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ORDINANCE NO. 11-09:Consider an ordinance rezoning and placing land presently zoned POC (Planned Office Center) District in part, MH (Mobile Home) District in part, and R-1-A (Single Family Residential) District in part, to PC (Planned Commercial) District; said land being located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray, as more particularly described herein, amending "Zoning Map of Delray Beach, Florida, Apri12007. If passed a public hearing will be held on Apri121, 2009. B. ORDINANCE NO. 19-09:Consider aCity-initiated amendment to Land Development Regulations (LDR) Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299 and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. If passed, a public hearing will be held on Apri121, 2009. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission SPECIAL/WORKSHOP MEETING MARCH 12, 2009 A Special/Workshop Meeting of the CitS~ Commission of the City of Delra~~ Beach, Florida, was called to order by Mayor Rita Ellis in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, March 12, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Vice Ma~~or Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Rube, CitS~ Attorne~~ Brian Shutt, Assistant City Attorne~~ Chevelle D. Nubin, CitS~ Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Items: SPECIAL MEETING AGENDA 1. MUNICIPAL ELECTION RESULTS: Canvass the returns, and declare the results of the March 10, 2009 First Nonpartisan Election. Mr. Fetzer moved to approve the official cumulative totals for each candidate for Commission Member/Seat #1, Commission Member/Seat #3 and Mayor/Seat #5, including all of the regular, absentee, and provisional votes as presented, and that it is hereby declared, based upon the above and foregoing official results, that Gary P. Eliopoulos is elected as Commission Member/Seat #1, Adam Frankel is elected as Commission Member/Seat #3 and Woodie McDuffie is elected as Ma~~or/Seat #5 for two ~~ear terms commencing on the 26`h da~~ of March, 2009, and ending in accordance with the City Charter. Pursuant to the City's Charter, Article V, Section 5.04(C), due to Mackenson Bernard being unopposed, he is deemed to have voted for himself and, therefore, elected to Seat #4 for which he qualified, seconded b~~ Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Ma~~or Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis adjourned the Special Meeting at 6:03 p.m. 03/12/09 WORKSHOP AGENDA 1. Housing Authority Status Report on Village at Delray and other Projects Ms. Dorothy Ellington, Executive Director of the Delray Beach Housing Authority, gave an overview of the dispute with Auburn Development regarding the Villages of Delray project. Discussion ensued between Ms. Ellington and the Commission regarding land, community perception and additional projects the Delray Housing Authority has planned or is underway. In addition, Mr. Brian Hinners, Auburn Development, discussed the project and stated they are trying to resolve the issues with the Delray Beach Housing Authority. Mr. Cito Beguristian discussed the property and plans regarding the project. 2. Review of Recommendations from the Resurvey of West Settlers Historic District Paul Dorling, Director of Planning and Zoning presented this item and gave an update on the recommendations from the resurvey of the West Settlers Historic District that was completed in January 2009. The recommendations include the following: amending the southern boundary by removing the Atlantic Grove Development; removal of two (2) properties located along the west side of NW 5`h Avenue, within the first block; extend the Period of Significance (POS) to 1970; list the La France Hotel and the SD Spady House properties on the National Register of Historic Places; and consider a historic designation or historic marker for the remainder of the Lake Ida Road wall north of NW 4`h Street. Mr. Dorling advised that all the recommendations will be brought back to the City Commission in an ordinance form. 3. Update on South Florida Water Management District (SFWMD) Landscape Irrigation Rules Richard Hasko, Director of Environmental Services, introduced this item. He introduced John Fumero of Lewis, Longman & Walker. John Fumero gave a PowerPoint presentation and presented a brief background on the South Florida Water Management District (SFWMD) irrigation rules, the District's current proposal to implement permanent year round restrictions for landscape irrigations in an effort to conserve water. 4. Review of draft Red Light Camera RFP Sharon L'Herrou, Administrative Manager, and Captain Jeffrey Goldman from the Police Department were present. Mrs. L'Herrou presented this item and gave a summary of what they are looking for in a vendor for the Red Light Camera Project. They are looking for a vendor that has demonstrated the ability to do this type of project. She stated that they met with some lead vendors to learn about the industry, reviewed the standards that was set by the International Association of Chief of Police, reviewed other cities Request for Proposals (RFPs) as well as interviewed staff members. The specifications were drafted, and reviewed internally by Police Administration, the City Attorney, Purchasing Division and Engineering. It was the consensus of the Commission to have the RFP process. Questions were asked regarding the ten (10) approaches/intersections, how the revenue will be handled and who will monitor the cameras. -2- 03/12/09 Susan Ruby, City Attorney stated that a termination clause should be added in the contract. Mayor Ellis adjourned the Special/Workshop Meeting at 7:53 p.m. City Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Tuesday, March 12, 2009, which Minutes were formally approved and adopted by the City Commission on April 7, 2009. CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. -3- 03/12/09 MARCH 17, 2009 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 17, 2009. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Brian Shutt, Assistant City Attorney Susan A. Ruby, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Dr. Gary Guerrier, Pastor with First Baptist Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Item 6.C., Reco~nizin~ and Commending Atlantic High School Girls Basketball Team will be postponed until April 7, 2009. Mayor Ellis stated Item 10.E., Resolution No. 14-09 Amendment No. 1 to Contract for Sale and Purchase/Community Land Trust/315 S.W. 3rd Avenue, has been withdrawn by the applicant. Mr. Bernard requested that Item 9.N., Discussion of Tennis Tournament Ouerational and Management Practices and Policies be moved up on the Regular Agenda as Item 9.A.A. Also, Mr. Bernard requested that Item 8.B., Contract Addition (Change Order No. 1)/JW Cheatham, LLC, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.C., Service Authorization No. 07-08.2/Mathews Consulting, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. 03/17/09 The City Manager requested that Item 9.B., Resolution No. 12-09 (Resolution of Necessity/Douglas Avenue Special Assessment District) and noted that staff will bring back at the next meeting so that they can recalculate the amounts. Mr. Eliopoulos requested that Item 8.D., Service Authorization No. 07- 10/Mathews Consulting, Inc., of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A., Item 8.H., Fourth Amendment to Parking Suace Lease Agreement/Oxford Business Coruoration, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A. and Item 8.L.D., (Site Plan Review and Appearance Board Item) of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A.A.A.A. Mr. McDuffie moved to approve the Agenda as amended, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of February 17, 2009, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to approve the Minutes of the Regular Meeting of March 3, 2009, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Reco~nizin~ and Commending William and Nicholas Burckhard Mayor Ellis read and presented a proclamation hereby joining in honoring William Burckhard and Nicholas Burckhard in recognition of their courageous act and extend our gratitude to have men that demonstrate these characteristics working in our community. On behalf of the Delray Beach Police Department, Police Chief Tony Strianese expressed his gratitude and presented William and Nicholas Burckhard with a plaque from the Police Department. 6.B. Commending multiule medal winners -Delray Beach 2009 Senior Games Mayor Ellis read and presented a proclamation hereby recognizing and commending the following contestants for their many triumphs in the 20~ Annual Delray Beach Senior Games: -2- 03/17/09 • Ed Rangel, 11 medals (2 gold in basketball skills, 2 gold and 4 bronze in track and field, and 3 gold in swimming) • Chris Burt, 10 medals in swimming (9 gold and 1 silver) • Rodger Ribeiro, 7 gold medals (1 in golf, 1 in bowling, 1 in tennis, 1 in table tennis and 3 in track and field) • Raffi Toroyan, 5 silver medals (4 in track and field and 1 in table tennis) • Justin Langsner, 4 medals (2 gold in basketball skills, 1 gold and 1 silver in track and field) • Nicholas Haridopolos, 4 gold medals (1 in tennis and 3 in swimming) • Fred Henderson, 4 gold medals in swimming • Martin Quinn, 5 medals in track and field (4 gold and 1 silver) • Edward Soderberg, 4 gold medals in track and field • Don Zaccardo, 4 medals in track and field (3 gold and 1 silver) proclamation. Danielle Beardsley and Linda Karch came forward to accept the 6.C. Reco~nizin~ and Commending Atlantic High School Girls Basketball Team This proclamation will be postponed to regular meeting of April 7, 2009. 6.D. Water Conservation Month - Auri12009 Mayor Ellis read and presented a proclamation hereby proclaiming the month of April 2009 as Water Conservation Month in Delray Beach. Richard Hasko, Director of Environmental Services, came forward to accept the proclamation. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/1005 RHODES VILLA AVENUE: Approve a request to defer the installation of a sidewalk in front of 1005 Rhodes Villa Avenue. 8.B. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.C. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 8.D. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A. -3- 03/17/09 8.E. PHASE 2 PARTICIPATING AGENCY DESIGNATION /FLORIDA DEPARTMENT OF TRANSPORTATION/SOUTH FLORIDA EAST COAST CORRIDOR TRANSIT ANALYSIS STUDY: Approve and authorize the execution of an agreement with Florida Department of Transportation for the City to participate in Phase 2 of the South Florida East Coast Corridor Transit (SFECCT) Analysis Study. 8.F. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Approve one (1) Housing Rehabilitation Grant contract award through the Community Development Division in the amount of $24,564.75 to Jemstone Construction Group, Inc. (310 N.W. 12~ Avenue). Funding is available from 118-1963-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). 8.G. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY/CURB APPEAL RESIDENTIAL IMPROVEMENT PROGRAM: Approve Amendment No. 1 to the Interlocal Agreement between the City and the Community Redevelopment Agency (CRA) in the amount of $50,000.00 for FY 2008 - 2009 to fund the implementation of the Curb Appeal Residential Improvement Program within the CRA area. 8.H. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A. 8_I. RATIFICATION OF APPOINTMENTS TO THE KIDS AND COPS COMMITTEE: Approve and ratify certain appointments to the Kids and Cops Committee for terms ending November 30, 2009. 8.J. SPECIAL EVENT REQUEST/EASTER SUNRISE SERVICE: Approve a request for an Easter Sunrise Service to be held on April 12, 2009, granting a temporary use permit per LDR Section 2.4.6(F) for the closure of South Ocean Boulevard from Atlantic Avenue to Miramar from 6:00 a.m. to 7:30 a.m., grant the use of the pavilion, authorize staff support for traffic control, barricading and EMS presence. 8.K. SPECIAL EVENT REQUEST/AVDA SK WALK/RUN: Approve a special event request to endorse the 12~ Annual Aid to Victims of Domestic Abuse, Inc. (AVDA) SK Walk/Run to be held on Sunday, October 10, 2009 from 7:30 a.m. until approximately noon, with set up at 5:00 a.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Anchor Park and the City right-of--way along Ocean Boulevard from Casuarina to George Bush Boulevard, to waive parking meter fees in Anchor Park and Sandoway lots, and to authorize staff assistance for providing traffic control, barricading, signage, trash pick up and removal, and set up and use of half of the small stage; contingent on the sponsor providing the required liability insurance and hold harmless agreement. 8.L. ITEM 8.L.D. HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A.A.A.A. -4- 03/17/09 8.M. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Technical Inspections, Inc., in the amount of $16,650.00 for the rehabilitation of Lift Station #18. Funding is available from 442-5178-536-68.15 (Water and Sewer Renewal and Replacement/Lift Station Rehabilitation). 2. Purchase award to Florida Bullet, Inc. in the amount of $18,300.00 for the purchase of ammunition in preparation for next year's training and firearms qualifications for the Police Department. Funding is available from 001-2115-521-52.19 (General Fund/Operating Supplies/SWAT Expenditures). Mr. Fetzer moved to approve the Consent Agenda as amended, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. DISCUSSION OF TENNIS TOURNAMENT OPERATIONAL AND MANAGEMENT PRACTICES AND POLICIES Mark Baron came forward and introduced himself as the Tournament Director of the Delray Beach International Tennis Championships. Sharon Painter came forward and stated she works for JCD Sports Group and they facilitate between the City of Delray Beach and the tournaments. Commissioner Bernard stated last year he attended the Chris Evert Tennis Tournament and tried to get into the VIl' section but only his friends were allowed in and he was not. He stated Dolores Rangel, Administrative Assistant, had to call management to allow him to enter the VIP section. Mr. Bernard stated he never did anything regarding that, however, with the event that transpired on February 28, 2009, he feels the City needs to take a look at the policies and procedures that are established at these tennis tournaments. Commissioner Bernard stated he spoke to Mr. Baron about the incident that took place on February 28, 2009 and he was very specific in terms of whom he wanted to be present at this meeting (the usher who was at the event, Mr. Dick Quintos, Mr. Mark Baron himself, and the Police Officer that Mr. Quintos reported the event to). Mr. Baron noted that these individuals are not present this evening; however, he will ensure that they are present at the next regular meeting of April 7, 2009. Mr. Bernard asked that the City Attorney take a look at the agreement with the City of Delray Beach and Matchpoint and then, at the next meeting, the Commission will give staff more instructions on what to do. -5- 03/17/09 At this point, it was the consensus of the Commission to postpone this item to a date certain of April 7, 2009. 9.A.A.A. CONTRACT ADDITION (CHANGE ORDER NO. 1)/JW CHEATHAM, LLC.: Approve a Contract Addition (Change Order No. 1) in the amount of $34,020.00 to JW Cheatham, LLC. for extending S.W. 7~ Avenue to SW 4th Street. Funding is available from 118-1960-554-68.27 (Neighborhood Services/Other Improvement/ Mango Dr/Reigle Dr & S.W. 7~). Richard Hasko, Director of Environmental Services, stated this item is a $34,020.00 change order to contract with JW Cheatham for construction of the project for Mango Drive/Reigle Avenue/S.W. 7~ Avenue Roadway Construction. Mr. Hasko stated the reason for the change order is the addition of a length of roadway at the south end of 7~ Avenue. The original was for adead-end hammerhead at the end of S.W. 7~ Avenue where the 50 foot right-of--way narrows down. Subsequently, staff was looking at and discussing the issues that arose from that dead end in terms of emergency vehicular access, etc. and we looked at the opportunity for using the lesser right-of--way south of there and extending 4~ Street and extending 7~ Avenue all the way to 4~ Street. Staff did a design for that and the additional construction of that work is what that change order is for. Mr. Bernard stated this is 24.21% increase and expressed concern as to when we are going to get this right. Mr. Hasko stated you are never going to not see any change orders. Mr. Hasko stated what staff struggled with in the past and have now resolved is making sure that we receive proper levels of authorization prior to work being done. He stated there are many projects where staff sees an opportunity for cost savings or savings of economy of scale by adding scope to an existing contract. Mr. Hasko stated if it is in line with the type of work that the contractor is doing, which the contract is awarded, staff has the economy of scale of having the contractor already mobilized on site so this saves the City money. Mr. Hasko stated they also save money on materials because the contractor is adding to his existing bill of materials so there is an economy of scale there. Therefore, Mr. Hasko stated it is beneficial to the City and it is cost effective as well. Mr. Eliopoulos stated because of the right-of--way limitations he believes it is affecting someone's property and asked if this has been worked out. Lula Butler, Director of Community Improvement, stated staff met with the homeowner (located on the corner of 7~ Avenue and 4~ Street). The house faces 4~ Street and it is a habitat house built in 1996. Mrs. Butler stated the homeowner applied for a building permit to erect a fence across the front of her property which is a 50 foot lot. Mrs. Butler stated she is represented by her Attorney and she had thought that the person who owns the property across from the right-of--way owned all of that land which appeared to be vacant land. Mrs. Butler stated the homeowner extended her fence across the City's 25 foot right-of--way. Mrs. Butler stated staff informed her that the City would remove her fence and place it along the side of her home as part of this project. The -6- 03/17/09 homeowner also extended a patio slab that now encroaches into the City's right-of--way and the City will have to cut part of that off. Mrs. Butler stated staff met with her and her attorney took the position that because she had her fence there for more than 5 years she now has the right to take that property. The City Attorney's office has given staff case studies that say that is not correct for public property so we have informed her attorney of this by letter. Mr. Eliopoulos moved to approve Item 9.A.A.A. (formerly Item 8.B.), seconded by Mr. McDuffie Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis - Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. 9.A.A.A.A. SERVICE AUTHORIZATION NO. 07-08.2/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-08.2 in the amount of $12,843.00 to Mathews Consulting, Inc. for professional engineering services in the design of Area llA of the Reclaimed Water System. Funding is available from 441- 5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). Richard Hasko, Director of Environmental Services, stated this request is a staff request for approval of an additional $12,843.00 for professional engineering services for Reclaimed Water Area llA (Contract #3). Mr. Hasko stated the entire Area llA Reclaimed Water Project is fairly expansive in its scope and involves the retrofitting of an existing re-pump station and it involves some very large piping which will be on the west side of the Intracoastal which will have to be directional drilled and involves extending that transmission lane on the barrier island along a particular route from north of Atlantic Avenue to Beach Drive and then putting all of the distribution lines out into the streets to connect people to the irrigation system. He stated because of the time constraints that we have on this project that are attached to the South Florida Water Management District (SFWMD) $l.l million grant, the City must have all of this work substantially complete by the end of August in order to preserve that reimbursable grant. Mr. Hasko stated because of the relatively large scope of the contract staff split this up into three contracts; contract one was the pump station, contract two was the large transmission main between the pump station and the Intracoastal waterway, and contract three is all of the work on the barrier island with the transmission main going up Andrews Avenue and then all the distribution lines going out to the side. Prior to making those contract splits, staff had the service authorization and design contract with Mathews Consulting (Engineer for the project) and based on our preliminary pipeline alignment they had numbers in their proposal for utility locations for potholes to try and locate existing facilities that staff thought they were going to have to cross for design purposes. Based on the preliminary alignment on the barrier island side they were estimating about 20 potholes. Mr. Hasko stated when they split up the contracts they went through each contract and finalized the alignments. He stated Mathews Consulting then went out and did another field inspection to make sure that he had all of his potential conflict points covered and with the final alignment he determined that he needed another 39 potholes to make sure that we were going to be able to avoid any potential conflicts with existing -7- 03/17/09 facilities. Mr. Hasko stated staff received a proposal from Matthews Consulting a few weeks ago. Staff explained to him that he should not proceed with the work until the City gives him the authorization because there is the potential that it would not be approved by the City Commission. Understanding that and wanting to maintain the schedule for the design plans that led up to the bidding schedule and the ultimate construction schedule he went ahead with the work at his own risk. Staff recommends approval for payment for that work because had the Engineer not done the additional research and field work to locate the potential existing conflicts, the potential change order costs that result from those unforeseen conditions that staff would not have known about, could far exceed these additional costs. Mr. McDuffie inquired about the potholes. Mr. Hasko stated if they know where we have water mains and sewer mains they will locate them horizontally but then they have to find them vertically because we are working in three dimensions. He stated they have to go out and dig over the pipe location and measure down to the crown of the pipe so that they know vertically where it is and so that when they are putting the new pipe in they can go over it or under it. Mr. Hasko stated they are done for alignment and design purposes (vertical and horizontal). The City Manager stated it is the hole you dig to see how deep the pipe is. Mr. Bernard stated he does believe that we need to move on with this project but tonight he cannot vote to approve for the person to just do the work and all of a sudden the City is stuck with a bill. He stated he does not know how many times someone is just going to go ahead and do the work and now the City is left with a bill to pay. Mr. Bernard expressed concern that a person can say we'll just do the work and the City Commission will approve it. Therefore, Mr. Bernard stated he will not support it. Mr. Eliopoulos asked if we are on track with this project. Mr. Hasko stated staff is barely on schedule because it was a very tight schedule to begin with. He stated staff got a late start for a variety of reasons and things that we were ironing out with the consulting contract. Mr. Hasko stated right now the City is on schedule to meet that deadline but any delays that staff experiences in this project are very critical. Mr. Eliopoulos asked if there is a penalty clause within the consulting contract. Mr. Hasko stated there is no penalty clause in the consulting contract and noted that in the bid specifications for the construction contract we have both hefty penalty clauses for a late finish and a reward clause for an early finish. Mr. Eliopoulos expressed concern over the reward clause. Mr. Hasko clarified that the reward clause or the penalty clause are not in the consulting contract but they are in the bid specifications for the construction contract. He stated this is sub-consultant fee for the additional subsurface soilest work that was necessary for the design work. Mr. McDuffie moved to approve Item 9.A.A.A.A. (formerly Item 8.C.), seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos - Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. -8- 03/17/09 9.A.A.A.A.A. SERVICE AUTHORIZATION NO. 07-10/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-10 in the amount of $49,221.00 to Mathews Consulting, Inc. for professional construction management services for the construction of the Area 1 lA Reclaimed Water Transmission system and Distribution system serving the Barrier Island. Funding is available from 441-5181-536- 65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). Richard Hasko, Director of Environmental Services, stated this is a request for Service Authorization with Mathews Consulting for the remainder of the Reclaimed Water Area 1 lA Project for the construction administration and construction services that they will provide to us. Mr. Hasko stated the Commission approved a similar contract with them for Contract 1 which was for the modifications to the pump station. He stated that number was a little higher because of the additional effort that staff needed from the consultant because of the limitations on our own in-house inspection staff for that kind of work. Mr. Hasko stated this number is for the remainder of the contract for contracts 2 and 3, and it provides inspection services and additional services for shop drawings and essentially all of the services that the project engineer will need to see as this pipe goes into the ground that will give him the ability to certify the construction when he is finished. Mr. Hasko stated the reason that we need consulting services for the construction administration portion of this project is because of the combination of the limitations of staff in terms of availability of time, human resources, and the extent of the contract. Mr. Eliopoulos asked if that number was already in their original contract or did they just generate this number now as per staff's request. Mr. Hasko stated he does not believe it was stated in the original contract. Mr. Eliopoulos requested that we always have it in the contract. Mr. Hasko stated staff is making sure that they do that now and noted that this original contract preceded that request. He stated because of the estimated value of this job and if you totaled up all the consulting costs on this project to date which would include the two additions tonight, the percentage of construction is approximately 11 ~/z percent. Therefore, Mr. Hasko stated for the level of services that the City is getting from them on this project it is well within what you may consider a normal percentage of construction costs. Mr. Eliopoulos moved to approve Item 9.A.A.A.A.A. (formerly Item 8.D.), seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.A.A.A.A.A.A. FOURTH AMENDMENT TO PARHING SPACE LEASE AGREEMENT/OXFORD BUSINESS CORPORATION: Approve the Fourth Amendment to Parking Space Lease Agreement with Oxford Business Corporation to include insurance provisions and clarify the tenant's share of expenses. -9- 03/17/09 The City Attorney stated this is the fourth amendment to a lease agreement for the Robert Federspiel Parking Garage. She stated staff clarified some insurance terms in this contract and also clarified what their participation is for operating expenses. Mr. Eliopoulos stated he requested to remove this item from the Consent Agenda because Block 77 Development Group was the actual builder of the garage and there are some ongoing warranties with them. Mr. Eliopoulos declared a conflict of interest and stated he is actually the architect on another prof ect. Mayor Ellis stated there was an issue with the warranty and asked what the status is on the warranty. The City Attorney stated staff got the guaranty extended so as far as she knows things are okay right now. Mr. Fetzer moved to approve Item 9.A.A.A.A.A.A. (formerly Item 8.H.), seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A.A.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (ITEM 8.L.D.). Mr. Eliopoulos stated this is for Atlantic Plaza II (Item 8.L.D.) and he is requesting to have this appealed from the Site Plan Review and Appearance Board (SPRAB). Mr. Eliopoulos moved to appeal Site Plan Review and Appearance Board Item 8.L.D., Atlantic Plaza II, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. 9.A. PARHING LICENSE AGREEMENT/CUT 432: Consider approval of a parking license agreement with Cut 432 Steakhouse to establish a parking valet queue on the west side of S.E. 4th Avenue south of Atlantic Avenue. Scott Aronson, Parking Management Specialist, stated Cut 432 is located on the 400 block of East Atlantic Avenue and has requested the establishment of a valet parking queue. Mr. Aronson stated this request is to be located on S.E. 4th Avenue on the west side and is approximately 25 feet south of Atlantic Avenue. He stated this is a modified request and the original request was to be on Atlantic Avenue on the south side of the street in front of the restaurant. Mr. Aronson stated there is an existing valet queue on the north side of the street directly across from where their queue would have been Mr. Aronson stated staff did not support the request nor did the Board at the December 16, 2008 meeting when the request was originally made. During those deliberations, it was suggested that modifying the request to S.W. 4th Avenue may garner better support. Mr. Aronson stated there were some challenges that were remembered from the Sopra queue which is on S.E. 2nd Avenue immediately south of the intersection and when the queue is full as people try to make the turn especially westbound they would get caught -10- 03/17/09 in traffic thereby stopping all traffic in all directions. Staff has discussed this with the applicant and that problem has been resolved with the Sopra queue in making sure that the proper staffing levels are maintained at the valet queue at all times. Mr. Aronson stated the applicant is aware that if the queue is approved that they need to maintain those levels, that the queue would be monitored for making sure that the traffic maintains a smooth flow through the intersection and if not, is aware that the valet parking license agreement could be terminated if they do not keep those levels and that traffic is impinged going through the intersection. Staff recommends approval because the queue would be a benefit for the GOL Taste of Brazil when it was full. Traffic now has to go down past the tracks and this would be a second queue on the east side of the tracks. He stated if the Taste of Brazil queue is full, traffic has to go across the tracks and make u- turns to get to the next available queue on the south side. Therefore, people would be able to make a left turn to get to this valet queue. Mr. Aronson stated he has spoken with two nearby parking lot owners as the agreement notes that they have to have private lots to park in. He stated they have one parking lot up the block that has 30 parking spaces for them and they have a second parking lot reserved that is located on S.E. 5~ Avenue. Mr. Aronson stated the parking lots are in place and their insurances with the valet will be in place as well. Staff recommends approval. Mr. Eliopoulos inquired about pulling up directly in front of Cut 432 Steakhouse and asked how this is going to work. Mr. Aronson stated they are going to try and allow signage and possibly put a sleeve in the landscape node and have them put a pole sign into a sleeve so it will be removed each night. Mr. Aronson stated staff is hoping to do this with an A-frame sign because if it is out in front of the queue they would not really get any visibility. He stated staff will try to work something out with signage so that it is not out there constantly. Mr. Eliopoulos stated with the economic times that we are in he thinks it is important to try and help out anyway we can. He stated this was a good resolution that staff came up with. Mr. Aronson stated this will help with their marketing and advertising. Mr. Fetzer moved to approve the Parking License Agreement with Cut 432 with the understanding that the agreement may be canceled with no further action if traffic problems due to the queue are not corrected following notice, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 9.B. THIS ITEM HAS BEEN POSTPONED. 9.C. RESOLUTION NO. 13-09 (SETTING PUBLIC HEARING DATE FOR S.W. 8th AVENUE SPECIAL ASSESSMENT DISTRICT): Consider approval of a resolution setting the public hearing date for consideration of the S.W. 8~ Avenue Special Assessment District final assessment roll. The caption of Resolution No. 13-09 is as follows: -ll- 03/17/09 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE S.W. 8TH AVENUE SPECIAL ASSESSMENT DISTRICT; PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. office.) (The official copy of Resolution No. 13-09 is on file in the City Clerk's Brian Shutt, Assistant City Attorney, stated this resolution is to set a public hearing date for May 5, 2009 for the final assessment roll for S.W. 8th Avenue. Mr. Shutt stated the special assessment amount is being reduced because the original estimated cost is approximately $206,000.00 and the cost came in at a 52% reduction. Therefore, staff recommends that the special assessment to the property owners be reduced in a like manner. Mr. Eliopoulos moved to approve Resolution No. 13-09 setting a Public Hearing date of May 5, 2009 for the S.W. 8th Avenue Special Assessment District, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. McDuffie -Yes; Mr. Bernard - No; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote, Commissioner Bernard dissenting. At this point, the time being 7:04 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 10-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 4.5.1, "HISTORIC PRESERVATION SITES AND DISTRICTS", SUBSECTION (L), "DESIGNATION OF HISTORIC DISTRICTS", SUBSECTION (2), -12- 03/17/09 "MARINA", TO PROVIDE FOR THE REMOVAL OF CERTAIN PROPERTIES WITHIN THE MARINA HISTORIC DISTRICT AND AMENDING THE MARINA HISTORIC DISTRICT BOUNDARIES; PROVIDING FOR A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 10-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance modifies the Marina Historic District boundaries which results in the removal of 12 properties. This is a result of a survey of the marina district and the findings in that survey indicated that certain areas had been adversely affected by the scale of new construction along the Intracoastal Mr. Dorling stated the recommendation in the report was that these 12 properties be removed from the district and the district boundary lines in the LDR's be modified. At its meeting of February 18, 2009, the Historic Preservation Board (HPB) recommended approval with a vote of 5 to 0; at its meeting of February 23, 2009, the Planning and Zoning Board recommended approval with a vote of 7 to 0. Mayor Ellis declared the public hearing open. Matthew Grabham, 350 S.E. 7th Avenue, Delray Beach, stated removing them from the district will actually increase the percentage of contributing properties in the district and help the remainder of the district become eligible for a National Registration. Mr. Grabham stated it will take out the larger properties so they cannot be used as a basis for comparison for new development within the remaining historic district. He stated it will allow for the Historic Preservation Board (HPB) and staff to concentrate on the real historic properties. Mr. Grabham stated the situation should not arise again given the new ordinances that are in place regarding the new guidelines for construction and the penalties against neglect of historic structures. He urged the Commission to support this ordinance. Eric Price, 340 S.E. 7th Avenue, Delray Beach, thanked Amy Alvarez, Paul Dorling, the Planning and Zoning Board, the Historic Preservation Board, and the City Commission for recognizing that this is a solution that makes sense for not only those that live in the area that they are proposing to remove but also for those in the northern blocks and allow the City and HPB to strengthen the fabric of the historic district. Mr. Price urged the Commission to support this ordinance. -13- 03/17/09 There being no one else from the public who wished to address the Commission regarding Ordinance No. 10-09, the public hearing was closed. Mr. McDuffie moved to adopt Ordinance No. 10-09 on Second and FINAL Reading, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 13-09 (FIRST READING/FIRST PUBLIC HEARING): Consideration of an ordinance, providing for acceptance of the resurvey report of Nassau Street Historic District including extending the period of significance to 1964 and reclassifying five (5) properties from non-contributing to contributing. If passed, a second public hearing will be held on April 7, 2009. The caption of Ordinance No. 13-09 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 13-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated this ordinance will implement the recommendations of the Nassau Street Historic District resurvey which includes the expansion of the Period of Significance to 1964 and reclassification of five properties. Mr. Dorling stated this will also correct the district's name from Nassau Street Historic District to Nassau Park Historic District. All of these recommendations were included in the survey recently completed by RJ Heisenbottle Architects, Inc. that was recently completed again in January 2009. One of the recommendations also included a listing of the district on the National Register of Historic Places (NRHP) and that process will be underway shortly and will be back before the Commission for that recommendation. -14- 03/17/09 At its meeting of March 9, 2009, the Historic Preservation Board voted 6 to 0 for recommendation of approval. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 13-09, the public hearing was closed. Mr. Fetzer moved to approve Ordinance No. 13-09 on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.C. AMENDMENT TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN (FY 2007- 2008): Approve an Amendment to the Community Development Block Grant (CDBG) FY 2007-2008 Annual Action Plan to include $100,000.00 toward funding Public Facilities and Improvements located within the CDBG target area. Funding is available from 118-1963- 554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). Lula Butler, Director of Community Improvement, stated this is a request to amend the City's Annual Action Plan for fiscal year 2007-2008. The proposed amendment will reallocate $100,000 from the Housing Rehabilitation line item into Infrastructure Improvements. Mrs. Butler stated the U.S. Department of Housing and Urban Development (HUD) requires that the City hold a public hearing and that we advertise fora 30 day period so that we give our citizens time to comment on such a significant change. She stated that per the City's policies and procedures any time staff moves more than $25,000.00 out of one line item it is a substantial change. Mrs. Butler stated these dollars will be used to support infrastructure improvements in the Southwest section and the City will fund a portion of the infrastructure improvements that assists with the Southwest 14~ Avenue project because this enables the City to be able to reduce the cost of the homes that are going to be sold by the Community Land Trust (CLT). She stated the City published its advertisement on February 15~ for 30 days and staff has not received any comments. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding the amendment to the Community Development Block Grant (CDBG) Annual Action Plan for fiscal year 2007- 2008, the public hearing was closed. Mr. Bernard moved to approve the amendment to the Community Development Block Grant (CDBG) Annual Action Plan for fiscal year 2007-2008, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes. Said motion passed with a 5 to 0 vote. -15- 03/17/09 10.D. 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, "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. Prior to consideration of passage of this ordinance on Second and FINAL Reading, a public hearing has been scheduled to beheld at this time. office.) The caption of Ordinance No. 12-09 is as follows: AN ORDINANCE OF THE CITY COMMISSION 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. (The official copy of Ordinance No. 12-09 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Terrill Pyburn, Assistant City Attorney, stated this ordinance provides a provision for a limited response for various violations including failure to register the alarm within thirty (30) days of false alarm, 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. Ms. Pyburn stated there is also a provision that allows for enforcement via civil citation with appeals to be heard through the City's Hearing Officer as opposed to just the Code Enforcement Board. The -16- 03/17/09 City Attorney's Office, Police Department and Community Improvement Department met and decided that this would be a good way to deal with false alarms. Ms. Pyburn stated attached to the Agenda item is a copy of the Notice of False Alarm that will go out to each person who has a false alarm violation and also a copy of the Notice of Overdue Alarm Fees for those people that have alarm fees that are overdue by 120 days and who do not necessarily have a currently active alarm system. Mayor Ellis inquired about the level of false alarms. Ms. Pyburn stated if somebody sets the alarm by accident and it happens repetitively then they will be put on limited response. Furthermore, Ms. Pyburn explained when you have negligent alarm owners who are allowing their alarms to continuously emit false alarms and they are not really taking care of them or fixing them, the Police and Fire go out to respond but since there is really nothing happening, it is wasting their time. Ms. Pyburn clarified that the Police Department in any event will continue to respond to crimes in progress, panic button calls, silent alarm calls and calls from persons on-site reporting a crime. Mayor Ellis declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 12-09, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 12-09 on Second and FINAL Reading, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. 10.E. THIS ITEM HAS BEEN WITHDRAWN BY THE APPLICANT. At this point, the time being 7:18 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's resuonse to urior uublic comments and inquiries. The City Manager stated the VFW attended the last City Commission Meeting concerned still over the handicapped parking. The City is in the process of converting some of the parallel spaces in front of the VFW building so that they will have those available to them. Secondly, Mr. Hawke had expressed concern about homeowners with hardships accumulating code enforcement liens and what can be done about it. The City Manager stated Lula Butler, Director of Community Improvement, met with Mr. Hawke and explained that most of the City's referrals to the Bootstrap Program and other programs for home repairs come through the Code Enforcement office. They do that before they ever go before the Code Enforcement Board and if they go before the Board there is some other issue involved. Staff does not feel it is appropriate for a quasi judicial board to get involved in that aspect of it. However, staff is very sensitive to that and the -17- 03/17/09 City tries to work with homeowners on that particular problem. 11. From the Public. 11.B.1. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach, commented about Atlantic Avenue from S.W. 7 Avenue going west to Congress Avenue and asked who is responsible for overseeing the construction work that has been going on in this area. The City Manager stated the Florida Department of Transportation is overseeing this project. 11.B.2. Michael Weiner, 10 S.E. lgt Avenue, Delrav Beach, stated on March 3, 2009 with respect to the discussion of the towing and storage contract, during the period of time and discussion and after February 27, 2009 at which there was a bid protest, the City of Delray Beach continued to use Westway Towing with respect to City vehicles. Mr. Weiner stated that tractor wheeled vehicles were towed in that period of time by Westway and the City continues to pay for them. He stated the question becomes what are we going to do in the future and that was one if not all of the issues raised by the City Commission in the discussions on March 3, 2009. Mr. Weiner stated in the future the City is going to have to continue to use Westway or another alternative company even though the City's bidding procedure said that all City vehicles were going to be towed for free. Mr. Weiner stated if the bid has already been awarded and there is nothing else the City can do, he does not understand what the Commission's expressions on March 3, 2009 meant and does not know why it is that they have to continue with a contract that cannot be performed. Mr. Weiner stated considering the fact of what the Commission said at the meeting of March 3, 2009 and considering the fact that the contract cannot be performed and that vehicles cannot be towed for free, he feels it should have been on the Agenda tonight and that his client reserves all rights. Mr. Weiner stated the meeting is not over and the Commission has a chance to consider it now and if the Commission does not consider it now, they believe that the continued violation of the contract (not towing things for free) means that at anytime the Commission can reconsider this contract. 11.B.3. Steve Beck, Beck's Towing (current and oast contract holder), stated he does tow City vehicles for free and what Mr. Weiner is referring to are vehicles outside of the City and noted they get a mileage fee towed back into the City. Mr. Beck stated if his company was so inadequate for the five years that he had the contract, he never would have been awarded the contract again. He stated there is nothing that his company has not done that the City has asked him to do. 11.B.4. Alice Finst, 707 Place Tavant, Delrav Beach, stated last night she attended the Planning and Zoning Board Meeting where there was a presentation of a project known as Bellantica Gardens at the Four Corners. Mrs. Finst stated this project is a 298 unit six story with seven story garage. She expressed that there was no meeting sign posted on this property although not required by Code, as a courtesy to resident property owners in this area surrounding the four corners. Mrs. Finst requested that if any activity is being considered by the City in this area that a notice sign be put up. She -18- 03/17/09 stated a concern of the Planning and Zoning Board about the project was that this was not the image that everyone expected for the Four Corners area yet the project was created using City Codes. Mrs. Finst asked what can be done to create appropriate design so that we don't have these things coming out in the four corners areas that do not match up with everybody's expectations. She stated another concern is that there are not any pictures or PowerPoint to show connections to adjacent properties and impact on road and traffic in the area. She stated an acquaintance suggested that the City might require a program called Google Sketch-up seven 3-D models. Mrs. Finst stated what was hoped was that when you see the project you can see what everybody else will see especially in this case from the Hamlet, Sherwood Forest and particularly Whatley Road. She stated aseven- story building over those houses on Whatley Road is a bit much and feels it would have been a lot easier to understand what was going on if people could have seen the project and get the perspective of how the traffic is going to come out of that and circle through the area. Mrs. Finst urged the Commission to listen to the Planning and Zoning Meeting of Monday, March 16, 2009 or read the notes of the Bellantica Gardens at the Four Corners and form their own opinion on what should be happening at the Four Corners and particularly look at the project plans. She stated the Planning and Zoning Board sent this project back to drawing board. ll.B.S. Jane Fields, 319 S.E. 7t'' Avenue, Delray Beach, commented about the round-a-bouts in Delray Beach and stated she does not feel the majority of people know what to do in the round-a-bout. Ms. Fields stated she has her UK license and knows what to do but suggested that something be put on the water bills to educate people about the round-a-bouts. She stated her son is getting his driver's license and noted that there is not anything in the driver's book about what to do in a round-a-bout. Ms. Fields stated she has witnessed so many times where there has almost been a very bad accident and commented that someone was just killed in Parkland in a round-a-bout. She stated she likes the round-a-bout better than afour-way stop but people do not know what to do in a round-a-bout. Ms. Fields stated this is something to think about as we are planning things for the City and as the City installs more of these round-a-bouts. With regard to the towing contract, Mr. McDuffie stated he had asked for time to review and he feels it should have been mentioned at that time that the City was bound by contract at that time and there was no further review that could have been done. At this point, the time being 7:34 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. THE PLASTRIDGE AGENCY, INC./CANCEL/REWRITE OF PROPERTY AND CASUALTY INSURANCE: Consider a proposal to cancel and rewrite major property and casualty insurance policies for the City for the period April 1, 2009 thru September 30, 2010. Funding is available from 551-1575-591-45.30 (Insurance Fund/Insurance/ Boiler & Mach Premium), 551-1575-591-45.31 (Insurance Fund/Insurance/Package Policy Premium), 551-1575-591-45.33 (Insurance Fund/Insurance/Excess Property Premium) and 551-1575-591-45.34 (Insurance Fund/Insurance/ Fidelity/Performance Bond). -19- 03/17/09 Frank Babin, Risk Manager, stated the Plastridge Agency will propose a cancellation of the current major property insurance coverages effective April 1, 2009 and rewrite under the Florida Municipal Insurance Trust (FMIT). Peter Arts, Plastridge Insurance, stated the Plastridge Insurance Agency responded to the City of Delray Beach RFP 2008-48 to provide insurance services to the City of Delray Beach. On September 3, 2008 the City Commission voted to choose Plastridge Insurance Agency as their insurance services broker. Mr. Arts stated subsequent to that appointment, the Plastridge Insurance Agency has marketed and successfully placed several expiring policies including the railroad liability policy, the banner and parking lot policy required by Florida, Power & Light, and General Employees Pension Fund Fiduciary Liability Policy. Mr. Arts stated they have had several meetings with Mr. Babin and his staff to coordinate the replacement of the necessary coverages and have met with the City Attorney and staff. He stated in evaluating the current coverage it is noted that the primary package policy expires on April 1, 2009 and this policy includes the City's primary workers' compensation, and primary general and auto liability coverages. Mr. Arts stated currently the City's insurance is placed with multiple carriers with different layered limits, different cancellation penalties, and varied expiration dates. He stated their program will replace the City's property, auto physical damage, workers' compensation, and general and auto liability coverages mostly with the same carrier with a common inception date (April 1, 2009 -September 30, 2010). This policy will be placed with the Florida Municipal Insurance Trust (FMIT) and the Florida League of Cities is the administrator of the FMIT and currently insures over 600 members in the State of Florida. Mr. Arts stated for the 18 month term beginning April 1, 2009 the FMIT premium for all coverages will be $2,384,052.00 which works out to $132,447.00 per month. He stated this allows the City to pay quarterly as opposed to paying all up front. Mr. Arts stated the City is paying $161,250.00 on a monthly basis for the current policy. The difference in savings is $28,803.00 per month or on an annual basis $345,636.00. Mr. Arts stated the FMIT is going to insure the full $179,000,000.00 of property coverage for the City of Delray Beach. He stated the City will have a liability limit of $5,000,000.00 per occurrence with no aggregate limit. The City's deductible will be reduced from $500,000.00 per occurrence to $400,000.00 therefore saving the City $100,000.00. Mr. Arts stated their program has a 5% wind deductible per location on the damaged building. Mr. Arts recommends that the City transition into this program on April 1, 2009 and stated this locks the rate in for 18 months. He stated with the overall savings of several hundred thousand dollars, a lower risk retention, greater property and liability limits, for the City to take advantage and lock these rates in to protect them through the next two hurricane seasons. The City Attorney stated there have been some emails going back and forth today and as far as regard to general liability, the League insurance will be a little more involved in selecting outside counsel although they have indicated that they will work with the City. She stated staff has not seen what the language will look like exactly. The City Attorney stated they would have a say in settlements and other things are reporting requirements that may put some excess reporting responsibility on either the -20- 03/17/09 City Attorney's office or Risk Management. Staff is working out those issues. Mr. McDuffie stated that we have something unresolved at this point which is the terms and conditions based upon outside counsel, etc. The City Attorney stated there is not a lot of time left and while they might have emails going back and forth, the contract language is what controls. Mr. Arts stated in the end the City still has coverage. He stated what is unique about Delray Beach is that we have a very able City Attorney's office who has settled claims in the past and based on that the League has agreed that they will let the City Attorney's office settle those claims. Mr. Arts stated they have gone back and forth with a couple of emails but he feels that the threshold of being able to settle claims that are below 50% of the City's self-insured retention (SIR) which is $400,000.00. So, any claim that is going to be approaching $200,000.00 they would like to know about it. Mr. Arts stated they have re-insurance carriers require notification on a timely basis of claims that are out there. He stated in the end he does not think the City wants to settle all the claims that are going to approach the SIR but the League will let the City settle those claims. Mr. Arts stated he would be happy to work with the City Attorney to clarify language to her satisfaction in order to move this forward. Mr. Babin stated there are benefits going with the Florida Municipal Insurance Trust (FMIT) and noted that there is a premium savings, there is a reduced self- insured retention, and noted that the Medical Director of EMS Services could now be covered under FMIT. Mr. Babin stated although there are good benefits, there are also limitations and restrictions. He stated overall it is a good program and a big cost savings. Mr. Bernard stated asked if the City has any other vendors to compare FMIT to. The City Attorney stated the City actually had a bidding process and there was quite a selection of people bidding. Mr. Eliopoulos stated there is a cost savings but there is also a penalty clause and asked the City Manager to go over the numbers that we are dealing with. The City Manager stated if you did a straight pro rata adjustment with the City's current coverage and then you see what the City is actually getting back, the return premium is $193,850.00. He stated the difference between what the City would pay for two months of premium versus the $193,850.00 is $147,023.00. The City Manager stated that is the additional cost the City is paying because of cancelling early. The City Attorney stated it says that the City can settle amounts below the $200,000.00 threshold which is the half-way mark. Brandon Lynch, Plastrid~e Insurance, stated in addition they are saying that they cannot obligate the FMIT to any settlement. Mr. Lynch stated the amount is actually $400,000.00 not $200,000.00. -21 - 03/17/09 Mr. McDuffie moved to approve the Plastridge/Florida Municipal Insurance Trust (FMIT) insurance proposal to canceUrewrite the City's major property and casualty insurance (including workers' compensation) pending formal commitments by FMIT through Plastridge to provide coverage that meets the approval of Human Resources/Risk Management and the City Attorney, seconded by Mr. Bernard. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 9.E. APPOINTMENT OF OUTSIDE COUNSEL/KARLECKE v. CITY OF DELRAY BEACH: Consider approval to appoint Fred Gelston, Esq., as outside counsel in the case of Steven Karlecke v. City of Delray Beach. The City Attorney stated due to a conflict Cathy Kozol was representing the City of Delray Beach. However, the plaintiff has listed Catherine M. Kozol as a prospective witness to custom, policy and procedure of the Police Department. Thus, there is a potential conflict to the City Attorney's Office from Ms. Kozol's representation since she is a potential witness to an element of Karlecke's allegations. Due to this conflict, the City Attorney's office feels it would be in the best interests of the City to hire outside counsel for this litigation so as to avoid a conflict situation. The City Attorney's office recommends Fred Gelston be appointed as outside counsel. Mr. Eliopoulos moved to approve to appoint Fred Gelston, Esq. as outside counsel in the case of Steven Karlecke v. City of Delray Beach, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2010. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated because this is her last meeting she does not feel it is proper for her to make these appointments. Therefore, Mayor Ellis stated she would like to defer all her appointments to April 7, 2009 and all her appointments will come back to the Commission at the next meeting for the next Commissioner on the list to handle. 9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority to serve an unexpired term ending July 14, 2010. Based upon the rotation system, the appointment recommendation will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the next regular meeting of April 7, 2009. -22- 03/17/09 9.H. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Nuisance Abatement Board for two (2) year terms ending July 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Eliopoulos (Seat #1), Commissioner Fetzer (Seat #2), Commissioner McDuffie (Seat #3), Commissioner Bernard (Seat #4) and Mayor Ellis (Seat #5). Mr. Eliopoulos moved to reappoint Leonard Esptien as an alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Bernard - Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to reappoint Philip Friedman as a regular member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes. Said motion passed with a 5 to 0 vote. Mr. McDuffie moved to reappoint Arline Sherman as a regular member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes. Said motion passed with a 5 to 0 vote. Mr. Bernard moved to appoint Annie Adkins-Roof as a regular member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. Mayor Ellis stated she would like to defer her appointment to the regular meeting of April 7, 2009. 9.I. APPOINTMENT TO THE BOARD OF ADJUSTMENT: Appoint one (1) alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009. Based upon the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1). Mr. Eliopoulos moved to appoint Jason Feldman as an alternate member to the Board of Adjustment to serve an unexpired term ending August 31, 2009, seconded by Mr. McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie - Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. - 23 - 03/17/09 9.J. APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one (1) regular member to the Police & Firefighters Retirement System Board of Trustees to serve a two (2) year term ending on April 22, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the regular meeting of April 7, 2009. 9.K. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to a two (2) year term ending April 1, 2011. Based upon the rotation system, the appointment will be made by Mayor Ellis (Seat #5). Mayor Ellis stated she would like to defer her appointment to the regular meeting of April 7, 2009. 9.L. CONTRACT AWARD/FLORIDA HIGHWAY PRODUCTS: Contract award to Florida Highway Products, Inc. in the amount of $196,292.85 for microsurface paving of existing city roads. Funding is available from 334-3162-541-61.17 (General Construction Fund/Capital Outlay/Street Reconstruction. 9.M. FIRE STATION NO. 2/TEMPORARY STAFFING: Approve the redeployment of personnel assigned to Fire Station No. 2. 9.N. THIS ITEM HAS BEEN MOVED UP ON THE REGULAR AGENDA AS ITEM 9.A.A. 12. FIRST READINGS: A. None At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager apologized to Commissioner Bernard that he did not properly understand who he wanted to have here this evening. The City Manager stated he takes full responsibility for that and he will ensure that everyone is present on April 7, 2009. 13.B. City Attorney The City Attorney stated it has been a pleasure serving with Mayor Ellis as this is her last regular meeting. -24- 03/17/09 Secondly, she wished everyone a Happy St. Patrick's Day. 13.C. City Commission 13.C.1. Mr. McDuffie Mr. McDuffie stated the St. Patrick's Day Parade was wonderful and congratulated everyone who organized the parade. Secondly, Mr. McDuffie stated he attended the funeral of Ms. Wesley's daughter at St. John's Baptist Church in Boynton Beach. Mr. McDuffie stated this morning's Palm Beach Post has an article on the Palm Beach County League of Cities Lobbyist Program. Mr. McDuffie stated he called to see if he could reach Jamie Titcomb; however, he is in Washington, D.C. Mr. McDuffie informed them that the City of Delray Beach would be very interested in leveraging what they do because the intent is to create the database and the registration through the Palm Beach County League of Cities and that we, as a member organization, would be able to leverage that for the City at reduced costs, reduced effort, and staffing in the City. Lastly, Mr. McDuffie stated it has been a pleasure working with Mayor Ellis. 13.C.2. Mr. Bernard Mr. Bernard stated in regards to comments expressed by Alice Finst in regards to the Four Corners, he feels we should work with the Community Improvement Department in terms of setting a meeting where the Commissioners can go out to the Four Corners area and meet with the homeowners associations (HOAs) in regards to the plans for the Four Corners area. He stated that way the Presidents of the HOAs can be aware of what is going on and other citizens who live in that area can also participate in terms of knowing what is happening out there. Secondly, Mr. Bernard thanked Mayor Ellis for the work she has done on the City Commission. 13.C.3. Mr. Fetzer Mr. Fetzer stated the Commission is set to have a meeting with Usher L. Brown on Monday, March 23, 2009 at 5:00 p.m. Mr. Fetzer stated he informed Mr. Brown instead of trying to mail the final report to the Commission to please scan it and email it. Mr. Fetzer stated as soon as he receives the report he will email it to the rest of the Commission. He expects to receive the report no later than Friday, March 20, 2009. Mr. Fetzer stated that Mr. Brown was trying to set up a meeting with Mary McCarty with her Attorney present; however, the US Attorney has not allowed that to happen due to the - 25 - 03/17/09 fact that the case has not gone to trial yet. Therefore, Mr. Fetzer stated that will not happen before the Commission receives the final report. However, Mr. Brown has indicated that he has met with the City's financial advisor and bond counsel and noted that his discussions with them were very helpful. Lastly, Mr. Fetzer wished Mayor Ellis the best and stated it has been a pleasure working with her. 13.C.4. Mr. Eliopoulos Mr. Eliopoulos concurs with comments expressed by Commissioner Bernard regarding the Four Corners. Secondly, he thanked Mr. Fetzer for working with the Fire-Rescue Department on Fire Station No. 2. Mr. Eliopoulos stated he spoke to the City Manager about maybe having the Police Chief come to the Commission with regards to a Workshop to inform the Commission of what is going on. He stated one of the things they used to do prior to him is that they would have a meeting once a month and review the map of Delray and all the activity that has been occurring and trace it. Mr. Eliopoulos stated this is now down to a weekly system where once a week they review every single thing that is going on in the city and they send it off to Boca, Boynton, and the Sherriff's Department to make sure that everyone is in the loop. He stated at the last meeting the City Attorney's office presented the Commission with some information regarding the towing contract. Mr. Eliopoulos stated he did not get a chance to read it but what was unique about what was presented was not only was there clear definition to vehicles but the company that is towing the City's heavy vehicles is a separate company. He stated the company that is protesting has three separate companies and has tried to protest it with all three companies. Mr. Eliopoulos stated staff did what they were supposed to do and stands by how the bid was awarded. Lastly, Mr. Eliopoulos stated Mayor Ellis has done a great job and it has been a pleasure working with her. 13.C.5. Mayor Ellis Mayor Ellis stated it has been great working with the Commission and noted she will be here for the Special Meeting on Monday, March 23, 2009 and for the Organizational Meeting on Thursday, March 26, 2009. There being no further business, Mayor Ellis declared the meeting adjourned at 8:20 p.m. -26- 03/17/09 City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 17, 2009, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. -27- 03/17/09 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary P. Delray Beach City Com~nnission MAILING ADQRI=SS THE BOARQ, COUNCIL, COMMISSION, AUTHORITY OR COMMITTI=1= 6N 2~~ Geer a Bush BOUIeVard WHICH ]SERVE IS A UNIT OF: CITY COUNTY C€TY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33445 Palm Beach NAME OF POLITICAL SUBDIVISION: rag Beach City o€ De7 . DATE ON WHICH VOTE OCCURRED MY POSITION IS: 3/17/2004 XA~ ELECT]VE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this farm before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION '! 12.3143, FLORIDA STATUTES A person holding elective ar appointive county, municipal, or other loco[ public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain ar loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain ar loss of a business associate. Commissioners of community redevelopment agencies under Sec. 963.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stack exchange). ELECTED OFFICERS; In addition to abstaining from voting in the situations described above, you must disclose the con#lict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible far recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS; Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE CJECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM St3 - EFF. 11200D ~( ~ P ~V( • ~7p '~.~~~ -PAGE 1 ~ U t +`i` APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IFYOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MInETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the #orm in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Ga P. Elio oulos ,hereby disclose that on March 17 , 20 09 (a) A measure came or will come befare my agency which (check one) inured to my special private gain or loss; gg inured to the special gain or loss of my business associate, Kepi ~ Ela~.opoulos Architecture ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom I am retained; or inured to the special gain or Toss of ,which is the parent organization or subsidiary of a principal which has retained me. {b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: 3/17/2009 Date Filed Signatu NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUGTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 112000 PAGE 2 MARCH 23, 2009 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m., on Monday, March 23, 2009. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Woodie McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent - None Also present were - David T. Harden, City Manager Susan A. Ruby, CitS~ Attorney Chevelle D. Nubin, CitS~ Clerk Mayor Rita Ellis called the special meeting to order and announced that it had been called for the purpose of considering the following Item. SPECIAL MEETING AGENDA 1. INDEPENDENT REVIEW UPDATE: Discussion regarding the independent review of City bonding procedures, practices and communication practices. Mayor Ellis stated this is the update regarding the review of the CitS~'s bonding procedures, practices and communication practices. Mr. Fetzer introduced Larry Brown and stated he is happy to receive the report on behalf of the city. Mr. Brown stated he will summarize the report providing highlights for the Commission. He stated after a very thorough review of all of the documents that were provided to the Federal Prosecutor and additional documents provided to them upon their request, he can assure Commission that there was no evidence of any criminal violation, corruption, violation of ethics, gifts or lobbying laws in connection with the issuance of bonds within a ten year scope. He further stated they were very sensitive because of various reports they received and sensitive to make sure that there was no evidence that inside information not generally available was leaked to underwriters. Mr. Brown spoke to several high level bond counsel regarding business practicality and language in Florida Statute Chapter 218. He gave an overview of Chapter 218 regarding bidding and negotiated sales, etc. of bonds. He discussed findings/suggestions in the report; and best practices. Discussion ensued between Mr. Brown and Commission regarding the GFOA (Government Finance Officers Association) standards, financial advisor, bond counsel, RFPs for bond underwriting. The Commission reiterated their desire for the process to be transparent. In addition, there was Commission consensus regarding the need for improvement and communication between staff and Commission as well as with the residents. CitS~ Clerk ATTEST: MAYOR The undersigned is the CitS~ Clerk of the CitS~ of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the CitS~ Commission held on Monday, March 23, 2009, which Minutes were formally approved and adopted by the CitS~ Commission on CitS~ Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the CitS~ Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the Minutes as set forth above. March 23, 2009 MARCH 26, 2009 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Beach, Florida was called to order by Mayor Rita Ellis in the Commission Chambers at City Hall at 6:00 p.m. on Thursday, March 26, 2009. Roll call showed: Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Nelson S. "Woodie" McDuffie Commissioner Mackenson Bernard Mayor Rita Ellis Absent: None Also present were: David T. Harden, City Manager Brian Shutt, Assistant City Attorney Chevelle D. Nubin, CitS~ Clerk (2) The Pledge of Allegiance to the Flag was given. (3) Neighborhood Stabilization Program Application Submittal: Approve the application submittal to the Florida Department of Community Affairs for the Neighborhood Stabilization Program. Lula Butler, Community Improvement Director, presented this item and gave an overview of the Neighborhood Stabilization Program application. Commissioner Bernard asked questions regarding the chosen strategies (housing acquisition and rehabilitation and for sale as one strategy and the other is acquisition for rental properties), proceeds from selling the properties regarding strategy one, non-profits paying for some of the rehab costs since the city will donate the properties regarding strategy two, participation of other organizations, creation of jobs, and plans regarding energy efficiency. Commissioner Eliopoulos moved to approve the application submittal to the Florida Department of Community Affairs for the Neighborhood Stabilization Program, seconded by Mr. Fetzer. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. (4) Request to Extend Time for Quasi-Judicial Procedures for Atlantic Plaza II: Consider a request by Atlantic Plaza II to extend the time allowed under the City's quasi-judicial procedures to 30 minutes per presentation for the appeal of the Site Plan Review and Appearance Board's (SPRAB) approval which is scheduled to be heard by the City Commission at the Apri17, 2009 Commission meeting. Brian Shutt, Assistant City Attorney, stated the City had received a request to extend the quasi-judicial time period from the normal 20 minutes to 30 minutes for the April 7, 2009 hearing and staff supports the request. Mr. Shutt stated there will be 30 minute presentations from both the applicant and staff. Commissioner Bernard asked how many presentations will there be. Brief discussion ensued between Mr. Shutt and the Commission. Commissioner Fetzer moved to approve the extension of time under the City's quasi-judicial procedures to 30 minutes per presentation (applicant and staf~, seconded by Commissioner McDuffie. Upon roll call the Commission voted as follows: Mr. McDuffie -Yes; Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. (5) Amendment to the Agreement with Coastal Commercial Groin, LLC: Approve an Amendment to the Agreement with Coastal Commercial Group, LLC, which provides for a six month extension of the Agreement. Brian Shutt discussed the amendment and stated the extension will begin April 1, 2009. Mr. Shutt stated staff recommends that we renew this for one six month period. Commissioner Bernard moved to approve the amendment to the Coastal Commercial Group, LLC, seconded by Commissioner Eliopoulos. Upon roll call the Commission voted as follows: Mr. Bernard -Yes; Mayor Ellis -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, Mayor Rita Ellis gave her outgoing comments and was presented with a plaque by Mayor-Elect Woodie McDuffie. (6) Oath of Office administered to Newly-Elected City Commission Members. The CitS~ Clerk administered the Oath of Office to Commissioner Gary P. Eliopoulos (Seat #1), Commissioner Adam Frankel (Seat #3), Commissioner Mackenson Bernard (Seat #4) and Mayor Nelson S. "Woodie" McDuffie (Seat #5). (7) Roll Call Newly Sworn-In Commission. The CitS~ Clerk called the roll of the Commission after newly-elected City Commission Members were sworn in. 2 Annual Organizational Meeting March 26, 2009 Roll call showed: Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Mackenson Bernard Mayor Woodie McDuffie Absent: None (8) Selection of Vice-Mayor (for the term March 27, 2009 through March 25, 2010). Commissioner Fetzer moved to appoint Commissioner Eliopoulos as Vice-Mayor of the City of Delray Beach for the term March 27, 2009 through March 25, 2010, seconded by Commissioner Bernard. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Bernard- Yes; Mayor McDuffie - Yes; Commissioner Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. (9) Selection of Deputy Vice-Mayor (for the term March 27, 2009 through March 25, 2010). Commissioner Frankel moved to appoint Commissioner Bernard as Deputy Vice-Mayor of the CitS~ of Delray Beach for the term March 27, 2009 through March 25, 2010, seconded by Commissioner Fetzer. Upon roll call, the Commission voted as follows: Commissioner Frankel -Yes; Commissioner Bernard -Yes; Mayor McDuffie -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes. Said motion passed with a 5 to 0 vote. (10) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period Apri12009 through March 2010. Commissioner Eliopoulos moved to approve the CitS~ Commission Meeting dates for the period of April 2009 through March 2010, seconded by Commissioner Bernard. Upon roll call the Commission voted as follows: Commissioner Bernard -Yes; Mayor McDuffie - Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner Frankel - Yes. Said motion passed with a 5 to 0 vote. (11) Establish a date for the 2010 Goal Setting Session. Commission discussed the scheduling of the 2010 Goal Setting Session with Lyle Sumek. Commissioner Fetzer moved to approve the 2010 Goal Setting Date as Tuesday, April 20, 2010, seconded by Commissioner Eliopoulos. Upon roll call, the Commission voted as follows: Mayor McDuffie -Yes; Commissioner Eliopoulos -Yes; Commissioner Fetzer - Yes; Commissioner Frankel -Yes; Commissioner Bernard -Yes. 3 Annual Organizational Meeting March 26, 2009 Said motion passed with a 5 to 0 vote. (12) Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Eliopoulos moved to adopt the Rules of Procedure as presented, seconded by Commissioner Frankel. Upon roll call the Commission voted as follows: Commissioner Eliopoulos -Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Bernard -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. (13) Review and Adoption of Procedures for Quasi-Judicial Hearings. Commissioner Eliopoulos moved to adopt the procedures for Quasi Judicial Hearings, seconded by Commissioner Bernard. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Bernard- Yes; Mayor McDuffie -Yes; Commissioner Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. (14) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments. Commissioner Frankel discussed the liaison assignment regarding the Police and Fire Pension Board which will be reviewed by the CitS~ Attorney's office. A copy of the amended assignments is attached as part of the minutes. (15) Earth Hour -March 28, 2009 (Addendum) Mayor McDuffie read the proclamation hereby proclaiming 8:30 p.m. until 9:30 p.m. on March 28, 2009 as Earth Hour and urged all citizens to participate and assist with raising environmental awareness. (16) Commission Comments. Commissioner Fetzer congratulated Commissioner Eliopoulos, Commissioner Frankel, Commissioner Bernard and Mayor McDuffie; and stated he thinks they have a very strong team and he looks forward to working with everyone in the upcoming planning season. Commissioner Eliopoulos congratulated everyone and stated he is excited. In addition, he stated there are tough times ahead of us but he thinks this is a great group and they will do alot in the next two years. When running for election, not only do you become sharp on what the issues are with the public as a whole but you also are able to reflect on what has been accomplished over the last two years. He commented that he is encouraged by this Commission and looking forward to this challenge. 4 Annual Organizational Meeting March 26, 2009 Commissioner Frankel thanked the Commission, Mr. Harden, Susan Ruby, Chevelle D. Nubin and her staff for all of their assistance. He stated it is good to be sitting on the dais, he is excited and we will have difficult things to accomplish; but we will all work together and will get things done. Commissioner Bernard thanked the citizens for the opportunity to serve Delray Beach for one more year. He stated we have a lot of things to do in the City of Delray Beach. He informed the Commission that he was in Tallahassee yesterday and during the committee meetings, there was a proposal to decrease the millage rate to 13.5% which would hurt the City of Delray Beach if this gets passed and on the ballot. He stated we need to let our legislators and representatives know that we need to provide the essentials for Delray Beach i.e. Police and Fire services and garbage collection. He stated that he wanted to thank everyone that is on the Commission and he will miss Mayor Ellis. Assistant City Attorney Brian Shutt welcomed Commissioner Frankel and stated it was a pleasure working with Mayor Ellis. City Manager David T. Harden stated he is looking forward to working with the Commission and the session with Lyle. The Departments Heads met with Lyle Sumek on Monday. He stated it is going be challenging but we will work through it. He informed the Commission that we received an Energy Grant in the amount of X638,000 via the Economic Stimulus bill and we will put it to good use. Mayor Woodie McDuffie welcomed Commissioner Frankel and stated that it has been a great two years. We have had some tough times and it will be an even more challenging year this year. However, he is very encouraged and enthusiastic about the qualifications and dedication of everyone sitting on the dais and we will find a way to get the job done. He discussed the bill regarding the 13.5% cap on the millage rate. He stated this would be a catastrophe for local governments. He reminded everyone of the SPADY Museum Gala that will be held on Apri14, 2009 at the Delray Beach Marriott. There being no further business, the meeting was adjourned at 7:09 p.m. CitS~ Clerk ATTEST: MAYOR 5 Annual Organizational Meeting March 26, 2009 The undersigned is the CitS~ Clerk of the City of Delray Beach, Florida, and the information provided herein is the minutes of the Annual Organizational Meeting of the CitS~ Commission held on March 26, 2009, which minutes were formally approved and adopted by the City Commission on April 7.2009. CitS~ Clerk NOTE TO READER: If the minutes you have received are not completed as indicated above, this means they are not the official minutes of the CitS~ Commission. They will become official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forth above. 6 Annual Organizational Meeting March 26, 2009 MEMORANDUM TO: Ma~~or and CitS~ Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: March 27, 2009 Below is the list of CitS~ Commission Liaison assignments as amended at the March 26, 2009 Annual Organizational Meeting. BOARD Community Redevelopment AgencX 2nd & 4th Thursday at 5:30 p.m. Commission Chambers Community Land Trust 3rd Thursday at 6:00 p.m. Old School Square Library LIAISON Commissioner Eliopoulos Primary Member Commissioner Fetzer Alternate Member Commissioner Bernard Delray Beach Public Library Commissioner Fetzer 3rd Wednesday at 5:30 p.m. (normally) 2nd Floor Conference Room, Library (Meeting time is currentl~~ 6:00 p.m.; it will change back to 5:00 p.m. in the future) Delray Beach Public Schools City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Ban~~an Creek Elementary School Commissioner Frankel April 7, 2009, May 5, 2009 and June 2, 2009 @ 6:30 p.1n. in Media Center Spade Elementary School Commissioner Eliopoulos April 27, 2009 @ 4:30 p.1n. in Media Center Plumosa Elementary School Commissioner Eliopoulos April 7, 2009, May 5, 2009 and June 2, 2009 @ 6:00 p.1n. in Media Center Pine Grove Elementary School Commissioner Bernard April 7, 2009 and May 5, 2009 @ 6:30 p.1n. in Media Center Orchard View Elementary School Commissioner Fetzer ~'~` l~e~lne.r~lay of the month @ 6:00 p.1n. in Media Center Page 2 Village Academy Mayor McDuffie April 2 ~, 2009 and May ~ 9, 2009 @ 6: 75 p.1n. in Media Center Carver Middle School Commissioner Fetzer 2nd Thurr~lay of the month @ 6:00 p.1n. in Media Center Atlantic High School Commissioner Bernard Last Tue.r~lay of the month @ 7:00 p.1n. in Media Center Downtown Development Authority Mayor McDuffie 2°d Monday at 12:00 Noon Primary Member Chamber of Commerce Commissioner Eliopoulos Alternate Downtown Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Eliopoulos Alternate Member Drug Task Force Mayor McDuffie 3rd Friday at 8:30 a.m. Primary Member Chiefs Conference Room, Police Department Commissioner Fetzer Alternate Education Board Commissioner Fetzer 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, CitS~ Hall Mayor McDuffie Alternate Member General Employees Retirement Commissioner Frankel Committee Meets once every quarter Historic Preservation Board Commissioner Eliopoulos 1st and 3rd Wednesday at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Eliopoulos 4th Tuesday at 5:30 p.m. First Floor Conference Room, CitS~ Hall Police & Fire Board of Trustees Douglas Smith 3rd Wednesday from 2-4 p.m. in Assistant CitS~ Manager Training Room at Fire HQ or Police Chiefs Conference Room S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc Page 3 Public Art Advisory Board Commissioner Frankel 4th Monday at 6:00 p.m. Environmental Services Department, Administration Building 434 South Swinton Avenue Sister Cities Committee Commissioner Eliopoulos 1st Thursday at 4:30 p.m. First Floor Conference Room, CitS~ Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach Count~gue of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation/ Legislative Sub-Committee Chair Commissioner Bernard Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach CountS~. The General Membership meets once per month (normally the 4th Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4th Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Urban Administration Committee Member Mayor McDuffie Florida League of Mayors Member Metropolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staf fl (561) 243-7040 Mayor McDuffie Primary Member Commissioner Bernard Alternate Member S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc Page 4 The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3rd Thursday of the month at 9:00 a.m., 12`h floor Conference room at the Governmental Center. Technical Advisory Committee (TAC, staff subcommittee) meets on the 15T Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4`h floor Conference Room, 4E 12, West Palm Beach. Liaison to State Representatives Maria Sachs, District 86 Adam Hasner, District 87 Commissioner Frankel Commissioner Eliopoulos Liaison to State Senators Jeffery Atwater, District 25 Christopher Smith, District 29 Ted Deutch, District 30 Mayor McDuffie Commissioner Bernard Commissioner Bernard Liaison to United States Representatives Robert Wexler, District 19 Commissioner Frankel Ron Klein, District 22 Mayor McDuffie Alcee L. Hastings, District 23 Commissioner Bernard Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Frankel Primary Member Commissioner Bernard Alternate Member Paul Dorling CitS~ Staff Member The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for April 30, 2009, July 30, 2009; and October 29, 2009. The Executive Committee meets at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:ACifi Clerk\AGENDAS\AGENDA 2009\2009-2010 CITY COMMISSION LIAISON ASSIGNMENTS.doc WHEREAS, the Atlantic High School Girls Basketball Team won the Class 6A regional championship on February 21, 2009 to advance to the state semifinals; and WHEREAS, the Atlantic High School Girls Basketball Team had a successful record this season ending with twenty-five (25) wins and only eight (8) losses; and WHEREAS, the Atlantic High School Girls Basketball Team took its first trip to the state final four in school history. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend THE ATLANTIC HIGH SCHOOL GIRLS BASKETBALL TEAM: Nicole Johnson, Head Coach Lashaundra Beauchamp, Forward Sasha Bernard, Guard Tiffany Gray, Center Brea Hudson, Forward Imani Hudson, Center Olivia Osbourne, Center Myia Russell, Forward Kaneisha Saunders, Guard Jessica Sutton, Guard Simone Taylor, Forward Cartrecia Ward, Guard for their excellent performance and outstanding achievements in basketball and for bringing honor and distinction to Atlantic High School and the City of Delray Beach through their efforts. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of April, 2009. NELSON S. McDUFFIE MAYOR WHEREAS, although Equal Housing Opportunity is a right guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 41st Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all -principles upon which our nation was founded - we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2009 as FAIR HOUSING MONTH in the City of Delray Beach, Florida, and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 7th day of April, 2009. NELSON S. McDUFFIE MAYO R WHEREAS, the second full week of April has been declared "National Public Safety Telecommunicators Week" by an act of Congress in 1991; and WHEREAS, the President of the United States will issue a proclamation calling upon the people of the United States to observe that week with the appropriate ceremonies and activities; and WHEREAS, problems of crime, fire and other disasters touch and affect aII segments of our community, and if unabated, can undermine and erode both moral and economic strengths of our community; and WHEREAS, men and women are engaged in the operation of emergency response systems for the City of Delray Seach; and WHEREAS, these individuals are responsible for responding to telephone calls from the general public for police, fire, and emergency medical assistance, and for dispatching said assistance to help save the Lives and property of the citizens, business owners and visitors of our community; and WHEREAS, our Public Safety Telecommunications personnel perform daily serving the public in countless ways often without recognition by the beneficiaries of their services. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Seach, Florida, on behalf of the City Commission, do hereby proclaim April 12 -18, 2009 as: "NATIONAL PUBLIC SAFETY TELEC~MMUNICAT~RS WEEK" in the City of Delray Seach and urge aII citizens to participate in celebrating the important role of our Public Safety Telecommunications personnel. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Seach, Florida, to be affixed this 7th day of April 2009. NELSON S. McDUFFIE MAYOR J~ ~'_ k ice.., ~~~Yk'~ ~ Delray ~eac~ Fire-:Rescue Department .~~~._ 1 'M1~. TO: All Personnel ~~ DATE: 03/03/09 ~ ~`~ . ~; ~ FROM: David C. Jaatnes, Fire= escue Chief SUBJECT: National. Public Safety TclecamYnunicators 'V6'eek April 12 - l $, 2009 it is often easy to take for granted the service provided by the ~nen and women of the Police and Fire Communication Ce~~ter who are truly the first to respo~~d to a citizen's call for help. Whether it is a medical emergency in which a panicked mother or father is coached by phone to control the bleeding of their child's injury, or they instruct a family member through the steps of CPK in an attempt to revive a loved one, these professionals are truly a large part of our first responder con:~~nunity. 1n 200, Sheriff Dave Mahoney of the Dane County Sheriffi s Office wrote "All dispatchers have two constant companions; other dispatchers and stress. They depend on one and, like us, ignore the other. They are chastened by upset callers, taken for granted by the public, and criticized by the persorrnel of the organization. The rewards they get are much the sanne as ours, inexpensive and infrequent, except for the satisfaction they t~el at the end of a shift, having do~~e what they are expected to do to the best of their ability." As we celebrate the rational Public Safety "1`elccommunicators Week, April. i2 - 1$, 2009, 1 would like to be the first to recognize the dedicated men and wo~x~en of the City of Delray Beach 911 Communication Center and thank them for their contributions to the men and women of Delray Beach Fire-Rescue and the entire community . 1 encourage each member of the organization to take a minute during this week to contact the dispatch center and express your own words of praise and thanks. cc: Mr. Harden, City Manager Chief Strianese, Police Chief "Pr~epa~^ing fo~^ the wor~st......Delive~^ing the l~est,~" 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: Apri12, 2009 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ACCEPTANCE OF EASEMENT DEED AND SIDEWALK DEFERRAL/1001 HARBOR DRIVE ITEM BEFORE COMMISSION Request approval/authorization for Mayor to execute a sidewalk deferral agreement for 1001 Harbor Drive after Commission accepts an easement deed for future location of a sidewalk. BACKGROUND 1001 Harbor Drive is a single family residence located at the northwest end of the Harbor Drive cul-de- sac. The existing cul-de-sac right-of-way is insufficient to accommodate a sidewalk at this location. Therefore, the property owner is dedicating a sidewalk easement to accommodate a future sidewalk. Staff supports a sidewalk deferral at this time since there are no plans to install sidewalks along Harbor Drive. RECOMMENDATION Staff recommends approval. Prepai-ed hy: RETURN: R. Brian Shalt, Esq. City Attoa•«ey`s Office 2[~C3 N. W, 1st Avenue Delray Beach, Ploa~ida 33444 EAS~N[EN1' DEED TI-IIS Il®IDENTURI~, made this day of 200 by and between C. ~~~ ~~~.~~ ,~, with. a mailing address of ~c.~ i ~' r,€''~ ~•- _, party of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33~~, a municipal corporation in Palm Beach County, State of Florida, party of the second part: ~VITNESSETH: That the paz~y of the first part, for and in consideration of the n~ut~:~al promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell. anal release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for public pedestrian access and for the purpose of the z~aintenance of a public sidewallz with full and free right, liberty, and authority to enter upon and to maintain. such sidewalk across, through and. upon or within. the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the fuz-thez• right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion. of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, conditions and reservations of record. That the party of the first part agrees to provide far the release or sttbardination of any and all. mortgages or liens encumbering this easement. The party of the first .part also agrees to erect no building or affect any other kind of construction. or improvements upon the above-described property, atl~er than the aforementioned sidewalk. It is understood that upon completion of sidewalk construction by the party of the first part to the required standards, the party of the second part shall repair and maintain the sidewallc in conformance with its practices of maintaining public sidewalks throughout the City. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claiz:ns of all. persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered. except as provided above. Where the context of this Easement Deed. allows or permits, the same shall incl~~de the successors or assigns o'the parties. 1N WITNESS WHEREO.I~', the parties to this Easerxient Deed set their hands and seals the day and year first above written. #1: e printed or typed) WITNESS #,#~: {name printed or typed) STATE OF ~1-~~~~~ COUNTY Ol~ Q~$ t,~. x:11 PAR'I'Y Or "I'I-iE F1RST PART 'l'he foregoing instrument was acknowledged W t°C,~ t~ _f~ t`~ e~,a~ ~ ~ry~ t, l.~.(na~ne of corporation), a (State or place of incorporation) corporation, on behalf of the corporation. He/, is ~ersonall~lCnown to me _or has produced _ _ {type of identification) as identification and didldid not take an oath. - Signature of Notary Public - State of ~ [!~ ~-~~~ before me this ~ ~ day of (na~x~c of officer or agent), oi' 2 SIDE WALE( EASEh~ENT THE S~DUTHEASTERLY 7.58 FEET OF LOT E OF THE FLAT OF DELRAY ISLES ~ S RECORDED IN FLAT BOOK 24 PAGE 165 ®F THE F~UBLIC RECORi?S OF FALIV€ BEACH COlliVTY, FLORIDA DEING iVi®RE f'ARTICt`1LA#iLY ®ESCRIBED AS F®LLOWS BEGIN AT THE ~IIOST SOUTHEASTERLY CORNER ®F SAID LOT E THENCE WEST AL®NG THE SOUTH LINE (?F L®T E A DISTANCE OF 7.58 FEET THENCE NOR7"HEASTERLYALONG A LINE PARALLEL TO AND 7.58 FEET NORTHWEST OF THE SQUTIiEAST LINE OF LOT E SF+1D LINE BEING A CURIJE CONCA1fE TO THE SOUTHEAST HA1diNG A RA®Il1S OF 47.58 FEET AND A CENTRAL ANGLE ®F 941 4q'4a"' A DISTANCE ®F 9.75 FEET. TA THE EAST LINE OF SAI® LOT E THIeNCE SOUTH 8.~~4 FEET TO THE RIGHT-OF-WAY ®F HARBOR DRIVE THENCE SOUTHtd1{IwSTERLY ALONG SAIQ LINE HA~dINC A RADIUS O1+ ~q.qq FEET A CENTRAL ANGLE C]F 11 S 55`47'° A DISTANCE CAF 8q.94 FEET TO THE P®INT OF BEGiNNINts° ~ et ~~ ..~ ~~ ~~ ~~ ~~ _ _ _ __ _~ _ __ __ ~~ ~~~I ~a1 ~- p~ ~~ ~f~1~~ ~s I,t~'C D THIS IS 1V®T ~# SURVEY R~n~~x, ~3u~g~s~,` ~Ia~c. Authorization Numt3er ~8~5~~ 1 S.E. 4th Ave., Suite ~~~ Delray Beach, FI„, 33483 Phona 561-2~,3-4624 Fax .243-4869 West Palm - 735-7639 West Palm Fax 735-7641 Toli Free 1-80+?-773-5531 Fax Free ~-Soo-s54-44aa trot vafid unless seale;~ with embossed surveyors seal i hereby c rtifyy the SKETCH OF DE~CRIPTIty'~~ shown hereon meats t1~e ; inimum technical standards set tarth in Chapter 81 G17.6, Ftor'sda :r~dministra iV!/ pursuant to Section 472.027, Florida Statutes. ' prJ Harry P.L.S. Igo. 5Q89' Prepared By: RETURN TO: R. Brian Shutt, Esq. City .Attorney's ©ffice ?!1lll~T,~xT, lct DVenlia Delray Beach, Florida 33444 A~REEMEIlT F®R SIDEWALK IlVIYRO~ElliIE101TS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the City} and ~ V~ ~~ ~ (hereinafter the Owners), for the purpose of waiving the requirement of the installation of a sidewalk along ~ C~~ ~ l~ °' until such tune as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section &.1.3(C) requires the installation of a sidewalk, within the ~-~ ~c,~~ right-of way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3{D}{1){b); and, WHEREAS, in order to provide confor~axity along the street tl~~e City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. WITNESSETH Macintosh HD: Users: marcdjulien: Documents: Microso, fi Us°er ]]~ita.~ Waved Attachments: side~~alk de ferral ug~~xt(7 j. doc NOW, THEREFORE, in witness of the above and ixz consideration. of the City agreeing to waive the requirement for. the installation of a sidewalk, at this tune, for the property located at: tom' •~~ L,~. g2 ~ X62 z~S G1= a~ Lit .~ P ~ ~ ~l~ ~ ~~ ~ ~ ~- ~ ~5 1. The Qwner agrees to construct a sidewalk, at its sole cost and expense, along the 1~ v~ right-of;way abutting the subject property, within a time period that is acceptable to the City, after being requested to da so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreerxaent shall be recorded in the public records of I'ahn Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreerrient set their hands and seals this day of , 200_. ATTEST: City Clerk CITY QF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney WITNESSES: -~~,~ '~ ~. Mayor Macintosh IUD: Users: maredjufien: Documents: lYlicrosoft User L~rta:,J'aved Attachments: sidewalk deferral agmf(! f, dnc {Please type or print name) ~~ $ ~~ ~~~~ k ~ ~~a~ ~~~ ~, (Please type or print name) STATE OF ~L~ ~-l~~ ~ COUNTY OF ~~t~ .~~~e-~~ ~ BEFORE ME personally appeared ~~-~~- ~ ~-~~~~ who his] ] ~ersonall~knawn,t~,e or Chas] shave] produced [and respectively] as identification, and who executed the faregoing instrument, and acicn.owledged before me that [he] [she] [they] executed said instrument for tlae purposes expressed therein. WITNESS my hand and official seal this My commission expires: ~-~~ a~ }fit{ t ~ day of M~~c.~ 20~`~. ~~ ~ s~ ns~ store afar Public ~~ C~,~e~r~~ c-.~ S~ 6 ~ ~ ~ {Seal) `ekks~enro,~ MBCi~L~ S~Cn$}E~8 >,•~ ~' ~ P~D4ptY pu#18ic n 5t~4~ t~4 Ficscida~ M ~ ~ ~Npit ~~~ ~, 9R ~po,s Cor~y~r~,i~8kwtp~~ ~~~[ 6d33Q2/~,.,,~, ~~~k~ kl~~' O~ lfl( 19LA i~ . ag>/sidewalk deferral agreement Macintosh HD: Users:lnarcdjulien:Docoments: Microsoft User l~ita.•Saved ftttachnaents: sidewalk deferral agmt~l], doc L L r ~ O L ~ T ,J . L O O O 2` a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a ~_ L U (~ N m (~ L 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, PE, LEED AP, GISP, City Engineer Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: Apri12, 2009 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 REQUEST FOR SIDEWALK DEFERRAL/LAMAT AVENUE ITEM BEFORE COMMISSION This item is a request for a sidewalk deferral LaMat Avenue. BACKGROUND LaMat Avenue is located between Dixie Highway and US 1 just south of Linton Blvd. This deferral is for Lot 1 of the Morse-LaMat Plat, which is a re-plat of Lot 1 Morse Delray Toyota Re-Plat. There are currently no planned improvements for Lot 1 of the Morse-LaMat Plat. When improvements are proposed for Lot 1, then those improvements will include installation of a sidewalk. RECOMMENDATION Staff recommends approval. Prepared By: RETURN TO: R. Brim. Shutt, Esq. Gity ~.ttorr~ey's Office 200 N.W. 1.st Avenue Delray Beach, Florida 33444 AGItEEIa'IEl~1T F®~. SIDEWALK T1yIPRQ~EMEI~STS THIS AGREEMENT entered into this day of 200_, between the City of Delray Beach (hereinafter the Cityj and l~f~,.s'~° ~,r~s~~®r' ,~~e/~ . (hereinafter the Owners), for the purpose of waiving floe req~ircnxent of t?ie installation of a sidewalk.. along ~„~a-° ~~~ ~~~xti.l ~s~.~e?~ tirr:e as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the ~.~ ~'~rr~ right-af--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation. of a sidewalk pursuant to Land Development Regulation. Section b.1.3(D)(1){b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such tune as the City requests the Owner construct the sidewalk. S: lEng.4dnazn iSidewalk Deferrals'sidewalk deferral agnat_doc ~ WITNESSETH NOW, TI-IEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this tune, for the property located at: f 1. The Owner agrees to construct a sidewalk, at its sole cast and expense, along the ~-~ ~~y~ ~ right-of way abutting the subject property, within a tune period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 200 . ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor S: aErzgAdmin'~S`idewalk Deferradslsidewalk dejer~°al a~rnzt.dnc 2 WITNESSES: O {Please type ar print name) f.~ ;~ {Plebe type or print name) STATE OF %~ -' ) ..~ ... ~ :. ~ COUNTY OF' ~: ' ~~:, ~.~ ~ ) ~ ~ y ~ „` ~. BEFORE ME personally appeared ~.. , - 4' ~~ ~~~° ~ ~~-~' ~"~~~~ ,.~-, r~ha [is] [are] ersonall known to me or has have roduced ~~- `' ~-~ and p.W.~, Y [ ] [ ] p [ .W''".~~ •".~~_.~.~~~•" m~ ,respectively] as identification, and who executed the foregoing instrurr~ent, and. acknowledged befare rr~e that [he] [she] [they] executed said instr-tament for the agr~sidewalk dePenal agree~r~cnt S:lEng~4dminiSidewalkDeferralsisidewalkdeferralagmt.dnc ~ Q (~ (~ J 2` a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a r J ~_ C~ U (~ N m (~ L 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 31, 2009 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 FLORIDA DIVISION OF EMERGENCY MANAGEMENT AGREEMENT MODIFICATION/OLD SCHOOL SQUARE WINDOW REPLACEMENT ITEM BEFORE COMMISSION This agenda item is requesting Commission approval/authorization for the Mayor to execute an agreement modification with the State of Florida, Division of Emergency Management for the installation of 227 impact resistant glass windows in the Cornell Museum, Crest Theatre and Gymnasium buildings that comprise the Old School Square property. This agreement modification changes the requirement for the impact resistant window to be designed to handle 140 mph wind instead of the original 155 mph requirement. BACKGROUND In 2004 Delray Beach was affected by Hurricanes Frances and Jeanne. Palm Beach County was awarded funding to implement wind retrofit projects as a result of these hurricanes. The City applied for and received grant funding to replace the windows in the buildings on the Old School Square property. During the grant application process, the Federal Emergency Management Agency (FEMA) instructed the City to use 155 mph as the required wind speed for the replacement windows. Local building code only requires the design to meet 140 mph wind speed. The new windows will now be certified to meet the wind and impact standards for wind up to 140 mph. There is no cost associated with this agreement modification. FUNDING SOURCE N/A RECOMMENDATION Staff recommends approval T'µ~.-`Trr 9S ~}, ~m~, ~e .~~~ STATE OF FLORIDA CHARLIC CFtIST' March 27, 2009 Mr. Randal Krejcarek, P.E. City Engineer City of Delray Beach 100 Northwest First Avenue Delray Beach, Florida 33~~9~ W. CRAIG FUGATE Director Re: FEMA Project Numbez° 155-182-R, City of Delray Beach, Old School Square, Wind Retrofit Project Dear Mr. Krejcarek: Enclosed are four copies of the proposed modification agreement between the City of Delray Beach and the Division of Emergency Management (DEM). The official representative, as listed below, will need to sign the signature page of each modification. AlI four (4) copies of the modification should then be sent to the Tallahassee address listed below for frill execution no later than ninety (90) days after receipt of this letter. One fully executed modification will be returned to the City of Delray Beach for its files. Additional assistance is available regarding your Project on the Florida Division of Emergency Management Website: htt :/lwww.floridadisaster.or /brm/hm .htm. Please reference the heading: `Grant Management Teals Listed Selow', which contains sample documents that will provide guidance for completing requests far reiixibursezxient, reporting requirements and supporting documents containing important points, and subgrantee close-out checklists. Offcial Representatives: County: Chairman of the Board of Commissioners City: Mayor Indian Tribe: Chief or President Water Management District: Chairman Non-Profit: Chairman of the Board If there is an official that. is not listed above wile is authorized to sign the modifications for your organization, please provide a copy of the organization's resolution or charter that specifically identifies the person or position that is authorized to sign. FLORIDA RECOVERY OFFICE • DIVISION HEADQUARTERS STATELOG]STICSRESPONSEf 3& Skyline Qrive 2555 Shumard Oak 8auievard 2702 D}rectors Row Lake Mary, FL 32746-5201 Ta}lahassee, FL 32399-210a Or€ando, FL 32808-5631 Tel: 850-A13-9959 Fax: 850-488-1016 wvrw.Floridanisaster,or~c Mr. Randal Krej carek March 27, 2009 Page Two If you Dave questions regarding this nsodif~catinn nr who is authorized to sign it, please call Nicole Ricker at (407) 268-8613 and Denise Gerstner at (407) 268-8622. RespeetfiiIly, Miles E. Anderson, State Hazard Mitigation ~ff~cer 1~ -Bureau of Recovexy and Mitigation Mitigation Section MEA/nr/dg/lt Enclosures Agreement Number: D9HM-12-ID-CD-02-DD3 Contract Number: 1545-1 S 2-R MODIFICATI®N T~ SUBGRANT AGREEMENT BE'~WEEN THE DIVISION OF EMERGENCY MANAGEMENT AND THE CITY OF DEI.RAY BEACH This Modification. Number One is made and ez~.tered into by and between the State of Florida, Division of Emergency Management ("the DEM"), and the City of Delray Beach ("Recipient") to modify DEM Contract Number: 09HM-12-1D-60-02-0D3, dated October 20, 2DD8 ("the Agreement"). WHEREAS, the Division and the Recipient have entered into the Agreexraent, pursuant to which the Division has provided a subgrant to Recipient under the Hazard Mitigation Grants program of $498,471.DD; and WHEREAS, the Division and the Recipient desire to modify the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: The Scope of Woxk, Attachment A to the Agreement, is hereby modified as set forth in Revised Attachment A to this Modification, which is attached hereto and incorporated herein by reference. Z. All provisions of the Agreement being modified and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective as of the date of the last execution of this Modification by bath parties. 3. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set nut below. RECIPIEN'T': THE CITY OF DEI.RAY DIVISION ®F EMERGENCY Iv[ANAGEMENT BEACH By: Name and Title: By: Name and Title: W. Craig Fugate, Director Bate: Date: Revised Afifiachmer<fi A Budget and Scope of Work Scope of Work As a Hazard Mitigation Grant Program project, the Recipient, the City of Delray Beach, shall wind retrofit the Old School Square located at 51 North Swinton Avenue, Delray Beach, Florida 33444, by purchasing and installing impact resistant glass on three structures, two hundred twenty seven (227) windows. The components used for this wind retrofit will be done in strict compliance with the Florida Building Code: Glazing in buildings sha11 be impact resisfant or protected with an impact resistant covering meeting the requirements of SSTD 12, ASTM E 9886 and ASTM E 9996, ANSI/DASMA 975 (for garage doors and rolling chars) or Miami-Dade TAS 209, 202 and 203 ar AAMA 506 referenced therein as follows: a} Glazed openings located within 30 feet {9.9 m} of grade shall meet the requirements of the Large Missile Test. b} Glazed openings located more than 30 feef (9.9 m} above grade shall meet fhe provisions of the Sma11 Missile Test. c} Louvers protecting intake and exhaust ventilation ducts not assumed to be open that are located within 30 feef (9944 mm} of grade shall meet requirements of the Large Missile Test. Impact-resistanf coverings shall be tested at 1.5 times the design pressure {positive or negative} expressed in pounds per square feef as determined by the Florida Building Code, Building Section 9609 for which the specimen is to be tested. All materials will be certified to meet the wind and impact standards for wind up to 140 mph. The local municipal or county building departrr~ent will inspect and certify installation according to the manufacture's specification, and ensure that the above referenced standards have been met. This is FEMA project 1545-182-Ft, funded under 1545-DR-FL. The Period of Performance far this project ends on June 10, 2011. Schedule of Work State Contracting: 6 Months 1 D Days Design: 1 Month Prepare Bid Documents: 0 Months 10 Days Bid Project: 1 Month )=valuation Bids: D Months 5 Days Award Contract: 0 Months 15 Days Materials Fabrication: 4 Months Canstructionllnstaliation: fi Months 10 Days Final lnspec#ion: 0 Month 5 Days Project Close-out: D Months 15 Days Unpredictable Weather: 6 Months 10 Days State Final Ins action & Closeout: 6 Months 1 D Days Tofial Period of Performance: 33 Months The materials and work funded pursuant to fhis Subgranf Agreement are intended fo decrease the vulnerability of the building to property losses and are specifically not intended fo provide for the safety of inhabitants before, during or after a natural or man made disaster. The funding provided by fhe Division of Emergency Managemenf (DEM) under fhis subgrant is only infended to pay far fhe materials and labor for the installation of storm shutters and/ar other hardening activifies as a retrofif measure far the Recipient's building to reduce and/or mitigate the damage that might atheruvise occur from severe weather or other hazards. The funding of this project by the Division in na way confers or implies any warranty of ~. 4 use or suitability for the modifications made or installed. The State of Florida disclaims all warranties with regard to this mitigation project, express ar implied, including but not limited to, any implied warranties and/ar conditions of satisfactory quality and fifness for a particular purpose, merchantability, ar merchantable quality. This project has not been evaluated as meeting the standards of the L7epartment of 1°lameland Security, Federal Emergency Management Agency (FEMA) as outlined in the guidance manual, FEMA 361-Design and Construction for Communify Shelter. !t is understood and agreed by the Division and the Recipient that the building has vulnerabilities due to age, design and location which may result in damage to the building even after the installafion of the mitigation measures funded under this Subgrant Agreement. It is furfher understood and agreed by the Division and the Recipient that this mitigation project is not intended to make the building useable as a shelter for the Recipient's staff or any other citizens in the event of any nature! or man-made disaster. Btadc~ef Line Item Bud et* Project Gost Faders[ Share Local Share Impact Resistance W9ndows: $604,796.00 $453,597.D0 $151,199.DD Prepared Bid Package (ln-kind): $ 5,006.00 $ 3,754.OD $ 1,251.OD Pre-Bid Meeting (ln-kind}: $ 125.00 $ 94.OD $ 31.D0 Bid Opening {ln-kind): $ 42.00 $ 32.OD $ 11.00 Evaluate Bids & Recommendation (ln-Kind}: $ 1,669.00 $ 1,252.00 $ 417.00 Contract Award {ln-kind): $ 83.00 $ 62.00 $ 21.00 Project Management {In-kind): $ 8,344.00 $ 6,258.DD $ 2,086.D0 Cost of Bonds: $ 15,200.00 $ 11,400.00 $ 3,800.00 Field Testing Costs: $ 12,100.00 $ 9,075.00 $ 3,025.00 Sub-Total: $547,365.00 $485,524.00 $161,841.fl0 Administrative Cost: 0.00 ~ 12,947.00 $ _ 4.00 Total: $647,365.00 $498,471.DD $161,841.D0 Any line item amount in this Budget may be increased or decreased 10% or less without an amendmenf to fhis Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. Funding Sumrr-ary Federal Share: Local Share: Total Project Cost $4$5,524.00 (75%} $647,365.00 (100%} Recipient Administrative Allowance up to $12,947.00. 15 O -~ L V =a a° ~= ~ M r' Y° _ OHO ~o ~- oLL - a W /H V ~ ~_ C~ U (~ N m (~ L rn 0 0 N MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan Ruby, City Attorney DATE: March 25, 2009 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 INTERLOCAL AGREEMENT/CRA/FUNDING THE FORECLOSURE PROGRAM ITEM BEFORE COMMISSION Interlocal Agreement between the City and the CRA for Funding their Foreclosure Program in Partnership with the City's Neighborhood Stabilization Program. BACKGROUND In late 2008, Congress enacted the Housing and Economic Recovery Act of 2008. The grant program under Title III of this Act is the Neighborhood Stabilization Program ("NSP"). The Florida Department of Community Affairs ("DCA") received $91.14 million for the program. The City is eligible for $1,905,005 of these funds. Administrative costs are eligible for ten percent (10%) of the funds. The program is restricted to "bank-owned" properties (REO) and the NSP application cycle began February 20, 2009 and ends on Apri16, 2009. Rather than the CRA setting up its own program, CRA and City staff met to discuss how a joint program could be structured that would leverage four hundred thousand dollars ($400,000.00) of CRA funds and allow the City to begin implementation of the foreclosure program while the City is still in the NSP application process. The attached Interlocal Agreement allows for the expenditure of CRA funds for the acquisition, rehabilitation and disposition of REO "bank-owned" properties, and/or properties that are in the foreclosure process, located within the City's Community Redevelopment Area pursuant to the City's Neighborhood Stabilization Program. CRA funds may be used for property acquisition, rehabilitation, real estate commissions, developers fees, appraisals, legal fees, and other associated costs. Homes acquired with CRA funds are to be sold to income eligible households pursuant to NSP program guidelines. All properties to be acquired with CRA funds shall require prior written approval of the CRA Executive Director. The disposition of all properties acquired with CRA funds shall also require prior written approval of the CRA Board of Directors. Proceeds from the sale of homes acquired with CRA funds shall be deposited in the "CRA Fund Account" and may be used on a revolving basis until the expiration of this Agreement, at which time, all remaining monies in the "CRA Fund Account" shall be paid to the CRA. The City shall provide a detailed financial report to the CRA on a quarterly basis including a list of all expenditures made with the funds provided by the CRA. RECOMMENDATION The City Staff recommends approval. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING THE FORECLOSURE PROGRAM IN PARTNERSHIP WITH THE CITY'S NEIGHBORHOOD STABILIZATION PROGRAM THIS AGREEMENT is made and entered into this day of , 2009, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the "City", and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes, hereinafter referred to as the "CRA". WITNESSETH: WHEREAS, CRA has budgeted funding in the amount of Four Hundred Thousand ($400,000.00) for the acquisition, rehabilitation, and disposition of foreclosed homes; and WHEREAS, the City is eligible for One Million Nine Hundred Five Thousand Dollars ($1,905,000.00) through the Neighborhood Stabilization Program to be used for the acquisition, rehabilitation, and disposition of foreclosed homes; and WHEREAS, the expenditure of public funds for the acquisition, rehabilitation, and disposition of foreclosed homes within the Community Redevelopment Area is consistent with the CRA's powers pursuant to Section 163.370, Florida Statutes, and the CRA's Redevelopment Plan; and WHEREAS, the City and the CRA desire to combine their funds for maximum impact on the community, with the City or its designated agent to be responsible for finding, acquiring, rehabilitating and disposing of foreclosed properties within the City of Delray Beach; and WHEREAS, the CRA and the CITY find that the use of funds to acquire, rehabilitate, and dispose of foreclosed homes within the City of Delray Beach will serve a municipal and public purpose, is in the best interest of the health, safety, and welfare of the citizens, businesses, and residents of the City of Delray Beach, and is consistent with the CRA's Redevelopment Plan. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. Funding for Foreclosure Program/Neighborhood Stabilization Program. The CRA shall provide funding, in an amount not to exceed Four Hundred Thousand Dollars ($400,000.00), (the "Funds") for the acquisition, rehabilitation and disposition of REO "bank owned" properties, and/or properties that are in the foreclosure process, located within the City's Community Redevelopment Area pursuant to the City's Neighborhood Stabilization Program (the "Program"). The CRA shall provide the Funds to the City no later than ten (10) days of the effective date of this Agreement. The City shall utilize the Funds in conjunction with the City's Neighborhood Stabilization Program ("NSP") funds that are received by the City from the Florida Department of Community Affairs ("DCA"). The City shall ensure that the Funds provided by the CRA to the City are maintained in a separate bank account ("CRA Fund Account") from any other City funds. CRA funds may be used for property acquisition, rehabilitation, real estate commissions, developers fees, appraisals, legal fees, and other associated costs. Homes acquired with CRA funds are to be sold to income eligible households pursuant to NSP program guidelines. Proceeds from the sale of homes acquired with CRA funds shall be deposited in the "CRA Fund Account" and may be used on a revolving basis until the 2 expiration of this Agreement, at which time, all remaining monies in all the "CRA Fund Account" shall be paid to the CRA. 3. City's obligations under Foreclosure Program/Neighborhood Stabilization Program. The City, or its agent, shall handle all of the following elements of the Program: 1) Identifying eligible properties; 2) Negotiating prices ; 3) Acquiring properties; 4) Obtaining all appraisals, inspections, environmentals, and surveys; 5) Performing/coordinating work write-up/repairs; 6) Performing/coordinating on-going maintenance; and 7) Identifying potential first time homebuyers, marketing properties, paying all developers fees and seller's closing costs. 4. Design and Construction. The design and construction of rehabilitation work on homes purchased with CRA funds are subject to the review and consultation of the CRA's Executive Director, or her designee. However, if any disputes arise regarding design or construction, the City shall make the final determination with regard to the design and construction appropriate in any given case. 5. CRA Approvals. All properties to be acquired with CRA funds shall require prior written approval of the CRA Executive Director or his/her designee. The disposition of all properties acquired with CRA funds shall also require prior written approval of the CRA Board of Directors. 3 6. Reporting. The City shall provide a detailed financial report to the CRA on a quarterly basis including a list of all expenditures made with the Funds provided by the CRA. Quarterly reports shall include a written summary of program accomplishments, copies of bank statements detailing deposits and withdrawals, invoices from contractors and service providers, and any other financial documentation requested by CRA staff to verify expenditures. The first report shall be due to the CRA ninety (90) days following the CRA's transfer of the Funds to the City, and each subsequent report shall be due ninety (90) days from the submission of the previous report. 7. Publication. The CRA shall be mentioned in all publications and advertising for homes purchased and/or rehabilitated with the Funds provided by the CRA. The use of the CRA logo is permissible, but all signs or other advertising materials used to publicize CRA funded activities must be approved by the CRA prior to being posted, or utilized. Upon request by the CRA, City shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 8. Severability. The invalidity of any portion, article, paragraph, provision, clause, or any portion thereof of this contract shall have no effect upon the validity of any other part or portion hereof. 9. Venue. To the extent allowed by law, the venue for any action arising from this contract shall be in Palm Beach County, Florida. 10. Governing laws. This contract shall be governed by and in accordance with the laws of the State of Florida. 4 11. Assignment. Neither the City, nor the CRA, shall assign, convey or transfer any rights or interest in this Agreement without the written consent of the other. 12. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 13. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 14. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 15. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 16. Term. This Agreement shall be valid upon full execution by both parties and shall remain valid for two (2) years from the date of execution of the Agreement. This Agreement maybe extended by consent of both parties in writing. 5 ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA By: Woodie McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Frank Wheat, Chair The foregoing instrument was acknowledged before me this day of 2009, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida H:\2006\060018 DBCRA\AGMT 2009\ILA with CRA for Funding the Foreclosure Program-REV2.doc 6 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 GRANT APPLICATION/EDWARD BYRNE MEMORIAL .TAG FOR FY 2009 ITEM BEFORE COMMISSION The Police Department seeks Commission approval to submit an application for funding through the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of $289,582. BACKGROUND Funding is available based on a formula allocation. This is a renewal of a grant we have received for the last several years, and there is no match requirement. Previously, funds were requested to support the Holiday Robbery Task Force, which reduces crime during the Holiday season. This year, sufficient funding is available to support several projects. The Department is requesting funding to continue to support the 2009 Holiday Robbery Task Force, purchase police vehicles, and repair/reconfigure a donated driving simulator (see attached application draft). The grant application has not yet been posted. Therefore, this draft represents a summary of the program parameters. The details of the application could change slightly, but the project scope would not. The proposal is being brought to Commission at this stage in order to meet the grant requirements of a 30 day public notice period. FUNDING SOURCE If awarded, funding would be granted through the Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) Program. No match is required. RECOMMENDATION The Department recommends Commission approve submission of this draft grant application. Edward Byrne Memorial Justice Assistance Grant 2009 Delray Beach Police Department Program Narrative The City of Delray Beach has been provided with an allocation of $289,582 in funding through the Recovery Act Edward Byrne Memorial Justice Assistance (JAG) Program. These funds may be used for enhancing existing or initiating new law enforcement programs. The Delray Beach Police Department proposes the following program activities to utilize this funding. Program #1: HOLIDAY ROBBERY TASK FORCE The Delrav Beach Police Department's Holidav Robberv Task Force has been operational since 1997. This Task Force runs from Thanksgiving through the New Year, each year, and provides a saturation of patrol units in all shopping centers within the City of Delray Beach. The Police Department provides a high profile visibility, utilizing approximately 100 different officers throughout the holiday season. During the course of the program in 2008, one thousand, two hundred, twenty nine and a half (1,229.5) hours and $72,110.00 were spent on this program. As a result of the Holiday Robbery Task Force, during the 2008 holiday season, the number of incidents involving thefts or other serious crimes diminished in the targeted areas. The areas that the Robbery Task Force units were deployed to was as follows: Delray Crossings Plaza (anchor store -Target), Walmart /Murphy Oil, Delray Square (anchor store -Big Lots), Boca Delray Plaza (anchor store - Poppies Restaurant), Delray West Plaza (anchor store -Bed, Bath, and Beyond), Pines West Plaza (anchor store -Gold's Gym), Plaza Delray (anchor store - Publix, Regal Cinemas), Downtown Delray (Atlantic Avenue from Swinton Avenue to the International Coastal Waterway). The projected cost to continue the Holiday Robbery Task Force for 2009 is $76,042.00. Program #2: POLICE VEHICLES The Delray Beach Police Department is in need of six (6) police vehicles. We are currently seeking funding from the COPS grant to include six (6) officer positions, which were cut due to budget constraints. In order to comply with the Department's vehicle policy, six (6) additional vehicles must be added to the fleet to accommodate the six (6) additional officers. These vehicles, fully equipped, shall include the following: alight bar, interior light package, cage, rear seat, push bar, window tint, printer, flashlight, all computer equipment, and graphics. The price of each of these vehicles is $33,090.00, with the total price for the necessary six (6) vehicles being $198,540.00. Program #3: DRIVING SIMULATORS Two driving simulators were donated to the Delray Beach Police Department. These simulators will enhance the driving skills of our officers, improve training, and limit the agency's liability. In order to get these simulators up and running, the cost will be $15,000.00. This price will cover a technician to come in to the Delray Beach Police Department's Seacrest Training Facility, stay onsite for three (3) days, move one (1) simulator to its necessary location, work on both simulators in attempt to make them both functional, and provide necessary training to run the simulators effectively. Each simulator needs to be wired and the components need to be re-configured. Conclusion: The JAG 2009 Grant Application is scheduled to be on the Delray Beach City Commission agenda on 4/7/09. Commission meetings are open to the public and a public comment period is provided. Additionally, on or about 4/7/09, the grant will be posted to the City web-site for public review. The total amount of requested funding is $289,582.00. These projects will greatly enhance our Department's ability to protect and serve our citizens. Consideration of this request is greatly appreciated. Edward Byrne Memorial Justice Assistance Grant 2009 Delray Beach Police Department Budget Narrative Program #1: HOLIDAY ROBBERY TASK FORCE Costs for Overtime and FICA: $76,042.00 Program #2: POLICE VEHICLES Costs for Fully Equipped Police Vehicle: $33,090.00 per vehicle, totaling $198,540.00 Program #3: DRIVING SIMULATORS Costs for Connecting Components of Driving Simulator: $15,000.00 Total Project Request: $289.582.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Maria Marino-Bollan, Accreditation Manager Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 GRANT APPLICATION/DEPARTMENT OF .TUSTICE/COPS HIRING RECOVERY PROGRAM (CHRPI ITEM BEFORE COMMISSION The Department plans to make application to the Department of Justice for Federal stimulus money to fund six (6) sworn officer positions. BACKGROUND On March 11th, President Obama signed into law the Omnibus Appropriations Act, 2009, which provides funding this year for the COPS Office. This funding is in addition to the $1 billion that was recently appropriated for the COPS Hiring Recovery Program (CHRP) under the American Recovery and Reinvestment Act of 2009. In total, COPS received $550 million for FY 2009. This includes funding positions for current and/or enhanced Community Policing initiatives. The Department is requesting six (6) sworn officer positions to continue with, and enhance, its ongoing mission to maintain community partnerships, problem-solving efforts, and organizational transformation. These positions were unfunded in the current fiscal year 08-09 and are expected to remain unfunded in the upcoming year. This grant will allocate monies for these positions for a period of three years, and the Department will be requesting a total of $1,360,164.00. There is no matching funds requirement; however, the City must agree to fund these positions for at least twelve (12) months after the grant expires. Pending the award from Department of Justice, funding is expected for fiscal year beginning October 1, 2009, through September 30, 2012. RECOMMENDATION The Police Department recommends approval of the attached COPS grant application. 2009 COPS Grant Application narrative: Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. Collaborative partnerships between the law enforcement agency and the individuals and organizations they serve to develop solutions to problems and increase trust in police. In the spirit of partnership efforts, the Delray Beach Police Department currently has, and plans to expand/enhance its community partnerships under this grant. Sworn officers are selected through a recruitment process to fill positions which have been created to partner with local businesses, non-profit and other community organizations for the purposes of ensuring the distribution of relevant crime and disorder information to community members; to identify and prioritize neighborhood problems; and to deliver public services. Of the many partnerships which are currently in place, and would not be able to continue or expand without funding, are: The Coalition for Community Renewal's Offender Re-entry Program; various Citizen Police Academies (which include academies for the local Haitian and Senior communities); Gang, Auto Theft, and Violent Crime Task Forces to combat offenses; Downtown Delray Beach's Clean and Safe program to ensure a safe downtown for its residents and visitors; employee volunteers on the Boards of the local Drug Abuse Foundation and South County Mental Health Center; and regular participation in Law Enforcement Crime Prevention Night-Out events. Without needed funding, the Delray Beach Police Department would be unable to support these needed officer positions and solely assign available positions to traditional, road patrol functions. The Delray Beach Police Department wishes to continue/expand its collaborative partnerships between it and the individuals and organizations they serve by funding these six (6) unbudgeted sworn positions. Community policing includes the process of engaging in the proactive and systematic examination of identified problems to develop effective responses that are evaluated rigorously. In the spirit of these problem-solving efforts, the Delray Beach Police Department currently has, and plans to expand/enhance, its SARA initiatives under this grant. The Department's philosophy is that problem-solving efforts are integral to the success of community patrol's ability to address community issues through scanning the environment to identify and prioritize problems; analyze them to develop an understanding of the dynamics of the problem; respond to them by implementing strategies to address an identified problem; and assess the initiatives using the crime triangle to focus on immediate conditions (victim/offender/location). The Delray Beach Police Department currently uses problem-solving as an agency-wide initiative and would like to expand/enhance programs under this grant which aid in its problem-solving efforts such as: creating and facilitating more citizen-based Crime Watch meetings; expanding the Department's Community Response Task Force activities in high-risk neighborhoods; increase the number of participants at the Annual Youth Crime Prevention Summit; increase the number of participants in the Police Explorers Program; creating and facilitating more Neighborhood Watch Groups, and Gang-prevention initiatives. As previously mentioned, the Delray Beach Police Department wishes to continue/expand its problem-solving initiatives between it and the individuals and organizations they serve to develop solutions to problems and increase trust in police. The Department feels that it can most effectively accomplish this by funding these six (6) unbudgeted sworn positions. The alignment of organizational management, structure, personnel, and information systems to support community partnerships and proactive problem- solving is integral to the success of the Community Policing philosophy. The Delray Beach Police Department currently has, and plans to expand/enhance, its organizational transformation under this grant. The Department's mission statement, organizational values, goals and objectives, and strategic plan all include working with the community to achieve organizational success through its leadership, labor relations, decision-making, strategic planning policies, organizational evaluations, and transparency. Currently, the Department's Road Patrol division is called Community Patrol, and officers are annually evaluated according to the community policing and community involvement philosophies of participating in civic organizations and mentoring youth outreach programs such as Kids and Cops, the Boys and Girls Club, and the City's local Teen Center. Officers and detectives are geographically assigned to city-wide "grids" in order to establish familiarity between them and residents for more effective relationships to proactively combat crime. The Department's hiring and promotional requirements include familiarization with the agency's community policing philosophy. The Department would like to expand its technological opportunities to have electronic availability through Twitter, Facebook, and MySpace in an effort to brand law enforcement through social media. The Delray Beach Police Department wishes to continue/expand its efforts of organizational success this by funding these six (6) unbudgeted sworn positions. Without funding for these six (6) unbudgeted sworn positions, the Delray Beach Police Department would be unable to continue these partnerships, enhance its problem-solving capabilities, and ensure its on-going organizational transformation. In an effort to comply with budget shortfalls, existing, funded positions would have to be re-assigned to traditional policing roles. This could undermine the Department's established, and potential to expand, community policing efforts which have been met with success and improved quality of life. ~7 ~ •- .. ~~~ ~~ ~ r~ ~ ~ -_ . . ~ o ~i~ "',.~ ,~_ ,~ . ,~ ~~ I~ ~~ °~ - J ~ - l - .. __~ .. .... ~ i Ott' l _...~ .~ . ~ .._ ~ ,. . _ - ~ -~ v - - - - - -~ -~__o _~~_ ~~ i _~ - ~~~ ~~~ ~~~ ~ - ~ ~~ ti V 1~,' SF-424 Page 1 of 2 I-lirin ec®ver r®grarr~ (C ) ~ g Y Application for Federal Assistance SF-424 21. 'By signing this application, I certify (1) to the statements contained in the list of certifications"' and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances"' and agree to comply with any resulting terms if I accept an award. I am aware that any false, fiditious, or fraudulent statements or claims may subjed me to criminal, dvil, or administrative penalties. (U. S. Code, Title 218, Sedion 1001) By disking this box and typing my name below, I also certify that I have been legally and officially authorized by the appropriate governing bady to submit this application and ad on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, 1 certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. ~ *'I AGREE '"The certifrcations and assurances as welt as grant terms and conditions can be found at the end of the application 'First Maria Prefix: Name: Middle Name: C 'Last Name: Marino-Bollan Suffix: 'Title: Accreditation Manager *Telephone Number: 561-243-7848 'Email: Marino@ci.delray-beach. 'Signature of Maria C. Marino-Bollan Authorized Representative: 'Applicant Federal Debt Delinquency Explanation Fax 561-243-7816 Number. 'Date 03/30/2009 Signed: The following should contain an explanation if the Applicant organization is delinquent of any Federal Debt. J https://www.cops.usdoj.gov/chtp/SF424-7.aspx 3/31 /2009 COPS Hiring Recovery Program (CHRP) Page 1 of 3 COPS Fairing Recovery Program (CHRP) E Attachment to SF-424 Instructions: OMB Number: 1103-0098 Expiration Date: 09/30/2009 The COPS Hiring Recovery Program (CHRP) is a competitive grant program that provides funding directly to law enforcement agencies hs primary law enforcement authority to create and preserve jobs and to increase their community paliang capacity and crime-prevention effc funding is available to hire full-time career law enforcement officers. There is no local matching requirement, but grant funding will be base agency's current entry-level salaries and benefits for swom officer positions. Any additional costs for higher salaries and benefits for positi~ under the CHRP grant must be paid for by the grantee agency. In preparing your agency's grant application, please be advised that grantees are prohibited from reducing state, local, or tribal funding for officer positions as a direct result of applying for and/or receiving this CHRP grant. Instead, this program is intended to supplement the am state, local, or tribal funding that your agency would otherwise be able to budget for swom officer positions. In addition, at the conclusion of federal funding, grantees must retain all swom officer positions awarded under the CHRP grant. The retair funded positions should be added to your agency's law enforcement budget with state and/or local funds, over and above the number of Ic swom officer positions that would have existed in the absence of the grant. To the extent possible, all data should come from a publicly verifiable source, and documentation may be requested by the COPS Office. information will be used to evaluate your jurisdiction's need for federal assistance to address its public safety needs and to preserve and c Section 1: EXECUTIVE INFORMATION Note: Listing individuals without ultimate programmatic and frnancial authority for the grant could delay the review of your application, or remove your application from consideration. A. Applicant ORI Number: FL05004 B. `Applicant DUNS Number: A Data Universal Numbering System (DUNS) number is required. A DUNS number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of entities receiving federa! funds. For more information about how to obtain a DUNS number, please refer to the Now to Apply section of the COPS Application Guide. C. 'Central Contractor Registration (CCR) All applicants are required to maintain current registrations in the Central Contractor Registration (CCR) database. The CCR database is the repository for standard information about federal financial assistance applicants, recipients, and sub-recipients. For more information about how to register with the CCR, please refer to the How to Apply section of the COPS Application Guide. Please note that applicants must update or renew their CCR at least once per year to maintain an alive status. Does your agency have an active registration with the Central Contractor Registry? Yes C: No ~' If no, will your agency agree to have an active registration with the Central Contractor Registry before any COPS grant funding is awarded? Yes ~' No ~' https://www.cops.usdoj.gov/chrp/Sectionl .aspx 3/31/2009 ~~ . -~- - ^ .: ~-- ~: ~~. ., r ?rte ~ 561-243-7199 . ^., ~.~. ~ I - - - - ~ ~ . ~ :~ 'i "- C~ k .~~. ~ R _ ~ P ... . •5 _. .:: .. _ _ - _ - ..-.. ~ - _... ._. _.. ..._ ~-. __.... .. ~_.., r-. _.. _ - - ... .._ - ...... ..._. ._ v . _. - _ ~,_,~ .. .. co. ._ ~ . .. _.. _ ~. l ~- { ~~ - .. .... ..... .. ... .f .._.._.. .... .. .. _ ... __..._ _ .... ...... .. ... _..._ ..._ ~..._. ~® COPS Hiring Recovery Program (CHRP) *How many of the positions do you anticipate will be: Page 2 of 3 a. To hire new, additional officer positions (including to fill existing vacancies that are no longer funded in your agency's budget)? 6 b. To rehire officers who have already been laid off (at the time of application) as a result of state, local, or tribal budget reductions? 0 c. To rehire officers who are (at the time of application) currently scheduled to be laid off on a specific future date as a result of state, local, or tribal budget reductions? 0 (# Positions) Date of the scheduled lay-off for these officers If your agency has planned multiple future !ay-off dates, please use the additional space below: {# Positions} ~- Date of the scheduled lay-off for these officers ~- (# Positions) Date of the scheduled lay-off for these officers SSpecia! Reminder for Rehired Officers: The CHRP program awards funding based on your agency's entry-/eve! salary and benefit package. Any additional (higher than entry-level) salary and benefits expenses for rehired officers must be paid by your agency. Certiticatlon Reg_ardina Scheduled Lay-Offs: If your agency plans to use CHRP funds to rehire officers who are currently scheduled to be laid off on a future date (under category c above), please certify (by checking the appropriate boxes) to the following: *Certification: ~ My agency has and will maintain documentation showing the date(s) of the scheduled lay-off(s) and demonstrating that the scheduled lay-off(s} islare occurring for fiscal reasons that are unrelated to the availability or receipt of CHRP grant funds (as described above). r My agency will use its own funds to continue funding these officers until the scheduled dates} of the lay-off{s) and will use CHRP funds to rehire these officers only on or after the scheduled date of the lay-off(s). ~ My agency recognizes that the CHRP program provides funding based on our entry-level salary and benefits package and that any additional costs for rehired officers beyond entry-level are our responsibility to pay with other sources of funding. If an applicant receives an award, and after receiving the awards needs to change the hiring categories, it must request apost-award grant modification to change the categories of hiring and receive prior approval before spending CHRP funding by calling the COPS Response Center at 1-800-421-6770. The American Recovery and Reinvestment Act (Recovery Act) requires grantees to report their financial and programmatic progress within 10 days after the end of each calendar quarter. The Recovery Act reporting requirements are in addition to quarterly financial status report and quarterly programmatic progress report requirements. The COPS Office plans to request information from grantees consistent with Section 1512 of the Recovery Act, including collecting information an the number of new jobs created and the number of jobs preserved using CHRP funding. Awarded agencies wilt be required to submit information in a timely manner as a condition of the award. The COPS Office is then required to post data from grantee reports to Recovery.gov. Please be advised that the submission of programmatic and https://www.cops.usdoj.gov/chip/Section3.aspx 3/31/2009 COPS Hiring Recovery Program (CHRP) Page 1 of 3 COPS kiring Recovery Program (CHRP) I Attachment to SF-424 Section 4: NEED FOR FEDERAL ASSISTANCE 1) 'Enter your law enforcement agencytotal operating. budget for the current AND previous two fiscal years. CURRENT FISCAL YEAR (2009) $ 26867620 PREVIOUS FISCAL YEAR (2008) $ 26810389 PREVIOUS FISCAL YEAR (2007) $ 25865901 2) 'Enter the totaJurisdicti_onal (city, county, state, tribal) operating budget for the current AND previous iwo fiscal years. CURRENT FISCAL YEAR (2009) $ 179470980 PREVIOUS FISCAL YEAR (2008) $186442804 PREVIOUS FISCAL YEAR (2007) $ 188023777 3) 'Enter the t_ota~urisdictional (city, county, slate, tribal) locally generated revenues for the current AND previous two fiscal years. Locally generated revenues may include locally generated property taxes, safes taxes and other taxes and revenue souses (for example, transportation taxes, transient lodging taxes, licensing fees, other non property taxes and franchise taxes). CURRENT FISCAL YEAR (2009) $ 63731502 PREVIOUS FISCAL YEAR (2008) $ 97038155 PREVIOUS FISCAL YEAR (2007) $ 101338503 4) 'Enter the total jurisdictional (city, county, state, tribal) general fund balance for the current and previous two fiscal years CURRENT FISCAL YEAR (2009) $ 33888810 PREVIOUS FISCAL YEAR (2008) $ 22922676 PREVIOUS FISCAL YEAR (2007) $ 23386175 5) 'Since Januay 1 _2008, what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced through lay-offs: Civilian Law Enforcement Agency Personnel 0 % Swom Law Enforcement Agency Personnel 0 % Other Govemment Agency Personnel 0 6) 'Since Januar ~ 9,_2008, what percentages of the following employees in your jurisdiction {aty, county, state, tribal) have been reduced through furloughs that have lasted or are scheduled to last a minimum of forty hours per person over the course of a fiscal year: Civilian Law Enforcement Agency Personnel 0 % Swom Law Enforcement Agency Personnel 0 % Other Govemment Agency Personnel 0 % 7) 'Since January 9._2008 what percentages of the following employees in your jurisdiction (city, county, state, tribal) have been reduced du to offiaal policies that limit your jurisdiction's ability to fill vacanaes (i.e. hiring freezes): https://www.cops.usdoj.gov/chrp/Section4.aspx 3/31/2009 r r..~ - - ~I^^Y -_ - a P~~~! ~ try ^ i.. r---~ ~_ --•. - '~ -~..~ i .. _~ . ~• ~. !~_ _~i . i ^ COPS Hiring Recovery Program (CHRP) 'Pv~ Regulariy collaborates with local businesses. r does not currently do, and has no plans to implement under this grant r does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant ~ currently does, and plans to expand/enhance under this grant "P6) Regulariy collaborates with informal neighborhood groups and resident associations. (' does not currently do, and has no plans to implement under this grant r does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant r currently does, and plans to expand/enhance under this grant Problem Solving Page 2 of 4 Problem solving is an analytical process for systematically 1) identifying and prioritizing problems, 2) analyzing problems, 3) responding to problems, and 4) evaluating problem solving initiatives. Problem solving involves an agency-wide commitment to go beyond traditional police responses to crime to proactively address a multitude of problems that adversely affect quality of life. My agency: 'PS1) Routinely incorporates problem-solving principles into patrol work. r does not currently do, and has no plans to implement under this grant ~ does not currently do, and plans to initiate under this grant r currently does, and plans to continue doing under this grant ~ currently does, and plans to expand/enhance under this grant 'PS2) Identifies and prioritizes crime and disorder problems through the routine examination of patterns and trends involving repeat victims, offenders, and locations. ~' does not currently do, and has no plans to implement under this grant ~' does not currently do, and plans to initiate under this grant ~' currently does, and plans to continue doing under this grant ~ currently does, and plans to expand/enhance under this grant 'PS3) Routinely explores the underlying factors and conditions that contribute to crime and disorder problems. ~ does not currently do, and has no plans to implement under this grant ~' does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant t: currently does, and plans to expand/enhance under this grant *PS4) Systematically tailors responses to crime and disorder problems to address their underlying conditions. ~' does not currently do, and has no plans to implement under this grant ~ does not currently do, and plans to initiate under this grant ~' currently does, and plans to continue doing under this grant r: currently does, and plans to expand/enhance under this grant https://www.cops.usdoj.gov/chrp/Section5.aspx 3/31 /2009 COPS Hiring Recovery Program (CHRP) 'PS5) Regularly conducts assessments to determine the effectiveness of responses to crime and disorder problems. !' does not currently do, and has no plans to implement under this grant r does not currently do, and plans to initiate under this grant ~ curently does, and plans to continue doing under this grant ~ curently does, and plans to expand/enhance under this grant Organizational Transformation Page 3 of 4 Organizational transformation is the alignment of organizational management, structure, personnel and information systems to support community partnerships and proactive problem-solving efforts. My agency: 'OC1) Incorporates community polirng principles into the agency's mission statement and strategic plan. f does not currently do, and has no plans to implement under this grant ~ does not currently do, and plans to initiate under this grant ~ currently does, and plans to continue doing under this grant ~ curently does, and plans to expand/enhance under this grant 'OC2) Practices community policing as an agency-wide effort involving atl staff {i.e. not solely housed in a specialized unit). ~ does not currently do, and has no plans to implement under this grant ~ does not curently do, and plans to initiate under this grant ~' curently does, and plans to continue doing under this grant t: curently does, and plans to expand/enhance under this grant 'OC3) Incorporates problem-solving and partnership activities into personnel performance evaluations. ~' does not curently do, and has no plans to implement under this grant l' does not currently do, and plans to initiate under this grant l' curently does, and plans to continue doing under this grant r currently does, and plans to expand/enhance under this grant Community Policing Plan Narrative (please limit to 2,000 characters) 'Please describe your agency's implementation plan for this program (if awarded), with specific reference to each of the following elements community policing: (a) community partnerships and support, including consultation with community groups, private agencies, and/or other I agencies; (b) related governmental and community initiatives that complement your agency's proposed use of CHRP funding; and (c) organ transformation -how your agency will use these funds, if awarded, to reorient its mission to community policing or enhance its involvement commitment to community policing. This narative will not be scored for selection purposes but serves, along with the previous questions, a: agency's community policing plan. Your organization may be audited or monitored to ensure that it is initiating or enhancing community polio accordance with this plan. The COPS Office may also use this information to understand the needs of the field, and potentially provide for tr technical assistance, problem solving and community policing implementation tools. If your organization receives this CHRP grant funding, these responses will be considered as your organization's community policing plan. ~ understand that your community policing needs may change during the life of your CHRP grant (if awarded}, and minor changes to this play made without prior approval of the COPS Office. We also recognize that this plan may incorporate a broad range of possible community pol strategies and activities, and that your agency may implement particular community policing strategies from the plan on an as-needed basis the life of the grant. If your agency's community policing plan changes significantly, however, you must submit those changes in writing to th Office for approval. Changes are "significant" if they deviate from the range of possible community policing activities identified and approvec original community policing plan submitted with your application. https://www.cops.usdoj.gov/chrp/SectionS.aspx 3/31/2009 °~~ I' r ' - ,. i~ _ , 1 ~ - - _ ,4 ~-. -- '~' 1 f ' - - - -^ Budget Worksheet Page 1 of 3 COPS FEiring Recovery grogram (ChiRP) E Attachment to SF-424 Section 7: BUDGET DETAIL WORKSHEETS Instructions: Please complete the questions below based on your agency's current first year full-time entry-level salaries and fringe benefits for your loc officers. (You will be asked to project Year 2 and Year 3 increases below.) Part 1: Full-Time Sworn Officer Information A. Current First Year Entry-Level Base Salary for One Sworn Officer Position $ 40354 00 Please calculate the fringe benefit costs below based an the first year entry-level benefits for one sworn officer position. B. Fringe Benefits Cost % Of Base Additional Information *Social Security $ 2502 6.2 (- Exempt ~ Fixed Rate Cannot exceed 6.2% of Total Base Salary. if less than 6.2%, exempf, or frxed rate, provide an explanation in "Part 2: Full•Tme Swom Of6a lnfomiafion" 1.45 *Medicare $ 585 ~ Exempt ~ Fixed Rate Cannot exceed 1.45 % of Total Base Salary. if less than 9.45%, exempt, or frxed rate, provide an explanation in the "Part 2: Full-Time Swom Officer Information". *Health Insurance $ 8568 21.23 *Life Insurance $172 0.43 * $ 2046 5.07 Number of Hours Annually: Vacation 96 * $ 2046 5.07 Number of Hours Annually: Sick Leave % 96 * $14930 37 Retirement *Worker's Compensation $ 2157 5.35 !f exempf, check here: f *Unemployment Insurance $ 35 0.09 if exempt, check here: ~ $ 295 0.73 Describe: Disability Insurance % Disability Insurance https://www.cops.usdoj.gov/chrp/BudgetWorksheet.aspx 3/31/2009 ,~. - - - - _ ~ _ . q - -~ R r'_5 '~ - ,~~ 1 I ~~. ~y .~~ :~ ... ~~ COPS Hiring Recovery Program (CHRP) Page 1 of 3 COPS Hiring Recovery Program (CHRP) E Attachment to SF-424 Section 8: ASSURANCES Several provisions of federal law and policy apply to all grant programs. The Office of Community Oriented Policing Services needs to secure your assurance that the applicant will comply with these provisions. If you would like further information about any of these assurances, please contact your state's COPS Grant Program Specialist at (800) 421770. By the applicant's authorized representative's signature, the applicant assures that it will comply with all tags! and administrative requirements that govern the applicant for acceptance and use of federal grant funds. In particular, the applicant assures us that: 1. It has been legally and officially authorized by the appropriate goveming body (for example, mayor or city council) to apply for this grant and that the persons signing the application and these assurances on its behalf are authorized to do so and to act on its behalf with respect to any issues that may arise during processing of this application. 2. It will comply with the provisions of federal law, which limit certain political activities of grantee employees whose prinapal employment is in connection with an activity financed in whole or in part with this grant. These restrictions are set forth in 5 U.S.C. § 1501, et seq. 3. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act, if applicable. 4. It will establish safeguards, if it has not done so already, to prohibit employees from using their positions for a purpose that is, or gives the appearance of being, motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business or other ties. 5. It will give the Department of Justice or the Comptroller General access to and the right to examine records and documents related to the grant. 6. It will comply with all requirements imposed by the Department of Justice as a condition or administrative requirement of the grant, inGuding but not limited to: the requirements of 28 CFR Part 66 and 28 CFR Part 70 (governing administrative requirements for grants and cooperative agreements); 2 CFR Part 225 (OMB Circular A-87), 2 CFR 220 (OMB Circular A-21), 2 CFR Part 230 (OMB Circular A-1 22) and 48 CFR Part 31.000, et seq. (FAR 31.2) (goveming cost principles); OMB Circular A-1 33 (goveming audits) and other applicable OMB circulars; the applicable provisions of the Omnibus Crime Control and Safe Streets Act of 1988, as amended; 28 CFR Part 38.1; the current edition of the COPS Grant Monitoring Standards and Guidelines; the applicable COPS Grant Owners Manuals; and with all other applicable program requirements, laws, orders, regulations, or arculars. 7. If applicable, it will, to the extent practicable and consistent with applicable law, seek, recruit and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions in the agency. 8. It will not, on the ground of race, color, religion, national origin, gender, disability or age, unlawfully exclude any person from participation in, deny the benefits of or employment to any person, or subject any person to discrimination in connection with any programs or activities funded in whole or in part with federal funds. These civil rights requirements are found in the non-discrimination provisions of the Omnibus Crime Control and Safe Streets Act of 1968, as amended (42 U.S.C. § 3789 (d); Title VI of the Civil Rights Act of 1954, as amended (42 U. S.C. § 2000d); the Indian Civil Rights Act (25 U.S.C. §§ 1301-1303); Section 504 of the Rehabilitation Act of 1973, as amended {29 U.S.C. § 794); Title II, Subtitle A of the Americans with Disabilities Act (ADA) (42 U.S.C. § 12101, et seq.); the Age Discrimination Act of 1975 (42 U.S.C. § 6101, et seq.); and Department of Justice Non- Discrimination Regulations contained in Title 28, Parts 35 and 42 (subparts C, D, E and G) of the Code of Federal Regulations. A. In the event that any court or administrative agency makes a finding of discrimination on grounds of race, color, religion, national origin, gender, disability or age against the applicant after a due process hearing, it agrees to forward a copy of the finding to the Office of Civil Rights, Office of Justice Programs, 810 7th Street, NW, Washington, D.C. 20531. B. If your organization has received an award for $500,000 or more and has 50 or more employees, then it has to prepare an EEOP and submit it to the Office for Civil Rights ("OCR's, Office of Justice Programs, 810 7th Street, N.W., Washington, DC https://www.cops.usdoj.gov/chip/Section8.aspx 3/31/2009 COPS Hiring Recovery Program (CHRP) Page 2 of 3 20531, for review within 60 days of the notification of the award. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEQP, but it does not have to submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organization is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the Certification Form and return it to OCR. 9. Pursuant to Department of Justice guidelines (June 18, 2002 Federal Register {Volume 67, Number 117, pages 41455-41472), under Title VI of the Civil Rights Act of 1964, it will ensure meaningful access to its programs and activities by persons with limited English proficiency. 10. It will ensure that any facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the projed are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify us if advised by the EPA that a facility to be used in this grant is under consideration for such listing by the EPA. 11. If the applicant's state has established a review and comment procedure under Executive Order 12372 and has selected this program for review, it has made this application available for review by the state Single Point of Contad. 12. It will submit all surveys, interview protocols, and other information collections to the COPS Office for submission to the Office of Management and Budget for clearance under the Papen+vork Reduction Ad of 1995 if required. 13. It will comply with the Human Subjects Research Risk Protedions requirements of 28 CFR Part 46 if any part of the funded project contains non-exempt research or statistical activities which involve human subjeds and also with 28 CFR Part 22, requiring the safeguarding of individually identifiable information colleded from research participants. 14. Pursuant to Executive Order 13043, it will enforce on-the-job seat belt policies and programs for employees when operating agency- owned, rented or personally-owned vehicles. 15. It will not use COPS funds to supplant (replace) state, local, or Bureau of Indian Affairs funds that otherwise would be made available for the purposes of this grant, as applicable. 16. If the awarded grant contains a retention requirement, it will retain the increased officer staffing level and/or the increased officer redeployment level, as applicable, with state or local funds for a minimum of 12 months following expiration of the grant period. 17. It will not use any federal funding diredly or indirectly to influence in any manner a Member of Congress, a jurisdidion, or an official of any government, to favor, adopt, or oppose, by vote or otherwise, any legislation, law ratification, policy or appropriation whether before or after the introduction of any bill, measure, or resolution proposing such legislation, law, ratification, policy or appropriation as set forth in the Anti- Lobby Ad, 18 U.S.C. 1913. 18. In the event that a portion of grant reimbursements are seized to pay off delinquent federal debts through the Treasury Offset Program or other debt oolledion process, it agrees to increase the non-federal share (or, if the awarded grant does not contain a cost sharing requirement, contribute anon-federal share) equal to the amount seized in order to fully implement the grant project. False statements ar claims made in connedion with COPS grants {inGuding cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Eledions or other seledions of new officials will not relieve the grantee entity of its obligations under this grant. I~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, andlor any https://www.cops.usdoj.gov/chrp/Section8.aspx 3/31/2009 COPS Hiring Recovery Program (CHRP) Page l of 3 COPS Hiring Recovery Program (CHRP) t Attachment to SF-424 Section 10: DISCLOSURE OF LOBBYING ACTIVITES -Instructions for Completion of SF-LLL, Disclosure of Lobbying Activities This disdosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt + Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each p. agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employes of any agency, a Meml Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Coi items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Manag+ Budget for additional information. 1. Identify the type of wvered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate dass~cation of this report. If this is a follow-up report caused by a material change to the information f reported, enter the year and quarter in which the change occured. Enter the date of the last previously submitted report by this r entity for this covered Federal action. 4. Enter the fuU name, address, dty, state and zip code of the reporting entity. Indude Congressional District number, if known. C appropriate dassification of the reporting entity that designates if it is, or expects to be, a prime or subaward redpient. Identify the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards Indude but are not limited to subcontracts, subgra contract awards under grants. 5. If the organization filing the report in item 4 checks "subawardee," then enter the full name, address, dty, state and zip code o Federal redpient. Indude Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Indude at least one organizational level below name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Fede Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Pr~ (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the appfication/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFPD E-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal ar awardAoan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, dty, state and zip code of the lobbying entity engaged by the reporting registrant ident~ed it influence the covered Federal action. (b) Enter the full name(s) of the individual(s) performing services, and Indude full address if different from 10 (a). Enter Last Narr Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title and telephone number. Public repoRing burden for this colection of information is estimated to average 30 minutes per response, inducting time for revie instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing tha collt infomratior. Send comments regarding the burden estimate or any other aspect of this collection of information, including sugge: reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20 https://www.cops.usdoj.gov/chrp/Section/ 0.aspx 3/31/2009 COPS Hiring Recovery Program (CHRP) Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352. r Not Applicable 1 . Type of Federal Action: t^ contract io grant r cooperative agreement ~ loan loan guarantee loan insurance 2 . Status of Federal Action: ~O bidloffer/application r initial award r post-award *4 . Name and Address of Reporting Entity: ~' ~ Prime ~ Subawardee Page 2 of 3 3 . Report Type: r initial filing r material change For Material Change Only: Year: Quarter: -__- - _ _ Date of last report: ~- 5 . If Reporting Entity in No . 4 is Name and Address of Prime: Subawardee Tier: I , if known: Congressional District (number}, if known: Congressional District (number), if --- - _ - ~------- ---- ._ _ 16.710 7 . Federal Program NamelDesc 6 . Federal Department/Agency: ~ -~~~-- ~ - " " - USDOJCOPS CFDA Number, if applicable 8 . Federal Action Number, if known: 10.a .Name and Address of Lobbying Registrant (if indivlduaf, last name, first name, M!}: 9 . Award Amount, if known: - 10. b. Individuals Performing Se No.1t)a) (last name, first name, MI: II 11 Information requested through this form is authorized by Title 31 U .S .C .Section 1352 . This disclosure of lobbying activities is a material representation of fact upon which reliance ~ By clicking this box and typing was placed by the tier above when this transaction was made or entered into .This disclosure is legally and officially authorized by required pursuant to 31 U .S .C . 1352 . This information will be reported to the Congress semi- this application and act on behalf c annually and will be available for public inspection .Any person who fails to file the required have read, understand, and agree. disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 grant compliance terms and coedit for each such failure. Guide, the COPS Grant Owner's A other applicable program regulatio certify that the information provide true and accurate io the best of m~ statements or claims made in conr https:llwww.cops.usdoj.gov/chrplSectionl0.aspx 3/31/2009 _.... J ~ ~r ~ ... F . _.. _i ~ ~ C COPS Hiring Recovery Program (CHRP) Page 1 of 4 COPS firing Recovery Program (CHRP) i Attachment to SF-424 Section 9: CERTIFICATIONS Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; Drug-Free Workplace Requirements Coordination with Affected Agencies Although the Department of Justice has made every effort to simplify the application process, other provisions of federal law require us to seek your agency's certification regarding certain matters. Applicants should read the regulations ated below and the instructions for certification included in the regulations to understand the requirements and whether they apply to a particular applicant. Signing this form complies with certification requirements under 28 CFR Part 69, "New Restrictions on Lobbying ° 28 CFR Part 67, "Government-Wide Debarment and Suspension (Nonprocurement)," 28 CFR Part 83 Government-Wide Requirements for Orug-Free Workplace (Grants)," and the coordination requirements of the Public Safety Partnership and Community Policing Ad of 1994. The certifications shall be treated as a material representation of fad upon which reliance will be placed when the Department of Justice determines to award the covered grant. 1. Lobbying As required by Sedion 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the applicant certifies that: A. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the making of any federal grant; the entering into of any cooperative agreement; and the extension, continuation, renewal, amendment or modification of any federal grant or cooperative agreement; B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its instructions; C. The undersigned shall require that the language of this certification be inducted in the award documents for all subawards at all tiers (including subgrents, contracts under grants and cooperative agreements, and subcontracts} and that all sub- recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) As required by Executive Order 12549, Debarment and Suspension, and implemented at 2 CFR Part 2867, for prospective participants in primary covered transactions, as defined at 2 CFR Part 2867, Sedion 2867.437 A. The applicant certifies that it and its principals: (i) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of federal benefits by a state or federal court, or voluntarily excluded from covered transactions by any federal department or agency; (ii) Have not within athree-year periad preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local} or private agreement or transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or https://www.cops.usdoj.gov/chrp/Section9.aspx 3/31/2009 COPS Hiring Recovery Program (CHRP) Page 2 of 4 destruction of records, making false statements, tax evasion or receiving stolen property, making false daims, or obstruction of justice, or commission of any offense indicating a lads of business integrity or business honesty that seriously and directly affects your present responsibility. {iii) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (A)(ii) of this certification; and (iv) Have not within athree-year period preceding this application had one or more public transactions (federal, state or local} terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application. 3. Drug-Free Workplace (Grantees Other Than Individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 83, for grantees, as defined at 28 CFR Part 83, Sections 83 and 83.510 - A. The applicant certifies that it will, or will continue to, provide adrug- free workplace by: (i) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and spedtying the actions that will be taken against employees for violation of such prohibition; (ii) Establishing an on-going drug-free awareness program to inform employees about - (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug- abuse violations occurring in the workplace; (iii) Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph (i); (iv) Notifying the employee in the statement required by paragraph (i) that, as a condition of employment under the grant, the employee will - (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (v) Notifying the agency, in writing, within 10 calendar days after receiving notice under subparagraph (iv)(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to: COPS Office, 1100 Vermont Ave., NW, Washington, D.C. 20530. Notice shall indude the identification number(s) of each affected grant. (vi) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (iv) (b), with respect to any employee who is so convicted - (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or https://www.cops.usdoj.gov/chrp/Section9.aspx 3/31 /2009 COPS Hiring Recovery Program (CHRP) Page 3 of 4 rehabilitation program approved for such purposes by a federal, state or local health, law enforcement or other appropriate agency; (vii) Making a good faith effort to continue to maintain adrug-free workplace through implementation of paragraphs (i), (ii), (iii), (iv), (v) and (vi). B. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Piace of performance (street address, city, county, state, zip code) 300 West Atlantic Avenue, Delray Beach, FL 33444, Palm Check ~ if there are workplaces on file that are not identified here. 4. Coordination The Public Safety Partnership and Community Policing Act of 1994 requires applicants to certify that there has been appropriate coordination with all agencies that may be affected by the applicant's grant proposal if approved. Affected agencies may include, among others, the Office of the United States Attorney, state or local prosecutors, or correctional agencies. The applicant certifies that there has been appropriate coordination with all affected agencies. Grantee Agency Name and Address: Delray Beach. City of 300 West Atlantic Avenue Delray Beach. FL 33444 Grantee IRS/ Vendor Number: - False statements or claims made in connection with COPS grants (including cooperative agreements) may result in fines, imprisonment, disbarment from participating in federal grants or contracts, and/or any other remedy available by law. I certify that the assurances provided are true and accurate to the best of my knowledge. Elections or other selections of new officials will not relieve the grantee entity of its obligations under this grant. ~ By Licking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing body to submit this application and act on behalf of the grant applicant entity. I certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outlined in the COPS Application Guide, the COPS Grant Owner's Manual, assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information provided on this form and any attached forms is true and accurate to the best of my knowledge. I understand that false statements or claims made in connection with COPS programs may result in fines, imprisonment, debarment from participating in federal grants, cooperative agreements, or contracts, and/or any other remedy available by law to the federal government. Anthony W. Sirianese, Chief of Police `Typed Name of Law Enforcement Executive (or Offiaal with Programmatic Authority, as applicable): ~ By clicking this box and typing my name below, I certify that I have been legally and officially authorized by the appropriate governing be certify that I have read, understand, and agree, if awarded, to abide by all of the applicable grant compliance terms and conditions as outline assurances, certifications and all other applicable program regulations, laws, orders, or circulars. In addition, I certify that the information prc my knowledge. I understand that false statements or Gaims made in connection with COPS programs may result in fines, imprisonment, de https://ww~v.cops.usdoj.gov/chrp/Section9.aspx 3/31/2009 - - ~ :~ t ~~- ^ 1 ^ ^ ^ ^ F ~ _ ~ ~ ~ .~ ~ ~~ ~~~ 'f ^ - ~ ~ ~ - ~ ~ ^ ~ ^ M ^ ~ - - - Y ^ ti. ~_ . _ MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 GRANT APPLICATION/FDOT/AGGRESSIVE DRIVING ITEM BEFORE COMMISSION The Police Department seeks approval after the fact for submission of a grant application to the Florida Department of Transportation in the amount of $73,097 for implementation of an aggressive driving/speed enforcement program. BACKGROUND As indicated in the application, aggressive driving, i.e. "road rage" is a common problem in Delray Beach as well as in the rest of the country. In 2008, the Delray Beach Police Department (DBPD) issued 13,809 uniform traffic citations, 70% of which were for speeding and other moving violations. Also in 2008, eight (8) traffic fatalities occurred within the City, with the majority being related to aggressive driving. This grant application requests funding for two (2) fully equipped law-enforcement vehicles which would be dedicated to the reduction of aggressive driving. These vehicles would be unmarked and would increase the Department's ability to detect and apprehend aggressive drivers. A match is not required in year one, but if the grant is awarded and renewed for subsequent years, the Department would be expected to fund increasing proportions of the project each year. DBPD believes that this funding would help to provide the citizens of Delray Beach with safer roads. RECOMMENDATION The DBPD recommends approval of the FDOT aggressive driving grant application which has been submitted. a rr~ - - ~ --~- STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500-08.rt7 HIGHWAY SAFETY CONCEPT PAPER ~";~ Agency: City of Delray Beach Concept Paper Title: Delray Beach Police Department- Speed Enforcement Program Amount Requested: $73,097.00 Priority Area for Concept Paper: ^ Community Traffic Safety ^ Police Traffic Services ^ Impaired Driving ^ Roadway Safety ^ Motorcycle Safety ®Speed/Aggressive Driving ^ Occupant ProtectionlChild Passenger Safety ^ Traffic Records ^ Pedestrian/Bicycle Safety Type of Request: Type of Project: ® Initial ^ Continuation ®Local ^ Statewide Head of Agency: Name: Anthony W. Strianese Title: Chief of Police Address: 300 West Atlantic Avenue Delray Beach, Florida 33444 Phone: (581) 243-7851 Extension: E-Mail: strianesCr~ci.delray-beach.fl.us Project Contact: Name: Sharon L'Herrou Title: Administrative Officer Address: 300 West Atlantic Avenue Delray Beach, Florida 33444 Phone: ~} 243-7852 Extension: Fax Number: ~) X43-78x6 E-Mail: LHerrouCaaci.delrav-beach.fl.us FDOT USE ONLY: Concept Paper Number. Assigned Module: Postmark Date: Planner Assigned: Date Received: Date Assigned: Entered Into Database: Planner Received: 500-085-17 SAFETY 12W8 Statement of the Problem: (Give details about the traffic safety problem that you want to correct. Include at least three years of crash, injury, fatality, and citation data to show the extent of the problem.) The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has approximately 65,000 year round residents. During the winter months, September through April, there is a sharp increase in winter residents and tourists. This increases our city's residency to approximately 95,000. The area of the city is just over 16 square miles and lies between West Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. A problem that exists in the City of Delray Beach, as well as other cities throughout the United States is an epidemic aptly referred to as "Road Rage". Road Rage is the result of another problem referred to as "Aggressive Driving". Specific types of moving violations committed by drivers can be defined as aggressive driving. Speeding, improper driving, following to closely, improper lane changing, failing to obey traffic signals, and failing to yield right of way, these are just a few examples. Road Rage occurs when one driver expresses anger towards another driver, and acts on that anger. It is often a reaction percieved as wrongdoing or discourtesy by another driver. Each year approximately 6,800,000 crashes occur in the United States, a substantial number are estimated to be caused by aggressive driving. In 1997, statistics compiled by NHTSA and the American Automobile Association show that almost 13,000 people have been injured or killed in crashes caused by aggressive driving. According to another NHTSA survey, more than 60 percent of drivers consider unsafe driving by others, including speeding, a major personal threat to themselves and their families. NHTSA research shows that compliance with, and support for, traffic laws can be increased through aggressive, targeted enforcement combined with a vigorous public information and education program. According to the American Automobile Association eighty-three percent of drivers will be involved in some type of an aggressive driving incident and they also suggest that driver-to-driver violence is up more than 50 percent. During the year 2008 the Delray Beach Police Department issued 13,809 uniform traffic citations including 1,965 written warnings, with over 70 percent of those being for speeding and other moving violations. The remainder of the citations were issued for non-moving and criminal violations. In 2006, the Delray Beach Police Department investigated 8 traffic fatalities, in 2007 that number decreased to 4 fatalities but in 2008 our traffic fatalities increased to 8 with the majority of them being related to aggressive driving, (i.e. speed, improper turns, red light running, etc.). 500-06517 SAFETY 1?/~ Proposed Solution: (Explain the countermeasures that you plan to implement to correct the problem and how the funding that you have requested will support those countermeasures.) Along with the members of the Delray Beach Police Department's patrol division; the department has recently re-implemented it's motorcycle traffic unit. Members of these units will continue to enforce violations at intersections where fatalities have occurred as well as areas identified with speeding problems. We believe the addition of two unique enforcement vehicles ("slick-top", unmarked, no ovefiead lights) will enhance our ability to detect and apprehend aggressive drivers. The vehicle will be used by the department to target specfic areas. We believe a less conspicuous vehicle will enhance the effectiveness of our enforcement. The Delray Beach Police Department has already acquired two solar ALS message boards, these signs are being used for public information and education messages. Areas in which the signs are used include; school zones and heavily traveled roads during peak driving times. The signs are also used during statewide campaigns such as the "Click It or Ticket' enforcement period and the "Stop Red Light Running week. 50°-065.17 SAFETY 1?JI16 Project Objectives: (List the short term goals that you have for the project. Some should be quantifiable, such as, "To reduce the number of people killed and injured in crashes by 5% compared to last year's statistics.°) 1. Educate all officers in the department on Aggressive Driving and Road Rage. 2. Increase public awareness on Agrressive Driving through education, (i.e. billboards, fliers, mini PSA's, etc.} 3. Reduce the number of fatality crashes within the city limits by 25% compared to last years fatal statistics. 4. Increase the number of enforcement contacts using solutions from proposal. Evaluation: (Explain how you will determine if the project is a success.} The Delray Beach Police Department will evaluate the overall success of the program by the number of contacts made during Aggressive Driving enforcement. The number of Aggressive drivers apprehended and the success of the public information and education awareness program concerning Aggressive Driving. The overall success of the program will be determined when we have dramatically decreased our number of injury and fatal crahes. CONCEPT PAPER BUDGET eoo-0ss» snFeTv ~yae List each item for which you are requesting funding and the estimated cost of the item(s). Equipment that has a unit cost of $1.000 or more should be listed in the Operating Caaital Outlay section. BUDGET CATEGORY TOTAL FEDERAL MA TCH FUNDING STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 C. Expenses $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $o $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ o $a $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o Subtotal $ 0 $ 0 $ 0 $ 0 CONCEPT PAPER BUDGET saa-0as, ~ SAFETY 12/x8 BUDGET CATEGORY TOTAL FEDERAL MA TCH FUNDING STATE LOCAL D. Operating Capital Outlay 2 Unmarked Police Vehicles fully equipped $59,097 $59,097 $0 $0 with lighting package and computer equipment. 2 In car moving radar units $6,000 $6,000 $0 $0 2 In car videos systems $8,000 $8,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ o $o $o $a $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o Subtotal 573,097 $73,087 $ 0 5 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal 5 0 $ 0 $ 0 $ 0 Total Cost of Project 573,087 573,087 5 0 5 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 D.U.I GRANT APPLICATION/FDOT ITEM BEFORE COMMISSION The Police Department seeks approval after the fact for submission of a grant application to the Florida Department of Transportation in the amount of $88,822 for implementation of a D.U.I. Enforcement program. BACKGROUND As indicated in the application, Driving Under the Influence (D.U.L) is a common problem in Delray Beach as well as in the rest of the country. In 2007, approximately 31% of traffic fatalities nation-wide were caused by drunk driving. In order to address this concern in our own City, the Delray Beach Police Department (DBPD) proposes to implement a D.U.I. enforcement program. The DBPD was eligible to apply for funding through the Florida Department of Transportation's Highway Safety Grant Program. The grant request includes 50% of an officer's salary and benefits (if awarded an officer would be reassigned to the D.U.I. Enforcement Project), a specialized D.U.I. enforcement vehicle, training, and applicable software. These resources would provide the Department greater flexibility in the area of DUI enforcement and public awareness efforts. A match is not required in year one, but is looked upon favorably during the application review process. If the grant is awarded and renewed for subsequent years, the Department would be expected to fund increasing proportions of the project each year. DBPD believes that this funding would help to provide the citizens of Delray Beach with safer roads. FUNDING SOURCE If awarded, the Department match would consist of 50% of an existing officer's salary (who would be reassigned to this project) from account number: 001-2115-521.12.10, beginning 10/1/09. RECOMMENDATION The DBPD recommends approval of the FDOT grant application which has been submitted. _ 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 500~OBrr17 HIGHWAY SAFETY CONCEPT PAPER ~~ ,zroe Agency: City of Delrav Beach Concept Paper T"dle: Delrav Beach Police Department- DUI Enforcement Program Amount Requested: $8$ 822 00 Priority Area for Concept Paper: ^ Community Traffic Safety ^ Police Traffic Services ® Impaired Driving ^ Roadway Safety ^ Motorcycle Safety ®Speed/Aggressive Driving ^ Occupant ProtectionlChild Passenger Safety ^ Traffic Records ^ Pedestrian/Bicycle Safety Type of Request: Type of Project: ® Initial ^ Continuation ®Local ^ Statewide Head of Agency: Name: Anthony W. Strianese Title: Chief of Police Address: 300 West Atlantic Avenue Delrav Beach Florida 33444 Phone: (561) 243-7851 Extension: E-Mail: strianesCaaci delray-beach.fl.us Project Contact: Name: Sharon L'Herrou Title: Administrative Officer Address: 300 West Atlantic Avenue Delrav Beach Florida 33444 Phone: 561 243-7852 Extension: Fax Number: 5( 61) 243-7816 E-Mail: LHerrouCa)ci delray-beach.fl.us FDOT USE ONLY: Concept Paper Number. Assigned Module: Postmark Date: Planner Assigned: Date Received: Date Assigned: Entered Into Database: Planner Received: 50QOGS17 SAFETY 17/68 Statement of the Problem: (Give details about the traffic safety problem that you want to correct. Include at least three years of crash, injury, fatality, and citation data to show the extent of the problem.) The City of Delray Beach is located along the Atlantic Coast and is one of the southern most cities in Palm Beach County, Florida. The city has approximately 65,000 year round residents. During the winter months, September through April, there is a sharp increase in winter residents and tourists. This increases our city's residency to approximately 95,000. The City of Delray Beach is just over 16 square miles in area, and lies between West Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. A problem that exists in the City of Delray Beach, as well as other cities throughout the country, are people operating motor vehicles under the influence of alcohol and or drugs. Driving Under the Influence (DUI), commonly called "drunk driving," refers to operating a motor vehicle while under the influence of alcohol and or drugs, including prescription drugs. Incidents of drunk driving lead to property damage, crashes involving serious bodily injury, and death. In 2007, an estimated 12,998 people died in alcohol-related traffic crashes in the United States, an average of one every 40 minutes. These deaths constitute 31 percent of the 41,059 total traffic fatalities in the United States. Of these traffic fatalities, an estimated 12,068 involved a driver with an illegal BAC of .08 or greater. The City of Delray Beach has seen an increase in alcohol related traffic fatalities and alcohol related crashes involving serious bodily injuries. In 2008, the City of Delray Beach had 8 fatalities, # of which were alcohol related. In 2007, the City of Delray Beach had 4 traffic fatalities, # of which were alcohol related as compared to and 8 in 2006. The City of Delray Beach also reported 3073 traffic crashes in 2008, 3414 crashes in 2007 and 3140 crashes in 2006. In spite of manpower constraints the Delray Beach Police Department has continued to make a large number of DUI arrests. In 2008, the City of Delray Beach made 197 DUI arrests, 248 DUI arrests in 2007, and 269 in 2006. The Delray Beach Police Department participates several times a year in county wide DUI Saturation Patrols, and also conducts department Saturation Patrols during holiday periods, to increase the awareness of drunk driving and to increase enforcement efforts. In June 2008 the Delray Beach Police Department re-established its traffic unit, with the deployment of 3 Motor Officers. These officers are primarily deployed during day time, high traffic volume periods and have increased the number of UTC's issued. There has also been a decrease in traffic crashes in the area in which these officer deploy. These traffic officers also periodically adjust their schedules and conduct DUI enforcement and other traffic initiatives, such as Arrive Alive on 95, and 'Click it, or Ticket. soo-0ss» snFerv ~~ Proposed Solution: (Explain the countermeasures that you plan to implement to correct the problem and how the funding that you have requested will support those countermeasures.) The Delray Beach Police Department plans to assign a full time DUI Enforcement Officer to the Traffic Section, to target drunk driving. The Delray Beach Police Department is doing all it can within its scope to make our roadway's safer, but we need an additional way to enforce and detect impaired drivers. In order to help with this enforcement action, a traditional marked, police vehicle will be utilized to assist with the detection and enforcement of drunk driving. The DUI enforcement vehicle will be used by the DUI Enfon:ement Officer to target specific areas and roadways. The marked vehicle will display an overhead light bar and DUI Enforcement graphics and be conspicuous to the public, allowing the DUI Enforcement Unit to be more effective. If selected for the grant, we would purchase one, 4-door vehicle, equipped with a digital in-car video system, lap top computer system and standard Delray Beach Police Department software, prisoner partition, and a duel antenna radar unit. During peak driving times that impaired drivers are on the road, the DUI Enforcement Officer will utilize the vehicle to patrol specific areas and roadways where impaired drivers have been located in the past and roadways where fatal vehicle accidents and accidents involving serious bodily injuries involving alcohol have occurred. Officers will look for violations that are characteristic of impaired drivers, i.e. speeding, failure to maintain a single lane, erratic lane changing, and red light running to name a few. The DUI Enforcement Officer will receive specialized training in DUI enforcment at the annual DUI Symposium. In addition, the officer will receive specialized training in DUI enforcement and detection in local or state law enforcement schools. Currently, members of the Traffic Unit participate in amulti-agency, county wide task force to combat drunk driving, the DUI Enforcement Officer will also participate. This task force allows officers from many law enforcement agencies in Palm Beach County to come together and work as a team to combat drunk driving. The Traffic Unit has a working relationship with the Palm Beach County chapter of Mothers Against Drunk Driving (MADD). The Traffic Unit cun'ently attends regular meetings of the Traffic Safety Council, Traffic Incident Management Team and LEL meetings. Additionally regular MADD meetings will be attended to discuss local, regional, and national issues of drunk driving. The DUI Enforcement Officer and other department DUI Instructors will conduct in service training for all department officers in regards to DUI enforcement, legal updates and a Standardized Field Sobriety Task (BEST) refresher course. In addition all officers assigned to the Field Training Program will ride with the DUI Enforcement Officer for 2 shifts to gain specialized training in DUI enforcement. Several times each year, the Delray Beach Police Department conducts a Citizen's Police Academy, Residents Academy and a Leadership Delray Academy. Traffic issues are discussed in these academies, and DUI enforcement will be a signficant part of the traffic section presentation. These academy's are an excellent way of residents and community leaders to understand the inner workings of its Police Department, and provides an avenue, to address drunk or impaired driving to citizens. Other items that would be acquired if this Grant is obtained would be a stationary Laser speed measuring device to make DUI enforcement more effective. Also obtained would be Crash Scene Measuring and Diagramming Software, to more effectively conduct traffic homicide and serious bodily injury crashes. 500-06517 SAFETY 1?/08 Project Objectives: (List the short term goals that you have for the project. Some should be quantifiable, such as, "To reduce the number of people killed and injured in crashes by 5% compared to last year's statistics.") 1. Educate all officers in the department on DUI enforcement. 2. Increase public awareness on Drunk and/ or Impaired Driving through education, (i.e. billboards, fliers, mini PSA's, etc.) 3. Reduce the number of fatality crashes within the city limits by 25% compared to last years fatal statistics. 4. Increase the number of enforcement contacts using solutions from proposal. 5. Conduct at least 4 public awareness presentations during the year tD educate the public on the effects of DUI's each year. Evaluation: (Explain how you will determine if the project is a success.) The Delray Beach Police Department will evaluate the overall success of the program by the number of contacts made during DUI enforcement actions. The number of Drunk or Impaired drivers apprehended and the success of the public information and education awareness program concerning Drunk or Impaired Driving. The overall success of the program will be determined when we have dramatically decreased our number of injury and fatal crahes. CONCEPT PAPER BUDGET 500-0°S17 ,~ List each item for which you are requesting funding and the estimated cost of the item(s). Equipment that has a unit cost of ~1 nn0 nr mnre shnuld he listed in the Operating Capital Outlav section. FEDERAL MAT CH BUDGET CATEGORY TOTAL FUNDING STATE LOCAL A. Personnel Services $ 0 $0 $0 $0 50% DUI Enforcement Officer Annual $42,318 $21,159 $0 $21,159 Salary (Base: No Degree} FICA $3,236 $1,618 $0 1618 Police Pension $14,280 $7,140 $0 $7,140 Retiree Health(3.3% of salary $1,396 $698 $0 698 Life Insurance $ 172 $86 $0 $86 Disability Insurance $ 282 $141 $0 $141 Health Insurance $8,560 $4,280 $0 $4,280 Worker's Compensation $2,030 $1,015 $0 $1,015 Unemployment Compensation $ 36 $18 $0 $18 EAP $ 30 $15 $0 15 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $72 340 $36,170 $ 0 $36170 B. Contractual Services $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal a 0 a 0 $ 0 $ 0 C. Expenses Laptop Computer $4,000 $4,000 $0 $0 Computer Printer $ 280 $280 $0 $0 Police Computer Software 8 Licensing $2,000 $2,000 $0 $0 IPTM DUI School $ 0 $t $0 $0 Travel 8~ Hotel for DUI School $ 463 $463 $0 $0 DUI Publications & Law Updates $ 55 55 $0 $0 Laser Measuring and Diagramming $1,764 $1,764 $0 $0 Software Stationary Laser Speed Measuring Device $4,000 $4,000 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $12,562 S12 562 $ 0 $ 0 CONCEPT PAPER BUDGET soo~oss, ~ saFenr ~2roa BUDGET CATEGORY TOTAL FEDERAL MAT CH FUNDING STATE LOCAL D. Operating Capital Outlay 1 Marked Police Vehicles fully equipped $33,090 $33,090 $0 $0 with lighting package 1 Digital In-car Video System $4,000 $4,000 $0 $0 1 Dual Antenna Moving RADAR system $3,000 $3,000 $0 $0 $ 0 $0 $0 $0 $ 0 0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ o $o $a $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $o $o $o $ o $a $o $o Subtotal $40,090 $40,090 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 $ 0 $0 $0 $0 Subtotal $ 0 $ 0 $ 0 $ 0 Total Cost of Project $124,992 $88,822 $ 0 536,170 MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire Chief THROUGH: David T.Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 PURCHASE AWARD/AHURA SCIENTIFIC, INC. ITEM BEFORE COMMISSION The Delray Beach Fire-Rescue Department requests City Commission's approval for a purchase award in the amount of $69,874.05 to Ahura Scientific, Inc. for Haz Mat Monitors under the State Homeland Security Grant Program with pricing from GSA Contract No. GS-07F-6099R. BACKGROUND The Department requests approval to purchase the Ahura Scientific TRuDefender hand held FTIR Hazmat monitor. As part of the package we will also receive the Ahura Scientific FirstDefender handheld Roman Spectrometer. These monitors will allow the Delray Beach Fire-Rescue Department to identify unknown liquids and solids, both in the Hazardous Materials & WMD arenas. The monitor purchases will be submitted for reimbursement through our State Homeland Security Grant Subrecipient Agreement. FUNDING SOURCE $61,259.44 for Hardware and Software from 001-2315-526-64.90 $8,614.61 for Warranty and Support from account: 001-2315-526-46.20 RECOMMENDATION Staff recommends that the City Commission approve the purchase award to Ahura Scientific, Inc. in the amount of $69,874.05 for Haz Mat Monitors with GSA pricing under the State Homeland Security Grant Program subject to approval of terms and conditions by the City Attorney's Office. J Ahura Scientific, Inc. 46 Jonspin Road Wilmington, MA 01887 978 657 5555 April 3, 2009 www.ahurascientific.com Lt. Walter Hirst City of Delray Beach Fire rescue 501 West Atlantic Avenue Delray Beach, FL 33144 Dear Lieutenant Hirst, Ahura Scientific, Inc. is pleased to provide you with a quotation based on pricing from GSA Schedule GS07- 6099 which expires 09-29-2010 for two solid and liquid chemical identification systems, FirstDefender, based on Raman spectroscopy, and TruDefender FT, aFourier-Transform Infrared (FTIR) instrument. Raman and FTIR have distinct strengths and both provide a broad range of identification capabilities. FirstDefender handheld Raman Spectrometer: The FirstDefender can identify unknown liquid and solid chemicals; drug precursors, narcotics, explosives, chemical weapon agents, and toxic industrial chemicals. Identification can be done while substances are safely sealed in transparent and semi-transparent materials, including colored glass vials and plastic bags. The system can also be used in a point and shoot mode allowing materials on a surface to be interrogated without direct contact. The system weighs less then 4 pounds, is fully water proof to one meter, and has met MIL-STD-810F for shock and vibration. The FirstDefender has been independently tested by the Edgewood Chemical Biological Command (ECBC) for its effectiveness against chemical weapon neat agents and neat agents in the presence of interferents. It has been designed to be operated by personnel in full Level-A gear. A fully charged unit will run for up to five hours. The unit is supplied with a rugged carrying case, 1 additional rechargeable battery, and the accessories to operate the unit. Page 1 of 7 TruDefender FT handheld Fourier Transform Infra-Red (FTIR) Soectrometer: TruDefender FT is a rugged, handheld FTIR system for rapid, in-the-field identification of unknown chemicals. The innovative use-mode, ground-breaking design, ease of use, and advanced mixture analysis make TruDefender FT an essential tool for first responders, enabling users to analyze -and act -faster than ever before. Unlike other instruments available today, TruDefender FT's revolutionary Press-and-ShootT"' use mode and rugged design enable first responders to take the power of FTIR directly to an unknown substance in the hot zone. Weighing less than three pounds (1.4 kg), TruDefender FT is ergonomically designed for easy handheld use in Level A gear. It is aself-contained unit that requires no scheduled maintenance or calibration, and uses no consumables. A fully charged unit will run for greater than two hours. The unit is supplied with a rugged carrying case, an additional rechargeable battery, a box of 12 SurefireT"' disposable batteries and the appropriate accessories to charge and operate the unit. When used together, TruDefender FT and FirstDefender can serve as confirmatory techniques and provide a more comprehensive assessment of a given scenario for greater confidence in response. This complete turnkey quotation includes attached documentation to assist in the justification and purchase of the FirstDefender and the TruDefender FT. The quote is broken down into three categories that include pricing for Equipment/Hardware, Training and Sustainment for your new equipment. If you have any questions please do not hesitate to contact me. Sincerely, Bill Murphy Sr. Homeland Security Specialist Direct: (727) 249-9110 Mobile: (727) 249-9110 "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 2 of 7 Summary Quotation Quotation # 2008-BM-0304 April 3, 2009 To: Lt. Walter Hirst City of Delray Beach Fire Rescue 501 West Talantic Avenue Delray Beach,Fl 33144 From: Ahura Scientific, Inc. 46 Jonspin Road Wilmington, MA 01887 Bill Murphy Sr. Homeland Security Specialist (727) 249-9110 bmurphy@ahurascientific.com FEIN # 01 065 0031 GSA Contract No. GS-07F-6099R. Contract period: September 29, 2005 -September 29, 2010. Unless stated otherwise, this quotation is subject to the terms and conditions of GSA Contract No. GS-07F-6099R. For government and other authorized agencies, please reference this number on your order. For contractors placing an order with Ahura in accordance with FAR 51.103, Ordering From Government Supply Sources, please include with your order: (1) A copy of the authorization (unless a copy was previously furnished to Ahura); and (2) The following statement: This order is placed under written authorization from dated In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 3 of 7 Product Descri tion Q Price FD Hardware FirstDefender Qt 2+ 1 $19,143.58 FD Software FirstDefender DE SW +EXT Qt 2+ 1 $4,785.89 TDFT Hardware TruDefender FT -Hardware onl Qt 2+ 1 $32,544.08 TDFT Software FD Warranty/Support -Initial TruDefender FT DE SW +EXT (Qty 2+) FirstDefender Warranty/Support - 1 Year (Qty 2+) 1 1 $4,785.89 $3,828.72 TDFT Warran /Support -Initial TDFT Warran /Support -1 Year Q 2+ 1 $4,785.89 Total $69,874.05 Trainin Descri tion Q Price Grand Total Total 69,874.05 ~- GSA FirstDefender- The spectrometer comes with built in computer, 2 batteries, battery charger, AC power Hardware only (Qty. 2) supply and shipping case. The unit conforms to Military specifications 810E for water and dust resistance and is shockproof when dropped from approximately 4 feet. The FirstDefender has been independently tested for its effectiveness against chemical weapons b the U.S. Arm . GSA FirstDefender DecisionEngine Software(TM) for the FirstDefender includes mixture analysis capability for DecisionEngine SW + the FirstDefender. The package includes Extended Libraries of materials including certain Extended Libraries (Qty. 2+) Explosives, Chemical weapons, Toxic industrial chemicals, Toxic compounds, and Narcotics. GSA TruDefender FT - TruDefender FT -- Rugged handheld FTIR Chemical identification hardware: no support, Hardware only (Qty. 2+) software or libraries included. Includes one year warranty. The TruDefender runs of off rechargeable batteries (2 included) or off of disposable 123A batteries (12 included). The unit weighs less the three pounds and includes a built in computer. The spectrometer comes with batte char er, AC oser su lies and a shi in case. GSA TruDefender FT DecisionEngine Software(TM) for the TruDefender FT includes mixture analysis capability DecisionEngine SW & for the FirstDefender. The package includes Extended Libraries of materials including Extended Libraries (Qty. 2+) certain Explosives, Chemical weapons, Toxic industrial chemicals, Toxic compounds, and Narcotics. GSA FirstDefender 1 Year FirstDefender initial 1 year Warranty/Support. Includes next day loaner unit under Warrant /Support Q . 2+ Warrant , 24/7 Support and updates to Software and Libraries. GSA TDFT 1 Year Warranty TruDefender FT initial 1 year Warranty/Support. Includes next day loaner unit under /Suport Q . 2+ Warrant , 24/7 Support and updates to Software and Libraries. "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 4 of 7 GSA FirstDefender On-Site Training (Qty On-site Training (expires 9 months after purchase) -- up to 10 attendees per 2+ customer GSA TruDefender FT On-site Training (Qty. On-site Training (expires 9 months after purchase) -- up to 10 attendees per 2+) customer Delivery: 90 days ARO Terms: Net 30 Shipping Terms: FOB Origin This quote is valid for 30 days Please include a copy of this quote with your purchase order Please reference this quote number on your purchase order Please fax orders to 978-642-1133 "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 5 of 7 Unless otherwise expressly agreed in writing, all sales by Ahura Scientific, Inc. d/b/a Ahura Safety Corp. ("Ahura") are subject to the following terms and wnditions: 1. General. These Ahura Corporation Terms and Conditions, all Addenda hereto (if any) issued by Ahura, the accompanying sales quote issued by Ahura or its authorized representative (a "Sales Quote", and collectively, the "Agreement") shall exclusively govern Ahura's sale and license of Ahura products ("Products") to the initial purchaser (the "Buyer"). Any additional terms or conditions (preprinted or otherwise) proposed by Buyer shall not become a part of this Agreement. 2. Price. Unless expressly stated otherwise in a Sales Quote, the price(s) for the Products will be those listed in the accompanying Sales Quote and expire thirty (30) days from the date thereof Unless expressly stated otherwise in a Sales Quote, prices exclude all insurance, freight, federal, state and local taxes, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by Buyer within 30 days of invoice of the same by Ahura. 3. Shipment. All sales shall be F.C.A. (Incotemis 2000) shipping point. Title (except for software in which case Ahura shall retain title) and risk of loss shall pass to Buyer upon the earlier of delivery of the Products to the Buyer or a carver for shipment to the Buyer. Ahura will use reasonable efforts to meet requested shipping dates, but will not be liable for any failure to do so. All shipments will be made at Buyer's risk. 4. Payments. Buyer will be invoiced at the time of shipment of each Product. Except as otherwise agreed in writing by Ahura, Buyer shall pay invoices in full within thirty (30) days of the date of invoice. All amounts not paid when due will accrue interest at the rate of 1.5% per month, or the maximum amount allowed by law, whichever is lower. 5. Limited Warranty. a. Limited Warranty. The limited warranty set forth herein applies only to the Buyer, may be acted upon only by the Buyer, and may not be assigned, sold or transferred to any third parry. Ahura warrants only to the Buyer that, for the applicable warranty period set forth below, the Product shall substantially conform to Ahura's published specifications as of the date of shipment. The warranty period shall be set forth in the applicable Sales Quotation for each Product. The limited warranty herein shall not apply to (i) any Product that has been customized, altered or repaired by any person or entity other than personnel of Ahura or personnel specifically authorized by Ahura, (ii) any Product that has been subjected to abuse, misuse, damage, neglect, or accident beyond Ahura's published limitations for the Product or other causes external to the Products (including, without limitation, environmental conditions and power conditions), (iii) use of the Product in combination with products or software not supplied by Ahura, (iv) any use or operation of the Product other than in accordance with Ahura's then-current published specifications and instructions for the Product, or (v) any non-conformities or defects notified by Buyer to Seller with respect to a Product after the expiration of the applicable warranty period for such Product. b. Remedies. Buyer's sole and exclusive remedy and Seller's sole and exclusive liability for a breach of this limited warranty shall be, at Seller's option, Seller's use of its commercially reasonable efforts to repair or replace the non-conforming Product. If Ahura is unable, after reasonable efforts, to repair or replace such substantially non-conforming Products, Ahura, may, at its sole discretion, elect to refund of an amount not to exceed the actual payments received by Ahura for such Product(s). Buyer shall not return any Product to Ahura without an Ahura-issued RMA number. Shipping costs and the risk of loss for a returned Product shall be borne solely by Ahura, and Ahura shall assume the risk of loss while the Product is in the Ahura facility.. Products that are repaired or replaced by Ahura shall be covered by this limited warranty for the remaining warranty period for such Product. c. Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERETO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCTS. AHURA EXPRESSLY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL) WITH RESPECT TO THE RESULTS OBTAINED FROM THE PRODUCT. AHURA DOES NOT Wt1RRANT THAT THE USE OF THE PRODUCT OR ITS RESULTS SHALL BE UNINTERRUPTED OR ERROR-FREE. 6. Limitation of Liability. a. No Indirect Damages. IN NO EVENT SHALL AHURA (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO BUYER OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS, MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERETO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. BUYER ASSUMES SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ITS USE OF THE INFORMATION AND RESULTS OF THE PRODUCT. b. Limited Direct Damages. AHURA (AND ITS SUPPLIERS' AND LICENSORS') LIABILITY ARISING OUT OF PRODUCTS, THE MANUFACTURE, SALE, SUPPLYING OR FAILURE OR DELAY IN SUPPLYING OF THE PRODUCTS, SERVICES RELATED THERETO OR THE USE, RESULTS OR DISPOSITION OF THE PRODUCTS, WFIETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE PURCHASE PRICE PAID BY BUYER FOR THE APPLICABLE PRODUCT. 7. Intellectual Property; Software. No sale of any Product, and nothing in this Agreement, shall be construed as granting to Buyer any license or other proprietary or intellectual property right applicable to the Products. Buyer may not alter or remove, and shall abide by, any patent, trademark, copyright, trade secret, proprietary or other notices contained on or in the Products. Ahura (and its licensors) retain exclusive ownership of and title to all software installed in the Products ("Software"), notwithstanding anything to the contrary stated herein. Subject to the terms and conditions of this Agreement, Ahura grant to Buyer aroyalty-free, non-exclusive license to use Software only as installed by Ahura in the Product hardware delivered hereunder and solely in accordance with user documentation provided by Ahura. The foregoing license is transferable only upon the resale of the Product in accordance with Section 9. Buyer shall not (a) modify, copy, enhance, malce derivative works of the Software or (b) disassemble, decompile, reverse engineer or otherwise derive human readable code from the Software. Ahura shall have the right to terminate this license upon written notice to Buyer if Buyer fails to comply with any term or condition herein. "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 6 of 7 8. Resale. Subject to the terms and conditions of this Agreement (including, without limitation, Sections 10 and 11), Buyer shall have the right to resell or transfer the Product to any third party (an "End User"), provided that (a) Buyer malces such sale pursuant to binding terms and conditions no less protective of Ahura and the Product than Sections 5(c), 6, 8, this Section 9 (with respect to further resales), 10 and 11, (b) Buyer malces no representation or warranty on behalf of Ahura, (c) Buyer fairly and accurately represents the Product at all times only in accordance with the express statements in Ahura's written documentation, and (d) Buyer ensures that Ahura's user manual and all applicable warnings are delivered to the End User together with the Product. 9. U.S. Government. The use, duplication, reproduction, release, modification, disclosure or transfer of software Products, or any related documentation of any kind (including, without limitation, technical data or manuals), is restricted in accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation 227.7202 for military agencies. The software Products are "commercial items" and commercial computer software and the related documentation is commercial computer software documentation. The use of the software Products and related documentation is further restricted in accordance with the terms of this Agreement and any software license included or provided with a particular software Product. 10. Export Controls. Buyer shall strictly comply with all applicable export laws, controls and regulations. Buyer shall not export, re-export, divert, transfer or disclose, directly or indirectly, any Product or related technical data, materials or documents or any product thereof to any country (or any national or resident thereof) which the U.S. Government detemvnes from time to time is a country (or end-user) to which such export, re-export, diversion, transfer or disclosure is restricted, without obtaining the prior written authorization of Seller and the applicable U. S. Government agency. 11. Miscellaneous. This Agreement constitutes the entire agreement between Buyer and Ahura with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertaldngs with respect to the subject matter hereof. Modifications may be made only in writing, signed by an authorized corporate officer of Ahura. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of law provisions. The U.N. Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Buyer shall not assign this Agreement without Ahura's prior written consent. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and affect. Ahura shall not be liable for failure to perform any of its obligations hereunder by reasons that are beyond its reasonable control, including, without limitation, fire, flood, earthqualce, interruptions in supply, other natural disaster, war, embargo, riot or acts of terrorism. "The technical information contained within these documents are subject to the Export Administration Regulations. Export of this technical information to foreign persons or foreign companies, within or outside the United States, may require prior written authorization by the U.S. Department of Commerce, Bureau of Industry and Security. Contact Ahura Corporation prior to such a transfer" Version 6.20.2008 Page 7 of 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill C. Pyburn, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: March 9, 2009 SUBJECT: AGENDA ITEM 8.,T. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 LEASE AGREEMENT/PALM BEACH COUNTY SCHOOL BOARD/HILLTOPPER STADIUM ITEM BEFORE COMMISSION Lease Agreement for the use of Hilltopper Stadium between the City of Delray Beach and the School Board of Palm Beach County. BACKGROUND The Lease Agreement provides that the City will be able to use the Hilltopper Stadium property for 20 years at a rate of $1 per year with the City to install new bleachers, new sod, new irrigation, and renovate existing restroom facilities, press box, and paint the warehouse storage building (The City Parks Department is still obtaining proposals for these items). The City shall be responsible for all maintenance on the site and shall have the right to use the property for recreational purposes. The City shall pay for all monthly utilities but shall only pay for 1/z of the installation costs of the new underground power lines (1/2 of $40,000.) and 1/z of the installation costs of the temporary power lines (1/2 of $20,000.) to be provided to the site as well as 1/z of the engineering costs (1/2 of $5,350.) and i/z of the survey (1/2 of $3,900) and 100% of the costs of providing a phone line on the site in order to make the elevator in the press box operational (All existing power lines to the site are scheduled to be removed within 1-2 months as part of the demolition work on the site). Therefore, based on estimates to date, the cost to the City for power line installation, engineering, and surveying is about $34,625.00 without the bleachers and sod and without any of the renovation work. Once the School Board constructs the middle school on the site, they have agreed to revisit the issue of monthly utility and maintenance costs. The Village Academy will also be allowed to use the Property for recreational purposes so long as their use does not conflict with that of the City's scheduled programs. The City shall have the right to use the Property as follows: During the School Year Days Times 1. Monday through Friday 4:00 p.m. - 10:00 p.m. 2. Saturday and Sunday 9:00 a.m. - 6:00 p.m. Upon commencement of construction of the new middle school and/or new baseball and softball fields on site, the parties will meet again to discuss the hours of usage during the School Year. During the Summer: Days Times Monday through Sunday 9:00 a.m. - 10:00 p.m. RECOMMENDATION The City Attorney's Office recommends City Commission discretion. LEASE AGREEMENT FOR THE USE OF SCHOOL FACILITIES BETWEEN THE CITY OF DELRAY BEACH AND THE SCHOOL BOARD OF PALM BEACH COUNTY THIS LEASE AGREEMENT dated this day of , 2009, by and between THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA, whose mailing address is 3661 Interstate Parkway North, Riviera Beach, Suite 200 Florida 33404 (hereinafter referred to as "LESSOR") and the THE CITY OF DELRAY BEACH, a Florida municipal corporation, whose mailing address is 100 N.W. 1st Avenue, Delray Beach, Florida 33444 (hereinafter referred to as "LESSEE"). LESSEE is desirous of leasing a portion of a certain School Board facility located on the property Old Atlantic High School, ("Property") located at 2501 Seacrest Boulevard, Delray Beach, FL 33444-4348 on the terms and conditions more particularly set forth as follows: 1. THE PREMISES The specific facility to be leased is the football stadium complex, including the press box building located north of the field, concession stand building located to the north of the field, restroom building located to the north of the field and south parking lot ("Premises") (as described more fully in Exhibit "A" attached hereto). 2. TERM The term of this Lease shall be for twenty (20) years beginning on the date of execution of this Agreement. Rent during the term of this Lease shall be in the amount of $1.00 per year. 3. ALTERATIONS AND ADDITIONS, REPAIRS, MAINTENANCE, AND UTILITIES A. Alterations and Additions to be made by LESSEE: Alterations not listed below may be made from time to time by LESSEE, at LESSEE'S own cost. All alterations shall be subject to LESSOR's approval after review of plans by LESSOR. LESSOR shall not unreasonably withhold approval of same. For purposes of this paragraph,_LESSOR's Chief of Facilities Management shall be authorized to approve or reject LESSEE's alteration plans, without the need for any further approval of LESSOR's Board. The current proposed and contemplated alterations to be made by LESSEE include the following: 1) New stadium bleachers; 2) Refurbishment of the existing restroom facilities to the north of the football stadium field to bring them into compliance with current building code and accessibility requirements; 3) Refurbishment of the existing elevator in the press box building to the north of the football stadium field; field only. 4) Upgrade the sod and irrigation within the confines of the football The LESSEE's failure to make alterations shall not be a breach of this Lease Agreement. LESSEE covenants and agrees that nothing contained in this Lease shall be construed as consent by LESSOR to subject the estate of LESSOR to liability under the Construction Lien Law of the State of Florida, it being expressly understood that LESSOR's estate shall not be subject to such liability. LESSEE shall notify any and all parties or entities performing work or providing materials relating to any improvements made by LESSEE of this provision of this Lease. If so requested by LESSOR, LESSEE shall file a notice satisfactory to LESSOR in the Public Records of Palm Beach County, Florida stating that LESSOR's interest shall not be subject to liens for improvements made by LESSEE. In the event that a construction lien is filed in connection with any work performed by or on behalf of LESSEE, LESSEE shall satisfy such claim, or transfer same to security, within ten (10) days from the date LESSEE received notice of such filing. In the event that LESSEE fails to satisfy or transfer such claim within said ten (10) day period, LESSOR may do so and thereafter charge LESSEE, and LESSEE shall promptly pay to LESSOR upon demand, as additional rent, all costs incurred by LESSOR in connection with the satisfaction or transfer of such claim, including attorney's fees. Further, LESSEE agrees to indemnify, defend, and save LESSOR harmless from and against any damage or loss incurred by LESSOR as a result of any such construction lien. B. Alterations and Additions to be made by LESSOR: The current proposed and contemplated alterations to be made by LESSOR at LESSOR's expense include the following: 1) New baseball field, including turf, backstops, dugout, pitcher's mound, bench, etc. 2) New softball field, including turf, backstops, dugout, pitcher's mound bench, etc. Agreement. The LESSOR's failure to make alterations shall not be a breach of this C. Repairs: All maintenance and repairs shall be undertaken by LESSEE. LESSEE, or any of LESSEE'S agents, shall have the right to enter the Premises during all reasonable hours to undertake such maintenance, and to make such repairs, additions, and alterations as may be necessary. D. Maintenance: LESSEE agrees to perform 100% of maintenance and to assume 100% of the costs of maintenance of the sod and irrigation on the football stadium field, 2 the press box building located north of the football stadium field, the restroom facility located to the north of the football stadium field, the concession stand located to the north of the football stadium, and the bleachers prior to completion of construction of the new middle school and/or the new baseball and softball fields on site. Also, upon commencement of construction of the new middle school and/or new baseball and softball fields on site, the parties shall meet again to discuss the costs of maintenance of the Property. However, if groups other than LESSEE use the Property more than a minimal amount (more than ten (10) times per year in the aggregate), then the LESSOR agrees to meet again so that the maintenance costs are appropriately proportioned for the Property. Each party to this Agreement agrees to clean up the Premises after each use by that respective party at its own expense. E. Utilities: 1) LESSEE agrees to assume 100% of costs of water for irrigation of football field, water for restrooms and concession stands, and electricity for field lighting, press box, restrooms, and concession stand, garbage pick-up. 2) LESSEE shall assume 100% of cost of installation of telephone lines in order to make the elevator in the press box operational. 3) Both LESSOR and LESSEE shall each assume 50% of the actual cost of installing new underground power lines to the Property on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same, which is currently estimated at Forty Thousand Dollars ($40,000.00). 4) LESSOR shall assume 100% of the actual cost of removal of all overhead lines providing power to the Property, which is estimated at Three Thousand, Eight Hundred Seventy Dollars ($3,870.00). 5) Both LESSOR and LESSEE shall each assume 50% of the actual cost of providing temporary power to the Property after the overhead lines are removed but before the underground lines are operational on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same, which is currently estimated at Twenty Thousand Dollars ($20,000.00). 6) Both parties agree that electrical power shall be available and operational on the Property at all times material to this Lease within thirty (30) days of request for same. F. LESSEE shall deliver and surrender to LESSOR possession of the Premises upon the expiration of this Lease, or its earlier termination under the terms hereof. At the expiration of the Lease, all improvements placed on the Premises by the LESSEE shall remain on the Premises. G. LESSEE agrees, at its own cost and expense, throughout the term of this Lease, to comply promptly with all orders, rules, regulations and requirements of every kind and 3 nature relating to compliance with the use of occupancy of the Premises, now or hereafter in force and effect, of Federal, State, School Board or other governmental authorities. LESSEE shall be responsible for obtaining all permits required prior to making any of LESSEE's alterations. 4. DEFAULT AND REMEDIES/TERMINATION A. If LESSEE defaults (a) in the payment of any item to be paid by LESSEE hereunder; or (b) in the performance of any other term, covenant, or condition of this Lease, and such default shall not have been cured within thirty (30) days after receipt of written notice thereof by LESSOR to LESSEE or in the event that such default cannot reasonably be cured within such thirty (30) day period where LESSEE has not commenced and is diligently pursuing the cure of such default; LESSOR may (i) re-enter and take possession of the Premises for the LESSEE's account; (ii) terminate this Lease; or (iii) recover damages incurred as a result of LESSEE's breach. The rights and remedies created by this Lease are cumulative, and are not intended to be exclusive. The use of one remedy under this Lease shall not be taken to exclude or waive the right or use of another, and each party shall be entitled to pursue all remedies generally available under the laws of the State of Florida. B. Either LESSOR and/or LESSEE may cancel this Lease for any reason upon thirty (30) days written notice to the other party sent in accordance with Paragraph 10 herein. In the event LESSEE vacates the Premises for a time period in excess of sixty (60) consecutive days, it shall constitute a default, and LESSOR shall have the right to terminate this Lease and retake the Premises. In the event that LESSOR terminates the Lease prior to the expiration date stated in Paragraph 2, the LESSEE shall have the right but not the obligation to remove the bleachers or any other removable fixtures installed by LESSEE. 5. USE A. The Premises shall be occupied and used solely for recreational purposes as determined by LESSEE (hereinafter "Programs"), and not for any other use or operations. B. LESSEE shall have the affirmative obligation to, and LESSOR shall have no obligation to, monitor, review, and/or evaluate LESSEE's Programs, operations, equipment and/or personnel for safety, standards, compliance with laws, regulations, practices, and/or otherwise. To the extent permitted by law, LESSEE shall insure, hold harmless, and indemnify LESSOR as set forth in paragraph 6 herein including, but not limited to, any and all claims and damages related to its Programs, use and occupancy of the Property and Premises, operations, hiring practices, safety practices, compliance, standards, and practices. C. LESSEE in its use of the Property and Premises shall comply with all current School District of Palm Beach County's Policies including policies, which prohibit use, or storage of alcohol, drugs, and firearms and LESSEE agrees to cause its invitees to conform. A copy of said policies is incorporated herein by reference and may be viewed at www.palmbeach.Kl2.fl.us/policies. It shall be LESSEE's responsibility to comply with all School Board policies as they may be modified from time to time during the Lease Term. 4 D. The following activities shall be strictly prohibited and failure of LESSEE to comply shall be grounds for termination of this Lease. i. Discrimination against any person on the basis of race, religion, national origin, age, sex or sexual orientation unless specifically exempted from compliance herewith by Federal law or Federal regulation. ii. Any activity in which open flames are used. iii. Any activity involving the use of fireworks or explosives of any nature. iv. Possession, sale, use or consumption of intoxicating beverages. v. Smoking inside any building. vi. Use of any Premises beyond the posted maximum capacity of the Premises. E. If the Premises or any portion of Property is damaged by the act of LESSEE, or of LESSEE's agents, employees, patrons, contractors, guests, invitees or any person admitted to the Premises by LESSEE, LESSEE shall pay to the LESSOR, upon demand, such sum as shall be necessary to replace, restore or repair the damage to its original condition. LESSEE hereby assumes full responsibility for the character, acts and conduct of all persons admitted to the Premises or to any portion of the Property by the consent of LESSEE, and LESSEE agrees to have on hand for all games, at its own expense at least one (1) security guard and such additional officers as is deemed necessary to maintain order to protect persons and property. Failure to supply proper security and supervision shall result in immediate termination of this Lease. F. LESSEE shall not post or exhibit or allow to be posted or exhibited signs, advertisements, lithographs, posters or cards of any description on the Premises or any portion of Property except upon the express written permission of the LESSOR If permission is granted for the use of such posters or cards, it shall be only for such a period of time as designated by the LESSOR. LESSEE shall not use or permit to be used any instrument that would result in the extraordinary consumption of utilities that is not customary to the primary intention of this Lease, including but not limited to klieg lights and water cannons. G. LESSEE understands and hereby specifically agrees that LESSOR does not furnish any house staff, technicians, nor provide any services, seating setups, equipment, materials, or custodians unless otherwise provided for in this Lease or requested in writing by LESSEE and approved in writing by LESSOR. H. LESSEE shall be responsible for ascertaining whatever licenses or permits are necessary to be obtained under existing Federal, State or local laws, rules or 5 regulations. LESSEE agrees to indemnify the LESSOR for any expenses incurred as a result of failure of said licenses or permits, including, but not limited to fines, damages collected against LESSOR or LESSOR's agents, any attorney's fees or court costs, and for any expenses incurred as a result of LESSEE's failure to otherwise satisfy any regulations. L LESSOR agrees to make the Premises available to LESSEE in accordance with the prescribed procedure and conditions set forth herein. LESSEE may use the Premises without prior approval on the days and times herein provided: During the School Year Davs Times 1. Monday through Friday 4:00 p.m. -10:00 p.m. 2. Saturday and Sunday 9:00 a.m. - 6:00 p.m. Upon commencement of construction of the new middle school and/or new baseball and softball fields on site, the parties shall meet again to discuss the hours of usage by LESSEE during the School Year. During the Summer Davs Times 1. Monday through Sunday 9:00 a.m. -10:00 p.m. J. Additional use of the Premises by LESSEE is allowed so long as ten (10) days advance notice is given to LESSOR in accordance with Paragraph 10 and the additional use does not conflict with any of LESSOR's programs or activities. Both parties agree to meet prior to the completion of construction of the new middle school on site in order to determine and agree on revised days and/or times of use, if necessary. LESSEE recognizes that LESSOR has granted permission for The Village Academy to utilize the Premises for recreational purposes and LESSEE agrees to work with The Village Academy to coordinate the scheduling of all games and practices so as to avoid any scheduling conflicts. If the Premises is destroyed for any reason, LESSOR agrees to permit LESSEE to continue to utilize the newly refurbished and/or replacement Premises in accordance with the terms of this Agreement. 6. INDEMNIFICATION LESSEE recognizes its liability for certain tortious acts of its agents, officers, employees, and invitees to the extent and limits provided in Section 768.28, Florida Statutes, for the period of time that LESSEE is using LESSOR's Premises provided, however, that this provision shall not be construed as a waiver of any right or defense which the LESSEE may possess, and it reserves all such rights against any and all claims that may be brought against it under this Lease Agreement. 6 7. ENVIRONMENTAL MATTERS A. Radon Gas Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing maybe obtained from your county public health unit. The LESSOR has not undertaken any independent study of the radon levels in the Premises. The above notice should not be construed or interpreted as a notice that the Premises are exposed to quantities of radon which pose a health risk. The notice is included in this Lease simply because radon disclosures are now required in all leases pursuant to Florida law. B. Hazardous Substances LESSEE acknowledges that LESSOR has disclosed that to the best of LESSOR's knowledge, certain Hazardous Materials, as hereinafter defined, are or may have been stored, used, maintained, released, or disposed of on the Property and Premises. LESSEE covenants and agrees that LESSEE shall not store, use, maintain, release, or dispose of Hazardous Materials on the Property in violation of any federal, state, or local law, ordinance, rule, or regulation to the extent permitted by Section 768.28, Florida Statutes. LESSEE shall indemnify, defend with counsel acceptable to LESSOR and hold LESSOR, The School Board of Palm Beach County, and their directors, officers, employees, invitees, and agents harmless from and against any claims, damages, costs and liabilities arising out of any Hazardous Materials on, under or about the Property which may have existed prior to or which may have occurred subsequent to the commencement of this Lease. For the purpose of this Paragraph, Hazardous Materials shall include but not be limited to asbestos as well as substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sec. 9061 et seq.; Hazardous Materials Transportation Act, 49 U.S.C. sec. 1802; and Resources Conservation and Recovery Act, 42 U.S.C. sec. 6901 et seq.; and those substances defined as "hazardous wastes" in any applicable state statutes and in the regulations adopted and publications promulgated pursuant to said laws. Failure to comply with the conditions contained herein shall constitute a default under this Lease. LESSEE further agrees to remove, maintain, and or remediate any hazardous condition known or unknown caused in whole or in part by LESSEE, at its sole cost and expense, including but not limited to fines, liens, cost of remediation, studies, reports, and or third party claims or actions or enforcements by any state, local, federal agency with jurisdiction. 8. COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT The LESSEE agrees to identify to the LESSOR any disabled participants at pre- qualification but no later than 14 days prior to the first use of the Premises. Either the LESSEE, or the disabled individual(s) or their designee(s), will arrange to visit the site and meet with a school administrator no later than 7 days prior to the first use of the Premises. At that time, the LESSEE or the disabled individual(s) or their designee(s) will identify any accessibility issues that would interfere with the full use of the Premises and enjoyment of the planned activity. If an accessibility issue is identified, nothing herein shall require the LESSOR to make such improvements and the LESSEE agrees to accept the Premises in its "as is" condition. Failure of 7 the LESSEE, the disabled individual(s)or their designee(s) to identify accessibility issues or to meet the time constraints herein, signifies that the Premises' accessibility is considered to be adequate by the LESSEE and/or the disabled individual(s). The LESSEE agrees to indemnify and hold LESSOR harmless from any and all matters resulting from its use of the Premises as it relates to the Americans with Disabilities Act of 1990, the Americans with Disabilities Act Amendments Act of 2008 or the Florida Americans With Disabilities Accessibility Implementation Act including any accommodation arising from the use herein. 9. MISCELLANEOUS A. Notwithstanding anything to the contrary contained in this Lease or any other writing, proposal, grant, or document of any nature whatsoever, LESSOR is not a joint venturer or partner with LESSEE in its Programs or any other use or activity conducted by LESSEE. B. No waiver by LESSOR or LESSEE of any breach of any provision contained in this Lease shall be deemed to imply or constitute a waiver of such provision, or of any subsequent breach of the same or any other provision herein contained, including but not limited to the acceptance of Rent. No provision of this Lease shall be deemed to have been waived by LESSOR or LESSEE, unless such waiver is in writing ad signed by the party waiving the provision. C. If any clause or provision of this Lease is or becomes unenforceable or otherwise invalid, the intention of the parties hereto is that the remaining parts of this Lease shall be and remain in full force and effect. D. The respective rights and obligations hereunder shall inure to, and be binding upon, the respective distributees, legal representatives, assigns, grantees and successors in interest of LESSOR, and shall also inure to, and be binding upon, the permitted assigns and successors in interest of LESSEE. E. This Lease shall be construed in accordance with the laws of the State of Florida. Should any litigation arise from this Lease, venue shall lie in Palm Beach County, Florida. F. This Lease shall not be construed against the party who drafted the same. All parties to this Lease have obtained legal counsel of their choosing to determine the adequacy of this Lease. G. This Lease contains the entire understanding of the parties. LESSEE acknowledges that any representations, statements or negotiations made by LESSOR, its agents or employees, do not suffice to legally bind LESSOR in a contractual relationship unless they have been reduced to writing, authorized, and signed by an authorized representative of LESSOR. The rights and obligations of each party pertaining to the football stadium field only as contained in the Interlocal Agreement between the School Board and City dated July 26, 2006 and all amendments hereto are hereby superseded by this Lease Agreement. This Lease may not 8 be modified except in writing executed by the authorized representative of both parties hereto, their successors and/or assigns. H. LESSEE shall not be permitted to assign or sublease the Leased Facilities nor any portion thereof without prior written LESSOR approval, and the LESSOR reserves the right to approve at its sole discretion, which approval maybe unreasonably withheld. L LESSEE further acknowledges and agrees that LESSOR may lease portions of the Property other than the Premises to third parties from time to time in LESSOR's sole discretion as to location, use, and occupancy. J. The captions herein are for convenience only and shall have no substantive meaning. K. Both LESSOR and LESSEE shall each assume 50% of the actual engineering costs on a reimbursable basis with LESSEE reimbursing LESSOR within thirty (30) days of request for same, which is estimated at Five Thousand, Three Hundred Fifty Dollars ($5,350.00). L. Both LESSOR and LESSEE shall each assume 50% of the actual Property Survey costs on a reimbursable basis with LESSOR reimbursing LESSEE within thirty (30) days of request for same, which is Three Thousand, Nine Hundred Dollars ($3,900.00). 10. NOTICES Any notice given pursuant to the terms of this Lease shall be in writing and hand- delivered or sent certified mail return receipt requested. All notices shall be addressed to the following: As to Lessor: School Board of Palm Beach County Office of Chief Counsel 3300 Forest Hill Boulevard West Palm Beach, FL 33406 With copies to: Chief of Facilities Management 3300 Forest Hill Boulevard West Palm Beach, FL 33406 As to LESSEE: City of Delray Beach Susan A. Ruby, City Attorney 200 N.W. 1st Avenue Delray Beach, FL 33444 9 With copies to: Linda Karch, Director of Parks and Recreation City of Delray Beach 5 0 N. W. 1st Avenue Delray Beach, FL 33444 11. DISPUTE RESOLUTION In the event an issue arises which cannot be resolved between the Board's Chief of Facilities Management and the City's Director of Parks and Recreation regarding a matter contained within this Lease, the dispute shall be referred to the Board's Chief Operating Officer and the City's City Manager who shall both make a good faith effort to resolve the dispute. NOW THEREFORE, the parties hereto have affixed their signatures on the day and year first above written. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA By: Approved for Form and Legal Sufficiency: School Board Attorney ATTEST: City Clerk William G. Graham, Chairman ATTEST: By: Arthur C. Johnson, Ph.D. Superintendent CITY OF DELRAY BEACH, FLORIDA By: Approved as to Form: City Attorney Rita Ellis, Mayor 10 a,""°"~ siadda~q p~ sto~an.ms ... siaa~n~ •"~„"„ ~ s ~ ~ ~ ~ $ g o a ~a~~ `~~a~a~a~S P~ ~aeEa~ - IaI[ag ; 4, n = ~ ~ ~ ~ ~ ~ ~ ~ ~ a H ~a Alll,pr,~ ~~ a altl•~g _ ~ ..~ 1 ~'i0~ ~ a +py3ld1A d J9Op~M0ld yr ~ /'MIM'IWgn F bt m ~ ~- ~ ~ ~~@ ~" Ede g S~h a' gve $~€~ Zt ~~~ 3~ ~~ 64 ~= ~~~ Y 2 S ,~ i ~ : d ~ ~ m ~ ~~ '~S ~~ ; as P ~~a b A ~_ ~3~ ~ e e ~~~ °a ~_~ I _; ~~e ~~a ~_ ~~ ` ~~z ~ ' a :~~~ o z~ e ~ ~ ~~ ~~ ~ e ~ eve s ~~e €_ @~ F't ~ W~~:dn~~:~n~~ AbA~}~~ll/ 0~ ~~070 ~~ Q7lgb3 ~R10'(i "Tf x Y f N~ U O Z g < U Q ~~ ?~ ~ awn~noals~ves w ~ ~t G am Z ag ~~ ~~ i C „° ~ ~ xy ~ <~` yy s ~ ~ 6~~~ ~~~ ~ SaoA ~~~8 ~~~°~ = s~ a~~~g ~~; ffi~ d ~a~ t ~_ ~.~~~a~ ~~~~~ 3 ~~ ~ fl ~~4_ ~ i~~w„ ~~ A mai.esr~ ' ...~ IIII ~~$ ~~ ~4 ~~g~ ~ I ~~~ 5~ ~ i ~ ~ „q rld€ ~~3Ff3?~ a, txAf ;~~ sY ,o s~$N®3„4t~3a~~. .~a>g~ .5376-~ ~$_ ~ ~ ~ ~~ ~ I~ ~~~ ~~ a n~ ~~ m& Ya ~~~ ~' .~ es ~k ~~ er 5~~ _ I 2 Y ~y w ~ ~u ~$=I i~~ ~$~ r g 80 ~ p ~ ~ ~ ~ ~~ ~ ~ W 3~~ ~ ~ ~ ~ ~@k~ ~ ~ ~~~~~~~ }moo O ~~~~ a,~a F~n~~.ratRtf°' = z ~ W m V J ~ 4 ~~ ~~~~~ a ~ ~ a~a s~~~~€ ~@~g s ~ ~~C[ac~b~~H3i~~~Gd~~~d~~~S a~F~~~~a ~~@aaeo~da~aE~$~d€3Zae~8T8G~:~a~~e~ I ~~ ~d~ ~ ~ ~ ~~~ ®~ a 54S~~~i ~ ~~~m~ef6 $ ~ ~~ r, ~ ~~ ~ ~ ~< J ~6~_ q~3~ ~ ~ ~ ~ ~F u r i ~d~~ X ~ ~~ ~ ~ Sabi d ~ ~ ~~ ,~~~ a $~ ~ ~ ~ ~ ®~ ~tl! ~ 9n ~ ~~~~ ~ ~~ ~~~ Q~ ~~ ' ~~g~~ 0€ Fe ~~~ ~a ~~ ~ A ~, I ~ I 1 ~~ ~ ~~ ` e~ ~ ~~ ~~ ~ a~ ~I ~ ~ ~ ~ ag i ~~ ~~ ~_~ I ~ ~ ° gi~ r I ~ € ~g~~ ~ ` I ~s~~s ~~~ ~ g$~ o =j '~ ~~ O~ ~~ ~~ ~a a ~s @ ~ g ~ ~~ ~ ~~ ~~ ~~~ ~ ~ ~~ ~~~ ~_ ~a ~ ~a ~s °~~ ~ ~~ ~~ ~~ ~ §~ ~ ~ ~ ~~a ~ ~~ ~ 8 ~~ ~Q~ 4~ ~~~ ~~ ~§§~~ a~~ B ~~ ~ ~ ~ 4 ~ s q a g ~~ z 3~ 8 g y~ Q~ F 3 ~ o g ~~8~ e J qm W V = °~ o°ap 6V7 ~0~~ `o~>~ K~~= 6 ~ O~~S s2~~ m`o~ ~m S~_ ~,m~: U 6 6 F 6 ~_ J O J ~S ~~ Y ¢~ 6 d~ ~~ mg~ ~ LEGAL DESCRIPTION: PARCEL 1 (HILLTOPPER STADIUM) A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARTE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CORNER LYING EXHIBIT «A~~ ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE S07°48'11"W ALONG SAID WESTERLY RAILROAD RIGHT OF WAY FOR A DISTANCE OF 682.32 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S07°48'11 "W ALONG SAID WESTERLY RAILROAD RIGHT OF WAY FOR A DISTANCE OF 359.96 FEET TO A POINT ON THE NORTH LINE OF THE PLAT OF SEACREST PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING FROM SAID RAILROAD RIGHT OF WAY S89°15'15"W ALONG THE NORTH LINE OF THE SAID PLAT OF SEACREST PARK FOR A DISTANCE OF 627.55 FEET; THENCE DEPARTING FROM THE NORTH LINE OF SAID PLAT N02°31'00"W FOR 157.48 FEET; THENCE N03°36'19"W FOR 123.68 FEET; THENCE N88°11'55"E FOR 21.51 FEET; THENCE N00°58'01"W FOR 65.18 FEET; THENCE N89°33'07"E FOR 43.05 FEET; "THENCE N43°35'42"E FOR 29.08 FEET; THENCE N01 °01'17"W FOR 83.08 FEET; THENCE N88°39'25"E FOR 51.73 FEET; THENCE N01°59'25"E FOR 6.62 FEET; THENCE N86°42'23"E FOR 23.31 FEET; THENCE S00°44'15"E FOR 13.30 FEET; THENCE N89°13'05"E FOR 82.60 FEET; THENCE S00°43'55"E FOR 18.58 FEET; THENCE N89°16'05"E FOR 117.14 FEET; THENCE S00°43'55"E FOR 23.79 FEET; THENCE N89°16'05"E FOR 136.00 FEET; THENCE S00°43'55"E FOR 46.67 FEET; THENCE N89°16'05"E FOR 196.82 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 6.02 ACRES OF LAND, MORE OR LESS. AND LEGAL DESCRIPTION: PARCEL 2 (PARKING AREA) A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER (SW'/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE PLAT OF DE CARTE SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 24 AT PAGE 102 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF THE FLORIDA EAST COAST RAILROAD; THENCE S07°48'11"W ALONG SAID WESTERLY RAILROAD RIGHT OF WAY FOR A DISTANCE OF 1042.28 FEET TO A POINT ON THE NORTH LINE OF THE PLAT OF SEACREST PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 24 AT PAGE 33 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE DEPARTING FROM SAID RAILROAD RIGHT OF WAY S89°15'15"W ALONG THE NORTH LINE OF THE SAID PLAT OF SEACREST PARK FOR A DISTANCE OF 627.55 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S89°15'15"W ALONG THE NORTH LINE OF THE SAID PLAT OF SEACREST PARK AND THE WESTERLY EXTENSION THEREOF FOR A DISTANCE OF 911.29 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD; THENCE N01°05'18"W ALONG THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD FOR A DISTANCE OF 70.43 FEET; THENCE DEPARTING FROM THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD N88°03'08"E FOR A DISTANCE OF 76.57 FEET; THENCE N78°24'25"E FOR 24.72 FEET; THENCE S78°19'23"E FOR 25.59 FEET; THENCE N88°36'35"E FOR 61.63 FEET; THENCE S32°40'13"E FOR 25.83 FEET; THENCE N89°15'21"E FOR 189.55 FEET; THENCE N83°49'16"E FOR 68.71 FEET; THENCE N79°46'54"E FOR 64.46 FEET; THENCE N63°51'04"E FOR 40.52 FEET; THENCE S54°34'58"E FOR 23.41 FEET; THENCE N45°00'21"E FOR 22.82 FEET; THENCE N36°37'23"E FOR 71.41 FEET; THENCE N89°52'06"E FOR 65.44 FEET; THENCE N00°55'55"W FOR 15.26 FEET; THENCE N89°22'58"E FOR 203.65 FEET; THENCE S02°31'00"E FOR 157.48 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE WITHIN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 1.92 ACRES OF LAND, MORE OR LESS. MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri13, 2009 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 FEDERAL GRANT REQUEST/NOAA ITEM BEFORE COMMISSION Submittal of a federal grant request to NOAA to fund coastal dune habitat restoration of the City's three mile coastal pioneer and strand/scrub zone and repair and restoration of the maritime hammock ecosystem in the five acre Atlantic Dunes Park. BACKGROUND Delray Beachhas three miles of restored shoreline and dune along the entire coast of the municipal City limits. During the early twentieth century, construction of a series of navigational inlets up drift on the east coast of Florida contributed to starvation of the natural littoral sand transport. Resultant critical erosion occurred in the fifties and sixties with almost complete loss of the natural one mile of public beach, damage to State Rd. AlA, an essential storm evacuation route, and exposure of two miles of private residential shoreline to storm threat. Beach Restoration in 1973 and subsequent renourishments have reestablished a shore normal beach width of 225 to 280 feet. A series of public and private dune restoration projects have since created a stable and functioning pioneer zone dune over the entire length of the City shoreline, which has captured a high volume of windblown sand. Shore normal width of this pioneer dune is typically 165 feet and windblown sand accretion has raised a fore dune ridge with elevations to 8 feet above the engineered beach elevation, creating a back dune swale suited to establishment of succesional coastal strand species. The City and a few private owners have since carried out limited secondary dune enhancement programs designed to remove invasive exotic plants, restore the coastal strand complex, establish functioning populations of rare and listed species, and eliminate upland lighting which could impact nesting marine turtles and hatchlings. The proposed project would expand upon and complete the restoration of a three mile coastal pioneer and strand/scrub zone and repair and restore the maritime hammock ecosystem in the five acre Atlantic Dunes Park. Major Project Components: . PublicBeach Area: Remove exotics and restore a 30 foot shore normal coastal strand zone, with rare and listed species populations, integrated with the upland margin of the existing pioneer zone, along State Road AlA. • State/Private Lands Area: Remove exotics and restore a 30 to 40 foot shore normal coastal strand zone with rare and listed species populations, in the established pioneer zone swale. . AtlanticDunes Park :Remove exotics to open up areas previously populated by listed species, restore strand and maritime hammock habitats with genetically appropriate materials, and establish a publicly accessible coastal native species educational venue. The grant request for these tasks is $687,147. These are federal funds and there is no required local match. RECOMMENDATION By motion, approve, after the fact, submittal of the Federal Grant request for $687,147 for Coastal habitat restoration. MEMORANDUM TO: Mayor and City Commissioners FROM: Cerina Anderson, CCR Program Manager Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: Apri13, 2009 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 FUNDING APPLICATION FOR CCR-WEED AND SEED ITEM BEFORE COMMISSION Coalition for Community Renewal (CCR) staff requests approval after the fact of the submission of the attached Letter of Inquiry, Scope of Service and 2009 - 2010 proposed budget requesting continued funding support from the PBC Criminal Justice Commission through the Federal Byrne/JAG grant program from the federal economic stimulus plan. BACKGROUND The City is requesting $100,000.00 in funding for Year 1 (FY 09-10) for the City of Delray Beach's Coalition for Community Renewal /Weed and Seed initiatives. The additional funding will sustain services outlined in the subsequent scope of work for 2009-2010. FUNDING SOURCE PBC Criminal Justice Commission -Byrne/JAG grant RECOMMENDATION Staff requests approval of the Letter of Inquiry which has been submitted to the Palm Beach County Criminal Justice Commission requesting continued funding support through the Federal Byrne/JAG grant program. ~'~~ACN cOG • ~ • ORI~~ Criminal Justice Commission 301 North Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 FAX: (561) 355-4941 www.pbcgov.com/cjc ^ Palm Beach County Board of County Commissioners Jeff Koons, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Shelley Vana Mary McCarty Jess R. Santamaria Addie L. Greene County Administrator Robert Weisman ~, ~,;-r ' ~ ~``' I'ELf~JjR:1T10~ ~rahY~r~ `An 6'quat Opportunity Affirma[rve Action Employer" MEMORANDUM TO: All interested parties FROM: Michael Rodriguez, Executive Director, Criminal Justice Commission DATE: March 25, 2009 RE: Byrne/JAG stimulus/recovery funding The Criminal Justice Commission (CJC) allocates Byrne/JAG federal grant dollars as directed by the Palm Beach County Board of County Commissioners. For the next fiscal year additional dollars through two separate grant opportunities are being made available through the Federal Recovery Act. One of the grants is for 1.2 million dollars over the next three years. We do not know the amount of the second grant which will cover one year. The CJC Finance Committee has directed CJC staff to distribute the attached "letter of inquiry" (3 pages) as widely as possible to solicit inquiries from agencies that may have a proposal that falls within the grant's purpose areas. The broad purpose areas that maybe considered are: - Law enforcement programs. - Prosecution and court programs. - Prevention and education programs. - Corrections and community corrections programs. - Drug Treatment and enforcement programs. - Crime victim and witness programs (other than compensation). The recovery dollars have an additional performance measure that is required. Specifically each grant needs to account for the "number of jobs saved (by type) due to recovery act funding" and "number of jobs created (by type} due to recovery act funding". Please keep these requirements in mind if you decide to submit a proposal. printed on recycled paper ~'~~ACN cOG 2 ORI~~ Criminal Justice Commission 301 North Olive Avenue, Suite 1001 West Palm Beach, FL 33401-4705 (561) 355-4943 FAX: (561) 355-4941 www.pbcgov.com/cjc ^ Palm Beach County Board of County Commissioners Jeff Koons, Chairman Burt Aaronson, Vice Chairman Karen T. Marcus Shelley Vana Mary McCarty Jess R. Santamaria Addie L. Greene County Administrator Robert Weisman i ~ ~i~\111L L'ELEBiI.I'I'1~1'V ~~ ':9n Equal Opportunity Affirmative Action Employer" There is still much unknown about the overall county budget process as it relates to CJC funding in other categories that could impact grant decisions. Due to the rapid turnaround time for the 1.2 million, we need any interested parties to submit their two page letter of inquiry, and one page budget summary form, to the CJC by the close of business on Friday, April 3, 2009. I am requesting that you please email, fax, hand deliver submissions to: Arlene Burton Criminal Justice Commission 301 N. Olive Ave. #1001 West Palm Beach, FL 33401 Phone: 355-2135 Fax: 355-4941 Email: aburton(a,~bc ov.or Thank you in advance for your cooperation and participation in the process. Lastly, please feel free to forward this information on to anybody you may think might be interested. Michael Rodriguez Executive Director, Criminal Justice Commission printed on recycled paper est Atlantic Avenue Bch State: Florida Zip: 33444 ~~De{ra~rf3each.com Fax Number: (561) - 243 - 7F Cerina Anderson Title: Program Manager X43 - 7632 Email: And ersacci.del rav-~ )RMATlON ~ted: $225,000 + Total Project Budget: ~f Support for Project: City of Delray Beach iding Requested: Three (3) years; l0/1/2009 -09/30/2012 r Purpose: Coalition for Community Renewal :h Police Department is committed to protecting the life, prop resolving issues and promoting peace in our community ~d ensuring the continuous professional development of our o tion: immunity Renewal (CCR} formerly Delray beach Weed & 5 pity based initiative, which aims to prevent and reduce crime yes a two-pronged strategy to revitalize communities: ent agencies and community prosecutors to "weed" out crime s to "seed" targeted neighborhoods. over thirty (30) community partners strives towards impleme _ _ . _ __ ® ® ® i ^ ^ E i K r E ~ s - '- r ~- r ics- -- c - o r - r -- weeding efforts to reduce Part 1 Crimes (Breakdown attachE c ET 2 3 4 6 7 8 9 1 17 12 ay Beach currently provides a program match in the farm of p refits, and miscellaneous costs for the Program Manager. ~t the City of Delray Beach will supplement the cost of remai propose a supplement in the amount of $25,000 for FY 2~ X50,000 for FY 2011-- 2012. Thereafter, this initiative will be i each through Law Enforcement Trust Funds ~LETF~ and ForfE ion: Persons residing within the City jurisdiction of Delray Oeac ~a to be Served: South Ocean boulevard West to Military Trai! Linton Boulevard North to C15 Canal .~ Signature dl' ` j p Date ~. C ~` ~5 ~, ~I', C rt e. ~ e, ~ for y r ~ (}~' M L~ ? / ~~`" ~y 2 Jobs retained through funding assistance: 2 e-entry project was developed collaboratively by the thi sites with Goodwill acting as the provider for these sere ~, benefits, training, substance abuse treatment, anc ~ose as barriers to employment. The case manager will ~ services for those ex-offenders reentering the seedinc ~e not limited to: training, substance abuse treatment, ai nds will ,also be allocated for staff salary, benefits, miscellaneous supplies required for 'the position. on a reimbursement basis and monthly statements /ocational Charter School SPIT: G1,02) 2 Jobs retained through funding assistance: 2 t, charter school provides training in automotive repai ~~on for at-risk youth. In August 2005, the school moved its. capacity to 100 youth. Services are provided through i to the Palm Beach County school calendar. This provic e assistance of a social worker. The social worker wi ;pth individual and group support to the at-risk youth in ; :sted funding is to support a .portion of the social worker on a reimbursement basis and monthly statements ~inq After School Sessions !CLASS) Ima}. The program is the brainchild of two Delray B ;rs who offer activities designed to build relationships ~ntly, the program offers free, weekly Karate lessons prc dition to the Karate lessons, the program schedules - contest, and 2 Holiday parties. Over 100 youth have ~ a core group of approximately 50 participate on a regular gays all salary and benefits for the officers associated wit project. Funds are needed for facilitator training (at year}, volunteer stipends and miscellaneous supplies niforms, tournament fees (for competitions), refreshmer test. on a reimbursement basis and monthly statements PROGRAMS, SUPPLIES AND TRAINING ;vents MCP: G2,01) munity events are planned throughout the year. Weed & gem in order to garner community support and educatE Jeed and Seed. Events promote community awarenE rational opportunities for community and youth parti Id in -the seeding area itself. These events include but are Prevention Summit (sponsored collaboratively by W i Police Dept., and Head Start), FCAT Tutorials and :tworks and an annual Back to School Bash. Funds will h ~eous supplies for the events. ~aininc~ t i~rc: ~ i ,v~,~ proximate) Ord members and one staff to the annual Neighborho~ tion: $150 x 3 450 6250 x 3 750 )0 / night x 4 nights x 3 people = 1200 n: $38/day x 4 days + Incidental ($50) x 3 people = 610 (rounded fig 1;010 nmunity members and one staff too the regional / statewi~ ~g Crime in the Black Community conference ~tion: $600 ~ 1000 19/night x 2 nights x 2 people x 2 conf. _ $952 (rounded figure) n: $38/day x 2 days x 2 conf x 2 people = $304 (rounded figure) als$50x2x2=$200 3,056 (rounded figure) nmunity members and one staff to the regional / statewic itional Conference and/or Initiative Training ition: $600 $1000 19/night x 2 nights x 2 people x 2 conf. _ $952 (rounded figure) n: $38/day x 2 days x 2 conf x 2 people = $304 (rounded figure) als$50x2x2=$200 3,056 (rounded figure) and Mentoring Program -Helping Youth Pursue Ems rk for six (6) weeks during the summer. Participants will per day, five days per week, Monday through Friday. W nn~ wild hP fac:ilitatP~ by I~r~al vn~~th ac~v~c:atPS anc~ vPnc~~ OIOIO~OIQ I '.~ r ~.. ~] -. t-i 'V z -.. y 3 E .. i ~' ~ ~ ~ ~ ~i ~ r-1 ~ ti ri C.1 s.. U i -_Y. '*~ MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUEBED RACE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art and Jazz on the Avenue and Bed Race scheduled for May 7, 2009 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7d' Avenue, to the alleys north and south of Atlantic on NE/SE 1St Avenue, NE/SE 2nd Avenue, SE 3rd Avenue, NE/SE 4th Avenue, and NE 2nd Avenue from NE 2nd Street to NE 3rd Street to authorize stage use and staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, budget, site plan and Certificate of Insurance for this event received from Marjorie Ferrer. This year the Bed Race is being combined with Art and Jazz. The estimate of overtime cost for this event is $7,465. Cost for the barricade rental is estimated at $400 and stage rental is $265. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for overtime costs over $1,000 and stage and barricade rental. The estimated charges for this event are $3,275. This event is sponsored by the Sun Sentinel. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as requested, including barricades and stage, with payment of costs to the City per the agreement between the City and the Downtown Marketing Cooperative, contingent on receipt of a proper Hold Harmless Agreement. City of Delray Beach Special Event Permit Application DELRAY $EACM +~ ~ ~-,~~ ; l r .~ ~~~ ~O ~~`~~s , < ~,~DO +Q T ~ PLEASE TYPE OR PRINT y~~~qr `~ 1 ~~~ FS ~V~r ~oo~ Event Name/Title: ~' ~`~i~ Event Date(s): ~ ~ ~ Times: ~ ~~ ,~ Event SponsorlProducer: Event Contact/Coordinator: Brief History of Event (If applicable): Planned Activities (Outline of activitieslnumber of ctivities, i.e. entertai m nt, children's ides, games, other programs): Number of Individuals Served Previous Year (if applicable):. a~T• ~,~.,Lru r Describe the }(argeted population and expected attendance: ~ 11(101111 ~, ~I ~~AF/Y ~~wA?.A r. ~_.__......_awn~ . 1..,.. ~.Lt Name: Address: Telephone Number: ~ x Cellular Number: M E-mail Address: rYlat",Or'1'P. _ ~!ri/~~.,rttr~•~ Describe your Marketing/Promotions Program (How wil you radio, posters„flyertc„web sites, other}; i.e. TV, Sponsor Category {please check} City ^Non-Profit/Charitable ^ Private ^ Co-Sponsor -Non-ProfitlPrivate ^ (If Non profit attach proof of SOlc(3), c(4), c(6), C(IO), or c(l9) or (d) , vent Location (Describe ar~a~oundaries of event/location): i~1f4. CAl~1r`$~.."'~i S ~+IOU,~ rl Q o~:~ ~rN. r Site plan attached: es no (Site plan required for entire event site. Include locations of tents, stage, portalts, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no_~ (If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owner} r.. / Event budget attached: yes ~\ 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 (indicated on budget) Do you have inkind sponsors for the event: yes ~ no {Indicated on budget) no t C:1Dacuments and 5ettingsll,isill]esktaplSpecial Event Permit Application FINAL 9.6.47.doc Serving or selling alcoholic beverages: yes no~_ (If yes, copy of license and alcohol liabildty 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: yes \ no {Waiver required) Will there be entertainment: yes no (If yes, attached list of Performers and/or DJ s) if yes, sponsor agrees all entertainment will be mily oriented and contain no obscenities: yes no Requesting Police assistance: yes~~_ no (traffic controllsecurity) Will supplement with private security: yes no {If yes, need plan attached) ~/ Requesting Emergency Medical assistance: yes___ _ /~ no Requesting barricade assistance: yes` no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes_~ no ~ ~ C Requesting trash boxes/containers and liners: yes_~ no Requesting stage use: yes ~^- no {If yes, check type) Large stage (14' x 36') o Small stage (16' x 21') ~ Half small stage (S' x 21') ^ Requesting signage: Type: 4'x4'Event sign Banner hanging (Waiver required if mare yes no Parking Signs_ Indicate dates one wee nriar to Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes yes yes ~'~4doyC pear no~ no~ no C:IDocuments and SettingslLisilDesktoplspecial Event Permit Application FINAL 9.6.D7.doc v Other vendors: (Indicate type) yes no Tents: yes~~ no If yes, How many What size or size required (If yes, tent permits and fire inspections may be needed) Will the event include amusement rides: yes no~ (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no Will there be a charge far the event: yes no_„~ (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no_~ (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no~ (If yes, contact Fire Marshal for inspections) Will you be providing port-a-lets for the event: yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no (If yes, indicate locations and purpose for use) Event Permit Attac ments: ~Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate _~Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Bloclc Party 30 days prior to event C:1Documents and 5ettingslLisilDesktoplspecial Event Permit Application FINAL 9,6,07.doc Event Contractor/Co din to • ~~ Date Please print•_~ . ~ Please enclose the appropriate non-refundable applicat~,on fee payable to the City of Delray Beach, 100 N.W. lgt Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only ~. Date Received ~ Application fee received $ ,.~ C:1Documents and SettingslLisilDesktoplSpecial Event Permit Application FINAL 4.6.07.doc i ~df;~l ~~ ~'v ~' .'~ ~ 03/01/2009 23:00 FAX 5B1 27$ p555 AELRAY BEACH ~ Qp1 Pineapple Crove Bed-,Race -May 7, 2009 Breakdown Categories -. .. _.. __-_,,,-. .-,-_ E5TlMATED Actual O8 _._.._.-.._... - ---- BUDGET Revenue: ...._- _ _ Co-op sponsorships (2 x $15DD) ~ 3000 2500 Bed race artiepants (1 D x $150} 15ab __ .'. _ ___ _ Other sponsorships -Heart to Heart _ - _ _ _ _ ~ ~ 12Qq 500 1500 --_.., ....... ...... S u .. ~-- _.. _. btotal Cash Revenue: _-____.. SOOOf 5200 --. ... . - . _,,. 1z~-Kind ~ ~~._. -.. -~ -- Newspaper -Sun Sentinel -ads and printing 3x55 Radio - Sunny 104.3 8750 TV .... - 3000 Total Revenue: ,...-.__..__._ .,___..r..~____.. shoo saoo Expenses. ~ .... __,_ - ----- ...---~.. _ _ . , .. _,_ Event si age _.___.__ _........ --- $750 ------- 150 Contracted services - MC-_ - - $1,500 ~~ 8p0 Awards & recognitxoZ7. _... __ _ _ - $1,000 9000 Design & 'T`ypesetting ..._,. $75U 122b Event supplies _ ~ ~ $$DO . -.....- ..-_ -~- s2o French barricades $5p0 45D Equipment rental - partapotties $780 234 Insurance --_......._..--~ --- .._._ -- ,.. ~ - aoa . - ----. _ . _.. _ City Costs & E~vez~t k'ees _. _ . __ ------_... .---..__ ... ___ .-_.. .. ... ._-.._.. 1465 Printing -_...`- ~ 45 Sub-total C$sh expenses -- $4,880 _ - $584 Zn-kind ex enses: A1vlC. support staff' _ Media support `- --- -" -~-- Total Ex enses ..-... .._.. -- _T~_ .-~____._... Difference $200 -1384 ~ 0 o a p O O O O O o ' 0 1A ° 0 M7 G N O ~ p O f8 G r O G a O O C O O O a a O ~ l ~ r N O ~ r ~ 4 ~ S N N 4'! i~ O J l fi q ~ ~ M r ~ f D ~ C N ~ ~ ~ r tM,. ~ N ~ ~ N 7 LL f9 Q 4 ~ 0 O G O ~ ~+ O O itJ O COO ti 4 O O a O H ~ OI N '1f r N y~ N h ' ~ C)' ib CO M r~ O y j e p I fS O N T C 0 O Q ~ N ~ ~ r 4. a x ~ ~ ~ a ~ w c r a+ S. .~ w a ~ ~ ~ .~ y ' i N m a ~ E .~ V ~ ~ ~ ~ ._ .~ ~ ~ 4 a ~ ~ a ~ ~ d ~w a ~' `~ ~ " ~ W ~ ~ [ $ fL A O U T ~ W (~~IAd ~~ ~ U ~ v7~~ h` _ _. F a Zjca7o°o O~ o ~ ~ u~o7;oti ~ °°° ° ''~ oN~v V ~ W , ~ O m °D ~ OH v . r ...N M usl O m ...1 tW 6°O- °~ ~ $ w Q ~ o25 ~Sg~~r $ ° ° 4 ° ° ° ~ ` 'I 7 ~ r N N N O 7~ n YY C n~ CA 07 r C ~ w v i o N r r t0 O m r O 0 r ° m h h O N CD a p ooe iar, c en o ~ h ~ M 1. r ~ O pOp QQ OpO O p~ a 0 0 pOp pppppp 0~ ~ _ G ~ N a pp l C'1 m ~"' ~ r N ~~ r ~ r p H~~~ O O r ~ 67 N r M O r ~ r fV r Q o°~ 8$~ 0 ~ ~ ~ ° a ~ o - d ~ o Q 'f" U ti eF N ri M {] ¢ ~ Q 4 ('I M h 117 N ~ ~ ~ } O CV ai Z t~i o~~4 ° o° ti C ~ N Ih ti h N t~7 ~ r N N O O f~+ Q (Or1 M h ~ ~ N N w ~ O ' O r N Q 117 a -a O L m o 0 00 0 ~ 0 N 10(1 dJ C ~ ~ ~ L ~' Q Cp ~ 1n h 1a r1 m ~ N ~ Cm•1 ~ 11~ „ ~ 1' ~ ro m ~ °' ~ ~ ^ ni *- v ~ r F W C7 C~ _~8p pp C 7 W~ O S O op ~ ~ p ' ~ o ~ O N m •- h 1yo ~ ~ ~ rn1n r~ 1n M G O Cj 1C 7 C m ~1 O ~ Q~ N m tp ~ ~ v ~ w' r r ~ fY r ~ m n 1n a. ~ r ~ ~ Q °o ~ ~ $oa ~ ~~ W .... N ~ C C r r W ~ U C o r ~ N ~N o ~ ~ ~ a'D ~ o z ~a ~ ¢ 1~ ~, '~1~~n ~ m y m ~ Z '° ~~~ ` r~ ~ i5 ~ E ~ ~ m ~ m ~ ^~ ~ ~ 1 rs ~~ `~ e m O tii Q1 A C m C _ N rn ~ 3 ° ~ °' Q. E d m W ~ U 4. ~ ~ ui m.o po11 'c m U a ~? W ~ N m E E i5 O fn m a1 k 3 't = '-• a c m c o y = CgLl ~'= v aLL m Q ~ XX Ce y 7 C 3 ~ ~ ~ ~ ~ ~ q 01 ~ ~ _ ~~ N z ~ ~ N fA ~i ~ E t4 O J 40 O (4 °~ y C ro d W x p1 W E C N W Cij N i4 m N (0 C lV ~ 2' 7~ p o i }~ a' Q' ~ ~ ~'Q~ m w~ U ~ CJl aka ~ a,.. ° Q ~ y ¢ Q Ir- F ¢ QZ U1d'~U 2~h ~ w W Q _ a ~ 0 0 Q ~ .y h ~ .S O y ~ 7 ~ C N Q7 fn fJ W U d W ~ p ~ ~ S . fl [f7 1--. ! 1 S fn M n r. ~ i ~ OP ID EA DATE (M MlDD1YYYY) ACORD,. CERTIFICATE OF LfABIL~TY INSURANCE DowNT-2 01~15~09 'RODUCER TH15 CERTIFICATE 15 ISSUED A5 A MATTER OF INFORMATEON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE the Plastridge Agency, Inc . HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR X20 N E 6th Avenue ALTER THE COVERAGE AFFORDED BY THE POLICIES BI=LOW. )stray Beach FL 33483 Phone: 561--276-5221 Fax:561-276-5244 NSURED Delray Beach Downtown Mktg Cooperative:DDA,CRA,Chamber of Commerce City of Delray Beach 64 S.E.Sth Avenue Delray Beach FL 33483 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Penn America Ins . Co . INSURER B; INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDR THE POLICY PERIOD INDICATED. NOTWITWSTANOING ANY REQUIREMENT, TERM Oft CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAEN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NSR TYPE OF INSURANCE POLICY NUMBER ~ _ PATE MMlDDlYY DATE MMlDDIYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X X CDMMERCIALGENERALLIABILITY TBD 01~23~09 D1/23/10 PREMISES Eeoccurenee $ rJ0000 CLAIMS MADE ~ OCCUR MED EXP (Any one person) $ 500 0 PERSONAL&ADVINJURY $ l000O00 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMtT APPLIES PER: PRODUCTS - GOMPIOP AGG $ 1 OO 0000 X POLICY PRO LOC JEC7 AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY F__ . $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON-OWNED AUTOS {Peractitlenl) PROPERTY DAMAGE $ {Per accident) GARAGE LIABILITY AU7DONLY-EA ACCIDENT $ ANY AUTO OTHER THAN ~ ACC $ ~- AUTO ONLY: qGG _. $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MARE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATiQN AND TORY LIMITS ER EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? E L- DISEASE - EA EMPLOYEE $ If es, describe under SPECIAL PROVISIONS below E, L. DISEASE -POLICY LIMIT '-- $ OTHER Special Events - 6 Art & Jazz on the Avenue, one Fashion Show, one Pineapple Grove Bed Race, one First Night, one Kids Day at the Tree, one Tree Lighting CERTIFICATE HOLDER CITYD-1 City of Delray Beach 100 N.W. 1st Avenue Delray Seach FL 33444 25(2001148) CANCELLATION SHDULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TD MAIL ~ O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TQ DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, IT3 AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ~ _ CORPORATION 1988 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manger DATE: Apri13, 2009 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF APRIL 7, 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 March 16, 2009 through April 3, 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 March 16, 2009 A. Continued with direction (6 to 0, Francisco Perez absent), the master development plan to allow a mixed-use development combining 79,669 square feet of existing retail space with a proposed six-story, 556,224 square foot apartment complex containing 296 rental units for `Bellantica Gardens at the Four Corners" located at the southeast corner of West Atlantic Avenue and Military Trail. No other 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. B. Tabled (5 to 0 Chuck Halberg left the meeting), the Annexation (via Agreement for Water Service), 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. C. Recommended approval (5 to 0) of a LDR text amendment to Section 4.4.29 "Mixed Residential, Office and Commercial" (MROC) to add educational facilities, training centers and vocational schools as a conditional use. D. Recommended approval (5 to 0), of a LDR text amendment to Article 8.2, "The Downtown Development Authority", to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. E. Recommended approval (5 to 0) of the ORC (Objections Response and Comments) Report pertaining to Comprehensive Plan Amendment 2009. F. Recommended approval (5 to 0), of Staff's response to the recommendations of the Green Task Force. Other Items G. Adopted (5 to 0) the Planning and Zoning Department Work Program for 2008/2010 Site Plan Review and Appearance Board meeting of Apri12, 2009 1. Approved with a condition (6 to 0, Connor Lynch absent), a request for a color change for Harbour Pointe of Delray Condominiums, located north of Linton Boulevard and west of South Ocean Boulevard (1730 & 1734 Del Haven Drive). 2. Approved (6 to 0, Connor Lynch absent) a request for a color change for Boca Ray Plaza, located at the southeast corner of Linton Boulevard and Military Trail (4900 Linton Boulevard). 3. Approved (6 to 0, Connor Lynch absent), a request for a color change for Ike's Marathon Gasoline Station, located at the northeast corner of SE 2nd Street and SE 6th Avenue (185 SE 6th Avenue). 4. Approved with a condition (6 to 0, Connor Lynch absent), a Class III site plan modification associated with the conversion of use from office to restaurant for Linda Bean's Perfect Maine Lobster Roll, located at the southeast corner of East Atlantic Avenue and SE 2nd Avenue (200 East Atlantic Avenue). 5. Approved with conditions (6 to 0, Connor Lynch absent), a Class V site plan and landscape plan associated with the construction of a 14-space parking lot; the Pineapple Grove Parking Lot, located on the east side of NE 3rd Avenue, south of NE 4th Street (353 NE 3rd Avenue). Concurrently, the Board recommended to the City Commission approval of a waiver to LDR Section 4.6.9(D)(2) which requires that a vehicle must enter and exit the parking lot onto a street in a forward manner. 6. Approved with conditions (5 to 0, Connor Lynch absent, Andrew Youngross stepped down), a Class V site Plan and landscape plan for Carver Square Pocket Park, a proposed neighborhood park, located at the northeast corner of SW 3rd Street and SW 7th Avenue. Historic Preservation Board Meeting of March 18. 2009 7. Approved (6 to 0), a request for a Certificate of Appropriateness associated with the installation of a free standing sign for 133 NW 5th Avenue. Historic Preservation Board Meeting of April 1, 2009 8. Approved with a condition (5 to 0, Tom Stanley absent) a request for a Certificate of Appropriateness for the demolition of anon-contributing structure and the construction of a new single family residence for 244 SE 7th Avenue. RECOMMENDATION By motion, receive and file this report. N SPRAB HPB 1. HARBOUR POINTE OF DELRAY CONDONIINIUNIS 7. 133 NW 5TH AVENUE 2. BOCA REY PLAZA 8. 244 SE 7TH AVENUE 3. IKE'S MARATHON GASOLINE STATION 4. LINDA BEAN'S PERFECT MAINE LOBSTER ROLL 5. PINEAPPLE GROVE PARKING LOT 6. CARVER SQUARE POCKET PARK ~~~~~~~~~~ CITY LIMITS ~~~~~~~~~~ ~ ONE MILE ~ GRAPHIC SCALE CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT APRIL '2009 MAP REF: S:\Planning &Zoning\DBMS\File-Cab\CC-DOC\4-7-09 --olGlraLaasEMaPSVSreM-- 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: March 27, 2009 SUBJECT: AGENDA ITEM 8.0.1 -REGULAR COMMISSION MEETING OF APRIL 7, 2009 BID AWARD/INTERCOUNTY ENGINEERING, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award to Intercounty Engineering, Inc. in the amount of $518,099.00 for construction of the Area 11A Reclaimed Water System Contract 2, Project #2008-048.2. BACKGROUND On March 20~', 2009, bids were opened for the Area 11A Reclaimed Water System Contract 2 Project with Intercounty Engineering, Inc. as the lowest responsive bidder. Contract 2 involves construction of the reclaimed transmission system from the Booster Station at NE 4~' Avenue to the west side of the Intracoastal at the northern end of Veterans Park. The project includes the installation of 16" and 18" ductile iron pipe, and the directional drill of 18" high density polyethylene pipe under the Federal Highways and portions of 1st Street. (Note: The pipe under NE 4th Avenue between 1st and 2nd Streets was installed when the street was reconstructed a few years ago.) The low bidder has satisfactorily performed on previous projects for the City; and staff has verified and received positive feedback from their current list of references. Attached, please find a bid tab, location map, and recommendation letter from Mathews Consulting, Inc. for your reference. The City has received grant funding for this project in the amount of $1,118,000 through the South Florida Water Management District (SFWMD). The grant program requires that the project be completed by August 31, 2009. FUNDING SOURCE Funding is available from 441-5181-536-65.96 (Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission). 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W ~m a Im N ca [h a -V L31 t[] m m u M1 a m a Q N ' $ a ca U ' u ~ m ~ m N N~N M f ~ M 1 E M~M n M ~ to € rn a Y 5 ~ ~ .- v W ~ "_" ~ I~ ~ ~ ~i r fh Q m m A m a ~ fry N E ~ M „ di ') Ci:l'~ ~,d i V O t q~ l~ c .AT~~S ~NSZJLL~'~T~ 1NC. Civil and Environmental Engineers March 27, 2009 Mr. Victor Majtenyi Deputy Director of E.S.D. CITY DIl< I)E~Y BEACH 434 S. Swinton Avenue Delray Beach, Florida 33444 City of Delray Beach-Project No. 20D~4-048.2 Area IIA Reclaimed l~ater.9ystem (Contract 2) Dear Mr. Majenyi: On Friday; March. 20, 2009, at 2:04 PM, bids were received by the City of Delray Beach for the Area I I A Reclaimed Water System (Contract 2} Project. Seven {7} bids were received as follows: Na~x-e of Bidder Amount of Bid 1. Intercounty Engineering, Inc. $518,099.00 2. Utility Services Authority $582,934.05 3. Centerline Utilities, Inc. $583,890.10 4. Arrow Directional Boring, Inc, $613,032.00 5. IVdatz Con $534,155.00 6: David Brooks $583,754.00 7. Chaz Equipment $593,500.00 We -have reviewed floe bid proposals submitted by each of the contractors and have found no mathematical error's in the bids as shown on the: attached Bad Tab. The following summarizes our findings for the apparent low bidder: Iritereounty Eugineeria~~, I>rnc. ® Acknowledged Addendum lodo. l & 2< • Provided Bid Bond (5°/p}. • Schedule of Bid Prices was filled out correctly. • Provided P-i3 and P-l4 of Information Required of Bidders. • Provided P-1 ~ and P-l6 of Questionnaire. Provided project list that shows they, have completed this ..,.:,type of utility work in the past. Provided equipment list. • This company has provided satisfactory underground infrastructure utility work previously for the C>Ety of Delray Beach, including a Reclaimed Water Main Froject. • This company has the equipment and manpower to perform the work. • Company is based in Pompano Beach, Florida. Mathews Consulting, Inc. + I47S Cen#repark Boulevard, Suite 250 • West Palm Beach, PL 33401 561-478-7961 ~ Fax 551-478-7964 ww~I mathewsconsultinglnc.com VJe have contacted references for lr-tercounty Engineering, lnc. and have received positive feedback. Mathews Consulting has also worked directly an three (3) past projects with Intercaunty Engineering, Inc. and all work was completed on-time and within budget. T3uring the review process we received the following clarification inforrraation: 1. Supplemental Contractor Questionnaire. The information was acceptable. 2. Additfor~al information regarding Directional Drill Subcontractor. Provided copy of underground license far the directional drill subcontractor {Accurate Drilling Systems, Inc.) that they plan to use for the project, along with similar project experience. MC contacted two (2) references provided and we were given satisfactory results an there work. Based on the Bid Proposal submitted and their past perfarn~ance an underground utility infrastructure projects, Mathews Consulting recommends award of the Contract to intercauuty Engineering, Inc in the amoumt of $S18,Q99.00. If you have ar~y questions regarding the information presented, please contact me at 561-478-7961. Sincerely, 1MATI~~VS C®liISiJLTING, Il®TC. David L. Mathews, P.E. Vicc President Enclosure cc: Richard kIasko, Delray Beach Rafael Ballestera, Delray Beach MC File No. 1481 C7 O .L~ 'i O N O O N W] O O d O cll O Cf. v 0 J N_ U Q Gi' F Q U Q Q ~.€ EY_ N a a 0 N T~ ._L_ (Q(y ~.ir ~A~ ~~~ ~ ~.~ #.s f T~ 1 NQN ~-L Q ~'-- Cp m O ~ ~ i T ~ ~l l~ . , ~,II ~ Ii ATL~A~NTIC I CI ~ 1..-~ ~ia Q CiJ ~ ~ E ~ tJ E "~ i'~ Q u Q ~ ~ ~~ f ~ Cllr ~~ ~ELRe41' ~~A~F~ AREA 1]A RECLAIh~ED WATER PRO,~CT (CONTRACT 2} ~~~:°~,30~~~09 °~m EfVVERON6~APdT,4L s~~vicES DEP,4FiT~/iENT LOCATION MAP ~ ~a° a~a sourw swnNrot~ avle, o~aY ~.cw. r~o~nna ~3aaa zoos-a4a.2 1 OF 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 28, 2009 SUBJECT: AGENDA ITEM 8.0.2 -REGULAR COMMISSION MEETING OF APRIL 7, 2009 BID AWARD/ALL PHASE ROOFING ITEM BEFORE COMMISSION This item is before the Commission to approve a Bid Award in the amount of $21,010.00 to All Phase Roofing, Inc for the partial re-roofing of Fire Rescue Station No.S BACKGROUND All Phase Roofing, Inc will provide all labor, material and supervision necessary for the re-roofing of the following two locations; sloped roof over the apparatus bays and lower roof section directly adjacent to and west of the apparatus bay, see attached (Exhibit A). The new roof shall match the existing roof system in style, color and materials and shall be installed to comply with current State, Local and Florida Building Codes. The aforementioned scope of work will complete the emergency partial re-roof conducted one year ago over the living quarter's area and shall resolve the balance of the reoccurring water intrusion issues within the apparatus bays. Invitations for bid contained the submission deadline of 2:OOPM Wednesday February 18~', 2009 at which time the Purchasing Department opened and acknowledge the only bid package received. Bid documents are attached hereto as (Exhibit B) for your reference. CONTRACTOR AMOUNT All Phase Roofing $21,010.00 FUNDING SOURCE Funding is proposed from account 001-2311-522-46.10 General Fund/Fire/Repair Maint/Services/Bldg Maint. RECOMMENDATION Staff recommends Award of Bid in the amount of $21,010.00 to All Phase Roofing, Inc for the partial re-roofing of Fire Rescue Station No.S. r; L. 7 L F_~ ri I~ V ~- i' If L ,1; Jd 4. 7 I rl ~`~ N, l!_ ~'"°"...s Y'iI. `L wit. ... fj" } ~ `~, `T:. EXHIBIT "B" INVITATION TO BID CITY 4F DELRAY BEACH PURCHASING OFFICE 100 NW FIRSTAVENUE DELRAY BEACH, FLORIDA 33444 (561)243-7163 BID No. 2009-20 DATE: Januant 213, 2009 Seated Proposals will be received by the office of the Purchasing Officer, City Hall, 100 NW 1~' Avenue Delray Beach, Florida 33444 until Wednesday February 98~' 2449 at 2:44nm, at which time they wilk be publicly opened and read aloud. INVITATION TO BID This Invitation to Bid, General Conditions, Instructions to Bidders, Special Conditions, Specifications, Addenda andr'or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this levitation to secure bids for item(s) and/ar services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and ail 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 Northwest First Avenue, Delray Beach, Flartda 33444. Outside of envelope shall plainly identify bid by: BID NUMBER, TITLE, AND DATE OF BID OPENING. It is the sole responsibility of the bidder to ensure that his ar her bid reaches the Purchasing Office on or before the closing da#e and hour as shown above. RETURN ONE COPY OF ALL BID SHEETS. Any facture on the part of the supplier to comply with the ensuing c+anditions and specifications shack be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (60) days from the 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 spec~ca#ions, informalities, irregularities and technicalities in any bids, to reject any and alt bids in whole or in part with or without cause andlor to accept bids that in ifs judgment will be for the best interest of the City, as further stated in Paragraph 16 of General Conditions. GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION FOR BIDDERS SUBMISSION AND RECEIPT OF SIDS: 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 shaft 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 hislher signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source far a specified time for materials or services in the quantities or usage shown, these quantities are estimated only. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used far 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 {60} days from the date of opening unless otherwise stated by the City or bidder. b) Prices should be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the unit prices nuotPd will govern. c} Consideration in awarding bids far term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items andlor services at prices less than our contract<price, the successful bidder shelf meet these prices and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market. d) The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and fn the best interest of the City. e} Bidders may offer a cash discocant for prompt payment. hlowever, Such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: a} All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. b} Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel such orders, or any part thereof, without obligation if delivery is not made at the times} specified on bid form. 5. [RAND NAMES: If and whenever in the specifications a brand name, make, name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the vendor's responsibility to name .such product within his bid and to prove to the City that such product is equal to that specified. 6. QUALITY: All materials used far the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requesked, 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. i3. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material andlor service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material andlor services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION: In case of default by the bidder or contractor, the City of f3elray Beach may procure the article or services from other sources and hold the bidder ar contractor responsible for any excess costs occasioned or incurred thereby. 9 Q. COPYRIGHTS OR PATENT RIGHTS: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, ar selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: a} All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida State Safety Standards. b} Whenever a bid is sought and services secured for any type of an-site construction the awarded bidder.shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shat] also secure the work site before leaving at the end of each working day. '12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all statements made in the proposal. 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the past of the bidder ar 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 ar specific performance. 14. LIABILITY, INSURANCE, LICENSES AND PERMITS: a} PERMITS: Where bidders are required to perform work on City structure(s) or property as a result of bid award, the City will .waive the cost for permits. Contractor shall pay for permits for 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-, Vll or better. If you have any questions regarding the City's Insurance andlor Band requirements, please contact the City's Risk Management Office at (561} 243-7150. See page (s) tS S~ 16 for Insurance Requirements. A "sample" certificate has been attached. 15. SPECIFICATIONS: a} For purposes of evaluation, bidder must indicate any variances from our specifications andlor conditions, NO MATTER HOW SLIGHT. If variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. b} Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City's judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities andlor irregularities, and to nego#iate contract terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced or conditional Bids. The City reserves the right to reject any one ar all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the bes# interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the Sta#e andlor Federal Government. Exemption certificates certifed on request. State Sales Tax Exemption Certificate No. 85-80126215590-4 appears on each purchase order. 18. NIA 4 19. EXCEPTIONS TO CONDITIONS, 1 THRt1 18 {Boiler Plate} Any time Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL: The City Manager may renew the contract, at the same terms, conditions, and prices, far NIA consecutive term{s} of N!A year{s} subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interes# of the City. 21. 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, or equipment and is in all respects fair and without coilus'son or fraud. b} No premiums, rebates or gratuities permitted; either with, prior ta, or after any delivery of material ar provision `of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list {s). 22. 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 to which it relates or in any portion of the profits thereof; or b) The award is subject to provisions of State Statu#es and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent {10} or more in the bidder's firm ar any of it's branches. 23. NON-DISCRIMINATION: The Bidder shall not discriminate against employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, withou# regard to their race, creed, color, religion, sex, age, handicapped status, disabilities, ar national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, ar transfer; recruitment advertising; layoff or termination; rates of pay or other farms of campensatian; 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 pravisians apply to al! subcontractors and it is the responsibility of the subcontractors to be in compliance. CITY OF DELRAY BEACH BID #2009-20 FIRE STATION No. 5 RE-ROOF CITY OF DELRAY BEACH PROJECT #2009-023 GENERAL. NOTES A. PURPOSE: The purpose and in#ent of this "Invitation to Bid" is to seek a firm price for the furnishing of all labor, material and equipment necessary for the re-roofing of the following installed to comgiv with current State. Local and Florida Building Codes at the most economical price. Service and Workmanship are of primary concern. Bidders with low standards for either service ar workmanship will be judged to be non-responsible and their bids non-responsive. No bid will be accepted if it offers lower standards of service andlar workmanship than is described herein. B. NOTICE OF AWARD: It is and steal! be understood and agreed that a Con#ract shall be deemed to be awarded and validly entered into between the successful bidder and the City when written notice has been given the award by the City through its authorized office, and a purchase order shall be issued to the bidder covering the same. C. COMPETENCY OF BIDDERS: Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in the Bid Invitation and who can produce evidence that they have established sakisfactary record of performance for a reasonable period of time; have sufficient financial support, equipment and organization to insure that they can satisfactorily execu#e the services if awarded a contract under the terms and conditions herein s#ated. The term "equipment" and "organization" as used herein shalt be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City of Delray Beach, Florida. D. VENDOR SERVICE REPRESENTATIVE: The Bidder shall submit wi#h his bid proposal the name, address, and phone number of the person(s) to be contacted for information and for the coordination of service. A contact for bath regular work-hours and after-hours, weekends, and holidays must be identified. E. TIME FOR COMPLETION: it is hereby understood and mutually agreed by and between parties hereto the time of completion is an essential condition of this Contract. The complete project must be completed within Sixty (fi0) davs after Notice to Proceed date. The Contractor agrees to being with an adequate force to have the work completed in the time period indicated. Furthermore, if the awarded Contractor faits to complete the work within the prescribed time, the awarded Contractor will pay the City of Delray Beach liquidated damages for each day the work is not completed within the prescribed time. The damage will beat the rata of $250.00 per dav. F. SAFETY AND CARE OF WORK: The Contractor shall exercise safe work practices and maintain a safe work area at all times, and shall be responsible for all damages to persons or property resulting from unsafe acts, negligence, poor workmanship, or failure to maintain a clean work-site in connection wi#h his work under this Contract. The Contractor shall be responsible for the care and protec#lon of all work performed until completion and accep#ance. G. PERMITS: The Contractor shall be required to secure all permits required to complete this contractual service. There shall be no charge to the Contractor for permits. H. GITY OCCUPATION LICENSE: If the successful Bidder is not licensed to perform work in the City of Delray Beach, the successful Bidder shall obtain an Occupational License before a Notice To Proceed will be issued. Upon notification of Tentative Award, the successful Bidder has fifteen (15} days w'sthin which to submit all documentation {insurance, Occupational License, etc.}. 1. INSPECTIONS: An authorized representative of the City of Delray Beach shall have the right to inspect work while in progress and at the completion thereof. After inspection, Contractor wil! correct any unacceptable work at no expense to the City. J. PAYMENT: Payment in full will be made after al! work is completed, inspected, and accepted by the City. iC. INFORMATION: Any questions in regards to the Detailed Specifications of this bid shall be addressed in writing to the Engineering Department, clo Bab Diaz, Environmental Services Complex, 434 South Swinton Avenue, Delray Beach, Florida, 33444. Any questions in regards to the submission of your bid should be addressed to Patsy Nadal, Purchasing Manager, at (561} 243-7163. L. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public en#ity crime may not submit a bid on a con#ract to provide any goods or senrires to a public entity, may not submit a bid on a con#ract with a public entity far the construction or repair of a public building or public work, may not submit bids on leases of real property to a pubic entity, may not be awarded or perform work as a contractor, supplier, subcontractor, ar 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, far CATEGORY TWO far a period of 36 months from date of being placed an the convicted vendor list. ~~ [x1 a dUQ F4 z U c ~^ G h L 3 c ::~ U Or F ~ H W d ~o Vl r ~~~ 1~ N n ., I ice. .7 o © o o N 19 to O O O P O C ~pCS N fAI EA 8 0 0 ~~ a 3 0 C O ~~I ~ .~ ~ G ~ t4 ~ ~ ~ ~ J7 p~IU rA°ici ° ~ o d C] Ca ~ ~ 1~ m a .] ..7 i i L D 'tl I ~ > i ~ ~ 'wr d O z O ~ 3 ~~~, ~ ~ T.'~ . ~ N + ~ '~ ~ y . .o a o;~pp ~ ' u N ~j G} ~ ~ ~ m ' ~ ~ w a- ~ °~ ~~ 1 V- A d O ~ r ~ a n ~ ~. v !~ 6 C A f9 d c C G . w C W N 't7 C R~~ ~ '~ : ~ a ~ b ° ~ VJ d ° ~ U ~ ~.~ .~ .-~ N t 1 r. L d y L` O '~ ~ = `~ ~ H ~ M ¢~ a ~ U~ ~~ ~ ~~ ~~ ~~ ~ `~ ~ ~' ~ ~ W ~ W ~ ~ a o~ ~ o ~~ o0 Hz 00 ~ MEMORANDUM TO: Mayor and City Commissioners FROM: Joseph Safford, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: March 24, 2009 SUBJECT: AGENDA ITEM 8.0.3 -REGULAR COMMISSION MEETING OF APRIL 7, 2009 PURCHASE AWARD/DUVAL FORD ITEM BEFORE COMMISSION City Commission is requested to approve the purchase one (1) 2009 replacement Ford Crown Vic Police Interceptor with options, from Duval Ford in the amount of $24,543.00, per the Florida Sheriffs Association Contract #08-16-0908, Specification #O1. BACKGROUND Police car #1402 was involved in an accident on March 11, 2009 and has been declared a total loss. Duval Ford - Ford Crown Vic 2009 Options Limited Slip Differential Kcvlar trurl: Parka<~c 1 ~nition Powered Trunk Release Rear Door Locks & handles Tn~p Rcar Windows Inop FUNDING SOURCE 501-3312-591.64-20 -Garage Fund RECOMMENDATION $20,444.00 FSA-Bid #08-16-0908 25.00 Fleet recommends the purchase of one (1) replacement 2009 Crown Vic Police Interceptor from Duval Ford in the amount of $24,543.00 with additional needed options installed. Pricing per the Florida Sheriffs Association Contract #08-16-0908, Specification #1. t ~_; +' Pi 9 ~~~ ~ ~~~ ~~~ ~ FLORIDA t 455E)L; E.A C1C3V' C7P 'P COUNTIES y Yf ~ -^.J. ^-.tip-.~v- ' A!I A~6ovi Florida FLORIDA SHERLFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION L IZL+ P - L ~', etifi n Name of Dealership Garber Fard Mercury, lnc. Duval Fard Duval Ford Duval Ford Maroone Dodge,l,LC Maroone Dodge, LLC Maroone Dodge, LLC Maraone Dodge, LLC Type Vehicle ~- __ ter; - -~ ' `~ f, s ; i - _~ _._ pd° Zone Base Unit Price ?, 2009 Pord Crown Victaria (1'71/720A) ' ~rWestern $20,S46.Q0 2009 Fard Crown Victoria {P71/720A) *Northern $20,444.00 ' 2009 Ford Craven Victoria (P71I720A) Central $20,444.00 2009 Fard Crown Victoria (1'711720A) Southern 444.00 2009 Dodge Charger (LXDH48/29A) 2009 Dodge Charger {1.XDH48/29A) 2009 Dodge Charger {LXDH48/29A) '' 2009 Dodge Charger (LXDH48/29A) Western $21,155.00 Northern $21,155.00 Central $21,155.00 Sauthcrn $21,155.00 Bid Award Annvrxncernent (O~-Y 6-09~SJ ~~ VEHICLE: Crown Victnria Crown Victnria (P71/720A) {P71/720A) DEAI.,ER: Garber Fnrd Mercury, Duval Ford Inc. ZONE: ~' Western * Northern BASE PRICE: $20,S0G.00 $20,444.00 ©rder Code Delete ©pHons V6 2 V6 engine in lieu of V8 engine STD ~ ': Black Vinyl flDOr COVering ~C,ooR ~ 88H 1 ~' Cloth rear seat in lieu of vinyl HN x 96A 1 l"rnnt door body side molding 96A ~ S4M t ' S" round. dnme lamp DOMPx MINI x ;Space saver spare fire in lieu of full size spare tine ©rder Cade ~ Add Options l i d li d ff ti ~ 45C te . s p i eren a Lim 45C 2 177 1 Silicnrle tenses 177 x PS 1 Priority start/battery saver DPS 2 68P 1 `: Complete Police Prep Package 68P 2 65A 1 ;Base Police Prep Package 65A 2 6SU 1 Pnlice Prep Package - „Ready fnr the Road" 65U 2 &SP 1 ;Base 1lighting Package 6SP x 65W 1 ~~ Visibility Package 65W 2 60S 1 'Fire suppression system 60S 2 TREM 1 Tremco anti-theft -foot activated, dealer installed DAT2 DSS 2 ` SafeStap vehicle anti-theft -key activated, dealer installed MAG 1 Rechargeable Haag light DMI. z Crown Victnria (P71/720A} Duval Pord ~ Central $20,444.00 Crown Victnria {P71/720A} Duval Nord * Southern $20,444.00 Northern & Central Western & Snnthern NA NA2 Std1 - Std2 {$50.00)1 : NC2 {$20.00)1 NC2 NC1 = ~ NCx NA " NAxi N©rthern & Central Western & Sonthern $125.001 ' $125.002_ ' . $320.001 $320.002?. $156.001 $199.0021 $2,075.001 ! $2,075.002; '. $770.801 '? $770.002'. $4,120.001 ` $4,120.002 $1,955.001: $1,955.00x; $3,090.001 $3,495.001: $196.001 $3,090.002 $3,495.OOx $1 fr0.002' NA $135.001 $289.002 $145.002'. BI'd Award Announcernerxt (OS_ y 6-0908) 82 VEHICLE: Crown Victoria Crown Victoria Crown Victoria (P71/720A) (I'711720A) (P71/720A) DEALER: Garlser Ford Mercury, Duval Fard Duval Ford Inc. ZONE: '~ Western `Northern ~` Central BASE PRICE: $20,506.00 $20,444.00 $20,444.00 187 1 Rnnf wiring with hole 187 2 189 1 Raaf wiring without hale 189 2 AF ~ ~' Accessory feed wires for police equipment DPW L,9MP PItEWIItF GRILLEANI3 SIREN WITS', 8 G~1. WIRE W 50 ANJP BREAKE]Z TD CONSQLE 476.172.175 2 ~~`~ 2 RPRSBS-CV03 ~ 'Ready Buckle Prisoner Restraint Seat Belt System -Crown Vie RPRSBS-CV03 2 RPRSBS-DC03 1 '; Ready Buckle Prisoner Restraint Seat Belt System -Dodge Charger RPRSBS-DC03 2 14T ~ ` Kevlar trunk package 14"I" 2 "~ 61H 1 ;Ignition powered trunk button, factory installed 61H 2 41A 1 ': Comf'nrt and convenience group 41A 2 750A 1 ;' Street appearance group 750A 2 64N 1 'Full wheel covers 64N 2 NF 1 Nitrogen filled tires including spare fire N2 2 58Z i ' AM/l~'M radio with single CD 58Z 2 77D 1 Daytime running lights 77D 2 DT 1 Sunscreen privacy glass DLT 2 ~ ~~~~ aARK TINT 2 88F 1 'Cloth split bench -front P41 A ~ INCL POWER SPAT 2 23.A 1 'Driver seat only - 6 way power 21A 2 128 1 Carpet (installed) 3.28 2 '`~ 67B 1 'Rear door lacks & handles inoperative 67B 2 RDLH 1 Rear door locks & handles inoperative, dealer modifietion DLWMIT 2 ' INCL MANUAL tINT.acx DEVICE oNSOTII ~oc~T~s 2 948 1 :Rear windows inoperative 948 2 Crown Victoria (P711720A) Duval Ford '~ Southern $20,444.00 $195.00 ~ $195.002 $85.00 ~ $85.002 $110.001 $265.002" NAl $61.5.002 NAl ': NA2'. $190.001 $190.002 $60.001 ! $60.002 $760.001 :' $760.002'. $155.001 ? $469A02' $45.001 ' $45.002 $96.001 ': $125A02'. $185.001: $185.002' $50A01 $50.002': $276.001 ; $385.002 NCl ! $760.002 $3s0.aa1 $3s0.o02'' $125.001 ' $125.002; $2s.oa ~ ' $2 $30.001 ': $173.002' $25.ao1 $25.002; &~d Award Announcement (OS-1 G-09®$j 83 VEHICLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71./720A) (P71/720A) {P711720A) (P7l /720A) llEALER: Garber Ford Mercury, Duval Ford Duval Ford Duval Ford Tnc. Z©NE: * Western *Northern `Central * Southern BASE PRICE: $20,SOb.00 $20,444.00 $20,444.00 $20,444.00 525 1 Cruise control '. .$225.001 $225.002':. 525 2 S3M ~ Radio noise suppression $95.001 ' $95.002' 53M 2 478 ~ Courtesy Tight disabled $20 001 ' ~ $20.002; 478 2 STD 2 :'Side air protection (may af~feet cage availability} Std ` Std2!. DT 1 Legal deep tinted film, lifetime warranty, dealer installed ', $276.001 ! $365.002 DDT2 TK ~ Third key $76.00 $89.002' DTK 2 4K4 ~ ~ Keyed alike $50 001 $50.002 43- 2 l~vsTsP~CIF~CnDE 2 l4R ~ Factory remote keyless entry with 2 fobs included. $255.00 ' $255.002 l4R 2 96B 1 Front door moldings, not installed NC1 NC2' 96B ~ tYlUSTS'PECIFY 2 VS ~ Vent visors -stick-a1a style $96.00 ~ ' $14SA02'` DVV2 VSF 1 `Rainshields -flange style $1.26.00 ~ $125.002:. DRS2 DB-WB-ML 1 Doer blank & rear window barriers with manual lock override (Setina, Pro-Gard, $426.001 ' $462.002 i DBB 2 i Cruisers or approved equivalent) 986 2 'Lacking gas cap $10.001 $10.002 986 i-2-3-41 '.Two-tone paint $885.001 $885A02 952 2 CTII t Class III hitch with 2" ball, dealer installed ' $426.001 : $495.002: DC3 2 DTT 2 ,Optional equipment -specify NA $755.002 BLACKAND WRITE TWO TONE DEALER PAINTED ~ 90L 2 `Optional equipment -specify NA $1,295.002 . ;BALLISTIC DRIVER DOOR ~ 908 2 ;Optional equipment- specify NA $2,4$5.002; :BALLISTIC DRIYER.4ND PASSENGER FRONT DOORS ~ ALT D 2 Optional equipment -specify NA '. $485.002 ALTERNA.TIT~EDESTINATION, INCLUDESDEALERPDI ~ DELL 2 '.Optional equipment-specify NA $1,595.002 Current De1115 in Laptop, Intel, 1G ram, with laptop stand, upgrades available ~ Bald Award Announcernex~t (48-T 6-O90S) S4 VEI~iCLE: Crown Victoria Crown Victoria Crown Victoria Crown Victoria (P71/720A} (P71/720A) (P71/720A) (P711720A} DEALER: Garber Fard Mercury, Duval Ford Duval Ford Duval Fard ~rlc. ZONE: * Western `Northern `Central ~ Southern BAS); PRICE: $20,506.00 $20,444.00 $20,444.00 $20,444A0 SEUMP - ;;Signal: Basic Strobe Unmarked Patrol Package -See Emergency Vehicle Lighting NA1 ' $1,588.002; STROBE ~ ;Specifications {Part D) SEUMP - STROBE 2 SOEUMP - SoundOff Signal: Basic LED Unmarked Patrol Package -See Emergency Vehicle NA1 ' $1,853A02'' LED ~ Lighting Specifications {Part D) SOEUMP LED 2 WEUM1? -LED 1 `Whelan: Basic LED Unmarked Patrol Package -See Emergency Vehicle Lighting $1,766 001 $1,576.002 WEUMP -LED 2 ;Specifications {Part D) WEUMP - Whalen: Basic Strobe Unax~arked Patrol Package -See Emergency Vehicle Lighting j $1,635.001 ''. $1,478.002: STROBE 1 Specifications (Part D) WEUMP - ST1tOBE 2 911EUMP - 911EP: Basic LID Unmarked Patrol Package -See Emergency Vehicle Lighting NA1 NA2 LED 1 ;Specifications {Part D) 911 EUMP - LED 2 DHD 2 ;Rear deck halogen warning lights -red and ar blue flashing NA $237.002',, W-RDS 1 '; Rear dealt strobe warning lights -red and or blue flashing $280.001 $289.0021, WDS 2 W-RDL ~ Rear deck LED, GEN 3 minimum, warning lights -LED lights may be blue, red, $340.001 $35$.002'.: W1tDL 2 `amber or any combination -specify color S1A 1 51 A z 'Left-hand pillar mounted 6" spotlight with clear halogen bulb '~ $190 001 $190.002:; `^°.. S1Y 1 Right hand pillar mounted 6" spotlight with clear halogen bulb $340A01 $340.002' 5 f Y 2 nU~z, s~or zr~~~rs p,~~~~'x I~vsz; IN~~. ~~cra~z~ ~~~ri 2 W GS 1 :Strobe grille lights, 2 minimum (Whalen, federal, Code 3 ar approved equivalent) $280 001 $289.002 WGS 2 W-GL 1 LED, GEN 3 minimum, grille lights, 2 minimum -LED lights may be blue, red, ! $340.001 $343.002;. WGL 2 amber or any combination -specify color (Whelen, l?ederal, C©de 3 or approved equivalent} W-RMS 1 Rearview mirror strobes (Whelen, Federal, Code 3 of approved equivalent) $370.001 $340.002,; WRMSZ W-RML 1 :LED, GEN 3 minimum, rear view mirror filashing lights -LED lights a~nay be blue, $360 001 - $344.002: WRML 2 'red, amber ar any combination -specify color (Whelen, Federal, Code 3 or approved equivalent) W-RBS 1 Raaf-mount amber strobe beacon (Whelen, Federal, Code 3 or approved equivalent) $1.30.001: $395.002; DAS 2 W-TLS 1 Strobe trunk lights, 2 minimum (Whelen, Federal, Cade 3 or approved equivalent) $280.001 ' $289.002: WTS 2 Bid Award Announcement (OS-1 fi-908) 89 vExXC~,~: D11aA1GER: ZONE: BASE PRICE P-RC-CV 1 1 PPS 2 S-IOS ~ 510 2 5-85 1 SS 2 PG2600 1 P2600 2 P-VP12 ~ P 120 2 P-VI'l. P 100 2 C- I 1 CCAGE2 C-1121 CSCAGE 2 ~1 K9C 2 ER© 1 RDO z HAS z KHA DSM 1 DSM 2 Crown Victoria Crown Victoria Crown Victoria (P71/720A) (P71/720A) (P71/720A) Garber Fard Mercury, Duval Ford Duval Ford Tnc. '"western * Northern * Central $20,506.00 $20,444.00 $20,444.00 Rear Transport Seat with extended seat belt --Patriot PSCV 1 Crown Victoria (P71/720A) Duval Ford * Southern $20,444.00 $G3G.001 $756.001 $756.001 $696.001 $726.001 $726.001 $786.001 Setina X10 Series l,exan Cage with sliding window, full width lower extension panel, ', dealer installed Setina SS Lexan cage with i/2 lexan and 112 expanded metal with full lower extension panel, dealer installed Pro-Gard P2600 Series Polycarbonate (Lexan) Cage with sliding window, full width :lower extension. panel, dealer installed Patriot VP1-120 l.exan cage with 1/2 Texan and 112 metal with. full lower extension panel, dealer installed Patriot VP1-100 all Lexan cage with full lower extension panel, dealer installed Cruisers Cage with slide and lack window, lower extension panels, dealer installed Cnzisers Cage with 112 Lexan and 112 mesh, lower extension panels, dealer installed K-9 Container. ANl aluminum Fn-Vehicle (rear seat area) K-9 Container to protect the public, officer, K-9, and vehicle. Please specify vehicle year, make and model. Call fax installation, shipping, and/or delivery prices. '' Electronic Remote Rear Door Opening system to Ise used with the K-9 Container. Allows the officer to release the K 9 from the vehicle from a remote position. 'Heat Alarm System to be used in a K-9 vehicle. Warns officer when dangerously high 'temperatures are inside the vehicle. Complete set of sha~s manuals ONLY rnrCL rxL?E,s srrrr~rrvc 1'T 1 ` EXTRA 2 Warranty -Specify si7s o r~EnrrC~raLE 1 S YEAR 75000 MrLE ZERO l]EIJUCTrBLE EXTrL4CAR!'r35P 2 BC 1 BASE ~ ;Warranty -Specify `` ~/~~ 0 L3EL~UCTrBLE 1 5 YEAR 75000 h9ILE ZERO DEL3UCTrr3LE BASE CArtE E5A 2 lC 1 POWERTRAIN 2 Warranty -Specify ~/~s a .oE~UCZ~r~z.E 1 s YEArt r noo~a ~arLE zEZ~o pE~UCTraLE ~owERT~Arrr Esc 2 $786A01 $~,©80.0©' $681.002 $740.0021 $730.002'- $740.002' $74o.ao2' $740.002 $774.002 i, $774.002 $2,225.©02 $940.001 ! $825.002 !. $626.001 $760.002 $346.001 $365.002! $1,660A01 '' $3,375.002' $2,745.001 ' $2,745.002 c $3,375.001 ' $2,865.002'. Bid Elwar~c>Y Annarxncerx~ent (OS-16-0908) 92 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: Apri12, 2009 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 APPEAL/SPRAB/ATLANTIC PLAZA II ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the SPRAB (Site Plan Review and Appearance Board) actions on the Class V site plan for Atlantic Plaza IL At its meeting of March 17, 2009, the City Commission voted 5 to 0 to appeal the SPRAB approval of the Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza II. This request is being processed pursuant to LDR Section 2.4.7(E)[Appeals]. BACKGROUND The project area consists of the existing Atlantic Plaza, all of Block 116 of the Town of Delray subdivision (block to the west of the existing Atlantic Plaza) and includes north/south and east/west abandoned alleys and the NE 7th Avenue right-of-way between Atlantic Avenue and NE 1St Street (8.65 acres total). Block 116 contains five buildings that were constructed between 1962 and 1979. These buildings contain office, multiple family, retail, and auction house uses. The gasoline station previously located at the northeast corner of Atlantic Avenue and NE Gtr' Avenue has been demolished. At its meeting of March 11, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza IL The development proposal includes demolition of the existing structures and construction of a mixed use project that contains 98,765 square feet of retail space, 32,921 square feet of restaurant space, 106,006 square feet of offices, and 197 dwelling units. SPRAB approved the development proposal subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the sub-grade drive aisles and parking beneath the private streets are acknowledged within the public easement/access area (subterraneal) and noted in the developer's agreement. 3. That a minimum of 57 spaces (or as adjusted by the recalculated net office area) within the automated parking system shall be made available to select non-residential tenants or required office employee spaces and that the note on the site plan is revised accordingly. 4. That the workforce housing option(s) and compliance with Article 4.7 be finalized and approved by the Director of Planning and Zoning prior to certification of the site plan. 5. That the photometric plans are revised to demonstrate compliance with LDR Section 4.6.8 prior to certification of the site plan. 6. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project) prior to issuance of a building permit. 7. That the applicant install a bus shelter and provide an easement along NE 6~' Avenue per the direction of Parking Management Specialist. 8. That the applicant provides a traffic calming element along NE 7tr' Avenue such as a speed hump or signage to be approved by the City Engineer. 9. That street signage for the private streets are consistent with the City standard signage. 10. That the light fixtures selected be full cut-off. 11. That FPL easements be shown on the plans submitted to staff for approval. 12. That self parking for the general public be restricted from the parallel parking spaces along Atlantic Avenue east of N.E. 7~' Avenue during the daytime and utilized by either a trolley stop or some other alternate form of parking to be worked out with staff. These spaces can be utilized by the general public for self parking during the evening hours. 13. That the driveover barriers be removed on the automated parking system access for building number six (#6) . 14. That a better location be found for the grease traps and roof access, to be worked out with staff. 15. That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. 16. That the developer will install temporary dedicated water line providing twenty-four hour, seven day a week bubbling irrigation to the relocated root pruned trees during the re-establishing period and that all new trees brought to be installed on the property be Florida Fancy in grade. 17. That the elevations of building two (2) are approved as presented at the SPRAB meeting, with the windows aligning with the column rhythm and spacing below. 18. That the south side of building six (6) be revised to provide the same material, texture, and architectural treatments as the north side of this building, to be worked out with staff. 19. To change the railing color from powder blue to green on building number four. The development proposal also included eight waiver requests, which were recommended for approval to the City Commission by SPRAB. These waivers will considered by the City Commission as a separate item at its meeting of Apri17, 2009. REVIEW BY OTHERS At its meeting of February 26, 2009, the CRA (Community Redevelopment Agency) recommended approval of the site plan. At its meeting of March 9, 2009, the DDA (Downtown Development Authority) recommended approval of the site plan. RECOMMENDATION City Commission discretion. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REGARDING THE APPEAL OF THE ATLANTIC PLAZA II PROJECT 1. This is an appeal of a decision of the Site Plan Review and Appearance Board (SPRAB) regarding the approval by SPRAB of the Atlantic Plaza II Project. This appeal comes before the City Commission on April 7, 2009. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval by SPRAB of the Atlantic Plaza II Project. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN: ARE THE COMPREHENSIVE PLAN REQUIREMENTS MET? Is the approval of the site plan, landscape plan, and elevations, with the conditions listed in Exhibit "A", attached hereto and incorporated herein, consistent with and does it further the policies and objectives of the Comprehensive Plan? Yes No II. LAND DEVELOPMENT REGULATIONS: ARE THE LDR REQUIREMENTS MET? Is the approval of the site plan, with the conditions listed in Exhibit "A", attached hereto and incorporated herein, consistent with Sections 2.4.5(F), 4.6.16, 4.6.18(E) and Chapter 3 of the Land Development Regulations? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 appeal, with the conditions as set forth in this order, and hereby adopts this Order this 7th day of April, 2009, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 EXHIBIT "A" To the Commission Order Regarding the Appeal of the SPRAB Decision for the Atlantic Plaza II Project 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the sub-grade drive aisles and parking beneath the private streets are acknowledged within the public easement/access area (subterraneal) and noted in the developer's agreement. 3. That a minimum of 57 spaces (or as adjusted by the recalculated net office area) within the automated parking system be made available to select non-residential tenants or required office employee spaces and that the note on the site plan is revised accordingly. 4. That the workforce housing option(s) and compliance with Article 4.7 be finalized and approved by the Director of Planning and Zoning prior to certification of the site plan. 5. That the photometric plans are revised to demonstrate compliance with LDR Section 4.6.8 prior to certification of the site plan. 6. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project) prior to issuance of a building permit. 7. That the applicant install a bus shelter and provide an easement along NE 6m Avenue per the direction of Parking Management Specialist. 8. That the applicant provides a traffic calming element along NE 7th Avenue such as a speed hump or signage to be approved by the City Engineer. 9. That street signage for the private streets are consistent with the City standard signage. 10.That the light fixtures selected be full cut-off. 11. FPL easements be shown on the plans submitted to staff for approval. 12.That self parking to the general public be restricted from the parallel parking spaces along Atlantic Avenue east of N.E. 7th Avenue during the daytime and utilized by either a trolley stop or some other alternate form of parking to be worked out with staff. These spaces can be utilized by the general public for self parking during the evening hours. 13.That on the automated parking system access on building number six (#6) that the driveover barriers be removed. 14. That a better location be found for the grease traps and roof access, to be worked out with staff. 15.That all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted 16.That the developer will install temporary dedicated water line providing twenty-four hour, seven day a week bubbling irrigation to the relocated root pruned trees during the re-establishing period and that all new trees brought to be installed on the property be Florida Fancy in grade. 17.That the elevations of building two (2) are approved as presented at the SPRAB meeting, with the windows aligning with the column rhythm and spacing below. 3 18.That the south of building six (6) be revised to provide the same material, texture, and architectural treatments as the north side of this building, to be worked out with staff. 19.To change the railing color from powder blue to green on building number four. 4 N-E- 2ND ST. O C~~ ,j Z Z ~ ~ ~ ~ O O 0] m N.E. 1ST CT. H ~ O O f!) Z N.E. 157 ST. z ~ VETERANS ~ z -~ PARK ~ ~ z s . ~- (n N -: W ~ _ ` W z w A T L A N T I C > j 5. 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ITEM: Atlantic Plaza ll - Class V Site Plan, Landscape Plan And Architecture! Elevation Approvals Associated With The Construction Of A Mixed Use Project That Contains 98,765 Square Feet Of Retail Floor Area, 32,921 Square Feet Gf Restaurant Floor Area, 106,006 Square Feet Of Office Floor Area, And 197 Dwelling Units. GENERAL DATA: Owner ........................ Praetor Investment, inc., Recovery Zone, Inc., Atlantic Center, Ltd., CDS Gas Station, LLC, and CDR Atlantic Plana, Ltd. Applicant ................... CDS International Holdings, inc. Agent ............................ Weiner, Aronson & Mankoff, P.A. Location ........................ Between Veterans Park and NE 6`h Avenue, and between East Atlantic Avenue and NE 15t Street. Property Size ................ 8.65 Acres Future Land Use Map... Commercial Core Current Zoning .............. CBD (Central Business District) Adjacent Zoning..North: CBD (Central Business District), RM {Multiple Family Residential -- Medium Density}, and CF {Community Facility} East: OSR (Open Space Recreation) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use......... Office, Retail, and Multiple Family Proposed Land Use...... Construction of a mixed use development with 98,765 sq.ft. of retail, 32,921 sq.ft. of restaurant, 106,006 sq. ft. of office, and 197 dwelling units. Water Service ............... Existing on site. Sewer Service ............... Existing on site. Sr. o~ 0 m ~ Q sr. ,- ~ 1/E 7FRANS o - PARK Z~ ~ FL tL^! TfC - _ PLti i= ,~ ~- _ .,. A T L A N T I C A V E N U E a Q a s.~~sr sr. ~ rr ~ AL ~ ~ Q ~i v~ S.E. 2ND hJ -~- ~ IV.A. ~- ITEM BEFORE TH:E BOARD The action before the Board is approval of a Class V site plan request for Atlantic Plaza I1 pursuant to LDR Section 2.4.5{F}. The request involves the following elements: D Site Plan; ~ Architectural Elevations; ~ Landscape Plan; and O Waivers. The project is located between NE 6th Avenue (Federal Highway) and Veterans Park and between Atlantic Avenue and NE 1St Street. ...___ ~- _- - _. Bp-C~KG;R`QU N d. __. - _. The project area consists of the existing Atlantic Plaza, all of Block 116 of the Town of Delray subdivision and the NE 7tn Avenue right-of way between Atlantic Avenue and NE 1St Street (8.65 acres total). Block 116 contains five buildings that were constructed between 1962 and 1979. These buildings contain office, multiple family, retail, and auction house uses. The gasoline station previously located at the northeast corner of Atlantic Avenue and NE 6th Avenue has been demolished. The site plan for the existing Atlantic Plaza was approved in 1984 with a total building area of 80,000 square feet. A non-impacting site plan modification was approved in 1986, reducing the total building area to 78,248 square feet. A total of 261 parking spaces were required for the approved building area. Since only 206 spaces were provided on site, the developer entered into an agreement with the City on January 3, 1986 to either provide the remaining required spaces in an off-site parking lot, or pay in-lieu fees for the 56 space deficit. On August 26, 1986, the Planning and Zoning Board approved a conditional use request fior an off-site parking lot at the northeast corner of NE 1St Street and NE 7th Avenue. The 62 space lot was constructed in 1992. It is noted that this property is not included in the current development proposal. On August 31, 1998, a Class III site plan modification request was submitted to expand the existing dry cleaners. During its meeting of October 21, 199$, the Site Plan Review and Appearance Board {SPRAB) approved a site plan, landscape plan, and architectural elevations associated with a 1,20D sq.ft. addition to Gulfstream Cleaners. At its meeting of October 17, 2005, the Planning and Zoning Board considered conditional use requests to increase the height and density of a proposed mixed-use project for Atlantic Plaza. The development proposal consisted of the existing Atlantic Plaza site together with portions of Block 116. The project consisted of 4 five-story mixed-use buildings with 57,137 square feet of retail floor area, 44,204 square feet of office area, and 8,811 square feet of restaurant area; a 795 space parking garage {distributed among the 4 buildings), along with 306 residential dwelling units. At this SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 2 meeting, the Board recommended approval of the conditional use requests to increase the height of the buildings above 48 feet (60 feet proposed) and to increase the density of the project above 30 dwelling units per acre (47 du/ac proposed). At its meeting of December 6, 2005, the City Commission considered the conditional use requests for the increase in building height up to 60'0" and the increase in density to 47 units per acre for the Atlantic Plaza project. Following consideration, the City Commission postponed the application in order to provide the applicant the opportunity to reconsider the massing of the project along Veteran's Park. However, at the request of the applicant, the project was never rescheduled for consideration by the City Commission and the file was closed. A new conditional use application was submitted for the subject property, which is bordered by Veteran's Park on the east, NE 6th Avenue on the west, Atlantic Avenue on the south, and NE 15t Street on the north. This application was to allow an increase to a maximum building height of 60 feet. At its meeting of December 9, 2008, the City Commission approved the conditional use to increase the building up to a maximum height of 60 feet subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached to the conditional use staff report; 2. That a recreational amenity is provided for teens such as a sport court or "teen" room that includes ameni#ies such as video gaming, billiards, or ping gong. 3. That the applicant provide traffic calming measures along NE 7tr' Avenue north of NE 15t Street (i.e. warning signage, speed humps, etc.} to be approved by the City Engineer. 4. That the applicant demonstrate compliance with the requirements of Article 4.7 (workforce housing} prior to certification of the site plan. 5. That the turret features on building #4 are lowered to a maximum height of 6© feet. 6. That a sufficient number of parking spaces are allocated to select commercial tenants in the automated parking system to mitigate the deficiency in the number of self parking spaces. Compliance with this condition shall be verified by City staff prior to certification of the site plan. {This condition is modified from the Planning and Zoning Board recommendation to now anticipate plan adjustments resulting from the re-alignment of NE 7tr' Avenue}. 7. That the applicant receives approval for deep-well injection of storm water from the Florida Department of Environmental Protection prior to certification of the site plan. 8. The workforce housing requirements per 4.3.4(J)(4}{b) must be met as well as Article 4.7 of the LDRs. The development proposal has been revised #o address conditional use approval numbers 2, 5 and 7. A billiard table and cyber cafe have been provided in the first floor of building number IV to address the requirement for a teen amenity. The height of the turrets has been lowered to 60 feet. Finally, the .conceptual engineering plans indicate that storm water will be directed to a system of on-site drainage fields within the private street with outfall to the City's storm water collection system. Thus, the need for deep- well injection is no longer necessary. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 3 At its meeting of February 17, 2009, the City Commission approved the abandonment of NE 7th Avenue and the alleys within the project area, subject to the provision of an easement for public access to a "relocated" NE 7th Avenue. The approval of the abandonment included the approval of a waiver to the minimum centerline s#reet jog ofFset of 125 feet (85 feet at the intersection of NE 7th Avenue and NE 1St Street). The action now before the Board is approval of the site plan, landscape plan, building elevations, and recommendation of several waivers. - -- --- P~OJ'EC=T DESCR1PT=fOM The development proposal incorporates the following: - Demolition of the existing structures and construction of a mixed use project that contains 98,765 square feet of retail floor area, 32,921 square feet of restaurant floor area, 106,006 square feet of office floor area, and 197 dwelling units (27 loft units; 18 --1 bedroom units; 95 - 2 bedroom units; and 57 -- 3 bedroom units); - Construction of parking facilities that contain a total of 1,059 parking spaces. This parking is provided via sub-grade parking; an above-grade parking garage, paralle! on-street parking, and individual twa car garages for the townhomes. The sub- grade parking facility includes traditional self-parking spaces together with two automated parking "wells" that extend approximately 23 feet below grade and accommodates a total of 366 vehicles. - Abandonment of NE 7th Avenue between Atlantic Avenue and NE 1$t Street and alleys within Block 116. The street will be relocated approximately 85 feet to the east and an eastlwest street (Atlantic Court) will be added mid-block to provide access to Federal Highway. The development proposal includes the elimination of the two~way driveway connection from Atlantic Avenue to Veterans Park. - Installation of one dedicated parallel loading area along Atlantic Court together with 12 dual purpose parallel parkinglloading areas along Atlantic Court and NE 7th Avenue. - Construction of a deceleration lane along NE 6th Avenue at Atlantic Court; landscape medians along Atlantic Avenue; and parallel parking spaces along NE 6th Avenue and Atlantic Avenue. - Construction of two roof-top and one at-grade swimming pools. - Installation of sidewalks, walkways, and associated landscaping. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza I1 Page 4 The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.4.13(1=)(4)(a) through {d), which requires various street frontage setbacks for buildings located in the CBD zoning district. 2. A waiver to LDR Section 4.3.4(J)(3)(c), which requires #hat a sloped parapet be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project na more than 12 feet into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. 3. A waiver to LDR Section 4.6.9(D}{3){c)(1}, which requires a 50-foot stacking distance for a parking facility that contains 51 or more parking spaces. 4. A waiver to LDR Section 4.6.14(A}(1} and (2), which requires a 20-foot visibility triangle at the intersection of an accessway and a public right-o'F way and a 40-foot visibility triangle at the intersection of two public rights-of-way. 5. A waiver to LDR Section 4.6.9{D)(11), which requires that mechanical parking lifts be single level and staffed with an attendant. 6. A waiver to LDR Section 6.1.2{C}{3)(a), which requires a minimum pavement width of 24 feet. 7. A waiver to LDR Section 4.6.9(D)(4}{a), which requires that parallel spaces be a minimum of 8 feet deep and 22 feet in length. 8. A waiver to LDR Section 4.6.18(B)(14)(iv)(2}, which requires that the minimum transparency or glass surface area on the ground floor wall area of ail non- residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. S1T.E-.PLAN ANALYSIS= __ COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Derrelopment Regulations shall specifically be addressed by the body taking fiinal action on the site and der-elopment applicationlrequest. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza 11 Page 5 -_- START OF_ SiTE PLAN: WA-IVER_ANALY_S-'1S Pursuant to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafe situation; and (d} Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4} as it pertains to the Gentral Business District (CBD} zone district, except for those portions of the buildings as noted in the furthest column to the right: 3 Bu ildings. #1 an d #3 Redurred _ Com 13ance with P Roach Building ~~~ Building i Required Lo# = F Proposed LDR Requir~rrients? Building He€ght Frontage I Setback rontage ; Lot Side (minlmax) at 1=vantage - Setback _ Yes No = 70% 192.31' Atlantic Ground min.19D% 10' max. min.1247. 0' Avenue= ~ Floor to max. 25' max. ' ' 37' Remaining ' 27.48' ' .274:73 ° - length 15 min. mrn. 274.73 Lo# -=.-. ___ _ . Fr©riiacg~ 3T to , 70% min. 15' min. 192.31' 104% 48 min. 70% 187.88' Ground min./90% 10' max. min.1241. 0' ivE 6"~ Floor to max. 56' max. Avenue 37' Remaining 15' min. 26.83' 260 82' length min. . i 268 3' Lot 3T fo 187 92' Frontage ' 70% min. 15' min. . '100% 48 min. 4 8 to 90% 30' min. ~4n 61 100% r 6 0 . • Atlantic_ Z4% 245.8T Court Ground min.190% 10' max.: min./316. 0' Floor to max. 12' max. 35125' 25' Remaining 15' min 35'12 $0 25' Lot- len th . min. . Frontage 25' to 70% min. 15' min. 245.8T 49.48% 48' min. _ _ .__.. ._{177.42' SPRAB Staff Report Class V Site Plan, Building Eleva#ions, Landscaping, and Waivers for Atlantic Plaza 11 Page 6 48' to 90% min. 30' 316.72' 47.40% 60' min. 166.5' 7D% 198.78' ' NE-,"' Ground min.190% 10' max. min.1255. D' n Floor #o max. 58' max. Ave tfe-._ ~ 25 Remaining ' 35.12' ' 2 ' len th 15 min. min. 8D.25 83.98 Lat = 25' to , 7D% min. 15' min. 19$.79' 98.5% F t 48 min. 4.41' ron age ' ' to 48 90% min. 30' 255.58 100% ~ 60, min. f-=~ - - Buildings #2, #4, and #5 Req~iired Compliance with Road/ Buiiding °o Building - i~equrred = Lot Proposed LDR Re uirements? q E3uiltiing Heighk Frontage - 5e#ii~ck Frontage Lut ' Side (t'ni~~lmax) at Frontage . Setback Yes No ' - 7D% 208.58' Atlanfic Ground rain./90% 10' max. min.1268. 0' Avenue- Floor to max. 18' max. ~ 37' ' 297 98' Remaining 15' min 29.79 297 98' ~` . :Lot length . min. . Frontage 3T to 208 58' 48' 70% min. 15' min. . min 100% " . 70% 418.66' NF ~rh Ground min./90% 10' max. min.1538. ' 0" x Floor to max. 28 max. Avenue' 25' Remaining ' 59.SD' ' length 15 min. min 540.39 ~ . Lot : 3T to 70% min 15' min 418.66' 98.3% Frontage 1 48' . . min. 5$7.39' 48' to 90% min. 30' min. 538.28' 73.53% * ~ -- - - 60' 439.72' _ N E 1 ° ~ - 70% 147.84' Ground min.190% 10' max. min./190. 0' Street ~ Floor to max. 06' max. 211;18' 25' Remaining 15' min 21.11' 211 18' t - L len th . min. . o Frontage 25' fO Pursuant to LDR Section 4.4.13(F)(4)(e)(7), upper IeveJ sefbacks do not apply to 3-sfory 48' touvnhomes. SPRAB Staff Report Class V Site Plan, Building elevations, Landscaping, and Waivers for Atlantic Plaza ll Page 7 wilding #6 Required Comb]€ance with Road! Building % Building Required Lot - Proposed LDR Re urements? q Building; Height Ftontage = Setback I rontage = Lot Side _ (rninlmaxj ~ at' Frontage _ ,_-_ Setback ~ Yes ` No 70% 188.18' Ground mrn.190% 10' max. min./241. 0' NE 6E" Floor to max. 94' max. Avenue 37' Remaining 15' min 26.83' 231 49' ` len th 9 . min. . = 26$:$3 . Lot 37' to ° 70 /o min. 15' min 188.18' 100% * Frontage 4$' . min. (268.83') 48' to gD% min. 30' min. 241.95' 1DD% ` 60' (268.83') 70% 245.54' 5t = Ground min.190% 10' max, min.1315. 0' NE_1 Floor to max. 64' max. Street - 25' Remaining ' 35.0T , ' len th g 15 min. min. 350.72 350:72 i 25' t 245 50' Lot ' ' ° ' 70% min. 15' min. . 100% * 1"rontage 48 min. 48 to 90% min. 30' min. 315.65' 100% 60' 70% 184.$5` ~~t, ` Ground min.190% 10' max. min.1237. 0' NF A n Floor to max. ST max. ve ue 25` Remaining ' 2$'40' ' 264:08' len th 15 min. min. 183.75 Lot 25' to ' 70% min. 15' min. 184.86' 1 OD% Fronta e 4$ min, g ' ° 48 to g0% min. 30' min. 237.6T 69.58 /° * E 60' 183.75' 70% 246.38' Ground minJ9D% 10' max. min,1316. 0' '" Interior stre j - Floor to max. 78' max : et 25' Remaining ' 35.19' ' 358 82' len th 15 min. min. 54.75 ; Lot tO 70% min. 15' min. 100% * it e 48 min. or ag r ' ° 48 to 9D% min 30' min 316 78' 28.45 /o * 6D' . . . 1 oD.11' Waivers necessary for those portions of the buildings that do not comply with the setback requirements have been requested. The applicant has submitted the following verbatim narrative in support of the waivers: SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 8 "...The waiver shall not adversel affect the nei hborin area. The granfing of the waivers will not adversely affect the neighborhood. Granting of the waivers will permit the consolidafion of areas within the mixed use development that can be utilized for the creation of quality pedestrian friendly areas, sidewalk cafes, open space/ acfivity nodes, and permit the creation of a pedestrian friendly sfreefscape that will contribute to the quality of life for the citizens utilizing the project as well as the future residents of the Atlantic Plaza project and the surrounding residents. The waiver shall not significantly diminish the provision of_public facilities. but dated ufilifies will be updated and upgraded fo service fhe proposed project as well as provide more efficient service for the surrounding neighborhood Storm water facilities will be designed and installed to insure that no flooding occurs during storm conditions. The waiver shall not creafe an unsafe situation. The resulting street confrguration will serve fo protect the city grid system and aid in the calming of local traffic within the area, while discouraging "cut-through" traffic fo the surrounding neighborhood. The street grid will be preserved and access to fhe area will be improved and controlled through the inclusion and improvement of turn lanes, Traffic signals, and traffic calming methods within the project. The posifioning of the buildings as related to the sfreef will create "safety corridors" that will enable law enforcement to clearly observe Large areas within the project which will contribute to fhe level of safety for all users of fhe Atlantic Plaza neighborhood. ,The waiver does not result in the s rq anting of a special privilege in that the same waiver would be ranted under similar circumstances on other ro ert for another a licant or owner. No special privilege will result from the granfing of this waiver. The purpose of the waiver is to permit the sfreetscape to be designed in a pedestrian friendly manner That could be introduced into any number of development projects within fhe city. Therefore, positive findings with respect to LDR Section 2.4.7(B)(5) Waiver Findings, can be made and the request for fhe above waivers can be approved. This project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) for fhis waiver request. By granting this waiver, a superior producf will be achieved.".. Waiver Analysis: As noted in the preceding tables, the development contains 16 instances where the proposed development does not comply with LDR Sections 4.4.13 Section (F)(4)(b), {c}, and {d) [street frontage setbacks}. In 11 of these cases the buildings actually exceed SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers forAtiantic Plaza it Page 9 the maximum setback (10 feet) for the lower building levels by up to 10 feet. In the remaining 5 instances the setback encroachments are located along the interior private streets (Atlantic Court and NE 7t" Avenue) and are on the upper levels of the buildings. The purpose of the street frontage setback requirements is to foster a neo-traditional urban design with buildings fronting the street to create a pedestrian friendly streetscape. The proposed deviations from these requirements will not significantly affect the goal of providing a pedestrian friendly atmosphere and will provide greater design flexibility with respect to wider sidewalks to accommodate the vision of restaurants with sidewalk cafes. The SPRAB has supported similar waivers to these street frontage setback regulations with the Office DepotICVS Pharmacy project, The proposed encroachment on the upper levels of buildings #3, #4, and #6 will not have an adverse affect on neighboring area, diminish public facilities, or create an unsafe situation since they are not at the ground floor area and are located at the interior of the project. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Automated Parking System: Pursuant to LDR Section 4.fi.9(D)(11), mechanical parking lifts are allowed within the City. However, the proposed system does not comply with all of the City's requirements for mechanical parking lifts. Currently, the City allows only single level mechanical lifts, which must be operated by an attendant. The proposed system is multiple levels and will be a self-serve operation. The City's current requirements for mechanical parking facilities were crafted for a different type of system and do not anticipate the proposed automated parking system. The applicant has submitted a waiver request from the applicable mechanical parking requirements. The applicant has submitted the following verbatim narrative in support of the waivers: "In addifion, The Downtown Delray Beach Master Plan ("Plan') supports this waiver as it states if is critical to deal with fhe parking that today is eating up the fabric. The Plan says "Land is not cheap, and commercial land prices in Delray Beach keep rising_ In cities like Delray, a large surface parking lot does not make economic sense (both far the private and public sector) -the land is much more valuable as building area. While sufficient parking is necessary, it is important that unnecessarily large parking lots are avoided. Large parking lots are not pedestrian orienfed_ Pedestrians are constantly "sharing" the car's environment. They are unsafe" This project embraces advances made in fully automated mechanized parking systems. These automated systems have been utilized in Europe and other parts of the world for over fifty years, and currently many of these new systems have been installed or are under construction throughout fhe United States. This system is entirely contained within the underground parking garage and mainly supports the residential component, leaving the balance of the traditional parking within the garage fo support the (office, retail/resfaurant) commercial component. SPRAB Staff Report Class V Site Plan, Building Elevations, Irandscaping, and Waivers far Atlantic Plaza II Page 10 The following narrative describes the operational features of the proposed parking system: Upon traversing the parking garage, one arrives at one of the two garage transfer stations {"GTS') containing 3 transfer areas each. These secured transfer areas resemble that of a fraditiona! residential garage. The garage door is activated by the driver, and the automobile is driven info the garage onto its palette. The driver exits the vehicle and engages the automated parking procedure, either by fob, fingerprint, card or digital entry code, then leaves the garage en-route to the passenger elevators. Upon activating the automafed parking procedure, the vehicle is scanned for size. Once the passenger exits the GTS, the vehicle on its paleffe is rotated 980 degrees, fhe rear garage door opens allowing the robotic arm or rail crane fo exchange an empty palette with the rotated paleffe and vehicle, closing fhe rear door and delivering the Loaded paleffe fo its nested location. The rear door will not open if the vehicle is still running. The parking system provides for limited experience based artificial intelligence, locating lesser used vehicles further from the GTS. The parking racks are sized by a mix of heights allowing for differing vehicles, all rack spaces are fhe same width. Each residential parking component is comprised of three transfer areas wifh two robotic arms or rail cranes for redundancy purposes and are connected to fhe buildings generator. The system is capable of 60-70 operations per hour at each T.A. Vehicle retrieval can be activated from within fhe dwelling unit or prior to entering the GTS_ The residential units will contain a managemenf system for lighting, environmental (a/c), and communlcafions {phone, cable, satellite, computer, etc.). Included within this system is a provision for vehicular retrieval. After activating the parking system from the unit, the parking system will start the delivery sequence only after fhe elevafor on fhe appropriate floor has been called and activated for the parking garage level. These parking systems compress fhe areas required for providing parking and provide for better security for the vehicle owner, the vehicles themselves and fheir contents. The palettes prevent liquids ar debris from falling on the vehicles or floor below, keeping contaminants and other waste products in a manageable environmentally friendly circumstance." Waiver Analysis: As noted previously, the City's current mechanical parking lift requirements were designed for a different parking system. The primary differences are the proposed system is multiple level that is operated by keypad, which does not need an attendant. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers far Atlantic Plaza II Page 11 The City's Parking Management Specialist has reviewed the proposed automated parking system and found that sufficient stacking is provided for the system to operate efficiently. The waiver would not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5}, Waiver Findings. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of-way and the first parking space or aisleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance for the southern garage entrance of building #6 (Atlantic Court} is 36 feet 9 112 inches, and 19 feet 10 inches for the eastern garage entrance along NE 7t'' Avenue. The applicant has submitted a waiver request from the stacking distance. The applicant has submitted the following verbatim narrative in support of the waivers: "...Fifty feet {50) of stacking distance is not a realistic requirement in an urban area. The granting of such a waiver is consistent wifh the neighboring area and other projects in the downtown area that have obtained a waiver to the stacking distance, including but not limited to Atlantic Shares, Miraflores and The Mark. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since the parking spaces of only two {2) townhouses are located within one of fhe required stacking distances. In addifion, if the stacking distance was measured to fhe edge of the curb, a reduction from 50' to 29'-10" for the east entrance would only be required, only affecting one (1) of fhe townhouse parking spaces. Due to the location of the project in an urban area, and the fact that fhere are multiple points of access to the parking garages, the waiver fo reduce the stacking distance should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted..." Waiver Analysis: The development has three points of access to the 843 space sub-grade parking area, which reduces the stacking impact on the two driveways within building #6. The City has approved reductions to the stacking distance when a parking facility contains multiple points of access. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Visibility at Intersections: Per LDR Section 4.6.14(A)(1) and (2), the required sight visibility triangles are 20 feet at the intersection of the accessway and the public right-of--way and 40 feet at the intersection of two or more public rights-of way. The proposed buildings encroach into the visibility triangles as noted by the large and small arrows in the map below. The SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 12 remaining intersections that are not marked by arrows comply with the required sight visibility triangles. ~ ! i ii j ~~ ; iii ~ __ ~~ 9~ Q ' ,-~ r....~ The applicant has submitted a waiver request from the sight visibility triangles. The applicant has submitted the following verbatim narrative in support of the waivers: "...Due to the nature of urban infill projects, waivers from sight visibility friangle requirements are often granted. Safety is not compromised because if measured from the travel way or thoroughfare and not fhe properfy line, the site visibility requirements are more than safisfied as is evident in the attached STAP. Moreover, the speed at which traffic travels on these urban streets is significantly slower than other areas. Similar waivers have been approved for other projects in the area, including but not limited to Atlantic Shores, Old Palm Grove, 5th Avenue at Delray, Pineapple Grove Village, Hamilton Place, Renaissance Village, Ocean City Lofts and Porta Al Mare. Similar circumstances on other properties would lead fo the same conclusion and once again, have been granted._." Waiver Analysis: The proposed sight visibility encroachments are insignificant consisting of up to approximately 6 feet into a 40-foot visibility triangle and 20-foot visibility triangle. Given the minor decreasesto the visibility triangles, lower internal traffic speeds, and one-way road (NE 6t~' Avenue} there will be no adverse impact on public safety. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(8}(5), Waiver Findings. SPRAB Staff Report Class V Site Pfan, Building Elevations, Landscaping, and Waivers for Aklankic Plaza 11 Page 13 Sloped Parapets: Per LDR Section 4.3.4{J)(3)(c), sloped parapet features shall be no more .than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent of the flat roof area of the building. Buildings #1, #2, #3, and #6 contain sloped parapets. In combination, the sloped parapets on these three buildings exceed 6 feet in height (7 feet 2 3/a inches maximum proposed), project more than 2 feet beyond the face of the building (3.5 feet maximum proposed), and project further than 12 feet into the flat roof area of the buildings (16 feet 4 inches maximum proposed}. The applicant has requested waivers from those portions of the buildings that do not comply with the sloped parapet requirements. The applicant has submitted the following verbatim narrative in support of the waivers: "_ _ .The increase in height above the main roof slab is the minimum height necessary to properly screen the roof mounted equipment. The projecting portion of fhe sloped parapet beyond the face of the building has been designed as a roof eave. LDR Section 4.4.13(F)(8)(c) allows roof eaves to project a maximum of 4 feet and the slope parapet looks and feels like a sloped roof, meeting the intent of the L~Rs. Greater roof overhangs are preferred for protection from fhe sun and for protection from moisture damage:.." Waiver Artialysis: The building elevations indicate that the increased sloped parapet height will screen the rooftop air conditioning equipment at a 90-degree angle. Thus, the waiver would allow the sloped parapet to screen this mechanical equipment and avoid an alternate screening method for each individual fixture. Further, the increased eave is an aesthetic improvement that will improve the proportionality of the sloped parapet and height of the buildings than would otherwise be allowed if these buildings had hip or sloped roofs. The sloped parapets will not have an adverse affect on neighboring area, diminish public facilities, or create an unsafe situation. Accordingly, positive findings can be made with respect #o LDR Section 2.4.7(B){5), Waiver Findings. Paving Width: Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for local street is 24 feet. The proposed width of Atlantic Court and NE 7t" Avenue is 22 feet. The applicant has submitted a waiver request from the minimum pavement requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...A road width of 22' is preferred in an urban area and the granting of such a waiver would be consistent with the neighboring area and other projects fhat have requested a waiver to the road width. Across-section of NE 7th Avenue is attached as Exhibit "A': SPRAS Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 14 The narrower road will also require vehicles fo travel at lesser speeds, which actually creates a safer environment and creates a better pedestrian friendly sfreetscape and refail environment. A narrower also street creates a friendlier streefscape and more public space while allowing for more landscaping and wider sidewalks. In addition, City Engineering Detail RT 1.3 indicates that the paving width should be 22' for a typical 50'R/W with Parallel Parking. This is the width we are proposing for NE ~h Avenue. This detail is attached as Exhibit "B". Similar waivers have been granted, including, but not limited to, Hibiscus Lane, Highland Grove, Heritage Club, OId Palm Grove and Bexley Park..." Waiver Analysis: The development proposal provides a 22-foot wide street with 2 feet of valley curb and gutter on both sides of the pavement. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer has reviewed the request to reduce the pavement width from 24 feet to 22 feet and is in support of the reduction. The reduced pavement width will provide for 22 feet of pervious surface which is bordered by a 2-foot valley curb on each side. While the city standard does not pravide for the reduced pavement width when using a valley curb, this is an acceptable standard for many other municipalities and Palm Beach County. The Fire Marshal is in support of the request. This proposed reduction will not affect the neighboring area and will provide sufficient area for access and is adequate for public facilities. The City has approved similar reductions elsewhere in the City. Accordingly, a positive finding with respect to LDR Section 2.4.7(6)(5), Waiver Findings can be made. Parallel Parking: Per LDR Section 4.6.9(D)(4)(a), parallel parking spaces shall be 8 feet in width and 22 feet in length. The proposed end parallel parking spaces are 8 feet in width and 2Q feet in length. The applicant has submitted a waiver request from the parallel parking space requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The reduction in fhe length of the end parallel parking spaces is to allow for increased landscaped islands. The larger islands will allow for more variation and a greater type of landscaping material to be planted in them. The additional landscaping will create a superior project. In addition, a 45 degree Papered landscape island sfil! SPRAB Staff Repor# Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza 16 Page 7 5 provides the additional space required for maneuvering the vehicle into the para!!eI parking space, thus meeting fhe infent of the LDRs..." Waiver Analysis: The City's Parking Management Specialist has reviewed the proposed waiver and supports the reduction in the length of the end parking spaces provided the landscape islands are tapered to allow for easy access and egress from these parking spaces. Further, the taper allows for a larger landscape island and improves vehicles entering and exiting these end spaces. Accordingly, a positive finding with respect to LDR Section 2.4.7{B}(5), Waiver Findings can be made. - - _ - ~ -~ END OF S17E_ a?tAN WAIVER ANALYSIS Side Interior Setback. Per LDR Section 4.4.13(F){5)(a), a zero-foot setback is required along the east side of the property adjacent to Veterans Park and a 9.96 foot setback is proposed. Thus the development complies with this requirement. Sub-Grade Parking Facility Setback: Per LDR Section 4.4.13(F){4)(a)(2), the minimum setback for the sub-grade parking facility is 5 feet from the property line adjacent to the public street or the tract line from the interior street tracts for Atlantic Court and NE 7t" Avenue. The proposed setback for the sub-grade parking facility is 16.25 feet along Atlantic Avenue, 15.15 feet along NE 6t" Avenue, 16.08 feet along NE 1St Street, 12.54 feet along Atlantic Court, and 10 feet along NE 7t" Avenue. It is noted that the sub-grade drive aisles and parking located beneath the Atlantic Court and NE 7f" Avenue tracts will be addressed via the developer's agreement for these private streets. A condition of approval is attached that these sub-grade drive aisles and parking are included in the developer's agreement. Parking Requirements: LDR Section 4.4.13{G}(1)(a) requires 1 parking space per 300 square feet of total floor area for all nonresidential uses except restaurants. The required parking for restaurants is 6 spaces per 1,000 sq. ft. of total floor area. Parking for multi-family residential structures and mixed use development must be provided pursuant to the following: SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza I1 Page 16 • 1=fficienc dwellin unit 1.0 spacelunit • One bedroom dwellin unit 1.25 spaces/unit • Two or more bedroom dwellin unit 1.75 spaces/unit • Guest arkin shall be rovided cumulative) as follows: - for the first 20 units 0.50 s aceslunit - for units 21-50 0.30 s aceslunit - for units 51 and above 0.20 spaceslunit The proposed development contains 98,7F5 square feet of retail, 32,921 square feet of restaurant, 106,006 square feet of office and 197 residential dwelling units comprised of 19 townhouse units (all are three-bedroom units), 27 loft units, 18one-bedroom, 95 two- bedroom ,and 38 three-bedroom units. Based on this developmen# mix, the required parking for the proposed development is 1,028 parking spaces when adjusted by the shared parking allowance noted below. LDR Section 4.6.9(C)(8){a) -Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses {see below). Weekday - We e{~end ? .- Nrght _ Day Evening Day Evening !IS$ I~eq~ired:-. fiil~dright to 6':4IV1 3 AM.to 4 PIVI 6 PM to Midnight 9 AM fo 4 PgM1 6'PM to M~dn ht Residential 48.4 100% 48.4 60"~ 29.04 90%= 43.56 80% _ 38.72 ' 90% 43.56 Of#ice 353.35 5%° '17.6675 100% - 353.35 10% 35.335 90% , 35.335 S% 17.6675 Commercial/Retail 329.22 5% 16.461 70°l° 230.454 90%" 296.298 100`% 329.22 70% 230.454 Restaurant 197.53 10% 19.753 50% 96.765 '. 100"/° 197.53 50% 98.7fi5 100% 197.53 Reserved Parking 315.5 100% 315.5 3:04% 315.5 100°io- 315.5 900°1° 315.5 .100% 315.5 TOTALS 1244 41$ 1028 889 818 845 The development provides a Iota! of 1,059 parking spaces on-site via a combination of above grade parking (144 spaces}, below grade parking (477 spaces), an automated parking system located below grade (366 spaces}, individual garages for the townhames (38 spaces), and parallel parking spaces within the interior streets (34 spaces). It is noted that the applicant has indicated that all residences will park in the automated parking system and the townhouse garages. It should also be noted that the parking calculation for the offices is based on the rc1 OsS floor area. The City Commission recently adopted a LDR text amendment that allows the calculation of parking for business and professional office to be calculated on the net floor area. Prior to certification of the site plan, the applicant should recalculate the floor area of the office accordingly, which will result in a reduction in the total required parking for the project, and revise the information on the plan. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza I1 Page 17 There is a concern with respect to the development proposal that there are insufficient self-parking spaces to accommodate the demand of the residential ug ests, office, retail, and restaurant employees and patrons. Based on the shared parking table noted above, these uses will generate a need for 712 self parking spaces. However, the development provides only 655 (144+477+34) self parking spaces (57 space deficiency}. Therefore, a condition of approval is attached that a minimum of 57 spaces (or as adjusted by the recalculated net office area) within the automated parking system be made available to select non-residential tenants or required office employee spaces and that the note on the site plan is revised accordingly. Minimum Residential Floor Area: Pursuant to LDR Section 4.4.13(H)(6) and LDR Section 4.3.4(K)[Minimum residential floor area], the minimum required floor area for efficiency dwelling units is 400 square feet, aone-bedroom unit is 600 square feet, atwo-bedroom unit is 900 square feet, and a three-bedroom unit is 1,250 square feet. There are 27 efficiency {loft) dwelling units that range in size from 976 square feet to 1,643 square feet; 18 one-bedroom dwelling units that range in size from 1,147 square feet to 1,271 square feet; 95 two-bedroom dwelling units that range in size from 1,519 square feet to 2,495 square feet; and 3S three-bedroom units that range in size from '1,421 square feet to 2,596 square feet. Based upon the above this LDR requirement has been rnet. Workforce Housing; As noted in the background section of this staff report, the development was granted conditional use approval to increase the height of the building to 60 feet subject to the condition that the applicant demonstrate compliance with the requirements of Article 4.7 (workforce housing} prior to certification of the site plan. Per LDR Section 4.3.4(J){4)(b)(iii), workforce housing equal to at least 20% of the residential units on the top floor (fifth story) shall be provided within the development, offsite, or through monetary contributions as referenced in Article 4.7. The proposed development provides a total of 42 dwelling units within the fifth floor of buildings #3, #4, and #6. Thus, the developer will be responsible for the provision of 9 workforce dwelling units. The units (if any) that are provided either on-site or off-site will need to comply with the location and amenity requirements of LDR Section 4.7.9. If the developer opts to contribute monetary funds, an in-lieu payment of $160,000 per unit will be required payable to the City of Delray Beach Housing Trust Fund. The workforce housing option(s) and compliance with Article 4.7 will need to be finalized prior to certification of the site plan and this is attached as a condition of approval. Building Height: Pursuant to LDR Section 4.4.13(F}(1)(a}, the overall height of buildings shall be a minimum of 25 feet and a maximum of 48 feet in height. Exceptions to the height limitations shall comply with Section 4.3.4(J)(3) and (4). The height is defined as the SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page '18 vertical distance from grade to the highest finished roof surface of a flat roof, or the soffit above the last habitable floor of a gable, hip or gambrel roof. The proposed development utilizes a combination of flat and hip roofs. The building elevation plans indicate that the flat roof portions of the development comply with the maximum roof height of 60 feet as allowed per LDR Section 4.3.4(J}{4). Further, the plans have been revised to lower the four hip-roofed "turrets" on building #4 to 60 feet to address the conditional use approval. Building Height Restriction: Pursuant to LDR Section 4.3.4{J)(4)(b)(i)(9), an increase to a maximum height of sixty feet, may be approved by the City Commission as a conditional use for property within the Central Core portion of the CBD {Central Business District), except for that portion within 150 feet of any zoning district which has a maximum height limit of 35 feet, measured from the property line of the CBD zoned property. The property located at the northwest corner of NE 7~" Avenue and NE 15t Street is zoned RM (Multiple Family Residential _ Medium Density) has a 35-foot maximum height requirement. Thus, the 150-foot separation requirement applies to building #6, which includes a fifth floor. The fifth-story floor plan for building #6 graphically depicts the 15D-foot separation. The fifth floor of building #6 is located along the south side of this building and is not within 150 feet of the RM zoned property. Therefore, the proposed development complies with this requirement. Arcades: Per LDR Section 4.4.13(F){1)(b), arcade height shall be a minimum of 10 feet measured from finished arcade floor to finished arcade ceiling. The proposed arcades comply with this minimum height since the arcade heights are 17 feet. Per LDR Section 4.4.13(F}(4)(f){3), arcades shall have a minimum width of 10 feet, inclusive of columns or pilasters up to a maximum width of 2 feet. Three of the buildings within the project have arcades including buildings #2, #3, and #4. The width of the arcade far building #2 is 14 feet 4 inches and the column width is 3.5 feet. The width of the arcade for building #3 is 12 feet 8 inches and the column width is 4 feet. The width of the arcade for building #4 is 15 feet 10 inches and the column width is 2 feet. Based on the above, the proposed development complies with the arcade height, width, and column width. Floor Height: Per LDR Section 4.4.13(F}(1)(c), the floor height shall be a minimum of 1D feet for ground floors and a minimum height of 9 feet for all other floats. All heights shall be measured from finished floor to finished ceiling. 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. The least ground floor height for all six buildings is building #5, which has a height of 1D feet 4 inches. The least upper floor height for all six buildings SPRAB Staff Report Class V Site Plan, Building Elevakions, Landscaping, and Waivers for Atlantic Plaza ii Page 19 is building #6, which has height of 9 feet. Thus, the proposed development complies with the minimum floor height requirements. Open Space; Per LDR Section 4.4.13(F}(2}, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B) there shall be no minimum open space requirement. Notwithstanding the provisions of this section, the body acting upon a development application within the CBD may require that open areas, including but not limited fio courtyards, plazas, and landscaped setbacks, be provided in order to add interest and provide relief from the building mass. It is noted that the proposed development has provided 32,238 square feet {8.55%) of the total project area as open space landscaped area. Sidewalks. Per LDR Section 4.4.13{F)(4)(f), the front materials to match the existing or planned The plans indicate that the sidewalks will configuration and style that matches the Thus, this regulation has been met. setback area shall be finished with paving sidewalks within the adjacent right-of--way. be finished with pavers in a herringbone existing sidewalks along Atlantic Avenue. Lighting: A photometric plan has been submitted for the parking and pedestrian areas within the development. Pursuant #o LDR Section 4.6.8{A)(3), the ramps within the sub-grade parking area exceed the 10 foot candle maximum night illumination and 20 foot candle maximum day illumination level (20.4 foot candles proposed). The illumination level within the parking area of building #6 exceeds the 10 foot candle maximum illumination level within the parking area {18.2 foot candles proposed}. Further, the illumination levels in the parking area of building #6 exceed the maximumlminimum and averagelminimum ratios of 10:1 and 4:1 respectively. The illumination level of the ramp within building #6 exceeds the 10 foot candle maximum day level {18.2 foot candles proposed}. Finally, the photometric plan needs to include the photometric information for the drive aisle on the south side of building #5 and the private streets. A condition of approval is attached that the photometric plans are revised to demonstrate compliance with LDR Section 4.6.8 prior to certification of the site plan. Right~of~Way Dedication: Pursuant to LDR Section 5.3.1 (D){2), the right-of-way width requirement for Atlantic Avenue is 80 feet. The existing width east of the intersection of Atlantic Avenue and NE 7t~' Avenue on the north side of the centerline is 33 feet. Therefore, a dedication of 7 feet will be required, which will be addressed as part of the subsequent plat process. It is noted that the development proposal has been designed to accommodate the dedication of the right-of--way. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 2D Technical Items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. 1. That method for providing fuel capacity for a minimum of 120 hours for the auxiliary power generator be graphically depicted on the plans and approved by staff prior to certification of the site plan. 2. That the applicant contributes funds to the Engineering Division for the Federal Highway Improvement Program prior to issuance of a building permit. 3. That a recorded plat be submitted. 4. That a provision is made within the Property Owner's Association documents that restrict vehicular access to the townhouse garages such as storage. 5. The revised plans for the development are currently under review by the Engineering Division. The technical review comments of the Engineering Division based on the previous submittal are attached as Appendix "B." These comments must be addressed prior to certification of the site plan. _- .-` LANDSCAPE ANAL-YSIS The City Horkiculturalist has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The proposed landscaping consists of foundation areas, planters, and street trees that include Bottle Palms, Wax Privet, Simpson's Stopper, Strawberry Guava, Montgomery Palms, Lady Palms, BulnesiaNerawood, Bismarck Palms, European Fan Palms, Coconut Palms, Princess Palms, Royal Poinciana trees, Spanish Stopper trees, East Palatka Holly trees, Black Ironwood trees, Crepe Myrtle trees, Canary Island Date Palms, Solitaire Palms, Dwarf Date Palms, Royal Palms, Cabbage Palms, Glaucous Cassia trees, Florida Thatch Palms, Montgomery Palms, and Washingtonia Palms. These areas will be underplanted with Bromeliads, Jamaican Caper, Croton, Hawaiian Ti, Gold MoundlGold Edge, Purple Trailing, Fishtail Fern, Wart Fern, Brush Cherry, Dwarf Trailing Chenille, Bush Allamanda, annuals, Baby Sun Rose, Trinette, Red Cane, Bougainvillea vine, Dwarf Poinciana, Small Leaf Caper, Purple Leaf, Blueberry Flax Lily, Golden Dewdrop, Japanese Blueberry, Green Island Ficus, Foxtail Fern, Fire Bush, Indian Hawthorne, Dune Sunflower, Hibiscus, Keys Lily, Braceletwood, Jatropha, Ragina, Boston Fern, Egypt Star Flower, Burle-Marx, Blue Plumbago, Maki, Pittosporum, Majestic Beauty, Panama Rose, topiaried Brush Cherry, Ground Orchids, Desert Acacia, and Xanadu. SPRAB Staff Report Class V Site Plan, Building Elevations, landscaping, and Waivers far Atlantic Plaza II Page 2'[ Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. A hold harmlesslmaintenance agreement is required for those plantings outside the Property Line. 2. That the conflicts between the landscaping and utilities be eliminated per the direction of Senior Landscape Planner and City Engineer. 3. A formal written agreement from the property owner or designated agent in regards to the tree donation program is required. The letter shall include: - The list of donated trees, found on Sheet TR-1 (Tree Removal Plan). - The responsibilities of the. owner which includes: proper root-pruning of trees by a certified arborist as deemed necessary by City's Senior Landscape Planner. All protective measures, including adequate watering, shall be observed during the root-pruning phase. In addition, the owner is responsible for the root-pruning, pre-relocation care, and relocation of the specimen Seagrape tree to the adjacent park. This will also have to be done by a certified arborist. {Includes these notes in the letter). - That a demolition phasing plan and schedule of tree pick-up be submitted to the City in a timely manner, prior to any site work. ARCHITECTURAL ELEVATIONS €- - = Pursuant to LDR Section 4.6.18{E}, the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set-forth for the Board from time. to time. In general, the proposed development includes a mix of Mediterranean and contemporary architectural styles. Further, the proposed development introduces architectural elements from the Italian renaissance, Moorish, art deco, and pre-industrial SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza Il Page 22 French movements. Building #1 exhibits a strong Mediterranean influence with arched windows, barrel the roof and rafter tails, decorative metal railing, and stone veneer. The eastern portion of the building includes a composition change to flat roof with a decorative parapet cap with a contemporary architectural style with an art deco influence. The west elevation of this building includes an open-air rotunda that includes a decorative aluminum marquee supported by cantilevered brackets and decorative columns. The north elevation of building #3 has an architectural style that has a more heavily influenced contemporary design with a secondary Mediterranean style. The windows have differen# styles and shapes that include transoms. The roof is galvalume standing seam metal with dentils. The north elevation of building #6 is heavily influenced by the Mediterranean architectural style. The roof line is varied with barrel tiles and decorative parapets. The vertical interpretation of this elevation is varied with elements that have a subtle contemporary influence. The southern elevation of building #6 also has a Mediterranean influence with subtle contemporary changes located primarily at the east and west ends of this facade. The southern elevation of building #2 includes a contemporary style along the western portion of this building and a contemporary interpretation with a Mediterranean influence along the east portion of the facade. The northern elevation of building #2 includes the same architectural treatment as the southern elevation. The second and third floors of the western portion of building #2 contain sets of double windows with muntins. The repetitive use of these windows with no variations creates a monotonous facade. The Board may want to consider requiring improvements to the western portion of this building to improve the aesthetic appeal of the structure. Suggested changes would include a plane change similar to the east end of the building, which would provide same interest to the building and break-up the roof line. Further, the window style and treatment should be varied to improve the appeal of the building. This issue is attached as a condition of approval. The color scheme of building #1 contains five colors consisting of cream, light beige, dark beige, brown, and dark cream. The color scheme of building #3 includes three colors consis#ing of aquamarine, cream, and tan. The color scheme of #2 has five colors consisting of cream, light yellow, tan, grey, and dark aquamarine. A portion of the roof includes stamped metal shingles. The color scheme of building #4 consists of four colors including cream, light yellow, dark beige, and teal. The colar scheme of building #5 consists of three colors, which includes cream, light grey, and aquamarine. The color scheme of building #6 includes six colors consisting of cream, light yellow, terra cotta, tan, grey, dark aquamarine. Architectural Changes: Per LDR Section 4.6.18(6}(14)(v}(1), a change in roofi design, doors and window rhythm and articulation, and building materials or textures shall be required every 150 feet along a building's street frontage. The south side of building #6 measures 300 feet and does not provide a material or texture change after 150 feet as required. It is recommended that the south of this building be revised to provide the same material, texture, and architectural treatments as the north side of this building and this is attached as a condition of approval. SPRAB S#aff Report Class V Site Pian, Building Elevations, landscaping, and Waivers for Atlantic Plaza ll Page 23 W:A[VERS Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides between 34.13% and 50.14% transparency for the non-residential and mixed use buildings, The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...7he percentage of glass surface area requesfed is more consistent with the massing and proportion of the design of fhe building(s). Also, part of the increase of the building solid wall area is fo allocate a proper space for tenant wall signs which is a critical componenf for fhe retail component of the project. Tall ceiling height has been provided on the ground floor areas; this feafure is also another key element for the survivability of the refai! components of fhe projecf. Based on this ceiling height, the resulting glass surface area required is excessively disproporfionate fo the overall building frontage. In any event, the glass sun`ace/transparency provided is more than sufficient to meet the intent of the LDRs, which is to maintain a pedestrian friendly refai) environment..." Waiver Analysis;- The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development does not provide the minimum transparency as required, i# does appear that sufficient window area has been provided to ensure that pedestrians wilt not notice the reduction and that "window shopping" will be maintained. It is noted that the City has approved similar waivers such as the 5t" Avenue at Delray project. Consequently, a positive finding with respect to LDR Section 2.4.7{B}{5), Waiver Findings can be made. Green Building Design; Per LDR Section 4.6.18(B)(14)(v)(6), cross-ventilation, energy efficiency, and green building design shall be considered for all projects. The applicant has submitted the attached narrative that identifies the "green" practices utilized in the subject project. ~- - REQUIRED FINDINGS- Pursuant to Section 3.1.'I {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record, This may be achieved through information on the SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza 11 Page 24 application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application, These findings relate to the Future Land Use Map and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of December 9, 2009, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 {Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the stafF report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A} -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core} and is zoned CBD (Central Business District). The CBD zoning district is consistent with the (CC) Future Land Use Map designation. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) - Concurrency: As noted previously, the City Commission made a positive finding of cancurrency with respect to water and sewer, streets and traffic, drainage, parks and recreation, open space, solid was#e, and schools. Section 3.1.1 C - Consistenc Standards for Site Plan Actions As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers far Atlantic [ faza I! Page 25 Comprehensive Plan Pof_ices: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed mixed-use (residential, restaurant, retail and office) development. The development will be complimentary with the surrounding commercial developments and provide a customer base for the businesses on a year- round basis, which in turn will provide economic stability and be a catalyst for growth in the downtown area. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "one of the most important objectives of fhe City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development: The City recognizes the importance of providing housing in close proximity fo shopping, emplaymenf, and transporfatian, and the need fo have a residential base to support the businesses in the downtown area". The proposed Atlantic Plaza development will help to fulfill this stated land use need by providing 197 additional dwelling units in the downtown area in close proximity to shopping and places of work. Therefore, the proposed project is consistent with this policy. 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 CBD zoning district regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ Deletion of inappropriate uses; SPRAB Staff Report Class V Sife Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza Il Page 26 ^ Incentives for locating retail on the ground floor with office and residential use on upper floors; © Accommodating parking needs through innovative actions; ^ incentives for dinner theaters, playhouses, and other fiamily oriented activities; ^ Allowing and facilitating outdoor cafes; ^ Incentives for mixed use development and rehabilitation; ^ Elimination of side yard setback requirements; and ^ Allow structural overhang encroachments into required yard areas. The intent of the CBD district regulations are to facilitate the development of the downtown with a mix of uses, which include pedestrian-oriented retaillrestaurant activities on the ground floor (particularly along Atlantic Avenue) and office and residential uses on the upper floors. The proposed development substantially fulfills the objective of the GBD zoning district to encourage the revitalization of the downtown area to improve the reputation of Delray Beach as "A City Set Apart In South Florida." The proposed development will result in the elimination of uses such as the gas station at the northeast corner of Atlantic Avenue and Federal Highway (already razed) and the existing Atlantic Plaza, which are inconsistent with the Downtown Design Guidelines and traditional neighborhood design standards. The residents of the 197 dwelling units will infuse a new vigor to this particular area of the downtown. These residents will be woven into the fabric of the downtown where they will be within walking distance of shops, restaurants, employment opportunities, parks, beaches, and cultural events. Further, the 106,006 square feet of office floor area will provide significant employment opportunities in the core area of the City's downtown. Employees of this office component will patronize local businesses included retailer`s and restaurants during daytime hours. Thus, the residents and office employees will contribute to the synergy of the City's urban core. The existin Atlantic Plaza is essentially a destination oriented development with vehicular parking between the building and the public street. This design does not engender the pedestrian interaction envisioned by the Downtown Delray Beach Master Plan. The design of this Atlantic Plaza it project is conducive to pedestrian interaction and is consistent with the existing development pattern of the downtown. The development proposal is consistent with Future Land Use Element Policy C-4.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. The Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development Strategy prepared by the Delray Beach Joint Venture, states the following: "Cluster 6 corresponds to the commercial corridor along Easf Atlantic Avenue from 5th Avenue fo the Intracoastal Waterway. This clusfer contains several "compar7son goods" retailers as well as prime street-level retail space devoted to non-retail uses such as offices. Several restaurants offer seating overlooking the Intracoastal Waterway. Atlantic Plaza is a privately owned shopping center with significant redevelopment potential. Veterans Park has potential for enhanced programming. Cluster 6 is a critical SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 27 pedestrian link between the resort district and the heart of Downtown. Redevelopment of_a site occupied_by__a _qas sCation offers the opportunity to add continuous storefronts on a portion of the northern frontage of Atlantic Avenue. Atlantic Plaza's setback from fhe sfreet presenfs a challenge to maintaining continuify of pedestrian activity. Conversion ofnon-retail uses into retail spaces on the south side of Aflantic Avenue can increase pedestrian activity. Additional apparel/shoe retailers (in Atlantic Plaza and on the sfreet) should be sought for this cluster. Restaurant uses are also appropnafe." The Atlantic Plaza project's concept facilitates the creation of a vibrant and pedestrian friendly retail corridor along the Avenue in the CBD {Central Business District), which is consistent and in harmony with the City's efforts to provide a pedestrian friendly streetscape for Atlantic Avenue. This effort is reinforced through Future Land Use Element Policy G4.1, the Downtown Master Plan and by the Downtown Delray Beach 2004 Patron Profile, Cluster Analysis, and Retail Development S#rategy. Transportation Element Policy A-1.3: The City endorses the continued operations ofi the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed mixed-use development will have on the surrounding road network and the location of a Palm Tran bus stop one block to the north of the subject property {Northbound Federal Highway}, it is appropriate that the development provide a bus shelter and easement on NE 6th Avenue. Thus, a condition of approval is attached that the applicant install a bus shelter and provide an easement along NE 6th Avenue. Subject to this condition of approval being addressed during the site plan review process, the development will comply with Transportation Element Policy A-1.3. Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, a 7-foot dedication will be required along Atlantic Avenue. The development proposal includes the abandonment of NE 7th Avenue between Atlantic Avenue and NE 15t Street. The applicant proposes to create a new street east of the existing NE 7th Avenue right-of way together with an east/west street connection to NE 6th Avenue (Federal Highway). SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza II Page 28 Transportation Element_Policy C-1.1 Efforts shall be made to limit excessive through-traffic and nonresidential traffic on local roads within residential neighborhoods. Where a problem with such traffic is specifically identified, it should be addressed through the utilization of traffic calming measures, such as roundabouts, medians, and speed humps. The proposed relocation of NE qtr, Avenue will aide in calming northbound and southbound traffic by reducing speeds. As noted in the analysis of Housing Element Policy A-12.3, the Delray Beach Police Department has expressed a concern with respect to clawing southbound vehicles as they approach the intersection of NE 7tn Avenue and NE 1St Street. In order to address this concern, a condition of approval is attached that the applicant provide a traffic calming element such as a speed hump or signage to be approved by the City Engineer. Transportation Element Policy D-2.2; Bicycle parking and facilities shall be required on all new development and redevelopment, Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides several bicycle racks throughout the property including above grade and within the sub grade parking facility. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1; Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units, This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Further, land in the downtown is at a premium and it can be cost prohibitive to provide recreational features such as tennis courts, volleyball courts, etc. The proposed recreational facilities consist of three pools, one each at buildings III, IV and VI. In order to meet this standard, the applicant has provided a billiard table and a cyber cafe for the teens. Some of the recreational, cultural and open space opportunities located in proximity to the Atlantic Plaza development include: Veteran's Park, which includes a large playground and recreational area; the Municipal Beach, the City's Tennis Center, 505 Teen Center, and Old School Square Cultural Center. As playground areas are located close by (Veteran`s Park and Osceola Park Currie Commons) and other facilities that can be utilized by children, such as the pool, have been provided, the intent of this policy will be substantially met. Based on the above a positive finding can be made. SPRAB Staff Report Class V Site Pian, Building Elevations, Landscaping, and Waivers for Atlan#ic Plaza II Page 29 Housing Element Policy A-12.9 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. As noted previously in this staff report, the development proposal includes the abandonment of the NE 7t" Avenue right-of-way. This street will be replaced with a private street, which will be off-set to the east approximately 85 feet. Staff has concerns that this replacement street be perceived as a public street rather than a private internal street for this development. To this end, signage that is consistent with the City standard signage needs to be installed to encourage public use and this is attached as a condition of approval. Further, the development proposal includes a new private east/west street (Atlantic Court) to connect the relocated NE 7t" Avenue to NE 6{" Avenue. These two private streets will include a public access easement to ensure vehicular and pedestrian cross-access to the general public. As noted in the analysis of Housing Policy A-12.3 below, the relocation of NE 7~" Avenue will result in a traffic calming measure by slowing traffic since drivers would need to come to a stop and make a turn at NE 1sc Street before traveling north or south_ It is noted the relocation of NE 7t" Avenue will have an insignificant impact on the neighborhood to the north of the property in terms of access to Atlantic Avenue since a connection will be assured via the crass-access easement that will be applied to the private streets. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2:, The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. Housing Element Poli~B~-2.3 New housing developments shall include a range of housing types that offer variety in size, color, and style. This development will not be restricted to occupancy by adults only. However, it is acknowledged that downtown dwellings are not typically occupied by families with children. The proposed development will primarily accommodate young and middle-age professionals. The development will provide the following mix: 27 loft units, 19 townhouse units, 18 one-bedroom units, 95 two-bedroom units, and 38 three-bedroom SPRAB Staff Report Class V Site Plan, Btailding Elevations, Landscaping, and Waivers for Atlantic Plaza ll Page 30 units. The proposed development accommodates various sizes of units for households having a range of ages, and thus, complies with Housing Element Policies B-2.2 and B- 2.3. Housing Element Policy B-2.6: Housing in and near the downtown area, in dose proximity to employment opportunities and services, is a critical need, In order to help stimulate demand for new housing in and around the Central Business District, the development of new rental housing projects outside of the TCEA and North Federal Highway area is discouraged. The development proposal is consistent with Housing Element Policy B-2.6 as it provides the desired type of residential development within the CBD. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12,3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods, Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of theiir potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. Additionally, the introduction of additional residential dwelling units will increase the safety of the area by introducing more night time activity and more "eyes on the street" as a deterrent to criminal behavior. The applicant has submitted a traffic study that indicates traffic entering and exiting the site is distributed to the Atlantic Avenue, Federal Highway, and NE 1St Street access points. The Delray Beach Police Department has expressed concerns over the potential traffic conflicts created by the relocation of NE 7th Avenue. The Police Department has indicated that the off-set of NE 7th Avenue will cause congestion in the 100 block north of Atlantic Avenue and recommends traffic calming measures in the 2DD block. As noted previously in this report, the applicant has submitted a waiver from the minimum street ofF-set. The ofF-set of NE 7tt' Avenue will in effect act as a traffic calming measure, which will slow traffic in the neighborhood to the north of the project. A condition of approval is attached that the applicant provides traffic calming measures (i.e. warning signage, speed humps, etc.) in accordance with direction by the City Engineer. Based upon the recommendations above, the development proposal will be consistent with Housing Policy A~12.3. SPRAB Staff Report Class V Site Plan, Building ~leva#ians, Landscaping, and Waivers for A#lantic Plaza II Page 31 Section 2.4.5 (1=1(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the properly pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north by CBD, RM (Multiple Family Residential - Medium Density), and CF (Community Facility}; to the south and west by CBD; and OSR (Open Space Recreation) to the east. The surrounding uses are a parking lot, multiple family, and restaurant to the north; Veterans Park to the east; retail to the south; and the Colony Hotel to the west. The mixed-use development proposal wilt significantly enhance the aesthetics of the subject property together with the neighborhood. The proposed redevelopment will provide year-round customer and employment base for the nearby commercial properties as well as new opportunities for businesses. The stability of the downtown area will be enhanced by the addition of 197 households and office employees that will patronize area businesses and contribute to the long term revitalization of this redevelopment area together with employment base of the commercial uses. -- __ - - REVI~IN B.Y OTHERS Downfown Development Authority CDDA?: The DDA is scheduled to consider the development proposal at it's meeting on March 9, 2009. The recommendation of the DDA will be reported at the SPRAB meeting. Community Redevelopment Agency (CRA): At its meeting of February 26, 2009, the CRA reviewed the site plan request and recommended. approval. Courtesy Notice. Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Jerry Franciosa, Progressive Residents of Delray (PROD) - Casa La Brisa - Seagate Towers Condominium, inc. - Barr Harbor - Cory Cassidy - Barr Terrace - Thomas Shelton - Delray Beach Chamber of Commerce - Carolyn Zimmerman, President's Council - Kevin Warner SPRAB Staff Report Class V Site Plan, Building Efe~ations, Landscaping, and Waivers for Atlantic Plaza II Page 32 - Bob Victorin, Beach Property Owners Association - Buzz Lindner - Alliance of Delray - Neighborhood Advisory Council - Grove Condominium - Thomas Carney - Garrett Graue - Delray Summit - Alieda Riley - Harbourview Apartments - Peggy Hammond - Park View Manor Condo - Patricia Moran - Porten Custom Homes - Jame McCallion Find attached, numerous letters of support and concerns regarding the proposed development. - - - - A`,SSESSMEN_T A'ND CONCLUSION The combination of residences and commercial floor area will enhance the sustainability of the downtown area. The proposed development is consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.7(8}(5)[Waiver Findings] and Section 2.4.5(F)(5} regarding compatibility of the proposed development with surrounding properties. -`- - "ALTERNATIVE ACTt_ON.S A. Postpone with direction. B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza II, 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 2.4.7(8)(5), Section 2.4.5(F}(5), and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Atlantic Plaza II, by adopting the findings of fact and law contained in the -staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sectian 2.4.7(6)(5), Section 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations. SPRAB Staf€ Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for Atlantic Plaza I1 Page 33 ~ = = STAFF RE-CQNIMEND.ATION _ By Separate Motions: Waivers: 1. Recommend to the City Commission approva! of a waiver to LDR Section 4.4,13(F}(4){a) through {d}, which requires various street frontage setbacks for buildings located in the CBD zoning district based on positive findings with LDR Section 2.4.7(8)(5). 2. Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(J}{3)(c), which requires that a sloped parapet be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building based on positive findings with LDR Section 2.4.7(8){5) 3. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9{D){3)(c)(1), which requires a 50-foot stacking distance for a parking facility that contains 51 or more parking spaces based on positive findings with LDR Section 2.4.7{B)(5). 4. Recommend to the City Commission approval of a waiver to LDR Section 4.6.14(A){1} and (2), which requires a 20-foot visibility triangle at the intersection of an accessway and a public right-of=way and a 40-foot visibility triangle at the intersection of two public rights-of--way based on positive findings with LDR Section 2.4.7(8)(5)_ 5. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(11), which requires that mechanical parking lifts be single level and staffed with an attendant based on positive findings with LDR Section 2.4.7(B){5} based on positive findings with LDR Section 2.4.7(8){5). fi. Recommend to the City Commission approval of a waiver to LDR Section 6.1.2(C)(3)(a}, which requires a minimum pavement width of 24 feet based on positive findings with LDR Section 2.4.7(8)(5}. 7. Recommend to the City Commission approval of a waiver to LDR Section 4.6.9(D)(4)(a), which requires that parallel spaces be a minimum of 8 feet deep and 22 feet in length based on positive findings with LDR Section 2.4.7(6)(5). 8. Recommend to the City Commission approval of a waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers for A#lantic Plaza II Page 34 shall be a minimum of 75% of the wall area for that elevation based on positive findings with LDR Section 2.4.7{B)(5). Site Plan: Approve the request for a Class V site plan for A#lantic Plaza ll, 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 Sections 2.4.5{F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Address all Site Plan and Engineering Technical Items and submit four (4) copies of the revised plans. 2. That the sub-grade drive aisles and parking beneath the private streets are included in the developer's agreement. 3. That a minimum of 57 spaces (or as adjusted by the recalculated net office area} within the automated parking system be made available to select non-residential tenants or required office employee spaces and that the note on the site plan is revised accordingly. 4. That the workforce housing option(s) and compliance with Article 4.7 be finalized and approved by the Director of Planning and Zoning prior to certification of the site plan. 5. That the photometric plans are revised to demonstrate compliance with LDR Section 4.6.8 prior to certification of the site plan. 6. That the applicant contributes the cost associated with the installation of parallel parking spaces, landscaping and street lighting along Federal Highway (Federal Highway Beautification project) prior to issuance of a building permit. 7. That the applicant install a bus shelter and provide an easement along NE 6~~' Avenue per the direction of Parking Management Specialist. 8. That the applicant provides a traffic calming element along NE 7th Avenue such as a speed hump or signage to be approved by the City Engineer. 9. That street signage for the private streets are consistent with the City standard signage. SPRAB Staff Report Class V Site Plan, Building Elevations, Landscaping, and Waivers far Atlantic Plaza II Page 35 Landscape Plan: Approve the landscape plan for Atlantic Plaza II based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the condition that all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations= Approve the proposed elevations for Atlantic Plaza Il based on positive findings with respect to LDR Section 4.6.18(E), subject to the following condition: 1. That the elevations of building #2 are revised to relieve the monotony and provide interest in accordance with direction by the Board. 2. That the south of building #6 revised to provide the same material, texture, and architectural treatments as the north side of this building. Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan • "Green" Building Design Narrative • Intersection Offset Justification Analysis (Kim[ey Horn and Associates) • Letters of support and concern Report prepared by: Scott D. Pape, AICP, Senior Planner AP_PEN_D1K A STANDARDS FO=R~S1=T--E PLAN ACTIONS - A. Building design, landscaping, and figh#ing (glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X {Subject to revision of the photometric plan} Does not meet intent T B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not 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 shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shah be a feature of ali 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 iocated in the downtown area, and for infiil projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent APPENDIX B TECHNICAL. COM1VIf 1. Provide copy of certif[ed boundary and topographic survey meeting requirements of LDR Section 2.4.3 {A}, {B) and (D). Existing grades should be taken approximately 10-feek outside all subject property lines for all adjacent properties. Survey shall provide sufficient information to determine historical drainage pattern. Survey shall include all existing easements. Survey needs to be completed within the last 6 months per LDR 2.4.3 (B) (20). Also, survey needs to be provided at a scale of 1" = 20'. No survey was provided to Engineering with the February 2009 submittal. 2. Buildings are not allowed in sight triangles. Four locations identified refer to the intersection of Atlantic Court with NE 6th Avenue and the relocated NE 7th Avenue with NE 1~t Street. This item is pending response to waivers submitted to P&Z. 3. Since project phasing is proposed, each phase shall be clearly shown on the civil plans and a narrative describing the phasing program shall be provided per LDR Section 2.4.3 {B) (22}. Please indicate phasing plan on civil plans and clearly indicate how this would affect proposed water and sewer improvements. Phasing plan was not included. Also include the demolition of existing buildings as part of the phasing plan. 4. Provide demolition plans on a separate sheet or as part of the phasing plan. The sequence of building removal as it pertains to the removal andlor relocation of water and sewer needs to be shown prior to site plan certification. 5. Please indicate plans to address the proposed finished floor elevation of Building 1 not satisfying City criteria. Building 1 has a proposed finished floor elevation of 9.25 and the center line of Atlantic Avenue has an average of 9.90 in this area. Per LDR Section 7.1.3 (B) (2), if the finished floor elevafiion is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event is required. 6. Clearly indicate limits of sidewalk and sidewalk easements {if necessary) along Atlantic Avenue, NE 6th Avenue, Atlantic Court and the relocated NE 7th Avenue. All sidewalks utilized by the public in the Central Business District must be 8-feet wide and adjacent to right-of-way line. 7. Indicate how pedestrian movement will be lega!!y allowed along Atlantic Court. This item is pending indication on plat that a sidewalk easement will be used. 8. Provide the following note on Landscape Plans that, "any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2." Landscape Plans were not provided. 9. Show and clearly label all easements on Landscape and Engineering Plans. 10. Provide a minimum 10-foot genera! utility easement through the property for al! other utilities. Private water, sewer or drainage system(s) cannot occupy or share the general utility easement. This easement needs to be shown on civil and landscaping plans. 11. Provide per LDR Section 2.4.3 (F) (4), a composite utility plan that shows the location of all existing and proposed utilities {water, sewer, drainage, gas, power, telephone and cable}. The composite plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the composite utility plan. The composite plan shall address the responsibility for relocation of existing services and installation of new services. 12. Provide location of proposed street lights and address responsibility for installation and maintenance per LDR 2.4.3 (D) (6). Please distinguish between the street lights #hat will be maintained privately and those that will be maintained by the City. Install the decorative street lights along NE 6th Avenue and Atlantic Avenue in accordance with City standard detail RT 11.1 and indicate these lights will be on a separate circuit to be maintained by the City. Photometric plans were not provided. Also street lights along Atlantic-Court and NE 7th Avenue are to be privately maintained. Goals Atlantic Plaza Rede~elo men# and the Ci 's Green The Atlantic Plaza Redevelopment advances the City"s Green Task Force Goals and Mission. The size and scope of the project present an important oppartunity to make it a major contributor to the City's sustainable future. Many aspects of the plan meet specific environmental goals of the Task Force. Task Force mission: Ta determine an actionable set of recommendations that enables Delray Beach to implement its current environmental commitments in a timely, cast-effective, and citizen-centric manner, as well as explore new opportunities far sustainability." Task Force Goals; 1. Ways to improve the environmental Sustainability of City programs, services, and equipment facilities. ^ Infrastructure: The Project will provide for new and mare efficient sewer and water lines, which will have an energy saving aspect for the city's utilities department. Further, 2. Strategies for improving environmental sustainability of the community There are many "green aspects" to the Project. ^ Pre-development -Elimination of the gas station: The environmental brown-field clean-up of the existing gas station and surrounding areas will be a significant improvement. Without the redevelopment of the assembled site, this clean-up would have been years away and would have been difficult and would have extended over many years. ^ Redevelopment -Building design: The Project as a whole embraces many aspects of "green" development. -The mixed use nature of the project satisfies multiple needs on-site - Building orientations: The east-west orientation of the predominately residential components reduces the heat gain aspects of the buildings' envelope and provides for buildings to shade one another throughout a day, month and year. -The waiver for increased overhangs assists in shading upper elements of the building envelope, as does the use of awnings, balconies and arcades for the retail components. - The buildings will be designed based upon "green" principles and will seek certification such as I_EED after completion when actual performance can be measured. (The current and recently updated "Florida Building Code" contains within its body all the various aspects of a "green" building certifiication by the LEEDS GROUP or other like certifying associations.) - The "model energy code" sets forth a balance of shading co-efficients, equipment efficiencies, window tinting and shading, etc. - Low volume toilets, faucets, showers, etc. will be required for all use- components. Hot-water heating far all use-components will be addressed during the final building design phase, as will insulation and other thermal aspects. - The compression of building components, such as the automated parking machines, reduce the parking garage size, thus reducing the energy required to construct these components and the energy required to light, ventilate, vertical circulate, Eife-safety systems, etc. 3. Incentives for residents, businesses, and organizations to practice environmental conservation including recycling Without the need for incentives, the project will meet thus goal during pre- development with re-cycling of the demolished buildings and parking lots. The steel contained within these buildings will be separated and recycled, the concrete and concrete products will be separated and ground for road-work, and gravel for use on and off-site. Other metals (aluminum, galvanized metal, etc. will also be separated and recycled.} ^ The various contractors throughout the infrastructure and building construction process will be required to separate other debris, excess materials and packaging materials for recycling to mitigate the amount of refuse going to the regional land-fill. 4. Proposed means to enhance water and energy conservation. The project replaces aging infrastructure with far more efficient new systems, which will also serve needs far the adjacent neighborhood, Veteran's Park and other properties. The Project will take full advantage of the City's initiative of utilizing "reclaimed" water for landscape irrigation and possibly fire protection purposes. 5. Ideas for promotion of tree planting and xeriscaping. ^ Landscape materials worth.saving will be relocated to an on-site nursery; others will be mulched and composted. Project landscaping will reflect environmental conservation considerations in :plant. selection ar~cl maintenance, 6. Best Practices for implementation in Delray Beach, including long-term strategies. ^ The mixed-use nature of livelworklplay thus reduces the number of off-site vehicular trips. Provisions for local trolley and bus stops further enhance the reduction of trip-generation and thus energy. ^ Many other green aspects, large, small, fixed and operational will be incorporated into the Project. I# is important to note that the Atlantic Plaza redevelopment also addresses sustainability in broader terms -- extending to the City's economic future. The plans accommodate a sustainable mix of retail uses, with an anchor retailer, in line with the City's Cluster Study. Combined with introduction of the downtown's first Class A office space and new residences, this greatly enhances the downtown's long-term sustainabie#y, viability and tax base. Kimley-Narn and Associates, Inc. INTERSECTION OFFSET Ji~TSTIFICA TION ANAL YSIS ATLANTIC PLAZA II DELRAY BEACH, FL Prepared for: CDS International Holdings, Inc. Delray Beach, Florida 144114040 December 2008 ~ Kimley-Hom and Associates, lnc. 4431 Embarcadero Drive West Palm Beach, Florida 33407 Certificate of Authorization -- Number CA00000696 56]/845-0665 TEL 5611863-8175 FAX f f.~'' ~ C:~ s D ~ ~~; ~ ~ ij ~~ ~~~ DEC 1 ~ 2008 Kimley-Horn and Associates, Inc. Contents: ~ Intersection Development Sheets ~ Synchro Output Sheets • SymTraffic Output Sheets • FDOT Peak Season Factors • Intersection Turning Movement Counts IGmley-Horn . _. and Associates, Inc. Intersection Development Sheets INTERSECTION ANALYSIS SHEET AtlanEic Plaza II NE 7TH AVENI3E AT NE 1ST STREET (Existing Geametry) Growth Rate = 1.00% Peak Season - 1.13 Buildout Year = 2012 Years ~ 4 AM Peak Hour Intersection Volttme Development N orthboun d S outhboun d Eastboun d Westboun d LT Thru RT LT Thru RT LT Thru RT LT Thne RT Existing Volume (111I8/2408) 10 35 4 18 84 2 1 7 5 $ 10 1 Peak Season Volume 11 40 5 20 95 2 1 8 6 9 11 1 Background (Growth Rate) 12 41 5 21 99 2 1 8 6 9 12 ] Major Projects Traffic d 0 0 a a 0 0 0 0 0 d 0 Background (Major Project + 1%) 12 41 5 21 99 2 1 8 6 9 12 1 %Project Traffic 11% 18% 30% 19% Direction out in in out Project Traffic 15 45 76 26 Subtotal 27 41 5 2I 99 1 1 53 82 9 38 1 Right-Turn-On-Red Reduction Total 27 41 5 21 99 2 ii 53 82 9 38 1 PM Peak Hour Intersection Volume Development Northbound Southbound Eastbound Westbound LT Thru RT LT Tlrru RT LT Thru RT LT Thru RT Existing Volume (11/18/2008) 14 83 6 4 61 2 2 4 4 14 21 9 Peak Season Volume 16 94 7 5 69 2 2 5 5 16 24 10 Background Ib 48 7 5 72 2 2 5 5 16 25 11 Major Projects Traffic d d 0 0 0 0 0 0 0 0 a d Background (Major Project+ 1%) 16 9$ 7 5 72 2 2 5 5 16 25 11 %ProjectTra~c 11% 18°/ 30°/ 19% Direction out in in out Project Traffic 57 84 140 99 Subtotal 73 98 7 5 72 2 2 89 145 I6 124 11 Right-Turn-On-Red Reduction Total 73 98 7 5 72 2 2 89 145 16 124 11 k:lepb ipta11441l140001x1aracoliecliwi~COmrislcauritsij11181008_cornrl~ata.xfs]7Ur-1st 11/8/20089:07 INTERSECTION ANALYSIS SHEET Atlantic Plaza II NE 6TH AVENUE AT NE 1ST STREET (Existing Geometry) Growth Rate = 1.OD% Peak Season = 1.13 Buildout Year = 2012 Years = 4 AM Peak Hgrir Intersection Voiume l7evelopment Nortbbouud Southboun d Eastboun d Westbound LT Thru RT LT Thru RT LT Thru RT LT Thru RT Existing Volume (11/18120D8) 45 572 12 0 0 0 D 0 4 0 0 17 Peak Season Volume 51 646 14 0 0 0 0 D 0 0 0 19 Background (Growth Rate) 53 673 14 0 0 0 0 D 0 0 0 20 Major Projects Traffe 0 17 0 0 D 0 0 0 0 0 0 0 Background (Major Project+ t°/a) 53 69D 14 0 D 0 D 0 0 0 0 20 Project Traffc 17% 15% 6% 42% I S°/a 15% Airection out out in in out out Project Traffic 23 21 15 106 21 23 Subtotal 76 711 29 0 Q 0 0 106 0 0 21 41 Right-Tum-tan-Red Reduction D D D D Total 76 711 29 D D 0 4 1D6 D D 21 41 PM Peak Hour Intersection Volume [3eveiopment Northbound Southbound Eastbound Westbound LT Thru 1tT LT Thru RT LT Thru RT LT Thru RT Existing Volume (1 1 /1 812 008) 108 1,015 13 0 0 D 0 0 D 0 0 42 Peak Season Volume 122 1,147 15 0 0 0 D 0 0 0 D 47 Background 127 1,194 15 0 0 0 0 0 0 0 0 49 Major Projects Traffic 0 58 D D 0 0 0 D 0 D D D Background (Major Project+ 1°/a) 127 1,252 15 0 0 0 D D 0 D D 49 %Project Traffic 17°/a 15°/a 6% 42% 15% 15% Direction out out in in out out Project Traffic 88 7$ 28 197 78 78 Subtotal 215 1,330 43 0 0 0 0 197 0 0 78 127 Bight-Tum-On-Red Reduction D 0 D 0 Total 215 1330 43 0 0 0 0 197 0 D 78 127 kAwpb_(plv1J44JVJ40~01datacalleclivnlcvt~n(slcvun(s1f17182008 e»w~ldala.xls]Gfh-Ist ll/8/Z0084:07 Kimsey-Horn and Associates,lnc, Synchro Output Sheets Existing Geometry 2012 AM Peak Hour 1: 1st Street & 7th Avenue 121al~oos - ~- ~ - Moveil'k~rr`l =~ -ESL EBT __EBFi_ `---'~~k~t~~ _--.----~---~.. PJ~ ~ P~J;3R_-5BJ_v 58 LanD CDnfi~;uratl0n5 # #~'} # #~'# Volume (uehlh) --_ 1 `53 82 -= 9 - 38 1 27 41''- 5 21 99 2 Sign Control Stop - - - Stap Free Free Grade - a°r° a°.o - Q°;: - o°~° Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0 °2 0.92 0.92 0.92 _ Ho~~rly flow rate (vpfr) 1 58 _ 89 10 41 1 29 45 -. 5 _ 23 __ 1 OS 2 Pedestrians Lane Wi~fth {ft) __ -- _ _ _____ Walking Speed {frJs) _ _ _ Percex3t Blockage Flight turn flare (veh) Median type - -- __ - - None DJone = _ -- Median storage veh) ___- _ Upstream, ignal (ft} _ _ pX, platoon unblocked vC, conflicting volume 282 263 109 =_378 -= 261 47 110 - 50 ---- vG1,stage 1 conf val - ~C2, stage 2 conf vo( vCu, unblocked vol ~82 263 109 378 261 47 110 50 tC, single`{s) = - --- 71 E5 6.2 7.1 - - 6.5 = 6.2 4.1 _ 4.1 - tC, 2 stage (s) tF (s) _ 3:5 4.0 3,3 3,5 4.0 3.3 = 2.2 __ _ 2:2 p0 queue free ~~~ t00 91 91 98 93 106 98 99 cM capacity (veh!h) 61.9 B20 _945 475 621 1022 - 1480 155? f~trect~onf=Lang # ~ ; €E~1- _. 1Ng t _ fV~ 1 Sf31 ._ __ _ _ Itolume Total - 148 -,_ 52 - 79 133 - _- _ VDlunre Left 1 i0 29 23 Vaiume Right 89 1 5 2 cSH 782 592 1480 1557 Ilalume #o Capacity -_ 0.19 0..09 Q.02 -0.01 Queue Length 95th (ft) 17 7 2 1 Control: Delay (s) 10':7 11.7 2.9 1.4 _ , Lane L4S B B A A Approach Delay (s) 10:7 11.7 2.9 1.4 _ __ ;- Approach LOS 8 B _ Jlt~r5$CttOr3 ~Llrl~r7t~€~ _._ ...~ _ .. _:- _ _ - -- _ L:_ Average Delay o. Intersection Capacity Utilization 228°o _ _ IGIJ_Level o1;Service; - A=_ ; Analysis Period (min) 15 Synchro 7 - Report Page 1 Existing Geometry 2012 PM Peak Hour 1: 1st Street & 7th Avenue 12/4/2008 ovemet= =€iJL _~~ .-.GBR _ __WBL Wes` ~1V8R t~tBL PJ€~T C~ SQL_-. -- SBT ,S13F Lane Configuraticr,s r -_- -_ -- - Volume (vehlh) = 2 89 145 16 - 124 11 73 9& 7 5 72 2 Sign Control Stop Stop Free Free Grade ____ _ - ~°a = 00,0 - 0°0 - - - ~o~o - Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 Hourly floc^r rate (vph) 2 97 158 17 135 °. 12 79 10T 8 5 - 78 2 Pedestrians - - - - - Lane Width {fi#) Walking Speed ~ftls) Percent Blockage _- - __ Right turn fare (ve1~) Median type None None Median storage veh) Upstream: signal_(ft) ' - . - - pX, platoon unblocked VC, conflicting volume 439 363 79 565 360 = = 110 -: 80 -- 1 ~4 -- - vC1,stage 1 cort vo1 uG2, stake 2 eontval - vGu, ~=nhlocked voi 439 3G3 79 5G5 360 110 80 114 _ tC, single_(s) 7.1 - 6.5 6.2 7.1 6.5 - fi.2 - 4.1 , - . ___ 4:1 == tC, 2 stage (s) _ . -_ iF ~s) 3.5 4.0 '3.3 3.5 4.0 3.3 - 2.2 - 2.2 _- p0 queue free 3~-- 99 82 84 94 75 99 95 100 cM capacity (vehlh) 4.03 533 :.981 302 535 943 1517 1.475 i~iractron;,LaOe # - -: : EB_~ WR 1 NB 1 ~B 1-- - - ;; -- - ,,. - - Volume Total 257 164 193 - , -B6 -: - :-- - '- Voiurrse Left 2 17 79 5 Volume Right 158 12 8 2 cSH 738 509 1517 1475 Volume to Capacify 0:85 0:32 - - 0.05 -- 0.Q0 - -_ - --- -- - Queue Length 95th (ft) 39 35 4 0 Control Delay {s) ; i2.5 15.4 3.3 0.5 lane LOS B C A A Approach Delay (s) 12.5 15,4 3.3 0.5 =- Approach LOS B C -- ~1eTsectionSumr~ary _ -- - - - -_ _ _ --- Average Delay 9.2 ,Intersection Capacity Utilization 41.2`;-a EC l1 LeveE of Service A - - - ---- Analysis Pericd (min) 15 Synchro 7 - Report Page 1 Proposed Alignment 2012 AM Peak Hour 2: 1st Street & SB 7th Avenue 12!412008 ltllc~et-,~er~t i=13L ;~aT =~~8~=tii~ _ SBA - SBR - _ _ ~ =~ Lane Co±~figur~atiotis ~' '~, Volume (vehrh] ;1 135 65 = 42 120 - 2 - - - - -- 5igrr Contra! Frea Free Stop Grade - . '0RO ...... 0°a ~, D,o _ Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly #lotiv rate (uph? =1 1:47 71 = 46 130 2 _ _ -- Pedestrians . Lane Width (fQ -- - _ _ _ - Walking Speed (ft,'s) Percent,Bfockage -- - ---- - - ---- Rightturn flare (vehJ Median type -.- _- None f~tone Median storage veh) llpstream'_signal (ftj _ 355 -- -- - pX, platoon unblocked ~.9~5 yG, conflicting voEume 116 - _ 242 =_ 93 _ ;_ vC1, stage 1 conf vol -- ~C2, stage 2 conf vof -- - - - - -_- vGu, unblocked vcl 116 195 93 _-_ _ - tC, single (s} 41 = - 6.4 - - -- 6.2 tG 2 Stage (s] - - -_ - --- ' p0 queue free `r~ 100 83 100 - cM capacity (vehlh] 1472 _ 765 - - 9F_.4 - - ` t~1CeGtlp[l. _ ..:.Lane ~ i - Pf3~1- - W~ 1 S'B 1 --- -. _,_ _-~ ^T Volume Total 148 116 .133 Volume Lest ~ 0 130 Volume Right `0 46 2 _ cSH 1472 1700 767 Volume to Capacity D.OD D07 0,.17 Queue Lergt>~ 95th (ft] 0 0 16 Gontrcl l?elay (s) _ 0.1 0.0 1a.7 Lane LOS -- - A B Approach Delay_(s) Q=1 D.0 _-- 1a.7 _ _ Apprcach LQS B Intersection Summa - LL __._ - .~ Average Delay 3.G Intersection Capacity LJtilization - 21;3°~a IC U=Level of Service A Anaysis Period (min] 15 5ynchro 7 - Report Page 1 Proposed Alignment 202 AM Peak Haur 3: 1 st Street & NB 7th Avenue 121412t)08 lTivlT~. - __ ~B~ ~B~ ~~RL ' ~''` ~I~BT -t~BL~f7BR - Lane Cantiguratior~s '~ ~' 1Io€ume (vehlh) 74 181 9 39 = 68 S Sign Control Free Free Stop Grade - 0°~o OS•6 0°~0 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 _ - _ Hourly flaw rate (vph) 80 -_ 197 10 42 74 _ _ _ _- `- 5 - Pedestrians _ -- Lane Width (ft) - --- --- - _ Walking Sneed (f~Js) Percen# Blockage _ _ Right Earn flare (veh) Median type None None - Median storage veh} _ Upstream: signal;(ft} X48 _ __ `: pX, platoon unblocked 0.9B 0.98 0.98 vC, conflicting volume - -- 277 241 `' 179 --- - __ vG1,stage 1 conf vol -_ _ vC2; stage 2 confvol _ vCu, unblocked vol 248 211 147 t£, single L~ 4.i _ 6.4 6.2 _ tC, 2 stage (s) __ _ - - - - p0 c{ueue free °;~ 99 90 99 - _ cNi capacity (vehr'hy 1:287 - 754 879 -- - - Direction L~rse.# -' EE~1 ~ t3 t _ N&4 ._..__: ~- _`_ - - t~ofurne'Total '277 52 __ = 79 __ _ Volume Leit 0 10 74 Volume Right 1:97 0 5 `_ - i cSH 1700 1287 7G1 ~olun~e to Capacity - Oa6 0.01 0,10 - _ - - -- Queue Length 95th (it) 0 1 9 Control Delay (s) '_ 6~0 1.5 ;10.3 ___ Lane LOS A B Approach Delay (s) 00 1-.5 10.3 Approa.rl,~ LOS - _ - - - -- B Irit~rsecfioi~ 5u~i}ma -,__ ~.-`=__ ~ ~ - -_ Average Celay 2.2 Intersection Capacity Utilization - _ - - ___ _ 25.8°o ICIJ Level of Service= - A' Analysis Period (mir:J t5 Synchro 7 - Report Page 2 Proposed Alignment 2012 PM Peak Hour 2: 1 st Street & SB 7th Avenue ~ ~- i~loyeme~ _ :. = " L EST , t r'~T_; __VVB~<- _-SB~ _,~ SBA .~> ---- Lane Configurati~ ins ~ '~ Volume {vehlh} '=2 234 j97 iQ9 77 2 Sign Control - Free Free - Stop _ Grade =- -" ~"~o ~`:~n ~% - Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 - Hourly flow rate_(vph} - , 2 54 -_ ;214 118 4 - 2 _ Pedestrians Lane Widtf3 (ft} _- _ - - Walking Speed (ft's} Percent Blockages= Right turnslare (veh} Median type - _ ~fone None - - _--_ Median storage veh) lJpstream signal (ft} 355 pX, platoon unblocked 0.90 vC, conflicting volume 333 532 273 _ vC1, stage 1 canf vol vC2, stage 2 cont vol - _ "= vCu, unblocked vol 333 428 273 tC; single (~} 4;1 6.4 6.2 `' - - tC, 2 stage (s} - fF {s) 22_ 3.5 3.3 ; p0 queue ree °-~ 100 84 100 eP~i capacity (vehlh) 1227 526 - _ 765 - _ - - ` ~rectr©n:Lane-3~-= - _ - --~~=1._.. W&~ _=_S~~ _= . .- - - = = ,~._:_ Valume Total - -- - 257 _ - - `333 86 _ - Valume Left 2 0 84 Volume Right _ = 0 118 °,- 2 -- -_ cSH 1227 1700 530 _ Volume to Capacity -- _ 0:00 020 0.16 - -_ - - - - Queue Length 95th (ft} 0 0 14 Control Delay (s} 0:1 `0.0 13.1 _ - Lane LOS A B Approach`Delay (s) ff.1 0.0 1:3.1 Approach LOS S Intersection Summary ,- Average Delay i . r Intersection Capacity Utilization 28:1°,f~ IC U Level otService A Analysis Period (min) 15 - _ Synchro 7 - Report Page 1 Proposed Alignment 2012 PM Peak Hour 3: 1st Street & NB 7th Avenue ~ ~ movement - =EBT ' EER Y3l~t=_E ; _ =-.1~BL tJBF~ _ __._- .._ Lane Co?~figurations ~~ #~' ~~~ Volume (vehlh) 94 217 16 ' 135 171 7 -_ - Sigf~ Control - -- Free Free Stop - - --- _ - GCaCte - _ ~~'o - _ fl~/'o Qlo _ Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Hourly #loti^r rate (vphJ 102 236 17 147 - 186 B _ - - Pedestrians _ Lane,Wi~tti (ft) __ _ - Walking Speed (#tls) Percen#Blockage-. -- - - R'sghtturn flare (veh) Medan type None None __, Mercian storage veh) Upstream: signal (ft3 448 -- - --- pK, platoon unblocked 0.91 0.91 0.91 vG, conflicting volume _ 338 402 - -- 220 °_ vC1, stage 1 conf vol vG2, stage 2 con# vol `- vGu, unblocked vol 223 293 94 tC, single_(s) = = 4.1 6.4 6,2 =, _ tG 2 stage (s) tF (s} - _ - - 2.2 -- - -- -- 3.5 - - 3.3 - _ - pOqueue free °,~b 99 70 99 - -- cM capacity (vehlti) -- = 1225 ' 626 877 _ Birect~oniw.ane # -_ _ _ l~B ~. N1B 1 =t'~t31 ~ .'- -- .. _- _ -_ ~ , Valiame Totai 338 -- '=1.64 _ 193 _ - Volun;e Left 0 17 186 tfolume Right 236 - 0 8 - cSH - - 1700 1225 633 Volume. to Capacity 0.20 OD1 '0.31 ` Glueue Length 95th (ft) 0 1 32 Control Qelay (s) 0,0 1.0 1:3.2 __ Lane LOS A B Approach Qelay {sJ 0.0 1.0 - 3.2 _ - -- _ _ __ _ - _-- Approach LOS B t}rl ~G~~rX __ -- Average Qelay 3.9 intersection Capacity Utilization 37.1 °,o ICU Level o f Service A Analysis Period (rein) 15 Synchro 7 - Report Page 2 Kimiey-Horn and Associates, inc. SymTraffic Output Sheets Existing Geometry 2012 AM Peak Hour 12/4/2008 1: 1st Street & 7th Avenue Performance by movement '~~~r~ ~ , - BT t=Sfi 4VBL - ~1~ ~]~L _ ;_ i1BT . :._~l R~ _ ~ _ .. ~BL_ ~ . SBT ~i~fi - _a ___A~1 Total Delay (hr! 0.1~ ~ t 0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 Delay 1 Vah {s] - - 8,3 6.0 4.5 - 4.6 1.2 0.1 - 0.1 = 1.4 . -- 0.4, 0~1 -- 3~4 - Stop Delay {hr) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 - St DelNeh {s) _` 3,8 - 4.8 - 3.8 3.1 - 0.1 0.1 0.1 0.1 0.3' - 0.1 21 Total Stops - 13 --- - 15 1 5 0 0 0 0 0 0 34 StoplUeh- - _ 1:00 1.00 -1.00 1.00 :0.00 0.00 0,00 0.00= 0.00: 0.00 0:47 - - -- Travel Dist {mi] 0.9 1.1 0.0 0,2 0.1 0.5 0.1 0.2 0.8 0.0 4.0 Travel Time (hr) 0.1 0.1 0.0 0.0 O.D 0.0 0.0 - 0.0 00 0.0 02 Avg Speed {mph) 13 13 13 14 19 26 22 17 25 20 16 2: 1 st Street & 6th Avenue Performance by movement Movement EBT` ,V;~~L __W~F1= ._ --NSL =1~~-..~1~ ~ ~ ._; Total Delay jhr) 0.1 0.0 0.0 u.U 0.1 0.0 0.3 Delay 1 Veh {s] - 11:6 23.9 8.6 8.4 -- = 4.2 - 3.4 - - - 6.1 ;- Stop Delay {hr) 0.1 0.0 D.0 0.0 0.1 0.0 0.2 St DefNeh {s) 10-3 ',22.6 7.3 6,8 2.9 2.9 4.9 " -_ -_ Tota] Stops 17 3 6 4 37 2 69 StopNeh = 0.74 1 X00 _1.00 _0.40 0.35 = Q29 _ 0.45 Travel Dist {mi] 0.8 0.9 0.4 0.9 9.6 0.6 12.4 T~ave1 TirOe {hr) _ 0.1 U.0 0.0 0.1 0.5 0.0 - 0.8 Avg Speed {mph) 7 5 11 i 8 19 18 i fi Total Network Performance Total Delay (hr] 0.4 belay 1 ~leh {s] 6.9 - _ - - - - Stop Dcay {hr] 0.3 St pelNeh {s) '4.9 = Total Stops 103 --- - Stop,Ne}7_= 0.54 _ - Travel Dist (mi] 26.5 Travel Tirr3e (hr) 1.5 _- - - - _ -- -- -- - - ----- --- Avg Speed {mph) 18 SimTraffic Report Page 2 Existing Geometry 2D12 PM Peak Hour 12t4~zaas 1: 1st Street & 7th Avenue Performance by movement --~- ov~nte~T= ~ Et~€ E3T~ - ~8E=i _WE~t_ . ~nr~ i~z~ -- .-,.~~ NBT ~1BR:~ -SBL "SBT - -SBR Ai Total Delay (hr) D.0 0.0 0.0 0.0 0.0 0.0 Ci~O 0.0 0.0 0.0 0.0 0.1 Deiay 1 Veh (s) 5.7 9.2 5.5 3.8 5.2 1.7 _ _ 0.5 0.1 1':3 0:1 0:1 3~9 Stop Delay (hr) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 D.1 St DeiNef~ (s) 3.1 5.2 3 5 2.5 ' 3.1 0.3 0.2 0.1 '' 0.'1 01 Q1 2:2 Total Stops 1 12 22 1 27 1 0 0 0 0 0 64 SfopNeh 1.00 t00 1.05 __ =1.00 1.00 0.08 0.00 0.00 O.OD _ O.QO 6:Q0 0:;62 Travel Dist (mi) 0.1 0.9 1.5 0.0 1.2 0.6 0.7 0.2 0.0 0.5 0.0 5.7 Travel TiEt~e (hr} _ : 0:0 4.1 _ 0.1 - 0.0 = 0.1 0.0 - - 0.0 0.0 0.0 00 0:0 0,4 = .- -- Avg Speed (mph) 18 13 14 14 13 19 24 21 19 24 20 16 2: 1 st Street & 6th Avenue Performance by movement ov~r~~tr# ~ ` EBT WIC _ `WBA _ _._NBL.._. . =NST ~ ~1BN Rti ', _m Total Delay (l~r) 0.1 0.1 0.1 G. i 0.5 0.0 0.9 t7elay 1 Veh (s) = 11:4 1 ~ 6 9.7 12 2 9.0 6.5 10.0 ' - _ Stop Delay (hr} 0.1 0.1 0.0 0.1 0.3 0.0 0.6 Sf DelNet~ (s) 9.9 12.2 7.4 .10.2 5.9 2 7 =_ 7.2 __ _ Total Stops 24 16 12 12 102 1 167 StopNeh 0.73 - 0:80 -- 0.63 0.43 '-0.49 - -._ 0.33 0,54 _- - - Travel Dist (mi) 1.2 1.3 1.3 2.5 18.7 0.3 25.2 Travel Time (hr} Oil 0.1 0.1 0.2 1.3 0.0 1,9 - -- Avg Speed mph) 7 9 11 15 15 15 14 Total Network Performance Total belay (hr) - 1.1 - _ Delay I Veh (s} _ = 11.3 -; Step Delay (hr) 0.7 - - _ Total Stops __ -- - 231 StopNeh 6.68 Travel Dist (mi) 48.5 Travel Time (hr} 3.1 = ; -- - - Avg Speed (mph} --- - 16 SimTraffic Report Page 2 Proposed Alignment AM Peak Hour 2012 Buildout 1: 1st Street & 6th Avenue Performance by movement rf _ en~_= ~C~T' ~1!&T__ - WBE3 __ =N~3~--- ~L~..~'BP~ R{#-- -= _ -___ _:__ ;~~ Total Delay (hr) 0.2 0.0 0.0 0.0 0.1 0.0 0.4 Delay 1 Veh (s) _ 3t.8 23.9 ; 6.4 10.1 4.3 =` 2.8 8.6 St DeI.~Veh [s) 29.0 22.1 6.0 8.4 3.1 2.4 7.2 Total Stops - 20 4 9 5 29 2 69 5tap,~`Veh 1.00 0.80 0.82 0.50 0.25 0.29 0.41 Travel Dist [ant) - 3.5 0.3 °0.6 0.9 10.6 0.6 - 16.5 Travel Time (hr) 0.3 0.0 0,1 D.1 0.6 0.0 1.1 Rvg Speed(mph) 11 6 13 17 19 18 15 2: '! st Street & SB 7th Avenue Performance by movement PAvvemer~t `_ -;13T Wf~~ _ __ T--=~ --. ~~VBR .~=5~ _.,~A=, Total Delay [l~r) 0.0 O.D 0.0 0.0 0.1 Delay 1 Ueh [s) 2-0 -- 0.4 ' 0.2 > 6.7 - 2.7 `__ _ _ - -- St Del,Neh (s) 0.2 0.2 0.1 5.1 1.6 To#al Stops 0 __ - 0 0 21 21 StoplVeh 0.00 O.GO 0.00 1.00 0.29 TraveE Dist (mi) _ 1.7 - --- 0.2 0.1 1.6 3.6 -- - Travel Time {hr) 0.1 0.0 0.0 0.1 0.2 Avg Speetl mph) 19 18 13 14 16 _ 3: 1st Street & NB 7th Avenue Performance by movement -~ __ _ Total Delay (hr) 0.0 0.0 0.0 0.0 ~.~~ l~elay7 Veh {s) - __ 1:0 0.5 __ _ _ 0.2 > 4.5 1.1 St DeWeh {s) 0.2 0.2 0.1 3.1 0.6 Total Stops = - 0 0 0 10 i0 --- Sia~Neh 0.00 0.00 0,00 1.00 0.14 Travel Dist {mi) 0:2 __ 0.5 '0.9 0.2 - 1.8 Travel Time {hrJ 0.0 0.0 0.0 0.0 0.1 --- Rvg Speed {mph):- 15 i2 24 10 16 4: NB 7th Avenue & Performance by movement ~,loverneEit EBi_ BBL ~fBT =~BT_._=S8€~ - A!I .~` ~ . Total Delay [hr) 0.0 0.0 0.0 0.0 0.0 0.0 Delay 1 Veh {s) 3:4 ;i.0 '0.3 0.2 0.1 0.3 - - St Delr'Veh [s) 2.6 0.1 0.2 0.0 0.0 D.1 Total Stops 1 0 0 = 0 0 1 Sto~~Veh 1.00 0.00 0.00 0.00 0.00 0.02 Travel Dist (~ni) D0 b.1 0.3 0.5 0.1 1.1 Travel Time (hr) 0.0 0.0 0.0 0.0 0.0 0.1 Avg Spud (rr~pli) 15 18 ` 24 12 '= 11 _ - 14 SimTraffic Report Page 2 Proposed Alignment AM Peak Hour 2012 Buildout Total Network Performance - - = -= _.- T~~ta1 ~el~~y jhrl 0.5 Delay I Veh ~s) - 91 St Del~'Veh (s) 6.9 Total Stops _ _ __ - __ _ 101 '=`- ' Stop,~'Veh 0.49 Travel Dist (mil - - 39.2 - `. - --- --- Travel Tr;~e (hr) 2.2 Avg Speed (mph} _ 18 SimTraffic Report Page 3 Proposed Alignment PM Peak Hour 2012 BLIIICIOUt 12/4/2008 1: 1st Street & 6th Avenue Performance by movement _ ~o~re~erit - 1=~r _ _UV~r ~~R - _f~r~1=. ~v~~ 1•tBt~= A~- = ___-_ Total Delay (]~rj 0.3 0.1 0.1 0.1 0.5 0.0 1.1 Delay 1 Veh (sJ ` - 33.8 35.8 18.7 :::11.7 `_ 8.4 11.3 -" - 12.4 Stop Delay (hr) 0.3 0.1 0.1 0.1 0.4 0.0 0.9 St DelNeh {s} 30.8 _3.3.4 ..17.7 9.3 6.1 8.2 10.1 - -- -- _ - Total Stops 28 6 17 9 71 2 - -- 133 StopNeii 0.93 1:00 .0.77 0.22 0.32 b.33 0.41 Travel Dist (mi} 5.6 0.4 1.4 3.6 19.9 0.5 31.4 Travel Time {hr} - = -0.5 0.1 0.2 0.3 1.3 = 0.0 2.5 -= _' Avg Speed tmph} - ---- 11 5 8 17 16 13 14 2: 1 st Street & SB 7th Avenue Performance by movement ----~- - Mnvetrte~f _ EBT WST ." _ t~ 5BL All _ °, - - Total Delay (hr} 0.0 0.0 0.0 U.U U.U Delay 1 Veh (s) = 2:0 0.6 Q.7 8.6 1.8 Stop Delay (hr} 0.0 0.0 0.0 0.0 0.0 St DelNett {s) 0,1 0.3 0.4 6.6 0.8 -- Total Stops 0 0 0 9 - - 9 StopNeh 0;00 - 0:00 0.00 - -- 1.12 0.09 Travel Dist {mi) 2.3 0.4 0.4 0.7 3.8 Travel Time (tir? 0.1 0.0 0,0 0.0 _ Q.2 - - Avg Speed (mph} 19 15 12 14 17 3: 1st Street & NB 7th Avenue Performance by movement Mov~t~ „ 1t _ ~ _= BT __. EBR -'t~fBL _ W :1~BT -1~$L~ , ,~ ~. _ _- All Total Delay {hr) fi.0 0.0 0.0 0.0 0.1 0.1 Delay I Veh {s} i.3 0.5 fi.8 2.1 _- -10.1 =- 4.2 Stop Delay {hr) _ 0.0 0.0 0.0 0.0 0.1 0.1 St DeiNeh (s) 0'.1 0.1 5.5 1.7 9.3 - - -- 3.5 = Total Stops 0 0 1 2 - 3t -. - 34 - __ Stop,Neh= -_ 0:00 0:00 0.20 0.08 1.00 -_ = 0.33 Travel Dist (rni) 0.2 0.4 0.3 1.5 0.7 3.1 _ _. Travel Tiii7e {hr} 0'.0 0.0 0.0 0.1 0.1 0.3 Avg Speed (mph] 15 13 13 20 6 12 - - SimTraffic Report Page 2 Proposed Alignment PM Peak Hour 2012 Buildout (21412008 4: NB 7t1~ Avenue & Performance by movement ._ - Move~+ler~~_~_ ___= =-E€~~ 1=-6F~ ..._. NR~ _:-NBT_: -$BT ~P - _ - - A1~- _-_ __-_ _=-= = -_ Total Delay (hr) 0.0 6.0 0.0 0.0 0.0 0.0 0.0 Delay 1 Veh {s) 5.9 3.4 1.3 1.3 0.3 0.1 1,3 S'op Delay (hr) 0.0 0.0 0.0 0.0 0.0 0.0 0.0 St DelNeh {s) _ 4:6 3.2 0.5 0.8 0,0 0.0 _ 0.8 Total Stops 7 3 1 1 0 0 12 StopNeh= -_ 1.17 - 1..00 0.17 0.04 - .::0.00 0.00 0.17:..: - Travel Dis# (mi) 0.3 0.1 0.2 0.8 0.5 0.1 2.1 Travel Time (hr) . QEt 0.0 0.0 0.0 0.0 0.0 0.1 - - __ Avg Speed (mph)- 13 14 16 19 13 12 15 -- Total Network Performance 1, Iota] Delay (l~r) 1.~+ _ l]elay 1 Veh (s) _ 3.4 -- _ --- Stop Delay (hr) 1.1 St DelNeh {s) - ]0.1 Total Stops 188 StopNeh' -- =: 0.50 Travel Dist (mi) 73.5 Travel Tirne {hr) 4.6 _ Avg Speed (mph) 17 SimTraffic Report Page 3 Kimley-Horn and Associates, Inc, FDOT Peak Season Factors 2007 Peak Season Factor Category Report - Report Type: ALL Category: 9300 EAST- AlA TO US1 MOCF: 0.88 Week Rates SF PSCF --1- 01/01/2007 - 01/06/20D7 0.99 1.12 2 01/07/2007 - 01/13/2007 0.95 1.08 * 3 01/14/2007 - D1/20/2D07 0.91 1.03 * 4 01/21/2007 - 01/27/2007 0.90 1.02 * 5 01/28/2007 - 02/03/2007 0.89 1.01 * 6 02/04/2007 - 02/10/2007 0.88 1.00 * 7 02/11/20D7 - 02/17/2007 D.87 0.99 * 8 D2/18/2007 - 02/24/2007 0.87 0.99 * 9 D2/25/2D07 - 03/03/2007 0.87 0.99 *10 03/04/2D07 - 03/10/2007 0.86 0.97 *11 03/11/2007 - 03/17/2007 0.86 0.97 *12 03/18/2007 - 03/24/2007 0.87 0.99 *13 03/25/2007 - 03/31/2007 0.$9 1.01 *14 04/01/2007 - 04/07/2DD7 0.90 1.02 *15 04/08/2007 - 04/14/20D7 0.91 1.03 1fi 04/15/2007 - 04/21/2007 0.93 1.05 17 04/22/2007 - 04/28/20D7 0.94 1.05 18 04/29/2007 - 05/05/2007 0.96 1.p9 19 05/06/2D07 - 05/12/2007 0.98 l.ll 20 05/13/2007 - OS/19/2007 1.00 1.13 21 05/20/2007 - 05/26/2007 1.02 1.15 22 05/27/2007 - 06/D2/2007 1.D4 1.18 23 06/03/2007 ~ 06/09/20D7 1.06 1.2D 24 06/10/2007 - 06/15/2007 1.09 1.23 25 06/17/2007 - 06/23/2007 1.10 1.25 26 06/24/2007 - 06/30/2007 1.11 1.26 27 07/01/2D07 - 07!07/2007 1.12 1.27 2$ 07108/20p7 - 07/14/2007 1.13 1.28 29 07/1S/2007 - 07/21/2007 1.14 1.29 30 07/22/2007 - 07/28/2007 1.14 1.29 31 07/29/20D7 - 08/04/2007 1.13 1.28 32 08/05/2007 - 08/11/2007 1.13 1.28 33 08/12/2007 - 0$/18/2007 1.13 1.28 34 08!19/2007 - OB/25/20D7 1.13 1.28 35 08/26/2007 - 09/01/20D7 1.14 1.29 36 09/02/2007 - 09/08/2007 1.14 1.29 37 09/09/2D07 - 09/15120D7 1.15 1.30 38 09/16/2007 - 09/22/2007 1.13 1.28 39 09/23/2007 - 09/29/2007 1.12 1.27 40 09/30/2007 - 10/D6/2007 1.10 1.25 41 10/07/2007 - 10/13/2007 1.08 1.22 42 10/14/2D07 - 1D/20/2007 1.06 1.20 43 10/21/2007 - 10/27/2007 1.05 1.19 44 10/28/2007 - 11/03/2007 1.04 1.18 45 11/04/2007 - 11/10/2007 1.02 1.16 4b 11/11/2007 - 11/17/2007 1.01 1.14 47 11/18/2D07 - 11/24/2007 1.00 1.13 48 11/25/2007 - 12/01/2007 1.00 1.13 49 12/02/2007 - 12/08/2007 0.99 1.12 50 I2/09/2007 - 12/15/2D07 0.99 1.12 Sl 12/16/2007 - 12/22/2007 0.96 1.09 52 12/23/2007 - 12/29/20D7 0.93 1.05 53 12/30/2007 - 12/31/2007 0.91 1.03 * Peak Season Page 1 01 4 Kimley-Horn artd Associates, Inc. Intersection Turning Movement Counts fCmley--Nora antf4ssoci~t~s Irrc. 443:1 Emt~areadera brine Lrsia#~on: NE 1.st St, 8~ NE 7#It Ana.: West Palm Beach, Fle+rlcla C?t3!, State: Boca Raton, F[orlcfa 33{37 Counter: IVIV aay of week:. Tues. firn~rnc ~rintarf-:t [r,c}ii#tari Fite tVame ; 627N[riST-IVE7AV Site Cade : $5555555 Stack Rate :1 1 /1 812013 8 Pegg No : '€ ~__~._ _.~.,_.. ~ _~r-~.~ ~E 7ttl.fAue: ..._ EvIE 1st 8t: ---- NE 7thAve. --__ _.~.... .. NE 1st SL ~~u~,~~~,~, Wostt~und i >Un~Et,t~~~~ Eastt7ound ~ ~tart'Ti~ne night Thru Left: Pegs RtghE Ttrru Left __.... : Pegs ..._. R~ghE Tl~ru Lsft Peels RIghE ~ .,. __ Ttiria Left Pella ... w~ Int. Ta#al Factor. 1.4 1:0 1::fl 1:.4 1:0 . 1 0 1.0 1;4 1.(3' 'l:4 1.0 1:0 1,0 °I,0 1 f31, 1.:0 _ D7:40AA+1 4 1`i: 1 t4 0 b. ~. ~1 0 3 0 -0 0 0 0 0 1S 07:i5.AM 1. 'f6 ti 0 ~ U' 0 2 Q 5 i3 °1 ~ 4 4 1 26 €7:34:;4M 0 10 Q 1 4 0 1 1 1 6 D Q 3 2 4 1 26 ---_-- 074tz.AltirE -- fl '~7 .4 4 1 0 2 2 ... 2 M 8 2 2 1 fl. [} 0 41 Total `1 54 5 1 1 0 3 6 _...u~3 22 2 3 4 2 Q.. 2. _ mmm '10~ 48:40 AtN 4 22. S ~ 0 1 D 1~ 2: `$ 9 (1 : 3 2, 0 2 +19 €8:1.5 Ah;4 1 20 8 Q. 1 .2 2 Ci 4 i3 '1 ~: 1 4 6 1 49 t18::~4 F.(vt ! 27 5 ~? 4: 5 4 2' 3: 6 1t 1 1}, 4' 1 2 61 0$:45 AlN 0: 15' D ~ 4` 2. 2 4 1 1`3 2.. . 2 '€ 1 4 $ ~}$ Total 2. 84 1$ 4 1 1(?' 8 7" ~ .. 'f0 35 4 .3 5 7 1 8 207 "~ BREAK*"" 71:411 Apt o 18 1 9 2 ~ 2 2 U 14 3 0 1 4 2 3 52. 91:', S P~N1 1 19 b '1 0 3 0 5 $'. 1~ 4 0 0 fl 0 2 } f 3 `:.}D: Atilt 0 17 `1' 1 2 .1 2 3' 2 12 ~ 1 2 0 3 3 . S2 1.1:45 A(~+1 2 17 3 1 1 2 1 4 0 18 3 2 4 4 4. 0 a4 Totat 3 71 5 4 5 9 5 14 5 8€;! 12 3 ~ 0 _ 5 $ 212 12:Ot1:Ptv1 2 21 3 0. 4 ~ 3 fl 4. 14 2' 0 2 fl 4 3 57 72.15 PNC 4 24 ~ 0 1 ~ 4 2 0 16 6 4 4 1 ? 1 60 92;34 RM 2_ 1~ .', fl 1 4 2 4 q ~ 2 ~ Q 1 0 3 5'1 12:451~M ~! 42 3' Q 1. 5 2 0 fl 17 3 $ 2 1 0 1 54 .t.otal $ 71 11 Q 3 ~ 15 ~' ~.~ _~.$ 8 ^S6 t2 5 4 3 ~ r~.-~ ~2 *~ t3FiEAtC'>«* g4;Dt) Phit 2 12 2 1 0 4 4 2 0 17 5 4 3 0 i3 0 52 C~4~15 PtN 9 17 5 ~ 1 2 2 3 4 8 6 2 1' 2 2 ~ 53 =i~,i0 F'M 1 2q ~ 2 4 10 `3 0 1 18 4 f? Q 1 1 '[ 68 .e ._. 04.45;Pty1 0 "t4 '! 7 2 3 4 6 3 .. Tfi 1 1 1 1 a 2 56 Tcitai 4 63 1'~ ~# 7 19 13 11 _ ~. 4 59~ 16 3 'S 4 ~ ~ _ 229 115:(1[i PNl ') 13 0 2 2 ( 2 3 p. 21. B 0 0 2 2 3 63 0~:1aPN1 0 94 1 D ~ 2 ~a 1 2' 28 3 fl 1 0 1 5 64 O~::iO Ph+t 1 9 1' 1 0 3 3 .2 ~ 19 3 1 1 2 4 2 51 45:4G F'ht -_~.__ _. 3 1~: 3 ') 7 2 4 2 4; 8 5 4 4 4 0 3 44 Totat 5 4$ 5 ~ 4 13 14 $ 5 76 17 1. 2 4 3 _ ~. "13~ ~.~:.ZZ2 ~rand.Ti3tai 23. 391 ~F '17 1 66 54- 52 35 30$ S3. 18 28 24 13 4u 12€.11 . Apprch °rd 4,7 80:6 1.9.7 3.5 ( 14,9' 34.2 2$,4 26:9 ~ $:3 72.8 14.9` 4.2 ~ X3,2 Zt3:2 13.1 :43.4 TataE 9'a. 1:9 32.6 4.S 1.4 1.7 5.5 A;'z 4.3 2.9 25,8° 5.2 1.5. 1:9 1.7 1:'t 3.6 ~ Start Tune i "fit ( ".~ ~ .Leff ` °s Toi-a[ ~ ~~t "~ ~ befit j ~~s I "Cote! I ~ht ~ ~ ~~ (L~ft I r~s I T tat I ~ht I , 3u (~"e~ ~ r s ~ Total ( Total I - Vol~rme ... 2 '$4 1:8 4 "itl8 1 1D 8 7 26 Percent 9 77: 1 14. 3 7 8 3$. 3 30. 26. , i3 7 . . 5 8 9 Q8:34 ' Valume 1 27 5. 0 33 4 5 4 2 1'1 ~ Peak Factor High irit: .0834:4tv1 Os`s4ANl, Vtil~me 1 27 5 0 33 {f 5 4 2 11 -Peak Faeto~ 0:81:$ q:591 1 El 35 ;~ 3 rat 1 ~. 67: y;7 5:8 2 3 3 6 4 1 14. 5 7 1 $ ~1 23: 33. 38 4:8 ~ 8 $ . . 4 4 1 2 7 2fl7 48;4.5litVl. i 1 13 2 2 181 0722 08:04 Ali 3 2 4 2 7 0:'X50 61 4:848 lrit~rs~cti~ :~.t:~p AA+I Volume 4 78' 9 2 94 4 `~ '10. 9 32 Ferceitt. 4.3 ~' 9.6 2.1 'I'2, 2s, 31. 28. £t 5 1 3 1 1z;~a o z~ a a xs 1 ~ 4 z 10 volsame ... Peak Factor i•iigh lrit_ 1.2:04 PiVI 12:15. PM V®lume: 2 ~1 3 0 25 1 3 4 2 10 F~etor i?sair:HOur From D2;OO P~+l:ta:45,45 Ptvi.- Pea k 1 of 1 }r-tersectic~ 04:30 P[al tlolume ~ s1 4 5 72` ~_ 21 1~} 10 54 Percenf: 84. 2.f3 5 B 6;9 16: 38. 25, 't~, 7 . 7 9 9 5 04:5 Ve~[ur~e 1 20 2 2 25 4 10 3: 0 '! 7 PeaK ~a~tt~r High In# p4 3(1 Ply1. a~#,3C} PM VOI~tIie: 9 2Q: 2 2 25 4 1a: 3 0 17 leak Factor 0:'72Q 0:79 8 60 12 3 81 ~ ` ~ 7.4 ~ ~ 3.7 0 1F a 0 21 11:45 AAfl 0 1 B 3. 2 23 a:880 i fi: 83 14 1 1a4 7~3 1~ 5:8 . • 1 0 8 5 . 1 18 4 0 23 05:95 PPA 2 28 3 0 33 x:788. 4 1 4 7 98 ~ 2 4 ~ 6.3. 0 8 c~ ~ z 11.;3(9 ,q[uf a a ~ s {t.50(l 2. 4 4 11 21 19 99; 52. 95 . a a 4 0 1 9 1 .3 aa:aa Pra 0 ~ ~ 3 .7 a:75{3 ~3 so a.sae 251 65 Oc823 :i~'imlSy-Horn and Ass~~iat~s,_lnc. X431 Etnbarcadero Qrive West Palrrl6eactt; Flar'ida Fill-Name 627NE95T h1E7AV 807 Site Code :55555555 Start Date : 11/1'8l20a8. rage. 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N-i N 3 O ~ c . c d ~+ d 3 3 s o 0 0 0 0 0 0 0 0 0 0 0 0 g o a r o a o 0 o g q q q q 0 0 0 0 0 N a om00 m m0~+0 ~ 0000 0 a s ~ aio o 0 0 0 0 0 0 0 0 0 0 0 0 o o 0 s i C s O O O O O O O O O O O O O O O ~ ~ y o 0 o g q 0 0 0 0 0 0 0 0 0 0 ¢ ¢ ¢ ¢ m ~ ~ ~ ~ a a a ~ a a ~ a m w . ~ ¢ ., a Q ~ 0o cfi oo ao F ~ r N ~ ~ ~ ~ ~ ~ri F Page 1 of 2 Pape, Scott From: Valek, Denise Sent: Tuesday, February 10, 2009 11:32 AM To: Pape, Scott Subject: FW: Scott, I don`t recall if I sent this to you last week. Z~ecaiae ~ `llama Executive Assistant Planning & .Zoning Department City of Delray Beach 100 NW ist Avenue Delray Beach, FL 33444 Phone: 58i-243-7041 Fax: 56i-243-7221 valek@ci. delray-beach.fl. us ~eYhapS~~o- mccc~. o f ~veryLh.~rtc~ i~ u~ ~a~. a~fit~o- I~i,~t~.Pi ..................~17Nt[ }~R73~R From; Jim [mailto:jkncalco@aol.com] Sent; Wednesday, February 04, 2009 6;24 PM To: PZmail@MyDelrayBeach.com; lrllis, Rita; Eliopoulos, Gary; McDuffie, Woodie, Fetzer, Fred; Bernard, Mack Subject: Mayor, Commission Members, Planning & Zoning Members and City Staff. As a business owner in Delray Beach for the past 11 years and a native of Palm Beach County I would appreciate it if you would look favorably upon the much needed redevelopment of Atlantic Plaza. As spelled out in many studies over the years the pedestrian traffic in Downtown Delray Beach is vibrant from Swinton Ave to 6th Ave. West and East of these streets the pedestrian traffic comes to a stand still as there is not enough excitement to entice the pedestrians to continue walking. The redevelopment of Atlantic Plaza will be the caw bell to convince the pedestrian traffic to continue walking to 7th Ave and across the Intracoastal Waterway which will help the east side. In addition, the redevelopment of this property will bring an increased tax base, new jobs and ultimately contribute to the sustainability of Downtown Delray Beach. In these difFcult economic times it is important to encourage redevelopment and not discourage it. You do not have to look far to see many missed opportunities up and down Federal Highway due to the NIBMY effect. I respectfully request that you move forward with the approval of this project now sa we do not miss another development cycle. Sincerely, Jim Knight The Knight Group, LLC 103 SE 4th Ave #103 Delray Beach, FL 33483 Ph (561) 279-8601 ?/10/2~Q9 Page 1 of 1 Pape, Scott f=rom: Jane Fields [fieldsj2005@yahoo.com] Sent: Wednesday, January 28, 2009 8:50 PM To: Zubek, Scott; Pape, Scott; McDonnell, Mark Cc: Ellis, Rita; McDuffie, Woodier Eliopoulos, Gary; Fetzer, Fred; Bernard, Mack Subject: atlantic plaza Dear P&Z, I wasn't able to attend the meeting this week but wan#ed #o email anyway to show suppark for the plans to redevelop Atlan#ic Plaza and the surrounding properties. I live on SE 7th Avenue so am personally and directly affected by all this. In my opinion, this redevelopment project will be a much improved and wonderful asset to this section of the city. However, for it be a "total success" I feel that city should focus time and resources on identifying and soliciting the "right type" of retail businesses that will truly add value and diversity #o our downtown. Namely, an organic grocery store, a butcher, a book store, etc. These are all types of businesses that are missing (and won't necessarily compete with current businesses) that would do well here. We don't need another pizza restaurant. We should focus on attracting categories of retailers that are currently not represented on the Avenue. This would better fulfill our "village by the sea" mission statement by giving existing residents (and future residents when the population becomes more dense with all those condo projects) more reasons and purpose to shop downtown for everyday items thus consistently spending mare time (and money) milling around the Avenue (other than just on weekend evenings securing dinner reservations), Thanks you. Jane Fields 319 SE 7th Avenue Zubek(a~ci.delrav-beach.fl.us PageC7a.ci.delrav-beach.fi.us McDonnellCa?ci.delray-beach.fl.us and copy to the City Commissioners: Mayor Rita Ellis "RitaEllis(a~mydelraybeach.cam" Vice-Mayor Woodie McDuffie "wmcduffie@mydelraybeach.com" Deputy Vice-Mayor Gary Eliopou[os "gpe@mydelraybeach.com" Commissioner Fred Fetzer "Fetzer ~mydelraybeach.com" Commissioner Mackenson Bernard "Mackbernard(a1_m, dy elraybeach.com" (129/2009 Page 1 of 1 Pape, Scott From: Andrea Knibbs [aknibbs@smith-knibbs.com] Sent: Monday, January 2fi, 2009 4:33 PM To: Pape, Scott; Zubek, Scott Subject: FW: Atlantic Plaza II From: Steven Miskew [mailto:SteveMiskew@RJSRealty.com] Sent: Monday, 3anuary 26, 2Qt79 4:23 PM To: pzmail@mydelraybeach.com; RitaEllis@mydelraybeach,com; gpe@mydelraybeach.com; wmcduffie@mydelraybeach.com; Fetrer@mydelraybeach.com; Mackbernard@mydelraybeach,com Subject: Atlantic Plaza II Planning & Zoning Board members, Asa 13-year, very nearby resident of the proposed Atlantic Plaza I{ (residing at 819 NB 1St CT....genera[lythe "Palm Trail neighborhood"}, I am keenly interested in various aspects of the project, particularly related to traffic intensity and access. NI= 7th Avenue has long been a heavily traveled, poorly patrolled substitute for NE 6th., with an abundance of safety issues including an especially dangerous intersection at NE 1st St. (why no 4-way stop there?) It appears that the re-routing of 7th through the project with a terminus at 1St St will serve to slow the traffic along NE 7th, if not to minimize it as well. 1 presume the light at 7th and Atlantic remains intact, and that there will be passage across NE 6tn from Ne 1St St. In that case, I support the change as presented. Respecffully, Steven C. Miskew Managzng Director RJS Realty Group, Inc. 70 SE 4th Avenue Delray Beach, FL 33483 ph. 561-659-9771 ext.2 fax 561-659-9773 www.risrealty.com 1/27/2009 Page 1 of 2 Pape, Scott From: David Hall [David.Hall@DeliverTheDream.org] Sent; Monday, January 2B, 2009 4:08 PM To: Ellis, Rita; Zubek, Scott; Pape, Scott; McDonnell, Mark Cc: McDuffie, Woodier Eliopoulvs, Gary; Fetzer, Fred; Bernard, Mack - Subject: Support in favor of Atlantic Ave 7th Ave reconfigure and Atlantic Court Dear Mayor, commissioners and planning and zoning officers, Like so many citizens of Delray Beach, I am in support of the Atlantic Ave development project, specifically the proposed plan to reconfigure 7th Ave and add the new Atlantic Court. This project's design, its extensive planning, and the tax benefits for Delray Beach ali appear to be quite favorable. Please continue to approve with your careful and diligent eye. Keep Delray Beach strong, beautiful and for the people, animals, friends and neighbors that make this city a great one. Thank you-for the great job you and the commissioners are doing to build Delray Beach of the future. Regards, David H. Ha11, Director of Development Deliver the Dream, Inc. 3223 NW 10th Terrace, Ste. 602 Fort Lauderdale, FL 33309 ~ 954564-3512 Fax 954-564-4385 vwvw.deliverfhedream.ora Through consistent advocacy, stewardship and productive partnerships, we will deliver highly effective programs that enable those undergoing crisis or chronic illness to regain strength, mend spirits and become families and kids again. Confidentiality Notice: This message, its contents and any attachment is the property of Deliver the Dream, Inc., and its affiliates and is intended for use only by the individual ar entity tv which it is addressed and may contain information that is proprietary, privileged, confidential, and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient yr the employee yr agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, reading or copying of this communication is strictly prohibited. If you have received this communication in error, please 1./27/2009 Pape, Sco## From: Todd L'Herrou [Iherrou@electronic-viilage.com] Sent: Monday, January 26, 2009 3:37 PM To: Zubel<, Sco#t; Pape, Scott; McDonnell@ci.delray-beach.fl.us Subject: Atlantic Plaza Just a quick reminder... as you know, the Chamber of Commerce has gone on recozd as supporting the Atlantic Plaza project in concept. This is an important project for Delray Beach, and will. bring a much-needed stimulus to our downtown along the section of Atlantic Ave just west of the bridge. T hope you will keep the Long-term importance of this development in mind. While change (and construction impact) is never easy, the end goal should be kept in mind in considering the realignment of 7th Ave. Dodd L'Herrou 1 Page 1 of 1 Pape, Scott Frain: Andrea Knibbs [aknibias@smith-knibbs.com] Sent: Monday, January 26, 2009 2:18 PM To: Pape, Scott; McDonnell, Mark; ~ubek, Scott Cc: 'Jason MankofF; bmilmoe@cdsintinc.com Subject: FW: Atlantic Plaza From: kat vanduren [mailto:krrd424@yahoo.com] Sent: Wednesday, January 21, 2009 9:41 PM To: PZMaiI@mydelraybeach.com; RitaEllis@mydelraybeach.com; wmcduffie@mydelraybeach.com; gpe@mydelraybeach.com; Fetzer@mydelraybeach.com; Mackbernard@mydelraybeach.com Subject: Re: Atlantic Plaza I wish to go on record supporting the redevelopment plans of atlantic plaza west thru federal as a living, shopping, leisure project. The developer's intentions fit in with Delray's scheme of life....we do not want a greedy highrise here.....please! We are assuming that the waterfront of the park will stay public W yes?! if not please readdress that part of the plan. Katherine VanDuren 561 703 0202 1/26/2009 Page 1 of 1 Pape, Scott From: Anne Marie Brown [ambttn@hotmail.com] Sent: Monday, January 26, 2009 2:02 PM To: zubek, Scott; Pape, Scott; McDonnell, Mark Subject: Altantic Pfaza Please consider this email as my support of the proposed Atlantic Plaza project. We need to be connected to downtown! It is such a beautiful site that most people are still unaware of. Thank youl!! Anne Marie Brown Anne Marie's Art Fantasies c/o Arts Arena 777 ~. Atlantic Blvd., Suite B3 Defray Beach, FL 33483 (954) 588-3640 ambttn@hotmail.com Windows Live71N: ~-mail. Chat. Share. Get more ways to connect, See how it works. 1/26/2009 Subject: FW: Atlantic Plaza ETAL Date: Tue, 9 Dec 2448 14:40:11 -0504 From: tiynch@plastridge.com To: rangel@ci.delray_beach.fl,us CC: harden@ci.delray_beach.fl.us To the Mayor and City Commission of Delray Beach I do not usually come to meetings or get involved in the city's issues, but thought this was important enough to speak up on the issue. The project being proposed by CDS Int. Holdings (Atlantic Plaza property and 7th Avenue to Federal Highway} is similar to what we tried to get done in the early years of the CRA. In fact, in ~ 987, our plan was to bring in Jacobson's Department Store and create amixed-use project which would have residential, retail, and some offices in that entire area. When the area was eventually developed by Sandy Simon, it only had retail and offices. In these economic times, if Delray Beach is fortunafie enough to have a developer who already has a vested interest in the town with a successful project, and they want to expand their current situation, I think we should work with them very closely to try to meet the goals of both parties. It appears that from the plans that the density has been reduced from what would have been available based on the size of the property and the overall projec# does bring in the stability of retail, office, and residential components. This is very much the trend of successful projects across the country. I realize that some would be opposed to the 5-story structures on some of the buildings, but in the spirit of compromise, the developer is lowering the number of units and the higher structures will be kept back from Atlantic Avenue so that they would not have such an overwhelming affect on our quaint downtown area. There are times in Delray when we should hold firm to what we want because we have earned the right to be particular and to keep the successes that Delray now has. There are times when you compromise to achieve the best for everybody and I think this is one of those times. This project in today's economic times will send a message that Delray Beach is still on the move and progressing in i#s leadership position throughout South Florida. Thomas E. Lynch 820 N.E. 6th Avenue Delray Beach, FL 33483 501-276-5221 X1231 ~~i ~~• ~~ FORMAN G A P t T A L December 9, 2008 City Colnrnissianers Delray Beach, Florida pzmail@mydekaybeach.rnm ritaellzs@mydelraybeach.com wmc du f£ie @mydelr ayb e a ch. c o m gpe@mydelraybeach. com fefzer@mydelrayheach.com mackbernard@mydekaybeach.com Dear Conunissioners, I am writing this letter to show my support for the proposed Atlantic Plaza II development. As a resident {Palm Trail area} and business owner in Delray Beach, I believe the project is a much needed improvement to the Downtown area and Delray Beach as a whole. Change is inevitablc, and in this case, a big positive step, in the right direction. As a business owner in the finance industry, I am considering moving my offices to Boca Raton due to the lack of higher quality office space with parking such as the proposed Atlantic Plaza redevelopment will offer. Additionally, as a resident (with a family} on NE Eighth Avenue, I think the proposed development will help with depressed property values and bolster the neighborhood and city generally. The proposed development will make the already attractive Atlantic Avenue more exciting and more of a destination for tourists and residents from neighboring towns. This naturally helps with employment and revenues for the City. I feel the Commission is doing its best to uphold its responsibilities to all parties with an interest in Delray Beach. The approval of the Atlantic Plaza II development promotes Delray's mission for responsible growth and smart development of the downtown area. Sincerely, Brett D. Forman President 751E 6`~ Ave. • SUITE 101 • DEI,RAX BEACH • FLORIDA 33483 PI-TONE (561) 588-0132 • ~'ACSIM3LE (561) 588-QI33 Dear City Commission, I own and operate Delray Beach Cruises located at 801 East Atlantic Ave in Veteran's Park. I wanted to send along a quick note of support for the proposed plans to redevelop Atlantic Plaza. Having been in operation at this location since 2003 I feel I have a very good feel for this part of Atlantic Avenue and what its needs are. My wife Kerry and I recently upgraded our cruising yacht departing from Veteran's Park with the brand new, faun million dollar Lady Atlantic. It is the newest and most luxurious cruising yacht that is available to the public anywhere in the country. It is a first class attraction in~a first class city that is in need of the exact type of surroundings that the new development promises to bring. We speak with locals and visitors alike who cruise with us an a daily basis as well the corporate community that often uses our vessel for their private events. The number one thing we hear is that they wish that this end of Atlantic Ave had the types of shops and restaurants found further west on the avenue, mainly because its a bit of a walk for the elderly to get there and they do not want to park twice. We attract on average of about 225 people a day to this area to go on our public sightseeing cruises. Many of those groups will eat in local restaurants before or after their cruise, shop in local stores, and in many cases, especially the destination weddings we do, stay in local hotels. Having this type of a mixed use development in this location will be a tremendous asset to the community and bring the °new" type of development that the area so desperately needs. With the proposed changes to Veteran's Park also being discussed, I feel that the opportunity is there to turn this location into a premier waterfront destination. Growing up in the Boston area, I can tell yon first hand that when Fanuel Hall and Quincy Market were redeveloped along the very same lines that you are considering, it put Boston in the top ten tourist destinations in the country year after year. This could be something that no neighboring community can claim to have, a waterfront multi use destination in the heart of the downtown area where residents and visitors will return over and over to enjoy all it has to offer. I wish the developers the best of luck and hope the City and the Commission see the same potential I da in this exciting new plan. Sincerely, Joe Reardon President, Delray Beach Cruises www.delra beachcruises.com Page 1 of 1 Pape, Scott From: Valek, Denise Sent: Tuesday, October 14, 2008 9:13 AM To: Pape, Scott Subject: FW: Atlantic Plaza Sco#t, FYI Deau¢e ~4 2/a~ele Executive Assistant Planning & Zoning Department City of Delray Beach 70D NW 4st Avenue Delray Beach, FL 33444 Phone: SB1-243-7D4T Fax: 561-243-722? valek@cidelray-beach.tl us From: Bob Schmier [maiEto:bschmier@sfrealty.com] Sent: Monday, October 13, 2008 1:18 PM To: P~mail@MyDelrayBeach.com Subject; Atlantic Plaza Planning and Zoning Board: We are residents of the City of Delray Beach. We live at 1008 Vista del Mar Drive, just north of and across from Veterans Parr. We wish to go on record as strongly supporting the redevelopment plan being proposed for the redevelopment of Atlantic Plaza. We do not own any businesses in the City, but frequent the many shops and restaurants in the downtown area. Atlantic Plaza is like a suburban development in an urban location. The new plan is in keeping with the needs of a vibrant, economically sustainable downtown. Robert and Linda Schmier 1 111 312 00 8 Page 1 of 2 Pape, Scott From: Valek, Denise Sent; Wednesday, October 15, 2008 3:40 PM To: Pape, Scott Subject: FW: 777 Atlantic project FYI De~u'ae ~ 2Jat°e! Executive Assistant Planning & Zoning Department City of Delray Seach 9110 NW 9stAvenue Delray Beach, FL 33444 Phone: 5ti1-243-7Q41 Fax: 569-243-7221 valekQci.delray-beach.tl. us From: David Hall jmailto:David.Hall@DeliverTheDream.org] Sent: Wednesday, October 15, 2008 11:56 AM Ta. PZmail@MyDelrayi3each.com Subject: 777 Atlantic project Just wanted to drop a line to say I'm a delighted Delray citizen, truly proud of our village by the sea. As a i 0 year resident and counting, I've attended two planning meetings for Veteren's Park/Office Park at the current 777 Atlantic site. It appears that great effort in creative planning and design has gone into the initial concepts and I whole heartedly support the efforts to date. Although I cannot attend the October 20th meeting, I wanted my voice to be heard as IN FAVOR of the beautiful plans for the Park as centerpiece for Delray Beach, along with the adjacent mixed use design of commercial property. Thank you. David H. Hall, Director of Development Deliver the Dream, Inc. 3223 NW 10th Terrace, Ste. 602 Fort Lauderdale, FL 33309 ~ 9545b4-3512 Fax 954-564-4385 www.deliverthedream.ora Through consistent advocacy, stewardship and productive partnerships, we will deliver highly effective programs that enable those undergoing crisis or chronic illness to regain strength, mend spirits and become families and kids again l 1/13/2008 Page 1 of 1 Pape, Scott From: IBEX Seminars (B.J.Waish) (ibexseminars@earthlink.netj Sent: Monday, November 17, 2008 8:28 AM To: Pape, Scott Subject: Abandonment ofi 7th Ave. Public No#ice #2408-209 Notice of Abandonment of Right-of--Way Please note my opposition to abandoning NE 7th Avenue. The proposed change will create a bottleneck at the western end of the Atlantic Avenue bridge and serves no purpose other than to force traffic into the new Atlantic Plaza development. The developer's representative has said this would "calm traffic," but the traffic on that block between Atlantic and 1st Street NE is aheady calm. 1 find it very distressing to think that the city would allow a developer to make such a radical change in the grid. I am also concerned that this proposal will make it more dangerous for pedestrians and people on bikes to navigate across Atlantic. Please stamp this one "BAD IDEA" and give it back to the developer. Thank you. Barbara Jean Walsh 715 NE 1st Court Apt. 1B Delray Beach, FL 33483 tel. 561-27b-2873 3/6/2009 DATE: January 19, 2009 TO: The City Commissioners & Members of the Planning & Zoning Board RE: Public Notice #2008-~09 ~ ~~ I realize the issue for the 26~ rr~eeting is re: the right-of--way, but o :issue is the destruction of Atlantic Plaza It is a beautiful plaza with water fountains, flowers, and shrubbery. Granted, it is not being used far commercial use as it should be, but with a little effort & publicity, it could be. We had, at one time, two great restaurants there. Both closed for some reason, and no one seemed to know why. To me, Atlantic Plaza ~~ is far superior to eating on sidewalks on Atlantic Ave. with people walking over and around you and autos blowing fumes. Boynton Beach & Boca would be thrilled to have such a place as Atlantic Plaza. Have you been in downtown Delray lately? We have empty buildings with "for sale" or ``for lease signs." We do not need any useless tearing down to make way for new construction. I cannot believe any one wanting to start new construction at this time. Will adding mare people and businesses result in less crime? Living where I do - a block and a half north of Atlantic Ave. - I see and hear of little crime in our area. if the owner of Atlantic Plaza wishes to help our city and our county, there are numerous ways to do so without adding the burden of more townhouses and automobiles. Please lmow you are representing the residents of Delray Beach. We have elected you and expect yo to consider our wishes. We love our city and want to keep it as a Village by the Sea, not a metropolis by the sea. Thank you. Glenna Hogan 71 S NE 1 ~ Court Apt 1 D . Delray Beach, FL 33483 sc ~ - a ~3 - aa'~ s D .lAN 2~ 20D9 PLANNING & ZONENG Peter ~o®ses~, ~ ~.~oo Lcwry Street #~~ Delray peach, ~~ ~~~~ 11 November 2008 Delray Planning and Zoning Board City Hall 100 NW 1St Avenue Delray Beach, FL 33444 Re: Atlantic Plaza 11 Development Dear Board Members: NO V ~ ~ 2D08 f c~ ~~~W~ ~ iLF 1~.:{ I would like to take this opportunity #o present my concerns about the current proposal of Atlantic Plaza II, its lack of meeting the requirements of our community, and its obvious disregard of Delray Beach's "master plan". Several years ago, the city drafted a "master plan" to assure that all future developments East of I-95 adhere to clearly defned standards, that the city's charm and uniqueness is preserved, and that traffic remains calm and #raffic congestion is avoided The proposed development does not seem to fit into the described "master plan." First, the building is set to crowd even more people and cars into space that is already limited. Second, there is an exemption in regard to building height (from 48 to 60 feet), that is likely to serve as precedent for future buildings, leading Delray Beach down the path of other cities (like Boca Raton and West Palm Beach), where the Iand~close to the ocean is literally littered with high rise buildings. Third, the proposal to abandon three alleyways, but most importantly part of 7tt` Avenue, is Likely to make traffic flow more burdensome and difficult. Lastly, how can the often cited image of Delray Beach as the "village by the sear be maintained, if the city supports such density of buildings, cars, and people in such limited space? Here it is worth noting that Atlantic Avenue East of the Intracoastal has already seen an enormous population increase in the last few years. We have witnessed a major enlargement of the Mamott Inn, and we are now witnessing the building of a large new hotel and wellness center across the Bank of America Building. Many of us have chosen to live in Delray Beach, because it did not fal# into the traps of overheated development, was not characterized by high rise buildings, and kept its village charm, so to speak. I am aware that many citizens raised their concems about the building's height exemption at last month's public hearing. However, I have been informed that after last month's public hearing only one (!) Planning and Zoning Board member actually voted against the developer's request for an exemption on the building height requirement. Although the town's citizens spoke and the majority of us gave good reasons for NOT wanting our ofFcials to approve this request, we were not heard. The developer is also asking the city to approve parking Eat loaders (which would electrically stack cars), and to give approval to abandon three rights-of-way to accommodate this development. Electric parking loaders are usually used in areas where space is extremely limited (i.e., they are common in Manhattan); this again nicely shows that toa many people and too many cars are planned for this limited space - in stark contrast to the village by the sea" advertising. 1 recently received Public Notice #200$-209, which is a notice of abandonment of three rights- of-way. I urge our city officials to deny the request of alley abandonment as described in Public Notice #2008-209, to re-consider the approval to extend the height of the building from 48 to 60 feet, and to bring the proposed building in line with the existing "master plan." I also noticed in Public Notice #2008-209 that the date of the next public meeting had been changed from Tuesday to Monday evening. Have all citizens received this note, or only those who live, like I do, closely to the Atlantic Plaza? If the latter is the case, anly a reduced number of citizens will have the opportunity to voice approval of or concern about the proposed changes. Thank you for your time and consideration of this important matter. sincerely, Gc. ~G~~~G~, We, the residents of the Delray Summit, are committed to ensuring that our "village by the sea", continues to serve its citizen's with its unique, small city charm. The dawntown Delray Beach Master Plan once afforded us~ this assurance by stating that the city would develop with the "dreams and aspirations of the community", including beautification and traffic calming. The current slated project of Atlantic Plaza TI goes against the Master Plan by adding a very dense modern building camplex along with a huge influx of people and traffic. This complex, added to many other new buildings in the city, will serve to fatally destroy the small "village by the sea "concept that once served its citizens and businesses well. Public Notice # 2008-209 is the notice of abandonment of three rights-of way associated with the current slated plan of Atlantic Plaza II. We would request that the Planning and Zoning Department and Board, deny the request of the developer to alter these streets as doing so further adds to traffic congestion and slowing and does not conform to the city's Master Plan. November $, 2008 U Ti9 ~}-~T ~'~ } 6 S~aSA ~ ~` 5'. 1 ~~ L y~ ~. ~, ~ W-c- d~`J~-Q-c,Y~ ~ - F ~~ ~. ~ r ,r ,. "` ~ ~~ ~ C~ (`fie-~ ~~ { F . ~.~ s~,,~ ~ % ~- -- -/y(~~//.y//~'y~ ya~l- .rte • -- d~ ! ~ r l' pC~~~_~ ~~c a ~ 2ao~ ~~A~~~~~ ~ z~~~fs~~ We, the residents of the Delray Summit, are committed to ensuring that our "village by the sea", continues to serve its citizen's with its unique, small city charm. The downtown Delray Beach Master Plan once afforded us this assurance by stating that the city would develop with the "dreams and aspirations of the community", including beautification and traffic calming. The current slated project of Atlantic Plaza II goes against the Master Plan by adding a very dense modern building complex along with a huge influx of people and traffic. This complex, added to many other new buildings iri the city, will serve to fatally destroy the small "village by the sea " concept that once served its citizens and businesses well, Public Notice # 2008-209 is the notice of abandonment of three rights-of- way associated with the current slated plan of Atlantic Plaza II. We would request that the Planning and Zoning Department and Board, deny the request of the developer to alter these streets as doing so further adds to traffic congestion and slowing and does not conform to the city's Master Plan. November 8, 2008 13 . I ~~ ,fit ~ ~~ ~ ~'~ a~~.~Cr e~ , /~~ - ~~ r ~.. ~~ ~ . ~ ~~~~~ ~ ~~ ~ ~ Cy !~ ~~ :~~~ ~~~~ ~ ~~' ~ 3 N ~~~ ~ ~'~ ~~ ~i. ~~uL~ nuv-a.~-~ndrs 1tD:'Lr YI"! J3F'T.F' '~GMP 3@24298 ~ P. 01 Prigc 2 of i Subj: F`w~ Anne, pta torwa-d #o all re:ldenb and Lek them #~ !ex back to us by 11115 date: 1(/1312408 9:D4:07 AM Eaatem Standard Time From: delraysum~(t®.bell~outh,net ,,,,~., - ! ~`, Ann Spedale, I.cAM Property Manager Delray Summit, Inc. 58.1-278.2050 ~._,__.~..__ Forwarded Message: ---------- From: oktayar~be#Isouth,net To: delraysummit(~bellavuth,net (Delray Summit) Subject; Anne, pis forward to all realdenia and ask them to flax back to us by 11115 Date: ~'hu, 13-Nov 2008 13:59:28 +OQ00 We, the residents of the Delray Summit, are committed to ensuring that our "village by the sea", continues to serve its citizen's with its unique, small city charm. The downtown Delray Beach Master Plan once afforded us this assurance by stating that the city would develop with the "drQams and aspirations of the community", including beautifcation and traffic calming. The current slated project of Atlantic Plaza I I goes against the Master Plan by adding a very dense modern building complex along with a huge influx of people and traffic, This complex, added to many .other new buildings in the city, will serve to fatally destroy the small "village by the sea "concept That once served its citizens and businesses well. Public Notice # 2q4$-20J is the notice of abandonment of three rights-of- way associated with the current slated plan of Atlantic Plaza 11, We would request that the Planning and zoning Department and_Board, deny the request of the developer to alter these streets as doing so fr,Jrther adds to traffic congestion and slowing and does not conform to the city's Master Plan, November 8 2008 ~G~b-r~ ~'" J ~ ~dr~ Lo~~ ~ ~r T~1tlrcr~~., l.r.._•_---,. .. .. ........ ..,.__ n«ti.,A~ AARTR[)RRi1~C?. 11/13/2@08 14:16 ~>.~ ~~..~ ^ ~7~J_ ~~~ 9147371967 ' 1~ Ann Spedale, t,GAM Property Manager Delray Summit. inc. 561-27B-2D5ia VALERIA PAGE @1/@1 ru~rc~vla Forwarded M'essage: -------- From: oktaysE~bellsouth.net To: delraysummit~belleautlti.net(Delr~eySummitl' Subject, Anne, pis forward tc all residents and ask tfiem to tax back tv us by 11115 Date: This, 13 Nov 20U>313:58:28 +0800 Wo, the residents of the galray Sumn~i#, are committed to ensuring that our "~+Ilage with its unique, small city charm. ' The downtown Delray Beach Master plan once afforded us this ersurance by stating and aspirations of the community", including beautification and traffic calming. The cun•ent slated piojeat ofi Atlantic Plaza I} goes against the Master t'lan by addinc with a huge Influx of people artd traftc. This complex, added to many ether new built small *village by the sea ° concept that once served its citizens and businesses well. Public Notice #>3 200!3-249 IS the native Df abandonment of three rights-af~way assos;ia Plaza ll. We would request that the P1i~nning and caning Department and Board, der streets as doing sa further adds to irafi~c congestion and slowing and does not confo November a, zoos Ann Spedale~ LCAM Properly M~r-agrr Delray Sstmmlt, inc. 561-278 2050 irnrwarded Message: ----------- From: otdays(~bellsautn.net To: delraysummlt@belksouttti.net (Delray Summlt} Subject: Ar1rie, pis forward to all residents and ask them to fsx back to tss by 1'1!15 Date: Thu. 13 Nov 208813;55:28 +OObO 11Ue, the residents of the Delray Summit, are committed to the sea", continues to serve its citizen's with Sts uniqul?, sm. The downtown Delray Beach Master Plan ante afforded us that the city would develop with the "dreams and aspiration including beautification and traffic calming. https : /Jwebmail.optimum.netJrnsg_fs_lr.html7&security=false8clang~n&popupLavel-un... 11/13/2008 We, the residents of the Delray Summit, are committed to ensuring that our "village by the sea", continues to serve its citizen's with its unique, small city charm. The downtown Delray Beach Master Plan once afforded us this assurance. by stating that the city would develop with -the "dreams and aspirations of the community", including beautification and traffic calming. The current slated project of Atlantic Plaza II goes against the Master Plan by adding a very dense modern building complex along with a huge influx of people and traffic., This._complex, added to many other n~:~v. buildings..in._.__. the city, will serve to fatally destroy the small "village by the sea "concept that once served its citizens and businesses well. Public Notice # 2008-209 is the notice of abandonment of three rights~of- way associated with the current slated plan of Atlantic Plaza 1'1. We would request that the Planning and Zoning Department and Board, deny the request of the developer to alter these streets as doing so further adds to traffic congestion and slowing and does not conform to the city's Master Plan. November 8, 2008 f- i~~/a~ rn ~ ~ 10~ ~u- ~3 C a~.~ ~-~-- ~~ ..... ..v vv ~~.~~~ ItVV61l 1V1. VIIICIUr,I V3 LPL-~~4-y, ,~ Pii We, the residents of the Delray Summit, axe committed to ensuring that our "village by the sea", continues to serve its citizen's with its unique, small city charm. The downtown Delray Beach Master Plan once afforded us this assw-ance by stating that the city would deveEop with the ``dreams and aspirations of the community", including beautif cation and traffic calming. The current slated project of Atlantic Plaza II goes against the Master Plan by adding a very dense modern k~uilding complex along v~~ith a huge influx of people and traffic. Tl1is complex, added to many other new buildings in the city, will serve to fatally destroy the small "village by the sea "concept that once served its citizens and businesses well. Public Notice # 2005-209 is the notice of abandonment of three rights-of- way associated with the current slated plan of .Atlantic Plaza II. We would request that the Planning and Zoning DepartrneRt and Board, deny the request of the developer to alter these streets as doing so further adds to traffic congestion and stowing and does not conform to the city's Master Plan. November 8, 2008 ~~ ~l~ d~~- ~~ ~~~ ~~~ ~~ ~~~ 31/38/2@@B @3:@6 7183175@32 PAGE 01101 ~Ve, the res."idents of the Delray Surninit, are coznrnitted to ensuring that our "villagt by the sea", confinues to serve rts citizen s with its unique, small city charm . '1`,he dowfltown Delray Beach lV,iaster Plan once afforded us this assurance by stating that the city would develop with the "dreams and as~irativns of the community", including beautification and traffic calming. The current slated project of Atlantic Plaza II goes s~gainst the Master. Plan by adding a very dense modern building complex along with a huge influx of people and, traffitc. This complex, added to many otb.er new buildings in the city, will serve to fatally destxoy the sm.ail "village by the sea "concept that or~.ce served its citizens and businesses well. Public Notice # 248-~09 ,is the notice of abandonment of three rights-of- way associated with the current slated plan of ,~1,tlantic Plaza II. We would request that the Planning and Zoning Department and Board, deny the xequ.est of. the developer to alter these streets as doing so further adds to traffic congestion and slowing and does not conform to the city's Master Plan. ~-~ November 8, 208 ~~~ /~ ~~ ~~ s ~~~ ~ ~ . I Y .. From; David Fi.eldhouse `-~.M -. From: Da~ld Fieldhouse <rosoniusa@yahoo.com> To: Ann Spedale <delraysummit@beilsoutii.net> Subject: Petition Date: Saturday, November 8, 2008 S:Si:t12 PM Attached, hope you can print zt out ~OK. David 1~~~e, the residents of the ~Delrtty ~utxtrnit, are c.°tn~ittc~d to ensuring thet our "villtige Tt~g fhe sea`', contr.~.tles ~~ serve ~t~ ~9111`S'4V'i1;h its ltnl~tl~:, SrTl:~i~~ city GhfEC`rt7. ~'he dory=ntQwn Delr~iy T3~e~Z 1~IiisEer Plan rttirse afforded ~ tlxi.s assurti~tug by st~itin~, tliat the city would develop. wyth the ;`dreams and aspirations ~f the ~~zrtcnt~ity", in~ludi~g l~~uta~~p~tign and tr"~tt c~irng. ~~he ecirrent slated prctjeet cif atlantic Plaza Il; ©~s ag~nst the rster 1"'l.tua by adding a very dense tntrdern lrulldirig ctintpl~c :along with a huge influx ~f people and ~rafftc. Tlii.s c~n~.pl.., ~dtled 1?-~ m:c~= crth~r cxew l~uiidings in the city, wi3l serve to f~t~ally dewy the sttigll. ftvil~~ige by the sea " co~neept th€it unr~e ser~~ed its citizens and businesses well, F'ulrlic Nati # 21}08-209 is the ncitice nf,abandt~nrnent of three rights~tf- ~~~ay ~issnciated wit}i the cur;cent s3:at~;d plan a:i;' At7~artti~c Pla:zfi ll.. ~Ve would regtiesC that the Planning and Zoni:n~; Delxarttnent grid Il~ird, deity the request a~f the det:elolreF m alter these streets ~:s ~doi.rig so ~iarEher tidds to tr~iffio oongestinn -and slowing acid domes riot cnttf~rrtl to the pity's tl~laslwer k~lan. :Vovetnher ~, 2iba8 David Fielditau~e itli~t7.~l,awrlyS~t, 7E 3~4~63 Page 1 0~ 1 [Print] [Clos~j http:/Iwebrrtail.att.netlwmclvlwm/4918350B0003 CEF200002BDB22234647029BOA02D2089B9... 11 /101200$ Page 1 of 1 Pape, Scott From: NinaBetina1@aol.com Sent: Thursday, October 09, 2008 2:33 PM To: Pape, Scott Subject: (no subject) Have you taken leave of your senses ? A 60 ft. monstruosity on Atlantic ave.seems completely out of character for the "village by the sea", unless you want to rename it something else. 1 live at the Delray Summit, full time, and this effectively ruin my view, hence the value of my apartment. is it because you are so greedy for the added revenues ? What about us ?Don't we count ? An outraged tax payer New MapQuest Local shows what's happening at your destination. Dining, Monies, ~~ents, News & more. it out! 11/13/2008 Page 1 of 1 Pape, Scott From: NinaBetina1 @aol.com Sent: Sunday, October 19, 2008 3:18 PM Ta; Pape, Scott Subject: {no subject) I have lived at the Delray Summit for the past 25 years. The city has changed a great deal since then, and not for the better ; it used to have the charm of a small town, and now it's wall to wall construction, more tall buidings, impossible trafficjams during the season.... now this latest project is going to black my view and more seriously affect our whale building..... To say that ! ob}ect is putting it mildly... Please reconsider your decision. very truly yours, Richard S. Miner New MapQuest Local shows what's happening at your destination. Dining, Movies, Events, News & more. it Doti 11/13/2008 Page 1 of 1 Pape, Scott From: oktays@bellsouth.net Sent: Wednesday, October 15, 2008 11:04 AM To: Pape, Scott Subject: Atlantic Plaza Il (cc. all city officials) Susan Oktay 1000 Lowry St., Apt.SD Delray Beach, FL 33483 Octoberl5, 2008 I would like to take this oppoxtunity to voice my opinion regarding both the future of Delray Beach as well as the proposal for the new construction of Atlantic Plaza II. Fox the most part, I have stayed an the side-lines and have only observed Delray Beach progress with its Master City Plan. It has now become painfully evident that I should have gotten involved years ago to ensure our motto of "village by the sea" continued to ring true! When I moved into the Delray Summit eleven years ago, this was a quite and quaint town full of charm that only an older small town could have. It has now. developed into a Las Olas wantWto-be and quite honestly, I do not favor the extensive change. Over the last few years, our town has seen the development of large buildings, businesses, hotels, resorts and town homes, all which have brought a huge influx of people. Na longer do we have the original flavor of "village by the sea" and the explosion of buildings and people has made me think that this is no longer the city I originally moved into. The traffic and crowds have just it made another greedy city; and I for one am very opposed and upset over ANY more development, including Atlantic Plaza II. I have read Public Notice #2008-182 and have the following comment. Nod No I do not want Atlantic Plaza II to go forward at all. No I do not wish that our Planning and Zoning department should approve a request to allow the height of building to exceed 48'. No I do not believe any redevelopment plan that has been proposed for this area fits into the city's "Master Plan" which reads that "solid planning principals and architectural design with the dreams and aspirations of the community" are being applied nor does it fit the "traffic calming" idea either! No I do not believe our city officials are applying their promise that the development effort in this case is being " driven by the residents and other stakeholders" because the vast majority of the residents and other interested parties are opposed to these building plans. Delray Beach used to a great place to live and truly had a flavor all of its own. We did not have the tall buildings, hectic atmosphere, population density or traffic problems of our neighbor cities. Currently, we are very close to being just like other crowded cities in S. Florida. I am imploring our City Officials to reconsider all current plans for the development of Atlantic Plaza II as it does not fit into our Master Plan vision. Thank you for your time and consideration. Susan Oktay (561) 278-5973 oktays@bellsouth.net 1 1 /l ~120~R Page 1 of 2 Pape, Scott From: Williarrt TyEec [williar~J ty[ec@sbcglobal.net] Sent: Wednesday, October 15, 2008 9:18 AM To: Pape, Scott Subject: defray zoning.doc Let me know if this works bwtter for you Dr.William Tyiec 1 Umberfield Rd. Waterbury, Ct. 06708 203-756-7704 To whom it may concern, This letter pertains to the proposed mixed use development located between East Atlantic Ave. and NE 1st St. and between 6~ Ave. and Veterans Park. I have recently purchased a townhouse in Delray Beach. (72 Se 6~' ave., unit J~) One of the main attractions was the old Florida charm to the downtown. There was an overall town plan to keep new construction to three stories or less. This seemed to make good since. If you change the zoning for every new building, there is no point in having a town plan. I don't wish to sound like the last one in and the first to complain. The overall look and the plans to keep it that way are what attracted me. My wish is that the planning and zoning keep to their original design. Truly, Dr.William Tylec 11 /13/2008 Pape, Scott ~. From: Barbara Jean Walsh (3ar3ara@earthlink.net] Sent; Tuesday, October 14, 2008 11:49 AM To: Pape, Scott Subject: RE: Public Notice #2008-182 Atlantic Plaza II Please put me down on record as one of the people opposed to the proposed variance for Atlantic Plaza. I am a five-year resident of Delray Beach & cannot see any possibly way for this project to benefit my neighborhood. Thank you. Barbara Jean 'Walsh 715 NE 1st Court, Apt. 1B Delray Beach, FL 33483 Tel. 561-276-2873 Pape, Sco#t ~_ From: Barbara Jean Walsh [3ar3ara@earthlink.net] Sent: Tuesday, October 14, 2008 11:45 AM To: Pape, Scott SubJect: RE: Public Notice #2008-182 Atlantic Piaza I1 October 34, 2008 C1T1' OF DEDRAY BEACI~I Planning and Zoning Board 100 I~T.W. lst Avenue Delray Beach, FI,. 33444 FtB: Public Notice #2008 382 Allowing the proposed building height far the Atlantic Plaza project to be 60 feet. T am strongly opposed to this variance. i live one block away, and I have enjoyed the Plaza for 20 years. With some effort from the right people, I believe this plaza can be revitalized and rema~.n the same structure. With a couple of goad restaurants, as we once had, people could again enjoy eating in a beautiful area - far nicer than eating on the sidewalks with pedestrians walking around and over you, and listening to the noise and smelling the fumes from automobiles & motorcycles. Glenna Hogan 715 N~ ~.st Court, Apt. 1D Delray Beach, FL, 33483 1 Nili Brenner 1000 Lowry Street b-D Delray Beach, FL 33483 Sb1-274-80b8 October I5, 2008 City of Delray Planning and zoning Department 100 N. W. 15L Avenue Delray Beach, FL 33444 Re: Atlantic Plaza II Project Residents of Delray Beach appreciate the much heralded and award-winning goad planning of our city. Going forward, it will be important to maintain a balance between an entertainment-origin#ed atmosphere versus the ambience and efficiency of a hometown where residents live and woxk year-round. Whereas we all understand that continued growth and an expanded tourist industry are not only inevitable but can be beneficial if carried out judiciously, very careful consideration must continue to be given to how new ventures will impact the already established community. A vita] component of the harmonization between old and new for residents, businesses and visitors will be an even flow of traffic that allows stress-free use of the newly projected services and entertainment. Citizens will continue to rely upon the sound judgment of their city officials to consider carefully how new growth will make its impact on our current lifestyle. The following are suggestions to insure that residents east of the Intracoastal will be protected froth adverse effects of greatly increased traffic froth the new Atlantic Plaza lI groposal: 1. Reopen Federal Highway to three lanes for better flow of traffic. 2. I)ireet traffic into the new Plaza mainly via Atlantic Court and NE First Street. 3. Since Atlantic Avenue is one of the City's mash arteries, it wsll be very important to keep it unclogged both east and especially directly west of the Intracoastal. Therefore, as bridge openings are already a frustrating source of congestion, I propose that the median at the intersection/entrance to the new plaza be solid to prevent a-left turn far cars heading east. 4. Cars exiting the Plaza at the south end of Seventh Avenue should be restricted to right turn only. (People wsshing to travel east will exit the plaza onto Federal Highway and snake a left turn at Atlantic Avenuej. Thanking you far your consideration of my suggestions, I remain Very truly yours, ~~ ~ ~~u'V Nili Brenner ~ ~ ~ ~ ~ ~ ~~ 1 C: Mayor Rita Ellis ~ ~~ Delray City Chamber of Commerce OC~f Z ~ 20118 ~~ ~ ~ >3oca-Delray News r Palm Beach Post Sun Sentinel V PLA1VNfNG & ZONING ~eCray ,Summit, .inc. 1000 Lowry Street • Delray Beach, Florida 33483 561-278-2050 • Fax 561-278-6560 October 15, 2008 ~~~C~f~M_,C"j City of Delray Beach Planning and Zoning Department OCT 1 7 ~'~~ 100 N. W. ist Avenue --.-__....._ .._~ Defray Beach, f=L 33444 P~~~~~:., ` ~ "`INS fie: DENIAL OF ATLANTIC PLAZA II REQUEST FOR VARIANCE OF BUILDING HEIGHT REQUIREMENT We, the Board of Governors and Owners of The Delray Summit, Inc. 1000 Lowry St. Delray Beach, PETITION the Planning and Zoning Board the following: 1. DENY ATLANTIC PLAZA II THE AUTHORITY TO INCREASE THE BUILDING HEIGHT FROM THE EXISTING REGULATION w~.~~- ~~ ~~ ~ l~ Yours rufy, Delra umm• Inc. Hers ~ ~ ~ ~ 3 ~ \ ~ ~~ ~ ~ ~ ~~ ~ '~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ ~ ~ ~ ~ ~,~~~~~ o ~ ~ ~.~ ~ ~ ~ ~ _~ Q '~~~ ~' ~`~ :~ ~~ ,~ ~ ~ L ~ o_, ~ ~ v .',-~ ~ ~~ * Q~ ~y ~a s ~ ~ ~ ~~ ~ ~~ ~~~ ~ ~~ ~ ~ ~ ~ ..~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~~~ ~~ ~ ~~~ ~ ~ v ~. ~ ~ ~ ~ ~~ ~' o Z a ~~ { ~, ~ ; z f ~~ -- r ~eCray Summit, Inc. 1000 Lowry Street • l7elray Beach, Florida 33A83 569-278-2050 • Fax 5fi1 278-65fi0 October 15, 2008 n~~~~~C~ City of Delray Beach UU Planning and Zoning Department OCT 1 7 ~'?~ ~~ :~ 100 N. W. ist Avenue __..._. _. .._s Delray Beach, FL 3344 Pt_Ar~r.~~-=~: ;~. =° :,~lt~~ Re: DENIAL OF ATLANTIC PLAZA IT REQUEST FOR VARIANCE OF BUILDING HEIGHT REQUIREMENT We, the Board of Governors and Owners of The Delray Summit, Inc. 1000 E.owry St. Delray Beach, PETITION,the Planning and Zoning Board the following: 1. DENY ATLANTIC PLAZA TT THE AUTHORITY TO INCREASE THE BUILDING HEIGHT FROM THE EXISTING REGULATION. Yours ruly, Delra Sum Inc. Hers Q,2(r,~e ~ ~~~-,/ ~C ,..w ~~ li l i' r C~~ C~ f/ ~ c ~--` Qct 16 08 10:29a f_aura ldorman Wef` ~s 212-532-4404 p.1 To All Concerned Parties, October 15, 20x8 We, the undersigned residents of the Delray Summit, located at 1000 Lowry St, Delray Beach, I`I 33483-7043, oppose the current proposal of Atlantic Plaza li, which is slated to be built across the Intracoastal from our building). The basic reason for our opposition is that the current proposal (as specified in Public Notice # 2fl08-'18~) ,which would add X97 residential units along with office space and restaurants, does not align with the "Master Plan" of our city, which is spelled out on the mydelraybeach.com website. The enormous impact on our population and traffic is simply unacceptable, especially in fight of al! the other expansion our city has recently experienced. We oppose the building of Atlantic Plaza !I. 1 Resident si nature: Printed name: Michael Blocker Unit # fiC Resident signature; ~ `~~-'ti`7r~~J Printed name: .aura Norman Unit # 6C ~~~[~ OCT 17 2Q08 To All Concerned Parties, October 15, 2008 We, the undersigned residents of the Delray Summit, located at 1000 Lowry St, Delray Beach, F133483-7043, oppose the current proposal of Atlantic Plaza II, (which is slated to be built across the Intracoastal from our building). The basic reason for our opposition is that the current proposal { as specified in Public Notice # 2008-1.82} ,which would add 197 residential units along with office space and restaurants, does not align with the "Master Plan" of our city, which is spelled out on the mydelraybeach.com website. The enormous impact on our population and traffic is simply unacceptable, especially in light of all the other expansion our city has recently experienced. We oppose the building of Atlantic Plaza II. Resident signature ................Printed name...................Unit # ~ a~ ~~~. ~~~~ D ~~~~ ~~ ocr r ~ Zooa ~'~-~NNI~1~ & z~NlNG 110 332 0866 Schulman Fax: Oct 15 2008 05:~1~~m~ P002/002 Sudj: Please sign and smell back prior to OGt.l9thl Thank you, Sue Oktay Date: 1g115/2ao8 4:13:43 P.M. Eastern Daylight Time From' okta s bellsouth.net To: LWJICY ,webtv;net, RM5JRXR oa Isom, TOmbulowCc~aal.GOm, sachsiwoCa~aal.com, roussos be oath-net, dan544 hotmail.com, plgQsen~,amait.eorr~, liztongo~a.aol.com, m min ow ao , arn, aysterpearlCa~mac.com, di aolo elliman.com, mic aeiblocker(c~mac,cam To Ail Concerned Parties, October 15, 2008 We, the undersigned residents of the Delray Summit, located at 1 D00 Lowry St, Delray beach, FI 33483-7043, oppose the current proposal of Atlantic Plaza ll, (which is slated to be built across the Intracoastal from our building}, The basic reason for our opposition is that the current proposal { as specified in Public Notice # 2008-182} ,which would add 197 residential units along wifh office space and restauran#s, does not align with the "Master Plan" of our city, which is spelled out on the mydelraybeach.com website. The enormous impact on our population and traffic is simply unacceptable, especially in light of all the other expansion our city has recently experienced. We oppose the building of Atlantic Plaza II. r Resident signatures P fed name!'?~~-.~~~~° .~~m~~it # a~ D~~~~~ OCT ~. 7 Z 0~ _~ ~~~lv~l~~ ~ ~®~l~I~ Wedztesday, October 15, 200$ America Online: M.S~.axxi,iaalcow Hugh & Freda Griffiths l Op0 Lawry Street Apt SJ Delray Beach FL 33483 Planning and Zoning Department City of Delray Beach 16 October 200$ Dear Sirs PIISLIC NOTICI', # 2008-182 NOTICE OF CONDITIONAL USE We have been owners of our apartment in the Delray Summit for ten and a half years and in that time have been dismayed at the amount of building that has been carried out. In particular townhouses which have created "Urban Canyons". Currently we look across Veteran's Park to a skyline of palm trees with only one fairly small four story building in Atlantic Plaza to spoil the view. Allowing the new development to go to 6pft, which exceeds the current zoning restrictions, will create a monstrosity which will overshadow everything around it. We appreciate that progression and development cannot be stopped but relaxing zoning restrictions for one development sets a precedent for the future and our lovely "~llage by the Sea" will be destroyed In the current economical climate it seems unwise to start a major development that may stall and leave an eyesore as has happened in other parts of the city. Do we really need more unsold homes and empty business premises. Yours faithfully H & F Griffiths ~~~~~~~ OCR 1 6 2D08 P1,P,NNING & ZONING THE BARCLAY HOUSE 71 S N.E. FIRST COURT DELRAY BEACH, FL. 33483 October 14, 2Q~8 TO: CITY OF DELRAY BEACH Planning and Zoning Board 1D4 N.W. 1b~ Avenue Delray Beach, FL. 33444 Dear board members, The residents afBarclay House are all apposed to changing Section 2.4.2(B}(1)(e)ofthe Land Development Regulations of the City of Delray Beach to allow building heights in excess of forty-eight feet (48'}for Atlantic Plaza II. We feel that in permitting the increase in building height would adversely effect the quaint atmosphere and small fawn feeling of Atlantic Avenue and would interfere with our comfortable living. It would also adversely affect the veterans Park. president Representing: Glenna Hagan, VP Wanda Goadleaf, Sect. Amy Theirs, Treas. and residents: Bette Jenness Janet Ross Marius Sorbella John White Patrick Hogan J, Patton D ~~ ~' ~~ OCT ~ 6 2008 pk~AN~I~NG & ~QIVING Charles J. Omaha 1000 Lowry Street D [~ ~ [~ ~ ~ ~ Delray Beach FL 334$3 e-mail: cjomana~a,cs.com OCT 1 5 2068 October 15, 2008 ~Lp,iVi~llNG & ZOi~ING City of Delray Beach Planning and Zoning Office 100 NW First Avenue Delray Beach, FL Dear SirlMadam: This letter is written after having read my neighbor's {Ms Nili Brenner) letter concerning her suggestions relating to the influence of the proposed Atlantic Plaza II on the traffic situation in the surrounding area. I am totally in accord with Ms. Brenner's observations and suggestions. My concerns relate to the maintaining of Delray's pristine character and atmosphere. I therefore recommend the following: DENY ATLANTIC PLAZA II THE AUTHORITY TO INCREASE THE BUILDING HEIGHT FROM THE EXISTING REGULATION. If we allow such an exception, we would be setting a dangerous precedent which could eventually Lead-to the loss of our city's cherished "village by the sea" characteristic. We, therefore, must also assure that the project's buildings be set back from the street and be fronted with planted greenery. Furthermore, the upper floors must be recessed. Ideally, a project with so much critical mass should not be built on its presently recommended site. Delray has many other sites which would be equally suitable and are not located in an area which could result in an undesirable amount of congestion. The viability of this project should also be considered in terms of today's difficult economic situation, where there seems to be a considerable amount of commercial and residential property that is not rented. Such a project would add to the problem and most likely contribute to a deterioration of Delray's property values. You; c ACT ~ ~ ~OpB p~ANN1N~ ~ ~pNjNG ~~ , ~: ~ -~ ~-~"~`;~ ;cam ~ ~ ~~,~~-~~ ~ ~ (~-- U~-~ ~C-w c c~ ~w~-caw ~ q~~'L-r~-r~~, !~-~ -~ o-~.d . O ~~~~v ~ ~, a- ~ ~ ~ G ~d~e J ~.~ ~ ~ ~ ~-wi- 3 ~ . ~ ~ ~~ ~ ~u-cam"-2 -yam G~~,~~~~~ ~~u~-t-a--P~ , `~'~-'ca-.e aid ~ ~;~ ~ m ~z-e~r bize wee ~ ~, ~-,_ ~ ~ ~~ ~P~ ~~ ~~;ca~tie~~~ , 4 ~ //~e~/ -P L~-~- ~ P,2 G~ its--~ 4~~c-~-e~ ~~~ ~ ~ ~~- ~ ~ ~ ~~ tip{ ~P ~=~~~ ~~~~ ~ ~ ~ ~' ~~ ~~x,~ , ~~~ E<<~~~ r~,~r, ~~s Io/a. ~r~al ~,S RYI fz ~ d~-el f-u~, ~h ~ ~L v~'v ~ s~'p ~~~~ 2S Nons Road Harwich Port, MA 02446 November 1, 2008 Rita Ellis, Mayor City of Delray Beach Planning 8~ Zoning Department 100 N.W. 13~ Avenue Delray Beach, FL 33444 T7ear Ms. Ellis, ~~~ ~~TY COMM~SS~ON cE; _ ~ ~jcl a As a resident of Delray Beach, ~ am very opposed to the proposed Atlantic Plaza Development (#2008-182), which would allow building heights to exceed forty-eight feet. The access to Veteran's Park would be greatly restricted. To have a piece of land so enjoyed and used by people of all ages is unusual. The infants and young children in the two playgrounds, the teenagers playing ball, the young adults' marriage ceremonies in the gazebo, the classes held inside and outside -all would be impacted negatively. The seniors who enjoy the proximity to the Intracoastal where they enjoy seeing and being an the pleasure craft and cruises and attending the popular and crowded concerts, would also be negatively impacted, as these aGtivines would be-much less enjoyable with the additional traffic and limited parl~gg. Underground parking, as proposed; is questionable sv close to the waterway. The "moving" of 7~ Avenue (N:E.) is nonsensical. To change the area from a lovely oasis to a commercial blight is unacceptable. The enormity of the project overpowers and destroys the beauty and serenity of the~area. l hope that your Better jud~ment prevails. There is already an overcrowding of apartments on southeast 5'~ and b Avenues. Preserve Delray Beach. Sincerely, ~! (Mrs. Richard T.) Jean M. O'Keefe ec: Woodie Mcl7iiffie, Vice Mayor Gary Eliopaulos, Deputy Vice Mayor Fred Setzer, Commissioner Mackenson Bernard; Commissioner D ~~~~~~~ 1~OV~0 4 2008 ~'~.i~i~Ni~!G ~ z0~i~~t~ Pape, Scott From; Darling, Paul Sent: Wednesday, October 29, 2008 12:43 PM To: Pape, Scott Subject: FW: Green task force and project at Veterans Park Paul Darling, AICP Director of Planning and Zoning City Of Delray Beach 100 N.W. 1st. Avenue Delray Beach, Florida 33444 561-243-7040 dorlingpc~ci.delray-beach.fi.us -----Original Message------ From: Ezrej carek, Randal Sent: Wednesday, October 29, 2008 12:30 FM To: Harden, David Cc: Hasko, Richard; Dorling, Paul Subject: Fw: Green task force and project at Veterans Park FYI Randal L. ~Crejcarek, P_E., LEED AF City Engineer -----Original Message----- From: N Schneider <nschneider2015~yahoo.com7 Ta: Fetzer, Fred; Eliopoulas, Gary; McDuffie, Woodier Ellis, Rita Sent: Wed Oct 29 12:07:57 2006 Subject: Green task farce and project at Veterans Park Good Morning, Just to give you a brief update, the Task Force is compiling its final recommendations report which will be presented to the Commission in December. We have structured the recommendations to be easy to read, organized by department and includes tools for easy implementation. Costs have been our main concern and has acted as the North marker on our journey to kedp us on track. We believe you will be as excited about the plan as we are. T would also like to mention my concern regarding the large project at Veterans Park which will came before the Commission on Nov. 16. From what I understand, it is about the largest project to ever come to downtown Delray. To my knowledge, there has been no mention of anything seriously sustainable (green) on the project, yet it is projected to take years to build and take up multiple city blocks. Issues include not just Green Building with either LEED or FGBC Certification (which at this point is mandatory in the state of Florida for government buildings (HB 7135)), but also items that may or may not be part of Green Certification like zero water Run off, pervious pavement and surfaces, recycling infrastructure, green roofs, reducing heat island effect, naturescaping (also called Xeriscaping), recycling of building materials during demolition, pollution impact to the Ixatracoastal, design of traffic flow to reduce idling and traffic, equal weighting of alternative transportation (bike racks, pedestrian paths, car sharing) solar, wind. Bower and energy saving. This is not decades away. Governor Crist signed HB 697 on June 17, 2008 which impacts the Florida building codes to include some of the items mentioned above. Please consider the fact that non-green certified buildings are already obsolete. We do not want to be the GMC car company of municipalities still allowing the building cars, but in our case, buildings that will be a big embarrassment to our community in the future, right in the middle of town. Just like GMC and Ford knew 20 years ago how to build the 1 cars that we need and are in demand today, they chose to take the easy way out and dictate to the market what they would supply. Now that has come around to bite them in ..... So T ask the Mayor and the Commissioners to call upon the Task Force and other members of the community that are here for you as a resource and when making your decisions to think about Climate Change that will hit us here first as a coastal community. Also economically, that Belray's downtown continues to be a draw to residents, businesses and visitors with structures that are built to support the environment, act as a showpiece in the center of our community not just some already outdated building, and support the walkability of Betray Beach. Our downtown is in the enviable position of being a walkable community {see www.walkscore.com) which has already been documented as the community of the future that is already drawing people as they leave behind their suburban sprawl. Let's create the buildings that fit into the sustainable equation of the triple bottom line People, the Environment and the Economy. Attached article also of interest: ' http://www.smartgrowth.org/news/newsman .asp?art=6853&state=52Beres=1280 Thank you for your consideration, Nancy Schneider 2 To All Concerned Parties, October 15, 2008 We, the undersigned residents of the Delray Summit, located at 1.000 Lowry St, Delray Beach, Fl 33483w7043, oppose the current proposal of Atlantic Plaza II, {which is slated to be built across the Intracoastal from our building). The basic reason for our opposition is that the current proposal as specified in Public Notice # 2008-182) ,which would add 197 residential units along with office space and restaurants, does not align with the "Master Plan" of our city, which is spelled out on the mydelraybeach.com website. The enormous impact on our population and traff c is simply unacceptable, especially in light of all the other expansion our city has recently experienced. We oppose the building of Atlantic Plaza II. Resident signature ................Printed name ...................Unit # ~. ~. .. ,~ .. _ .. __~....~_ _~s., Z Pape, Scott From: Vaiei<, Denise Sent; Monday, November 17, 20138 12:10 PM To: Pape, Scott Subject: FW: Atlantic Plaza Denise A. Valek Executive Assistant Planning & Zoning Department City of Delray Beach 100 NYC 1st Avenue Delray Beach, FL 33444 Phone: 561-243--7041 Fax: 561-243-7221 valekC~ci.delray-beach.fl.us -----Original Message----- From: David Fieldhouse [mailto:rosoniusa~yahoo.com] Sent: Friday, November 14, 2006 10:33 AM To: PZmailt~MyDelrayBeach.com Subject: Atlantic Plaza Delray Beach City Officials David Fieldhouse 1000 Lowry St., Apt. 7E Delray Beach, FL 33483 (Planning and Zoning, Chamber of Commerce, Community Redevelopment Agency and Downtown Development Agency} 2008 Dear Sir I would like to take this opportunity to address the current proposal of Atlantic Plaza II and•how it does not meet the requirements of our community and is not .aligned with our city`s "master plan". In year's past, the city drafted a master plan to ensure all future development of Delray Beach, East of I--95, would be held to strict standards to ensure it's preservation of charm, quaintness, and uniqueness while maintaixaing traffic calmness. After last month's public hearing an the building height exemption, ( from 48 to 60 feet), I have become painfully aware that this city, the village by the sea", is on track to become like any other city in the U.S.- over populated, lots of high concrete walls and unbearable traffic congestion; this does not align itself to the master plan. November 14, 1 I was dumbfounded to learn that the outcome of last month's public hearing resulted in only one Planning and Zoning member voting to deny the developer`s request for an exemption on tha building height requirement. The town's citizen's spoke and the majority of us gave good reasons for NOT wanting our officials to approve this request, and yet they did. Currently, the developer is asking the city to approve a parking lot loader (which would electrically stack cars), and to also give approval to abandon three right-of-ways to accommodate this development. I do not understand how this project fits into the village by the sea" nor do I understand how the addition of even more condos and business space adds to the livability of the city. The population of the city is already too crowded and the traffic congestion is a~.ready in gridlock. I recently received Public Notice #2006-209, which is a notice of abandonment of several right-of-ways. Here we ga again, our city officials taking from its citizens and giving into big business! I am imploring city officials to consider the negative impact to its citizens and current businesses and not alter N.E. 7th Ave. to accommodate this development. Thank you for your time and consideration of this important matter. Sincerely Concerned, David k'ieldhouse 2 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 20, 2009 SUBJECT: AGENDA ITEM 9.A.1 -REGULAR COMMISSION MEETING OF APRIL 7, 2009 WAIVER REQUESTS/ATLANTIC PLAZA II ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of eight waivers from the following Land Development Regulations associated with the Class V site plan for the Atlantic Plaza II project: 1. LDR [Land Development Regulation] Section 4.4.13(F)(4)(a) through (d), which requires various street frontage setbacks for buildings located in the CBD zoning district. 2. LDR Section 4.3.4(J)(3)(c), which requires that a sloped parapet be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent (50%) of the flat roof area of the building. 3. LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance for a parking facility that contains 51 or more parking spaces. 4. LDR Section 4.6.14(A)(1) and (2), which requires a 20-foot visibility triangle at the intersection of an accessway and a public right-of-way and a 40-foot visibility triangle at the intersection of two public rights-of-way. 5. LDR Section 4.6.9(D)(11), which requires that mechanical parking lifts be single level and staffed with an attendant. 6. LDR Section 6.1.2(C)(3)(a), which requires a minimum pavement width of 24 feet. 7. LDR Section 4.6.9(D)(4)(a), which requires that parallel spaces be a minimum of 8 feet deep and 22 feet in length. 8. LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. BACKGROUND The project area consists of the existing Atlantic Plaza, all of Block 116 of the Town of Delray subdivision (block to the west of the existing Atlantic Plaza) and an abandoned east/west and north/south alley and the NE 7th Avenue right-of-way between Atlantic Avenue and NE 1st Street (8.65 acres total). Block 116 contains five buildings that were constructed between 1962 and 1979. These buildings contain office, multiple family, retail, and auction house uses. The gasoline station previously located at the northeast corner of Atlantic Avenue and NE 6th Avenue has been demolished. At its meeting of March 11, 2009, the Site Plan Review and Appearance Board (SPRAB) approved the Class V site plan application for the Atlantic Plaza II development. The development proposal includes the demolition of the existing structures and construction of a mixed use project that contains 98,765 square feet of retail space, 32,921 square feet of restaurant space, 106,006 square feet of offices, and 197 dwelling units. SPRAB recommended approval to the City Commission of all eight waivers. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Building Setbacks: The following tables indicate those portions of the buildings within the project that do not comply with the building setback requirements of LDR Section 4.4.13(F)(4) as it pertains to the Central Business District (CBD) zone district: Buildings #1 and #3 Road/ Building % Building Required Building ! Height ' Frontage Setback Side ' (min/max) Atlantic Avenue ' Ground I 70% min./90% ' ^^ l0 max. 274.73' Lot NE 6~' Avenue min./90% l0' max. 268.3' Lot Atlantic .Ground 70% min./90% , Court '!Floor to 25'!max. l0 max. Lot Proposed Lot at Frontage 192.31' min./247.25' 0' 187.88' min./241.56' 0' 87' ./316.12' 0' 49.48% 25' to 48' 70% min. L S' min. 245.87' min. ~ 177 42') x 351.25' Lot 48' to60' 90% min. 30' 316.72' min. 47.40% x Frontage (166.5 ) NE 7th Avenue .198.78' ~ ~ ,...V . ~, :.. r ,. ,... , : ~, min./255.58' Ground 70% min./90% l0' max, max. ~), 283.98' Lot '.Floor to 25'!max. Frontage Road/ Building Side Atlantic Avenue 297.98' Lot Frontage IvE 7th Avenue 598.09' Lot Frontage IvE 1st Street 147.84' ~d 70% min./90% l0' max. .min./190.06' 0' to 25' ~~max. 211.18' Lot Frontage Building #6 Road1 % Building Required Lot Compliance with Building Required ['roposed Lot LDR Building ;Height Frontage Setback Frontage at Frontage Requirements? Side ' (min/max) 'Setback Yes I~T~ IvE 6th Avenue Ground 70% min./90% l0' max. '.Floor to 37' max. 268.83' Lot Frontage IvE 1St Street ~d 70% min./90% l0' max. to 25 ~ max. 350.72' Lot 5.54' n./315.64' 0' IvE 7~' 184.85' Avenue .Ground 70% min./90% l0' max. 'min./237.67' 0' x 'Floor to 25' max. 'max. 264.08' Lot 48' to 60' 90% min. 30' min. 237.67' 69.58% Frontage (183.75' ) Interior Street ..Ground 70% min./90% 246.38' 'Floor to 25' Amax. l0 max. min./316.78 0 358.82' Lot 48' to 60' 90% min. 30' min. .316.78' 28.45% Frontage (100.11') x Waivers have been requested for these portions of the buildings that do not comply with the setback requirements . The applicant has submitted the following narrative in support of the waivers: "...The waiver shall not adversel~ffect the neighboring area. The granting of the waivers will not adversely affect the neighborhood. Granting of the waivers will permit the consolidation of areas within the mixed use development that can be utilized for the creation of quality pedestrian friendly areas, sidewalk cafes, open space/ activity nodes, and permit the creation of a pedestrian friendly streetscape that will contribute to the quality of life for the citizens utilizing the project as well as the future residents of the Atlantic Plaza project and the surrounding residents. The waiver shall not significantly diminish the provision of public facilities. Out dated utilities will be updated and upgraded to service the proposed project as well as provide more efficient service for the surrounding neighborhood. Storm water facilities will be designed and installed to insure that no flooding occurs during storm conditions. The waiver shall not create an unsafe situation. The resulting street configuration will serve to protect the city grid system and aid in the calming of local traffic within the area, while discouraging "cut-through" traffic to the surrounding neighborhood. The street grid will be preserved and access to the area will be improved and controlled through the inclusion and improvement of turn lanes, traffic signals, and traffic calming methods within the project. The positioning of the buildings as related to the street will create "safety corridors" that will enable law enforcement to clearly observe large areas within the project which will contribute to the level of safety for all users of the Atlantic Plaza neighborhood. The waiver does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other propertyfor another applicant or owner. No special privilege will result from the granting of this waiver. The purpose of the waiver is to permit the streetscape to be designed in a pedestrian friendly manner that could be introduced into any number of development projects within the city. Therefore, positive findings with respect to LDR Section 2.4.7(B)(5) Waiver Findings, can be made and the request for the above waivers can be approved. This project meets or exceeds the requirements of LDR Section 2.4.7(B)(5) for this waiver request. By granting this waiver, a superior product will be achieved... " Waiver Analysis: As noted in the preceding tables, there are 16 instances where the proposed development does not comply with LDR Sections 4.4.13(F)(4)(b), (c), and (d) [street frontage setbacks]. In 11 of these cases the buildings actually exceed the maximum setback (10 feet) for the lower building levels by up to 10 feet. In the remaining 5 instances the setback encroachments are located along the interior private streets (Atlantic Court and NE 7th Avenue) and are on the upper levels of the buildings. The purpose of the street frontage setback requirements is to foster a neo-traditional urban design with buildings fronting the street to create a pedestrian friendly streetscape. The proposed deviations from these requirements will not significantly affect the goal of providing a pedestrian friendly atmosphere and will provide greater design flexibility with respect to wider sidewalks to accommodate the vision of restaurants with sidewalk cafes. The City Commission has supported similar waivers to these street frontage setback regulations. The proposed encroachment on the upper levels of buildings #3, #4, and #6 will not have an adverse affect on neighboring area, diminish public facilities, or create an unsafe situation since they are not at the ground floor area and are located at the interior of the project. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Automated Parking System: Pursuant to LDR Section 4.6.9(D)(11), mechanical parking lifts are allowed within the City. However, the proposed system does not comply with all of the City's requirements for mechanical parking lifts. Currently, the City allows only single level mechanical lifts, which must be operated by an attendant. The proposed system is multiple levels and will be a self-serve operation. The City's current requirements for mechanical parking facilities were crafted for a different type of system and do not anticipate the proposed automated parking system. The applicant has submitted a waiver request from the relevant mechanical parking requirements. The applicant has submitted the following verbatim narrative in support of the waivers: "...In addition, The Downtown Delray Beach Master Plan ("Plan ") supports this waiver as it states it is critical to deal with the parking that today is eating up the fabric. The Plan says "Land is not cheap, and commercial land prices in Delray Beach keep rising. In cities like Delray, a large surface parking lot does not make economic sense (both for the private and public sector) -the land is much more valuable as building area. While sufficient parking is necessary, it is important that unnecessarily large parking lots are avoided. Large parking lots are not pedestrian oriented.Pedestrians are constantly "sharing" the car's environment. They are unsafe. " This project embraces advances made in fully automated mechanized parking systems. These automated systems have been utilized in Europe and other parts of the world for over fifty years, and currently many of these new systems have been installed or are under construction throughout the United States. This system is entirely contained within the underground parking garage and mainly supports the residential component, leaving the balance of the traditional parking within the garage to support the (office, retail/restaurant) commercial component. The following narrative describes the operational features of the proposed parking system: Upon traversing the parking garage, one arrives at one of the two garage transfer stations ("GTS ") containing 3 transfer areas each. These secured transfer areas resemble that of a traditional residential garage. The garage door is activated by the driver, and the automobile is driven into the garage onto its palette. The driver exits the vehicle and engages the automated parking procedure, either by fob, fingerprint, card or digital entry code, then leaves the garage en-route to the passenger elevators. Upon activating the automated parking procedure, the vehicle is scanned for size. Once the passenger exits the GTS, the vehicle on its palette is rotated 180 degrees, the rear garage door opens allowing the robotic arm or rail crane to exchange an empty palette with the rotated palette and vehicle, closing the rear door and delivering the loaded palette to its nested location. The rear door will not open if the vehicle is still running. The parking system provides for limited experience based artificial intelligence, locating lesser used vehicles further from the GTS. The parking racks are sized by a mix of heights allowing for differing vehicles, all rack spaces are the same width. Each residential parking component is comprised of three transfer areas with two robotic arms or rail cranes for redundancy purposes and are connected to the buildings generator. The system is capable of 60-70 operations per hour at each T.A. [sic, Transfer Area] Vehicle retrieval can be activated from within the dwelling unit or prior to entering the GTS. The residential units will contain a management system for lighting, environmental (a/c), and communications (phone, cable, satellite, computer, etc.). Included within this system is a provision for vehicular retrieval. After activating the parking system from the unit, the parking system will start the delivery sequence only after the elevator on the appropriate floor has been called and activated for the parking garage level. These parking systems compress the areas required for providing parking and provide for better security for the vehicle owner, the vehicles themselves and their contents. The palettes prevent liquids or debris from falling on the vehicles or floor below, keeping contaminants and other waste products in a manageable environmentally friendly circumstance... " Waiver Analysis: As noted previously, the City's current mechanical parking lift requirements were designed for a different parking system. The primary differences are the proposed system is multiple level and is operated by keypad, which does not need an attendant. The City's Parking Management Specialist has reviewed the proposed automated parking system and found that sufficient stacking is provided for the system to operate efficiently. The waiver would not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of-way and the first parking space or aisleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance for the southern garage entrance of building #6 (Atlantic Court) is 36 feet 9 1/2 inches, and 19 feet 10 inches for the eastern garage entrance along NE 7th Avenue. The applicant has submitted a waiver request for the stacking distance. The applicant has submitted the following verbatim narrative in support of the waivers: "...Fifty feet (50') of stacking distance is not a realistic requirement in an urban area. The granting of such a waiver is consistent with the neighboring area and other projects in the downtown area that have obtained a waiver to the stacking distance, including but not limited to Atlantic Shores, Miraflores and The Mark. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since the parking spaces of only two (2) townhouses are located within one of the required stacking distances. In addition, if the stacking distance was measured to the edge of the curb, a reduction from 50' to 29'-10" for the east entrance would only be required, only affecting one (1) of the townhouse parking spaces. Due to the location of the project in an urban area, and the fact that there are multiple points of access to the parking garages, the waiver to reduce the stacking distance should be supported. Similar circumstances on other properties would lead to the same conclusion and in fact, as mentioned, similar waivers have been granted... " Waiver Analysis: The development has three points of access to the 843 space sub-grade parking area, which reduces the stacking impact on the two driveways within building #6. The City has approved reductions to the stacking distance when a parking facility contains multiple points of access. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Visibility at Intersections: Per LDR Section 4.6.14(A)(1) and (2), the required sight visibility triangles are 20 feet at the intersection of the accessway and the public right-of-way and 40 feet at the intersection of two or more public rights-of-way. The proposed buildings encroach into the visibility triangles as noted by the large and small arrows in the attached map. The remaining intersections that are not marked by arrows comply with the required sight visibility triangles. The applicant has submitted a waiver request from the sight visibility triangles. The applicant has submitted the following verbatim narrative in support of the waivers: "...Due to the nature of urban infill projects, waivers from sight visibility triangle requirements are often granted. Safety is not compromised because if measured from the travel way or thoroughfare and not the property line, the site visibility requirements are more than satisfied as is evident in the attached STAP. Moreover, the speed at which traffic travels on these urban streets is significantly slower than other areas. Similar waivers have been approved for other projects in the area, including but not limited to Atlantic Shores, Old Palm Grove, 5th Avenue at Delray, Pineapple Grove Village, Hamilton Place, Renaissance Village, Ocean City Lofts and Porta Al Mare. Similar circumstances on other properties would lead to the same conclusion and once again, have been granted... " Waiver Analysis: The proposed sight visibility encroachments are insignificant consisting of up to approximately 6 feet into a 40-foot visibility triangle and 20-foot visibility triangle. Given the minor decreases to the visibility triangles, lower internal traffic speeds, and one-way road (NE 6th Avenue) there will be no adverse impact on public safety. Accordingly, positive findings can be made with respect to LDR Section 2.4.7 (B)(5), Waiver Findings. Sloped Parapets: Per LDR Section 4.3.4(J)(3)(c), sloped parapet features shall be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, and project no more than 12 feet into the flat roof area of the building. Buildings #1, #2, #3, and #6 contain sloped parapets. In combination, the sloped parapets on these three buildings exceed 6 feet in height (7 feet 2 3/4 inches maximum proposed), project more than 2 feet beyond the face of the building (3.5 feet maximum proposed), and project further than 12 feet into the flat roof area of the buildings (16 feet 4 inches maximum proposed). The applicant has requested waivers for those portions of the buildings that do not comply with the sloped parapet requirements. The applicant has submitted the following verbatim narrative in support of the waivers: "...The increase in height above the main roof slab is the minimum height necessary to properly screen the roof mounted equipment. The projecting portion of the sloped parapet beyond the face of the building has been designed as a roof eave. LDR Section 4.413(F)(8)(c) allows roof eaves to project a maximum of 4 feet and the slope parapet looks and feels like a sloped roof, meeting the intent of the LDRs. Greater roof overhangs are preferred for protection from the sun and for protection from moisture damage... " Waiver Analysis: The building elevations indicate that the increased sloped parapet height will screen the rooftop air conditioning equipment at a 90-degree angle. Thus, the waiver would allow the sloped parapet to screen this mechanical equipment and avoid an alternate screening method for each individual fixture. Further, the increased eave is an aesthetic improvement that will improve the proportionality of the sloped parapet and height of the buildings over what would otherwise be allowed if these buildings had hip or sloped roofs. The sloped parapets will not have an adverse affect on neighboring area, diminish public facilities, or create an unsafe situation. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Paving Width: Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for local street is 24 feet. The proposed width of Atlantic Court and NE 7th Avenue is 22 feet. The applicant has submitted a waiver request from the minimum pavement requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...A road width of 22' is preferred in an urban area and the granting of such a waiver would be consistent with the neighboring area and other projects that have requested a waiver to the road width. A cross-section of NE 7th Avenue is attached as Exhibit "A". The narrower road will also require vehicles to travel at lesser speeds, which actually creates a safer environment and creates a better pedestrian friendly streetscape and retail environment. A narrower also street creates a friendlier streetscape and more public space while allowing for more landscaping and wider sidewalks. In addition, City Engineering Detail RT 1.3 indicates that the paving width should be 22' for a typical 50'R/4V with Parallel Parking. This is the width we are proposing for NE 7th Avenue. This detail is attached as Exhibit "B ". Similar waivers have been granted, including, but not limited to, Hibiscus Lane, Highland Grove, Heritage Club, Old Palm Grove and Bexley Park... " Waiver Analysis: The development proposal provides a 22-foot wide street with 2 feet of valley curb and gutter on both sides of the pavement. Pursuant to LDR Section 6.1.2(C), upon the recommendation of the City Engineer, and with the approval of the Fire Marshal, the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the requirements of this subsection would not be feasible or would constitute a hardship in a particular instance and provided this reduction would not endanger public safety and welfare. The City Engineer has reviewed the request to reduce the pavement width from 24 feet to 22 feet and is in support of the reduction. The reduced pavement width will provide for 22 feet of pervious surface which is bordered by a 2-foot valley curb on each side. While the city standard does not provide for the reduced pavement width when using a valley curb, this is an acceptable standard for many other municipalities and Palm Beach County. The Fire Marshal is in support of the request. This proposed reduction will not affect the neighboring area and will provide sufficient area for access and is adequate for public facilities. The City has approved similar reductions elsewhere in the City. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Parallel Parking: Per LDR Section 4.6.9(D)(4)(a), parallel parking spaces shall be 8 feet in width and 22 feet in length. The proposed end parallel parking spaces are 8 feet in width and 20 feet in length. The applicant has submitted a waiver request from the parallel parking space requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The reduction in the length of the end parallel parking spaces is to allow for increased landscaped islands. The larger islands will allow for more variation and a greater type of landscaping material to be planted in them. The additional landscaping will create a superior project. In addition, a 45 degree tapered landscape island still provides the additional space required for maneuvering the vehicle into the parallel parking space, thus meeting the intent of the LDRs... " Waiver Analysis: The City's Parking Management Specialist has reviewed the proposed waiver and supports the reduction in the length of the end parking spaces provided the landscape islands are tapered to allow for easy access and egress from these parking spaces. Further, the taper allows for a larger landscape island and improves vehicles entering and exiting these end spaces. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. Window Area: Per LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides between 34.13% and 50.14% transparency for the non-residential and mixed use buildings. The applicant has submitted a waiver request from the minimum transparency requirement. The applicant has submitted the following verbatim narrative in support of the waivers: "...The percentage of glass surface area requested is more consistent with the massing and proportion of the design of the building(s). Also, part of the increase of the building solid wall area is to allocate a proper space for tenant wall signs which is a critical component for the retail component of the project. Tall ceiling height has been provided on the ground floor areas; this feature is also another key element for the survivability of the retail components of the project. Based on this ceiling height, the resulting glass surface area required is excessively disproportionate to the overall building frontage. In any event, the glass surface/transparency provided is more than sufficient to meet the intent of the LDRs, which is to maintain a pedestrian friendly retail environment... " Waiver Analysis: The purpose of this requirement is to ensure that the relationship between the pedestrian and the businesses along the street is maintained. While the proposed development does not provide the minimum transparency as required, it does appear that sufficient window area has been provided to ensure that pedestrians will not notice the reduction and that "window shopping" will be maintained. It is noted that the City has approved similar waivers such as the 5th Avenue at Delray project. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. RECOMMENDATION By separate motion: 1. Approve the waiver to LDR Section 4.4.13(F)(4)(a) through (d), which requires various street frontage setbacks for buildings located in the CBD zoning district based on positive findings with LDR Section 2.4.7(B)(5). 2. Approve the waiver to LDR Section 4.3.4(J)(3)(c), which requires that a sloped parapet be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, and project no more than 12 feet into the flat roof area of the building based on positive findings with LDR Section 2.4.7(B)(5) 3. Approve the waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires a 50-foot stacking distance for a parking facility that contains 51 or more parking spaces based on positive findings with LDR Section 2.4.7(B)(5). 4. Approve the waiver to LDR Section 4.6.14(A)(1) and (2), which requires a 20-foot visibility triangle at the intersection of an accessway and a public right-of-way and a 40-foot visibility triangle at the intersection of two public rights-of-way based on positive findings with LDR Section 2.4.7(B)(5). 5. Approve the waiver to LDR Section 4.6.9(D)(11), which requires that mechanical parking lifts be single level and staffed with an attendant based on positive findings with LDR Section 2.4.7(B)(5). 6. Approve the waiver to LDR Section 6.1.2(C)(3)(a), which requires a minimum pavement width of 24 feet based on positive findings with LDR Section 2.4.7(B)(5). 7. Approve the waiver to LDR Section 4.6.9(D)(4)(a), which requires that parallel spaces be a minimum of 8 feet deep and 22 feet in length based on positive findings with LDR Section 2.4.7(B)(5). 8. Approve the waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation based on positive findings with LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR ATLANTIC PLAZA II ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding the Atlantic Plaza II Project have come before the City Commission on April 7, 2009. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for the Project. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 4.3.4(J)(3)(c), sloped parapet features shall be no more than 6 feet in height, project no more than 2 feet beyond the face of the building, project no more than 12 feet into the flat roof area of the building nor cover more than fifty percent of the flat roof area of the building. Buildings #1, #2, #3, and #6 contain sloped parapets. In combination, the sloped parapets on these three buildings exceed 6 feet in height (7 feet 2 3/4 inches maximum proposed), project more than 2 feet beyond the face of the building (3.5 feet maximum proposed), and project further than 12 feet into the flat roof area of the buildings (16 feet 4 inches maximum proposed). The applicant has requested waivers from those portions of the buildings that do not comply with the sloped parapet requirements. Pursuant to LDR Section 4.4.13(F)(4)(a)-(d) the following tables indicate that the proposed buildings comply with the required various street frontage setbacks, except for those portions of the buildings as noted in the furthest column to the right: Waivers necessary for those portions of the buildings that do not comply with the setback requirements have been requested. Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of- way and the first parking space or aisleway in a parking lot that contains 51 or more parking spaces is 50 feet. The proposed stacking distance for the southern garage entrance of building #6 (Atlantic Court) is 36 feet 9 1/2 inches, and 19 feet 10 inches for the eastern garage entrance along NE 7th Avenue. The applicant has submitted a waiver request from the stacking distance. Pursuant to LDR Section 4.6.9(D)(4)(a), parallel parking spaces shall be 8 feet in width and 22 feet in length. The proposed end parallel parking spaces are 8 feet in width and 20 feet in length. The applicant has submitted a waiver request from the parallel parking space requirement. 1 Buildings #1 and #3 Required Compliance with Road/ % Building Lot Proposed LDR Building Building Frontage Required Frontage Lot Requirements? Side Height (min/max) Setback at Frontage Setback Yes No 70% 192.31' Atlantic Ground min./90% 10' max. min./247. 0' Avenue Floor to max. 25' max. ' 37 Remaining ' 27.48' ' 274.73 length 15 min. min. 274.73 Lot Frontage 37' to 192 31' 48' 70% min. 15' min. . min 100% . 70% 187.88' Ground min./90% 10' max. min./241. 0' NE 6t~~ Floor to max. 56' max. Avenue 37' Remaining 15' min 26'83 260 82' length . min. . 268.3' Lot 37' to 187 92' Frontage 48' 70% min. 15' min. . min. 100% 48' to g0% 30' min. 241.61' 100% 60' min. 70% 245.87' Ground min./90% 10' max. min./316. 0' Atlantic C Floor to max. 12' max. ourt 25' Remaining ' 35.12' ' 351 25' len th 15 min. min. 80.25 . Lot 25' to 70% min 15' min 245.87' 49.48% Fronta e 48' . . min. 177.42' g ' ' 48 to 90% min. 30' 316.72 47.40% 60' min. 166.5' 70% 198.78' h Ground min./90% 10' max. min./255. 0' NE T Floor to max. 58' max. Avenue 25' Remaining ' 35.12' ' 283 98' len th 15 min. min. 80.25 . 25' to 198 79' 98 5% Lot 70% min. 15' min. . . Fronta e 48' min. 4.41' g ' ' 48 to g0% min. 30' 255.58 100% 60' min. Buildings #2, #4, and #5 Required Compliance with Road/ % Building Lot Proposed LDR Building Building Frontage Required Frontage Lot Requirements? Side Height (min/max) Setback at Frontage Setback Yes No 70% 208.58' Atlantic Ground min./90% 10' max. min./268. 0' Avenue Floor to max. 18' max. ' 37 Remaining ' 29.79' 297.98 length 15 min. min. 297'98 Lot Frontage 37' to 208 58' 70% min. 15' min. . 100% 48' min. 70% 418.66' t'~ Ground min./90% 10' max. min./538. 0" NE 7 Floor to max. 28' max. Avenue 25' Remaining ' 59.80' ' len th g 15 min. min 540.39 598 09' . . Lot 37' to 70% min. 15' min. 418.66' 98.3% Frontage 48' min. 587.39' 48' to g0% min. 30' min. 538.28' 73.53% 60' 439.72' N E 1st 70% 147.84' Street Ground min./90% 10' max. min./190. 0' Floor to max. 06' max. 211.18' 25' Remaining 15' min 21.11' 18' 211 L t len th . min. . o Frontage 25' to ' Pursuant to LDR Section 4.4.13 F 4 e 1 , u er level setbacks do not a 1 to 3-sto ~~~ ~~ ~~~ PP PP y rY 48 townhomes. Building #6 Required Compliance with Road/ % Building Lot Proposed LDR Building Building Frontage Required Frontage Lot Requirements? Side Height (min/max) Setback at Frontage Setback Yes No 70% 188.18' Ground min./90% 10' max. min./241. 0' NE 6t~~ Floor to max. 94' max. Avenue 37' Remaining ' 26.83' ' len th g 15 min. min. 231.49 268 83' . Lot 37' to 70% min 15' min 188.18' 100% Frontage 4g' . . min. (268.83') to 90% min 30' min 241 95' 1 60' . . . 268 83' ( ) 70% 245.54' 5t Ground min./90% 10' max. min./315. 0' NE 1 Floor to max. 64' max. Street 25' Remaining ' 35.07' ' len th g 15 min. min 350.72 350 72' . . Lot 25' to 70% min. 15' min. 245.50' 100% Frontage 48' min. 48' to g0% min. 30' min. 315.65' 100% 60' 70% 184.85' t'~ Ground min./90% 10' max. min./237. 0' NE 7 A Floor to max. 67' max. venue 25' Remaining ' 26.40' ' 264 08' len th 15 min. min. 183.75 . Lot 25' to 70% min. 15' min. 184.86' 100% Fronta e 48, min. g 48' to g0% min 30' min 237 67' 69.58% 60' . . . 183.75' 70% 246.38' Ground min./90% 10' max. min./316. 0' Interior S Floor to max. 78' max treet 25' Remaining ' 35.19' ' 358 82' len th 15 min. min. 54.75 . Lot 25' to 70% min. 15' min. 246.38' 100% Fronta e 48, min. g ' 48 to 90% min. 30' min. 316.78' 28.45% 60' 100.11' Pursuant to LDR Section 4.6.9(D)(11), mechanical parking lifts are allowed within the City. However, the proposed system does not comply with all of the City's requirements for mechanical parking lifts. Currently, the City allows only single level mechanical lifts, which must be operated by an attendant. The proposed system is multiple levels and will be a self-serve operation. The City's current requirements for mechanical parking facilities were crafted for a different type of system and do not anticipate the proposed 4 automated parking system. The applicant has submitted a waiver request from the applicable mechanical parking requirements. Pursuant to LDR Section 4.6.14(A)(1) and (2), the required sight visibility triangles are 20 feet at the intersection of the accessway and the public right-of-way and 40 feet at the intersection of two or more public rights-of-way. The proposed buildings encroach into the visibility triangles as noted by the large and small arrows in the map below. The remaining intersections that are not marked by arrows comply with the required sight visibility triangles. The applicant has submitted a waiver request from the sight visibility triangles Pursuant to LDR Section 4.6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor wall area of all non-residential and mixed-use buildings shall be a minimum of 75% of the wall area for that elevation. The proposed development provides between 34.13% and 50.14% transparency for the non- residential and mixed use buildings. The applicant has submitted a waiver request from the minimum transparency requirement. Pursuant to LDR Section 6.1.2(C)(3)(a), the minimum paving width for local street is 24 feet. The proposed width of Atlantic Court and NE 7th Avenue is 22 feet. The applicant has submitted a waiver request from the minimum pavement requirement. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: 5 (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. Would a waiver to Section 4.3.4(J)(3)(c) to modify the sloped parapet features, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.4.13(F)(4)(a)-(d) regarding street frontage setbacks, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.6.9(D)(3)(c)(1), regarding the minimum distance between right-of-way and the first parking space, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.6.9(D)(4)(a) regarding the size of a parallel parking space, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.6.9(D)(11) regarding mechanical parking lifts, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.6.14(A)(1) and (2) regarding sight visibility triangles, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No Would a waiver to Section 4.6.18(B)(14)(iv)(2) regarding the minimum transparency or glass surface on the ground floor wall area, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No 6 Would a waiver to Section 6.1.2(C)(3)(a) regarding minimum paving width, as set forth in the Planning and Zoning staff report, comply with the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 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 or denies the waiver requests as follows: LDR Section Approve Deny 4.3.4.(J)(3)(c) (modification to sloped parapet) 4.4.13.(F)(4)(a)-(d) (street frontage setback) 4.6.9(D)(3)(c)(1) (distance between ROW and parking) 4.6.9(D)(4)(a) (size of parallel parking space) 4.6.9(D)(11) (mechanical parking lifts) 4.6.14(A)(1) and (2) (sight visibility triangle) 4.6.18(B)(14)(iv)(2) (glass surface on first floor) 6.1.2(C)(3)(a) (minimum paving width) 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of April, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 7 i ~Ve~~~ esign ss®ciates, !>~~. Urban Planning + Landscape Architecture V_ia Hand-Delivery January 13, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re; Building Setback Wainer Request Dear Mr. Dorling, This letter is a waiver request pursuant to Section 2.4.7(6)(2) of the Delray Beach Land Development Regulations ("LDRs"). Please accept this letter as a formal request involving the granting of relief from the following LDR Sections: - LDR Section 4.4.13(F}(4)(b}(1) -Building Frontage Setbacks - LDR Section 4.4.13(F}(4)(c)(1} -Building Frontage Setbacks - LDR Section 4.4.13(1=}(4)(c)(2) -Building Frontage Setbacks - LDR Section 4.4.i3(F)(4)(d)(1) -Building Frontage Setbacks LDR Section 2.4.7(6)(5) requires that the governing body make positive findings to support the granting of a waiver based on the following: (A} The waiver shall not adversely affect the neighboring area; (B) The waiver shall not significantly diminish the provision of public facilities; (C) The waiver shall not create an unsafe situation; and, (D) The waiver does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor 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. Thus, this waiver request should be approved. Positive" findings with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made as follow: 2295 NW Corporate Blvd + Suite 21 3 • Boca Raton, Florida 33431 Main 561.910.0330 + Fax 561 .549.9000 + Landscape Architecture # LC 2600p287 www.covellidesign.com The waiver shall not adversely affect the neighboring area. The granting of the waivers will not adversely affect the neighborhood. Granting of the waivers will permit the consolidation of areas within the mixed use development that can be utilized for the creation of quality pedestrian friendly areas, sidewalk cafes, open space) activity nodes, and permit the creation of a pedestrian friendly streetscape that will contribute to the quality of life for the citizens utilizing the project as well as the future residents of the Atlantic Plaza project and the surrounding residents. The waiver shall not significantly diminish the provision of public facilities. Out dated utilities will be updated and upgraded to service the proposed project as well as provide more efficient service for the surrounding neighborhood. Storm water . facilities will be designed and installed to insure that no flooding occurs during storm conditions. The waiver shall not create an unsafe situation. The resulting street configuration will serve to protect the city grid system and aid in the calming of local traffic within the area, while discouraging "cut-through" traffic to the surrounding neighborhood. The street grid will be preserved and access to the area will be improved -and controlled through the inclusion and improvement of turn lanes, traffic signals, and traffic calming methods within the project. The positioning of the buildings as related to the street will create "safety corridors" that will enable law enforcement to clearly observe large areas within the project which will contribute to the level of safety for all users of the Atlantic Plaza neighborhood. The waiver does not result in fhe granting of a special privileAe~ in.thaf the same waiver would be granted under similar circumstances on other property for another a licanf or owner. No special privilege wi[I result from the granting of this waiver. The purpose of the waiver is to permit the streetscape to be designed in a pedestrian friendly manner that could be introduced into any number of development projects within the city, Therefore, positive findings with respect to LDR Section 2,4.7(8)(5) Waiver Findings, can be made and the request for the above waivers can be approved. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. By granting this waiver, a superior product will be achieved. Pleas feel free to call if you have any questions. ~i~n ly, Covell Desfg `~ciat~~~ Inc. AICP WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, 1=L 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankofF@zonelaw.com MICHAEL S. WEINER CAROLEJ.ARONSON JASON S. MANKOFF January 13, 2009 Mr: Paul Dorling Director of Planning and,Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Slope Parapet Waiver Request Our File No.: CDRA006 Dear Paul: KERRY D. SAFIER STEPHEN B. GEBELOFF Via Hand-Delivery ~ ~ _~ ~ ~Tl~..~~~ ;m~1 _ ~ JAi~ ~ 3 2i109 ~ ~. F'LI~NI~I~ICG ~~ ~C.~i~~f~l~:, This letter is a waiver request pursuant to Section 2.4.7{B}(2) of the Delray Beach Land Development Regulations ("LDRs") involving the granting of relief-from LDR Section 4.3.4{J)(3)(c) to allow the slope parapet to be of sufficient height #o screen roof mounted equipment, but not to exceed 8'-0" in height above the main roof slab, to project a maximum of 4'-0" beyond the face of the building and to project a maximum of 16'-4" into the flat area of the building. To support a waiver, LDR Section 2.4.7(6}{5) requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; {B) Shall not significantly diminish the provision of public facilities; {C) Shall not create an unsafe situation; and, {D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. ~ By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision ~of public facilities, create an unsafe situation andlor result in the grant of a special privilege in that the same waiver would be granted under similar circumstances O:ICDRA0911WaiverslLetter to Dorlirlg re slope parapet. Jan 73. 2009.dac .,January 13, 2009 Page 2 of 2 on other property for another applicant or owner. Thus, this waiver request should be approved. The increase in height above the main roof slab is the minimum height necessary to properly screen the roaf mounted equipment. The projecting portion of the sloped parapet beyond the face of the building has been designed as a roof eave. LDR Section 4.4.13(F)(8)(c) allows roof eaves to project a maximum of 4 feet and the slope parapet looks and feels like a sloped roof, meeting the intent of the LDRs. Greater roof overhangs are preferred for protection from the sun and for protection from moisture damage. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5} Waiver Findings, can be made.: Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very truly yours, Jason S. Mankoff JSM:aIv O:ICDRA0191wai~erslLetter to Doriing re slope parapet. Jar3 13. 2009.doc 1NEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 1St Avenue Delray Beach, FL 33444 Telephone: (561 } 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLS J. ARONSON JASON S, MANKOFF January 13, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Stacking Distance Waiver Request Our File No.: CDRA006 Dear Paul: KERRY ©. SAFIER STEPHEN B. GEBELOFF Via Hand-De[ivery .JAN 1 ~ 2009 ~ ...............r., _ _....~.~.~ FLAi~lioill~c.a ~ ~~3i~iI~IC This letter is a waiver request pursuant to Section 2.4.7(6)(2) of the Delray Beach Land Development Regulations {"LDRs") involving the granting of relief from I~DR Section 4.6.9{D}{3}(c)(1} to reduce the stacking distance from 50' to 19'-10" for the drwueway to the east entrance of Building VI and to reduce the stacking distance from 50 felt to 36'-9 ~/z " on the south entrance of Building VI. ' ~ To support a waiter, LDR Section 2.4.7(6)(5} requires that the governing body make a finding that granting a 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) Daes 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. This project meets or exceeds the requirements of LDR Section 2.4.7(8)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely afifect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlar result in the-grant of a special privilege in that the same waiver would be granted under similar circumstances O:ICDRA0111Wai~ersl[_etter to Dorling re stacking waiver- Jan 13. 2f309.doc January 13, 2009 Page 2 of 2 on other property for another applicant or owner. Thus, this waiver request should be approved. . Fifty feet {50') of stacking distance is not a realistic requirement in an urban area. The granting of such a waiver is consistent with the neighboring area and other projects in the downtown area that have obtained a waiver to the stacking distance, including but not limited to Atlantic Shores, Miraflores and The Mark. Similarly, the stacking provided is clearly adequate for vehicles to enter the site without obstructing the flow of traffic, especially since the parking spaces of only two (2) townhouses are located within one of the required stacking distances. In addition, if the stacking distance was measured to the edge of the curb, a reduction from 50' to 29'-10" for the east entrance would only be required, only affecting one (1) of the townhouse parking spaces. Due to the location of the project in an urban area, and the fact that there are multiple points of access to the parking garages, the waiver to reduce the stacking distance should be supported. Similar circumstances on other properties would Lead to the same conclusion and in fact, as mentioned, similar waivers have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very truly yours, ~r E--~ _. ~' JSM:aIv ~°"~ O:ICDRAd111WaiverslLetter to Dorling re stacking waiver- Jan 93. 2009.doc Vander Ploeg and Associates, Inc. architects and planners 155 east Boca talon road X561) 368-1403 boca talon, Florida 33432 fax 561 750-8051 { ) ATLANTIC PLAZA II ~~• ~a T15LAB RAMP _ TOP= 9.00 ngvd -_ _ ~ ~- - -= , 0 ...... _... ,-___ 2~' "~' ~~ 9' 8'-3.. ~~ ~'-10' 3 0 TRANSFOR ' o m VAULT - ,~ I - w~ -i ~ ~.~r ~_ :i ~ ~ ~ i ~- -.... ~ ~.; - _____. ~ } _ I ,~, ~ ~ .. _.. ~ _~. `_I ~ I . N ~ ; i ~ ,l"" / /Fe /~•_, ._ ,, ,, _ _ ATLANTIC . ~_ COURT it ,: -~ ~ ~ ' . ~~ ~ '~~ _ . :: SOUTH ENTRANCE BUILDING VI -PARTIAL PLAN STACKING DISTANCE WAIVER EXHIBIT I of 1 SCALE: 1116" - I'-0"~ JAN 12, 2009 -_ , , n7 IIII I _ J _ ~/ J ' ~~ ~ - li ,3 _ -- 111=NTARE=A WELL . TOP OF WALL = --= ~' ~ YP. U.O.N - ~~ l i 2d' ~ ~ , -_ ~ ,, // I .... 1 j . ~rJ J E _ , ~ , ~ _ ~. _ ~ l ' " ' ~ ^ I i9 Ifd ~ z (waiver requ~: tfirdm' d~~f~ ki ~ C~ t ,' ~ ng req~l mc rr stac ~" __ ~ . ~ : a m' B ENTRY ~ ~~ J 0 ngvd ~ _ - ~' = ~ ~. ... ~ . ~' ~/ / ,_. i ~ ,... EAST ENTRANCE WEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, FL 33444 Telephone: (561 } 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MICHAEL S. WEINER CAROLS J. ARONSON JASON S. MANKOFF January 13, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Visibility at Intersections Waiver Request Our File No.: CDRA006 Dear Paul: KERRY D. SAFlER STEPHEN B. GEBELOFF Via Hand-Delivery D ~~- ~~ ,.~~~.. c y~; . ~.. ,JAN ~...3 Zi)~~~_.~1 ~,, Ii _ ' r f.d fl This letter is a waiver request pursuant to Section 2.4.7(6)(2) of the Delray Beach Land Development Regulations ("LDRs") involving the granting of relief from LDR Section 4.6.14(A) to reduce the site visibility triangles for various locations throughout the project pursuant to the attached Site Triangle Analysis Plan ("STAP"). The STAP indicates the site visibility triangles for which waivers are needed and provides the measurements to the property line and to the curb line. To support a waiver, LDR Section 2.4.7(6)(5} requires that the governing body make a finding that granting a waiver: {A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall. not create an unsafe situation; and, (D) Does not result in the grant of a special privilege in that the same waiver would be ;granted under similar circumstances an other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(8)(5} for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor result in the grant of a special privilege in that the same waiver would be granted under similar circumstances O:ICDRA0111WaiverslLetter to Dorling re site visibility waiver. Jan 13. 2009.doc January 13, 20(}9 Page 2 of 2 on ether property for another applicant or owner. Thus, this waiver request should be approved. Due to the nature of urban infill projects, waivers from sight visibility triangle requirements are often granted. Safety is not compromised because if measured from the travel way or thoroughfare and not the property line, the site visibility requirements are more than satisfied 'as is evident in the .attached STAPa Moreover, the speed at which traffic travels on these urban streets is significantly slower than o#her areas. Similar waivers have been approved for other projects in the area, including but not limited #o Atlantic Shores, Qld Palm Grove, 5th Avenue at Delray, Pineapple Grave Village, Hamilton Place; Renaissance Village, Ocean City Lofts and Porta AI Mare. Similar circumstances on other properties would lead to the same conclusion and once again, have been granted. Consequently, a positive finding with respect to LDR Section 2.4.7(6)(5) Waiver Findings, can be made. ~ Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very truly ~rours, S. Mankoff JSM:aIv O:ICDRA0111WaiverslLetter to Dorling re site visibility waiver. Jan 13. 2009.doc 1NEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: {561) 272-6831 E-mail: jmankoff@zonelaw.com MICNAEL S. WEINER CAROLEJ,ARONSON JASON S. MANKOFF January 13, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Re: Mechanical Parking Waiver Request Our File No,: CI]RA006 Dear Paul: KERRY D. SAFIER STEPHEN B. GEBELOFF Via Hand-I]eliver This letter is a waiver request pursuant to Section 2.4.7(6)(2) of the Delray Beach Land Development Regulations ("LDRs"} involving the granting of relief from LDR Section 4.6.9(D)(11.). To support a waiver, LDR Section 2.4.7(6)(5) requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; (B) Shall not significantly diminish the provision of public facilities; (C) Shall nat 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. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor 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. Thus, this waiver request should be approved. 2009 SAS 13 ., ,_.f O:ICDRA0111WaiverslLefterto Dorling re mechanical parking waiver- Jan 13. 2D09.doc m-°°T"'-'~~_'~- 1,13 d January 13, 2009 Page 2 of 3 In addition, The Downtown Delray Beach Master Plan ("Plan") supports this waiver as it states it is critical to deal with the parking that today is eating up the fabric. The Plan says "Land is :not cheap, and commercial land prices in Delray Beach keep rising. In cities like Delray, a large surface parking lot does not make economic sense (both for the private and public sector) -the land is much more valuable as building area. While sufficient parking is necessary, it is important that unnecessarily large parking lots are avoided.: Large parking Tots are not pedestrian oriented. Pedestrians are constantly "sharing" the Car's environment. They are unsafe." This project embraces advances made in fully automated mechanized parking systems. These automated systems have been utilized in Europe and other parts of the world fvr over fifty years; and currently many of these new systems have been installed or are under construction throughout the United States. This system is entirely contained within the underground parking garage and mainly supports the residential component, leaving the balance of the traditional parking witf~in the garage to support the (office, retaillrestaurant) commercial component. The following narrative describes the operational features of the proposed parking system_ Upon traversing the parking garage, one arrives at one of the two garage transfer stations ("GTS") containing 3 transfer areas each. These secured transfer areas resemble that of a traditional residential garage. The garage door is activated by the driver, and the automobile is driven into the garage onto its palette. The driver exits the vehicle and engages the'. automated parking procedure, either by fob, fingerprint, card ar digital entry code, then leaves the garage en-route to the passenger elevators. Upon activating fhe automated parking procedure, the vehicle is scanned for size. Once the passenger exits the GTS, the vehicle on its palette is .rotated 180 degrees, the rear garage door opens allowing the robotic arm or rail crane to exchange an .empty palette with the rotated palette and vehicle, closing the rear door and delivering the loaded palette to its nested location. The rear door will not open if the vehicle is still running. The parking system provides for limited experience based artificial intelligence, locating lesser used vehicles fur#her from the GTS. The parking racks are sized by a mix of heights allowing for differing vehicles, all rack spaces are the same width. Each residential parking component is comprised of three transfer areas with two robotic arms or rail cranes for redundancy purposes and are connected to the buildings generator. The system is capable of 60-70 operations per hour at each T.A. Vehicle retrieval can be activated from within the dwelling unit ar prior to entering the GTS. The residential units will contain a management system for lighting, environmental (alc), and communications (phone, cable, satellite, computer, etc.). Included within this system is a provision for vehicular retrieval. O:ICDRA0111WaiverslLetter to Dorlirig re mechanical parking waiver. Jan 13. 2009.doc January 13, 2009 Page 3 of 3 After activating the parking system from the unit, the parking system will start the delivery sequence only after the elevator on the appropriate floor has been called and activated for the parking garage level. These parking systems compress the areas required for providing parking and provide for better security for the vehicle owner, the vehicles themselves and their contents. The palettes ~ prevent liquids or debris from falling on the vehicles or floor below, keeping contaminants and other waste products in a manageable environmentally friendly circumstance. Consequently, a positive finding with respect to LDR Section 2.4.7(8){5} Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very trul~y-yours, son S. Mankoff JSM:aIv O:ICDRA0111WaiverslLetfer fo DorEing re mechanics! parking waiver. Jan 13. 20p9.dac MICHAEL WEAVER & ASSOCIATES, P.A. ATTORNEYS AT LAW 1 D S.E. 15# Avenue Delray Beach, FL 33444 Telephone: (561} 265-2666 Telecopier: {561) 272-8831 E-mail: jmankofF@zonelaw.com MICHAEL S. WEINER LEE 1=. LEVENSON JASON S. MANKOFF February 10, 2009 Mr. Paul Dorling Direc#or of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue ^elray Beach, Florida 33444 Re: Road Wid#h Waiver Reques# Our File No.: CDRAOOS Dear Paul: KERRY ©. SAFIER STEPHEN B. GEBELOFF Via Hand-Delivery This letter is a waiver request pursuant to Section 2.4.7(8)(2) of the Delray Beach Land Development Regulations ("LDRs") involving the granting of relief from LDR Section 6.1.2(C)(3)(a) to reduce the road width for the proposed "new" NE 7#h Avenue between A#lantic Avenue and NE 'Ist Street from 24' to 22'. To support a waiver, LDR Section 2.4.7(8)(5) requires that the governing body make a finding that granting a waiver: (A) Shall not adversely affect the neighboring area; {B) Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation; and, (D) Does not result in the grant of a special privilege in that the same waiver would be :granted under similar circumstances an other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor 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. Thus, this waiver.. reque~t_,should be a raved. ~ ,,.f~ ~ ~!:, pp ~ . '.f.._.. ~ .~ ~ r ., , '' FEB ~ 0 2009 ;° O:ICD#2A0111Wai~erslLetter to Dorling re road wid#h.Feb 10 2(709_doc ~~ ° - ---~---.__.~._.._,y i February 10, 2009 Page 2 of 2 A road width of 22' is preferred in an urban area and the granting of such a waiver would be consistent with the neighboring area and other projects that have requested a waiver to the road width. Across-section of NE 7th Avenue is attached as Exhibit "A". The narrower road will also require vehicles to travel at lesser speeds, which actually creates a safer environment and creates a better pedestrian friendly streetscape and retail environment. A narrower also street creates a friendlier streetscape and more public space while allowing for more landscaping and wider sidewalks. In addition, City Engineering Detail RT 1.3 indicates that the paving width should be 22' for a typical 50'RI'VV with Parallel Parking. This is the width we are proposing for NE 7th Avenue. This detail is attached as Exhibit "B". Similar waivers have been granted, including, but not limited to, Hibiscus Lane, Highland Grove, Heritage Club, Old Palm Grove and Bexley Park. Enclosed please find a check made payable to the City of Delray Beach in the amount of $130.00, representing the cost of the wader request. Consequently, a positive finding with respect to LDR Section 2.~4.7(B)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very truly yours, ~'~ dson S. Mankoff ~~`~JSM:aIv ~ Enclosure cc: Atlantic Plaza Design Team O:ICDRA0111Wai~erslLetter to Doriing re road width.Feb 10 2l]Q9.doc xH~B~~r''A`~ m 3 ~}: ~~ ~a a Ltt ~ ~ ~ ~ ~ ~ QC7 ~ {~Sj ~=- Li.i Q ~ ~ Q ~ ~ _ ~ J ~ ~ ~ Li..l ~ C~! _~ (i 1 ~ I.L~ Tr LJ C7 ~! ~ ~ ~ N w-Y- P- ~ a`•°. Etl °~.a ~. ~~ LE:I '. ~. ~. CJ W ~~ ~ ~~ .,F 4 iy ~ q {]~ _ ~~: ~/} #~ ro (®/j ~`"') U tti~ .~~: "y~' ~~~ Y. ~ r. * . ~~ .r ~ Y ° .~ y ~ ~ ~ ~~ ~~ z ~v~ ~ ~' ~ "~`~ ~ ~ ~ (~` ~ icy _ . ~ . ~ ~ .._' H ~ ~ +~ ~ ~ :. ~ - ~ s- i " Eo I ~ _ * 9 .• ~ iJ ~~ [~ ~ ~ *FS « '* ~•, I N LI t ~' ~ ~ ~'' ~ f ~~y{~ ~j R ` ~Y•r'Q • ~ •~ ~ ~x~nf e C L~/~i~ ~ ~ ~ ~ r ~ ~ ~ f 54' R /W w z J 25' w ]~ ' 25 ~ ~ ~ 5' 2' S' 2' 11' 11' 7' 2' S' 0.46' 0.00' I 0.41' -0.09' -0.22' -0.22' -D.36' -0.22' ~. 0.12' 2.09 2.00 2_ D0~ 6~~ ~ ~2~% ~ 0% „ ,. F TYPE BASE 6"-~ ~-- CURB SUB-GRADE MIN' "F" TYPE 5' CONCRETE VALLEY CURB SIDEWALK GUTTER WEARING SURFACE 5' CONCRETE VARIES SIDEWALK VARIES PAVEMENT SPECIFICATIONS WEARING SURFACE 1 1 /2" TYPE S-III (2 LIFTS} OR 1-1 /2" TYPE S-1 8" LIMEROCK OR 10" CRUSHED CONCRETE COM- BASE PACTED TO 98~ MAX. DENSITY PER AASHTO T-180. PRIME 8c TACK COAT PER FDOT SECTION 300. 12" STABILIZED (75 P.S.I. FBV) AND SUBGRADE COMPACTED TO 98% MAX. DENSITY PER AASHTO T--180. VARIATION FROM MATERIAL SPECIFICATIONS WILL BE CON5IDI=RED ON A CASE BY CASE BASIS BY THE CITY ENGINEER. CITY of DELRAY BEACH TYPICAL 5fl' R/W WITH PARALLEL on~:os-2a-zoos ~ ENVIRONMENTAL SE~tVICES DEPARTMENT PARKING SECTION RT ~ .3 434 SpIJTFf i3WNfON AVENUE, 6ELRAY BEAC:F{ FLOfiDA 33444 V4IEINER, ARONSON & MANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 1st Avenue Defray Beach, FL 33444 Telephone: (561) 265-2666 Telecopier: (561) 272-6831 E-mail: jmankoff@zonelaw.cam MICHAI~L S. WEINER CAROLS J. ARONSON JASON S. MANKOFF January 13, 2008 Mr. Paul Dorling Director of Planning and'Zoning City of Delray Beach 100 N.W. 1st Avenue Defray Beach, Florida 33444 Re: Parallel Parking Waiver Request Our File Nv.: CDRA011 Dear Paul: KBRRY D. SAFIER STEPHEN B. GEBELOFF Via Hand-Delivery ,JAf~i 1 3 1003 PI_AN~II~~ & ~C~~II~ This letter is a waiver request pursuant to Section 2.4.7(6}{2) of the Delray Beach Land Development Regulations {"LDRs"} involving the granting of relief from LDR Section 4.6.9(D}(4)(a) to reduce the length of the end parallel parking spaces from 22' to 20'. To support a waiver, LDR Section 2.4.7{B)(5) requires that the governing body make a finding that granting a waiver: (A} Shall not adversely affect the neighboring area; (B} Shall not significantly diminish the provision of public facilities; (C} Shall not create an unsafe situation; and, (D) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will riot adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for ariother applicant or owner. Thus, this waiver request should be approved. O:ICl~RA0111Waiverslir.etler ko Qorlirig re paralleE parking waiver.Jan 13. 2009.doc January 'I 3, 2009 Page 2 of 2 The reduction in ,the length of the end parallel parking spaces is to allow for increased landscaped islands. The larger islands will allow for more variation and a greater type of landscaping material to be planted in them. The additional landscaping will create a superior project. In addition, a 45 degree tapered landscape island still provides the additional space required for maneuvering the vehicle into the parallel parking space, thus meeting the intent of the LDRs. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very tru koff Maly O:ICDRAD111WaiverslLetter to Darling re paraile! parking wai~er.Jan 13. 2009.doc WEINER, ARONSON & IVIANKOFF, P.A. ATTORNEYS AT LAW 10 S.E. 15t Avenue Delray Beach, I=L 33444 Telephone: (561 } 265-2666 Telecflpier: (561) 272-6831 E-mail: jmankoff@zonelaw.com MfCHAEL S. WEINER CAROLS J. ARONSON JASON S. MANKOFF January 26, 2009 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue ^elray Beach, Florida 33444 Re: Glass Surface Area Waiver Requesf Our File No.: C©RA006 Dear Paul: JAN 2' ~ 1009 PLAfVNIN~ & 7C~Nli~1C KERRY D. SAFlER STEPHEN B. GEBELOFF Via Hand-©elivery This letter is a waiver request pursuant to Section 2.4.7(B)(2} of the Delray Beach Land Development Regulations {"LDRs") inriolving the granting of relief from LDR Section 4.6.1 S(B}(14)(iv)(2) to allow for the minimum transparency or glass surtace area on the ground floor. wall area from 75% to a minimum of 34%. The Glass Surface Area Breakdown is attached as Exhibit "A". Attached as Exhibit "B" is a graphic example of a typical storefront. To support a waiver, LDR Section 2.4.7(B)(5) requires that the governing body make a findir:g that granting a waiver: (A} Shall not adversely affect the neighboring area; (B} Shall not significantly diminish the provision of public facilities; (C) Shall not create an unsafe situation; and, (D} Does not result in the grant of a special privilege in that the same waiver would be ,granted under similar circumstances on other property for another applicant or owner. This project meets or exceeds the requirements of LDR Section 2,4.7{B}(5} for this waiver request. By granting this waiver, a superior product will be achieved. The waiver will not adversely affect the neighboring area, significantly diminish the provision of public facilities, create an unsafe situation andlor result in the grant of a special privilege in that the same waiver would be granted under similar circumstances O:ICDRA0111Wai~erslLefEer ~o Dorling re glass surface area.Jan 26 2009.doc Mr. Pau! Dorling January 26, 2009 Page 2 of 2 on other property for another applicant or owner. Thus, this waiver request should be approved. The percentage of glass surface area requested is more consistent with the massing and proportion of the design of the building(s). Also, park of the increase of the building solid wall area is to allocate a proper space for tenant wall signs which is a critical component for the retail component of the project. Tall ceiling height has been provided on the ground floor areas; this .feature is also another key element for the survivability of the retail components of the project. Based on this ceiling height, the resulting glass surtace area required is excessively disproportionate to the overall building frontage. In any event, the glass surfaceltransparency prdvided is more than sufficient to meet the intent of the LDRs, which is to maintain a pedestrian friendly retail environment. Consequently, a positive finding with respect to LDR Section 2.4.7(8)(5) Waiver Findings, can be made.. Therefore, for the reasons enumerated above, we respectfully request that this waiver be approved. Very trulyurs, Jason S. Mankoff JSM:mmi enclosures O:1CbrtAD111WaiverslLeffer fo Darling re glass surface area.Jan 26 2DD9.doc • s Z Q W I.1.1 Q Q LLI Q Q ~ ~ U ~ H ~ QU W ,D a` G ~ o o o ~ ;O o~ ' e ~ e 0 o 0 0 0 0 .. o- 0 0~ e o e ~ e .,0 o a~ 0 o cr, ~ ~ rn rte, ~o as a, ~ oo ~ ao m .-~ c , m ~i ~, O M ~ ~~. ~ 4 00 01 N ~ N d' N ~G ~~ \p z w x w a ~4t oho ~ M uni', N ~ m oNO a~ ~ a~ o~i ~. ~ ~~ ' oho r- ', ~--~ ri ~ ', ~-i r-i N ,-i N ~-i r-i ,--i ~~ a~ oo n ~', ~ ,--~ v-~ ~ o ~ O n v~ w ~, ~ m m m m ~ m ~--~ m d~ N om' N m N ~ a i--t H ~ ~ .F, '~ vii,. +"~ ~,, ~ ~ '+~ +,,, '~ ~ ~ ~ ~w. N; O U] Ri W O Z N: ~ ~ V1 ~ W O Z ~ ~ p V7 ~ W O Z ~ ~ O ~~. ~ W O ~-~ M '. M M tt1 A ~ ~ ~ ~ --~ --~ ~ --~ ~ ~ ~ N N N N ~ ~ ^t' ~ ~p ~ ~:J ~D q W AU P4 W W fA ~4 f~ al Pa al m 0.'} _f~A ! GQ Vander Ploeg and Associates, Inc, architects and planners 155 east Boca raton road (561) 35$1403 Boca salon, florida 33432 fax {561} 750-8051 18'-9' TENAN T BAY SHtlWN ' ' ~r SIGNAGE -ten t wall sign area -. o ^^^^~ ^ do ~ ~ ~ ^^^^^^ ^ ^^~ ^^^^ ^ ~^~ ~~~ ~^^^~^ ^ ++ c' ° sto ront h clear o in 0 ~ ~~ ~ ~ !4 stor ~ ont ° a ., o gla '~~- t re '~" spaces +i a. @ 18' ba ~ typica knee w all PARTIAL ELEVATION 2'-0 COVERED ARCADE PARTIAL PLAN !~~' _, TENANT WALL SIGN AREA ABtlVE PROPOSED RETAIL GROUND FLOOR FRONTAGE TREATMENT (BUILDING # 2 SHOWN} ATLANTIC PLAZA II GLASS SURFACE AREA WAVER RE4UEST GRAPHIC EXHIBIT 1 Of 1 SCALE: 118" ~ 1'-0" JAN 21, 2009 - --- -_ _ PROPERTY IRJF-292 - -PROPFRTS'L1NE 29-2' -PROPERTY LAC 29'-0"_ CURB LINE 50 -" ~ rC7IB LAE-52'-2 C[1RH LDVE=43 0 I A`r air-. ~ _. / ~ - _ _ 11 C ~~ I '~ ~~ ~' ~ ~ - I, ~~, ~j ~ \i i I - ~~ ~ ~ ~ 7 2' ~ i iI - ~ '~ ~ e ~ - I _~ ~ ~i __ ~- ~ -, ;g _ ~'= ~ I I ~ ~- ~ : ~ 1 a~F 1~ ~ 52 I ~ ~ ~ ~ '~~ ~~ , , ; , ~~ ~~ ; ~ ' ,~ i r ,, ~ ~ ~~ ~~ ~ ~ ~ ~ ,.`/ ~ C ~ `~ - - - IC' r~r;~, ~ ~~' ~~ I ,,,,~ o ~ , ,, ~ , ~ ~ ~j, -, ~~ u: ~, ~ I PI S fVFr': ~~~ ~~J ~ ` J /~ GGRH t1NE~ 97`4'1 I l 11 I~ ~- l I~ ~I I~ 111 ~~ - - /. __ n _ __ __ / I r~ - ~ -~~ -- ---- ', 1-11 ~~I l ~ i ~-1~ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 REQUEST FOR IN-LIEU PARKING SPACES/LINDA BEAN'S PERFECT MAINE ROLL ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Linda Bean's Perfect Maine Roll for the purchase of four (4) in-lieu parking spaces to accommodate a conversion of use from retail to restaurant. BACKGROUND Linda Bean's Perfect Maine Roll, located at 200 East Atlantic Avenue, has submitted a Class III site plan modification for the conversion of an existing 1,502 sq. ft. optical store to restaurant. Land Development Regulations (LDR) Section 4.4.13.(G) requires the provision of one space for each 300 square feet of total floor area except for restaurants which requires 6 spaces per 1,000 sq. ft. The proposed site plan requires four (4) parking spaces calculated as the difference between 1 parking space per 300 sq. ft. currently vested for the optical store (1,502/300 = 5) and 6 spaces per 1,000 sq. ft. (1.502 x 6 = 9.012) required for the restaurant. The LDRs previously required fractions to be rounded up; however, a recent text amendment has modified the formula for how fractions of parking spaces are calculated so that traditional rounding of fractions is now applied (under 0.5 rounds down, 0.5 and above rounds up, so the required number of spaces for the proposed conversion of use is four (4) spaces (9.012 - 5 = 4.012 rounds down to 4). LDR Section 4.6.9(E)(3) states when the requirement for additional parking results from a change of use the City Commission may approve the payment of a fee in-lieu of providing the required parking on-site. The City Commission must find that it is impossible or inappropriate to provide the required parking on-site. Due to site constraints it is impossible to provide the requisite four (4) spaces on-site. Therefore the applicant is requesting the purchase of four (4) in-lieu parking spaces, at a cost of $15,600 per space, totaling $62,400, to be paid in full upon issuance of a building permit. Comprehensive Plan Policy C-4.1 of the Future Land Use Element encourages rehabilitation and revitalization within the Central Business District through a number of incentives, one of which is the accommodation of parking needs through innovative actions. The in-lieu of parking fee program provides such an incentive and therefore is consistent with the Comprehensive Plan. Furthermore, the subject property is located one block to the east of the Federspiel Garage and one block to the south of the Old School Square Garage in addition to being in close proximity to two valet queues (one on SE 2nd Avenue, the other on East Atlantic Avenue), both with operating hours after 5:00 PM each day. Although the subject property is not providing the required parking to accommodate the conversion of use the two neighboring garages provide ample capacity to accommodate parking for the proposed use. In consideration of the aforementioned, staff recommends approval of the applicant's request. REVIEW BY OTHERS The Parking Management Advisory Board and Community Redevelopment Agency at their respective meetings of March 24 and March 26, 2009, unanimously recommended approval of the applicant's request. Due to scheduling, the Downtown Development Authority will be advised of the findings of these deliberations at its meeting of April 13, 2009. RECOMMENDATION By motion, approve the request from Linda Bean's Perfect Maine Roll for the purchase of four (4) in- lieu parking spaces, at a cost of $62,400, to be paid upon issuance of a building permit, by adopting 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 4.6.9(E)(3) of the Land Development Regulations. Q N ~--~ N .~ ~--~ U N `~ N N m ~_ J IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR LINDA BEAN'S PERFECT MAINE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This in lieu parking fee request has come before the City Commission on April 7, 2009 from Linda Bean's Perfect Maine restaurant. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Linda Bean's Perfect Maine restaurant. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required for a change of use and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. Does the In Lieu Parking Fee request for four spaces meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 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 1 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 in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of April, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, Assistant City Attorney THROUGH: Susan A. Ruby, City Attorney DATE: March 19, 2009 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 RESOLUTION NO. 12-09 (RESOLUTION OF NECESSITY DOUGLAS AVENUE SPECIAL ASSESSMENT DISTRICT) ITEM BEFORE COMMISSION Approval of Resolution No. 12-09. BACKGROUND The attached Resolution of Necessity, if approved, will authorize City staff to prepare the assessment roll, mail notices and advertise a public hearing for the Douglas Avenue Special Assessment District. This special assessment district is formed in order to charge the cost of the paving of Douglas Avenue to the adjacent property owners on a front footage basis. The total cost to the adjacent property owners shall not exceed $90,277.99. The property owner cost shall not exceed $111.73 per front foot and a chart has been attached providing for the assessment cost of each property owner. A City owned lot is also included in the special assessment district as it is adjacent to Douglas Avenue. While this project has been planned for some time, City staff, within the last week, met and revised the estimated cost of construction downward based on road construction costs for S.W. 8~' Avenue, another special assessment district that was recently completed. The Commission must approve the resolution of necessity in order for City staff to prepare the assessment roll. The City Clerk will publish the resolution for two consecutive weeks after adoption by the Commission. RECOMMENDATION Staff recommends approval. RESOLUTION NO. 12-U9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DEFRAY BEACH, FLORIDA, DECLARING THE. NECESSITY FOR PUBLIC IMPROVEMENTS FOR THE DOUGLAS AVENUE AREA AS SHOWN ON EXHIBIT "A", AND DIRECTING THE ESTABLISHMENT OF A SPECIAL ASSESSMENT DISTRICT TO DEFRAY A PART OF THE EXPENSE FOR THE CONSTRUCTION OF A ROAD; PROVIDING FOR THE ESTIMATED COST OF THE IMPROVEMENTS; PROVIDING FOR THE PREPARATION OF THE ASSESSMENT ROLL. WHEREAS, the City Commission of the City of Delray Beach is authorized to impose special assessments pursuant to Article 8.4 of the. City of Delray Beach Land Development Regulations and Chapter 170 of the Florida Statutes; and WHEREAS, the City Commission finds that there is a need for the paving of the Douglas Avenue right-of--way {improvements}; and WHEREAS, the special assessment district will encompass the area as shown on Exhibit "A' ;and WHEREAS, the area im which the improvements will be performed shall be known as the Douglas Avenue Special Assessment District ("Assessment District"); and WHEREAS, the proposed improvements include the paving of the Douglas Avenue road right-of--way; and WHEREAS, the estimated total cost to be assessed to the property owners shall not exceed the amount of $90,277.99; and WHEREAS, the City Commission .directs City staff to place on file in the City Clerk's Office specifications and cost estimates for the improvements; and WHEREAS, the property owners may pay the special assessment in one lump sum no later than 60 days following final consideration of the special assessment after construcfiion is completed or the property owners may pay the assessment in ten (10) annual installments at an interest rate of 8%; and WHEREAS, the lands upon which the special assessment shall be levied are all lots and lands adjoining and contiguous or bounding and abutting upon the road improvements or specifically benefited thereby and further designated by the map attached hereto as Exhibit "A"; and WHEREAS, the City Manager shall prepare and present to the Commission an assessment roll showing. the lots and lands to be assessed and the amount of the assessment as to each. NOW, THEREFORE, BE T'T RESOLVED BY THE. CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission hereby declares a need for the public improvements within the special assessment district in conformance with the above recitals and for the imposition of a special assessment in conformance with this resolution. Section 2. That this resolution shall take effect immediately upon passage. 2049. PASSED AND ADOPTED in regular session on this the _ day of , MAYOR ATTEST: City Clerk C N N Q ~U W rn~ v -~ -~ x w N a 0 D ~` ~~ m 0 o~d~ W - d~ ~ C~ C~ U (~ N m (~ i N D rn 0 0 N M M 0 0 N C~ I~ Y ~) W o ~) ~r 0 ~ U U1 Y O •~ ~ Y W ~ d °' ~ ~ VJI Y ~ 3 0 A ~ M N ti ~ ~ ~ ~ ~ ~ N ~ Q C 01 N r ~ 01 ~G ~G ~ ~ N N ~ ~ O o U H rn ~ u '> _ (6 ~ U ~, ~, ~, ~ ~ cn ~ N ~ ~ N ~ ~ ~ .= r ~ ~ O N ~ ~ 00 M ~ ~ ~ ~ r r EA EA Q ~ N Q O H ~ 0 0 ~ a0 N N ~ ~ C O O U 0 0 - o ~ ~' _ o co ~o ~ ~ ~ ~ ~ O ~ ~ _ _ O ~ V y :/: (/) 69 ER 69 bl CC r.+ rr``~~ I~ O U r 4-. O --r J~ ~ `3 -' r ~ O v ~ ~= CC ~" Y S.'LS'i'y Q = r ~ o t t l O{~+ Q~ /J ~-4 "f. r- ~ ~ % V] ~ F1 ~ a..r MY_M ' ~ W ~ y a N ~ N ~ N O Q ~. O o c~ o ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ OO r f~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ti ~ ~ 0 0 0 0 0 0 0 0 0 0 0 ~ ~ N 01 OO OO OO OO OO OO OO OO OO OO ~G r 01 ~G ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ O ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ r EA d9 d9 d9 d9 d9 d9 d9 d9 d9 d9 d9 d9 d9 01 ~ M ~ 0 0 0 0 0 0 0 0 0 0 ti ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ V> V> O ti O 01 O ~ r ~ N ~ M ~ ~ ~ ~ ~ ~G ~ f~ ~ N O v O ~ ~ U U U U U U U U ~c O O ~ ea J J J J J J J J G> _ _ ~' J J J J J J J J 01 Q V V ~ ~" O ~ ~ ~ ~ ~ ~ ~ ~ j p us to to to to to to N 'a U a> a> Ca ~.~., c c c c c c c c ~ R C7 C7 ~ ~ • !`C !``C !``C !``C !``C !``C !``C !``C `~` 7 L L ~ ~ ~ ~ ~ ~ ~ ~ ~ V ~, fC fC fC fC fC fC fC fC 7 O ~ ~ U r/l m m m m m m m m J ~ U U o~ T ti ti N O T d9 O O O W O H M V X °o N Q '~6 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 12, 2009 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 CHANGE ORDER NO. 1/ROSSO PAVING AND DRAINAGE, INC./HOMEWOOD BLVD. BICYCLE LANES ROAD WIDENING ITEM BEFORE COMMISSION This item is before the Commission to consider Change Order No. 1 in the amount of $29,885.80 to Rosso Paving and Drainage, Inc., for adjusting the centerline of Homewood Boulevard for the Homewood Blvd. Bicycle Lanes Road Widening, Project #2004-049. BACKGROUND The additional scope consists of an adjustment to the centerline of the road to shift the crown of the road to the west. Due to the availability of right-of-way for addition of the bike lanes, the majority of the required pavement widening is being constructed on the west side of the existing roadway. The road will then be restriped to be centered on the new pavement width, allowing fora 5 foot bike lane on each side. This would result in a 5 foot offset between the physical crown of the roadway and the striped centerline of travel lanes. The project was designed this way intentionally to reduce construction costs. The pavement cross slope is very slight and staff did not view the resulting driving condition as hazardous. Upon review of the proposal, I had concerns about the appearance of the roadway with the offset of new lane striping and the visible crown of pavement. I requested that staff solicit a price from the contractor to adjust the roadway crown to eliminate the offset that would result from the current design. The work consists of an additional survey to establish the new centerline and crown elevation; additional asphalt; and additional maintenance of traffic. Also included in this change order is a credit in the amount of $9,560.00 for reducing the asphalt thickness of the entire project from 1 1/2" to 1". Therefore, Change Order No. 1 includes the cost of shifting the crown of the road in the amount of $39,445.80 less an asphalt credit in the amount of $9,560.00 for a net amount of: $29,885.80. The project can be constructed either way, however, my personal recommendation is to adjust the roadway crown to a standard configuration that coincides with the new centerline of travel lanes. The City was awarded a Federal Enhancement Grant of $500.000.00 to pay for the construction of bike lanes along Homewood Blvd. between Lowson Blvd. and West Atlantic Avenue. The bike lanes will be on both sides of Homewood Blvd. Atlantic Avenue currently has undesignated bicycle lanes between Homewood Blvd. and the new High School, which is approximately 1,500 feet east of Homewood Blvd. This project extends the existing bicycle lanes to allow students within atwo-mile radius of the new school a safe means of traveling to and from school. Since there is no required match required for this grant; the additional cost to the City for this change order is $10,102.80; which is the amount over the $500,000.00 grant. The attached Exhibit "A" to Change Order No. 1 details all additional costs associated with this change order; and includes an appropriate time extension of fourteen (14) days. FUNDING SOURCE Funding is available from 334-3162-541-68.46 (General Construction Fund/Other Improvements/Homewood Blvd. Bike Paths). RECOMMENDATION The Director recommends approval of Change Order No. 1 in the amount of $29,885.80 to Rosso Paving and Drainage, Inc., for adjusting the centerline of Homewood Boulevard for the Homewood Blvd. Bicycle Lanes Road Widening Project. CITI' ®F )13EI_.RAY SIEACH CHANGE (~RI~lER T® ®RIGI:'~IAL C®NTRACT CHANGE NO. 1 PROJECT NO. 2{!®4-1149 DATE: PROJECT TITLE: iaaYYi~virvuu iivd. niieyCle Laracs RV71tA `t~v~ideriiiig TO CONTRACTOR: Rassci Waving & Irainage, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJIsCT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Additional work required for the adjustment of the centerline of Homewood Boulevard, per the attached Exhibit "A"; and a contract extension of fourteen (I4) days. SUMMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AMOUNT $ 480,217.00 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 480,217.00 CC)ST OF CONSTRUCTION CHANGES 'I'I-IIS ORT3ER $ 29,885.80 ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER ~ 510, I02.80 PERCENT INCREASE THIS CHANGE ORDER 6.22% TOTAL PERCENT INCREASE TO DATE 6.22% TOTAL CONTRACT TIME WILL, BE INCREASED BY 14 DAYS CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. Rosso Paving & Drainage, Tne. (Contractor to sig~~ & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER. Funding is available frorr€ account: 334-3162-~41-68.46 DEPARTMENT FUNDING DELRAY BEACH, FLORIDA by its City Commission RECOMMEND: Environmental Services APPROVED: City attorney By: Mayor ATTEST: By: City Clerk CERTIFIED BY 5:1£ngAdminikzn,~ects~200412004-04910FPCCIAI,ICD 1 I{osso C3o~newood Bite 1.~'uta GC 040?09.doc 31'I 112(I09 ROSSO Paving ~ prainaae Inc; Inc. 350 Mar#in Lane West Palm Beach, Florida 33413 Phone (561) 688-0288 Fax (561) 688-0118 ~ "a ro% k'~ TO: City of tDeiray Beach °ItOQ NW fist peVenue ®elray Beachg L 33~4~ ,4ttn: Rafael F3allestero Project 1`Vame: Flornewood B(vd. Bicycle Lanes Location: ®etray Beach ORANGE OR®ER #1 REVISEQ V1lE PROFOS~ TO FURIVISIi ~,LL LABOR, MATI=R3AL AI~C3 EQt1fI~lU11=t~T TO PEF2~C)RIVI 7H FOL.LOV1lItdG: ,. Adjustment to centerline of the road due to addition of a bike lane and restriping. The crown of the road needs to shift over approximately 5' to the V11est to create the new centerline. The work would consist of additional survey to establish the new centerline of the road and crown elevation. Additonal tonnage of asphalt to adjust area being affected, additional traffic control while this work is being done. Additional time for the surveyor to calculate grades and to perform this work would be about two weeks. Areas broken down into sections. 1. Overbuild from station 48+00 to 35+00 151 tns $103.50 $15,628.50 2. Overbuild from station 35+00 to 25+00 91 tns $103.50 $9,418.5D 3.Overbuild from station 25+00 to 17+Op 56 tns $'103.50 $5,796.Oq 4.Overbuild transiton (tapers} on the ends station 14+00 and station 17+DO 20 tns $1 D3.50 $2, 070.00 5. Survey 1 Is $5,532.80 $5,532.80 8. Maintenance of Traffic 1 Is $1,000.00 $1,000.00 Sl.1B~TOT~4L. ~~9,4~4.5.~0 Credit Change the widening from 1.5" of asphalt to 1" of asphalt for a credit of $9,560.00 -$9,560.00 NET-T®TALa $29,85.$0 Respectfully, Joe f2osso !I ~~ Vice-F~resident .~ U 'O S". ~ 4-i ~ ~ O Z 'O F." ~ w ~ H O MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 27, 2009 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF APRIL 7, 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 At the City Commission meeting on January 20, 2009, alternate member 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 Eliopoulos (Seat #1) for one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending 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 EXHIBIT "A" Name Background Parnel Auguste Real Estate Attorney (also applying for the Delray Beach Housing Authority) Rosalie Blood Vice President/General Manager David Boone Semi-retired Attorney/Educator Gerald Franciosa Retired-Law Enforcement (also applying for the Delray Beach Housing Authority, Nuisance Abatement Board and the Historic Preservation Board Pearl Markfield Elrod Realtor (also applying for the Delray Beach Housing Authority & the Historic Preservation Board) Mel Pollack Director of Security Stanley Scharf Administration/Supervisor Harvey Starin Real Estate Broker Stephanie Sugar Regional Director 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 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 27, 2009 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF APRIL 7, 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. The resignation letter is attached for your review. This creates a vacancy for a regular member to serve an unexpired term ending 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 for appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending 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" Parnel Auguste Edward Desmond Joe Farkas Jason Feldman Gerald Franciosa Philip Friedman Irene Frazier Pearl Markfield-Elrod George Maso Alexia Rouquette Jeff Staley Shelly Weil Alan Weitz (also applying for the Code Enforcement Board) (currently serving on the Public Employees Relations Commission) (currently serving on the Board of Adjustment; also applying for the Historic Preservation Board) (also applying for the Code Enforcement Board, the Nuisance Abatement Board & the Historic Preservation Board) (currently serving on the Nuisance Abatement Board; also applying for the Historic Preservation Board) (also applying for the Historic Preservation Board & the Code Enforcement Board) (currently serving on the Police Advisory Board) DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 3105 Delray Beach, FL 33445 01/09 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp Unexpired Appt 10/21/08 07/14/2010 Unexp Appt Vacant 07/14/2010 Sylvia Morris Unexp Appt 07/10/07 07/14/2009 Angela D. Randolph, QZair Appt 07/24/01 Reappt 06/21/05 10/27/2011 QZristel Silver Appt 11/6/07 03 /06 /2010 Morris L. Weinman, Vice Qiair Unexpired Term 03/06/01 Reappt 02/05/02 Re t 02/21/06 07/14/2010 ThuyShutt (Twee) Appt 07/11/06 Director: Dorothy E llington Contact: Nina Levina/Jaclde 272-6766 X-18 nlevine@ dblla.org Housing Authority 278-4937 Fax 272-7352 S/City Clerk/Board 09 /Defray Beach Housing Page 1 of 1 Cobb, Venice From: Harden, David Sent: Thursday, January 15, 2009 3:30 PM To: Smith, Douglas; Cobb, Venice Subject: FW: Resignation (DBHA Board Member) Fram: Dorothy Ellington [mailta:dellington@dbha.org] Sent: Thursday, ]anuary 15, 2009 1:12 PM To: Darden, David Cc: `Nina Levine' Subject: FW: Resignation (DBHA Board Member} Piease note the forwarded message from Russell Yeager, resigning from the DBHA Board of Commissioners. Dorothy Ellington, PresidentJCEO Delray Beach Housing Authority 600 North Congress Avenue Suite 310B Delray Beach, Fl 33445 (SG1)272-G766, ext_ 13 Office (561)278-493.7 Fax From: Russell Yeager [mailto:ryeager@dbha.org] Sent: Wednesday, ]anuary 14, 2009 9:52 PM To: 'Dorothy Ellington' Cc: RDCINCORP@aol.com; arandoiph@dbha.org; russell.yeager@gmail.cam Subject: Resignation Dorothy Ellington, This message is to serve as notice of my resignation as a Commissioner of the Delray Beach Housing Authority and the affiliated Delray Housing Group, effective immediately_ Having undertaken a new professional venture, it has become increasingly clear to me that my schedule will prevent me from giving an appropriate arriount of time and attention to my responsibilities with the housing authority. 1 wish you, Chairwoman Randolph, and the commission and staff of the DBHA my sincere best wishes for success with your mission. Sincerely, Russell Yeager P.S. Please have staff close my DBHA email account. In the event that you or staff require contacting me for any housekeeping issues, please call me at 561.271.9839. 1/2`i17.{~(19 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 27, 2009 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the Commission for an appointment to the Historic Presevation Board. BACKGROUND Mr. Keith Snider, regular member of the Historic Preservation Board, submitted his resignation effective February 27, 2009. The resignation letter is attached for your review. This created a vacancy for a regular member to serve an unexpired term ending August 31, 2010. These requirements have been updated to reflect current code requirements. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. The Commission shall endeavor to appoint as many disciplines to the Board as possible. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. An appointment is needed for one (1) of the professions noted above. 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 with the exception of Mr. Percy Mejia. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2010. RECOMMENDATION Recommend appointment of one (1) regular member to the Historic Preservation Board to serve an unexpired term ending August 31, 2010. HISTORIC PRESERVATION BOARD EXHIBIT "A" Applicants with experience in the professions required: Annie Adkins-Roof Attorney/Real Estate Broker Ronald Brito General Contractor-President Shannon Dawson Self-employed/Real Estate Consultant - Owns a home in a Historic District Jason Feldman Planner (currently serving on the Board of Adjustment; also applying for the Delray Beach Housing Authority) Karen Goranson Real Estate Paralegal Pearl Markfield-Elrod Real Estate (also applying for the Delray Beach Housing Authority & the Code Enforcement Board) Percy Mejia Architecture-Project Manager -Owns a business in a Historic District Darla Sernoff Realtor Jeffrey Silberstein Self-employed Architect - Owns a business in a Historic District Applicants interested in being a Layperson: Annie Adkins-Roof Attorney/Real Estate Broker Kristin Christensen Business Owner-Finance - Owns a home in a Historic District Joe Farkas Banking-President Philip Friedman Financial Aid-Assistant Director Loren Levinson Educator Mel Pollack Security Pamela Reeder Environmental Consultant-Retired Stephanie Sugar Regional Director HISTORIC PRESERVATION BOARD 08/08 08 /31 /2010 Roger Cope, 2nd Vice Qiair Architect Office: 274-6706 unexp amt 11/21/06 Home: 274-7188 Reappt 08/05/08 Cell: 789-3791 i_co bellsouthnet 08 /31 /2009 Dan Sloan General Contractor Home: 272-7091 unexpAppto8/o5/08 Project Manager Office: 243-8755 Cell: 441-6149 Fax: 243-8755 dsloan@ sloanproperties. biz 08 /31 /2010 Thomas Stanley Attorney Office: 276-6363 amt o8/0.5/08 Layperson Fax: 276-8881 tom@ macmillai~stanley. com 08 /31 /2010 Keith Snider Architect Home: 954-698-6615 unexp amt o3/0.5/07 Office: 330-9511 Reappt 08/05/08 Cell: 843-7161 Fax: 330-9513 kasnider@ sd arc.com 08 /31 /2010 Toni Del Fiandra, Qiair Accounting/ Home: 272-3766 amt 09/19/06 Bookkeeping Office: 274-6227 Reappt 08/05/08 Layperson Cell: 441-5527 delfiandratoni@ bellsout tenet 08 /31 /2009 Rhonda Sexton Interior Design Home: 499-2293 amt 08/21/07 Office: 276-3660 Cell: 445-0660 Fax: 276-6244 08 /31 /2009 JoAnn Peart Self employed Office: 272-1400 amt 08/16/05 Layperson Home: 276-8968 Reappt 08/21/07 Fax: 276-6709 Contact: Denise Valek X 7041 S/City Clerk/Board 09/Historic Preservation Board fill ~ i i ~l ~ I i :, February 27, 2009 Denise A. Valek Executive Assistant Planning and Zoning Department City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 RE: Historical Board Dear Denise, I am writing to inform you that I need to step down from my seat on the Historical Board due to family reasons. My wife and I are expecting a new born baby and due to the obligations that it requires, I will not be able to maintain a constant commitment to the city. I appreciated the time I have served on the board and look forward to any future assistance that I can provide to the city. Sincerely, Keith A. Snider President S+D Architecture, Inc. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 27, 2009 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 APPOINTMENT TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before City Commission for an appointment to the Nuisance Abatement Board. BACKGROUND At the City Commission meeting on March 17, 2009, alternate member Ms. Arline Sherman, was appointed as a regular member. This created a vacancy for an alternate member to serve a two (2) year term ending July 31, 2011. The appointment should be made for a term ending July 31, 2011, to comply with the expiration date required in the City Code. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisances on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Gerald Franciosa (also applying for the Code Enforcement Board, Historic Preservation Board & the Delray Beach Housing Authority) Linda Laurance Leib 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 Eliopoulos (Seat #1), for one (1) alternate member to serve on the Nuisance Abatement Board for a two (2) year term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to the Nuisance Abatement Board for a two (2) year term ending July 31, 2011. NUISANCE ABATEMENT 03/09 TERM EXPIRES REGULAR MEMBERS OCCUPATION 03 /31 /2010 Greta Britt N/A unexp Alt o2/01/05 867 Stmflo~er Avenue unexp reg o2/15/05 Re-appt 03/15/05 reg Delra Beach FL 33445 y r Re-appt 02/21/06 Re-a t 03/03/08 07/31/2011 Philip Friedman Retired/Real Estate/ unexp Amt 03/01/05 alt 960 Allamanda Drive Financial Aid Re-appt Reg 03/31 /05 alt unexp reg Amt o1/17/06 Delray Beach, FL 33483 Re-appt 03/05/07 reg Re-a t 03/17/09 07/31 /2011 Annie Adldi>`s-Roof Attorney Amt 03/17/09 3000 Captains Walls # 116 Delra Beach, FL 33483 03/31 /2010 Eileen Marks CSR/Banldng Amt 04/15/03 371 Coral Trace Lane Appt Reg 02/15/05 unexp Re-appt Alt o3/31/05 Delray Beach, FL 33445 Unexp Appt 02/06/07 reg Re-a t 03/03/08 07/31 /2011 Arline Sherman Retired/Physical unexp Amt o2/07/06 3185 NW 14~ Street Therapy Manager Re-appt 03/05/07 Reappt o3/17/09 Delray Beach, FL 33445 ALTERNATES 07/31/2011 Amt Vacant 07/31 /2011 Leonard Epstien Retired unexp Amt o3/05/07 3120 NW 15~ Street Delray Beach, FL 33445 BOARD COUNSEL Steve D. Rubin, E sq 980 N Federal Highway Suite 434 Boca Raton, FL 33432-2704 Assistant-Martha POLICE LEGAL ADVISOR Cathy Kozol, Police Legal Advisor Contact: Venice Cobb S/City Clerk/Board 09/Nuisance Abatement MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 27, 2009 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Civil Service Board. BACKGROUND The term for Mr. Eric Luckman expired on April 1, 2009. Mr. Luckman has served one (1) full term, is eligible and would like to be considered for reappointment. The term will be for two (2) years ending April 1, 2011. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individuals have submitted applications and would like to be considered for appointment: Name Background Eric Luckman Attorney Incumbent Kathy Shackman Mortgage Consultant Larry Zalkin Director/Client Development-Finance 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 Eliopoulos (Seat #1) for one (1) regular member to serve on the Civil Service Board for a two (2) year term ending April 1, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to the Civil Service Board for a two (2) year term ending April 1, 2011. CIVIL SERVICE BOARD 06/08 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01/2010 Emily Dobard, Chief Examiner Une%p Appt O6/21/05 EdUCatOr Reappt 06/20/06 Reappt 06/17/08 04/30/2009 Lanelda Gaskins, Vice Chairperson Deputy City Clerk Elected 04/26/07 Re-elected 04/30/08 07/01/2010 Sidne~~ Grossman appto~/i'/oa Retired-Civil Service Emplo~~ees Association/Law Enforcement 04/30/2009 Jennifer Re~~nolds, Chairperson Elected oa/z~/o5 Finance Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 04/01/2009 Eric Luckman Attorne~~ Une%p Appt 10/25/05 alt Reappt 07/11/06 alt Appt 03/20/07 reg ALTERNATES 07/01/2010 Elaine Calabrese Retired-Principal Une%p Appt 02/19/08 Clerk/Typlst Reappt O6/17/08 04/30/2009 Scott Aronson Elected oa/z~/o~ red Planning Department Re-elected 04/26/07 alt Re-elected 04/30/08 alt Parking Management Specialist Contact: Venice Cobb 243-7056 S/Cifi Clerk/Board 09/Ci~ril Senrice MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 1, 2009 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 13-09 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing, providing for acceptance of the resurvey report of the Nassau Street Historic District including extending the period of significance to 1964, reclassifying five (5) properties from non-contributing to contributing and changing the name of the district to Nassau Park. BACKGROUND At the first reading on March 17, 2009, the Commission passed Ordinance No. 13-09. RECOMMENDATION Recommend approval of Ordinance No. 13-09 on second and final reading. ORDINANCE NO. 13-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON- CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ Heisenbottle Architects, Inc., to resurvey the Nassau Street Historic District and the City Commission accepts the survey recommendations to extend the Period of Significance, correct the district name from Nassau Street to Nassau Park Historic District, and seek listing of the district on the National Register of Historic Places; and, WHEREAS, the Nassau Street 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 1935-1943; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Nassau Street Historic District and those properties originally classified as contributing for continued significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Nassau Street Historic District and those properties originally classified as non-contributing for current significance and recommends that the Period of Significance be extended through 1964; and, WHEREAS, the Nassau Street Historic District was originally and is currently significant for its collection of architecture representative of the period from 1935-1943; and, WHEREAS, 5 structures now meet the eligibility criteria for contributing status, attributed to the newer resources built 1949 through to 1964, 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 Nassau Street 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 CitS~'s history such as the development of early neighborhoods in Delray Beach, and representation of 1930s settlement following the Land Boom of the 1920s and including a small amount of post World War II growth from the 1940s through the 1950s; and, WHEREAS, the Nassau Street 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 the Cottage, Masonry and Frame Vernacular, and Ranch styles, and many of the Cottage style structures can be attributed to renown architect Samuel Ogren, Sr.; and, WHEREAS, Section 4.5.1 of the Land Development Regulations of the Code of Ordinances of the CitS~ of Delray Beach provides for the change of historic classification of historic sites and districts; and, WHEREAS, RJ Heisenbottle Architects, Inc. found that the Nassau Street Historic District was erroneously named as such, and recommends that the name be corrected to the Nassau Park Historic District; and, WHEREAS, RJ Heisenbottle Architects, Inc. found that the City should seek listing of the Nassau Street Historic District on the National Register of Historic Places; and, WHEREAS, the Historic Preservation Board held a duly noticed public hearing in regard to the Final Resurvey Report for the Nassau Street Historic District on March 4, 2009 and voted 6 to 0 to recommend approval of acceptance of the Final Resurvey Report and its recommendations including the changes of historic classification for 5 properties within the Nassau Street Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Final Resurvey Report for the Nassau Street Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated March 4, 2009; and WHEREAS, the City Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Commission of the City of Delray Beach has conducted a duly noticed public hearing in regard to the adoption of the Final Resurvey Report for the Nassau Street Historic District. 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 Final Resurvey Report for the Nassau Street Historic District is included as Attachment A. Section 3 That the properties listed in Attachment B are hereby classified 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 4 That Section 4.5.1, "Historic Preservation Sites and Districts" Subsection (L), "Designation of Historic Districts", Sub-subsection (1), "Nassau Street" of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (1) NASSAU ~`~~T PARK which consists of Lots 2-19 of Nassau Park, as recorded in Plat Book 16, page 67 of Palm Beach County, Florida, Lots 1-12 of Wheatley Subdivision, as recorded in Plat Book 16, page 98 of Palm Beach County, Florida; and Block E, Lot 4 and Block F, Lot 1 of John B. Reid's Village as recorded in Plat Book 21, page 95 of Palm Beach County, Florida. Section 5 That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 6 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 7 That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 200 MAYOR ATTEST: City Clerk First Reading Second Reading ~ ~ ATTACHMENT A ~~ r a 3 ~ ` ~ ~ ~ tk--.~ ,~ - r ~ ~ _ _L~ ~~ s si ~ ~ ~ ~ ~- • ~ • _ -i - - -~ T _ • ,. ~` w ' . ~ ~ ~ ~ :~ NASSAU PARK HISTORIC DISTRICT HISTORIC SURVEY REPORT INTRODUCTION The City of Delray Beach has retained the firm of R.J. Heisenbottle Architects, P.A. (RJHA) to resurvey four areas within the city previously listed on the Local Register of Historic Places as Historic Districts. The four areas to be studied are Del-Ida Park, Nassau Park, Old School Square, and West Settlers Historic Districts. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts that wil(provide the following information: • Historical overview of the district • Review existing criteria for determining contributing and non-contributing structures + Recommendations on extending Periods of Significance, where appropriate, within the district • Update Florida Master Site File forms for previously recorded structures • Prepare new Florida Master Site File forms for previously unrecorded structures • Prepare maps and photographs for all sites within the district The survey will be conducted for all structures that are thirty-five (3S) years or older. Information will be provided in both digital and paper format. This Survey Re o~rt covers the Nassau Park Historic District, originally designated in 19$8, after one of the most historically and architecturally significant houses in the area ("Seawinds" located at 234 South Ocean Boulevard) was demolished. At the time of designation the 50 year threshold for considering structures as contributing barely covered the original development period for Nassau Park (1935-1941). This report will review and make recommendations whether there is justification for extending the current Period of Significance as a tool for determining historical signifcance. BOUNDARIES The Nassau Park Historic District is clearly defined by the original boundaries of the development, the first planned residential development south of Atlantic Avenue and east of the lntracoastal Waterway. The district extends for two blocks along Nassau Street, from Venetian Drive to the west, to South Ocean Boulevard to the east. It includes single family residences within three separate subdivisions-John B. Reid's Village, Wheatley's and Nassau Park, from west to east. The district boundaries have become even more clearly defined as the surrounding area's density continues to increase with the construction of higher density, multi-family structures. 2 ..,.aa ~ 4 k ~ .. _ ~~ - - - ~ - 1 1 ~~ i r i 1 ., ~a ~ a ~ ~ ~ ; ..,,. •~ :rt---_ ~- ~~~ . . '-~__ °~ r - ^ .~~~ CONTEXT The Nassau Park Historic District consists of two blocks located in Delray Beach east of the Intracoastal Waterway and three blocks south of Atlantic Avenue, lying between Venetian Drive and South Ocean Boulevard. Its close proximity to the beach and to the downtown area of Delray Beach has made this a highly desirable neighborhood since it was originally conceived in 1935 as the first planned residential development south of Atlantic Avenue. The increasing development pressure that surrounds the Nassau Park Historic District contributes to its present day desirability, steadily rising property values and sense of urgency to preserve this small residential community as one of the few remaining historic enclaves representative of the early days of life in Delray Beach. It is important to note that the Period of Significance identified in the Nassau Park Local Register Historic District Designation Report coincides with the date of construction of the original structures of the Nassau Park residential development (1935-1941). The Period of Signifcance was later extended to 1943, but only five houses were built after that date, one in 1949, three in the 1950s and one in 19b4. Although the Nassau Park Historic District Designation Report, prepared in 1988, lists these later houses as being without historic significance, it also paints out that they do not adversely affect the aesthetic profile of the street. One reason why the Designation Report identifies the later houses as being without historic significance is that they had not achieved the fifty year threshold generally required as one of the criteria for historic designation at the time when the report was prepared. One of the objectives of the Delray Beach "Resurvey of Four Local Register Historic District" project is to expand the Period of Significance so that structures that are thirty five (35) years or older may be recorded in the Florida Master Site File, thus providing a "cushion" for this data base to 6e up to date when considering structures' eligibility for listing as "contributing" within designated historic districts. After careful study of the buildings within the district boundary, it is our recommendation that the Period of Significance should be extended up to 1964, the date when the last of the single family residences in the Nassau Park Historic District was built. In observing the development patterns of Delray Beach and particularly of those areas surrounding the Nassau Park Historic District, it becomes evident that no substantial development changes took place from the Resort Era of the 30's and 40's decade until the latter part of the 1960s and early years of the 1970s. Whether along the commercial areas such as Atlantic Avenue or in the single family residential areas such as Nassau Street, buildings were predominantly of small scale, low rise construction. The Delray Summit Apartments, built at 1000 Lowry Street in 1965 and the Barrton Building, constructed along the Intracoastal Waterway in 1971, are among the first multi-family high rise structures in Delray Beach. Although it is true that these buildings paved the way for a new large scale development trend in the community, this trend had not quite started by the recommended 1964 cut-aff date for the Period of Significance and its impact on the Nassau Park neighborhood was nowhere to be found yet. 4 Just Iike the development trend in Nassau Park remained constant from the 1930s through the 1960s, albeit slower after the initial construction boom, so did the overall building typology. Although the few houses constructed between the 1950s and the 1960s may lean more towards the Ranch Style popular in those years or towards a simple masonry vernacular type, their use of scale, setback and materials still convey a cohesive architectural aesthetic within the district. The dramatic contrast of the larger scale development that currently surrounds the Nassau Park Historic District further reinforces that the architectural and contextual significance of this compact, single-family residential area, is the result of the "tout ensemble" of structures contained within the district's boundaries, including those of later construction date. Therefore, all the single family residential units built in the two block stretch of Nassau Street between 1930s and the 1960s are recommended to be considered as contributing structures to the Nassau Park Historic District. HISTORICAL SIGNIFICANCE The continuous period of settlement and development of Delray Beach traces back to 1894 when William S. Linton, U.S. Congressman from Saginaw, Michigan, purchased a half section of land in the area we know today as Delray Beach from the original homesteaders. Mr. Linton, encouraged by the development opportunities that Henry M. Flagler's extension of the Florida East Coast Railway brought to the South Florida area, started a settlement, recorded the town plat and named the town after himself. But soon after, when a hard freeze devastated the local crops, Mr. Linton fell on hard times and defaulted on his land payments. Some of the early settlers left, while W.W. Blackmer rallied those who remained and renamed the town Delray, after a section in his hometown of Detroit, Michigan. During the early years Delray developed as an agricultural and fishing community, aided by the railroad that facilitated transport of crops to points north. Pineapples and tomatoes were big contributors to the early local economy. Delray received many bloc ribbons at the Palm Beach County Fair for its produce, and in fact, during a Fourth of July parade in 1914, the town sported a float dressed up as a giant tomato. The lure of the warm climate and beautiful beaches soon began to attract visitors to the town of Delray. In 1902 the Chapman lnn opened as the first building dedicated to hotel use. In 1911, after the Bradshaw family relocated to Delray from their native Kentucky, they began renting rooms to fellow Kentuckians arriving to settle or to visit. Their house became known as the Kentucky House. By 1920 the Bradshaw family had expanded their operation to a full fledged hotel. But it was the real estate boom of the 1920s that had the most profound impact in turning Delray into a resort town. Eight new hotels, among them the Alterep, later renamed the Colony, the Seacrest, and the Casa Del Rey, became destination places for visitors from up north. While tourism was claiming an important role in the local economy, the town was also attracting a new breed of prominent seasonal residents, who made Delray their winter home. In 1927 the town of Delray and the town of Delray Beach merged and incorporated as the City of Delray Beach. The permanent population grew to about 2,000; a new high school was built, along with places of worship, theaters, golf and polo sports clubs, and commercial establishments. Delray Beach clearly left its imprint on the Florida map during the 20s decade. Although the Stock Market Crash and the Great Depression were felt in Delray Beach like elsewhere during the 1930s, the blow was lessened by the fact that the community had developed a strong colony of winter residents who kept coming back. These were not the very wealthy of Palm Beach who may have been hardest hit by the Depression, but rather a group of artists, writers, entertainers, sports figures and socialites who could afford, and looked forward to, a winter getaway from the hard realities of the times. This resulted in a surge in new construction of fairly modest residential and commercial buildings. While Delray Beach was ranked 50th in population in Florida during the 1930x, it was also ranked 10th in the state In neW COrlstrUCtlOn. One of the areas that flourished during the 1930s was Nassau Park. Originally platted as Asbury Park Heights, it was renamed Nassau Park in 1935 by developer R.C. McNeill, who commissioned architect Sam Ogren, Sr. to design the first house, located at 234 South Ocean Boulevard in 1935, now demolished. Sam Ogren Sr. was recognized as the mast prominent early architect in Delray Beach, for his designs of the 1925 High Schaal and Gymnasium at Old School Square, the Arcade Building on Atlantic Avenue and Marine Villas in the Marina Historic District. Ogren Sr. is referred to as the "Father of Delray Beach Architecture". Barn in 1899 in China, Ogren Sr. had no formal architectural training, yet he was a registered architect who went on to design over 200 local buildings, mostly in the Spanish and Mediterranean Revival style. Considered to be the first planned residential development south of Atlantic Avenue, Nassau Park's close proximity to the beautiful sandy beaches and the charming, simple yet stylish architecture of its small scale houses made this neighborhood highly desirable and successful from its inception. A newspaper article from the Delra Beach News dated February 1, 1935 for Ray-Del Realty Co. describes Nassau Park as "West Indian Charm Along Delray Shares". The ad further proclaims "We will build to suit your own needs, charming Nassau cottages, designed by our own architects, containing two and three bedrooms at costs amazingly moderate". Although it does not specifically name Samuel Ogren Sr. as the architect, since he was contracted to design the house at 234 South Ocean Boulevard which served as the model, it is possible that Ogren Sr. may have been involved in the design of the other houses in the original development. Eighteen houses were built between 1935 and 1941. Four additional houses were built after the initial planned development phase, two during the 1950s and two during the 1960s. The original houses were simple cottages and have been described in the "Nassau Park Historic District Designation Report" as inspired by the Colonial-Cape Cad Revival Style (See Architectural Significance Section). The Designation Report best describes Nassau Park as evoking "a memory of prosperity, pleasure, leisured relaxation and style which was the essence of 1930s life in Delray Beach". b ' r- - r ~~ ~; N.'-yam:. "SEAWINDS". 234 SOUTH OCEAN BOULEVARD. 1935 FIRST HOUSE IN NASSAU PARK The fve houses built in Nassau Park in subsequent years did not follow the same exact architectural style of their prcdccessars. Yet their scale, setbacks and materials allow them to blend into a harmonious whale, all of them pieces of the same fabric that distinguishes this neighborhood from the rest of its rapidly changing surroundings. The stability of the area is most notable, having escaped after over seventy years since its creation with hardly any of the original buildings being demolished or new intrusions being added. One of the original houses dating back to 1935, located at 234 South Ocean Boulevard, was demolished in 1988 to make room for a much larger multi-family residential structure. This action could have signaled the end of Nassau Park as a single family residential neighborhood by bringing about a domino effect of new development and construction. lnstead, that single demolition became the rallying cry that resulted in the designation of the Nassau Park Historic District. Today the area is flourishing and most of the small quaint cottages have undergone substantial rehabilitation by caring owners who appreciate the historic value of their properties. This in turn has resulted in a marked increase in property values for the neighborhood, which is still, or again, like in its heyday, one of the most desirable places to live in Delray Beach. 7 ~~ ones by combining a two story mass with a smaller one story wing or extension, thus breaking down the overall size of the structure. The five houses that were built subsequent to the original development for the most part digressed from the Cottage style in favor of a more generic 1950s Ranch-inspired vernacular. The house located at 1009 Nassau Street is an exception. It is the last house to be built within the district boundaries, yet its design is a fine example of the small scale cottage design that characterizes the original structures in the district. The residences located at 235 Venetian Drive and at 1010 Nassau Street, however, are fine representatives of the trend toward the Ranch style of construction, while maintaining the cohesive typology of the overall district. Similarly, the houses have undergone alterations and additions over the years without significantly detracting from the visual character and intent of the original development. The house located at 1109 Nassau Street is set back in the property, and a two story garage structure was built on the front portion of the lot. Although the appropriateness of this addition may be questionable due to its location on the site, it is still well integrated with the streetscape by the use of materials and details, including the use of a second story balcony with wooden railings that softens the overall appearance of the new structure. In spite of stylistic variations, alterations and additions, the single family residences that comprise the Nassau Park Historic .District maintain and contribute to the sense of place of the neighborhood by their cohesiveness of scale, setbacks, use of materials and overall character. It is that sense of place that makes the Nassau Park Historic District special. This series of cottages are clearly distinct from anywhere else in Delray Beach. Other historic districts provide glimpses of the city's past through the architecture within their boundaries. Thus one can encounter examples of pioneer era frame vernacular structures such as the Sundy House and the Clark House, the Bahamian style Cathcart House, or a 1920s bungalow all within a short distance of each other along Swinton Avenue. Or even in sharper contrast may be fine examples of the Mission style and the more ornate Mediterranean Revival style just around the corner. This variety of styles lends a richness and historical continuity to the city's fabric. But in the carnpact, two-block-long stretch of the Nassau Park Historic District one steps back to one specific point in place and time-1930s beachside residential resort living in Delray Beach at its finest. ' RECOMMENDATIONS It is recommended that the Period of Significance for the Nassau Park Historic District be extended to 1964, to include the five additional structures built during the 1950s and 1960s decades. When the district was originally designated in 1988 many of the structures had barely achieved the 50 year threshold to be considered as "Contributing" under generally accepted criteria for historic designation. Twenty years later, the district maintains its historical and architectural integrity. Only one of the original structures has been demolished and no new construction other than the multi-family development located at 1180-1190 Nassau Street that replaced the demolished house has gone into the designated area. Although the five structures subsequent to the original development are not exactly built in the same architectural style, they are nevertheless single-family residences, consistent and compatible in scale, setback and materials with the overall character and intent of the original development. The recent development trend towards multi- family residential structures that surrounds the Nassau Park Historic District reinforces by contrast the 9 cohesiveness of the district and justifies deeming all of the single-family residences within the district boundaries as "Contributing Structures". When the Nassau Park Historic District was officially designated through Ordinance #97-87, a scrivener's or typographical error listed it as "Nassau Street Historic District". The historically accurate Warne and original intent of the historic district designation was always for the name to be recorded as "Nassau Park Historic District". 1t is, therefore, recommended that the above-referenced ordinance be amended to show the official name of the designated district as "Nassau Park Historic District". 1t is our professional opinion that the locally designated Nassau Park Historic District is potentially eligible for listing as a National Register Historic District. 1t is recommended that the City of Delray Beach consider undertaking the preparation of a National Register Historic District Nomination Proposal for Nassau Park Historic District. The existing level of documentation on the Florida Master Site File forms and an the Local Register Designation Report will need to be reinforced far a National Register nomination proposal. Additional information on the developers, architects and original owners will be necessary to make the district eligible for National Register listing, but the district's unique, fairly intact qualities will only increase its significance both under local and national eligibility criteria with the passing of time. SOURCES • Florida Master Site Files. Delray Beach. • Historic Sites Files. City of Delray Beach Planning Department. • Delray Beach Historic„Sites SurveX. By Jahn P. Johnson. Historic Palm Beach County Preservation Board. July 1987. • Nassau Park Historic District Desi nation Re ort. 1989. • Delray Beach Property Appraiser's Records. + Delray Beach Historical Satiety files. • Historical Society of Palm Beach County files. • Delray Beach. Postcard History Series. By Dorothy W. Patterson and Janet M. DeVrics.2008. Arcadia Publishing. • "The Delray Bcach Style". By Dorothy W. Patterson, Archivist. Delray Beach Historical Society. 1999. • "Delray Beach Lifestyles - 1915 to 1935". By Dorothy W. Patterson, Archivist. Delray Beach Historical Society. 2006. • Sam Ogren Sr. Obituary. Palm Beach Post. February 22, 1988. • Sam Ogren Sr. Obituary. The Miami Herald. Februa 22 1988. • Newspaper Advertisement. Delray Beach News. February 1, 1935. 10 APPENDIX A LAST OF SURVEYED RESOURCES 11 ~i 8 x x sc u ~ ca ~ ~ ~ ~ ~ ~ x x x x x ~c x x x ~ ~ x ~ rc ~ x .... ~ ~ ~ .a ~ ~ ~ ~ L1'~ ~ ~ ~ t~ ~ ~ _ ~ ~ ~ ~ _ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' r r ~r +- w 'r ~ ~ ~ ~~ 12 APPENDIX B MAP OF SURVEYED RESOURCES 13 1 r • ! 7 ;~ 1 L t~ Ordinance 13-09 Attachment B Nassau Street Historic District Property Classification List Address Classification Year Built Style 1009 Nassau Street Contributin 1964 Cotta e 1010 Nassau Street Contributin 1956 Ranch 1015 Nassau Street Contributing 1938 Cottage 1018 Nassau Street Contributin 1938 Cotta e 1019 Nassau Street Contributin 1939 Cotta e 1022 Nassau Street Contributin 1938 Cotta e 1023 Nassau Street Contributin 1935 Cotta e 1026 Nassau Street Contributin 1956 Mason Vernacular 1027 Nassau Street Contributin 1938 Cotta e 1029 Nassau Street Contributin 1941 Cotta e 1030 Nassau Street Contributin 1939 Cotta e 1101 Nassau Street Contributin 1937 Cotta e 1104 Nassau Street Contributin 1935 Frame Vernacular 1109 Nassau Street Contributin 1937 Cotta e 1112 Nassau Street Contributin 1935 Frame Vernacular 1119 Nassau Street Contributin 1936 Cotta e 1120 Nassau Street Contributin 1938 Cotta e 1122 Nassau Street Contributin 1938 Cotta e 1127 Nassau Street Contributin 1936 Cotta e 1160 Nassau Street Non-Contributin 1993 1170 Nassau Street Non-Contributin 1993 1180 Nassau Street Non-Contributin 1993 1190 Nassau Street Non-Contributin 1993 226 South Ocean Boulevard Contributin 1935 Cotta e 226 South Ocean Boulevard Contributin 1935 Cotta e 229 - 231 Venetian Drive Contributin 1949 Mason Vernacular 235 Venetian Drive Contributin 1950 Ranch 1/1 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: March ll, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 17, 2009 ORDINANCE NO. 13-09 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 13-09 which adopts the recommendations of the Nassau Street Historic District resurvey report, including expansion of the Period of Significance to 1964, reclassification of 5 properties, and correction of the district's name. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Street, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non-contributing buildings and structures. An historical overview of each area was provided in the final report. The City Commission reviewed the following recommendations of the final survey report for the Nassau Street Historic District at its workshop on February 10, 2009: That the Period of Significance (POS) be extended to 1964 (currently spans 1935 to 1943); That listing on the National Register of Historic Places (NRHP) be sought for the entire district; and, That Ordinance 97-87 be amended to correct the name from Nassau Street Historic District to Nassau Park Historic District. Ordinance 13-09 provides for the POS extension to 1964, the reclassification of 5 properties, and the name change from Nassau Street Historic District to Nassau Park Historic District. Additional analysis is contained within the attached HPB Staff Report. Ordinance 13-09 also contains two attachments: Attachment A -Nassau Street Historic District Resurvey Report, and Attachment B -Nassau Street Historic District property list including dates of construction, architectural styles, and classifications. The recommendation for listing on NRHP will be explored in the coming months and, if supported, will be adopted by a separate Ordinance. REVIEW BY OTHERS The Historic Preservation Board (HPB) reviewed Ordinance 13-09 at its March 4, 2009 meeting where a recommendation of approval was made, on a vote of 6-0. RECOMMENDATION Approve Ordinance 13-09, for the adoption of the resurvey report including the expanded Period of Significance, reclassification of 5 properties, and name correction to Nassau Park Historic District. HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 4, 2009 ITEM: CONSIDERATION OF ORDINANCE 13-09 PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF NASSAU STREET HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1964 AND RECLASSIFYING 5 PROPERTIES FROM NON-CONTRIBUTING TO CONTRIBUTING. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding Ordinance 13-09 providing for the acceptance of the resurvey report of Nassau Street Historic District including extension of the Period of Significance (POS) to 1964, and reclassifying 5 properties from non-contributing to contributing, pursuant to Land Development Regulations (LDR) Section 4.5.1(N), Criteria for Change of Historic Classification and 4.5.1(0), Procedures for Change of Historic Classification. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Street, Old School Square, and West Settlers Historic Districts from July 2008 -January 2009. The objective was to survey all properties developed at least thirty-five years ago within each of the aforementioned districts and to identify those which contain both contributing and non- contributing buildings and structures. A historical overview of each area was provided in the final report. The City Commission reviewed the recommendations of the final survey report for the Nassau Street Historic District at its workshop on February 10, 2009. The final report to be adopted is for the Nassau Street Historic District. The recommendations are as follows: That the Period of Significance* (POS) be expanded to 1964, which would reclassify the following properties from non-contributing to contributing: Property Address Date Style 1009 Nassau Street 1964 Cottage 1010 Nassau Street 1956 Ranch 1026 Nassau Street 1956 Masonry Vernacular 229-231 Venetian Drive 1949 Masonry Vernacular 235 Venetian Drive 1950 Ranch * The current Period of Significance spans from 1935 to 1943 • That listing on the National Register of Historic Places be sought for the entire district. • That Ordinance 97-87 be amended to correct the name from Nassau Street Historic District to Nassau Park Historic District. Period of Significance The resurvey report notes that since its 1988 designation, the Nassau Street Historic District has maintained "its historical and architectural integrity." The recommendation to extend the Period of Significance to 1964 has been justified in that it includes the later (eligible) development within the district. The development trends remained constant from the 1930s through the 1960s, as did the overall building typology. Although the few houses constructed between the 1950s and the 1960s may lean more towards the Ranch style popular in those years, the new structure's use of scale, setback, and materials still conveyed a cohesive architectural aesthetic within the district throughout the new POS. The POS extension would change the classification of five properties currently deemed non-contributing, which were constructed from 1949-1964. In addition, the report notes that the "cohesiveness of the district" is reinforced by the contrasting multi-family residential structures that surround the district. National Register of Historic Places (NRHP) Listing on the NRHP would provide additional recognition for the district, and additional review criteria or restrictions would not be placed on those properties located within the boundaries. While City Staff may proceed with an application for listing on the NRHP, research and application preparation assistance will be needed by residents within the district, or other interested parties. The application for listing would be processed via recommendation of support by the HPB to the City Commission. The HPB review should include property owners within the district as a way of keeping them informed and involved, and should occur prior to completion and submittal of the application. Once the application is submitted to the State Historic Preservation Office (SHPO) for review, a letter or newspaper advertising will be provided, at which time a property owner will have the opportunity to formally support or object to the listing. Name Correction Ordinance 97-87 refers to the Nassau Street Historic District while the designation report refers to the more widely recognized name of Nassau Park Historic District. The survey recommends it be referred to as only the Nassau Park Historic District. This correction is provided for in the attached Ordinance, with the correction being made to the LDRs. Ordinance 13-09 includes Attachment A, the Final Report for the Nassau Street Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. Consideration of Ordinance 13-09 is now before the Board for review and recommendation to the City Commission. r ANALYSIS Pursuant to LDR Section 2.2.6(A), a Historic Preservation Board for the City of Delray Beach is hereby created. The purpose 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 Nassau Street Historic District complies with this requirement. LDR Section 4.5.1(N), Criteria for Change of Historic Classification (1) A survey of all historic districts maybe 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. (b) Criteria for Change of Historic Classification: If a City-initiated survey conducted within the last five (5) years reveals that a property within a historic district should be reclassified as either contributing or non-contributing, then the classification may be revised in accordance with LDR Section 4.5.1(0) and shall be determined as follows: 1. The survey recommends the inclusion of an additional "Period of Significance', which would reclassify properties from non-contributing to contributing, or; 2. The survey recommends that a property or properties have been so significantly altered that the changes are irreversible and have compromised the structures historic integrity of the structure, which would reclassify the structure from contributing to non-contributing. STAFF COMMENT: The subject survey meets the criteria for change ofi historic classification as it was conducted within the last 5 years (complete January 2009), and the survey recommends that the Period of Significance be adopted which would reclassify 5 properties from non-contributing to contributing. Therefore, the reclassifications of the aforelisted properties may be reviewed. LDR Section 4.5.1(0), Procedures for Change of Historic Designation and/or Classification (2) Procedures far Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Historic Preservation Board and maybe initiated by written request of.• (a) The Historic Preservation Board based upon the recommendations of a City- initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (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: (b) Change of Historic Classification: 1. Analysis of the properties to be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due to either: a. loss of historic integrity as a result of irreversible alterations to a contributing property; or b. inclusion of an additional "Period of Significance" per the survey recommendations. STAFF COMMENT: It has been determined that the subject request conforms with Section 4.5.1(N)(1), and the recommendations have been justified within the report with respect to the expansion of the POS to 1964. The information has been provided and reviewed by Staff and deemed to be complete. The properties recommended for reclassification were developed between 1949 and 1964 and have become a part of the historic Nassau Street streetscape. While they differ from the architectural style of the original development, they are compatible and illustrate the development typology of their time. Staff recommends that the POS expansion be accepted. Staff also recommends that the City support the application of the Nassau Park Historic District (name modified per subject Ordinance) to the NRHP with application preparation assistance provided by residents and interested parties, as well as the name clarification/change from Nassau Street to Nassau Park, REC®MMENI~ATION Recommend approval to the City Commission of Ordinance 13-09 providing for the reclassification of 5 properties from non-contributing to contributing, preparation of an application for listing on the National Register of Historic Places, and change of the name from Nassau Street to Nassau Park Historic District. Prepared by: Amy E. Alvarez, Historic Preservation Planner Attachments: Nassau Street Historic District Map Ordinance 13-09 and Attachments A and B MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: Apri12, 2009 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 18-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations Section 4.6.9 (C)(6) (e) pertaining to conditional uses allowed in the MROC zoning district. BACKGROUND The City has received an inquiry from Kaplan University about opening an instructional center with 20- 30 students in the Congress Avenue corridor within the Mixed Residential Office and Commercial (MROC) zoning district. The university has a specific interest in occupying a portion of the Sun Sentinel office building at the south end of town. While allowing educational facilities was originally discussed during the creation of the new MROC zoning district, it was not included as either a Permitted or Conditional Use. Given the potential range of impacts the broad category of educational facilities could create, this amendment would codify the use as a Conditional Use within the district vs. a permitted use. The Conditional Use process would allow applications to be considered on a case by case and site by site basis. The amendment includes language specifing the development standards and supplemental regulations for the use. The Planning and Zoning Board initiated the amendment at their February 23, 2009 meeting on a 7-0 vote. The amendment adds the specific use of educational facilities, training centers and vocational schools as a Conditional Use. To establish the use a request for conditional use approval will be processed pursuant to LDR Section 2.3.5.(E)(3). The amendment includes an additional reference to associated parking requirements added under Section 4.4.29 that is currently noted in LDR Section 4.6.9 (C)(6)(e). This additional reference is proposed in the MROC zoning district under LDR section 4.4.29 (H) to be consistent with how parking requirement for other uses are handled within the same district. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Halberg absent and Perez resigned), by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. RECOMMENDATION By motion approve the City-initiated amendment to Land Development Regulations to add educational facilities, training centers and vocational schools as a conditional use 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 in LDR Section 2.4.5(M)(5). ORDINANCE NO. 18-09 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 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION 4.4.29(E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO ALLOW EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS AS A CONDITIONAL USE WITHIN THIS ZONING DISTRICT; AMENDING SUBSECTION 4.4.29(H) TO SPECIFY PARKING REQUIREMENTS FOR EDUCATIONAL FACILITIES, TRAINING CENTERS AND VOCATIONAL SCHOOLS WITHIN THE MROC ZONING DISTRICT; PROVIDING A SAVING CLAUSE, A GENER.AI_. 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 March 16, 2009 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 1633174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agenc~~, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the CitS~ Commission of the City of Delra~~ Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the CitS~ Commission of the City of Delra~~ 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 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection 4.4.29(E), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereb~~ amended to read as follows: (E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gymnasiums, and exercise facilities which are open to the general public (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 433(vv). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (61 Educational Facities_ training centers_ and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to tomes of uses, except for parking, which shall be pursuant to Section 4.4.29(H~(8). Section 3. That Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection 4.4.29(H), "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 hereb~~ amended to read as follows: (H) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: (1) The perimeter buffer shall be landscaped to provide a boulevard effect along Congress Avenue. (2) The parking requirement for restaurants is established at twelve (12) spaces per 1,000 square feet of gross floor area. (3) The parking requirements for residential units in multi-famil~~ structures or mixed- use buildings shall be as follows: • Efficienc~~ dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom dwelling unit 2.00 spaces/unit • Two or more bedroom dwelling units within 2 ORD. NO. 18-09 1000' of a Tri-Rail station 1.5 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit (4) The parking for commercial uses shall be 4.5 spaces per 1,000 square feet of gross floor area. (5) The parking for business and professional office uses shall be 4 spaces per 1,000 square feet of net floor area up to 3,000 sq.ft. and then 3.5 spaces per 1,000 sq.ft. of net floor area over the initial 3,000 sq.ft. (6) The parking for Medical office uses shall be 5 spaces per 1,000 square feet of gross floor area. (7) The parking for governmental uses shall be as outlined in LDR Section 4.6.9.(C) (8) The parking for educational facilities, training centers and vocational schools shall be as outlined in LDR Section 4.6.9~C (6~ 1(el. (~ 9) For mixed-use developments, the shared parking formula under LDR Section 4.6.9(c)(8) can be utilized. (~3 10) Guest parking spaces must be accessible to all visitors and guests and may be centralized or located near recreational features within a development project. 0911) Parking adjacent to Congress Avenue: Parking shall be located to the rear of buildings having direct frontage along Congress Avenue. To that end no surface parking shall be located between buildings and Congress Avenue. Notwithstanding the above, relief to this requirement can be granted to accommodate pre-existing conditions. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 3 ORD. NO. 18-09 Section 6. That this ordinance shall become effective immediatel~~ 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 CitS~ Clerk First Reading Second Reading MAYOR 4 ORD. NO. 18-09 Page l of 3 Judy De~eau From: Judy Deveau [{deveau@levyrai.com] Sent: Thursday, January 08, 2009 '1 x:34 AM To: 'Vinci, Michael' Cc: 'Alan Levy'; 'drosenthal@levyrai.com' Subject: Request for add'1 information -Kaplan University Michael, Below is a description of Kaplan University's intended operation. This location would be an lnstructianal Center with 20-30 students. if you need any additional information please let me know. The purpose of the KU sites is to have a physical presence in markets where KU has concentrations of online students. The students will be introduced to online degree programs by taking initial courses at the center as well as having access to support services which are all handled via call center today. The goal is to improve student conversation, retention and persistence rates as well as extend the brand name via signage in each market. The KU sites should have the Took and feel of corporate office location within an "A" class building. l~: the targeted students demographic is generally white collar professionals who are looking €or a bachelors or masters degree, are in their mid to upper 20s and 30s, and are looking far an educational setting that reflects the environment where they hope to advance to in their careers. There are two types of locations: _ . Instructional Centers are the larger of the two facilities types and are considered the main location within a given market and Service Centers are considered satellite locations. . Service Centers are the smaller of the two facilities types and are considered the secondary site within a given market. They are for the purpose of administrative services and marketing in downtown bcations where there is heavy pedestrian traffic and high concentrations of existing and active students. The students and staff will occupy both center types after 6:00 PM during weeknights and on Saturdays. Instructional Centers . 7,000 to 8,000 SP in size that can hold 3 to 4 classrooms . First Floor space; but may have some upper fbor class room space as a secondary preference . signage only on building with freeway visibility Private ground floor entrance if possible with entry sign . Courtyard) campus feel if available . Iwasy access to site and a identifia>Jle location ie; located near a well luiown development or intersection Located within or near businessloffice parks Service Genters . 3,000 SF with potential far one classroflm . First floor space with street level retail signage and street entrance if passible . Available conference space for holding classes a preference Located near large corporatelretail centers that have high-volume foot traffic where current and potential users can "walk" by the center . Can be in any type property if in right location Preference for having parking with negotiafed discounts 1 /15/2009 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: Apri12, 2009 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 WAIVER OF BIDDING REQUIREMENTS/PIPE LINING OF THE 16" INTRACOASTAL CROSSING ITEM BEFORE COMMISSION Consider approval of a waiver of the requirements of Chapter 36 of the City Code of Ordinances, "Bidding Requirements and Procedures", for the pipe lining of an out of service 16" Intracoastal Crossing. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area 11A Reclaimed Water System project, PN 2008-048. BACKGROUND In the Fall of 2002, the City installed a new 16" force main crossing the Intracoastal Waterway to supplement the aging 16" ductile iron raw sewage force main that transfered all of the sewage flows from the barrier island to the mainland and wastewater treatment plant. The old line dates to the late sixties/early seventies and has never been out of service for maintenance or inspection. The new line has been in service since its installation and the old line was taken out of service. The old 16" ductile iron force main is currently programmed for use in our barrier island reclaimed water project to transmit irrigation flows to the barrier island. Due to the age and anticipated condition of the pipe, it needs to be lined to ensure that it will operate adequately at the higher system pressures in the reclaimed transmission main. There are essentially two reliable methods of pipe lining available for this work. A deformed pipe or "U" Liner which is a fairly rigid liner that is reshaped in the old pipe by mechanical means, and a Cured In Place liner which is a flexible bag that is dragged through the pipe and expanded to conform to the inside of the old pipe using steam and injected resin. The deformed liner product is not practical for use in this instance because of the size of the pipe and the fittings through which it would have to be pulled. In addition, there is some question as to whether this liner, which is generally used for gravity applications, will withstand the higher operating pressures of the reclaimed transmission main. During specification development, staff identified only one vendor, Insituform Technologies, Inc., with a lining product capable of withstanding reclaimed tranmission system operating pressures. In view of the time constraints for project completion associated with our South Florida Water Management District grant, and the limited availability of viable lining processes capable of conforming with hydraulic pressure requirements, staff is requesting a waiver of the requirements of Chapter 36 of the City Code of Ordinances, "Bidding Requirements and Procedures", to allow the award of a lining contract for the old 16" intracoastal crossing to Insituform Technologies, Inc. RECOMMENDATION Staff recommends approval of a waiver of the requirements of Chapter 36 of the City Code of Ordinances, "Bidding Requirements and Procedures", for the contract for pipe lining of an out of service 16" Intracoastal Crossing. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FROM THE CITY'S BID REQUIREMENTS REGARDING THE AWARD OF A CONTRACT TO INSITUFORM TECHNOLOGIES, INC. ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request has come before the City Commission on April 7, 2009 where the City is requesting a waiver to Section 36.02 of the Code of Ordinances, that requires the acquisition of services above a certain dollar amount must be obtained by competitive bid. 2. City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to Section 36.02 of the Code of Ordinances. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to Section 36.02(D) of the Code of Ordinances, acquisitions greater than $15,000.00 must be obtained by the formal bid process. The City has requested a waiver to this requirement based upon the limited availability of viable pipe lining processes and time constraints. Should the waiver of Section 36.02(D) to allow the City to award a contract to Insituform Technologies, Inc. without going through a formal bid process be granted? Yes No _ 3. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 4. Based on the entire record before it, and a determination that it is in the best interests of the City, the City Commission approves denies the waiver request to Section 36.02 of the Code of Ordinances. 1 5. Based on the entire record before it, the City Commission hereby adopts this Order this 7th day of April, 2009, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 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: March 4, 2009 SUBJECT: AGENDA ITEM 10.C1 -REGULAR COMMISSION MEETING OF APRIL 7, 2009 CONTRACT AWARD/INSTITUFORM TECHNOLOGIES, INC. ITEM BEFORE COMMISSION Approve a contract award to Insituform Technologies, Inc. in the amount of $164,303.00 for lining the abandoned 16" force main under the Intracoastal Waterway, and approve waiving the City's bonding requirement for the project. The pipe will be used as a reclaimed water transmission main to the barrier island as part of the Area 11A Reclaimed Water System project, PN 2008-048. BACKGROUND In the Fall of 2002, the City installed a new force main crossing the Intracoastal Waterway to replace the aging (40 plus year old) ductile iron force main pipe. The new pipe, a 16" high density polyethylene pipe installed via directional drill method, was installed a few feet from the old; from the north end of Veteran's Park to Lowry Street. Since then, the new line has been in service with the old line abandoned in place. The old abandoned line will now be utilized as a reclaimed water transmission main serving the Barrier Island. However, to insure the pipe's integrity, it must be lined. The City solicited quotes from vendors performing pipe lining work; Insituform Technologies, Inc., Chaz Equipment Co. Inc. (Ultraliner product), and SAK Construction. Insituform presented a quote in the amount of $164,303.00. The U1traLiner product proposed by Chaz Equipment could not meet the project's specification and SAK Construction did not quote the work. Insituform's product meets all project specifications. Therefore, staff recommends award to Insituform Technologies, Inc. for lining the abandoned intracoastal crossing. Insituform has performed satisfactorily on previous maintenance type projects and currently has an active annual contract with the City for pipe lining sewer mains. Staff also requests a wavier of the City's bonding requirement for this specialty work. All work will be performed by the specialty contractor. This project is a single activity job with no subcontractors. The City will receive only one bill once the work is completed. In addition, this is more of a maintenance type activity rather than construction. FUNDING SOURCE Funding is available from 441-5181-536-65.96, Water & Sewer Fund/Other Improvements/Reclaimed Water Transmission. RECOMMENDATION Staff recommends an award to Insituform Technologies, Inc. in the amount of $164,303.00 for lining the abandoned 16" Intracoastal force main crossing for use as a reclaimed water transmission main as part of the Area 11A Reclaimed Water System project, and approve waiving the City's bonding requirement for the project. STANDARD FARM OF AGREEMENT BETVItEEN CITY AND VENDOR THIS AGREEIitIIENT made this day of between the CITY QF DELRAY BEACH (hereinafter called GITY) and 2Q_, by and Insituform Technologies, Inc. {hereinafter called VENDOR). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forEh, agree as follows: 'l. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements; pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY ar€d the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Proposal PAGE NUMBERS ~-4 5 _ 6 7-8 9-'I S7 -1- 4. The term of this Agreement shall commence on the date written above and the work provided herein shall be completed by May 15, 2009. 5. This Agreement shall be governed by the laws of the State of i=larida as now and hereof#er in force, The venue for actions arising cut of this agreement shat! be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses- As to City: City of Delray Beach, 1=L 100 NW 1st Avenue Delray Beach, FL 3344 Attn: Randal L. Krejcarek, P.E. As to VENDOR: Insituform Technologies, Inc. 116 Spanish Moss Lane Ponte Vedra Beach. F'L 32052 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. $, The CITY and the VEND©R each binds itself, its partners, successors, assigns and legs[ representatives to the other party hereto in respect to all convenants, Conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.t30) and other valuable consideration, the VENat31~ 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 _~_ 'S negligence (excluding the sole negligence of the GITY), recklessness yr intentional wrongful misconduct ofi the VENDOR and any persons employed or utilized lay tFre VENDOR in the performance afi this Agreerent. VENDOR agrees that negligent, reckless ar intentiona[ wrongful misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, lasses or costs caused by or an account of the use of any improper materials. VENDOR agrees that negligent, reckless or intentional wrongful misconduct also includes but is not limited #a the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the VENDOR, i#s agents, servants or employees. VENDOR further agrees to defend, indemnify and save harmless the CITY from a[I such claims and flees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnil:lcation provided above shall obligate the VENDOR to defend at its c~wn expense or to provide for such defense, at the GITY'S caption, for any and all claims or liability and all suits and actions afi every name and description that may be brought against the CI'T'Y which may result from the operations and activities under this Agreement performed lay the VENDOR, its agents or employees. This indemnification includes a[I costs arrd fees including attorneys fees and costs at trial and appellate levels. -~- The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specifc consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the t~id price includes said consideration for the indemnification provision. 'f g. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. '1 'l. This Agreement and the documents attached hereto and fisted above constitute the entire agreement between the CITY and the VEN©OR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS 11VHEREOF, the parties hereto have exec€~ted this Agreement, the day and year first above written. ATTEST: City Cleric Approved as to form: City Attorney VIlITNESSES: ~pfease type or print name) (p[ease type or print name) GITY QF DELRAY BEAGH, FLORIDA ey: The Mayor Ma or {please type or print name) VENDOR: fay: (please type or print name) _~_ CORPORATE ACKNOVI/LE©O~iENT ST~ITE 01= COUNTY OF The foregoing instrument was acknowledged before me this day of 2Q , 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) {or has produced identification} and has used hislher (type of identification) as identification. Signature of Persen Taking Acltnc~wledgment Name of Acknowiedger Typed, Printed ar Stamped -~- CERTIFICATE (If Corporation STATE 01= FLORIDA ~ SS coul~r~r o1= > I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation under the laws of the State of held on , 20,~, the following resolution was duly passed and adopted: "RESOI`VED", that , as President of the corporation, helshe is herel3y authorized to execute the Agreement dated , 2Q~, between the City of Delray Beach, Florida and this corporation, and that his execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this corporations. I further certify that said resolution is now in full farce and effect. IN WITLESS WI-IEREQF, I have hereunto set my hand and affixed the o#ficia[ seal of the corporation this day of , 20_. (Secretary} (Seal) -fi- INSURANCE REQUIREMENTS A, GENERAL During the terrn of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs ('I) #o (4) inclusive below. B. OVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the fallowing minimum requirements: 1. Worker's Gampensation -Coverage to apply for all employees for Statutory Lim€ts in compliance with the applicable State and Federal Laws. In addition, the policy must include Employers' Liability with a limit of $'I©0,00© each accident. 2. Comprehensive General Liability -Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) ~/linimum limits of $300,000 per occurrence combined single limit fqr bodily Injury Liability and Property Damage Liability. b) Premises andlar Operations. c) Independent Contractors. d) Products andlor Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy -Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the [nsurance Service Office and must include: a) Minimum Limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) .Owned Vehicles. c) Hired and Non-Owned Vehicles. d) Employer Non_ownership. 4. Certifcate of Insurance -Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shah not only name the types of policies provided. but shall also refer specifically to this bid ar~d section and the above _paragraphs in accordance with which such insurance is being furnished. and shall state that such insurance is required by such aragraphs of this contract. The successful bidder will include the City of Defray ~~- Beach as additional insurer!. ff the initial insurance expires prior to the completion of t#~e work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the works endeavor t©~ and "but failure to mail such notice shall impose no obligation or liability v€ any kind upon the company, its agents or representative" shalt be crossed out as indicated on the attached "sample of insurance Certii`tcate". -s- Fl2QP1 ~~~ ~C~?~(?~E~~ ~i7,~ March 2, x.0{39 SAX i~Q. :9042804562 Mar-. 02 2009 10: [35AM P2 Tei: (S(34} 237-3426 lNDr1~4'6 PifFefins 11S Spanish lUloss Lane FOiI free: {8~0} 533-B3E2 Re}rabitifai'ion Parrte V~dca 8e~ch, FL 32QS2 Fax' (~04} 28(74162 ww,rr-insituform_rorrr I~Ir. ~C4tt `zC3losn.4n Manager ~1Vater and Sewer Neiork City of Llelray Beach 434 . Swit~tort Ave. Delray F3~aclz, F`I. 3:~4A R,e; l G" reuse I,i>t~e Pipe3.ine Recnnstruetiorz -Revised Dear Scutt, tie are plea~e to suhrrlit this propose! to reconstruct tk-e ~ 6" T3IP reuse line using our Fressurc pipe liner System ~PPL). Our propasai includes a 120 psi pressure test for two hours accordz~g to ASTM F'-I216, 'i~Te also Included Ilse entrylexit pits and installing flange adaptors tivith caps per City standard. Up to 75~ If 16" x ~ rim PPL ~ L,urnp Stlttl $1 bA~,:i03.00 Tl~e inns and conditions governing this proposal are as follows: Yrspasal l~cl~,sionss • G'ertificatc of Insitrattce with standard covexage • Pre~i~stallatial~ video inspection recorded on CI3 • Standard cluing oftlte existing pipe prior to instnlladon • Post-in~;~llatiotz video inspection recorded on CIS • Standard one-year warranty . Pry osai Exclusiaas: • PrezniuEns for special insurance coverage regt~ire~~nts • I'ai~~t xepairs of any coIlapsed sections of tlfe existing pipeline ~~ Permits • ~v~~structions access easements DEwatsring of the pipeline prior to past CC.~"I'V 9 FRL~'1 FAX N0. :9~428~4162 Mar. ~ 2f~~9 1~:~6Ai~ P3 Prnnosal 'I;'er~,s; • Payzner~t +~~e witizixt 30 days of completion of the project • Par~i.al monthly payments may be requested • Proposal ~atid far 45 days Lirfnit#ed Wxrra~ai:~ IN i..ICIJ Ol' ALL OTI~R EXI'ItESSED, IMPLIED ANI]IOR STATUTQAY WFiRRANTIE, II~CLUDING WARRAN~'YES OI' MERCIIANTASiL~IT~r AND FITNESS FOR A PARTIC[JLAIt I'UItI?OI~, CONT'I~AC"I'C)R AGRE,IvS TO CC}RREGT ANY ]DEFECT IN TIC 1VIATERIAI.S C3R SERVICES PIt(]~IIT]ED BY THE CONTItAC1'OR WHICH ARE BROUGHT TO THE A~°T~.NTlC}N OIt THE CONTRACTOR WITHIN ONE YEAR 1"OLLC~~~NG C't.)NiP].F;TI()N OF CONTRACTOR'S WORK, I'RO~IDEL} OWNER AFI~ORL)S GONTRACTQR SUITABLE ACCESS AND'WORI~II~1Cr CONI~ITIC)?~S TO ACCOMPLISH S[sGH CORRECTION. ~utu~1 Rele~s~ of C'oec~~en~~al I')ama~~~: I~Ieitl~er paxty sftall be Iia6le fa the ether for carisecluential damages relating tcs ~r arising out c~,f the Contract. Pro v~~l Sub'ec# to l+l otiati~n of tither Standard ~`erms of reemesrt: This pXOgosa.l is subject t~ agreeme~~t ofthe parties on atlaer terms gnd conditions as are custor~~•y in contracts of this nature, ~Ve appreciarc the oppc~rttxnity to quote: on #his ~r4ject. If you have aoy ~uestia»s, please Call mC. SinCe~~:ly, INSi ORM TECHNOLOGIES, INC. ~ ~-~~ Ted Hotchkiss, Area Account 1VCat~.a~er Owr3er Accepiee: Date: -Please sign and return ane copy flfthis prflposal for our files or, i_f'you prefer, a p~~rehase order or sttb~:ontract for oeu execution. 1 C~ \ ~ N ~ V O C O T Q O N O i E Q r 0 c 0 a v Q Q- 0 0 L i 76'-10" I 1 3 C}" 6 180 105 r-° ........ ~0~ ~ I I '..AP _ __ 4 ~~ ,FR MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 31, 2009 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 11-09 ITEM BEFORE COMMISSION Consideration of aprivately-initiated rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part, to PC (Planned Commercial) district for the proposed New Century Courtyards project. BACKGROUND The 8.18 acre subject property is located on the west side of South Federal Highway, just north of the Plaza at Delray. The northern 2.03 acres contain a marginal office building, known as Executive Quarters; and the southern 6.15 acres contain the Floranda Mobile Home Park and several single family homes. In addition to the rezoning, the City is processing aprivately-initiated Future Land Use Map (FLUM) Amendment for the southern 6.15 acres of the property from TRN (Transitional) to GC (General Commercial) and a separate Comprehensive Plan text amendment to change the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The overlay district will allow mixed-use redevelopment of the entire property with a maximum residential density of 22 units per acre. The maximum intensity for nonresidential uses will be limited to a floor area ratio (FAR) of 0.75 within the proposed overlay district. Both the FLUM amendment and text amendment are included as part of Comprehensive Plan Amendment 2009-1 and will be considered for adoption by the City Commission on April 21, 2009. A detailed analysis of the project can be found in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The Planning and Zoning Board held its public hearing regarding the Rezoning and associated Comprehensive Plan Amendment on November 17, 2008. A presentation was made by the applicant and several members of the public spoke against the associated Comprehensive Plan Amendment. They were concerned about the impact of the increased density on traffic and the impact that stacking residential units above the commercial space would have on the views at Heritage Club. Two residents of the mobile home park were also concerned about what would happen to them when the mobile home park was closed. After discussion, the Board voted 6-0 to recommend approval of the Comprehensive Plan Amendment with a maximum residential density of 18 units per acre and a minimum of 20% workforce housing units at the moderately priced category. (Note: the City Commission approved a maximum density of 22 units per acre at first reading of the Comprehensive Plan Amendment). The Board also voted 6-0 to recommend approval of the rezoning, by adopting the findings of fact and law contained in the staff report and finding that the Rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. RECOMMENDATION By motion, approve on first reading Ordinance No. 11-09, rezoning the 8.18 acre subject property from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial) district, by adopting the findings of fact and law contained in the staff report and finding that the rezoning and approval thereof is consistent with LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan. ORDINANCE NO. 11-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) DISTRICT IN PART, MH (MOBILE HOME) DISTRICT IN PART, AND R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT IN PART, TO PC (PLANNED COMMERCIAL) DISTRICT; SAID LAND BEING LOCATED ON THE WEST SIDE OF SOUTH FEDERAL. HIGHWAY, APPROXIMATELY 320 FEET SOUTH OF SE 10TH STREET AND NORTH OF THE PLAZA AT DELRAY, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2007"; PROVIDING A GENERAL. REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April 2007, as being zoned POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part; and WHEREAS, at its meeting of November 17, 2008, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 6 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the CitS~ of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the CitS~ of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from MH (Mobile Home) District to PC (Planned Commercial) District for the following described property: That part of the North 15 feet of the South one-half (South 1/a) of the Southeast 1/a of the Northwest 1/a of the Southwest 1/a of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, lying West of State Road No. 5 (US Highway #1) as now laid out and in use. Together With: The East 80 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County Florida; together with that portion of Tract 1 of said Lambert Trailer Court described as follows: Beginning at the Southwest corner of said Tract 1; thence Easterly along the South line of said Tract 1 at a distance of 92.39 feet to an angle point; thence continuing along said South line, making an included angle of 180° 09' 45" a distance of 206.40 feet to a point in the proposed west right-of--way line of the south bound lane of State Road No.5, U.S. No. 1, according to the State Road Department Right of Way Map, Section 9301-206 dated June 1958; thence northerly along said west right of way line on a curve to the left whose radius is 2836.93 feet, central angle of 2° 46' 36" an arc distance of 137.48 feet to the north line of said Tract 1; thence westerly along the North line of Tract 1, a distance of 238.26 feet to an angle point; thence continuing westerly along said north line, making an included angle of 179 ° 50' 15", a distance of 92.37 feet to the northwesterly corner of said Tract 1; thence southerly along the westerly line of Tract 1, making an included angle of 90° 34' 30" a distance of 133.5 feet to the point of beginning. Reserving the southerly 18 feet thereof for use of adjoining property owners, and A parcel of land in Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being a part of Lambert Trailer Court according to the plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida and being more particularly described as follows: Beginning at a point in the north line of Lot 2 of said Lambert Trailer Court, at a distance of 138.27 feet West of the Northeast corner of said Lot 2; thence westerly along the North line of said Lot 2, a distance of 172.35 feet to a point 126.77 feet East of the Northwest corner of said Lot 2; thence southerly parallel to the West line of Lots 2 and 3 of said Plat, a distance of 197.63 feet to a point in the South line of said Lot 3, at a distance of 126.77 feet East of the Southwest corner of said Lot 3; thence easterly along the South line of said Lot 3, a distance of 113.06 feet to a point 75.09 feet West of the Southeast corner of said Lot 3; thence northerly along the arc of a curve concave to the West and having a radius of 2836.93 feet, a distance of 206.85 feet, more or less, to the point of beginning. Subject to existing easements. Together With: All of Lots 4 and 5 and the West 126.77 feet of Lots 2 and 3, of said Lambert Trailer Court. 2 ORD NO. 11-09 Together With: The West 40 feet of the East 120 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Section 3. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from POC (Planned Office Center) District to PC (Planned Commercial) District for the following described property: All of Professional Office Plaza for Acquilano, according to the Plat thereof as recorded in Plat Book 44, Page 147, Public Records of Palm Beach County, Florida, being more particularly described as follows: All of the South half (S 1/a) of the Northwest quarter (NW 1/a) of the Northeast quarter (NE 1/a) of the Southwest quarter (SW ~/4) of Section 21, Township 46 South, Range 43 East, in Palm Beach County, Florida, less and excepting therefrom right-of--way for U.S. Highway No.1 (formerly State Road No. 5) as described in right-of-way Deed dated June 9, 1955, recorded in Deed Book 1100, Page 165 and right-of--way for U.S. Highway No. 1 as described in right-of-way Deed dated November 1, 1960, recorded in Official Records Book 568, Page 288, Palm Beach County records. (excluding any portion of subject parcel lying East of right-of--way of U.S. Highway No. 1). The above described premises are more particularly bounded and described as follows: Beginning at an iron pipe in the West line of U.S. No. 1 (formerly State Road No. 5), being also in the North line of Tract 1, Lambert Trailer Court, according to the Plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida; thence in a southwesterly direction 239.38 feet along the North line of Tract 1 to a pipe; thence northwesterly at an interior angle of 89° 12' 44", 330.96 feet to a concrete monument; thence northeasterly at an interior angle of 90° 41' 48", 289.61 feet to an iron pipe in the West line of said road; thence southwesterly on a curve to the right having a radius of 2836.93 feet, and arc length of 335.35 feet, along the West line of said Highway to the place of Beginning. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended from R-1-A (Single Family Residential) District to PC (Planned Commercial) District for the following described property: The East 40 feet of the West 170.47 feet of Lot 6, Lambert Trailer Court, according to the Plat thereof on File in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 400 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. 3 ORD NO. 11-09 Together With: The West 130.47 feet of Tract 6, Lambert Trailer Court, according to the plat thereof, recorded in Plat Book 22, Page 41 of the Public Records of Palm Beach County, Florida. Together With: The West 40 feet of the East 360 feet of Tract 6, Lambert Trailer Court, according to the Plat thereof as recorded in Plat Book 22, page 41, of the Public Records of Palm Beach County, Florida. Said lands lying in the City of Delray Beach, Palm Beach County, Florida, containing 8.182 acres, more or less. Section 5. That the Planning and Zoning Director of the said CitS~ shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. 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 8. That this ordinance shall become effective immediately upon the effective date of Ordinance No. 54-08, under which official land use designation of GC (General Commercial) is affixed to a portion of the subject property hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST MAYOR City Clerk First Reading Second Reading 4 ORD NO. 11-09 > > ¢ ¢ Q a ST. 7TH O Z n a F z O ~ ~ S.E. 8TH ST. ~ w ~ S.E. 8TH S T. N z W ~ N COURT ~ ~ w s.e.ani ¢ cT. r ~ ~ I O ~ w w w 7j Zi vi vi vi = _ S 9TH ST. s.E. eni sr. J J Q Q ~ ~ SWINTON GARDENS DR. W W ~ ~ W W W W S.E. 10TH ST. . LONGPORT CIR. ; J ~ ~ ~ U ¢ ~ ~ P C ~~ O U ~ STONE ~ m m ~~ o WAy ~ ~ ~ n Q z ~ ~r o POINSET z a > a m a ~ RM S. LONGPDRT CIR. P O C WILSON AVE. I L AV NU R- ¢ ~ O /~ LEWI S.E. 12TH RD. ~ V\ CENTRAL AVE. M ~ ~ P _~\v O v~ `~ BROOKS i COLLINS AVENUE LJ~ J' w k C -~. o ~/ ~Q- wHl C~ ~~ Pv O~V~ RHODES -VILE BANYAN TREE LANE R M P C - EN J L I N T O N B O U L E A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED REZONING MAP ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL ~ PROPOSED CHANGE FROM MH (MOBILE HOME), R-1-A (SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 17, 2008 AGENDA ITEM: ITEM: Future Land Use Map Amendment and Rezoning request for New Century Courtyards, located on the west side of South Federal Highway north of Plaza at Delray. GENERAL DATA: Owner ......................... New Century Courtyards Agent ......................... Weiner & Aronson, P.A. Location .......................... Property Size .................. 8.18 acres Future Land Use Map..... TRN (Transitional) & GC (General Commercial) Current Zoning ............... POC (Planned Office Center), MH (Mobile Home), & R-1-A (Single Family Residential) Adjacent Zoning....North: East: South: West: Existing Land Use.......... RM (Medium Density Residential) & PC (Planned Commercial) PC (Planned Commercial) PC (Planned Commercial) SAD (Special Activities District) TRN (Transitional) & GC (General Commercial) Proposed Land Use........ GC (General Commercial) Water Service ................. Existing on site. Sewer Service ................ Existing on site. ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation on aprivately-initiated Future Land Use Map Amendment and Rezoning for the proposed New Century Courtyards. The affected property is located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. The Future Land Use Map amendment, from TRN (Transitional) to GC (General Commercial is for the southern 6.15 acres of the subject property on a parcel of land known as the Floranda Mobile Home Park, located on the west side of South Federal Highway, approximately 660 feet south of SE 10th Street and north of the Plaza at Delray. The Rezoning from POC (Planned Office Center) district in part, MH (Mobile Home) district in part, and R-1-A (Single Family Residential) district in part to PC (Planned Commercial) district involves the entire 8.18 acre subject property including the site known as Executive Quarters, located just north of the Floranda Mobile Home Park. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments and Rezoning of any property within the City. BACKGROUND In addition to the proposed Future Land Use Map amendment and rezoning, it is noted that a separate Comprehensive Plan text amendment is being processed concurrently with this application to amend the description of the General Commercial Land Use designation to create an overlay district with increased residential density and decreased commercial intensity on the property. The property within the proposed overlay district is currently divided into two Future Land Use designations, GC (General Commercial) on the northern 2.03 acres, which contains a marginal office building, and TRN (Transitional) on the southern 6.15 acres, which contains a dilapidated mobile home park and several single family homes. The overlay district is being created to allow mixed-use redevelopment of the entire property with residential densities higher than are currently allowed. The Future Land Use Map amendment is being processed for the TRN portion of the property to GC. The maximum intensity for nonresidential uses in mixed use developments has been set at a maximum FAR of 0.75 within the overlay district. In recent years, the City has made provisions to allow increased residential densities in several areas of the City with the requirement that the developments include a workforce housing component. In the areas within the Federal Highway corridor where these increased densities are allowed, the maximum density has been set at 18 units per acre with a requirement to provide a workforce housing component. The applicant has proposed a maximum of 25 units per acre within the proposed overlay district and has not included provisions for workforce housing. The applicant states that justification for the increased density is included in the Silver Terrace Redevelopment Plan, which was adopted in March, 1996. The included passage, "That high densities maybe allowed (up to 25 units per acre) to make the project financially feasible," was included in the "Introduction" section of the Plan as part of the background on the redevelopment area. It was one of seven conclusions that were reached by the participants at meetings, workshops, and hearings held with the Planning and Zoning Board, the City Commission, and property owners regarding the redevelopment effort several years before the redevelopment plan was written. Based on Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 2 these conclusions, the City issued a request for letters of interest for redevelopment of the entire area in 1995. None of the developers that responded to the RFI were willing to aggregate the property for redevelopment of the Silver Terrace area. Therefore, the City would have been required to aggregate the property to entice a developer into the area. Because of the expenses associated with the aggregation of the property for redevelopment of the area, staff investigated the possibility of a more cost effective approach to the revitalization of the area. The outcome of those efforts was the beginnings of an alternative redevelopment scenario, which consisted of the development of a redevelopment plan to help stabilize the area, improve its appearance, and eliminate non-conforming uses and structures. At its workshop meeting of September 11, 1995, the City Commission reviewed the developer proposals and the alternative redevelopment scenario. The Commission expressed disappointment that large scale redevelopment of the area would not be financially feasible, but that the alternative redevelopment scenario would be the most appropriate action for the City to take. The Commission then directed staff to proceed with preparation of a redevelopment plan for the area. It is noted that most of the earlier conclusions, which were associated with the large scale redevelopment of the area, including the provision for increased density, were not ultimately recommended in the adopted redevelopment plan. Although there is no basis to support the proposed 25 units per acre density included in the recommendations in the Redevelopment Plan for the area, staff does support an increased density of 18 units per acre with the provision that a minimum of 20% of the units are to be workforce housing units at the moderately priced category; and are subject to the City's Workforce Housing Ordinance (LDR Article 4.7). FUTURE LAND USE MAP AMENDMENT ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed FLUM amendment will assign a Future Land Use Map designation of GC (General Commercial) to the southern 6.15 acres of the subject property. The northern 2.03 acres already has a FLUM designation of GC (General Commercial). The proposed Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 3 rezoning to PC (Planned Commercial) for the entire parcel is consistent with this FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM designations and zonings. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: • Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The applicant has included the following justification statement for the FLUM amendment: "Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a GC land use designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls among other retailers. The Silver Terrace Redevelopment Plan also supports a land use which allows residential uses. It indicates that proposed improvements to the area could include the applications of appropriate future land use designations for parcels in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this land use amendment are attached to this justification. " • Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 4 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable Objectives and Policies were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfills remaining land use needs. Future Land Use Element Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Future Land Use Element Policy C-1.6: The following pertains to the redevelopment of the Silver Terrace Area: This area involves the old Silver Terrace Subdivision which contains some mixed use but is primarily single family. It also involves the adjacent land use of the Floranda Mobile Home Park which is a well maintained land use but which may, in the future, be inappropriate for its location along Federal Highway adjacent to a regional shopping center. The Silver Terrace Redevelopment Plan was adopted by the City Commission on March 5, 1996. The plan establishes Future Land Use Map designations, zonings, and special development standards for the redevelopment area. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. One of the purposes of this amendment is to facilitate the removal of the existing mobile home park, which has fallen into disrepair, and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. Its removal through private redevelopment of the property will further these objectives and policy. Based on the above, a positive finding can be made that the amendments are consistent with and further the Goals, Objectives, and Policies of the Comprehensive. • concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis assumes total redevelopment of all of the property in the overlay district at the maximum intensity allowed under the amended description for the General Commercial designation, which is being processed concurrently. As shown on the following table, since the maximum nonresidential FAR is being reduced to 0.75 from 3.0 on the GC portion and 1.0 on the TRN portion, development under the new provisions would result in a reduction in nonresidential building area. The maximum development potential with the proposed amendment would be a mixed-use project with residential development at 25 units per acre and retail development at an FAR of 0.75. Therefore the amendment will result in an increase in residential development potential and a reduction in maximum nonresidential potential from what is currently permitted within the proposed overlay district. A comparative analysis of the maximum development potential of the property has been provided below to support this conclusion. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 5 Table 1: Maximum Development Potential Silver Terrace Courtyards Overlay District EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Mixed Use Development (acres) (acres) Potential Mixed-Use Mixed-Use GC 265,280 SF Retail (FAR 3.0) GC 267,740 SF Retail (FAR 0.75) (2.03 acres) 24 Multi-Family Residential Units (8.18 acres) 204 Multi-Family Residential Units (12 units per acre) (25 units per acre) TRN (6.15 acres) 267,894 SF Office (FAR 1.0) Traffic: An analysis of the traffic impacts associated with the maximum development potential of a mixed-use development on the property was conducted. Since the increased residential development generates less traffic than the eliminated office uses, the new land use mix will represent a net reduction in potential traffic volumes. Table 2: Trip Generation Comparison Silver Terrace Courtyards Overlay District EXISTING Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 265,280 LN T =0.64 LN X + 5.87 12,603 Residential A artments 220 24 7.00 168 Office 710 267,894 LN(T)=0.77 LN(X) + 3.65 2,849 TOTALS 15,620 PROPOSED Land Use ITE Intensity Trip Generation Rate Total Trips Retail Sho in Center 820 267,740 LN T =0.64 LN X + 5.87 12,678 Residential Apartments 220 204 7.00 1,428 TOTALS 14,106 Water & Sewer: Water treatment is provided by the City of Delray Beach at the Water Treatment Plant. The geographic service area coincides with the Planning Area plus service provided to the Town of Gulf Stream through contract as a bulk customer. The service area encompasses approximately 18 square miles. The treatment plant, with a capacity of 28 million gallons per day, was constructed in 1972 and has a programmed life of 50 years (2022). The water supply is provided from 30 active wells in four wellfields, yielding a total design capacity of 37.2 mgd. The City's consumptive use permit currently limits the annual withdrawal rate to 6.937 billion gallons which equates to an average of 19 mgd. The per capita water use has not shown any clear trend of change during the past 13 years, other than those that were influenced by drought conditions and subsequent Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 6 water use restrictions (2001-2002). The average per capita use during this 13-year period is 240 gpd. In absence of a clear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. However, the effect of conservation measures, including the City's implementation of reclaimed water projects within the City, should reduce the actual per capita water use. The City relies on groundwater from the Surficial Aquifer System (SAS) for its supply. As noted earlier, its current annual groundwater allocation is 19.01 mgd on an average-day basis; however this will drop to 15.92 mgd in 2010. Increased restrictions on withdrawals from the SAS under the SFWMD's Water Availability Rule (incorporated by reference into Chapter 40E-2, Florida Administrative Code) will prohibit the City from increasing its SAS withdrawals over its historic maximum quantity, which is based on the water withdrawn during any consecutive 12-month period between April 2001 and April 2006. This maximum occurred from May 2004 through April 2005, when 7,072 million gallons (MG) were withdrawn. On an average-daily basis, this equates to 19.37 mgd. However, since Section 3.2.1.E of the Basis of Review does not allow the base condition to exceed the permitted allocation, under the Water Availability Rule, the City should receive an average-day annual allocation of 6,937 MG (19.01 mgd) when the CUP renewal is submitted in 2010. Water demand projections for the City's Water Service Area were calculated based on the City's population projections multiplied by the projected per capita demands. The following table provides the total demand for the service area and the surplus or deficit from the permit base condition of 19.00 mgd in five year increments from the year 2010 to 2030. Potable Water Demand Pro'ections Year 2010 2015 2020 2025 2030 Service Area Population 69,335 74,504 81,114 82,233 82,556 Per Capita Use pd 240 240 240 240 240 Av .Dail Demand MG 16.64 17.88 19.47 19.74 19.81 Permit Base Condition MGD 19.00 19.00 19.00 19.00 19.00 Excess/ Deficit MGD 2.36 1.12 0.47 0.74 0.81 Notes: 1. Population projections based on Palm Beach County 2007 Population Allocation Model using March 2008 BEBR Population Projections. 2. Per capita use assumes a 10% reduction from current permitted values achieved through conservation. 3. Permit base condition as provided by SFWMD per ground water availability rule. Wastewater from the City is treated at the South County Regional Wastewater Treatment Plant (SCRWWTP), which is managed by the South Central Regional Wastewater Treatment and Disposal Board, established in 1974 through an agreement between the cities of Delray Beach and Boynton Beach. The SCRWWTP has the capacity to provide up to 24 mgd of reclaimed-quality water. In 2003, the City developed a Reclaimed Water Master Plan, which identified 16 areas for reclaimed water application. The City is currently using reclaimed water to irrigate several golf courses and is installing additional transmission lines to serve other large users. Through the use of reclaimed water, the City's 20-Year Water Supply Facilities Work Plan indicates Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 7 that water supply facilities are planned and will be available to meet the future growth and water demands of the City of Delray Beach through the year 2030. The wastewater treatment plant was constructed in 1979, with a programmed life of 50 years (2029). Ultimate disposal is currently by ocean discharge of secondary effluent and land spreading of sludge. In late 2008, deep well injection will replace the ocean discharge except for emergency situations and DEP permitted exceptions. Also in late 2008, with completion of the Palm Beach County Biosolids Pelletization facility, land spreading of sludge will no longer be used. The new facility will dry and process the sludge into pellets for use in fertilizer. The design capacity of the treatment plant, established by its secondary treatment capacity, is 24 mgd. This capacity is shared equally between Boynton Beach and Delray Beach. The Comprehensive Plan indicates that the current plant has adequate capacity to service the City's project population beyond the year 2025. Since adequate capacity is available in the City's water and wastewater systems to meet the increased demand, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: The adopted LOS standards for drainage is the SFWMD standard of retention of the first one inch of runoff or 2.5 inches of water storage times the percentage of impervious area. Local and City-wide drainage deficiencies are identified in the Stormwater Master Plan (Kimley-Horn, 2000). The City has programmed projects to correct the deficiencies identified in this report and achieve the Level of Service standard. Public Facilities Element Objective E-1 states: A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards." The LOS standard for open space and recreation in the city is 3 acres per 1,000 residents. The amount of land currently provided in activity based recreation facilities, the municipal beaches, and the two public golf courses, establishes a level of service of 6.2 acres per 1,000 residents (2007), far exceeding the general guideline. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 8 A park impact fee is collected to offset any impacts that new development may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Education (School Concurrencyl: School concurrency is addressed with all proposals for residential development. Since no proposed project exists at this time, a formal determination by the school board has not been made. All future development proposals will be required to meet concurrency prior to approval. Solid Waste: As shown on the following table, with the proposed amendment, the development of the property would result in a net decrease of 30% in solid waste generation. In its annual capacity letter, dated February 4, 2008, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, "Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4)." Based on population and waste generation rate projections, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021. The Board of the Solid Waste Authority has authorized the initial design and permitting efforts to develop a new landfill on 1,600 acres owned by the authority. The capacity of this new landfill would extend the life of the solid waste system beyond the year 2065. Table 3: Solid Waste Generation Silver Terrace Courtyards Overlay District Existing Maximum Development Potential Proposed Mixed-Use Maximum Development Potential 265,280 SF Retail @ 10.2 Ibs/sf = 1,353 tons/yr 267,740 SF Retail @10.2Ibs/sf = 1,365 tons/year 267,894 SF Office @ 5.4 Ibs/sf = 723 tons/yr 204 MF Units @ .52 tons/year - 106 tons/year 24 MF Units .52 tons/ ear = 12 tons/ r Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. • Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed FLUM designation is compatible with the surrounding neighborhood, which consist primarily of commercial development to the south and east, and residential development to the north, southeast and west. However, there are several single family lots that will remain between the proposed project and the Heritage Club multifamily development to the north. Compatibility with these single family homes would be better achieved with the recommended 18 units per acre supported by staff. Based upon the above, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 9 • Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation will comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. ZONING ANALYSIS REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As discussed earlier in this report, one of the purposes of the proposal is to facilitate the removal of the existing mobile home park, which has fallen into disrepair and is no longer appropriate in the Federal Highway corridor. The mobile home park has become a blighting influence on the entire area. The proposed FLUM and zoning designations are Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 10 compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant has provided the following statement: "Reasons B and C both apply and are valid reasons for approving a change in the zoning. Objective A-1 of the Future Land Use Element of the Comprehensive Plan states that property shall be redeveloped in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills remaining land use needs. Clearly, a PC zoning designation would be more complimentary to this area, which is located on Federal Highway adjacent to a 35 acre shopping center which includes a Publix, CVS, McDonalds, movie theater, restaurants, bank and a Marshalls amongst other retailers. This zoning will provide an opportunity for residents to live next to this shopping center, which will provide extreme convenience for all their necessities. Additionally, the requested zoning of PC is of similar intensity as allowed under the Future Land Use Map as a Future Land Use Map Designation of GC which is also being requested, is consistent with the PC zoning district. A PC zoning designation is more appropriate for the property based upon the circumstances particular to the site and or neighborhood. The Silver Terrace Redevelopment Plan also supports a proposed zoning which allows residential uses. Additionally, the City's Zoning District Map clearly shows that a PC zoning designation would be consistent with the existing zoning designation in the area. Moreover, additional provisions from the City of Delray Beach Comprehensive Plan which further support this rezoning are attached to this justification." COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 11 Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. REVIEW BY OTHERS Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. 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. ASSESSMENT AND CONCLUSION The FLUM designation and zoning classification for the subject property are being amended to facilitate redevelopment of the property. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. However, it is noted that staff does not support the proposed residential density of 25 units per acre for the site and recommends that it be reduced to 18 units per acre. Furthermore, to be consistent with other areas where increased density is allowed, a workforce housing component should be required. ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units Planning and Zoning Board Staff Report -November 17, 2008 FLUM Amendment and Rezoning -New Century Courtyards Page 12 be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). C. Recommend to the City Commission denial of the FLUM Amendment and Rezoning by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and the Goals, Objective, and Policies of the Comprehensive Plan. RECOMMENDED ACTION Recommend to the City Commission approval of FLUM Amendment and Rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 2.4.5.(D)(5) (Rezoning Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), and the Goals, Objectives, and Policies of the Comprehensive Plan, with maximum residential density for the overlay district to be set at 18 units per acre and that a minimum of 20% of the units be workforce housing units at the moderately priced category, subject to the City's Workforce Housing Ordinance (LDR Article 4.7). Attachments: • Proposed Future Land Use Map • Proposed Rezoning Map • Proposed Silver Terrace Courtyards Overlay District s:\planning & zoning\boards\p&z board\new century courtyards flum & zoning.doc > ~, ¢ ¢ Q ST. 7TH O 0 0 = z s ~ N M a O~ S.E. 8TH ST. ST. w Z ~ Q ~ S.E. 8TH S T. N z ~ w ~ N COURT ~ ~ s.e.ani ¢ cT. ~ ~ ~ w w w 7j ?~ Q vi vi vi = _ 9TH S T. ~ O ~ S s.E. eiH sr. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W W Q W W . LONGPORT CIR. ; i OS Q rc ~ ti~ ~ ~ U ~ O U ~ ~Q ~ TONE m ~ AY ~ ~ n z ~ ~r o POINSET z _ a > a m a MD S. LONGPDRT CIR. T WILSON AVE. I L AV NU g J ~ Q LEWI S.E. 12TH RG. ~ O C_C ~ CENTRAL AVE. ~ v ~O. ~ Q `~~~ O BROOKS i S AVENUE Q J' CMR W x z ~ ~Q- _ WHI ~~ ~` Pv O~V~ DES -VILE ~~ BANYAN TREE LANE DEL- N 0 J GC ~ L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED FUTURE LAND USE MAP AMENDMENT ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT © PROPOSED CHANGE FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) > > ¢ ¢ Q a ST. 7TH O Z n a F z O ~ ~ S.E. 8TH ST. ~ w ~ S.E. 8TH S T. N z W ~ N COURT ~ ~ w s.e.ani ¢ cT. r ~ ~ I O ~ w w w 7j Zi vi vi vi = _ S 9TH ST. s.E. eni sr. J J Q Q ~ ~ SWINTON GARDENS DR. W W ~ ~ W W W W S.E. 10TH ST. . LONGPORT CIR. ; J ~ ~ ~ U ¢ ~ ~ P C ~~ O U ~ STONE ~ m m ~~ o WAy ~ ~ ~ n Q z ~ ~r o POINSET z a > a m a ~ RM S. LONGPDRT CIR. P O C WILSON AVE. I L AV NU R- ¢ ~ O /~ LEWI S.E. 12TH RD. ~ V\ CENTRAL AVE. M ~ ~ P _~\v O v~ `~ BROOKS i COLLINS AVENUE LJ~ J' w k C -~. o ~/ ~Q- wHl C~ ~~ Pv O~V~ RHODES -VILE BANYAN TREE LANE R M P C - EN J L I N T O N B O U L E A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED REZONING MAP ~ NEW CENTURY COURTYARDS CITY OF DELRAY BEACH, FL ~ PROPOSED CHANGE FROM MH (MOBILE HOME), R-1-A (SINGLE FAMILY RESIDENTIAL), PLANNING & ZONING DEPARTMENT AND POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) > ~, ¢ ¢ Q ST. 7TH O 0 0 = z s ~ N M a O~ S.E. 8TH ST. ST. w Z ~ Q ~ S.E. 8TH S T. N z ~ w ~ N COURT ~ ~ s.e.ani ¢ cT. ~ ~ ~ w w w 7j ?~ Q vi vi vi = _ 9TH S T. ~ O ~ S s.E. eiH sr. W J J ~ Q Q ~ ~ Q SWINTON GARDENS DR. W W W Q W W . LONGPORT CIR. ; i OS Q rc ~ ti~ ~ ~ U ~ O U ~ ~Q ~ TONE m ~ AY ~ ~ n z ~ ~r o POINSET z _ a > a m a MD S. LONGPDRT CIR. T WILSON AVE. I L AV NU g J ~ Q LEWI S.E. 12TH RG. ~ O C_C ~ CENTRAL AVE. ~ v ~O. ~ Q `~~~ O BROOKS i S AVENUE Q J' CMR W x z ~ ~Q- _ WHI ~~ ~` Pv O~V~ DES -VILE ~~ BANYAN TREE LANE DEL- N 0 J GC ~ L I N T O N B O U L E V A R D -- D/GITAL BASE MAP SYSTEM -- MAP REF: LM1093 N PROPOSED SILVER TERRACE COURTYARD OVERLAY DISTRICT ~ FUTURE LAND USE MAP CITY OF DELRAY BEACH, FL PLANNING & ZONING DEPARTMENT ©PROPOSED OVERLAY DISTRICT MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 25, 2009 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF APRIL 7, 2009 ORDINANCE NO. 19-09 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulations, Article 8.2 to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95. BACKGROUND In a January 27, 2009 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in the Special Act, HB 299, Engrossed 2003, and noted that one of the DDA functions in the Special Act-"to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area"- is not expressly included in LDR Section 8.2.2(E), "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does make several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2(B), "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved, the DDA boundary map and the boundary description (Appendix B) in the LDR's were not amended at that time to include the expanded area. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on March 16, 2009. The Board unanimously recommended approval on a 5 to 0 vote (Halberg absent and Perez resigned), 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. On March 9, 2009, the Downtown Development Authority (DDA) recommended approval of the proposed text amendment. On March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. RECOMMENDATION By motion, approve on first reading Ordinance No. 19-09 for aCity-initiated amendment to the Land Development Regulations 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 Land Development Regulations. ORDINANCE NO. 19-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, AMENDING ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)", SY REPEALING SECTION 8.2.2, "PROVISIONS OF THE ACT", IN ITS ENTIRETY AND ENACTING A NEW SECTION 8.2.2, "PROVISIONS OF THE ACT", TO SE CONSISTENT WITH CHAPTER 2003-314, LAWS OF FLORIDA 2003; REPEALING APPENDIX "S", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS" AND ENACTING A NEW APPENDIX "S", "DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS", TO MODIFY THE DESCRIPTION AND PROVIDE FOR EXPANSION OF THE DOWNTOWN DEVELOPMENT AUTHORITY AREA; 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 March 16, 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 determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the goals, policies, and objectives of the Comprehensive Plan. NOW, THEREFORE, SE IT ORDAINED SY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Article 8.2, "The Downtown Development Authority (DDA)", Section 8.2.2, "Provisions of the Act", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Section 8.2.2, "Provisions of the Act" is enacted to read as follows: Section 8.2.2 Provisions of the Act: (A) Definition and Rules of Construction: Unless qualified in the text the following definitions and rules of construction shall aP~ly hereto: (1) "Authority' means the Delray Beach Downtown Development Authori , hereby created and any successor to its functions, authorit T~rights, and obligations. (2) "City' and "Delray Beach" means the City of Delray Beach Florida • 11 ~ l T l T l /"+• ~ /"+ (4) "Downtown' and "Downtown area' mean the area herein described and to which this Act Primarily relates, including the central business district and its environs. (5) "Herein' , "hereby, "hereof" ,and similar compounds refer to the entire Act. (6) "Including" shall be construed as merely introducing illustrative examples and not as lirrdting in any the generality of the inclusive term. (7) "Maiorit~' without qualification means a maiority of a auorurn. (8) "State" means the State of Florida. B) Downtown Area Description: The original boundary of the Downtown Development Chapter 2003-314 Laws of Florida 2003, effective Tune 26, 2003, are depicted in Section 8.2.2(BL "Map of the Downtown Development Authority Area' , and are generally described within Appendix B of the Land Development Regulations. (1) MaP of the Downtown Development Authori , Area: ORD. NO. 19-09 ~~ e ~~ y€y ~~~~ ~~ Q ~ a~ ~ 9 C .~~~ ~ Q ' ~~~ ~ .~vMa31bM ~~~ ~~ Z - ~~ 7b1Stl0~ .. b a1 NI ~yOM~ '~.°~" ... ~~~ W k S~', ~ a - _ ~ d ~ o O ~ 2 ~ ~~ o J ~ ~ o ~~~° ®~ ~ /w ~p F3g K ~ I..L ~ ~~ _ ~~d ® a~~ ~~ O ~~ > ~, ~ ~ ~r Z ~- R~ ~ O ~ ~ €~ ~ a S ®~w _ ~~~R® O ® - ~ D ~ ® u! 3 " ~ ~ z ~I ~_ ~ W r ~ a y ¢ ~ m & ~ ~ 5~s g 5 ~ '' ~ ® o ~ ~ E ~ ~ z ti ~ < O ORD. NO. 19-09 Downtown DeveloEment Authority" It is hereby constituted a body corEorate and an agenc, o (2) Each member shall be aE~ointed for a term of three years beginning,Tuly 1. Two members shall be aE~ointed commencing on Tuly 1 following the referendum aE~roving the exEansion of the Delray Beach Downtown DeveloEment Authority boundaries. (4) Vacancy in office, which shall be filled within tlurt,~ys of its occurrence for the remainder of the unexEired term, shall occur whenever a member is removed from office, becomes disqualified or otherwise Linable to serve, resigns, or disaEEears without exElanation for a Eeriod of six months. The City Commission shall fill any vacancy in office for the unexEired term. ORD. NO. 19-09 or mailing thereof b~~ registered or certified mail addressed to the member at his or her latest lmown residence, the City Commission may remove a member of the Authori , for good cause, includir~ willful neglect of duty, incomEetence or unfitness to Eerform his or her duty or conviction of an offense involving moral turEitude. A member so removed shall be entitled to review by the circuit court of the action taken. the members shall be owners of realty within the Downtown area, a lessee thereof required b,T~ the Eossible within the Downtown area as described in Section 8.2.2(B~ (5) Each member of the Authority shall serve without comEensation for services rendered as a member but may be reimbursed by the Authority for necessary and reasonable membership shall constitute a quorum for the transaction of business. Board except that he or she shall be entitled to speak on any issue or question before the Board (E) Functions of the Authority: The Authori ,T shall perform the following functions: congestion, lack of adequate parking and other access facilities, and structural obsolescence and deterioration. (2) Formulate long range plans for improving the attractiveness and accessibili , tT o the (3) Recommend to the City Commission and to Downtown businesspersons and residents the actions deemed most suitable for implementing the Downtown development plans, changes in patterns of and facilities for getting thereto and therefrom. (5) Participate activelyplans and programs to encourage economic development and promotion of the Downtown as a prosperous Downtown Area (6) Can T-~ on all proiects and undertakings authorized by law and within the limits of the powers granted to it by law and such additional public proiects and undertakings related to the Downtown area as the City Commission may assign to it with its consent. ORD. NO. 19-09 (1) To enter into contracts and agreements, and to sue and be sued as a body corporate; (2) To have and use a corporate seal; (4) To accept grants and donations of an~t~pe of property, labor, or other thing of value from an~public or private source; (5) To receive the proceeds of the tax herebyimposed; agreements validly entered into b~~ it; (7) To have exclusive control of all funds legally available to it, subiect to lirrdtations imposed upon it by law or b~~greement validly entered into by it; (8) To cooperate and enter into agreements with any ~ovemmealtal agency or other lic bod y (9) To make to or receive from the City or Palm Seach Coun , conveyances, leasehold interests, grants, contributions, loans, and other rights and privileges; ORD. NO. 19-09 acquired without the formal consent of the City Commission; (11) To issue and sell revenue certificates as hereinafter provided or in any other manner permitted by law and not inconsistent with the provisions hereof, and to take all steps deemed b~~ it matters, accounting matters, and any other fields in which exFert advice may be needed to effectuate advantageous issuance and marketing; (13) To borrow money on its unsecured notes, for a Period not exceeding nine months, annual rate of interest not exceeding the rate being charged at the time of the loan by banks in the City on unsecured short-term loans to local businesses (14) To acquire by rental or otherwise and to eauiF and maintain a FrinciFal office for the conduct of its business; provided its Personnel shall not be under civil service regulations and shall be emFloyed to serve at (16) To exercise all Powers incidental to the effective and exFedient exercise of the foregoing~o~ers to the extent not in conflict herewith or inconsistent herewith (G~w of Ad Valorem Tax: For the fiscal year of the Authority beginning within the calendar ,year 1972, and for each fiscal year thereafter, an ad valorem tax in addition to all other ad valorem taxes is hereby levied annually for the FurFose of financing the oFeration of the Authori , on all FroFerty in the Downtown area that is subiect to ad valorem taxation for Cit~Feration exFei~ses. The tax base shall be the assessed valuation made annually the County tax assessor. The rate shall be one mill on each dollar of tax base in 1972 and each year thereafter; Provided for each year after (Hl Authority Records and Fiscal Management: The fiscal year of the Authority shall coincide with that of the Citv. (1) All funds of the Authority shall be received held and secured like other Public ORD. NO. 19-09 valorem taxes, with the same discounts for earl~payment, and shall Fay the Proceeds into the Citv treasury for the account of the Authority. ~ r dismissal. (I) Tax Exemption of Authority Property: All income, donations, Property, and facilities of the Authority are hereby dedicated to the effectuation of essential municipal Purposes, their use is (T) Provisions Governing Issuance of Certificates: Issuance of revenue certificates by the Authority shall be governed by the followin eg_ ig Zeral Provisions: (2) The faith and credit of the City shall not be Pledged and the City shall not be obligated directly or indirectly to make an~yments on or appropriate any funds for certificates issued by the Authority. ~ r ORD. NO. 19-09 (2) The Authorit~ylaw~ shall Provide for maintenance of minutes and other official records of its Proceedings and actions, for Preparation and adoption of an annual budget for each ensuing fiscal year, for internal supervision and control of its accounts, which function the the amount of andpremium to be paid on redemption of the certificates prior to maturity (5) The Authority as to any issue or revenue certificates, en~a~e the services of a corporate trustee for the issue and may treat any or all of the costs of can-~ing out the trust agreement as part of the operating costs of the undertaking for which the certificates are issued (6) The Authority shall from time to time establish such rentals, rates, and charges, or including reserves therefor and for depreciation, replacement, and any nece ,extensions. (7) Revenue certificates maybe issued for the purposes of funding, refunding, or both (8) All revenue certificates issued pursuant hereto shall be negotiable insh umealts for all purposes. Section 3. That Appendix "S", "Downtown Development Authority Area Descriptions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby repealed and a new Appendix "S", "Downtown Development ORD. NO. 19-09 (4) Before issuing any revenue certificates, the Authority shall, as to each issue: (~ exercise all powers of the Authority insofar as such exercise is not in conflict with or inconsistent with the provisions of the City charter or other law applicable to the City Authority Area Descriptions", is enacted to read as follows: DOWNTOWN DEVELOPMENT AUTHORITY AREA DESCRIPTIONS The descriptions contained in Appendix "B" Dave been compiled and are to be used pursuant to Section 8.2.2.(B~ GENERAL DESCRIPTION: (1) The original boundaries of the Downtown Development Authority Commencing at a point where Northeast 1st Street intersects with the Avenue in Block 69 (as in Plat Book 2, Page 43) and Block 77 (as in Plat Book 1, Page 3, ,then east alley in Block 117 (as in Plat Book 1, Page 3~, east of Southeast 6th Avenue, then north along the alley in Block 117 to the northwest corner of Lot 18, Block 117, then east along the south line of Lot 17 of Block 117 and the south line of Lots 10, 45, 57 and 92 of Palm Sauare, an unrecorded plat located in Block 125 and the North Half of Block 133 (as in Plat Book 1, Page 3~, to the Intracoastal Waterway then north along the Intracoastal Waterway to the Point of Beginning (2) The expanded boundaries of the Downtown Development AUthorit 10 ORD. NO. 19-09 westerl~proiection thereof to the west Plat limit of Seabreeze Park; thence southerl~g said west Plat lirrdt to the southeast corner of Lot 29, Lowry Park E states (according to the Plat thereof as recorded in Plat Sook 24, Page 156 of the Public Records of Palm Seach County, Florida, ;thence in a northwesterly direction to the southwest corner of said Lot 29; thence continuing along the south right of way line of East Atlantic Avenue (also known as State Road 806; thence westerly along said south right of way line of E ast Atlantic Avenue to the intersection of the centerline of the Intracoastal Waterwa~ght of way; thence northerl~g said centerline of the Intracoastal Waterway to the intersection with the easterl~proi ection of the centerline of N.E . 1st Street right of way; thence westerl~g said easterl~proiection, and the centerline of N.E. 1st Street right of way to a Point of intersection with the southerl~proiection of the west line of Lot 20, Slock 115, Town west line of Lots 20, 19, 18, 17, 16, 15, 14, 13, 12, and Lot 11 of said Slock 114, to the northwest corner of Lot 11, of said Slock 114; thence northerl~g the northern Proiection of the west line northerl~g the west line of Lots 14,13, 12,11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 of said Slock 113 Street; thence westerl~ng said centerline of N.E. 4th Street to the centerline of the right of way of N.E. 1st Avenue; thence southerl~g said centerline of N.E.1st Avenue to the intersection N.E.1st Street to the intersection with the centerline of the Swinton Avenue right of way and N.W. 1st Street; thence in a westerly direction along the centerline of N.W. 1st Street to a Point of 11 ORD. NO. 19-09 20,19,18,17,16,15,14,13,12 and 11 of said Slock 115 to the northwest corner of Lot 11, of said east line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,10,1E and 12, and the southerl~proiection of the east line of Lot 12 of said Plat of the Subdivision of Slock 74 to the northeast corner of Lot 1, Slock 75, said north/south alley of said Revised Plat of Slock 36; thence in a northerly direction along said of said Lot 21, and the westerly extension thereof, to a Point of intersection with the centerline of Street to a Point of intersection with the southerly extension of the centerline of the north south alley of Slock 27, said Plat of the Town of Linton (north half of block leas since been rePlatted to the Plat of Resubdivision of Slock 27, Plat Sook 21, Page 43, as recorded in the Public records of Palm Seach County, Florida; thence in a northerly direction along said extension line and said centerline of N.W. 2nd Street to a Point of intersection with the northerly extension of the west line of Lot 1, Plat of Melvin S. Surd Subdivision, Plat Sook 11, Page 73, as recorded in the Public Point of intersection of a line 135 feet east of and Parallel with the west line of Slock 19, said Plat of direction along said line to a Point of intersection with a line 165 feet west of and Parallel with the east line of said Slock 19; thence in a southerly direction along said line, and southerly extension thereof, to a Point of intersection with the centerline of N.W. 1st Street; thence in an easterly direction along said centerline to the Point of intersection with the northerly extension of a line 135 feet east of and Parallel with the west line of Slock 20, said Plat of the Town of Linton; thence in a southerly direction along said extension and Parallel line to a Point of intersection with a line 300 feet south of and Parallel with the north line of said Slock 20; thence in westerly direction along said Parallel line to a Point of intersection with the west line of said Slock 20; thence in a westerly direction to a Point at the southeast corner of Lot 17, Slock 12, of the Plat of the Monroe Subdivision, Plat Sook 14, Page 67, as recorded in the Public records of Palm Seach County, thereof, to a Point of intersection with the centerline of N.W. 7th Avenue; thence in a southerly direction along said centerline to a Point of intersection with the easterly extension to the south line 12 ORD. NO. 19-09 of Lot 26 and 25, Slock 4, said Plat of Monroe Subdivision, and the westerly extension of said Lot Plat of West Side Heights, Plat Sook 13, Page 61, as recorded in the Public records of Palm Seach County, Florida; thence in an westerly direction along said extension, and the south line of said Plat of West Side Heights, and the westerly extension thereof, to a Point of intersection with the direction along said centerline to a Point of intersection with the easterly extension of the south line of Lot 21, Slock 1, Plat of Atlantic Park Gardens, Plat Sook 14, Page 56, as recorded in the Public Plat of Atlantic Park Gardens, and the westerly extension thereof, to a Point of intersection with centerline of N.W. 13th Avenue; thence in a westerly direction to a Point at the southeast corner of Lot 12, Slock 1, Plat of Odmaru~s Subdivision, Plat Sook 4, Page 53, as recorded in the Public records of Palm Seach County, Florida; thence in a westerly direction along the south line of said Lot 12, and the westerly extension thereof, and the south line of Lot 21, Slock 1, said Plat of Odmarnls Subdivision, to a Point at the southwest corner of said Lot 21; thence in a southerly direction to a Point at the northwest corner of Lot 21, Slock 4, said Plat of Odrnanns Subdivision; thence in an easterly direction along the north line of said Lot 21, and the easterly extension thereof, and the north line of Lot 12, said Slock 4, and the easterly extension thereof, to a Point of direction along the north line of said Lot 12, and the easterly extension thereof, and the north line of Lot 21, of said Slock 2, and the easterly extension thereof, to a Point of intersection with the centerline of S.W. 12th Avenue; thence in a southerly direction along said center line to a Point of intersection with the westerly extension of the south line of Lot 13, Slock 5, Plat of Atlantic Gardens, Plat Sook 14, Page 63, as recorded in the Public records of Palm Seach County, Florida; thence in an easterly direction along said extension, and the south line of said Lot 13, and easterly extension thereof, and the south line of Lot 22, and the easterly extension thereof, to a Point of 13 ORD. NO. 19-09 Plat Sook 13, Page 77, as recorded in the Public records of Palm Seach County Florida; thence in a and the south line of Lot 19, of said Block L and the easterly extension thereof, to a Point of intersection with the centerline of S.W. 9th Avenue; thence in a southerly direction along said said Lot 6, to a Point at the southeast corner of said Lot 6; thence in a northerly direction along the east line of said Lot 6, and Lot 5, to a Point of intersection with a line 250 feet north of, and Parallel with, the south line of Lot 9, Plat of the Subdivision of 17-46-43, Plat Sook 1, Page 4, as recorded in said Block 13; thence in a northerly direction along the directly aforementioned Parallel line to a Resubdivision of Blocks 29 & 37, Plat Sook 9, Page 66, as recorded in the Public records of Palm 14 ORD. NO. 19-09 thence in an easterly direction to a Point at the southwest corner of Lot 10, Block 1, Plat of Selair Block 5, Plat of the Subdivision of Block 5, Plat Sook 21, Page 43, as recorded in the Public records of Palm Beach County, Florida; thence in an easterly direction along said extension, and the south line of Lot 16 and Lot 25, of said Block 5, and the easterly extension of the south line of said Lot 25, to a Point of intersection with the centerline of S.W. 7th Avenue; thence in an easterly direction to the Point of intersection of a line 385 feet south of, and Parallel with the north line Block 13, said thence in a southerly direction along directly aforementioned Parallel line to a Point of intersection northwest corner of said Lot 14; thence in an easterly direction along the north line of said Lot 14, and easterly extension thereof, to a Point of intersection with the centerline of S.W. 4th Avenue; centerline of S.W. 3rd Avenue to a Point of intersection with the westerly extension of the south line of the Plat of Palm Seach County South Count~Tudicial Center, Plat Sook 60, Page 124, as recorded in the Public records of Palm Seach County, Florida; thence in an easterly direction along said extension, and the south line of said Plat of Palm Seach County South County Tudicial Center, and easterly extension thereof, to a Point of intersection with the centerline of S.W. 2nd Avenue; the northwest corner of said Lot 24; thence easterl~g the north line of said Lot 24 to the southerl~g said centerline of S.E. 1st Avenue to the intersection with the centerline of the right of way of S.E. 2nd Street; thence easterl~ng said centerline of S.E. 2nd Street to the intersection of the northerl~proiection of the west line of Lot 2, Roebucks Resubdivision of Slock 103 (according to the Plat thereof as recorded in Plat Sook 28, Page 19 of the Public Records of Palm 18,19, 20, 21, 22, 23, and 24, of said Plat of Grace~yrd Subdivision to the northwest corner of Lot 24, of said Grace~yrd Subdivision; thence northerl~g the northern Proiection of the west line of said Lot 24 to the southwest corner of Lot 12, subdivision of Slock 118 (according to the Plat thereof as recorded in Plat Sook 2, Page 8 of the Public Records of Palm Seach County, Florida); thence northerl~g the west lines of Lots 12, 11, 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1, of said subdivision of Slock 118 to the northwest corner of Lot 1 of said subdivision of Slock 118; thence 22, 21, 20, and 19 of said Slock 117, to the southwest corner of Lot 18 of said Slock 117; thence easterl~ng the south line of said Lot 18, and easterl~proiection thereof, to the east right of way 15 ORD. NO. 19-09 intersection with the centerline of Swinton Avenue; thence southerl~ng said centerline of Swinton Avenue to its intersection with the westerl~proi ection of the north line of Lot 7, Plat of the Subdivision of Slock 69, Plat Sook 2, Page 43, as recorded in the Public records of Palm Seach County, Florida; thence easterl~g said westerl~proiection to the northwest corner of said Lot 7; 8, 9, 10, and 12 of said Roebucks Resubdivision of Slock 103 to the southwest corner of said Lot 12; thence southerl~g the south Proiection of the west line of said Lot 12 to the intersection with the centerline of the right of way of S.E. 3rd Street; thence easterl~g said centerline of S.E. 3rd Street to the southerl~vroiection of the west line of Lot 13, Grace~yrd Subdivision of Slock line of S.E. 7th Avenue; thence northerl~ng the east right of way line of S.E. 7th Avenue to the northwest corner of Lot 12, Palm Sauare, an unrecorded plat located in Block 125 and Block 133, said plat of the Town of Linton; thence easterl~g the north lot lines of Lots 12, 43, 59, and 90 of said unrecorded plat of Palm Sauare, and easterl~proiection of the north line of said lot 90, to the direction to the southwest corner of Lot 8, Block 4, Ocean Park Subdivision (according to the plat thereof as recorded in Plat Sook 5, Page 15 of the Public Records of Palm Beach County Florida); Block 2, of said Ocean Park Subdivision, to the northeast corner of said Lot 24; thence easterly to corner of said Lot 2, Block 1, of said Ocean Park Subdivision; thence easterl~ng an extension of the north line of Lot 2, Block 1, of said Ocean Park Subdivision to the mean high water line of the Atlantic Ocean; thence northerl~g said high water line to the point of beginning: Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or Ord be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. That this ordinance shall become effective immediately upon its passage on second and final reading. 16 ORD. NO. 19-09 Records of Palm Beach County, Florida; thence easterl~g the south line of said Lot A, to a point on the southeast corner of said Lot A; thence in a northerly direction along the west line of Lot 7, Block C of said plat of Tohn S. Reid's Village Subdivision to the northwest corner of said Lot Palm Beach County, Florida; thence easterly to the southwest corner of Lot 8, Block 3 of said Ocean Park Subdivision; thence easterl~g the south line of said Lot 8 to the southeast corner of said Lot 8; thence northerl~ng the east line of said Lot 8 and Lot 7 to the northwest corner of Lot 24, Block 3 of said Ocean Park Subdivision; thence easterl~ng the north line of said Lot 24, PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2009. ATTEST City Clerk First Reading Second Reading MAYOR 17 ORD. NO. 19-09 ~~ 1Va3433 ~,yMa31yM "~tlll ~ Ntl113N 'Oa LStl3 ¢ ~ ~ ~ >-i-O WUO s a ~g0 W ¢ W Z is ~ ~ p f=it ~ ~ ~ 2 ~ ~ ~ ~ O V JtlW m 0_O ~~ 0_00 i-V 3 m~O ti~ 2 U Ce0 W 3 ~ I ~ I ~ W o I~ I~ ~ In ~ l H1 S b~~ HZ{1 zY N ~ ~~ ~a atlnos W vd ZN ¢Q ~a e ~y H1L ~~F N~~ L'~N 'AH 'S'fl 3hV H19 ~3~5 p m U ION 'AH ~S'fl - '3AV H1S ~3 ~5 Z Q H1b ~3'N ~ '3Atl l H14 ~~ a~~~ 7 3~tl ~' U °a~ 0 ~w 0°oQ O U O ~ ut Q O 0_ C t Q ~ ~ W Y a 0 I'F~ ~ro~ M.S ~~~~ ~~ 2 opoo ~ ga ~ I ac M's x r "a °a~ ~ I ~ Hlb M'S ~~tl ' H1 ~M'S w H19 M'S Z II~TI ICI TI W L_11L1 4 M'S 1L Z~~~n ®~ H19 M'S aIJ HLfi '3/~tl HLB 'M'S O M'S U ~ 3Atl H10L 'M'S Q Z LLLL r J l_J~L1 Q '3n Hl ll 'M ~S ~~ PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: MARCH 16, 2009 AGENDA NO. V.C. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS ARTICLE 8.2, "THE DOWNTOWN DEVELOPMENT AUTHORITY (DDA)" TO ADDRESS THE 2003 REVISIONS TO THE "DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY ACT" (HB 299); AND TO MODIFY THE DDA BOUNDARY DESCRIPTION (APPENDIX B) AND MAP TO INCLUDE THE EXPANDED DDA AREA BETWEEN SWINTON AVENUE AND I-95. 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 Article 8.2 dealing with the Downtown Development Authority. This text amendment was initiated by the Planning & Zoning Board on February 23, 2009. 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. DESCRIPTION AND ANALYSIS In a January 27, 2009 memorandum, City Attorney Susan Ruby compared the functions of the DDA in the Land Development Regulations to those outlined in Special Act, HB 299, Engrossed, 2003, and noted that one of the DDA functions in the Special Act-"to participate actively in plans and programs to encourage economic development and promotion of the Downtown as prosperous Downtown Area"- is not expressly included in LDR Section 8.2.2(E), "Functions of the Authority", while all other functions in the Special Act are expressly included. One of the purposes of this amendment is to update Article 8.2 so that all of the 2003 revisions, including references, are included. While most of the changes are minor, the amendment does include several changes related to an increase in the size of the DDA Board from five to seven members. An additional part of this text amendment is to modify Section 8.2.2(B), "Downtown Area Description", to address expansion of the DDA area between Swinton Avenue and I-95 which occurred by Referendum Election in 1998. Although the referendum was approved, the DDA boundary map and the boundary description (Appendix B) were not amended at that time to include the expanded area. 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. Planning and Zoning Board Staff Report LDR Text Amendment -Article 8.2, "Downtown Development Authority (DDA)" Page 2 The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS 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 March 9, 2009, the Downtown development Authority (DDA) recommended approval of the proposed text amendment. On March 11, 2009, the West Atlantic Redevelopment Coalition (WARC) recommended approval of the proposed text amendment. On March 12, 2009, the Community Redevelopment Agency (CRA) recommended approval of the proposed text amendment. ASSESSMENT AND CONCLUSION The purpose of this text amendment is align Article 8.2, "The Downtown Development Authority (DDA") of the Land Development Regulations with the State Law which establishes the Authority (Chapter 2003-314, Laws of Florida). The amendment also corrects an oversight that the description and map of the DDA area should have been revised in the Land Development Regulations following the 1998 change in the area's boundaries. 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 Article 8.2, "The Downtown Development Authority (DDA)" to address the 2003 revisions to the "Delray Beach Downtown Development Authority Act" (HB 299); and to modify the DDA boundary description (Appendix B) and map to include the expanded DDA area between Swinton Avenue and I-95, 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: • DDA Area Location Map • Proposed Ordinance 19-09 s:\planning & zoning\boards\p&z board\Idrarnendment-dda.doc