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06-01-10 Regular MeetingCity of Delray Beach Regufar Commission Meeting RULES FOR PUBLIC PARTICIPATION 1, PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings Taesdav, Tune 1, 2010 and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three .:minutes or less. The Mayor or Regular Meeting 6.00 p.m, presiding officer has discretion to adjust the amount of time allocated. Public Hearings 7:OO p.tn. Commission Chambers A. Public Hearings: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Nnn-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment ar direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other Phan those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign. in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission an an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have mat already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record, 100 ]vW 1st Avenue Delray Beach, Florida 33444 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, Phone: (561) 243-7000 prO~~> or activity conducted by the City. Contact Doug Sszaith at 243-7010, Fax: (561} 243-3774 24 houxs prior to the event in order for the City to accommodate your request. Adaptive listening devices are available far meetings in the Commission Chambers. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. None 6. PROCi.AMATIONS: A. Recognizing Student Ambassadors: Chelsea Brandt, Sofia Ellingsworth, Matthew Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubow and Robert Weil B. Parks anal Recreation Month -July 2010 7. PRESENTATIONS: A. None $. CONSENT AGENDA: City Manager Recommends Approval. A. REVISION TO THE GRANT AWARD FLORIDA DEPARTMENT OF TRANSPORTATION FDOT AGGRESSIVE DRIVING: Accept a .revision to the grant award from the Florida Department of Transportation (FDOT) in the amount of $25,000.00 fox implementation of an aggressive driving/speed enforcement program. B. AMENDMENT NO. 3 TO DOWNTOWN MA1tKETING CO-OPERATIVE AGREEMENT AND AN AGREEMENT: Approve Amendment No. 3 to the old Downtown Marketing Cooperattve Agreement which terminates the agreement anal approve a new Downtown Marketing Cooperative Agreement, subject to the respective Boards of the Downtown Marketing Cooperative members. 06/01/2010 -2- G SPECIAL EVENT RE VEST 4th OF ULY FESTIVITIES: Approve a special event request for the 4th of July Festivities, including granting a temporary use permit per LDR Section 2.4.6{F) for the closure of Atlantic Avenue from the east side of N.E./S.E. 7th Avenue to Ocean Boulevard, and Pram the south side of Thozx~as Street to the north side of Miramar on Ocean Boulevard from 2:00 p.m. to midnight; to waive Code of Ordinances Sections 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly an the beach and vendors; to allow all beach parking lots to remain open until approximately midnight; and to approve staff support for security and traffic control, street barricading and banner hanging, new large stage and half of small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. D. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 24, 2010 through May 28, 2010. E. AWARD OF BIDS AND CONTRACTS: Contract award in the amount of $55,810.00 to Johnson-Davis, Inc. for emergency repair of the aerial Force Main Crossing at Lift Station 501ocated along Lowson Blvd, west of Congress Avenue. Funding is available from 442- 57.78-536-6351 (W & S Renewal & Replacement Fund Improvements Other/Sewer Mains). 2. Purchase award in the amount of $52,833.65 to DGG Taser to replace seventy- five (75) Tasers. Funding is available from 115-2112-521-49.90 (Special Projects Fund: Other Current Charges}. 9. REGULAR AGENDA: A. WAIVER RE(?UESTS/TEMPORARY PARKING LOT./PALM BEACH COUNTY. TAX COLLECTOR/DMV RENOVATION: Consider a request for a temporary parking lot and associated waivers for the Palm Beach County Tax Collector/DMV Renovation located at 451 & 511 South Congress Avenue. (Quasi- Judicial Hearing) B. CONDITIQNAL USE RE UEST/DELRAY SCRAP RECYCLING: Consider a conditional use request to allow establishment of a scrap metal recycling facility fox Delray Scrap Recycling to be contained in a completely enclosed building, within Bays 11 anal 12 of the Linton Center industrial complex, located east of I-95 at the intersection of Poinsettia Drive and Tangelo Terrace. (Quasi JudrelalHeaxirtg) C. WAIVER REQUESTS/CANNERY ROW: Consider again approving three {3) waivers to Land Development Regulations (LDR) Section 4.6.18(B){14)(iii){1)(b), Section 4.6.18 (B) {14) (v) (2), and Section 4.6.1$(B) (14) (v) (3}, "Buildings Within the Downtown Area", for Cannery Row, located at the southwest corner of Pineapple Grove Way (N.E. 2nd Avenue) and N.E. 4th Street. (Quasi;judicialHearing) 06/01/2014 -3- D. AMENDMENT, T,O,,,AN IN-LIEU OF PARHING AGREEMENT/ATLANTIC OCEAN CLUB (F/KfA BOB'S FAMOUS BARS Consider modifying a condition of approval fox off-site parking spaces associated with the in-lieu parking spaces provided to reduce on-site spaces from eleven (11) to eight (8) for Atlantic Ocean Club (f/k/a Bob's Famous Bar) located at 217-219 East Atlantic Avenue. (Quasi Judicial Hea,rulg) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 10-10 (FIRST READING/FIRST. PUBLIC HEARING Providing for the acceptance of the resurvey report of Old School Square Historic District including extending the Period of Significance to 19G5 and reclassifying 13 properties from non-contributing to contributing. If passed, a second reading second public hearing will be scheduled for June 15, 2010. B. RESOLUTION NO. 31-10 CONTRACT FOR SALE AND PURCHASE/COLA JONES/11$ S.W. 6th _ STREET: Consider approval of Resolution Na. 31-10, a Contract for Sale and Purchase between the City and Lola. Jones for the property located at 1 M S.W. 6th Street in the amount of $82,500.00. Funding is available from 441-5161-536-61.10 (Water & Sewer Fund: Land/Land Acquisition Cost). 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 14-10: Consider approval of Ordinance No. 14-10 amending Section 110.15, "Local Business Tax Schedule", of the Code of Ordinances in order to provide far an increase in rates. If passed, a public hearing will be held on June 15, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Comtx~ission POSTED: MAY 28, 20'E 0 o~/a1/2a1o -4- Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: May 24, 2010 SUBJECT: AGENDA ITEM (.A. -REGULAR COMMISSION MEETING OF JUNE 12010 SISTER CITIES STUDENT AMBASSADORS PROCLAMATION ITEM BEFORE COMMISSION Seven {7} high school students, representing American Heritage High School, Atlantic High School and Boca Raton High School, will travel to Japan for the period of June 11- 19, 2010. The trip is sponsored by Sister Cities of Delray Beach, Inc., and this is the 6~ student exchange sponsored by Delray Beach's Sister City organization. The students will first visit our sister city of Miyazu, Japan. While there, they will have the opportunity to stay with a host family and attend classes at Miyazu High School with their host student. The last 2 days in Japan will be spent in Kyoto, Japan, visiting historical sites. An audience with the Governor of Kyoto Prefecture is also being arranged.The relationship between Miyazu and Delray Beach promotes a great sense of brotherhood, friendship and amity between our two great cities. Sister Cities program will be recognizing Student Ambassadors: Chelsea Brandt, Sofia Ellingsworth, Matthew Feldman, Matthew Kondziela, Jacqueline Lowell, Danielle Trubaw and Robert Weil. httpa/miweb001/Agendas/Sluesheet.aspx`?ItemID-3357&MeetingID=260 5/28/2010 WHEREAS, the Sister City Program was initiated by President Dwight D. Eisenhower in 196 as an avenue to open communication and a means to promote friendship and understanding between nations and Iessen the chance of Future world conflicts; and WHI:RFAS, the relationship between the people of Miyazu, Japan, and Delray Beach, Florida, actually began at the turn of the century when the Florida East Coast Railway helped Jo Salmi establish the Yamato Colony along the railroad near Boca Raton; and WHEREAS, among those early settlers was George Sukeji Morikami, whose hometown was Miyazu, Japan, and who later donated his Iand near Delray Beach to Pahn Beach County and the Iand is now home to the Morikami Museum and Japanese Gardens; and WHEREAS, the Sister City program serves as a vehicle to bring people of different geographic areas of the world together. To that end, the City of Delray Beach, Florida and Miyazu, Japan established a Sister City affiliation in April 1977; and WHEREAS, during the past 32 years our communities have had city officials and citizens exchange visits and have established Student and Business Exchange Programs. Delray Beach Sister Cities is enthusiastically sending its sixth Student Exchange delegation to Miyazu on June 11, 20I0; and WHEREAS, the relationship between Miyazu and Delray Beach brings about a great sense of brotherhood, friendship and amity between our two great cities. NOW, THEREFORE, I, NELSON S. McDUFFII:, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission and citizens of Delray Beach, do hereby recognize Chelsea Brandt Sophia Ellingsworth Matthew Feldman Ma (thew Kondziela Jacqueline Lowell Danielle Trubow Robert Weil as Student Ambassadors representing both the City of Delray Beach and the Student Bodies of Atlantic I-Iigh School, American Heritage School and Boca Raton High School. We send our best wishes for good health and fortune to aI1 the citizens, and especially the Students, of Miyazu, Japan, and extend our hands in friendship and peace. 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 15c day of June, 2010. NELSON 5. McDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: May 25, 2010 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF JUNE I, 2tFlfl PARK AND RECREATION MONTH PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing July 2010 as "Parks and Recreation Month". http:l/mir~veb001 /Agendas/Bluesheet.aspx?ItemID-3360&MeetingID=260 SI28/2010 WHEREAS, parks and recreation programs enhance our quality of life by contributing to a healthy lifestyle, increasing communication skills, building self-esteem, teaching life skills, and providing places for enjoyment; and, WHEREAS, parks and recreation programs boost the economy, enhance property values, attract new business, increase tourism, and reduce crime; and, WHEREAS, our parks and trails ensure ecological beauty, provide space to enjoy nature, help maintain clean air and water, and preserve plants and wildlife; and, WHEREAS, opportunity for recreation builds family unity, strengthens neighborhood involvement, provides for social interaction, enhances education, develops creativity, and promotes cultural diversity; and WHEREAS, recreation, therapeutic recreation, and leisure education are essential to the rehabilitation of individuals who have been ill or disabled; and, WHEREAS, Parks and Recreation Departments, such as the City of Delray Beach, provide countless benefits for their citizens. NOW, THEREFORE, [, NET~SON S. McDuffie, Mayor of the City of Delray Beach, Florida, do hereby proclaim July, 2010, as "PARKS AND RECREATION MONTH" in Delray Beach and urge that attention be directed to the many ways in which parks, recreation and civic groups, public schools, private organizations, and other agencies may expand recreation facilities and programs so that every citizen will have the opportunity to develop meaningful and satisfying leisure activities. 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 1st day of June, 2010. NELSON S, McDUFFIE MAYOR Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Off cer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: May 26, 2010 SUBJECT: AGENDA ITEM S.A. _ REG[TLAR COMMISSION MEETING OF JUNE 1, 2010 REVISION TO THE GRANT AWARD/FDOTIAGGRESSIVE DRIVING PROGRAM ITEM BEFORE COMMISSION The Police Department seeks acceptance of a revision to the grant award from the Florida Department of Transportation's (FDOT} aggressive drivinglspeed enforcement program. The new award amount is $25,000 (revision letter attached). BACKGROUND On 11/3/09, Commission accepted a prelixninary award from FDOT far the implementation of an aggressive driving/ speed enforcement program in the amount of $48,800. Funds were allocated for an unmarred police vehicle and related equipment for the current FY 09-10 year. However, funds were not released by the state until now. FDOT contacted our agency and informed us that both the funding allocation and the scope of our project have to be revised. Vehicles are no longer eligible, however overtime for enforcement activities will be. The funding amount has been reduced to $25,000 but still needs to be expended by September 30th of this year. Although we are not requixed to resubmit our application, our Department does need to submit a revision letter. The revised letter is attached and requests funding to support overtime for enforcement activities. DBPD believes that this funding will help to provide the citizens of Delray Beach with safer roads. RECOMMENDATION The DBPD recommends acceptance of the revised FDOT aggressive drivinglspeed enforcement grant. httpalmiweb001/Agendas/Bluesheet.aspx?ItemID=3367&MeetingID-260 5/28/2010 Atitt~~n~+ ~V.~~ri~n~~~ ~~}~ ~~ £7iiCG /pp/er~ ~~~}yy/~ ;y} P - :_ ~ L7ELkAY ~CF~ N ~ K•apMt ~y ~y ry k1t~ ~~~Al~M~ ~Y~~~~~ 1 ~ ~~ilt~~ 1l§J #Y~r~ /°V t ~~ yy rr ~~ 77 rr~~ 4c] ~~3~Z~;j ~~~~.'~ ~I~~~G~. w3+J~~'a7~~ 9 e~LUf.-i~ $~ C~ 7 ~4~ '; ~~}~ ~ r ..3Si C' +CE6V'~ ~ t ~. ~~p~~x;r,rr,3Tf`~.¢~_~t~c~r~, ~r~y~yr? t~p~r[r~~~~;~r pr ~° p~~yyn 'y7~[T"~~s s~i.Fi ~r'#~~.`~Sq''`g~~1~~ i~3 {3i5S ty S-}h~~"~'' ~~ba e$t w'94~ C~~~ ~~ ~T~ €~~~ ~:~ ft~I6~a-~ y~c~r c~PSi:.:rst~ r:~~ii ~u~„ .";; r r~.e:~~i~i~t e3~d~ tu~~~ ~m~~t~~r~ [~~ ~r tai;--, ~~t~r i~ tcs ~~~i ~.~~_ ~~3~=• e~i~4rtrr+.~r~~ ~~xt lii;~ t~~ pr.~rsta~ t rest~t~t€ ~1Q iti~T ~y~c~l~srs~ ~~~:rr~*~rtrit: rr~~ ~uf~i;.'tt i'~:~ a~~~ '~~.~~ ~°r~l~~L,l~, ~°t~t i~ i~ ~i ~f ~~ ~a~ir~~, ~; ~~r~t ~~~~~~ f~~ ~ v~tfiiR[~ ~ the ~r~~t~ ~-~s~~crt~tcf ~ i~< '~ ~rr~ tiff ~h drs~~r~di~i~ tit r~~is~~f ~i~.i~r.tit~r~ €~ r~~t r~r~~~=E-~d ~~ tt~ .~: ILt t.~~r- .~i~ r t~~ [r~c~~~t vuitE ~a~ff, ~ ~~t~i tf~, ~ -~~ f~r~ ~t~ ~r~r s~~dJ~r~~~ drlt ~~td sE Eeiv ~r~fi~~rr~~~t~s..:e~.~ witl ~iifzi~ t~ ~t ~; ~C1 tt~~ Pt ~i~r~td Pl~~ir~ ~Pf~P~ L~tCS i"r~~ t~+~~ a~~i ~ t;~r s~_~~~U 1nt 'sn ~~ ~~ ~t~ is ~~Ciy ~~ ~ LL~l,:~it~g ~~~~ ~~ try rill ~ dtaita~?~ct. ~ ts4r rf-~ i~ti6ixrb ~ta~ r~~rs~y fir ~~~t~ ~~~r~s~> ~c~ t, ~nl~ ~rtd ~,ritt r~~~ ~ pest ~~'rt s~lt~ ~r ~.r~etii< ~~ i~ ~t~i5 ~~t~tP ~"ra~c ~ ~F~ ir~t~,d~rrrr~l tit ~lb~d ~~ ~'}t~ ~~~#~jen,~fr~.si~~ r~t~ ~r~er~~tt tr€€t tt ~~a~ta ~re~tes~ atls i~ ~~r~as t~~ ~~r~ r~ ~sv,r~ pr~bl~rt~~ i~ ~p~~d d are~st~re c#~t~ing. ~w t~~~~i~~~atts ~t~ilt ~ i~~ ~`F:~~ar-~r b{ ~~; ~ t~ir~~ b t dirk r~~~t. 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Barcinski, Assistant CityManager THROUGH: David T. Harden, City Manager DATE: May 28, 2010 SUBJECT: AGENDA ITEM S.B. -REGULAR COMMISSION MEETING OF JUNE X 2010 AMENDMENT N0.3 TO THE DMC AGREEMENT AND AN AGREEMENT ITEM BEFORE COMMISSION City Commission is requested to approve Amendment #3 to the old Downtown Marketing Cooperative Agreement which terminates the agreement and approve a new Downtown Marketing Cooperative Agreement, subject to the respective Boards of the Downtown Marketing Cooperative members. BACKGROUND Attached is a copy of Amendment #3 and the new Downtown Marketing Cooperative Agreement, which was prepared by our City Attorney with input from the Downtown Marketing Cooperative Board members and their attorneys. At their meeting held on May 27, 2010, the Downtown Marketing Cooperative Board voted to recommend approval to their respective boards. My understandixzg is that the CRA Board approved the amendment and new agreement at their May 27, 2010 meeting. RECOMMENDATION Staff recommends approval of Amendment #3 to the old Downtown Marketing Cooperative Agreement and the new agreement. http://miweb001/AgendasBluesheet.aspx`?ItemID=3372&MeetingID=260 512$12010 AMENDMENT NO. 3 TO DOWNTOI~VN MARKETING CO-OPERATIVE AGREEMENT THIS AMENbMENT NO, 3 is made this day of , 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "CRA"), the GREATER DELRAY BEACH GHAMgER OF COMMENCE (hereinafter referred tc as the "Chamber"}, and the CITY OF DELRAY BEACH (hereinafter referred to as the "City"), WITNESSETH: 1NHEREAS, the CRA, Chamber and City mutually covenant and agree tv amend and modify the Downtown Marketing Co-Operative Agreement entered into on Allay 11, 2006 and as Amended on November 6, 200T and December 17, 2008 #o provide for the termination of the Agreement. NO1PV, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as foliows: 1. The recitations referred to above are hereby incorporated herein. 2. Paragraph 3, "Term", of the Agreement, steal! be amended in its entirety to read as follows: 3. Term. The term vfi this Agreement shall be from January 1, 2009 and ending Sece~°r ~G~T u on the execution ofi the A reement attached hereto as Exhibit "R" between the CRA DDA Chamber Clt and the Delra Beach Downtown Marketing Cooperative, _ Inc. ~ ~~'~,~,G~o^MOr +°rr-^~ir»4°d_ "1"~o h~~,e~ Y....,.~ 3. Alf other terms and conditions of the Agreement of May 11, 2005 and as amended on No~ernber 6, 2007 and ^ecember 17, 2008, not in conflict with this Amendment No. 3 shall remain in full farce and effect and are incorporated herein. ATTEST: C4MMUNfTY REDEVELOPMENT AGENCY By: Secretary Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH Tl~e foregoing instrument was acknowledged before me this day of 2010 by as of Corporation, on behalf of the corporation. I-lef5he is personally known to me or has produced as identification, Notary Public -~ State of Florida ATTEST: GREATER DELRAY BEACH CHAMBER QF CUMMERCE By: Secretary ~ Print Name: Title: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2010, by as of ~ Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. 2 ATTEST: City Clark Approved as legal sufficiency and Form: By: Notary Public -State of Florida CITY OF DELRAY BEACH, FLURIIaA sy: Nelson S. McDuffie, Mayor City Attorney STATE OF FLORIDA COUNTY OF PAtwM BEACH The #oregoirtg instrument was acknowledged before me this day of 20~ (} by as of Corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida 3 AGREEMENT BETWEEN THE CITY, DDA, CRA, CHAMBER OF COMMERCE AND THE DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, INC. THIS AGREEMENT is made this day of , 2010, by and between the COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF DELRAY BEACH (hereinafter referred to as the "CRA"), the DELRAY BEACH DOWNTOWN DEVELOPMENT AUTHORITY {hereinafter referred to as the "DDA"), the GREATER DELRAY BEACH CHAMBER OF COMMENCE (hereinafter referred to as the "Ghamber"}, the CITY OF DELRAY BEACH {hereinafter referred to as the "City") and the DELRAY BEACH DOWNTOWN MARKETING COOPERATIVE, 1NC. {hereinafter referred to as the "DMG"). V111TNESSETH: WHEREAS, the CRA is a Community Redevelopment Agency created pursuant to ~lflric~a Stafute Chapter 163 and has as its purpose the redevelopment of portions of the City of Delray Beach located within its geographically designated redevelopment area; and WHEREAS, the DDA is a special taxing district created ~y special act of the Legislature of the State of Florida and the DDA is responsible for the economic development of the geographic area defined pursuant to its Charter; and WHEREAS, the Chamber has as one of its primary missions the providing of support to the economic community within Delray Beach; and WHEREA&, the City is a Florida municipal corporation and has the home rote power to enter into agreements as herein provided; and WHEREAS, the parties hereto have heretofore joined forces to develop and administer as a cooperative program for downtown Delray Beach, and have formed the Delray Beach Downtown Marketing Cooperative, lnc.(DMC}; and WHEREAS, this agreement replaces ail other previous agreements between the parties as to the special events referenced in this agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. Recitals. The recitals set forth herein ara hereby incorporated as if fully set forth herein. 2. Term. The term of this Agreement shall begin when all of the parties have adopted this Agreement. 3. Financial and Other Su ort. The parties to this Agreement agree to provide financial and other support to the DMC in support of the mission as foiiows; (A} GRA -The GRA agrees to provide a cash contribution as agreed upon in the annuai budget process. (B} DDA -The DDA agrees to provide a cash contribution as agreed upon in the annual budget process, (C} Chamber -The Chamber agrees to provide a cash contribution as agreed upon in the annual budget process as well as in kind services as provided during the Chamber's annual budgetary process. (D} City -The City agrees to provide in kind services in support of events sponsored by the DMC as Weil as those sponsored by the City and for which by contract the DMC provides support. 2 4. Termination. A party may terminate its participafion under the terms of this Agreement by giving 60 days written notice to the other parties; provided however, the party{ies} who terminate(s) shall pay its prorata share of expenses incurred through the effective date of termination. A termination by a party to this Agreement does not affect the status of the DMC. 5. Office Location. The pMC shalt maintain its office for the period of this Agreement at the offices of the Chamber of Commerce, 64 SE 5!" Avenue, Delray Beach, Florida. 6. Fireworks. {A) The DMC .agrees to be the named sponsor for the annual fireworks display with the City's cooperation for the annual Fourth of July fireworks. {B) The fireworks display shall take place off the City's public beach or at another location mutually acceptable to the parties. {C) The DMC agrees to be responsible for soliciting of bids and contracting for the fireworks show, barge rental and docking of barge, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems, as may be needed, recruiting, training and scheduling the services of volunteers if needed, and for fund raising and obtaining sponsorship to cover the casts of the event. The City and the DMC agree to cooperate in order to insure that the necessary permits and approvals are obtained. {D} The DMC shall take all actions to insure that the contracted cost of the fireworks display and other event costs do riot exceed the amount of funds available through sponsorships and the City's annual contributions. 3 (E) The DMC is responsible for the collection and deposit Qf all cash contributions for the event, including, but not limited to the City's contribution. The DMC agrees to make all payments to the fireworks contractor to include display, as well as all other costs associated with the event not paid for lay the City. (F) The City will make a minimum contribution as agreed upon in the City budget process to the DMC for the term of this Agreement, of which said funds may be used to offset the costs of the Fourth of July Fireworks display. Any requested increases to this amount will be considered during the Annual Operating Budget review. (G) The DMC shalt provide the City with a properly executed insurance certificate obtained by the contractor no later than June 25t" of each year of the agreement which indicates that the fireworks contractor has general liability insurance in the amount of $1,000,000.04 with the City, CRA, DDA, and Chamber of Commerce and the DMC named as additional insured on the policies. (H) The DMC shag also provide a properly executed indemnification agreement, a copy of which is attached hereto as Exhibit "A" signed by the fireworks con#ractor na later than June 25{h of each year of the agreement. (I) In addition to the faregaing, the City shall provide at its own expense, the site of the event; crowd and traffic control, trash removal, parkaiete, portable fighting, electrical hookups, barricading and banner hanging, and be responsible far the public safety operation and coordination of the event at which the fireworks are displayed. 4 T. Art & Jazz on the Avenue and Similar Events. {A) The DMC shah hold a minimum of six {6) "`Art & Jazz on the Avenue" events or events similar thereto each year. (8) The duties and responsibilities of the City for these events is #o provide, at its own cost and expense except as otherwise modified in this Agreement, security and traffic control assistance, provide trash removal and clean up assistance, set up of street barricades, hang and remove light pose banners as required, provide EMS assistance when necessary, and provide overall coordination and planning assistance as required. {C) The duties and responsibilities of DMC for these events is to provide, at its own expense, for fundraising and sponsorship, promotion, advertising and public relations, contracts for entertainment and sound and lighting systems as may be needed, secure the services of volunteers as needed, and provide the lead for coordination and planning services for the events. (D) As compensation for City services which .includes stage rental as well as overtime costs, the DMC will pay the City thirty-five percent {35%}, or such other percentage as set by the City, of its costs over One Thousand Dailars ~$1,Ot)D) per event, The DMC also agrees to pay full casts of any equipment the City is required to rent from a contract supplier to support the event as well as rental cos# of the large hydraulic stage, {E) To the extent that the DMC enters into written contracts with a contractor, DMC shall require the contractor to provide an indemnification as provided in Exhibi# "A" hereto. 5 8. Tree and Holiday Even#s. (A) The Gity shall, at its own expense, store the tree; transport tree storage containers to and from site, repair and maintain the tree and the accompanying scenes and scene containers, prepare and restore tree site, facilities, property, and equipment to the same condition as it existed on the date preceding the event commencement, provide staff assistance for tree assembly and disassembly, assist in installation of scene containers and scenes, provide overall coordination and planning with assistance from the pMC for tree installation and removal, provide restroom facilities for volunteers, workers, and the public, replace tree and scene components as necessary and provide a cash contribution of $25,000 to $50,000 per year based on budget availability for the cost to assemble and disassemble the tree. The City is also responsible for miring site security which costs are to be shared by the DMC and Old School Square. (B) The 13MC, at DMG's own expense, shall be responsible for fundraising and securing sponsorships to help offset casts associated with the tree. The DMC is required to obtain City approval prior to adding any additional structures or activities which would increase the Gity's maintenance, installation, repair, storage, and liability costs. Further, the ©MC is responsible for the promotion, advertising and public relations. The QMC shall provide contract services for tree assembly and disassembly to include steel erecting (which includes the rental of a crane and a 100` bucket truckj, electrical installation, and transport of tree frame to and from site as necessary and agreed to recruit, train and schedule the services of volunteers to assist in tree and scene assembly and disassembly and in manning the tree when open. The ©MC shall 6 also be responsible to plan, schedule, and coordinate the volunteer effort for assisting the City with coordination and planning for tree installation and removal and to provide security at tree site and appropriate cost sharing as approved by the City. DMC is also responsible for collecting and depositing donated funds. 9. First Night. (A) The City sha11 provide oversight for all aspects of the event, prepare the budget, review and approve all expense requests and contracts, prepare all requisitions, purchase orders and check requests, deposit and keep a record of all revenues, provide logistic support and stafl=~ng for traffic, security, cleanup and trash removal and EM5 assistance, provide barricades, signs, and installation of same, instali banners, provide clean-up and trash removal, restore the site, facilities, property and equipment to the same condition as it existed an the date preceding the event commencement. The City shall hire part-time event staff as may be needed and maintain the event license. Ail promotional materials prepared by the ©MC must be approved by the City. (B) The DNIC shall recruit, train and schedule volunteers and make event assignments and obtain sponsorships, provide marketing and public relations services and provide technical and planning assistance as needed. The DMC shall assist the City in planning the even#, selection of entertainers and artists and obtaining contracts from such entertainers and artists, and making recommendations regarding the purchase of supplies and materials. 1 Q. Insurance. If the DMG enters into written contracts with a contractor, the DMC shall require the contractor to provide insurance in amounts acceptable to the DMC and to the City and contractor shah be required to name the City, CRA, dDA, the Chamber of Commerce and Ofd School Square, if the Event is located on Old School Square property, and the ©MC as additional insureds. '# 1. Third Parties. Rlothing in this Agreement, whether express or implied, is intended to confier 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 tv 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 12. Governing laws; venue. This agreement sha11 be governed by the laws of the State ofi Florida. Venue for any proceeding arising out of this agreement shad be in Palm Beach County, Florida. 13_ Binding Effect, All of the terms and provisions of this Agreement shah 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. 14. Entire Agreement. This Agreement shah constitute the entire agreement of the parties with respect to the subject matter of it. Ail 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. 15. Amendments. This Agreement may nvt be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 8 16. Responsibilities of the Parties. Each Party shall be responsible for its own negligence and nothing herein steal[ be deemed a waiver of sovereign immunity or the limits of liability set forth in Florida Statute Section 788.28. 17. Access fo Records. DMC hereby gives the other parties to this Agreement, through any authorized representative, upon reasonable notice, access to and the right to examine all records, books, papers, or documents relating to the funding provided pursuant to this Agreement. OMC hereby agrees to maintain hooks, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the other parties under this Agreement in accordance with the Florida Public Record Laws as provided in Chapter 119, Florida Statutes, as may be amended from time to time, and far at feast a minimum of three (3) years following the termination of this Agreemen#. DMC hereby agrees that if it has caused any funds to be expended in violation of this Agreement, it shall be responsible to refund such monies in full to the other parties (on a pro-rata basis}, ar if this Agreement is still in force, any subsequent request for payment shall be withheld by the other parties. 1N 11VI`l'NESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST; Secretary COMMUNITY REDEVELOPMENT AGENCY By: Print Name: Title: 9 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was ackrt©wledged be#Qre me this day of 209 0 by _ ~ _ as afi corporation, on behalf of the Corporation, He1She is personally known to me or has produced as identification, ................................... Notary Public -- State of Florida ATTEST: ©OWNTOWN ©EVEL{3PMENT AUTHORITY By: Secretary Print Name: Title: STATE OF FLORIDA COUNTY OF PALM 6EACH The foregoing instrument was acknowledged before me this day of , 209 0 by _.....----- as of - . , ._ corporation, on behalf of the corporation. HeJShe is personally known to me or has produced as identification. Notary Public -State of Florida ATTEST: GREATER ©ELRAY BEACH CHAMBER OF COMMERCE By: Secretary Print Name:_ 90 STATE OF Ft,ORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged bef©re me this day of 20'10 by as _ . -- of corporation, on behalf of the corporation. He1She is personally known to me or ~ has produced as identification. Notary Public -~ State of Florida ATTEST: City Clerk Approved as legal sufficiency and Farm: ey: City Attorney STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF ©ELRAY BEACH, FLORIDA By: Print Name: Title; Mayor The foregoing instrument was acknowledged before me this day of 200 by as of corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Notary Public -State of Florida ATTEST: DELRAY BEACH 1pOWNTOWN MARKETING COOPERATIVE, INC, Secretary By: Print Name; Title: 'f 1 STATE OF FhORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2Q10 by as of ~ _„ , corporation, on behalf of the corporation. He1She is personally known to me or has produced as identification. Notary Public -- State of Florida 12 i=XHiBiT "A" INDE11flNIFICATION AND HOLD HARMLESS AGREEMENT For and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration, the undersigned contractor agrees as follows: The Contractor shall indemnify, defend and save harmless to the extent of its insurance coverage, the Downtown Marketing Cooperative (DMC) and its members and the members' entities and Old Schaal square, Inc., for events taking place on 41d School Square property, therein known as the Indemnitees), their officers, agents, and employees, from or on account of any claims, damages to person or property, received or sustained by any person or persons during or on accaunt of any action, activity or inaction arising from, connected to or resulting from the work provided far this Project; or by or inconsequent of any negligence in connection with the same; or by use of any improper materials or by or on account of any use of any materials ar by or on accaunt of any act or omission of the said Contractor or his subcontractors, agent, or servants or employees. Contractor agrees to defend, indemnify and save harmless the Indemnitees, their officers, agents and employees, against any liability arising from ar based upon the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by~ the Contras#or, his subcontractors, agents, servants or employees. Contractor further agrees to defend, indemnify and save harmless the Indemnitees, their officers, agents, or employees from all such claims, fees,- and from any and all suits and actions for every name and description that may be brought against the indemnitees or their officers, agents or employees on accaunt of any claims, fees, royalties, or costs far any invention or patent, and from any and all suits and actions that may be brought against the indemnitees, their officers, agents yr employees for the infringement of any and all patents or patent rights claimed by any person, firm, or corporation. The indemnifiication provided above shall obligate the Contractor to defend, at his own expense or to provide far such defense, at the Indemnitees' option, any and all claims or liability and all suits and actions of every name and description that may be brough# against the Indemnitees, their officers, agents, ar employees which may result from the operations and activities under this Contract whether the work be performed by the Contractor, his subcontractor or by anyone directly or indirectly employed by either. This indemnification and hold harmless agreement includes all casts and fees Including attorney's fees and costs at trial and appellate levels. Dated this day of , 2010. Contractor By: Title: 13 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: ROBERT A. BARCINSKI, ASSISTANT CITY MANAGER THROUGH: DAVID T. HARDEN, CITY MANAGER DATE: May 26, 2010 SUBJECT: AGENDA ITEM S.C. -REGULAR COMMISSION MEETING OF JUNE I, 2©X4 SPECIAL EVENT REOUESTI4TH OF JULY FESTIVITIES ITEM BEFORE COMMISSION City Commission is requested to endorse the Ott' of July Festivities, grant a temporary use permit per LDR's Section 2.4.6(F) for the closure of Atlantic Avenue from the east side of NE/SE 7~ Avenue to Ocean Boulevard and from the south side of Thomas Street to the north side of Miramar on Ocean Boulevard from approximately 2:00 p.m. to midnight, to valve City Ordinances 101.25 "Commercial Enterprises" and 101.32 "Assemblies" to allow assembly on the beach and vendors, and to allow all beach parking lots to remain open to approximately midnight. Commission is also requested to provide staff support for security and traffic control, street barricading and banner hanging, new large stage and half of small stage set up and use, EMS support, use of City generator, signage, and clean up and trash removal. SACKGROIIND Attached is the event permit, budget, site plan and activity schedule for this event. The Ott' of July Festivities are sponsored by the City through the Parks and Recreation Department in partnership with the Downtown Marketing Cooperative. The Parks and Recreation Department is responsible for event management, planning, and coordination of staff support. The Downtown Marketing Cooperative contracts with the fireworks vendor for the display, barge and dockage fees, entertainment, assists in fundraising, helps obtain sponsors and vendors, develops and delivers promotional materials, and obtains and coordinates media coverage. The Downtown Marketing Cooperative staff continues to raise funds to offset the costs other than City staff overtime. The event schedule is attached with fireworks beginning at approximately 9:00 p.zz~. The cast of the fireworks display, barge rental, docking fees and other costs are approximately $80,000. The City contributes $38,000 to the Downtown Marketing Cooperative to help offset the costs of the fireworks display and barge rental. Overtime costs for staff support are approximately $37,180 and are paid for through the City departmental budgets. In addition, barricade rental costs, portable httpalmiweb001/Agendas/Bluesheet.aspx?ItemID=3365&MeetinglD-260 5/28/2010 Page 2 of 2 lighting rental costs, crowd pleaser and port-a-let rental and sound equipment costs are approximately $3,484, which are also paid for the by the City since this is a City sponsored event. Liability insurance is assumed by the City. RECOMMENDATION staff recommends approval of the event, the temporary use permit for street closure, waiver of City codes to allow assembly on the beach and vendors on A-1-A, appraval of parking lot closure extension, and staff support as stated. httpalmiweb001/AgendaslBluesheet.aspx?ItemID=3365&MeetingID=260 5/8/2010 Event NamelTitie: Event Date(s): City o~ Deltay Beach '°E€~`Y~;~c" Special Event Permit A~i.w-~,,;~c~ Application PLEASE TYPE UR PRINT -~ gg3 2QO'f ~~ Times: Event SponsozlPrnducer: Event ContactlCoordinator: 1 ~ ~ Name: Address:~_ 'telephone Number: 1/-mail Address: ,~t1.~~J?~St~ Cellar Nuznbez-: Event DescriptiozalPurpose: Bzief History of Event (~E Planned Activities (9utline of activitieslnumber of activities, i.e. entert `zzz~ient, ~ c IdrelI~~,,'s rides, games, othez• programs): , I1n,,.. n,.~ 1. ~ , ~. ~ , . 1~\t.- Number of Xndividuals Served Previous Year (if applicable): ,_,,~ ~ Pll~(~ Describe the targeted population and expected attendance: ~~JYY?~(.t~- ___ rage 1 of 5 Page 2 of 5 Describe how the program or Describe your MarketingfPromotions Program ( o~v will you marketlpromote, i.e. TV, radio, pastern, flyers, web sites, other): /a[~t„(~. ~ ~,~Q r ~. Sponsor Category (please check} City Non-ProfitlCharitable ^ Private r~ Co- ponsor -Nan-ProfitfPrivate ^ (If Non-~j•afit attach proof of SD1c(3), c(4), c{(~), C(1a), crr c(19) or (cl) E~ent Locatiol^(Descr~be area bo~~undar~es of e~entfiocation):. ~/f~ 1}~~ n°, .~f(,~G~-.-.,_, Site plan attached: yes no~-© (Site,plart required for• entire event site. Incllade locations of tents, stage, p~s, durnpsters, portable lighting, and barricade location if applicable.} Renkal of Dld School Square: yes no.~..~ (If yes, attach proof of approval} Private Property Use: yes no.~~ (If yes, attach letter giving authorization front property ativner) Event budget Reve~~ue & Expenses attached: yes na (Regr~ired for all events) Previous year l2avenaefExpense summary attached: yes no L (Required for all events) Do you have cash sponsols fox the event, yes no (Indicated on budget) Do you have inkind sponsors far the event: yes~,^ no (indicated o:a budget) C,1t]ocuments and Settingslf]eetwoodlDrsktoplTcmpLSpecial went I'ern~it Applicat9an pIA~AL FY09- l(l,doc Page 3 of 5 Serving or selling alcoholic beverages: yes \ no (If yes, copy of license artd alcohol liahilrty rrrsr4rance required two (2) weeks pr•ior• to event) Event certificate of insurance attached: yes ~ _• no (Required hvo (Z) yveeks prior to event framing the City as additional irrsrsr•ed, also regrrir•ed for' vendors) Playing of amplified music: yes._._„~. nn (Waiver required) Will there be ente~•tainxnent: yes~_ no (1£ yes, attached list of Performeas andfor D7's) If yes, sponsor agrees all entertairlrnenC will be family oriented and contain no obscenities: yes_~~ nn Requesting Police assistance: yes no (traffic controllsecurity} Will supplement with private security: yes x~o .~ (lf Yes, need pTart attrtclted) Requesting Emergency Medical assistance: yes~_ no Requesting ban~icade assistance: yes ~ nn (If no, how are you handling?) Requesting trash removallclean up assistance: yes ~ nn (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes ~ zoo Requesting stage use: yes_~ nn (If yes, check type) Lax•ge stage (l4' x 3G')~ Small stage (16' x 2l'} ^ Half small stage (8' x 21'} Requesting signage: yes ~ ,_• no Type: 4'x4'Event sig Parking Signs ~ Saz~ner hangin Indicate dates xequir•ed (Waiver rer~uired if more tlaarr one (1) ~veelc prior to event) Requesting City Portable Generator: yes..__ ~. nn (If yes, size & power} Food and beverage vendors: yes no If yes, alnproxlr~r-ate number ~ •~ I,U~LL~~ {Health Department approval required) yes no C:1Documents and ScttingslilcetwoodlC)esktopll`emplSpeeial went Peemit Application FIF~TAL FY09-l©.dac Page ~ of S Other vendors: 4 yes ~t no {Indicate type) Tents: yes ~ na If yes, How ritarty 7YVh-trt size nr srze regrsir•ecl ~(~x } ~_ (~f yes, tent perrrtits artd~r•e irtspectiorrs m.aY lie needed) Will the event include amusement rides: yes. ~ro~ (If yes, type artd location artd copy o, f liability insurance r'egtcire~l, also requires state license artd iraspectiorz.) Will the event be gated: (Sftow oft-site rnap) yes no~ Will there be a charge for the event: yes no ~( (If yes, indicate ticket prices} $ Will there be breworks or other pyrotechnics; yes no (If yes, contact Fife Marshal to obtain arttl carrtplete perrr~it applicat%ort) Will there be cooking with compressed gas: yes no~ (lf yes, contact Fire Marshal for irrspectians) Will you be providing port-a-lets far the event: yes /~ no (if yes, locate on-site naap. If rto, indicate Itoiv you'-will It-arrdle restroo»t needs) is reserved parlt:ing requested: yes_~ na {1f yes, indicate lvcatiorrs art~t propose for rrse) Event Permit Attachments: RevenuelExpense Budget RevenuefExpense Recap Last Years Event Site Play Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status ~_General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement C:1Ducuments and Se##ingslflee#4voodlDcsktoplTCmplSpecia! B~•en# Permit Appifcation FlNAL.FY09-IO.doc Page S of S Submittal Date Requirements: • Minor Event 4S days prior to event • Intermediate Event 9~ days prior to event • Major Event 12~ days prior to event • Neighborhood Block Party 3fl days prior to event x~ ~v t Co><at>E actorlCaordinator Date Please print• Please eztc]ase tk~e appxapriate non-refundable application fee payable to the City of Delray Beach, l0~ N.W. lst Avenue, Delray Beaeh, Florida 33444. Required with permit application. For• Staff Use Only Date Received Application fee received $ , .._ C:1I)acumcnts and Settingslf7eetx~nodlDes[cioplTemplSpccia! went Permit AppfieaGon FNAI_. PY09-I O.doc Delray Beach July 4th 2010 Celebrateon Schedule 8:40 am-12:00 noon Sand Sculpting Contest presented by the Delray Beach Rotary Sunrise. l pm winners will be announced. Ocean Boulevard and Atlantic Avenue on the Beach. Registration lnfartnatian, call 274-1380 ext 17. 10:00 am-10:00 pm The 20 x.40 ft. American Flag will be flown near the beach, weather permitting, flying high near the intersection of Ocean Boulevard and Atlantic Avenue, 4;00 pm Patriotic Bicycle and Scooter t'arade, presented by City ofDelray Beach to benefit the Delray Beach Yautlt Council. Atlantic Avenue at Veterans Park. Decorate your bikes and scooters and register for the Big Prizes, including a nezv bicycle, heltrtets, gift cards and much more! 4:45 pm Parade Patriotic Bike & Scooter Parade Route will be Veterans Park to AlA at the Ma~i'iott. Open to all ages. Far registration information, call 279-1380 ext 17 5:00 prn Beautiful Baby Bathing Suit Contest! Winners announced and prizes awarded at the entertaiuntent stage. 5:30-8:00 pm liREl1 CONCERT-Get set for Dancing in the Street! 4;00-9:00 pm Delicious Food and Beverages, prepared by local restaurants at Atlantic Avenue and AlA, 8:30 pm First Fireworks Salute...30 minutes to show tune. 8:45 pm A Red, White & 131ue $" Star Shell will let you know that show time is in Bfteen minutes. Make sure your radios are set to Sunny i 04.3 FM for the fireworks music simulcast. 8:50 pm Fireworks Celebration Introduction & Pledge of Allegiance to the giant Arrrerica~~ Flag ~vitlt Mayor Waadie McDuff"ie. 4:00 pm Tireworlcs Display Fis~wor3KS ~v ~irewvrks by Grucci MU5CG SL'iEC~IQr1S Dispfay lvame: Defray Beach Downtown Marketing Cooperative Dispfay Date; July 4, 2U'f0 Duration: 18:39 minutes Son~Titie Artist ©uratlon Birthday {119} Beatles 1:1 S "Happy Birthday America" Kids..- 0:04 God Bless the USA Lee Greenwood 1:22 Armed Services Medley St. Louis Orchestra 1:38 America's Song l;aitll Hill & Company 1:32 People Get Ready Rod Stewart 1:57 I Am American Patti LaBelle & the Temple University 2:02 Party In The USA Miley Cyrus 1:3~ AII~American Girl - Carrie Underwood 1:41 Your Smiling Face - James Taylor 1:17 Qniy in America Jay and the Americans 1:08 America the Beautiful Alicia Keys & Ray Charles 1:55 Finale Stars and Stripes Sousa (w vocals} 1:90 ,luiy 4th ~alebratian 2010 Contract Services :....:.:...:.~...:::.:_.:._...~.;.. ,.~:._.,~ ° :;:. ~fi,400.64 - - - ... - - - - ... .. Fireworks 36,006.80 - Dockage Fees 8,964,44 . - --~..-.:~, ..:.:.:.. -., - CrewJACCOnlodatlons 8 564,44 . . ",. - Entertainers 1 544.44 ©eslgn &Typesetking -Events - ~::~::...:-,:::;s.;:::";.,!;::.-..:°:.:i; ::.:~.::;:::=x 6Q0.46 EqulpmentRentall Lease ~?":.~.:,i.:~,,.°..°^::t`:'::: ~:r~;:r::.:~.'..;.~.':,:<;.'::>'20,fi00.44 -- :::..:..:..::::.:...°-. .. ........ - ~ ... ... Barge 24,644.64 .-:..... .. . - ., . Tent & Barge 644.04 5upplles Purchased -Events --" - - - - . - -- . -. ~.~`=;340.60 Travel, Meals & Mestings -Events .. :, , - ~: ~:~- ::: _, . . Totat]uiy Fourth Celebrations - ~` -~ ~ ~ ~ ~ ="~ ~ "~' 80,040,0 S onsors Invoiced Amount Date Rcv'd In•Klnd Donation INVOICED; Comcasf S ofli ht PSA`s & Banners FPf_ $ 2,500,00 Banners Hardrlves, Inc. $ 2,000.0[1 Banners Marriott $ 10,000.00 VIP ftece lion Faod & Bev I Banners Iviicilael Weiner & Assoc. $ 5 500.40 $1 K 511!10 Banners Bosfon's $ 850.00 Ltana Rosa $ 850.00 Sliders $ 850.00 Nevachannel 5 PSA's & Banners Sunn 104.5 P5A's & Banners Total Funds $ 2D,SSD,DD lN: Cif $ 38,000.00 Michael Weiner & Assoc. $ 1 400.00 Balance $ 69,56D,DD Nl~BI7B1~; Bank $ 5,000.00 So Fl Ford Dealers $ 10,000.00 Other $ 7,100.00 Total Bvent Revenue $ 81,S5D,D0 nelray Beath ChB~mber of Commerce ~ nowntown Marketing Coaperatlve Statement of Rauenues and Expenditures $65 -July Fourth Celebrations From 1/1/2009'1lirough i2J31/2Q09 Gitrrent Period RCtu81 Income Event Sponsor Rev 4601. 78,708.00 Total Income 78, 208.00 Expenses Contract Services 6110. 46,640.52 design & Typ2sstting -Events 6115 2,087.42 Equipment Rental / 1_ease 6125- 2Q545,23 Supplies Purchased -Events 6171 449.81 Travel, Meals & Meetings -Events b175 329.21 Total Expenses 70,052.19 Excess of Income over Expeditures 8.155,81 Date; 5/517i10tr3fM;35 Pig! 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T~ E Y17!~'C '~..~~. .. ~~ 1~~ \., :_ r~~r 4~`~». ~~ Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Mark McDonnell, AICP, Acting Director of Planning and Zoning THROUGH: City Manager DATE: May 27, 2010 SUBJECT: AGENDA ITEM S.D. -REGULAR COMMISSION MEETING OF JUNE I, 2{}I~ 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 May 24, 2010 through May 28, 2010. BACKGROUND This is the method of informing the City Commission of the land use actions taken by designated Boards which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • 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 Site Plan Review and Appearance Board Meetin og f May_26, 2010 A. Approved (6 to 0, Jerry Sanzone absent), a request for a color change for Checkers Drive-In Restaurant located at the southeast corner of West Atlantic Avenue and SW 5th Avenue (450 West Atlantic Avenue). B. Approved with conditions (6 to 0), a Class III site plan modification, landscape plan and architectural elevation plan for Palm Beach County Transfer Station, located on the east side of SW 4th Avenue, httpa/miweb001/AgendasBluesheet.aspx?ItemID=3371 &MeetinglD=260 5/28/2010 Page 2 of 2 south of Linton Boulevard {1901 SW 4th Avenue}. The proposed improvements involve the exterior demolition and renovation of the existing transfer station building, construction of a new scale house building, replacement of the recycling hill with a loading ramp and other site and landscape improvements. C. Approved with conditions (5 to 1, George Brewer dissenting), a Class IV site plan modification and landscape plan for Roseaire Retreat, located at the southwest intersection of Gallagher Road and NW 2nd Street. The development proposal includes the construction of a 27 bedroom dormitory building, the construction of a 3,600 sq. ft. building to provide dining room, kitchen and related areas, the construction of a two-story building addition to provide chapel, administrative, laundry and related areas, and other site improvements including additional parking, landscaping and a tennis court. The architectural elevation plan was tabled {6 to 0} and the Board requested that the applicant provide additional architectural details and that the individual window a/c units be removed and replaced with a central system. RECONIlVIENDATION By motion, receive and file this report. Attachment: Location Map http://miweb001/AgendasBluesheet.aspx?ItemID=3371 &MeetinglD-260 S/28/2010 ,,~,~`~ `~~~;, CITY C(~MMI~S~aN MEET~N~ -_~_~_ ~~ ~.,~,~ _~_~~~-~ ~V ~~--~ ~+,~ ~~ _ --~ PLANNING AND ZONING ~~"~_~,~' I~OCATIDN M,~P ~.~,> >~~ ~~~:.~~ a~P,~~nENz S~RAB ,~1. CHECKERS DR1VE-IN RES7~tJRAN7~ E. ~'ALh'? REACH COUI~fT~~ TRANSFCR STAT~OIV C. RDSEAIRE RETREAT D1GlTA[ BASE MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\DBMS\File-Gab\CC-DOC\6--1--1Q Page 1 of 1 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: May 19, 2010 SUBJECT: AGENDA 1TEM 8.E.1 -REGULAR COMMISSION MEETING OF JUNE 1 2010 CONTRACT AWARD/JOHNSON DAVIS,_INC. ITEM BEFORE COMMISSION Approve a contract award to Johnson-Davis, Inc. in the amount of $55,810.00 for the repair of a deteriorating aerial Force Main crossing the E-4 Canal at Lift Station 50. Lift Station 50 is located along Lowson Blvd., west of Congress Avenue. BACKGROUND While performing routine maintenance at the station, Utility Maintenance personnel periodically heard a hissing sound from the direction of the aerial force main. Investigation of the pipe revealed small pitted hales in the 14" force main pipe crossing the canal, indicating corrosion from within. Within hours of the discovery, City crews were able to install a temporary full circumference repair clamp aver the deteriorating section of pipe. However, further investigation indicated other areas along the pipe length exhibiting the same characteristics with a potential for failure. Staff solicited quotes for this rehabilitation work through a formal process, receiving five quotes as follows; Johnson-Davis, Inc. in the amount of $55,810, Chaz Equipment Co. Inc. at $69,510, TLC Diversified Inc. at $71,000, Murray Logan Construction at $$1,000, and Palm Beach Grading, Inc. in the amount of $88,000. Johnson-Davis, Inc. is the apparent low bidder. The scope of work includes mobilization, maintenance of traffic, installing an in-line valve upstream to perform by-pass pumping to the station, and complete replacement of approximately 100 if of pipe crossing over the E-4 Canal. Staff recommends award Johnson-Davis, Inc. for this project. Their performance history on current and previous City projects has been above satisfactory. FUNDING SOURCE Funding is available from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement Fund/ Sewer Mains in the total amount of $55,810, after a budget transfer. RECOMMENDATION Staff recommends award to Johnson-Davis, Inc. in the amount of $55,810 for the emergency repair of the aerial Force Main Crossing at Lift Station 50. http://miweb0011AgendasBluesheet.aspx?Itezx~ID=3338&MeetinglD=260 5/28/2010 0 a..i w J +i~ ,y N L U .~ a~ V L 0 0 .~ Q r 0 T N Z a ~.w H m ~ O ~ ~. Q p ~', p- ~ ~ O ~ {~ ~ ~ ~ ~ ~ Co ~ Of-. 6f} ti j~ m ' <` ~. Q. 7.LL L[l O O p O Q ~ U O O W d C S6 ~ _ EH p O ~ ~ ~ ~. ~ p ~ ~ ~ .•~ H} i~4 7 ~ ~ O t~ v U ~;~ w a o o 0 0 0 ci L- o 0 Opi R 4 v- ~. -~ o ~ h ~ 7 ,_ SO ~ 69 ~ ; U EJ--, ~= v a O Q O ~ p... L> '(~. ~ p O Q' v ~ 0. u J 3 ~ ~ N q ~ ~ CO g ti - - p FFt •~ C (~ h- _ ~~ U - ~: ~, o o o ~ U O o p ~ a ~ ds ~; op ~ ``~- J - ~ lCJ o , o; a o; F; ~; , ~ ~ ~ a F- ~ ~ ~ A ~ CO U ~ o 'C ~ a~ ~ P. ~ `~ ~ ~ ti N ~ ~ U p ~ ~ y U O .-~ ~ L cG ~ LLE ~ (~ p p b O ~' •~ ~' ~ v ~ '~ p f- U + N ~ 0 a O U ~ Cl ' b ro ~ ` ~ - ~ ,~ -G .~ a~i ~ ~ ~ ~ b ~ ~ ~ ~ •~' ~ C as v ~ N ~ :~ ~ O m U~ y y q~ .~ m y ~ ~ ~, o ,~ z d p ~- O ca ~7 .~ N O U C .~ CD O ~ LL ~ O 4 ~ p ~~ N aZ ~`a 0 0 N N Ul N c 0 W N d- I w :_ O C y O X D N D 1 v T h N z ~ r -"7 L O W S O N ' 0 ~ / V a O ~, BLVD. ~ ~ Q ~ o a U Q z Q U / ~E3 U L E VAR D ~ L.S.50 s. w , pH EMERGENCY ~' REPAIR Q W Z w (/') w `¢ MALAYAN DR. a r i ~ i ~~ ~ o a ~' a 0 PAPAYA ~ DRIVE ~I ~ ~ ~I _~ 11TH COURT ~ s.w. 12TH cT. z CITY of DELRAY BEACH AERIAL F.M. CROSSING bA'IE:05/24/20,0 ~ ENVIRONMENTAL SERVICES DEPARTMENT L•S. 50 LOCATION MAP FILENAME 494 8dU1H BYVM0k AYEMI~ D9_FlAY ~ACN. R.Gi1pA 38444 201 D-116 vi ~:; L Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Anthony W. Strianese, Chief of Police Sharon L'Flerrou, Administrative Officer THROUGH: David T. Harden, City Manager DATE: May 26, 2010 SUBJECT: AGENDA ITEM S.E.2 -REGULAR COMMISSION MEETING OF J[TNE 1, 2010 PURCHASE AWARD/DGG TASER ITEM BEFORE COMMISSION The Police Department requests approval to purchase 75 Taxers from DGG Taser (a sole-source provider for Taser International) in the amount of $52,833.65. These will be used to replace aging models. BACKGROUND The Department currently has 140 Taxers. Of those, 116 are older M-26 models which Taser International has stopped manufacturing and supporting. After researching the issue, the Training Unit (memo attached) has recommended replacement of the M-26 models. The Asst. Chief and Chief agree. In order to reduce this year's cost, the Department recommends purchasing only 75 of the new units at this time. Patrol and the Task force will be prioritized for the newer models. Additional purchases would be made the following year to retire all of the M-26 units and replace them with. the newer, more effective X-26. To defray the costs, the Training Unit negotiated abuy-back offer with DGG Taser. They will give a $150 discount for each of the older units traded in. However, this offer is only valid through June 30th. FUNDING SOURCE This item was not budgeted but is an appropriate use of Federal Forfeiture dollars. Funding is available in that account, # 115-2112-521-49.90. RECOMMENDATION The Police Department recommends approval. http:I/miweb001 /Agendas/Bluesheet.aspx?ItemID=3366&MeetingID=260 5/28/2010 Quote QTE0000002194 'D e : 5126120'10 Pa '` 1 1-866-626-8273 Bill To: Ship To: Delray Beach Police Department De{ray Beach Police Department Accounts Payable 300 W. Atlantic Ave. 100 N.W. First Ave. Delray Beach FL 33444 Delray Beach FL 33444 RtlrChaSe Order hio_ Customer it] Sa1bs ersbn 10 = 5ftl in Method Pa ment Terms R 5hf DatQ ' 1Vlastor: No. DEI..RAYBf~,AG0083D J1P~i HOLLAND L1('S GRUUND NET 30 C~I0,1'J000 22,980 uanLit __ -:Model Wuinher --T--.- ___ _ Descri tion __ - Unit Price __ Ext, Price 75 5 75 265'12 520R 307 X26 Black/S11ver grip plates Without a Holster XDPM Battery Trade in Discount reflects trading in 75 EN26 Tasers for $15D.00 each. Offer ends on June 30, 203 D. Safariiand Taser Holder rotating hood wlbelt skip RH "6520-64-131 STX TAC Safariiand Light/EDW Cartridge Holder *307-9-48PBL STXBW Bik Shipping quote reflects a 60°/a swings. $784.95 49.50 $16.50 $58,871.25 3,712.50 $1,237.5D t ai $63 821.25 Thank you for your Business! ~[' $0.00 $0.00 rei h $262.40 ra e Di unt $11 250.00 Total $52 833.65 DGG Taser, inc. www.dggtaser.com 8725 Yaungerman Ct #~ 203 .lacksonville Fl_ 32244 i~~LR,~~ ~i~4~H PQL[~~ ~~l~l~;~Tf=NT ~I~~RANI~U~II T~: Asst: ~h~~f ~s~ph ~lii3~n~~vi~ r~r. er~t J~ar~ ~rr~-B~r Tr~iriir~ acrd R~~~~~In ~~ti~rr. f~at~; ~~ 19~ 201 ~ ~aj~~t: tV€-~ TASE~. RP~,~~~~RiT ~F~f~JEC"t°I~N ~v r~~iew~d the ~tt~~hct rr~i~t~rartc[ frame [APO Ar~r~~s~it r~~~r~r~ the [~-~ Tsar Bpd its "'end cif t.,ite" prcaj~~t~®r~. ~tll cif the r~~b~rs ~~ the Tr~ir~inc~ ~e~ti~r~ ire ~~ ~gee~rr~errf that ~+~ ~h~~ld dp[ciy the Ts~r;~ dpmt ~d~. Thr~f~r ~r w®utc~ rued t~ purh~s X41 X~~~ Tas~rs< Thy tcat~l ~~st ~~uid e ,926,~'~ t~ the dep~~rr~~r~t, ~dd~ti~rial~y, this ~rn~~nt ~~~i'uds a ~ ~.t~0 rte per N!- Tsr try gin. This prime is ~~iy v~li urata! ~~13~f~~~ ~~ ~~ rt~d t€~ rnv ~t~i~f~9~' i~ vv~ ~rar~t t~s amain ~t this ri~~. If you have n~ c~~sti~r~s ~r ~~nc~rr~s, p(~~s ~~~1 ~r~a tc~ ~~tt rrt sc~ ~vs pan d>s~ss th~:m in ~ ti~'t1y ~n~~r. ~: I~PiJ ~rd~~v~it~ Vic. ~rasweii ~.~~~ ~~ ,~ ~" ~ g ~ ~ `° ;r ~' L ~. ~~~-~ .- -~ n ~ ` ~ €~° ~~ ~ fff ~: ~ ~~ __ µ `'t .~~~ ,~ ~ ~ ~~ ~. + d. tc~r ~~rn~dc~n~ ~r~i: I1r~sl', ~~c ~,rca~ac~~~zt, Tir~irz ~~fii~ ~~~~'I': ~-26 Tyr ~~nc~ ~~ ~i~~ 1~~1 ~~ ~~~~x~~n~ ~ra'~cta~~r ,~.~ per ~ d~~~~s~i~r~ z~ad ~~~t r~~~ti i~u~~~r ~~~~r~~s~~t~~ng ifi ~ ra~it tt~ cur afit~r~fii~r~ fihat '~s~r ~nfi~tiraz~al ~ tc~r~er ~~ppar~s ~~ za~f~t~fi~res fide ~-~ Tyr. '1'~ a~ey h~ 1 ~ I-2£i end 24 ~-~ (~~r rr~c~d~~~ iz~ v~r~~~r~ fi~fi~~~n~ l~~ ~~ifi~. I ~p~aag tlr Jt~l~~c~~ic ~ ~~a~~t~ a~ a~z~~y i~ ~~pIc~~x~n~. br~ning~ e invntc~zy t~ ~~~nt ~taf~~n I~v~~~ (~ 6~} p~~~~ 5 dtiaal. spa ~r~r.~~ ~~a~ r~~a~ac~zx~~~a~fdaa~~~ u~~: T~T~~, l ~, ~~rr~r~t~r~ T~s~r In~~rn~t~~~~l i~ ~`erir~~; a ~er~~r~~~ trace; ~rz vats ~f1~~.0~ ~~r x~nit ~fih~ -~~ p~a.~~a~~ ri~~. Tla~~ c~~~~~ i~ ~~~ void nfii~ C~~(}~C~1 ~. I have ~.~:ta~I~~ f~c~ c~~~t fax ~ ~~pcer~~x~t ~~~6 unit l~~l~i~r are ~a~ri~s '~'(l~.El e~. I ~-~~i.'~E I'I~~'~IT~.~D ~"~~ $TA~C~~ ~~?II~. ~3T~~ T~.EC~~~T. Curren#: 1 ~~ ad~~ic~r~l -2b at~d ~upple~ ~~~~`~~.7t~. ~.~e~cy pride d~pl~yrr~e~at I41 -~6 unity ~~g~2~.~~ ~f €~~t ruins and. ~ds~itir~nal in~c~rrr~atian, ~~~~ ~~~tacfi m~ at car p~re~~%r~c< ,5~ tuczte t~T~~c~C~~4~tQ T?afe ~16I2t]StE ~' _.,...,, '~ ~ ~I ~~tC Ttso ~~ip Tcr: ~8r~y ~~ P~ai6 I~~p~~'fert~r~t ~?~Er°ay ~a~ Pc~ii C~~p~riment t,l. Fit ~v. t~~f~~y ~~~ f=L ~~ t~~lry c €~ ~34~4 ~'~r~tt~tlyd~rl~o. 4",ttB~lYA~rIA__ Sal S 8.*-iR[11~ ahF t ~o€~ Pa nteiit7' Ft~ :~hE k)AE~ l4ll~~t6t`Flp. E~~a~sf 1Hatiel t~urtt~r' _ _ IAe~!;rE f's~n t3ni[ PriGw ~xt~ Pr3c~ 1 1 1 i X12 ~b2DEt ~gT ._..... 3C2~ ~3iackl~~v grip pD~t ~i~,t ~ i-te~t~ ~C~PM ~~it~ty T~d~ ~an# r~ d'ui9 9p~ ~9~~i 'i"r ~t ~S6{},UU. ~ ~ t~ni €~ ~~ ~°~ Hc~l~ter r h ~r1D~it slip ~H `~52t~8+~13t ~TX T~~ ~~f~rrl~r~d t.tgh€f~~ ~g~ H~lr3~r ~~dll~--~SPSI. ~T~[8Yc~ Stk $7Bd. ~.~t3 $1~.at1 S~~A,gS ~4~.'il"~ ~56.54~ S~i~tcat~l ~4.~5 ~ C7i~~r~ttnt ~C~L7 __ ~'i ~t '.! g ~~~ T~$~r~ inc. ~~d~~r ~7~5 Y~taertxt~r~ ~t ~Q3 .~ack~r~v~lE~ ~L ~ ~.. ,~~~~~c Lc~~ '4~~{JC1 ht. 5th fit. " Sca€ia1~, Rtf~t]Y1~3' 8~2a5 ` 1-+4~€7.99~xt3797 " ~~x 1-~1~47-99~ ~I7~7 `vrv~is+u.t~~'.~ts~r'~ Nlay 19, ~C~1~ Ta ~eiray F3each Pr~lic~ C3eartr~er~t, This letter is to ~anfir that ~e lacal ar regicanal distrib~utar" fir T~~ER Internatianal, inc. (`C`A~~ lnterr~ati~l~~l~, idantifec# belas~, is the sale aurae distril~c~tor of the faI(a~in pri~dt~ats ~ian~cts~red by T~;~I~R lnt~rriational: '~~~^~~9~r'g~nnx~~2{ys"ryQ~tl~~yc4fras~r';~*iary gaac~n~t{rgal~d~R~vinc$~9(~~$~~/~~$pgl+a9~dro~l~: r~y~~a~g1 ~, ~~+;~ry~, e~~~[~;17, ~~/~~ql ~'t}, ~~}~t~~~{F ~~]~~y~ ~~+pg{~~g, Vl1diS.~6 ~~V l I j dSlc-S I i~ LUJ 7`t, `ViJ~Ck~ Lw1L'~1 ~LF~L#ky ,CC7x3~~ GU L~y ~L7C~y ~L~~e31~~ ~~Li ECp L l~~ C~f.7L,~A ~V1f~`F, ~~a~~1, ~~Ct18, ~~"; ~r.~'1 w, ~63~~= ~6~4; 2321, 6~1. A®~T~iNGI~C~ T~l~ ~2~ ~~~~, Modals: g~(t end ~~fltl~. X3 ~'.' I~~~t ~adel~. 332~Q anc! 3321 ~ TA~IdF~ ~~I~T~ rardr, l~llod~ls: 27~ ~fuik vid~a end tdia} ~d 2~`~3'ft~Fl vld~a ~r~d NCB au~fia}. This accessary it~r~ can ~ davar~laadd by IJ~ T~~l~~ ~,~~[ (3t~vvr~iaad lCil< Fadi 2737. • TAR ~CF~~PT~ elteifcel i:~rajeatile, ~Icsd~ls: 5g#~2~ and Q~t3~, Thy l~l~l~ ~rajeatiles rn~y be fired tram ~ '~~~'"~ ~'~~ ir~w~ i~~hal ~hatlar~ ~LL~~. Thy ~C12 LLB ds nnanufaal:~ared end ~alci ~y ~lc~s~lrc~, TFt~i~ hc?c~av~T~ security syst~rr~, ladels; pt2, ~t31~i, ~(~q93, end ~t?E}9€3. The haclcvv seauri sysierrr runs afi# of a l~ock~v'e Pavuer iaga~ine (~f~M~ rrtadel nurr~ber 9flQQ7, • ~ar~tralicd l~igitai rawer ~llagazin~ (~#~l`'IT~'~ Fatter aclt, FViadels: 2~7t12 and 2`~~3. `C~l~~ cartrldg~: 1 ~_f_~E_ t cartridges, lVla~del 342t~(}; and tF~e 21 _t, ~-mat, and 35=faat rtridges, E~B~as~els 2t}g, 243x 4~2fl5, d~b2C~o the a~riridges are rewired f®r thy: ~2~ ~f3, 6 °~I and haak~vve to f€~nctir~n iri the ~ral~e d~playrrtellt made. ~ TAIr~ ~rrtar~t ~artridgesT: 1~~faat cartridges, lltladel 3111; ar~d tl~e ~a~fpa#, and 34ft3t~t cartridges, l~Ic~cleFs 331(3tt, 33101, 33'Ig2, 331t~3, 3°1~4e The cartridges area required far tl~e X; ~~ to fur~ctic~n in the prabe deplayrr>ent mt~de. Ali users of the aave electrc~rric cor~tral devices must trained by a currently certified °T~~FF~ Instructar. 7~ a~l~ AotF~art~~d pcsCFc~ t3FstriF~t~3` fir 7~EF~ t~rtd r~sucts a~neF acessc~ri ire FFari~a is. Ct~~ Ta~~r Fnc. ~~~~ Y~ur~rnrr~a *wcaurt€ ~t~ite 3g~ 3cksc~nvilFe, !~ ~ 6-~~-~~` f'F~ane 94~7~7~~iQ't Lc~cF F~h~t~e 9r34~~7`~~~f?2 F,~x Thr~ i na ether autt~arized repair faa'siity far T~~~ brand prad~acts gather than tine arse listed belaw: T~~~R Irzternetianaf, lnc. 17~Qt3 IVe II5`~' ~tret Sa€~ttsleq ~~2~~~~Ct3 1-8-~~~ 2737 Tti~ Free 1~F8~-~° ~~Qt~:Pharte 7"s~~~ BFI ;~1, is?~. ~~,~1~; csur i~~~~r 6~evs ~~ ~ :; ~, ~~ >?4 ! ~~ ~ ~~~-X9'9«t~~"1 ~`a~ F'Eea~~: rnt~ct u~ ~~ ~-8t}~-X78-~T7 v~ith ~y q~~ti. i~icerly, Jim ~Ea~~t~d 1~ce r~~~~, ~~ ~~~.~ ~'~~ fnt~r~#icrl, i~c: ~~;t~t~; lr~~=:icr~<3i. fr:c. ~;.34~ S.,€~e~;~~ 1 ~~(~;t ~?~3~; ;~~; i ='t. ~C,z'~~3 - ~~:~ Page 1 of 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: May 25, 2010 SUBJECT: AGENDA ITEM 9.A, -REGULAR COMMISSION MEETING OF JUNE 1, 2010 WAIVER REQUESTS/TEMPORARY PARKING LOTIPALM BEACH COUNTY TAX COLLECTOR ITEM BEFORE COMNIISSION The action requested of the City Commission is approval of a temporary parking lot and associated waivers for the renovated Palm Beach County Tax Collector/Department of Motor Vehicles office building at 4511511 South Congress Avenue. This office building is located within Palm Beach County's South County Complex, approximately 1/z mile from the southeast corner of West Atlantic Avenue and South Congress Avenue. BACKGROUND The Department of Motor Vehicles has offices throughout Palm Beach County. The only office in the south county area is located in the City of Delray Beach at 14570 South Military Trail. This facility is scheduled to be closed. In order to maintain an office in the south county area, the County is proposing to relocate the office into the Palm Beach County Tax Collector building at 4511511 South Congress Avenue. Although the existing 106 space parking lot exceeds the requirements for the size of the building, the addition of the DMV functions into the building. is expected to generate a much higher parking demand than normal governmental offices. Therefore, the County is proposing to construct a temporary parking lot to accommodate the additional demand. The subject property is part of a future transit-oriented redevelopment project that is awaiting funding. It is anticipated that construction of the project will begin within the next 5 years and the temporary parking lot area will be in the first phase of redevelopment. Therefore, the applicant has requested that the temporary parking lot be permitted for 5 years. Site Plan Analysis: The temporary parking lot is to be located on the east side of the properly behind the office building. It httpa/miweb001/CouncilAgenda/Bluesheet.aspx?1temID~3362&MeetingID=260 5/28/2010 Page 2 of 4 will accommodate an additional 107 parking spaces. The design requirements for temporary parking lots are provided in LDR Section 2.4.6{F)(3)(e}, "Temporary Parking Lots". Since the parking lot is not a valet lot, the size of the parking spaces, maneuvering areas and aisle widths are subject to the standards of Section 4.69(D)(4}. The proposed parking lot meets or exceeds the minimum requirements of this section, including the use of larger 10' x 20' parking spaces. The temporary parking lot must also meet the requirements of the Florida Accessibility Code for Building Construction. Eight handicapped parking spaces have been provided within the total 213 spaces (106 permanent & 107 temporary), meeting this requirement. Landscaping is not required within the interior of temporary parking lots. Instead, the parking lot perimeter must be buffered with a minimum 3 feet wide landscape strip, screened with a minimum 2 feet high hedge or 4 feet high opaque fence. To meet this requirement, a 4 feet wide landscape strip with a 24" high green buttonwood hedge has been provided around the perimeter of the parking lot. The plans call for mitigation fox the removal of two {2) existing trees, one Gumbo Limbo w120" caliper and one Live Oak wl 11" caliper. We would prefer to have these trees relocated elsewhere on the properly. Otherwise replacement trees will be required based on the total # of caliper inches. Replacements are 1" for 1", based on caliper. An in lieu fee ($100/caliper inch) can be contributed to our Tree Trust Fund or replacements trees can be donated to the City to be installed on City property. A signed letter on company letterhead, indicating the desired option is required. This has been included as a condition of approval. The parking lot is praposed to be used during normal daytime business hours. Although on-site lighting is not required under these circumstances, it has been provided far the parking lot. 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 signif cantly 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. There are three waiver requests to LDR Section 2.4.6{F}(3}(e}, "Temporary Parking Lots", associated with this project, (1) to permit a temporary parking lot to be constructed outside the boundaries where such use is currently allowed; (2) to extend the time frame of the permit to allow for a maximum of S years; and (3) to allow the use of asphalt for the surface of the parking lot. The subject property is located within the MROC (Mixed Residential Office and Commercial) zoning district, which was established in 2006. The temporary parking lot regulations were adapted in 1998, prior to establishment of this zoning district. The intent of the original ordinance was to encourage additional parking within the redeveloping downtown area. It was anticipated that temporary parking lots could provide a short~term solution to the need for additional parking in the downtown area. Since the parking lots would be removed when the property was redeveloped, the development standards were modified to lower the construction cost. The MROC district was established to promote redevelopment of the Congress Avenue corridor. The http:/Imiweb0011CouncilAgenda/Bluesheet.aspx?ItemID=3362&MeetingID=260 5/28/2010 Page 3 of 4 use of temporary parking lots to meet higher than normal parking demands within this area, where redevelopment is imminent, is appropriate. As stated earlier, additional parking is needed at this location to accommodate the proposed DMV functions. It would not be feasible for Palm Beach County to construct a permanent parking lot at this location and then remove it within S years. Pursuant to LDR Section 2.4.6{F}(3){e)S., Permits for temporary parking lots shall be issued for aone- year period. Permits may be renewed annually to a maximum of three (3} years upon review and positive recommendation by the Parking Management Advisory Board. A waiver to this section has been requested to extend the time frame of the permit to a maximum of S years. The location of the DMV facility within the City of Delray Beach is an obvious benefit to city and other south county residents. Since this is a governmental project, it is recommended that the S-year tune frame be approved initially with the project, negating the need for yearly renewals. Since the subject property is not located within the area subject to the purview of the Parking Management Advisory Board, na review by that Board is required. It is proposed that the pavement surface for the temporary parking lot be asphalt, which is not one of the surfaces allowed pursuant to LDR Section 2.4.6(F)(3)(e)8. This section of the code was meant to reduce the overall cast of temporary parking lots. The regulations establish the minimum acceptable surfaces for temporary parking lots. It was not the intent of the regulations to prohibit a superior surface material. Since the proposed parking Iot will be used for up to S years, a surface requiring less maintenance is appropriate. The establishment of a temporary parking lot for a five year period at this location is appropriate given the planned future redevelopment of the property The parking lot's location in the rear of the property, adjacent to the CSX Railroadll-95 corridor, will not adversely affect the neighboring area and will not significantly diminish the provision of public facilities. The parking lot exceeds the requirements for lighting and the specifications for pavement surface and will not create an unsafe situation. Finally, approval of the waivers will not result in the grant of special privilege, in that the same waivers would be granted under similar circumstances on other property for another applicant or owner. Based on the above, positive findings can be made with respect to LDR Section 2.4.7(B){S), Waiver Findings. RECOMMENDATION Approve a Temporary Parking Lot for the renovated Palm Beach County Tax Collector /Department of Motor Vehicles Offices at 4S1/S11 South Congress Avenue, subject to the following condition: 1. Provide a signed letter on company letterhead, indicating the desired option for mitigation of two (2) trees, one Gumbo Limbo w120" caliper and one Live Oak w/ 11"caliper. Waivers: 1. Approve a Waiver to LDR Section 2.4.6(F)(3}(e)1., to allow a temporary parking lot at the renovated Palm Beach County Tax CollectorlDepartment of Motor Vehicles Offices at 4S 11511 South Congress Avenue, based on positive f ndings with respect to LDR Section 2.4.7(B){5). 2. Approve a Waiver to LDR Section 2.4.6(F)(3)(e)S., to extend the time frame of the temporary parking lot permit to a maximum of S years, based on positive findings with respect to LDR Section 2.4.7(B)(S). 3. Approve a Waiver to LDR Section 2.4.6(F}(3}(e}$., to allow the use of asphalt for the temporary http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3362&MeetinglD=260 SI2812010 Page 4` of 4 parking lot pavement surface, based on positive findings with respect to LDR Section 2.4.7(B)(5). htlp://miweb001/CouncilAgenda/Bluesl~eet.aspx?ItemID=3362&MeetingID=260 5/28/2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH THE TEMPORARY PARKING LOT AND ASSOCIATED WAIVERS PALM BEACH COUNTY TAX COLLECTORIDMV RENOVATION 1. This waiver request came before the City Commission on June 1, 2Q10. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Palm Beach County Tax Collector/DMV Renovation. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection l: I. WAIVER T4 ALLOW A TEMPORARY PARKING LOT: LDR Section 2.4.6(F}(3)(e)1., states: 1: A temporary parking lot may' be permitted within the following areas: ~ the portion of the Central Business District (CBD) and Community Facilities (CF) District which is bounded by Swinton Avenue on the west, the Intracoastal Waterway on the east, N.E. 2"~ Street on the north, and S.E. 2"d Street on the south; * the portion of the CBD and CBD-RC District which is bounded by N.E. 2"d Avenue on the west, the FEC Railway on the east, N.E. 2"~ Street on the sauth, and N.E. 4~" Street on the north; ~ the portion of the CBD located east of the Intracoastal Waterway; ~ the non-residential zoning districts bounded by Swinton Avenue on the east, I-95 on the west, N.W. 15t Street on the north, and S.W. 15t Street on the south. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: 1 (a) Shall not adversely affect the neighboring area; {b) Shall not signifiicantly diminish the provision of public fiacilities; (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 fior another applicant or owner. Does the waiver to Section 2.4.6(F)(3)(e)1. to allow a temporary parking lot at 4511511 South Congress Avenue meet alt the requirements of 2.4.7(B)(5)? Yes No 11. WAIVER TO ALLOW EXTENSION OF TIME FOR TEMPORARY PARKING LOT PERMIT: LDR Section 2.4.6(F)(3}{e)5. requires permi#s for temporary parking lots to be issued for one-year periods, with renewals annually up to a maximum of 3 years. 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. Does the- waiver to Section 2.4.6(F}(3){e)5, to allow an extension in the time frame of the temporary parking lot permit up to a maximum of 5 years meet all the requirements of 2.4.7(6)(5?? Yes No III. WAIVER TO ALLOW USE OF ASPHALT FOR THE TEMPORARY PARKING LOT PAVEMENT SURFACE: Per LDR Section 2.4.6(F){3}(e)8., a temporary parking lot shall be constructed to the following specifications: The parking lot surface shall be brought to grade with adust-free surface of one of the following materials over soil which has been compacted to 95% maximum density per AASHTO T-180: 2 * four inches of crushed limeroclr or shellrock coated with a prime coat per FDOT "Standard Specifica#ions for Road and Bridge Construction", latest edition; ~ four inches of pearoclc, gravel or river rock; or ~ six inches of mulch. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver to Section 2.4.G(F}(3}{e}S. to allow the use of asphalt for the temporary parking lot pavement surface meet all the requirements of 2.4.7(6}{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 denies the waiver requests to LDR Sections 2.4,6(F)(3)(e)1., 5. and 8. 3 E. Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of June, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 4 v~ E~ P~ ~G A T Lp,N DR. ANQRES WAY ao N C' E WW (~ ~ 7 a LG1 % N i; N Z Q j~ +~- U ~ ui f N W K C7 2 0 S.W. 3RD CT. S.W. 4TH ST. i ~ ~ Q Q P h E ~ a 0 ~J K ~ # ~ ~ Vi V) Vl W ~ c K U `~ ~ S.W. 8TH $ . W ~: O ~i U - STRONG w; ~~ a' ~ ~ ~ ~ ~ CENTER U z G_. S.W. 7TH ST. W LEI` ~ ~' Q Z ~ ~ ~ w a a a p N J Q ~ ~+ U ~ a /~f~j ~',- ~ SUBJECT PROPERTY TEMPORARY PARKING LOT '~ ' =, ~ ~ 0 PBC SOUTH COUNTY TAX COLLECTORI `'~ PLANNING AND ZONING DEPARTMENT 12-43-as-1s-00-o00-1020 DMV RENOVATION 32-43-46-14-00-000-1100 --^- OlGITAL Q45E~ MAP SYSTEM -- MAP REF: 5:\Planning &Zoning\OBMS\File-Cob\Z-LM 10x1--15DD\LM1183_Temporary Parking Lot DMV at Sounty County Complex D _ yaa ~_A ~ ~ ~ K c>s Y 9 i n e* V _ g ed ~ `J` ~ R ~ ~ ~ r u~~~~~s ~ 4 ~ ~~ ~ $~ ~~ a~~ ~~~ ~ as ~~ ~a ~ @ S z a ~'~ ~ E U~ 3 ~ -! I r ! .! 3~ d ! •I !! j Q ! t Li -! ~ !-~ ! ~ ~~ ~.~ ~/" f 1- ~! ~ i I Z ! - ~ s ! r ! s i ! _ _ _ -_ r r .. ..~ ---,-- a E. f~ o O °d ' _,.: .~.z-z la-a-z-.-a-.-: .i .s-e. R-~~;a-s f'•a -e •!-e !~ i d `~ z ~. - ..! .~ ! -a -a -! .s .! .s -! •4 •7 -s -C ~-~ '/ -4 -/ ~ _y .~ •R -k .e •! .! -R 'k e~~ s .~ .~ !+A -s } k _ ! 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A u~iR~~a ~ ~6 ~ ~ Y ;y ~i e ~ u ~ ~ R$~~ ~ y~~~S _ ~ ~ ~8~ ~~ ~ ~~ ~ ~~~ ~~~~ ~~ d a ~ a a A d ~~v_ ~ " i ~ g ~ ~ r V: r ~. ,~ rf,+.~~ < { r r _ "` __ l _ ~~ - - Y3H/ApiH3A3d At1Ff -- ~,_ s ;e s 1 ~ z ~ fir` Cpl ° K -~ i S~_ f ~ 3~E y~ ~ 1 I ' w YY ~a i '. ~ ~ 1 ~ n -*_ 3f w ly.... a -~ 5 A x ~ r p~~, F s ~~ O - k - n .~ '~ Y _ ~- ~~ ~~ Q g~ ~ a ~. S ~~~ d ~X ¢~ ~~ ~ ~~ 4~ ~~ ~~ ~ e gg ~C ~ OY h ~ c ~~~~ ~ 4. ~ ~ ~ ~ i b ~ ' m ~ 9j 71 f ~ ' Mw F'A ~ `• ~ ~~ ~~ A ~ a 1 ~ ~ ~~ ~ bS . 3 x-F ~ kg8 Ji ~ c Si w~ ~' a[ X S=E ± S D ~_~ u l ~ ~~ 3k '~ k~i, tt O • ~~ ~1~~~~j~~$Si ; Q2S'i~y ~t 6 2 ~~ - E ~ :a O ~ ~ Rb~ ~~~I~~ ~6 d 6 9 S9 & `3e i [ Ap ~ ~~ ~ s~ 8 F ^ ~~ ~ { 9g r ee e ~G~~RA ~~~~E G ~ R6 g ~ € ~ g ! S 9 5 R;~ C i A m ~ xx ~g Y i~ E L! G ~xy`$ y~6 ~a E~ 7 ~ €~j~j ~"G ~~iil7a~a k }~S Ae ;; a ~ ~v ~ ~ E s ~~ ~9gia~~ € Essas ~:'E~ $~3 ~~ ~ O ~ ~ .. ~ u r 1 ~.~~ ~~,~~~=s- -~-s'~ :~~ ~.~ tit. N-~-i*~~ *~-~-~ ~ ~-~ ;~~ .~ - ® ® ~ y` e .~ K +~ .~ .~ " .~ '~ '~ a ~ N 'n'~ ~ "'~ ."die vs ~ '~ ': ~ "~' w ~ "~ `~ ~k ~ _ ,N m N_ V 4 I Q Q ~N 4_J~I ~ ~~u.lT~~ _~ s a ~ ~ r Y Y g ES b N A & k k A k 3 ~ ~ ~ 'Y ~S $ i s g L L 5 ~ 4 0 ~ a ~ g o ~ 0 3 z I a a~p p6E A r k d Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 24, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JUNE I, 2010 CONDITIONAL USE RE UEST/DELRAY SCRAP RECYCLING ITEM BEFORE COMMISSION Consideration of a conditional use request pursuant to LDR Section 2.4:5(E), to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling within the Industrial {I) zoning district located east of I-95 at the intersection of Tangelo Terrace and Poinsettia Drive. BACKGROUND The subject property consists of 3.80 acres and contains two (2) existing warehouse buildings {to#alling 66,950 square feet) which were constructed in 19$0 as a part of the Linton Center industrial complex. The subject bays (11 & 12) are located in the northeast corner of the westernmost warehouse building. Both industrial buildings have numerous bays which are currently occupied by various tenants and uses, however, the subject bays axe currently unoccupied. The applicant has indicated that the scrap metal recycling facility will receive copper, brass, aluminimum and stainless steel from small to medium size contractors and the general public. It will take the materials after they are purchased, segregate them within the enclosed building area into different scrap categories where they are packaged and prepared for delivery to other dealers and consumers. One full-tixne employee bales aluminum into packages weighing between 600 lbs to 1200 lbs depending on the density of the material. Open top drums are also used for other metal packaging. The materials are stored indoors for up to two (2} weeks. When an adequate load is accumulated (approximately twice a month) a truck is dispatched and these materials are loaded onto it. The loading time is approximately one to two hours and is loaded by one {1) part-time employee. Efforts are made for these pick-ups to occur at either lam or 5pm so as not to interefere with daily operations. All operations will take place inside the existing warehouse bays. The business will have one (1} full-time employee and two (2} part time employees. However, only one (1) part-time employee will be working on any given day. The anticipated apexation hours will be 5:00 a.m. to 5:00 p.m. Monday through Friday,- 5:00 a.m. to 2:00 pm on Saturday and the business will be closed on Sundays. The dual bay interior includes an existing small office area, existing bathroom facilities and a scale which will be http://miweb001/AgendasBluesheet.aspx?Item1D=3358&MeetinglD-260 5/28/2010 Page 2 of 2 installed near the bay entrances. The remaining floor area will be utilized for indoor storage of nrzatexials. No exterior alterations of the building are being proposed. Pursuant to LDR Section 4.4.20 (D}(16}, the Industrial {I} zoning district allows scrap metal recycling as a conditional use when all operations and storage are in a completely enclosed building, which generates no emissions, and which does not create a noise disturbance in violation of Chapter 99 of the City Codes. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request for Delray Scrap Recycling on May 17, 2010, and recommended approval to the City Commission by a 6-0 vote, subject to the condition that no storage of metal products or material of any kind is permitted outside the building and that all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize the parking spaces immediately adjacent to the bays and along the north side of the building, until space is available inside the building to unload. RECOMMENDATION Move approval of the request for a conditional use to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Land Development Regulations, Section 2.4.5{E), Section 4.4.20(D)(16} and Chapter 3. subject to the following condition: 1. That no storage of metal products or material of any kind is permitted outside the building and that all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize the parking spaces immediately adjacent to the bays and along the north side of the building, until space is available inside the building to unload. http:l/miweb001/Agendas/Bluesheet.aspx?Item1D-3358&MeetinglD-260 5/28/2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR THE ESTABLISHMENT OF A SCRAP METAL RECYCLING AND STORAGE FACILITY KNOWN AS DELRAY SCRAP RECYCLING AT 122a POINSETTIA DRIVE 1. This conditional use request has come before the City Commission on June 1, 2010. 2. The Applicant and Gity staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the establishment of a scrap metal recycling and storage facility known as Delray Scrap Recycling at 1220 Poinsettia Drive. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. 1. COMPREHENSIVE PLAN a. Comprehensive Plan -Future Land Use and Map: Is the future use and intensity of the development consistent with the future land use map and comprehensive plan and is it appropriate in terms of soil, topographic, and other applicable physical considerations, complementary to adjacent land uses, and fulfills remaining land use needs? Yes No b. Concurrency: Concurrency as defiined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the Concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and SC hO0I5? Yes No IL LDR REQUIREMENTS: Pursuant to LDR Section 4.4.20{D)('16}, scrap metal recycling, when all operations and storage are in completely enclosed building, which generates no emissions, and which does not create a noise disturbance in violation of Chapter 99 of the City Codes require conditional use approval. A. LDR Section 2.4.5(E] Required Findings: (Conditional Use}: Pursuant to Section 2.4.5(E}{5}, in addition to provisions of Chapter 3, the conditional use will not: i. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; ii. Nor that it will hinder development or redevelopment of nearby properties. Will Section 2.4.5(E}{5) be met subject to the attached condition? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not {invited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request subject to condition of approval attached hereto. The City Commission hereby adopts this Order this 1st day of ,tune 2010, by a vote of in favor and opposed. Nelson S. McDufFie, Mayor ATTEST: Chevelle Nubin City Clerk 2 CONDITIONS OF APPROVAL FOR THE ESTABLISHMENT OF A SCRAP RECYCLING AND STORAGE FACILITY KNOWN AS DELRAY SCRAP RECYCLING AT 1220 POINSETTIA DRIVE That no storage or metal products or material of any kind is permitted outside the building and That all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize parking spaces immediately adjacent to the bays and along the north side of the building, until space is avai{able inside the building to unload. 3 ~ ~ v: ~ ~ ik ~_~. ~ OTN STREET t :i ~ .~ ~' ~ d z .~ ,~7 ~~ 1 i =i ~ ROYAL AL1Ji E)R. ~ ~~ i S ~~ i ~ ~'01~J5ETTlA DRIVE t 1 ~ E ~ ! GEORGIA S7RE£T ~ i i ~ ~ i ~ a w ~ ~ ~~ F 'f ~4 q '-; t _ ~ • ~ i `~ ~ O f ~ {~ ~ l~ILFRED STREET i } r' F' ~ t ~ 3 ~ -, f ,~ ~ ~ ~~ i i ~~,` LINTON BOULEVAR© -- O1G1TAt BASE lfAP SICSTFH -- MAP REF: S:\Plunning de Zoning\UB3~15\Flla-Gab\2-Lh! 1001-1500\k.M1753a_.Delmy Scrap ltacycling .~ ~ __ ~ _C~L.E~A~~CF~AP?F~E~1~~N~ - ~~ ~~l~lEf~~i€V~~.--~._0~t ING 'ti- ~~ ~3~ 17 ~ ___. _ __._ _..__ ..._ _- A~Ll ri4 - - 3-~I.C'l ..Z. ~' ~ ~~~~ ~ ~xz. ~~ ~a3~. P~3~ ~' I H ~~~I`'~ S 31~I ~ ~ ~~~ ~ ~a~a _ _ ~ ~ ~ ~ ~, ~ ~ Yaiavr~ :aavaa'.~rti7au aniaUruLasratodtun ' ~. ~'~ es-' ~~ a3 ~ ~ (!Z ' ~ ~ ~'t'. ~' i .y ..i i t Z .r!r. i-1 . .... 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Y_ .,~~: ~~ ~c~_~' ~... ~, ~:: ., '. ~, ~, T -• a - .::~~ .a; .. t, ~ ~ 75~ - V y~i, - r .. .' ~~~ r -Y _ d5 '£r~ki.~ ~ ~~ ~ . ~+.~ - v ~• f ~ .^r¢~~. w;i; s ~ki.itE:: g,` ~i sC!= Sx is ~i } s~ ~"~+ s~!'~'ec:' -<F ('~..~;-tY ~ w 7;it. `~~rJ `t x ° ~,~ -->~ -- - tom. - ~, - ---,;, ° ~ -c - ~.: ~~-~.~. ~~e `~ `~ ~:~ ~ s" `iii` r! e ~~~ 'Y x4 f ~ ~ ~~ :' c ~.. ~P`e ~~ ». ;~ , s. ~4~ -~- :~~ ~.. ~" :ri!L"-%iHrsP'r r~+x~?.~ ~i t. ': 1r n' ;':+ttrv~: ~" . ~~ ~~ PLANNING /AND ZONING B~]ARD CITY 4F DELRAY BEACH ---STAFF REPQRT--- MEETING DATE: May ~~~ ~~~~ ITEM: Conditional Use request` to establisFi a scrap recycling facility known as Delray Scrap Recycling. The property is located at east of I-95 at the intersectian of ~~ Poinsettia Drive and Tangelo Terrace. :., °,~ ~I ~~~ GENERAL DATA: Agent/Applicant--------------• Michael Weiner & Associates Owner.......:........-••--------•- JS & S Trust Location ........::..::....:...::.. 1220 Poinsettia Drive (Bays 11 & 12) ' Properly Size ...:.............: 3.80 acres Future Land Use Map..... lND (lndustria[) g--------------- Current zonin l Industrial ( ) Ad}scent Zoning....North: 1 (Intlustriai) East: 1 (Industrial).. South: I (Industrial) 1Nest: NIA (I-95) Existing Land Use:...:..... Vacant-Bays, Proposed Land Use..____.. Delray Scrap Recycling Water Service..,-------------- Existing On-site Sewer 5ervice ................ Existing On-site The action before the Board is malting a recommendation to the City Commission vn a requesfi for a Conditional Use, to establish a scrap metal recycling facility know as pelray Scrap Recycling pursuant to Lt7R Section 4.4.20 (D)(16). The property is located east of 1-95 at the intersection of Tangelo Terrace and Poinsettia Drive. The subject property consists of 3.80 acres and contains two (2) existing warehouse buildings (totalling 06,950 square feet) which were constructed in 1980 as a part of the Linton Center industrial complex. The subject bays (11 & 12) are located in the northeast corner of the westernmost warehouse building. Both industrial buildings have numerous bays which are currently occupied by various tenants and uses, however, the subject bays are currently unoccupied. The subject property was annexed to the City of Delray Beach on July 24, 1984 as a part of the Seneca Group annexation. At that time, the property was addressed as 1240 Tangelo Terrace. The scrap metal recycle use, with all operations and storage in a completely enclosed building, is allowed as a conditional use and the request is crow before the Board far consideration. The applicant has indicated that the scrap metal recycling facility will receive copper, brass, aluminimum and stainless steel Pram small to medium size contractors and the general public. It wiN take the materials after they are purchased, segregate them within the enclosed building area into different scrap categories where they are packaged and prepared for deliuery to other' dealers and consumers. One full-time employee bales aluminum into packages weighing between 600 Ibs to 1200 Ibs depending vn the density of the material. Open tap drums are also used for other metal packaging. The materials are stored indoors. for up to two (2) weeks. When an adequate load is accumulated (approximately twice a month) a truck is dispatched and these materials are loaded onto it. The loading time is approximately one to two hours and is loaded by one (1) part-tune employee. Efforts are made for these pick-ups to occur a# either lam or 5pm so as not to interefere with daily operations, All operations will take place inside the existing warehouse bays. The business will haue one (1) full-time employee and two (2) part time employees. However, only one (1) part-#ime employee will be working on any given day. The anticipated operation hours will be 8;00 a.m. to 5.00 p.m. Monday through Friday, 8:00 a,m. to 2:00 pm an Saturday and the business will be closed an Sundays. The dual bay interior includes an existing small~offir.~e area, existing bathroom facilities and a scale which will be installed near the bay entrances. The remaining floor area will be utilized for indoor storage of materials. No exterior alterations of the building are being proposed. Planning and Zoning Board Staff Report: Meeting of 05117f1g Conditional iJse Request for Delray Scrap Recycling at 422(} Poinsettia Drive .: Page 2 REi~UIRED FINDINGS: (Cf~apter 3]: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, ar minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas, FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has an IND (industrial} Future Land Use Map (FLtJM} designation and is zoned Industrial (I}. The Industrial (1} zoning designation is consistent with the industrial (IND) Land Use Map Designation. The proposal is to operate a scrap metal recycling and storage facility. Pursuant to the LDR Section 4.~.2t}(D}(16}, within the lndustriai zoning district, scrap metal recycling is allowed as a conditional use when all operations and storage are in a completely enclosed building, generates no emissions, and does not create a noise disturbance in violation of Chapter 99 of the City Codes. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is for the establishment of a scrap metal recycling and storage facility within a previously approved warehouse development. As described in .appendix A, a positive finding of concurrency can be made as if relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CQNSISTENCY: Compliance with performance standards set forth in Chapter 3 and required #indings in Section 2.4.5(E) {S) for the Conditional Use request shad be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Obiect'rve A-1: Property shall he developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is to be utilized as a scrap metal recycling and storage facility. The building was originally intended as a warehouse use and parking was provided for the overall site at a reduced rate of one (1 } space per 1,OD0 sq. ft. As this proposed use may require stacking of vehicles waiting to be unloaded. The applicant has proposed additional stacking along the north Planning and zoning Board Staff Report: Meeting of ©5!17110 Canditionak Use Request for Delray Scrap Recycling at 1220 Poinsettia Drive Page 3 side of the building equivalent to four (4) parallel parking spaces. With- these modifications, staff's primary concern aver functional operations will be adequately addressed. COMPLIANCE WITH THE LAND DE1rr=LOPMENT REGULATIONS: Items identified in the Land Development Reputations shall specifically be addressed by the body taking final action an the site and development applicationfrequest. LDR Section 4.3.4{K) Development Standards Matrix: The development proposal does not alker the exterior or change the physical location of the building. Thus, there are no negative impacts as it relates to meeting the required standards far the Industrial (I) zoning district related to lot size, setbacks, open space and building height. Therefore, the proposal will comply with LDR Section ~4.3.4(K} and Section 4.4.20 as it pertakns to the Industrial zone district. LDR Cho ter 4.6 Su tementa District Re ulatians. Parking: As mentioned, parking far the overall site was determined with the approval of the Linton Center industrial complex. 1=our (~4} spaces are designated for the subject bay. Customers waiting to unload must park and wait. Overflow vehicles will be directed to utilize the proposed four (4} spaces parallel to the north side of the building fnr queuing. Pursuant to LDR Section 4.8.9(C}(5}(a}, general industrial uses shall provide parking at the rata of 3 spaces per 1,000 sq. ft. of gross floor area devoted to such uses. In addition, 1 space shall be provided far each 1,000 sq. ft. of gross floor area devoted to storage and warehouse use. The proposed 2,892 square feet Delray Scrap Recycling requires 3 parking spaces while four spaces are being provided which exceeds the LDR requirement [for the office use 333.8011,000 x 3 = 1.00; and for the storage use 2,358.4011,000 x 1 - 2.35; 1.00 + 2.35 = 3.35 spaces]. Therefore, no issues are anfiicipatsd with respect to parking. It is also noted that na storage of metal or material of any kind shall be permitted in the parking lot or outside of the building and staff recommends that this be attached as a condition of approval. SECTION 2.4.5{E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E} (5} (Findings), in addition to provisions of Chapter 3, the City " Commission must make findings that establishing the conditions! use will not; A. Have a significan#[y detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will binder development or redevelopment of nearby properties. The following zoning designations and uses about the subject property: Zanin 17esignafiQn: use: North: industrial (I} VvarehauselStara elOffice South: industrial I WarehouselStora e/Office ~asf.~ industrial I V+larehouselStara e/Office West: NIA I-95 Ri ht-Of-IIUa Planning and Zoning Board Staff Report: Meeting of 05/17/10 Conditional Use Request foe Delray Scrap Recycling at 1220 Poinsettia drive Page 4 The proposed scrap metal recycling facility will be compatible with the adjacent warehouse, storage and office facilities within the immediate vicinity. Therefore, provided that no outside storage is permitted, a positive finding can be made that the proposed conditional use will not have a detrimental effect on the stability of the neighborhood nor that it will hinder development ar redevelopment of nearby properties. The development proposal is nat located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Au#hority}. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (P.R.Q.L7.) Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or suppork, if any, will be presented at the Planning and Zoning Board meeting. The development proposal includes the request for a conditional use to establish a scrap recycling and storage facility, pursuant to LDR Section 4.4.20 (Q)(16) at 1220 Poinsettia Drive. The site is located east ofi I-95 at the intersection of Poinsettia Drive and Tangelo Terrace. The property is zoned Industrial (I) and has an industrial (1ND) Future Land Use Map Designation. The scrap meta[ recycling and storage facility will occupy two (2) existing bays (11 & 12) totaling 2,592 sq. ft. within an existing warehouse building. Additional vehicle stacking parallel to the north side of the building is proposed to accommodate overflow traffic during busy times. Scrap metal materials will be stared for up to two (2) weeks until a truck is dispatched to pick up and transport off-site. A Hoar plan has been provided which indicates the loading and unloading area, proposed weigh station, storage space, office area and existing restroom facilities_ No exterior alterations are proposed. Qperation hours will be Mon.-Fri. Sam-5pm, Sat. Sarre-2pm and closed on Sunday. There will be a total of one (1) full time employee and two (2} part-time employees. Positive findings can be made wish respect to Section 2.4.5(10(5) that it will not have a significantly detrimental effect upon the stability ofi the neighborhood not will it hinder development or redevelopment of nearby properties, provided that as a condition of approval no outside storage is allowed and all business operations must be conducted interior tb the warehouse bays. A_ Continue with direction_ B. Move a recommendation of approval of the request far a conditional use to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling, 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 Planning and Zoning Board Staff Report: Meeting of x511711{3 Conditional Use Request for Delray Scrap Recycling at 1220 Poinsettia Drive Page 5 criteria set forth in Sections 2.4-5(E) (5), and Chapter 3 of the Land Development Regulations. C. Move a recommendation of denial of the request for a conditions! use tv establish a scrap metal recycling and storage facility known as pelray Scrap Recyciling, by adapting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E){5), and Chapter 3 of the Land Development Regulations. Move a recommendation of approval of the request for a Conditional Use to establish a scrap metal recycling and storage facility known as Delray Scrap Recycling, by adopting the findings of fact and law captained 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 2.4.5{E) {5), and Chapter 3 of the Land Development Regulations, subject to the following condition. 1. That no storage of metal products or material of any kind is permitted outside the building and that all loading or unloading of scrap metal shall take place inside the building and all vehicles awaiting unloading are to utilize the parking spaces immediately adjacent to the bays and along the north side of the building, until space is available inside the building to unload. Affachrnenfs: Lvcafion Map, Site Pfan, Floor Plan and boundary Survey Staff Reporf Prepared 8y: Candi N. Jefferson, Senior Planner Planning and Zoning Bvard Staff Report: Meeting of 0117110 Conditional Use Request fior Delray Scrap Recycling at 120 Poinsettia Drive Page E Pursuant to 1~DR Section 3.1.9(6), Concurrency, as defined pursuan# to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor de~relopment application will not exceed the abilify of the City to fund and provide, or to require the provision af, nestled capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: Water and sewer services are on-site and accommodate the existing bathroom facilities interior to the bay. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can he made with respect to this level of service standards. Traffic: The trips generated by the proposed scrap metal recycling and storage facility will be less than 200 ADT, and thus, will not have a significant impact in the adjacent road network. Parks and Recreation Facilities: Park and Recreation requirements do not apply for non-residential uses. Solid Waste• Trash generated each year by the proposed 2,692 sq. ft. scrap metal recycling facility is equivalent to 9.42 tons of solid waste per year [2,692 sq.ft. x 7.0 lbs. = 18,844 Ibsf2,fl©fl = 9.42 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2021, thus a positive finding with respect to this level of service standard can be made. Schools: School cancurrency findings do not apply far non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard_ prainage: Drainage is accommodated on-site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. Page 1 of 3 MEMORANDUM TO: Mayor and City Commissioners FROM: SCOTT PAPE, AICP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: May 19, 2010 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMI,SSION_MEETING OF JUNE 1, Z{110 WAIVER REQUESTS/CANNERY ROW ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of three waivers from the following Land Development Regulations associated with the Class V site plan for the Cannery Row project: 1. LDR Section 4.6.18{B)(14)(iii)(1)(b), which requires that exterior walls or vertical surfaces not exceed 85% of the length of the arcade, porch, loggia, or balcony {i.e. All balconies need to be greater than 15% of exterior wall width}. 2. LDR Section 4.6.18(B}(14}(v){2), which requires that a maximum of 4 primary wall colors shall be used for each building. 3. LDR Section 4.6.1$(B}{14)(v)(3}, which requires that miscellaneous free standing, wall ar ground mounted appurtenances such as electrical and gas meters, dumpsterlrecycling, trash compactors, gas tanks, air conditioning and communication equipment be enclosed or screened and integrated into the buildings axchitectural treatment. The appurtenances shall also be prohibited within the front yards. BACKGROiTND The property consists of Block 73 Town of Delray Beach subdivision and contains 4.47 acres. The property contained the former Publix shopping center and U.S. Postal Service building, which were demolished. At its meeting of December 13, 2006, the Site Plan Review and Appearance Board approved a Class V site plan for the subject property. The City Commission approved these waivers associated with the development proposal at its meeting of January 2, 2007. The development consists of 82 townhouses, a tbxee-story structure to be utilized as a community facility, a 1,490 square foot neighborhood park, and recreational facilities. Following approval of the development, construction of the project commenced with the first row of townhouses (7 dwelling httpa/miweb001/AgendaslBluesheet.aspx?ItemID=3342&MeetingID=260 5/28/2010 Page 2 of 3 units} located along NE 1St Avenue. However, following completion of this first townhouse block, further construction ceased due to the economic downturn. The site plan approval expired on December 13, 2008 as the required 25 percent of the cost of all improvements to vest the project had not been completed. The applicant submitted a new Class V site plan application for the development (75 dwelling units remaining) and was approved by the SPRAB at its meeting of April 28, 2010. The SPRAB considered these three waivexs associated with the development proposal and recommended approval of each to the City Commission. Pursuant to LDR Section 2.4.7(B)(S), 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. Arcades, Porches, Trellises, Loggras and Balconies: Pursuant to LDR Section 4.6.18(B){14)(iii}(1)(b), exterior walls or vertical surfaces shall not exceed SS% of the length of the arcade, parch, loggia, or balcony (i.e. All balconies need to be greater than 15% of exterior wall width). The wall surfaces of those townhouses that have the small balconies above the front doors are less than 1 S% of the exterior wall width and require relief. The applicant has submitted the following narrative in support of the waiver: "In the areas of the exterior elevations in which it appears the walls exceed SS% of the balconies and/or porches these are actually false balcoraettes which cannot be accessed by residents. " Waiver Analysis• While the architectural features are a false "balconette," they are intended to give the impression of a functioning balcony. The purpose of the percentage requirement is to provide a "proportionality" between the wall area and the balconies. It is noted that this proportionality is achieved with the architectural design of these townhouses. In each of these facades, double and single windows have been provided to maintain a rhythm to the architecture. Accordingly, positive findings can be made with respect to LDR Section 2.4.7{B)(S), Waiver Findings. Building Colors: Fursuant to LDR Section 4.6.18(B)(14)(v)(2), amaximum of 4 pri~naxy wall colors shall be used fox each building. The development proposal includes a color scheme that includes 9 different primary wall colors. The applicant has submitted the following narrative in support of the waiver: "We have complied with the Pineapple Grove design guidelines which require multiple colors throughout a development of this size. " Waiver Analysis: http:I/miweb001 /AgendaslBluesheet.aspx?ltemiD=3342&Meeting1D-260 S/2$/2010 Page 3 of 3 The Pineapple Grove Main Street Design Committee reviewed the architectural renderings of the building with original submittal and recommended approval. The purpose of the limitation of the colors is to control the garish appearance of buildings. However, in this situation the Design Committee supported the color scheme of the building. Accordingly, positive f ndings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Miscellaneous Free Standing or Wall Mounted Appurtenances: Pursuant to LDR Section 4.6.18(B)(14)(v)(3}, miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactars, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the buildings architectural treatment. The appurtenances shall also be prohibited within the front yards. The applicant has submitted the fallowing narrative in supporf of the waiver: "Air conditioning units have been located on passible. The balance of the air conditionin entrances and will be screened by appropria downtown urban developments. " the roofs and/or on the sides of the buildings wherever g units have been located off to the side of the main to landscaping. This is not an uncommon condition in Waiver Analysrs: With the original approval of the site plan for this project, the SPRAB and City Commission made positive findings and approved the location of the air conditioning units between the building and the public street. The air conditioning units will have a minimal impact on the streetscape given the landscape screening. Further, the location of air conditioning units between townhouses and the public street is not an uncommon practice for similar development in residentially zoned districts. Accordingly, positive findings can be made again with respect to LDR Section 2.4.7(B){5}, Waiver Findings. RECOMMENDATION By separate motion: 1. Approve the waiver to LDR Section 4.6.18(B)(14)(iii)(1)(b), which requires that exterior walls or vertical surfaces not exceed 85% of the length of the arcade, porch, loggia, ar balcony based on positive findings with LDR Section 2.4.7{B)(5). 2. Approve the waiver to LDR Section 4.6.18(B)(14)(v}(3), which requires that miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the buildings architectural treatment based on positive finduags with LDR Section 2.4.7(B)(5). 3. Approve the waiver to LDR Section 4.6.18(B)(14)(v)(2), which requires that a maximum of 4 primary wall colors shall be used for each building based on positive findings with LDR Section 2.4.7 ~)(5)• http://miweb0011AgendaslBluesheet.aspx?ItemID=3342&MeetingID=260 5/28/2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS ASSOCIATED WITH THE CLASS V SITE PLAN APPLICATION FOR CANNERY ROW LOCATED AT THE SW CORNER OF PINEAPPLE GROVE WAY AND NE 4T" STREET 1. This waiver request came before the City Commission on .fune 1, 201 D. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Cannery Row. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER TO REQUIREMENT THAT EXTERIOR WALLS NOT EXCEED $5% OF THE LENGTH OF THE ARCADE, PORCH, LOGGIA, OR BALCONY ON BUILDINGS WITHIN THE DOWNTOWN AREA: LDR Section 4.6.18(B)(14)(iii)(1)(b), requires that exterior walls or vertical surfaces shall not exceed $5% of the length of the arcade, parch, Foggia, or balcony. 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. Does the waiver to Section 4.6.18{B)(14}(iii}{1)(b) to allow small balconies that are Tess than 15% ofi the exterior wall width meet all the requirements of 2.4.7(6){5)? Yes N o 1 II. WAIVER TO ALLOW AIR CONDITIONING UNITS TO BE SCREENED BY LANDSCAPING: Per LDR Section 4.6.18(B)(14)(v)(3), miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpster/recycling, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed or screened and integrated into the building's architectural treatment. The appurtenances shall also be prohibited within the front yards. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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 ar owner. Does the waiver to Section 4.6.18{6](14){v}(3) to allow screening of air conditioning units by landscaping meet al! the requirements of 2.4.7(6)(5)? Yes N o Ill. WAIVER TO AMOUNT OF PRIMARY COLORS ALLOWED ON EACH BUILDING: Per LDR Section 4.6.18(B)(14)(v)(2), amaximum of 4 primary wall colors an each building is required. Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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. Does the waiver to Section 4.6.18(6)(14){v}{2) to allow 9 primary wall colors on each building meet all the requirements of 2.4.7(6)(5)? Yes No 2 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 denies the waiver requests to LDR Sections 4.6.18{8)(14}{iii)(1){b), 4.6.18(8)(14){v){3) and 4.fi.18(B}(14)(v}(2}. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1 st day of June, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. 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Applicant: Cary Glickstein Project Name: Cannery Row Class V Site Plan Project Location: The property is located at the southwest corner of Pineapple Grove Way (NE 2"d Avenue) and NE 4~" Street. The action before the Board is approval of a Class V site plan request' for Cannery Row pursuant to iw.DR Section 2.4.5(F). The request involves the following elements: ^ Site Plan; ^ Architectural Elevations ^ Landscape Plan; and - Waivers. The property consists of Block 73 Town of Delray Beach subdivision and contains 4.47 acres. The property contained the former Publix shopping center and U.S. Postal Service building, which have subsequently been demolished. At its meeting of December 13, 2006, the Site Plan Review and Appearance Board approved a Glass V site plan for the subject properly. The development consists of 82 townhouses, athree-story structure to 13e utilized as a community facility, a 1,490 square foot neighborhood park, and recreational facilities. Following approval of the development, construction of the project commenced with the first row of townhouses (7 dwelling units) located along NE 1~ Avenue. However, following completion of this first townhouse block, further construction ceased due to the economic downturn. The site plan approval expired on December 13, 2008 since construction that represents 25 percent of the cost of all improvements associated with the development had not occurred. Thus, the applicant has submitted a new Class V site plan application for the development (75 dwelling units remaining), which is now before the Board for consideration. ' The development proposal incorporates the following: ^ Construction of 82 townhouses (75 remaining to. be constructed) and one three-story structure that will be utilized as a community facility. for the City of Delray Beach; ^ The development proposal now adds a two-story 1,757 square foot clubhouselmultipurpose building. The recreational amenities include the construction of a pool, spa, playground, and covered barbecue area; ^ Cons#ruction of a 1,490 square foot neighborhood park; ^ Construction of 42 on-street parallel parking spaces; and ^ Installation of associated landscaping. SPRAB Staff: Report Class V Site Plan, Landscape flan, and Architectural Elevations for Cannery Row Page 2 The develapmenf proposal included waivers to the fallowing sections of the Land Development Regulations: 1. LDR Section 4.6.18(8)(14)(in)(1)(b), which requires that exterior walls or vertical surfaces not exceed 85°f° of the length of the arcade, porch, loggia, or balcony. 2. LDR Section 4.6.18(B)(14)(v)(2), which requires that a maximum of 4 primary wall colors shall be used for each building. 3. LDR Section 4.6.18(B)(14)(v}(3}, which requires that miscellaneous free standing, wall or ground mounted appurtenances such as electrical and gas meters, dumpsterlrecyeling, trash compactors, gas tanks, air conditioning and communication equipment be enclosed or screened and integrated into the buildings architectural treatment. The appurtenances shat! also be prohibited within the front yards. The analysis of the current Class V application contained in this report is based primarily on the changes that have occurred both wi#h the development proposal (i.e. clubhouselmultipurpase building) and code changes that have occurred since the original approval (i.e. illumination requirements). COMPLIANCE 11VITH THE LAND DEVELOPMENT REGULATIONS: Items idea#ified in the Land Development Regulations shall specifically Be addressed by the body tatting final action on the site and development applica#ionlrequest. As noted in the Background section of this report, the analysis of compliance with the band Development Regulations are limited to the changes to the site plan from the original approval or changes td the Land Development Regulations since the original approval that now affect the site plan. Lighting: A photometric plan has been submitted for the vehicular- areas within .the development. Pursuant to Land Development Regulation (L©R) Section 4.5.8(A)(3), the maximum illumination with a multiple family parking Iot is 4.l3 foot candles and the minimum illumination is 0.3 foot candles. The photometric plan demonstrates compliance with this regulation since the proposed maximum Illumination level is ~i.0 foot candles and the- minimum illumination is ©.4 _ foot candles. However, per LDR Section ~.(3.8(A}(3), lighting is now required for the accent pathways and the building entrances. The maximum illumination level for the accent pathways is 5.0 fast candles and the minimum illumination level is 0.5 foot candles. The maximum illumination for the building entrances is 10.q foot candles and the minimum illumination is 1.0 foot candles. The proposed photometric plan does not include the illumination levels for the interior pathways or building entrances. Thus, a condition of approval is attached that the photometric plan be revised to demonstrate compliance with the illumination requirements for the interior accent pathways and the building entrances. Other Items: With respect to concurrency issues, an updated finding of concurrency from the School District needs to be provided anti is attached as a condition of approval. It is Hated that the 82 multiple family dwelling units will have a negligible impact an levels-of~service with respect to the School Qistrict. SPRAB Staff Report Class V Site Plan, E_andscape Plan, and Architectural Elevations far Cannery Raw Page 3 Technical Items: While fihe revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to building permit submittal unless otherwise Hated: 1. That a minimum inside #um radius of 25 feet be provided in fire lanes for fire apparatus. 2. That the fire hydrant locations are approved by the Fire Department prior to issuance of further building permits for the project. 3. That posting of symbols ort the buildings using light-frame truss type be provided in accordance with direction toy the Fire Department. 4. That the roadways be designed to sustain the weight of all apparatus that may access the development in accordance with direction of the Fire Department. 5. That the layout of each floor of the community facility be provided in accordance with direction of the Fire Department. 6. That the water supply of fire sprinklers be provided in accordance with direction by the Fire Department. 7. That the building permit indicate whether the townhouses are fee simple. it is noted that the Community Improvement Department has administratively allowed the changes to the landscape species for the building that has been constructed. The applicant has agreed to submit a Class I1 site plan modification for these and any other changes when construction of further dwelling units resumes. The 5enivr Landscape Planner has reviewed the landscape plans for the development and finds that they comply with LDR Section 4.5.16. Pursuant to t_DR Section 4.6.18(B), the following criteria shall be considered, by the Site Plan Review and Appearance Board, in the review of plans for building permits. If the fallowing criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with-good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. - b) The proposed structure, or project, is in its exterior design and appearance of quality such _-- as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The clubhouse is an eclectic Romanesque interpretation that includes columns on the east and west sides with large windows and muntins. The building will Have a standing seam metal roof. The north and south sides will have entablatures that include dentils and trellis. The primary wall color is light tan. The trim and headers will be painted white. The applicant has indicated that the architectural interpretation is derived from the use of columns an some of the townhouses. The architecture of the building is tasteful and includes a goad balance and rhythm. If the SPRAB finds that there is sufficient conformity with the overall architectural interpretation of the development, a positive finding can be made that the development complies with LDR Section 4.5.180). ~- SPRAS Staff Report - Glass V Site Plan, Landscape Plan, and ArchitecturaE Elevations for Cannery Row Page 4 Pursuant to LDR Section 2.4.7(6}{5), prior to granting a waiver, the approving body shad make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; {b) Shall not significantly diminish fibs 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. Arcades, Porches, Trellises, Loggias and Balconies. Pursuant fo LDR Section 4.6.'18(6}(14}(iii)(1)(b}, exterior walls or vertical surfaces shall not exceed 85°f° of the length of the arcade, porch, loggia, or balcony. The wail surfaces of the townhouses with the smaller balconies above the front doors exceed 85% cif the width of the balconies. The applicant has submitted the following narrative in Support of the waiver: $ln the areas of the exterior elevations in which it appears the walls exceed 85% of the balconies and/ar porches these are actually false baiconettes which cane©t be accessed by re5id~'r1tS." lAl_a__iver Analysis: While the architectural filatures- are- a faire "balcorrette," they are intended to give the impression of a functioning balcony. The purpose of the percentage requirement is to provide a "proportionality" between the wall aroma and the balconies. It is noted that this proportionality is achieved with the architectural design of these townhouses. In each of these facades, double and single windows have been provided to maintain a rhythm to the architecture. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(6)(5), Waiver Findings. Building Colors: Pursuant to LDR Section 4.6.18(6){14)(v)(2), a maximum of 4 primary wail colors shall be used for each building. The development proposal includes a color scheme that includes 9 different primary wall colors. The applicant has submitted the following narrative in support of the waiver. "We have complied with the Pineapple Grove design guidelines which require multiple colors throughout a development of this size." . Waiver Analysis: The Pineapple -Grove Main Street Design Committee reviewed the architectural renderings of the building with original submittal and recommended approval. The purpose of the limitation of the colors is to control the garish appearance of buildings. However, in this situation the Design Committee supported the color scheme of the building. Accordingly, positive findings can be made with respect to LDR Section 2.4.7{B}(5}, Waiver Findings. SPRAB StafF Report Glass V Site Plan, Landscape Plan, and Architectural E~.levations for Cannery Row Page 5 Miscellaneous Free Standing ar Wall Mounted Appurtenances: Pursuant to LDR Section 4.fi.18(B}(14)(v)(3), miscellaneous free standing, wall or ground mounted appurtenances such as a{ectrical and gas rrieters, dumpsterirecyciing, trash compactors, gas tanks, air conditioning and communication equipment shall be enclosed ar screened and integrated into the buildings architecture! treatment. The appurtenances shall also be prohibited within the front yards. The applicant has submitted the fallowing narrative in support of the waiver: "Air conditioning units have been -acated an the roofs and/or art the sides of the buildings wherever passible. The balance of the air conditioning units have been located off to the side of the main ertfrances and will be screened by appropriate landscaping. This is not an uncamman condition in downtavfrn urban developments." Waiver. Artal~sis. With the original approval of the site plan for this project, the SPRAB and City Commission made positive findings and approved the location of the air conditioning units between the building and the public street. The air conditioning units v~riil have a minimal impact on the streetscape given the landscape screening. Further, the location of air conditioning units between townhouses and the public street is not an uncommon practice for similar development in residenfiially zoned districts. Accordingly, positive findings can be made again with respect to LDR Section 2.4.7(]3){5), Waiver Findings. A. Postpone with direction. B. Move approval of the request for waivers, Class V site plan, landscape plan, and architectural elevations for Cannery Row, 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), 2.4.7{B)(5}, and Chapter 3 of the Land Development Regulations, subject to the attached conditions of approval. C. Move denial of the request far waivers, Glass V site plan, landscape plan, and architectural elevations for Cannery Raw, by adapting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B}{5), and Chapter 3 of the Land Development Regulations. - --- By Separate Motions; Waivers• 1. Recommend approval of a waiver to LDR Section 4.5.18{B)(14)(iii)(1}(b), which requires that exterior walls or vertical surfaces not exceed 85°10 of the length of the arcade, parch, loggia, or balcony based on positive findings with LDR Section 2.4.7{B)(5). SPRAB Staff Report Class V Site Plan, Landscape Plan, and Architectural i=levations far Cannery Row Page 6 . 2. Recommend approval of a waiver to LDR Section 4.6.18(B)(14}(v}(3), which requires that miscellaneous free standing, wall ar ground mounted appurtenances such as electrical and gas meters, dumpsterlrecycling, trash compactors, .gas tanks, air conditioning and communication equipmen# shall be enclosed or screened and integrated into the buildings architectural treatment based on posi#ive findings with LDR Section 2.4.7(B)(5}. 3. Recommend approval of a waiver to LDR Section 4.6.18(6}(14}(v}(2), which requires that a maximum of 4 primary wall colors shall be used for each building based on positive findings with I.,DR Section 2.4.7(8)(5). Site Plan: Approve the request for a Class V site plan for Cannery Row, by adopting the findings of fact and law contained in the staff report, and fiinding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set Earth 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 three copies of the revised plans. 2. That the photometric plan be revised to demonstrate compliance with the illumination requirements for the interior accent pathways and the building entrances. 3. That a finding of concurrency be submitted from the School District. Landscape Plan: Approve the landscape plan for Cannery Row based on positive findings with respect to Section 4.6.16 of the Land Development Regulations. Elevations: Approve the proposed elevations for Cannery Row based on positive findings with respect to LDR Section 4.6.18(E}. Attachments: - ~ 5ite Plan, Landscape Plan, and Building Eleva#ions ^ SPRAB Staff Report Dated December 13, 20©6 S1~'E PLAN ~.EVIEIIV~AND AP~PEAR.~4~I~:~E BC)ARD CCTV OF DELRAY BEACH ---STAFF REP_QRT--- MEETING QATE: December 93, 2(#OC AGENDA ITEM: v.A. ITEM; -Cannery Row -- Class V Site Pian, Landscape Plan= and Architectural Elevation Approvals Associated with the Construction of 82 Tnwnhnuses, a 2,763 Square Foot Community. Facility, and Pub{ic Open Spaco. GENERAL DATA: ~ - - - '_ . Owner ........................ Cannery Rove; L~LG Agent ........:.......:...:...... ,. Kup &_ EiiopoutQS ,Qrcl~.itects .,.. - , .- Locatioii ..:..:.........:........ Southwesf corner at NE 2"d Avenue (Pineappfe,Grove Way}-and Nip 4'~' street. Rropetty Size........ ...: x{:47 Aires. - ~~ _ . .... :..._ . Future Land Use:Map.._:: .Eomriietcia{°Cd~e=; ~~:.~ ; .' ~ ~ .-- - . -• - . . Current Zoning,.w.;.:......... ~~.BQ {Centrat;g~isiriess. Di~ti-ict} ~ :.,~. . Adjacent Zoning..Ni~rLhR - RC~_(Resident{al;.~?~ice~ . ., • ._ . - _ ~ Eastr CB,[3 (Central. B~sir~ess.District} _ . South: CBD.: (Centrdi ,Bu$iness -Qisti~rt} . - :West: _ OSSHA~' (Old School Sgiiare~. ~ - . Histai~ic Arfs Dis'tiict~. ~. - Existing Land Use......,..- Vacant ~ - . Proposed Land llse...... .Constructinn• of 82 townhouses, a 2,76° - - .square °#aot community -foci{ity '.and= pulaiic open space. Water Service ............... Existing on site. Sewer Service ............... Existing on site. ~ ~ - V,A. .,. . ' h = =.... -' .... -~ 1: w ' Tl~e action before the Board is approval of a Glass V site plan request for Cannery Row pursuant to. LDR Section 2.4,5(F}..The request~involve5 _the following, elements: E't Site Plan; _ l7 Architectural Elevations;~and ~= ~ - ~ ~ ~ - O Landscape Plan, The ~ property is located a# the southwest corner of !'ineapple Grave Way {NE~. 2"~ Avenue) and NE 4~' Street. ~ '~ ~ - -~~ - . The.-pri~perty,,consists ~f Block~?.'3. Tow_ n'of Delray Beach subdivision ~and~gomains 4.47' acres. Tlie property contained the former ~Publix shopping center and U.S.- Po~tal.~ . Service building, which have subsequently been demolished. .:•~~'Tl~~e actior-rQw 1.~fore tfi~e`~B~~r~i-is°-a~prov~l~.o~~tt~~~s~e~p~~~:~ ~ ~-.. ;.~ . :. ~ ~. .. .. . _ - - _. ~ ~ The development proposal incorporates the fallowing: , ' ~ ~ .~ -. - - Cormtruction of-82 townhouses ar~d one three-story structure that-~ivill `b~ ~u~iri~erl~ as~: a ~cammuriity facility for the"Ci#y of.Delray Beach; ~ ~- ~ - - - - -. .. E ~ Y~~ - Construction of a pool, -spa, playgrou.ncl~ :and covered. barbecue ard~;:..~ - - - -... - - - Construction Qf a 1,490 square~.foot, neighborhood park; ~ ~ ~ .. i - -. Construction of.42 vn=street parallel.pa_rizii~g spaces-qnd - ~ _ ~ - J~ ~- - ~ ~ ~- Installation of associated landscaping. ~ : ~.~ ' ~. . ' ~. The development .proposal includes waivers to the'~~follawing sections of the Land • Development Regulatiaris: - 1.- LDR Section 4.6.1'80}(14}(iii}(9)(b}; -`which requires` that exterior v~-afls ~'or vertical € ~ surfaces not exceed $6% of the length of the arcade, parch, loggia, or balmy. _ 2. LDR Sec#ian 4.~.18(Bj(14)(v)(2), whicF~ requires that a maximum of 4 primary wall colors shall be used far each building. 3. LDR Section 4.6.18(B)(14)(v)(3}, .which requires. that miscellaneo_ us free standing, wall or ground mounted appurtenances--such as -electrical and gas meters, - dumpsterlrecycling, trash Compactors, gas tanks, air conditioning and communication equipment be enclosed or sCreened~ and integrated into the buildings r ' SPRAB Staff Report - : - Cfass VSite i'fan, Building Elevations, and Landscaping for Cannery Row Page 2 ' items identified In the Land Development Regulations shalt specifically be addresses! . by- the body .taking foal action on the .site and development applicaticitilrequest. ~ - Building Setbacks:. ~ ~ ~ ~ ~ ~ ~ .. - The f©11c~wing table indicates that tha proposal. _.complies with LDR Section 4.4.`13:{F){~}[T'abte 4:4~"13L2J as it pertairis'to the Central Business District •(CBD) zo~ie district. ~ -:, ... - -- _ . .. . ~ .- _ - .. ~Pursuar~t to LDR Section 4.4,'13{Fj{3j[Note . #12), the setbacks ~ associated ~ with townhouses are the same _fior;the overall buildirtg_ as. those required fior-"Finished -Grade to 25." ~ - - . ~_ Building-,Height: ~ .. .. Pursuant to 'LDR Section 4.3.4{Kj, the rnaximurri heigttf ofi~structures in the CBD zoning district is. 48 feet. The proposed-development complies. with this requirement since the maximum height.of tFte.praposed townhouses. i5 ~8 feet. 4-.. .` ~ `SPRAB Stair Report Class V Site Piano Building elevations, and Landscaping €or Cannery Raw Page ~ - Density: Pursuant #o LDR Section 4.4.'J3~B}(4), mul#iple famify dwelling units, excluding duplexes, up to a maximum density of 3© units per acre.are allowed as a principal use, Densities greater than 30 dwelling units per acre are allowed in the Central. Business District~subject to conditional use approval. ,The proposed townhouse project is allowed as a principal use since the density is '18.34 dwelling units per acre. Parking Requirements. - Pursuan# to: LDR Section 4.4.13{G)('I)(e), .the parking required. for the. townhouses is 168.90, parking spaces. Pursuant. to LDR Section 4,6.9(C}(3)(a); the ~ required parking for the community. facility .is.-11.79 .parking spaces. ~ The tatal~.required parking far the proposed- development.is 1.$1 ..parking .spaces :The proposed developrt~er~t 'complies with the .parking ~ requirerrier~ts since a total of ~20..parking spaces are .provided -('! 6A~ in. 2-car garages. 'I4 on-site spaces,..antl4~ vn-street paraf[el:parking spaces,). . 1Vlinimum Residers#ial t=loar Are~i: ~ ~ ~ - The ~ following table ~indicafes that the proposal , complies with ~ LDR .Section 4.3.4(K}(Minimum residential floor areaj: - 900 s ;-ft. - .2,002,s ..; ft. _ - ~ . - .: #,~50 s ::-ft.> ~,EtQ8ssq.;ft_. - .p _ - Lighting: , ~ . - .. ~ . - ~ ~ . , - ~ ~- . . . ,. .. .f - .Pursuant #o LDR Section 4.6.8{B){3}(c}, the minimum illumirsatiors for .the proposed -development is 0.4 foot candles and the- maximum is 4.0 foot-candles.. The proposed photometric plan does not comply with these illumination standards since. the minimum il[umination.,~provided is 0.1 ~oot~ candles..--A condition.~of. approval as. attached .that . phofQtnetric playa be revised to.provide.~a miraimt~m illumination of 0.4 foot candles. Other Issues: ~ ~ ~ - ~ ~ ~ ~ - T©wnho.use,Pai~king:. ~ . ~ - ~ ~ _ . .. .~ - The proposed townhouses have up to a 10 foot ~d~eep paved "apron" be#ween -#ha_ garage door and the drive aisle. Such areas have a history of people tempora_ rily ~parking~: behind the garage and subsequently block#ng the drive aisle.. Ftarthar, this . situation'is exacerbated by a tack of storage room within the units, which causes people to pant #heir vehicles outside the garages when they become full of personal items such as bicycles. Therefore,. based on good design- principles, a candi#ion of approval is attached that the units be redesigned~to~provide substantial storage opportunities within -the garages. . = Gammuriity FacititylOpers Space, ~ - rr - -.. ... _ . _ _, - ' SPRAi3 Staff Report Class V Site Plan, Building Elevations, ar~d Landscaping for Cannery Row Page 4 . Multi-family dwelling units may be located in structures that are carinprised of residential ~~ units only or in~ mixed-use- buildings that contain a combination of residential and non- residential ~` uses. However, where residential- uses are located ~in structures having _ frontage on N.E. 2~,d Avenue (afkla Pineapple Grove Way}, there must be nonresidentiai~ uses fronting-the Avenue on`the'~reurici floor. In lieu of providing non-residential uses fronting the west side of N.E. 2"~ Avenue between N.E. 3rd Street and N.E. 4f" Street thereinafter referred to as` the exception area}, the developer may elect to provide a building and pro~erty fronting on. N.E. 2"d Avenue at the ~intersecfion of N:E. '3rd Street and N.E. 2 Avenue whichshall be conveyed -to the City far Commupity Facility purposes and dedicate an~ area for Open Space in the norffieast'carner at the intersectibt~ of N:E. 2°d-Avi~nue'arid ~N.E.~4~' Street. Thc-'purpose 'of the alferriatire is to' encourage pedestrian travel, promotior>r of the'Arts tine provision of~tieed'ed Open°Space;. encour~ging`~~puEalic~ art and to provide -spa~ce_for an entry way feature, all ~ of=rvhich is in keeping with ~tFie vision frsr Pineapple C~'ro~e, "The developer has chosen the residential option in lieu of providing ;non-residential uses on the ground floor. Consequently, a developer's agreement "contairi~r~g terms acceptable to the City must be submitted at the time of application of a building permit and this is attached as a condition flf~apprvval. - , - Overhead power Lines: ~ - .. _ - Overhead cables (electric, telephone, CATV}:°are required ta~.~he~~`piac~i~l.~~~•~ar~de~~i~o`i~~d~,- whenever feasible, Liven the proposed redevelopment~of-the prope~rtiy~~~:pis-'=ap'pt-oriate=. to require the undergraunding of these utilities including those along the adjacent public rights-of way, rivhich are predominately located along _NE 3`d Street at.this timd'•ai~d~this. is attached as a condition of approval. . Ritghti~of:Way DediEa#ion,-: : ~. ~~ - . ..: '~ _ - - ~ . - ; ~ :_ . P~irsuant to LDR Sectii~ns 5.3:'I (A}~ and 'f D} •arsd Table T-1 of the ~Cc~rmprehen°sive~-Plan Transpor-Cation Eld~erit; the'=follQilving #able describes the requiter!- rights=~of-way anct-the • existing rights-of way adjacent to the subject property: - Pursuant to LDR Section. 5.3.1tD)t4),-.a reduction in the required right-of way width or existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group tDSMG). The City Engineer and DSMG considered the reductions and approved the .reduction of.. right-af-way for Pineapple Grove Way, NE 3'd Street, and NE 3st Avenue t4 the existing width. . °' SPRAB Staff Report -- ~lass V Site Plan, Building Elevations, ar~d Landscaping for Cannery Row Page 5 - However, 20-foot corner clips are required a# the intersection of NE 3rd Street and; Pineapple .Grove itVay ar~d at the intersections of NE 3"~ StreetfNE 4'~ 5treet along NE 15t Avenue. ,These corner clips are noted on the site plan. Pineapple Grove Male„Street I~edevelopmer~t Plan: The Pineapple Grove Main .Street Neighborhood Plan (The Plan} contains several, .. design guidetines.that address redevelopment efforts within this area. The fioilowing is an analysis of the applicable design guidelines: Street Cmpravements:. Pursuant stn the~Plan, NE 1st Avenue needs t© be resurfaced and realigned between NE 3`d ~Street,and.. N,l~ 4~n Street to..reflect ~tl~.e improvements previously constructed on. the 1~t and 3rd blocks of NE ~St Avenue. The proposed improvements along NE t$t Avenue. including the landscaping need to be consistent with the previous improvements along tl~e south.,side of NE..3`~_Street and this is:attach~ed as a condition; of approval. " ' - Sidewalks: The Plan indicates that a minimum '10 :foot wide sidewalk_ be..pravided .along Pineapple Grope . Vlfay. Ttae: applicant propoees #o reconfigure the .existing . sidewalk. ~. along. Pineapple Grove way by reducing into 5 feet~wide and installing; ,parallel parlsirig_spaces within the 'public right-of--way. Since the City has moditted the Land Development Regulat~ans. t4 allow residential-only for. ;the subject -j3roperty,, tote. - purpr~se . fgt. the . oversized sidewalk is no longer justified and the;reciuction. can: be supported, . - ~_= . Intersections-& Crosswalks: . ~~ The Plan indicates that~~the~intersections at ~IVE Esc Avenue and. NE 3'~,"Street,..arad at Pineapple Grove Way and NE 4~' Street and at~ NE 3`d Street, need t© be resurfaced. witf~ paver bricks to match the intersection at. Pineapple. Grove..Way and .Atlantic Avenue. It is noted that the intersection at NE 3`d Street and~Pineapple Grove Illfay has been previously improved with ~ a ."round-a-bout. Further. irnpra.~emertts _at" this iritersection will need to be coordinated with ttie City Engineer: The carne issue~accurred with the Pineapple Grove Limited m'sxed use project located: at the northeast corder of NE tst Avenue and NE .~St Street. The Plan indicates .that this intersection was also to k~e improved in accordance with the intersecfinn at Pineapple Grove 11Vay and :Atlantic Avenue. The. Historic..l'reservation. Board approved the Pineapple Grove Limited project subject to fhe applicant contributing one-quarter of the cost associated. with this _.intersection imprgvemen#.: Co,nsequently,: a. condition of approval is attached that this applicant contribute one-quarter of the cost associated with the .improvements at the intersections of NE ,Ist Avenue and NE 3rd Street and at Pineapple Grove iNay and NE 4~h StreetJNE 3~d S#reet.. - ~ .. -. . - SPR,4B Staff Report Class V Site Plan, Building Eleva6oris, ants Landscaping for Cannery Rove Page 6 Finally, the Plan indicates that crass walks at all. intersections be. paver black. A condition af~ approval is attached that the applicant improve the crosswalks with pavers at the remaining intersections that will not be ~improved~~as noted above. Street and Parking Lat Lighting:' - - - Pursuant- to The Plan, the -strut and parking'~lot ligF~'ting should'beconsistent with-tl~e Pineapple Grove Nla'in Street lighting. The light poles and bxtures shau~d have'a pedestrian. scale of 12 feet to 14 feet. The street lightsshou~d be staggered from oiie side of the street to the other with a separation of approximately 75 feet. The lamps must be metal halide and powder-eoa#ed cast aluminum for thepole ancC tix~re and fitted tv accept banners. A condition of approval is attached tE~at the street lighting for NE 3`~ Street, N~-~t~rAvenue; and~NE 4~' Street be identified'ori thy: plans acrd that they consist of~the~typical acbrri~~light'fxture and 'spin concrete poles for the~re~levelopmerlt- area.~ ~ ~ - qi .. ~ - i - Technical ~Items:~ -Nl~~~e~k~ r~vsad site pla~r bas accomii~rnda`ted"most of the~~staff concerns, fihe following items remain otatstanding, and will need to be addressed prior to building permit submittal unless otherwise nofied: -' '`~ That; the:`roof rribtinted ~ equipment be prvviled vn ttie :cross sec#ii~ri' of ttie- buildiing . and'~tl~at a~sight line~be~:pr'ovi[led~pursuant to ~LDR Section'4:6:9~~13)(14)(i~(A=} pr~iarto ce'rtii•icatiei~ of "ihe sitepiars.` ~ ...- . - - ~ - ... ~ _ . ~~ Ti~at tGVb sidewa~Irs~' provided~:per driveway entrance along NE 1St Avei~u~'~artd~ IVE _ 2"¢ Avenu'e~~prie~r~to certification~of~tlie site plan. ` " .. . ~. All sidewalks sha11 be a minimum of 5' wide and dimensioned. Clearly ~dirsertsiairS_~-5' sidewalks orl paving and drainage. Clearly indicate if proposed sidewalk along NE . ~4~' is~ta~ ~e lriclt pavers. ~ -- . .. - 1N'iden `sidcrrva~ks~af~ allcir~tersections ~ - , . .~~ . ~ . -. _ . ~ . - ~~Inclicate`location of irrigatian~water meters (east of 1-95 arily).~ ~ ': Provide exclusive 1 Z foot water acid sewer easements-over water and sewer mains. 7. ' :Shaw -all ea~emerits ~on.Landscape~ Plans,. ~~ ~ . (~ ~~Developer to -ensure that- no iandscap~ng is planted over any exfiltration trenches.: ~~ ~ - Aminimum 1 Q foot general utility easement is to be provided through tha property. - ~- _ :. .. { ~VI~Provide location of proposed~~street~light~ and address responsibility for installation and maintenance per LDR 2.1.3 (D) (6~. ~ ~ ~- - ~. Parking spaces in streets need to be asphalt not concrete. Clearly indicate on Plans with appropriate hatching. - ~~ SPRAB Staff Report Class V Site Plan, Building Elevations, arsd Landscaping far Cannery Raw Page 7 ,rl~.That a plat applicatian.be provided.. 3~'1"hat handicapped accessible. parking. spaces be -installed in~ the rights-of way along :-NE- 'Ist. Avenue. NE 3`~ Street; and NE 2"d Avenue. Each space shall be located -adjacent to a landscape node and be designed with a five_foot ~5') access panel. end associated curb cut, per FD(3T design standards, at the rear of the parking spaces prior to cert~cation of the site plan. - - '4~1"hat ADA accessible walkways be provided adjacent #o-the vehicular access ways ~~' to allow far pedestrian access without utilizing vehicular travel lanes prior to - certification of the site plan. ~ - _ . 5~ That the location of the~ADA compliant parking signs be Hated on the site plan prior ' to.certification of the, site pla~::..~ -. . - - _ . The City Horticulturalist F~as reviewed the ~propc~sed landscape plan and ~fvund that~it~ substantially complies with LQR Section 4.6.9G. The proposed landscaping ~o~sists of ~Cocor~ut'~Palms, Gassla tr~.es::East l'aja#k~.~Fia[ly, t?oxta~l•Pa{'ms; G~ei~er t~~es, F~ibisous.~ trees, ~ Boiigainvilrea ~trees;`L€gustrum ~#rees; l~i~ubfe Alexander~~Palms, l;'i~e Qak frees; Royal- Palms..,., S.impson..Stopp~r..trees, and S:abal..'Palrras,. These areas will:. be under-. planted .withBush Alan-panda, .Bismarkia, Palms,:. Pure-,~rir~,um ,Lily,. Eur;o}~ean Fan Palms, East Palatka hiQIIX, :Fic-us~ hedge,. Firebush~, Fakahatchee Grass, .Geig~r.,tre~s. Green Island Ficus, Spider Lily, Horizontal Cocoplum, ixora Nora_ Grant, Penta, Ti Plant, Trinette, Viburnum; Wart. Fern, and-~anadu. .. _ ~ . - Landscape„ „Technical Items: -The .following ~ ~andsc~pe Plan -.iterrts-. reimain outstanding, and will- need to be addressed prior to building permit submission unlessas otherwise. indicated. ~ - . , - 'I. That conflicts between landscaping; Futilities, artd lightpoles are :resolved in - - ~ accordance with direction by the Gity Horticulturalist prior to certification of the site . plan. - ~ .. - ~. Per 4.6.'I 6 (D) ~4) (a) the ultimo#e-mature height and width of a tree to be pEented should not exceed the available overhead growing space. Tree species shall be :consistent with the recommendation in. the most recent publics#ion of FpL's "Plant the Righ~.Tree in the Right Place".- As mentioned abque, some of the proposed. trees -are .close to .overhead lines anal they .are not consistent with the FPL guidelines. . Unless the overhead .lines along. 3'~ Street are moved undergrflund, there will be conflicts, .. - - 3.~ Cf-major concern is the streetscape along Pineapple Grove V11ay. The plant.pallet~ selected shall be consistent .with the other tree-and plant material that is, planted along the street. There is an existing pair of Canary Island Uate palms {directly across from each other) toward the carne of Pineapple Grove Way and 4~` Street -.,::., ` - SPRAB Staff Report - Glass V Site Plan, Building ~levattons, and Landscaping forCar~nery Rover ~ - Page 8 that shah remain across from each other. The continuity of the landscape along the- westside of Pineapple Grove way shall be consistent with the east side. 4. Per ~ 4.fi.1 g~E~ ~ (1) xeriscape principles shall be utilized in landscape -designs and installations:` The landscape" nodes-in the right-of--way shall be planted~~in shrubs and ground cover instead of the proposed sod.. ~ ~ • ~. There are notes on the Paving & Drainage Plan identifying a six~'foot (6') masonry wall with aluminums gates to be installed at the north and south sides of the corriplex. The arrows point walkways:Please clarify. • ~ - 6. A development and landscape plan shall be provided for the northeasf~corner of the site, as well as provisions for installation and maintenance. ~ - . ~_ There are several proposed Live Oak trees located within ten (10) ~€eet-of .a building. -„ ..Either more room shall be: provided for these:#r..ees or the species will ,need to,, be. 8. The applicant s-ball prQVide 'the appropriate landscape-calculations. ~ - ~ ~ ~ ~ ~ ._ P•drsuarifi to~ LDR`Section ~5.18~f) ~tl~"~ollijv~ring curter'ra~§~h~all' lie oonsic3~red; ~ l3j/`tbe ~~ife Plar} Revie~rii~~nd~ Appearance•Bbard, iri the review' of plarrs~for ti~ildi~ig`'perrlits. if ~tlie foil'o~iir~g~eriteria-are-~not~inof,~the~:~ppli~oa~iori sha3l be`~disappro~ieti. ~ ~ - ~ -. ~ . a) The plan or the proposed structure is in Cbiifo~rmity=rn~ith good' •taste, •g'oac~ ,ddsigin; and in general, ,con#rbutes to the image of the City as a .plaEe of beauty, :' ~ speclo~asrrt~~ss;=l~aimane~ tasfe~ fitnes~,-6roatl vistas, and- high quality::.. .`=- `• ~ `'::"' - -` b) The proposed~structure, or project, is in its exterior design and a~peafarice'~of~i~alit~ such as not to cause the nature of the local environment or evolving environment to ' - materially depreciate in~~appearancc aril 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 wli~ich maybe set forth for the Board from fame to time.. ~ ~ `~- ~ - - The architectural interpretation. ~of the bctildng is an eclectic mix of • threeprimary architectural ~ 'styles that - i~`clude ~ Florida vernacuiiarlFloiibbean, Mission, • and IV{editerranearl influences. Th'esa architectural styles -are compartmentalized •in the vertical plane,~which will give~~tlie ~impressibr~ that the block was~bu~ilt at differing points in time. The roof~contains numerous changes in styles and piano changes. T"he~ inf~ision of differing architectural interpretations are tasteftlily incorporated and result in a.well balanced arid -propor#ioried;~building- that results with an appealing rhythmalong the streetscape. The roof material-includes grey flat concrete tile; gahralume standing seam metal, .arid variegated Spanish "S" tile. The window styleslsizes and- treatments are varied from each of the vertical architectural style changes: The balcony ~ includes t.'. > ,. SPRAi3 S#aff Report Class V Site Plan, Building elevations, and Landscaping far Cannery Row. Page 9 French doors and the railings are also varied. The primary- wail finishes are smooth stucco finish and tlOld Chicago" brick veneer. . Pursuant to LDR Sec#ion 2.4.7(B}(5}, pr#or to granting a waver, the approving body shah make a finding that the granting of the v~iaiver: (a} Shad not adversely affect the neighboring area; (b} Shall not significantly diminish the provision of public facilities; (c} Shall not create an unsafa situation; or, (d} Does no# result in the grant of 'a special privilege in that #he. same waiver would be granted under similar circumstances on other property for another applicant_or owner. ~ -. .. Arcades, Rorci~es, Treiiises, Loggias and Balconies: Pursuant to LDR Section_ 4.5:18{B}{14}(iii}(1}(b}, exterior walls or vertical surfaces shall:. not exceed 85% of the ~ 1er~gtfi ~of the, ~arcacler porch; loggia, or balcony.. - 'The will surfaces of the townhouses with-tFie sPnaller balooriies above the front ddars exceed, 85°fo of the width c~f'the balconies. ~. ~ . ~ ~ ~ ~ ~ - .,- . The applicant has submitted the following narrative 'rn support of the waiver: . - "!n fhe areas of fhe exterior elevations in which if appears the .walls exceed 85% .of the - - bafconies~ and%br° poiches ffi~se ~~.are 'actual}y false balcone~es wt~r`ch .cannot.-be ?C~GSSeCd by--~5fderitS." - :. - ~ - , 11Vi;~ile the architectural futures are a false. "balcor~ette," fh~y are intended: to give the impression ~of a functioning~.baico~ny. The. purpose of the percentage ~recjuirement is to provide a proportionality 6efween the wa11 area and the laalconies. It is.noted,,#hat #his - - ~ ~ proportionality is achieved with the architectural design of these#ov~nhouses; in each of . these facades, double and single windows.have.beer~ provided to maintain a rhythm to the architecture. ConSegyently,~ positive findings can be made with :respect. to CDR , - Section 2.4.78){5}, Waiver' Findings. ~ ~ ~ ~ ~ . Buildi~r~g Colors: .. ` . ~ . ~. .. - Pursuant ~o LDR Section 4.6,18{B)('l4){v}(2), a mazirnum of~4 primary wall colprs -shall - be used for each~~building. The development proposal includes a color scheme that includes 9 different primary wall colors. The applicant Fias submitted the following narrative in support of the waiver: "VIIe have complies' with fhe Pineapple Grove design 'guidelines which require multiple colors~throughouf a development of this size." SPRAB Staff Report Glass V Site Plan, Building ~ievations, and Landscaping for Cannery Rovs+ Page 1fl Waiver Analysis: The Pineapple Grove Main Street Design Committee has reviewed the architectural renderCngs of the:building~arid recpmmends-approval. The purpose.af the limitatiop~of. tFie colors is to control the garish ap~rearence of buildings.- Wowever, in`this~situatiori the Design Committee supp©rts the color scheme.of.the.building: Consequently, positive ~rndings can be made with respect to LIAR Section.2,4.7{B){5.), Waiver Findings- Miscellaneous Free Standing orlAfafl MQUnted.Appurtenances: Pursuant to LDR .Section 4.fi.18{B}{14){v}(3}, miscellaneous free. standing,. wall ~vr ground mounted appurtenances such as electrical.and gas meters, dumpsterlrecycling, ~: trash compactors,' ,gas tanks, air c©rid~tianirig .and ciarrrmunicatiory equipmen# shall be .enclosed or screened aril integrated ~'irito the buildings architectural treatment. The appurtenances shall also ba prohibited within the front yards. The applicant has submitted the follvviring narrative in support~af the waiver: -~ .~ ;- Arr conditioning ~. units 'have ~be~it; laeafe~d~ on 'the ~ro'vfs andlo~ on fhe~.. sides ~ of the buil~ir~gs wherever possible.- =~"I~e' ,kaiance of the., air„,c4r~d~iorring units have b.~en Iocafed off to -#f~e side .of the ~inain . enfrances arrd wit! _tie~ screened .`by appraptrafe Landscaping. This is not an uncnrr-mon condition in downtown urban developmenfs.~'' itllaiver Analysis: ~ ~ ~ ~ ~ ~ - ~ ~ : ~ ~ - ...-... Ttie applicant.'iritlicates''tli~t of is" ~riot~.uncommon to~~ha~e. air ~ca~clitioriing.-~nits~~.~tocated. .betweeri~`tl~e frori~ of ~ffe ~l~tiilding~`and`'the street in downtawri drl~ai~ deyelbpin~rits. However; along a predominately commercial streetscape, there ~ are few {if ariy) instances of air conditioning units located between the building and the..stxeet.., Since; -the project could have been designed to locate the air conditioning ouf'``af}`'~~ii`s` area . (either to the rear or the roofs), a. waiver cannot-be supported. ~: Conseq~entiy;_.pos~iv firidir[gs canrlo# lie"made. v+tifi're~p~ct~tv,~DR Section 2.4.E{B.}(~},1tVaiuer Findings. :-~- - RLQUIR>rD FINDr;NGS .tCHapter 3].,; ~. _ .. ~ . - . . . Pursuant to`'~.DR ~Sectii~n 3.9.9 ~~{R..eq.uired Findings), .prior to the. approval of developrrient 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 ar deny .the development application. These - -findings, relate to~ Futute Land Use :Map- .Consistency, Concurrency,. Cornptehensive Plan Consistency and Ccimpl'zar~.ce with the LDf~s as; noted below. Section 3.9."1 A -Future Land Use Map:. The~subject property has a'Fufure Land Use Map designation of CC {Commercial Gore} and is zoned CBD (Central Business District}. The CBC~ zoning district is consistent with the (CC) Future Land Use Map designation. Pursuant to LDR Section 4.4.13{B}(~}, - SPRAB Staff Report Class V Site Plan, Building Elevations, and t_~andscaping far Cannery f2aur Page 1'I mufti-fami#y dwelling units., excluding duplexes, up to a maximum density of 3Q dwelling units per acre are allowed as a principal use. Based upon -the above, positive findings can be made with respect to consistency with the Future Land Use~IVlap. - Section 3.1.1 [B} - Concurrer~cy: As described in Appendix A, a posit#ve finding of conc~iriency cart be rrnade as it relates to water, sewer,. stre's_is ~ and traffic, drainage, parks and recreation, open space, ~ send waste, and schools. Section 3.1.1 fG}. - Gonsistency {Standards for Site Plan Actions}: . As descrilaed iii Appendix ~A,- a ~positive-finding ofi consistency can be madi~ as it~ relates- . . te`Standards fvr Site Plan Actions.: - ~ .. ~ - Section 3.1.1- {©? ~ Corripiiariae WitF~~ the Land Qeyelopmeht~Requlatiora5: ~. . As described under'the=Site~l'Ian~Arialysis~of this Fepot, a positive~~fn~ding~of~compliai~ce~ wi#h the I~DRs can be made,, when a!f outstanding hems attached as conditi©ns~ of appr~ival are addressed: ~ . ~ ~ - ~ - - - . .. ~.. - ~ - Gam - t~eh>?r~sive Plan Policies: ~ - ~ - . A review 'of the objectives and policies , of the, adap~ied Comprehensive .Plan was . coiacluctecl=and the=fi~llowri'g aPplicatile~obrectives:~o~:p©l#cies~~uriere'noted: "~~.>-N° ::: `~' - . _ - -: - • - „~.. .. - ..~ .. ~ „,.,,,, , ement --~ ~()bjbctive ~ A~1~:: Property : shall ~~:be-~=leve[eped- cry . Future ~ fond' ~ IJse 1=1 _ _ . redeveloped i~~ a`~manner- so fhat~ tfie ~utrare~ use ar~d intensity is ~ appropria~e~ ~arr#1 complies in terms .ot soil, topographic, and ~ other appliGable..physical~ carisic~erations; iscomplimentary to'~'adjacent lard ~ uses; arid~ #ulf lis~~ remaining land dse needs.' ~ ~ - ~ - ~ - ~ - ' The property is vacant and contained the former Pubi_ix Shopping Center and ~U.S. - - Postal service buildings. There are no special physical or environmental characteristics ~~ o~f~ the' land that would be negatively impacted by the- proposed' developtrient. The - devel~aprnentr~vill'be complimentary with the surrou~dirig commercial dev~:loprrments~~and 'provide ~.-a customer ~tiase ~ far ~-area- businesses ~ on a ~ year-rciundbasis instead ~of seasonal, whicf~provides economic stakiility far the area.. = ~. r - - ~ ~ -. In terms of fulfil#ing 'remaining land use - needs, ~ the Housing Element - of the Comprehensive Plan. status as follows:... ~ - ~ ~ . One of fDe rnasf important objectives of the City's overall Dousing poficy r"s the establishment of hatrsing in the downtown area, !n the years since adoption of-the ,fi989 Comprehensive Plan fhe downtown -has changed from a somewhat sleepy, seasonafly oriented shopping districf fo a vibrant year-round refail, service, and entertainment area wifh are acfive nightlife. ~ ~ critical missing element is a sign~canf housing tlevelapment; The City recognizes fhe importance of providing housing in.cfose proximity to shopping, i""~. ~~. ,. - .. p .Sf" N1L7 a7ta~1 RQ.~~[ l ~ . Glass V Site Plan, Building Elevations, and Landscaping far Cannery Row Page 12 - employment, and fransportatian, and fhe need to have a residential base to support fhe. businesses in fhe downtown area. The Cannery Row development -will help to fulfill this stated land use need, and is therefore consistent with this policy. Hoasing._0bjective._A-'12;, To,.asslst residents- of the City in maintainiing..and enhancing. their neighborhood environment, the City shalt- take steps .to ensure that modifications in and around the n~ighborhvod do not lead to its, decline, such as those described in the following policies. Mousing Rolicy ~-A='17;3:. In evalufitir~g proposals' for new ~"deveioprrtent or redevelo~rnent,-,the City shall consider-the effect that the :proposal rntill have on the stability of nearby neighborhoods. Factors such as noise, odors,-dust, traffic volumes and circulation patterns shall be reviev~red in terms of their potential to negatively impact, tl~e-;safety,..habita~ility and stability of .residential areas. If.it.is determined ~tf#at' -a' proposid d+~velti~iineht- wifl resiilt`~~in' :a ~degraclation o~ atiy_ -neighborhood, the:pxoject shall be modified. accgrdingly. -or denied= : .. .. b.' . _ _ _ __ _-. ~ 1 - The proposed . development 3rui~l nothave a significant~~ impact qp ~the:,~xisting.. ;singe family neighborhood to the west. The proposed development, is located ~in the center iif the City's commercial downtown area. The traffic . impacts:: associated::;with„~ the development will not.have a detrimental affect on the residential neightiarl~aod: -- - -~ Section ~.~a5-(F}(5}.,~.C.omuatEi~ilt~t-(S.ite_P.ian. Findin~r~s), nThe.app~~~vn .~bo~ly;m.ust make a fndin #hat develo merit oli•Y~Ehe -rci~ ertT :~~ -3.,~~. g p ~ p p: y pursuant to the~~szfe.lilan~will-be compatible and. harmonious-,~ceth.._adjacent_and nearby, propprties:.and.the;.C~tyzas-aa virhole,.,so., a~,not to cause;spbstanfial.de'pr~ciaton of property_yalues . ~"- The,sutiject,property-.is bor..dered..to the .eas#ar,~d. snuth?by. CBD..zorling,:ta: th~.,_v~~st,~by OSSHAD, and tv~tlie north by RO. `fhe surrounding uses are offices t©.the north aid - south;, single-family and commercial to the west, and commercial at~d g'as station tii the - east. _ . ~ . ~ ... - - ~ ~. The residential devetopmertt lruill sign"~icar~tly, erlhanc~. the aesthetics of thd, subject ~rciperty together. with-.t~~ neigliborho©d. The: proposed -redevelvpmer~t will. provide .year-roprid customer..base ,fwrir..the. nearby.comrrmercial properties.. The'stabiiity.~~gfr;the downtown area will be enhanced .thy, the-addition of :$2 -households that.rruill ~patrQlnize area businesses and contribute ~ to -the long -term revitalization of this redevelopment area: - . - - Downtown l~eveloantentAafhor-ity;- - ~ - _ ,~ - . At its meeting of August 1 ~~, 200G, _ :the DQA reviewed the site plan request and recommended approval subject- to approval ~ by the Pineapple Grove Main -Street committee and subject to satisfaction of all.conditions of SRRAB approval. . - - SFRAB Staff Report Class'V Site~Plan, Building Elevations, and Landscaping for Cannery Row Page 13 - - Pines fe Grove Main Street Desi n Committee: At its meeting of August 2, 2006.;, the Desigh Commiftee-recommended approval.subject to redesign of~ the project to eliminate one of the driveways .along the west side of the property. Further; the Design Committee recommended that the two longer, buildings on the west side of the. property be brokers apart to provide two additional green areas. (lt is noted that .the development proposal has been redesigned to provide only one driveviiay. along the..west;->~side. of the: paper-ty~-per-the- Design- Committee's direction. However, the builcftngs have not beenbroken t'a provide additional green area}. - ~CommunifY~Redevelopmenf Acfency (CF2A~ At its meeting of .July 27, 2006, the CRA reviewed the site plan request and ' recommended approval. - - _ -. ~ - C~iurtes Notice: Courtesy notices have been provided to the following homeowner's associations ~ and interested parties, which have requested..aotice of. developments~ir~ their areas: - Progressiv..e Residents of.Delr'ay..: - ~ - - . A . Presidents: Council _ - - ~ ' ~ . _ ~_ ~ - .~ _ -_'-~Chamber of Commerce . -. .. - ~ . - ~ - .= -.:_- - . - , .. .. '. . Neighborhood Advisory Council ~ ~ . ~ . - Del~lda ~ :. Any letter-s ;of_support or abj~ctiorl;will be. presented.. at. the SPRAB .meeting.:. ~ . - . - -- The development of residences within the Pineapple Grove Main Street Redeveloprn_ent ~ Area will add to the customer base of sermun_ding businesses, .which will aid '•in fire renaissanep o~Fkhis.:area.. Tie architectural is-of s_upeFior tlesigrl; which ~-rill,.be an,-asset to.the~ co.mmunii<y. _:The; prvposed.~developme~nt is~consistent,..with the.-policies of. the - Comprehensive:.Pfan and. G~apter 3.of the Land-~I7evelopment Regulations, ~ Positive findings can. be made wi#h.:respect .to .Section, 2.4.5(F}.45} regard-ing' compatikiility of the pro-posed development with surrounding properties. ~ - - A. Postpone with direction.. " - - B. Move approval of the regoest"for waivers, Class V site plan, .landscape plan, -and ~ ' architectural elevations for Cannery Flow, 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}, 2.4.7~B}(5}, and Chapter ~ of the Land Development Regulations; subject to tfie attached conditions of approval ~~ SPRAB Staff Report Class V Site Plan, Building Elevations, and Landscapfig for Cannery Row Page 75 4. That a developer's agreement containing terms acceptable to the City be submitted at -the tirrie of application of a building .permit- (for the open space and. community facifties•components}. ' - ~ ~ ~ ~ . - . 5. -That service utilities and the existing overhead power• lines along the adjacent riglits- ...of--way be located underground.. - .. ~. 6. That the applicant ~contributo one=quarter - of the cost associated ~`wifh tFie improvements at the intersections ~of fVE 1~.St Aven~ue~ grid NE 3`~ ~ Street and at Pineapple Grave Way and NE 4~'-5treet/NE 3"t Street. 7. That the street lighting far NE 3~ Street, NE 1St Avenue, and_. NE 4~' Street be identified an the ~ilans and that they consist of the.typical- acvm light fixture and: spun . ~- concrete poles fartt~e redevelopment area. • .:. :. - - 8. That~a ftnding~of concurrency.be submitted-frorrr-the School District: 9. The proposed improvements along NE 1St Avenue including the landscaping need to -~ ~be consistent wit11 the previous imp~-ovements-along. the south- side~of t~E ~ Stree#. 'IO.That the appl'icaiit improve the`crosswallcs with paves at-the rerrlalnirig-;iritersectivns that will not be improved. - ~ ~ ~ - ' 11.A finding of concurrency be submitted fram the School District. - - - ~ ~ ..~_ L.andsca~ a Plan: ~ ~ - - ... _ - ~, . - - Approve the landscape plan for Cannery Row based on posifive findings with- respect to Section 4.6:16 of the Land Development Regulations, subject to the=~~iynclitivn~tiat'all= Landscape Technical Items are addressed and three {3} copies of the revised plans..are: submitted. ~ .. - ~ . ~ . `- Approve the proposed elevations for Cannery Row based- on positiYe findings with ' respect to LDR Section 4.6.18{E}. Attachrner~ts: . ~ ~ _ • Appendix A - ~ - ~ - . . + ~ :Appendix 13. ~ . - - - • Site Ilan- v - ~ ~ ~ - - _ - Architectural-Elevations . + Landscape Plan - - - Report prepared by:.Scott D. Pa a Senior~Planner ` SPRAB Staff Report Class v Sits i'lan, Building i=levations, and landscaping fer Cannery Row page 1S - Pursuant tq: section 3.7.7(Bj Concurrency as defined- prrsuant to tabjectiv~e 8 2 of tl~e Land Use Element of the Cumprehertsive Pian must be_ met and a determination made that the =public facility needs of the requested land use andlor development application will nod exceed.the ability. of the City to fund:~nd provide,•or to require•the provision~of, needed capital irnproverrients for the fallowing areas: - - Water and Sewer• . Cl The pmpert7i is crarrently senieil by a '[ 8" water ri~ain along NE' 3'~ Street. © Adequate fire ~uppressior+ vuill ~~ 'provided` pia Ihstall~tion of a fire hydrant ~~loiig NE 1S` Avenue•and existing fire hydrants on the south side-of SE 3`~~•Stre~et, east sills ofi Pineapple Grave Way, and north side of NE ~`~' Street. © Sewer service will.be,provided service later2~f~ corinectivn to an existing°8"-.sewer~-nain along the Pineapple Grove Way. Pursuant ~~ta- ~t~e -Gamprehensive:;Plap,:.,treatrner~.t~,capacity. is•~.available~~ at ..-the Git)r'~ V~later Treatment Plant and the South Central County Waste Water Treatment Plant far -the City at build oat. Based upon the abav~~ •po~itivq isrltiings can be made with _resppct,to this leyei:~af services `standard:` ~'• . - . Drainage:- - Drainage is to be accommodated via sheet flaw #o catch -basins that drain tv.an exfiltration system. There are no problems •anticipatecl in complying with SFWMD requirerrier}ts~ -a~n~d~`tlits; obtaining a surface water permit. - - S.treets.snd.-Traffic:.. .. , -, :. - • . : ~ . s'- A traffic statemerif has been submitted that indicates that multiple family dwelling :prlits will generate 616 net new average daisy trips and';4 p.m. peak hour trips. It is noted that according to the Palm Beach County Traffic Perf'vrmance Standards Ordinance, residential deveiapmprit~s east of 1-95 are exempt from meeting concurrency. Furthermore, the property is lacate~ ii5'the ` ~ City's Traffic Concurrency Exemption Area. Based upon the. above, a positive finding. can be . - made with~respect to'traffie concurrency. ~ - . ~. .. Parks and Recreation f=acilities: The proposed units will not have a significant impact with respect to level of service standa`rds` for parks and recreation facilities. However, pursuant to LDR Section 5.3.2, whenever a development is proposed upon land which is not designated for pant purposes ira•~ -the Comprehensive Plan, an in-lieu fee of $500.00 per dwelling unit will be coilected~=prior to issuance of building permits for each unit. Thus, an in-lieu fee of $41,000.00 will be required of this development. ~ ~ ' Solid Watte- Trash generated each year by this development will be approximately 0.52 tuns per residential unit (82 units} far a total of 42.64 tons/year. The trash generated by the 2,783 square feet of - ~ SPRAS Staff Report - Class V Site Plan, Building Elevations, and i.andscaping #or Cannery Row Page 1.7 - communiiy facility will be 14.89 tonslyear far a tatal of 56.3 tanslyear. This increase can be- ~~ccommodated by existing facilities acid thus,. will-rt~ot be signii:~cant with respect to this Level of - servicd s~t~ahdard:: - ~ - ~ - School, Concurrene : - - A letter has not been~~receivecf from they Schabl District with respect to cancurrency._ A cpnditivn of approval is attached #hat a Ending of concurrency be submifted from the School District. It is Hated that the 82 multiple family dwelling units will have a negligible impact_on levels-of-service with respect to the Schoal .District. - - . :.r.. .. - ~ .. - ~ . _ ~ .. ..- .. .: ..:.. ... _ - .. i ., - ~ - ~ .:. - ~ - • - - ~ -. - -- - i .- - . i ~ - SPRAB Staff Report - . ~ . . Class V Site Flan, Building Elevations, and k.andscaping for Cannery Row Page 18 - A. building design, landscaping, and lighting {glare) shall be such that they~do-not create unwarranted distractions ar blockage of visibility as it pertains to traffic circ~ulatinn. ~ . Not applicable - ~ - Meets intent of standard X {Subject to revision of the photometric plan) Does not tneet_intent ~. Separatiari of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-'I and D-~ of the Transportation Element. Nat applicable Meets intent o€ standard X (Subject to the provision of sidewalk connections at . _-_ the driveways]. - ~ - - Does not meet Intent ~ ~ r C. Open space enhancements as described in Policies found under Objective B-'l of the Open Space and Recreation Element are apprnpriately~addressed. Not applicable X Meets intent of standard Qoes not meet intent ©,. 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 ar modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted, Nat applicable Meets intent of standard X Does not meet intent E. ~Qevelopment of vacant land which is zoned for residential purposes shall be planned - in amanner which is consistent with adjacen# development regardless of zoning designations. .' Not applicable Meets-intent of standard X floes not meet intent ~ , F. Property shat[ be developed or redeveloped in a manner so that the future use and - intensity are appropriate in terms of sail, topographic, and other applicable physical considerations; cpmplementary to adjacent-land uses; and fulfills remaining land use needs. Not applicable . '~ SPRAB Staff Report - _ .. Class V Site Plan, Building Elevations, and t_andscaping for Cannery Raw .Page 99 ' Meets intent of standard X hoes not meet intent G. R~ed~e~eloprnent and the development of nevv land shalt result .in the pravision.nf a variety, af-housing types which st~aTl continue to accommodate the diverse makeup of- #~ie City's-demographic profile, and meet the hoi~sing.needs identified in the Housing Etem~nt.. This shall bs accomplished through the "implementation of policies under Objective B 2 of the klausing Element. Not applicable Meets intent of standard X ~ = - Does not mee# intent H. The Gity shall consider the effect that the p~o~as-a(:wilt~ have ~n _tfie stability of nearby neighborhoods. Factors such as nol~e,-=ddors, `dust, traffcc volumes and cir~ulatian patterns shall be reviewed~~zl~.""terms. hf:=~'~heir~:potent%al to _ negatively impact the safety, habitability aril ~`~abilifj~_of t-esdenflal .areas. if it - is deter-rrtined that a proposed develapmen~,'.w~~'. i~n~tN~l~ .~~_ a-degradation. of any neighborhood, the project shall"be modified:~~aecordin~ly-or denied, Not.apRlieable. ~ ._~ - ~ -- - -Meets~:ii~i#ert~of:~;afandard. X - ~ ~ __- - - v.y: - - . l]oes~,nv#.~eet.iritent~,~°- "" ~ - =" ..~ 1. -Devel~i.ptnierix:sF~a11.~not~be approved if fraff~c..ass'ti~lated"witk's~ch.dev~lopment~ would create a new ligh.accidertf lacattor~, ~r e~acerbate~an e~cisting situation ~ausiri.gv~.i~"la:~~~cor-ri~'~:;.a high accident locatiert~'~~~ti~~o~t~-. sueC~. develppment taking aptibris:-t6-~rei~~dy.the accident sltuatiari~."- ~-k.~~,~;~.~~ . - . .Not-applicalals ., .:a~: ° , . , ~ - _ . . . ''Meets intent ofstandard X .. ~ _ "_ ~ . - .. _. - .. . ' ~©aes not meet intent ~ ~ - - ~.J.. Tot lots-and recreational _areas, serving children.:~rorrit,l~oddler tfl,,teens, shall be a feature ~ of: all new here"sing developments as part ~ of_"~the...desigti" to accommodate hauselolcls having a range of ages. This requirerimen~`rriay be.waived ar modifed for residential developments located in the downtawri- area; ~ar~d _4for infill projects'. having- - fewer than 25 units. Not applicable X _ .. ~ . 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F ~ ~ s ~ - ~ ~ ~~ ~ - ~ - 4~ _ ~ itlr 1 ,. ~~~ -t. - -_ ~n U ~ 1] .. a 1 1 g ~ _~ _ a -:~. - - r ~ ~ 1 1 _ -- _ - r< =s- + - a., is - 1 r . . - _ _i .. - ~ "` _ _ .~ 1F ~i ~4 Q ~~ S~ L!i Z I C - i it . ~~ . ~. ~_ cw+m~a.ra.~suvarwv.w wwxrwi.mi.ma a~sana~e~e icaare..lx~.~r+a.nw.ra ~w ai.r rr vvoaNSwwa awa auw++. y.r v.r+m.w s. 1R b~~ ~ ~41~K Ii M1G44 Y{ kasm~ a¢ a~ 14A+s~I ~ ie+M _ tiS:~~}r~•SS• Y .w " ~y~l - r -Lr h ~` 4 i Sh t ~ { .i r - - F - - E~~ ~ _ _ 3 100 N.W. tst AVE1~lt1E ~7ELR~tY B~AC!-t, FLL?R1~A 38~A4 ~~~ ~ b6il2rl3-7000 's` I..1eGBmCler G~, LUU~ fl!{r. Cary Glickstein, President Ironwood Properties, lnc. 277 SE 5t~' Avenue Delray Beach, FL 334$3 RE: Cannery Row G{ass V Site Plan lwxtensian Letter Dear Cary: . This letter is in response to your email of December 18, 2009-which asserts tha# you are eligible for an automatic extension under HB 360 for the Cannery Row project. While { understand you do not agree with my interpretation, it is not relevant to your extension request. Your site pion had an expiration date of December i3, 2008. The HB 3B0 was signed into law an June ~, 2009 at which time extensions were available if requested by December, 2009. This bill does not provide extensions for currently expired projects. Pursuant tv LDR Section 2.4.4(^}(1) if you can verity that 25% of the total cost of ail improvements associated with the project approval has been expended, no extension would be required. if your project does not meet that threshold it is considered expired and a new approval will be required under LDR Section 2,4.5(F}. if you have any questions please contact Nlr. Scott Pape, AICP ar myse{f at (55~} 243-7Q40. erely, Paul Dorling, AI _. Director of Planning and Zoning Cc: Rustem Kupi Gary Eliopoulos Joe Pike, P.E. Jahn Metzger, Esq. Scott Pape Project File Correspondence File ~RVTC(= ~~R~OR~ViAE~iCE ~NTEGRTTY ~SPQlVSIBL~ ~NI~iOVATIVE 9 ~AMWC<RK i 1 , ~l,~ ~µ!'~fo r Zrz ~ ~ ... 1~ a~ ~~~ . 3 ~~ ~ ~ ~ g~ a ~ ~ ..€ 4 . . :~ f , : 0 i 1~32~:l.S 4~~ '~'N ~~~ a 1 ~ a~ ~ Z ~ - ~~ a a s _..i o ` ~~ ~ 7aD ~S E~i9. U 2 o $~~ .s.~. ~ ~ ~~~,~ ~=~ ni~-:3 ~/ ~r .r _ i .~ .I . ~ f .~ ~~.. fL~'1~ 3'N - 1 .. A 9J~1 IYN VW ~~ i I F :I ~ ~i .~ .~ ~~ 4 .~ . ~.t_. ~~ 3. , tl' - ~., t S C @S O ~_ i I ~ l ~~~ ~ G~~ ...1 A Wl~fil ~. ~~ ,3 ~. wPr tao ~ w~evgr ~ 1aSeeno i s~qi ASH alNiW Lwoaa wa w we'o~~ A lA{!gq i1d11W4~ IM1 N1 NMig1 }r ~sno... ,.. as.en... ,. v~mo....w.. wrd ~o~ ~ ~ ~~'- ~ ~ ~~ ~ Sys ~ e~~~j z s m u•, ~a~~ . a o } -~ S~i~ ~ ~3 ~ -®~..w,o.c..+wd*...w.u.e.a.c-.wn.ww.a,mY.,rMSm:ru.o~..~w»,«nomu., in.um.,.. r..r~.~..ca,,., oiw,,,s a+m+~• a+um.ax a+nxaa do w~rc~.. December 1, ~0(lb ~ - ~ ~ ~ . Mx: Scott Pape : ~ .. ~ - . City o~F Delray Beach- - .: ~. - • . . - Planning.&Zonirig~.. - ~- .. -. -. ~" l00 N.E. 1St Avenue, , •:.. .... . - ~ ~ . ~ . - =Delray Belch, F1; 334144 ~" . ~ -- - Re: Cannexy ~ay~~~Tovvnhnuse Development ~ ~ .. ~ - ~- Dear~Nt~:"Pape:..-~_ - ~.. .. .- _ " -. Please ~a~Gept~ this letter~to.~reques~--~:vt~aa.~err frcim:-flip ~:~rid'L?eY~~opment~-Regclataons • LDR) Section' 4,6 l8(B)(1#){w)(~1 for r the ~~~~above:..,.r~ereric~d pl`o~'~ct- based on the . fallowirtgcvi~c~iliozrs: - -_ _-. 4. ._ ~ - - ~ ~_ • - ,-'F~~iD~t~Secton;-~F~,°~~18 =B~r ~~ : ~~~ ~~; °a':~i~rri~d~:4.~ i~im .:_t~iall colors _ ~shall:~~t~~ used for' eacli.liu~s~~g,,".:.Color a#d. m~tenaL:sairipTes~;~eed to. be - --. ;p~rq~~cled=~t~getber $ full,~s:'sets i~~coltire€I ~`eridcrrin~s (~' x~S"}: We~have . ~ ` . - - -~ ~ cnr~,~laed with the ~ineapp~e Grove d~~~.d;n~~guidetnes which regitre multiple _ ~ cod,~F.~.~1~hroughout u~de~?el~~rrterlt:of this:size. ~ ~ ~ . _ _ ;~.: _ - : Please feel: ~`~e: to call our olf c~ ,t;~ou lia~-e afiy questions regari3ing~this waiver. f __.~, -- ~- .. Gary. :~ Itopoulos, AIA, NGARB:~: ' - . ... . - ~ : - 2D5 Geozge Fush boulevard ^ -Delray Beach, Fiarida 33~ Telephone 561. 272-9595/561-276-6011 ~ Fax 561-272-3192{561 276-6T29 ^ la~nail KVAoffice~aoJ..cnm(Gl'EC~aoLcom AA2600Q691 . Page 1 of 2 FROM: Amy E. Alvarez, Historic Preservation Planner Paul Darling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: May 26, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JUNE 1 2010 AMENDMENT TO AN IN-LIEU OF PARKING AGREEMENTIATLANTIC OCEAN CLUB ~FYK/A BOB'S FAMOUS BAR) ITEM BEFORE COMMISSION The item before the City Commission is an amendment to an in-lieu of parking agreement to reduce the amount of required off-site parking spaces from 11 to 8 far Atlantic Ocean Club (f/k/a Bob's Famous Bar). BACKGROUND At the City Commission meeting of February 16, 2010, an in-lieu request for 11 spaces for the Atlantic Ocean Club, (flk/a Bob's Famous Bar), located at 217-219 East Atlantic Avenue, was approved. The approval was granted with the "condition that the 11 spaces be provided off-site." The applicant has paid half the $171,600 in-lieu fee, and has submitted an application to construct the 11 spaces at 150 NE 1st Avenue, located at the southwest corner of NE ' 1st Avenue and 1VE 2nd Street. The property is currently vacant, and is zoned OSSHAD (Old School Square Historic Arts District). Asingle-family residence is also proposed on the lot, as stand-alone private parking lots are not permitted in the OSSHAD zoning district. Review of the proposed site plan found that the provision of the 11 spaces in addition to the 2 spaces required for the single-family residence would xequire the applicant to seek relief to various requirements, primarily associated with the location of the spaces (front yard) and their impact of the overall site design. Therefore, the applicant requests that the agreement be amended to reduce the amount of required ofF site parking spaces from 11 to $. While the required number of spaces can be provided {see attached Site Plan A},abetter design would result if the off-site parking requirement was reduced (see attached Site Plan B). The reduction would be accompanied by the provision of 5 on-street parking spaces, in effect providing in excess of the 11 spaces as originally committed. It is noted that the LDRs do not allow the on-street parking spaces to be counted towards meeting the parking space requirements. Further, these spaces are not dedicated for sole use by the single-family residence or the Atlantic Ocean Club restaurant. The property owner also agrees not to seek a refund of S in-lieu spaces httpa/miweb001/Agendas/Bluesheet.aspx?ItemID~3364&MeetinglD=260 5/28/2010 Page 2 of 2 previously approved and paid for in association with the 2005 development {office use) approval for the subject property . REVIE~'~ BY OTHERS At its meeting of May 25, 2010, the Parking Management Advisory Board considered the subject request and recommended approval to reduce the amount of off site parking spaces provided from 11 to $ subject to the construction of 5 on-street spaces as illustrated in "Site Plan B". RECOMMENDATION By motion, recommend approval to amend the in-lieu of parking agreement by reducing the amount of off-site parking spaces to be provided from 11 to 8, as illustrated in Site Plan B, by adopting findings of fact and law, that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in the Land Development Regulations, with final site plan ap~rov~_.....__al__subject to approval by the Historic Preservation Board , htfpa/miweb001/AgendasBluesheet:aspx?ItemID=3364&MeetingID=260 512$12010 ALLEY fJ SW1f•JTClN AVE fd.E. 15T AVC. ` ~ N.E. ZND A'.'E. ~`z ~} .... - 11 SPACES PURCHASED FOR ATLANTIC OCEAN CLUB BY OWNER & 11 ADDITIONAL SPACES AGREED TO BE BUILT BY OWNER - REQUESTING TO REDUCE BUILT SPACES TO 8 SPACES & RELINQUISH THE PREVIOUSLY PURCHASED 5 IN-LIEU SPACES z< w a >_ z ~; ~,_ - ° - WAIVERS NEEDED: ,-, - 5` BACKUP -_ ;; - 60% LOT WIDTH FACADE SET6ACK t-~~>=RAL H~+iY. t - - - FOR LOTS >65' LOCATION MAP OPEN SPACE REQUIRED Z5% N PROVIDED 3$% POLE _. .~[ i • I ~! ~i ~B i ~. i ~~ i i p 1 r . _ ~ _ I .:i' 1 ' ~ . ~ CV .~ i W . Ct z ~ ' 2 i u i ,',E ~. ~: ;r - i i I i t i ~~i .s i I f I ~-- 5 ON STREET PARKING SPACES ' N.E. 1ST AVENUE PROVIDED ~~~~ ; CURRIE 5 SOWARDS SITE PLAN " B" AGUILA ARCHITECTS LHL RESIDENCE CORNER OF N.E. 2ND ST. & N.E. 1ST AVE., DELRAY BEACH, FLORIDA ~N SCALE: 1/ 16" =1'-d" DATE: MAY 25, 2010 •~s ar~z •~•r~ r_' ~ --:- t`, ri a : W ` a ~; ~ n ~. > z z z w .~ ~ J Q ~ o : ~ ~ rv ~ ~~ ~ ~ O C W _ w Z w .y:-. ~~rd ~iir~v}le •3 <; _ MFw ~~C4GA~~WYWfk' ~i ~PkRS31 eswrr~t 'r..w 0 (f] Q U d ~ ~ [] o Q ~ u~ rv (~] ~ V ~ z z z '~' r~ ¢O¢ ~ ~ a ~ ~ ~ ~ ~ fl ~ H Q~ ~cQi~ w ~ ~ Q z F., a `~ in Q O ~~ ~fl O ~ ~+[ Isi ~~ rr~~ ~ ~ ,.-. ~~~ Id ~~~ d 7 O ~. ~ u.~ U 0 Q ~ ~~ ~ a¢ O~r~v N.~. 2NL1 S7R~E'C w u 0 z o Z w ~.ax. _'"..V 4'~ 0 N N lL w 0 w t~ Z 0 0 J LL Z u W m r w n ui Q F .~-i W Z F Z N W Z O w Z K O U Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning. THROUGH: City Manager DATE: May 25, 2010 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMI55ION MEETING OF ,TUNE 12010 ORDINANCE NO. 10-10 (FIRST READINGIFIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION The item before Commission is consideration of Ordinance 10-10 which accepts the recommendations of the Old School Square Historic District resurvey report, including expansion of the Period of Significance {POS) to 1965, and reclassification of 13 properties. BACKGROUND The City hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-IdaPark, Nassau Park, 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 prior 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 survey report, which was reviewed by the City Commission at its workshop on February 10, 2009. All of the recommendations regarding the Period of Signif cance extension and property reclassifications for the Del-Ida Park, Nassau Park, and West Settlers Historic Districts were adopted in 2009; the resurvey report for the Old School Square Historic District has not yet been accepted by the City Commission. In 2009, Ordinance 16-09 was prepared based on the resurvey's findings that the Period of Significance be extended to 1965 and that 23 properties be reclassified to contributing. The Ordinance did not pass on 2nd reading at the City Commission meeting of June 2, 2009, and direction was given to individually poll each property owner directly impacted by the reclassifications. In November 2009, a formal notice was sent to all property owners within the Old School Square Historic District inviting them to a HPB Workshop on December 2, 2009 to review the resurvey, and also to provide additional information about the benefits of historic preservation and the contributing classification. httpa/miweb001/CouncilAgendalBluesheet.aspx?ItemID=3361&MeetingID-260 512$12010 Page 2 of'2 In February 2010, a certified mailing was sent to the 23 property owners which included similar information provided at the Workshop that allowed residents to opt out of being reclassified from non- contributing to contributing. Ten properly owners who did not support the reclassification of their own properly responded and, therefore, those properties are not being reclassified with this action. Based on the returned forms, Ordinance 10-10 has been created which provides for the acceptance of the resurvey report, extension of the POS to 1965, and the reclassification of 13 properties to contributing. Additional recommendations noted in the report are that listing on the National Register of Historic Places (NHRP} be sought for the entire district, and that consideration be given to expand the district's southern boundary to SE/SW 4~h Street. Additional analysis is contained within the attached HPB Staff Report. Ordinance 10-10 also contains three attachments: Attachment A -~ Old School Square Historic District Resurvey Report, Attachment B - Old School Square Historic District property list including dates of construction, architectural styles, and classifications, and Attachment C -List of 13 properties to be reclassified. The recommendation for listing on the National Register of Historic Places will be explored at a later date and, if supported, will be adopted by a separate Ordinance. The recommendation to expand the district may be initiated via the next survey of the district at which time the additional research within the "new" area may be completed. REVIEW SY OTHERS The Historic Preservation Board {HPB) reviewed Ordinance 10-10 at its May 5, 2010 meeting where a recommendation of approval was made, an a vote of 5-0. Ordinance 10-10 provides for the reclassification of 13 of the 23 properties originally included in Ordinance 16-09. Therefore, the Advisory Board recoxnmendatians for Ordinance 16-09 are noted below. The Pineapple Grave Main Street Committee (PGMS) reviewed Ordinance 16-09 at its April 1, 2009 meeting where a recammendatian,of approval was made. The Downtown Development Authority (DDA} reviewed Ordinance 16-09 at its April 13, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their classif cation as non-contributing be granted that request. The Community Redevelopment Agency (CRA) reviewed Ordinance 16-09 at its April 16, 2009 meeting where a recommendation of approval ,was made with the condition that those property owners who would like to maintain their classification as non-contributing be granted that request. RECOMMENDATION Approve Ordinance 10-10, fox the adoption of the resurvey report including the expanded Period of Significance to 1965, and reclassification of 13 properties. htlp://miweb001/CouncilAgendaBluesheet.aspx?1temID=3361&MeetingID=260 5/28/2010 ORDINANCE NO 10-10 AN ORDINANCE OF THE QTY C011MRSSION OF THE QTY OF DELRAY BEACH, FLORIDA., PROVIDING FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL SQUARE HISTORIC DISTRICT` INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECTASSIFYING 13 PROPERTIES FROM NON CONTRIBUTING TO CONTRIBUTING, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City retained RJ I Iesenbottle Architects, Inc., to restuvey the Old School Square Hstoric District and the City Commi~.~ion accepts the survey recon~ndations to extend the Period of Significance, consider extending the district southward to SE 4~' Street, and seek listing of the district on the National Register of Historic Places; and, WHEREAS, the Old School Sgt~re 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 1898 to 1943; and, WI-IEREAS, Rj Heisenbottle Architects, Inc. resurveyed the Old School Sc~aai~ Historic District and those properties ori~ ally classified as contr~uting far contint~d significance and maintenance of historic integrity; and, WHEREAS, RJ Heisenbottle Architects, Inc. resurveyed the Old School Squaa~e Historic District and those properties originally classified as non contributing for current significance and recommends that the Period of Significance be extended through 1965; and, WHEREAS, the 01d School Square Hstoric District was originally significant for its collection of architecture representative of the period from. as early as 1$98 through to 1943, acrd is currently significant for its collection of architecture representative of the period from 1944 -1965. WHEREAS, thirteen properties meet the eligibility criteria for contributing status, attributed to the newer resources built from 1945 to 1958, as these buildings have had minimal alterations, or their alterations are reversible, and/or were completed in an appropriate and compatible manner coi~.sisterrt with the Secretary of the Interior's Standards for Rehabilitation; anc~ WHEREAS, the Old School Squaa.~ Historic District was originally and is currently significant under the Secretary of the Interiors Criterion A for significance due to associations with events that have made a significant contribution to the broad pattern of the City's history as it represents the initial footprint for settleri~ent and developa~nt of Delray Beach, with structures existing as early as the late 1890's, contains the Old School Square and Sandy House which are listed on the National Register of Historic Places, represents the 1920s Land Boam and 1930s settlement following the Land Boom and includes post Warld War II growth from the 1940s through the 1960s; and, WHEREAS, the Old School Square Historic District was originally and is currently significant under the Secretary of the Interiors Criterion B for significance due to associations with people significant to the City, such as John Shaw Sundy, Delxa~s first mayor, one of the early investors was Frederick Henry Lixtl~ Reverend John R. Cason, the Methodist Church 1Vfin-Ester and Delray Beach pioneer; and, WHEREAS, the Old School Square Historic District was ori~ ally and is cLnrently significant under the Secretary of the Interiors Criterion C far significance as it embodies one or more distinctive architectural styles or types such as the NFss~ion, Queen Anne, French Colonial, Mediterranean Revival, Bungalow, Amexican Four Squaa.~, Monterey, Neo-Mediterranean, Nfrniznal Traditional, Masonry and Frame Vernacular, Ranch, Art Deco/Moderrte, Bauhaus, and International, with structures designed by renown Architect Samuel Ogren, Sr.; and, WI-AREAS, Section 4.5.1 of the Land Development Regulations of the Cade of Ordinances of the City of Delray Beach provides for the change of historic classification of historic sites and districts; ancly WHEREAS; RJ Heisenbottle Archifects, Inc. recommends that the City consider extending the district's southern boundary to SW 4~` Street, as there xnay be additional resources south of the tmn~arked boundary; ~ WHEREAS, RJ Heiseribol-tle Architects, Inc. found that the City should seek listing of the Old School Square 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 Old School Square Historic District on May 5, 2010 and voted 5 to 0 to recommend approval to accept the Final Resurvey Report and its recomrrendations including the changes of historic cla~sifi.cation for 13 properties within the 01d School Square Historic District; and WI-AREAS, the City Commi~~ion of the City of Delray Beach adopts the findings in the Final Resurvey Report for the Old School Square Historic District; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Historic Preservation Board Staff Report dated May 5, 2010; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS the City Coxnrniss~ion 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 Old School Square Historic District. NOW THEREFORE BE IT ORDAINED BY THE CITY COMIVI1SS10N OF THE C1TY OF DELRAY BEACH FLORIDAAS FOLLOWS: Section 1. That the recitations set forth above are incorporated hereixi~. Section 2 That the Final Resurvey Report for the Old School Square Historic District is included as Attachn~nt A. Ord No. 14-14 Section 3 That the Period of Significance is extended to 1965. Section 4 That a complete classification list of the Old School Square Historic District is included as Attaclux~nt B. Section 5 That the properties listed in Attaclune~rit C are hereby classified as contributing and in accordance with and under the provisions of Section 4.5.1 of the Land Developn~nt Regulations of the City of Delray Beach, Florida Section 6 That all ordinances or parts of ordinances in conflict .herewith be and the sazx~ are hereby repealed Section 7 That should any section or provision of this ordinance or any portion thereof any paragraph, sentence or ~wrd be declared by a court of competea-~t jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole ar part thereof other than the part declared to be invalid Section 8 That this orduiaxzce shall become effective irrm~ediately upon passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the 1~ day of June, 2010. MAYOR ATTEST: City Clerk First Rea ' Second Reading Ord No. 10-10 CITY OF DELRAY BEACH RESURVEY OF FOUR LOCAL REGISTER HISTORIC DISTRICTS ~~ F ~~~~~ ~~ ru ~~~~~. ~ ~;~ ~ ~~ .~ OLD SCHOOL SQUARE HISTORIC DISTRICT Prepared by: R.J. HEISENBQTTLE ARCHITECTS, P.A. N©vember 20, 2008 OLD SCHOOL SQUARE 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 District. RJHA's task will be to prepare individual Survey Reports for each of the four historic districts. These survey reports will include 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 farms fox previously unrecorded structures • Prepare maps and photographs for all sites within the district. To date, RJHA has completed work on the Nassau Park Historic District Historic Survey Report, submitted in final form on September 30, 2008. This Historic Survey Report on the Old School Square Historic District (OSSHD} will provide information on those items outlined above, based on field work, research conducted on building permits and Sanborn map records available at the Delray Beach Planning and Zoning Department, any historical research conducted at the Delray Beach Historical Society. The first item identified above, "Historical overview of the district" will use the information previously contained in the GAl Consultants' report prepared in 2005, as reference, based on the following justification. The City of Delray Beach contracted with GAl Consultants, Inc. in 2005 to conduct the Old School Square Historic Arts Resources Survey. The Final Report of that survey, dated June 30, 2005, defines the project's purpose as to xecord "all contributing and non-contributing buildings and structures within the district boundary, to identify and update documentation on the architectural resources, and to evaluate or re-evaluate resources for individual eligibility and eligibility as contributors to the historic district, for both local designation and National Register of Historic Places (NRHP} listing". Given the relatively recent completion date of the 2005 GAl Report and the excellent and thorough quality of the documentation, research and writing contained therein, it would be duplicative far our report to prepare new narratives for the historical and architectural development sections. Therefore, RJHA.'s OSSHD_ Historic Survey Report will specifically cite Section 4 (Architectural Styles and Types), and Section 5 (Historical Overview} of the GAI Consultants' Final Report as reference rather than trying to rewrite the entire section. 2 RJHA's Old School Square Historic District Historic Survey Report tivill concentrate on an assessment and redefinition of the Period of Significance used far evaluating such structures. Based on this evaluation, on our field work and on our research of local records, our Report will present information and make recommendations on the following: • Extending the Period of Significance for OSSHD. • Re-evaluating contributing and non-contributing structures. • Extending current OSSHD boundaries. • Nomination of individual structures within the district to the National Register of Historic Places. • Historic District nomination of OSSHD to the National Register of Historic Places. In addition, we are providing the following updated information: ~ Anew "Historical Resources List" and "Map of Historical Resources" updating the information contained in the 2D05 GAI Consultants' Final Report. • New photographs of all structures surveyed within the district boundaries, submitted in disk format. • Existing Florida Master Site File forms, updated to reflect any alterations, additions, relocations or demolitions within the district, and new forms prepared for structures previously unrecorded due to their more recent dates of construction, where applicable. BOUNDARIES The Old School- Square Historic District (OSSHD} comprises the oldest and some of the most threatened sections. in the city of Delray Beach, due to its location in the heart of today's downtown area. The district straddles Atlantic Avenue, the city's "Main Street", to the north and south. Its specific boundaries are: Lake Ida Road and N.E. 4t'' Street to the north, N.E. and S.E. 1St Avenue to the east, S.E. and S.W. 2"d Street to the south, and S.E. and N.E. 1 Avenue to the west (See District Map). Based on visual inspection of the district boundaries, it becomes difficult to ascertain or justify the present southern terminus for the district along South Swinton Avenue. There are no physical changes, whether natural or man-made, defining the southern boundary of the district and the building stock does not change significantly once one crosses that imaginary line. This is particularly evident along South Swinton Avenue, where one is hard pressed to find a difference in the neighborhood fabric between the 100 block and the 200 or 300 blocks. Along S.W. 1St Avenue, however, a higher number ofnon-contributing structures mixed in with the contributing structures maybe discerned south of S. W. 2"a Street, while S.E. 1St Avenue has significantly Lost its contributing building stock beyond the current southern district boundary. 3 It is our reconam~endation that the City of Delray Beach consider extending the boundary of OSSHD beyond its present S.W. 2~a Street southern limit to S.W. 4~h Street. The City should also study the same two block southern extension along S.W. I5t Avenue, although the justification does not appear t© be as strong as for S. Swinton Avenue. CONTEXT OSSHD, designated as a Local Register Historic District in 1988, contains the earliest standing and some of the most recently constructed structures in the city of Delray Beach. Rather than a homogeneous area in its chronology or architectural typology, OSSHD presents a glimpse of the historical continuum of the community. Within its boundaries are found buildings from every decade since the 1890s, and from a wide array of architectural styles, including vernacular structures, Queen Anne and Bahamian influenced ones, Bungalows, Mission, Mediterranean Revival, Art Deco/Moderne, Minimal Traditional, and even some International Style inspired structures. Their uses throughout the years have included residential, commercial, offices, institutional, religious, governmental, recreational, educational and cultural functions. It is this layering and variety of building types and uses that provide the basis for the district's significance. Today many of the early residential structures have been converted to light commercial and office uses, thus affording them an opportunity to survive amidst the development pressures of their current urban environment. The newly found niche of these historical resources within a modern context has also brought about a renaissance fox many of them, as their conversion to commercial and office uses have brought along substantial rehabilitation, for the most part sympathetic, of their historic fabric. PERIOD OF SIGNIFICANCE One of the objectives of the Delray Bead. "Resurvey`of Four Local Register Historic Districts" project is to assess the feasibility of expanding the current Period of Significance when considering eligibility of structures for listing as "contributing" within the designated historic district. Structures thirty five {3S) years or older will be recorded in the Florida Master Site File, so that the information contained in the State's database will be not only current but actually ahead of the generally accepted SO year threshold for historic consideration. This does not paean that structures that are 3S to SO years old will automatically be deemed contributing, but rather they will be reviewed on a case-by-case basis for possible eligibility. In observing the development patterns of the Old School Square Historic District it becomes apparent that there is a construction gap between the 1960s and 1990s when few if any new structures were built within the district. The attached "List of Surveyed Resources" shows the date of construction of the most recent structures taming under the purview of this report to be around 19SS, which indicates the surge in construction activity immediately following the end of World War II. Field inspection of the district did not identify additional structures being built between 1955 and the mid 1990s to the early part of the 2040 decade. Existing structures did undergo alterations and in some cases additions, but the level of construction activity was relatively low during this period. This reflects the general development trend of most communities at this time, when the post World War II development movement was away from the city's center and into the suburbs. Thus development activity in OSSHD's residential enclaves, located in the heart of the city and dating as far back as the turn of the twentieth century, languished during the latter part of the century. This shift is clearly attributable to a new influx from corporate headquarters and manufacturing facilities that relocated to Delray Beach in the 1960s and 1970s, and made their homes in the new suburban residential developments to the west. 4 The currently established Period of Significance for OSSHD extends to 1945, just at the end of World War II. In terms of historical and architectural development, it is difficult to justify this date {other than the fact that at the time it was established, it was based on the 50 year threshold for determining historical significance) since rt ignores the construction surge that followed the post-war years. The GAI Consultants' 2005 Final Re ort identified 23 new structures built between 1945 and 1955. This is not counting alterations to existing structures and other construction activities during the same post-war time years. Based on the number of structures built within that time period, extending the present Period of Significance to 1960 would cover new construction and alterations that will be 50 years old in less than 2 years from the date of this study, namely in 2010. It therefore seems appropriate to extend the Period of Significance an additional 5 years, to 1965, in order to provide a comfortable margin to include any construction activity, including alterations or additions that will acquire the 50 threshold using this time frame. Based on the above information, it is our recommendation to extend the Period of Significance to 1965. RE-EVALUATION OF CONTRIBUTING STRUCTURES This report has updated and re-evaluated the "List of Surveyed Resources" presented in 2005 as part of the GAI Consultants' Report, based on our recommendation to extend the Period of Significance to 1965. Of the 144 structures originally listed within OSS1ID in the 2005 Report, 52 were identified as individually eligible for Local Register listing. Since these structures are already locally designated within OSSHD, our approach was to identify structures as either "Contributing" or "Non-Contributing" within the district, rather evaluating them for individual eligibility. The Endings of our study reveal the following salient points: • 122 structures have been identified as "Contributing" to the district. • 15 structures have been identified as "Non-Contributing" to the district. • 6 structures have been demolished since the time of the 2005 GAI Consultants Report (See attached List of Surveyed Resources for identification). A total of 17 structures previously listed on the FMSF have been demolished. • 2 structures, currently located at 114 N.E. 1 Avenue, were moved into the district from its original location at 350-362 N.E. S Avenue. • 1 structure, currently located at 111 N. Swinton Avenue, was moved into the district from its original location at 124 N.E. S Avenue. • No previously unrecorded structures 3S years or older that would be eligible for inclusion in the Florida Master Site File were identified within the district. NATIONAL REGISTER ELIGIBILITY The Old School Square Historic District is potentially eligible far nomination to the National Register of Historic Places as an historic district. There are also a number of structures potentially eligible for individual National Register listing, previously identified in the GAI Consultants' Report. However, the current level of research and documentation would not be suff cient to carry forth successful district or individual nominations. Association with the lives of persons significant to our past at the local, state ox national level is identified under Criterion B for National Register listing. Additional research is needed to substantiate historical significance under this criterion. Similarly, additional documentation is needed to identify the architects who designed those buildings in order to justify listing under Criterion C for architectural significance. S iven the limited amount of information readily available on individual structures, it is difficult to make an accurate assessment or recommendation on potential eligibility for individual National Register listings at this time. Any current eligibility assessment is mostly based on date of construction and visual architectural.. significance. It is recommended that the City of Delray Beach consider funding a project to undertake the necessary research and documentation leading to the preparation of a National Register historic district nomination proposal for OSSHD, or to nominating additional individual properties for National Register listing. FLORIDA MASTER SITE FILES Existing information on the FMSF forms has been updated to reflect alterations, relocations, additions or demolitions to previously recorded structures. These updates have been provided as annotations to existing local files containing FMSF forms and not officially entered as updates to the State forms. Likewise, existing "Surveyor's Evaluation of Site" categories in the FMSF form, identifying potential eligibility for local or National Register listing has been updated based on our recommendation to extend the date of the Period of Significance and on the fact that many of the structures have acquired the generally accepted 50 year significance threshold since the time the initial FMSF forms were prepared and evaluated. A total of 17 structures previously recorded on the FMSF, on file at the City's Planning and Zoning Department, have been demolished. Those FMSF forms have been annotated to show the structures' demolition and will be reincorporated into the City's files. CONCLUSIONS AND RECOMMENDATIONS The field work conducted while undertaking the resurvey of the Old School Square Historic District has shed some interesting light on the dynamics and impact of historic district designation on one of Delray Beach's oldest, most architecturally diverse and most attractive areas for new development: • The number of demolished structures has been relatively low, considering the development pressure on the area. • The alterations and additions have been for the most part sympathetic, a credit to the City's staff in enforcing the regulatory process contained in the ordinance that designated OSS1=ID as an historic district. • The rehabilitation and reuse of historic structures within the district are a credit to the City's foresight in using historic district designation and zoning overlays as tools to accomplish historic preservation goals. • The overall image of the today's emerging Delray Beach is one of compatibility and sensitivity in scale and design between the old and the new. -The consciousness and controls that historic district designation have brought about in the midst of such evident development pressures are admirable efforts. 6 In summary, we offer the following recamrnendations as part of this OSSHD Report: • The City of Delray Beach should extend the Period of Significance for OSSHD to 1965. This will include the structures built duxing the period of construction activity following the post World War II era. The City of Delray Beach should consider extending the boundary of OSSHD beyond its present S.W. 2"~ Street southern limit to S.W. 4t~ Street along South Swinton Avenue. The City should also study the same two block southern extension along S. W. 1St Avenue, although the justif cation does not appear to be as strong as for South Swinton Avenue. The GAI Consultants' Report of 2005 recommended certain boundary adjustments for a possible National Register historic district nomination to exclude empty lots and new construction along the east side of N.W. and S.W. 1St Avenue and the parking lot directly east of the Old School Square complex along N.E. 1St Avenue. We concur with the recommendation to exclude the new construction intrusions along N.W. and S. W. 1St Avenue, since this redrawing of boundaries strengthens the density of contributing structures within the district. However, we believe that if the recommendation is extended to the local district designation to exclude empty lots at the northwest corner of the district along the 200 block of N.W. 1St Avenue and the parking lot east of Old School Square complex, this would need further review and consideration. While the same argument can be made that these reductions in boundaries strengthen the density of contributing structures, it is nonetheless beneficial at the local level to be able to have some control and review over future infi11 construction in these lots, since visually the continuity or lack thereof remains the same whether the boundary is modified or not.The Old School Square Historic District at first blush appears to have sufficient historical and architectural significance to be potentially eligible for historic district nomination to the National Register of Historic Places. Similarly, there are a number of structures that appear potentially eligible for individual nomination to the National Register. • The City of Delray Beach should consider funding a project to undertake the necessary research and documentation leading to the preparation of a National Register historic district nomination proposal for OSSHD, or to nominating additional individual properties for National Register listing. SOURCES • Florida Master Site Files. Delray Beach. • Historic Sites Files. City of Delray Beach Planning Department. • Delray Beach Historic Sites Survey. By John P. Johnson. Historic Palm Beach County Preservation Board. July 1987. • Delray Beach Property Appraiser's Records. • Delray Beach Historical Society files. • OId School Square Historic Resources Survey. Final Report. GAI Consultants, Inc. June 30, 2005. • City of Delray Beach. Historic Resources Report. Janus Research. July 1999. • City of Delray Beach. Historic Resources, Survey. Phase II. Janus Research. 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A ~ R k M1 E I~ ~~ ~~ _~~: ~,~~ ~~ t~Lp scxoo~ ~~~~ ~a-~uc ~~~ ns~r~c~r ~~~~d~~ n~~~ R.d..f~.tl'.~FN~t1'!'1°~.~ ARiCHI`~~c."C~, ~.A, rxrrrrxe anr~+ru~xr ut"t>tvsexcxFx sgt~a~ ~Il ~IIIF IM4w.1 ~~ Flt.FR?It(C.[itTS £f~47RYG7 Q Ordinance 10-'10 Attachment B Old School Square Historic District Property Classification List Address Ctassificatiorr Year Built Styte 10 North Swinton Avenue Non-Contributin 1951 Mason Vernacular 20 North Swinton Avenue Contributin 1935 Montere 24 North Swinton Avenue Contributin 1925 Bun slow 46 North Swinton Avenue Contributin 1922 Bun slow 51 North Swinton Avenue- Contributin 1913 Mason Vernacular 51 North Swinton Avenue Contributin 1926 Mediterranean Revival 51 North Swinton Avenue Contributin 1926 Mediterranean Revival 51 North Swinton Avenue Contributin 2002 Neo-Mediterranean 52 North Swinton Avenue Contributin 1922 Bun slow 102 North Swinton Avenue Contributin 1898 Frame Vernacular 148 North Swinton Avenue Contributin 1925 Bun slow 112 North Swinton Avenue Contributin 1935 Minimal Traditional 119 North Swinton Avenue Contributin 1924 Frame Vernacular 120 North Swinton Avenue Contributin 1920 Bun slow 124 North Swinton Avenue Contributin 1915 American Four S uare 125 North Swinton Avenue Contributin 1925 Frame Vernacular 131 North Swinton Avenue Contributin 1940 Frame Vernacular 132 North Swinton Avenue Contributin 1925 Mission 137 North Swinton Avenue Contributin 1939 Minimal Traditional 138 North Swinton Arienue Contributin 1937 Minimal Traditional 145 North Swinton Avenue Contributin 1938 Minimal Traditional 202 North Swinton Avenue Contributin 1930 Frame Vernacular . 209 North Swinton Avenue Contributin 1925 Mission 214 North Swinton Avenue Contributin 1920 Frame Vernacular 215-217 North Swinton Avenue Non-Contributin 1950 Masan Vernacular 219-221 North Swinton Avenue Non-Contributin 1955 Mason Vernacular 220 North Swinton Avenue Contributin 1940 Frame Vernacular 226 North Swinton Avenue Contributin 1920 Mission 227 North Swinton Avenue Contributin 1950 Frame Vernacular 234 North Swinton Avenue Contributin 1920 Frame Vernacular 242 North Swinton Avenue Contributin 1941 Mason Vernacular 246 North Swinton Avenue Contributin 1941 Minimal Traditional 255 North Swinton Avenue Non-Contributin 1945 Frame Vernacular 275 North Swinton Avenue Contributin 1926 Frame Vernacular 300 North Swinton Avenue Non-Contributin 1998 Vernacular 303 North Swinton Avenue Contributin 1924 Mediterranean Revival 305 North Swinton Avenue Contributin 1913 Frame Vernacular 306 North Swinton Avenue Non-Contributin 1998 Vernacular 310 North Swinton Avenue Contributin 1930 Frame Vernacular 312 North Swinton Avenue Contributin 1930 Frame Vernacular 314 North Swinton Avenue Non-Contributin 1947 Mason Vernacular 317 North Swinton Avenue Contributin 1950 Mason Vernacular 321 North Swinton Avenue Contributin 1930 Frame Vernacular 333 North Swinton Avenue Contributin 1946 Mason Vernacular 337 North Swinton Avenue Non-Contributin 1945 Frame Vernacular 114 Ordinance 10-10 Attachment B Old School Square Historic District Property Classification List Address Classification Year BUllt Style 353 North Swinton Avenue Contributin 1948 Masan Vernacular 14-16 South Swinton Avenue Contributin 190D Queen Anne 19 South Swinton Avenue Contributin 1940 Minimal Traditional 20 South Swinton Avenue Contributin 1925 Bun slaw 23 South Swinton Avenue Contributin 1938 Frame Vernacular 27 South Swinton Avenue Contributin 1950 Frame Vernacular 31 South Swinton Avenue Contributin 1937 Frame Vernacular 35 South Swinton Avenue Contributin 1938 Frame Vernacular 38 South Swinton Avenue Contributin 1903 French Colonial 38 'h South Swinton Avenue Contributin 1940 Frame Vernacular 40 South Swinton Avenue Contributin 1925 Bun aloes 43 South Swinton Avenue Contributin 1941 Frame Vernacular 44 South Swinton Avenue Contributin 1930 Frame Vernacular 106 South Swinton Avenue Contributin 1902 Queen Anne 115 South Swinton Avenue Non-Contributin 1955 Mason Vernacular 119 South Swinton Avenue Contributin 1948 Frame Vernacular 123 South Swinton Avenue Contributin 1947 Frame Vernacular 125 South Swinton Avenue Contributin 1922 Frame Vernacular 129 South Swinton Avenue Non-Contributin 1955 Mason Vernacular 143 South Swinton Avenue Contributin 1925 Bun slow 188 South Swinton Avenue Contributin 1920 Gothic Revival 102 NE 1St Avenue Contributin 1925 Frame Vernacular 112 NE 1St Avenue Contributin 1925 Frame Vernacular 114 NE 1S Avenue. Contributin 1921 Frame Vernacular 114 NE 1St Avenue Contributin 1922 Frame Vernacular 114 NE 15 Avenue Contributin 1941 Bun aloes 120 NE 1S Avenue Contributin 1925 Mission 123 NE 1S Avenue Contributin 1923 Bun aloes 125-127'/2 NE 1S Avenue Contributin 1937 Frame Vernacular 131 NE 1S Avenue Non-Contributin 1958 Mason Vernacular 134 NE 1St Avenue Contributin 1935 Frame Vernacular 138 NE 1S Avenue Contributin 1931 Mission 201 NE 1St Avenue Contributin 1938 Frame Vernacular 203 NE 1S Avenue Contributin 1938 Frame Vernacular 211 NE 1S'Avenue . Contributin 1938 Frame Vernacular 212-214 NE 15 Avenue Non-Contributin 1955 Mason Vernacular 215 NE 1St Avenue Contributin 1938 Frame Vernacular 218 NE 1S Avenue Contributin 1922 Mission 219 NE 1S Avenue. Contributin 1938 Frame Vernacular 223 NE 1S Avenue Contributin 1938 Frame Vernacular 226 NE 15 Avenue Contributin 1922 Mediterranean Revival 227 NE 1S Avenue Contributin 1938 Frame Vernacular 231 NE 15 Avenue Contributin 1938 Frame Vernacular 234 NE 1St Avenue Contributin 1922 Mediterranean Revival 235 NE 15 Avenue Contributin 1938 Frame Vernacular 2/4 Ordinance 10-10 Attachment B Old School Square Historic District Property Classification List Address Classification Year Built Style 238 NE 1St Avenue Contributin 1925 Mediterranean Revival 239 NE 1St Avenue Contributin 1938 Frame Vernacular 247 NE 1St Avenue Contributin 1938 Frame Vernacular 248 NE 1S Avenue Contributin 1925 Mediterranean Revival 302 NE 1St Avenue Contributin 1945 Frame Vernacular 304-306 NE 15 Avenue Non-Contributin 1955 Mason Vernacular 310 NE 15 Avenue Cantributin 1940 Frame Vernacular 314 NE 15 Avenue Contributin 1937 Minimal Traditional 318-320 NE 1St Avenue Non-Contributin 1955 Mason Vernacular 326 NE 1St Avenue Non-Contributin 1945 Frame Vernacular 330 NE 1S Avenue Contributin 1924 Frame Vernacular 334 NE 1St Avenue Contributin 1907 Frame Vernacular 342 NE 15 Avenue Contributin 1946 Minimal Traditional 348 NE 1St Avenue Contributin 1925 Frame Vernacular 354 NE 1S Avenue Contributin 1925 Mission 131 NW 1St Avenue Contributin 1935 Mediterranean Revival 137 NW 15 Avenue Contributin 1925 Bun alaw 211 NW 1St Avenue Non-Contributin 1955 Ranch 215 NW 15 Avenue Contributin 1925 Frame Vernacular 225-227 NW 15 Avenue Non-Contributin 1955 Mason Vernacular 231 NW 15 Avenue Non-Contributin 1950 Masan Vernacular 235 NW 15 Avenue Contributin 1950 Mason Vernacular 239 NW 1S Avenue Contributin 1925 Frame Vernacular 241 NW 1St Avenue Non-Contributin 1955 Mason Vernacular 3 NE 1S Street Contributin 1926 Bun alaw 5 NE 1St Street Cantributin 1926 Bun slow NE 15 Street Non-Contributin 2007 Parkin Gara e 5 NE 2" Street Contributin 1925 Frame Vernacular 9 NE 2" Street Contributin 1925 Frame Vernacular 21 NW 2" Street Non-Contributin 1950 Frame Vernacular 20 NW 3 Street Non-Contributin 1955 Mason Vernacular 12 SE 1St Avenue Non-Contributin 2007 Vernacular 22 SE 15 Avenue Non-Contributin 2D07 Parkin Gara e 30 SE 1St Avenue Nan-Cantributin 2006 Parkin Lot 36 SE 15 Avenue Cantributin 1925 Frame Vernacular 48 SE 1St Avenue Contributin 1955 Mason Vernacular 102 SE 15 Avenue Contributin 1928 Frame Vernacular 122 SE 1St Avenue Non-Contributin 1955 Mason Vernacular 130 SE 1S Avenue Contributin 1930 Mason Vernacular 134 SE 15 Avenue Contributin 1924 Frame Vernacular 10 SE 15 Street Contributin 1939 Frame Vernacular 14 5E 1St Street Cantributin 1935 Minimal Traditional 18 SE 1St Street Contributin 1930 Mission 18'/2 SE 1St Street Contributin 1955 Frame Vernacular 15 SW 2" Street Contributin 1950 Mason Vernacular 314 Ordinance 10-10 Attachment B Old School Square Historic District Property Classification List Address Classification Year Built Style 35 '/z SW 1 S Avenue Contrbutin 1925 Frame Vernacular 101 SW 1St Avenue Contributin 1930 Frame Vernacular 105 SW 15 Avenue Contributin 1930 Frame Vernacular 109 SW 15 Avenue Contributin 1930 Frame Vernacular 13-19 SE 2" Street Non-Contributin 1955 Mason Vernacular 2 East Atlantic Avenue Contributin 1913 Mason Vernacular 8 East Atlantic Avenue Non-Contributin 1950 Mason Vernacular 16 East Atlantic Avenue Non-Contributin 9945 Art DecolModerne 32 East Atlantic Avenue Nort-Contributin 1948 Bauhaus 38 East Atlantic Avenue Non-Contributin 1955 Mason Vernacular 40-44 East Atlantic Avenue Contributin 1925 Mason Vernacular 414 Ordinance 10-1D Attachment C Old School Square Historic l]istrict Property Reclassification List Address Classification Year Built Style 227 North Swinton Avenue Contributin 1950 Frame Vernacular 317 North Swinton Avenue Contributin 1950 Mason Vernacular 333 North Swinton Avenue Contributin 1945 Mason Vernacular 353 North Swinton Avenue Contributin 1948 Mason Vernacular 27 South Swinton Avenue Contributin 1950 f=rame Vernacular 119 South Swinton Avenue Contributin 1948 f=rame Vernacular 123 South Swinton Avenue Contributin 1947 Frame Vernacular 302 NE 1St Avenue Contributin 1945 Frame Vernacular 342 NE 1S Avenue Contributin 1946 Minimal Traditional 235 NW 15 Avenue Contributin 1950 Masan Vernacular 48 SE 1S Avenue Contributin 1955 Masan Vernacular 18'/~ SE 15 Street Contributin 1955 Frame Vernacular 15 SW 2n Street Contributin 1950 Mason Vernacular 111 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT MEETING OF: May 5, 2010 ITEM: CONSIDERATION OF ORDINANCE 10-10 FOR THE ACCEPTANCE OF THE RESURVEY REPORT OF OLD SCHOOL. SQUARE HISTORIC DISTRICT INCLUDING EXTENDING THE PERIOD OF SIGNIFICANCE TO 1965 AND RECLASSIFYING 13 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 10-10 that provides for the adoption of the resurvey report of Old School Square Historic District (OSSHD) including extension of the Period of Significance (POS) to 1965, and reclassification of 13 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 (O}, Procedures for Change of Historic Classification. BACKGROUND The City- hired RJ Heisenbottle Architects, Inc. to conduct a survey of the Del-Ida Park, Nassau Park, 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 survey report, which was reviewed by the City Commission at its workshop on February 10, 2009. All of the recommendations regarding the Period of Significance extension and property reclassifications for the Del-Ida Park, Nassau Park, and West Settlers Historic Districts were adopted in 2009; the resurvey report far the Old School Square Historic District has not yet been accepted by the City Commission. In 2009, Ordinance 16-09 was prepared based on the resurvey`s findings that the POS be extended to 1965 and that 23 properties be reclassified to contributing. The Ordinance did not pass on 2"d reading at the City Commission meeting of June 2, 2009, and direction was given to individually poll each property owner directly impacted by the reclassifications. In November 2009, a formal notice was sent to all property owners within the Old School Square Historic District inviting them to a HPB Workshop to review the resurvey, and also to provide additional information about the benefits of historic preservation and the contributing classification. In February 2410, a certified mailing was sent to the 23 property owners which included similar information provided at the Workshop, as well as a "Property Owner Reclassification Form" to indicate their support of the reclassification, along with an explanation for either their support or lack thereof. A return self-addressed, stamped envelope was provided to each property owner to ensure that the form would be returned. Based on the returned forms, Ordinance 10-10 has been created which provides far the acceptance of the resurvey report, extension of the POS to 1965, and the reclassification of 13 properties to C~rdir~~nc~ 'i~-~~; QI~3 coo( Square Wisfio~ic ~i~tric4 R~surv~y i~~'~ ~11~~:t€ng ray ~, 2~~~; Rage ~ a~6 contributing. Additional recommendations noted in the report are that listing on the National Register of Historic Places be sought for the entire district, and that consideration be given to expand the district's southern boundary to SEISW 4t~' Street. Following are details regarding the Period of .Significance and listing on the National Register of Historic Places: Period of Significance The resurvey report notes that the Old School Square Historic District "comprises the oldest and some of the most threatened sections in the City of Delray Beach, due to its location in the heart of today's downtown area." Further, OSSHD "presents a glimpse of the historical continuum of the community." The recommendation to extend the Period of Significance to 1965 would include the later (eligible} development of 1944 - 1985. This developmen# period highlights the ongoing Post World War II development trends. The cut-off date is noted as such to correspond with the "construction gap between the 1960s and 1994s when few if any new structures were built within the district". National Register of Historic P[aces_(NRHP} t_isting 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 far 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 advertisement will be provided, at which time property owners will have the opportunity to formally support or object to the listing. Boundart' Expansion The final survey report notes that "it becomes difficult to ascertain or justify the present southern terminus...along South Swinton Avenue...there are no physical changes,...and the building stock does not change significantly once one crosses that imaginary (boundary) fine." The survey report recommends that the City consider extending the boundary south to SVIJ 4t" Street. It is noted that further study is required for the extension, and this action will nat occur via adoption of the subject Ordinance. Ordinance Attachments Ordinance 10-10 includes Attachment A, the Final Survey Report for the Old Schoo! Square Historic District, and Attachment B, which notes each property and its date of construction, historic classification, and architectural style. It should be noted that all of the 23 properties recommended for reclassification to contributing are located within the historic district. The primary difference this creates in review by the HPB is specifically with regard to demolition. Consideration of Ordinance 14-14 is now before the Board for review and recommendation to the City Commission. ~3rdin~r~c~ ~~-~~; (~Id ~c~o~i Sq~aar~ ~'isf~ric i=#i~Erict F~~surv~y P~ Nieefing day 5, 2t?1Q; P~~e 3 of Fi ANALYSIS Pursuant to LDR Section 2.2.6(A}, a Historic Preservation Board for the City of Delray Beach is hereby created. The up rpose of this Board is to foster and promote fhe recognition, protection, enhancement and use of historic resources in the Cify of Delray Beach and to have a lay body which shall have authority to act on matters pertaining to historic preservafian. Pursuant to LDR Section 2.2.6{D)('I}, Duties, Powers, and Responsibilities, fhe Historic Preservation Board shall develo maintain and u date a curve of archaeolo lcal sites ro erfies buildings, structures, and districts of special historic, aesthefia architectural, cultural, or social value_or interest. The Board will endeavor to improve, expand, and make more accurate the survey as additional documents, information, ora! histories, and other such materials may become available, and it will periodically reevaluate the survey. The Board wil! work with the City Historical Sociefy, the State Bureau of Historic Preservation, and other appropriate public and nonprofit organizations in maintaining this survey. Pursuant to LDR Section 2.2.fi(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 ~Id School Square Historic District complies with this requirement. _.___ __ _` LDR Section 4.5.1{N), Criteria-for Change of Historic Classification ('[) A survey of a!1 historic districts may be conducted by fhe 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 aCity-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 4.5.7(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 far change of 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 those 13 properties listed in Exhibit A from noncontributing to contributin ,Therefore, the reclassifications may be reviewed. ~rdin~nce 14_14; 01d ~c~sc~c~~ ~q~ar~ tiistoria Di~trici ~~~rvey ~iw3 ie~Yin ~y 5, 241Ct; P~4~ ~ cif 6 LDR Section 4.5.7(0), Procedures for Change of Historic Designation andlor Classification (2) Procedures for_Change of Historic Classification: Applications to change the historic classification of a property or properties within a historic district shall be made to the Hisforic Preservation Board and maybe initiated by wriffera requesf of.' (a) The Historic Preservation Board based upon the recommendations of aCity-initiated survey completed within five (5) years prior to the application; or (b) The City Commission based upon the recommendations of a City-initiated survey completed within five (5) years prior fo 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 if generally conforms with criteria in LDR Section 4.5.1(N)(1}. The Planning and Zoning Direcfor or his/her designee shall then prepare a report which shall contain the following: (bj Change of Historic Classi#ication: 7. Analysis of the properties fo be reclassified; and 2. A staff recommendation as to whether or not the properties should be reclassified due fo either. a. loss of historic integrity as a result of irreversible alterations fo 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(Nj(1}, and the recommendations have been justified within the report with respect to the expansion of the POS to 1955. The information has been provided and reviewed by Staff and deemed to be complete. The properties recommended for reclassification were developed between 1945 and 1958 and have become a part of the historic Old School Square 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 Old Schaaf Square Historic ^istrict to the NRHP with application preparation assistance provided by residents and interested parties. REVIEW BY OTHERS It is noted that Ordinance 10-10 was not reviewed by the following Advisory Boards as it not contrary to those recommendations made during review of Ordinance 18-09. Ordinance 10-10 provides for the reclassification of 13 of the 23 properties originally included in Ordinance 15-D9. Therefore, the Advisory Board recommendations for Ordinance 16-D9 are noted below. The Pineapple Grove Main Street Committee (PGMS) reviewed Ordinance 16-09 at its April 1, 2009 meeting where a recommendation of approval was made. The Downtown Development Authority (DDAj reviewed Ordinance 15-D9 at its-April 13, 2009 meeting where a recommendation of approval was_ made with the condition that those property owners who would like to maintain their classification as,,... non-contributintl_,be granted that request. C3rdir~~n~e ~U-gyp; t)I~ 5ci`Sa~l square ~tist~iri~ district F?~st~ruey ~dF~ ile~tinq Niay ~, ~t1~b; Page ~ at ~ The Community Redevelopment Agency {CRA) reviewed Ordinance 16-09 at its April 16, 2009 meeting where a recommendation of approval was made with the condition that those property owners who would like to maintain their ciassification as non-contributing be granted that request. RECOMMENDATION Recommend approval to the City Commission of Ordinance 10-10 providing for the extension of the Period of Significance to 1965, and reclassification of 13 properties from non-contributing to contributing. Prepared by: Amy E. Alvarez, Historic Preservation Planner Affachmenfs: • Exhibit A -Recommended Reclassificafions • Ordinance 10-10 and Attachments A and B C~rdir~ar~c~ ifl-~~t; t~Ed ~ct~~al ~q~~zr~ ii'sst~ric ~isirici ~esurv~y }~P8 ~e~ing day 5, :Lfl~C~: ~'~~~ G c~~ ~ EXHIBIT A -RECLASSIFIED PROPERTY LIST Address Year St le 227 North Swinton Avenue 1950 Frame Vernacular 317 North Swinton Avenue 1950 Masonry Vernacular 333 North Swinton Avenue 1946 Masonr Vernacular 353 North Swinton Avenue 1948 Masonry Vernacular 27 South Swinton Avenue 1950 Frame Vernacular 119 South Swinton Avenue 1948 Frame Vernacular 123 South Swinton Avenue 1947 Frame Vernacular 302 NE 15 Avenue 1945 Frame Vernacular 342 NE 1S Avenue 1946 Minimal Traditional 235 NW 15 Avenue 1950 Masonr Vernacular 48 SE 1$ Avenue 1955 Masonry Vernacular 18 '/2 5E 1 S Street 1955 Frame Vernacular 15 SW 2" Street 1950 Mason Vernacular Page 1 of 2 FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David T. Harden; City Manager DATE: May 19, 20].0 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JUNE 1, 201p RESOLUTION N0.31-10/CONTRACT I'OR SALE AND PURCHASEILOLA JONES/118 S.W. 6TH STREET ITEM BEFORE COMMISSION Consider an offer to acquire real property next to the Water Treatment Plant at 118 SW 6th Street for the purchase price of $82,500. BACKGROUND Over the last decade, the Environmental Services Department has had to expand its resources to meet the services it provides residents. Over the years, Fleet Maintenance has expanded its maintenance operations, Utility Maintenance has expanded its fleet of portable trailer mounted generators to ensure utility services in case of emergencies, our Water Treatment Plant operations require storage of more chemicals, and Public Works requires greater storage capacity for special event related items. In addition, the City's in-house Construction Division is staged out of this compound; this operation was formerly based out of the Lake Ida Shop, currently the Crossroads Foundation. To accommodate our needs, several new building have been constructed over the years; ChemicallGenerator Storage Building, expansion of the Parks & Recreation Vehicle Storage Bays, Fire Apparatus Maintenance Building, and the ESD Administration Building, which allowed the creation of a climate controlled storage area for Public Works. Most recently, an additional service entrance drive was constructed off of Swinton Avenue to accommodate the larger vehicles used by Fire Rescue and Utility Maintenance, as well as to facilitate a safer traffic pattern within the complex. Even with all the improvement made over the past few years, we are still space limited by our site area. In mid March 2010, staff was notified that a parcel adjacent to the Water Treatment Plant, specifically 118 SW 6th Street, was for sale, listed at $94,500. The property is situated directly east of the Chemical Storage Building's parking lot, at the west of S W 6th Street, dead ending at the Treatment Plant. It was listed at $94,500. Staff had the property appraised in April. The appraisal indicated a price range from a Iow of $62,000, to a high of $82,500, with the estimated market value of at the mid range of $75,000. http:l/miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3339&MeetinglD=260 5/28/2010 Page 2 of 2 Staff contacted the seller's agent and initiated an offer of $82,500 for purchase of the property, which the seller has accepted. Acquiring the property would allow expansion of the compound. In addition to providing additional storage capacity for vehicles and equipment, the acquisition of the property would provide a safe buffer for the residential community from the Chemical Storage Building and the Water Treatment Plant. FUNDIING SOURCE Funding would be from account #441-5161-536-61.10, Water and Sewer Fund) Land Acquisition Cost in the amount of $82,500.00, after a budget transfer. RECOMMENDATYON Staff recommends pursuing the purchase of real property located at 11 S SW 6kh Street for $82,500. RESOLUTION NO. 31-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTH4RIZIl~TG THE CITY Tfl ACQUIRE CERTAIN REAL I'I~APERTY IN FALNi BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPC)ItATING AND ACCEPTING THE GONTItACT STATING THE TERMS AND CQNDITIONS FOR THE SALE AND PURCHASE FROM LOLA JONES, SELLER, TO THE CIT'Y' OF DEI,RAY BEACH, FLAI~IDA. WHTRE~4S, the City of Delray Beach, Florida, wishes to acquire certain property located at 118 S. W. 6~' .Street, Delray Beach, Florida; and WHEREAS, it is in the heat interest of the City of Delray Beach, Florida, to purchase said property for the municipal purposes. NOW, THEREFORE, BE TT' ORDAINED BY THE CITY Ct3A~MMI~SION QF THE CITY AF DELRAY' BEACH, FLORIDA, AS FQLLOWS: .Section 1. That the City Commission ofthe City of Delray Beach, Florida, as Buyer, hereby agrees to purchase the property described herein from the Seller, for the purchase price of Eighty-Two Thousand Five Hundred Dollars ($82,500.00}, said property being described as follows: Sellers Add Delray Beach East 12.5 f1. of Lvt 9 and all of Lot 10. Section 2. That the terma-and conditions contained in the Confront for Sale and Purchase and addenda thereto between the Ciiy of Delray Beach, Florida, and the Seller as hereinabo~e named are incorporated herein as Exhibit ``A.". PASSED AND ADAPTED in regular session on the ~ day of , 2010. ATTEST: MAYOR City Clerk C4I~TRACT FOR SALE ANd pIIRCF~AS~ PARTIES: LOI,.A JiJNr=S ("Seller<'), and the CITY OF DELRAY R.EACM, a Florida municipal aorporatfon, of X00 N.W. First Avenue, t]elray Reach, Florida (Buyer, heref~y agree that the Seller shall self and Buyer shall buy the fa~awing described Real #~'rnp~erty arttl Personal Properly i<cofieclively "Pro a upon the following terms arrd conditicros, which fNCLUDE the Standards for Real Estate Transactions ("Standard(s1'7 on the reveres side hereof or attached hereto and riders and any addenda to this Contract'for Sale and Purchase ~"Contract"}. . L E~ESCI~tPTION: 148.Sout#twest ~~" Street Delray Beach, Florlds 33~4A~ Legal desctiptfan a!f the Real froperty located .in Haim Besnh Cnuhty, Florida: Sellers Add Delray. Beach East 92.5 ft, of Loi g and ail of Lot 10. II. PURCHASE PRICE $82,5t]tIsDO Itl. TII1il1= FOR ACCtrf~TAIVCIr; EFF)=CTIVE 13QTR~ FACSIMILE: if thls~offer Is not executed by and delivered to all parties OR FACT OF EXECUTION comrfyunlcatetl in writing between the parties on nr before June 16, 2~'t0, thf.s offer may be~ w.lihd~rawn: The date of Contract ~ " E f f e c t f v e ©a t e ") will be the date •whert the last one of the Buyer and the Seller has .signed this offer. A Facsimlle~copy of this Cnnlract and any signs#ures thereon shalt be considered~far ell purposes as originals. IV. TITLE EVIDEMCE: I'rlorto clesing, Buyer may, at Buyer's expanse, ab#ain a trifle insurance comnaftmerit and, after closing, an otnrner's policy of tithe insurance. V, CL,O-SING DATE: This transaction shall. be domed and the deed and other ck~ing papers defhfered wlfhin sixty ¢6l]) calerxlar days falio~wing the execution of this Contract, unless modified by ether ~Rrovisions of this Contract, VI. RIwSTRICI"14NS; EASEMEtVTS; UNf1TAT1aNS: Buyer shall #el¢e title suty)ect to: r~omprehertstve land use plans, zoning, restrfc#icros, pmhiblfiona and other requirements imposed by gcwernmental authority; tesirictlans and matters appearing on the plat or otherwise aomman to the subdivision; and public utilt#y easemerlte o'1 record. Vll. QCCUPANCY: Seller warrants there are no parties in occupancy other than Seller; but if Property is intended to be rented or oax~p~d beyond closing, the fact arxi terms fheretaf and the te~nt~s} ar ticcupants ahatl be disclosed pursuartl tv rrdard F'. Seller shat) deliver arxupancy of` Property to Buyer ai time of ciosir~ unless otherwise stated hersin.lf occupancy Is tc~ be delivered before dasing,l3uyer assumes all risk of toss to Property Erato data of oeatpancy, stroll be resp2uislbie and liable for malntenanoe from that date, and shaft be deemed io have accepted f~roperty in its existing cvndiiion as of time of taking occupancy unless other`wisca s#ated herein. VIII. T1fF~fWRiTTEF! OR HANDWRITTEN PRC1VI81.011tl~s Typevvtiften or handwritten pre+visians, riders and addenda shall control ail printed pro~risians of this Conttact in conflict with them. IX. ASSIGNABILITY: tCHFCIC QNLY C1VEJ: Buyer (9) may assign and thereby las released from any further liatxgiiy under this ~Ccntract; may asslgrt but not ~ released from liaf~lllty under this Contract; or X may not assign ibis Contract. x. ~iTCIAL G1~4USE5; ARRENIaA: If addilional terms are ta. be provided, attach addendum and CHECK ~ti=1~E x CITY OF DELR~IY BEACH ~. D ~~ _ '~,f41 ~' S t3y: ~yi ~1!L ~ ~C~~ Tax l0. Tax ID No. ^ EXATBI~' t'A" Res No. 31-10 AD.DEI~D#JM TD CONTRAC"f Ft~R SALE AfdQ PU1V*rCHA&~ Sr_LLER: I.OLA ,TONES BUYER: GiTY DF pELRAY BEAChI PROPr=R7'Y ADDRESS: "i 1~S SL~'~ B'h Str$et, Delray Beach, Florida X. SPECtAI_ CLAUSES. AQIDENDA (Continued}: A. FOREIGN INVESTPfIENT IN REAL PR~QPI=RTY TALC ACT ("EIR~7A"}: 7h~a partJes shall comply wi#h the previsions of tntemal Revenue Code Section 1445 -and app#ieaiile Treasury Re®ulations issued thereunder, ]f the Seller is a W.S. person far internal Revenue Code Seatlon 1445 purposes, then vn ciemartd of the Buyer .and prior to dosing the Seller small provide the Buyer with a certificate of nan- foreign~ s#atus in the manner provided in Treasury Regulaf~ons Seatson 1.14~t5-2. if the Seiler provides the Buyer with such certificate, and iF the Buyer is otherwise permitted to rely on such car#ifira#e under thane Regulations, the Buyer shall not ~n-ithho[d under Ihternal Revenue Oode Sect~n 1 A45. If the Seller is a 'fare€gn persc~rr' as de#ine(f by the Interne! Revenue Cods, the Buyer generaAy is required fo withhold 1 ti9~o of the gross sales price from. the Seiler at clnsittg and to pay the wi#hheld amount aver #4 the internal Revenue Service (IRS? unless- an applicable exernp#ior~ from withholding ar a limitatirrn an the arrrount to be withheld is available. To the e~ctent that the Dash to be pa[d over to the Seller at closing is insufficient #o cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such exc8ss far purposes of malting such withholding payment. IF the Seifer's federal income tax on the gain is Jess than the applicable withholding amount, the Seller may make advance application to the. IRS for reduced w1#hholding and, if granted, the Buyer sh~aq withhold only the authorized reduced amount. €f such ru€Ing has not been received by closing, the parties at olvsing shall solar info an escrow agreement reasonably satisfactory to the Buyer and Seiler pending recelp# of the ruling, prouitled that a# closing the Seller shall have the obligafion io provide to the escrow agent- from the olosing proceeds {ar frorn the Seller's other resources if necessary} cash equal io the maximum required withholding, with any exr~ss withholding being refundable to 'the Seiler upon receipt of a favorable ruling from the IRB. Buyer end Setter understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identlflcaifon number and to supply that number on the foregoing farms. A foreign individual may acquire an Interr~ationai Taxpayer (deritification Number ft~r this purpose. Since It may take se-+erai waatcs to receive the number after appilcatlon and the IRS will not process these farms without the actual number, a party lacking a T[N Js advised to apply lmn3ediately. B. The Buyer shall boos sixty {6Q} calendar days within which to sxinduct arty and ail feasibility studies and determinations relative to the suikabJlity far the acqu~ltion of the subject property by the Buyer and the Buyer reserves the express right to' terminate This Gor~bract at any time durlr~g Bald period for arty reason or no reason, in Buyer's sale dls~etian, wrierupon Buyet shall receive a fu€I refund c~ all deposit monies paid hereunder. -Buyer shall be granted reasonably access io the premises to conduct sueh feasibgily studies and deterrninatians, irtaluding envirottmantal assays, Dora drlFflrtg, surveys, sail sampiJr~ and other such testin®. C. This Corliract ]s expressly contingent and conditioned upon the approval of the sanl~s by the City Commission aF the Glty of Delray Beach. D. The parties represent and warrant that there is rto broker involved in this transaction to whom a cammissJan would ba due. ~~S ~a. s~-~o STA~IVDARDS 3+'OR It~AL E3TA'i'~ TR~i~TBACTIONS 7~. SYIDEI[L'S OF 71T2,6t ;1)An abstract af- title prepared or brought current by a xaput&1]le 8nd exiakfag ehatrect firm (if not existing then clr-tifisd as correct by an axfeting fixes? pus'portiny ko he as ancarete syntnpsis of the inskrumenks afEectSstg title to Rexl Prgperty corded is't the public records of the eauxlty wherei-it Beal Property is located, thYaugl] Ef€ecti{re Date. It rilial,l commence wtth the earllEat public recarcis, or such 1atCr deer as may be iiliatomai'y is the cpunsy, ikon c2asiug df tiii.a CcnCrept, the aha.traeC shall became the property of Buyer, subject to t1~e rl.gbt of retention thereat by firsC rti®rtgagee until f]]]ly paid. Ea) It kikle insurance eemmitmeat isauad by a P1-atir}a livaKee$ t'it2e insurer agreaiag to l,Aane to 8uye~, npaR recording of the deed to Buyer, an owner's pol2cy pf titles inau]:anee is the ampunt o.E the purchase price, Ensuring Buyer's kitle to Real Property, aubject~ only to liens, encumbrances, aicne~tioi]a ox spssi£Piaation provided is this LontYact and these whFCh 'Shall be diachargsd by da11eF ak or }sCface closing, seYlex alaall convey a maxketat]le title subfeCt only to ilexes, encutr9iranc~a, excrptiana or quell€icatiane set Corth in C.b~skrACE. Marketable title shall b's determined according Ga applicable Titles 6taadprda adgptsa by authority tr€ The Florida Bar and in accor:denee xtth law. Buyer e}tail hayr 34 days, f! atietraet, or. 5 days, i[ title Commitment, train date of receiving evideaea of tit1F to efcamine it. 2f title fa found dsfectiva, l~yex altall, wi[h-in 3 Gaye ttae~aEtex. exsk.3fy Seller 3n writfr~ epeeifyi~ $ef,patlBl. IC the defeat(s) rester title unmaYketable, sailer will have 30 days- tram xecreipt mt notice to removes the detect;a), fai3ing which sayer eh411, Yi.khin Elva [5) daya:.a~#ter axpiiatioa of th$ thixky ;10] day pCriaB, delivek srritkhn notice to SeIIeY either [il extending the tine fora reasanetsle period ziuk to exceed 124 days within which Sailer 'shall uaa diligent .ef€ort to retlgve the defectet or )a)Yequeatinq a refund of depgsit;s} paid which sharll immediately ba r4tnrned to eyyar. 3f sayer fair tC sa nati#y Se]]eY, gdYer ahtill be deemed td have accepted the title e's. it then is- seller shall. i[ title is found umearlret~ainle, uan diligeak eiCort to~ correct defect i>el in title' within the ti~oe provided therefor. If Seller is usable to timely correct the defects, 13uyet ~dha11 ~pikl~r weiva eha dsLeCis, tar rpceive a xefxmd at t7epaslt4rY: khpxLhy x~leaelrtg ggyeY acid Belaer brim-all further obligation under Chia Co]itraCt. >~r--~BRgEf S~-a eu~-'a 3e~1 L- mow.. ,.~. !_R..- Er.v. •~7-s,s',rLr4 ~ - - C. ap¢tvEY] 9'uyer, at 9]grer~s expenst, within time al2awed ~ $eliver evibenca of titles, may have Real PrOpex`ty sur~rigyad And CBrtifieq by ~a r'egisYered Florida anxveyor, 2t tl]e survey rii,ac'laa&e easraachmants on the Real Progeny or that fmprovements iacatad thereon enoxaeich en setback SSnes, easemenCa, ln~s 4f others, er violate any restrictions. CoAtYact covenants ar app33eeble govaxnmensal regulatfan, the aaaae shall cana.titute x title 8eieet. - .11.. r1...1.1 ..1dA ~• ..J _ ..1 -- - __ - ~ v av+w.gt ~.Y .!_ ..., ..., a1. .,... wi.... ..., .. i.... ..1..... wM.. _ _ _ _ _ - .~...- v~~ ..y -... .... ~ms 8. I2i~RLBffi JIRFr Baet:ss; Seller- warrants axed represents tl]aC thane i-s iagrera arrd egress to the Real Froperky euEf.i~cient fnr the intended use ae dsa¢ribe~l 3n paragraph Vl hereof. Yule. to whicH ip iu attgrdpnce with Standard A. C. Y.Ei1989~ Seller shall, nest l~isa than is days befere glaeii»g, furnish tV Buyer copra pf ell written ieaaea and .estoppel letters tram asah tenant specifying khe, nature and daYatiaa Of the tenant's occupancy, rental Yates., advanced rent and seeuri.ty deposits paid by tKnu~[t, IC Se1]er is unah3e to obtain auC}i latest- frooi cash tenant, the rave iixf4rmltki~on a1u~12 he Euraiahed by- Seller to Sayer within that tip period in the farm of a Se1ler~e aEFidavf-t, and sayer say therexlter contact krtri8.nks to aatkfixm ench ii]faxaiatia~n, Seller shall, ,at C1Csin9, deliver and assign all oxigidal leases Co Sayer, G, 6I6H&~ Seller shall furnish to Buyer ae tim2 of ciaaing as affidavit attesting to the a4aence, unless Cthaxwiae p~avided fax- herein, of any financing statemraks, claims bP lien Or potential lienors knq]sn ko Seller and further atkeat3ng thak there h}ve been ]]o improaeace]]ta pr repaixe~ to Pro'perky Con 94 days immediately preceding daka a# cln$ing. if Property has been imprpee3, os rtpaired within ttsat times, Seller aHa13 rieiiver re].easee or sadvere of ~¢eohanies~ liana executed by al] general zsntraCkgrs, st]UCesttactote, suppliers, and raaterialman in adds tlpn tq 8eller~s lien affidavit setting forth the names of all such s}eaeral CoTltlraCtara, aubnontractora, suppliers and materialmsn and Panther affirming that all ~l]argts far imprc~vemente n'r repairs which could serve ~e a basis tar a machl-nic's lien 4Y a Claim fo'r 'daaages' Have been paid yr will ba yard at cloering of this Cantiact. Res No- 31-10 H. YLNC6 Ql+ LipBY}#k! C14aing '~rtlaAll be tiaid i» the Caoriky whtre Real Property is la¢ated, at the offlte al` the aktartrey or other Clawing ago»k deaigrtated'hy Seller. x. TxFCEt lot computing .time periods sit. lees than six t6) days, 8aklirdays, Su»tlaya a»d assts err ndt~oetal legal teoliBaya shall be excluded. Any time pari.ade provisos fur hattin t,rhich altnli and art Satttrday--, Sunday or legal holiday ehali extend to 5.~0[l p,m..af tlue next Cosiness day. ']'lees ie of the essence In Ellie Cankrp,pk, a• ri4CtAllINr9 !OR ryDBltlsD~ Seller steal! i:urrriah dee8, pill df sale, nonetr[rekian lien aFEidavi.t, otener~a poeaeaeipn affidav3k, and EAriestive tnatraments. sayer shall furnish closing ataLemenk. X, 8Ry!l9~161i9 ~ >yodtrmentary stamps sm the deed and s`ecording carreetive instruments agA.ll, be paid by &tlltr, Wnlaaa atherxiae ptouided by law or rider tso this Catkraot, ohargea for 'the Eollosgtng related title services, ttaetely title or abstract s:ItBrge, title examinalti+an, and aetkleuiept an[3 s:'leaing Esc, shall be paid by the patty re'sporeeible !tar' furniab;ng the kfkle tvids~ i» aoatxxdaefc~<e wikh Paragxa¢h Tv, u. PB9fi7tZ'ZOItBI CREEFIT&r Taxes, assaeemet7L~, interiest, iusus:arlcc and okirex ealaengerc arl:4 i'eVanue of 8x#party shall be prorated tlrrwgh day bdfdre. closing. Suycr ehell3 have •Clle xlpt3rn of taking aver a»y existing polioiae of insurance, it assumable, in which event preieiunia shall lee gxarated. Cash. at cYasing shall be increaeee! or decsYaaed as mrty be required by prdratipps Ya be amdC Lhrpugli slay prior to olupl~ng dx p¢¢npaney ik ~accupancy [secure before closing. Advanap xent and security depaaits will lee credited to Sayer, sacraw depusi'ta held h1' mortgagee w.il] lee .credited to seller. Taxes shall be prorates! based om flee .currant years tax with due sllauwanct made fuc usaximwn allawalale di~cc>wek, htssestaed sad irtheK axempkians, x€ closing ,oesura a# a dace when the cerrrent years millage is 77ak fixed, and current S+eatr'e aeeeesment fa available, taxes will ht prorated based spat! such aeaessment and the prior yaaa;'B millage• It current ytaxta assesstge»k iF test avaiiaMiple, khen fazes will tie protases an the prior year's tax. IL there are easegleted imptovemente ah Real Property Hy January lot of year o€ clnsiteg, wlrich ieaproereetenta were not in existetlee an .latuuary isk of the gxlor year, the:q taxass eleall lr'e p>•esirek~ed based apdn khe print yaar~a millage crud at an egufteble aeseseneiet tp be agreed upon between the partlas, tailing which, regue~t xlil -be made to the Crkunty Fro;aerty Appraiser fs?r an iriEsaxma3 asaearainBnt taking isrkp sonaidexakian a4aAlahlc cstemp-Cioxts. Arty tax proration based tm .an astim¢te .alegll, at regucat of either party, be xeaSjrtsted upon rtceigt a£ tax bf1] on canditian that a statement to that sEte¢t is sigitetl at closing, h. 8P>SCIA;. i+$88881t>S3lr 1.IR`N9r Ctrk3.fied, s:pnftxmed arts ratified aprvial asseaeaent liens as of date of closing Fnat as of ei:feative bate] art tq, qt paid by Seller, pending lien's se aT' date of zlosing shall he assu3sed by Boyar. lE the improvement has lieeri sulmkan#ially completed ere of Stfas:titre Hatae, any yehding lien shall ]ie C4nside'IYQ afi cart-isles, confixmad or ratiESed aced Seller shall, At clgaing, be elsarged an emdunC equal to the leak estimate of aestsement far the impsovement try tfie puhlle body. N, IHSPSCrYt]7r, RE$wia l1Nn xarila~alblrlfCEr Seller iaerxenta thin, as of 16. days prior to closing, khe ceiling, roof (i.naludirig the faenia ,and eo~fftsJ. and exterior and interior walls, f-aunclatiah, seawalls for equiualantl and dockpgc dp trot have any VT6IBi+$ BVIpEt{CS of leaks, water: daeiage pr Struakukal dosage ar-!; Chet the septic tank, pool, all ~spllatleeru., ~meehdnisal itamo, heating, csyalietg.. elecltrical, plumbing gyalems and machinery axe in RORXINa COHp]T1lJTl. The foregoixeg warranty shall bC limited to the items speetFled unless ot[3siaaiae provided in an addendum. Buyer may, art Buya•r~a exp6nas, 'have t»speatiorug rdsidB of those itena~ by a firm or individual specialising lei home inepectionB and holding an erecupatioxral lioenee kssr such purpose [if required} nr by an appr!apria,tely licensed Flsaxidi< cesntratettar. Buyer shstll, prior .ko Buyer*a aecuprmcY pr npk lea's than ip dei+a prior to tslpeirtg, taltisthevat oocura first, report in elriting tp 'Seller Bach items that do trot meet the abuses atAndarde as to deiacte. finless Buyer timely report's .such deleaCa, Buyer slial3 bs deemdd to have wp,dved Sell$r's warrantfea ere 'ka sle€asts not repaxted. S! repair-s or replacement era xisquirm(~ kp cgmply wit#1 Lhia BtatWard, Skllar shall cauaa Gham tv he iad'da and e[tat1S pay up to khe amount provided in Paragraptl fbl . feller is nok x^ayuired to malts reRaire op replace~zfta of n aoametic xixkure toeless. soused by .a defect Seller is. respx~naible to repair dr replace. it title' cost of sucfi repair err replatarnertt exsesds the amsarnt provided in ?nragragh lHl . BUye:r or i3tllar taay also to !say such esoceeII, ftzilin9 evhiclt 'ei.Lleer party may eanael this sontraat, IE Seller is astable to carreet the defects gxior to elpairlg', the cast thereof sliali }se paid into eacxase at closing. Seller shall, upon reaaweable npGlce, provide util4t-lee sexvtas and ac¢tas to Cho pi~pQerty Ern inaRectipns;, incluiiiilg q walk-khxdugp pr'ldx to plpaietg, to ~nfti'i0 !:hat all !tame of Personal Property are on the Real Property and, subject tc the taregsrtng, that all requirsed repairs and xaplaceaents have been wsade offs that the Px'opes-ty, including but not limited tc, laem, shrubbery atul yool, if arty, leas 3reen malieteineA in the condit3.cai existing es cf E€Featiite Data, ordinary wear erred tear .excepted. fl. RISK OP Lti89r If site Property ie dansgad' by £tre or other eaaualty itefare closing and coat of restoration does amt exceed 1S of the asa'sased valslation a~ the PXaperty as damaged, Coat s}f restdxactlcm pha31 ba ain nbliga[ion of the St-ller and einsir~g shall prpi<eed puraWrrtt t4 the 'tar:eun 4€ Contract with reatorat"ion eoaRa cscratied at closing. If Che cost of restomiian eeiceeda 3k of the aeeesaad valnat~w! aF the impn~ousments as tleMagefl, Buyer spa~ll have th6 optio» taf eitHtx takartg ArsSperty ere ;at, tdgctlter with either khe 7# ear .auy insurance pYflEeeda payable by virtue of such loss ox daeaage, err of caeeelifig Golrtract and recelvittg return aP dtpaeit[gl. tr. QRDCBSOe O! SnLEI Ct,OSi3fQ Fi[QCISRliRIlt Tlie deed allall be recorded upon ~clearasrce at funds, if are abstract 4L kikle has been furnished, evidence pF title shall bt sontinued at Buysr~e txpanat to shrew kills in Buyer, without any a»cumhxt4tceB or change able!! >trould render sellcr•b title unmarRatBble Exam the date pf flee leek evidence. All gloainy' praaeeds shall be held in'esgrak by Saller•s attorney or dthcx etirtudlly atcsptable encraw agent fmr a period of Cwt belts shalt 5 days afttr sleet»g sake. li seller~a title is rendered unmarketable, tlu-ough sto Fault of Buyer, Bnysr shall, wikllih the 5 day period, nptiFy Stiller in wxiki»g of the defect and Seller shall have ~0 days from sake +of reneipt of eµcie ltrstifiaatinn to cure the defect. If Seller fails to tia~ely cure the defect, ail depositlal steal], upon written demand 3ry Buyer and withia 5 days aFter deaaandy be retut•neci kd Buyer and simultanepualy with auah repag~nsnt, Buyer abaYl return ~racsaalty ails uacate Real erdpeXky and reeattvey the Frnperty'to &eller b1T special warranty deed and hill aF sale. If Buyer fails ka make timely demand >yox refund, Buyer shall take kikle ee is, waivf»g all rights against seller es, td e:tty i»tervenl.ng dtFtct except as may be availalslc to 'sayer icy virtue of wairankinp, oq»taina$ in the dted or Hill of sale. If a Res No. 31-10 portitm of the purchase pxice i'e to he deYived fxrnal isatrtitettional financing dr refinancing, xequiremente of the lending institution as to p1acC, tsars of day. and proeednrea for slosirag, and Eor di$burssmaent of onox7gage pYDCweda small cpntrol aver cankxazy provision in tltiie Contract- seller s1ta11 heve Che right to regtaSxe trram the lending institution a stricter aarmiittnent tlaa't ik KSII neit withheld diebstraeattent of plprtgage proaehda; as1 a result of .say ti~Cl.e detect ettribyita4l'le tb &uye€-sartgagar. 'rise eec:rox Bred clt+sfn~ proccdurQ required hY this Standard may ba wa3uad ft Citle ageaik insures adverse matters purpuant eo Section G87.784i. P.~... a8 ametaded. Q. E8CR9WS Any eacrok agent I"Agent"`i rntcivirlg fufSds ar equivalept in nuthoi•i.zed and agrees by accaptan~e o'E them t:d depoei4 diem promptly, hold same in escrow and, t3uhjeot to clearance, disburse them fe accordance vith Cerma and caSttditione 'af ConCS'act, Failure of clearasca of #vnda shall snot excaase Suyer~s perfortatanca. If in doubt an to hgent's dueiea rsr iiabiiik~ies antler the pravxaio[ae of Contract, Agent xtay, at lagsnnxiw's apti.on, €akatinuc kta hold the spbjec[ matter pf the esGrtnt until the garKies hexroto agree to its diaburaeatesnt, ar until a .judgment nt a ~craurC t,f cCmp6tent ~uriadiat:ian slsall dakermine Che rights o! the parti'ea ur lUgent may deppait with the ekerk of Cho circuit court Having jvri~at3ictinn of C.he dispntp, Upon naeifying all paYtias cdt'4ca#raee6 a[ such action, all liability ctx tlse paYt df Agerit ahal2 fully teratainate, except to th= extzat pt actountiag Eor any hens pxxevipusly- delivered ~1aAt taf eacrrnt, If a licensed seal ieakate broker, Agent will comply witta prbviaigns tsf ilhalStel~ +0.75, F.S., as amesulad. luny suit tfekw>eu sayer and Seller xhet~ Age11k is made a party bebause aE acting as Agestik hereunder, ar ix any suit wherein lygent is0.Cetpleada the sahfe•et rnatker of Dhs escrow; bent aha13 recovex reasonadnie attorneyaa tees and costs incurred with these aaneupte to be pa40 from and taut .af tlae escrowed lstnda or eginivaient and charged and axardtd as cat.+XC rosta in favnc o1 the prevailing party, The ptgaxst shall not he liasble to as-y party-ar person #or aariedel~vexy to euyrer or Seller txf items subjeCk to this escrow, unless such miade33very ie tlne to +tilltal breach of ccmtrabt or gYass negligence o! aagent. 9. FAII,IIR; QF PSRFCRKa11Cffii Ii; SuyeY tails to perform Clsia Contratck vtithin the time speki#ied iincluding pay:vani of ail dapPaiC itst l v th6 deposit'Iai ~daid by Buyer and daposik is1 agxroed to be paid, rely he retove.red .and s.'etained by or Eor the account aE &eller •as agreed upon liquidated daaaragea, conaiderstion far the exeoutioh of this Contract atad in full settlement. of any aiaime; vdiereupan, Buyer and Helier shall 11e reli,oved o! .all txbl3gaLions .undeY [ontrat'ta nr Seller, at 3eller~s raptitm, cosy proceed in equity to nnEtrret Se]ler~s~ rights: under this t'outract, If, for any 1'eaecn 4thar ChAA Eaf.lure Dt Seller to awake Sella€'s title marketable after ililigesst etftaa-t, Se13e1c fai.la, neglpetd t?r refpsea to perft~•ta tkaie ContracC, the ~uycr mr[y i3ee3` specific perfRx'manoe or elect .to receive the return of eeeyt:x"a dnposiC Iai without ther~eCay uaiviag any .action €ar damages resalting Fran seller's hreaalt. r, Ca3H'1'1[AC? b1CY lZBCDAAItBLEr PBReONS notrr'rnr NGx'YCJis HBithlsr th'ia Contract nbx eaiY notice of it shall !re recaudr!d in any public records, This Cantxack shall bind a~ad itaurs to the lnentaCiC of the parties and their succeasnra in 1aCereet. xhenever tlae alssCia%t permix*, aingtalar shall include plural and one gtr>Eler shall include all, .ilQtice given by pr to the attorney ~f.ar any palmy shall Ae tte ef'feCtive as if given by tar to that pas•Cy• U. CO11YgYldlCEt Seliei shall twnvey title Ca Real property hY ttarrant:y Uae9. -avb~est only to taatters- ctmtaitusd° in Paragraph VI and chase other+riee accepted by.suycr. l+eraanal Property eltatl, at request of ettyer. be trapafa€red Cry as absolut+c bill PE male with warranty aE this, sti2rjeCt- Daly to ltuL"h. muttara a$ may' be okhetwise proVidad for herein. V. ~HBtt MaetllBllltti'l'8r Rv prior or yreael~t agreements er representations ehnll lre riinding upon Buyer ar Seller unless inolttded isa this Contract. No sastailitioatiasn or change in this Contract shall be valid or hintling ulian the paxtiea itnleras- ixt wsiting and eacecuted by tAC party ar pactieas inte:adeB ko b~ hound by it. if, lflaRAla1?R`I119t 8t:11C1 uraF6Anta that there are na facts kncvm tD Sel3er :aaates.tal$y affecting the value of the Property ~tlxfch are not readily abaexvtahlc by Buyer ar which 3aave rat lm?en dit;<tlos:$ to Buyer. Res No. 31-10 Delay Beach FL 33444 Name for. Sale - Yahaa! feat Estate Page 1 ~f 3 ~3ewt€seF7SlgnUg Stpriln Help hi~keYlirlxYEaariepag~ Yahaot Mail ~^^~~. .. E 6'~° y'°p.~ ......: _.-~: ~._........ ._. a WaFr Search 0..a>•,tfc~ 6:: P`~t 7 1.@.:11 k.~ F~_$eatd'F _. , ~ .. _ ~-._. ~.. .~_~ Firatt a H~i9rte Finance and Ntortgage Nelgfrbarhncid tni!o ~FFirlas and fidvic® Nty CTeal i;state. ForPrares3i~riats Secaruhf~rHen:ss Fcrytsr'u~€~e+:g :iietne ~fetues ~Fln.k:a ~€~LTLtR~ SeJi Y6iar 4°,cine S~dsi ~ S¢ar~tat.llstlrrg <badl:trs.r?elray~aactee-irme5~ttrr.9~i~ ~s~ve :I~ianArcir Cana prfni . L15TlN~a. CdVER~?IEW awa~~ ecaw~~u~t~ 1~~~? (€ ,. 1 r . ~ ~, ~, ,+~" Sad.(s): 3 t3aEf3(s.}: 1 Typia: Single Fariiity Home sgrt~c:. 1,1 e8 M>,S F2e7~1250 >`[um6er figs.{years):.~7 DaEe ffsted Oclabq[ 29, Zt7il9 ar! Yahno?: (t7~ says sou) j Ahnre.pe~Perty ~~t~ll ~~~~~~~~~ ~..I&tU'1~.C1fFeYed ~~! 17ntjr 7 hta.. cks frorrs C36writo~rri Dslrsp Beach. Larga kit, Lots pf- possltilfiBes, f~oaf iovenrlg and:sltingles rassntty replaced. .lady Crag ~ PariiaEly fenced yard.. tYxl4 additional atdragetyxirK-area: Rhona;, (56'(178+2fi28 A.~d"[ti®nal_f~iaparty d3~t~it ~Coritair@a9eaiC Eo- s mere t??ru ~~I~Cl!"~l~#UC~ ~E~tf~ ~~~~ ICl'~~ Repori a'protstem witFi lliislistirig NO{~I7fiOFhOOd; ~Dt"avaflaYsla ScFioatdisEiiaL: Ndfsvailsbla EtemeniarySchaaf: Nofsvaila6le: ti~fddle $chQOE: Noi available ~S1IRld~&GI t3d3t1~Ytly Hl~n s~npoi: got ~~anai?l~ paymE~nt rar;~i~s lh~~ Asking rice:. gs4,sso yar7 dawn Payment X98,980: Interesi rata 90yi, lined ~b% yOllr P51trtlat~d paYmetit ~~~ £it'i R50rL''tifFF' ':~firiaa:ee tCSSS abv~irisEaai~ar ~"~:~;t1S ~i gdp~iyaeNt't> `y"'" %t:~ y~ut".Ecs~t~ op~i~n~ Cempar :arrant mod+aage tate~ frorn multiple lenders ate, f:i.trrr.tr=:; utf~,t{ it's v~rA€$E~~ t.aalc,u~€~Iirimaiadhn~7sYatUC~S _ ht~p://~ealestate:yana.comlF`loridalDeirav Bead/.t~56316~432fd~Se6fc28... ~-L22/20'10 m x 0 0 0 b .~ h .~ O U T U ~ ~ ~ if i!3 "~ ~., ~ 1 ~ ~+' -:~ L~ ~ i',,~ ki- 3"r~y~s ~ _~ ~`'y' "1J'I ' 11 e~ ! -1, X49 `~ „ ~,;` . ~ .~~ ~ ~ ~' 6E c ~ -, r-'~ ~ li y..s,~ t F f', I '~>( `p,, ra,_ ~~3 ] lit ii' !' "s'f' I ,Y' ~7 ~ ~ ^~ d 3p78 J~ c., J F, ~1 ~ } elr it , ~~, k t~ ~ ; ~ ',~4 s 3 4 ~ ~., ati ~ t[' ~ ~ ~ I ` ~'~ I~r~ S~ r.S Ir~~ F: S I c.~ 3 f? R h*1'1 '~ ~ ~ ~ ~ 'Y,`Tii~ kl6a y yl~~l 9 4y ~ ~5. -f , ~.ty~~t~'~. ~~~±'r x ~~ F~'f-~~T~~"#° ._.y ~'4'., V~ ~ f~+~ ~`'t i tlw ~- f 3 ~ S ki' 3' q W~ ~~ ~~1 ~'1:' ?r 1 ~J ~i it~} ~ { t i ~;~E , ~ 9 Ih, ~~ ~~t,3 a _`. _ ' on '~ .. - - ] ~ ~4 r ~ 2r TT++ yy Y5 43 4 f, A -, .. k' A Y~ - ~ 7 ~ ~ I ~ to ~~ '~~~ ! , 'I ;~. ~~ '''' ~ ~ `'{ 4 ~ ~~ .4 -1 R: ~ ~ ~ ~ r ~ `~ a..,,r X14. .. O ~{ G ~ ' i~_ , ry ~' li orl i ~ S~ ~~ ~ w _ s ai 'O r... °. ~ ~ _ _ li ~ t. +ti~' ~` it. ~~- r O ~ __''I ~ - __ _ i 4'~._, .i ~ Ji i r r ? ~- `~ I ,~~ ' ~, F 3 ~ :, , -~ , r y ~n f ) aV ` f ~' t'. S d'r r LF:f II. Ti ~.' r F LY J :~ - .a13~ r, _ r _ 1 S,. 4 tai _ d - tt" ~ h L i1'~i~? ~' -iSt- r .,F ') ~, - t e: ~. ~ I ~ ra . I I ~~ , ~, ~ .ly ,I Y [ „ _. f ~ `$' s• ~ x. ~:' ,t ~ L ~ 1 r~ ~{g~~ `its a }ter } , ~ ~~ ~ ~` r ~ I ~~, '~'~~ _~~ r _ } TIC v, ~~ 13 t ~ i e r rh'. ~ r ' - "x' - 1 __ __ ~ __ __ __ r~ y~ ~, ~ { s : - k .. y , . ~, .. ., y Y il~-,..r t' y.; ~~, ,4r r . M~ ~~~ _ ~ a°<, ~ t ii ;[ Y ~ {~ . 1 _ ~_~ ~ ( ~ , ~ t 1 { 1 'tt.. ~~~ti~': ~ ~ rr ' ° t ~ f r ; ~ 3~ ~ ~4 ~ ' ~ , 44ss ;v ~~.,_..- - ~ is ,~ w ~ ~t ~ ~ .r' ..~.~~" r ~' t~ APPRAISAL OF REAL PROPERTY LOCATED AT: 118 Southwest Sth Street East 12.5 Ft of Lot 9 & all of Lot 10, Sellers Addition, Defray Beach Delray Beach, FL 3344A FOR: City of Delray Beach: 434 South Swinton Avenue Delray Beach, Florida 33444 _ AS OFD April 9, 2010 - BY: Anderson & Carr, Inc. - 5215outhOliveAvenne West Palm Beads, Florida 33401 D€fice {561} 833-1661 - Fax(Sfi1)833-0234 Anderson & Carr, Inc. Forrn GA2 - "4VinT1}TAL" appraisal safsware by a la mode, inc. -1-800-ALAMODE l1Nl~ARM R~SICIENTIJOL APPRntS~L REP[1RT FreNn ~innrvannn Pr6 a Atltlre55 118 Southwest 6fh Street Gtt Delra Beach State FL Zf Code 33444 Le al Descri tion East 12.5 Ff of LoE 9 8 all of Lot 10 Sellers Addition Delra Beach GOlln Palm Beach Assessor's Parcel No. tz-aa-as•zo-os-oou-oogz Tax Year zoos R.E. Taxes 655.96 S ecgl Assessmems None Known Borrower Cnrrert Owner Lora M. Jones Occu art: Owner Tenart Vacant . . Pro err ri his a raised Fee Sim le Leasehold Pro'ect T e PUD Condominium NUD A on HOA $ IMo. Nei hborhood or Pro~ecl Name Ma Reference 33444 Census Tsui ss.az Sale Price N!A Date of Sale N1A Dasai lion and amoanf of loan char a concessions ro ba aid b eller NlA Lender Client CI of Delra Beach AddreSS 434 South Swinton Avenue Derra Beach FL 33444 A raiser Michael J. Evans AddfeSS 521 South Olive Avenue, West Palm Beach, FL 3340'1 Location Urban ^ Suhurhan Rural Built up ®Dver 75% ^ 25-75% ^ Under 25% Growth mte ^ Rapid ^ Stable ®Slaw Predominant occupancy ®Dwner P~l~ 91e family huAG~g $(U0U) (yrs] 31.6 Low 4 presedt sand use °L Dne family 75 2-4 family 5 Land usechange ®Not Eikely ^ Likely ^ In process Property values ^ Increasing ^ Stable ®Declining ^ Tenant 182 Eli h o5 Mul4 family s To: Demandlsuppiy ^ 5horfage ^ In balance ®Dver supply ®Vacam (B-5~j -- _' Predominant _m Commercial 1s Marketin time Under 3 mos. 3-6 mos. Dver 6 mos. vac. over 5% 75 a1 Hofe: Race and fire racial compesttion of the neighborhood are not appraisal factors. Neighhodload Boundaries and characteristics: Bounded on the north b Easl Atlantic Avenue on the east b the ]ntracoastal Waterwa on the soufh b 10th Street and on the west b interstate 35. This is an older established net hboNtood of modesf sin le famil homes. Factors that affect the marketability of the properties in the neighborhood (proximity to employment and amenities, empioymert sta6ifity, appeal to market, etc.): Sub eel ro err is situated on the south side of Southwest 6th Street soufh of Wesf Atlantic Avenue. T'he immediate net hborhood Is an older _ residential area wiEh modesf sin le Tamil homes. The nei hborhnod has suffered from the decline of the local and natlonar economies with si nifican! dro s in the real estate values. There Is avera e a eel for this nei hborhood as It is dose to ubiic trans ortation• however the eneral a earance of the area is below avera e. The Delra Beach Tennis Center and the downtown core are to the north and northeast of Ehe sub'ect ro e Markel conditions in the subject neighborflood (including suppod far the above conclusions related to the frond of property values, demandlsupply, and marketing lime -- such as data on competitive properties for sale in the neighborhood, descrption of the prevalence of sales and €inancing concessions, etc.): The area saw si nif'rcan! rice increases In the first half of the decade however since the be Innln of 2o0fi rites have decNned with an oversu I of homes on the market. In the ear rior to the effective date of this a aisal there were 15 sales of similar sized ra rties €n the sub'ecl's nei hborhood re orfed in the Multi to Listin Service MLS wiEh an avera a marketln time of 253 da s. Current! there are 32 listin s of simirar ro ernes in the nei hborhood with an avera a ex osure time of 315 da 5. Project Information far pDOs ([f applicable} - - Is the developerlhuilder in cordfol of the Home Droners' Association (HDA]? Yes No _ Approximate total number of units in the subject project Approximate final number of units for sale In the subject project Qescri6e common elements and recreational facilities: Dlmen510n5 82.5' x 140.5' x 82.5' x 140.5' Topography Level, Street Grade Site area 11,591 Sq. Ff. GO(ner Lot ^ YCS ®No Slie 11 591 S . Ft. Specific zoning classification and description R1A Sin le Famil Residential Delra Beach Shape Rectan ular Zoning compliance ®Legal ^ Legal nonconforming (Grandfathered use} ^ Illegal ^ No zoning Drainage ears Ad oats Hi b st & best sea im roved: Present use Dlher use a lain dew Residential fliililies Public Qlher Dff-sitelmprovemenis Type Public Private Landscaping PAatare Electricity ® Street Asphalt ® ^ Driveway Surface As half ~ Gas ^ Carblgutter None ® ^ Apparert easemerts Those of record Water ® Sidewalk None ® ^ FEMA Special Flood Hazard Area ^ Yes ®No Sanitary sewer ® Street lights Pole ® ^ FEMA Zone x Map Dale 1!511989 Storm sewer Alle None FEMA Ma No. 125102 0004 D Comments {apparerd adverse easements, encroachments, special assessments, slide areas, Illegal or legal noncordar ming zoning use, etc.}: None Holed however neifher a land surve nor an environmental surve was rovided or reviewed b the a r aiser and Is be and the sco of this a sisal. It is assumed that no adverse site conditions or external factors exist. 6ENERALDESCRIPTION EXtEPoORDESCRIPTIGN FUUNpATIUN BASEMENT lNSULATIUN No. of Units One Foundation Concrete Stah concrete Area 5q. Ft. Roof ^ No. oT Stories one Exterior Walls css Crawl Space None % Finished Ceiling ^ Type (Det.lAtt.) Detached Roof Surface As hart TNe Basemertl N1A Ceiling Walls ^ Design (Style} Ranch Gutters & trvrnspts. None Sump Pump NIA Walls Floor ^ FxistinglProposed E ~4stin Window Type Jarousre, Awnin Dampness None Noted Floor None ^ Age (Yrs.} 53 StormlScreens Bem,uda shatters Settlement None Noted Outside Entry Unknown Effective A e rs. ao Manulaclumd House No Infestation None Noted RDUMS Fa er Livin Dini Kitchen Den Famil Rm. Rec. Rm. Bedrooms # Baths Laund Dt her Area 5 . Ft. Basement Levell x x x x 2 1 1186 Levell Finished are a above rode contains: a Roams z Betlroam s ~ f Bath s • 1,186 S care Feet of Gross Livin Area INTERIpA MaterialslCondition HEATING KITCRENEQUiP. ATT1C AMENITIES CARST9RAGF: FklOIS Terrazzo l Avera a Type Packa a Refflgefd€Or ® None ^ Fireplace{5] # ^ None ^ Wafts Plaster 1 Avera a Fuel Electric Rangel0vun ® Stairs ^ Pat€o ^ Garage # of cars TrimlFiniSh wood 1 Avera a COnditi0n Avera a Disposal ^ Drap Stair ^ Deck ^ Attached Bath Flvvr TNe ! Avera a CUULINC Arc Dishwasher ^ Scuttle ® Porch Screened ® Detached Bach Wainscot TRe 1 Avera a Gentral No FaNHootl ^ Fbar ^ Fence ^ Built-tn Doors Hallow Core ! Avera a Diher Packa a Microwave ^ Heated ^ Poal ^ Carport 1 Contliiion Avera a Washer D er Finished Drivewa 3 Additional features {special energy efficient ttems, etc.): No additionar features ors eclat ever efficient items. Condttian of the improvements, deprociaiion {physical, functional, and external], repairs needed, quality of construction, remotlelingladdilions, etc.: Overall condition is avera a for the a e of the Im rovements. EEements of deferred maintenance were a arent. The roof cover was re ortedl re laced in Ehe last flue ears and the cell€n s a ear to have been re- lastered. Adverse environmental conditions (such as, but not limited to, hazardous wastes, toxic substances, etc.) presert in the improvements, on the site, ar in the Immediate VlClnliy Of the SI1t7jeCt properfy.: None nosed althou h an environmental su was not ordered or reviewed 6 the a raiser. It is assumed that no adverse conditiens epst. Freddie Mac Farm 7U tijg3 PAGE 1 OF 2 Fannie Mae Form 1UU4 GIg3 Form UA2 --- "WinTOTAL" appraisal sottvrare by a la made, inc. -1-80U-AiAMODE IINIFQRM RESIDENTIAL APPRAISAL REPORT Fi1PNa 2144174.444 .,, .,, F$TIMATEU SITE VALUE _..-17.5s;t;aF.fs~_$~.OO .$;;T,S.V5 ....-_ $ sB a4o ESTIMATED REPRDDUCTIGN COST-NEW-DF IMPRUVEMENTS: Dwelling 1,186 5q. R. @$ 92.04 = $ 109,112 3,850 isa 5q. Ff. @$ 25.00 - Comments on Cast Approach (such as, source of cost estimate, site value, square fool calc4iation and for HtJtl, VA and FmHA, the estimated mmaining eCOnOmIC tlfe Of the pfoperly): The Marshall & Swlff Residentiar Cost Handbook for an avera a unlit CBS residence and information ~ A !lances Window 7reafinenis etc. - 3,000 from local contractors was used to eslrmate the re iacement cost GaragelCarpOrt 258-Sg. FL @$ 13.00 3,354 of the Im rovements. The site value estimate extracted from the ......° $~ 114,316 T41a1 EStlmatetl COST NBW .. cam arable sales. 5 uare foot calculations are based on actual .................... . Less Physical Functional External measurement and information from the Pro er A raiser's Depreciation 99,4261 I - $ 99 426 Publlc Access 5 stem PAPA . be reciatlon was based on the DepEeCiated Vah18 Of improvemefNS --------------------------------- _$ 19 890 a elll(e method usin an effective a e of 45 ears and an "As-IS"Value 4t Site tmprovements------------------------------------$ 5000 ex ectedlifeof60 ears. INDICATEDVALt1EBYCOSTAPPROACH __----_ ................... _$ B2,89o ITEM SUBJECT COMPARABLE ND.1 COMPARABLE N0.2 COMPARABLEN0.3 118 Southwest 5th Street Address ~elra Beach 729 Southeast 3rd Avenue Delra Beach 617 South sw€nfon Delra Beach 105 Southeast 9th SEreet Qelra Beach PrOXlnllt to $ub'ect 32 nrirQS SE 0 f1.12 mllee E 0.28 miles SE _ Sales Price _ N!A _ _ _ j 75 040 79 500 _ 78,004 PriC Gross LIYfn Area __ 88.86 ~ _ __ 65.98 ~ 70.08 Data antllor Verification Sauroe _ T4L5 83035201, Pub€ic Records Llstln Office MLS 82997740, Public Records Listin A ent MLS 83073672, Publlc Records Lislln Office VALUE ADJUSTMENTS OE SCRIPTION DESCR€PTIDN + - $ Ad'ust OESCRIPTSDN i + - $ Ad' st. DESCRSPTION + - $ Ad~u54 Sales 4r Rnancing COnCe5510nS _ Cash None Conventional None Cash Nona Dale 4f Sal Ime a1z010 2!201 a 212010 Location Avera a Good -10 000 Avera a Good -14 000 Loasehold ee Sim to Fee Sim le Fee Sim ]e Fee Sim le Fee Slm le Site 11 591 5 . Ft. 9 342 S . Ft. +1 000 +500 10 724 S . Ft. 6 66fi 5 . Fl. +2 500 view Resldentlal Residential Residential Residential Desi n arod A eat Ranch Ranch Ranch Ranch Dual[ of Construction Avera a Avera a Avera a Good A e 53 65 57 29 COnltltl4n Avera a Fair +5 000 Avera a Fair +5 000 Above Grade Total lBdrms~ Baths TotallBdrmsl tlaths ~ T4taliBtlmisl Baths ~ TotallBdrms~ Baths Room Count 6 2 7 4 2 1 5 2 1 5 3 2 -2,504 Grass L'ivin Area 1 i B6 S . Ft. 844 . Ft. ' +8 500 1 205 S . Ft. ' -540 1 113 5 . Ft. ' +2 000 - Basement & FniShed Rooms Below Grade None None None None None None None Nane functional UNti Avera a Avera a Good ' Hearin Cuolin Packa a Wa111Window A1C Central •5 404 Central -2 500 ' Ener Efficient Items -- Gala Gar Oft Gar ort None +2 400 None +2 000- None +2 004 POrCh, Pa11o, Deck, Fre laces etc. Screened Porch Covered Patio +1,000 Covered Patio +1,000 Covered Patio +1,000 Fence P001 etc. Fenced Fenced Fenced Fenced Additional BuildiR 5 Guest Cotta a -14 444 Net Ad'. oral + 7 s44 + -12 400 ~ + I?Zf -2 s44 __ 'J i Adjusted Sales Price tL I 1 ~ [ Clet 1 . 3':- oS Com arable Gro. , ,.c.. e2s4o ~ r,~. s ~ a = s7 so4 r~us , ~ 7ss44 Comments on Sales Comparison ¢nclud'Ing the subject property's compatibility to the neighborhood, etc.): see su lemental Addendum. iTEM SUBJECT COMPARABLE N0.1 COMPARABLE N0.2 COMPARABLE N0.3 Dale, Price and Data None in prior 7!2009 1112006 21200E $44rce, fur prior sales 3 years $100 Cerliflcate of Title $479,400 $345,000 Wlttlln ear of a ral5al Publlc Records Public Records Public Records Publlc Records Analysis 4f any curreltl agreement 4i sale, option, or listing 4f su4jsct pmporty and analysis of any prior sales of subject cad c4mparables within one year of the date 4f appraisal: The sub'ec1 is currents listed far sale with an askin rice of $94,500. It was on 9nall listed in November of 2007 w"sth an askin rice of $179,000, which has s€nce been seduced to $94 500. INDICATEDVALUEBYSALESCOMPARISONAPPROACH .........................................................................................----__-- $ 75004 INDICATEDVALUE BY 1NCOMEAPPROACH 'rf A licable Estimated Market Rent N7A IMu. x Grass Rerli Multi tier NIA MIA This appraisal is made "as is" subject to the repairs, atleralions, inspections 4r conditions listed below subject t4 completion per plans 8 specihcalions. Conditions of Appraisal: Final RCCOnClllailon: The sales com arlson a roach reflects the actions of bu ere and sellers €n the o en market and is the best Indication of market value. The Income a roach is deemed not a licable as most ro erties In fhe area of the sub-ect are owner oceu led and not held far income roducfion. The costa roach Is hes! suited for newer construction but Is su ortive of the final value. ' The purpose of this appraisal is to estimate the market value of the feat property that is the subject of this report, based 4n the above conditions and the celiification, contingent and limiting centliiions, and market value definition that are staled in the attached Freddie Mac form 4391fNMA form 1004B (Revised 6193 ). I {Wf) ESTIMATE THE MARKET VALUE, AS DEFINED, OF THE REAL PROPERTY THAT IS THE SUBJECT OF THIS REPORT, AS OF A ri 18 2010 (WHICH IS THE DATE OF INSPECTION AND THE EFFECTIVE DATE OF THIS REPORT) TO BE $ 75,440 ~~ SUPERVISORYApPRAISE IRNI=Y-IFRE4t1lREDy: APPRAI~ SER'. [%911a1y r10 Y Si4natur . Slanalure ~ ~' ~~ --~ - ~ - ~„ ~'' ' ",~ lltd ®Did Not r ~ Name is a an '~ Name Robert. _ -~.t~tW 9an13nga~ws~gctPr4perty -. - emnLvbanLng n t s -, Date Rooori5i4netl Apri120, 2010 Date RBROrt514ned April 20.2010 °^°R~.=°5 State CerBficatio-n # 823308 State FL Stale Gel1111Ca110n # sl. Cert. Gen. REA RZ4. 1O1r~~-04"" Stale FL br State License # State Dr State License # State Freddie Mac Fumy lg 5193 PAGE 2 OF 2 tanrne Mae corm i 4u4 ti-93 Farm UA2- "WinTOTAL" appraisal s4fiWare t:y a la m4tlc, inc. - t-BOO-ALAMUDE UNIFORM RESIDENTIAL APPRAISAL REPORT MARKET DATA ANALYSIS These recent sales of prDperlies are most similar and proximate to subject and ave can C4nsi erect in the market ana ysis. he deseriplion includes a tlo ar a justment, retlechng market reaction t4 those lems of significant vadaki4n between the subject and comparable properties. ff a slgn€€ECarR item in the comparable property is superior to, or mare favorable than,lhe subject property, a m€nus (-1 adjustment is made, thus reducing the indicated value of the su~l1ect If a significant Rem in the comparable is mfen4r i4, or less favorable than, the sublect property, a plus {+} adjustment is made, thus increasing the indicated value of the subjecl. ITEM SUBJECT COMPARABLE N0. 4 COMPARABLE N0. 5 COMPARABLE N0. 6 118 Southwest 6th Street Atldre55 Delra Heath 646 Southwest 7th Avenue Delra Beach 11D8 Southwest 8th Avenue Detra Beach Pf4xtmll t4 $nb~ect _ ~ 0.3fi mites W 0.63 mils-s SW _ Sates Price N!A 49.000 75,004 PriC Gross Livin Area ~ 54.44 ____ $ 92.36 ~# ~ ~ Data antllor Ver141Ca114n S90mea MLS R2822414, Public Records Listin A ent MLS R3086518, Public Records Listin A ent VALUE ADJUSTMENTS nFSCRIPT_IDN__ DESCRIPTION t -t - $ Ad"ust IfESCRIPTION ~ + - S Ad'us1. DESCRIPTION 1 f - S Ad~ust Sates or Financing C8nCe5a1n05 ~ Cash None Conventienal Clasin Costs -3 DOD Date Of Sa3 ime 312010 Guireni Contln enc Location Avera a Avera a Avera e Leasehold Fea Sim IC Fee Sim le Fee Sim le Fee Sim 1e Site 11 591 S . Ft. 7,465 5 . Ft. +2 000 6 303 S . Ft +2 504 V eVI Residential Residential Residential Desi n and A eal Ranch Ranch Ranch - Qaah Of GoasfmcflCn Avera a Avera a Avere e A e 53 52 55 CDndtlIOFI Avera a Fair +5 D00 Good Udated -10 ODO ' Above Grade Foial IBdrms~ Baths Total ^Btlrmr` Baths I Total IBdrms~ Baths ' Total IBtlrms~ Baths ' Room CaurR 6 2 1 5 2 1 5 2 1 Grass Livin Ama 1 186 5 . Ft. 900 5 . Ft. ' +7 OOD 812 S . Ft. ' +9 004 S . Ft I Basement & Finished Rooms Below Grade None None None None None None FUnCtlenal U1ili Avera a Avera a Avera e Neatin Co41in Packa a Central -5 D00 Pactta e Ener Efficient Hems Cara Car orl Car rt None +2,000 None +2,D00 Porch, Patio, Deck, Fire Eace s etc. Screened Porch None +2,000 None +2,000 Fence P441 etc. Fenced Fenced Fenced Addili4nal Builtlin s Nst Atl~. o1a! + is 4oD -~ - 2 soo + Adjusted Sales Price 4fC4m arable _ PJet ;le r~ ia~u;s ~1f19 `~'~ 62400 G7e,E ~ 3 `5 ~r~~s=~ ~' f€ "b 77 soD PJet `~~ . f~ro-;r. Date, Price and Data Source far prior sales Within ear 4f a tarsal None in prior 3 year; Public Records iDlzoo2 $s9,D4o Public Records 1or2DDs $31sDD Public Records Comments: Markel Data Analysis 6-t13 Farm t1A2.(AC} - "~nTOTAL"appraisal software by a la mods, inc. -1-80{t-ALAMODF FESe Nn ~~nn»a.aoo Gent Ci of Delra Beach Pro a Addre55 t'IB Southwest 6th Street CI Delra Beach Cou Yalrn Beach State FL Zi Garle 33444 weer Lola M. 3ones CLIENT DISCLOSURE AND ENTt=NDED USER: This summary appraisal report is intended for use by our client, the City of Qelray Beach. Use of this report by others is not intended by the appraiser. PURPOSE OF REPORT: The purpose of this summary appraisal report is to estimate the market value, fee simple estate, of the subject property as of Apri19, 2010, the date of inspection and the effective date of this report. FUNCTIDNlINTENDED USE OF THE REPORT: The functioNintended use of this report is to provide the client with a supportable estimate of value for the subject property which can be utilized for purposes of establishing a purchase or selling price. SCOPE OF ASSIGNMENT: In keeping with the purpose of the appraisal and the appraisal process, the appraisers have engaged in original research to provide a limited analysis for the client. f]ata from analysis has been gathered from various soufces, such as the Palm Beach County Public Records, First American Real Estate Data, Inc., county and local planning & zoning departments, local realtars, property owners, and other appraisal offices. The product of our research and analysis is formulated within this report for analysis of and direct comparison with, the subject property being appraised. Additionalty, we have used original research performed in preparation of other appraisals by this office, which is considered appropriate for the subject property.This report has been prepared in a summary appraisal format with supportive data maintained in Anderson & Carr, Inc. work files. This is a summary form appraisal report. Additional supporting data is contained within our work file Unless otherwise stated in the appraisal report, the appraiser has no knowledge of any hidden or unapparent conditions of the property that would make the property more or less valuable. The appraiser makes no guarantees or warranties, express or implied, regarding the condition of the property. This summary appraisal , report ]s not an environmental inspection and cannot be relied upon to disclose defects or conditions in the property. The appraiser performs an inspection of visible and accessible areas only. A professional environmental inspection is recommended. COMMENTS ON SALES CDMPARISON: The comparable sales selected were sales That were deemed most comparable to the subject which occurred within three months of the effective date of the report. Lot size adjustments were based on $0.50 per square foot of difference. The living area adjustments were based on $25.00 per square foot of difference. Sales 1 and 3 are east of Swinton Avenue which is a superior location and received negative adjustments far location. Sales 1 and 3 were reported to be in fair condition and in need of renovation. At the time of inspection,Sale 1 was in the process of being renovated. These sales received a positive adjustment for condition. Sale 5 was reported fo have been recentl renovated and received a negative adjustment for condition. Sale 2 had a one bedroom, one bathroom guest cottage and received a downward adjustment for this amenity. Sale 3 was reported to be in overall good condition, but was missing all appliances and the central air conditioning compressor. This sale received an upward adjustment far condition due to the missing appliances, and a downward adjustment for the missing air conditioning compressor. The subject had a carport, while none of the comparables had a carport or garage. All comparabies received an upward adjustment in the amount of $2,000 for this amenity. Sale 5 was a current listing that was under contract. The listing agent did oat anticipate any problems in closing at the reported contract price. All five sales were considered in the analysis. After the adjustments, the sales reflect a price range from a low of $62,000, to a high of $82,500. We conclude that the subject falls in the middle of the adjusted range, with an estimated market value of $75,000. The unadjusted price per square foot of grass living area of the comparables ranged from a low of $54.44 to a high of $92.36. At an estimated market value of $75,000, the price per square foot of gross living area of the subject is $63.23, which is well within the range of the comparable sales. Farm SUP- "WinTOTAL" appraisal software 6y a fa mode, inc. --1-80t1-ALAMOOE ~,ocation Map Cllent Ci of belra Beach Pw a Addre55 1A6 Southwest fith Street C~ t)eEra Beach COU Palm Beach Stale FL ~L' Cnde 33444 Ovmer Lola M. Jones Farm MAP.LOC - "WinTOTAL° appraisal software 4y a la mode, inc. ---1-8fl0 AIAMI)l]E Parcel Map Clian[ CI of Defra 8eaah Pro a Ad[freSS 118 Snufhwest 6th Street C tetra Beach CQQ Palm Beach $1a1e FL 7A CQde 33444 ()Wrier Lola M. Jones - - - r~~ - ~' __ T - r f- ~e ~ ~ _ x ,.~~ v p ~r i ~ I[ ~ `1T3 , ~ '~~'77ff w -J-- _ _~_ e [` 7 ~~-tin{:~ _ h2' _--- ~. . C'. - if 1 ~^" 7 ~- r ~ ~ ~, _ ~ Ea o ._ ' - -. 1 . ~~ T. ~ i i ^1C? - _ ._ t _- w, rv- r- _„ r ~. ~.; - - ... ._ .. _ , ; , , Form MAP.PLAT- "WfnTOTAL" appraisal sQfiware by a la mode, inc. -1-BQO-ALAMODE i3ird's Eye View Looking South Client CI of De3ra Beach Prb a Atltlres5 118 Southwest 6th Street C~ I]elra Beach Cbaa Palm Beach Slate FL Zi Cbtle 33444 Owner Lola M. Jones Form MAP.PLAT- "WinTOTAI."appraisal software by a la mode, inc. -1-tiQQ-ALAMODE Buiiding Sketch Client Cl of Delra Beach Pre 0 Address 198 Southwest 6th Street CI Delra Beach Caun PaEm Beach S1a1a FL 1i COde 33444 Owner Lala !H. Jones Comments: Codc AREh CALCUL/1T?CnNS SUMt~9ARY, f]esGriplaun Size Net Totals - GLA1 E'irst Floor 1186.0000 1186.0000 P/P enc. Screened Porch 154.0000 154.0000 GAA Carport 258,0000 258.0000 Ome Storage/Laundry 80.0000 80.0000 TOTAL LfVAt3LE (rounded) 1186 LIVING Af2EA BR~IKDOWN Breakdown SuBtutals First Floor 74.00 x 1fi. 00 224.0000 26.00 x 37.0[1 962.0000 2 Calculations Total (rounded) 118fi form SKT.BIdSkI - "4VinTDTAL" appraisaE snnware by a la mode, inc. -1-860-ALAMDDf Building Sketch CElen1 Ci of r)elra Beach Pro eat Address 118 Southwest fith Stree[ Ci Delra Beach Chun Palm Beach State FL Tt COdB 33444 Owner Lola M. Jones First Flvvr GLA1 Carport GAR 14.00 x 16. DO = 224.0000 - 5.00 x 26.00 = 130,0000 2fi,08 x 37,00 = 962,0000 8.00 x 16.00 = 126.0000 Area total (rounded) = 1186 Area total (rounded) = 256 StoragelLaundry OTH ]=nc. Screened Porch PIP 8.00 x 10.00 = 80.0000 11.00 x 14.00 = 154.0000 Area total (rounded) = 80 Area total (raunded) = 154 Farm SK7.t31dSki -'Mlin70TAL° appraisal software by a la mode, inc. -1-8[)l}-ALAMO~E Subject Photo Page Cllenl Ci of l]elra Beach PN ert AddfUSS {18 Southwest 6th Street GI l]elra Beach Cou Palm Beach State FL I Cotle 33444 Owner Lola M. Jones ~ m- Subject Front 118 Southwest 61h Street Sales Pr€ce N1A GLA 1,1Bs Total Rooms s Total Bedrms 2 Total Balhrms 1 LeCatlen Average Vew Residential Slte 11,597 Sq. Ft. CUa€Ily Average Age 53 Subject Rear Form PIC4x6.SR - "WinTOTAL"appraisal software by a la made, Inc. -1-89B-ALAMODE Living Room 11 B Southwest 6th Street Sale Price N!A GlA 1,166 Total Rooms 6 Bedrooms z Bathrooms 1 Location Average VIEW 32esideniial Slte 11,599 Sq. Ft Quality Average Age 53 Farm PIC4xli.51- "WiaTOTAL"appraisal software by a la mode, inc. -1-800-ALAMOCE Dining Room Subject Interior Photo Page Photograph Addendum Client Ci of -eira Beach Pro erf A6dre55 118 Southwest 6th Street Qlf I7elra Beach 001111 Palm Beach Staie ~FL ZI QOOe 33444 Qwner Lvla M.,lones Bedroom 1 Bedroom 2 t .i YIL 1' •'(S " C C`` `; :~~r Bathroom Finished Florida Room Rear looking northeast Rear Yard Fnrm PICS#%2 - "WinTOTAL"appraisal software by a to mode, int:. --1-A~0-ALAM(lflE Comparable 1 729 Southeast 3rd Avenue PfOxlmlly 0.32 miles SE Safe Price 75,000 GLA 84'4 Total Rooms 4 Total Bedrms 2 Total 8athmts 1 Location Good Vlew Residential Site 9,342 Sq. Ft. Quaily Average Age 65 '-.;~ ;;~, X ~~ [. ;: Comparable ~ 617 South Swinton Proximity 0.1 z miles E Sale Ptce 79,500 6LA 1,205 Total Rooms a Total Bedrms z Total Baihrms 1 LOCffiIUn ,Average v1aW - Residential Site 10,724 sq. Ft. Qnafity Average Age 57 ~~~, . ~~. ~. ~,, i t : ~. : • =~-r, . ' i ,~ :u n `~~ ,~ _ . ~~ ~" ~ t ` ~ a x - f ~ E ~ ; ~ ,,. ~l ,.... 3 . ~ Y ~~ F~ ~ ~ ~. ,~ ~t W ~ ~~ r [ P• L.n, ~ ~ i.'^' 1 i ~r t tL~L ,i E _ r ..~ F T °~ tf . ~.. } KE. l k`4 L~ t ~' " ~ ~ . ~` ~ ~ ~ ~ 4 H (~ t 1. Y IZ`~}~' A ~w3 ~ ~~ 4 Y ~ ~~ 4 ? Fl.n f~N+h `t-"k :i' ,I ~ t4 [ 4 f1~:CG% sfi ~ ~;. Y,~'~' u 4 H .~ Y d -r;.j ,.i tt~ Comparable 3 105 Southeast 9th Street PreXlmlty 0.28 miles SE Safe Price 7a,0o0 GLA 1,113 Total Roams 5 Total Berfrrns 3 Tota! Bathrms z Local€oa Good ~0W Residential _ Site ssss Sq. t=t. [tuality Gaod Age 29 Form PIG4x6.CR - °WinTDTAL" appraisal software by a la made, ins. - t-BQO-ALAM4DE Comparable Photo Page Comparable Photo Page Cllent CI ofDelra Beach Pro a Address 118 Southwest 6th Street CI Ilelra Beach C6Un Palm Beach $hele FL Zi Code 33444 Owner Lola M. Jones ' .f ~ y ,'' `c `` a, ( ~ ~,,: ~ . ~ ~, y. r n '~5+'3tamu,9. p„,-._ ~ ~~ v t. H~4~ 9 -[^r 3 ~n~.. _... ,'fw.. ,,.. . Comparable 4 646 Southwest 7th Avenue Prox. t0 $Uhj. 4.3fi miles W Sates Price as,fioa G.L.A. soo Tot. Rooms 5 Toi. Bedrms. z Tai. Baihrms. 1 Locati6n Average Yew Residential Site 7,465 Sq. Ft. 4naliiy Average Age 52 Comparable 5 1108 Southwest 8th Avenue Prex. 10 SUh). 11.63 miles SW Sales Price 7s,aoo G.L.A. 612 Tot. Rooms 5 Tot. Bedrms. 2 Tat. Bathnns. i Lecati6n Average View Residenflai Site 6,3fi3 Sq. Ft. Quaiity Average Ago 55 Comparable 6 Prox. to Suhj. Sales Price G.L.A. Tat. Rooms Tel. Bedrms. Tot. Hathrms. Location Viouv Site Duality Age Farm P1C4x6.CR - "WInTGTAL"appraisal software by a la made, inc. -1-8D0-ALAMDDE UEFINITIDN OF MARKET VALUE: The most probable price which a properlyshould bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected 6y undue stimulus. Implicit in this deFlnition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he considers his own best interest; (3) a reasonable time is allowed far exposure in the open market; (4) payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and {5) the price represents the normal consideration #or the properly sold unaffected by special or creative financing or sales concessions' granted by anyone associated with the sale. 'Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these wsis are readily identifiable since the seller pays these casts in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional tender that is not already involved in the property or transaction. Any adjustment should not 6e calculated on a mechanical dollar for dollar cost of the financirg ar concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgement. STATEMENT OF LIMITING CONDITIONS AND APPRAISER'S CERTIFICATION CONTINGENT ANO LIMITING 1CONIlI1TtONS: The appraiser's certification that appears in the appraisal report is subject to the followring conditions: 1. The appraiser will nvt be responsible fur matters of a legal nature that affect either the property being appraised ar the title to it. The appraiser assumes that the title is goad and marketable and, therefore, wilt not render any opinions about the title. The property is appraised on the basis of fl being under responsible ownership. 2. The appraiser has provided a sketch in the appraisal report to show approximate dimensions of the improvements and the sketch is included only tp assist the reader of the report in visualizing the property and understanding the approiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data souses) and has noted in the appralsal report whether the subject site is Ipcated in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property In question, unless specific arrangements to do so have been made beforehand. 5. The appraiser has estimated the value of the land in the cost approach at its highest and best use and the improvements at their contributory value. These separate valuations of the land and improvements must not be used in conjunction wtth any other appraisal and are invalid if they are so used. fi. The appraiser has noted in the appraisal report any adverse conditions (such as, needecE repairs, deproclation, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the normal research involved in performing the appraisal. Unless otherrrise stated in the appraisal report, the appraiser has no- knowledge of any hidden or unapparent conditions of the property or adverse environmental conditions (including the presence of hazardous wastes, ta>ac substances, etc.) that would make the property more or less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied, regarding the condition of the property. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, the appraisal report must not be considered as an environmental assessment of the property. 7. The appraiser obtained the information, estimates, and opinions that were expressed in the appraisal report from sources that he or she considers to 6e reliable and believes them to be true and correct. The appraiser does not assume responsibility for the accuracy of such items chat were furnished 6y other parties. 8. The appraiser will not disclose the contents of the appraisal report except as provided for in the Uniform StandarcJs of Professional Appraisal Practice. 9. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repsirs, or alterations on the assumption that completion of the improvements vrill fro performed in a workmanlike manner. f0. The appraiser must provide his or her prior written consent before the Ienderlclient specified in the appraisal report can distribute the appraisal report (including conclusions about the property value, the appraiser's identity and professional desgnafions, and references io any professional appraisal organizafsans ar the firm with which the appraiser is associated) to anyone other than the borrower; the mortgagee or its successors and assigns; the mortgage insurer, consultants; professional appraisal organizations; any state or federally approved financial institution; or any department, agency, or instrumentality of the Untied States or any state or the i]istrict of Columbia; except that the lendedclient may distribute the property description section of the report only to data collection or reporting service(s) without having to obtain the appraiser's prior written consent, The appraiser's written consent and approval must also be obtained before the appraisa4 ran be conveyed by anyone to the public through advertising, public relations, news, sales, or other media. Freddie Mac Form 439 6-93 Page 1 of 2 Fannie Mae form 1094B 6 93 Anderson & Carr, Ina. Fomt ACR_CEFU - °WinTOTAL"appraisal software 6y a la mode, inc. -1-Spl]-AL4MDffE APPRAISER'S CERTIFICATION: The appraiser certifies and agrees that: S. I have researched the subject market area and have selected a minimum of three recent sales of properties most similar and proximate to the subject property for consideration in the sales comparison analysis and have made a dollar adjustment when appropriate to reflect the market reaction to those items of significant variation. If a sign cant item in a comparable property is superior to, or more favorable than, the subject property, E have made a negative adjustment to reduce the adjusted sages price of the comparable and, if a significant item in a comparable property is inferior to, or less favorable than the subject property, I have made a positive adjustment to increase the adjusted sales price of the oomparable. 2. [have taken into considemtion the factors that have an impact on value in my development of the estimate of market value in the appraisal report. I have not knowingly withheld any sign cant information from the appraisal repod and I believe, to the best of my knowledge, that all statements and information in the appraisal report are true and correct. 3. 1 stated in the appraisal report Doty my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the contingent and limiting conditions speciFled in €his form. 4. I have no present ar prospective interest in the property that is the subject to this report, and I have no present ar prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partiaily or completely, my analysis andlor the estimate of market value in the appraisaf report an the race, color, religion, sex, handicap, familial status, or national origin o€ either the prospectve owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property. 5. I have no present or contemplated future interest in the subject property, and neither my current ar future employment nor my compensation for performing this appraisal is contingent on the appraised value of the property. 6. i was not required to report a predetermined value or direction in value that favors the cause of the client or any related party, the amount of the value estimate, the attainment of a speci@c result, or the occurrence of a subsequent event in order to receive my compensation andlor employment for performing the appraisal. I did not base the appraisaf report on a requested minimum valuation, a specific valuation, or the need to approve a specific mortgage lean. 7. I perrormed this appraisal In conformity with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place as of the effective date of this appraisal, with the exception of the departure provision of those Standards, which does not apply. f acknowledge that an estimate of a reasonable time for exposure in the open market is a condition in the definition of market value and the estimate I developed is consistent with the marketing time noted in the neighborhood sect'son of this report, unless l have otherwise stated in the reconciliation section. 8. I have personally inspected the interior and exterior areas of the subject property and the exterior of all properties listed as comparables in the appraisal report. i further certify That 1 have noted any apparent or known adverse conditions in the subject improvements, on the subject site, or on any site within the immediate vicinity of the subject property of which l am aware and have made adjustments far these adverse conditions in my analysis of the property value to the extent that I had market evidence fo support Them. I have also commented about the effect of the adverse condtions vn the marketability of the subject property. 9. I personalty prepared all conclusions and opinions about the real estate that were set forth In the appraisal report. If I relied on significant professional assistance from any individual or individuals in the perfarmance of the appraisal or the preparation of the appraisal report, I have named such individual(s) and disclosed the specific tasks performed by them in the reconciliation section of this appraisal report. I certify that any individual so named is qualifsed to perform the tasks. I have not authorized anyone to make a change to any item in the report; therefore, if an unauthor¢ed change is made to the appraisal report, I will take no responsibility far it. SUPERVISORY APPRAISER'S CERTIFICATION: It a supervisory appraiser signed the appraisal report, he or she cert€Des and agrees that: l directly supervise the appraiser who prepared the appraisal report, have reviewed the appraisal report, agree with the statements and conclusions of the appraiser, agree to be bound by the appraiser's cert~cations numbered 4 through 7 above, and am caking toll responsibility for the appraisal and the appraisal report. ADDRESS OF PROPERTY APPRAISED: 178 southwest sth street Delra Beaoh FL 33F44 APPRAISER: SUPERVISORY APPRAISER (only if required]: Signature: Signature: ~''~ ''..~~~~~-~ ~'- Name: M c ~ ~ ~'~ Name: Rohei ~extt A ""s ~%° - DateSigned Aprl[ zo 2010 Date Signed: Aril 2a 2ot o Stata Certification #: ftzs3ae State Cerlifica6on #: st. cert. Gee. r~A laa or State License #: ar State License #: State: FL State: FL Expiration Date of Cedification or License: 7713012a7a Expiration Date of Certification ar License: 77raorzo7o ^ Did ®Did Not Inspect Property FreAdie Mac Farm 439 6-93 Paga 2 a12 Fannie Mae Farm #0948 $ 93 Fomt ACH_DEFD ---"WinTDTAL" appraisal saftu~rare by a la mode, inc. -1-8g0-ALAMDDE File tun ~t nn~~n nno Ci of Deira beach Prc ed Address 118 Southwest 6th Street OIt Delra Beach 0911 Palm Beach State FL Zi Cade 33444 Owner Lola M. Jones Statement of Limiting Conditionsand Appraiser's Gort'rfication (Continued) 11. I certify that, to the best of my knowledge and belief, the reported analysis, opinions and conclusions were developed, and this report has been prepamd in conformity wdh the requirements of the code of professional ethics and the standards of professional appraisal practice of the Appraisal Institute. 12. I certify that the use of this report is subject tv the requirements of the Appraisal Institute relating to review by Its duly authorized representative. 13. The appraisers have performed within the context of the competency provision of the Uniform Standards of Professional Appraisal Practice. 14. The use of this report is subject to the requirements of the Appraisal Institute and the State of Florida Division of Real Estate, Florida Real Estate Board, relating to review by their duly authorized representatives. 15. This appraisal report has been prepared far the exclusive benefit of the client, 1t may not be used or relied upon by any other party. Any party who uses or relies upon any infomrafon in this report, without the preparer's written consent, door so at this own risk. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the Assumptions and Limiting Conditions of this assignment 16. As of the date o€ this report, Rober€ B. Booting, MAI, SRA has completed the requirements of the continuing education program of the Appraisal tnstRute. 17. Neither all nor any part of the contents of this report shall be conveyed to any person or entity, other than the appraiser's or fan's c€ient, through advertising, solicitation materials, public relations, news, sales, or other media without the written consent and approval of the authors, particularly as to valuation conclusions, the identity of the appreiser or firm with which the appraiser is connected, or any reference to (afttliation with any professional appraise[ organization) or (designation}. Further, the appraiser or firm assumes nn obligation, liabiiity, or acvauMahility to any third party. If this report is placed in the hands of anyone but the client, client shall make such party aware of all the assumptions, limiting condifons and additional language of the assignment. 78. ACCEPTANCE OF, ANDlOR US1= OF THIS APPRAISAL REPORT CONSTITUTES ACCEPTANCE OP THE PRECEt3ENC7~ CDNDITIDNS. Form SUP - "WinTOTAL" appraisal software by a la mode, inc. -1-800-ALAPAOf7E qualifiications Cile01 CI pF Delra Beach Pro art Address 118 Southwest &th Street C~ Delra Beach COa Palm Beach Stale FL It COtlO 33444 Owner Lola M. Jones Q€TAF,II~~CATIgNS OF AP~,'RAYS ROBERT B. BAN'CTNG, MAC, SRdx PROFZ+SSIONAL.DESIGNATIflNS - 7'I~AR REt'SsIVIIII. ;vlAl - 3~femher Appraisal Instihife -1984 . SAA- SeniarResidentialApprasser,Appsaiselinstitutc-1477 SRPA -Senior ReaE Property Appraiser, Appraisal Iristititte -1980 State-CerttBed General Ilea] F~state Appraiser, State of Florida, License No. Rtil -1441 ~nvcATlaN aNn sPHCIALTRAIIViISG . I..,icensed Real Estate $mY.er -#3748 - State of Florida Ghaduate, University pfF7arida, Cglloge of Business Administration, ~S$A (Major -Beal Eslaie & LTrbanLand SEUdies)19.73. Successfully eamplcffid and, passed the folloa~ng Soaety of Beal Estate slpprxigeis (SRF-A) and Amenimn InstiEUtc of Real Estate Apprnisers (ATREA} courses andjar exams: Note: the SREA & AIREA merged in 1941 to farm the Appraise[ InstiNte, SREA R2: Case Shady o£ Single Ramify Residence SRZ?A201t Prinaplesaflncomei'ropertyAppraisiug . SREA: SirrglePamilyltrsidenceDemonsfraiianRepart SRBA: Income Property Demonstration Ropoii AIltEA iB; Capita]izaHon Theory andTcclrniques 51t13.A 10]:: Introdurxion to.Apgraising Real Property AIREA: Ckse Studies in Reai Estate Valentino AIREA: Standazds of Professional Practice '. AI1tEA: IntraducEian to Real Instate Investment Analysis AIRFA2.2; Valuation Analysis and Report Writing AIREAi ComprehensiveFlxaminatian AIRHA; Litigation Valuation. AIREA: Standards of ProfessionalPractiee Pert C ATT`ENDID OUS AP RAIS S ANII COi}RSES INCLUBIlVCr The Interne[ and Appraising Golf Cunrse Valuation ~ Iliscnnnting tbndominihms 1tc Su6divisiaus Narrative Report WtiGng Appraisingfar Condemttafian Condemnation: Segal ILn[es & Appraisal Practims Condominium Appraisal )3eviewingAppraisals .: Analyzing Cammertial Lease Clauses Eruinenl DomainTrials Tax Considerations in Beal Estate 'Pasting Reasonableness,+Disoaunted Cas€tT+lnw Morigagu'flquity Analysis Partnerships ~ Syndicaiions Hotel and Iidotel Valuation Advanced Appraisal Techniques lxedaral Appraisal.Rcquiraments AnalytieUses rrf Computer iu the Appraisal Shop , Valuation of Leases and Leaseholds Valuafsutt Sitigat3urt M[tek Trial Residential Construction Ezam Tate. Inside Out Rates,Ratips;andReasonableness AnalyzinglnpomePraducingPmperties Devebpraentpfloiajor/fargeAesideritial-Pm~ects . StandardsotProfessionalPraedce Aegr~ssionAna[ysisIn;9pptaisalPractice IaederaiApprassa[Requiramerrls l-sngaged in appraising and consulting assignrnents inciuding marketrasearcir, rental studies, feasibility anaysis, expeitwitnesE testimony, cash flow analysis, settlement waferenrrs, and hmkerage prnering.atl types of rest estate sire 1972, President afAndersan Bc Carr, Ina, Realtors-and Appraisers, established I947 - Pasf Presidrntl'ahn Beach County Grapter;'Socieiy of Real Fsfate.Appralsers (SREA} RoaltorMemhnr of Cknlra] Palm $each County Assoeiatiou of Realtors Special Master forPxlmBeach County Pmperty.Appraisa[ Adjustment Board Qualified as an Fsxpert Vi+itness.providing testimarty in matters of aondemnation, property disputes, bankrnpfcy court, faxeclosures, and other issues of real property valuation . Member of Admissions ConrmitEee, Appraisal Institute - SauHr.Florida Grapier MBniber Of Ravie+v and fbunseling Committee, Appraisal Institute - South }?bride. Glragter Approved appraisee for State afRlarida, Depattmentaf Transportation and IJeparhnant Natural Resonrcus. Instrnetar of seminars, sponsored 6ythe West.Palru Beach ]3oarrl ofRealtois. Ruthored articles for The Patin BeaplrPostand ea tar newsletter: .Real $state Advisory Board 3dem6eT> University ofPfarida. ~?ES OF FHOPERTK APPRAISED - PAR1TAi..LTSl7Np Aix Rights Medicall3nildings Aparfinent$aildings Clturcftas Amusement Parks Department Stores Motels - lVlotels i4tarinas Condominiums lndustdal BuIIdings t3ffice $nildirtgS. Residences • All Types MahileHameParks SetviocStations Special PurposeBitildiiigs Aes[aurarits Auto Dealerships Varmint Lots -Acreage Residential Pxajects Golf Courses $liopping Oenters Seasehold Interests Figanciat Institufiaas - Eas~ments~ - - " 'Tam cnrxcnHy certified under the wMiriniitg ei[veatiou program of the Appraisal Institute." Farm MAP.PLAT- "WinTpTAL" appraisal software by a la made„ inc.-1-800-ALAMflUE Qluali~ications Cllert Ci of l7elra Beach Pf0 err AddreSS 198 Southwest 6th Sireet CI l7elr Beach Ceu Palm Beach 51ate FL- ZI COde 33444 Owner Lola M. Janes QTTA7 TT~'ICA'i'IQi~"[#F< L~t.'PItATS~R MTl„FfL j. k~YAIVS GENERAL INb"ORMA'I`I(3N ' State Cerkifred General Real Estate Appraiser R7.3308 EDUCATION AND SPECIAL TRAINING ' Graduate, Sacramento State Crsllege, Bachelor of Science, Pmanee,19741 Graduate, Hastengs Gnllege of LaW, Turfs Dactorate,1975 Practiced Law in San Diego County and Monterey Cauaty, California from 1976 through 2(III2 Succa,~tailly earnpleted and. passed the fsallo'w`ta3g courses: Florida Real Estate Appraisal Board Licensed Residential Appraiser Course (ABl) March 2.004 Mastering Real Estate Appraisal, ~AI3II), June 2006 ' iCet'tifirard General Appraisal Cotfrse, Oetaber 2047 LISPAY, 3une 20106 Engaged in appraising real estate orf a ftfll rims basis with: Appraisal Realty Institute, May 2004 North Palm Beach, Florida Anderson & Carr, Tnc, July 2©08 , West Palm l3eacla Florida. _ Rasidant of Palfn Beach County since 2002. TYPES OI" PROPERTIES APPRAISED Single Family Homes ~ . ResldentfaI Condonvzfiums Vacant Gammercial Land Vacant Residential Ladd Apartfnent Ruildirfgs - Commercial llrxildings Restaurants Shoppirtg Centers Warchnuse 1'~tuldings Cori»mercial Candvrniitiums Insurable Value Reports Farm MAP.ALAT - "WinTOTAL" appraisal software by a la mode, inc. -1-8fl0 ALAMOI)E Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: May 26, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JUNE 1 2010 ORDINANCE NO. 14-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance 14-10 which increases the local business tax schedule across the board by 5%. BACKGROUND Pursuant to Florida Statute Chapter 205, local business taxes may be increased by up to 5% every other year. The last increase in the local business tax schedule occurred in March 2008. This ordinance modifies Section 110.15 by increasing all local business taxes by 5%. Over the next year, this increase would give the City approximately $33,500 in additional revenue. RECOMMENDATION Staff recommends approval of Ordinance 14-10. http://miweb001/CouncilAgenda/Bluesheet.aspx?ItemID=3363&MeetinglD-260 512$12010 ORDINANCE NO. 110 AN ORDINANCE OF THE QTY CONI<VIISSION OF THE QTY OF DELRAY BEACH, FLORIDA, AIVIENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" BY AIVIENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE" IN ORDER TO PROVIDE FOR AN INCREASE IN RATES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has the authority to increase the rates not more than five percent (5%) every other year in accordance with ~205.0535(b){4), Fla. Stat.; and WI-IEREAS, the Cifyhas not increased the Iocal bus~uness taac schedule rates since 2008. NOW, THEREFORE, BE IT ORDAINED BY THE QTY COMIVI[SSION OF THE QTY OF DELRAY BEACH, FLORIDI~ AS FOLLOWS: Section 1. That Chapter 110, "Local Business Taxes Generally", of the Cade of Ordinances is amended by an~nding Section 110.15, "Local Business Tax Schedule", to read as follows: Sec. 110,15. LOCAL BUSINESS TAX SCHEDULE. The following enumerated individual local business taxes shall be paid to the City by the persons engaging in or managing or transacting the several occupations or professions named yearly, unless otherwise specified: TABLE INSET: Classification All Fees ~0 $156.56 except as noted Abstracting Land title, warranty or security company. Each individual conducting the business of abstracting title, either in part or in whole, shall pay a license tax. Academy of Music Adult Entertainment Advertising Agencies, firms, associations, corporations or other persons distributing circulars, pamphlets or other advertising matter, except local merchants and theaters advertising in this way their own goods and merchandise, shall pay an annual license tax. Advertising Agencies engaged in the business of bill posting shall pay a license tax, per year. Advertising Office, Public Relations Alleys, Bowling, Boxball or Tenpins Each lane ~1~ 25.35 Ambulance Separate from undertaking, each ~~ 88.57 Amusement Parlors or Concert Halls Apartment, Rooming Houses Per room, excluding kitchen and bathrooms ~ 6.37 Aquarium Armored Car Service Each vehicle 54~~ 88.57 Art Gallery (l) Art Studio, workshop; classes (2} Artist, commercial (3} Artist material or supplies (See Merchants} (4} Artists' outdoor sale: Each sale, first day 37.97 Each day thereafter 4~~ 12.74 Astrologists, Clairvoyants, Fortune Tellers, Palmists, Phrenologists, Spiritualists, Numerologists and Mental Healers These activities and others of a similar nature, whether or not in connection with another business charging fees, shall pay a license tax. Athletic Club, Gymnasium (Zoning) Auctioneers 2 ORD. NO.1410 Auctions Auction, Real Estate Per day Automatic Amusement Machines, Games or Devices, Distributor Annual Fee Note: It is understood that this shall not be construed to license ar permit operation or display of gambling devices. Automatic Games and Devices or otherwise, marble games, such as throwing balls at figures and the like, which are not elsewhere provided for in this Chapter. Each machine or apparatus ~9 63.21 Automatic Trade Machines Where only incentive to operate same is to procure such as gum, nuts and the like Each machine 37.97 Distributor 7rsz:vv 149.94 Automatic Weighing Machines Distributor Each machine -~~.-1~ 12.74 Automobile or Motor Vehicles, Trucks, Farm Tractors and Farm Implements, Motorcycles {1}Auto agency or dealer, in new or used cars, motor vehicles, motorcycles, trucks, farm tractors and farm implements, with one principal place of business, not to exceed one lot fox display purposes, each agency, not to include repairs. (2} Each additional display lot. (3) Rental of vehicle not to exceed thirty (30) days as replacement for vehicles undergoing repairs by agency. Automobile (1}Automatic car wash, not in connection with other business (2} Automobile association {See Insurance) (3) Driving school {4) Parking lots, commercial, each lot ORD. N0.14-10 (5) Repair shop or garage, in connection with auto agency (6) Repair shop or garage not in connection with other business (7) Self-serve car wash, first unit 4~ 50.60 Each additional unit ~~ 12.74 (8) U-Drive rentals (9) Upholstering, tops, seat covers and the like (10) Automobile used parts, dealers in, used for purposes other than junk (1 I) Wrecker service, towing (12) Auto detailing Automobile ,Service Station Washing and polishing, greasing, lubricating and like servicing of automobiles, selling gasoline and oil, but not to include repair work and not to include the sale of merchandise required to be licensed otherwise by ordinance under Merchants. Automobile Service Station Selling merchandise other than petroleum products used in greasing and lubricating, shall pay the Merchants license on other merchandise in addition to the foregoing. Baby Sitter Service n~ 75.94 Baggage or Freight Transfer Company Bakery Wholesale and retail, each store Ballrooms for Profit Banks {National and State chartered), ' Savings and Loan Associations (per Section 5219 Revised Statutes 12 U.S.C. 548) Bankruptcy, Closing Out, Trustee Sale {See Fire sale) Barber Shops Beach Equipment (Subject to bids to the Commission} 4 ORD. NO.14-10 Beauty Shops Bible, Holy Solicitors Bicycle Shop, both retail and repair Billiard, Pool or Bagatelle Tables For profit, each table £~9 63.21 Birds Dealers Blueprinting Service Maps, plats and the like Baat Agencies, Ne~v/Used Each lot, not to include repairs Boats for Hire Fishing, cruising or sightseeing (each boat) Boathouses Storage only Boat Marinas, Dockage, Yacht Basins Boat Repair Bailer, Machine Shops or Foundries Bondsman, Bail Bonds Boob Magazine Solicitors Per week F~4 63.21 Per person ~~ 25.36 Interstate commerce No fee Bookkeeper/Accountant, not C.P.A. Boot and Shoe Repair Shop Bottling Works BrokeYS Stockers, [Stocks, bonds, mortgages, customs and others 5 ORD. N0.14-10 Building Inspector Building and Loan Associations (See Banks) Burglar Alarm Company Bus Station, intrastate business only Business College, Trade Schools Business Q~ce Butcher Shop Cabinet Shop Carpet and Rug Cleaning Each Location Caterers Fixed base or mobile, each truck ~9 63.21 Ceramic Studio Chemical Companies Christmas Tree Sales Season only, each Lot Citrus Fruits and Vegetable Retail {See Merchants) Claim and Collecting Agencies Cleaning, Pressing, Dyeing {See Laundries) Clothing Secondhand dealers Cold Drink Stand (See Merchants) Cold Storage All types Commission Merchants Handling shipments (other than specifically provided for herein) on a Commission basis Computer Service Concrete Products (See Manufacturer} ORD. N0.1410 Concrete Ready-Mix Plant Contractors (1) General (2) Engineering contractor (includes bridge, bulkheading, drainage, excavating, sewer construction, dredging, irrigation systems, pile driving, seawalls, sidewalk, street grading and paving and similar contract work (3) Structural and reinforced iron and steel (4} Subcontractors and others as listed: Concrete, stone, brick Electrical Heating and ventilating House movers Masons Plasterers Roofing Sheet metal and tinsmith Septic tank Tile Well drilling Floor sanding and f nishing Lathers Plumbers {S} Any person who shall accept orders to be engaged in the business of accepting orders or constructs on cost plus, fixed fee, stated sum, percentage basis or any combination thereof, or for compensation other than wages for doing work on or in any building or structure requiring the use of paint, stone, brick, mortar, cement, wood, structural steel or iron, sheet iron, metallic piping, tin, lead or any other building material; or to do any paving or curbing on sidewalks or streets, on public or private property, using asphalt, brick, stone, cement or wood or any combination; or to excavate for foundations or any other purpose, or to construct sewers, septic tanks, docks, drive piling, construct bridges, construct seawalls and bulkheads of any and all description; and who is engaged in the business of building, remodeling, repairing, razing or moving, whether it be by contract, fixed ORD. N0.14-10 fee or sublet, percentage or any combination thereof, or for compensation other than wages, shall be deemed to be a contractor within the meaning of this Chapter. Convalescent Home (not sanitarium) Ch. 440, Florida Statutes, zoning, State Department of Health and Rehabilitative Services regulations Costume, Clothing Rental Credit Bureaus Dairies (milk distributors, jobbers or creameries delivering milk) Each truck 8 8.5 7 Dance Halls Dancing Schools Data Processing {See Professional) Dealers in Secondhand Firearms This license shall be exclusive of all other license taxes. All secondhand dealers shall keep a permanent record of all purchase and sales, including dates, description of property purchased or sold, names and addresses of persons purchasing or selling them. Delicatessen Dental Supplies Dental Technician Laboratory Department Stores (See Merchants) Detective Agency Each location (state certificate) Distributor Dog and Pet Grooming Sale of supplies (See Merchants} Dressmaking, Hemstitching (no stock carried} Drugs, Retail Dealer (See Merchants) Dry Cleaning (See Laundries) ORD. N0.14-14 Electric Light and Power Companies Emigrant Agents Including any agent, solicitor or recruiter engaged in the business of hiring, enticing or soliciting laborers or emigrants. Employment Agencies Engravers or Lithographers Export or Import Companies Express Companies (Intrastate only) Exterminators (State certificate) Fertilizer Manufacturers--Mixing Plant Fire Extinguisher Sales, Service Fire and Wreck Sales When not conducted by bona fide business concerns previously established and doing business in the City), of undamaged goods of that firm having damage by fire or wreck, each sale. Fish or Poultry Market Fish Peddler (See Peddlers of merchandise) Fishing Tackle (See Merchants) Fishing Tackle or Gun Repair Florists or Dealers in Flowers, each Food Lockers--Cold Storage Fruit, Vegetable Stand Fumigating (See Exterminators} Furniture and House Furnishing {See Merchants} Gas Companies (1) Distributing and selling gas through pipelines (2) Selling bottled gas (3) Gas tank wagon delivery only Gasoline and Oil Distributors ORD. NO. 1410 Wholesale, storage Facilities in the City Golf Courses, Each Golf Driving Range, Each Golf Miniature, Each Guaranty or Surety Title Companies Guard, Patrol Service (See Detective Agency) Guns, Sales or Repair Need Federal firearms dealers license Harness and Saddlery (See Merchants) Home Occupation Hospitals, Sanitarium Hotels Per room, excluding kitchens and bathrooms ~ 6.37 Hypnotists Must meet requirements set forth in F.S. Chapter 456 Ice Cream Manufacturers Ice Cream Parlays Ice Cream Wagon or Truck, each } 126.41 Ice Manufacturing or Storage Import, Export {See Export) Insecticide Manufacturers or dealers Installers, Carpets Insurance Adjusters Insurance Agency For each company represented Insurance Baggage, each company represented 10 ORD. N0.141Q Insurance Casualty, life, hospitalization, industrial, burial, bonding and surety companies, each Interior Decorator Invalid and Hospital Supplies Jewelry Dealers buying and selling old gold, silver and other precious metals, or offer to buy and sell (permanent records of all purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling required}. Jewelry Repair Jewelry Store {See Merchants) Junk Shops or Dealers License required whether ox not sale ox purchase or both, ox solicitations are made Kennels, Animal (Approved location) Key Shop, Locksmith and Associated Services (See Merchants} Knife, Scissors and Tool Sharpener Landscape Company Laundry or Dry Cleaning Plant Agent for out of town laundries Local agency, permanent office Self-service Lawn Maintenance Lawn Spraying State Board of Health certificate Linen or Diaper Service Loan, Finance, Mortgage Company Lumber Dealers Lunch Stands, {Not over twenty-fve (25} chairs} 11 ORD. N0.14-10 Machine Shops (Not automobile) Mail Order Business Maintenance (Floor, home, office, building} Manicurist, each ~~ 75.94 Manufacturer Marble and Granite Works Massage Salon Masseur, Masseuse, each ~~ 75.94 Meats (See Butcher shop) Merchandise, Secondhand (See Secondhand dealers} Merchants, Druggists and Storekeepers Messenger Service (exclusive of telegrams) Mimeograph and Letter Shop Monuments and Tombstones Motion Picture Theaters Giving performances of moving pictures or other forms of entertainment. Movers (See Storage) Moving Company Musical Devices Operator of mechanically operated (whether operated in connection with or separate from any other business} License or tag must be displayed on each machine Musical Devices (Distributor) Music teachers Nails, Acrylic Shops (State certificate) Newspaper Publisher News Companies (Owners or managers of) Newsstands Owners or managers of, where daily and weekly newspapers or magazines, 12 ORD. N0.1410 postcards and the like are sold Night Clubs Restaurants, dining rooms or other establishments, whether floor show or other form of entertainment, exclusive of orchestra, is provided fox guests. Novelty Works {See Manufacturer} Nursery Shrubs, txees, plants or landscaping Nursing Home (See Convalescent home) Office Machine Repairs (See Repair shop) Oil (See Gasoline) Paint Manufacturer (See Manufacturer) Parcel Delivery Each vehicle X3-2 75.94 Pawnbrokers Peddlers of Merchandise (1}Not otherwise enumerated specifically herein, shall pay a license tax per day of, each person ~~ 25.36 {2) Peddlers who are not producers of the product they sell and who peddle from house to house the products of the farm, grove or waters, shall pay a license tax per day of, each person ~1-~-5 25.36 (3) Peddlers, hawkers or vendors engaged in the occupation of selling products such as fait, eggs and vegetables and farm products from wagon, push cart or other vehicle, shall pay a Iicense tax of, each vehicle (4) Peddlers, hawkers, vendors, agents ox solicitors soliciting business for out-of- townbusiness houses or enterprises not maintaining place of business in city, providing however that this provision does not apply to wholesalers dealing exclusively with retailers (S) Traveling stores, dry goods, groceries, clothing, boots and shoes Pet Shop or Grooming (See Dog and pet grooming} Photo Processing, Film Developing Photographers I3 ORD. N~.14-10 Piano tuners Picture Agents Plating with Metals Portable Toilets Postcard Stands (Only) Patata Chips (See Manufacturer} Print Shop or Publishing Private Postal Mailbox Private Schools (See Schools) Professional (1) The following practitioners are classed as professional, and each person engaged in the practice of this profession other than persons receiving only a salary or wage by a licensed practitioner in this City, is required to pay a professional local business tax: Accountants and auditors Architects Architects, landscaping Attorneys and lawyers Business consultant Chemists Chiropractors Chiropodists Data processing Dentist Draftsman Engineers, civil, consulting Interior Design Opticians Optometrists 14 ORD. N0.1410 Osteopathic physicians Physicians Psychiatrists Research laboratory or office, for prof t Surgeons Tax consultant Veterinarians or veterinary Other professions not classified {2} For each person operating with the person licensed in the preceding clause, other than the professional employees Property Management Promoters Entertainment, sports or contests Public Hail far Hire Public Stenographer Publishing Company Books, directories and the like Radio Communications Radio Repair Shop (See Repair Shops) Railroad Companies, each Real Estate Agency or Broker Recording Studio Reducing Salon Rental Equipment (All types) Repair Shops, each Repairs from Truck ar Other Vehicle Restaurants (If dancing permitted, see Night clubs) Cafes and public eating places (whether food is served in connection with or separate from other business, except dining roorn.s in connection with hotels) 15 ORD. NO.14-10 Retirement, Rest Home {See Convalescent home) Rinks (Bicycle, skating or other) Roof Trusses (Se Manufacturer) Sawmill Yard Schools Secondhand Dealers (1) In goods, wares and merchandise, secondhand or otherwise, known as secondhand dealers exclusive of firearms. (See Dealers in secondhand firearms and secondhand clothing) (2) All secondhand dealers shall keep a permanent record of alI purchases and sales, including dates, description of property purchased and sold, names and addresses of persons purchasing or selling them. (3) However, the business shall be adequately housed inside a substantial store building and provided that before any person shall sell or be engaged in the business of selling goods, wares, merchandise or other personal property, the sales being advertised as bankrupt, insolvent, insurance, assignee, trustee, auction, syndicate, railroad or other wreck, wholesale, manufacturer's or closeout sale, or as goods damaged by smoke, fire, water or otherwise, the person shall file an application with the Commission, which application shall be passed on by the Commission and a license tax paid. Secretarial Service Seed stares (Wholesale and Retail) (See Merchants} Ship Brokers Shoemaker and Repairs Shooting Gallery Sign Painters Commercial but not erecting Soda or Mineral Water Fountains Solicitor (See Peddlers of Merchandise} Sporting Goods (See Merchants) Stamp or Old Coin Dealer Storage Warehouse or Room 16 ORD. N0.1410 Tailors Tanning Salon Tattoo Salon Tax Agency (See Professional) Taxidermist, or agents for In addition to other license Taxis First vehicle X8126.63 Each additional vehicle F~9 63.21 Telegraph Companies Telemarketing Telephone Answering Service Telephone Solicitation (See Sections 118.40 through 118.45} Telephone Systems and Companies Intrastate business only Temporary Business Receipts {1}Business temporarily located inside enclosed shopping mall; thirty (30) days only {no extensions) ~~ 75 94 {2) Special events, no more than once annually {if under three (3) days), as approved by Commission (each license, not otherwise enumerated herein) No fee {3} Special events, no more than once annually {in excess of three {3} days), as approved by Commission (each license, not otherwise enumerated herein) ~2 75.94 Temporary Holiday/Vendors ~2 75.94 Termite Control Companies Theatrical Directors Who charge for services in directing local talent plays or performances, each performance Theatrical or Dramatic Groups or Companies For profit, where performance is not given in local, licensed theater, each performance 17 OftD. N0.14-10 Tawel, Diaper, Uniform Supply Company Towing Service (See Automobile) Trade Schools Trading Starrip Campanies Trailer Park Trailer, Truck Rental Travel Bureaus Tree Pruner {Must have insurance) Trucks Motor driven, also doing freight transportation, hauling or transfer business for profit, except where other licenses axe paid in conducting business, each. (Does not apply to trucks owned by the city, county or state) U Drive-It Cars {See Automobile} Undertakers, Embalmers and Funeral Directors Unifarm Supply (See Towel, diaper, uniform supply company} Uphalsterer Vending Machines (See Automatic trade machines} Venetian Blinds Repair, installation and associated services Vulcanizing Each place of business Watch Repair Water (Sold in bottles} (See Bottling works) Water Companies Persons operating same Water-Softening Service Weight Clinic Weighing Machines (See Automatic trade machines) Wheelchair Rental (See Invalid) 18 ORD. NO.1410 Window Cleaning Window Tinting Wood Yard Wrecker Service (See Automobile) Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward 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 ar part (hereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective ixrnr~diately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. ATTEST: City Clerk First Reading Second Reacting MAYOR 19 ORD. N0.14-10