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10-05-10 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, October 5, 2010 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than 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 on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. 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 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. September 13, 2010 -Workshop Meeting B. September 13, 2010 -Special Meeting C. September 20, 2010 -Workshop Meeting D. September 20, 2010 -Impasse Hearing E. September 21, 2010 -Regular Meeting 6. PROCLAMATIONS: A. Florida City Government Week -October 17-23, 2010 B. Healthy Mouth Healthy Body Day -October 27, 2010 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. RESOLUTION NO. 56-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/220 NORTH DIXIE BOULEVARD): Approve a tax exemption request for eligible improvements to the property located at 220 North Dixie Boulevard within the Del Ida Park Historic District, and approve Resolution No. 56- 10. B. ACCEPTANCE OF A RIGHT-OF-WAY DEED AND HOLD HARMLESS AGREEMENT/215 N.E. 5TH AVENUE: Approve and accept aright-of--way deed for a two foot additional alley right-of--way and a Hold Harmless Agreement for a landscape island associated Krystal Kleen Coin Laundry located at 215 N.E. 5th Avenue. C. RESOLUTION NO. 57-10: ABANDONMENT OF RIGHT-OF-WAY FOR DELRAY ELEVEN: Approve Resolution No. 57-10 abandoning a portion of a 16' north-south alley within Block 11, Osceola Park, located midway between S.E. 7th Street and S.E. 6th Street, for Delray Eleven. 1. ACCEPTANCE OF AN EASEMENT DEED/DELRAY ELEVEN: A~rove and accept a 16 water and sewer easement deed within Block 11, Osceola Park, located midway between S.E. 7th Street and S.E. 6th Street, for Delray Eleven. D. CONTRACT CLOSEOUT (CHANGE ORDER NO. 2/FINAL)/ H & .T CONTRACTING, INC.: Approve a Contract Closeout (Change Order No. 2/Final) in the amount of a $2,565.03 decrease and final payment amount of $45,460.00 to H & .T Contracting, Inc. for the completion of Old School Square Park Phase I Project. Funding is available from 334-4151-572-63.59 (General Construction Fund: Improvements Other/Old School Square Park Improvements 441-5161-536-63.90 (Water/Sewer Fund: Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund: Other Improvements). E. CONTRACT CLOSEOUT (FINAL PAYMENT)/THE GUARANTEE COMPANY OF NORTH AMERICA: Approve a Contract Closeout and Final Payment in the amount of $135,623.24 to The Guarantee Company of North America, the surety for H & D Construction Company, Inc., for the S.W. 14th Avenue Roadway, Alleys & Drainage Improvements project. Funding is available from 334-3162-541-68.05 (General Construction Fund: Other Improvement/S.W. 14th Alley Improvements), 448-5461-538-68.25 (Storm Water Utility Fund: Other Improvement/ S.W. 14th Avenue- S.W. 2nd to S.W. 1St) and 101-1969-541-68.25 (ARRA Economic Stimulus FD: Other Improvement/S.W. 14th Avenue- S.W. 2nd to S.W. 1st F. RESOLUTION NO. 58-10: Approve Resolution No. 58-10 assessing costs for abatement action required to remove nuisances on eight ~) properties throughout the City G. RESOLUTION NO. 59-10: Approve Resolution No. 59-10 supporting the Let's Move campaign. H.INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/11. I. AMENDMENT TO THE LICENSED USER AGREEMENT/ TICKETMASTER L.L.C.: Approve an Amended Licensed User Agreement between the City and Ticketmaster L.L.C. for the resale of tickets for events at the Tennis Stadium. J. ANNUAL PROGRESS REPORT/FLOODPLAIN MANAGEMENT AND MITIGATION PLAN: Approve the Annual Progress Report on the Floodplain Management and Mitigation Plan for submittal to the Insurance Services Offices. K. SERVICE AUTHORIZATION/GIL VALDES, INC./HOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve a Service Authorization with the vendor Gil Valdes, Inc., to increase funds in the amount of $15,000.00 for Home Inspection Professional Services to continue activities required under the Neighborhood Stabilization Program (NSP) contingent on approval by the Florida Department of Community Affairs. Funding is available from 118-1935-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation) and 118-1934-554-49.14 (Neighborhood Services: Other Current Charges/Acquisition Rehabilitation). L. D.U.I. GRANT AWARD/FLORIDA DEPARTMENT OF TRANSPORTATION: Approve acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $33,523.00 for funding for the Police Department's Driving Under the Influence (D.U.LZprogram. Funding is available from 001-2115-521-12.10 (General Fund: Regular Salaries/Wages~ M. GRANT AWARD/DEPARTMENT OF ENERGY/ LOCAL ENERGY ASSURANCE PLAN (LEAP): Approve and accept the Local Energy Assurance Plan (LEAP rant from the Department of Energy in the amount of $130,000.00 which will provide funding for energy assurance planning and training. N. FIRST AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the First Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1St Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of six months. O. SPECIAL EVENT RE~UEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 30, 2010 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.60 for the rolling closure of Atlantic Avenue from N.E. 2nd Avenue to Veterans Park, and staff support for traffic control and security contingent on the receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 25, 2010. SPECIAL EVENT RE~UEST/HOLIDAY PAGEANT PARADE:Approve a special event request to endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 11, 2010 beginning at approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street to N.W. 1st Avenue for the parade route and Lowery, Andrews and Atlantic for parade set up from approximately 4:00 p.m. to 6:00 p.m.~ and to provide staff support for traffic control, security, EMS assistance, barricading, trash removal, clean u~ event signage and processing of the FDOT street closure ep rmit• Q. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2010 through October 1, 2010. R. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Ovivo USA, LLC in the amount of $46,639.00 for removing and rebuilding the drive motor assembly on Clarifier #1 at the Water Treatment Plant. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Other Machinery/Equipment). 2. Purchase award to Cartegraph Systems, Inc. in the amount of $33,650.00 for licensing installation and training for the WORKdirector work order module of the Cartegraph asset management system. Funding is available from 441-5161- 536-66.10 (Water & Sewer Fund: Books/Publications/Software 3. Purchase award to GameTime, a Playcore Company in the amount of $77,992.19 for purchase and installation of a playground system at the Delray Beach Family Recreation & Fitness Center site. Funding is available from 334-4184-572-68.44 (General Construction Fund: Other Improvement/Family Recreation Playground Area . REGULAR AGENDA: A. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DECISION/ NEW CENTURY COURTYARDS: Consideration of an appeal regarding the Site Plan Review and Appearance Board's decision approving New Century Courtyards located on the west side of South Federal Highway, 320' south of S.E. 10th Street. (Quasi-Judicial Hearing~(The a~~licant has withdrawn this item) B. WAIVER REQUEST/928 SEASAGE DRIVE: Consider a waiver request to reduce the sight visibility triangle requirement from ten feet (10') to two feet (2') for a clear line of sight between three feet (3') and six feet (6') within the area formed along both sides of the driveway intersecting the property line at 928 Seasage Drive, a proposed new single family residence within the North Beach/Seagate Overlay District. (Quasi- Judicial Hearin) C. TEMPORARY PARKING LOT/36 S.E. 2nd AVENUE: Consider approval of a temporary parking lot at 36 S.E. 2nd Avenue, located on the west side of S.E. 2nd Avenue, between East Atlantic Avenue and S.E.1st Street. (Quasi-Judicial Hearing D. CERTIFICATE OF APPROPRIATENESS AND SITE PLAN EXTENSION REQUEST/WAIVER REQUEST/36 S.E. 1st AVENUE: Consider a request to extend the certificate of appropriateness and site plan for twenty-four (24) months and a waiver request to Land Development Regulations (LDR) Section 4.5.1(E~(8)(a)3.a, "Upper Story Height" to allow an increase of the maximum upper story height from twelve feet (12') to fourteen feet (14') for the property located at 36 S.E. 1st Avenue. (Quasi-Judicial Hearing E. WAIVER REQUEST/511 SOUTH OCEAN BOULEVARD: Consider a waiver request to reduce the required sight visibility triangle from 10' to 4'2" for a clear line of sight between three feet (3') and six feet (6') in the area formed along both sides of the driveway intersecting the property line at 511 South Ocean Boulevard for a proposed new single family residence within the Ocean Overlay District. (Quasi- judicial Hearing) F• WAIVER REQUESTS/57 S.W. 5TH AVENUE PUBLIC PARKING LOT:Consider three waiver reduests: to allow 23 feet where 24 feet minimum aisle width is required, to allow zero feet (0) to three feet, four and one half inches (3 41/2 )landscape buffer where five feet (5) is required, and to allow seven feet (7) where twenty feet (20) of stacking is required for 57 S.W. 5th Avenue Public Parking Lot. (Quasi udicial Hearin G. CONDITIONAL USE REQUEST/GERMAN AUTO WORLD, INC.: Consider a conditional use request to allow establishment of an automobile body, paint and repair shop for German Auto World, Inc. to occupy 9,075 sq. ft. of a multiple tenant building fronting on West Atlantic Avenue and a 4,848 sq. ft. existing warehouse building located in the rear, at 2175 West Atlantic Avenue. (Quasi Judicial Hearing) H. REQUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE SITE: Consider approval of a request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square. I. PARKS AND RECREATION FEES:Consider approval to change facility and field fees for Parks and Recreation for FY 2010-2011. OFFER AN EARLY RETIREMENT INCENTIVE FOR MEMBERS OF THE GENERAL EMPLOYEES PENSION PLAN: Consider approval to offer the early retirement incentive to members of General Employees Pension Plan. K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one ~) regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3~ L. APPOINTMENT TO THE HISTORIC PRESERVATION BOARD: Appoint one (1) regular member to the Historic Preservation Board to serve unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Mayor McDuffie (Seat #5Z 10. PUBLIC HEARINGS: A. ORDINANCE NO. 23-10 (SECOND READING/SECOND PUBLIC HEARING):Consider a city initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units, amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D~ "Conditional Uses and Structures Allowed", Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use, and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". B. ORDINANCE NO. 25-10 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) by amending Section 4.3.3, "Special Requirements For Specific Uses", Subsection ~), "Family Day Care" and enacting a new Subsection (TTY "Large Family Child Care Home", amending Subsection (C~ "Accessory Uses and Structures Permitted" and Subsection (D~ "Conditional Uses and Structures Allowed" of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL~ District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", amending Section 4.4.9, "General Commercial (GC) District", Subsection (G~ "Supplemental Regulations", Sub- subsection ~), Four Corners Overlay District, amending Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District", Subsection (C~ "Accessory Uses and Structures Permitted" and Subsection (E~ "Conditional Uses and Structures Allowed", in order to update the Land Development Regulations (LDR) to comport with changes in state law, amending Appendix A, "Definitions", to revise the definitions of "Child Care Facility" and "Family Day Care Facilities" and enacting a new definition, "Large Family Child Care Home". If passed, a second public hearing will be held on October 19, 2010. C. ORDINANCE NO. 35-10 (FIRST READING/FIRST PUBLIC HEARING):Consider a city initiated amendment to Land Development Regulations (LDR) replacing several references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". If passed, a second public hearing will be held on October 19~ 2010. D. ORDINANCE NO.36-10 (FIRST READING/FIRST PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations (LDR) Section 4.3.3 (LLLL~ "Pharmacies", to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". If passed, a second public hearing will be held on October 19, 2010. E. ORDINANCE N0.31-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", by amending Section 35.014, "Preferential Bonus Points", in order to update the City's Code. ORDINANCE NO. 33-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.089, "Definitions", to provide revised definitions of "Final Monthly Compensation" and "Normal Retirement Date"; amending Section 35.095, "Contributions of Participant and City", Subsection (A~ "Participant's Contribution Account", to provide for a change in the contribution amount, amending Section 35.097, "Retirement Income, Basis, Amount, and Payment", Subsection (A~ "Normal Retirement Income", to change the normal form of retirement to life annuity amending Subsection (C~ "Disability Retirement and Retirement Income", Paragraph ~), Subparagraph (A~ "Monthly Income Payable", Sub-subparagraph (1~, "Service-Connected Disability", to modify disability average monthly earnings; amending Subsection (D~ "Benefits Other Than on Retirement", Paragraph (2~, "Benefit Payable in the Event of Participating Employee's Death On or Before the Normal Retirement Date", Subparagraph (A~ "Death Benefit--Service-Connected Death", to modify the monthly income General Employees Pension. 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 N0.34-10:Consider a city initiated amendment to the Land Development Regulations (LDR) Section 2.4.7(G~ "Requests for Accommodation" procedures. If passed, a public hearing will be held on October 19, 2010. B. ORDINANCE NO. 37-10: Consider a city initiated amendment to the Land Development Regulations (LDR) Section 6.3.3., Sidewalk Cafe amending the regulations. If Passed, a Public hearing will be held on October 19, 2010. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING SEPTEMBER 13, 2010 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Monday, September 13, 2010. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Robert A. Parcinski, Assistant City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. 1. COMMUNITY REDEVELOPMENT AGENCY (CRA) FY 2010-2011 WORK PLAN AND BUDGET Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA) introduced Howard Lewis, Poard Qzair; Lori Hayward, Finance Director; Jeff Costello, Assistant CRA Director and Francisco Perez-Azua, Economic Development Director. She conducted a PowerPoint presentation of the Fiscal Year 2009 /2010 CRA work plan and the preliminary work plan for FY 2010/2011. Ms. Colonna described the accomplishments of the CRA for FY 2009-2010 to date and progress on upcoming projects. Ms. Hayward explained the FY 2011 budget. Mrs. Gray asked about the Incubator program and the Creative City Collaborative in regards to timing and budgeting. In addition, she asked if there is a plan for NE 31~d Avenue as well as parking lots and the G ateway Feature. Mr. Eliopoulos asked if there was a column list of monies that have been spent east of Atlantic Avenue, Central Comdor and West Atlantic. He stated the CRA should find money to finish the Gateway Feature. In additiony he asked about the cluster study. Mr. Fetzer stated the CRA has a difficult job as like the Commission regarding revenues and budgets. He commented that prioritizing is extremely critical. He thinks the CRA Poard has done a good job trying to balance everything He stated the Delray Peach Community Redevelopment Agency is a model for the state. He supports what the CRA is doing. September 13, 2010 Mr. Eliopoulos echoed what Mr. Fetter's comments and stated there have been some smart decisions. Mrs. Gray asked about trade school. Mr. Frankel thanked everyone for the presentation He stated the CRA always tries to help the city out. Mayor McDuffie thanked the CRA as we1L He feels we are not telling the story well enough regarding West Atlantic Avenue. Howard Lewis, Board Q-iair, spoke on behalf of the CRA and its staff. 2. DISCUSSION FY 2010-2011 BUDGET OPTIONS Mr. David T. Hardery City Manager, stated there are only five (5) minutes until the Special Meeting and asked if Commission had any questions regarding the budget before moving into the Qzambers. He stated he will do the presentation he had planned for the workshop in the Qzambers. Mayor Nelson S. McDuffie adjourned the Workshop Meeting at 6:55 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Monday, September 13, 2010, which Minutes were formally approved and adopted by the City Commission on September 13, 2010 City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. September 13, 2010 SPECIAL MEETING SEPTEMBER 13, 2010 A Special Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Qzambers at City Hall at 7:00 p.m., on Monday, September 13, 2010. Roll call showed Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Robert A. Parcinski, Assistant City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk Mayor Nelson S. McDuffie called the special meeting to order and announced that it had been called for the purpose of considering the following Items. 1. RESOLUTION NO. 49-10 (,TENTATIVE MILEAGE LEVY A resolution tentatively levying a tax on all properties within the City of Delray Peach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2011. The caption of Resolution No. 49-10 is as follows: A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY PEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO TENTATIVELY LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON PONDED INDEPTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 49-10 is on file in the City Qerk's office.) A public hearing was held having been legally advertised incompliance with the laws of the State of Florida and the Qzarter of the City of Delray Peach, Florida. Mr. Prian Shutt, City Attorney, stated the tentative operating millage rate is 7.4100 which is 8.93% below the rolled back rate of 8.1366. September 13, 2010 Mr. David T. Hardery City Manager, stated he would like to update the Commission on where ~ are with the budget at this point. He stated the projected revenues at the 2010 millage rate of 7.19 are $92,905,790; and at the tentative rate of 7.41, the revenues are $94,216,610. Each one- tenth (1 /10) of a mil equals $595,830. He reiterated that Commission cannot increase the millage rate at this point but can reduce the rate further this evening or at the meeting on September 21, 2010. He stated what is needed at this time to get to 7.19 mils is $3,800,000 and to get to 7.41 mils is $2,688,000. He discussed the monies that would go to the Community Redevelopment Agency (CRA) at both n:lillages; and informed Commission of various options for reducing the budget. Mayor McDuffie declared the public hearing open. Steve Blum, Antilles Homeowners Association Venetian Drive asked about the items that are being presented and stated we have two (2) or three (3) weeks to go before this is finalized He asked why this has not been worked on for six (6) or eight (8) months; and can collective bargaining be done now to reduce costs or is this a done deal. The City Manager explained contracts, pensions and VEDA regarding the Police Department and Fire Deparhment. He suggested a chart to give the public some idea of what really can be done. The City Manager stated staff has been working on the budget since February or March. Christina Morrison Pearce, Financial Review Board, stated Mr. Harden is her rock star and that Mr. Blum is not aware of all that Mr. Harden has done to cut the budget over the year. She urged Commission to look at pension fund changes for new and future employees. She asked about rearranging staffing for the non peak season and asked about dispatch and what we pay to the county for dispatch Mr. Harden explained how county fire dispatch works and stated we lost the lawsuit regarding this. Ron Hawke, a resident for 50 years and lives in Andover, discussed his taxes and stated he does not have a pension plan. He discussed civil service. He asked Commission to keep in mind what small businesses are going through. He stated there has to be some cuts and hard decisions. Mts. Gray asked about the impact of the freeze on the Assistant City Attorney position. Mr. Brian Shutt, City Attorney discussed the workload of his staff. He stated response times may not be as fast as they were in the past. He stated it is something they can work through In addition, she asked Mr. Harden to explain the difference between what can or cannot be done regarding the Police Department, Fire Department and general employee pension plans. The city manger explained the difference between the plans. She is in support of what Mr. Harden has proposed regarding the budget. Mr. Frankel asked how much will come from reserves. The city manger stated 1.5 million will come from reserves for capital projects. Mr. Frankel stated going through the list was very difficult and there was a large effort on behalf of staff but he would like to see more cuts to get the budget down to 7.19 mils. He stated any perception that efforts are not being done is incorrect in his opinion Mr. Fetzer stated that he agrees with most of the public comments. He stated he was pleased to see more alternatives presented this year than in the past. September 13, 2010 He recognizes that several of the issues require collective bargaining and stated he thinks ~ have an obligation to hold the line on properly taxes this year and he will not support increasing the millage rate over last year's rate of 7.19. He feels we have enough alternatives to make that happen. Mr. Eliopoulos stated he agrees with Mr. Frankel and Mr. Fetzer. He stated you start to learn a lot about the process after having been in office for a number of years. He stated we have a lot more options this year. Collective bargaining is always tough. He stated with regard to working on those numbers for collective bargaining, he is wemed about tapping into reserves and that general employees will take the bigger hit. Mr. Eliopoulos commented about the 3% match Mr. Harden stated there is a difference with collective bargaining between the public and private sectors. Mr. Eliopoulos stated he does not support deleting the increase in Fire Station No. 2 Staffing or closing down the Swim and Tennis Club pools. He agrees that we need to set the millage rate at 7.19. Mayor McDuffie stated staff has done a great job this year versus last year. He stated some of the cuts we cannot impose immediately. He asked about reserves. Mr. Harden discussed how we plan to approach collective bargaining. Mayor McDuffie echoed what Mr. Frankel stated regarding the tremendous input from employees and stated staff has done a great j ob. This has been a much better budget year. He discussed properly values and stated this makes their j ob more difficult and cuts a bit more dramatic. We should not be imposing tax increases upon anyone and he wants to strive to get down to 7.19 mils. Mrs. Gray asked if the sheet of recommendations by Mr. Harden is this the way we propose to get to 7.19 mils. Mayor McDuffie stated if everyone could agree on the sheet tonight then Commission can vote on it. Mr. Fetzer stated we set a prelirrtinaty millage rate of 7.41 because of our deadline with the county and this was misinterpreted by residents as what Commission had settled on and that was not the case. That particular rate was a not to exceed rate that we can lower up until September 21, 2010. He stated he is ready to set the bar at 7.19 mils tonight. Mr. Fetzer moved to approve the tentative millage rate at 7.19 mills, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mts. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0. 2. RESOLUTION NO. 50-10 (TENTATIVE MILEAGE LEVY/DDA~ A resolution tentatively levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2011. The caption of Resolution No. 50-10 is as follows: September 13, 2010 A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, TO TENTATIVELY LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT OF THE CITY OF DELRAY PEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 50-10 is on file in the City C1erKs office.) A public hearing was held having been legally advertised incompliance with the laws of the State of Florida and the Qzarter of the City of Delray Peach, Florida. Prian Shutt, City Attorney, stated the proposed tentative millage rate of 1.0000 for the Downtown Development Authority (DDA) is 10.04% below the rolled back rate of 1.1116. Mayor McDuffie declared the public hearing open There being no one from the public who wished to address the Commission regarding Resolution No. 50-10, the public hearing was closed Mr. Eliopoulos moved to approve Resolution No. 50-10, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0. 3. RESOLUTION NO. 51-10 (TENTATIVE BUDGET ADOPTION FOR FY 2011 A resolution tentatively making appropriations of sums of money for all necessary expenditures of the City of Delray Peach for the period October 1, 2010 through September 30, 2011. The caption of Resolution No. 51-10 is as follows: A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, MAKING TENTATIVE APROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY PEACH FOR THE PERIOD FROM THE 1ST DAY OF OCTOPER, 2010, TO THE 30TH DAY OF SEPTEMBER, 2011; TO PRESCRIPE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 51-10 is on file in the City C1erKs office.) September 13, 2010 A public hearing was held having been legally advertised incompliance with the laws of the State of Florida and the Qzarter of the City of Delray Seach, Florida. Mr. Fetzer asked if this could be approved tonight and he anticipates that we will make other line item changes to the budget. The City Attorney provided direction regarding the adoption of the budget. Mayor McDuffie declared the public hearing open. A person from the audience inquired about property taxes. Mayor McDuffie provided an explanation. There being no one else from the public who wished to address the Commission regarding Resolution No. 51-10, the public hearing was closed Mr. Eliopoulos moved to approve Resolution No. 51-10 as recommended by Mr. Harden subject to further adjustments to the budget to get to 7.19 mils, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0. Mayor Nelson S. McDuffie adjourned the Special Meeting at 7:59 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Monday, September 13, 2010, which Minutes were formally approved and adopted by the City Commission on September 13, 2010 City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. September 13, 2010 WORKSHOP MEETING SEPTEMBER 20, 2010 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the Comrnis.5ion Q-iambers at City Hall at 6:00 p.m., on Monday, September 20, 2010. Roll call shoed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk Mayor Nelson S. McDuffie called the werkshop meeting to order and announced that it had been called for the purpose of considering the following Item. WORKSHOP MEETING AGENDA 1. DISCUSSION FY 2010-2011 BUDGET OPTIONS Mr. David T. Harden, City Manager, stated last Monday at the budget hearing Commission decided to set the millage rate at 7.19; and that means we need roughly $3,854,000.00 in additional reductions or revenues to balance the budget at that millage rate. He referenced some of the options he recommended and stated a number of them require bargaining. He discussed VEDA, pension plan changes, possibly returning police to an 80 hour/2 week schedule, instituting an alarm registration fee and other proposed fee increases. He reported that the Delray Peach Athletic Qub (DPAC) has proposed to conduct the maintenance for the soccer complex He stated there are still details to work out but that would save enough money so that we will not have to have a fee for youth sports; and still be able to balance our budget without that. He stated we may want to still have fees for out-of-town leagues and users of our facilities, etc. Commission asked about the maintenance costs for the soccer complex. Mr. Harden stated there are some other options regarding the budget and informed Commission about what has been done. He stated the purpose of the work session this evening is to discuss these various options and make some decisions about how Commission weuld like staff to move forward Mr. Fetzer asked which items were already taken into account. Mr. Eliopoulos agrees we should look at out-of-town and tournament fees, etc. He stated we are not laying off anyone or doing furloughs at the moment. Hower, he stated he needs to know more about what Commission is voting on As far as the pension plan changes, he stated he does not know how this would affect someone in the city; and asked Mr. Harden to give an example. Mr. Eliopoulos asked about the 5.5% employee contribution Mr. Joe Safford Finance Director, explained the changes to the pension plans. In addition, Mr. Eliopoulos asked about the 3% match Mrs. Gray asked for an explanation of Kelly Days and Fire Station No. 2 staffing Mr. Fetzer stated he agrees with Mr. Harden s recommendations on the first sheet as a starting point. He stated it is a good outline and he supports it and thinks the city manager should Dave some flexibility. Mayor McDuffie asked how v~ come to the $1,000,000.00 regarding Police and Fire; and stated that we have to open up the remaining options to substitute for anything that v~ cannot make happen. Mr. Eliopoulos stated v~ have to go through things and understand what is being suggested He is willing to compromise on the 3% match but at the same time would like to give employees their 1% bads and would like to see staffing for Fire Station No. 2. Mr. Eliopoulos stated he is nervous that we may have to go deeper into reserves. Mr. Fetzer stated the civil service employees have not received a pay raise in two years and stated if the adjustments can be made regarding the budget; he supports the city manager's recommendation of the 1% raise. Mrs. Gray asked what the direction of the Commission is. Mayor McDuffie stated there are recommendations on the first page to get to 7.19 mils. He stated he concurs with Mr. Fetzer and feels the city rrtiulager should be allo~d to move into the additional options to get to the same amount of reductions. Commission continued discussion regarding the budget. Mr. Fetzer asked Mr. Harden if Commission has given enough direction. Mr. Harden stated he feels he has enough direction to proceed forward He stated the budget that will be presented to Commission tomorrow night is based on what has been discussed Mayor McDuffie adj oumed the Workshop Meeting at 8:02 p.m. City Clerk ATTEST: MAYOR September 20, 2010 The Lmdersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Special/Workshop Meeting of the City Commission held on Monday, September 20, 2010, which NTinutes wire fom-ially approved and adopted by the City Commission on October 5, 2010. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. September 20, 2010 IMPASSE HEARING September 20, 2010 A Public Impasse Hearing between the Police Benevolent Association and the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Q-iambers at City Hall at 5:00 p.m., on Monday, September 20, 2010. Roll call shod: Present - Commissioner Gary P. Eliopoulos (amved at 5:54 p.m.) Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta Gray Mayor Nelson S. McDuffie Also present ~re - David T. Hardery City Manager PrianShutt, City Attorney Chevelle D. Nubin, City Qerk Mayor McDuffie called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. City Commission Hearing for Resolution of Impasse between the City and Police Penevolent Association (PPA) Leonard A. Carson, Attorney, Carson & Adkins, Special Labor Counsel to the City of Delray Beach, stated the process the parties have been going through so far is that they have been negotiating at the bargaining table and reached impasse over wages. Both parties presented their cases to a Special Magistrate who was selected from a panel submitted to us by Public Employees Relations Commission (I'ERC). The special magistrate issued a recommended decision which was rejected by the city. He discussed Delra~s Mini Perc who is obligated to follow the rules and regulations of the state. He stated it is important to give all parties ample opportunity to present their case. He stated the final decision Commission makes tonight will be the resolution of the case. He called attention to the laws stating the City Manager is required to present his reasons for why he rejects the magistrate's recommendation He sumrnc~rized these: reduced tax revenue and increased expel-~ses: foremost among this is pension costs. Mr. Carson stated one of the items that the magistrate called into attention was the cost of the midnight step increase. He continued to discuss this item as well as the doctrine of status quo, wage freezes, the pay increases given to Lieutenants and Captains, compression and the special magistrate's recommendations. During this time, he referenced pages 3, 8, 9,10 and 13. Mr. Frankel asked what is the cost going forward and does this take into consideration officers possibly going from 84 to 80 hoots. He stated that it seems the standard position is that there is an unbiased neutral magistrate that made a decision He asked Mr. Carson if he is saying the magistrate is wrong. Mr. Carson discussed Mr. Young s qualifications and stated he feels Mr. Young misunderstood the tables and misapprehended the issue of why a municipality would find it necessary to elevate lieutenants and captains to avoid compression and going back to 2008, why it was necessary to do this before increases were frozen Mr. Frankel asked why Mr. Carson did not make Mr. Young understand the chart during his presentation. Mts. Gray asked if the amount of $568,000 includes a 5% increase; and would this be for each year. Mayor McDuffie asked Mr. Carson to describe Mini Perc. Mr. Carson discussed the NTini-Perc, Collective Bargaining Law -Chapter 447, Florida Statute and j urisdiction. Mr. Fetzer stated he will reserve his comments/questions Lentil both parties have presented Mayor McDuffie inquired about the $2,000 increase at the end of the year. Mr. Gary Lippman, Counsel for the Police Penevolent Association, stated ~ have a decision by a Special Master who reviewed the arguments of the parties and the figures that ~re submitted and came to the conclusion that what the officers offered were reasonable under the circumstances. He discussed Mr. Carson s reference to this midnight step increase and commented about the Icu~guage. He stated the officers demanded a wage freeze and the wages have been frozen since October 1, 2009 and will probably be frozen until September 30, 2010. He mentioned status quo and stated the bottom line is that none of the officers have received an increase to their wages. He stated the pay plan agreed to was if you performed satisfactorily you may earn an increase without exception by September 30~. He stated 365 anniversary dates have come and gone and the police officers and sergeants mere the only city employees who will have been frozen for the entire year. He stated the city rejected that offer. Mr. Lippman discussed a challenge as mentioned by Mr. Carson He stated he hopes Commission has read what was presented to them. He stated the special master had questions about the numbers. He also discussed Mr. Young and stated Mr. Young was off guard that what was at impasse was the officers offer to be frozen for the year. He stated the special master concluded that the cost had not been established but that the cost is not $568,000. He referenced an impasse hearing for West Palm Beach He discussed Ms. Tumer and stated Mr. Joe Safford, Finance Director, testified on behalf of the city, stated the figure was based on three benefits: 5% step on 9 /30 /2010, to add 2% across the board to every step and another 5% step. Mr. Lippman discussed the special master's recommendations. He stated the Commission s objective is to detemline what is fair and in the best interest of the public as ~ne11 as employces. He discussed the city manager's resolution, employee morale, Exhibits 2, 3 and 4 and the second page of the Foster and Foster report. He discussed a worksheet presented by officers and poster board exhibits with crime statistics. September 20, 2010 Mr. Fetzer asked if this is approved tonight do we Dave a contract. Mts. Gray asked if Mr. Lippman stated a retiree will get paid more in retirement that he did when he worked here. Mr. Frankel thanked Mr. Lippman and asked him to discuss the special magistrate's background Mr. Eliopoulos asked how Mr. Lippman felt about the agreement with the lieutenants. Both Attorneys gave rebuttal. Mr. Frankel stated he is confused about Mr. Carson s interpretation of the special magistrate's review of the chart. He stated it is incredible that Mr. Carson was not at the hearing. Mr. Eliopoulos asked why Mr. Carson was not at the hearing. Mts. Gray stated general employees have not received an increase in two (2) years and asked why we have not come to an agreement in the last year. She stated she is uncomfortable allocating funds that we may not have. Mrs. Gray asked how this will affect us in the future. The city manager discussed the millage rate, budget and the $568,000. Mayor McDuffie asked someone to address the assertions on this list regarding retirees. The city manager stated people have been retiring throughout the year and the list has not been constantly updated Mr. Lippman commented regarding the list, special magistrate, pensions and VEDA. Mr. Carson stated the statutes spell out the roles of officials. Mr. Fetzer stated he is not clear on the procedure used to settle on who is the special magistrate. Mr. Frankel stated he has been thinking about this for the last week He stated everyone always says how great our Police Departtr~ent is. He discussed the special magistrate's decision and stated he needs information to want to reverse his decision Mr. Frankel inquired as to how to state the motion. Mr. Brian Shutt, City Attorney, provided direction to the Commission regarding the format for making motions. Mr. Frankel stated there was no evidence presented that the special magistrate was incorrect. He stated he votes with the special magistrate's decision. September 20, 2010 Mr. Fetzer stated he respects our Police D~zt and Delray Seach is not unique in going through the financial times ~ are going through right now This is all over the state and country. He believes ~ ~re adequately represented at the hearing. He discussed the special magistrate's reports and stated he saw several inconsistencies and errors. Mr. Fetzer stated the Commission s role is to make a final decision on this. He mentioned the $568,000 and stated he does not understand why ~ cannot agree on the numbers. He stated he supports the city manager's position on this. Mts. Gray stated she will have to go with the city manager's recommendation. She stated she does not believe ~ should fund something now that ~ do not know how it will affect us future. She stated general employees have been without a raise as well. Mr. Eliopoulos stated you do what you have to do to survive in this environment and economy. He stated he remembers the 80's and 90's and Delray has changed He stated ~ are all in this together, discussed the budget and stated he feels general employees will take the hit. He stated ~ have tried to do the right thing by not laying off anybody and making pay cuts. He stated he is voting what is right for the community as a whole. Mr. Eliopoulos stated he will be going tonight with the city manager's recommendation Mayor McDuffie echoed Mr. Fetzer's and Mr. Eliopoulos' comments at this time. He mentioned the real estate market in 2006 and Amendment No. 1. He discussed the budget and stated jobs for employees are incredibly important. He stated Commission believes ~ have the finest Police Departtr~ent in Floridda; and this is not intended to be punitive in nature but to maintain employment throughout the community. He stated Commission has a fiduciary responsibility to this community to keep this city economically healthy and everyone employed to the greatest extent. He accepts the city manager's recommendation Mr. Fetzer moved that Article 10, Wages, be resolved by adopting the city proposal for wage freeze, that there not be any across the board wage increases for employees in the bargaining unit, and that there will not be any step movement for employees in the bargaining unit, seconded by Mts. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - No; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 4 to 1 vote; Mr. Frankel dissenting. Mayor McDuffie adj oumed the Impasse Hearing at 6:50 p.m. City Clerk ATTEST: MAYOR September 20, 2010 The Lmdersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Impasse Hearing of the City Commission held on Monday, September 20, 2010 which Minutes wire fom-ially approved and adopted by the City Commission on October 5, 2010. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. September 20, 2010 SEPTEMBER 21, 2010 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, September 21, 2010. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Ron Arflin with Abbey Delray South. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Eliopoulos requested that Item 8.C., Interlocal Agreement and Multiparty Agreement: Community Redevelopment Agency/School Board of Palm Beach County of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. and Item 8.L.2., Review of Appealable Land Development Board Actions (Item #2) be moved to the Regular Agenda as Item 9.A.A.A. Mayor McDuffie stated the applicant has requested that Item 9.B., Appeal of the Site Plan Review and Appearance Board's Decision/New Century Courtyards, be postponed to the regular meeting of October 5, 2010 and Item 9.D., Request to Install a Nativity Creche at Christmas Tree Site, be postponed to the regular meeting of October 5, 2010. It is noted that there is additional information for Item 9.H., Amendment No. 3 to the Agreement/Pompey Park Booster Club. Mayor McDuffie stated Item 10.B., Ordinance No. 24-10 (Rezoning on South Federal Highwayl, has been withdrawn at the applicant's request. Also, staff has requested that Item 10.G., Ordinance No. 23-10 be postponed to October 5, 2010. 09/21/10 Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Special/Workshop Meeting of August 10, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to approve the Minutes of the Special/Workshop Meeting of August 24, 2010, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Eliopoulos moved to approve the Minutes of the Workshop Meeting of August 31, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve the Minutes of the Regular Meeting of September 7, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Lights on Afterschool Day -October 21, 2010 Mayor McDuffie read and presented a proclamation hereby proclaiming October 21, 2010 as Lights on Afterschool Day in the City of Delray Beach. Mary Swinford, Prime Time of Palm Beach County, came forward to accept the proclamation and thanked the City Commission. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 43-10: Approve Resolution No. 43-10 recognizing and commending Milton Willingham for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 43-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING MILTON D. 2 09/21/10 WILLINGHAM FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. office.) (The official copy of Resolution No. 43-10 is on file in the City Clerk's Mayor McDuffie read Resolution No. 43-10 into the record. Mr. Eliopoulos moved to approve Resolution No. 43-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. HOLD HARMLESS AGREEMENT/TOTTERDALE INDUSTRIAL: Approve acceptance of a Hold Harmless Agreement for Totterdale Industrial, located at 101 N.W. 18m Avenue. 8.B. RESOLUTION NO. 52-10: ABANDONMENT OF A DRAINAGE EASEMENT/THE HARTMAN HOUSE: Approve Resolution No. 52-10 abandoning a 10' x 32' drainage easement located in the northwest corner of the The Hartman House property at 302 N.E. 7th Avenue. The caption of Resolution No. 52-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A DRAINAGE EASEMENT LOCATED ON THE HARTMAN HOUSE PROPERTY AT 302 NE 7TH AVENUE; DELRAY BEACH, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A". (The official copy of Resolution No. 52-10 is on file in the City Clerk's 8.C. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.D. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve two (2) Housing Rehabilitation Grant contract awards through the Community Development Division to the lowest responsive bidders for the following projects: 814 S.W. 4th Avenue to Built Solid Construction, LLC in amount of $32,087.45 and 613 S.W. 6th Street to Ray Graeve & Sons Construction, Inc. in the amount of $32,066.86. Funding is available from 118-1963-554-49.19 (Neighborhood Services: 3 09/21/10 Other Current Charges/Housing Rehabilitation) 8.E. AMENDED AND RESTATED AGREEMENTS/NEIGHBORHOOD STABILIZATION PROGRAM (NSP) PLAN/FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS: Approve Amended and Restated Agreements with the Delray Beach Community Land Trust, Delray Beach Community Development Corporation and Delray Beach Housing Authority for Rental and Homebuyer Disposition Services for the Neighborhood Stabilization Program in regards to RFQ 12-2010 NS. 8.F. SPECIAL EVENT REQUEST/MAD DOG VOLLEYBALL TOURNAMENT/EXCLUSIVE SPORTS MARKETING EVENT: Approve a request from Exclusive Sports Marketing Event to hold the Mad Dog Volleyball Tournament on the beach adjacent to Anchor Park on Saturday, September 25-26, 2010 from 9:00 a.m. - 5:00 p.m.; with setup on Friday, September 24, 2010, between the 9:00 a.m. -3:00 p.m. 8.G. THE PLASTRIDGE AGENCY, INC./RENEWAL OF PROPERTY AND CASUALTY INSURANCE: Approve a proposed renewal of the City major property and casualty, including workers' compensation, insurance programs for the period October 1, 2010 thru September 30, 2011. Funding is available from 551-1575- 591-45.11(Insurance Fund/Insurance/General Liability Premiums), 551-1575-591-45.31 (Insurance Fund/Insurance/Package Policy Premium), and 551-1575-591-4532 (Insurance Fund/Insurance/Package Policy Premiums, Excess Workers' Comp Premium). 8.H. CONSULTING AGREEMENT RENEWAL/GALLAGHER BENEFIT SERVICES, INC.: Approve a Consulting Agreement renewal with Gallagher Benefit Services, Inc. in the amount of $110,000.00 for employee benefits management consulting services. Funding is available from 551-1576-591-31.90 (Insurance Fund: Professional Services/Other Professional Services). 8.I. INTERLOCAL AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY, SPONSORSHIP OF TENNIS TOURNAMENTS: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for sponsorship of City tennis tournaments for FY 2010- 2011. 8_J. SPECIAL EVENT REQUEST/13th ANNUAL BED RACE: Approve a special event request for the 13th Annual Bed Race to be held on October 29, 2010, from 5:00 p.m. to 7:30 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of N.E. 2nd Avenue between N.E. 1st Street and N.E. 2nd Street, and to authorize staff support for traffic control and security, EMS assistance, trash removal and clean up, barricading, use and set up of half of the small stage, and preparation and installation of event signage; contingent upon receipt of a hold harmless agreement. 4 09/21/10 8.K SPECIAL EVENT REQUEST/24th ANNUAL TURKEY TROT: Approve a special event request to allow the 24th Annual Turkey Trot to be held on Saturday, November 20, 2010 from 7:30 a.m. until approximately 9:00 a.m., including a temporary use permit per LDR Section 2.4.6(F) for the closure and use of A-1-A from Casuarina to George Bush Boulevard from 5:00 a.m. to approximately 10:00 a.m., and authorize staff support for traffic control, barricading, clean up, use of half of small stage, event signage and waiver of parking meter fees for Sandoway, Ingraham, and Anchor Park and along Atlantic Avenue from Venetian to A-1-A from 6:00 a.m. until approximately 10:00 a.m. 8.L. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. (#2). 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors in the estimated annual amount of $210,000.00 for the purchase of chemicals and fertilizers for the City on an "as needed basis". Funding is available from 001-4511- 539-52.21 (General Fund: Operating Supplies/Chemicals), 001- 4511-539-52.26 (General Fund: Operating Supplies/Gardening Supplies), 119-4144-572-52.21 (Beautification Trust Fund: Operating Supplies/Chemicals), 445-4714-572-52.26 (D B Municipal Golf Course: Operating Supplies/Gardening Supplies) and 446-4714-572-52.26 (Lakeview Golf Course: Operating Supplies/Gardening Supplies). 2. Contract award to Mancil's Tractor Service in the amount of $20,755.86 for the construction of S.E. 2nd Avenue Sidewalk Improvement Project. Funding is available from 334-3162-541- 62.52 (General Construction Fund: Capital Outlay/S.E. 2nd Avenue). 3. Purchase award to Otto Waste Systems in the amount of $60,000.00 for the purchase of hot stamped garbage carts with lids and wheels to be ordered as needed. Funding is available from 433-3711-534-49.35 (Sanitation Fund/Cart Renewal and Replacement). 4. Purchase award to TriTech Emergency Medical Systems, Inc. in the amount of $31,456.00 plus travel expenses for Emergency Medical Billing Software to restore in-house Emergency Medical billing by the Fire-Rescue Department. Funding is available from 334-2311-522-66.10 (General Construction Fund: Books/Publications/Software). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 5 09/21/10 9. REGULAR AGENDA: 9.A.A. INTERLOCAL AGREEMENT AND MULTIPARTY AGREEMENT: COMMUNITY REDEVELOPMENT AGENCY/ SCHOOL BOARD OF PALM BEACH COUNTY: Approve an Interlocal Agreement and Multiparty Agreement between the City, Community Redevelopment Agency and the School Board of Palm Beach County for the Eagle Nest Program Project #2 associated with the Atlantic Community High School (ACHS) Career Academy. Commissioner Eliopoulos declared a conflict of interest and stepped down from the dais. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.C.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 6, 2010 through September 17, 2010. from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Mr. Frankel moved to approve Item 9.A.A.A. (formerly Item 8.L.2.), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. 9.A. TEMPORARY USE PERMIT AND WAIVER REQUEST/DELRAY BEACH MARRIOTT: Consider a request for a temporary use permit and waiver request to locate a temporary pre-fabricated modular kitchen on upper level of the parking garage associated with Delray Beach Marriott located at 10 North Ocean Boulevard. (Quasi-Judicial Hearing) from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial Hearings. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. 6 09/21/10 Paul Dorling AICP, Director of Planning and Zoning, stated this is consideration of a temporary use permit for a modular kitchen and also a waiver request. The waiver is to allow a temporary use of a modular kitchen to be considered one of those temporary use categories. Mr. Dorling stated the required findings pursuant to LDR Section 2.4.7(B)(5) as it relates to the waiver are found in the City Commission backup. He stated this is to go to the Site Plan Review and Appearance Board (SPRAB) for official approval on September 22, 2010 and staff recommends approval based upon: (1) the temporary use permit shall not be effective until the issuance of a permit for the kitchen modifications, and (2) that the temporary modular kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the temporary use permit be valid for more than 6 months. Mr. Dorling stated they have asked for sixty (60) days and staff recommends that it be valid for six months. Staff recommends approval of the temporary use permit and the waiver request. There was no cross-examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the temporary use permit and waiver request, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). NIr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 4 to 0 vote. NIr. Frankel moved to approve the temporary use permit, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. At this point, Commissioner Eliopoulos returned to the dais. 9.B. APPEAL OF THE SITE PLAN REVIEW AND APPEARANCE BOARD'S DECISION/ NEW CENTURY COURTYARDS: Consideration of an appeal regarding the Site Plan Review and Appearance Board's decision regarding New Century Courtyards located on the west side of South Federal Highway, 320' south of S.E. 10th Street. (The applicant has requested this item be postponed to the October 5, 2010 Regular Meeting.) 7 09/21/10 9.C. CONSIDER APPROVAL OF SERVICE AUTHORIZATION NO. 07- 04 /MOCK, ROOS & ASSOCIATES: Approve Service Authorization No. 07-04 with Mock, Roos & Associates in the amount of $64,030.00 for the design of the N.W. 12th Avenue-Atlantic Avenue to Martin Luther King Jr. Drive project. Funding is available from 334-3162-541-68.60 (General Construction Fund: Other Improvement/N.W. 12th Avenue-Atlantic to MLK) and 448-5461-538-68.60 (Storm Water Utility Fund: Other Improvement/N.W. 12th Avenue-Atlantic to MLK). Richard Hasko, Director of Environmental Services, stated this is a proposal from Mock, Roos & Associates for complete engineering design, permits, etc. in the amount of $64,030.00 for the Martin Luther King, Jr. Drive project extension from Atlantic Avenue to Martin Luther King Boulevard just before I-95. NIr. Hasko stated the scope will include almost every piece of infrastructure except for sanitary sewer. He stated there is water main upgrades, there is drainage work going on, landscape, irrigation, beautification and the right-turn lane at Atlantic Avenue will be installed with this project. NIr. Hasko stated they have a preliminary construction budget of $580,000.00-$600,000.00 for all of that scope some of which will be paid by the CRA and some of which will be paid by the City through Water and Sewer and Drainage Enterprise Funds. Mrs. Gray asked how long this project will take to complete. Mr. Hasko stated the design part will take approximately six months from now to the time we would actually bid the project and the construction time for a project of this nature is approximately four months. NIr. Eliopoulos moved to approve the Service Authorization No. 07-04 with Mock, Roos & Associates, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; NIr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.D. REQUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE SITE: Consider a request to install a Nativity Creche in the vicinity of the Christmas tree at Old School Square. The applicant has requested that this item be postponed to the next regular meeting of October 5, 2010. 9.E. APPOINTMENT TO THE NUISANCE ABATEMENT BOARD: Appoint one (1) alternate member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat # 4). Mrs. Gray moved to appoint Patricia Conlon as an alternate member to serve on the Nuisance Abatement Board for an unexpired term ending July 31, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray 8 09/21/10 -Yes. Said motion passed with a 5 to 0 vote. 9.F. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Based on the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Harvey Starin as an alternate member to the Financial Review Board to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.G. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. Based upon the rotation system, the recommendation for appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel stated he would like to defer his appointment to the next regular meeting of October 5, 2010. 9.H. AMENDMENT NO. 3 TO THE AGREEMENT/POMPEY PARK BOOSTER CLUB: Consider Amendment No. 3 to the Agreement with the Pompey Park Booster Club to extend the term of the agreement to September 30, 2011. Linda Karch, Director of Parks and Recreation, stated the attached Amendment No. 3 to the Agreement between the City and Pompey Park Booster Club extends the term of the agreement until September 30, 2011. All other terms of the agreement remain the same. The Parks and Recreation Department has reviewed the agreement with the Pompey Park Booster Club and they have serious reservations about renewing this agreement due to continual issues. Mrs. Karch stated for the past ten months the Finance Department as well as the Recreation Department has repeatedly requested the monthly reports from the Booster Club as required in Section 11, Monthly Report and Audit, in their agreement. Mrs. Karch stated they have never illustrated how much money has been collected, from what sources the money has come, or a ledger of all the money spent for the month. One of the key components of the agreement was that the City of Delray Beach would have oversight of these funds. Mrs. Karch stated staff also believes that the Booster Club does not have the required number of officers on their Board and thus do not have the right according to their own by-laws to vote which includes having four out of the six officers make any disbursements over $125.00. Mrs. Karch stated staff has never seen a record of any donations accepted on behalf of the Pompey Park Booster Club, the specific guidelines for their distribution also in accordance with their own by- laws. Staff was never able to determine if other sports at Pompey Park were benefiting from the financial support since they never provided the City with any records. She 9 09/21/10 stated in their by-laws it states that they are to provide equipment, supplies, training camps, clinics, banquets, and awards for all sports such as football, cheerleading basketball, track, T-ball, flag football, Diva Step Team, and the Diamonds and Pearls Dance Team. Mrs. Karch stated the Pompey Park Booster Club has made the demand that they take all the gate proceeds for the Delray Rocks Homecoming game this weekend which is not an item discussed in the agreement and thus not a recognized fundraiser for them. Mrs. Karch stated the Parks and Recreation Department does not support renewal of this agreement. Mr. Frankel stated if the Commission follows staff's recommendation does Parks and Recreation have the ability to step in and do all the necessary things that have to be done. Mrs. Karch stated they are very capable of taking over those responsibilities. Mrs. Gray stated there was a football game a couple of weeks ago and asked who took over the concession stand. Mrs. Karch stated the Booster Club along with some of the Parks and Recreation staff. Mrs. Karch stated there was a record of what was taken in that day (approximately $2,800.00). Mrs. Karch stated the agreement expires September 30, 2010. Mrs. Gray stated if the Commission approves staff's recommendation tonight will they still be active until that date. Mrs. Karch stated even if they are active the agreement states that either group can work the concession and take the proceeds. Mrs. Gray stated there are some concerns about what would happen to the dollars if that does happen. The City Attorney stated the agreement that the City has with the Booster Club provides that all profits from the concession sales shall be used to benefit all Pompey Park sports programs. Mrs. Karch stated her intention is for the City to run the concession stand and the gate this Saturday. Mr. Eliopoulos asked Mrs. Karch if she anticipates any paperwork coming in from the Booster Club that will back up where the money is as far as accounting. Mrs. Karch stated staff has asked the current president and he is under the belief that he does not need to provide those to the City. Mrs. Karch stated they actually turned over their checkbook and staff saw some deposits of money; the last statement she recalls seeing was a little over $2,000.00 and this did not include the $2,800.00 which was given to them two weeks ago. Mrs. Gray stated there was a balance of approximately $20,000.00 a year or two ago but now we cannot account for that and now there is a balance of $2,000.00 before the deposit. Mrs. Karch stated the last record she saw was a balance of $2,000.00 and staff has been asking for this paperwork for ten months. Mr. Frankel moved to approve extending the agreement and making Amendment No. 3 to the Agreement with the City of Delray Beach and the Pompey Park Booster Club, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No; 10 09/21/10 Mr. Eliopoulos - No. Said motion to approve extending the agreement was DENIED with a 5 to 0 vote. At this point, the time being 6:32 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last Commission meeting a couple of residents expressed concern about the hiring practices of Auburn Development and whether they were hiring local minorities and laborers. He stated the City has contacted the Auburn Group and requested a detailed report on their hiring of local residents in compliance with the commitment they made during their presentation at the October 6, 2009 Commission meeting. The City Manager stated they have agreed to provide this information on Monday, September 27, 2010. Secondly, the City Manager stated Ms. Moody had expressed concern about calling concerning a noise complaint in her neighborhood. He stated the Police Department and Code Enforcement from time-to-time have long been involved in enforcing the City's noise ordinance in neighborhoods from residents, house parties, and motor vehicles. Ms. Moody has had many contacts with the Police Department over the years and the last contact that the City received from Ms. Moody regarding loud music that we have record of was March 5, 2010. On that particular call, the officer arrived and did not hear anything that required police action. Additionally, Ms. Moody at the time did not want to speak to the officer. If she received mis-information concerning the noise ordinance or enforcement activities from someone at the Police Department, the City Manager apologized for that and suggested if Ms. Moody has noise complaints in the future she should call the non-emergency number in the Police Department and they will respond. 11.B. From the Public. 11.B.1. Pauline Moody, 609 S.W. 8t'' Avenue, Delray Beach, FL 33444, stated o~ Street going toward the railroad tracks and she mentioned to Tim Simmons that people are still dumping pieces of concrete. She stated Mr. Simmons informed her that he contacted FDOT (Florida Department of Transportation) about this but nothing has been done. Ms. Moody stated this area is very unsafe and urged the Commission to look into this situation. At this point, the time being 6:37 p.m., the Commission moved to Item 12, First Readings. 11 09/21/10 12. FIRST READINGS: 12.A. ORDINANCE NO. 31-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", by amending Section 35.014, "Preferential Bonus Points", in order to update the City's Code. If passed, a public hearing will beheld on October 5, 2010. The caption of Ordinance No. 31-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS" BY AMENDING SECTION 35.014, "PREFERENTIAL BONUS POINTS" IN ORDER TO UPDATE THE CITY'S CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated the reasons for the changes in this ordinance are to comply with changes in Federal law. Mr. Eliopoulos moved to approve Ordinance No. 31-10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 33-10: Consider approval of an ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.089, "Definitions", to provide revised definitions of "Final Monthly Compensation" and "Normal Retirement Date"; amending Section 35.095, "Contributions of Participant and City", Subsection (A), "Participant's Contribution Account", to provide for a change in the contribution amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", Subsection (A), "Normal Retirement Income", to change the normal form of retirement to life annuity; amending Subsection (C), "Disability Retirement and Retirement Income", Paragraph (5), Subparagraph (A), "Monthly Income Payable", Sub-subparagraph (1), "Service-Connected Disability", to modify disability average monthly earnings; amending Subsection (D), `Benefits Other Than on Retirement", Paragraph (2), `Benefit Payable in the Event of Participating Employee's Death On or Before the Normal Retirement Date", Subparagraph (A), "Death BenefitService-Connected Death", to modify the monthly income General Employees Pension. If passed, a public hearing will be held on October 5, 2010. The caption of Ordinance No. 33-10 is as follows: 12 09/21/10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION, "35.089, "DEFINITIONS", TO PROVIDE REVISED DEFINITIONS OF "FINAL MONTHLY COMPENSATION" AND "NORMAL RETIREMENT DATE"; AMENDING SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARICIPANT'S CONTRIBUTION ACCOUNT", TO PROVIDE FOR A CHANGE IN THE CONTRIBUTION AMOUNT; AMENDING SECTION 35.097, "RETIREMENT INCOME; BASIS, AMOUNT, AND PAYMENT", SUB SECTION (A), "NORMAL RETIREMENT INCOME", TO CHANGE THE NORMAL FORM OF RETIREMENT TO LIFE ANNUITY; AMENDING SUBSECTION (C), "DISABILITY RETIREMENT AND RETIREMENT INCOME", PARAGRAPH (5), "DISABILITY RETIREMENT INCOME", SUBPARAGRAPH (A), "MONTHLY INCOME PAYABLE", SUB-SUBPARAGRAPH (1), "SERVICE-CONNECTED DISABILITY", TO MODIFY DISABILITY AVERAGE MONTHLY EARNINGS; AMENDING SUBSECTION (D), "BENEFITS OTHER THAN ON RETIREMENT", PARAGRAPH (2), "BENEFIT PAYABLE IN THE EVENT OF PARTICIPATING EMPLOYEE'S DEATH ON OR BEFORE THE NORMAL RETIREMENT DATE", SUBPARAGRAPH (a), "DEATH BENEFIT SERVICE- CONNECTED DEATH", TO MODIFY THE MONTHLY INCOME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 33-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance and stated the proposed recommendations to the pension plan will change the on-duty disability for all general employees from 75% of earnings to 60% of earnings, change the period used to calculate average earnings from 2-3 years, and increase employee contributions by 0.55%. For all member employees over 10 years from their normal retirement date, changes include the normal benefit for married member from 60% j oint and survivor to Life Annuity and change the normal retirement date to age 62 or 30 years of service regardless of age. For new members hired after October 6, 2010, changes include increasing the period used to calculate average earnings to 5 years and changing the normal retirement date to age 65 and eliminating the 30 years and out option. 13 09/21/10 Joseph Safford, Finance Director, stated this evaluation process was initiated in December 2009. Mr. Safford stated the City Manager, himself, Actuaries, the Human Resources Director, and Attorneys met at the beginning of this process. Mr. Safford stated they have held classes with the general employees (civil service employees) going over the alternatives and took an employee survey of all the civil service employees. He stated they have held classes with the SEIU and an employee survey was taken of the SEIU employees. Mr. Safford stated they have had meetings with the IAFF union negotiators for the lifeguards and offered to present the alternatives to the lifeguards also Mr. Safford there is approximately 17 different alternatives that they presented to the actuary for costing and staff knows the individual estimated cost savings. He stated between the first reading of the ordinance and the second reading of the ordinance staff turns these recommendations into the actuary and they will do a formal impact statement and determine the actual bottom line cost saving projection. Mr. Safford stated staff anticipates over $1,000,000.00 in savings from the recommendations that are being made. He stated the City has to qualify this because of the unions and this will become effective upon their ratification but to all non-union members effective upon the passage of the second reading they are changing the on-duty death and disability benefit from 75% earnings to 60% of earnings; changing the period to calculate the earnings from the two highest consecutive years out of ten to the highest three out of ten; the employee contributions will increase by 0.55%. To all members that are over ten years from normal retirement (1) will change the normal retirement option for married employees from 60% joint and survivor to Life Annuity, (2) change the normal retirement date from age 60 to age 62 and maintain the 30 year and out provision. Mr. Safford stated for new employees hired after October 6, 2010, they would change the period used to calculate the pension from 2 to 5 years so a pension would be based upon your highest 5 consecutive years out of your last ten years. The normal retirement date will change from age 60 to age 65 and eliminate the 30 year and out option. Mr. Eliopoulos asked for the costing for second reading and how things might change. Mr. Safford stated when the actuary did his costing he prepared a table and that table showed ten years for each alternative and showed what the savings is for fiscal year 2011, 2012, etc. Mr. Safford the new member category is not going to be immediate savings and is not calculated in the $1,000,000.00 because there is no immediate savings in 2011. The actuary was very clear in stating that you cannot just add those numbers together to come to $1,000,000.00; it is going to be higher or lower based upon what choices are taken and when it is implemented. Mr. Safford stated by State law, staff is required to submit the ordinance between first and second reading to the actuary and they prepare an impact statement which has to be sent to the State. Mr. Safford stated to the best of their ability they will tell the City what type of savings they can expect in 201 L Mr. Safford stated staff elected to change the funding method from an aggregate method and changed it to an entry age normal method and this provided a savings of $187,000.00 projected for 2011. In addition, Mr. Safford stated the normal payment of the City contribution is made December 31, 2010 of each year. Staff elected and received the permission of the City Manager to move that back to second reading of the ordinance. Mr. Safford stated staff can move the general employee contribution back and save the interest cost ($53,000.00). Therefore, Mr. Safford stated there is 14 09/21/10 approximately $240,000.00 worth of savings projected that came off that $1,000,000.00 because of the actions of the Financial Review Board that did not impact any benefit of any employee. Staff has been working since December 2009 to minimize the impact on our current employees. Mrs. Gray moved to approve Ordinance No. 33-10 on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated a public hearing of Ordinance No. 33-10 will be held on October 5, 2010. At this point, the time being 6:55 p.m., the Commission moved to Item 13.A., Comments and Inquiries on Non-Agenda Items from the City Manager. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Eliopoulos commented about an email from Fran Marincola regarding restaurants versus stand alone bars in the downtown area and noted that all restaurants must meet the City's definition of restaurant which includes having meals available during all operation hours. Furthermore, the City Manager stated they must also comply with regulations that apply to the type of liquor license they have; many of our restaurants do not have SRX licenses but have 4COP licenses which do not have the 51% of sales from food requirement. The City Manager stated they agree that additional oversight of restaurants in town is appropriate and should be conducted through a combination of the Code Enforcement division and the Police Department particularly the Clean and Safe Program. Secondly, the City Manager stated the possibility of running the shuttle past Puttn' Around Delray Beach was raised and there are some concerns with doing this. He stated there are some existing challenges already to maintain headways and that could increase. The City Manager stated there may be some additional confusion with passengers that would occur with the bus going off Atlantic Avenue and the re-routing would by-pass what might be considered the busiest section of Atlantic. Staff will meet with the owner of Puttn' Around Delray Beach to further discuss the request and see if we can come up with a workable option. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 15 09/21/10 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 27-10: Consider a city initiated amendment to Appendix "A", "Definitions" of the Land Development Regulations (LDR) to revise the definition of "Pharmacy". The caption of Ordinance No. 27-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "PHARMACY", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 27-10 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated pharmacies are currently defined as a retail establishment primarily offering goods for retail sales as well as onsite dispensing of prescription drugs and non-prescription drugs. Mr. Dorling stated these changes that staff is proposing today are to follow-up recent changes to medical office regulations which attempt to address practices particularly pain clinics in which they are prescribing and distributing Schedule II narcotic prescription drugs at these facilities. These recent changes basically said that dispensing of these drugs were no longer allowed at these medical offices and that they would have to be distributed at pharmacies. At its meeting of June 21, 2010, the Planning and Zoning Board considered the request. Mr. Dorling stated this ordinance has been through several changes since then. While the Board agreed that Schedule II controlled substances should be restricted, they felt the 50% maximum was too liberal and should be reduced. The Board unanimously recommended approval of the ordinance subject to the elimination of the retail threshold language and retention of the 50% maximum Schedule H threshold with a 6 to 0 vote (Deborah Dowd absent). Following that meeting, additional inquiries as to reasonable maximum thresholds of Schedule H sales were made and the maximum total sales numbers were revised to a maximum of 25%. At its meeting of July 6, 2010, the City Commission considered the revised ordinance with these modifications and recommended to be further reduced to 16 09/21/10 10% based upon testimony received at the meeting. Mr. Dorling stated some people from the pharmaceutical business object to that and staff met with the City Attorney and those individuals and made some changes. Mr. Dorling stated the ordinance now represents 15% of total prescriptions can be Schedule II and no more rather than 15% of total sales. Mayor McDuffie declared the public hearing open. Sergeant Brady Mvers, Police Department, stated this is the easiest way to manage it and the number they came up with is more than fair and it will keep the "pill mills" out of the city so Delray Beach will be known as a non-pill mill city. Alan Levine, Registered Pharmacist, stated he is working on the Multi-Task Force with Sergeant Mvers, stated originally the 10% that he had suggested based on the figures of his past businesses and talking with chain store pharmacies was fair but after thinking about it, it would be a fiscal nightmare because the City would need the entire company of Ernst & Young to be working for them to figure that out. Mr. Levine stated if someone does 100 prescriptions total, 15 of those can be Schedule II. He stated the chain pharmacies have a 9% base maximum of what their Schedule II's are as compared to their total amount of prescriptions. Mr. Levine stated this is a fair ordinance. Thomas Dildine, Resident and Owner of Delrav Shores Pharmacy, 601 North Congress Avenue, Delrav Beach, FL 33445, commended the City Commission for this ordinance; however, he stated situations may come up where say they are at the 15m prescription and they already wrote 100 scripts that day and an old lady comes in with a Schedule II for a dental procedure what should they do. Mr. Dildine stated he would like clarification on how this is going to be enforced. Sergeant Myers stated this will be enforced monthly. Mr. Dildine stated this will affect local pharmacies and it is another hurdle that is thrown at legitimate pharmacies and noted he has been in business since 1975. He stated hopefully this ordinance will keep the bad clinics out of the city but at the same time protect their livelihood as well. Pauline Moody, 609 S.W. 8t'' Avenue, Delrav Beach, FL 33444, stated this ordinance is concerned about new people coming in opening up clinics and asked if the ordinance should control everyone that is already here because pharmacies cannot fill prescriptions on their own; the script comes from the doctor and they also give out samples in their office. The City Attorney stated that the City already has an ordinance that covers dispensing in a physicians office in place and that is the reason staff has to adopt this ordinance. The City Attorney stated when the Commission first adopted the ordinance staff made one minor change to the ordinance to provide that the information that they are requesting from pharmacies can only be obtained from an entity that has the authority 17 09/21/10 to request and review that information. There being no one else from the public who wished to address the Commission regarding Ordinance No. 27-10, the public hearing was closed. Mr. Eliopoulos commended staff for doing a great job on this ordinance. Mr. Frankel stated this ordinance was well done. Mayor McDuffie thanked Mr. Levine and Sergeant Myers for doing a great job on this ordinance. Mr. Eliopoulos moved to adopt Ordinance No. 27-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 24-10: Consider a privately initiated rezoning from AC (Automotive Commercial) and RM (Multiple Family Residential -Medium Density) to GC (General Commercial) and OS (Open Space) for property located at the northeast corner of Federal Highway and Fladell's Way (2501 South Federal Highway). (Quasi- Judicial Hearing) The caption of Ordinance No. 24-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AC (AUTOMOTNE COMMERCIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO OS (OPEN SPACE) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED AT THE NORTHEAST CORNER OF SOUTH FEDERAL HIGHWAY AND FLADELL' S WAY (AVENUE "F"), AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTNE DATE. (The official copy of Ordinance No. 24-10 is on file in the City Clerk's This item has been withdrawn by the applicant. 18 09/21/10 10.C. RESOLUTION NO. 53-10 (FINAL MILEAGE LEVY): A resolution levying a tax on all properties within the City of Delray Beach for operation and maintenance and for payment of principal and interest on bonded indebtedness for FY 2011. The caption of Resolution No. 53-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO LEVY A TAX FOR THE PAYMENT OF PRINCIPAL AND INTEREST ON BONDED INDEBTEDNESS, AND TO ALLOCATE AND APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 53-10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the operating millage is scheduled to be 7.19; the rolled-back millage rate is 8.1366; the proposed millage rate would be a deduction from the roll back millage rate by 11.63%. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 53-10, the public hearing was closed. Mr. Fetzer moved to approve Resolution No. 53-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 10.D. RESOLUTION NO. 54-10 (MILEAGE LEVY/DDA): A resolution levying a tax on all properties within the Downtown Development Authority Taxing District of the City of Delray Beach for FY 2011. The caption of Resolution No. 54-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, TO LEVY A TAX ON ALL PROPERTIES WITHIN THE DOWNTOWN DEVELOPMENT AUTHORITY TAXING DISTRICT 19 09/21/10 OF THE CITY OF DELRAY BEACH, FLORIDA, FOR MAINTENANCE AND OPERATION, AND TO APPROPRIATE SAID COLLECTIONS THEREUNDER. (The official copy of Resolution No. 54-10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated the proposed millage rate is 1.0 and it would not increase from the previous fiscal year and is less than the rolled-back rate of 1.1116 by 10.04%. Mayor McDuffie declared the public hearing open. Pauline Moody, 609 S.W. 8th Avenue, Delray Beach, FL 33444, asked if the Downtown Development Authority (DDA) taxing district is the same as the Community Redevelopment Agency (CRA) taxing district. Mayor McDuffie stated these districts overlap and are not exactly the same district. The City Manager stated the DDA goes from I-95 to the beach. The City Manager stated the DDA works with the merchants and property owners' in the downtown area to promote their business and is a fairly narrow district on both sides of Atlantic Avenue; the CRA is much larger and is 3-4 square miles that extends much further north and south. The CRA is financed from a tax increment and they get a part of the 7.19 mills; the DDA is an additional 1.00 mil. Therefore, the City Manager stated people who are in the DDA pay 7.19 mills plus 1.00 mil so they pay 8.19 mills and the money is used to promote the downtown. The City Manager stated the DDA is a separate and independent organization and they get ads in different magazines and newspapers and recently ran an ad in USA Today that was a nationwide ad advertising downtown Delray Beach, they work with merchants, do the holiday promotions for Valentine's Day, Christmas, etc. and many different things to promote the downtown. There being no one else from the public who wished to address the Commission regarding Resolution No. 54-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 54-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 5 to 0 vote. 20 09/21/10 10.E. RESOLUTION NO. 55-10 (BUDGET ADOPTION FOR FY 2011): A resolution making appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the period October 1, 2010 through September 30, 2011. The caption of Resolution No. 55-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, MAKING APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH FOR THE PERIOD FROM THE 1st DAY OF OCTOBER, 2010, TO THE 30th DAY OF SEPTEMBER, 2011; TO PRESCRIBE THE TERMS, CONDITIONS AND PROVISIONS WITH RESPECT TO THE ITEMS OF APPROPRIATIONS AND THEIR PAYMENT; AND TO REPEAL ALL RESOLUTIONS WHOLLY IN CONFLICT WITH THIS RESOLUTION AND ALL RESOLUTIONS INCONSISTENT WITH THIS RESOLUTION TO THE EXTENT OF SUCH INCONSISTENCY. (The official copy of Resolution No. 55-10 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Manager stated Resolution No. 55-10 adopts the budget in Exhibit "A" and this resolution has a total General Fund budget of $93,354,710.00 and the total budget for all funds is $142,569,473.00. The budget is approximately $6,000,000.00 less than last year. The City Manager stated the budget in Exhibit "A" includes the changes and cost reduction measures that were discussed last evening. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 55-10, the public hearing was closed. Mr. Frankel moved to approve Resolution No. 55-10, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 21 09/21/10 10.E.1. APPROVAL OF FIVE YEAR CAPITAL IMPROVEMENT PLAN: Accept the Planning and Zoning Board's finding that the proposed Five Year Capital Improvement Plan and FY 2010-11 through FY 2014-15 Capital Improvement Budget are consistent with the Comprehensive Plan, and approve same. Paul Dorling, AICP, Director of Planning and Zoning, stated this item was considered by the Planning and Zoning Board last night and the Board recommended approval and found that it was consistent with the Comprehensive Plan. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Five Year Capital Improvement Plan, the public hearing was closed. Mrs. Gray moved to approve the Five Year Capital Improvement Plan, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 10.F. ORDINANCE NO. 32-10: An ordinance amending Chapter 51, "Garbage and Trash", of the City Code of Ordinances by amending Section 51.70, "Regular Charges Levied", to provide for decreased residential and modified commercial collection service rates for FY 2011. The caption of Ordinance No. 32-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 51, "GARBAGE AND TRASH", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 51.70, "REGULAR CHARGES LEVIED", TO PROVIDE FOR DECREASED RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE RATES FOR FY 2011; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 32-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. 22 09/21/10 The City Manager stated the ordinance provides for reducing the collection charges for Solid Waste for regular curbside collection and the reduction is .40 per month; for rear-door collection the reduction is .73 per month; for commercial containers the collection charge is decreased. He stated the Solid Waste Authority has increased the disposal charge so the net result of that is that most commercial waste will go up but this is because of the Solid Waste Authority charge not because of the charge that the City and its contractor imposes. The City Manager stated with the single-family homeowners' you get that charge on your tax bill and it is not part of what you pay in the monthly service charge. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 32-10, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 32-10 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 10.G. ORDINANCE NO. 23-10 (SECOND READING/SECOND PUBLIC HEARING): Consider a city initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". (Staff requested this item be postponed to the October 5, 2010 Regular Meeting to comply with public hearing advertising requirements). 10.H. ORDINANCE NO. 29-10: Consider an ordinance amending Chapter 110, "Local Business Taxes Generally", of the Code of Ordinances by amending Section 110.15, "Local Business Tax Schedule", in order to include "Pharmacies" among the categories of businesses requiring a Local Business Tax Receipt. The caption of Ordinance No. 29-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 110, "LOCAL BUSINESS TAXES GENERALLY" BY AMENDING SECTION 110.15, "LOCAL BUSINESS TAX SCHEDULE" IN ORDER TO INCLUDE PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTNE DATE. 23 09/21/10 office.) (The official copy of Ordinance No. 29-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance and stated this ordinance is to provide that pharmacies will be included among the categories of businesses requiring a Local Business Tax Receipt based on Ordinance No. 27-10 adopted earlier this evening. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 29-10, the public hearing was closed. Mrs. Gray moved to adopt Ordinance No. 29-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved back to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Gray made an inquiry about attendance and revenue at the Pompey Park pool for July and August of 2009 and 2010. In 2009 the July attendance was 4,273 and in July 2010 the attendance was 3,443; in August 2009 the attendance was 1,593 and in August 2010 the attendance was 942. However, the attendance figures for 2009 included three summer camps (Pompey Park, Community Center, and Pine Grove) visiting the pool twice a week during July and early August. In 2010, there was no summer camp at Pine Grove and attendance was down at the other two remaining camp sites as well. The City Manager stated he suspects the decrease was due to the decrease in summer day camp children going to the pool. He stated the revenue in 2009 was $808.00 for July and August and in 2010 the revenue was $1,456.03. The City Manager stated the increase of revenue in 2010 can be attributed to the increase of daily users other than camps and the rental of the shade canopy for parties which was in fact due to the expanded hours of operation. The City Manager stated there was also a question about XPE Sports (a/k/a Prep and Sports, Inc.), and in the fall of 2009 the City entered into a license agreement with Prep and Sports, Inc. to provide ayear-round sports training camp free to all children eligible to play at the Seacrest Soccer Complex. Prep and Sports installed training equipment and artificial turf at the Seacrest Soccer Complex that can be used by the public as well as Prep and Sports Professional Football Sports Camp and Sports 24 09/21/10 Training Camp on specific dates and times as outlined in the agreement. In addition to the license agreement, Prep and Sports verbally agreed to include a mentoring/tutoring component for their campers. Prep and Sports hosted a summer camp during the months of June and July where approximately 36 students from various local high schools attended. The academic academy was held at Village Academy on Monday and Wednesday from 8:00-11:30 and on Tuesday, Thursday, and Friday, the campers trained at the Seacrest facility from 10:00-11:30. During the high school football season, Prep and Sports does not run its training camp; they do, however, continue the academic ACT tutoring and skill building activities for their campers on Saturday. The City Manager stated they have followed through with that portion of their agreement. The City Manager stated Delray Beach hosts several youth tennis tournaments and passed around plaques the City received (the first is for the Summer Smash held earlier in the summer and the second one is for the boy's tournament ages 16- 18). The City Manager stated he is pleased to report that the City has a tentative three year agreement with the SEIU and they will vote on this next week. Lastly, the City Manager stated there is a Palm Beach County League of Cities meeting at the Golf Course tomorrow. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated he met with the developer for Atlantic Plaza regarding their utilities and asked the City Manager to look into this. Secondly, Mr. Eliopoulos commented about the Impasse Hearing yesterday with regards to the Police Department. Mr. Eliopoulos stated we need to look for new counsel and he was not happy with the way Mr. Carson spoke with regards to the issues and feels both Police and Fire has had better representation in the past. Mr. Eliopoulos stated Mr. Carson sent him an email today stating why he was not at the hearing and he sympathizes for his family and/or the passing of an individual. However, Mr. Eliopoulos stated there have been plenty of other times when they have been in meetings that he feels Mr. Carson is "not there". Mr. Eliopoulos stated for what the City is paying and what we need to represent our city he feels we can do better. 25 09/21/10 Mr. Eliopoulos stated the shuttle was packed on Saturday night and he is happy to see it being used. Lastly, Mr. Eliopoulos asked what date will the Auburn Group present a response to the Commission regarding the hiring practices. The City Manager stated that the Auburn Group will present a response to the Commission on Monday, September 27, 2010. 13.C.3. Mrs. Gray Mrs. Gray stated the Delray Rocks is having their Homecoming this weekend and asked everyone to come out and support them. Secondly, Mrs. Gray stated last night there was some discussion about an agreement forthcoming regarding the maintenance of the Seacrest Soccer Complex. The City Manager stated this agreement will be coming to the Commission. Lastly, Mrs. Gray stated the Community Redevelopment Agency (CRA) has new places for approximately 15 bus shelters and asked where these are going to be located. The City Manager stated he can find out where these are going to be located and report back to the Commission. 13.C.4. Mr. Frankel Mr. Frankel had no comments or inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie read a card from Shelly Weil and his wife regarding the passing of their son. Secondly, Mayor McDuffie stated he has been challenged by Mayor Susan Whelchel of Boca Raton to participate in `Bartending Challenge". Mayor McDuffie stated the Rotary Club of Boca Raton and the Sunrise Rotary Club of Delray Beach is sponsoring a `Bartending Challenge" at Duffy's Sports Grill on Thursday, October 14, 2010 from 5:30-7:30 p.m. and the proceeds from the event go to promote youth literacy in our communities. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:34 p.m. City Clerk 26 09/21/10 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on September 21, 2010, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 09/21/10 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 REQUEST RELATING TO A TEMPORARY USE PERMIT TO ALLOW THE USE OF A MODULAR KITCHEN FACILITY DURING THE RENOVATION OF THE EXISTING MARRIOTT HOTEL KITCHEN 1. This waiver request to allow a temporary use permit to allow the use of a modular kitchen facility during the renovation of the existing Marriott Hotel kitchen came before the City Commission on September 21, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for the temporary use permit. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I. I. WAIVER TO ALLOW A TEMPORARY USE PERMIT FOR A MODULAR KITCHEN FACILITY AT THE MARRIOTT HOTEL: LDR Section 2.4.6(F) provides of a list of allowable temporary uses. The Applicant is requesting a waiver to Section 2.4.fi(F) to permit the use of a temporary modular kitchen to be located at the Marriott Hotel. 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 request subject to the conditions attached in Exhibit "A" meet all the requirements of 2.4.7(B}[5}? Yes / No Board Order Item 9.A. 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 request to LDR Section 2.4,6(F) subject to the conditions listed in Exhibit "A" attached hereto. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 21st day of September, 20'10, by a vote of 4 in favor aid 0 opposed. ~ ~~~~~~ ATTEST: Nelson S. McDuffie, M ~~ ~'~ Chevelle Nubin, City Clerk 2 Board Order Item 9.A. Exhibit "A" ~I i Conditions Related to the Waiver Request to ~~!, Allow an a Temporary Modular Kitchen at the Marriott Hotel 1. The Temporary Use Permit shall not be effective until the issuance of a permit for the kitchen modifications. 2. That the temporary modular kitchen be removed from the property and the area restored to its original use pursuant to the site plan of record concurrent with the issuance of a Certificate of Occupancy for the kitchen modifications, but in no event shall the Temporary Use Permit be valid for more than 6 months. Board Order Item 9.A. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMiSSiON, AUTHORITY, OR COMMITTEE Elio oalos Ga Delra Beach Cit Coumn~.ssion MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 Geor a Bush Boulevard WHICH I SERVE IS A UNIT OF: Y COUNTY I ~ CITY ^ COUNTY ^ OTHER LOCAL AGENCY T C Delray Beach, Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: Cif of Delra Beach DATE ON WHICH VOTE OCCURRED MY POSITION IS: 9I2)~~~OI~ ~ ELECTII/E C] AppOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN #rom voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national ar regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, why should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this farm (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 813 - EFF. 112000 I1Eem $, C, = Item 9.A.A. PAGE 1 APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The #orm must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING • You must disclose orally the nature of your conflict in the measure before par#icipating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gar Eliou oulos hereby disclose that on gp~tP,.,~,pr 21 , 2D lU (a} A measure came or will come before my agency which (check one} inured to my special private gain or loss; ~ inured to the special gain or loss of my business associate, GE Architecture, inc. ; inured to the special gain or loss of my relative, ; inured to the special gain or loss of , by whom t am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect 9/2I/2010 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §1'[2.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY 13E PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM 01=FlCE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $1iJ,DDD. CE FORM 8B - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NRME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulos, Gary Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2QS Geor a Bt1Sh BOUlevard_ WHICH I SERVE IS A UNIT OF: CITY COUNTY ~IT~ ^ COUNTY D OTHER LOCAL AGENCY Delra Beach Florida 33444 Palm Beach NAME OF POLITICAL SUBDIVISION: lra Beach f D Ci DATE ON WHICH VOTE OCCURRED g ~21 ~ 2~1 ~ e f o MY POSITION IS: ~ ELECTIVE d APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain ar loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or lass of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * * * * * * * * * * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these masters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1I2flQ4 Item 8 _L.2. Item 4.A_A.A. PAGE 1 APPOINTED OFFICERS {continued} • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I, Gary Elioupau~.os ,hereby disclose that on September 21 , 20 ~: (a) A measure came or will come before my agency which (check one) inured to my special private gain or Ioss; $~ inured to the special gain or Ioss of my business associate, _ GE Architecture, Inc. inured to the special gain or loss of my relative, inured to the special gain or Ioss of whom I am retained; or inured to the special gain or Ioss of is the parent organization or subsidiary of a principal which has retained me. (b} The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect Date Filed Signature by which NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM SB - EFF. 1120©o PAGE 2 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Eliopoulo~s, Gary Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHOR€TY OR COMMITTEE ON 2Q5 Geor a Bush Boulevard WHICH I SERVE IS A UNIT OF: CITY COUNTY ~ CITY ^ COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 3344k~ Palm Beach NAME OF POLITICAL SUBAIVISION: Cif f D lra Beach DATE ON WHICH VOTE OCCURRED :o .:: e MY POSITION ]S: /Z1~ZQl~Q $~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, ar committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3943, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3'143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public ofFice MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special priva#e gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national ar regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision} with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 86 - EFF. 112DDD 1tE111 9.A. PAGE 1 APPOINTED OFFICERS (continued} • A copy of the form must be provided immediately to the other members of the agency. • The form muss be read publicly at the next meeting after the form is filed. IF YOU MAKE IVO ATTEMPT TO INFt_UENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and fle it within 95 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary Eliopou3.os ,hereby disclose that on September 21 , 2p 10 (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; ~ inured to the special gain or loss of my business associ~ ElioAaul,~~Architecture, Tnc. _ . ; inured to the special gain or loss of my relative, ; ____. inured to the special gain or loss of , by whom I am retained; or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: Architect 9/21/2010 Date Filed NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §'I12.3'i7, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, RI*PRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,DD0. CE FORM 8B - EFF. 112000 PAGE 2 WHEREAS, city government is the governn~alt closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizerLS, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Florida City Goveinn~lt Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this Lek offers an important opportunity to spread the ward to all the citizens of Florida that they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Florida League of Cities and its member cities have joined together to teach students and other citizerLS about municipal government through a variety of different projects and information; and WHEREAS, Florida City Govemn~rlt Week offers an important opportunity to convey to all the citizerLS of Florida that they can shape and influence government through their civic involvement. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayar of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of October 17 - 23, 2010 as: FLORIDA CITY GOVERNMENT WEEK in the City of Delray Beach, Florida, and encourage all citizerLS, city government officials and employees to do everything possible to ensure that this week is recognized and celebrated accordingly, and to encourage educational partnerships between city government and schools. 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 5~ day of October, 2010. Nelson S. McDuffie MAYOR WHEREAS, tooth decay remains the most common chronic childhood infectious disease and is almost entirely preventable. Caused by a bacterial infection in the mouth, this infection can spread to other parts of the body if left untreated; and WHEREAS, the mouth is the major entry point to the rest of the body; if the mouth is not healthy the rest of the body will be compromised. The effects of poor oral health on the body are associated with heart disease, diabetes, lung disease and the delivery of pre-term and low birth babies; and WHEREAS, we have a variety of common-sense solutions to the problem of tooth decay. By working with our schools to offer dental screenings and treatment services on site, as well as promoting the appropriate use of fluorides such as, fluoride varnishes combined with dental sealants , up to 90% of dental cavities can be prevented; and WHEREAS, access to oral health care at present is quite limited for many and by maximizing the use of all dental professionals to meet preventive and restorative oral health needs, the Florida Public Health Institute and local Oral Health Coalition believe that we can keep Floridians healthy by eliminating dental disease before it starts; and WHEREAS, the Governor of the State of Florida has designated October as Dental Hygiene Awareness Month and efforts to call attention to the importance of good oral health will be highlighted with activities by our local Oral Health Coalition and the Florida Public Health Institute on Wednesday, October 27, 2010. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim October 27, 2010 as: in the City of Delray Beach, and urge all citizens to promote high quality and timely preventive and restorative healthcare services for all our residents. NELSON S. MCDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 RESOLUTION N0.56-10 (TAX EXEMPTION REQUEST FOR ELIGIBLE IMPROVEMENTS/ 220 NORTH DIXIE BOULEVARD) ITEM BEFORE COMMISSION The item before the City Commission is approval of the tax exemption request for improvements to the property located at 220 Dixie Boulevard, Del-Ida Park Historic District. BACKGROUND A contributing, circa 1947 one-story, ranch-style single-family residence exists on the property. The structure's footprint originally measured 1,738 square feet (1,499 under-air, 239 in carport). In 2009, a COA was administratively approved for the reconstruction of the front deck, and installation of impact- resistant windows. At its meeting of August 19, 2010, the Historic Preservation Board approved a COA for the following improvements: • Existing Residence -One-story additions to rear (south) and side (west) elevations to accommodate storage, kitchen expansion, family room, and master suite. • Guest Cottage -New Construction of a one-story structure measuring 519 square feet (325 under- air, 194 wood deck); An additional COA was administratively approved in 2010 for the addition of a chikee but on the east elevation of the guest cottage. ANALYSIS The improvements, both interior and exterior, are complete, and a Certificate of Occupancy (CO) was issued on April 15, 2010. The applicant is now applying for tax exemption status for those improvements. The HPB considered the tax exemption request at their September 15, 2010 meeting and recommended approval of the Ad Valorem Tax Exemption Application Parts 1 and 2. The tax exemption will apply only to the difference in assessed value after the eligible property improvements. The applicant is now before the City Commission for final approval of the exemption request. If approved, the request will be forwarded to the Palm Beach County Property Appraiser's Office and the Palm Beach County Planning and Zoning Department for recording and final appraisal of the improvements. Additional background and an analysis of the request are provided in the attached HPB Memorandum Staff Report. The request contains qualifying improvements under LDR Section 4.51(M)(5)(a)(i)-(iv) and is compliant with the City's Land Development Regulations, the Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Pursuant to LDR Section 4.51(M)(10), the "Final Application/Request for Review of Completed Work" was submitted within eighteen (18) months of the CO. The City's Community Improvement Department has verified that the work has been completed, passed the final inspection, and the Certificate of Occupancy was issued on April 15, 2010. As mandated by LDR Section 4.51(M)(10), the Historic Preservation Board reviewed the Final Application at its meeting of August 18, 2010, and determined that the completed improvements were in compliance with the previously approved request. Pursuant to LDR Section 4.51(M)(12), upon approval of a Final Application/Request for Review of Completed Work by the Historic Preservation Board, the Final Application shall be placed on the agenda of the City Commission for approval by resolution . The expenditures associated with the qualifying improvements total approximately $ll0,000.The tax exemption will be limited to the increase in assessed value (as determined by the Palm Beach County Property Appraiser) and result in an abatement of taxes on the City and County portions for a period of ten years from the date of approval. RECOMMENDATION Approve the tax exemption request, "Final Application Request for Review of Completed Work" for site improvements to the property located at 220 Dixie Boulevard, Del-Ida Park Historic District, based upon positive findings with respect to LDR Sections 4.51(M)(5)(a)(iii) and (M)(5)(b) and the Delray Beach Historic Preservation Design Guidelines. RESOLUTION NO. 56-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING AN AD VALOREM TAX EXEMPTION TO JOHN AND CATHERINE MURPHY FOR THE HISTORIC REHABILITATION OF THE PROPERTY LOCATED AT 220 DIXIE BOULEVARD, AS FURTHER DESCRIBED HEREIN; DETERMINING THAT THE COMPLETED IMPROVEMENTS ARE CONSISTENT WITH LAND DEVELOPMENT REGULATION (LDR) SECTION 4.51(M)(5); PROVIDING AN EFFECTNE DATE. WHEREAS, the Historic Preservation Program of the City of Delray Beach, Florida (the "City"), is designed to preserve, protect, enhance, and perpetuate resources which represent distinctive and significant elements of the City's historical, cultural, social, economic, political, archaeological, and architectural identity; and/or serve as visible reminders of the City's culture and heritage; and WHEREAS, the citizens of Florida amended the Florida Constitution, Article VII, Section 3, to authorize counties and municipalities to grant a partial ad valorem tax exemption to owners of historic properties for improvements to such properties which are the result of the restoration, renovation, or rehabilitation of the historic properties; and WHEREAS, the City of Delray Beach City Commission has approved an ordinance providing for an ad valorem tax exemption for the restoration, renovation, and/or improvement of historic properties (Ordinance No. 50-96); and WHEREAS, the ad valorem tax exemption is one means of offering a financial incentive to increase interest in restoring, renovating, and improving the City's historic structures; and WHEREAS, Ordinance No. 50-96 provides that on completion of the review of a Final Application/Request for Review of Completed Work, the Historic Preservation Planner shall present such Final Application in a regularly scheduled meeting of the Historic Preservation Board and shall recommend that the Historic Preservation Board grant or deny the exemption; and WHEREAS, the property owners filed a Preconstruction Application and Completed Work Application for review by the Historic Preservation Board on September 15, 2010, of an ad valorem tax exemption for the historic restoration, renovation, and improvement of the property located at 220 Dixie Boulevard, and the Historic Preservation Board determined that the completed improvements were consistent with LDR Section 4.51(M)(5) and recommended approval to grant an ad valorem City tax exemption to John and Catherine Murphy for the restoration, renovation, and improvement to the property located at 220 Dixie Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The City Commission hereby determines that the completed improvements to the property located at 220 Dixie Boulevard, as described in the application for ad valorem tax exemption filed with the City, were consistent with LDR Section 4.51(M)(5). Section 2. The City Commission hereby approves an ad valorem tax exemption to the property owner, John and Catherine Murphy, for a ten year period, commencing on 1/1/ll, from that portion of ad valorem taxes levied on the increase in assessed value, between the years 1/1/ll - 12/31/20, resulting from the renovation, restoration, and rehabilitation of the property located at 220 Dixie Boulevard, which property is legally described as follows and which improvements are described in HPB Certificate of Appropriateness No. 2009-220: Southerly 25 feet of Lot 11, and Lot 12, Block 10, Del-Ida Park, Delray Beach, Florida Section 3. Prior to the ad valorem tax exemption described herein being effective, John and Catherine Murphy, shall execute and record a restrictive covenant in a form established by the State of Florida, Department of State, Division of Historical Resources, requiring the qualifying improvements be maintained during the period that the tax exemption is granted. A copy of the recorded covenant shall be provided to the City's Historical Preservation Planner. Section 4. This resolution shall take effect in accordance with law. PASSED AND ADOPTED in regular session on the day of , 201_. ATTEST: City Clerk MAYOR 2 HISTORIC PRESERVATION BOARD MEMORANDUM STAFF REPORT Applicant: John Murphy Property Address: 220 Dixie Boulevard, Del-Ida Park Historic District HPB Meeting Date: September 15, 2010 File No.: 2010-217 ITEM BEFORE THE BOARD The action requested of the Board is to approve the final Tax Exemption application related to additions, alterations, and new construction of a detached guest cottage on a contributing property located at 220 Dixie Boulevard, Del-Ida Park Historic District, pursuant to Land Development Regulations (LDR) Section 4.5.1 {M). negotiable BACKGROUNDIPROJECT DESCRIPTION The subject property consists of the Southerly 25 feet of Lot 11, and Lot 12, Block 10, Del-Ida Park Subdivision. Located within the Del-Ida Park Historic District, the subject property is zoned RO (Residential Office}. A contributing, circa 1947 one-story, ranch-style single-family residence exists on the property, which is located on the south side of Dixie Boulevard between NE 2~~ and 3`~ Avenues. The structure's footprint originally measured 1,738 square feet (1,499 under-air, 239 in carport). In 2009, a COA was administratively approved for the reconstruction of the front deck, and installation of impact-resistant windows replicating the window type and configuration of the original windows. At its meeting of August 19, 2010, the Historic Preservation Board approved a COA for the following improvements: • Existing Residence -One-story addition to rear {south) and side (west} elevations to accommodate storage, kitchen expansion, family room, and master suite. o CMU addition consisting of 793 square feet; o Remove existing screened enclosure to accommodate addition; o Stucco finish to match existing building; o Flat roof of carport extended to rear to accommodate storage addition; o White, aluminum, impact-rated, single-light single-hung and casement windows, and French doors installed throughout addition; o Ofifset by 4" from the existing southeast corner to distinguish the new canstruction from the existing building; o Privacy wall extension measuring 5' in height and 7'6" in length at rear of east elevation; a Twa gable ends off the existing rear elevation, with a flat roof connector; o Flat concrete file on addition will match existing roof. ~ Guest Cottage -New Construction o One-story structure measuring 8'2" to top of beam, with a 4112 pitch gable roof; a Single-light sliding windows throughout; o Footprint measuring 519 square feet (325 under-air, 194 wood deck); o All finishes and calory to match the main residence as noted below. An additional COA was administratively approved in 2010 fior the addition of a chikee but on the east elevation of the guest cottage. The applicant is now before the Board to request review of the Tax Exemption Application for the improvements stated above. In addition to the components associated with the approved addition, all 220 t7ixie Boulevard; Final Tax Exemption Application 2010-217 HPB Meeting September 15, 2010; Page 2 of 5 interior improvements are also eligible for the exemption. Landscaping associated with this project is not permitted as a legitimate expenditure as it is not interpreted as a "site improvement," pursuant to the Florida Administrative Code 1A-38. Based an State regulations, an Ad Valorem Tax Exemption can be approved for a project be#are, during, or a#ter it has been undertaken. The applicant therefore requests consideration of the final ad valorem tax exemption as the project is complete. AD VALOREM TAX EXEMPTION LDR Section 4.5.1(M}, Tax Exemption for Historic Properties Pursuant to LDR Section 4.5.1(M)(1), Tax Exemption for Historic Properties, the City Commission hereby creates a tax exemption for the restoration, renovation or rehabilitation of qualifying historic properties designated. Qualifying properties shall be exempt from that portion of ad valorem taxation levied by the City of Delray Beach an ~QD% of the increase in assessed value resulfing from any renovation, restoration or rehabilitation of the qualifying property made on or offer the effective date of this ordinance. LDR Section 4.5.1(M)(2), clarifies that the exemption does not apply to the following: {a) Taxes levied for paymenf of bonds; {b) Taxes authorized by a vote of the electors pursuant fo Section 9{b) or Section 12, Article 7 of the Florida Constitution; or {c) Personal property. LDR Section 4.5.1(M)(3), explains the duration of the exemption: {a) The exemption period shall be for fen {10) years, beginning January 1st fallowing the year in which final approval is given by the City Commission and the Palm Beach County Property Appraiser has been instructed to provide such exemption. However, the City Commission shall have the discretion to set a lesser term. {b) The term of the exemption shall be specified in the resolution approving the exemption and shall continue regardless of any changes in the authority of fhe City to grant such exemption or change in ownership of the property. To retain an exemption, the historic character of the property and the improvements which qualified the property for an exemption must be maintained in their historic state over the period for which the exemption was granted. LDR Section ~.5.1(M)(5)(a-b), provides the parameters for qualifying properties and improvements. The subject property qualifies as it is considered contributing within the Del-Ida Park Historic District. The following, (5)(b), identifies qualifying improvements: (b) Far an improvement to a historic property to qualify the property for an exemption, the improvement must: {i) be consistent with the United States Secretary of the Interior`s Standards for Rehabilitation, as amended,• {ii) be determined an improvement by the Historic Preservation Board as established in rules adapted by the Department of State, Division of Historical Resources, FAC 7A-~38, as amended which defines a real properly impravemenf as changes in the condition of real property brought about by the expenditure of labor and money for the restoration, renovation, ar rehabilitation of such property. Improvements shall Include, but are not limited to: modifications, repairs, or additions fo fhe principal contributing building and ifs associated accessory structures {i. e. a garage, cabana, guest cottage, storage/utility structures, swimming pools), whether existing or new, as long as the new construction is compatible with the historic character of the building and site in terms of size, scale, massing, design, and materials, and preserves the historic relationship between a building or buildings, landscape 220 Dixie Boulevard; Final Tax Exemption Application 2010-217 HPB Meeting September 15, 2014; Page 3 of 5 features, and open space. The exemption does not apply to improvements made tv non- contributing principal buildings or their non-contributing accessory structures. (iii) be consistent with Section 4.5.9(E), 'Development Standards'; of the city's Land Development Regulations; and (iv) include, as part of the overall project, visible improvements fo the exterior of the structure. STAFF COMMENT: The project meets criteria {i) and {ii} through previous approval by the Board of the associated improvements outlined above which constituted its compliance with the Secretary of the interior's Standards for Rehabilita#ion, as well as the rules of Florida Administrative Code 1A-38, promulgated by the Florida Department of State, Division of Historical Resources. The development project meets criterion {iii} per the COA approval which applied the LDR Development Standards in the assessment of the proposal. Finally, the project meets criterion (iv) as the project encompasses visible improvements to the exterior of the building and related property. LDR Section 4.5.1(M)(7J, Application for Exemption, provides fhat Part 1, Construction Application, may be submitted before, during, or after qualifying improvements are initiated, and Part 2, the Final Applicafion/Request for Review of Completed Work, shall be submitted upon completion of fhe qualifying improvements. STAFF COMMENT: The qualifying improvements were completed prior to submittal of Part 2 as the Certificate of Occu anc has been issued. LDR Section 4.5.1(M}(8)(a), Part 9, Construction Application, requires that the submitted application contain information concerning the estimated cost of the qualifying improvement and be accompanied by a copy of fhe most recent tax bill from the Palm Beach County Property Appraiser for the property. STAFF COMMENT: The submittal of the estimated cost of the qualifying improvements is pending, and is added as a condition of approval. The historic exemption value resulting from the improvements will be determined by the Property Appraiser's office. LDR Section 4.5.1(M)(9), Review of Construction Application by the Historic Preservation Board, requires that the Historic Preservation Board review the Construction Application within GO days of the Historic Preservation Planner's determination of eligibility, and; that if Part 1 of the Construction Application is submitted after the project has been completed, the application must be submitfed within 98 months from the date of issuance of a CO. Further, if the HPB determines that the work as proposed is a qualifying improvement and is in compliance with the review standards contained in Section 4.5.9(E~, the Construction Application and, if applicable, the COA shall be approved by the HPB. However, if the HPB determines that the work as proposed is not a qualifying improvement or is not in compliance with the review standards contained in Section 4, 5.9(E), corrective measures shall be prescribed by the Board. STAFF' COMMENT: As previously noted, the property received a Certificate of Occupancy on April 15, 2(}14 which was within eighteen {18) months of the application submittal date. Therefore, the project is eligible for review and, if the Board deems the request #o be in compliance, it is recommended that the application be approved. LDR Section 4.5.1(M)(1q)(awc}, Part 2, Final Application/Request for Review of Completed Work, provides criteria far review of the fine! application: (a) If the Historic Preservation Board determines thaf fhe work is a qualifying improvemenf and is in compliance with the review standards contained in Section 4.5.9(E), the Board shall approve 220 Dixie Boulevard; Final Tax Exemption Application 2010-217 HPB Meeting September 15, 2010; Page 4 of 5 the Final Application/Request for Review of Completed Work and the Historic Preservation Planner shall issue a written order fo the applicant. (b} The Final Application/Request for Review of Completed Work shall be accompanied by documentation of the total expenditures of the qualifying improvemenfs. Appraprlate documentafion may include, but is not limited fo, paid contractor's bills, AIA Forms 702-704, canceled checks, Copies of 1r7VO1CES, and an approved building permit application listing the cost of work to be performed. Upon the receipt of a Final Application/Request for Review of Complefed Work and all required supporting documentations, the Nisforic Preservation Board shall conduct a review of a regularly scheduled public meeting to determine whether or not the completed improvements are in compliance with the work described in the Construction Application, approved amendments, if any, and Section 4.5.1(E}. After the above mentioned review, the Historic Preservation Board shall recommend that the City Commission grant or deny the exemption. {c} if the Historic Preservation Board determines that the work as completed is eifher not a qualifying improvement or is not in compliance with the review standards contained in Section 4.5.9(E}, the applicant shall be advised fhat the Final Application has been denied. The Historic Preservation Planner shall provide a writfen summary of the reasons for the determination to the applicant. STAFF COMMENT: The "Final ApplicationlRequest far Review of Completed Work," Part 2, has been submitted as the work is complete. The City's Community Improvement Department has confirmed that a Certificate of Occupancy {CO) was issued for the property on April 15, 2fl10. LDR Section 4.5.1(M}(12}, Approval by the City Commission, notes that the approved Final Application/Requesf for Review of Completed Work by the Historic Preservation Board shall be placed by resolution on the agenda of the City Commission for approval. The resolution of the City Commission approving the Final Application shall provide the name of the owner of the property, the property address and legal description, a recorded restrictive covenant as provided in Section 4.5.9(M)(93} in the official records of Palm Beach County as a condition of receiving the exemption, and the effective dates of the exemption, including the expiration date. STAFF COMMENT: Should the HPB make a recommendation to approve the subject request, the item will be placed on the October 7, 2010 City Commission agenda for approval and subsequently forwarded to the Palm Beach County Property Appraiser's Office and the Planning and Zoning Department for recordation, LDR Section 4.5.1{M}{13}, Historic Preservation Exemption Covenant, explains the covenant required in order to qualify for fhe exemption: (a} To qualify for an exemption, the applicant must sign and return the Nisforic Preservation Exemption Covenant with the Final Application/Requesf for Review of Completed Work. The covenant as established by the Department of State, Division of Historical Resources, shall be in a form approved by the City of Delray Beach Cify Attorney's Office and applicable for the term for which the exemption is granted and shall require the character of the property and qualifying improvements to be maintained during the period that the exemption is granted. (b} On or before the effective date of the exemption, the owner of the property shall have the covenant recorded in the official records of Palm Beach County, Florida, and shall cause a cerfifled copy of the recorded covenant to be delivered to the City's Historic Preservation Planner. Such covenant shall be binding on the current property owner, transferees, and their heirs, assigns and successors. A violation of the covenant shall resulf in the property owner being subject to fhe payment of fhe differences between the total amount of the faxes which would have been due in March of each of the previous years in which fhe covenant or agreement was in effect had fhe property not received the exemption and fhe total amount of taxes actually paid in those years, plus lnferest on the difference calculated as provided in Sec. 292.92(3}, Florida Statutes. 220 Dixie Boulevard; Final Tax Exemption Application 2010-217 HPB Meeting September 15, 20t0; Page 5 of 5 LDR Section 4.5.1[M)(1~)(a-d), Revocation Proceedings, provides guidelines fo revocation of the tax exemption upon violation of the recorded covenant. (a) The Historic Preservation Board may initiate proceedings fo revoke the ad valorem tax exemption provided herein, in the event the applicant, or subsequent owner or successors in interest to the property, fails to maintain the property according to the farms, conditions and standards of fhe Historic Preservation Exemption Covenant. (b) The Historic Preservation Planner shall provide notice fo the current owner of record of the property and the Historic Preservation Board shall hold a revocation hearing in the same manner as in Section 4.5.9(M}{10), and make a recommendation to the City Commission. (c} The Cify Commission shah review the recommendation of the Historic Preservation Board and make a determination as fo whether the tax exemption shall be revoked. Should fhe Cify Commission determine fhaf the tax exemption shall be revoked, a written resolution revoking the exemption and notice of penalties as provided in Paragraph 8 of the covenant shall be provided to fhe owner, the Palm Beach Caunfy Property Appraiser, and filed in the official records of Palm Beach County. (d) Upon receipt of the resolution revoking the tax exemption, the Palm Beach County Property Appraiser steal! discontinue the tax exemption on the property as of January 1st of the year following receipt of the notice of revocation. The Sections noted above regarding the "Restrictive Covenant" and "Revocation Proceedings" are provided to demonstrate that the tax exemption is binding, and if violated, the property owner would have to comply with the consequences. ANALYSIS The tax exemption request complies with the criteria contained in LDR Section 4,5.1(M} as the Board approved the associated improvements by making positive findings with respect to the applicable LDR Sections, Delray Beach Historic Preservation Design Guidelines, and Secretary of the Interior's Standards far Rehabilitation. Therefore, positive findings can be made with respect to LDR Section 4.5.1(M). ALTERNATIVE ACTIONS A. Continue with direction. B. Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 220 Dixie Boulevard, Del-Ida Park Historic District, based upon positive findings with respect to LDR Section 4,5.1(M). C. Recommend denial to the City Commission of the complete Ad Valorem Tax Exemption Application for improvements to the property at 220 Dixie Boulevard, Del-Ida Park Historic District, based upon a failure to make positive findings wi#h respect to LDR Section 4.5.1 {M). (Motion to be phrased in the affirmative. See above.) RECOMMENDATION Recommend approval to the City Commission of the complete Ad Valorem Tax Exemption Application far improvements to the property at 702 SE 2nd Street (fka 200 Marine Way), Marina Historic District, based upon positive findings with respect to LDR Section 4.5.1 {M} subject to submittal of the estimated cost of ualif in im rovements rior to Cit Commission consideration. Report Prepared ky: Amy E. Alvarez, Historic Preservation Planner Attachments: Photographs of Before and After I~"rca~~,r~~ l~~i~~wr~uP~i~;~ti~a~'~ a„~I~'~r'._._~ '~..W__... _ w ~ ~ ~ ~ u ~~ ~ ~~~ a I ]7~a'rCa~~r~Y ~tt~~t ~~u~C ~~~c; ix~['c~~a~~al~ix~~~ I ~~ ~~ ~;~; ~ ~ ~:." 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JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 30, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ACCEPTANCE OF RIGHT-OF-WAY AND HOLD HARMLESS DEED/215 N.E. 5TH AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed for a two foot (2') dedication of alley right-of-way and a hold harmless agreement associated with a lnndscape island at Krystal Kleen Coin Laundry located at 215 NE 5th Avenue. BACKGROUND The subject property consists of 0.21 acres and includes an existing 1,500 sq. ft. one-story laundromat facility which was constructed in 1971. On November 19, 2009 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan request to demolish the existing structure and construct anew 5,630 sq. ft. two-story mixed use building with a coin laundromat on the lower level and two (2) residential apartments on the upper level for Krystal Kleen Coin Laundry. As a condition of site plan approval, a two foot (2') alleyway dedication along the east portion of the property is required. In addition, a hold harmless agreement is proposed for landscape islands that will be constructed in this dedication area until the area is utilized for future ingress and egress. Acceptance of this right-of-way dedication and hold harmless agreement are the items before the Commission. ALLEY DEDICATION Pursuant to LDR Sections 5.31(D)(2) and 5.31(D)(3), the required width of an alley is twenty feet (20') or the existing dominant width. Additional right-of-way width may be required to promote public safety and welfare, to provide for storm water management, to provide adequate area for street trees, and to ensure adequate access, circulation and parking in high intensity use areas. The currently dedicated alley right-of-way is sixteen feet (16'). The City Engineer has determined that the width of the alley should be expanded to a total width of twenty feet (20'), which is consistent with the widths that have been provided with recent redevelopment proposals in the Central Business District (CBD). Therefore, a dedication equivalent to one-half the additional right-of-way (i.e. two feet) from the east property line was required. The City Attorney has reviewed the Right-of-Way Deed and form for legal sufficiency, and has determined it to be acceptable. HOLD HARMLESS AGREEMENT Two (2) landscape islands are proposed within the two foot (2') dedication area. These improvements can be installed within the dedication area subject to the execution of a hold harmless agreement. This agreement will verify that the City assumes no liability for these improvements and the agreement addresses the removal of the improvements by the applicant upon request by the City. The City Attorney has reviewed the Hold Harmless Agreement and form for legal sufficiency, and has determined it to be acceptable. REVIEW BY OTHERS At its meeting of November 19, 2009, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for Krystal Kleen Coin Laundry, subject to conditions, which included recording a two foot (2') right-of-way deed for the adjacent alley. The hold harmless agreement is an administrative requirement and was not reviewed by the Board. RECOMMENDATION By motion, accept the right-of-way deed and hold harmless agreement for Krystal Kleen Coin Laundry located at 215 NE 5th Avenue. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, FL 33444 HOLD HARMLESS AGREEMENT This Hold Harmless Agreement and General Release, is made this day of 200_ by and between the City of Delray Beach, Florida ("City") and ~6..~ ~-1r~ ~'~e,~,s~' with a mailing address of 2\S NE. s'hn AVE. ~'y ~oGN '~. 334 $3 and hereinafter referred to as ("Owner"). WITNESSETH: ly/~~,~~ WHEREAS, Owner, has requested approval to install a ;G~~/yca ~ on the structure located at z~5 u~ 5s" ~tV~, ,Delray Beach, Florida in accordance with Exhibit "A" and pursuant to the requirements of the Land Development Regulations of the City of Delray Beach, Section 6.3.4; and, WHEREAS, the Land Development Regulations of the City of Delray Beach, Florida in Section 6.3.4 requires approval of the Chief Building Official through approval of an applicable agreement with the City; and, WHEREAS, Owner agrees to abide by all the regulations governing ~~ri~~i~e%/~i~~~ extending into the public right-of-way as contained within the ordinances of the City of Delray Beach. ~ ~, ,J NOW, THEREFORE, FOR THE MUTUAL COVENANTS AND MATTERS SET FORTH HEREIN, AS OF THE DATE SET FORTH ABOVE, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. "fhe recitations set forth above are incorporated herein. 2. Owner acknowledges that the City shall assume no liability or responsibility for said land, structures, improvements, materials, appurtenances or the partial or complete destruction or removal of the same on the subject property. 3. Nothing in this Agreement relieves Owner of any obligation imposed under the City's Land Development Regulations or Code of Ordinances. Owner is responsible for obtaining any and all~ermits required in connection with the ~~d ca 1~~~ construction/installation of the ~ ~ and/or supports. ~,~~6e~~e lsJ~~~ 4. Owner shall construct/install the in the location as shown on Exhibit "A". 5. Owner, on behalf of himself/herself, his/her successors, heirs, and assigns, acknowledge that the City shall assume no responsibility for the lc,~~~c~rr~ /s/~~~~ which is being placed within the public right-of-way. 6. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, agree to hold harmless the City, its agents, officers, employees and servants from any damage /~~ro~ to the l~~n~,~Q e and other related improvements which will be placed within the public ~~dsc~y~ ls~n~' right-of-way. It is understood that any cost for replacement of the and other related improvements shall be Owner's, his/her successors, heirs and assigns responsibility and City will not be held liable for any damage as a part of any maintenance or construction within the said public right-of-way. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained 2 herein and other good and valuable consideration, agree to defend, indemnify and hold harmless the City, its agents, officers, employees and servants from any claim, lawsuit ~CiYk~.ri~Pe ~5,~iu~ or action brought against the City as a result of the being placed within the public right-of-way. 7. The City or its agent, contractor or representative shall be allowed to access the enclosed portion, if any, of the public right-of-way at any time. la~~l~epe l~~rl~ 8. Owner shall remove the from the public right-of-way within twenty (20) days of receiving notice from the City requesting removal. If Owner fails to remove hi9r>'~C~/x /sk.~~ /~, , the ,the City may remove the ~`~'~~~ ~~ ~~and bill the Owner for the cost of such removal. The City, or its agents or contractors, shall not be responsible for any damage h ~~~~pe- ,~~~~o~ that may occur to the during such removal. The City may request removal of lc~~~sU'i~e lsl4li~ the for any reason and in its sole discretion. 9. Owner, his/her successors, heirs, and assigns, in consideration of the mutual promises contained herein and other good and valuable consideration, further agree to hold harrriless, defend, or reimburse 'the City, for any damage that is caused to the City's public right-of-way as a result of the construction, maintenance or existence ~in~P~~pe lsluh~ of the located in the public right-of-way. ~~ 10. The Owner's placement of the ~i~~d~d~ ~ in the public right-of-way shall not in any way be construed as a constructive abandonment by the City. 11. This agreement shall not be valid unless signed by the City's IVlanager and City Clerk. 3 12. "this agreement constitutes the entire agreement between City and Owner and may not be altered, amended, or modified except by an instrument in writing signed by the parties to the agreement with all the same formalities as this agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: By: City Clerk Approved as to form: By: City Attorney WITNESS"° ,f r~l _. _. _ .- (name typed or handwritten) ~~ WITNES~'~' ~, ~ ,4 (name typed r~h dwriti~n CITY OF DELRAY BEACH, FLORIDA By: City IVlanager OWNER: By: _ ~" ~ , ~- f ~ ~ _ _ . (name typed oror andwritten) SEAL STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing®inytrum t was acknowledged befor( me this ~ day of ,... ~ ~,~ ,.4 titl of office ~ 2040 b ~ name of officer or agent, r or agent), of i'• ~ _'_ . .' ___W_ _ _rr .. (name of corporation ~--_ acknowledging), a ~ (state or place of fincorporation) corporation, on behalf Fof thy, corporation. He/She is personally known toy me or has produced .~ ~ (type of identifig tion) as ~~de~ 'fication and did/did not take an oath. ~ y, Sigr}a#Ure of erson Taking NOTARY PUBLIC-STATE OF FLORIDA AC~nowled ent """ Judy Astiorga Commission ~`DD757110 '- ' Expires: F1;B. 10, 2012 A9?Y9C,k3 `l24Ht~ A`Cl~ElN`Cl~ BQNHnV6 CO., INC; 4 OSi'.o/2U10 13:16 ~'AX 5812437221 DEI.EA.Y BCB CDl4lhf TMY--P&Z C~1Ufl4/flfl5 Prepared by: RETURN: R. Brian Shukt, Esq. City Attorney's(3ffice 200 N.W. ist Avenue Delray Beach, Ploricia 33444 ~][~~3T-~~F~~~~ DEED THIS ENTL]RE made this ~ ~ day of ~ ~n (~ 200~(~ between ~ ~~ r ~ , with a mailing address of~) ~ ~"~ ~ , ,~ as party of the first part and CITY OF DELRAY BEACI'f, FLU A, a Florida municipal corporation with a mailiu~g address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other goad and valuable consideration, does hereby gra~at, remise, release, quit claim and convey unto the party of'the second part, its successors and assigns, alI right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, Iying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the paa~y of the second part, its successors and assigns, aright-of--way and easement in and to said lands fox public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revert in the party of the first part or assigns, except that the easement far public utility purposes shall remain until released. That this right-af-way;,:~hall be subject only to those easements, restrictions, Fuj:d reservation of record. The party of the fast part agrees to provide for the release of any and all mortgages ar liens. encumbering this right-of way. The party of the first part also agrees to erect no building or effect any ether kind of construction ar irnpravements upon the above-described proP~7'• Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful elai~ns of all persons whomsoever claimed by, through or under it, that it has good tight and lawful authority to grant the above-described right-oF way fmd 05Y] 0/20I0 13:.16 FAx 5612437221 DELI2AY $CH COhLM IH~IP-P&Z f~j 005J005 that the same is unencumbered. Where the context of this Right-of--Way Deed allows or perm its, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, ril;ht, tine, interest, and claim. whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assip,,ns. IN ~'I1 NESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Si ed, sealed d delivered i e re Name printed or typed) PARTY OF THE FIRST PART By: , ~ ------- ~~. {Name printed or typed) "~ (Name printed or typed) STATE OF 'F ~O ~ I D COUNTY OF ~~~„~-mil ~~ACH ~ ~~ ~~~~'ePD~IrrI~~~P:c~~, ~.~ ~~ (Address) The foregoing instr~xment was acknowledged before me this ~ day of ul~~ 2Da~ by , [ L.~Ir `~ , ,~_ who i er50n y ~ o a Mme or has praduced as i fieation. Si of blic - State of Florida NOTARY PEBI.IC - STATE OF FLORIDA ,~,.,• Chlgtuta Ivl.:~.lexis =Commission #DU635371 "'••.~,,,,.~~' Expires: FEB. 01, 2fl11 EOND~D THRUATLHN7gC BONING CO., fNC. ,ioreph M. Tucker, P.LS. 2' ADDITIONAL RIGHT OF WAY FOR ALLEY CITY OF DELRAY BEACH, FLORIDA THE EAST 2.00 FEET OF LOTS 9 AND 10, LESS THE SOUTH 50.00 FEET OF LOT 10, AND LESS THE WEST 10.00 FEET, OF LOTS 9 AND Y 0, ALL IN BLOCK 106, AS RECORDED IN THE MAP OF THE TOWN OF LINTON, FLORIDA, IN Pl_,AT BOOK 1, PAGE 3 OF THE PUBLIC RECORDS OF PALM BEACH, COUNTY, FLORIDA. ~_ =~~.15.~{.,~b~ ' • 135 ~ ~1" X35` I r35 .;. _f C r a 17~ '~ r V = 10 40 :52.5 52.5' /35' ~ l35. /3.5 1 ° -0 -...___ . -~ f r ~ ~s _ [ 5~ ; 17 2B p - O 78 . j ~ f9 ? .3o b - r6 e - ~~ 9 I ~ 32 . .r ~ ~ 21 - - c~ l$ BWNIaARY SURV$'!5 MORTGAGE SURVEYS CONSTRUCTION 4AYOUT ro _ ~ h 333x' ~. :~~ ~~•- ~~ ' ~zz.s'- ~ h 4Q 575 51.5 i35' D_ ~ 135' 1T35' CERTIFICATION: 50 . 135• 16 1.~~ ' gyp' ~ ~~ ~ G 1 J/1'7Ur~lO!`/El ~ bra' /35' l.~'S` - 66' I HEREBY,;~CERTIFY THAT THE DESCRIPTION AND THE ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WTTH THE SURVEYING STANDARDS, CHAPTER 61 GI76, FLORIDA ADMINISTRATIVE CODE, SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA ' STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF, UNLESS IT BEARS THE SIGNATURE AND THE ORIGII~tAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS DRAWING, SKETCH, PLAT OR MAP IS FOR INFORMATION PURPOSES ONLY AND IS NOT VALID BY; LS 21 Q2 Joe Tuc€cer r~sEP M~TUCKEx, ~ATE~J ~ ! ~ STEREO LAND SURVEYOR NO. 8 ATE OF FLORIDA NOTE: THIS IS N,OT A SI~TCI~ OF SURVEY, BUT ONLY A GRAPHIC DEPICTIONS OF THE DESCRIPTTION SHOWN HEREON, THERE HAS BEEN NO FIELD WORK VIEWING OF THE SUB7ECT PROPERTY, ORMON[TMENFS SET IN CONNECTION W1TT3 THE PREPARATION OF THFS INFORMATION SHOWN HEREON, NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED BY THE SURVEYOR FOR RIGHTS OF WAYS, EASEMENTS OR RESERVATIONS OF RECORD uwo suRVeroRs • ~ • / ~ A • ~ 1 I I Phone: -Sots {561) 391-4388 JOSEPH M.TUCKER, P.L.S. 8oyrs#an {551) 737-554fi 219 5.E.23rd Ave, • P.O. Box 759 ' FAX {581) 734-7595 Boynton Beach, FL 33435 219 S.E. 23rd AVEN#JE _ P.O. BOX 759 • BOYNTON BEACH; FLORIQA 33435 BOYNTON BEACH Phone (56i) 737-6546 Fax (561) 734=7546 H ~ ~ . ~,, r~> (r''~ _~41vt~ - ~ 1.t?~..> i~8 . ~tf ~ _ _ l~ ~~ ~,; 4 ~ f ~: ~ ~. , N. ,.1~ ~ . .. ~ ~~_~. ~ ~ _~ 111111 _.~l , . J .. ~ ~. : .. . S . _ 1~.}} ~'s - _ . PF - Sy :,~y `/~~} _' , ~ ~ I~w ll y J " ~~ ~ ~iy~ ~ i Y~ ~ ~ ~ ~ ~~:. -~.F a . 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T-_. IiJ 7 J Q Q ~ Q z ~ ~ ~ } 0 ~ ti w ~ a a w z a t x J Q EY EzJ O W L~ 2Na a ~ ~ Z ~ O O C37 m ~ ~ !- ~- ~ ~ p O (/~ Z !J. E. i ~T ~IJ ~ ~~ A V E N U E a W -. " ~ ~ N SUBJECT PROPERTY. KRYSTAL KLEEN COIN ~AUNQRY . 12 43 4~-16:07 10G O(l9d . . ~ TES AVENUE '15 N~ 5 .' `~ P~.A~INING 'AND ZONING ` ~ . E7E!'AfiT1u1~NT ' - ; ~.ooA ric~ty NiAP ,. -- 0!GlTRL ~95F M4P SYSIEdI -- MAP REF; 5;\pldnning & Zoning\06F,L5\Flle-Cab\Z-IAS ]009-1540\1AS1150_KrysLal Hleen Coin Laundry A T L A N T f C .SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETfNG DATE: November 19, 2009 ITEM" Class V Site Plan for the Krystal Kleen Coin Laundry associated with the demolition of the existing one~story building and construction of a new 5,360 sq, ft. two-story mixed use budding with a coin faundromat on the lower level and two (2) residential apartments on the upper level. GENERAL DATA: Owner ........................... Applicant ..................... Agent .............................. Location .......................... Property Size .................. Future Land Use Map..... _ '*~ Current Zoning ................ Adjacent Zoning....North: East: South: West: Existing Land fJse........... Proposed Land Use........ Water Service ................. Sewer Service.. ............... Trust Faith D. Burke Michael Weiner & Associates On the east side of NE 5"' Avenue, north of NE 2"d Street D.21 acres (9,D55 sq. ft.) CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District) CBD (Central Business District} CBD (Central Business District) 1-story Coin Laundromat 2-story Mixed-Use Development Availablo via a lateral connection to an existing 8" water main located with the NE ~m Avenue right-of-way. Available via lateral connection to an existing 8" sanitary sewer main located within the east alley right=of-way, . ~_ _ __ . ,,: _.~~ ___ ; ... The item before the Board is the approval of the following aspects of a Class V site plan request fior Krystal Kleen Coin Laundry, pursuant to Land Development Regulations {LDR) Section 2.4.5{F)(1}{a): . ^ Site Plan; ^ Landscape Plan; and ^ Architectural Elevations; and ^ Waiver Requests The site is located on the east side of NE 5"' Avenue, north of NE 2"d Street. The subject property consists 0.21 acres and includes an existing 1,500 sq. ft. one-story laundromat facility which was constructed in 1971. Naw before the Soard for action is a Class V site plan request to demolish the existing structure and construct a new 5,360 sq. ft. two-story mixed use building with a coin laundromat on the lower level and two (2} residential apartments on the upper level for Krystal Kleen Coin Laundry. The development proposal incorporates the following: ^ Construction of an 5,360 sq. ft. two-story mixed use building with a laundromat on the lower level and two residential apartments on the upperleve! ^ Provision of fourteen (14) shared parking spaces ^ Installation of associated landscaping The site plan application also includes a special action parking reduction and waiver requests for the foliovv'tng sections of the City's Land Development Regulations: 1, Special Action Request pursuant to LDR Section 4.6.g{F){1), which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use; 2. Pursuant to LDR Section 4.6.16.H.3.j., parking rows shall have terminal landscape islands on each end; 3. Pursuant to LDR Section 4.6.16.H.3.i., landscape islands shall con#ain a minimum of seventy five (75) sq. ft. of plantable area typically with a minimum width of five {5) feet wide and length ofi fifteen {16} feet; anct, 4. Pursuant to LDR Section 4.6.9{D}{~)(c}{1), the minimum stacking distance shall be fiive feet (b') for up to twenty {20) proposed parking spaces. Si#e Plan Review and Appearance Board Staff Report: Meeting of 1 i1191D9 Krystal Kleen Coin laundry Class V Site Plan, Landscape Plan and Architectural ~fevations Page 2 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations sha11 specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.4.13 (F) -Central Business District Design Guidelines: The following table indicates that the development proposal does meet the requirement of LDR Section 4.4.13 (F){4)(b), as they pertain to the Central Core area of the GBD zoning district design guidelines. _~- -• ~E,~»..k_ ~p ~~"~~•j~ ~..~_=~~~M~~~F-/~'^ (] y.~n. }- ,y -.-F= 11i~.V~,Y ~.s ~^~~j-~ 5.~'-". ..,[y-- 'n rs-`--R~..,.».'"~"~`~`_~-`-`-. ~.G_"ti__~'~r_3~r~d~.~~_~.4~~11It~~__... ~_.. ~y~J y~~ - ~~FJ~1-£ ._....'3+1,~~~ _ ~ ' ~_ ! ~J.l..l~~~_. ---'-~~s. •--~__-.. ~FI1LF_-~ -. I'±.7~ ~ -~; -.. anu .~...~ ~-^-~^.._ ~'ix~°_. ~---~~.~~~ ~. - -- minlrrias~-- ==-_ - ~'~r~ta~_ - ---;gin e_ _-~ ...~.~ T ..: ~ _ ;.W~ .v ~^ -~~.: ~_ _~ ~~ Finished _~.~:~_;_` ~~~" 7D°1o 190% 10' max 50' 1 fi4' S4' ~-- grade to t~_ =.~° a.~=,~.-.-.=.~ 72` t_ot Remaining -~_ ~~ Frontage length 15' min. 21' 17' 15' " n-~.. ~. 8uildinct Height: Min. 25' ! Max.4$' 33' Owen Saace: 10% 13.69% ~. The development is in compliance with the LDR Section 4.4.13(F) CBD zoning district design . guidelines. Off-Street Parkin Pursuant to LDR Section 4.6.9(0)(3), General Commercial uses sha!! provide 4.5 spaces per 1,000 square feet of gross floor area. The following shared parking table is utilized to calculate parking for the proposed 5,360 sq. ft mixed-use building. ..~ .__ -~ ~.Y_~ -- - - - ~.M~-_ =.. ~ -=~ = - ~~~~- - - _ _ -- -~~ ~~ ___. _~, ~~ IttC~~ -_< '-=. - ~ '' ~ T Y-M[f~E •..tL~~o_ fi~il~ - _ ~~E1[1~1.~~711C.t _ ....~- _ _ '.~~ ~.--`.>.~~A:t~4~~~! ....._ .,M.. ._ 8'F ~.oF~VEii~i i-i Residential -= (AdditionallGuest 1 0 ...-1~0%.. 1 A 6[l"(a... 0 6 ..:,.9©"t~: 4.9 ~ 8~°~ :~ 0 B ;-9~i% ; 0.9 DttiCe O D -:;.<5%:.:: D.0 ;..117[1°k:.: D D X10%u Q_D '-. „1 D%' D D `.:-5%?: O.D CommerciallRetail 128 .=:`5°!a ?: 0.64 ~ .Z~°k`: 8.98 :._9Q%.:' 11.55 =10Q°To,: 12.83 i''.0°~~.i 8.98 Restaurant 0.0 ..:.. .. .. -:'° ~::1 D%;~ 0.0 50% 0 0 ~ 1 ~A°h : ~ 0.0 ` .., SQ%n 0 0 •: :1(}D%' O.D Residential ._ ::: (Reserved) 2 5 1.bt)%~ 2-5 1130%u ~ 2 5 .3QOJo 2.6 -1DQ°1a : 25 ~k00a14: 2.5 707ALS (Raund) 1fi.33 t16} - _ -,: 4.14 t4] ..:~..< 12.D9 (12} - _._ =- 14.95 (15} . -...... 16.14 (16} .;, :~ ~ 12.33 (12) Site Plan Review and Appearance Board Staff Report: Meeting of 111191D9 Krystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevafions Page 3 The maximum required parking for the proposed mixed-use development is sixteen (16) parking spaces. The residentia! uses wil! require 1.25 parking spaces each for the residences {2.5 combined} and .5 spaces each for guests (1.Q combined} for a total of 3.b spaces (2.5 +1.0=3,5). The 2, 8a3 sq. ft. laundry facility will require 12.83 spaces (2,85311000 x 4.5 = 12.83). The total parking requirement would be 16 spaces (3.5+12.83=15.33). Based upon the shared parking calculations, the minimum parking requirement for the mixed-use development would be 15.14 parking spaces, fora 0.19 space shared parking reduction. Fourteen (14) parking spaces have been required, thus two (2) additional parking spaces are needed. A special parking reduction pursuant to LDR Section 4.6.9(F)(1)is being requested for consideration by the Board. An analysis of this request is provided below: Reduced Parking Request for Conslderatlon By the Board Pursuant to LDR Section 4.6.9(F)(1}, when, upon receipt and acceptance of special documentation, it is conclusively demonstrated that a reduced number of parking spaces will accommodate a specific use, the body which acts on the attendant site plan may reduce the parking requirements accordingly. The applicant suggests that were it not for the inclusion of 647 sq. ft. of area dedicated solely to allow employees to service the machines, that the required parking for the site would only be thirteen (13) spaces, and in such case one (1) additional space is provided for a total of fourteen (14) spaces. However, it should be noted that pursuant to LDR Section 4.6.9.C.3.a, these areas can not be excluded from the square footage utilized to calculate the parking requirement. The gross floor area must be utilized. The net floor area calculations is only permitted for business and professional offrces use pursant to LDR Section 4.6.9.C.4.a. Likewise, the applicant has indicated that the fwo (2) units will be occupied by persons who currently utilize public transportation, so no residential parking spaces are actually needed. However, staff can not assume that these units won't be rented out at a later time to residents who do drive their own vehicle or that there might be guests visiting the two (2) residents who will need parking spaces. 1/ikev~ise, the residents may acquire their own personal vehicle at a later date which will deem it necessary for their reserved parking areas to preexist. It should be noted that pursuant to LDR Section 4.6.9.E.3, new developments are not eligible for in-lieu parking spaces as indicated in LDR Section 4.6,9.E.3.b.2, for existing or expanding developments. Therefore, the only option for Krystal Kleen Coin Laundry is to provide the required sixteen {16) parking spaces or request this special reduction down to four#een (14) spaces. It should be noted that due to the nature of operations for a laundromat, individual patrons are not likely to be parked for more than two (2) hours at a time. There is also ~a tendency for patrons to load and unload from their vehicle and then leave and return to the premises, or be dropped off while waiting to finish their laundry on-site. In such case, the reduction of the parking spaces will not adversely affect the surrounding area, hinder development of adjacent properties or otherwise depreciate the neighborhood_ Thus, staff supports the request for approval of the two (2) space parking reduction for Krystal Kleen Coin Laundry to allow the provision of fourteen (14} spaces instead of sixteen (16) spaces. Sike Plan Review and Appearance Board Staff tieporE: Meeting of 11/19/09 Krystal Kleen Coin Laundry Class V Sike Plan, Landscape Plan and Ar~itectural 1=levations Page 4 Number of Landscape islands Waiver Analysis: Pursuant to LDR Section 4.6.16.H.3.j., parking rows shall have terminal [andscape islands on each end. There are two (2) parking rows proposed for Krystal Kleen Coin Laundry. Four (4) terminal landscape islands are required and two (2) have been provided. A waiver has been requested to reduce the number of required terminal landscape islands by two {2) to allow one {1) on each end of the parking rows adjacent to the alley right-of-way. No terminal landscape islands will be provided adjacent to the new two-story mixed use building. The applicant has provided the following justification statement regarding the waiver request: "...in lieu of the free feet {b') landscape islands at fhe ends of the sfalls closest fo the building, adequate separation has been provided between fhe ends of fhe parking sfalls and fhe building, keeping fhe vehicles a respecfable distance away from the building and ifs entrances. To fhe extent reasonably possible, fhe solutions take info consideration fhe safety of the users of fhe facility..:" 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 an other property for another applicant or owner. Pursuant to LDR Section 4.6.16,N.3.j., parking rows shall have terminal landscape islands on each end. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Likewise, the CBD does not require any open space requirement and the applicant has voluntarily provided 13.69°/4 open space. Given the constaints due to the lot size {0.21 acres) and the fact that two feet {2') of right-of--way has to be provided in the form of an alleyway dedication, the site has reasonably accommodated adequate landscaping on-site which will be a substantial improvement to the existing conditions. ]n turn, a reduction to two {2) terminal landscape islands do not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required number of landscape islands from four {4) to two {2) for Krystal Kleen Coin Laundry with respect to LDR Section 2.4.7{8)(~). Minimum Piantable Area of Landscape islands Waiver Analysis: Pursuant to LDR Section 4.6.16.H.3.i., landscape islands shall contain a minimum of seventy- five {75) sq. ft. of p[antantable area typically with a minimum width of five {5) feet wide and Site Plan Review and Appearance Board Staff Report: Meeting of'i1119lD9 iCrystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 5 length of fifteen {15) feet. Two {2) landscape islands consisting of 72.6 sq. ft. of plantable area (3' sq. ft. x 24.2' sq. ft. = 72.fi sq. ft,} each are being proposed. A waiver has been requested to reduce the required amount of plantable area to 72.5 sq. ft., which is a 2.4 sq. ft, reduction. The applicant has provided the following justification statement regarding the waiver request: "...the design approach has enabled us fo subsfanfially meef a!1 fhe ofher requirements for the site design, which ofhenwise would have been impossible considering the size of fhe property acrd fhe need fo improve the property as vve11 as the general neighborhood The owner and the architect do, however, recognize fhe noncompliance and the ainrner is respectfully seeking a vsraiver to These requirements in order fo comply with most of the ofher vita! requirements of The site design..." Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: a, Shall not adversely affect the neighboring area; b. Shall not significantly diminish the provision of public facilities; c. Shall not create an unsafe situation; 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. Pursuant to LDR Section 4.6.16,H.3.i., landscape islands shall contain a minimum of seventy- five (75) sq. ft. of plantantable area typically with a minimum width of five (5) feet wide and length of fr{teen (15) feet. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Likewise, the CgD does not require any open space requirement and the applicant has voluntarily provided 13.69% open space. Given the constaints due to the lot size (0,21 acres) and the fact that two feet (2') of right-of-way has to be provided in the form of an alleyway dedication, the site has reasonably accommodate adequate landscaping on-site which will be a substantial improvement to the existing conditions_ In turn, a reduction to 72.6 sq. ft. of plantable area far each landscape island does not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege_ Consequently, positive findings can be made in the reduction of the plantable area from 75 sq. ft. to 72.8 sq. ft, for Krystal lCleen Coin Laundray with respect to LDR Section 2.4.7(13)(5)_ Stacking Distance Waiver Analysis: Pursuant to LDR Section 4.6.9(D}(3}(c)(1), the minimum stacking distance shall be fve feet (5') for up to twenty (20} proposed parking spaces. The applicant has proposed three feet {3') of stacking distance between the rear entrance off of the alley right-of-way and the first parking space in the proposed twq (2} parking rows. A waiver has been requested to reduce the number of stacking distance from five feet (5') to three feet (3'). The applicant has provided the following justification statement regarding the waiver request: Site Plan Review and Appearance Board Skaff Report: Meeting of 11!19149 i{rystal FCleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 6 °...the parking is adjoining an alley where the pedestrian and vehicular Traffic are very light, and there are only two (2) rows of parking with seven (7) spaces each..." Pursuant Eo 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. Sha11 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 praper#y for another applicant or owner. Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be five feet (5') for up to twenty (20) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the consEaints dce to the lot size (0.21 acres) and the fact that two feet {2') of right-of--way has to be provided in the form of an alleyway dedication, the site has had to maximize the provided parking on-site and still stands to be two (2) parking spaces short of the stric# 'i6 space requirement. in tern, a reduction to three feet (3') of stacking does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from five feet (5') to three feet (3') for Krystal Kleen Cain Laundry wish respect to LDR Section 2.4.7(B)(5)_ Minimum Floor Height: Pursuant to Section 4.4.13(F)(1)(c), of the LDRs, with the exception of hotelslmotels, all buildings shall have a minimum floor height of ten feet (10') for the ground floor and nine fee# (9') for the upper level floors. Krystal Kleen Coin Laundry complies with this requirement with the provision of a minimum of eleven feet (11') on the ground floor and ten feet (10') on the upper level floor. Auxiliary and service rooms, such as ba#hrooms and equipment services areas are exempt from this minimum requirement. Thus, this standard is met. Minimum Floor Area; The following tab}e indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area): -,-~~,:~~.- ~~~ ~~==.~: ~=~- ~ =Mtrrartsp~r~~f~2r~~i-_= ... ~.__ ~rrksmu~-__-_rm_,a~r~~de_d_ N~,r~herE~-,rout~te- _-_ E~~rty. ~ =_=~' _ .- 400 s . ft. n!a 0 'l~l~rooi-n-l~ri~~=~~~~r~ 600 sq. ft. 1,388.5 s . ft. 2 t~~sr=--`l=,~n~.~- ~~ 900 sq. ft. n1a 0 ll~c- real=ri ~-~i=~~ 1, 250 s . ft, n!a 0 ~~~irt~`~ll~ii~5~~~~_ 1,50D sq. ft. n!a 0 ~~~ ~ }~x~~~=~~ =~~~ -W= 1,000 s . ft. n!a Site Plan Review and Appearance Board Staff Report: Meeting of 11/99/09 Krystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Eie~ations Page 7 As indicated within the table above, the proposed residential units substantially meet the minimum requirements for the two {2) one-bedroom units with x,388 sq. ft. proposed and only 600 sq. ft. required per unit. Therefore, this standard is met. PI=Ri=ORMAIVCIE STANDARDS: All residential developments shall be subject to the Performance Standards. of LDR Section 4.4.13{I)(2), as indicated below: (a) The developmen# offers variation in design to add interest to the elevations and relief from the building mass. Building eleva#ions incorporate several of the following elements: diversity in window and door shapes and locations; fea#ures such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tikes, or similar distinguishing features. The development proposal is found to be in compliance with this pertormance standard. The facades of the proposed 2-story mixed-use building are diverse in design. There is diversity of window and door shapes and locations. There are decorative features and distinctively distinguishing architectural features. (b) 1f the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unifiied design elements wi#h the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to stree# rights of way is devoted #o window displays or floor area for active uses such as retail stares, personal and business service establishments, entertainment, offices, etc., is encouraged. The development proposal is found to be in compliance with this performance standard. There is no parking garage, however, the ground floor has been designed to comply with the 75% glass transparency area pursuant to LDR Section 4.6.1$.B.14.iv.2. (c) A number of dtfferen# unit types, sizes and floor plans are available within the development Two and #hree bedroom units are encouraged, as are a comlSination of mulfi-level units and flats. In projects consisting of more #han twelve (12] dwelling units, the proportion of efficiency or studio type uni#s may not exceed 25% of the total units. There is no maximum percentage es#ablished for projec#s having twelve (92) or fewer units, however, a mix of unit types and sizes is encouraged. The development proposal is found to be in compliance with this pertormance standard. There are only two {2] one bedroom units proposed. The floor plans are mirrored and have identical designs and square footage. However, considering the size of the residential portion of the mixed-used development, it can be considered exempt from this standard, (d] The project design shall create an overa[! unified architectural character and image by the use of common elements between the building(s), parking to#, and landscaping. Examples of some fieatures that could be incorporated #o meet this standard are: freestanding ligh# poles and exterior light fixtures #hat are decorative and consistent wi#h the archi#ectura[ treatmen# of the building(s); pedestrian Site Plan Review and Appearance Board Staff Report: Meeting of 11119/09 Krystal Kleen Coin Laur<dry Class V Site Plan, Landscape Plan and Architectural Elevations Page 8 amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, yr details as the architecture of the buildings}; focal points such as public art, water featurelfvuntain, courtyard yr public plazas designed tv connect different uses a{ong a continuous pedestrian walkway; or a combination of similar l°eatures that meet the intent of this standard. The development proposal is found to be in compliance with this performance standard. Decorative wall mounted light fixtures and more than the required landscaping is proposed. However, considering the size of the residential portion of the mixed-used development, it can be considered exempt from this standard. (e} The development provides common areas andlor amenities for residents sa~ch as swimming pawls, exercise rooms, storage rooms yr lockers, covered parking, gardens, cva~rtyards, or similar areas andlvr amenities. The development proposal is found to be in compliance with this performance standard. The laudromat facility is an immediately accessible amenity tv both residents. Bicycle racks have been included for residents and laudromat patrons. Considering the size of the residential partian of the mixed-used development, it can be considered exempt from this standard. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent tv the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street yr streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc. }. The development proposal is not found to be in compliance with this performance standard. The current design only conveniently perrnits ground level access to the second floor residences from the rear parking lot, which means that if they do not have vehicles they would have do dodge laundromat traffic. If they enter throtagh the front entrance where the sidewalk and bike racks are available, they will have to walk through the laundromat to the rear of the facility in order to either fake the exterior stairs or the interior elevator. It should also be noted that the elevator is curnent[y located in an area which only appears to be exited inside one (1) of the residential units. The elevator should be placed in a neutral location on the second floor such that both residents may utilize the elevator to exit into a common area on the second floor. It is also recommended that the elevator be relocated to the front of the laundromat facility so that the residents will not have to proceed all the way through the first floor laundromat from the sidewalk adjacent to US1 to conveniently and safely access their units. As a condition of approval, the elevator should be relocated to the front of the building and the exit be centrally located to the common area on the second floor. (g} The development provides vpporta~nities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. Site Pian Review and Appearance Board Staff Report: Meeting of 11/19/09 Krystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 9 The development proposal is found to be in compliance with this performance standard. Krystal Kleen Coin Laundry is located on a zero lot fine lot with rear access to the building, so the side interior lots can be developed up to the property line, With the provision of parking in the rear, the lot may be utilized by the adjacent Aloha Cleaners if deemed necessary by patrons who desire to one-stop shop. (h} Projects fronting on Atlantic Avenue, NWlSW 5th Avenue, N.E. 1st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent [l5°Ip) of the surface area of the front street walls} at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside tf~e building. The development proposal is found to be in compliance with this performance standard. It is located on NE 5m Avenue, so it is not required to meet this standard via this section of the Code. However, due to the fact that is located within the Downtown Area and is zoned CBD, it is required to meet this required in LDR Section 4.ti.18.B.1~4.iv.2, as mentioned earlier. Considering its location within the Centre{ Business District and proximity to NW 5'h Avenue and NE 15~ St., the site has offered continuity of this design concept and has provided 75% transparency area on the ground floor and does offer nonresidential uses on the ground floor. [i} The landscape plan for the development preserves and incorporates existing native vegetation [where available), provides new landscaping that is in excess of minimum standards [in freight and quantity}, demonstrates innovative use of plant material, improves site design, provides useable open sirace or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The development proposal is found to be in compliance with this performance standard. The proposed design offers a variation of landscape materials and new landscaping that is in excess of the minimum standards. It does not offer areas for pedestrian interaction. However, considering the size of the residential portion of the mixed-used development, it can be considered exempt from this standard. LDR Article 4,6 - Suoglemental District Regulations: Point of Access to a Street or an Aliev: Pursuant to LDR Section 4.6.9 (D)(3){b), requires that the paint of access to a street or alley shall not be less than 24` for a normal two-way private street or parking lot driveway aisle. However, twenty feet {20) can lee provided for a private driveway which has less than 2t70 ADT. Krystal Kleen has 1s5 ADT, so it qualifies for the reduction of driveway access down to twenty feet (20'). However, the proposed ingress and egress driveway to the alley is twenty-six feet {26'}. Thus, this standard has been met. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)('I}(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Site Plan Review and Appearance Board Staff Report: Meeting of 11!19!09 Krystal Kleen Coin Laundry Class V Site Plah, Landscape Plan and Architectural ~le~ations Page 10 Building Construction. (Accessibility for residential structures is covered by the Federal Fair Housing Act). Pursuant to the Florida Accessibility Code for Building Construction, two percent (2°l0) of the parking spaces serving the development must be handicap accessible. Based upon the sixteen (16) parking spaces required, the development needs to provide a minimum of one (1) handicap accessible parking space and one (1) handicap accessible parking space has been provided. Thus, this LDR requirement has been met. Bicycle Parking; LQR Section 4.6.9{C) (1) (c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One {1) bike rack has been located along the rear of the proposed building on the east side of the property. Thus, this LDR requirement has been met. Refuse Disposal: Pursuant to LDR Section 4.6.6{C){1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-af way. Typically, laundromat businesses produce very little or almost no organic trash. Thus, instead of a regular dumpster, two (2) ninety-five (95) gallon roll-away trash containers have been depicted on the floor plan, interior to the laundromat facility. Per the aftached lefter from Waste Management dated May 29, 2009, the proposed trash disposal containers are deemed adequate to support the waste disposal needs for the mixed-use development. Thus, this LDR requirement has been met. Lighting: A photometric plan must meet the requirements of LDR Section 4.6.8. The maximum height for freestanding light poles is twenty-five feet (25') and twenty feet (20') light poles are proposed, so the site complies with the maximum height requirement. However, the photometric plan submitted has a maximum foot candle emittance of 14,2 and a minimum foot candle emittance of 0.0. Consequently, the maximum allowance for the mixed-use commercial and residential site is 12.0 and the minimum allowance is 1,0. Thus, the minimum and maximum foot candle requirements have not been met. Provision of a photometric plan which complies with LDR Section 4.6.8 is aftached as a condition of site plan approval. Grime Prevention Through Bn~ironmental Design_tGPTED}: A CPTPD review has been formed by the City Police Department and is found to be in compliance. However, there is still some concern over the four feet {4`) gap in between buildings at the interior zero lot line to the north. It is noted that only one foot (1') of the gap is within the property boundaries of Krystal Kleen Coin Laundry. Right-of-Wa~edication: Alley: Pursuant to LDR Section 5.3.1 (D){2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to I_DR Section 5.3.1 {1?){3), additional right-of-way width may be required to promote public safety and to ensure adequate access, circulation and parking in high intensity use areas. Such a determination shat! be advanced by a rscomrnsndation from the City Engineer. The authority for requiring such additional right-of-way shall rest with the Site Plan Review and Appearance Board Staff Report: Meeting of 1111 SIDS Krystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 11 body having the approval authority of the associated development application. The existing east alley right-~of-way width is 1fi'. The development proposal will provide customer parking ofF the alley. The applicant has voiuniarily proposed to provide an additional two feet (2') in the form of a right-of-way dedication_ Similarly, for the adjacent property to the south (Aloha Cleaners), the City Engineer and Development Services Management Group (DSMG} determined that the width of the alley should be expanded to a width of Twenty feet (20'). The proposed two foot (2'} right-of--way dedication is consistent with the widkhs provided with other redevelopment proposals located in the CBD District. Therefore, a dedication of two feet (2') has been depicted on the site plan. Thus, this requirement has been met. The 2' r-o-w dedication along the east alley shall tae executed by deed agreement t~etween the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. S_iaht Visibility Trianal_es: Pursuant to LDR Section 4.6.14(A}(1}, a 20' sight triangle is required at the intersection of the east alley drivewa at the main ingresslegress driveway. The sight triangles have been correctly depicted and indicate visibility within the 3' to 6' height requirement_ Thus, this standard is met. OTHER ITEMS: Federal Hiclhway Cost of lmpro~ements Obligations: The proposed project is located on NE 51h Avenue (Federal Highway) and as such, improvemenk costs for the enhancement of the US-1 corridor (Comprehensive Plan Policy D-3 1.3, page TR- 49} will apply. In an attached letter dated October 31, 3009, the Ciiy Engineer has indicated that the cost of improvements obligations on Federal Highway for Krystal Kieen Coin Laundry be set to $125 per lineal foot at 72.40 feet for a total of $9,030 to install an 8" water main adjacent to the properly. In addition, a fee of $1,954.80 is the cost required to contribute to the ` Federal Highway Beautification Improvements. The applicant shall comply with these requirements before issuance of a building permit. Hence, these are attached as a conditions of site plan approval. Underarounding of Utilities: Pursuant to LDR Section G.1.8, utility facilities serving the development shat! be located underground throughout the development. A note to this effect has been placed on the site -~ plan, and thus, this LDR requirement has been met, Site Plan Technical Items: While revised plans have accommodated most of staff's concerns, the following items remain outstanding and wilt need to be addressed prior to site plan certification; 1. A digital copy of the revised plans shall be provided on CD, The digital copy must be in a PDF format and shall be prepared at a size of 8~/p x 11" or 11"x 17", depending upon legibility. This item is required and shall be provided with the submittal of revisions. Site Plan Review and Appearance Board Staff Report: Meefing of 7 9J991D9 Krystal Kleen Coin Laundry Glass V Site Plan, Landscape Plan and Architectural Elevations Paye 12 2. The two foot (2') alleyway dedication along the east alley shall be executed by deed agreement between the City of Delray Beach and the land owner, prior to building permit issuance. 3. The elevator shall be relocated to the front of the building and exit in a centrally located common area on the second floor. 4, Improvement costs for the enhancement of the US-1 corridor shall be set to X125 per lineal foot at 72.40 feet for a total of $9,050 to install an $" water main adjacent to the property, In addition, a fee of $1,954.80 is the cost required to contribute to the Federal Highway Beautification Improvements. These funds shall be rendered prior to issuance of a building permit. 5. The applicant will be required to pay the City's Parks and Recreation Impact Fes of $500.00 per unit at the lime of building permit issuance ($1,000 total). 6_ Provide a photometric plan which complies with LDR Section 4.6.8. Englneerinc~ Plan Technical Items. White reprised plans ha~re accommodated most of staffs concerns, items described in Appendix "A" remain outstanding and will need to be addressed prior to buliding permit issuance. A landscape plan has been submitted and evaluated by the City Horticulturist. A variety of trees, plants and groundcover materials are employed to enhance the development. One (1) existing Live Gak tree located along NE 5'h Avenue will be removed. A row of Alexander Palms will replace the removed landscaping along NE 5th Avenue. Green Island Ficus will be used as ground cover. ether greenery located near the main entrance off of NE 5th Avenue and along the base of the building will include Evergreen Giants, Schefflera Arboricofa Trinettes and Crinum Lillis. Along the parking lot perimeter in the rear, Cat Palms will be added as cornerstones of the building. Palatka Holly trees will accompany the proposed Alexander Palms. A variety of ground cover will include Dora Grant Ixora, Schillings Dwarf and Cocoplums. The City Senior Landscape Planner has reviewed the landscape plan submitted by the applicant and has found that with the approval of the requested waivers to LDR Section 4.6.16.H.3.i. and 4.6.16.H.3.j., all technical items will have been addressed. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, provided the requested waivers are approved by the Board. _~.. _~ . - ~ ~-- LDR Section 4.6.18(E~ -Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. if the following criteria are not met, the application shall be disapproved: 1. 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. Site Plan Review and Appearance Board Staff Report: Meefing of 11!19109 Krystal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 'f3 2. 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. 3. The proposed stnacture, or project, is in harmony with the proposed developments in the general area, with the Comprehensive PJan, and with the supplemental criteria which may be set forth for the Board from time to time. The proposed architectural elements include painted stucco finish featuring Soft Apricot on the lower level and Creamery on the upper level. This will be accented with Ibis White columnar features and decorative trim. The second floor will include wrought iron railings and arched doorways on the west elevation. On the north and south elevations, the second floor will include faux windows with decorative stamps centered between them. On the lower level, in the front along NF 5~" Avenue will be inviting transparent windows and columnar features. On the lower level along the north and south elevations will be rhythmic stucco banding along the zero lot line to create interest with alternating colors. The rear (east) elevation will contain the staircase leading to the upstairs residential units utilizing the wrought iron railing found in the west elevation. Similarly, the windows will replicate the design on tf7e west elevation with white trim and Edam molding. The decorative stamp used throughout the architectural design will also be positioned above the primary rear entrance on the lower level. It is unclear of what material the roof will be comprised, so a roof plan is requested and the material is to be indicated an the architectural elevation plans. This shall be attached as a condition of site plan approval. Pending the roof plan and material is deemed acceptable, the architectural elevations can be found in compliance with the LDRs. The proposed mixed-use building will offer a vibrant and distinguished presence to the neighborhood. The proposed architectural design is in good, taste and will be architecturally harmonious with the surrounding buildings (Ocean City Loft, Fifth Avenue at Delray, Porto-al- Mare, and Santa Fe Salon). Based upon the above, positive findings can be made with respect to LpR Section 4.6.180, when the roof plans are provided and the materials are indicated on the plans. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the officio! record. This may be achieved through Information an the application, written materials sul~m'rtted by the applicant, the staff report, ar minutes. Findings shall be made by the body which has the authoriay to approve or deny the development application. These Endings relate to the following areas: LDR Section ~.1.1(A) -Future Land Use Map: The subject property has a Future Land Use Map (PLUM) designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. Pursuant to LDR Section 4.4.13(@)(3)(a), laundromats limited to self-service facilities are allowed as a permitted use in the CBD zoning district. Likewise, pursuant to LDR Section 4.4,13(C)(5), a single family residence, either separate or within a structure housing a nonresidential use is permitted as an accessory use, provided that the residence is occupied by he owner or an employee of a business conducted on the property. The applicant has confirmed that the residences will be Site Plan Review and Appearance $oard Staff Report: Meeting of 11/19/09 Krystal lCleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 14 occupied by employees of the business. Thus positive findings can be made with respect tv 1=LUM consistency. L~R Section 3.1.1(B} - Concurrency: As described in Appendix "B", a positive finding of concurnency can be made as it relates to water and sewer, streets and traffic, drainage, open space, and solid waste. L~R Section 3.1.1(C} ~ Consistency (Standards for Site Plan Actions}: As described in Appendix "CL, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. LdR Section 3.1.1 (D] -Compliance with the Land ^evelopment Regulations: As described under the Site Pian Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following objective is noted. Future Land Use Element Objective A-7: Property shall 6e developed or redeveloped in a manner so that the future use and intensify is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary fo adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The Krystal Keen Coin Laundry has been in operation since 1971. The property is bordered on the west side NE 5t'' Avenue right-of-way, on the north by a one-story commercial building utilized as office space by Friesian Capital Inc.; the east by the alley r-o-w and by a one-story dry cleaning facility (Aloha Cleaners) built in 1970 on the south. It should be noted that Aloha Cleaners has received recent approval for a second story addition to the existing building footprint which has not yet begun construction. The existing development is consider anon-conforming structure with regard to compliance with CBD zoning district design guidelines set back, height and frontage requirements. However, the proposed mixed-use building eliminates the existing non-conformity and brings the site into compliance with LDR Section 4.4.13(F} of the CBD zoning district design guidelines. Since the adoption of the 1989 Comprehensive Plan, the downtown has changed from a somewhat seasonally oriented shopping area to a more dynamic and vibrant retail, service, and entertainment area with an active nightlife. A critical housing and mixed-use element has been slowly added to the downtown area. Krystal Kleen Coin Laundry has been in operation for several years and its redevelopment will help to fulfill the need of retail and commercial services required by the adjacent office, mixed-use, and residentiaE areas. The proposed development will be complimentary to adjacent land uses. Sike Plan Review and Appearance Baard Staff Report: Meeting of 11/19/09 Krystal Kleen Goin Laundry Class V Site Plan, Landscape Pian and Architectural Pievations Page 15 Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3_ fn evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negat"rvety impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the expansion of this existing dry cleaning service will aid in the economic stability of the downtown area. The expansion of Krystal Kleen Coin Laundry will also likely improve the safety of the area 5y introducing more daylearly evening commercial activity and more "eyes on the streek" to observe what is happening in the area, which will be a deterrent to criminal activity. The expansion of the existing Laundromat will result in an estimated 1fi5 new Average Daily Trips and six (fi) new a.m. peak hour net trips and fourteen (14) new p.m. net peak hour trips, and thus, the number of daily trips generated will not negatively impact the area. The existing self-service Laundromat has been in existence for over thirty years, and taus, the num4~ers of trips associated with this use are vested. Based upon the above, the development proposal will be consistent with Housing Policy A-12.3. Transpor#ation E-emenf Policy D-2.2: Bicycle parking and facilities shall be required on all new developmenf and redevelopment_ Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated one (1) bike rack on site. Based upon the above, the development will comply with Transportation Element Policy D-2.2_ f+DR Section 2.4.~tF]_(3] -Compatibility (site Plan Findings]: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: zonin : use: North Central Business District CBD ~ Cammercial office buildm Soath Central Business District (CBD A d cleaning faciLi built in 197[1 East Central Business District CBD Alle ri ht-of-wa West Central Business District (CBD NE ~ Avenue ri ht-ofi-way With respect to the uses, compatibility is not a concern. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the constuction of a brand new modernized structure. Based on the above, a finding can be made Site Plan F2e~iew and Appearance Board 5taif F2eport: Meeting of 111191D9 . lCrystal Kleen Coin laundry Class V Site Plan, landscape Plan and Architectural Elevations Page 16 that the proposed development will be compatible and harmonious with adfacent and nearby properties and the properties wil I not experience a depreciation of property values_ ti _..~ • „ _ Downtown Develo ment Authorit DDA At its meeting of November 9, 2DD9, the Downtown Development Authority (DDA) reviewed the development proposal and recommended approval of the Krystal Kleen Coin Laundry. Community Redeveloument Area (CRA}: At its meeting of November 12, 2008, the Community Redevelopment Agency (CRA} reviewed the development proposal and recommended approval. Courtesy Notices; Courtesy notices have been sent to the following homeowner's andlor civic associations: - Neighborhood Advisory Council A Progressive Residents of Delray A Defray Beach Chamber of Commerce Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB} meeting. -- ~__ The development proposal involves constuction of a 5,36Ds q. ft. mixed-used building with a 2,853 sq. ft. laundromat on the lower level and two (2} one bedroom apartments on the upper level at 1,388.5D sq, ft. each. The existing 1,5DD sq. ft. one-story building built in 1971 and housing the existing Krystal Kleen Coin Laundry will be demolished. For the safety and security of the on-site residents, the lighting will need to be increased throughout the site, but particularly at the main entrances to the building in order to meet the minimum LDR foot ,candle requirements of 1.D. The existing elevator only allows private entry into one of the upstairs residences and should be relocated to a centralized location serving both units. Likewise, the front entry does not conveniently serve the upstairs residences due to the fact that they shall have to walk through the entire laundromat facility to reach the rear stairs or elevator. It is recommended that the elevator be relocated closer to the main entrance off of NB 5~" Avenue. The parking requirement is sixteen (16} spaces and fourteen (14) spaces have been provided. Because the existing Krystal Kleen Coin Laundry is being demolished it is considered a new establishment which is not eligible for credit of in-lieu parking spaces. Likewise, because the proposed use is not business or professional offices, the site is not eligible to use the net floor area as opposed to the gross floor area. Considering the constraints of the site due to it's small lot size (0.21 acres) and the opportunity for shared parking in the proposed mix-use structure, the special request for a reduction is deemed appropriate. The provision of additional commerciallretail development within the downtown area will further the long term revitalization and stabilization of the CBD, The proposed development is Site Plan Review and appearance Board Staff f2eport: Meeting of 19/99!09 Krysfal Kleen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 17 consistent with required findings under Chapter 3, and Section 2.4.5{F){5) (Compatibility) of the Land Development Regulations, and policies of the Comprehensive plan, provided the conditions of approval are addressed. A. Continue with direction. B. Move approval of the waiver request, special action request, and Class V site plan, landscape plan and architectural elevations for Krystal Kleen Coin Laundry, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F), 2.4.7(8) {5), and Chapter 3 of the Land Development Regulations, subject to eonditions_ C. Move denial of the waiver request, special action rec{uest, and Class V site plan, landscape plan and architectural elevations for Krystat Kleen Coin Laundry, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F), 2.4.7(8) (5), and Chapter 3 of the Land Development Regulations. By Separate Motions: ~eciai Action Reques~• Move approval of the reduction of parking spaces required pursuant to LDR Section 4.6.9 (C) (3)(a}, by two (2} spaces {from the 98 parking spaces required to the 14 parking spaces provided}, based on LDR Section 4.8.9(F}(4}, which allows a parking reduction upon receipt and acceptance of special documentation that demonstrates a reduced number of parking spaces will accommodate a specific use. !Number of Terminal Landscape Islands Waiver Repuesf: Move approval of the waiver request to LDR Section 4.8.18.H.3.j., requiring parking rows to have terming! landscape islands on each end, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8) (5). Amount of Planfable Area Wifhin A Landscape Island Waiver Request: Move approval of the waiver request to LDR Section 4.g.96.H.3.i., requiring that landscape islands contain a minimum of seventy-five (75) sq, ft. of plantable area with a minimum width of five {5} feet, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(8)(5), Stackin.rr Distance Waiver Repuesf: Move approval of the waiver request to tC}R Section 4.6.9(D}(3}(c)(1), requiring the minimum stacking distance to be five feet (5') for up to twenty (20} proposed parking spaces, by adopting Site Plan Review and Appearance Board Staff f~eport: Meeting of 111191D9 Krysfal Kieen Coin Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 18 the findings of fact and law contained in the staff report, and finding that the request .is consistent with LDR Section 2.4.7(13} (5). Class V Site Plan: Move approval of the Class V site plan for Krystal Kieen Coin Laundry, by adopting the findings of fact and law contained in the staff report, and finding that the request is -consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F) and Chapter 3 of the Land Develapment Regulations, subject to the following conditions: A digital copy of the revised plans shall be provided on CD. The digital copy must be in a PDF format and shall be prepared at a size of 81" x 11" or 11"x 17", depending upon legibility. This item is required and shall be provided with the submittal of revisions. 2, The two foot (2'} alleyway dedication along the east alley shall be executed by deed agreement between the City of Delray Beach and the land owner, prior to building permit issuance. 3. The elevator shall be relocated to the front of the building and exit in a centrally located common area on the second floor. 4. Improvement costs for the enhancement of the US-1 corridor shall be set to $125 per lineal foot at 72.40 feet for a total of $9,050 to install an 8" water main adjacent to the proper#y. [n addition, a fee of $1,954.80 is the cost required to contribute to the federal Highway Beautification Improvements. These funds shall be rendered prior to issuance of a building permit. 5. The applicant will be required to pay the City's Parks and Recreation Impact Fee of $500.00 per unit at the time of building permit issuance ($1,000 total). 6. Provide a photometric plan which complies with LDR Section 4,6,8. Landscape Plan: Move approval of the landscape plan for Krystal Kteen Coin Laundry, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations. Architectural Elevations: Move approval of the architectural elevations for Krystal Kleen Coin Laundry, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(E} of the Land Development Regulations. Staff Report Prepared by: Candi Jefferson, Senior Planner. Attachments: Appendix A",• Appendix "8'; Appendix "C'; Site Plan; Landscape Plan and Architectural Elevations Site Plan Review and Appearance Board Slaff Report: Meeting of'[ 11'191fl9 Krystal Kteen Cain Laundry Class V Site Plan, Landscape Plan and Architectural Elevations Page 19 En ineerin Plan Technical Items; While revised plans hara<e accommodated most of staff's concerns, the follo~nring items remain outstanding and will need to be addressed prior to building permit issuance: Preliminary Engineering Technical Comments: 1. The Survey, Site Plan, landscaping Plan and Preliminary Engineering Plan shall be at the same scale per CDR Section 2.4.3 {B) (1). All plans shall be drawn on 24" x 36" sheets and at a scale of 1" = 10', 1" = 20' or 1" ~ 30' unless approved by the City Engineer. 2. Clearly indicate existing and proposed improvements paraElel to N.E. 5th Avenue on Engineering Plans on sheets C-2 i~ 3. Improvements to building and sidewalfc needs to be shown on Engineering Plans. 3. Indicate on Engineering and landscaping Plans 2-foot right-of--way dedication at alley. 4. Provide Engineering Plans signed and sealed by a Florida Professional Engineer. 5. Indicate a 2-inch tap not 1-inch will be provided for residentiaE units. 6, Provide 4-inch gate valve after 4"x3n reducer on 4-inch tap and remove proposed second gate valve at tap. 7. Indicate existing sanitary sewer lateral needs to be disconnected at main in order to remove hammer tap and connect to existing standard lateral connection. 8. Provide existing elevations on existing roadway including edge of pavement and center line. 9. Provide roadway centerline elevations. If finished floor elevation is less than 18-inches above centerline of adjacent road a certification is required from a professional registered engineer stating that the property has adequate drainage to ensure that flooding will not occur in a 100-year storm event. ~QR Section 7.1.3 (B) {2). 10. Site is required to retain 5 year 1 hour storm {3.2") in addition to meeting water quality criteria {1")_ Provide signed and seated drainage calculations and indicate how storm water will be retained on site. See bQR Section 2.4.3 {D) (4) and (7). 11. Clearly dimension driveway width. Maximum driveway width shall be 24 feet for two way driveway per i,QR Section 6.1.4 (C}. 12. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Approval from Deputy l7irector of Public Utilities that City's system has sufficient capacity to treat proposed flows is required. Pursuant to LDR Section 3.1.1(8}, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a deterrrtinatiion made that the public facility needs of the requested land use andlor development application will not exceed the ability of the Gity to fund and provide, or to require the provision of, needed capital improvements far the following areas: Water and Sewer: Water is available via a [ateral connection to an existing 8" water main located along NE 5th Avenue right-of~way. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the east alley right-of--way. Adequate fire suppression will be provided via an existing fire hydrant located at the northeast corner of NE 5~' Avenue and NE 2"d Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: A traffic statement has been submitted that indicates that the new mixed- use building will generate will generate only 6 new a.m, peak hour net trips and 14 new p.m. net peak hour trips and 165 new Average Daily Trips. The Palm Beach County Traffic Engineering Division has provided written verification with a finding of cancurrency. Based upon the above, a positive fnding with respect to this level-of-service standard can be made. Parks and Open Space: Park dedication requirements apply for residential uses. Park demands generated by the construction of new housing units were factored into the 1989 Comprehensive Plan Parks and Recreation Element. The applicant wi11 be required to pay the City's Parks and Recreation Impact Fee of $500.00 per unit at the time of building permit issuance ($1,OOD total}. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The trash generated by the existing laundromat building is 7.65 tons per year (1,50D x 1D.2 = 15,3D0 12,ODD = 7.65}. The proposed mixed-use building will generate 14.55 tons of solid waste per year (2,853 x 1D.2 = 29,100 1 2,DDD = 14.55} for the first floor laundromat and 1.11 tons of solid waste per year (2,777 x 0.8 = 2,221 12,000 = 1.11) for the second story residences for a total of 15.66 tons of waste per year (14.55 + 1.11 = 15.66}. This will be a net increase of 8.D1 tons of waste per year. 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. Drainage: Drainage shall be accomodated with an existing exfiltration trench. Thus, there should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements. Schools: The Paim Beach County Schaal Board has provided a finding of concurrency for the project. A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of vis'sbifity as it pertains to traffic circulation. Not a livable Meets infant of standard Does not meek intent X--This standard will be met once the attached conditions of approval pertaining to the p>lotomekric plan have been addressed. B. Separation of different forms of transportation shall be encouraged. `I'bis includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-'I and D-2 of the ~'ransportation Element, Nat a livable Meets intent of standard Does not meet intent X--This standard will be met once the attached conditions of approval regarding relocation of the elevator to the NE 5"' Avenue enkrance has been addressed. C_ Open space enhancements as described fin Policies found under Objective l3-'I of the Open Space and Recreation Element are appropriately addressed. Not a i~caaie Meets intent of standard X Does not meet intent D. The City sha11 evaluate the effect that any street widening or traffic circulation mod"ification may have upon an existing neighborhood, If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard Does not meet intent E. development of vacant land which is zoned for residential purposes shall be planned in a rnanr~er which is consistent with adjacent development regardless of zoning designations. Nok applicable ~ X Meets intent of standard DOES not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable ~ Meets intenk of standard Dees not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the Implementation of policies under Objective B-2 Qf the Housing Element. Nat a livable Meets intent of standard X Does not meet intent H. The Clty shall consider the effect that the proposal wail have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not a licabEe Meets intent of standard X Does not meet intent 1. Qeveiopment shall not 6e approved if traffic associated with such development would create a rtew high accident iaca;tion, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not a livable Meets intent of standard X Does nat meet intent J. Tat lots and recreational areas, serving ch{ldren from toddler to teens, shall 6e a feature of all new housing developments as park of the design to acco3mmodate households having a range of ages. This requ{rement may be waived or 3modified for residential developments located in the downtown area, and for infill projects having fewer than ~5 units. Not a IicafJle X Meets intent of standard Does not meek intent ~"' ~W 6 J ~ O ~ ~ ~ a ~` a ~ w N ~ ~+ ~- ~ ~ z o~ ~ ~~ ~ ~x a 1L1 x z ~ x ~ a~ ~ saw ~ a ° ~ ~ ~ ~ H Z w ~ ~ ~ ~ OZ ~ m~az = .~~W °w a ~' ~ ~ ~ ~ Z ~ df 0. ~ ~ ~ ~ ~ N ~ t1 Qw nU ~ Q~°~Ie! 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' , '~ o e ~ ~ ffi i ~ .a .n m .~ ~ i I n a I I l n n ~a n ~o n n ~ v, I I •ri .6 .~ri .ri .ai ,vi Yr ~w1 II ~ + E m t ~ w ~. m m ~ I,~ .~ ,r .vi .vi .~ I ml i n a m ~ ! i iri .n .~ .r ' III ~--' .c~~. - I I _ ~_ - :~_ ._ ~- _ ~ __.~ ... ~ ---N I~ i~ _ g Y9v Grt ~i 4 H ~ c W Q tt ~ i w z MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY COMMISSION DATE: September 30, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 RESOLUTION N0.57-10/DELRAY ELEVEN 16 FOOT ALLEYWAY ABANDONMENT ITEM BEFORE COMMISSION The item before the Commission is consideration of abandonment of a portion of a 16' north-south alley within Block 11, Osceola Park, located midway between SE 7th Street and SE 6th Street, for Delray Eleven pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. BACKGROUND The subject paved alleyway was dedicated with the recording of the Osceola Park Plat (Plat Book 3, Page 2) on January 17, 1913. The north-south alley provides access between SE 6th Street and SE nth Street. The abandonment area is a 16' x 303.22' rectangular shaped parcel containing approximately 4,851 sq. ft. (0.1114 acres). The abandonment request was submitted by Delray Eleven, LLC, which owns the twelve lots abutting either side of the proposed abandonment area. A replat of the aggregated parcels and abandoned portion of the alley will be required with redevelopment of the site. On August 23, 2010, the Planning and Zoning Board recommended approval of the 16' alleyway abandonment subject to establishment of utility easements over the entirety of the abandonment area as identified in the attached staff report. These easements are to be retained by the City until such time as it is necessary and appropriate for the developer to abandon these easements in favor of their replacement easements, if utilities are rerouted. The sixteen foot (16') alley right-of-way abandonment is now before the City Commission for final approval. REVIEW BY OTHERS Development Services Management Group (DSMG~ On July 15, 2010, the DSMG reviewed the alleyway abandonment request and recommended approval, subject to retention of an easement to cover existing sanitary sewer utilities. Community Redevelopment Agency (CRA~On August 12, 2010, the CRA reviewed the alleyway abandonment request and unanimously recommended approval. Planning and Zoning Board:On August 23, 2010 the Planning and Zoning Board reviewed the abandonment request and unanimously recommended approval to the City Commission. Environmental Services De~artment:The City Engineer has asked that a 16' water and sewer utility easement be retained over the area proposed for abandonment in favor of the City until all utilities within the abandonment areas are relocated. An associated easement deed is being processed concurrent with the abandonment approval request. FPL (Florida Power and Lim: FPL has reviewed the abandonment request and has identified the need for establishment of an exclusive easement for existing overhead utilities situated within the proposed alleyway abandonment area. This will be accommodated with the required replat of the project. Consequently, the applicant has acquired estimates of $3913.23 to remove the facilities south of Lot 3 and $3578.65 to relocate the utility pole at the southwest corner of Lot 1 to the northwest corner of Lot L If mutually agreed upon, the property owner (Delray Eleven, LLC) shall incur the costs of these improvements and an exclusive easement will not be deemed necessary. FPU (Florida Public Utilities~FPU has reviewed the abandonment request and has no objection. It is noted that a 2" gas main which runs within the alley between SE 7th Street and ends at SE 6th Street stops just north of the proposed abandonment area, thus service is unaffected. AT&TBellSouth Telephone Company: AT&T has reviewed the abandonment request and has no objection. It is noted that the cost for relocation of any existing facilities shall be at the property owner's expense. Any issues as they relate to relocation of AT&Tutilities will be accommodated with the required replat of the project. Comcast Cable: Comcast Cable has reviewed the abandonment request and has no objection. However, they have identified the need for abandonment of existing utilities located within the alleyway. The cost associated with complete removal will be incurred by the owner (Delray Eleven, LLC) upon satisfactory completion. RECOMMENDATION By motion,moveapproval of the abandonment of the southernmost 303.22' of the north-south alley lying within Block 11, Osceola Park, based upon positive findings with respect to LDR Section 2.4.6 (O)(5), subject to the following conditions: 1. That a replat of the aggregated parcels and abandoned portion of the alley be processed with redevelopment of the site. RESOLUTION NO.57-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN ALLEY RIGHT-OF-WAY, AS MORE FULLY DESCRIBED IN EXHIBIT "A", BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER THE ENTIRE AREA THEREOF AS MORE PARTICULARLY DESCRIBED HEREIN. WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of an alley right-of-way, as more particularly described in E xhrbit "A"; said alley right-of-way being located within Lots 4- 9, inclusive, Block 11, Osceola Park, and WHEREAS, the application for abandonment of said right-of-way was processed pursuant to Section 2.4.6(0), "Abandonment of Rights-of-Wad', of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(O)(3)(e), the Plarn~ing and Zoning Board as Local Plarn~ing Agency, formally reviewed the matter at a public hearing on September 20, 2010, and voted 7 to 0 to recommend approval of the abandonment, based upon positive findings with respect to LDR Section 2.4.6(0)(5), and subject to the condition that a general utility easement be retained over the entire area; and WHEREAS, pursuant to LDR Section 2.4.6(0), the application was forwarded to the City Commission with the recommendation that the abandonment be approved based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(0)(5) find that there is no need for the use of the right-of-way for a public purpose; the abandonment will not prevent access to a lot of record and the abandonment will not result in detriment to the provision of utility services or access to adjacent properties or the general area and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said right-of-way, as more particularly described in E~iibit "A", but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, as more particularly described herein, for the purpose of emergency access and constructing and/or maintaining, either over or under, the surface polices, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177.101(5) and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, for right-of-way purposes only, but does not abandon and retains and reserves unto itself a utility easement over the entire area thereof, for the purpose of emergency access and constructing and/or maintaining, either over or Linder, the surface polices, wires, pipes, sewers, drainage facilities, or any other facilities used for various public utilities whether owned by the City or private corporations, more particularly descnbed as follows: See, Exhibit "A" PASSED AND ADOPTED in regular session on this the day of , 2010. MAYOR ATTEST: CITY CLERK 2 RES. N0.57-10 Exhibit "A" PARCEL I: Lots 1 and 2, Flock 11, OSCEOLA PARK, according to the plat thereof, recorded in Plat Pook 3, page 2, of the Public Records of Palm Peach County, Florida, LESS the E ast 5 feet of said Lots; AND LESS a parcel of Land in Lot 1, Flock 11, of said plat of OSCEOLA PARK, more particularly described as follows: From a point on the North line of said Lot 1, located 5 feet westerly from the N.E. corner of said Lot 1, rim westerly along said North line for 15.14 feet; thence rim southwesterly along a curve concave to the Southwest and having a radius of 15 feet for 23.70 feet, through a central angle of 90 degrees 31'70" to a point on a line parallel to and 5 feet westerly from the East lime of said Lot 1; thence rim North 0 degrees 24'10" for 15.14 feet, along said parallel line to a Point of Pegirnzin~ PARCEL 2: Lots 4, 5 and 6, less the South 10 feet of Lot 6, Flock 11, OSCEOLA PARK, according to the plat thereof, recorded in Plat Pook 3, page 2, of the Public Records of Palm Peach County, Florida, LESS the E ast 5 feet of said Lots. PARCEL 3: The South 10 feet of Lot 6, and Lot 7, Flock 11, OSCEOLA PARK, according to the plat thereof, recorded in Plat Book 3, page 2, of the Public Records of Palm Peach County, Florida, LESS the E ast 5 feet of said Lots. PARCEL 4: Lots 8 and 9, Flock 11, OSCEOLA. PARK, according to the plat thereof, recorded in Plat Pook 3, page 2, of the Public Records of Palm Peach County, Florida, LESS the E ast 5 feet of said Lots; AND LESS a parcel of Land in Lot 9, Flock 11, or said plat of OSCEOLA PARK, more particularly described as follows: From a point on the South lime of said Lot 9, located 5 feet westerly from the Southeast corner of said Lot 9, rim westerly along said South line for 14.88 feet; thence rim northeasterly along a curve concave to the northwest and having a radius of 15 feet for 23.46 feet through a central angle of 89 degrees 35'55" to a point on a line parallel to and 5 feet westerly from the E ast line of said Lot 9; thence rim South 0 degrees 24' 10" West along said parallel line for 14.88 feet to the Point of Pegil-~zil~~ PARCEL 5: Lots 10,11,12,13,14,15,16,17, and 18, Flock 11, OSCE OLA PARK, according to the plat thereof, recorded In Plat Pook 3, Page 2, Public Records of Palm Peach County, Florida, LESS the West 5 feet of each of the said lots; 3 RES. N0.57-10 AND LESS a parcel of land in Lot 10, Flock 11, of said plat of OSCEOLA PARK, more particularly described as follows: From a point on the South lime of said Lot 10, located 5 feet East of the SW corner of said Lot 10, rim E asterly along said South line for 15.12 feet; thence rim Northwesterly along a curve concave to the Northeast having a radius of 19 feet for 23.68 feet through a central angle of 90°28'00" to a point on a lure parallel to and 5 feet East of the West line of said Let 10; thence rim South 0°20'50" West along said parallel line for 15.12 feet to Point of Pegirmir~ AND LESS a parcel of Land in Lot 18, Flock 11, of said plat of OSCEOLA PARK, more particularly described as follows: From a point on the North line of said Lot 18, located 5 feet East of the Northwest corner of said Lot 18, rim Easterly along said North tine for 14.88 feet; thence rim Southwesterly along a curve concave to the Southeast and having a radius of 15 feet, for 23.44 feet through a central angle of 89°32'00" to a point on a line parallel to and 5 feet East of the West line of said Lot 1&, thence rim North 00°20'50" East along said parallel line for 14.88 feet to Point of Pegirnzing. 4 RES. N0.57-10 PLANNING AN®ZONING B®AR® CITY OF DELRAY BEACH --- STAFF REPORT'--- MEETING DATE: August 23, 2010 ITEM: Abandonment of 4,851 sq. ft. of alley right-of-way which runs north-south midway between SE 7th Street and SE Qtn Street and parallel to the Federal Highway one- way pairs GENERAL DATA: Owner/Applicant ......................... Agent .......................................... Location ..................................... . Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: South: West: Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................. Delray Eleven LLC Covelli Design Associates Inc. 16' x 303.22' rectangular portion of northlsouth alleyway located within Block 19 , Osceola Park, located midway between SE 7t'' Street and SE 6th Street and parallel to the Federal Highway one-way pairs 0.1114 acres (A,851 sq. ft.) GC (General Commercial) GC (General Commercial} GC (General Commercial) RM {Multiple Family Residential) GC (General Commercial} AC (Automotive Commercial} Paved alleyway Abandonment of the south 303.22' of the paved alleway to return ownership to the adjacent parcels on either side 2" water line runs northlsouth through the center of the entire proposed abandonment area 10" water line runs northlsouth through the center of the entire proposed abandonment area ~ '~ DELRAY ~~ r' ' ~~~~; .~~, sEac~ _ ,' ~ ; WOMEN`S CLUB ..- ~.; S•E• 6TH ~ ST. ~ 18 __- w~..~_....._... ~ ~ --. 15 4 ...._ _ _ __ _ "" ~ 23 14 5 ___ _13 6 ~ 12 7 S.E. 7TH 5T. 1fi N BAf2NETT ~ i ~ BANK BUILDING I 2(7 I 2 S.E. 24 -------___ _----~ F 1 S.E. ST~i ST. - BAR~VETT Df711/E- THRU 5TH A VF __ . 4 ~ GR1L~ = .~ MIAMI SUBS ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the city Commission on abandonment of a portion of the north-south alley within Block 11, Osceola Park, for Delray Eleven. This right-of-way abandonment is being processed pursuant to LDR Section 2.4.6(0), Abandonment of Rights-of-Way. ._ _... BACKGROUND The subject alleyway was dedicated with the recordation of the Osceola Park Plat {Plat Book 3, Page 2) on January 17, 1913. The alleyway is paved. The north-south alley provides access between SE 6fh Street and SE 7rn Street. ABANDONMENT= DESCRIPTION The abandonment area is a 16' x 303.22' rectangular shaped parcel containing approximately 4,851 sq. ft. (0.1114 acres). The abandonment request was submitted by Delray Eleven, LLC, which owns the twelve lots abutting either side of the proposed abandonment area. The combination of these lots comprise five parcels identified in the attached Exhibit A. A replat of the aggregated parcels and abandoned portion of the alley will be required with redevelopment of the site. __ ABANDONMENT ANALYSIS P~rsuan# to LDR Section 2.4.6[0}[7 ), public right-of-way maybe abandoned {returned) to the adjacent property to fhe same degree in which it was originally obtained, i.e. property dedicated exclusively from a single parcel shall be returned to That parcel, property dedica#ed #hrough subdivisr"on shall be divided of the center line and returned equally to abutting parcels. Delray Eleven LLC, being the fee simple owner of Lots 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 and 15, is entitled #o the east eight {8} feet and the west eight (8) feet of the abandonment area adjacent to those parcels. Utility Services The owner shall be required to provide, at his own expense, such utility easements or replacement easements for any relocated utilities together with temporary easements for existing utilities and facilities on the property to be abandoned. Temporary easements shall be terminated upon relocation of any utilities. The City may require permanent easements as deemed necessary and appropriate by the City. Likewise, the City may require installs#ion of any utilities deemed reasonably required. The owner shall be responsible for all costs of relocating and substituting any required utilities. Currently, Florida Public Utilities, Florida Power & Light, Adelphia Cable and BellSouth services have u#ilities located within the subject alley. City utilities within the alley includes a sanitary sewer main and a water main. Letters have been sent to the utility providers to determine the Planning and Zoning Board Staff Report-August 23, 2010 Block 11, Osceola Park -Delray Eleven Alleyway Abandonment Page 2 status of existing utilities and the need for replacement easements. Although al( responses have not yet been received, satisfactory disposition of al[ utility issues, according to the terms and conditions identified herein, will be a condition of approval far this abandonment. The existing site {which extends between SE 6t" Street and SE 7t" Street is primarily vacant with the excep#ion of a small shop on Lot 3, Block 11) currently taking access from SE 6t" Avenue (northbound Federal Highway). Thus, no objection to the abandonment of the southernmost 303.22' feet of the alleyway is anticipated. REQUIRED FINDINGS.. Pursuant to LDR Section 2.4.6(0)(5), prior to any right-of-way abandonment being approved, the following findings must be made: A) That there is not, nor will there be a need for the use of the right-of-way for any public purpose. Although no development proposal has been presented to date, the owner has expressed that the intended purpose of abandonment of the alley is to incorporate the property into an overall planned development for the site. The abandonment area is to became part of a parking lot and drive aisle access to parking. Since the northernmost 151' of the north-south alley will remain, and no other businesses currently utilize the proposed abandonment area, no use of this alley right-of-way for the public is anticipated. B) That the abandonment does not, nor will not, prevent access to a lot of record. The subject abandonment will not prevent access to any adjacent parcel, as all affected parcels will have access to the south along 5E 7t" Street upon future development. The six lots to the north are unaffected by the proposed abandonment and will continue #o take access from SE 6f" Street and SE 7t" Street. C) That the abandonment will not result in detriment to the provision of access andlor utility services to adjacent properties or the general area. As per the conditions of approval, the applicant is responsible to grant replacement easements andlor provide for the relocation of existing utilities. The applicant will be responsible for all associated costs of this process. All utilities currently located within the subject alley will be accommodated through easements to be retained of the abandonment area andlor through future relocation at the applicant's expense. Since a replat is required to aggregate the parcels and the abandoned alley, the disposition of existing utility services will be addressed through the platting process. This is a condition of approval for this' abandonment. REVIEW`BY OTHERS The development proposal is wi#hin the geographical area requiring review by CRA (Community Redevelopment Agency). The CRA reviewed the abandonment request at its meeting of August 12, 2010, and recommended approval. Planning and Zoning Board StafF Report -August 23, 2010 Block 11, Osceola Park - ©elray Eleven Alleyway Abandonment Page 3 Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection or support, if any, will be provided at the Planning and honing Board meeting. Courtesv Notices: Courtesy notices have been provided to the following groups: • Progressive Residents of Delray • Osceola Park • Neighborhood Advisory Council • Barton Apartments • Churchili _. ASSESSMENT By abandoning this area, no access will be prevented to adjacent lots of record. Since the purpose of the abandonment is to aggregate individual vacant parcels, in order to provide a larger land area for a future parking lot and drive aisle access, the surrounding neighborhood and downtown in general, will benefit from the resulting development. Required replacement or relocated easements will be dedicated through a replat of the property. ..__ ALTERNATIVE ACTIQNS 1. Continue with direction. 2. Recommend to the City Commission approval of the abandonment subject to positive findings with respect to LDR Section 2.4.6{O}{5}. 3. Recommend to the City Commission denial of the abandonment based upon a failure to make positive findings with respect to LDR Section 2.4.6(0}{5}. ~~ RECOiVIMENDED ACTIQN By motion, recommend to the City Commission approval of the abandonment of the southernmost 303.22' of the north-south alley lying within Block 11, Osceola Park, based upon positive findings with respect to LDR Section 2.4.6(0){5), subject to the following conditions: 1. That a replat of the aggregated parcels and abandoned portion of the alley be processed with redevelopment of the site. 2. That the Resolution abandoning the subject rights-of-way includes language which establishes general utilitylaccess easements over the entirety of the abandonment area. These easements are to be retained by the City until such time when it is necessary and appropriate for fhe developer to abandon these easements in favor of their replacements. Attachrnenfs: • Location Map + Rec[uced Survey • Sketch of Description Map • exhibit AlLegal Description DELRAY BEACH 1~ ~ WOMEN'S .__ __ _. C LU B ~ .. ._ ._ W ~ Q 8 -- 5 C 5 S.E. NTH ST. 36 ~9 ~8 ~ z -_~ -- ~ ~ ~ 5 4 ~ ~ 32 23 ~4 5 ~2 - 7 1 ~ °= 8 . 28 _ 27 , 10 _ -9. S.E. 7TH ,~ 33 1 ~ w BARNETT ~'-' ~ BANK ~ BUILDING 29 l I 20 BARRTON APT CONDOS CHURCHILL CONDO 3 U ~ S.E. 8TH ST. 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',. w ~ CAl3Li-IELO & WHEELERS INC ~/o• F pSCEOLA PARK ~ r,~~c ,,,,, ~ --~ a LOTS 1, 2,A-k8, BLOCK 11 /j , 5 ~j~ra. sire nc~ ' ~~Fnc a~3w~ nuts ~a .n,ia BOUNDARY SURVEY ~~ti:' riirr. r'isan avz rnitscir~is^-icsz Rrnsmxs P o•u ©ESGRIPTION: ALL THAT PORTION OF THE CERTAIN 16.00 FOOT WIDE ALLEY LYING BETWEEN LOTS 4 THROUGH 9 OF BLOCK 11, AND LOTS 10 THROUGH 15 OF BLOCK 11, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS DF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF 5A1D BLOCK 11; THENCE SOUTH ALONG THE WEST LINE OF LOTS 4 THROUGH 9 OF SAID BLOCK 11, A DISTANCE OF 303.22 FEET TO THE SOUTHWEST CORNER OF LOT 9 OF SAID BLOCK 11; THENCE 5.89'31'30"W., A D#STANCE OF 16.00 FEET TO THE SOUTHEAST CORNER DF LOT 10 OF SAID BLOCK 11; THENCE NORTH, ALONG THE EAST LINE OF LOTS 10 THROUGH 15 OF SAID BLOCK 11, A DISTANCE OF 303.22 FEET TO THE NORTHEAST CORNER OF LOT 15 OF SAID BLOCK 11; THENCE N.89'31'30"E., A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE GITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 4,851 SQUARE FEET/0.1114 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF TH15 SKETCH ARE NOT VALID UNLE55 SEALED WITH AN EMB055ED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS---OF---WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF SOUTH ALONG THE WEST LINE OF LOTS 4 THROUGH 9, BLOCK 11, OSCEOLA PARK. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE AFIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON JUNE 23, 20'10. I FURTHER CERTIFY THAT TH15 SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 ;,, CAULFIELD & WHEELER, INC. ~! CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING ~! ~^ D 7301A W. PALMETTO PARK ROAD -- SUITE 100A L~--= BOLA BATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-1452 05CEOLA PARK ALLEY ABANDONMENT SKETCH OF DESCRIPTION DAVID P. UNDLEY REGISTERED LAND SURVEYOR N0. 5005 STATE OF FLORIDA L.B. 3591 DATP 6 23 10 DRAWN BY JC F.B./ PG. ~! A scALE As sl~awN JOB NO. 4610ALLFY GRAPHIC SCALE (IN FEET} 60 3D D 3D 60 INTENDED DISPLAY SCALE ~ 0 RTH 1 INCH =60 FEET 30' I 30' LOT 16 ~ N89'31': 1s.oc N.E. CORNER OF LOT 15 BLOCK 11 LOT 15 .-~^ f~ W N O ~~ .1,1 ~ ~a~ C7 C9 ,~_~ ~ a ~ ,¢~~ NcV nom? ®m .w~ ~-~- ¢¢ V?~~ ~ ~~ 100 POINT OF BEGINNING N.W. CORNER OF LOT 4 BLOCK 17 OSCEOLA PARK (PLAT BOOK 3, PAGE 2) r w ~ ~ ~ LOT 3 W. LINE OF LOTS 4-9 BLOCK 11 (BEARING BASIS) LOT 4 LOT 14 N ~ ~ N LOT 5 ~ M BLOCK 11 ~ BLOCK 11 OSCEOLA PARK ~ ARK OS aooKA P (PLAT BOOK 3, PAGE 2} a P P z) LOT 13 ~ LOT 6 O ~ LOT 12 LOT 7 Z ~ ' ~ 127.50 LOT 11 E. LINE OF LOTS 10-1 BLOCK 11 LOT 10 30' I 30' S.E. CORNER OF LOT 10- BLOCK 11 - ° S.E. 7TH~5TREET 0 40' RIGHT-~OF--WAY {PLAT BOOK 3, PAGE LOT 8 30' ~ 30' .-.^ ~~ ~ N o_ ~ N W } I U} (n ~ Q } (~7 Cw} ~~j,J=~i I d d a~~0 [V N x ~r~ 00 tD~~ mm .w~ ~ ~ (/j L~ m ~ a ii w LOT 9 S.W. CORNER OF LOT 9 BLOCK 11 sss•31'~a~w -16.00' CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING ,_- ff LANDSCAPE ARCHITECTURE -SURVEYING _ G/ 7301A W. PALMETTO PARK ROAD -SUITE i00A '' BOLA RATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-IG52 OSCEOLA PARK ALLEY ABANDONMENT SKETCH OF DESCRIPTION 30' I 30' 0 0 -~ SHEET 2 QF 2 DATE 6 23 10 DRAWN 8Y JC F.B./ PG. N A SCALE A5 SHOWN JOB N0. 4610ALLEY fl 'x. ~_ Exhibit "~4„ PARCEL 1: Lots 1 and 2, 131vck 11, OSCEOLA PARi<, according to the plat thereof, recorded in plat Book 3, page 2, of the Public Records of Palm Beach County, Florida, LESS the l=ast 5 feet of said L.ats; ANI~ LESS a parcel t~f Eand in Lot 1, Block 11., of said plat of OSCEOLA PARK, more particuli3rly described as follows: From a point on the North line of said Lot 1, located S feet westerly Pram the N.E, corner of said Lot i, run westerly along said North sine for 15.14 feet; thence run southwesterly along a curve concave to the Southwest and ha~ing a radius of 15 feet for 23.70 feet, through a central angle of 90 degrees 31'2U" to a point on a sine parallel to and 5 feet westerly from the East line oFsaid Lot 1; thence run North 0 degrees 24'10" far 15,14 Beet, slang said parallel Eine to a Point of Beginning; PARCEL 2: Lots 4, S and 6, less the South i(1€eet of LoC 6, Block 11, O5CE4LA PARIC, according to the plat thereof, recorded in Plat Book 3, page 2, of the Public Records of Pairn Beach County, Florida, LESS the East 5 feet of said Lots. PARCEL 3: The South 1{I feet of Lot 6, and Lot 7, Block 11, f7SCEDLA PARK, according to the piatthereof, recorded In Plat book 3, page 2, of the Public Records of Palm Beach County, Florida, LE55 the East 5 feet of said Lots. AARCEL 4: Lots 8 and 9, Black li, OSCEOLA PARK, acxording to the plat thereof, recorded in Plat Book 3, page 2, of the Public Records of Paim Brach County, Florida, LESS the East 5 feet of said Lots; AND LESS a parcel o€ land In Lot 9, Hlvck 11, aF sold plat of C3SCI=f7LA PARK, more particularly described as follows: From a point on the South line of said Lot 9, located 5 feet westerly from the Southeast comer of said Lot 3, run westerly along Bald South line for 14.88 feet; thence run northeasterly along a curve concave to the northwest and having a radius of 15 feet for 23.46 feet through a centre! angle of $9 degrees 35'55" to a point on a line parallel to and 5 feet westerly from the East line of said Lot 9; thence run South D degrees 24'11)° West along said parallel line for 14.88 feet to the Point of Beginning. {FFZ57421;11 PARCEL 5: Lots 1p, ~.],, 12, 13, 14, 1s, 1ti, 17, and 18, Block 11, QSCEpIA PARK, according ko the plat thereof, recarderi in Plat Book 3, Page 2, Publ"tc Records of Halm Beach County, Florida, L~55 the West 5 Feet of each of the said lots; AND LE55 a parcel of lalld in Lot 10, Suck 11, of said plat of ASC!~OLA PARK, more particularly described as fallaws: Frarrl a point on the South sine of said tot 1D, located 5 feet least of the SW corner of safd Lat 1D, run i=asteriy along mid South line far 15.12 feet; thence run Northwesterly alang a curve concave to the Nartheast having a radius of 19 feet far 23.58 feet through a central angle of 9D°28'OD" tp a point vn a I#ne paralle! to and 5 €eet East of the West line of said Lot 10; thence run South D°20'50" West along safd parallel line for 15.12 feet to Paint of Beginning. AND Li=SS a parcel of land #]t Lat 18, BIoCk 11, of said plat of OSCEOLA PARK, mare particularly described as follows: From a paint on the North line of saki Lot 18, located 5 feet East of the Northwest r,~rner of said l_ot 18, run F~sterly along said North line for 1A.88 feet; thence run Southwesterly along a curve concave to the Southeast and having a radius of 15 feetr far 23.E feet through a central angle of 89°32'DQ" to a point on a ling parallel bo and 5 feet East of the West line of said Lot 18; thence run North DD°20'SD" East along safd paralle! line far 1.88 feet to Point of Beginning. (FT257421;1 } ~Irrrirl~ Pr~w~e $~ ~.i~h[ Cbir~~~eny, ~14il0 ~'~tivee[ine fiQa~i, Baca E3afarr; ~L 3343 Git~7 O~~e~Ta~ B~r`ZC~i 1jlaIll1111~ & ~01~111g A't~n IVIs. Sandi IV Jef~erson,.~enior ~'lanner 1 Q0 NW TS# Avenue Delray Beach,. Fliirida 33444 - Fte;: Abanda~ment of a portion of a~ ~lley-v~y w~~ch.runs ~©rt~lsc~~tdi~ midrv~y beteveen SE 7r'' Strreet-and SI+~ G'~` Street. and p~~•i3lled to tdae yeciea~al Ki~li~vay o~eprvay paars totaling 2.~98~ -acres of p~l~dac ~-igd~t-af way Dear Ms. Je~erscin The area petitii~i~eel foi• ataandonizient as stated iii. youi` letter elated J~~ly 13; 2fl 1 O has been reviewed as reglaestecl. Phase be advised that FPL does Have existiii overhead facilities wi'thii this alleyv~ay. These overhead facilities will lie the source a~ poyver that will, supply service to those: ~vho develop this areal l~L will recl~rrre these facilities he p~ai: 2~to a utility aaseme~if prior to the abandazzr~:ent oftlie alleyway. Ifyvu have any q~restions, please d©ri't liesitat~ to call rxie at (561) 479-4511. Siricer'ely, Jahn R. V'atr Vlect ~eniar Technical Specialist rrai ~~'I. €nup a;rani~ariy . t~e~ray ~cr~, ~~ ~~~~4 .: 3~r, _ , ` _ I~Le: Abandonment cif a portion of an ~lleywa~r v~rhich runs . - - north/south midway betwr~en S~ 7;" St ar~d SE G~'" Sfi and parai~ei to .. ~ ~ ~~. ~ ~. "'° F~ederai< Hwy totaling 2.4gS8 acres of pvt,lio right-of-way .. - .-, :Dear Ms. Jefferson: ~:.. . .- ; .. _~. AT&T Florida has reviewed the above-referenced request and ha$ r~o objection :.. ,, to. the proposed abandonment. Any associated expenses for relQCa~ion ,nor ..: ._ . ~djustmenf of AT&T Flaric~a faci3ities vsiould, o~f coupe, be at the prvpetiy i~wner's • . . 1 .•_ eXpense. - .. Please contact Douglas Walter at 56f 98$=G526 if a~Sciitiortal information o~- - comment is requlrecf concerning this rriatter. .~ This sheet must be submitted wifh the site plan fie each r3f the_utilitu ~rovidera listed iaelaw. For FPL review also com Iete and submitted the attached FPL Commercial and Industrial Pro'ect Ghect<llst, ~~~~~Cr,Q1T~~ ~~ ~~~L.~~~ ~R~~~~~~ Dear SiriMadam: The City pf Delray Beach has received an application for develaptnent approval as described below: /:~ i OwnerfApplicat~t ~ ~_ ~;~~ f' ~~.~ ~ r .~r,..~ ~-~ ,~ ~ Pro ~Ct Name 1 v~ rr : ~ ,c °' I" . .~!?fs~.. .c~a...r r;71 r-•T F~ "e7>lr~ir.r? [''_~',„t~? ~r.~~g~~f.f~ P f~" -___. _ _ ~;J , Praj~;ct AddresslLaeatinn ~i ~f . 4~ ~ ,, m~~ ~= `; ~ _ ~ ~~_ j __ _ _ ,~ .r~~ x ~.~ Proposed trnprovements A cagy of the praposed site plan is attached. Please review the attached plan and provide the'requested infarmatian. This sheet along with the plan revia~red should ire re#uened ~o. City of Cfelray Beach - ~ ; _: Planning & Zarling Dept '1{lf] NW 15tAvenue - - Delray Beach, FL 3344 ~: . at your earliest possible Gonveniertce. lilfill the proposed development affect existing utility servics? Yes ~ No Will the proposed devebprrlient require extension of existing utility xervice? Yes ,~No rt» f7 Comments. ~ t. ~. ~J` ~tr~ •f~[ ~~'~; r 'r' ,_,,.~-7 fF ~ ~~ t._ Litility Provtder ~° ~ '' ~ :/~. , .~} ~` ~ ~ ~r : ~..~~. Representative's Name anal Titlr: ~~ ,~ - {" t ~ }~ P-`.•j:~-L > ,. ;:. ~ ~F _., , .. Signature _ ~ ~s.~.~d ` .: ~ ~ ._.~ Dade ~:~ ~; -- ,~~~~ ~ _ __ his form along with a copy of the praposed plak is to be sent to the folfowirrg utility companies: ariice King Jahn Van Vfeet ~ Chris Canino FP&L Disfrihution Designer FP8~L f7istribution Designer Florida Public tJtilities Company 323 5. Military Trail 219fl0 Poweriine Road P.Q. Box 3395 Boynton Beach, FL 33436 Boca Raton, FL 33433 V~1. Palm Beach, FL 33402-3395 Projects 1Vvrth afAflanffc Avenue Projects Sautil of Atlantic Avenue Steven Rosa Bab Lawen, Specialist ,, Comcast Cable BellSouth TelecommUnicatians Garp 72Ct1 H. Federal F€ighway 2021 S. NiilitaryTrail ~ .i}, t3oca Raton, FL 33487 West Palm Seach, FL 33415 i f k ~o7iz7rzo~.o 1o:5s ~~ ~s~.z~3~zz~ n1JLlz~~ >3cx court T~rP-~~z ~loolrrooz This sheaf must be submltted'w9th the site tar} #o oath Of the uttli rovlders lie#ed belovr. For FPL review also cornplate and su6rnittecf the attached APL Gommerclat and tYtdustrlal Praf,~t Chocktist_ `. -- ppgg//~~yy ee p. qT ~~eeg,~ ~r 11 r1 rry~ ~7 x~ i )'d-.J~l~~~ktT~VIY ~~ V~t~1I~ ~~fR~Y~~~~~ j i i Dear Sir/Nta~tam: The City of Delray Beach has received an appiioatinn fipr deveiopmer~t apprava! as described below; UwnerlAppiicat~t V-~.'~~ ~~~-1~''(.#~ ~-•--~--~. ~~~ i t~r~ ~e.+~•?~(~L~ ~. F'rcject Name ~__~~~_~ ~~ e. ~, o N i~ '~" ti Project Addresslt_acatiorl , , ~, ~ ~ ~~~" ~"~ ~~ ~ ~ ~' J ~ ~-h -Sc~-~-, _,._ ~. ,~ (t~l+ ~~~~~~ ~~ '~~~-.~~ ~ ~~ ~~ ter-. ~.~~.1~~ 1 #~ ~~s ~.~ . . ~-~.~~ _~-~r-~' €?roposeci !rnprayernents ~~t.r4~a,~ ~E .hr ~ ~r vL'~ ,}~,~..~ v-~t~~l; •~ ~~~;~ r ' ~ ~ 3 rC.~sa {~;~.-ins r ~~ ~"3L~ ~ ~,~G !O ~ ~' ~ ~'_ A copy of the prt3posed site plan is attached, Please review the a€#ached plan al~d provide the requested infortr7atiprt. This sheet along with the pieta revtevsre~ should bg returned to: City of Delray Beach )'lanrting & Zoning Qept 1t)fl NW 1~`Averltte Clsiray Beach, FL 334 at your earliest possible convenience. Will the prcaposed d~:ve[Qpmerat affect existing utility service? ~ Yes No Wilt the proposect deveiopirrent rec{uire extension caf existing utility service? Yes ~N© Ct7rrtrT30 rats: .~. ...~. -. tE,'.,' 1 gii~ iE, Steven Rosa [fob Lowen, Specialist ~ ~' " fi-= it=~ ~ lie ; .; ('~ i omcasf Cable BellSouth Telecomin~rnleatioris Corp ~ ~'- .`.~ "-.-~".'_---~~---- ~ I ~ 201 N. Federal Highway 2021 S. Military Trail ~ ~ ~ ,~ ~, ~ `• Boca Raton, FL 33h&7 WBSt Palrn fSeach, FL 33A15 ~,~~ i i ~~~ 1 §~ ~ f ~ ~~i ~ li °'..~€ r i.Jtility Provider .~13.f:1[~'~2,~ ~-~1~-- __, ~ ._.. ,. .,~. ---- -- ~ / Representative's N me artd ~" ~~'r~r°~ ~r~d ~~' ~. Signature' ? ~ Date ~- ~f his form along with a copy of the proposed plat is to be sent to the follawirtg utility ccrmpanies~ arrice King .lohn Van Vleet Chris Canino FF'8~k. Distrih~itiarr Designer FP&L Distribution Designer FEorida Public Utilities Company 329 S, Mslitary Trail 21400 Powerline Road P.O. Box 3396 Boynton Beach, FL 33436 Boca RatoYr, FL 33433 W, Palm Beach, FL 33402-3955 i•*rofects Nerth ofAtfantfc Avenue Prefects South atAtlantit Avenue MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 30, 2010 SUBJECT: AGENDA ITEM 8.C.1 -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ACCEPTANCE OF AN EASEMENT DEED/DELRAY ELEVEN ITEM BEFORE COMMISSION The item before the Commission is acceptance of a 16' water and sewer easement deed within Block 11, Osceola Park, located midway between SE 7th Street and SE 6th Street, for Delray Eleven pursuant to LDR Section 2.4.6(M), Abandonment of Rights-of-Way. BACKGROUND The subject paved alleyway was dedicated with the recording of the Osceola Park Plat (Plat Book 3, Page 2) on January 17, 1913. The north-south alley provides access between SE 6th and SE 7th Streets. The easement area is a 16' x 303.22' rectangular shaped parcel containing approximately 4,851 sq. ft. (0.1114 acres). On August 23, 2010, the Planning and Zoning Board recommended approval of the 16' alleyway abandonment subject to establishment of utility easements over the entirety of the abandonment area as identified in the attached staff report. These easements are to be retained by the City until such time as it is necessary and appropriate for the developer to abandon these easements in favor of their replacement easements if utilities are rerouted. The easement deed currently before the City Commission is to accommodate the City water and sewer lines that traverse the property. The easement will be sixteen feet (16') wide and 303.22' in length and will run north/south from the northeast corner of Lot 15 Block 11 to the southwest corner of Lot 9, Block 11. The City Attorney has reviewed and approved the easement deed as to form and sufficiency. The sixteen foot (16') water and sewer easement deed is now before the City Commission for final approval. RECOMMENDATION By motion accept the 16' water and sewer easement deed for Delray Eleven. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avsnue Delray Beach, Florida 33444 EASEMENT DEED THIS INDENTURE, made this ~~ ° °day of September, 2010, by and between DELRAY ELEVEN, LLC, a Florida limited liability company, with a mailing address of 1120 S. Federal Highway, Suite 200, Delray Beach, Florida 33483, parry of the first part, and the CITY OF DELRAY BEACH, with a mailing address of 100 N.W. 1st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other goad and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a right of way and perpetual easement for the purpose of the construction and maintenance of a water/ sewer main with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such wafter/sewer main well under, across, through and upon, aver, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION See Exhibit "A" Concomitant and coextensive with this right is the fiirther right in the parry o£ the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or Bens encumbering this easement. The party of the first part also agrees to erect no building upon the above-described properly. It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good right and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #i: Ld nr~~ ~~ya (name printed or typed) PARTY OF THE FIRST PART: DELRAY ELEVEN, LLC By: Retail Concepts, Inc., its managing member By: T eng r nt WI S #2: ~ ~ Y'~ pt~rd isa~ (name printed or typed) STATE OF COUNTY OF ~.. The foregoing instrument was acknowledged before me this `~~day of 2010 by Jim Zengage, President (name of officer or agent), of Retail Concepts, lnc., managing member of Delray Eleven, LLC (name of corporation), a Florida limited liability company (State or place of incorporation), on behalf of the company. He/-die is uersonallv known to me or has produced _ {type of identification) as identification and ~lldid not take an oath. Si afar of Notary Public - State lorida (SEAL) } ~'lR~INIR O~ASl,~1' ~~ ~ MY I;d1~IMl~Ealr:~ti ~ I~I~7Y8~7~ t,~`~tPll~~~; flay ~3, ~tly~ ~s~~a~lrir-s NSUUykula~ rx~r~ ~ $~ ~ DESCRIPTION: ALL THAT PORTION OF THE CERTAIN 16.00 FOOT WIDE ALLEY LYING BETWEEN LOTS 4 THROUGH 9 OF BLOCK 11, AND LOTS 10 THROUGH 15 OF BLOCK 11, OSCEOLA PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGE 2 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 4 OF SAID BLOCK 11; THENCE SOUTH ALONG THE WEST LINE OF LOTS 4 THROUGH 9 DF SAID BLOCK 11, A DISTANCE OF 303.22 FEET TO THE SOUTHWEST CORNER OF LOT 9 DF SAID BLOCK 11; THENCE S.$9'31'30"W., A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 10 OF SAID BLOCK 11; THENCE NORTH, ALONG THE EAST LINE OF LOTS 10 THROUGH 15 OF SAID BLOCK 11, A DISTANCE DF 343.22 FEET TO THE NORTHEAST CORNER OF LOT 15 OF SAID BLOCK 11; THENCE N.89'31'30"E., A DISTANCE OF 16.00 FEET TO THE POINT DF BEGINNING. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 4,851 SQUARE FEET/0.1114 ACRES MORE OR LESS. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLE55 SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSWIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED BEARING OF SOUTH ALONG THE WEST LINE OF LOTS 4 THROUGH 9, BLOCK 11, OSCEOLA PARK. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF pESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPAREb UNDER MY DIRECTION ON JUNE 23, 2010. I FURTHER CERTIFY THAT THlS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH fN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING 7301A W. PALMETTO PARK ROAD -SUITE IOOA BOCA RATON, FLORIDA 33433 PHONE (561)-392-1991 /FAX (561)-750-iG52 OSCEOLA PARK ALLEY ABANDONMENT SKETCH OF DESCRIPTION i DAVID P. LINDLEY REGfSTERED LAND SURVEYOR N0, 5005 STATE OF FLORIDA L.B. 3591 DATE 6 23 10 DRAWN BY JC F.S. PG. N A SCALE AS SN OWN JOB N0. 4610ALLEY W J GRAPHIC SCALE (IN FEET) so ~0 0 3o so ~ ~~ ~ NORTH POINT OF BEGINNING INTENRED DISPLAY SCALE N.W. CORNER OF LOT 4 1 INCH =6O FEET BLOCK 11 rOSCEOLA PARK I I I I ! (PLAT BOOK 3, PAGE 2) 30' ~ 30' ,-.^ ~- co ~ N io ~ N W } ~ cn cn ~a>- ~ ~ W~3 ~ ~~ ,Q_o NN J Ii Q O ~~_~ mm W ~ ¢¢ (rim I ~ ~ °a °a w r w J LOT 1 fi ¢ N89'31'30"E `~ 1 fi.00' N.E. CORNER OF LOT 15 BLOCK 11 LOT 15 w N LOT 14 N M M BLOCK 11 ~~ OS eooKA ,P ARK z) LDT 13 LOT 12 ~ O Z LOT 11 E. LINE OF LOTS 10-1 BLOCK 11 LOT 3 W. LINE OF LOTS 4-9 BLOCK 11 (BEARING BASIS) LOT 4 N LOT 5 K} O M BLOCK 11 OSCEOLA PARK (PLAT BDOK 3, PAGE 2) LOT 6 LOT 7 N 127.50' ' LOT 10 30' ~ 30' S.E. CORNER OF LOT 10 BLOCK 11 S.E. 7TH~STREET . "oN 40' RIGHT-OF-WAY (PLAT BOOK 3, PAGE 2) ~ CAULFIELD & 1NHEELER INC. CIVIL ENGINEERING -LAND PLANNING LANDSCAPE ARCHITECTURE -SURVEYING 7301A W. PALMETTO PARK ROAD -SUITE IOOA BOCA RATON, FLORIDA 33433 PHONE (561}-392-1991 /FAX (561)-750-1452 LOT 8 LOT 9 S W. CORNER OF LDT 9 BLOCK 11 S89'31'30"W o N 30' I 3O' ..^ r~ ~ N 0 ~ N Wr I ~~ ~Q~ ~~ W~3 I Q~ ,a-o N~ ~~H 00 cp~~ mm .W~ r~ (n ~ ~ ~ ri ~ a°°¢ r° °~ ....~ 30' I 30' SHEET 2 4F 2 05CEOLA PARK ALLEY ABANDONMENT SKETCH OF DESCRIPTION DATE 6 23 10 DRAWN BY JC F.B. PG. N A SCALE AS SHOWN JOB NO. 461OALLEY MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 21, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 CONTRACT CLOSEOUT (C.O. N0.2/FINAL)/H & J CONTRACTING, INC./OLD SCHOOL SQUARE PARK ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($2,565.03) and final payment amount of $45,460.60 to H & J Contracting, Inc. for the completion of the Old School Square Park; Phase I Project #2006-053. BACKGROUND The project consisted of the relocation of existing palm trees and demolition of existing surface parking area; construction of decorative concrete walks and shell surfaced area; installation of pedestrian site lighting, special events utility boxes, hose bibs, stormwater inlets and piping. Site furnishings included the following: benches, trash receptacles, bike racks, carousel play structures, landscape and irrigation. On September 28, 2009 the City Manager approved Change Order No.l in the amount of $9,600.00 for additional work required for the removal, relocation, and replanting of eleven (ll) Royal Palm Trees and five (5) Coconut Palm Trees from the Old School Square construction site to various locations around the City. Change Order No. 2 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #661656 to funding account 334-4151-572-63.59 (General Construction Fund/Improvements Other/Old School Square Pk. Imp.); 441-5161-536-63.90 (Water/Sewer Fund/Improvements Other: Other Improvements) and 448-5461-538-63.90 (Storm Water Utility Fund/Improvements Other/Other Improvements). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 2/Final) in the net deduct amount of ($2,565.03) and final payment amount of $45,460.60 to H & J Contracting, Inc. for completion of the Old School Square Park Phase I Project. CITY OI• DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 2/Final (Co~ztract Closeout} PROJECT NO. 2006-053 DATE: PROJECT TITLE: Old School Square Park; Phase I TO CONTRACTOR: H & J Contracting, Inc. YOU ARE HEREBY REQUESTED TO iVIAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECII1ICATIONS FOR THIS PROJECT AND TO PERFORI~I THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND CDVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A", SUiYIMARY OF CONTRACT AMOUNT/CHANGES ORIGINAL CONTRACT AtViOUNT $ 677, I2I.66 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ 9,6©0.00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 6$6,721.66 COST OF CONSTRUCTION CHANGES THIS ORDER ($ 2,565.03) ADJUSTED CONTRACT AIy10UNT INCLUDING THIS CHANGE ORDER $ 684,156.63 PERCENT DECREASE THIS CHANGE ORDER -0.37% TOTAL PERCENT INCREASE TO DATE +I.03% CERTIFIED STATEI~IENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. H & J Contracting, Inc. (Contractor to sign & seal} TO BE FILLED OUT BY DEPARTIvIENT INITIATING CHANGE ORDER l=ending is available from account: N/A DEPARTMENT FUNDING CERTIFIED BY DELRAY BEACH, FLORIDA by its City Coln~nission RECONmIEND: Environmental Services APPROVED: City Atton~ey By: City l~Ianager ATTEST: By: City Clerk S:U?ngldminlProjects\20062006-453VOFFIC WL`,CO 2 Final H 3e S OSS Part: PHS l 092 f 10,Jocx SCHEAULE "A'r TO CNAVGE ORDER NO, 2 / F1NAL (CON`IRACT CLdSEOLiT) H & J CO1~T14AC1'it1'G, T1VC. OLD SCHOOL SQIIARE PARK; PHASE 1 P~ 2006-053 ITEfVI DESCRIPTIDN UNIT CONTRACT AWARD CONTRACT TO DATE ND. EST. QTY. UNIT PRICE TOTAL ACTUA L QTY. UNIT PRICE EXTENDED TQTAt. PRICE QUANT ADJ. +I- t Maintenance of Traffic LS t $ 2,625.00 S 2,825.60 1 $ 2 625.00 S 2 fi25.OD S 2 MobiIizationli7emobiiaatian LS 3 S 13,965.00 $ 13,985.00 1 $ 13,985.00 $ 13 985.00 $ 3 Well Abandonment R Ca in EA 2 $ 1 312.50 $ 2,525.[50 2 $ 1,312.56 S 2 625,00 $ 4 Removal a€ Existin Pavement Scan i Basa LS 1 5 7,937.67 5 7,937.67 1 $ 7,937.67 $ 7 937.87 $ 5 Demolition Ciearin & Grubbin LS 7 $ 33,498.09 $ 33,498.09 1 $ 33,498.09 $ 33 496,09 $ B Slormwafer LS 3 S 26 340.80 $ 26,340.80 7 $ 26,340.80 $ 2 ,340.80 7 Water Service LS 3 $ 5,932.48 $ 5,932.48 7 $ 5,932.98 $ 5,932.48 $ 8 EarihworklGradin LS 3 S 6 288.82 $ 5,268.82 t ' $ 6,268.82 $ 8,268.82 $ 9 Free Protection LS 1 $ 2,288.53 $ 2,268.53 1 S 2,268.53 $ 2,268,53 $ 10 7 112" T e S-ill As hari SY 555 $ 7.80 $ 4,329.00 559 $ 7.80 $ 4,360.20 $ 37.20 17 8" Limerp k Base SY 555 $ 18.36 $ 10,189.80 559 $ 18.36 $ 10,263.24 $ 73.44 12 12" Slabii¢ed Sub rade . SY 555 S 3.53 $ 1,959.15 559 $ 3.53 $ 7,973.27 S 74.12 13 D-Curb LS 1 S 3,288.60 $ 3,288.60 1 S 3,288.66 5 3,288.60 5 74 Park 5' na a Per P#an Sheet WY-07 LS 1 $ 575.00 $ 515.00 1 S 515.00 S 515.06 S '15 Pavement Markin s & S na a LS 1 5 824.00 $ 624.00 1 S 824AD 5 824.00 S 16 LI htin & Electrical LS 1 $ 256,246.75 $ 258,246.75 1 5 258 246.75 S 258 248.75 $ 17 Decorative Concrete Aggregate Sidewalk SF 54,990 $ 6.35 $ 92,338.40 15,106 5 6.16 5 93,052.96 S 714.58 18 Decorative Concrete Flush Curtr 8" SF 430 $ 4.07 $ 1,750.10 430 $ 4.07 $ 7,750.10 5 19 Chess Board SF 580 $ 8.20 5 3,596.00 576 S 6.20 $ 3,571.24 $ 24.80 20 Co ulna Gravel Pavin 1 TON 145 $ 74.89 S 30,859.05 145 $ 74.89 5 10,859.05 S 21 En ineered Woad Fiber Mulch T CY 115 $ 21.52' S 2,428.80 175 5 21.12 5 2,428.80 5 22 Grass P Pave SF 3,555 3 5.30 S 22,396.50 3 643 $ S.3D S 22,950,90 S 554.40 23 Rtuminum Ed to LS 260 $ 3.35 $ 871.06 0 S 3.35 S 5 871.00 24 Bench A with Concrete Pad EA 8 $ 7,433.76 5 77,970.08 8 $ 1 433.76 S 77,470.08 $ 25 Trash Rece tacle 6 wlLiner & Concrete Pad EA 5 $ 3,730.94 S 5,654.70 5 S 3 130.94 5 5,654.76 5 26 Adirondack ~ Chairs EA 9 5 266.85 $ 7,807.85 9 $ 200.85 5 7,807.65 $ 27 Movable D Chairs EA 40 $ 200.85 S S,p34.06 40 S 200.65 $ 8,034.06 $ 2S Movable E Table EA 10 5 509.85 5 5,098.50 10 $ 509.85 $ 5,098.50 $ 29 Bika F Rack EA B $ 5,545.00 S 9,270.00 6 S 1,545.00 S 9,276.00 $ 30 Umbrella L EA 8 S 245.35 $ 7,472.10 6 $ 245.35 $ 1,472.10 $ 31 Umbrella M Stand EA 8 $ 69.07 S 414.66 6 S 69.07 S 414.06 S 32 Carousel s Albwance LS i S 20,000.00 5 26,000.60 1 $ 20,000.00 $ 20000.00 $ 33 Rebcated Palms EA 27 $ 208.00 S 5,562.06 27 S 206.00 $ 5,562.06 $ 34 Gumbo Limbo BSI200 Eq B $ 257.50 5 2,066.00 6 $ 257.56 $ 2,060A0 $ 35 Braz~ian Beaut Leaf CB145 EA 7 S 138.45 $ 829.15 7 $ 118.45 S 829.15 S 36 Wikt Tamarind LLf45 FA 5 S 118.45 5 592.25 5 S 718.45 $ 592.25 5 37 Live Qak gVl200 EA tfi $ 159.65 $ 2,554.40 56 $ 159.65 S 2,554.40 S 38 Ro aS Palm RRl16 EA ~16 S 412.00 S 6,592.60 15 S 412.00 $ 6,186.00 5 472.60 39 Butte Bush BDIi Pur le Pbwer EA 529 5 3.35 $ 432.35 129 $ 3.35 S 432.15 S 40 Crinum Lil CAR EA 14 $ 24.72 S 346.08 14 $ 24.72 5 346.08 5 41 Firebusb HP13 EA 89 5 5.97 S 537.33 89 $ 5.97 S 531.33 5 42 Shrim Plant .lBI3 EA 773 $ 6.70 S 3,759.10 173 $ 6.70 5 1,159.10 5 43 Gold Mound Lantana LCGI1 EA 166 $ 2.42 $ 40].72 166 S 2.42 S 401.72 $ 44 Muh Grass MCPfi EA 570 $ 6.18 S 3,522.60 570 S 6,18 5 3,522.60 S 45 African Bush Dais EA 759 S 4.12 $ 3,327.48 759 5 4.72 $ 3,327.08 $ 46 Plumba o PA13 EA 93 $ 5.97 S 555.21 93 S 5.97 S 555.21 S 47 Coonlie zP13 EA 127 $ 14.42 5 1,744.82 121 5 74.42 $ 1,744.82 S 46 Emerald 20 sia Sod rolled SF 33 206 $ 0.45 S 14,946.00 33,399 S 0.45 S 15,029.55 S 89.55 49 Pine Bark Mlni Iglu ets CY 226 S 39.14 S 8,845.64 226 5 39.74 S 8,645.64 5 50 Ir' atlonWaterServicewlBox EA 7 $ 2060.00 $ 2,080.00 t S 2,060.06 S 2,060.00 $ 51 Ir' aflon S stem LS 1 S 29,406,56 5 29,406.50 1 S 29,496.50 S 29,406.50 5 52 General Allowance -Breakdown 8efow LS 1 $ 10,000.00 $ 10,000.00 4.7641 $ 10,000.00 $ 7,640.50 $ 2,359.50} Add'! cost to change the root watering system from bubblers to socks; to include 2 roet watering systems with sacks per tree x 27 frees; which equals 54 watering tubes. _ _ _ _ S 3,17 B.5D - - Add'1 amount (over the $26,000.06 above Line Item #32 Carouse[ Allowance amounty needed for the Carouselsl Playground E ui ment. _ _ _ _ 5 4,522.00 - - Page 1 of 2 SCHEDULE "~." TO CHANGE ORDER NO.2 / i'INAL (CONTRACT CLOSEOU'T'} H 3f J CONTRALTI\TG, INC. OLll SCHOOL SQUARE PARK; PHASE 1 PN 2006-053 CONTRACT AWARD CONTRACT TO QATE ITEIVE DESCRIPTION UNIT NO EST. ACTUA EXTEtJDED QUANT ADJ. UNIT PRICE TOTAL UNIT PRICE QTY L QTY TOTAL PRICE } f - 53 ~deoAlbwance LS 1 S 1,000.00 $ 1,404.40 0.6250 S 1,000.00 $ 625A0 $ 375.0(] 54 Indamnificaticn LS 1 S 14.x0 $ 94.00 1 S 10.00 $ 90.40 5 55 As-8ults LS 1 $ 2,575.40 $ 2,575.00 1 S 2,575.00 $ 2,575.00 $ - TOTAL ORIGINAL CONTRACT AWARO $677,121.56 $674,556.63 ($2,565.03) Change Order 1Vo. 1 - Add'I. WOFIC fet~UfrEd fOf tllE rEmOVaI, fEICCat10n, and replanting of 11 Royal Palm Trees & 5 Caconui Pafm l.5 t S 9,600.00 $ 5,600,44 1 $ 9,6[}0.00 $ 9,Bfl0.00 50.00 Trees from the OSS canstructian sale to various laca€ions arcund the City. FINAL GRAND TOTAL AMOUNTS 5686, 721.68 Original Contract Award 5677,921.56 Previously Approved Changes $9,600.00 Total AwardlApproved to Date $886,721.66 Final Contract to Date $684,156.63 $684,156.53 ($2,565,03) CHANGE ORDER NO. 2 f F1NAL $ (2,565.Q3) Page 2 of 2 Q 0 m 5. 0 o= E 0 00 I 0 0 N M N C ° 3 z U 6 ~ _ a :.;. z j ~ o z ~~ 3 ai ~ a~ cs ._ of 0 ~~ 0 -., r-~ 0 0 0 N ~ 1 ~ ... U QJ O ~, ~~ MITI w Q 0 z N w z ~° ~ CITY of DELRAY BEACH OLD SCHOOL SQUARE PARK DATE: 07/23/2009 ~~e ENVIRONMENTAL SERVICES DEPARTMENT PHASE I OLD SCHOOL SQUARE }y ©©Q 434 30UTH SWINTON AVENUE, DELRAY BEACH, FLORIDA 33444 2006-053 1 OF 1 _: MEMORANDUM TO: Mayor and City Commissioners FROM: Carolanne Kucmerowski, Construction Management Technician Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 22, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 CONTRACT CLOSEOUT (FINAL PAYMENT)/THE GUARANTEE COMPANY OF NORTH AMERICA/H & D CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout and Final Payment in the amount of $135,623.24 to The Guarantee Company of North America; the surety for H & D Construction Company, Inc. for the SW 14th Avenue Roadway, Alleys and Drainage Improvements Project #2006- 005. BACKGROUND The project consisted of roadway improvements on SW 14th Avenue from SW 1st Street to SW 2nd Street, and the adjacent alleys. SW 14th Avenue improvements included new parallel parking, landscape nodes, sidewalk, landscaping, irrigation and a new drainage system. Improvements in the adjacent alleys included new pavement and drainage. This project was in coordination with the Community Redevelopment Agency and is part of the Southwest Area Neighborhood Redevelopment Plan. Improvement of the alleys provided rear access for future driveways, while improvements on SW 14th Avenue allow for on-street parking. Community Improvement Neighborhood Services received a CDBG Recovery ARRA Federal Economic Stimulus Grant to partially fund this project. The contractor, H & D Construction, Inc. completed the construction of the project; but The Guarantee Company of North America (GCNA), the issuer of the Payment and Performance Bond, received numerous claims against the Payment Bond by various subcontractors, materialmen and suppliers of H & D Construction; alleging non-payment for goods and/or services provided on the project. As a result, GCNA is requesting that the City issue final payment directly to GCNA; to mitigate the damages under the Payment Bond. To closeout the contract, the final deduct to the City is: ($113,539.25), which includes liquidated damages; in addition, ($1,500.00) will be deducted from this contract and paid to the Surveyor, Bruce Carter & Associates, Inc., for completion of the As-Builts. The final contract amount is $393,142.00. H & D Construction, Inc. was previously paid $257,518.76; which leaves a balance due of $135,623.24 to be paid to GCNA. An itemized Schedule "A' spreadsheet is attached. FUNDING SOURCE Residual funds to be liquidated from Purchase Order #661428 as follows: $102,947.75 to funding account 334-3162-541-68.05 (General Construction FundlOther Improvement/SW 14th Alley Improv) and $10,591.50 to 448-5461-538-68.25 (Storm Water Utility FundlOther Improvement/SW 14th Av- SW 2nd To SW 1). The ARRA Grant items on this project exceeded the grant amount of $140,956.00; therefore, there is no liquidation back to 101-1969-541-68.25. RECOMMENDATION Staff recommends approval of a Contract Closeout and Final Payment in the amount of $135,623.24 to The Guarantee Company of North America (GCNA); the surety for H & D Construction Company, Inc. for the SW 14th Avenue Roadway, Alleys and Drainage Improvements Project. SCHEDULE"A" TO CLOSEOUT CONTRACT ORIGINALLY A~Vr1,R!]L+A TO H ~Yz D CONSTRUCTION CO. &t FINAL PAYMENT TO BONDING COMPANY (THE GUARANTEE COMPANY OF NORTH AMERICA) FOR THE S\V 14TH AVE ROADWAY, ALLIaYS & ARAINAGE IMPROVEMENTS PROJECT #206-©O5 H ~ D CONSTRUCTION CO. !THE GUARANTEE C014IPANY OF NORTH AMERICA ITEM DESCRIATION UNIT CONTRACT AWAR11 CONTRACT TO DATE NO• EST. QTY llNIT PRICE TOTAL ACTUAL QTY UNIT PRICE EXTENDED TOTAL PRICE QUANT AD,f. +! - 1 Si€e Yfobilization LS 1 $ 21,500.OD $ 21,500,00 1 $ 21,5D0.00 $ 21,50D.00 $ - 2 iwlaintenance ofl'ratf-ic LS I $ 10,000.00 $ 10,000.00 1 $ 10,OOD.DD S 10,000.DO $ - 3 As-Built RecordDraw~n s LS 1 $ 18,404.00 $ i8,00D.00 1 5 18,D00,06 $ iB,ODD.DD $ - 4 Emsipn Control LS t $ 6,000.00 $ 8,D00.00 1 $ 6,000.00 $ 6,000.DD $ - 5 Indemnification LS 1 $ 10.00 $ 10.00 1 $ 10.04 S 10.00 $ - 6 Pro'ect Identification Sin 6A 1 $ 1,DDD.DD $ 1,406A0 1 $ 1,ODO.OD $ 1,400.00 $ - 7 ClearingSz Gruhbing,Demplition,~ Dis sat LS t $ 18,000.00 S 18,000.00 1 $ 18,OOD.00 $ 18,000.D4 $ - 3 1 I!2" Type S-3 Asphalt (2 Lifts) (inctudii3g Tack Coat} SY 2,371 $ 1D.00 $ 23,710.00 2,389 $ 10.OD $ 23,890.00 $ 180.00 9 8" Limerock Base incl. Prime ~ Tack Coat) SY 2,745 $ 10.75 $ 29,508.75 2,225 $ 10.75 $ 23,918.75 $ (5,590.DD) 10 12"Stabilized Subgrada SY 3,202 $ 2.OD $ 6,4D4A0 2,741 $ 2.D4 $ 5,482.00 $ 922.DD) 11 3"Com etedSub rade SY 2,1Di $ 2.D0 $ 4,202.00 397 $ 2.44 $ 794.04 $ (3,408.04 l2 Flowable Fill CY 104 $ 15D,DD S 15,DDO.DO 7 $ 15D.D0 $ 1,05Q00 $ (13,950.Ofl} l3 5 #t. wide (4" thick) Conc Sidewalk LF 2,665 $ 13.00 S 34,fi45.00 2,181 $ 13.DD $ 28,353.00 $ (6,292.00 14 5 4. wide (6" thick} Conc Sidewalk LF 231 S 15.50 $ 3,580.50 273 S 15.50 $ 4,231.50 $ 651.OD lS Curb Ram s wltaetile surface EA 14 $ 390.D0 $ 5,460A0 15 $ 390.00 $ 5,850.OD $ 390.OD 16 I" As halt MilEin & 1"Min. Overla Gpurse SY 1,744 $ 10.75 $ 18,801.75 1,762 $ iD.75 $ 19,156.50 S 354.75 17 Open CnF Pavement Re sir SF 3,495 $ 3.50 $ 10,832.54 3,087 $ 3.50 $ 10,804.50 $ (28.00) 18 Valley Ginter LF 2,363 S 9.50 $ 22,448.50 2,279 $ 9.50 $ 21,65D.5D $ (796.00) 19 Ty FCurh LF 1,248 $ 10.50 $ 12,684.OD 1,031 $ 10.5D $ 10,825.50 $ (1,858.50} 24 T e C Drainage Inlet EA 2 $ 1,650.00 $ 3,300.00 2 $ 1,654.00 S 3,300.00 $ - 21 T EDraina elnlet IA 9 $ 2,350.DD $ 21,154.00 9 $ 2,354.OD $ 21,154.00 $ - 22 T iDrainagelnlet EA t $ 3,7D0,00 $ 3,700.60 1 $ 3,700.OD $ 3,700.00 $ - 23 Conflict Drainage Manhole (6' Dia) EA 1 $ 3,900.00 $ 3,900.00 1 $ 3,9DO.OD $ 3,900.00 $ - 24 3' Dia_ Drairra a Manhole EA t $ 4,800.04 $ 9,SOO.DO 1 $ 4,800.00 $ 4,800.OD $ - 25 18"RCP LF 1,463 $ 27.00 $ 39,501.00 1,444 $ 27.00 $ 37,906.DD $ {1,593.00) 26 24" RCP LF 19 $ 37.00 $ 743.DD 27 $ 37.00 $ 999.00 $ 296.40 27 30" RCP LF 41 $ 50.OD $ 2,050.OD 52 $ 50.00 $ 2,BD0.00 $ 550.40 23 Concrete Inlet A con EA 3 $ 300.OD S 300.00 3 $ 300.00 $ 900.00 $ - 29 Connect to Existin Draina e 1:A 2 $ 1,500.04 $ 3,000.00 2 $ 1,5DD.DD $ 3,DDD.00 $ - 30 RemovaExistinglnlet EA I $ 1,OOD.OD $ 1,000.00 1 $ 1,OOD.00 $ 1,060,00 $ - 31 As halt Qrivew'a Re tacement SF 168 $ 4.00 $ 672.D0 146 $ 4.40 $ 592.00 $ 80A0 32 Canerete Driveway A ran 6" thick) SF 1,326 $ 4.56 $ 8,217.D0 3,566 $ 4.50 $ 16,447.00 $ 7,830.40 33 Swale Grading SY 1,084 $ 5.00 S 5,420.00 1,QD2 $ 5.D0 $ 7,D10.00 $ 1,59D.4D 34 Pavement Markin s LS I $ 3,300.D0 $ 3,30D.40 1 $ 3,3DD,40 $ 3,3DD.00 $ - 35 6" DIP WIv1(RJP} LF 30 $ 160.00 $ 4,840.00 30 $ 16D.00 $ 4,8DD,4D $ - 36 10" D1P Wtvi (RJP} LF 64 $ 115.OD $ 6,90D.D0 BO $ 115.40 $ 6,900.00 $ - 37 6"Gate Valve EA 2 $ 1,1D6.OD $ 2,200.66 2 $ 1,140.40 $ 2,200.4D $ - 38 10" Gate Valve EA 1 $ 1,900.00 $ 1,900.00 1 $ 1,900AD $ 1,900.00 $ - 39 6" Line Sto EA 2 $ 3,000.00 $ 8,000.00 2 $ 3,DD4A6 $ 6,44D.44 $ - 40 10" Line Sto EA 3 $ 4,000.00 $ 12,000.40 3 $ 4,000.00 $ 12,DDD.06 $ - 41 Relorate Water Service EA 5 $ 1,000.00 $ 5,4DD.66 1 $ 1,040.40 $ 1,000.40 $ 4,000.40 42 RemoveEsisiin IVM LF 44 $ iD.DD $ 4D4.D6 4D $ 10.DD $ 400.40 $ - 43 Hya harbe lagenicaulis - 5" overall height EA 5 $ 112.60 S 560.00 5 $ 112.OD $ 560.00 $ - 44 Veitchia montgpmeryana-16' overall height; double tnml: EA 12 $ 345.QD $ 4,146.D4 12 $ 345.00 $ 4,14fl.4D $ - d5 Wpd •elia bifurcata-I6' overall hei ht EA 17 $ 281.40 $ 4,777.00 17 $ 281.00 $ 4,777.D0 $ - 46 Conocarpcis erectus sericeus - 12'-13k5'-6; 5' std trunl: EA 6 $ 164.00 $ 960.04 6 $ 180.00 $ 964A0 $ - 47 Eu horbia milli'dwarf-3 at; 18':x12" full EA 376 $ 7.25 $ 2,726.D4 118 $ 7.25 $ 855.50 $ {1,870.50} 48 Ficus micracarpa "Greeir Island - 3 gal; 12"s12"; full EA 438 $ 7.20 $ 3,153.64 42 $ 7.20 $ 302.40 $ (2,851.20) 49 yfuhlenber iaca iallaris- i al; 12"x12" full EA 257 S 6.50 $ 1,674.50 40 S 6.50 $ 264.04 $ (1,410.50} SO zamia uEnila - 7 gal; 18"s18" full EA 62 $ 39.5D $ 2,449.00 7 $ 39.54 S 276.50 $ (2,172.5D) 51 Pas lum nolatum - splide sad SF 6,476 $ 0.2D $ 1,295.2D 13,444 $ 0.20 $ 2,688.80 $ 1,393.64 Page 1 of 2 SCHEDULE"A" TO CLOSEOUT CONTRACT ORIGINr,LLY A~YARDED TO H & D CONSTRUCTION CO. & FINAL PAYMENT TO BONDING COMPANY (THE GUARANTEE COMPANY OF NORTH AMERICA) FOR THE SW I4TH AVE ROAD~YAY, ALLEYS & DRAINAGE IMPROVEMENTS PROJECT #2446-405 H & D CONSTRUCTION CO. /THE GUARANTEE COMPANY OF NORTH AiYIERICA CONTRACT AWRRD CONTRACT TO RATI" ITEM DESCRIPTION UNIT NO EST. ACTUAL EXTENDED QUANTADJ. UNIT PRICE TOTAL UNIT PRICE QTY. QTY. TOTAL PR1C>= + I - 52 Stenata hrum secundatum -solid sod SF 222 $ 0.30 $ 56.60 3,61& $ D.3D $ 1,D84.8D $ 1,D18.2D S3 LiootBarrier LF 65S $ 12.25 $ 8,060.5D D $ 12.25 $ - $ 8,06D.SD 54 Planting Soil CY 418 $ 31.70 $ 13,250.6D 410 $ 31.70 $ 12,987.00 $ (253.fi0) 55 Mulch-3" dee CY 3R $ 37.75 $ 1,472.25 33 $ 37.75 $ 1,245.75 $ 226.50) 56 Video r\llou~ance LS I $ 1,D00.00 $ 1,ODO,DD 1 $ 1,OOD.OD $ 1,ODO.OD $ - 57 unforeseen Canditlans Allowance - ~ t $ 35,000AO $ 35,000.00 0.27 $ 35,000.40 $ 9,326A0 $ (25,674.00) Breakdown Cselaw Add'1. warn required dne to conflic€ with 6" clay sewer pipe; includes lobar &: material - $ 737.DD - - Add'[ work required due to the need to ott'sef - - - $ 996.OD - - tops for structures #4, # t0, & # t4 Add't work required to allow homeowners teFnporary access {limerock) for the driveways - - - - - $ 956,OD - - at the north end of tlse east altey Add'l, cost for the materials & iustallation of $ 3 285 00 {5} addl. driveway aprons Add'I, cost for the materials & installation of (2) add'I. drivewayy aprons; in addition to tl~e - - - - - $ 1,422.00 - - {S)above; total of (7) addl. driveway aprons Addl. cost for the adjusunents of (2) drainage - - $ 1,OSD.OD - - structures S-3 3c S-4 Add'1. scope for the exchange of {2}drainage $ 850 00 valley grates; to provide correct grates _ _ _ . - - DesignrBuitd Irrigation Allowance -Cost for 58 the purchase 3c installation of 300 LF of 2" LS 1 $ 25,000.00 $ 25,000.flO D.13 $ 25,000.00 $ 3,246.00 $ (21,754.OD) Sleeves; 34 Taro ZYF 12"Pop-Ups; 34 ooze Tube 25 Gal Tree Watering System TOTAL ORlG1NAL CONTRACT AWARD $508,'189.25 $419,642.00 $ (88,539.25) FINAL CONTRACT -BREAKDOWN Original Contract Amount $508,'181.25 less Quantity Adjustments (above) ($88,539.25) Lass Liquidated Damages - 50 flays @ $500.001Day ($25,000.00) Less Estimated Amount To 8e Paid To Local Surveyor for (S1,5DO.DOJ Completion of As-builis FINAL CONTRACT AMOl1NT $393,942.00 FINAL CONTRACT PAYMENT SUiVIMARY =final Contract Amount 5393,142.00 _ess Amount Previously Paid to H & D Construction Co. ($257,596.76) 'final Pa ment to The Guarantee Com an of North America $135,623.24 Page 2 of 2 September 27, 2010 ETCHLVERRY HARR1SOPI l~ Main Office Y[ellon Financial Center 150 South Pine Island Road suite l05 Ft. Lauderdale, FL 33324 3e1: (954} 370-1681 (8$83 332-8040 Fax: (954) 370-1682 Fr. Myers Office Sanibel Professional Canter 2323 Wooster Lane s~zite 1 Sanibel Island, FL 33957 ?el: {239} 472-3315 Fax:(z39} 472-3101 Edward Etclreverry etcheti~erryC~etctrtav.!cmrr Guy W. Harrison harri5an@etchlaw corn Jeffrey S. Geller gellerC~etclrlaw corm Steve 1Cerbel her~el@efElrlaw,COni Gerard i~4. Kouri Jr. t Ylareos Perez Cruz ~~ Raymond Perez Brayfield t* t of Counsel $~Irnitted in Pcrerfin Rtcv Drily and lncatect in San Juan • SURL•TY • F1DEi1FY ° CON5TRVC.T[ON " ~OhIMERGlAL Carolanne Kucrrlexowski Via Facsimile and U.S. IV1ai1 Construction Managelrlent Technician City of Delray Beach 434 S Swinton Avenue Delray Beach, FL 33444 Re: Revised D, Surety: Principal: Obligee: Project: Bond No: Our File: Dear Ms. Kucmerowski: ~mand,~or Relerrse_}'Final Payment The Guarantee Cflmpany of North America H&D Construction Co., Inc. City of Delray Beach; Florida SW 14t~ Avenue Roadway, Alleys and Drainage Improvements 80052725 157-1x13 This letter serves as The Guarantee Company ofNorth AlnericaUSA's ("GCNA"} request for payment of the final amounts due and owing on the above-referenced project. GCNA issued Payment and Performance Bonds on behalf of H&D Construction Co., Inc. ("H&D"}, as principal, with the City ofDelray Beach, Florida ("City"), as obligee, on the project commonly known as the "SW 14'x' Avenue Roadway, Alleys and Drainage Tnnprovements" (tile "Project"). In colanection with the issuance of such Bonds, H&D executed an Indemnity agreement which, upon the occurrence of an "event of default", provides GCNA with a series of rights, including but not limited to the assignment of a continuing security interest in any and all contract receivables, including those currently due and owing under the bonded contract. It is our understanding that H&D has substantially completed its work on the Praject, and that the City has confrnrled the final quantities provided by H&D under the bonded contract. Specifically, of the total bonded contract value of $508,181.25, the City has confirmed "completed and stored to date" work by HB~D in the amount of $393,142.00, the remaining quantities of the bonded contract being deleted from H&D's perfarlnance obligations. Accordingly, H&D's records reflect an outstanding alxlount due and owing on the Project of One Hundred Thirty-Five Thousand Six Hundred Twenty- Three and 24/100 Dollars ($135,623.24}: Total Completed and Stored $ 393,142.00 Amount Paid as of Cutoff Date x(257,518.76) Amount Due from City $ 135,523.24 To date, this amount remains unpaid, and due and owing under the bonded contract. CaraIanne Kucmerowski September 27, 2010 Page- 2 As you znay know, GCNA has received numerous claims against the Payment Band issued on this Project by vaz•ious subcontractors, zrzaterialmen and suppliers of H&D, each alleging non- payment for goods and/ar services provided on the Project. GCNA's investigation has revealed claims against the instant Payment Bond in excess of the amount of $228,000. Attached is a spreadsheet from GCNA's consultants, reflecting the claims received to date and their status. H&D's failure to pay, among other breaches, is an "event of default" under the IndernnityAgreement. As such, under GCNA's rights of equitable subrogation and the Indemnity Agreement (including, but nat lirzzited to the right of assignment}, GCNA requests that the City issue final payment directly to GCNA in the amount of $135,623.24. GCNA intends to utilize these amounts to mitigate its darrzages under the Payment Bond. Tlzis letter is written under a complete reservation of rights. Nothing herein shall he construed as a waiver, release, estoppel or modi#"ication ofany rights or defenses, at law or in equity, available to GCNA under contract, by statute or at common law. We look forward to hearing from you concerning the City's anticipated distribution of the available contract balazzces, S' erely, E ward Etclzeverry For the Firm Enclosure cc: Gregory O'Mahony Richard T. Sexton LSClients1157 - GCMA1101 ] - $ W Idlh Avenue f3upra4einenESkorrespondencelQbligee Q04.wpd 08!18/2010 65:24 9542177071 ETCHE~fERRY HARRISC~! PAGE 04/04 0 ., a ., av ,y~ 'b" rl 4 m O va -~ N O ~ ~ O b ~ ~ b a .~ ~` N.'J!. ~ r Z Z Z _. } Z ~ mm ~ ~~ Q ~ -_ A TLA~i TI C ~~ ~-; I 0 0 n N A V L N U E ~ F ~ l ~ ~~ ~ ~ ~ ~ ~ ` ' I I i ~ sr. f ~ ~ Z ~ ~~ ~ J1iIllIU ~-~~~ ~~~~ k, ~~i s.w. isT sr. -- __ --- r ~ - __ F M F cv ~ ~ E- - 4 - r r __ ~ - _. __ 3 ~ vi S.W. mm 2ND ST- - - - w ~ - ~ _ ---- 5- 2 ^ s s ~ v} ~° ui vi F- `n S ~! N -- c ~- ~ ~ ~ri _. S_4Y- 3RD .__V- ~ ~ ~ ~J_L I z - - ~r S.':!. 3RD - . -_ __._ 5-4'$ 3RD GT, _.__ z S.Yl. 4TH ST- (r m 5 Q 4TH ST. C ~ ~ CITY of ®ELRAY BEACH LOCA71©N MAP DAB:°9~27~2°'° ~ ~M/IROIVM~NTAL S~RVIC~5 DEPART~I~M' SW 1471-I AVE AND ALLEY IMPROVEMENTS °11~'~~'~"QC°~~'•!°~ 6©p 434 SOUThi SWiYTOtJ AVEt,~ DB.-RAY BEACS-~ RDFibA 33.W~4 2QQfi-A65 1 Qi i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 RESOLUTION N0.58-10 ITEM BEFORE COMMISSION This is a resolution assessing cost for abatement action required to remove nuisances on eight (8) properties throughout the City. BACKGROUND The resolution sets forth the actual cost incurred and provides the mechanisim to attach liens against the propeties in the event the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 58-10. RESOLUTION NO. 58-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within seven (7) days from the date of said notice (forty-two (42) days in the case of violation of Section 100.04 pertaining to seawa]1s) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within five (5) days from the date of delivery of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied sha]1, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach at the October 5, 2010 meeting has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein sha]1 become due and payable thirty (30) days after 2 Res. No. 58-10 the mailing date of the notice of said assessment(s), after which a lien sha]1 be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of .2010. MAYOR ATTEST: City Clerk This instrument was prepared by: Brian Shutt, City Attorney 200 N.W. 152 Avenue Delray Beach, Florida 33444 3 Res. No. 58-10 CERTIFICATION I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 58- 10, as the same was passed and adopted by the Delray Beach City Commission in regular session on the day of , 2010. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the of , 2010. Chevelle D. Nubin, CMC City Clerk City of Delray Beach, Florida (SEAL) 4 Res. No. 58-10 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 14960 WHATLEY ROAD COUNTRY CLUB ACRES 1ST ADD LOT 34 (LESS S 1/2) & S 37.5 FT OF LOT 35 Grayhawk Development Corp PCN 12 42 46 13 02 000 0341 9202 Olmstead Drive CASE NBR 10 00001461 Lake Worth, Florida33467 $ 94.75 Inv. No. 35770 $ 55.00 Admin Fee $ 149.75 122 SW 10TH AVENUE Kimelia Monteith ATLANTIC GARDENS DELRAY 122 SW 10th Avenue LOT 18 BLOCK 9 Delray Beach, Florida 33444 PCN 12 43 46 17 23 009 0180 CASE NBR 10 00001550 $ 118.80 Inv. No. 35779 $ 55.00 Admin Fee $ 173.80 5001 PINEVIEW CIRCLE EVERGREENE AS IN LOT 5 BLOCK 1 Ronnie Brenner PCN 12 42 46 24 10 001 0050 5001 Pineview Circle CASE NBR 10 00002218 Delray Beach, Florida 33445 $ 178.75 Inv. No. 35780 $ 55.00 Admin Fee $ 233.75 425 SW 7TH AVENUE SUB OF SEC 20-46-43, N 50 FT OF S 150 FT OF Lisa Rochester E 140 FT OF W 495 FT OF N 1/2 OF LOT 1 Phyllis Dunkley PCN 12 43 46 20 01 001 0230 1320 NW 159th Lane CASE NBR 10 00002413 Pembroke Pines, Florida 33028 $ 49.25 Inv. No. 35776 $ 55.00 Admin Fee $ 104.25 2533 ANGLER DRIVE DELRAY SHORES IN LOT 8 BLOCK 11 Jean Jourdan PCN 12 43 46 07 01 011 0080 2533 Angeler Drive CASE NBR 10 00002523 Delray Beach, Florida 33445 $ 59.25 Inv. No. 35772 $ 55.00 Admin Fee $ 114.25 15 SW 9TH STREET BELLVIEW COURT LOT 3 & E 5 FT OF LOT 4 PCN 12 43 46 20 15 000 0030 CASE NBR 10 00002590 $ 70.75 Inv. No. 35771 Gillot Laurent 4214 NW 1st Place Deerfield Beach, Florida 33442 $ 55.00 Admin Fee $ 125.75 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 58-10.x1s COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT 16 SW 4TH AVENUE TOWN OF DELRAY LOTS 4 & 24 BLOCK 32 PCN 12 43 46 16 01 032 0040 CASE NBR 10 00002697 Felix Bethel Eugene Bethel Valencia S. Spells Agatha E. Stubbs Christopher E. Stubbs Glenroy Stubbs Harry E. Stubbs Rochelle D. Williams Beverly S. Wilson P.O. Box 361 Carteret, NJ 070008 9.25 v. No. 35773 $ 55.00 Admin Fee $ 114.25 537 NW 51stAVENUE PINE TRAIL SEC 4 LOT 10 (LESS NLY 42.51 FT) BLOCK 9 PCN 12 42 46 12 12 009 0102 CASE NBR 10 00002803 Daphney A. Fleurant 537 NW 51St Avenue Delray Beach, Florida 33444 59.25 nv. No. 35775 $ 55.00 Admin Fee $ 114.25 VIOLATION IS: SECTION 100.01- LAND TO BE KEPT FREE OF DEBRIS, VEGETATION, AND MATTER CONSTITUTIONS HAZARDS; DECLARED NUISANCE RES NO. 58-10.x1s MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 RESOLUTION N0.59-10 ITEM BEFORE COMMISSION Approve Resolution No. 59-10 supporting the Let's Move campaign. BACKGROUND The First Lady is calling on mayors and elected officials across the country to join her Let's Move! campaign. Let's Move Cities and Towns engages mayors and other municipal leaders in the campaign to solve the problem of childhood obesity within a generation. Let's Move Cities and Towns emphasizes the unique ability of communities to solve the challenge locally, and the critical leadership mayors and elected officials can provide to bring communities together and spur action. Let's Move! for cities and towns is designed to encourage mayors and elected officials to adopt a long- term, sustainable, and holistic approach to fight childhood obesity. This initiative recognizes that every city is different, and every town will require a distinct approach to the issue. Once an elected official signs up as a prospective Let's Move City or a Let's Move Town, he or she will have the option of choosing at least one significant action to take over the following twelve months in each of the four pillar areas. 1. Help Parents Make Healthy Family Choices 2. Create Healthy Schools 3. Provide Access to Healthy and Affordable Food 4. Promote Physical Activity RECOMMENDATION Approve Resolution No. 59-10. RESOLUTION N0.59-10 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, SUPPORTING THE LET'S MOVE CAMPAIGN. WHEREAS, the City of Delray Peach supports policies that focus on health and wellness, continuing education, and healthier lifestyles in all communities; and WHEREAS, many cities, counties, and schools have adopted policies, programs, and ordinances that promote healthy lifestyles by making their communities wall<able, promoting youth and senior activities, eliminating the sale of junk food in city, county, or school facilities, providing incentives for stores that sell fresh produce to locate in depressed neighborhoods, and providing exercise opporhmities for their residents; and WHEREAS, city officials believe there are important, long term community benefits to be gained by encouraging healthy lifestyles, including a decrease in the rate of childhood obesity and its negative health related impacts, and WHEREAS, cities and other community partners can work together to understand the relationship between obesity, land use policies, redevelopment, and community plarn~in~ and WHEREAS, cities and other community partners can work together to ensure that there are safe places for their residents to be active such as in parks, ball fields, pools, gyms, and recreation centers, and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and plarn~ing for fresh food open space, sidewalks, and parks should be a priority; and WHEREAS, the Florida League of Mayors has partnered with the Healthy E ating Active Living (HEAL) Cities Campaign to provide training and technical assistance to help city officials adopt policies that improve their communities' physical activity and retail food environments; and WHEREAS, the Florida League of Mayors support the L et's Moz~l Campaign headed by the First Lady of the United States, the President's Task Force on Childhood Obesity and Secretary of Health and Human Services' in an effort to solve the challenge of childhood obesity within a generation NOW, THEREFORE, PE IT RESOLVED THAT THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, DOES HEREPY: Section 1. Support preventative measures to fight obesity as set forth by the First Lady of the United States of America in the L et's Mazy campaigry Section 2. Support efforts to (1) help parents make healthy family choices, (2) create healthy schools, (3) provide access to healthy and affordable foods, and (4) promote physical activity. Section 3. Direct the City Clerk to provide a copy of this resolution to the U.S. D~zt of Health and Health Services. PASSED AND ADOPTED this 5~ day of October, 2010. MAYO R ATTEST: City Clerk 2 RES. N0.59-10 MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 24, 2010 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING OF CONSTRUCTION/PROFESSIONAL SERVICES ITEM BEFORE COMMISSION This item is before the Commission to approve an interlocal agreement between the City and Community Redevelopment Authority (CRA) for funding of various construction projects and professional services. BACKGROUND On 16 September 2010, the CRA Board approved the attached interlocal agreement in which the CRA will provide professional services and construction funding for various projects contained within the City's 2011-2015 Capital Improvement Program (CIP). Exhibit A of the attached agreement includes projects that will be funded through this interlocal agreement. RECOMMENDATION Staff Recommends approval of interlocal agreement. INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR FUNDING CONSTRUCTION/PROFESSIONAL SERVICES THIS AGREEMENT is made this day of 2010, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as "CITY"), and the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic, duly created and operated pursuant to Chapter 163, Florida Statutes (hereinafter referred to as the "CRA") WITNESSETH: WHEREAS, the CITY will be performing various construction projects located in the CRA district and as shown on Exhibit "A"; and WHEREAS, the CRA is providing funding for the projects in the amount listed on Exhibit "A"; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall provide funding to the CITY in the amounts listed and for the projects listed on Exhibit "A". Such payment shall be made to the CITY upon the bid award to the contractor, or approval of a Service Authorization with a consultant. Funding for the projects listed on Exhibit "A" shall include actual construction costs as well as other costs directly related to procuring, awarding, and completing the project construction including, but not limited to, advertising, testing, inspection, and utility relocation costs. 3. The CITY shall provide a written request to the CRA for approval of any change order that will result in an increase in the funding to be provided by the CRA. The CITY shall submit the written request to the CRA prior to the execution of any work covered by the change order. Failure to obtain the CRA's approval of the funding for the change order, prior to the execution of the work, shall be a basis for the CRA to deny additional funding to the CITY for the project identified in the change order. The CITY and the CRA agree and acknowledge that the approval of a change order does not require an amendment to this Agreement. 4. The term of this Agreement shall commence upon execution by both parties, and this Agreement shall continue until either party delivers written notice to the other party of its intent to terminate this agreement, or 60 days after the City receives the final invoice from the contractor or professional for all of the projects listed on Exhibit "A". Notwithstanding the foregoing, once the City has executed a contract with a contractor or professional for a particular project, the CRA shall not be allowed to withdraw its funding for that particular project. If the CITY terminates this Agreement, the CITY shall refund to the CRA any funding that was provided to the CITY but was not paid to the contractor or professional. If the total funds the CITY requires to complete a particular project, as identified in Exhibit "A", is less than the amount paid by the CRA to the CITY for a particular project, the CITY shall refund to the CRA any and all funds provided to the CITY that exceed the amount the CITY paid to the contractor or professional for the particular project. 5. Once the CRA provides any funding for any of the projects identified in Exhibit "A", the CITY shall provide the CRA with monthly reports detailing the progress 2 of the specific projects, including, but not limited to, the contract amount, the amount of funds paid to the contractor, the status of the project, and the total of any change orders related to the project. 6. The CITY shall insure that all publicity, public relations, advertisements and signs recognize the CRA for the support of all activities conducted with the funds provided by the CRA. The use of the CRA logo is permissible, but all signs used to publicize CRA contracted activities must be approved by the CRA Executive Director or her designee prior to being posted. Upon request by the CRA, CITY shall provide proof of the use of the CRA logo as required by this paragraph for projects funded pursuant to this Agreement. 7. This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 8. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 9. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 10. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Florida. 3 11. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. Clerk. 12. This Agreement shall not be valid until signed by the Mayor and the City ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: inane c;o~onna, txecutlve ulrector (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH (name CITY OF DELRAY BEACH, FLORIDA By: Nelson McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Lewis, Chair The foregoing instrument was acknowledged before me this day of 2010, by , as of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public -State of Florida DNT:dnt H:\2006\060018 DBCRAWGMT 2010\ILA Construction-Professional Services (2010-2011).doc 4 EXHIBIT A Fiscal Year 2p10 2017 Projeefs> Cit Y Projecfi;Narne, Arr~nur~t of , Pro"ect # ;; CRA Fundin 2010-026 Atlantic Avenue Median -_ a $ 70,000.00 B 2009-041 Atlantic Avenue Gatewa Feature Public Art Pro'ect $ 550,000.00 C 2004-056 Cultural Loa /MLK, Jr. Drive -~ Ph1 $ 100,000.00 D 2009-006 Blocks 19 & 20 Alle Improvements $ 200,000.00 E 11-049 Block 32 Alle $ 130,000.00 F 2010-041 NW 12' Ave - AtlanticlMLK $ 200,D00.40 G 11-024 NE 3~ Streetsca e & Alle Im rovements $ 300,000.00 H 2010-098 SW 12 AvelAuburn Ave114t Ave $ 150,000.00 I 2004-006 SE & NE 15~ 5t -One-Wa Pair (Conversion) $ 50,000.04 J 2010-039 5W 2" Street Beautification $ 380,000.00 K 2410-027 Bus Shelters $ 150,000.00 L 2006-061 Worthing Park (Downtown Parks} $ 100,000.00 M 2049-009 Federal Hwy Beautification (SEINE 5 & 6' Avenues - Desi n $ 10D,000.04 N 2010-127 W Atlantic Ave Drivewa (Sidewalk Modifications $ 10,000.04 O 11-017 Fire Head uarters Public Plaza $ 35,000.00 P NE 2" Ave /Seacrest Beautification (Del-!da Park) $ 80,000.00 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 AMENDMENT TO THE LICENSED USER AGREEMENT/TICKETMASTER, LLC ITEM BEFORE COMMISSION City Commission is requested to approve an amended licensed user agreement with Ticketmaster L.L.C. for the resale of tickets for events at the Tennis Stadium. BACKGROUND Attached is a proposed amendment to our agreement with Ticketmaster for the resale of tickets for events at the Tennis Stadium. This amendment was negotiated for the City by Match Point staff and although it does not generate revenue for the City, it will provide Match Point and other promoters the ability to resell tickets that may not be used by an original purchaser through Ticketmaster. Match Point is purchasing hardware necessary to scan the program and Ticketmaster is responsible for maintenance. Highlights of the changes are as follows: • Seller fees, posting fees and exchange processing fees are established for ticket exchange . Royalties in the amount of 25% are established which will go to Match Point and Ticketmaster RECOMMENDATION Staff recommends approval of the proposed amended licensed user agreement with Ticketmaster L.L.C. ~~~ ~ ~~ AMENDMENT TO LICENSED USER AGREEMENT THIS AMENDMENT TO LICENSED USER AGREEMENT ("Amendment") is dated as of May , 2010 and is effective as of ("Effective Date"), by and between Ticketmaster L.L.C., a Virginia limited liability company ("Ticketmaster='), and'the City of Delray Beach, a Florida municipal corporation {"Principal"), with reference to the following facts: A. Ticketmaster and Principa! entered into that certain Licensed User Agreement dated as of November 15, 1999, as amended by that certain Amendment to Licensed User Agreement dated as of April 2, 2004, that certain Amendment to Licensed User Agreement dated as of April 1, 2005, that certain Amendment to Licensed User Agreement dated as of October 16, 2006 and that certain Amendment to Licensed User Agreement dated as of September 23, 2009 (collectively, as amended, "Licensed User Agreement") whereby Principal authorized Ticketmaster to act as Principal's exclusive agent for the sale of all remote (e.g. on the Internet, at outlets and by telephone) Tickets to attend each of the Attractions upon the terms and conditions set forth in the Licensed User Agreement. B. Principal desires to amend the Licensed User Agreement to provide that Principal shall utilize Ticketmaster's TicketExchange product, as set forth herein. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein, the parties hereby agree, effective as of the Effective Date, as follows; 1. Defined Terms). All capitalized terms used and not otherwise defined herein shall have the meanings ascribed to them in the Licensed User Agreement. (a) Software: Section 1(h) of the Licensed User Agreement is hereby deleted and replaced with the following: "{h) Software: Ticketmaster's ticketing system software Known and marketed as Ticketmaster Classic, TicketExchange, and any new versions thereof or any other deliverables for TM System access provided to Principal by Ticketmaster during the Term." {b) New Definitions; The following definitions are hereby added to the end of Section 1 of the Licensed User Agreement: "(r) TicketExchange; The Ticketmaster TicketExchange software which allows Ticket purchasers to post Tickets purchased from Ticketmaster off of Ticketmaster Classic for sale to third parties on the TM.com Website, City of Relray Amend 05182010 (s) TicketExchange Buyer Fee: The amount Ticketmaster charges Ticket buyers to purchase Tickets via TicketExchange. (t) TicketExchange Posting Fee: The amount Ticketmaster charges sel[ers to post Tickets for sale on TicketExchange when such Tickets are sold. (u) TicketExchange Posting Price: The price of a Ticket listed for sale on TicketExchange which shall be equal to at least the Face Value of the Ticket when originally purchased and na more than the amount permitted by applicable law. (v) TicketExchange Processing Fee: The amount Ticketmaster charges buyers for the processing of Tickets purchased via TicketExchange. (w) TicketExchange Seller Fee: The amount Ticketmaster charges Ticket sellers to sell Tickets via TicketExchange. (x) TicketExchange_. Seller Proce_e_ds: The proceeds paid to a seller after the sale of Tickets via TicketExchange which amount shall be equal to the TicketExchange Posting Price of the Tickets sold less the TicketExchange Seller Fees, the TicketExchange Posting Fee and any applicable taxes assessed against the seller if deducted from the TicketExchange Posting Price." 2. Compensation. (a) TicketExchange: Effective as of the Effective Date of this Amendment, the following shall be added to Section 3 of the Licensed User Agreement as subsection (f): "(f) TicketExchange: Ticketmaster shall enable TicketExchange for mutually agreed upon Attractions in accordance with Ticketmaster's standard timing parameters for TicketExchange transactions, and Ticketmaster shall provide sellers with the TicketExchange Seller Proceeds in accordance with Ticketmaster's terms and conditions provided on the TM.com Website. If applicable law requires Principal's consent for sellers to sell Tickets in excess of the original purchase price, then Principal consents to such sales in excess of the original purchase price of the Ticket and as designated by the seller, regardless of whether such amount is greater than limits that would be applicable without such consent. Principal may terminate such consent upon five (5) days prior notice to Ticketmaster, provided that such termination will not be applicable to Tickets posted for sale before such termination becomes effective. (i) TicketExchange Fees. Ticketmaster shall be entitled to assess and receive TicketExchange fees against buyers and sellers of Tickets via TicketExchange. The amounts of the TicketExchange fees shall initially be set forth below. 2 City of pelray Amend 05182010 Tvpe of TicketExchange Fee Amount of TicketExchange Fee TicketExchange Seller Fee 10% of TicketExchange Posting Price er Ticket TicketExchan e Pos#in Fee $3.00 er order TicketExchange Buyer Fee 15% of TicketExchange Posting Price er Tickets TicketExchan a Processin Fee $5.00 er Ticket For mutually agreed Attractions, the TicketExchange Buyer Fee will be increased by 10% of the TicketExchange Posting Price increasing the total TicketExchange Buyer Fee to 25% of the TicketExchange Posting Price par Ticket. This 10% increase shall be defined as the "Promoter/Artist Bump." The TicketExchange Posting F'ee and the TicketExchange Processing Fee shall be automatically increased on the first day of each Contract Year by five percent (5%} of the TicketExchange Posting Fee and TicketExchange Processing Fee in effect during the prior Contract Year. (ii) Credit Card Company Fees for TicketExchange Transactions. The credit card company charges for Ticketmaster TicketExchange transactions shall initially be an amount equal to 3.5% of the TicketExchange Pasting Price, TicketExchange Buyer Fee, TicketExchange Processing Fee and applicable taxes, which credit card company charge shall be deducted from the TicketExchange fees. The credit card company rate set forth above is subject to automatic increase due to increases in interbank rates imposed on Ticketmaster. (iii) TicketExchange Fee Royalties. Principal shall be entitled to receive TicketExchange Fee royalties ("TicketExchange Royalties") from Ticketmaster with respect to each TicketExchange Seller Fee, TicketExchange Posting Fee and TicketExchange Buyer Fee received (and not refunded) by Ticketmaster. The amounts of the TicketExchange Royalties are as set forth below. T e of TicketExchan a Ro alt Amount of TicketExchan a Ro a! TicketExchan a Seller Fee 25% of the TicketExchan e Seller Fee TicketExchan e Postin Fee 25% of the TicketExchan a Postin Fee TicketExchan a Bu er Fee 25% of the TicketExchan a Bu er Fee Notwithstanding the above, credit card fees related to the TicketExchange transactions and the PromoterlArtist Bump shall be deducted from the TicketExchange Fees before the TicketExchange Royalties are calculated. The TicketExchange Royalties to which Principal is entitled and the PromoterlArtist Bump (net of credit card fees) shall be paid monthly for the Attractions that occurred during the prior month. The PromoterlArtist Bump shall be paid by Principal to the applicable promoterlartist." 3 City of Delray Amend C151820i0 3. Conflicting Terms. In the event a conflict arises between this Amendment and the terms and conditions of the Licensed User Agreement, the terms and conditions of this Amendment shall control. Except as specifically set forth herein to the contrary, all of the terms and conditions of the Licensed User Agreement are in full force and effect, shall continue in full force and effect throughout the term and are hereby ratified and confirmed by the parties. IN WITNESS WHEREOF, the parties have executed this Amendment as of the date set forth below. TiCKETMASTER L.L.C., a Virginia limited liability company CITY OF DELRAY BEACH, a Florida municipal corporation By: Title: Date: By: Title: Date: 4 City of ©elray Amend 45182410 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ANNUAL PROGRESS REPORT/ FLOODPLAIN MANAGEMENT AND MITIGATION PLAN ITEM BEFORE COMMISSION Staff is requesting City Commission approval of the City of Delray Beach Annual Progress Report on the Floodplain Management and Mitigation Plan for submittal to the Insurance Services Offices. BACKGROUND The National Flood Insurance Program (NFIl') was created to provide affordable flood insurance. The NFIl' makes federally-backed flood insurance available in communities that provide and enforce a floodplain management plan and ordinance to reduce future flood damage. Under the National Flood Insurance Program's Community Rating System (NFIP/CRS), each community is required to submit an annual progress report for their floodplain management and mitigation plan as a part of the annual recertification process. The report is designed to share the progress the City of Delray Beach has made under its approved 5- year plan. It includes our public participation, outreach efforts and our mitigation strategies to help prevent future flooding. It also references our participation with Palm Beach County. RECOMMENDATION Staff recommends City Commission approval of the Annual Progress Report on our Floodplain Management and Mitigation Plan. ® i ~ I ~ ~ ~~ ~I.. ,, ,; ,. s. ~r~V''~,~"V~.~i'1~_S, I~.~~"~.ai'r ail ~~ mm ~.~_AI~IV~,~'~~A~g~C'~,-~ ~A.i~_~~l~Dp ~~. ~..~~~~ ~~~~~~,.~~ tCI~R.~~11~I~ fibs City of T)elray Beach was incorporated on l~'Iay 1.1, 1927 and. covers 16.0-square miles, with a population. of 64,1 COs It is in the southeast carver of balm Beach County abutting the Atlantic Crcean with. 5-7 miles of free, accessible beach-front, visited every year by tens of thousands of people from all over the world, especially from October through IV1ay. C-ur City is commonly referred to as the "~J'illagc by the Seas' not. only because of our miles of open beach front, but also for its active and vaell-known downtown area, which has been recognized. fir having some of the hest: art galleries, restaurants with open-air seating "Cn-the- AvenueT', ice cream parlors and fashionable retail stores. f~,1~(~IIFL.t~II"~ AAA P"~" I'-'IATI~I~ ~"pIII~ ~r~~~er In general., the fPN1P' brines all. the programs and. initiatives for floodplain, eme~•gency and hazard ~~anagement together into one document as a Master flan. fibs overall goal of the program., under the direction oftlre Chief Building official, is to continue to develop afive-,year action. plan to guide the community in a concise, coordinated effort to raise the consciousness of all hazards, including flood-risk, and to reduce potential daxnag~s to life and property. a~-~i~a ~'raa~arcatp l~ctr°ica~c~tio The working staff committee continues to engage the community through a variety of public and special resident meetings throughout the year, such as I~Iomeowner Association 1"vleetngs ~Ht~A's), appointed Advisory Board meetings and other scheduled meetings designed to involve resident stakeholders in the decisioxx-rnal~ing process.. At these meetings, staff presents and makes available, handouts from the 1~TfII'/CRS, as it relates to potential flooding and responds to questions about the Flood Insurance Program and other issues centered on this prog~°am. Since many residents are computer-friendly, these meetings give us the opportunity to advertise the federal Emergency Management Agency~s website at www.~oods~-na~°t. ov and our own site at. www.mydelraybeacl7.com for addrtonal local referral information. In addition, we can now share a new webste initiated by Pahr~ Beach County residents that is a "one-stop" site for all information concerning emergency preparedness. The website is wwwv.Read Southp°lori~a.or . 'I'lre Chief Building Crfflcial submits an article on floodplain n~aa~agernent each year between f~b~-uary and March, for publication in the City's `yes fmr 1~leighlao~:Iaoods" newsletter, which is mailed monthly to residents with the water bills. This info~-~nation is made available to over X0,000 residents utilizing this resource. In addition, there is an annual mailing to real estate agents, lerlidc~•s and insurance agents, completed, each year in tlae fall, reminding those in the business tlxat there are resources available to them in the City and of their obligation to disclose flood hazard infarn~ation to their clients. Ctf particular importance is access to tl~e Flood Maps and Elevation Certificate information which is available in the Building Inspection Division of the Com~raunity Improvement. Department. 2 "lhe I~1aad~lain. Maruae~nent ar~d 'Iiti~atian Ilan era l~asccl an the fallar~~rin rir~~iplas. Identify ar-~d provide salutians far• all natu~°al hazards which can affect the City of Delray Ileacl~ such as flaad, wind and ecalagiea!. In clealin,g with. tlaad haza~•d, warlc witl~n the Civil. e~~~ineering divisian in au~• City to effectively address the issues caused b Ilaadin,g. Provide literature a~~rd infoz•mafianal p~unphlets to the citizens of L)elray ~eacl~ cance7~7ing natural hazards, to iruclude flaading, and IT~llowpup with ~~eetings fa interpret the literature and respond. to uestians abaut natural l~aazards and else to clucstians generated by the handouts provided, Review and.. pravide all n~itigafian strategies that are i~a flee Capital Impraen~tent P'7•ajec:ts (CIP) cycle foz• all. ne~v Repetitive Lass prapeT~%es. 517ae public and palfical suppar~t far relevant changes to flee Land, T~evelament l~.cgulatians and ley departments participating in tl~e bite Plan apprava- pracess such.. as the engineering Division anal the Plan~~ing and Zoning Ilepaltment, concei-t~ing projects that prevent new problems, reduce lasses and prefect our natural habitats. Tl~augl~ the City of I?elray I3cach I~as flnany natural hazards which affect it yearlyg our mast destructive farce are hurricanes. 'The `'seasan~' starts 9unle 1 ~` and. runs tl~raugh Z`~lavernber 311`x`' s a r~e~nber ofI~IP/CRS users group this paper is w~°itten to address the flood hazards, which affect our City and the initigatian strategies that ga rota effect when. flaads occur. It also determines l~aza~-ds identiped by the Mate a#. Florida and. Palm Beach. County as those hazards most lil~ely ta~ impact our cas~~m~unity.. The City of I~eli:ay i~ea.cl7 has. implemented a Plaadplain tJrdinaa.~ce, which allows the citizens of Delray I~eacl~ to participate in tl~e rational Flaad. Insu~°ance l'ragx•a~~~ (~1FIP~. Residents throughout the City, especially these wl~o live in flood-prone areas, are able to purchase Ilaod insurance tl~raugh tl~e Feder°al Caveriu~7ent ar private companies authorized b~F the Flood Insurance A.dministratian (FIf~). City residents and businesses have made claims against the~° insu~°ance coxx~panies tluougl~out the years,. Tl~e City Camnaission and the City I~rlanages- recognize that the financial burden. to both public and private prapea~ty are sagni~cant and view n~itigatio77 measures as a solution to ease pa°ape~•ty damages and Irardsl~ip to everyone. Besides most of the 37®municipalities in Pah~~ I3eizclz C`aunfy laving a floadplan ordinance, which gove~7~s their city a~~d addresses each municipality"s fecal natural hazards, Palm Beach County alas adalsted its fn°st "I_Jnified Racal., I`wlitgatian strategy'" in 1~~9. Participating %~~ its adoption ,vas the R1'~I~ steering Committee with rep~'esentativcs fi°am each n~runicipality, ~[`he LPr4S was created to do;r~clap a cari~prel~ensive ilazar~l n~itigatian plan.. lts purpose is to execute an on-going, unified strategy fa~° redt7cing each caa~n-rtlnty's rrulnerability in identifying natural, tec8~nalagical and biological hazards.. fur r°epresentatian ft•am the City of IJ^eli-ay Beach was F"aul. L)orling, L~irectar~ of Planning ,honing. In 2004, tie plan was strl~star~ti.ally upg~°aded ar7d refined to in~.prave opcratiorral effectivenc;ss and to car-nply with new Federal guidelines established in response to the "Disaster 1Vltigatian Act of 2000..." This countywide CMS plan in 1-'al~a~ Beach bounty is t°~e o~~y one in the nation, which has been farmalfly ce>°tified. by F'hlw,~tA. The pity of Delray Beach fan~~ally adapted. the Palnv beacfl7 CcrtIlnty Ll~1S an July 6, 201 ~, based. on the following FL';1v1A requirements: Section 201.C(~"~(5~ "L'lhe lracal 17azard mitigation plan. shall include documents that the plan leas bee~7 farfllaally adapted by fire goraerning body of the jurisdiction requesting approvafl oft:he plan (i.e. City council, City ~"ommission, "1~•l~al council). section 201.6(~)(5~: For multi jurisdictional plans, each jurisdiction requesting approval of the plan must document that. it has faeen formally adapted- Attached is the :luly C, 2010, ~'ity of Delray Beach l~egulaa- commission Agcnda minutes, adapting Palm Beach bounty's LIvIS.} ~ Section 201.~(A}(31 talti j>r~risdictr~nal pla:r~s (i.e. watershed plans nay lie accepted as appropriate as lent; as each jurisdiction has participated in the process. Besides serving as a guide to recommending solutions to natural hazards, this document has also been prepared. to clualif}r as a ":Plead >t'lan 1lanagement P"Ian" under tl-ze Cc~rn~xrunity Rating. System {~RS~ of the 1w19atianal 1° loud lnsuran.ce Program ~1'~1~ 1P) 1:he attached is the F11~ fi~lap f`or Delray Beach dated 19119, wits panel ##1251(12 -- 0001-1~ through #1.25102 - 0006-I~. The p><-aperties o:f the anginal repetitive lass list are numbered. lvlost of tfl~e properties are in #1.25102 -C)004I~, on the area ltnown as the "barrier Island'', between the intracaastal and tlYe ~h.tlantic +~cean, ts-f the original 15-properties, eight (8) were oar the barliez° island. A cluster of five ~5) of the eight () a~°e in tl~e northeast portion,. as numbered on the znap: ~: 1104 1*lassau Street:. ~lnsurance claim dates 4125179 , 4124/~2~, I'~(ewspaper articles proved that both. insurance clairxis were sl~arn to be lr~ealc storu7~s passing through.. Since t1~en, t1~e pity Bngincering Dept insta]'~l a pump station. that. services I"~iassau St. and surraunclir~g streets, and. also installed inlets on 1~Tassaa~ St, i#7: 11.01. Thormas St>°e~t: ~lnsurance claim. dates same as l~assau Street). ~hll Swale areas and. ~aew drainage culverts were installed when the major warp,. rues complete on A-1-.~. (c~ccal~ blvd) firom George Bush Blvd south to l~iz~ton I~ivd. S: 1.111 "vista L7el 1V1ar°: {lrasurance clams sarrre tine as other° p~°operties). A~;air~n, newspaper ar-ticl~s rav~r~ that freak. stc~r°rns cane tl~r~u~l~ t1-re area cle~r~sitn~ an extremely rare ar~rount of rain,. This property vaas demolished in 2014. Tl~e r~ew strrrctur•e net the Base l~ lood Bievatcan reclurer~~rent for° the area. ;~9: ,137 Scabree~e Ave:. Alain, 1"real~ storms brit tl~e area„ as outlined in previous l~roper-ties. lmprovemer~rts to ~,-1- ~t7cearr Blvd), has 17elped the entire area. ~ ~: 126 Seabreere Ave. Tl~ris is a ne~v repetitive loss pr•~aperty, wllcl~r was deterrnir~ed to be a historical z°c~l~erty. Tt vas I~ullit ire l 937 and. the Irr~erty r~~~ner- leas indicated that lie is in the process of having his property o1'lcially listed as historic. These 1LVe (5) properties are the nearest to arr ar~orxraly that could. be considered a cluster of repetitive ic,ss prol~erdies. Bxcept for 1126 Seabreeze eve, which came in on the 2009 disc, all have beerx ren7oved ~robn the repetitive lass property list. The rnlaroverrrents to Thanras Str°eet and Bay Street, plus tyre recently core-rplete~i r~•r~jcar dr°ainae irx~rlarc~rven~ents nn A-1-~. (Clcean Blvd, all contributed to tl~e rernediation old these properties. Tl~e other rnti~ated properties are in other sections of the city. C}ne property,. 2155 T~1'~v' 12tr' St, is still a repetitive lass property with 1994 and 1995 dates aI~ ir~sur°ance claims. From 2000 tl~r•ou~;iz 2007,, teas City wor•k.ed with CJabe Crarnlrr•ill, 151/CI'~S Specialist, to rnitiate as many as possible of tees 15 properties wlrcla car~re up on our• biyearly review for repetitive loss properties. 'With leis assistance and the help off our Civil Er~incer°irag Llel~ar~tment~ e dial this throu~,l~ storm water initiation pro•bects in our most vulnerable lloodn~ area's in tl7e City, ar~d e were able to prove that freal~ storms, with extremely heavy downpours, caused the insurance clan°rs. "I"he correct. paperor°k to prove this vas submitted a~~d tl~e 1~roper~kies were n~iti~ated. The culn~ir°ration of all da.e hard rvorlc carne in August 2.007 wititi the mit,atior~ and. removal ol` 14 of the 15 repetitive loss properties. Cur most recent update released in August 20[19, showed. an addition of one.. (1~ new repetitive loss property {126 ealareeze Averxue}, one 11) existing and reoccurring repetitive lass property (2.155 12~~" Street). ai-rd one (1} property at 4•(1.2 ',~, CMCear~ Blvd that was rniti~ated in 2110'7. It came back. as 400 S. ~7c~ean Blvd. with the sczra~~ ~ar~~er°1;~ cer~~ta°~l .~2da~aber~. Vw?hera tl~e new construction. wa.s complete, it was liven the 4010 ~. C~!cear~ Blvd. address. Besides being; nriti~;ated oirce betore, tl~e property has always been in blood lone ``" anal as such, sl~oul.d riot have been included as a repetitive loss structure. Under our- -5111 Repetitive Loss Update 'orkslaeet, rue responded separately tea our raew Repetitive Loss Property. Also included is 2.1.55 ~' 12'r' Street that came up main arrd 400 S, C~cear~ Blvd, which was mitigated i.n our previous `review. Vv'e leave explained. our r•casor7 1'or• r•enroval without usir-ip any of tyre mitigation codes, and also included. a inap of ail. mitigated anci non mitigated properties. The rz~ap identifies the locations arld we will. t:ry to deter-rnne if there is a patterar, flee City"s plan is intended to identify f~aading areas and. wank to resalve the prable~~~s gtiic~ly, to eli~x7iaxate file financia:0 impact and hardship to our citizens and tl~e City. "~tI~ budget canstraints here in tl~e City, as witi~ all. can~mnunities, we Dave had. to reevaluate our priarities to insure drat our citizen's prape~~ty is ~. tap cavern as e aric to find g~•an7t p~°a~~•arns and 11e1p fra~~ Mate and i~'ederal agencies to assist with xa~itigatian effarts. P~J~Y~~ ~~~~~ since tiC14 wvl~en file a~°ig%nal planning can~n~ittee was arganized, we have cantia7ued to n~alc atir plan. available to our residents d~ral~gh pa~icipatian in crur "Han~caners Assaciatian" meetirggs arganizcd y tl~e City's i~iei~hlaarhaad Services staff. "e participate its these meetings that tale place anthly in nei~lnbarl~aad clubhouses and meeting. reams, sa we can. reach as many residents as. passable dtiring tlse year to beep cve~•yane aware of flood hazards and the can7n7unity services available to tl~ern. In June "~01(l, tl~e City Public li~f~rn-~ation C~!f~icer notified the n7edia that June was praclairned "L~uilding Safety Manfh" by the City Ca~nl-nission. Copies of the accan~panying report were a~nade available to tl~e p~al~lc in our front lobby. In die envelal~e that contained thee. City's 'G~'`ater and Sewer >~ltility Dill, each resident received an ~'EIVi~ brachul:e regarding tlxe potential far flooding. e else have an an-line City website, w~vwv.n~ydelraybeach.car77, that. has our City's newsletter called ``I~iews for 1`~cigl~ba~•haad.s,,=' z°ernindin,g resid~nt~ t:.~at flooding can happen any time, net just during hurricane season. '~~Pa~,~c-r~„ 'f'he City's Flaadplan ivlanagement Plan I~as significant canzpanents designed to mitigate flood conditions and increase public awareness, i-~cluding L~levation Certificates, on-going Public P.ducation and Con~n~a;tnity Involvement,, long-:range planning fdr the future and strong cirrergency l~anage~nent pracedtires, which includes preparing far emergencies, in advance, and. edticati~~g tl~e community an evacuation ratites. This is an an-going. program that is vital to minimizing ftiture lasses in the event of~a mayor flood. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: September 30, 2010 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 SERVICE AUTHORIZATION/HOME INSPECTION PROFESSIONAL SERVICES VENDOR: NEIGHBORHOOD STABILIZATION PROGRAM (NSPI ITEM BEFORE COMMISSION City Commission approval of a Service Authorization to increase funds in the amount of $15,000.00 to Gil Valdes, Inc., as required, to continue to carry-out activities under the Neighborhood Stabilization Program (NSP) solicited under RFP ll-2010NS, contingent on the same being approved by the Florida Department of Community Affairs. BACKGROUND On May 3, 2010, the City publicized a Request for Proposal (RFP ll-2010NS) to obtain qualified firms and/or individuals to execute home inspection services, including inspection, work write-up and monitoring of rehabilitation projects for NSP properties. Responses were received on May 24, 2010, from three (3) companies, one (1) of which was selected to provide services in accordance with City purchasing policies and the specifications of the RFP. The total initial cost of services was estimated at a cost not to exceed $12,250 for housing units acquired and rehabilitated. City Commission approved the RFP on June 15, 2010. However, due to low purchase price of homes, which increased purchase potential, staff has a need for additional monitoring and inspection services. FUNDING SOURCE 118-1935-554-49.14 $ 8,395.00 118-1934-554-49.14 $ 6,605.00 RECOMMENDATION Staff is recommending City Commission approval of a Service Authorization to increase funds to Gil Valdes Inc., to continue activities under the City's RFP ll-2010NS. CONSULTING SERVICE AUTHORIZATION DATE: October 5, 2010 SERVICE AUTHORIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO.: RFP 11-2010 NS CITY EXPENSE CODE: 118-1935-554-49.14, $8,395.00 118-1934-554-49.14, $6,605.00 TITLE: Home Inspection Professional Services This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the contract between Gil Valdes, Inc. and the City of Delray Beach dated June 22, 2010. PROJECT DESCRIPTION: Inspection services for houses acquired and rehabilitated by the City as part of the Neighborhood Stabilization Program. II. SCOPE OF SERVICES: • Inspect residential structures to determine rehabilitative work required to correct property rehabilitation standards or construction code deficiencies; • Prepare plans and specifications for rehabilitative or remodeling work on residential and cost estimates of rehabilitation or remodeling work required for competitive bidding; • Inspect construction and rehabilitation projects for compliance with workmanship standards, specifications, codes, property rehabilitation standards, contract conditions, and progress payment disbursements; • Evaluate change orders for cost to insure most effective use of funds; • Assist contractors, owners and staff with the interpretation of specifications, standards, codes, and contract conditions; • Prepare work change orders when any change is required in the job specifications and ensures that contractors comply with the change orders; • Review contractors pay requests; • Author and present written and oral reports; • Review plans and specifications with property owners, contractors, and building inspectors; • Give technical assistance to owners and occupants on all phases of construction. Home Inspection Professional Services Page 2 III. BUDGET: The initial cost was estimated not to exceed $12,500.00 for up to three (3) inspections of up to eight (8) houses; however, due to low purchase price of homes which has increased the City's purchasing potential, additional monitoring and inspection services are required for seven (7) more houses for a total inventory of fifteen (15) houses to be inspected six (6) to nine (9) times. The new total amount for Consultant's services is estimated not to exceed $15,000.00 IV. COMPLETION DATE: June 15, 2011 This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City, in its sole discretion, is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The Consultant will commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: WITNESSES: Print Name: Print Name: GIL VALDES, INC. By: Print Name: Title: Date: (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 2010, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a behalf of the corporation take an oath. (state or place of incorporation) corporation, on He/She is personally known to me or has produced (type of identification) as identification and did (did not) Signature of Notary Public -State of Florida 2 Home Inspection Professional Services Page 3 ATTEST: City Clerk Approved as to Legal Sufficiency and Form: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 D.U.I. GRANT AWARD/ FLORIDA DEPARTMENT OF TRANSPORTATION ITEM BEFORE COMMISSION The Police Department requests acceptance of a grant award from the Florida Department of Transportation (FDOT) in the amount of $33,523 to continue the implementation of a D.U.I. Enforcement program which began with our FDOT-DUI 2009 award. BACKGROUND The City Commission approved the original FDOT-DUI grant award on 10/20/09 for Year (1) of the project and approved submission of the continuation application on 4/6/10. The grant operates for three years, and requires sites to fund increasing proportions of the project each year. The FDOT-DUI 2010 award funds the allowable portion of the DUI officer's salary and overtime for court cases and related DUI activities. These resources will afford the Department greater flexibility in the area of DUI enforcement and public awareness efforts. The DBPD believes that this funding will continue to help provide the citizens of Delray Beach with safer roads. FUNDING SOURCE Funding for the Department match is available in account number: 001-2115-521.12.10. RECOMMENDATION The DBPD recommends acceptance of the FDOT-DUI grant award. -~, ,, . . ;~ . ~ ~ '' t:'`' ,, ~ ~<. , ~'~a~icx L~~r~n.~~ ~ f `~~cx~.p~~r~.c~~ c~i,~,RLtL cR~~`I' 6Q~ Survann~e Street Tallahassee, F! :a23~9-040 ST~~EI~;~EE C. Eif)Fi;PC~C1'.i6)ti' src~r<°r.~r~~° Chief Anthar~y W. Strianese l7epray Beach Rolice tepartment 300 West Atlantic Avenue Depray Beach , i=l. 33444 September 7,.2010 RE: Fiscal year 2011 Hpgt~~vay Safety Funds [dear Chief Strianese: Your agency has been selected to receive highway safety funds 'rn the amount of $33,523. In order to receive th"rs funding, you must complete the enclosed Subgrant Application far Highway Safety Funds. Send one comppeted copy of the application and three additional signature pages with original signatures to the Florida Department of Transportation (FOOT) Safety Office for processing. instructions for completing the application form are also enclosed, along with copies of sample Project Detail Budget pages and the Quarterly Progress Report. of Performance Indicators page. Please use the fol'powing information whin completing the highway safety Subgrant application: Project Title: Delray Beach Police Department DUI lr7farcement Program Project Dumber: KS-11~06~1.3 Please return the completed application to the DOT Safety Office as soon as possible. You will be notified as soon as your agency's Subgrar~t is awarded. While we strive to award as rr~any subgrants as possibpe on October 1, the award could be delayed if your application is not submitted in a tpmely manner, if your application has to be returned for corrections, or if federal highway safety funds have not been released for award We look forward to working with you on this project. If you have any questions, please capl Pete Cohen at Q850}245-1560. ~f ~,.~ RfaS/njl Attachments cc Maria C. Marino-Bolan Sincerely, --.~°.~ ...~~,._,,.~ _ ,_ _ ~ r , ,/` Randall ta. Sr ith Traffic Safety Administrator ttu?~• ld-~t~ u3~, F ,~...~ $7ATE OF ~'L~rf2#[1A #~E~.PAF?T~xfLPdT GtF' YF~AhdS~{.7~TATI~~Y t..; Q1 Std T ~FFL~A I~~~?N HH~U'AY CAF ~ ~~/~ ~. V. f St ~~ Q{2l rf' _ ~. ~____°_ I~r~to# 13~!till;Ji:['« t'~4R~t~~~- ~~ ~.(7dll,rc'~fit Number: Pe~ierl Funs A1lo~s'~1~« Di.a A,~p~raved: -- -- Sutagr;~.nt i*eriad; I~~txe F~'c.'Jg£d, - - - -- __ Fat'I. I: t~'-:~~~f~'~1~ A~11~~lh~lt~`~ T~iJ~. S~ ii~i~ ~T){J (See Instructions for Highway Safety SubgrantA~pications) 1. Project Titter Deir I;r;ac1~ Police Department - DtJI Enforcement Pro rata 2. Type of Application: ~ Initial ~ Continuation 3, Requested Subgrant Period: 1011/2010 to 9130/2011 - - -- _ _ _ F_-~-~~... 4, Support Matching Total Sought: $33,523.00 Sharer. _~43,a70~00 ._____~. ~:... Budget: $76,593.00 . ,.__.u_._. ~~.,, ..__,..,,._ .,__._ _,m..._._..__,,..___...~_~_..____.__._._.~. . _ w.w_.~.__.________ 5. Applicant Agency (Subgrantee): 6, Implementing Agency:. City of betray Beach City of Delray Beach Police Department 100 N 1~~ Avenue 300 . Atlantic Avenue Delray Beach, FL 33444 Delray Beach, FL 33444 Attu; iv1r. David Harden, City Manager Attn: Anthony Strianese, Chief of Police Telephone. (561) 243 ~ 7510 Telephone: _(5fi1 ) 243 _...7851 7 Fecfer~i ID Number: 8 State FLA1F# Numbr(State Agencies) ~''t~' 9. Chiet Fknancial C7fficer: 10. Project Director: City of De@ray Beach Gity of Delray Beach Police Department 100 N1~V 1~~ Avenue 300 W. Atlantic Avenue Delray Beach, FL 33444-2612 Defray Beach, FL 33'444-2612 Joseph Safford Marna C. Marino,Bollan I I~ Telephone Number: (561 1 243 - 7117 I - Telephone Number: (561) 243 - 7848 Fax Number; (561 ) 243 - 7166 _`_ --- Fax Number: (561 ) 243 - 781~i E-Mali Address:. Saffordmydeiraybeach,com __ E-Mail Address: merino. m Beira beach.com Subgrant r`unds provided by the t~.S. Departrrtent of Transportationv National Highway 1"raffic Safety Administration, Gatal~ig c# Federa4 >3c~rnes#Io Asttartce Number -~ 20,60~i, State and Gramrriunity Highway Safety Program, through the Florida Department of Transportation. The Dun and Bradstreet Da#a niversat Nurr°ttaerir~g Sys#em {DUNS) Number for the Florida Department of Transportation is 8th-939-71 Q. Compliance requirements applicable to the federal I resources awarded pursuant to this agreement are: Activities Allowed or linaliowed, Matching, Level of Effort, j Earmarl~ing and F2eporting. _ m~ Ra!c 1:-98 Gjie, F ~1 C. ~G~i 4 1~. 1-'f1.4,d~E~~ P-6..H;~ HIV La ~7~P(-V["l A ItV\.7 i.J~ 1 M ACC?-C~~-i75 5~1=ET Y' Ce7i~ State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings:. 1. Statement of the Problem 2. Proposed Solution 3_ Objectfvss 4. Evaluation 5. Milestones (Use form provided) art e ow an use a itiona a es _ p 9_ as necessa~_,,.m..., ~ ~ ____..n ~.....u The Cit of Dsfra Brach is boated a .. . ~.~ Ian the Atlantic Coast and is one of the southern most cities in Palm Bea~~~~ Y y g ch County, Florida,. The city has approximately 55,000 year round residents. During the winter months, September through April, there is a sharp increase in residents and tourists. This increases our city's residency to approximately 85,000. The City of Delray Beach is just over 16 square miles in area, and lies between Wiest Palm Beach, which is 20 miles north, and the city of Miami, which is 50 miles to the south. 1}STATEMENT OF THE PROBLEM A problem that exists in the City of Delray Beach, as well as other cities throughout the county, are people operating motor vehicles under the influence of alchohol or other drugs. Driving Under the influence (DUI}, commonly called ""drunk driving,"' refers to opera#ing a motor vehicle while under the influence of alcohol and nr drugs, including prescription drugs. Incidents of drunk driving lead to property damage, crashes involving serious bodily injury, and death. Ins 2006, there were 68,600 traffic-related deaths, nationwide. Per Mothers Against Drunk Driving (MADD) an estimated 11,776, people died in allchohol-related traffic crashes in which a driver with an illegal BAC of .08 or greater was involved. Although fatalities were down 9'.8°.~~~ from the previous year, 50°In - 75% of drunk drivers whose licensor are suspended continue to drive. The City of Delray Beanh is committed to the continued enforcement and apprehension of DUI offenders; especially, since it has seen an increase in alcohol related traffic fatalities and alcohol related crashes involving serious bodilly injuries since 2008. fn 20...06, there were eight (8) fatalities of which one (1) was alcohol related; however, since the inception of this grant (2008-'# 0} there were six (6} fatalities of which three (3) were alcohol-reiated. In dune 2008 the Delray Beach Police Department re-established its traffic unit, with the deployment of three (3} Motor Officers. These officers are primarily deployed during day time, high traffic volume periods and have increased the number of UTC"s issued. There has also been a decrease in traffic crashes in the area in which these officers deploy. These traffic officers also per`iodicaffy adjust their schedules and conduct DUI enforcement and other traffic initiatives, such as "Arrive AI'~ive on 85," and "`Click it or Ticket. Currently, these members participate in amulti-agency, county-wide task force with Palm Beach County to combat drunk driving through ongoing DUI saturation patrols to include additional hours during the holidays when DUI awareness and enforcement are critical to the safety of the citizens of Delray Beach. In spite of manpower canstrainks, the Delray Beach Police Department her continued to make a large number of DUI arrests. In 2009, there were 2731 accidents, and of those, 126 were DUI arrests. The DUl Enforcement Officer is an integral part of this enforcement and wiA cantinas to participate in the task force`s efforts to coi~rbat drunk driving by looking for violations that ors characteristic of impaired drivers, i.e. failure to maintain a single lane, erratic lane changing, and red light running to name a few. To accomplish this, the Department will require additional salary and overtime reimbursements for all DUI-related duties for the DUI officer to include extended enforcement responsibilities and court preparation.The State of Florida funded 50°>~ of the 2009-10 request for Personnel Services; and„ the 2010-11 request is for 75"Co of the nriginai funding request of 50%. Since the inception of this grant (2009-10} the DUl officer, alone, her made fi3 DUI arrests, issued 119 speeding violations, and 18 safety belt citations. 2} Pf~OPOSED SOLUTION The Delray Beach Police Department will continue to assign a full time DUf Enforcement Officer to the Traffic Secfion to target drunk driving, In order to do this, we request salary and overtime reimbursements for all DUI related duties for that officer to include additional enforcement responsibilities and courk preparation, The Delray Beach Police Department is committed to making our roadways safer. During peak driving times that impaired drivers are on the road, the DUl Enforcement Officer will continue to patrol specific areas and roadways where impaired drivers have been located in the past and roadways where fatal vehicle accidents and accidents involving serious bodily injuries involving alcohol have accursed, ETY c t 'til State clearly and in detail the aims of the project, precisely what will be done, v~~ho will be involved, and what is expected to result: Use the fallowing major headings: 1. taterrrent of the Problem 2. Proposed Solution 3, objectives ~l. Evaluation 5, Milestones (Use form provided) Start below and use artr}itian ~I..i/??;~.; ~ as necessary. ~~_ __.__.~..~__._ _._. .___._ Currently, members ai the Traffic Unit participate in amulti-agency, county-wide task force to combat drunk driving; the DUI Enforcement officer will also participate. This task farce allows officers from many law enforcement agencies in Palm Beach County to came together and work as a team to combat drunk driving by looking for violations that are characteristic of impaired drivers, i.e. failure to maintain a single lane, erratic lane changing, and red light running to name a few. The Traffic Unit has a working relationship with the Palm Beach County Chapter of Mothers Against Drunk Driving (MAbb); and., currently attends regular meetings of the Traffic Safety Council, Traffic Incident Management Team and LPL meetings. Additionally, regular MADD meetings will continue to be attended to discuss local, regional, and national issues. of drunk driving. The DUI Enforcement officer and other depadment bUl Instructc+rs will continue to conduct in-service training far all department officers in regards to bUl enforcement, legal up~l~,c~~ .., ,end standardized field sobriety task (SFST} refresher course. In addition, all officers assigned to the Field Training F~rograrn will continue to ride with the DUI Enforcement officer for two () shifts to gain specialized training in DUI enforcement. Several times each year, the Delray E3each Police Department conducts a Citizen's Police Academy, Resident's Academy and a Leadership Delray Academy in which traffic issues will continue to be discussed as DUI enforcement will continue to be a significant part of fhe traffic section presentation. These academies are an excellent way for residents. and community leaders to understand the inner workings of its Police Department, and provide an avenue to convey the importance of drunk or impaired driving enforcement to its citizens. 3) PROJECT oBJ~CTIVES 1. Continue to educate all officers ire the department on DUI enforcement 2. Continue to increase public awareness on Drunk andfar impaired Driving and its effects 3. Continue to reduce the number of fatality crashes within tl~e City limits 4. Increase the number of enforcement contacts. ~i) EVALUATIOf~ The Delray 3each Police Department will continue to evaluate the overall success of the program by the number of contacts made during the DUI enforcement actions. The number of drunk or impaired drivers apprehended and the success of the public information and education awareness program concerning drunk ar impaired driving. The overall success of the program will be determined when w have dramaticalfy decreased Che number of injury and fatality crashes. s.~FETY (~J1i~ Timetat~le for Milestones ~I~~~tOtl~~ ~_...._. 1~` Quarter ~a~ Quarter 3`d Quarter 4`h Quarter (?CT NOV .~ UEC _ ...- --- JAN - FE8 R9AR APR M4AY JUN JUL AUK' SEP __ Educate all officers on DUI enforcement ^ ^ ~ ^ ^ ® ^ ^ ~ ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ Conduct pubEio awareness presentations ^ Q [~ ^ ® ^ ^ ^ ^ ~ ^ I ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ Reduce the number of DUI-related i ^ ^ ^ ^ ^ ~ ~ ~ ~~ ^ ^ crashes ! Increase the number of enforcement ^ ^ ® ^ ^ ~ ^ ^ ^ ^ contacts ^ ^ ^ ^ ^ 0 ^ ^ ^ ^ ^ ^ d ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^~ ^ o ^ ^ ^ ^ ^ ^ ^ ^ c~ ^ ^ ^ ^ ^ ~ ^ ^ ^ ^ c~ o ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ^ o ^ ^ ^ ^ ® ^ ^ ^ ^ ^ ^ ! o o ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ r~ ^ ^ ^ ^ ^ c ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ _^ ^ ^ o ^ ^ E ^ ^ ^ 0 ^ a ^ ^ ~ ^ I ^ ^ i ~ ~~ {p ~s:fe FS-~'~ ~~e~3. F.:tC. ~~'v-fi,~5-91 lt9 Project Title: QIr~±/ 8each_.Pal~ce Q®@p~rtrn~nt ~ QU1 ~nf~rc~s~n~nt Program Project Nurr~ber: K8-1a-aa-13 Contract Number:. each budget category subkc~kal linker! below cannc~k be exceeded, A!1 individual line item costs are estimates, and the State Safety t7ffiee may approve monetary shifts between line items, not to exceed the subtotal of each budget category. .w__.____._.._ BUQT GACa~dY ~"C7TAL P~A~ Nt~N@P ~?RAL FUNDI~I{; STAB' ~.4~AL ___ ____ A. Personnel Services 75°la of the 5a% Dt1l enforcement tvlfficer X42,318 $15,$69 a $28,449 Annual Salary {base: No Qegree} Benefits X25,742 11,25~r ~a X14„487 overtime for Qt}l-related activities (' $$,533 X6,399 a 2„134 a ~a a a a ~a ~a a ~ a a a a a ~a a a o ~a a ~a Subtotal 7G,S93 X33,523 tl 4,t37'tt 8. Contractual Services i a a ~a ~a a a ~0 a a 6th ~a 0 a ~a a a a ~a a a subtotal ~ ~ o a ~ a ~ .. .. ~, Pxpenses ___~__ .. _. . .. o ~a ~a a a a ~a ~a , a a ~a ~a ~ a a ~a ~a ~ a ~a a o ~ a . ~a ~a a a ~o a a a a ~a ~a a o a ~a ~ o a ~o a a a ~a a o ~ j ~ a ~a ~a a a ` ~a a a j ! a ~a ~o a l j ~ a a ~a a ~ a a ~o a I ~ a a a ~a ! ~o ~ ~a ~o ~o ~ ~ „ ~ 'subt~tai o ; o o a Budget Modification Number: Effective Gate: i~~c:~.,~a~ SAFEPf {~=~1Q Praject ~fitle: Delray Beach f~alice Department _ D1J1 Enfarcement ra~rarrr ~raject Number: 4~~-1 Q-Q~-13 Cantracf Nut~nber; Each budget categary subtata! listed belawv cannat be exceeded. loll individual line item casts are estimates, and the State Safety Offi+~e may ~;~prave mon:~~.ary shte~s bv~v~een line items, net to _..1eed the subtata! of each budget. categary. - __ __ _ _ ,W~„~ =~= ~~U~~:+~ 1 CH'1 Cfat~t~'Y ~ "1 l~} 1~~11. Fi i~'~, i :~L C~-~ DR~1t.. EtlCJC11NG ~~ -~_.._. .~,:~- -------- STAB Lt~C~,L E _ _._.~ _w_ _ _ D. operating Capital Outlay , _ .~_ ___ 0 ~Ct U ~0 E~ $0 ~0 t7 Cl ~0 ~r0 g ~ ~ ~Q ~a c~ o ~o ~ o ~o ~a ~ ~ ~ ~ ~ ~ a o a a ~ o ~~ a ~ o ~ a c~ S y ~p b y ~ U #r ' ~+~ y J7 V ~ ~ gg ~ / ~ W t J ~ ~ ~ ~ ~+ ry ail V p ~ L I g t ~ . g U ~ p ~ } WV ® ~+ ~ } y7 k J ry @ y V y @ W V g~ y ! L W ~ r ~^ ~ v7 V e e / ~ ~W V ~ ~ e ~ / ~ J ti~ t p ~ p ~ n } ^ y ya V ~ rV y l V y "~ S, A ry ~ 4J ~ h ~¢ ~ p ~ ~ + W l l ~ ( ~y ~ V J f W ~ / ~11 ++ //~~ ~+ yV / ~ ~@* Nll o c~ o ~a ~ o o a ~ a a a a ~c~ o ~ ~o ~ o ~ t~ ~~ ~ n ~o ~o ~a i C o ~a ~o ~o o c~ o o o ~ ' ~ ~o ~ Subtatal ~_~m_~ ~_,_~_..., _._......~.__._~ Q _ _r.~_ ._ tl ~ ... ...._~ ~ ~.__ ~ . E, indirect Cast I i Q a 0 4 ~ ~ ~a ~0 C? U ` ~ 0 Q Q ~ I ~aQ fit? $t} °°` G M Subtatai 0 0 ~ ~ ~ t~ _ ~•• ~Vll 4.JaVt ~i I~I iJ~SJ~L E _. ~A~ii~ii~ : , }c3~~ _ ~{7 V. .__..___.____ i?3VI~ Budget Madificatan Number: Effective Date: ~~ i~] '~~ a'11~9 Project Title: Delra~Beach Police Department = DUI Enforcement Program Project Number: Contract Number: K8-10-06-13 The fallaing is a narrative description of the project budget by line item by category, detailing the item and anticipated cost. Each catgary must be sufficiently defined to shodv cyst relatianship to praject objectives. Attach additional sheets as Wearied. A. PERSONNEL: DUi enforcement officer salary -~ 75% of the 50°r'° DUI Enforcement Officer Annual Salary (Base: No Degree) = X15,869 Benefits for the officer (ta include PICA, Persian, Retiree health, Life insurance, C)isability insurance, Health insurance, V~lorker's Camp., Unemployment, and EAP) = $11,255 Overtime for DUl~related activities - 6,399 "The Delray Beach Police DpartmeWt certifies that the Officer reimbursed under this praject has successfully completed the N1-iTSA 24 hour Standardized ~`eld Sabriety Test Course B. CONTRACTUAL SERVICES: Nana C. E?~PENSES: None D. OPERATING CAPITAL OUTLAY Nana Budget i~ladification Number Effective Crate: 7 ~ 1V: ~~~ S,~FETY t;rtiJ19 _.._A _~.._~ __--- Quarterl~ Prom Re~~t Ptarra4iv for the q~artr, Project Title: Delray each Police Department - DUl Enfarcement Program Project Number: tCB-~Q-Q-13 Implementing agency: pity of Delray beach F~olioe Department Project Director: ~+taria C. ~arino~8ollan ._ 9 ~~~ ~.._~_._._q _ _...- s releases, photos Describe the sub rant. activities that took lace Burin the carter. nAttach newspaper clipping , press_ _ ~__.r..r and other items that document activities. Use additional sheets if neoessary. The Quarterly Progress Report of Perfrarrr~ance Inc/l~ators should be sent to the DC~T Safety t~ftice along v~ith the narrative +~fithin 3Q days of the end of each quarker, I I i A» t443 t:1~, F.~.C far the quarter. ~, ~~ai ~ ,~ ?-EJ Project fiitle. Delray Beach PoC~ce Department ~ DUI enforcement Program _. - Project Number: K~-1g-g~-13 ' _ - .~..___~_ - Implementing ,Agency: r~ity of Delray Beach Police Department 3 ` ~ Marino-Bohan ~ Maria Project Director: ~_--- -- x . .._~.m._._. ~- _. _-_Pe~f~~~...._ ._.~__--__.- t1 [1 _~ 1i"1t`s#;~t3~s A cG~plt"she d tr~dr~ators Quarter Ending Qu~rrter _ Ending March Six-Month Totals Quarter Ending June Quartea Ending Project Totals Qecemt7e* 3f 31 ~~ September 30 _ .._.__.~____._.__r. Number of checkpoints GDndUCted by DE~PD _,,.._,~._..___, ____....,_,.,....,.,_ ~,_ ......__ ...._,~.,___. ...._. ___.___._._, ._.____.,....._..._ _.~ , ~ ~. __._.,_..___ ._.. __-- -___...,_ , ...__ _ ...__.,._,.__ _____._._.. ~ ~.,.... _._ ~~~~ __.d__ ,. Number of DUl arrests made at checkpoints . ~ ._ ........ ~~ _ _ ~v ~ 0 ~~ ...._._.__ t ___ ._._ Number of safety bait citations issued at . checkpoints _--______._ ...__,.,.._ .a.... ~ ~ _...__.._..~ ~ Number of saturation patrols conducted by .._.------~- _ ,.. __.__ .~. _ ~. ~.~__. ..~ DBPD b tI Number of DUI arrests made during I saturation patrols 0 - -~-- ---.~...~. _._._._~ Number of safety belt citations Issued during .~~~..._...._.__~.,. ....,_..---~ a ..~_~._._ _ __. ,~_ ~.~__~~___~ .saturation patrols ~ ~ ~ ~ I m ..,~.,~. ~ Number of speeding citations issued during saturation patrols ~ ~ tl _~ ~ . ~m ~ Q ~ Humber of DUI arrests made by grant-funded ~_ _.z~ _ __.~_.... _ 1 - ~_..~. ~ ~ ~ ~ ! d .. ~.~~ ~~-~10 F~! ~rtv~ R~p~r~tt Praject Ti#Ie: Delray Beach Police Department -DUI Enfarcemen# Program Project REumber: K+~-1 t~-(ta-`13 Implementing Agency: Gi#y of Delray Beach Police Department Project Director: Maria G. ~larino~Boilan The faiiawing is a chronalogicai Werra#iv9 history of the al~ave listed prajc# in accordance with ~'arf V: acceptance artd agreement, Carrditians cif agreement, 1. Reports.. This repast is an secure#e accounting a€ the project performance and accomplishments. At#ach additions! sheets as needed. 1 t`) s~4~-~aa~-3i Se4F~7'1 G~lj f Pert ~: Ac~ept~r~ce nc Agreement Conditions of Agreement, Upon approval of this subgrant Application for Highway Safety Funds, the following terms and conditions shall become binding, Noncompliance will result in loss of, or delays in, reimbursement of ousts as set forth herein. 1. Reports. The subgrant year quarters are October 1 = C~ecember 31, Januar~~ 1 -March 31, April 1 -June 30, and July 1 - Sepkerr~ber 30. Tt~e irplementing agency shall subrr~it [he Quarterly Progress Report Narrative and Quarterly Progress Report of Performance Indicators forms to tl~e Mate Safety Office by the last day of the month following the end of each quarter (January 31, April 30, July 31, and October 31 ~ if the subgrant was effective during any part of the quarter. Quarterly reports postmarked after the respective submission dates listed above shall be considered past due. The implementing agency shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems encountered, and major aocompl'rshments by October 31. Requests for reimbursement will be returned to the subgrantee or implementing agency unpaid if the required reports are past due, following notification. 2. Responsibility of ;subgrantee.. The subgrantee and its implementing agency shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. Ail monies spent on this project shall be disbatrsed "rn accordance with provisions of the Project Detail budget as approved by the State Safety Office. All expende~ures and cost accounting of funds shall conform to 49 CFR, Part 18, Uniform Administrative Requirements far Grants end Cooperative Agreements to State and Local Governments; 49 CFR, Part 19„ Uniform Admini~tratit~e Rr~cl~~irements for Grants and Agreements with Institutions of Higher education„ Hospitals, acid t7ther Non-Profii C)rgani~ations; OMB CircularA-102, Grants end Cooperative Agreements with Mate and Local Governments; OMS Circular A-110, Uniform Administrative Requirements for Grants and Agreements with lnstitutions of Higher education, Hospitals, and Ether Non-Profit C?rganizations„ OM'B Circular A-21, Cast Principles for I~ducational Institutions, 2 C.F.R. 225 (OMR Circular A-81), Cult Principles for Mate, Local, and Indian ~'ribal Governments;. andlor OMt3~ Circular A-122, Cost Principles for Non_Profit Organizations, hereby incorporated by reference, (hereinafter referred to as Applicable Federal <_aw). 3, Compliance with Chapter 287, Florida. Statutes... The subgrantee and irr~plementing agency agree to comply with all applicable provisions of Chapter 281, Florida Statutes. The following provisions are stated in this agreement pursuant Yo sections 257.133{3)(a) and 281.134{3){a), Florida Statutes. {ay section 287>133 (~){al, F. S.. A person or affiliate who has been placed on the.. convicted vendor list following a conviction for a public entity crime may not submit a bide proposal, or reply on a contract to provide goods or services to a public entity; may not submit a bid, proposal, ar reply on a contract with a public entity for the construction or repair of a pubiic building o;r public work; may not subrr~it bids, proposals,. or replies on leases of real property to a public entity; may nok be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of tt~e threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 38 months following the date of being placed on the convvicted vendor list. (bj Section 287.134 (2)(a), F.S. An entity or affiliate who has been planed on tl~e discriminatory vender Irst may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 4, Approval of Consultant and Contractor Agreements. The State Safety Office shall review and approve in writing all consultant and contractor agreements prior to the actual employment of the consultant rar the contractor by the subgrantee or implementing agency. Approval of the subgrant does not constitute approve[ of a consultant or contractor agreement. Rule 1a-~3 s !;.>;, F ,Y C' '~7-c~`+-C)1 €fi'P G~~#?a Ail contractual service agreements shall include as a minimum the following information: Beginning and end dates of the agreement (not to exceed the grant period}, Total contract amount; Scope of worklervices to be provided; Budget~Cost Analysis; and Method ref cornpensatlonlPayment Schedule. Adl contractual service agreements shall contain the fallowing statement: The parties to this contract shall be bound by al! applicable sections of dart "~: Acceptance and ~",~_~~ ;.:~ertt of Project (insert. project numt~er}, C}GT Contract # (insert contract number}. A f~nai invoice must tie r~.;eived by (insert date] or payment will be forfeited. Adl invoices for contractual services shall contain the fallowing certification statement and must be signed by the contractor; Ald costs are true and valid costs incurred in accordance with the agreement. ¢';±lc~~t~~ble Cysts. The alto+~vability of casts incurred under any subgrant shall be determined in accordance with the gene~:~l principles of allowability and standards far selected cast iterrts set forth in the,~pplicabde Federa! L.aw and state lawn to be edigldale for reimbursement. AI! funds not spent in accordance with the Applicable Federal I..aw wilE be subject to repayment by time subgrante. T f f.~ .ant, Travel costs for appra~red travel shall be reimbursed in accordance with the State of Flo~ridaA t~epartrnent of Transportation's (Ctepament's) Oi;>bursement Operations ll~at~e~al, Chapter 3 Travel, hereby incorporated bey reference,. but not in excess of prc~visians in Section 11.b61, Florida Statutes. All out-af-state travel, conference travelo meeting frayed which includes a registration fee, and out-of-grant-speci#ied vrork area travel shah require written approval of the Mate Sa#ety Office prior to the commencement of actual travel as being within the travel budget of the project and relevant to the project. Gut-of-state travel shall not be appr~aved unless the sped#ic trip is in the approved sut~grant budget or the head of the Implementing Agency provides su~cient justification to prove that the travel wi61 have significant benefits to the outcome of the subgrant activities. In addition, prior written approval shall b obtained ftom the State Safet~f Gtiir;._ for hotet moms with rates exceeding 90 per day that are to be reimt~ursed. Rates exceeding ~~NCt per day s'r~ail ~~at be approved unless the hotel is the host facility for an approved conference or the average rate for old hotels in the area exceeds 9 SCI. 7. r~`. i%icn ;,a~:~:;~~.al e~i# Carrge The subgrantee or implementing agency shall obtain prior written approval #rom the State Sa#~.;ly ~ ~~ iir.e for changes to the agreement. Changes to the agreement will be approved which achieve or improve upon t`~~ outcoi ~ e of the subgrant work, or where #actors beyond the control of the subgrantee require the change. F'or exarr~ple: (a} Changes in project activities, milestones, or performance indicators set forth in the approved applicatron. (b) Chanedes in budget items and amounts set #orth in tine approved application. (cl Changes to personnel in positions that are being reimbursed by this agreement. Changes to the subgrant agreement shall tie in the farm of a written request signed by the Authorised Representative of the Subgrantee or the Administrator a# the Implementing Agency. Requests for changes to the subgrant budget must be postmarked nee later than June 3q of the fiscal year to be considered, Requests #or budget changes postmarked after June ~g wdll be denied. ~elegatlons of signature authority will not be accepted #or modifioatian requests. Reibt~rsernnt obligation. The State of Florida's performance and obligation to reimburse the subgrantee shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. As detailed in 4 CFR, Part', Gervernmentwirl;: ~eharmnt and Suspension (Nonprocurement} and Governentwld Rqulrerr~ents for drug-Free Workt~l ~~.e (Grants}, hereby incorporated by reference, the subgrantee shall not be reimbursed far the ce~st of goods or services received from contraotars, consultants, vendors, or individuals suspended, debarred, or other~rise excluded from doing business with the federal government. The subgrante or its implementing 1'? Raic= k~i~'~'t.4't14, F A.C SA~f'! Asa agency shall submit the required certifiotian by cansultants with awards in excess of the small purchase threshold fixed at 10 U.S.G. 23t~4(g) and ~1 U.S.C. 253(g) (currently ,gCtQ}. 9. Comrnencer~ertt of Projects.. If a project has not commenced within 30 days after the acceptance of the subgrant award, the subgrantee or its implementing agency shelf report by letter the steps taken to ini#ia#e the project, the reasons for delay, and the expected starting date. If, after 6g days from the acceptance of the award, project activity as described herein has not begun, a further statement of implementation delay ~,vill be submitted by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the letter is not received in the 60 days, the State Safety Office will cancel the project and reobligate the funds to other program areas. The State Safety Office, where warranted by excusable delay, wiH extend the implementation date of the project past the 6g-day period, but only by formal written approval from the State Safety Office. 10. excusable Delays. (a) Except with respect to the defautlts of sut~grantee's or implementing agency's consultants and contractors which shah be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default by reason of any failure in performance of thin agreement 6n accordance with ifs terms if such failure arises out of causes beyond the control and without the fault or negligence of the subgrantee ar its implemen#ing agency. Such onuses are acts of God or of the public enemy, sots of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes,., freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the subgrantee"'s or its implementing agency"s consultant or contractor to perform ar make progress, and if such failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or contractor„ and without the fault ar negligence of any of them, the subgrantee shall net be deemed to be in default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2) the State Safety Office shall have ordered the subgrantee ar its implementing agency r'n writing to procure such supplies or services frarn ether sources, and (3) the sut}grantee or its implementing agenoy shall have failed to Damply reasonably with such order. (b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the facts and extent of suoh failure and, if ut shall tie determined that any failure to perform was occasioned by any one or more of the said onuses, the delivery schedule sh~altl be revised accordiingly. 11. Qbligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date ar subsequent to the termination date of the subgrant: period. Only project costs incurred on or after the effective date and on or prior to the termination date of the subgrant application are etligible for reimbursement. A cost is incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant performs the service required or when goods are received by the subgrantee or its implementing a:gencyu notwithstanding the date of order. 12. Performance. In the event of default, noncompliance, or violation of any provision of this agreement by the subgrantee, the 'smplementing agency, the subgrantee's consultant(s) ar contractor(s) and supplier(s), the subgrantee agrees that the Department will impose sanctions. Such sanctions include withholding of payments, cancetllation, termination, or suspension of the agreement. in whotle or in pert. In suoh an event, the Department shall notify the subgrantee and its implementing agency of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will b based upon the severity of the violation, the ability to remedy, and the effect on the project. The subgrantee shall be paid aptly for those services satisfactorily performed prior to the effective date of such sanction. 13. Access to Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), and the Chief Financial Officer and Auditor General of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing agency, and its cansultants and contractors under this agreement, as provided under Applicable Federal Law. In addition to review of audits conducted in accordanace with OMB Circular A-13?~, as revised, hereby incorporated by reference, monitoring procedures will include, on-site visits by Department staff,: limited scope audits as defined by OMB E3 F~4t ! 9-J~1 0.,435, 1' :\ C" ~:G4~CF5.+~3 S~Fk f°I Cc11 d7 Circular A-133, as revised, and status checks of subgrant activity via telephone calls from Safety Office staff to subgrantees. By entering into this agreement, the subgrantee and its implementing agency agree to comply and cooperate with monitoring prooedures. In the event that a limited scope audit of the subgrantee or its implementing agency is performed, the subgrantee agrees to bring the project into ctrmpliance with the subgrant agreement. The subgrantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to allovv public access to all doouments, papers, letters, or other material subject. to the provisions of Chapter 113, F.S,, and made or received by the subgrantee or its implementing agency in conjunction with the subgrant. 14. Audit. The administratian of resaurces awarded by tl~~e Department to the subgrantee may be subject #o audits andlar monitoring by the department, as described in this section. For further guidance, see the Executive Office of the Governor website, which can be found at: www.fsaa.state.fl.us. Recipients of federal funds {i.e. state, or local gavernrnent, or non-profit organizations as defined in OMB Circular A-133, as revised} are to have audits done annually using the following criteria. In the event that the subgrantee expends ~50Ci,t1gC~ air more in Federal awards h7 its fiscal year,. the subgrantee must have a single ar program-specific audit oonducted in accordance with the provisions of OMB Circular A-133, as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida Department of Transportation by this agreement. Ire determining the Federal awards e~pendrud in its fiscal year, the subgrantee shall consider all sources of Federal awards, including Federal funds received from the Department of Transportation. The determinatian of amounts of Federal awards expended sl~auld be in accordance with the guidelines established by OMB Ciroular A-133, as revised. An audit. of the subgrantee conducted by the Auditor GeneraP in accordance with the pravisior~s OMB Circular A- 133, as revised, will meet the requirements of this part. In car~nectian with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-'133, as revised. If the subgrantee expends less than 5l?O,Qgt~ in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is trot required. In the event that the subgrantee expends less than 500,800 in Federal awards in its fiscal year and eVects to have an audit conducted in accordance with the provisions of OMB Circular AJ133, as revised, the cost of the audit must be paid from non-Federal funds. Copies of audit reports for audits oor~duoted in accordance with OMB Circular A-133, as revised, and required by this agreement shall be submitted, when required by Section .320 {d}, OMB Circular A-133, as revised, by or on behalf of the subgrantee directly to each of the foNawing~ {a} Florida Department of Transportation 605 Suwannee Street, MS-17 Tallahassee, Fb 32399-050 {b} Federal Audit Clearinghouse Bureau of the Census 12tH Bast 10 Street Jeffersonville, 1N 4x132 {c) Other Federal agencies and pass-through entities in accordance with Sections .320 {e) and {f}, OMB Circular A- 133, as revised. In the event that a cagy of the reporting package for ,<an audit required by this agreement and conduoted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .323{e}{2), OMB Circular A-133, as revised, the subgrantee shall submit the required written notification pursuant to Section .320{e){2} and a copy of the subgrantee's audited schedule of expenditures of Federal awards directly to each of the following: f Rule IJ-4& ra}, F ,t. r ~L+~~S S.~F~ rfl' G$~t~ Florida Department of Transportation 65!5 Suwannee Strout, X15-1 Tallahassee, Fl- 32399-0450 In addition, pursuant to Suction .320~f), OMB Circular R-133, as revised, the subgrantee shall submit a copy of the reporting pacKago described in Section .320(c:}u OI~tB Circular A-133, as revised, and any management letters issued to the auditor, to the Department at each of the following addresses: Florida Cepartment of Transportation 605 Suwannee Street, MS-17 Tallahassee., Ft. 32399-0450 15. Retention of Records. The subgrantee chalk retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or Auditor Oenerall access. to such records upon request. The subgrantee shall ensure that the Independent audit working papers are made available to the Department, ar its designee, the state CFO, or Auditor general upon request for a parted of at least flue years from the date the audit report is issued, unless extended in writing by the Department. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed ar the dispute is resolved. Records shall also be maintained acid accessible in accordance with 49 CFR, Sec#ion 18.42 or' 49 CFR,. Section 19.53.. 16. Procedures for Rein;~brrrsr~ent. All requests for relmbursement of subgrant costs must be submitted on forms provided by the Department ('FDOT Form Numbers 500-065-04 through 09) Appropriate documentation supportive of the reported costs must accompany each olaim. The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at least once eaoh quarter as costs are ir~ourred and payment is made. The only exception is when no costs are incurred during a quarter. Reimbursement fdr subgrants with personnel costs shah be made after every two pay periods if paid bi-weekly. Personnep costs reimbursement shall be requested monthl'~y if payroll is on a monthly basis. Failure to submit remmbursement requests in a timely manner shall result in the subgrant being terminated. All requests for reimbursement of Operating Capital Outlay items having a unit cost. of $5,000 or more and a useful life of one year or more shall be accompanied by a Non-~xpdndable Property Accountability Record (FDOT Form No. 500_.. 065-0}. Payment of the Operating Capital Outlay costs shall not be made before receipt of this form. All requests for rekmburse~ment shall be signed by an Authorized Representative of the Subgrantee or the Administrator of the Implementing Agency, or their delegate. A final financial request for relmbursement shall be postmarked no later than October 31 following the end of the subgrant period. Such request shall tae distknotky identified as Final. Failure to submit the invoice in a timely manner shall result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount incurred if the final request is not postmarked by October 31 following the end of the subgrant period. The Safety Office has a 30-day review process of financial reimbursement requests from the date of receipt. Reimbursement requests will be returned if not completed properly. 17. ownership of Data and Creative f++s~aterial. The ownership of material, discoveries, inventions and results developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18.34, 49 CFR, Seotkon 19.36, or OMB Circular A~110, hereby incorporated by reference,. In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves aroyalty-free,. nonexclusive, and irrevocable Ikoense to reproduce, publish or otherwise use, and to authorize others to use: ~~ R~.a3a' 1~l-7:~? %13±, f 1. t' 5CY'r--l3F~~B s?.F E Tl` G~~ 9 C~ (a) The copyright in any work developed under a; subgrant ar contract under a subgrant; and (b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant support. 18. Property Accountabil%ty. The subgrantee ar its implementing agency shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18,32, 49 CFR 19, Section 19.34, or C)MB Circular A-110, incorporated herein by reference. This obligation continues as tang as the property is retained by the subgrantee or its irryplementing agency, notwithstanding the expiration of this agreement. 19. Disputes, Any dispute., disagreement, ar question of fact arising under the agreement shall be decided by the State Safety t~ftice in writing and shall be distributed to parties concerned. A written appeal may be made within 30 calendar days to the Governor"s Highway Safety Representative at the Florida Department of Transportation, 605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its implementing agency shall proceed diligently with the performance of the agreement and ain accordance with Department"s decision. 20. Conferences, Inspe+~tion of "Work. Conferences may be held at the request of any party to this agreement. Representakives of the Department ar the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 2~. Publication and Printing of abservationai Surveys and fJther Reports. (a) Before publication or printing, the final draft of any report. or reports required under the agreement ar pertaining to the agreement shall be submitted to the State Safety affiee far review and concurrence. (b) Each publioation or other printed report ooverecl by Paragraph 21.a. above shall include the following statement an the cover page: (1) This report was prepared for the State Safety t~ffice, Department of Transportation, State of Florida, in cooperation w'rtt} the National Highway Tragic Safety Admin%stratian, U.S. Department of Transportation andlor Federal Highway Administration, U.S. Department of Transpa~tation. (2) The conclusions ar7d opinions expressed in these reports ar°e those of the subgrantee and do not necessarily represent those of khe State of Florida, Department of Transportation, State Safety Office, the U.S. Department of Transportation, or any other agency of the State or Federal Government. 22. Equal Employment {7pportun`rty. No person shall, on the grounds of race, color, religion, sex, handicap, or natianal origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant, or any project, program, ar activity that receives or benefits from this subgrant award. The subgrantee and its implementing agency agree to comply with Executiive Order (E.C~.)~ 1i 1246, as amended by E.G. 11375, and as supplemented by 41 CFR, Part 60w lnoarparated herein by reference, 23, Responsibilfty for Clairrrs and Liability. Subject to the Bimitations of Section I68.28, Florida Statutes, the subgrantee and its implementing agency shall be required to defend, i~ald harmtess and indemnify the Department, NHTSA, FHWA~ and USDOT, from all claims and liability„ or both, due to negligence, recklessness, or intentional wrongful misconduct of subgrantee, implementing agency, and its oankractor, consultant, agents and employees. The subgrantee and its implementing agency shall be liable for any loss af~ or damage to, any material purchased or developed under this subgrant agreement which is caused by the subgrantee"s ar its rrrrplementing agency's failure to exercise such care in regard to said material as a reasonable careful owner of sirrvilar materials would exercise. The parties executing this agreement specifically agree that no provision in this agreement is intended to create in the public or any member thereof, a third party benefioiary, ar to authorize anyone not a party to this agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement. 24. Disadvantaged business Enterprises (DBE). (a) The subgrantee and its implementing agency agree to the following assurance: ~~ Rtn6~ to-93 ~r,;. F .~ f' ~~-~,,, s~.,~~rY ~~~so The subgrantee and its implementing agency shaii not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, incorporated herein by reference, The subgrantee shah take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT- assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement, Upon notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1Q01 and/or the Program Fraud Ciuil Remedies Act of 1986 (31 U.S.C. 38Q1 et seq.), herein incorporated by reference. (bj The subgrantee and its implementing agency agree to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultan~t or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contact. The consultant or contractor shall carry out applicable requirements of 49 CFR, Fart 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these tequirerrtents is a material breach of this contract, which may result in the termination of this contract or such other remedy.. os the subgrantee, its implementing agency, or the Department deems appropriate. . Restrictions an Lobbying. The subgrantee and its iimplement~ng agency agree to comply and require consultants and contractors to comply with 49 CFRv Part 20, Plew Restrictions on Lobbying, herein incorporated by reference, for ding of certification and disclosure forrt'~s. No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state agencies. Section X16.347, Florida Statutes. ~6, Now Agreement is Affected by F~rouisians Being Heid Ir~ualid, if any provision of this agreement is held invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then continue to conform to ttte terrrrs and requirements of applicable law. ~7'. Federal Recluirernent for Public Seruice Annocancerr~crrts. AEI pu.~blic seruice announcements produced with Federal Highway Safety funds shall be closed captioned for the hearing impaired, ~~. Public Awareness lVtateriais and F^rootionat items, Ali publi'~c awareness materials and promotionae items reimbursed with subgrant funds shall contain a traffic safety message. Where feasible, either the Florida Department of Transportation logo or the words '"Funding provided by the Fior°ida Departrruent of Transportation.'" shall appear on all items. The name of the subgrantee or implementing agency and its logo can appear on printed materials and promotional items. The names of individuals connected with tt~e subgrantee shaii not appear on printed materials and promotional items paid for with Federal highway safety funds. Before printing public awareness materials ar ordering promotional items, a final draft or drawing of the items shaft be submitted to the State Safety Office for revier~v. The Office shaii provide written approval for reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness materials purchased with Federal highway safety funds shah be attached to the forms requesting reimbursement for the items. 29. Term of Agreement. Fach subgrant shall begin on the date of the last party to sign the agreement and shall end on September 30, following, unless otherwise stipulated by the State Safety Office on the first page of the respective agreement. The subgrant period shall not exceed 1 months. 30, Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $190,OOQ the subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 74U'f et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et l SAS C~tiO seq.), herein incorporated by reference. The subgrantee shall include this provision in all subcontract awards in excess of 9 Ot), Ot~C}. 3"I. l~eronnei Hired tender Agreement. The head of any implementing agency receiving fwrst year funding fear a new position(s) through a subgrant shall provide written notification within 30 days of the agreement being awarded to the State Safety Office that a new position{s) has been created in the agency as a result of the subgrant being awarded. Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part through a subgrant, shah be the employee of the subgrantee or implementing agency only, and any and all claims that may arise from said employment relationship shall be the so9e obligation and responsibility of the subgrantee or its implementing agency. Personnel hired under the grant shall not hold the position of Project Director. The State Safety Office reserves the right to require activity reports to demonstrate that personnel hired under the agreement or equipment purchased with grant funds meet the requirements as specified by the subgrant. 32. Repo~sessiran of Equipment. Ownership of all equipment purchased with Federal highway. safety funds rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the equipment for three fiscal years following the end of the subgrant period. Any equipment purchased with Federal highway safety funds that is not being used by the subgrantee or its implementing agency for the purposes described in the subgrant shalt be repossessed by the State Safety Gffice, on behalf of the US~OT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this subgrant. 33. hteplacement or Repair of l=quipment. The subgrantee and its ir~rplementing agency are responsible„ at their own cost.., for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged„ stolen, or lost, or that wears out as a result of misuse. 34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the C~epartment shall bind fete subgrantee or its implementing agency ineligible for future funding for any of the following reasons: (a} Failure to provide the required audits, (b} Failure to continue funding positions created with highway safety funds after the Federal fund%ng cycle ends, (c} Failure to provide required quarterly and final reports in the required time framew (d} Failure to perform work described in Part II of the subgrant agreement., (e) Providing fraudulent quarterly reports or reimbursement requests,. (f} Misuse of equipment purchased with Federal highway safety funds. 35. Safety Bolt Policy. Each subgrantee and ir~nplernenting agency shall have a written safety belt policy. which is enforced for all employees. A copy of the policy shall be submitked with the subgrant application. ~~. Safety Belt Enforcement. Ali law enforcement agencies receiving subgrant funds shall have a standard operating procedure regarding enforcement of safety belt and child safety seat violatians. A copy of the procedure shall tae attached to the subgrant application. Law enforcement agencies receiving subgrant funds shall participate in the safety belt enforcement waves canducted in Florida and shall report their participation on the appropriate form by the deadline. Failure to participate shall result in the subgrant being terminated. ~7. Certification for equipment hosting bore than $~,p0r3 per Item. The head of any implementing agency purchasing equipment costing more than $1,gga per item shall send a letter to the Safety ®ffice upon award of the subgrant certifying that none of the items being purchased with federal highway safety funds is replacing previously purchased equipment that is damaged, stolen, or lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. 1 ~~, sa~~rr o ~ hair~t Reporting. Any la~v enforcement agency that conducts DUI checkpoints shall attach a copy of the After Attu Rpo for each checkpoint operation conducted during a quarter to its (~uar~erly Rr~~rs Reor# of Ferfrrr~nc Indicator. 3, Chip safety ~t< any irnplernenting agency that receives funds to purchase child safety seats must have at least one staff tnem6er who is a current Certified Child F~assenger safety Technician. Failure to camply tivith this prevision shall result in th€ termination of this agreement. 4{3. 13uy America pct. The subgrantee and its imp,"emoting agency agree to camply and require consultants and contractors to comply with all applicable standards, mrders, and regulations issued pursuant to the Buy America Act (23 U.S.C. 313 et sq) herein incorporated by rfereruce. The subgrantee shad include the Buy America provisions in all subcanfract awards. Speciat Conditions. 19 ~.~-c.~s-~~ :~ 1= . F.A. C'. SeL~ C~€9ii I~! V'~IT~tES WHERE©F, the parties arm that they have each read and agree to the conditions set. forth in Part V of this ~ Agreement, that each have read and understand the Agreement in its entirety. how, therefore, in consideration of the ' mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. tlBRATt~B City of l~elrav Beach Name ©t" Applicant Typsd ~'~ i ..,, ~ d-. y: ,C ~~ ~ ~ ~ ~ ~ ~~ ~ Signature crf Authorized Rs~reserrtativs David T. Harden Authorizs~ Repr°sssntativs s Narns Typed Title. Cit~l~na eg r Attest: _ ` ~ "" '~ ^ignaturs of Witness r~t~i'.~liil.~°I°itiAT~R~~a ii~r~i~~_r_'i~~iETiN~ABIVCY ~r By; ..,..- ~ .~ Sig tors of Adr:;inistrator ~~.~ Anthony W. trianese Administrator's Nsms Typed Title: Chief of Police, City of Delray Beach }~~?TB: N whiteout or erasures accepted ova this signature pale. g ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: David C. James, Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: September 20, 2010 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 GRANT AWARD/DEPARTMENT OF ENERGY/LEAP ITEM BEFORE COMMISSION This item is before the Commission for approvaUauthorization for the acceptance of a Local Energy Assurance Plan (LEAP) grant from the Department of Energy in the amount of $130,000.00 BACKGROUND The City of Delray Beach was awarded the LEAP Grant on April 28, 2010. The main focus of the LEAP initiative is to build regional energy assurance capabilities that will allow the city to better communicate and coordinate responses on a regional and state level as it relates to energy security, reliability, assurance planning, and emergency issues regarding energy disruptions. The objectives of the initiative are to develop, strengthen, and/or expand local government energy assurance planning and resiliency, reduce the impacts from energy supply disruptions, and create and save jobs in energy assurance planning at the city level. The grant will be administered by the Fire-Rescue Department and will culminate in an Emergency Operations Center (EOC) exercise that will test the efficiency and efficacy of the plan. The LEAP grant will also allow for enhancement of the Emergency Operations Center. The EOC will be reconfigured to include technology upgrades, increased signage visibility, and more efficient and effective workstations. Attached is a revised copy of the LEAP Grant Budget that will be submitted to the Department of Energy for approval. RECOMMENDATION Approve acceptance of the LEAP Grant for local energy assurance planning and sustainability. Local l~:nergy Assurance Plan {LfI~AP) Budget Justification -Revised 9117/10 City of Delray Bead, Florida C3bject Class Categories a. Personnel $ 33,686.12 These funds will be used to cover the salaries of staff frarn the City's Fire Department, City Hall and Environmental Services Division far tasks related to consultant selection, planning, energy assurance plan development, training and exercises. aa. Personnel Miscellaneous $1,000.00 b, Fringe Benefits $2653.49 FICA ($34,686.12 x7.65%) c. Travel $0 d. Equipment $50,453.60 Equipment outlined in this section is related to the Emergency Operations Center (EOC reconfiguration and technology upgrade. ITEM PR.~CE QUANTITY TOTAL Smart Board $11.,666.28 1 $11,666.28 46" LCD Monitor $1,215.18 4 $4,860.72 Laptops $1,209.24 15 $1$,138.60 Desktop PC $1,288.00 1 $1,288.DD External Antenna (local television reception) $2,000.00 1 $2,000,00 ESC Audwo System Upgrade $7,OOO.DD 1 $'7,000.00 Cnstallatian $5,500.00 1 $5,500.00 e. Supplies $ 2,202.76 These supplies are related to project administration, energy assurance plan development, training and exercises. r ~ ~ .l EM Pry.. _. . {v~ ~u~~~~~ 1._©1~~~ ..... ESC Section Signa e $5.00 22 110.00 Adding Machine Tae $5.42 1 5.42 Binder Cli -Large $0.65 S 3.25 Binder Cli -Medium $0.23 5 1.15 Binder Cli -Small $0.09 3 0.27 Cartridge -Fax - PC201 $23.35 2 46.70 Cartridge -Roxanne -Fax - Toner $56.23 2 112.46 Cartridge -Roxanne Lobb $168.80 1 168.80 Cartridge -Roxanne -Black $197.08 1 197.08 Cartridge -Roxanne -Cyan $292.95 1 292.95 Cartrid e -Roxanne -Magenta $276.36 1 276.36 Cartrid e _ Roxanne -Yellow $276.36 1 276.36 CD's - 50 Pack $7.49 2 14.98 Dry Erase Markers -Black $9.12 2 18.24 Dry Erase Markers -Asst. Colors $14.30 2 28.60 Folders -Manila -Letter $4.63 2 9.26 Hangin Folders -Legal $17.44 2 34.88 Hangin Folders -Letter $4.83 2 9.66 Hard Stock Pa er $15.29 2 30.58 Highlighters -Assorted 6 Pack $3.40 5 17.00 Pad -Ruled - SX8 $12.25 4 49.00 Pad -Ruled - 8.5X11 $4.60 3 13.80 Pa er - Co -Case $34.13 9 307.17 Pa er Cli -Jumbo $0.15 10 1.50 Pa er Cli -Regular $0.05 10 0.50 Pen _ Pa erarza.ate Medium Black $0.79 10 7.90 Pen - Pa errnate -Medium Blue $0.77 10 7.70 Pencil-Mechanical $1.48 10 i 4.80 Post it Nate - 3X3 - Po U $11.46 3 34.38 Post it Note - 1 112 X 2 _ Yellow $4.99 3 14.97 Post it Note - 3XS $12.99 3 38.97 Scissors $1.69 5 $.45 Sh ies $4.85 5 24.25 Sheet Protectors $1.16 9 10.44 Sta le Remover $1.64 1 1.64 p Ta e -Scotch 4.37 3 13.11 ~ro~A~. ~22n2.76 f. Contractual $40,D00.00 These funds will be used to hire a consultant to perform an energy assurance inventory and analysis and draft the City of Delray Beach's Local Energy Assurance Plan, as well as develop training exercises. A contractor will be selected based an the city's competitive procurement policies and procedures. The Statement of Wark rs subject to change based on input from the consultant once selected. Consultant Plan Writing & Quarterly Report $20,000.00 Consultant Design and Facilitate Training Exercise $20,000.00 g. Construction $0 h. Qther $0 i. Total Direct Charges (sum of 6a-Gh) $129,995.97 j: Indirect Charges $0 k. Totals (sum of 6i-6j) $129,995.97 Q cs 3 w ~ •- ;.. ~• ~ ;~, co s7. n is ~ ~ 5 r"' p c~ n to rn -~ ,~ 'o N ~ ~ a C7 ~ o n c 1C y ~ D ~ {~ m n -~ ~ ~' ~ N - -~1 3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ' ° ~ ~ . ~ ~ ; C V d p CSt ter ^^' a ~ i Ol ffl 69 ffl f-A Q EA 69 O (fl Ch (fl Q 6> G] C? Q o C7 C) q O O W O C~ W t () N iD ~' ~ ~ N ~ ~ ~ 4» -' cs chi e» taa [~ t» °o da s9 °o ca o Fn ~ ° N W 4 O C7 t~ C? 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O ~ my ~' mn .rt ~~ ~ ° ~''cn --[ a ~ ~ ~ l77 a ~ ~ ~ rn ~~~ X ~6' ~ ~ Q ~ ~ ~ -~s -o w ~~'`~ ~' w - ~ ~' , v m ~~' -° o ~ ~ r~u ~ tin ~"' n O o _ m !~ O ~ ~ ~ n s~ ~ ~ ^, m N cu ~. -~ ~ ~ ~ ,,~, ~ C ~ N ~ V ~ .,,n ~ ~ N rr ~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: October 1, 2010 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 FIRST AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT ITEM BEFORE COMMISSION Approval of the First Amendment to the "Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue" associated with the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of six months. BACKGROUND The owner had submitted a request for the abandonment and relocation of N.E. 7th Avenue in order to accommodate the proposed Atlantic Plaza project. The abandonment of N.E. 7th Avenue has been concluded, however, if the Developer fails to meet certain time frames the City may require the reconveyance of N.E. 7th Avenue. A quick summary of the time deadlines regarding N.E. 7th Avenue is as follows: provide environmental audit within 180 days of abandonment resolution approval - must obtain SPRAB approval by 12/1/09 - must obtain site plan certification within 18 months of SPRAB approval - must complete construction of underground tunnel under relocated 7th Avenue within 3 years of Site Plan Certification (this is the "no turn back deadline") substantial completion of relocated 7th avenue within 2 years of the "no turn back deadline" The Developer has met the first two time frames listed above. As a matter of fact the Developer obtained SPRAB approval on Apri17, 2009, approximately 9 months prior to the deadline. Planning and Zoning and Engineering staff have reviewed this request and do not have any objections to the requested extension. RECOMMENDATION Staff recommends approval of the First Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue. This instrument was prepared by and should be retu~a~ed to: Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 FIRST AMENDMENT TO DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. Iii` AVENUE (Vacated 7`t Avenue) This First Amendment to Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue (this "First Amendment") is entered into this day of September, 2010, among the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and and (collectively the "Developer"}. WHEREAS, the City and. the Developer entered into that certain Declaration of Reserved Rights and Agreement Not to Encumber N.E. 7th Avenue, dated February I7, 2009 and recorded April 8, 2009 in Official Records Book 23166, Page 1375 of the Public Records of Palm Beach County, Florida {the "Agreement"). WHEREAS, the City and th.e Developer have agreed to extend the Site Plan Certification Deadline {as defined in the Agreement} and to modify the Agreement, pursuant to the terms set forth herein. NOW, T)FIEREFORE, in consideration of the sum of TEN & NO/100 DOLLARS, the mutual promises contained herein, and other good and valuable consideration between the parties, the receipt of which is hereby acknowledged, the parties hereby agree as (allows: l . Recitals; Capitalized Term11...., „,„„s~ Conflict. The recitals set forth above are true and correct and are incorporated herein by this reference, as if set forth in their entirety. Any capitalized teen. not defined in this First Amendment shall have the meaning ascribed to it in the Agreement. In the event of any conflict between the terms and conditions set forth in the Agreement and those set forth in this First Amendxrient, the terms and conditions of this First Amendment shall control. 2. Site Plan Certification Deadline. Section 2.a.{ii) of the Agreement is hereby deleted in its entirety and substituted with the following: 6041!19892-016 Current/20626037~2 (19130120101:48 pm (ii) obtain site plan certification for the Project froze the City within ~;Yra kE,r~~°~' ^M~ ~ ,-t.. ° ~~~ r{"Q' seven hundred and twenty eight ~~ days following the SPRAB Approval Date (the "site Plan Cez-tifzcation Deadline"} (the "Site Plan Certification Condition"}. (The date on which the Developer obtains the site plan certification of the site plan shall hereinafter be defined as the "Site Plan Certification Date"); provided nothing herein shall be deemed an approval of extension for site plan approval; 3. Ratification. Except as expressly set forth in this First Amendment, the Agreement is ratified anal confirmed as written. 4. Countemarts. This First Amendment may be executed ia~. any number of counterparts, each of which shall be deemed to be an origixzal, and all of such counterparts shall constitute one First Amendment. (EXECUTION PAGES FOLLOW) 6041119692-016 Current120626037~2 09/30/2010 1;48 pm IN WITNESS WHEREOF, the parties to this First Amendment set their hands and seals the day and year first above written. ATTEST: By: Approved as to Form: By: City Atton~ey ST,~TE OF COUNTY OF By: Name: Its: Date: The foregoing instrument was acknowledged before me this day of , 2010, by ,the of the CITY OF DELRAY BEACH, FLORA. He/She is personally known to me or has produced (type of identification} as identification. CITY OF DELRAY BEACH, FLORIDA city Clerk Signature of Person Taking Acknowledganent 604 111 9692-0 1 6 Current/2o62B037v2 0913p12Q1Q 1:48 prrt WITNESSES: I}EVELOPEIt Print Name: Print Name: By: Print Name: :Its: STATE OF COUNTY OF The foregoing instrument was acknowledged before ine this day of 2010, by , as the , of He/She is personally known to rr~e or has produced {type of identification) as identification. Signature of Person Taking Acknowledgment 6fl41l19692-fl16 Current/20626(337v2 0913fl12010 1:48 pm DEYEL®PER Pri~~t Naive: Print Name: STATE OF COUNTY OF By: Print Name: Its: The foregoing instrument was acknowledged before me this day of 2010, by the of . He/She is personally known to me ar has produced (type of identification) as identification. Signature of Person Taking Acknowledgment 5 6041119692-016 Current12062Fi037v2 09/30/2010 1:48 pm MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 SPECIAL EVENT REQUEST/ HALLOWEEN PARADE ITEM BEFORE COMMISSION City Commission is requested to approve the Annual Halloween Parade sponsored by the Noontime Kiwanis Club to be held on October 30, 2010 from 1:30 p.m. until approximately 2:30 p.m. Commission is also requested to approve a temporary use permit per LDR's Section 2.4.6(F) for the rolling closure of Atlantic Avenue from NE 2nd Avenue to Veteran's Park and provide staff support for traffic control and security. BACKGROUND Attached is an event permit for this event received from Mr. Vince Canning, as well as an event budget and site plan. Participants will assemble at Old School Square Park and proceed to Veteran's Park. A rolling street closure will be provided by our Police staff as has been done in the past. Estimated staff costs for the event are $1,560. Per the new Event Policies and Procedures, the payment due to the City would approximately $1,170. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff assistance as requested contingent on the receipt of the Certificate of Liability Insurance and a signed and notarized Hold Harmless Agreement by October 25, 2010. Event NamelTitle: w Event Date(s): o Times: /!_°30 '~ ~~M' ,BC cH a ' +V' r/i s Event SponsorlProducer: ~ Event ContactlCoordinator: Vr -'~ ~'"~ Name: ~ "~ Address: ~ s f Telephone Number: Cellular Number: E-mail Address: b ~v ~rrN R Event Description/Purpose: ~/~-~ _ ~ ` ~.. J ~a Brief History of Event (lf applicable): ~l Y~"/-t~ S Planned Ac#ivities (Outline of activities/number ~ ~ tiv~~ ~~e. en#e~ a~ eri#~ ~~~ i ~/Fr children's rides, games, other programs): ~ ~ Number of Individuals Seaved Previous Year (if applicable): l~i C~~ ~'~~ `~? p ~n~-f/~-N7` ~ Nd ~ ~JC Describe the targeted population and ex ected attendance: a P Page I off 5 Page 2 of 5 Describe haw the program or project addresses community needs: Describe your Marketing/Promotions Program (How will you marketlpromote, i.e. TV, radio, posters, flyers, web sites, other): /N r ~ 8 ~ i`N >4! ti ac H ! 5'c oa __ Sponsor Category (please check) City ^ Non~ProfitlCharitable t~Private ^ Co-Sponsor -Non-ProfitJPrivate ^ (If 1Va~t profit attach proof of SDZc(3), c(4), c(6}, C(10), or c(19) ar (d} Event Vocation (Describe area boundaries of event location): p~ ~ © c~ sc ao G Site plan attached: yes t/ no (Site plan required far e~ttire event site. Include Locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no r~ {If yes, attach proof of approval) Private Property Use: yes no (If yes, attach letter giving authorization from property owner) Event budget Revem~e & Expenses attached: yes /- no (Required far all events} Previous year RevenueiExpense su:rnmary attached: yes~~_ no_ (Required for all events) / Do you have cash sponsors for the event: yes no +~ (indicated on budget) C ~'~~~ ~ ~'~ ~©~~U Q Y ~7 D~ '~7~ a Do you have inkind sponsors for the event: yes no /~ (Indicated on budget) U:IwwdatalSpeaial Event RequestlSpecial Event Permit Application FINAL FY09-l0.doc Page3of5 Serving or selling alcoholic beverages: yes no +:~ (If yes, copy of license artd alcohol liability insatrance required t3vo (2) weeks prior to event) Event certificate of insurance attached: yes / no (Required two (2} weeks prior to event Wanting the City as additional insa{red, also required for vendors) Playing of amplified music: yes no, ~~ (YYaiver required) Will there be entertainment: yes no / (if yes, attached list of Performers andlor DJ's} if yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes___.. _~ no (traffic eontrollsecurity) Will supplement with private security: yes no._ _~_. (If yes, need plan attached) Requesting Emergency Medical assistance: yes no~. Requesting barricade assistance: yes, (7f no, how are you handling?} no t/ Requesting trash removal{clean up assistance: yes no ~/ (Will be billed to sponsor} Requesting trash boxes/containers and liners: yes nom.. Requesting stage use: yes no / (~f yes, check type) Large stage (14' x 36') ^ Small stage (16' x 21') ^ Half small stage ($' x 21'} ^ Requesting signage: yes / no Type: ~l'x4'Event sign Parking Signs B~-nner hangin Indicate dates required (Waiver required if more Haan one (1) week prior to event) Requesting City Portable Generator: (If yes, size & power) Food and beverage vendors: If yes, approximate number (Health Department approval required) yes no / yes no~ no yes Li:lwwdatalSpecial Event 1Zequestlspecial Event Permit Application FINAL FY69-l~.doc Page 4 of 5 Other vendors: (Indicate type) yes no Tents: yes no ~ If yes, How many What size or size required (If yes, tent permits and fre inspectia~rs may be needed) / Will the event include amusennent rides: yes no / (If yes, type mtd location crud copy of liability rnsarrnnce rer~rcired, also requires state license and inspection:.) WiII the event be gated: yes no .~ (Show on-site map) Will there be a charge for the event: yes no / (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes na (If yes, contact fire Marshal to obtain and complete permit application) Will #here be cooking with compressed gas; yes no ^~ (If yes, contact Fire Marshal for inspections) Will you be providing part-a-lets for the event: yes no (If yes, locate on-site map. If na, indicate lxofv you will handle restroorn needs) Is reserved parking requested: yes ~ no (If yes, indicate locations mtd purpose for txse) Event Permit Attachments: ~/ Revenue/Expense Budget ~Revenue/Expense Recap Last Years Event ,/Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status ---General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Pxivate Property Owner Hold Harmless Agreement U:IwtvdatalSpecial Event RegaestlSpeciat Event Permit Application FAIAC. FY09-l0.doc Page 5 of 5 Submittal Date Requirements: ® Minor Event 45 days prior to event • Intermediate Event 90 days prior to event a Major Event 120 days prior to event ® Neighborhood Block Party 30 days prior to event Event Contractor/CaordinatQr Date Please print:w~Nr 5 1~,..e~u~~~--~~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1$t Avenue, Delray Beach, Florida 3344. Required with perrnit application. For Staff Use Only Date Received R ~7~ J Application fee received $ ~~' • .~ U:1~«vdatalSpeciaf Event RequestlSpecial Event Pern3it Application p'1NAL PY09-30.dae s ., ,. . ~~ ~ ~wh~`~n. ~ ~a ~, ~~ •^ ~~.:,:~, , ' ~~` ~ ~r ,~ ~ 174+ •,~~ _, .-,. { e Y`^ ,~ ~ 7 W~7 J ~Ir+y ~ If ~ ~1 ~ ~ ~. ¢ - ~~m _ rM. • ~r y~. a~~~.. _.. ~ ti •••,. ~. ,., ~,. ~~,. 111 ~r ~ ~ ~ .. _ ~ .,., i ~~ 'J ., ^ • ~ ~ ~, ft T ~ yya n ~~; ~~ a ~ ..„ } ~ 111 ,Q r ,. .~., ~' +..,, ~. ;, , ,~~~' ~~' ~~ ~.. " '~ m ~ lid ,; ;{r1 ~~.'., r !~jr ~ _. .w /~ r~ ~, (~ ~k .~ ~ , ~ ~i ,. ~ . ~, ;:r. ~ ~ ~1 ~. ~~ ~~ err n~~~~r ~~~~ ~,, ,~~ -~. ~ y ~ ,~. ~~~ ~ ~ ~7 ~ ~~~ 1 ~ w ~ ~Vw ~f" ~ j ~~ ~ fir'! ~ ~ ~~ ~ ,rr a `?'' ~... ~~; ~ ~ ~ ..~ ~~"-- "may .. ,M~~ ~l~V ~~ ~ * ~~~ ~Alul~ ~ ~ I;~ ~ r ,r l~." ,r ~ ~ ~ ~ ~ i~ ~ IF , ~^ ~ ~- ~ . i ~ v -i, ~ _... ~ r ~ it s~ " ~_ ~ '""'~'r`"~'r"~G r ~ t -, i may,. ~ r ~ ~ L• 1 Jwi:_ T '+I~ I 1~', [, ~ f 4A r .. - - ~' ! ~ p1N~ ~ _ .......~,r~. ~ ,tom , ~~~ ,~''"F~. ~-~ • - ~ ` ', ~~ ~~ .s.^ r 4 " ~. +~ Y ~ . ~ ~ ~ ~ ~ ~ ' -• iwk ~ ~ r ~ /, fit;.- r ti ~,; ~. .~;,, ~. ?'~ !~ r A ., ~ '. ~~? 1 7w~ .rr ~`[. ~ r ,,' - '~ _.•t~ ~e iit ~!~ ~ ~{ ~ all; #'Y4y"' '~'"':~ ~1 ~~~ ~'S ~ ~1r1~ ~.~.IV ~ils N 1. 7 aafloween Parade 2810 Bud et Expenses: Fiyers $ 200.00 City costs $ 1,1.70.00 kce Cream _ $$ 1 ~~0 $ 2,370.00 Re~enee: Club contribution $ 1,624.00 Df3A Grant $._ 750.4 $ 2,370.00 Kiwanis Club o~ Delray Beach Charities Budget 2010-2011 Income 2010 - 2011 Budge Delray Affair Parking $3,000 City of Delray Beach Grant (Halloween Parade) $650 Cash out of CD in Legacy Bank $1,250 Miscellaneous Income (Donations / Gifts3 5flfl Total Income $5,400 Expenses Monroe Farber Scholarship $1,000 Key Cfub Convention $425 Sigma Gamma Rho Donation $200 Division 21 Projects $200 Christmas Baskets f=ood Purchase $1,900 Builders Club $100 Halloween Parade $400 Sister Cities Donation $150 Annual Gifts for Kiwanis International & 1=LKF $3flfl Sponsored Youth Meals $5fl EPOCH Donation $200 St. Pauls Episcopal Church - Pauis Place $200 Caring Corner - FL K Foundation $200 State of Florida -Fees 75 Total Expenses $5,400 Ctk ~~ - ?c7lo ~ ~i i 62 YE RS 1 ~ ` ' - ` 1 1 1 ~ ~ ' 1 1 ~ `r Kiwanis ~,, Saturday, ct®ber 30th, 0~ 0 ~~Tricdr or Treat The P " ~neapple Gr®ve 1~lerchants on N~ 2nd ~4venue t® ~~' 4th Street and Trick-®r~-Treat The 1Vlerchants ®n ~4tlantic,4venue (Swinton Avenue to the Atlantic Avenue fridge.) (Trick-or-Treat both locations from 11;30 a.m. to 1:00 p.m.) Everyone should then gather on the grounds of Old School Square on the "great Lawn" off of NE 2nd Ave. Parents may accompany the children if desired or small groups may use floats. The Halloween Parade will begin at 1:30 p.m. with all costumed children moving from the Great Lawn to Atlantic Ave. It will then turn east to Veterans Park where all costumed children will be served an ice cream cup. City Parks and Recreation will 6e having "KIDS FEST" at Veterans Park and we should all join the fun. For additional information call Vince at 276-6537. 11:30 a.m, to 1:00 p.m. (both locations} ~~.~ ~~ 1:30 p.m. old School Square to 'Veterans Park Following Parade at Veterans Park Why Don't You Jain the Kiwanis Club? DOWNTOWN OEVI:i.OPM~NT AUTHORITY aryaiDe~arBeacnfbrGda MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.P. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE ITEM BEFORE COMMISSION City Commission is requested to endorse the Delray Beach Holiday Pageant Parade co-sponsored by Parks and Recreation Department and Chamber of Commerce to be held on December 11, 2010 beginning at approximately 6:00 p.m. to 9:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Gleason Street to NW 1st Avenue for the parade route and Lowery, Andrews and Atlantic for parade set up from approximately 4:00 p.m. to 6:00 p.m. Commission is also requested to provide staff support for traffic control, security, EMS assistance, barricading, trash removal, clean up, event signage and processing of the FDOT street closure permit. BACKGROUND Attached is a permit received from Danielle Beardsley requesting approval of this event with a copy of the event site plan and budget. The parade will end on NW 1st Avenue in front of City Hall again this year. Since the event is co-sponsored by the Parks and Recreation Department, there will be no charge per City policy for City costs and a Hold Harmless Agreement or Certificate of Insurance is not required. The estimated costs for the event which include overtime, barricade rental, signage and trash boxes are approximately $12,723. RECOMMENDATION Staff recommends approval of the event, the temporary use permit and staff support as requested with no charges for staff overtime or barricade rental. City of Delray Beach ©~t.anv fi~ACH Special Event Permit An-b-t,er~cacity Application ~ PLEASE TYPE OR PRINT ~ ~~s Zoa1 Event Name/Title: Delray Beach Holiday Parade Event Date(s): December 11, 2090 Times: a:t}p Pm - 9:OO Pm Event SponsorlProdttCer: City of Defray Beach and Delray Chamber of Commerce EVent COntact~Coordlnatot': Danielle Beardsley and Bern Ryan Name: Address: Telephone Number: E-mail Address: 567-243-7277 Cellular Number: 50~-715-8337 Event Description/Purpose; to celebrate the holidays Brief History of Event {If applicable): It's been around for aver 30 years Planned Activities {Ot9tline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): )ust a Parade Number of Individuals Served Previous Year {if applicable): 10,000 +i- Describe the targeted population and expected attendance: Delray Residents and non-residents, families, al[ ages. Page 1 of 5 Page 2 of S Describe haw the program or project addresses community needs; brings people to the downtown area. Describe your Marketing/Promations Program (How will you market/promote, i.e. TV, radio, posters, flyers, '4Veb Sites, Other}: Flyers, press release, website, etc. Sponsor Category (please check} City a Non-ProfitlCharitable ^ Private n Co-Sponsor -Non-Profit/Private n (If Mort profit attac)r proof of SOIc(3), c(4), c(6), C(10), oj• c(19~ or (d) Event Location (Describe area boundaries of eventllocation}: Site plan attached: yes X no (Si.te plan regttrred for erttrre event site. Include locations of tents, stage, portalets, dttmpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (lf yes, attach proof of appraval} Private Property Use: yes no X (Tf yes, attach letter giving authorization from property owner} Event budget Revenue & Expenses attached: (Required for all events) Previous year Revenue/Expense summary attached: (Required for ail events) Do you have cash sponsors for the event; yes x (Indicated on budget) yes x no,~ yes X no_ no Do you have inkind sponsors for the event; yes X Ito {Indicated on budget) C:1Documents and Settingslfleet~ti'oodlDesktoplTemplsgecial went Perrtsit rlpptication FINAL t'X09-I 6.doc Page 3 of 5 Serving ar selling alcoholic beverages: yes no x (If yes, copy of license a~td alcohol liability i~rsuraface required tivo (Z) weeks priaf• to event) Event certificate of insurance attached: yes no x - to toliow (Requij•ed two (2) weeks prior to event i'ta~nirzg tlr!e City ns additioi'ial insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes no x (If yes, attached list of Performers and/ar D7's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes nn Requesting Police assistance: yes X no (traffic control/security) Will supplement with private security: yes no X {If yes, geed plan attaclr!ed) Requesting Emergency Medical assistance: yes x no Requesting barricade assistance: yes X no (If no, how are you handling?) Requesting trash removai/clean up assistance: yes X no (Will be billed to sponsor) Requesting trash boxes/containers and liners: yes x no Requesting stage use: yes no X (,lf yes, check type) Large stage {14' x 36') a Small stage {16' x 21') ^ Half small stage (S' x 21') c~ Requesting signage: yes x no Type: ~1'x~l'Event sign x Parking Signs Bannex• hanging Indicate dates required November 3i) -December 1 i (Waiver required if more tha~z orze (1) 3veek prior to event) Requesting City Portable Generator: yes no X (If yes, size & po~,ver) Food and beverage vendors: yes x no_ If yes, approximate n~arniber One Company providing different carts (Health Department approval required) yes no x C:1Documents and Settingslftcetwoodl~esktoplTeniplSpecial Erent Permit Appiication T~R1A[. PY€19-1.~.doc Page ~ of 5 Other vendors: (Indicate type) yes no x Tents: yes If yes, Hayv many What size ar size required. (If yes, tent persrtits artd fire irtspectiorts may be needed) Will the event include amusement rides: yes no X (If yes, type altd location and copy of liaUility insurance required, also requires state license acrd iltspectiolt.) Will the event be gated: yes no. X (ShO~v alt-Site rltap) Will there be a charge for the event: yes na X (If yes, indicate ticket prices) $ Will there be fireworks or other pyrotechnics: yes no X (If yes, CantaCt Tire Ma1•sltal 10 Olltalrt alld COrlrplete pel'rltlt appllCatlOrrJ Will there be cooking with compressed gas: yes no x (If yes, contact Tire Marshal for irtspectiorrs) Will you be providing port-a-lets for the event: yes no X (If yes, locate o1r-site rnap. If no, indicate ltow you will ,ltalydle restraom steeds) Is reserved parking requested: yes no x (If yes, indicate locations acrd purpose for use) Event Permit Attachments: x Revenue/ExpenseBudgct x RevenuelExpense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status To Fallow General Liability insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement no X C:U]oeurnents and Settingslt7eetwoodlDesktoplTempdSpeciai E~~ent Permit Application 1~iNAL FY(}9-] O.doc Page 5 of 5 Submittal Date Requirements: • Minor Event • Intermediate Event • Major Event • Neighborhood Block Party ~a~rie~~e ~ear~s~e~ 45 days prior to event 90 days prior to event 120 days prior to event 30 days prior to event Event Contractor/Coordinator Please print: Danielle Beardsley August 24, 2D10 Date Please enclose the appropriate non-refitrtdable application fee payable to the City of Delray Beach, 100 N.W. 1St Avenue, Delray Beach, Florida 33444. Required with permit application. For Sfaff Use Only /~ Date Received Application fee received $ ~~~ 1 L':1Dwnmen€s and Settings)#leetw•oodlDesktoplTemplSpecial ~r~ent Permit Application T1NAI. FY(19-I p,doc Greater Delray Beach Chamber of Commerce Statement of Revenues and Expenditures i-rom 10/1/2.009 Through .12/31/2010 ~6i -Holiday Pageant Parade Current Period Actual Income Event Sponsor Rev Total Income Expenses Activities & Events Expense 5900 Awards & Recognitions -Events b105 Printing Expenses -Events 6151 Supplies Purchased -Events b17i Total Expenses 4601 _4,1.00,00 4,100.00 i=xcess of Income over Expeditures 2,349.88 67.63 527,18 58, 58 3,003,27 1,096.73 Date: Page: 2009 Holiday Parade Income Holiday Pageant 761 Parade Event Sponsor 4601 4,400.00 Rev Total Holiday 4,400.00 Pageant Parade. Expenses Holiday Pageant 761 Parade Activities & Events 5900 1,849.88 Expense Awards & 6105 67.63 Recognitions -Events Printing Expenses • 6151 527.18 Events Supplies 6171 58.58 Purchased -Events Total Holiday 2,503.27 Pageant Parade ~~~~ ~ ~ Federa[ Higlnvay South 1 C ® Federal Higi~way North V n u Intracoastal IVaterway rn N ~! ~ ~ ~~ o Venetian Drive ~ Seabreeze Avenue n °0 ~ ~~ o ~~a ~~ rn .~ Gleason St. ,`,;. ~ ~ ~ o ~ ~ ~ .~ r_ ~ ~ ~ ~ ~/ N -~ rt A -+ m r ~ ~ . a ~~ 13579I113I5 17 19 21 23 25 _ •~ 2468 10 12 14 1b 18202224 a, -~ .., ~ Division C Andrews Ave. ~ N MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 27, 2010 SUBJECT: AGENDA ITEM 8.Q. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 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 September 20, 2010 through October 1, 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 Planning and Zoning Board Meetin of~September 20, 2010 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (7 to 0), of a conditional use request to allow the establishment of an automobile body, paint and repair shop for German Auto World, Inc. to occupy 9,075 sq. ft. of a multiple tenant building fronting on West Atlantic Avenue and a 4,848 sq. ft. existing warehouse building located in the rear, at 2175 West Atlantic Avenue. B. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 2.4.7(G) regarding Reasonable Accommodation Request procedures. C. Recommended approval (7 to 0), of a City initiated amendment to several Land Development Regulations replacing references to "Medicines and Prescriptions", "Drugs and Medicine" and "Drug Store" with the term "Pharmacies". D. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 4.3.3 (CELL) to add the term "Medical Clinics" under applicability and to change the category title to "Medical, Professional, Business Offices and Medical Clinics". E. Recommended approval (7 to 0), of a City initiated amendment to the Land Development Regulations Section 6.3.3, amending the "Sidewalk Cafe" regulations. F. Determined on a 7 to 0 vote that the proposed CIl' (Capital Improvement Plan) is consistent with the Comprehensive Plan. This item was forwarded to the City Commission on September 21, 2010. G. Recommended approval (7 to 0), of the application for a Florida Recreation Development Assistance Grant (FRDAP) which will include the installation of a splash pad, benches, umbrellas, and tables for Pompey Park Pool Improvements (1101 NW 2nd Street). Site Plan Review and A~earance Board Meetin of~Se~tember 22, 2010 1. Tabled (6 to 0, Nick Sadowsky arrived late), a request for a color change for Iberia Bank, located on the south side of SE 9th Street, between SE 5th Avenue and SE 6th Avenue (900 SE 5th Avenue). 2. Approved (6 to 0, Rustem Kupi stepped down), atwenty-four (24) month extension (expiring October 14, 2012), for the Class IV site plan modification approval associated with the expansion of the Delray Beach Marriott Hotel, located at the northwest corner of Ocean Boulevard and East Atlantic Avenue (10 North Ocean Boulevard). (a) Approved (6 to 0), a Class I site plan modification and architectural elevation change associated with the addition of a temporary modular kitchen located on the upper level parking area of the Delray Beach Marriott Hotel. 3. Approved (7 to 0), a Class I site plan modification and architectural elevation change associated with the installation of a new awning, new light fixture and color change for Dunkin Donuts, located at the southwest corner of West Atlantic Avenue and Whatley Road. 4. Denied (7 to 0), a Class I site plan modification and architectural elevation change associated with the installation of an awning over the third floor stair case and the construction of an impact resistant glass solarium on the third floor for Atlantic Ocean Club, located at the northwest corner of East Atlantic Avenue and Railroad Avenue (217 & 219 East Atlantic Avenue). The Board however, recommended that the City Commission approve a waiver request on a 4 to 3 vote (Shane Ames, Scott Porten and Svetlana Simon dissenting) to allow a reduction of the building frontage setback at 5' from 38' to 20'. 5. Approved (7 to 0), a Class I site plan modification and landscape plan associated with the construction of a new gatehouse and round-about, the installation of new landscaping and handscape improvements for DelAire Country Club, located on the east side of Military Trail, south of Linton Boulevard (4646 White Cedar Lane). 6. Approved (7 to 0), a Class III site plan modification and architectural elevation associated with the conversion of 342 square feet of retail to restaurant, the addition of bi-fold doors, the addition of bay windows, faux balconies and new awnings for Beluga Restaurant and Wine Bar, located at the northwest corner of SE 2nd Avenue and SE 1st Street (44 SE 2nd Avenue). 7. Approved (4 to 3, Shane Ames, Rustem Kupi and Nick Sadowsky dissenting), a Class V site plan associated with the construction of a 13-space public parking lot for the 46 SW 9th Avenue Parking Lot, located at the northwest corner of SW 9th Avenue and SW 1st Street. The landscape plan was approved on a 7 to 0 vote. 8. Approved (7 to 0), a Class V site plan and landscape plan fora 21-space public parking lot for the 57 SW 5th Avenue Parking Lot, located south of West Atlantic Avenue between SW 4th Avenue and SW 5th Avenue. Concurrently, the Board recommended that the City Commission approve the following waivers: • A waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior drive aisle from 24 feet to 20 feet. • A waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce minimum stacking distance to T where 20' is required. • A waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from 5' to 1' 8" on the south and 3' 4 i/z" on the north. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~ CITY COMMISSION MEETING - - - - _~T,~~~~~T _ _ _ _ N , ' z~ ~ ~~ ~ OCTOBER 5 2010 LOCATION MAP U~,~ ~n~~~ i ~ ~ ~F~ acn~E ~ PLANNING AND ZONING DEPARTMENT SPRAB: ~. IBERIA BANK 2. DELRAY BEACH MARRIOTT EXPANSION 2. DELRAY BEACH MARRIOTT ROOFTOP KITCHEN ~. DUNKIN DONUTS 4. ATLANTIC OCEAN CLUB 5. DEL.AI.RE COUNTRY CLUB 6. BELUGA RESTAURANT 7. 46 SW 9TH AVENUE PARKING LOT 8. 57 SW 5TH AVENUE PARKING LOT -- D/GITA[ BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\10-5-10 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: September 17, 2010 SUBJECT: AGENDA ITEM 8.R.1 -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 CONTRACT AWARD/OVIVO USA, LLC ITEM BEFORE COMMISSION Request an award to Ovivo USA, LLC in the amount of $46,639.00 for removing and rebuilding the drive motor assembly on Clarifier #1 at the Water Treatment Plant. Ovivo represents the equipment manufacturer for the turbine drive motor assembly. BACKGROUND During the early part of September 2010, Water Treatment Plant operators noticed a slight vibration within the turbine drive motor assembly at Clarifier Unit #1. Staff contacted the unit's manufacturer, EIMCO Water Technologies, to come and evaluate the unit's condition. Initial onsite evaluation indicates a worn bearing. To repair the unit involves its removal, transportation to a locally authorized facility, and standard rebuild of the drive assembly. Ovivo USA, LLC (formerly EIMCO Water Technologies) provided a quote in the amount of $46,639.00 for performing a standard rebuild of the turbine drive unit. The scope of work includes removal, transport and reinstallation of the drive unit, replacing bearings, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fittings. The duration of work is estimated at three weeks. Ovivo USA, LLC is considered a sole source vendor as the successor equipment manufacturer. The rebuilt unit will have a standard one year warranty. FUNDING SOURCE Funding is proposed from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment, in the amount of $46,639.00, after budget transfer. RECOMMENDATION Staff recommends award to Ovivo USA, LLC in the amount of $46,639.00 for the removal and rebuilding of the drive unit assembly on Clarifier #1 at the Water Treatment Plant. Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 1 of 10 i.. _ ~~o PREPARED FOR City of Delray Beach, FL WTP 200 SW 6t'' Street Delray Beach, FL 33444 561-243-7318 561-243-7316 Fax Attention: Mr. John Bullard AREA TSC-Jacobs REPRESENTATIVE 11021 Countryway Blvd. Tampa, FL 33626 813-888-5556 Attention: Todd Rubens PROJECT: Rebuild the turbine drive (C72P) EIMCO 65~ dia. Reactor Clarifier Serial # 22695-O1 PREPARED BY Ovivo USA, LLC 4255 Lake Park Blvd. -Suite 100 Salt Lake City, Utah 84120-8201 Terry A. Reyburn Phone (801) 931-3239 Fax (801) 931-3090 terry.reyburn(c~ovivowater.com PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.wm pg19-1 Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 2 of 10 a a ~ ~i 114AA~ The new name is: ~Vlv~ V ~.7A, LLC. www.ovivowater.com PROPOSAL pg19-2 Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 3 of 10 PROJECT SUMMARY: Ovivo is pleased to provide the following proposal to rebuild (1) existing EWT C72P Turbine drive unit. This price includes the removal and re-installation of this drive after the rebuild process is complete. The Reactor Clarifier is a 65' dia. tank with the Serial Number 22695-01. Rebuild Worm drive for a C72P Turbine only: Scope of Work: EWT will provide materials and labor to perform a standard rebuild of the existing C72P drive at our Florida authorized rebuild center as follows: Disassemble and Inspect • Completely disassemble drive into individual parts and components. • Steam clean and inventory all parts. • Provide an evaluation report indicating the condition of all parts and sub-components and recommendations for the scope of the rebuild. Report shall be available within (2) weeks after receipt of customer's equipment in the Ovivo rebuild center. • Provide a firm quote based on the evaluation report findings and recommendations. Standard Rebuild • Blast clean bases, main gear, housings, covers, and end cap. Machined surfaces are not blasted. • Replace all wear items i.e. bearings, seals, gaskets, keys, retaining rings, grease fittings, gauges, piping and fasteners. • Deburr and hand dress teeth of all gearing, pinions, worm gear assemblies, worms and shafts. • Polish all shafts. • Completely re-assemble, paint and inspect equipment. Tnemec 161 epoxy sky blue paint @ (4 mils DFT and an SP-6 blast will be applied as a standard. • Test run the rebuilt equipment under a no load condition. • Warranty parts and workmanship for (1) year. Non- Standard Rebuild items- NOT included • Replacement of gears, pinions or housings if required • Replacement of gearmotors or rebuild. (the gearmotor for the turbine shall be re-used) • Replacement of precision bearings (the precision bearing for the turbine will be re-used) • Special paint • Replace torque transmitter, if required • New operation and maintenance manual PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 pg 19 - 3 www.ovivowater.com a a ~ ~i Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 4 of 10 Note: Price based on a typical (standard) rebuild and does not include the replacement of major components. If these items are in need of replacement they will need to be added to the order. Labor Services: EWT will supply supervision, labor, service and equipment necessary to complete this rebuild project. We include: • Site mobilization • Removal of the existing turbine drive • Rebuilding of existing turbine drive • Re-installation of newly rebuilt turbine drive unit • Support of superstructure as needed • Crane, Mats, rigging and related equipment • Demobilization of personnel and equipment. • Rake and drive re-leveling • One shift, 10 hours per day We do not include: • Draining, cleaning and filling of tank • Lubrication for drive units • Electrical connections or disconnection. • Over-time work hours • Disposing of old debris. Drive rebuild & Labor Services ............................................................ $46,639.00 Price is based on locating the crane adjacent to the tank. EWT anticipates 2 days to remove the drive, 1-2 weeks to rebuild it and 2 days to re-install & re- levelthe drive. DELIVERY Ovivo intends to ship all Products as indicated above after receipt of approved purchase order from Purchaser. However, the date of shipment of the Products represent Ovivo's best estimate, but is not guaranteed, and Ovivo shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in accordance with the delivery terms stated in this proposal. If such delivery is prevented or postponed PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com pg19-4 a a ~ ~i Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 5 of 10 by reason of Force Majeure, as defined in Ovivo's standard terms and conditions of sale, Ovivo shall be entitled at its option to tender delivery to Purchaser at the point or points of manufacture, and in default of Purchaser's acceptance of delivery, to cause the Products to be stored at such a point or points of manufacture at Purchaser's expense. Such tender, if accepted, or such storage, shall constitute delivery for all purposes of this proposal. If shipment is postponed at request of Purchaser, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from Ovivo that the Products are ready for shipment. Handling, moving, storage, insurance and other charges thereafter incurred by Ovivo with respect to the Products shall be for the account of Purchaser and shall be paid by Purchaser when invoiced. PRICING TERMS All prices quoted are in US Dollars. Prices are good for 45 days. After expiration of the pricing effective period, prices will be subject to review and adjustment. Prices quoted are FOB point of shipment, with freight included to an accessible point nearest the jobsite. Federal, state or local sales, use or other taxes are not included in the sales price. PRICE ESCALATION The prices submitted are based upon Purchaser's acceptance of this proposal by October 31, 2010. PAYMENT TERMS Payment terms are: One hundred percent (100%) payment due within thirty (30) days after Purchaser's receipt of invoice upon completion of the work. Credit is subj ect to acceptance by the Ovivo Credit Department. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.wm pg 19-5 Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 6 of 10 a a ~ ~i If Purchaser requests or causes cancellation, suspension or delay of Ovivo's work, Purchaser shall accept transfer of title and pay Ovivo all appropriate charges incurred up to date of such event plus all charges related to storage, disposition and/or resumption of work. Full payment for all work shall be due and payable thirty (30) days from the date work is placed into storage. TAXES Federal, State or local sales, use or other taxes are not included in the sales price. BACKCHARGES In no event shall Purchaser/Owner do or cause to be done any work, purchase any services or material or incur any expense for the account of Ovivo, nor shall Ovivo be responsible for such work or expenses, until after Purchaser/Owner has provided Ovivo's PROJECT MANAGER full details (including estimate of material cost and amount and rate of labor required) of the work, services, material or expenses, and Ovivo has approved the same in writing. Ovivo will not accept Products returned by Purchaser/Owner unless Ovivo has previously accepted the return in writing and provided Purchaser/Owner with shipping instructions. YYPURCHASE ORDER SUBMISSIONYY In an effort to ensure all purchase orders are processed timely and efficiently, please submit all purchase order documentation to the following department and address: Attn: Order Entry Administrator Ovivo USA, LLC 4255 Lake Park Blvd., Suite 100, Salt Lake City, Utah 84120 Fax #: 801-931-3080 Tel. #: 801-931-3000 PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com pg19-6 Proposal No. Q04587-TAR Proposal Date: September 14, 2010 ~~~~ ~ Page 7 of 10 ADDITIONAL FIELD SERVICE When included and noted in the Product pricing of each proposal item, Ovivo will supply the service of a competent field representative to inspect the completed installation and adjustment of equipment, supervise initial operation, and instruct Owner's personnel in the operation and maintenance of each proposal item for the number of eight (8) hour days. Notwithstanding Ovivo's performance of the above-referenced services, Ovivo shall not be held liable for any faulty workmanship or other defects in the Products' installation, or for other goods and/or services, performed by third parties unless such goods and/or services are expressly included under Ovivo's scope of work. If additional service is required, it will be furnished to the Purchaser and billed to him at the current rate for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. It shall be the Purchaser's responsibility to provide for all necessary lubrication of all equipment prior to placing equipment in operation. All equipment must be in operating condition and ready for the Field Service Engineer when called to the project location. Should the Contractor not be ready when the Field Service Engineer is requested or if additional service is requested, the Ovivo current service rates will apply for each additional day required, plus travel and lodging expenses incurred by the service personnel during the additional service days. SURFACE PREPARATION AND PAINTING GENERAL INFORMATION If painting the Products is included under Ovivo's scope of work, such Products shall be painted in accordance with Ovivo's standard practice. Shop primer paint is intended to serve only as minimal protective finish. Ovivo will not be responsible for condition of primed or finished painted surfaces after equipment leaves its shops. Purchasers are invited to inspect painting in our shops for proper preparation and application prior to shipment. Ovivo assumes no responsibility for field service preparation or touch-up of shipping damage to paint. Painting of fasteners and other touch-up to painted surfaces will be by Purchaser's painting contractor after mechanism erection. Clarifier motors, gear motors and center drives shall be cleaned and painted with manufacturer's standard primer paint only. It is our intention to ship major steel components as soon as fabricated, often before drives, motors and other manufactured components. Unless you can insure that shop primed steel shall be field painted within thirty (30) days after arrival at the jobsite, we encourage you to purchase these components in the bare metal (no surface prep or primer) condition. Ovivo cannot accept responsibility for rusting or deterioration of shop applied prime coatings on delivered equipment if the primed surfaces have not been field painted within thirty (30) days of arrival at the jobsite using manufacturers' standard primers. Other primers may have less durability. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.com P9 ~ 9 - ~ Proposal No. Q04587-TAR Proposal Date: September 14, 2010 Page 8 of 10 GENERAL ITEMS NOT INCLUDED Unless specifically and expressly included above, prices quoted by Ovivo do not include unloading, hauling, erection, installation, piping, valves, fittings, stairways, ladders, walkways, grating, wall spools, concrete, grout, sealant, dissimilar metal protection, oakum, mastic, field painting, oil or grease, electrical controls, wiring, mounting hardware, welding, weld rod, shims, leveling plates, protection against corrosion due to unprotected storage, special engineering, or overall plant or system operating instructions or any other products or services. MANTTAT,~ The content of any and all installation, operation and maintenance or other manuals or documents pertaining to the Products are copyrighted and shall not be modified without the express prior written consent of Ovivo. Ovivo disclaims any liability for claims resulting from unauthorized modifications to any such manuals or other documents provided by Ovivo in connection with the Project. WARRANTY AND CONDITIONS Ovivo standard Terms and Conditions of Sale, QFORMEWT 0115-02031 is attached and made an essential part of this proposal. These terms and conditions are an integral part of Ovivo's offer of Products and related services and replace and supersede any terms and conditions or warranty included in Purchaser or Owner requests for quotation or specifications and cannot be changed without written approval from an authorized representative of Ovivo. CONFIDENTIALITY To the extent allowed by applicable law, the contents of this proposal are confidential and shall be used by Purchaser and/or Owner only for the purpose of evaluating Ovivo's offer of goods and services in connection with the Project. Purchaser/Owner shall not disclose the contents of this proposal to any third party without the prior written consent of Ovivo. Attachments: Ovivo USA, LLC General Terms and Conditions, QFORMEWT 0115-02031 Rev H Ovivo USA 2010 North American Field Service Rate Schedule PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3239 • Fax: (801) 931-3090 www.ovivowater.wm pg 19 - 8 TERMS CONDITIONS Proposal No. 09142010 - TBM Proposal Date: September 14, 2010 Page 9 of 10 1. ACCEPTANCE. The proposal of Ovivo USA, LLC ("SELLER"), as well as these terms and conditions of sale (collectively the "Agreement"), constitutes SELLER'S contractual offer of goods and associated services, and PURCHASER'S acceptance of this offer is expressly limited to the terms of the Agreement The scope and terms and conditions of this Agreement represent the entire offer by SELLER and supersede all prior solicitations, discussions, agreements, understandings and representations between the parties. Any scope or terms and conditions included in PURCHASER'S acc eptanc e/purchase order that are in addition to or different from this Agreement are hereby rejected. 2. DELIVERY. Any statements relating to the date of shipment of the Products (as defined below) represent SELLER'S besrt estunate, but is not guaranteed, and SELLER shall not be liable for any damages due to late delivery. The Products shall be delivered to the delivery point or points in acwrdanc e with the delivery terms stated in SELLER'S proposal. if such delivery is prevented or postponed by reason of Force Majeure (as defined below), SELLER shall be entitled at its option to tender delivery to PURCHASER at the point or points of manufacture, and in default of PURCHASER'S acceptance of delivery to cause the Products to be stored at such a point or points of manufacture at PURCHASER'S expense. Such tender, if ac;c;epted, or such storage, shall constitute delivery for all purposes of this agreement if shipment is postponed at request of PURCHASER, or due to delay in receipt of shipping instructions, payment of the purchase price shall be due on notice from SELLER that the Products are ready for shipment Handling, moving, storage, insurance and other charges thereafter incurred by SELLER with respect to the Products shall be for the account of PURCHASER and shall be paid by PURCHASER when invoic ed. 3. TITLE AND RISK OF LOSS. SELLER shall retain the fullest right, title, and interest in the Products to the extent permitted by applicable law, including a security interesrt in the Products, until the full purchase price has been paid to SELLER. The giving and accepting of drafts, notes and/or trade acceptances to evidence the payments due shall not constitute or be construed as payment so as to pass SELLER'S interesrts until said drafts, notes and/or trade ac c;eptances are paid in full. Risk of loss shall pass to PURCHASER at the delivery point. 4. MECHANICAL WARRANTY. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and parts manufachued by it and provided to PURCHASER (collectively, "Products") shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from shipment if any of SELLER' S Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER, EX WORKS SELLER'S FACTORIES or other location that SELLER designates, any Product or parts thereof returned to SELLER, which exainu~ation shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be unpracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER'S job site to inspect the Product. if it is determined after inspection that SELLER is liable under this warranty to repair or replace the Product or part thereof, SELLER shall bear the transportation costs of (a) returning the Product to SELLER for inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this waranty, PURCHASER shall pay those costs. For SELLER to be liable with respect to this warranty, PURCHASER must make its claims to SELLER with respect to this waranty in writing no later than thirty (30) days after the date PURCHASER discovers the basis for its warranty claim and in no event more than thirty (30) days after the expiration of the Warranty Period. In addition to any other lunitation or disclauner with respect to this warranty, SELLER shall have no liability with respect to any of the following: (i) failure of the Products, or dxunages to them, due to PURCHASER'S negligence or willful iniSC;onduc;t, abuse or unproper storage, installation, application or maintenance (as specffied in any manuals or written instmctions that SELLER provides to the PURCHASER); (u~ any Products that have been altered or repaired in any way without SELLER' S prior written authorization; (iii) The costs of dismantling and reinsrtallation of the Products; (iv) any Products damaged while in transit or otherwise by accident; (v) decomposition of Products by chemical action, erosion or wrrosion or wear to Products or due to wnditions of temperature, moisture and dirt; or (vi) claues with respect to parts that are consumable and normally replaced during maintenanc e such as filter media, filter drainage belts and the like, except where such parts are not performing to SELLER'S estimate of normal service life, in which case, SELLER shall only be liable for the pro rata cosrt of replacement of those parts based on SELLER' S estunate of what the remaining service life of those parts should have been; provided, that failure of those parts did not result from any of the matters listed in clauses (i~ through (v) above. With regard to third-party parts, equipment, accessories or components not of SELLER'S design, SELLER'S liability shall be lunited solely to the assignment of available third-party warranties. THE PARTIES AGREE THAT ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHETHER WRITTEN, ORAL OR STATUTORY, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW. All warranties and obligations of SELLER shall tennh~ate if PURCHASER fails to perform its obligations under this Agreement including but not limited to any failure to pay any charges due to SELLER SELLER'S quoted price for the Products is based upon this warranty. Any increase in warranty obligation maybe subject to an increase in price. 5. PAINTING. The Products shall be painted in accordance with SELLER'S standard practice, and purchased items such as motors, controls, speed reducers, pumps, etc., will be painted in ac c;ordanc e with manufacturers' standard practices, unless otherwise agreed in writing. G. DRAWINGS AND TECHNICAL DOCUMENTATION. When PURCHASER requests approval of drawings before coimnenc ement ofmanufacture, shipment may be delayed if approved drawings are not returned to SELLER within fourteen (14) days of receipt by PURCHASER of such drawings far approval. SELLER will furnish only general arrangement, general assembly, and if required, wiring diagrams, erection drawings, installation and operation-inaintenanc;e manuals for SELLER'S equipment (in English language). SELLER will supply six (~ complete sets of drawings and operating instructions. Additional sets will be paid for by PURCHASER Electronic files, if requested from SELLER, will be provided in pdj,: jpg or tij'farmat only. 7. SET OFF. This Agreement shall be completely independent of all other contracts between the parties and all payments due w SELLER hereunder shall be paid when due and shall not be setoff or applied against any money due or clauned to be due from SELLER w PURCHASER on acwunt of any other transaction or claun. & SOFTWARE. PURCHASER shall have a nonexclusive and nontransferable license to use any information proc;essirig program supplied by SELLER with the Products. PURCHASER acknowledges that such programs and the information wntained therein is Confidential Information and agrees: a) not to copy or duplicate the program except for archival or security pwposes; b) not to use the program on any wmputer other than the computer with which it is supplied; and c) to lunit ac cress to the program to those of its employees who are nec;esSary to permit authorized use of the program PURCHASER agrees to execute and be bound by the terms of any software lic en.Se applicable to the Products supplied. 4 PATENT INDEMNITY. SELLER will defend at its own expense any suit instituted against PURCHASER based upon claims that SELLER'S Product hereunder in and of itself wnstitutes an infringement of any valid apparatus claues of any United States patent issued and existing as of the date of this Agreement, if notified promptly in writing and given all information, assistance, and sole authority to defend and settle the same, and SELLER shall indemnfy the PURCHASER againsrt such clahns of infringement. Furthermore, in case the use of the Products is enjoined in such suit or in case SELLER otherwise deems it advisable, SELLER shall, at its own expense and discretion, (a) procure for the PURCHASER the right to continue using the Products, (b) replace the same with non-infringh~ Products, (c) modify the Product so it becomes non-infringing, or (d) remove the Products and refund the purchase price less freight charges and depreciation. SELLER shall not be liable for, and does not indemnify PURCHASER far, any claim of infringement related to (a) the use of the Products for any purpose other than that for which it was furnished by SELLER, (b) compliance with equipment designs not ftuxushed by SELLER or (c) use of the Products in combination with any other equipment The foregoing s[-ates the sole liability of SELLER far patent infringement with respect to the Products. 10. CANCELLATION. PURCHASER may terminate this Agreement for convenience upon giving SELLER thirty (30) days prior written notice of such fact and paying SELLER for all wsrts and expenses incurred by it in performing its work and closing out the same plus a reasonable profit thereon. 11. INSPECTION. PURCHASER is entitled to make reasonable inspection of Products at SELLER'S Facility. SELLER reserves the right to determine the reasonableness of the request and to select an appropriate tune for such inspection. All vests of inspections not expressly included as an itemized part of the quoted pric e of the Products in this Agreement shall be paid by PURCHASER 12. WAIVER Any failure by SELLER to enforce PURCHASER'S strict performance of any provision ofthis Agreement will not constitute a waiver of its right to subsequently enforc e such provision or any other provision ofthis Agreement. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd. • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.win pg19-9 ~~ r-. TERMS Proposal No. 09142010 - TBM & Proposal Date: September 14, 2010 CONDITIONS Page 10 of 10 19. COMPLIANCE WITH LAW S. ff applicable laws, ordinances, regulations or conditions require anything different from, or in addition to, that called for by this Agreement, SELLER will satisfy such requirements at PURCHASER'S written request and expense. 20. FORCE MAJEURE. if SELLER is rendered unable, wholly or in material part, by reason of Force Majeure to carry out any of its obligations hereunder, then on SELLER'S notice in writing to PURCHASER within a reasonable time after the occurrence of the cause relied upon, such obligations shall be suspended "Force Majeure" shall include, but not be limited to, acts of God, laws and regulations, strHces, civil disobedience or uni~st, lightn'ng, fire, flood, washout, storm, communication lines future, delays of the PURCHASER or PURCHASER'S subcontractors, breakage or accident to equipment or machinery, wars, police actions, terrorism, embargos, and any other causes that are not reasonably within the control of the SELLER if the delay is the result of PURCHASER'S action or inaction, then in addition to an adjustment in tune, SELLER shall be entitled to reunbursement of cosrts incurred to maintain its schedule. 21. INDEPENDENT CONTRACTOR It is expressly understood that SELLER is an independent contractor, and that neither SELLER nor its principals, partners, parents, subsidiaries, affiliates, employees or subcontractors are servants, agents, partners, joint ventures or employees of PURCHASER in any way whatsoever. 22. SEVERABILITY. Should any portion of this Agreement, be held to be invalid or unenforceable under applicable law then the validity of the remaining portions thereof shall not be affected by such invalidity or unenforeeability and shall remain in full fort e and effect. Furthermore, any invalid or unenforceable provision shall be modified ac;c;ordingly within the wnfines of applicable law, giving inaxunuin penniSSible effect w the parties' intentions expressed herein. 23. LIMITATION ON LIABILITY. TO THE EXTENT PERMISSIBLE BY LAW, SELLER SHALL HAVE NO FURTHER LIABILITY IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF THE COST OF CORRECTING ANY DEFECTS, OR IN THE ABSENCE OF ANY DEFECT, IN EXCESS OF THE VALUE OF THE PRODUCTS SOLD HEREUNDER NOTWITHSTANDING ANY LIABILITIES OR RESPONSIBILITIES ASSUMED BY SELLER HEREUNDER, SELLER SHALL IN NO EVENT BE RESPONSIBLE TO PURCHASER OR ANY THIRD PARTY, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF PLANT SHUTDOWN, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, SERVICE INTERRUPTIONS, COST OF PURCHASED OR REPLACEMENT POWER, COST OF MONEY, LOSS OF USE OF CAPITAL OR REVENUE OR ANY OTHER INDIRECT, INCH)ENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL LOSS OR DAMAGE, WHETHER ARISING FROM DEFECTS, DELAY, OR FROM ANY OTHER CAUSE WHATSOEVER REVISION DATE' -MARCH 5, 2009 pg 19 - 10 NORTH AMERICAN FIELD SERVICE RATE SHEET Effective January 2010 Standard (Travel) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Standard (Labor) Daily Rate (8 hour day) $ 1,000.00 Hourly Rate (4 hour minimum) $ 125.00 Saturday Daily Rate (8 hour day) $ 1,500.00 Hourly Rate (4 hour minimum) $ 187.50 Sundays/Holidays * Daily Rate (8 hour day) $ 2,000.00 Hourly Rate (4 hour minimum) $ 250.00 Overtime ** Hourly Rate -Standard Day $ 187.50 Hourly Rate -Weekends & Holidays $ 250.00 * Except Christmas Day and New Years Day ** For all hours worked over eight (8) hours per day UNLESS OTHERWISE ARRANGED; EXPENSES ARE CHARGED AT ACTUAL COST PLUS 10% Please Note: • All of the rates provided are portal to portal. In addition, travel and living expenses will be invoiced at actual cost PLUS 10 % and documentation will be provided for these expenses. If a fixed Per Diem rate is required, it will be charged at $200.00 per day (lodging and meals) with the exception of the East Coast where the price will be $250.00). Travel on Saturday, Sunday or Holidays, and after 8 hours per day will be billed at the overtime rate. • Use of Ovivo Fleet vehicles for travel will be charged at the rate of $0.50 per mile. PROPOSAL Ovivo USA, LLC 4255 Lake Park Blvd • Suite 100 • Salt Lake City, Utah 84120-8201 USA Tel: (801) 931-3000 • Fax: (801) 931-3080 www.ovivowater-.wm pg 19- 11 CLARIFIER UNIT #1 0 O ® 9 ~~Y ~ I~ D fl~L c Z ~ ~AffB DIE p w ~ p O ® 0 ~ ® ~1 ' vi 4 ~ B~._P E o 8 ^ o 0 r7 0 o u o ~ , ~ ® ~ SMI. 81H ST. 0 N ~ _ M N ~ t.'~ ~ /~ ~ 91tlIIDtl& ~- \~ (n 1~641EtlI ]BFA-IQII UNT N0. l UNR ND. 3 O Illll~tlFB ]tl~ ~~-E ~ 000 g o N~- 1 NQ 1 ~ $ U _ ~ ~ 10D,000 GN.S. ^ + ^ o_ ^ (~ 9ns ~ooo O U 3 U ~ • N O E SML 71H S1REEf a> .` v I a~ z~ .` WATER TREATMENT PLANT 200 S.W. 6TH ST. 0 N U N O C ,~ CITY of DELRAY BEACH CLARIFIER #1 DATE:09/29/2010 d ENVIRONMENTAL SERVICES DEPARTMENT DRIVE MOTOR REBUILD ®®~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaranA s344a 2011-064 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 8.R.2 -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 PURCHASE AWARD/CARTEGRAPH SYSTEMS, INC. ITEM BEFORE COMMISSION This item is a request for Commission approval of an agreement between the City and Cartegraph Systems, Inc. for licensing, installation and training for the WORKdirector work order module of the Cartegraph asset management system for a total cost of $33,650. BACKGROUND In efforts to increase infrastructure program efficiencies from both operating and maintenance perspectives, staff, in concert with Spatial Focus, our GIS consultant, has developed a recommendation for acquiring a comprehensive asset management system. A series of thirteen (13) software packages were evaluated against a comprehensive set of parameters developed through interviews with City staff to define specific needs and operational protocols. An executive summary of the product evaluation process report is attached. Of the products reviewed, seven (7) were selected for conformance with the established parameters, and two were considered viable. Products offered by Cartegraph and InfoWorks provided functions and features most compatible with the City's requirements. After viewing demonstrations of both products, staff determined that Cartegraph is the most conventional choice for a flexible system that can be extended to additional City departments as needed. It has the advantage of having the most comprehensive asset management component, as well as being the most tightly integrated with GIS. The SewerView module produces pipe profiles and interfaces directly with the video imagery, and the WorkDirector module provides a flexible, customizable work order system. StormView manages NPDES data. The system as a whole allows for both interface and database customization at will. Cartegraph can be mobile either by checking out a license to a laptop, or by using the VersaTools developer toolbox to create custom interfaces. While our ultimate goal is to implement the entire range of modules for the complete asset management system from Cartegraph, our immediate requirement is the replacement of the variety of independent divisional work order systems currently being used throughout the department with a single uniform work order system for use department wide that will create and maintain the database of maintenance activities necessary for successful asset management functions. Our current request, then, is for the purchase of the WORKDirector module of the cartegraph asset management system. This will provide immediate efficiencies throughout the department through improvments to work flow protocols and communications, and will provide the platform for expansion to the full asset management system in the future. REVIEW BY OTHERS The evaluation report by Spatial Focus has been reviewed by the IT department as has the Cartegraph system requirements. FUNDING SOURCE Funding for this purchase is available in water and sewer account #441-5161-536-66.10, Software (after budget transfer). RECOMMENDATION Staff recommends approval. EXHIBIT A °''r ~~ d, v ~ , To: Robert Mickla Organization: City of Delray Beach From: Greg Malm Date: September 21, 2010 RE: Cartegraph Sales Proposal Attached, please find a proposal from your Sales representative at Cartegraph Systems, Inc. We are pleased with the prospect of serving you and hope this meets with your approval. Should the products and/or services and the associated pricing terms be agreeable to you as stated, please sign in the area indicated and return all pages of the proposal to Cartegraph by one of the following means: • By email -administration@cartegraph.com • By fax - (563)556-8149, Attn: Administration • By mail -Cartegraph Attn: Administration 3600 Digital Drive Dubuque,lA 52003 Please be aware that in order for Cartegraph to process an order, we must receive all of the following items: ~ Fully-executed Cartegraph proposal returned in its entirety ~ Approved Purchase Order from your organization Should you have any questions about the contents of the proposal, please contact your Sales representative at (800) 688-2656. Thank you! Cartegraph Systems, Inc. Software and Services Proposal C1008012 Prepared for City of Delray Beach, FL September 21.2010 Cartegraph Systems, Inc. ~ 3600 Digital Drive ~ Dubuque, Iowa 52003 800.688.2656 ~ 563.556.8120 ~ 563.556.8149 fax www.cartegraph.com F ~ M _ J ~ ~ Y ,. _~/ w .~ Software and Services Proposal ....................................................................... 4 Scope of Project ...................................................................................4 Software Products ....................................................................................... 4 Project Services ......................................................................................... 5 Customer Responsibilities .............................................................................. 6 Investment Summary ..............................................................................7 Software Subscription, Maintenance and Support Services Terms/Renewal .................... 8 Payment Terms and Conditions ........................................................................ 8 General Terms ......................................................................................9 C1008012 3 City of Delray Beach, FL Software and Services Proposal September 21, 2010 Cartegraph is pleased to present this proposal for the implementation of world class technology solutions in your organization. This Proposal is made and entered into between City of Delray Beach, hereinafter referred to as "Customer" or "Licensee," whose address is noted below, and Cartegraph Systems, Inc., 3600 Digital Drive, Dubuque, Iowa 52003, hereinafter referred to as "Cartegraph." Customer address: Licensee address: City of Delray Beach Same 434 S. Swinton Ave. Delray Beach, FL 33444 Software Products Cartegraph Software Subscription Plan Cartegraph shall provide and deliver licenses to use the Software Products and in the quantities listed in the Investment Surr~rr~ary. Software Products are developed and supported products available from Cartegraph. Cartegraph will provide these Software Products to Customer in their standard form and at the most current generally available release version level published at that time of installation. The Cartegraph Software Subscription Plan provides the following benefits for the term of your subscription: 1. Use of Cartegraph subscription software including all enhancements and updates. Subscriptions are governed by a license manager and must be renewed prior to the expiration date of the term in order to keep the software active. 2. Comprehensive telephone and online technical support. Customer will receive unlimited toll-free support via phone, fax or e-mail through the Cartegraph Help Desk for technical issues relating to the use of the licensed software. Telephone support will be available Monday through Friday between the hours of 7:30 a.m.-530 p.m. Central time by dialing 800- 688-2656, ext. 6200. You can also submit questions/issues via fax at 563-556- 8149, or by email to support@carte~raph.com. Problem resolution using remote software tools, as applicable. Cartegraph utilizes a variety of methods/tools for remote diagnostics of client systems: a. Microsoft LiveMeeting enables users to collaborate online with Cartegraph's Technical Support staff in real time between individuals or groups. b. Citrix GoTo Assist enables users to click a link on the Cartegraph web site, allowing direct connection with Cartegraph's Technical Support staff. c. Cartegraph staff can also VPN in to client networks with appropriate authorization. d. Clients can email their Application Log and trace files so that Cartegraph staff can review how the system was being used before an issue arose. e. Cartegraph's password-protected FTP site can also be used for client data communication. 4. Notification of the availability of software enhancements and upgrades. 5. Support assistance with software upgrades. Cartegraph Help Desk support staff will answer your questions and guide you through the process to upgrade your software to the latest release. 6. Access to apassword-protected, clients-only web site. The Client Support Center at www.cartegraph.com includes online access for reporting and tracking your cases, product troubleshooting information, software downloads, training opportunities, and access to knowledgebase articles. 7. lee web-based training opportunities. An ongoing schedule of WEBed training sessions on topics such as Forms & Filters, Data Entry Options, Getting Started with Work Management, Reporting Options and more is available at the clients-only Client Support Center web site at no additional charge. C1008012 4 City of Delray Beach, FL September 21, 2010 8. lee attendance at regional User Group meetings. Cartegraph holds User Group meetings throughout North America each year and Software Subscription Plan clients can attend free of charge. These events bring current users together to share their experiences and provide additional training opportunities. 9. Special registration discounts to other Cartegraph conferences and workshops. Project Services Cartegraph shall provide the following Project Services to implement and deploy the Software Products listed below. Cartegraph Services staff will contact the designated Customer project administrator to develop an agenda for the best use of the service hours/days. WORKdirector GEODATAconnect GISdirector Cartegraph shall be responsible for the timely performance of all Project Services and warrants that all services provided to Customer pursuant to this Proposal shall be of good and workmanlike quality and will meet or exceed standards of similar services within the industry. Cartegraph makes no further warranty, representation or promise not expressly set forth in this Proposal. Implementation Services The Implementation Services as listed in the Investment Surr~rr~ary are Cartegraph's not-to-exceed estimates based on projects of similar size and scope and on Customer's assumption of designated responsibilities. The quantities of service hours and/or service days may be used within the following service categories as described to best meet Customer's objectives. 1. Project Planning: Cartegraph will provide guidance and planning for the project, as well as the management, administrative support, and coordination of Cartegraph resources, staff, and activities for the duration of the project. Cartegraph will attend status meetings and employ ongoing Project Management techniques and communications to ensure Cartegraph products and services are delivered in agreed upon timeframes. 2. Consultation Services: Cartegraph may provide, at mutually agreeable times to Customer, consultation to aid Customer with the Cartegraph applications and their data and deployment requirements. A Cartegraph Consultant will provide assistance to Customer utilizing Customer forms, filters, reports, and database and, as appropriate, the Cartegraph training database, "Carteville," as a method to reinforce Cartegraph functionality as it relates to Customer's daily activities and processes. Customer will provide any client equipment required for the consultation, as necessary Application Installation Services: Cartegraph will provide, through Internet access, expert technical resources to work with Customer's Information Systems personnel to install and configure the Software Products in Customer's database environment. Installation components include: a. Pre-Installation: Cartegraph will confirm remote access to ensure appropriate connectivity, confirm Administrator client connection to network environment, conduct system parameter review to ensure environment and required topology meet or exceed Cartegraph hardware recommendations, and install and configure the required application License Server. b. Suite Installation: Cartegraph will stage one (1) Administrator PC client and one (1) User PC client with the appropriate Software Products and provide knowledge transfer to allow Customer to stage and maintain any remaining PC clients. Cartegraph will format Customer's database for appropriate Software Product database structure and, when appropriate, with the database standard Administrator security role, will update Customer's License Server with Software Product License codes, and will provide recommendations for database maintenance. 4. Configuration Services. Cartegraph may provide consultant time to configure forms, filters, and reports for the Software Products to Customer specifications. 5. End-User and/or Train-the-Trainer Education: Cartegraph may provide training, at mutually agreeable times, to occur both on the Cartegraph training database, "Carteville," and Customer's database utilizing any customized forms, filters, and reports as mutually determined. Cartegraph will provide all instructors and all appropriate course materials and instructor visuals. Customer and Cartegraph will discuss and agree as to who C1008012 5 City of Delray Beach, FL September 21, 2010 shall provide facilities and any equipment required for the training, including server and client computers as necessary. These services are more particularly described as: a. Customer will approve custom training agendas prior to training delivery. Cartegraph agrees to consult with Customer prior to developing the training agenda. b. Customer will advise Cartegraph as to the number of expected attendees for any particular class. 6. Onsite Su~ort: Cartegraph may provide onsite support at the time Customer moves the system into productive use and "goes live" to support the processes, procedures, applications, and systems implemented. 7. System Use Check U~: Cartegraph may provide a review of the processes, procedures, applications, and systems implemented to meet the original goals of the project. Recommendations for performance improvements may be made both in business practices and in technologies. Customer Responsibilities Customer accepts responsibility for all aspects of project planning, management and execution not specifically described under Scope of Project. Ongoing management of the day-to-day allocation of Customer resources, and management of Customer project tasks is the responsibility of Customer. Customer will provide overall guidance and direction for the project and will direct the project accordingly. Further, and with regard to the Cartegraph obligations listed under the Scope of Project section, Customer understands that it is vital to the success of the project that Customer provides assistance in the following matters: 1. For those services listed under Project Services, Cartegraph personnel will conduct information gathering and evaluation sessions with various Customer users and management. While Cartegraph respects the time and workload of Customer staff, dedicated time on the part of the appropriate Customer resources is necessary to complete these exercises. 2. The installation process requires the periodic assistance of Customer personnel and suitable access to hardware and systems (e.g., security clearance). Customer is encouraged to supervise the installation process while systems are accessible to Cartegraph. It is assumed all hardware, both Personal Computers and Network and Database servers, will be installed and operating in a manner that delivery and execution of Cartegraph Project Services will not be impeded. 3. Customer understands that the successful performance of Project Services depends upon Customer fulfilling its responsibilities. The Project assumes that Customer will provide all personnel required to achieve a successful implementation. 4. Customer shall install and network its own hardware and communications and this will not affect the timing or the delivery of Cartegraph services. 5. Customer will provide Internet access and IT staff support as required. For those services that are web-based, Cartegraph utilizes Microsoft LiveMeeting. For more information regarding LiveMeeting, please visit: http://www.microsoft.com/uc/livemeetin~ 6. Customer shall ensure that their workstation platform and database meet Cartegraph system requirements. Cartegraph software is currently supported within the following: a. WORKSTATION PLATFORM: Windows 2000 edition, XP Professional, Vista Business Ultimate. Supported operating systems will be listed on Cartegraph's web site. (http://www.carte~raph.com) b. DATABASE: Access, SQL 2000, SQL 2005 (Express, Workgroup, Standard, and Enterprise), Oracle 9.i, Oracle 10.g. Cartegraph software will be supported within new versions of these workstation platforms and databases within a reasonable period of time from their release from their manufacturer. Cartegraph will discontinue support of its software within older versions of these workstation platforms and databases as their support is discontinued by their manufacturers. 7. Customer agrees to work with Cartegraph to schedule Project Services in a timely manner. All undelivered Project Services shall expire 365 days from the signing of this Proposal. C1008012 6 City of Delray Beach, FL ~~~ ~~~ III .III'" September 21, 2010 Cartegraph's proposed fees for this project are included in the summary below. Date: September 21, 2010 Expiration Date: November 3, 2010 Contract No.: C1008012 Purchase Type Qty. Unit Price Total Price SOFTWARE PRODUCTS Cartegraph Software Subscription Plan CARTEflex Subscription 8 $2,500.00 $20,000.00 GEODATAconnect Subscription License 1 $2,000.00 $2,000.00 PROJECT SERVICES Im lementation Services Application Installation Services Fixed Fee Service 1 $500.00 $500.00 Other Implementation Services - Remote Service Hours 46 $150.00 $6,900.00 Other Implementation Services - Customer site Service Days 2 $1,450.00 $2,900.00 PROJECT CosT $32,300.00 Es rrntArE~ EXPENSES $1, 350.00 TOTAL PROJECT COST INCL. ESTIMATED EXPENSES $33,650.00 Please note: Licensing restricted to WORKdirector and GIS connectivity only. The City agrees that when future license expansion is requested, access will include the full suite of software products, and the City will pay the difference between the discounted price offered in this Proposal and the full license price at the time of purchase. Please note: This is anot-to-exceed proposal. Cartegraph will not exceed the total included in this Proposal without written approval from Customer. In the event it becomes apparent to Cartegraph that additional service efforts will be needed due to any changes in the scope of this proposal, Cartegraph will notify Customer prior to exceeding the approved efforts and obtain written approval if additional software or services are required. Cartegraph can also provide additional implementation and technical services as may be requested by Customer, including: • Project Deployment Plan • Installation Services • Mobile Applications Implementation Services • Geodatabase Consultation • Data Conversion Services • Modification Services • Database Security Services Additional Services are available to Customer at the rate of $150 per hour for remote services and $1,450 per day for onsite services (2-day minimum required) plus travel expenses. ~ The annual subscription amount shown in the "Software Subscription, Maintenance and Support Services Terms/Renewal" section is required to keep the subscription software licenses active after the first year. C1008012 7 City of Delray Beach, FL September 21, 2010 Software Subscription, Maintenance and Support Services Terms/Renewal The initial term of Subscription, Maintenance or Support Services, if included, will commence upon execution of this proposal and will continue for a period of one (1) calendar year from the date of the execution of this proposal. Each subsequent term will commence upon completion of the prior term and will continue for a period of one (1) calendar year there from. Customer may terminate their Subscription, Maintenance or Service Support, if applicable, at the end of the Initial Term or any subsequent Renewal Term by notifying Cartegraph in writing of their intention to do so at least 60 days prior to the applicable End Date for that term. Software licensed under a subscription is governed by a license manager and must be renewed prior to the expiration date of the term in order to keep the software active. 1. Future years' Annual Software Licensing Subscription is estimated to be $13,860.00 for the Software Products listed in this Proposal. Payment Terms and Conditions In consideration for the Services and Products provided by Cartegraph to Customer, Customer agrees to pay Cartegraph Software Costs and Professional Service Fees in U.S. Dollars as described below: 1. Delivery: Software Products shall be licensed upon acceptance of this Proposal. Project Services will be scheduled and delivered upon your acceptance of this Proposal, which will be considered as your notification to proceed. 2. Invoicing: Invoicing for any given Software Products shall occur upon delivery. Invoicing occurs monthly for Project Services as they are incurred on the project. Partial billings on fixed fee costs will be invoiced monthly as incurred. 3. Expenses: In providing the services included in this Proposal, Cartegraph shall be reimbursed for any reasonable out-of-pocket costs, including, but not limited to, travel, lodging, and meals. Out-of-pocket expenses are billed based on actual costs incurred and are due separately. Cartegraph will not exceed the estimated expenses of $1,350.00 without Customer approval and bill the actual travel cost incurred. 4. Payment Terms: All payments are due Net 30 days from date of invoice. C1008012 City of Delray Beach, FL . „°. ~~ ~ I' III''° III September 21, 2010 This Proposal takes precedence over all attachments in the event of conflicting terms and conditions. The terms and conditions of any and all Exhibits and Attachments to this Proposal are incorporated herein by this reference and shall constitute part of this Proposal as if fully set forth herein. Article and Section headings used herein are for reference purposes only and shall not be deemed a part of this Proposal. This Proposal, together with all Exhibits and Attachments hereto, constitute the entire agreement between the parties and supersedes all previous Proposals including promises and representations, whether written or oral, between the parties with respect to the subject matter hereof. 1) Limitation Of Liability: Except for damages resulting from property damage, bodily injury or patent or copyright infringement, each parry's total liability to the other for damages under this Proposal shall not exceed the total amount of this Proposal. Liability arising out of bodily injury, contract, breach of warranty, or claims by third parties or otherwise, shall not in any event exceed the limits of Cartegraph's commercial general liability insurance coverage with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000. Neither parry shall be liable to the other for any loss of profits, loss or inaccuracy of data, or for any special, incidental or consequential damages (including without limitation the cost of any substitute procurement) arising from this Proposal, even if such parry had been advised of the possibility thereof. 2) Disclaimer of Warranties: Cartegraph makes no warranty, representation or promise not expressly set forth in this Proposal. Cartegraph disclaims and excludes any and all implied warranties of merchantability, fitness for a particular purpose. 3) Insurance: Cartegraph carries commercial general liability insurance with a limit of $1,000,000 per occurrence and a $2,000,000 aggregate limit, business auto liability insurance with a limit of $1,000,000 and workers compensation insurance with statutory coverage. Cartegraph agrees to indemnify and hold harmless and defend Customer and its agents, officials and employees from bodily injury and property damage claims related to or caused by Cartegraph employees or subcontractors. 4) Relationship of the Parties: Cartegraph and Customer are independent of each other. This Proposal does not and is not intended to create in any way or manner or for any purpose an employee/employer relationship or a principal-agent relationship. Neither parry is authorized to enter into agreements for or on behalf of the other, to create any obligation or responsibility, express or implied, for or on behalf of the other, to accept payment of any obligation due or owed the other, or to accept service of process for the other. Cartegraph is an independent contractor, customarily engaged in the performance of similar services for other parties. 5) Severability: The terms and conditions of this Proposal are severable. If any term or condition of this Proposal or the application thereof to any person or circumstances is held invalid, this invalidity shall not affect the other terms, conditions or applications which can be given effect without the invalid term, condition or application. 6) Transfer of Agreement Cartegraph shall not transfer or assign any of its rights or obligations under the Proposal to any other parry without the prior written consent of Customer, which consent may not be unreasonably withheld. 7) Notices: All notices or communications required or permitted as a part of this Proposal shall be in writing and shall be delivered at the address set forth in this Proposal. 8) Proprietary Information: Customer acknowledges that all materials and documents associated with this project are proprietary in nature. This specifically includes pricing information, training materials and consulting documents as described. Customer further agrees not to copy or otherwise make available such materials outside of Customer's organization and its divisions and departments without the prior written consent of Cartegraph, except as required bylaw. However, both Parties understand and agree that this agreement is governed by the State of Florida Public records law. The parties, each acting under due and proper authority, have executed this Proposal as of the day, month and year written below: C1008012 9 City of Delray Beach Delray Beach Information Services For Utilities 7 September 9, 2010 1 Executive Summary 1.1 Purpose The City of Delray Beach has requested assistance in in creating a plan for acquiring software and hardware to unify the data, mapping and work order processes for managing the City's utility services (stormwater, water distribution and wastewater). At present, the City has a number of applications and databases deployed in utility services that were developed in isolation, all of them using digital data or mapping in one form or another. The plan described here provides for both uniting the data and updating the processes, software and hardware. 1.2 Observations and Concerns Most of the concerns raised during the interviews were related to problems with the Hansen system. The system doesn't serve user needs, so a great deal of effort has gone into ways to work around it. These efforts, each individually valuable, have left the City with disconnected islands of data and duplicated effort. 1.3 Criteria for Solutions Solutions were evaluated against criteria developed from the interviews, as listed in the table below. Strategies Unify data in a multi-user, relational database. • Evaluate software that stores data in SQL Server • Check for database documentation. Make data and applications widely Evaluate software built to connect its data store available in a variety of settings, both in the with a variety of applications. field and in the office • Wireless access • Field data entry • ODBC or other database connections • Web Services/ SOA (services oriented SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 8 aer y. ~u~ u nnect data to the GIS for simple web Check for location connectivity that does not pping retrieval, similar to the AsBuilt depend on standardized addresses. Other trieval application running on MapGuide kinds of location could include any of the following, as appropriate to the data type: • Parcels • Street Segments • GPS Point • Internal spatial data stored in a standard, documented format 1.4 Software The software part of the solution falls into three parts: • Core software, encompassing asset management, work orders and inventory control. Additional functions, particularly those described in Scott Solomon's interview. are also important in this part of the solution. • Mobile/GPS software, including location tracking and data recording applications. • Web packages. 1.4.1 1.4.2 Core software No one line of software products would suffice for all the City's needs. After reviewing 13 candidate core software product lines, two were found that match the criteria: Cartegraph and InfoWorks. Each product line has some overlap with the other. It is recommended that SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 9 September 9, 2010 each be reviewed on a module by module basis to determine a final selection. An overview of the top candidate packages is listed in the table below. Criterion met ~~~~, ~ Criterion met, with limitations ~~~ Criterion not met ~ ~~~~ Criteria Cartegraph InfoWorks Ayanova CLIP Everdream MicroM'ain eliminated ~ eliminated (eliminated feliminated)I ~~~I~ ~~ ~~~~~~ ~N~~ ~~~ ~N~` ~~~ ~N~~ ~~~ ~f ~~, ~~, SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 10 September 9, 2010 Criterion met ~°~~w Criterion met, with limitations ~~~ Criterion not met ~ ~ ,,,, Criteria Cartegrap InfoWorks ~, Ayanova CLIP Everdream~~ MicroMain h eliminated (eliminated eliminated) eliminated °~ ~~~,,,, ~f ~~~ ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, °o~~ ~xm,,,~ ~°o~~ ~xm,,,~ ~°o~~ ~xm,,,~ ~°o~~ ~xm,,,~ ~°o~ ~xm,,,~ ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, ~N„~ ~~m, I °o~~ ~xm,,,~ ~°o~~ ~xm,,,~ ~°o~~ ~xm,,,~ ~°o~ ~xm,,,~ 1.4.3 Mobile/GPS Mobile and GPS packages are considered together because there are two parts to any job in the field: finding the job and doing the job. The City has very accurate GPS receivers, and put considerable effort into precise data collection. For that reason, the emphasis here was placed on using GPS for navigation. 1.4.3.1 Laptops The most flexible, lowest cost configuration for mobile work is still the laptop, augmented with a USB GPS card. It offers low cost power and plenty of screen "real estate" for viewing maps. Within this hardware configuration the options fall into two categories: using one package to locate the vehicle or user on the map and another to record information, or a single application that does both. There is a considerable difference in cost and skills used between the two. Choices are listed in the budget summary. SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 11 September 9, 2010 1.4.3.2 Tablets One particular capability is specific to tablets, and merits a mention here. Digital ink allows a tablet user to draw and write directly on ArcGIS maps running in a tablet, tying that information to geographic locations. It is an attractive capability, described here, with pictures that are easier to understand here. Using this capability would require both a tablet and an ArcGIS license. 1.4.4 Web Packages Like the mobile/GPS packages, the selection of competent web applications is limited. In this case, however, the City has successfully deployed MapGuide, a spatial web solution. This application is the natural hub for data integration among all the potential solutions. Cartegraph's ISSUEtraO is the one additional candidate that deserves mention. It might be part of the system solution if it adds capabilities that the City cannot create using MapGuide. 1.5 Data Issues 1.5.1 Routing Routing could possibly be provided by the City's GIS system, using an ArcGIS module called Network Analyst. That functionality, however, would consume considerable time to create. The City's street centerlines would have to be specifically prepared for use, intersection by intersection. We recommend using Google Maps for routing. It's simple, available everywhere and the price is right. If significant differences from the City's street network are found Navtea, the map supplier, has an interface for supplying updates. Selected roads, such as new or changed streets, can also be overlaid on Google Maps via KML versions of selected roads. SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 12 September 9, 2010 1.5.2 Migrating Hansen Data To enable a orderly transfer of existing data to a new software system a plan is required. The migration plan should be based on the field and table documentation for the new system's database and the comparable documentation of the existing Hansen database, and any appropriate Microsoft Access applications. This task should begin with an internal assessment of existing data. A plan for assessment is provided. Assessment in hand, the City can make a decision about the method of data migration: handle it internally, negotiate with a vendor, or seek some level of assistance in migrating the data on site. A suggested list of migration products is given, including migration documentation. If a vendor offers an undocumented migration, its value may be questionable. In the latter case the City should consider alternative methods. 1.5.3 Building on the As-Built Retrieval application Criteria specifying documented database structures and readily accessible, central data stores simplify the process of using data in new ways as the City's needs change. MapGuide, used for the As-Built Retrieval application, is an example of using existing data in new ways. MapGuide, which the City already owns, is a perfect hub for integrating information from the data stores recommended in this plan. SPATIAL FOCUS, INC. City of Delray Beach Delray Beach Information Services For Utilities 13 September 09, 2010 1.6 Action Plan The full action plan is listed in the text of the document. A summary is listed below. 1. Get demonstrations of recommended software. 2. Make budget decisions specified in the budget section, make final software choices and set budget. 3. Complete an evaluation of existing data. 4. Construct a schedule for migrating data and adopting new applications based on the data migration needs. 5. Quality control migrated data before accepting the job. 1.7 Budget The final budget will depend on software selections and decisions described in the text. Core packages can be expected to range from $30,000 - $50,000. A full explanation of budget options is in the text of the document, including core software, mobile/GPS packages, web applications, routing, data migration and hardware. 1.8 Conclusion The City of Delray Beach has an opportunity to unify information and gain greater control of utility operations with a change in systems. After setting criteria for a new system based on interviews, thirteen software packages were examined. Six of those packages were eliminated early, and 7 investigated further. Three product lines met different aspects of the criteria established. An action plan describes the process of choosing among the options offered. SPATIAL FOCUS, INC. MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: September 30, 2010 SUBJECT: AGENDA ITEM 8.R.3 -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 PURCHASE AWARD/ GAMETIME, A PLAYCORE COMPANY ITEM BEFORE COMMISSION Consider approval of Purchase Award to GameTime, a Playcore Company, for purchase and installation of a playground system at the Delray Beach Family Recreation & Fitness Center site in the amount of $77,992.19. BACKGROUND On August 6, 2008, Delray Beach Family Recreation & Fitness Center was awarded a Florida Recreation Development Assistance Program (FRDAP) grant in the amount of $61,025.00 for a playground area just west of the Mae Volen Alzheimer's center. This project has a completion date of Apri130, 2011. After several different site plans the Parks and Recreation Department has selected a fully accessible playground system, with ADA ramps throughout and poured in place rubber safety surfacing, from GameTime. Components will include: slides, wide ramps, toad stool climber, rock walls, play elements such as steering wheels, thunder rings, etc. The playground recreational area will be for children of all ages regardless of physical challenges. GameTime would be able to provide installation before the end of the year. By waiting until September 1, 2010, we were able to take advantage of additional discounts for this playground through a special matching grant offered by GameTime. FUNDING SOURCE Funding for this project is in the Capital Improvement Budget account # 334-4148-572-68.44. RECOMMENDATION Staff recommends approval of the Purchase Award in the amount of $77,992.19 to GameTime for the purchase and installation of this playground system. Pricing is in accordance with U.S. Communities (non-profit government purchasing cooperative) Contract #110179. ,~..~' ~ ~ ~ ~ ~ cfa Dominica ltecreatian Products, lnc. ., ~ -~ ; Langwaod, F1, 32752-4700 QUOTE' 804-432-4162 ~ 407-331-4141 #54481 n~~t~h~r~ Ch~~~~~~~~~~' P'~,. Fa~x:447-331-4724 ~vrvrw<.drpne.com Q9f21 f2Q 1 ~ Delray Beach Farrtiily lRecreat~on & Fitness Center ~ Revision gf14f201<0 City of Delray Beach Ship To Zip: 33444 Attn: Linda R Karch 50 NW 1st Avenue I7~elray Beach, FL 33444 Phone:561-243-7251 Fax;561-243-726 -carch~ci.deiray-beach.fl.us I, . ,. , 11'~I'. o' , l __ 1 ~ ' .Y _ ~ ~~ ~ ~ .~~~ ~ i7 ~~hi;1 l 85281 Came 'I~in,e - PSP1us Spring Cree'; $ ~,,,y~~-~.OC1 ~679,6>>~u.UO C EWl~ CiT'-]ml~ax - Ci"1`lrnpax Wood Fiber $1,72:'..50 x;1,7`'2.50 - L7wSC1 s„~ rrJ ~R" cc~rrr~~crc-tr~c~de~tlr 1 161290 Cianle Time -Ciro-T"extile 2,250 Scl .C~t RoCC $478.00 X478.00 1 INSTALL. Caine 'T'ime - Installations of F.~uipment acYd $26;480,00 $26,480..,00 CiT"lm,pax Wood .Fiber - .I~rteTrr~es° iarsta~ll~etr /rcrrrr~li~rg tJre ~~Iivc~rT of c~r~rti~a~r~rerrl 1 INSTALL CrTwlmpax -Installation Discount ($8,750.00) ($8,750.00) 1 INST"ALL GT-Imiaax - 4'" thick Compacted Gnashed $2,047.50 ;$2,047.50 Stoaae SuYabase for P1P - b5l) s~' 1 PIP CiT"-ln~~pax -~ C3°f Irzipax l~orared in Place Rubber ~'~,009.00 $'x,009.00 Safety Surfacing - 65~ sf S~1% 13lcrc~; 5(?% Cnk3r' 1Vlir ~~P~lS~r ~ 17C?Vf'IeCI [.'Cf~E',S L7,S rrce~ed a~cz~_t~irr~ CF'h' b INSTALL (~T-In~pax - 8" Excavation /Site Prep of area $2,380.00 $2,380.00 I 36817 Nlisc -Sealed Drada~ing fda- CTanaeTitne $750.00 $750.00 ~L1171nellt Package being offered under the t.3arneT'irne 1?,nricIiirtg your ~"anlaa~uQlity SubT'otal: ~I 13,81)7.00 thro~n-gh Play grant. Application and order deadline Novenaaber 17th, 2010 C;otatract Discount: ($20,805.44) Cantr~act: LJSC' Additional lliseouiit: ($20,472.27) Freight. $..5,462.90 T°atal A.mannt: 577,992.19 This cluoke was prelaauecl lay Gina lvilsart, 5~;~~ior 6'roject ~vla~aa~*er. For ~zae~sticans or to order please call - X0(1-432-1110? exn, l01 t;inawv~r;~o~i~eti~wae.com ~A,II laa°icing in acco~°tEance wvith L'.S. Comttrtunities Contract #110179. All terms in the U.S. Commu~titics C'rrntract take precedence over terms showvn heloww. For mare i~ifo~-nwation on tfie tJ.S. ~'oimn~ratitics contract p'leasc visit w~~,~ti~~.~ascor~~m~unities_oa~ 71,~s*ai~retime Page 1 of 2 ~k ,~~ ~. ~. Delray Beach Family Recreation & Fitness Center -~ Re~vfsian 9C14I201U QUOTE #54481 o~r~ ~ ~zol a This Qtratalion is sabjecl to polaeics ist the cuer~ent Crame'Iint~, Paa-k grad Playground Catalog and ~klac fallowing terms and caudit}orts. Cur quotation is based an shipment of all items at orte krornt^ tc, a single dLStlttatlGrtt, uuicss noted, and ehartges arc: subject to pa-lee adjtlst~ttent. Purehasas in exeess cal' ~ 1,t)Qtl,k)0 to be suppar~ted by yoru• writteaa purchase ardor made out to Game1°is~ne, Pa7can};: F`.CLLi. factar-y, tia-ixa far :itl days fi'tnn date of gttotaticrn Sltpntent, ardor shall ship is ikltin a~0-45 days alter CianteTime's receipt aatd acceptance of your purehase oa-der, color selections, appro~~ed subrttittals, and recd}tt afdeposit, if required. payment tcrtns: Net 30 days for t<rx supported go~Jenamental agertcics. A 1.5°la per month finance eltarge ~.r~~ill be imposed an all past due accounts. Equiprnc rat shall be invoiced scltaratcly From other services and shall be payable in advance of those ser~~9ces and project eatnpletian. Retainage atot accepted. Taxes. Skate artd local taxes ti~il I be added at time ol'invaiciug, ifnot aleeady inchrded, etat'less a tax exempt certificate; is pro~~ided at dae tirnc rat' order entry.. Exclusions: Unless specifically discussed, this ~uokation exc]udcs all site~:vorlc and landscaping; renta~~a] of existing e~tripment; acceptance of equipment and off-loading; storage of gnods prsor to installation, security of equipnteatt; security of poured rubber at slight; egtripanent asseanbly and installation; safety surlstcing; borders; da°ainage; signed/sealed drawings; or pea-anits. ]ttskallatia.n: Shall. be by a CiameTime cRc NPSI Certified lnstaller. C`ustorner shall be responsible foi scheduling and coord~inatioaa wit4t the installer. Site should 'be~ lewd and aElo~v for unrestx•icted access of trueks and maeltinery. Customer shall be res~ottsible fear unknown condikions such as buried utilikies, krce stumps, rack, os• any eancealed materials as- eondikions that tnay result in additiarta1 lobar or material casts, Custattter :will 'be billed hout9y or pe+r job directly by the installer far .any additional casts. Poured €*rubber Kokes : "flte ilt_Stalls:r of kite poured Rubbea• Sus•faeing is not the same lnstaller of the C;runeTiane cc~uipratenk. l-towevee, yatn• f;ante"I"irate egrsiprneut installer ~~rill coordinate Nte tintiatg of your rula£,er installatiara, but rttarc titan ]il:ely they tiwrll net be ota-site ai tltc tune. They ta:~ill continrac to be yoetr contact should you leave any questions. Security is needed to protect surfacing at night ar after installation while the glue dries.l~9ar~ttally it is neat needed or a conecrrt, ito~~rever in sorrre areas additional security is ateeded to preMrent vandalism. Security is not included, utaiess ather+tmse ~speeified. Vandalism will be the respoatsiblc of the owner. Pcrrnits arc rnat rxcludcd in cast. ,^1,ny casts fbr muncipal pcrrnits, paid by installer, }will be charged back to tic atr•ncr. OItD)~R INFC1Ft141ATIC)N 13111 7'0: Contact; Adda~ess: Address; C"ity, 'State. Zip; Tel: Fax: Acceutar~ce of quatatara: Accepted I3y (prtttedp: .m. S igna trn•e: 'Title: l' a.CS3IItl l l lt::. Purchase .Arttount: $77,9'2.19 Page 2 of 2 Ship 1"0: Contact: .Address: Address: City, Stag, dip: ~ ...... Tel: Fax: __ P.O. hlcr: Bate: P12one: +<,~. ~ri,~•,~:a~ ~,~ ~II~ t ~~ ~~ ~~ `.l I ~ ,~, ,,,~ ~ ~~ ~~~ c, 1 j r a--.-~,-~ _ i f ' 4 ,J - _. __-. t -__ h, _~.~.~ I ,. ~ ,~/-~r,-l L J"L 7 ~~qqrD ..,~,5 ~ ~~ ~S f ~.t_._.___ ~ ~ ~ ' j. ~---- --T= ~~ ~ ~ _ ~. , t J {{_,. { `} 1 ' ~- ~ ~ ~~ -~ f ` ~ I~~ ~ -~ <j~ ~ ~~,~ Y u~ ~ ~ 1, ~, ~u , ~' ~~ t ~ >- ~ ~ --~ I ~ ~c ~ I~ '-t I ~- t _:~ ~) ~~ ~~~ ~~~ 1 '~ ' ' {'-'w~ ~.(. 1 - ;` ~_ _ =~ i '~ ~ J ~ ~ .r~. „<>, x; ~ . '~ -~ a _~ _ ,~ } > ~. Y 0 - ~c r pO Cy 2 IQi es lqp pN_y ~ IC} L1 l7 {] ~"~ ~~~ ~'~~ ~~ ~~'~~a n~cgg"' r. ~ ~ ~N~~ 9 ^~ ~ 9 o ~~` "~ -„ C ~ Pu 6 ~.~ b~ ~~ ~ r ~~ L _. c~ ~~ ~ ro o Lj 'Q ~~~ ~,~ ~.Euq t~3 si° ~ ~~ ~ ~' m s ~, ~~ '_~;' ~, t;i ~ ~... ~~ ~ .- ~ ; ~ r t 1 a W 1 j~aI~ ~. {{1{ ~ H.. n~ ~~ f~AP a ~_ a_ ~,, ,~~i d 7 ,~ ~~. .~ u ~, ~ ~~ ~ ~~ ~m _ : ~ ~~ ~ ~ x~ ~ ~ ,~ ~~ ~ ~ F ~ ~a ~ .~ ~ ~ a ~~ ~ ~ ~~. ~ ~ ~ m m ~, y 'M ! N ~ ~~ J m ~ oY~ ~ 5 ~, N ~ ~ ~ M t, ~ ^ ~ tf ~ 3 ~p ~ `'^-. ~~ ~ R .~ q u 4 ~ ~ ~ ~ ~ ~ a d' a ..~.. ~°. ia. ~ u ° ° ~ ( k, ~ 8 C ~~ ~ ~ ~ ~ ~ q9 ~ t a° ~ ~ G c i ?W ~ EE y~ °" 0, E ~ m o say V. * [L ~ Q X ~i, S _ ......7 ~ ~ ' ~ ~' h . 'h ~ ~ ' ~ rJ rot1 C3 ~ I C n I i , ~ ] I P I I ' ~4 { .... ~ ~ ~ .v VO M . UI yp a~ -_. c~ a M ~~ ~~~~ ~~~~ ~~ ~~~ ~~$~ ~~~ ~a~ ~~ ~ ~ ~~ ~ ~+ U ~~~ d (/~ W m i .~ "~ ~i ~~~m aW ~ ~° a SRI O ~~ r~ ~-7 '~~ ~, m a ~ '~' s ~h~ v 7 n~~ `~l ~1~ 3 p ~, ~ ~ J. G ~. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 APPEAL OF THE SPRAB'S DECISION/NEW CENTURY COURTYARDS ITEM BEFORE COMMISSION The City Commission appealed the Site Plan Review and Appearance Board's decision approving New Century Courtyards on September 7, 2010 to the September 21, 2010 Commission Meeting. The applicant later requested to postpone the item to the October 5, 2010 meeting. The applicant has now withdrawn this site plan application (see attached letter). I,~~w orz,zcrs ~~~~ ~~ M~cxAr,L S. WETNER JEFFRE'i' C. LYl\T~ryE JASON S. MANI~OFF KERRY D. SA1~FEd2 PROMESSTOVAL ASSOCIATION 10 SE 1~' AvE\~Tk; DEI=IIA~' BEACH, FJ.OItIDA 3~4~~ ~rELErxoNZ {561} 265 - 2666 EACSZn~1~.E (561) 272 - 6831 1VI WEIIVER@ZONFLA~~. COI~4 vcrw ~~v.zan~ELnw. cony LATTRIE A.'1~or-r>?saN, P.A. OF CaUNSEL September 30, 2010 Mr. Paul Dolling Director of Planning and Zoning City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Re: New Century Co><artyards Site Plan File No.: NCC®032 Dear Paul: d~icr F~rci<a~l_~efivery Please consider this letter our formal withdrawal of the Class V Site Flan Application for New Century Courtyards. Although the Site Plan is being withdrawn, I am confirming with you that the Conditional Use for this project which was approved an August 3, 2010 is valid >_u~til August 3, 2012. ~ Thank you in advance for your assistance in this matter. If you should have any questions, please contact me. . Very TruI ow-s, Michael S. einer MSW:eIc cc: Ms. Chevelle Nubin, City Cleric (via hand delivery) Ms. Jasmiz~ Allen (via hand delivery) Mr. Scott Pape (via hand delivery) Mr. Robert IVlathias (via e-mail) Mr. David Biggs (via e-mail) O:W0000321I,etter to Paul Darling re withdrawal of site plan application.5ept 30 2010,docx MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 30, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 WAIVER REQUEST/ 928 SEASAGE DRIVE ITEM BEFORE COMMISSION Consideration of a waiver to reduce the sight visibility triangle requirement from ten feet (10') to two feet (2') for a clear line of sight between three feet (3') and six feet (6') within the area formed along both sides of the driveway intersecting the property line at 928 Seasage Drive, a proposed new single family residence within the North Beach/Seagate Overlay District. BACKGROUND Waiver Reduests LDR Section 2.4.7(B~(5) Findin~s~. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The applicant is requesting relief from the requirement for a clear line of sight between three feet (3') and six feet (6') within the ten foot (10') sight visibility triangle forming the area along both sides of the driveway intersecting the property line at 928 Seasage Drive, a proposed new single family residence within the North Beach/Seagate Overlay District. There are 2' x 2' concrete piers measuring 5' in height attached to a 4' 8" aluminum picket fence with rolling gates, proposed on either side of the required 10' sight visibility triangle within 2' of the property line. This prevents the clear line of sight from 3' to 6' as required within the sight triangle as described in the LDRs. The applicant has provided the following verbatim justification: "Cars exiting the property would not be stopping near the property line to view oncoming traffic. The cars would be pulling up to Seasage Drive to view oncoming traffic before pulling out. If the sight visibility triangles were drawn at the intersection of the driveway and Seasage Drive there would be no visual obstruction. Seasage Drive is a low speed residential street that will probably never be expanded to the full width of the right-of--way. " Since the property line is 13'7" from the driveway intersection with the roadway of Seasage Drive and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and existing the site. The reduction of the 10' sight visibility triangle to 2' at the intersection of the driveway and the property line for 928 Seasage Drive will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create an unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7 (B)(5) can be made. REVIEW BY OTHERS RECOMMENDATION Move approval of the waiver request to LDR Section 4.6.14(B)(1) to reduce the sight visibility triangle requirement from ten foot (10') to two feet (2') at the intersection of the driveway and the property line for 928 Seasage Drive, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 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 REQUEST RELATED TO THE SIGHT VISIBILITY TRIANGLE ASSOCIATED WITH THE CONSTRUCTION OF ANEW SINGLE FAMILY RESIDENCE AT 928 SEASAGE DRIVE 1. This waiver request to reduce the clear line of sight requirement pertaining to the sight visibility triangle associated with the construction of a new single family residence at 928 Seasage Drive has come before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request. 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 SIGHT VISIBILITY TRIANGLE: LDR Section 4.6.14(8)(1) provides a requirement for a ten foot (10') sight visibility triangle. The Applicant is requesting to reduce the requirement for a ten foot (10') sight visibility triangle to two feet (2'), stating as justification, "Cars exiting the property would not be stopping near the property line to view oncoming traffic. The cars would be pulling up to Seasage Drive to view oncoming traffic before pulling out. If the sight visibility triangles were drawn at the intersection of the driveway and Seasage Drive, there would be no visual obstruction. Seasage Drive is a low speed residential street that will probably never be expanded to the full width of the right-of-way." Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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. 1 Does the waiver request to reduce the requirement for a ten foot (10') sight visibility triangle from ten feet (10') to two feet (2') meet all of 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 request to LDR Section 4.6.14(8)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of October, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. 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DEPARTMENT -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM12010_928 Seasage Drive MEMORANDUM TO: Mayor and City Commissioners FROM: jasmin Allen, Planner Paul Dorling, AICP, Director Plarn~ing and Zoning THROUGH: City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 TEMPORARY PARKING LOT/ 36 S.E. 2ND AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a temporary parking lot at 36 SE 2nd Avenue, located on the west side of SE 2nd Avenue, between East Atlantic Avenue and SE 1St Street. BACKGROUND On July 27, 2010, a temporary use request was submitted to allow the construction of a 22-space temporary parking lot at 36 SE 2nd Avenue. The temporary parking lot will only be utilized for valet parking associated with the Worthing Place Development. Land Development Regulations (LDR) Section 2.4.6(F)(3)(e) allows for the provision of temporary parking lots for a period of up to three (3) years with the annual renewal of the permit. The applicant has requested that the temporary parking lot be permitted for 3 years. SITE PLAN ANALYSIS The subject property is undeveloped and contains 0.225 acres. 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 will be utilized only for valet parking, development standards with respect to parking space dimensions are relaxed with wheel stops provided at the edge of the parking surface. The proposed parking lot meets or exceeds the minimum requirements of this section 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 landscape strip varying in width from 3 feet to 21 feet with a 20" high Red Tip Cocoplum hedge is provided around the perimeter of the parking lot. The Red Tip Cocoplum hedge must be a minimum height of 24" at the time of planting and this is noted as a condition of approval. Additionally groupings of Cabbage Palms underplanted with Green Island Ficus and Dwarf Thornless Crown of Thorns are proposed at the entrance along SE 2nd Avenue. Groupings of Cabbage Palms are also proposed along the west perimeter, adjacent to the alleyway. Pursuant to LDR Section 2.4.6(F)(3)(e)(8)(f), for parking lots that are utilized at night, the applicant shall contract with FPL to install supplementary lighting on adjacent power poles where possrble, or as an optiory provide alternative on site lighting for the parking lot. Since the parking lot is proposed to be used during night time hours, site lighting is required The applicant proposes to light the parking lot by using "light pales" mounted on the south side of the Worthing Place parking garage. The lighting fixture shall be designed with acct-off lurniriary to minimise light spillage from building and site. Acut-sheet detail is required for the proposed light fixtures and this is noted as a condition The proposed pavement surface for the temporary parking lot is recycled chipped 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 which was meant to reduce the overall cost of temporary parking lots, establishes the minimum acceptable surfaces for temporary parking lots. It was not the intent of the regulations to prohibit a superior surface material such as recycled chipped asphalt. Since the proposed parking lot will be used for up to 3 years, a surface requiring less maintenance is appropriate. Access to the parking lot will be controlled by the use of manual gate arms to be located at both entranceways. The gate arms will remain in the closed position when the parking lot is not being utilized Details of the type and style of the manual gate arm is required and is noted as a condition of approval. REVIEW BY OTHERS Parking Management Advisory B oard Pursuant to LDR Section 2.4.6(F)(3)(e)(5), 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 At its meeting of August 24, 2010, the Parking Management Advisory Board recommended approval of the temporary parking lot request. Downtown Development Authority: At its meeting of September 13, 2010 the DDA reviewed the temporary parking lot request and recommended approval. Community Redevelopment Agency (CRAB At its meeting of August 26, 2010, the CRA reviewed the temporary parking lot request and recommended approval. RECOMMENDATION By motiory approve the temporary parking lot request at 36 SE 2nd Avenue for a period not to exceed 3 years with the annual renewal of the permit, subject to the following conditions: 1. That a written request and a temporary use permit fee be submitted for the annual renewal of the temporary use permit at least thirty (30) days prior to the anniversary date of approval. 2. Revise the landscape plan to show that the perimeter hedge is to be planted at a minimum height of 24" 3. Provide cut-sheet details and specifications of the wall mounted "light pales". 4. Provide the manufacturer's details and specifications of the proposed manual arm gate. 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C a as - ~~ ~ a ~ _ ~ ,se ~ w ~ ~ =~eaa~i '~ €_~...~~~x~.> °$~~ . -~a~s °iva ~ e:~a g°y "s, ~~~ ~ ~~: ys~-s~_ ~~ g 'r° a _,~~,. ~-..J_..i - as : ~ ~' ~- j1 ~ x ~ ~ a3::a3$ d~4~v°.a ^~~'sai~c'v f~~~ffd a§te V~`aY n o6 ^seY~ faa~xe ~a 'a~"a i~ :°sv ?~e~~e? va ~: ~~ ~a ~,~ I ~ ~ v a a8~ ~ ~~~ N.E- 15T 5T. ~ ~ ~ LLI Q w Q Q Q Z o ~- ~ ~- W ~ N ~ cn ~- Q ~ Lil w z z z ~ z A T L A N T I C A V E N U E w Lv ~ ~ ~ Q LsJ 7 Q S.E. 157 5T. z o CV ~ Lil ~-- z S.E. 2ND ST. ,/~ ~, , ~~© N SUBJECT PROPERTY TEMPQRARY PARKING L4T ,.i ~ iF~ } ,_~~,i ~~ 36 SE 2ND AVENUE ~ f PLANN~~ AR ~D NZONING LOCATION MAP -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cob\Z--LM 1061-1500\LM120B_36 SE 2nd Avenue_Temporary Parking Lot MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 SITE PLAN EXTENSION REQUEST/WAIVER REQUEST/36 S.E. 1ST AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a twenty-four month extension for the approval of a Certificate of Appropriateness (COA) AND Class V Site Plan Application associated with the construction of a two-story office building at 36 SE 1st Avenue within the Old School Square Historic District. Additionally, a waiver to LDR Section 4.51(E)(8)(a)3.a., Upper Story Height, to permit an increase in the second story height from 12' to 14' is also requested. Pursuant to LDR Section 2.4.4(F)(1)(c), extensions may be granted to the previously approved application, and shall be considered by the same body which granted the original approval. At its meeting of August 19, 2008, the City Commission considered and approved an appeal of the HPB's denial of the aforenoted COA, Class V Site Plan Application and associated waivers. Therefore, the extension request is before the City Commission for consideration. It is noted that the appeal request also included the approval of four (4) variances (lot coverage, front setback, side street setback, and side interior setback). The variance approvals run with the land, and are not included with the site plan extension request. BACKGROUND On March 6, 2008, the Historic Preservation Board (HPB) denied a Certificate of Appropriateness (COA), Class V Site Plan Application, and associated waivers and variances on a 5-0 vote (one member abstained) in connection with a new, 10,739 square foot two-story office building to be located at 36 SE 1st Avenue, within the Old School Square Historic District. The first floor consisted of covered parking containing 14 parking spaces, and the second floor consisted of office space. The HPB denied the request based upon a failure to make findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. The proposal also requested a total of four (4) variances; these included lot coverage (from 40% to 68.3%), the side street setback (from 15' to 2' 2"), the side interior setback (from T 6" to 4' 10"), and the front setback (from 25' to 5'). In addition, there were three (3) waiver requests. The first request was to LDR Section 4.6.9(D)(4)(d), which required that two-way traffic flow be used when perpendicular parking spaces are proposed and cone-way traffic flow system was proposed. The second waiver request was to LDR Section 4.6.14(A)(1), which required a twenty foot (20') sight triangle on both sides of an accessway (exits from covered parking), the proposed sight triangles at the covered parking entrance and exit were proposed at five feet, six inches (5' 6"). The third waiver request was to LDR Section 4.6.14(A)(2), which required a forty foot (40') sight triangle at a corner formed by the intersection of two (2) or more public rights-of-way (E/W Alleyway and SE 1st Avenue), where the proposed sight triangle measures 15' 4". An appeal of the HPB's action was submitted alleging that the HPB "failed to apply the ordinances of the City to the decision correctly", and "failed to rule in favor of the appellant." The relief sought was a reversal of the HPB's decision and the approval of the development application as presented to HPB at the March 6, 2008 meeting. The City Commission considered the appeal request at its August 19, 2008 meeting and approved the development plan including the aforenoted waivers and variances subject to conditions. All conditions of approval have been addressed with the exception of the right-of-way dedications along SE 1ST Avenue and the alley. The aforementioned variances and waivers were also approved by the City Commission, and do not require extensions as they run with the land and the development approval respectively. EXTENSION REQUEST & ANALYSIS Pursuant to LDR Section 2.4.4(F)(1-3), extensions may be granted to the previously approved application, pursuant to the following: (1) General: (a) A written request for an extension must have been received by the City at least forty-five (45) days prior to the expiration date; (b) The letter must set forth the basis and reason for the extension; (c) The extension shall be considered by the same body which granted the original approval; (d) The extension, if granted, shall be for eighteen months unless otherwise stated; As required, a written request for the extension was received July 2, 2010, at least 45 days prior to the expiration date of August 19, 2010. As no construction has occurred, this extension request is to be considered pursuant to LDR Section 2.4.4(F)(3) "No Construction" as follows: (3) No Construction: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submitted material may be required; (c) The granting body must make findings pursuant to 2.4.4(B); (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. The criteria noted above are considered as follows: (a) At the time of review, the City Commission felt that the proposal complied with the LDRs and made positive findings upon approving the request subject to conditions. However, subsequent to the approval, a considerable amount of the applicable LDRs have been adopted. Those LDR amendments which have changed and impact the project are associated with a reduced parking calculation, the "Visual Compatibility Standard, Height" with respect to the "Building Height Plane" and "Upper Story Height", and lighting requirements. The new parking requirement has been calculated to reduce the amount of spaces by approximately three spaces, and the applicant may seek a reduction in the previously approved Public Parking Fee requirement. The Visual Compatibility Standard for Building Height Plane is not met; however, the approval of a variance to the front setback takes precedent over this requirement. The "Upper Story Height" requirement which limits second stories to a maximum of 12' has not been met, and a waiver to this requirement is requested. Last, the lighting requirements have been revised, and a revised photometric which meets these requirements should also be submitted. These items are noted as conditions of approval as applicable; (b) Previously submitted materials were deemed complete and included elevations which were revised to meet the conditions of approval with the exception of the outstanding dedications. Additional submittal information will be required as noted above; (c) LDR Section 2.4.4(B) requires positive findings of Article 3.1, Required Findings for Land Use and Land Development Application consisting of future land use, concurrency of public facility needs, consistency, and compliance with LDRs. The Commission made these positive findings upon approval of the development proposal, and there does not appear to be any issues with those items should the approval be extended for an additional two years; (d) At the time of approval, the Board incorporated conditions of approval to provide for a proposal which complied with the applicable review criteria at that time. However, due to the aforenoted LDR amendments an additional waiver is required as well as an updated photometric plan which meets the revised lighting criteria. The waiver request has been included and is analyzed below, while the updated photometric plan is noted as a condition of approval. WAIVER REQUEST AND ANALYSIS Since the original approval, an additional design criterion has been adopted. With the extension request, relief from this new criterion is requested. Pursuant to Section 4.51(E)(8)3.a., Upper Story Height,the height from finished floor elevation to finished floor elevation or top of beam (tie or bond) shall not exceed twelve feet (12'). The waiver request to the subject requirement seeks relief to allow the second story height to be a maximum of fourteen feet (14') (rather than 12' as currently required). 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. Analysis The intent of this requirement is to provide compatibility between the upper stories of new and historic development. The City Commission should consider the waiver criteria accordingly in that (a) the additional two feet (2') will not adversely affect the neighboring area acknowledging that positive findings were made with respect to the visual compatibility of Height prior to the adoption of the new measurement, and would have been addressed during the initial approval consideration if the City Commission felt that the height would adversely affect the neighboring area; (b) the provision of public facilities will not be diminished, as they would likely not be affected; (c) an unsafe situation would not be created; and (d), the granting of this waiver is not a special privilege as this is a unique situation, and would likely be supported for other developments approved, yet not established, prior to the existing LDR requirements. RECOMMENDATION 1. Approve the waiver request to Section 4.51(E)(8)3.a., Upper Story Height, to allow an increase of the maximum upper story height from twelve feet (12') to fourteen feet (14'). 2. Approve the extension request of the Certificate of Appropriateness and Class V Site Plan Application approval for the property located at 36 SE 1st Avenue (2008-064) within the Old School Square Historic District, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Sections 2.4.4(D) and (F)(1) & (3) of the Land Development Regulations., with said approval to be valid until August 19, 2012, subject to the following conditions: That the five foot (5') right-of-way dedication for SE 1st Avenue is accepted by the City Commission;That the two foot (2') right-of-way dedication for the alley is accepted by the City Commission; That a revised photometric plan be submitted which complies with the applicable requirements noted in LDR Section 4.6.8(A)(3). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA TWENTY-FOUR MONTH EXTENSION AND WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF APPROPRIATENESS AND CLASS V SITE PLAN APPLICATION FOR THE PROPERTY AT 36 SE 1ST AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The above named twenty-four month site plan extension and waiver request has come before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the site plan extension and waiver request for 36 SE 1St Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II below. I. SITE PLAN EXTENSION A. Section 2.4.4(F)(1) requires certain preliminary requirements to be met, such as: A written request submitted at least 45 days prior to the expiration date; The request must set forth the basis and reason for the extension; The request must be considered by the same body that granted the approval; The extension, if granted, shall be for a term of 18 months unless otherwise stated. Have the preliminary requirements of Section 2.4.4(F)(1) been met? Yes No B. In making a determination under LDR Section 2.4.4(F)(3) the Commission shall consider the following: When the project has not commenced construction, or construction has not been deemed substantial, the request for extension shall be considered pursuant to the following: (a) The project shall be evaluated pursuant to the land development regulations in effect at the time of consideration of the extension request and shall comply with such current requirements; (b) Additional submittal information including a new application and copies of previously submitted material may be required; (c) The granting body must make findings pursuant to 2.4.4(6); and (d) The granting body may impose additional conditions of approval pursuant to 2.4.4(C) to insure compliance with any applicable changes to regulations or changes in circumstances which have occurred since the previous approval. Have the requirements of Section 2.4.4(F)(3) been met? Yes No II. WAIVER REQUEST Pursuant to Section 4.5.1(E)(8)(3).a., "Upper Story Height", the height from finished floor elevation to finished floor elevation or top of beam tie or bond) shall not exceed twelve feet (12'). The waiver request to the subject requirement seeks to increase the second story height on the previously approved development from twelve feet (12') to fourteen feet (14'). 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 request to increase the second story height from 12 feet to 14 feet meet the requirements of Section 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 site plan was submitted and finds that its determinations set forth in this Order are consistent with the goals, policies, and objectives of 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 site plan extension and waiver request to allow the previous conditional use approvals to be valid until August 19, 2012 subject to the following conditions: (a) That the five foot (5') right-of-way dedication for SE 1St Avenue is accepted by the City Commission; (b) That the two foot (2') right-of-way dedication for the alley is accepted by the City Commission; and (c) That a revised photometric plan be submitted which complies with the applicable requirements noted in LDR Section 4.6.8(A)(3). The City Commission hereby adopts this Order this 5th day of October, 2010, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 3 MEMORANDUM T0: Mayor and City Commissioners FROM: AMY E. ALVAREZ, HISTORIC PRESERVATION PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 12, 2008 SUBJECT: AGENDA ITEM 9.A. -Regular Commission Meeting OF August 19, 2008 Appeal of Historic Preservation Board Decision/36 S.E. 1st Avenue Item Before Commission The action requested of the City Commission is consideration of an appeal of the Historic Preservation Board's (HPB) decision made on March 6, 2008. The HPB denied the Certificate of Appropriateness (COA), Class V Site Plan Application, and associated waiver and variance requests for the new construction of a two-story office building located at 36 SE 1St Avenue based upon a failure to make findings that the request was consistent with the Comprehensive Plan and met the criteria set forth in the LDRs, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. Background On March 6, 2008, the Historic Preservation Board (HPB) considered a Certificate of Appropriateness (COA), Class V Site Plan Application for the construction of a new, 10,739 square foot two-story office building located at 36 SE 1St Avenue, within the Old School Square Historic District. The first floor contains 5,952 square feet (487 square feet of office-use related space and 5,465 square feet of covered parking containing 14 parking spaces), and the second floor contains 4,787 square feet of office space. The proposal also requested a total of four (4) variances to the lot coverage (from 40% to 68.3%), the side street setback (from 15' to 2'2"), the side interior setback (from 7'6" to 4'10'x, and the front setback (from 25' to 5'). In addition, there were three (3) waiver requests. The first request was to LDR Section 4.6.9(D)(4)(d), which requires that two-way traffic flow be used when perpendicular parking spaces are proposed and cone-way traffic flow system is provided. The second waiver request was to LDR Section 4.6.14(A)(1), which requires a twenty foot (20') sight triangle on both sides of an accessway (exits from covered parking), while 5'6" is proposed. The third waiver request was to LDR Section 4.6.14(A)(2), which requires a forty foot (40') sight triangle at the E/W Alleyway and SE 1St Avenue, while 15' 4" is proposed. The HPB denied the development proposal, and its associated variance and waiver requests on a 5- 0vote (one member abstained). A complete analysis of the proposal is found in the attached Historic Preservation Board Staff Report of March 6, 2008. It is noted that an LDR Amendment was initially submitted which proposed to include the subject property with those within the OSSHAD zoning district which are subject to the CBD (Central Business District) permitted uses and development standards. However, the City Commission directed Staff to work with the applicant to find alternatives to the amendment during its review of the request on First Reading (October 2, 2007). The processing of waivers and variances to the current OSSHAD regulations associated with this proposal were requested as a means of maintaining the OSSHAD regulations on the property. Further, this alternative would avoid the possibility of the more liberal CBD requirements being utilized for future development if the current development proposal was not to occur. The Second Reading for this original request has been postponed until the September 3, 2008 City Commission meeting, pending resolution of the subject appeal. Review By Others The HPB followed the established quasi-judicial procedures in considering the project. The applicant offered testimony in support of the development proposal. The HPB took testimony from members of the public who spoke both for and against the project. APPEAL On March 18, 2008, Michael S. Weiner, of Weiner, Aronson, and Mankoff, submitted an appeal of the Historic Preservation Board's action of the subject property. The basis of the appeal is that the HPB ~~failed to apply the ordinances of the City to the decision correctly", and ~~failed to rule in favor of the appellant." The appeal request was initially scheduled for City Commission consideration on May 6, 2008. However, the applicant requested a continuation given concerns over issues related to the ability of the City Commission to consider appeals of variance requests which are normally appealable to Circuit Court. At the City Commission meeting of August 5, 2008, Ordinance 28-08, which provided that variances acted upon by the HPB may be appealed to the City Commission rather than Circuit Court was approved retroactive to January 1, 2008. Therefore, the entire project including the variance requests may now be considered by the City Commission. The relief being sought is a reversal of the decision and the approval of the development application as presented to HPB at the March 6, 2008 meeting. Recommendation Staff supported the subject project and the associated relief requests, and continues to recommend approval. However, the recommended conditions of approval have been slightly revised as noted below. It is noted that no additional conditions have been added, while the previously noted condition referencing a necessary variance request associated with the potential lot of the structure to be relocated was removed, as it is not necessary to note this within the conditions of approval for the subject development proposal. Approve the appeal, thereby overturning the HPB denial, subject to the conditions as recommended in the attached Staff Report, amended as follows: 1. That sketches are provided of the proposed fencing and the decorative metal security gate on the east elevation. 2. That dimensions of the proposed signs are provided. 3. That elevations of the solid waste enclosure indicating height, gating and materials are provided. 4. That the height to the mean roof level is shown on the drawings. 5. That the five foot (5') right-of-way dedication for SE 1St Avenue is accepted by the City Commission prior to site plan certification. 6. That the two foot (2~ right-of-way dedication for the alley is accepted by the City Commission prior to site plan certification. 7. That the Site Plan and Engineering Technical Comments noted in the Staff Report be addressed. 8. That the Landscape Technical Comments noted in the Staff Report be addressed. 9. That a COA application for relocating the house is submitted by the prospective owner and the application is approved by the HPB. 10. That the relocation application contain an application for individual listing, even if the new location is within a designated historic district. 11. That relocation does not take place until the permit for the redevelopment plans has been issued. 12. 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IN i d I ~ w ~ ~ w = ~ Z ~ ~ ~ ~ w ~_ ¢ I J W ~ H w IL ~ r~ i I a I I I I I ,z LJ I .I~~Q~-~ JI o- ~_ -I x, z o U ~ - ~ i 2 _~ ~_ i -; i i I --~;_ Z~ oZ- N w -~ _ - U "g H ~ N N I d '~ - ~ I I -w ~': ~ Q O ~ _~ -Z Oj ~ J w =wJ Q ~ p w ~ w _ > w 2 ~ J ~ } ,O ~ J ~Q C7 ~ __ i .._` ~ I ~~ O - ~ - - N - h `AUt I J Q ~a ~ W Z J ~ J W Q ~ 0 ~ W W > ~ U ~ ~ ~ ~ ¢ ~ w w ~U ~~ O O O O H a ~~ d ~ ~ + ~ ~ r Q + r ~ '' ^^ N ~p Y! _ t ~ t0 ~ O Q w Z~ ~'- ~ 2 ~ O a J w > ~ I ono d ~ ~ ~_ _~ t I I - t0 ~ Q1 + ~ M _ O ~~ N ~p t ~ D J c~a ~-- z Q~ ~ 8 ~ ~ '~ ~ m 0 w > V I Z ~ Z W w ~IJ 1 ~ = 1 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 30, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 WAIVER REQUEST/ 511 S. OCEAN BOULEVARD ITEM BEFORE COMMISSION Consideration of a waiver to reduce the required sight visibility triangle from 10' to 4'2" for a clear line of sight between three feet (3') and six feet (6') in the area formed along both sides of the driveway intersecting the property line at 511 South Ocean Boulevard for a proposed new single family residence within the Ocean Overlay District. BACKGROUND Waiver Rec/uests LDR Section 2.4.7(B~(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. The applicant is requesting relief from the requirement for a clear line of sight between three feet (3') and six feet (6') within the ten foot (10') sight visibility triangle forming the area along both sides of the driveway intersecting the property line at 511 South Ocean Boulevard, a proposed new single family residence within the Ocean Overlay District. Since the property line is 34' from the driveway intersection with the roadway of South Ocean Boulevard, and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and existing the site. There is a 2' 8" x 2' 8" concrete pier measuring T in height and attached to a 6' swinging gate, proposed within the required 10' sight visibility triangle within 4' 2" of the property line. This prevents the clear line of sight from 3' to 6' as required in the sight triangle as described in the LDRs. The applicant has provided the following verbatim justification: "The purpose and intent of these triangles is to provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections. As the intersection of the drive and the road is 34' west of the property line in this case, site triangles at the property line serve no purpose. We believe there is justification to grant the waiver as the purpose and intent as written in the LDR's is not fulfilled. " The elimination of the 10' sight visibility triangle at the intersection of the driveway and the property line for 511 South Ocean Boulevard will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested waiver will not have an adverse affect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS Projects within the Ocean Overlay District require compliance with the Beach Property Owners Design Manual (BPOM) prepared by Urban Design Kilday Studios (UDKS). Review of the 10' sight visibility triangle waiver is not required by UDKS, since the noncompliance issue is related to the Land Development Regulations and not the BPOM. RECOMMENDATION Move approval of the waiver request to LDR Section 4.6.14(B)(1) to reduce the requirement for a ten foot (10') sight visibility triangle at the intersection of the driveway and the property line from 10' to 4'2" for 511 South Ocean Boulevard, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 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 REQUEST RELATING TO THE SIGHT VISIBILITY TRIANGLE ASSOCIATED WITH THE CONSTRUCTION OF ANEW SINGLE FAMILY RESIDENCE AT 511 S. OCEAN BLVD. 1. This waiver request to reduce the clear line of sight requirement pertaining to the sight visibility triangle associated with the construction of a new single family residence at 511 S. Ocean Blvd. has come before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request. 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 SIGHT VISIBILITY TRIANGLE: LDR Section 4.6.14(8)(1) provides a requirement for a ten foot (10') sight visibility triangle. The Applicant is requesting to reduce the requirement for a ten foot (10') sight visibility triangle from ten feet (10') to four feet, two inches (4'2"), stating as justification, "The purpose and intent of these triangles is to provide sufficient view corridors for safe interaction of vehicles and pedestrians at intersections. As the intersection of the drive and the road is thirty four feet (34') west of the property line in this case, site triangles at the property line serve no purpose. We believe there is justification to grant the waiver as the purpose and intent as written in the LDR's is not fulfilled." Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; 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. 1 Does the waiver request to reduce the requirement for a ten foot (10') sight visibility triangle from ten feet (10') to four feet, two inches (4'2"), meet all of 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 request to LDR Section 4.6.14(8)(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of October, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. 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T_g SEAGA TE TOWERS Q F- Q O C~ Q ~- z OCEAN TERR. N A S S A U S T. ~ z WINDEMERE HOUSE Q w CONDO z ~ ~ BAY STREET C W LANIKAI ~ ~ VILLAS CONDO Q LANGER WAY ~ z Q w U SEAGA TE CASUARINA ROAD MANOR o ~ z ~ a o~ o ~ BUCIDA z R~qO ~ w c~ o a z a ~ Q w J ~ ~ [) MELALEUCA RD. ~ w Q Q w O _~ V v D Q r 0 v ,~ w w C/) ~~ ~ '' ~ SUBJECT PROPERTY ~ ,~ ~ ~ 511 S. OCEAN BL~/D it PLANNING AND ZONING LOCATION MAP ~~. DEPARTMENT -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Pla nning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1209_511 S. Ocean Blvd. AZALEA RD. I I I MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: October 1, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 WAIVER REQUESTS/57 SW 5TH AVENUE PUBLIC PARKING LOT ITEM BEFORE COMMISSION Consideration of three (3) waiver requests for 57 SW 5th Avenue including a waiver to LDR Section 6.1.2(c)(3)(a) to allow 23' where 24' minimum aisle width is required, to LDR Section 4.6.16(H)(3)(d) to allow a 0' to 3' 4i/z" landscape buffer where 5' is required, and to LDR Section 4.69(D)(3)(c)(1) to allow T where 20' of stacking is required. BACKGROUND Waiver Requests LDR Section 2.4.7(B~(5) Findin~s~. Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting 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. WAIVER TO 24' MINIMUM AISLE WIDTH The applicant has requested a waiver to Land Development Regulation (LDR) Section 6.1.2(c)(3)(a) to allow 23' aisle width where 24' minimum aisle width is required. This relief is requested for the portion of the site (west) which accommodates back-out parking. The following verbatim justification has been provided: "A single loaded perpendicular parking area requires a paved parking lot width of 42'. ... ,the two parking areas are connected by a ... 20' wide drive. The width of the drive aisle on the portion of parking lot located adjacent to SW 5th Avenue is proposed to be 23'. The waiver will maintain a safe situation as this section of parking is proposed to be single loaded parking stalls with a 23' drive aisle and will not impede traffic circulation in any manner. " The development proposal provides atwo-way drive aisle which is 20' wide in part and 23' wide in part, which traverses the property from SW 5th Avenue to SW 4th Avenue. The 20' portion does not have any back out parking and can be reduced to 20' without relief. The 23' portion has ten (10) back out spaces and will require a waiver. The reduced width is being requested as the provision of additional pavement is not feasible given its proximity to adjacent properties to the north and south and competing requirements for perimeter landscape buffers. Pursuant to LDR Section 6.1.2(C), the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the provision of a 24' pavement width would not be feasible or would constitute a hardship provided the reduction would not endanger public safety and welfare. The granting of this waiver will not endanger public safety and welfare. Approval will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The approval of this waiver will not result in the granting of a special privilege, in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Based on the above, positive findings can be made with respect LDR Section 2.4.7(B)(5) to support the waiver request. WAIVER TO 5' LANDSCAPE BUFFER The applicant has requested a waiver to Land Development Regulation (LDR) section 4.6.16(H)(3)(d) to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties in association with a proposed public parking lot located at 57 SW 5th Avenue. The following verbatim justification has been provided: "The proposal provides fora 21-space public parking lot to serve the surrounding businesses in the area that is comprised of (2) separate parking lot areas and connected by a 20' driveway approximately 25' in length and is needed to provide for better traffic circulation among the two (2) parking lot areas proposed on the site. The 20' drive aisle in this area will require relief from LDR Section 4.616(H)(3) (d) as it relates to minimum landscape buffer area of 5 feet. The newly constructed West Atlantic Avenue Public Plaza located nearby on the southwest corner of West Atlantic Avenue and SW 5th Avenue creates additional need for public parking in the area. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents and will not impede the ability for vehicles to adequately circulate on the site and maximize the number of parking stalls available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and has been granted under similar circumstances in the past. " Pursuant to LDR Section 4.6.16 (H)(3)(d), a landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip not less than five feet (5') in width. A planting strip along the property line to the northeast measures from 3' 4i/z" up to 5' 0" and runs adjacent to the 20' drive aisle for 143.53'. All portions less than 5'0" require a waiver to this section. A planting strip along the property line to the southwest measures from 0'0" up to 3'4" and runs adjacent to the parking row and 23' drive aisle for 126.66'. All portions measuring 0'0" to less than 5'0" require a waiver to this section. A waiver to this requirement is justifiable based upon the fact the same amount of landscaping material (hedging) and fencing is proposed in the reduced depth, which will provide buffers for the adjacent properties. Therefore, the absence of the full five foot (5') buffer will not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). WAIVER TO 20' STACKING DISTANCE The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.6.9(D)(3)(c)(1) to allow reduction of the stacking distance from twenty feet (20') to seven feet (T) for a proposed twenty-one (21) space public parking lot located at 57 SW 5th Avenue. The following verbatim justification has been provided: "The provision of two driveways serving the parking lot provides alternatives means of ingress/egress. It is also noted that the distance from the travel lane on SW 5th Avenue to the first parking space is 23' which minimizes any impacts to local traffic. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents while maximizing the number of parking spaces available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and similar waivers have been granted under similar circumstances in the past. " Pursuant to LDR Section 4.69(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. The applicant has proposed seven feet (T) of stacking distance between the SW 5th Avenue entrance and the first parking space. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the constaints due to the lot size (0.6566 acres), the applicant has had to maximize the proposed parking on-site. In turn, a reduction to seven feet (T) of stacking does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from twenty feet (20') to seven feet (T) with respect to LDR Section 2.4.7(B)(5). REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the three (3) waiver requests at their meeting of September 22, 2010 in conjunction with the Class V Site Plan approval. The Board moved to recommend approval of all three (3) waivers on a unanimous vote of 7-0. A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board staff report of September 22, 2010. RECOMMENDATION By Separate Motions: 24' Aisle Width Waiver Move approval of the request for a waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum aisle width of the interior drive aisle serving backout parking from 24' to 23', by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. 20' Stackin,~ Distance Waiver Move approval of the request for waiver to LDR Section 4.69(D)(3)(c)(1), to reduce minimum stacking distance from twenty feet (20') to seven feet (T ), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5) of the Land Development Regulations. 5' Landscape Buffer Waiver Move approval of the request for waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from five feet (5') to as low as 0" on the south and as low as 3' 4 i/z" on the north, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA THREE (3~ WAIVER REQUESTS ASSOCIATED WITH 57 SW 5 "AVENUE (CRA PUBLIC PARKING LOT) 1. These waiver requests came before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 57 SW 5t" Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(1), the minimum distance between aright-of-way and the first parking space or aisle way in a parking lot that has twenty-one to fifty (21 - 50) proposed parking spaces shall be twenty feet (20'). The applicant has submitted a waiver request from the stacking distance requirement. The applicant has submitted the following verbatim narrative in support of the waiver: The provision of two driveways serving the parking lot provides alternatives means of ingress/egress. It is also noted that the distance from the travel lane on SW 5t" Avenue to the first parking space is 23' which minimizes any impacts to local traffic. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents while maximizing the number of parking spaces available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and similar waivers have been granted under similar circumstances in the past. Should the applicant's waiver request to reduce the stacking distance from twenty (20) feet to seven (7) feet be granted? Yes No B. Drive Aisle Width: Per LDR Section 4.6.9(D)(3)(b), the minimum roadway pavement width is twenty- fourfeet (24'). Plans indicate that the roadway width is reduced to twenty feet (20') and twenty-three feet (23'). The applicant has submitted the following verbatim narrative in support of the waiver: A single loaded perpendicular parking area requires a parking lot width of 53'. In addition, the two parking areas are connected by a 25' wide area which will contain the 20' wide drive. The width of the drive aisle on the portion of parking lot located adjacent to SW 5t" Avenue is proposed to be 25'. The waiver will maintain a safe situation as this section of parking is proposed to be single loaded parking stalls with a 23' drive aisle and will not impede traffic circulation in any manner. Should the applicant's waiver request for reduced drive aisle width be granted? Yes No C. Landscape Strip Separating Vehicle Use Area: Per LDR Section 4.6.16(H)(3)(d), landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. A planting strip of three foot, four and a half inches (3' 4 '/" )has been provided along north property line and zero inches (0") has been provided along the south property line adjacent to the two-way drive aisle. The applicant has submitted the following verbatim narrative in support of the waiver: The proposal provides fora 21-space public parking lot to serve the surrounding businesses in the area that is comprised of two (2) separate parking lot areas and connected by a 20' driveway of approximately 25' in length and is needed to provide for better traffic circulation among the two (2) parking lot areas proposed on the site. A 20' drive aisle in this area will require relief from LDR Section 4.6.16(H)(3)(d) as it relates to minimum landscape barrier area of 5'. The newly constructed West Atlantic Avenue Public Plaza located nearby on the southwest corner of West Atlantic Avenue and SW 5t" Avenue provides additional need for 2 public parking in the area. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents and will not impede the ability for vehicles to adequately circulate on the site and maximize the number of parking stalls available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and has been granted under similar circumstances in the past. Should the applicant's waiver request for the reduced width of the landscape strip separating vehicle use area be granted? 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 4.6.9(D)(3)(b), 4.6.9(D)(3)(c)(1), and 4.6.16(H)(3)(d). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of October, 2010, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. 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T + +N } 'rue ~ ~ i N ~ `tee- c p 8 ~r?a ~ g g 0 i + *~~. r*x + W~~s ~~~ ~ ~S ~ o ~ ~~€~ z ~~ z ~. + ~ + ~ ~: y ad ~ .o-tip .n .r + ~ "`" r V ~ ~.~ ~ N ~.j +N ~` (n o e~7 ti ' ~ s" ~ +N M +c S +N [ ~ N { ~ °O ~ ]4~7 ~ +N ` 1 ` ~ ~ ~ ~ N +~ rN._...._..~ , --¢ -J 1 -- - - - - - _- ~- ,• ~ • 'yam .. ~ .. , '~n~~v uls,nns -_ '' - - °i SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 22, 2010 ITEM: CRA Public Parking Lot - Class V site plan and landscape plan associated with the construction of a twenty-one (21) space parking lot at 57 SW 5t" Avenue GENERAL DATA: Owner/Applicant/Agent........... Delray Beach CRA (Community Redevelopment Agency) Location .................................... South of Atlantic Avenue and north of SW 1St Street, on SW 5t" Avenue Property Size ........................... 28,610 sq. ft. (0.6566 acres) Future Land Use Map ... ... ... ... CC (Commercial Core) Zoning ....................................... CBD (Central Business District) Adjacent Zoning............ North: CBD (Central Business District) East: CBD (Central Business District) & CF (Community Facilities) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ..................... Vacant Land Proposed Land Use .................. Twenty-one (21) space public parking lot Water Service .......................... Available via an 8" water main within the SW 5t" Ave. r.o.w. and a 20" water main within the SW 4t" Ave. and r.o.w. Sewer Service ........................... Available via an 8" sewer main within the SW 4t" Ave. and SW 5t" Ave. r.o.w. ITEM BEFORE THE BOARD The action before the Board is approval of a Class V site plan request for 57 SW 5th Avenue pursuant to LDR Section 2.4.5(F). The request involves the following elements: ^ Site Plan ^ Landscape Plan ^ Waiver Requests The property is located south of West Atlantic Avenue and north of SW 1St Street, on SW 5th Avenue. BACKGROUND The property consists of 0.6566 acres (28,610 sq. ft.) of vacant land. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD (Central Business District) and has a CC (Commercial Core) future land use map designation. The action now before the Board is approval of a public parking lot. PROJECT DESCRIPTION The development proposal incorporates the following: ^ Construction of a twenty-one (21) space parking lot for utilization by the general public ^ Provision of two (2) handicap accessible parking spaces ^ Provision of a bicycle rack ^ Provision of an interior pedestrian walkway connector to SW 4th Avenue ^ Installation of interior decorative light fixtures ^ Litter receptacle ^ Associated landscaping SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. (Accessibility for residential structures is covered by the Federal Fair Housing Act). The development proposes to provide two (2) handicap accessible parking spaces. Thus, this LDR requirement has been met. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack is proposed along SW Stn Avenue. Thus, this LDR requirement has been met. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 2 Lighting: Pursuant to LDR Section 4.6.8(A)(3), the minimum illumination for the proposed parking lot is 0.3 foot candle and the maximum is 4.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candles and the maximum is 3.8 foot candles. The elevation detail of the decorative light pole on the photometric plan indicates a proposed height of seventeen feet (17') which is under the twenty-five foot (25') foot maximum height. Thus, the lighting plan is in compliance. Open Space: Per LDR Section 4.4.13(F)(2), a minimum of 10% of non-vehicular open space is required in the CBD zoning district. The proposed parking lot complies with this requirement since 25.68% non-vehicular open space is provided. Crime Prevention Through Environmental Design (OPTED): A OPTED review has been performed by the City Police Department the plan is found to be in compliance. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingress/egress driveway. The 10' sight triangles have been correctly depicted and indicate visibility within the 3' to 6' height requirement. Thus, this standard is met. Other Issues: Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Item Sidewalk Sidewalk Curb & Curb & Right-Of- Right-Of- Considered Width Width Gutter Gutter Way Way -Existin - -Proposed- -Existin - -Proposed- -Existin - Dedication SW 4t Ave. Yes (5') No chap e No No 50' N/A SW 5t Ave. Yes (15') 5' easement Yes No 40' N/A Pursuant to LDR Section 5.3.1.D.2., fifty feet (50') of right-of-way is required for a local roadway with curb and gutter and sixty feet (60') of right-of-way is required for a local roadway without curb and gutter. Curb and gutter exists for SW 5th Avenue, but not for SW 4th Ave, thus and additional 10' of right-of-way is required. A reduction in the required right-of-way width was considered at the Development Services Management Group (DSMG) meeting of August 26, 2010. The City Engineer and DSMG approved the reduction of right-of-way for SW 5th Avenue from 50' to 40' and SW 4th Avenue from 60' to 50'. Pursuant to LDR Section 6.1.3(B), a minimum five foot (5') sidewalk is required for all local roads. A 15 foot sidewalk exists on SW 5th Avenue, 5' of which is located within an existing sidewalk easement. The DSMG recommended that this easement continue. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 3 Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. On the boundary and topographic survey, the location map should reference SW 4th Ave. and SW 5th Ave. not NW 4th Ave. and NW 5th Ave. south of West Atlantic Avenue adjacent to the subject property. 2. The widths of the existing sidewalks along SW 4th Avenue and SW 5th Avenue are not dimensioned. Although they are graphically depicted, they are not labeled on the site plan or landscape plan. 3. Clearly label the proposed locations of the bicycle racks and trash bins. 4. The development proposal incorporates combined use of five (5) lots with different parcel control numbers. Combine the five (5) parcels by a unity of title and provide staff with a copy of the legal documents. LANDSCAPE ANALYSIS The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.16. The proposed landscaping consists of a variety of trees including Foxtail Palms, Spanish Stoppers, East Lake Palatka Holly, Podocarpus and Cathedral Live Oak. Shrubs and groundcovered areas will consists of Red Tip Cocoplum, Flax Lily, Dwarf Fire Bush, Dwarf Wild Coffee, Tropical Sage and Native Porteweed. Landscape Technical Items: The following Landscape Plan item is strongly recommended, and will need to be addressed prior to building permit issuance. 1. LDR 4.6.16(H)(3)(a) requires the installation of one (1) canopy tree every 30 linear feet and a hedge that is a minimum height of 2' above grade adjacent to the SW 4th Avenue Right-of-Way. 2. LDR 4.6.16(H)(3)(d) requires the installation of a hedge that is a minimum of 2' in height and at least one (1) canopy tree every 25 linear feet to form a solid tree line. Canopy trees shall be a minimum of 12' in height. This regulation applies to the southern edge of the property line, closest to SW 4th Avenue. 3. Show the landscape calculations using the sheet for Multi-family, Commercial and Industrial properties. These calculations apply towards parking lots too. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 4 Analvsis of Waiver #1: Drive Aisle Width Pursuant to LDR 4.6.9 (D)(3)(b), the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced to 20' as opposed to the required 24'. The applicant has provided the following verbatim justification statement regarding the waiver request: 'A single loaded perpendicular parking area requires a parking lot width of 53'. In addition, the two parking the areas are connected by a 25' wide area which will contain the 20' wide drive. The width of the drive aisle on the portion of parking lot located adjacent to SW 5t" Avenue is proposed to be 23'. The waiver will maintain a safe situation as this section of parking is proposed to be single loaded parking stalls with a 23' drive aisle and will not impede traffic circulation in any manor." The development proposal provides a 20 foot wide two-way driveway which leads to a 23 foot wide two-way drive aisle accomodating the parking off of SW 5th Avenue. Also, the 20 foot wide two-way driveway extends to a 24 foot wide two-way drive aisle accomodating the parking off of SW 4th Avenue. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analvsis of Waiver #2: Stacking Distance Pursuant to LDR Section 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20) for twenty-one (21) to fifty (50) proposed parking spaces. The applicant has proposed seven feet (7) of stacking distance between the SW 5r" Avenue entrance and the first parking space. A waiver has been requested to reduce the stacking distance from twenty feet (20') to seven feet (7'). The applicant has provided the following verbatim justification statement regarding the waiver request: "The provision of two driveways serving the parking lot provides alternatives means of ingress/egress. It is also noted that the distance from the travel lane on SW 5t" Avenue to the first parking space is 23' which minimizes any impacts to local traffic. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents while maximizing the number of parking spaces available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and similar waivers have been granted under similar circumstances in the past. " Pursuant to 4.6.9(D)(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50) proposed parking spaces. A waiver to this requirement is justifiable to allow the site to accommodate the maximum amount of parking feasible. Given the constaints due to the lot size (0.6566 acres), the site has had to maximize the provided parking on-site. In turn, a reduction to seven feet (7') of stacking does not affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made in the reduction of the required stacking from twenty feet (20') to seven feet (7') with respect to LDR Section 2.4.7(B)(5). Analvsis of Waiver #3: Landscape Strip Separating Vehicle Use Area Pursuant to LDR Section 4.6.16 (H)(3)(d), a landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area in a planting strip of not less than five foot (5') in width. A planting strip of 3'4 %" has been provided along the north SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 5 property line and 1'8" has been provided along the south property line adjacent to the two-way drive aisle. A waiver has been requested to reduce the landscape barrier from five feet (5') to 3'4%2" along the north property line and 1'8" along the south property line. The applicant has provided the following verbatim justification statement regarding the waiver request: "The proposal provides fora 21-space public parking lot to serve the surrounding businesses in the area that is comprised of (2) separate parking lot areas and connected by a 20' driveway of approximately 25' in length and is needed to provide for better traffic circulation among the two (2) parking lot areas proposed on the site. A 20' drive aisle in this area will require relief from LDR Section 4.6.16(H)(3)(d) as it related to minimum landscape barrier area of 5 feet. The newly constructed West Atlantic Avenue Public Plaza located nearby on the southwest corner of West Atlantic Avenue and SW 5t" Avenue provides additional need for public parking in the area. This situation will enhance the provision of public facilities by providing needed parking for area businesses and residents and will not impede the ability for vehicles to adequately circulate on the site and maximize the number of parking stalls available on the site. The waiver will not result in a special privilege as the proposed public parking lot is located within the City's CBD (Central Business District) and has been granted under similar circumstances in the past. " Pursuant to LDR Section 4.6.16(H)(3)(d), alandscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting property in a planting strip of not less than five feet (5') in width. A waiver to this requirement is justifiable based upon the fact that more than adequate landscaping and fencing buffers the adjacent properties from the proximity to the proposed 20' two-way drive aisle. Therefore, the absence of the five foot (5') buffer will not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDRs as noted below. Section 3.1.1 (A) -Future Land Use Map: The subject property has a Future Land Use Map designation of CC (Commercial Core) and is zoned CBD (Central Business District). The CBD zoning district is consistent with the CC Future Land Use Map designation. Pursuant to LDR Section 4.4.13(B)(3)(b), public parking lots are allowed as a principal use in the CBD zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Section 3.1.1 (B) -Concurrency: As described in Appendix A, a positive finding of Concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, solid waste, and schools. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 6 Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, when all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Transportation Element Policy D-1.1: All new development and redevelopment shall provide for the installation of sidewalks or otherwise accommodate pedestrian traffic so that a pedestrian does not have to use vehicular travelways to access common areas or neighboring properties. The development proposal has accommodated this policy. The proposed development promotes pedestrian movements by providing convenient walkway access from the interior of the parking lot to the adjacent proposed sidewalk along SW 4th Avenue. Thus, this standard is met. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal has accommodated one (1) bike rack on site. Based upon the above, the development will comply with Transportation Element Policy D-2.2. Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property is currently vacant land. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding uses and provide parking opportunities for adjacent community facilities and the general public. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Zonin Use: North Central Business District CBD Commercial Buildin s South Central Business District CBD Commercial Buildin s East Central Business District (CBD) & Communit Facilities CF Vacant Land and Police Department Facilities West Central Business District CBD Commercial Buildin s SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 7 With respect to the uses, compatibility is not a concern. The development proposal will provide additional public parking spaces for the adjacent properties. Adjacent uses include retail and commercial businesses and community facilities. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties and the properties will not experience a depreciation of property values. REVIEW BY OTHERS Community Redevelopment Agency (CRA): As the project is being processed by the CRA, there is no objection to the development proposal. Downtown Development Authority (DDA): At its meeting of September 13, 2010, staff presented the project to the DDA and they recommended approval. West Atlantic Redevelopment Coalition (WARC): At its meeting of September 14, 2010, staff presented the project to the WARC and they recommended approval. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and/or civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray ^ Merritt Park ^ Ebony Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION The proposed parking lot will provide additional parking for adjacent businesses and the general public. The parking lot will be an asset to the neighbors and the community as whole. The proposed development substantially complies with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class V site plan, landscape plan and waiver requests for the 57 SW 5th Avenue, 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. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 8 C. Move denial of the Class V site plan, landscape plan and waiver requests for 57 SW 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION By Separate Motions: Waiver #1 Drive Aisle Width Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior drive aisle from 24 feet to 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Waiver #2 Stacking Distance Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce minimum stacking distance to seven feet (7') for twenty-one (21) to fifty (50) proposed parking spaces where twenty feet (20') stacking is required, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B) (5) of the Land Development Regulations. Waiver #3 Landscape Strip Separating Vehicle Use Area Move a recommendation of approval of the City Commission of the request for waiver to LDR Section 4.6.16(H)(3)(d) to reduce the perimeter landscape strip from five feet (5') to 1'8" on the south and 3' 4 %2" on the north, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. Site Plan: Approve the request for a Class V site plan for 57 SW 5th Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. On the boundary and topographic survey, the location map should reference SW 4th Ave. and SW 5th Ave. not NW 4th Ave. and NW 5th Ave. south of West Atlantic Avenue adjacent to the subject property. 2. The widths of the existing sidewalks along SW 4th Avenue and SW 5th Avenue are not dimensioned. Although they are graphically depicted, they are not labeled on the site plan or landscape plan. 3. Clearly label the proposed locations of the bicycle racks and trash bins. 4. The development proposal incorporates combined use of five (5) lots with different parcel control numbers. Combine the five (5) parcels by a unity of title and provide staff with a copy of the legal documents. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 9 Landscape Plan: Approve the landscape plan for 57 SW 5th Avenue based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following condition: 1. LDR 4.6.16(H)(3)(a) requires the installation of one (1) canopy tree every 30 linear feet and a hedge that is a minimum height of 2' above grade adjacent to the SW 4th Avenue Right-of-Way. 2. LDR 4.6.16(H)(3)(d) requires the installation of a hedge that is a minimum of 2' in height and at least one (1) canopy tree every 25 linear feet to form a solid tree line. Canopy trees shall be a minimum of 12' in height. This regulation applies to the southern edge of the property line, closest to SW 4th Avenue. 3. Show the landscape calculations using the sheet for Multi-family, Commercial and Industrial properties. These calculations apply towards parking lots too. Attachments: Location Map, Appendix A, Appendix 8, Site Plan, Landscape Plan, Civil Plans, Photometric Plan Report Prepared By: Candi N. Jefferson, Senior Planner SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 10 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(8) concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: ^ Water is available via an 8" water main within the SW 5th Ave. r.o.w. and a 20" water main within the SW 4th Ave. and r.o.w. ^ While sewer service is not necessary for the proposed parking lot, there is an existing 8" sewer main within the SW 4th Ave. and SW 5th Ave. r.o.w., if service were needed at some time in the future. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Drainage is to be accommodated via sheet flow to catch basins that drain to an exfiltration system. There are no problems anticipated in complying with South Florida Waste Management District (SFWMD) requirements and thus, obtaining a surface water permit. Streets and Traffic: The proposed public parking lot use does not generate traffic demand, therefore a finding of concurrency as it relates to traffic is not applicable. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The public parking lot use will not generate waste. However, the Solid Waste Authority (SWA) has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2043, thus a positive finding with respect to this level of service standard can be made. School Concurrency: The proposed development does not contain a residential component, therefore a finding of concurrency is not applicable. SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 11 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent SPRAB Staff Report Class V Site Plan and Landscape Plan for 57 SW 5th Avenue (CRA public parking lot) Page 12 G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: September 30, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 CONDITIONAL USE REQUEST/ GERMAN AUTO WORLD, INC. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to establish an auto body, paint and repair shop in existing warehouse buildings located in the MIC (Mixed Industrial and Commercial) zoning district, pursuant to LDR Section 2.4.5(E). BACKGROUND The business is to be located at 2175 West Atlantic Avenue, which is on the north side of West Atlantic, just west of Congress Avenue. The proposal involves a 1.69 acre site consisting of a large multi-tenant warehouse building totaling 18,816 sq. ft. which fronts on West Atlantic Avenue and a small 4,848 sq. ft. warehouse building in the rear. The conditional use will legally establish an auto body, paint and repair shop within 9,075 sq. ft. (westernmost bay) of the 18,816 sq. ft. building and in the 4,848 sq. ft. warehouse building in the rear, for a total of 13,923 sq. ft. The operation will include an auto body, paint and repair shop with a customer waiting area, employee offices and interior parking. The use falls within the category of automobile body, paint and repair, and requires conditional use approval per LDR Section 4.4.19(D)(1)(c). There will be a maximum of six (6) employees. Three (3) employees will be office and administrative and the other three (3) employees will be automotive repair technicians. The operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and the operation will be closed on Saturdays and Sundays. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request for German Auto World on September 20, 2010, and recommended approval to the City Commission by a unanimous vote, subject to conditions. RECOMMENDATION Move approval of the conditional use request to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2175 W. Atlantic Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.19(D)(1)(c), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That a site plan be submitted and approved that is consistent with the conditional use sketch plan and addresses the following: • That a detail of the dumpster enclosure is provided and that written approval from Waste Management regarding the location and size of the enclosure be obtained. • That a photometric plan be provided showing compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas to the rear. • That all existing landscaping throughout the site be upgraded and replenished. This will include new landscape islands in front of the building. That all handicap spaces are made ADA compliant. That all paint work must be conducted inside the 4,848 sq. ft. building in the rear. • That the proposed surface parking lot in the rear shall meet landscaping requirements per the LDRs and be resurfaced and restriped with wheel stops provided. • That all improvements required under this conditional use approval and the associated site plan modification be completed within six (6) months. If these improvements are not completed, this conditional use approval will not be considered legally established. 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 GERMAN AUTO WORLD 1. This conditional use request for German Auto World, an auto paint, body, and repair shop to be located at 2175 West Atlantic Avenue within the MIC (Mixed Industrial and Commercial) Zoning District has come before the City Commission on October 5, 2010. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for German Auto World. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN 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. Concurrence: Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met, subject to the attached conditions, as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No II. LDR REQUIREMENTS: 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. Hinder development or redevelopment of nearby properties. Will the requirements of LDR Section 2.4.5(E) and Chapter 3 be met, subject to the attached condition(s)? 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 and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request and adopts the conditions as set forth in Exhibit "A", attached hereto and incorporated herein, and hereby adopts this Order this 5th day of October, 2010, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 EXHIBIT "A" Conditions for German Auto World 1. That a detail of the dumpster enclosure is provided and that written approval from Waste Management regarding the location and size of the enclosure be obtained. 2. That a photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas to the rear be provided. 3. That all existing landscaping throughout the site be upgraded and replenished. This will include new landscape islands in the front of the building. 4. That all handicap spaces are made ADA compliant. 5. That all paintwork must be conducted inside the 4,848 sq. ft. building in the rear. 6. That the proposed surface parking lot in the rear shall meet landscaping requirements per the LDRs and be resurfaced and restriped with wheel stops provided. 7. That all improvements required under this conditional use approval and the associated site plan modification be completed within six (6) months. If these improvements are not completed, this conditional use approval will not be considered legally established. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 20, 2010 GEM: New conditional use for German Auto World located at 2175 West Atlantic Avenue to allow conversion of 13,923 sq. ft. of warehouse use to an auto body, repair and paint shop with employee offices and interior parking. GENERAL DATA: Owner ................................... Tiles By Vali Inc. ~ Applicant .................................... German A~:to World, Inc. Agent .......................................... Joseph Barmichael Location ...................................... On the north side of West Atlantic Avenue, just west of Congress Avenue Property Size .............................. 73,616 sq. ft. (1.69 acres) Existing FLUM ........................... CMR (Commerce) Proposed FLUM ......................... No change Adjacent FLUM .................North: CMR (Commerce) East: CMR (Commerce) South: PC (Planned Commercial) West: CMR (Commerce) Current Zoning ............................ MIC (Mixed Industria! and Commercial) Proposed Zoning ........................ No Change Adjacent Zoning ................North: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) South: GC (General Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ...................... Warehouse Proposed Land Use .................. Auto Body Repair and Paint Shop Water ......... .......................... Existing on site I Sewer ................................... Existing on site ~ aEnun Srow1Es g d R DR. W OWENS BAKER ROAD Z PAIAI IRAN W 7 F Q w sA rfcurf-FAClurr ~w. ~~ ~. z U DEIRAY AWNING NlGN SCHOL9L ARANTlC SHAW rnucxrNc i r•1~N ~~r S~ ~P~„~e~~ ~ ~- ioa a 6 scr ~ P ~G ~ P ~ ^ A T L caNCRESs SQUARE Y W Ross G N ~ 0 N ~a~K ITEM BEFORE THE BOARD _.. . ~_ The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish an auto body, paint and repair shop within existing warehouse buildings located within the MIC (Mixed Industrial and Commercial) zoning district, pursuant to LDR Section 2.4.5{E). The business is to be located at 2175 West Atlantic Avenue, which is on the north side of West Atlantic Avenue, just west of Congress Avenue. BACKGROUND The proposal in~ol~es a 1.69 acre site consisting of a large multi-tenant warehouse building totaling 18,816 sq, ft. which fronts on West Atlantic Avenue and a small 4,848 sq. ft. warehouse building in the rear. A conditional use application has been submitted to establish an auto body, paint and repair shop within 9,075 sq. ft. {westernmost bay) of the 18,816 sq, ft. building and in the 4,848 sq. ft. warehouse building in the rear, for a total of 13,923 sq. ft. This conditional use application is now before the Board for consideration. PROJECT []ESCRh'TION The operation will include an auto body, paint and repair shop with a customer waiting area, employee offices and interior parking. The use falls within the category of automobile body, paint and repair, and requires conditional use approval per LDR Section 4.4.19(D)(1}{c). There will be a maximum of six {6) employees. "three {3) employees will be office and administrative and the other three (3) employees will be automotive repair technicians. The 2,012 sq. ft. of offices proposed will accommodate six (6} customers in the lobby area and six {6) workstations for the office personnel and technicians. The proposed use will include inside storage. Additional clarification as to what this area will stare and potential reclassification as repair shop is possible. This may require an adjustment to the number of required parking spaces. Automotive drop-off and pick-up will occur in the front of the building. Vehicles will then be driven to the rear of the building to enter through overhead doors and taken to their respective work stations internal to the building. Additional parking spaces will be provided in the rear of the building to accommodate serviced vehicles waiting far pick-up. Parking spaces in the front of the building will accommodate customers dropping off vehicles and employee vehicles. The operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and the operation will be closed on Saturdays and Sundays. CONDITIONAI_'USE ANALYSIS REQUIRED FINDINGS: {Chapter 31: Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation), Planning and Zoning Board Staff Report: Meeting of 09/20/10 Conditional Use Request for an Auto Body, Paint and Repair Shop at 2175 W. Atlantic Aye. for German Auto World Page 2 The subject property has a CMR (Commerce) Future Land Use Map (PLUM) designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to convert the western portion of the existing multi-tenant warehouse building located at 2175 West Atlantic Avenue into an auto body shop and the rear building (4,848 sq. ft.) into an auto paint shop. Pursuant to the LDR Section 4.4.19(D)(1)(c), within the MIC zone district automotive body, paint and repair shops are listed as a conditional use. 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 to establish an auto body, paint and repair shop within a previously approved warehouse development. As described in Appendix A, a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is to be redeveloped as an auto body, paint and repair shop. "fhe Comprehensive Plan identifies automobile uses as a significant land use within the City of Delray Beach. Several other uses which fall within the auto body and repair shop category currently exist along Congress Avenue and West Atlantic Avenue. The future use and intensity of this use is consistent and compatible with these similar uses. During review a concern was raised over the lack of sufficient parking on-site to support the proposed conversion of use. The building was originally intended as a warehouse use and parking was provided at a reduced rate of one (1) space per 1,000 sq. ft. As this proposed use will require substantially more parking at a rate of 4.5 spaces per 1,000 sq. ft., a shortage would exist. The revised plans show additional parking spaces to be provided in the front of the building. Many of these do not work as it relates to minimal traffic aisle widths, etc. Further, some existing parking spaces would be reduced when compliance with the LDRs and upgrading of existing landscaping as recommended as a condition of approval is implemented. The applicant has proposed to address this concern by providing additional parking in the rear to accommodate vehicles which have been serviced, as well as some interior parking spaces within both buildings. Additional concerns were noted with the proposed auto painting and restoration aspects of this operation. It will require the installation of a paint booth and proper ventilation, which must be appropriately addressed in the site plan modification which is to follow this request. All Planning and Zoning Board Staff Report: Meeting of 09/20/10 Conditional Use Request for an Auto Body, paint and Repair Shop at 2175 W. Atlankic Ave. for German Auto World Page 3 paintwork must be conducted inside the building and this is attached as a condition of approval. With these modifications, staff's primary concern with this use conversion will be adequately addressed. (See complete discussion under LDR compliance portion of this report.) Future Land Use Element - Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Policy A-2,4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit community's future development, the following shall apply: 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to industriallcommerce areas. Since the proposed auto body, paint and repair shop is located within the Mixed Industrial and Commercial (MIC) zoning district, it is in compliance with this future land use policy. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. LDR Section 4.fi.9 fParkinq): Pursuant fo Section 4.6.9(C)(5)(a), general industrial uses (manufacfuring, assembly, aftendant offices) shall provide parking of a rate of 3 spaces per 1, 000 sq. ft. of floor area devoted to such uses and 1 space per 1, 000 sq. ft. of floor area devoted to storage and warehouse. !n addition, Vehicle body and repair shops shall provide 4.5 spaces per 1,000 square feet of gross floor area per LDR Section 4.6.9(C)(5J(bJ, The required parking for this change of use is a total of fifty-two (52) spaces; three (3) spaces per 1,000 sq. ft. for the 2,012 sq ft. of office area (6 parking spaces), 4.5 spaces per 1,000 sq. ft. for the proposed 5,051 sq. ft. of auto body and repair shop area (23 parking spaces) and 4.5 spaces per 1,000 sq. ft. for the proposed 2,424 sq. ft. of auto paint shop area (11 spaces). The remaining floor area associated with the auto related use (4,436 sq. ft.) is devoted to interior parking. The balance of the existing buildings on~site requires an additional twelve (12) spaces; one (1) space per 1,000 sq. ft. for the additional 8,861 sq. ft. of warehouse use within the existing multi-tenant building (9 parking spaces), and three (3) spaces per 1,000 sq. ft. for the 880 sq. ft. of offices existing within the multi-tenant building (3 parking spaces). The required parking for the entire site is fifty-two (52) spaces and thirty-eight (38) parking spaces currently exist. There is a current fourteen (14) space parking shortage on-site. To accommodate the parking shortage, the applicant has proposed six (6) interior parking spaces in each of the existing warehouse building for a total of twelve (12) new interior parking spaces. This reduces the shortage to two (2) spaces. Finally, the applicant has proposed to convert the 4,900 sq. ft. of outdoor storage (nonconforming use) at the rear of the site to five (5) additional surface parking spaces to accommodate the new use. This will result in a parking surplus of three (3) spaces. However, it should be noted that required changes to existing parking spaces in the front of the building including provision of terminal landscape islands, minimum required 24' drive aisle width may reduce the total number of available parking spaces. Should these required revisions reduce the parking spaces below those required, the applicant still has the option to apply the Planning and Zoning Board Staff Report: Meeting of 09/20/10 Conditional Use Request for an Auto Body, Paint and Repair Shop at 2175 W. Aflantic Ave. for German Auto World Page 4 shared parking table to the proposed and existing uses and/or convert up to thirky percent (30%} of the required fifty-two {52} parking spaces to compact parking spaces to address any potential shortfall. These matters will be addressed during site plan approval subsequent to conditional use approval. With the provision of additional interior and exterior parking spaces, and if necessary via other identified options, the site will meet the parking requirements. Therefore, the required parking shall be met after submission of a modified site plan to be approved by the City. The proposed new parking shall meet all landscaping and parking requirements per the LDRs. Thus, as a condition of approval a site development plan must be submitted and should include plans to resurface, restripe and provide wheel stops where necessary. LDR Section 4.6.6(C} (1} Refuse Facilities: Pursuant to LDR Section 4.6.6(C}{1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property adjacent to the 4,848 sq. ft. warehouse building. A detail of the dumpster enclosure needs to be provided. Further, the applicant shall obtain written approval from Waste Management regarding the location and size of the enclosure, which is attached as a condition of approval. LDR Section 4.6.8(8](3}(c} Lighting: There is a concern regarding the adequacy of lighting at the rear (north} and the east interior side of the building. Adequate lighting must be provided to alleviate potential safety concerns for customers proceeding to and from the public parking in the rear. A photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity far parking areas needs to be provided, and it shall be attached as a canditian of site plan approval. .REQUIRED FINDINGS ' 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 conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within Which it will be located; B. Nor that it wi[I hinder der-elopment or redevelopment of nearby properties. The following zoning designations and uses about the subject property: Zoning Designation: Use: North: Mixed Industrial and Commercial MIC Hunter Crane Soufh: Planned Commercial {PC Con ress Square Shoppin Plaza East: Mixed industrial and Commercial MIC Tiles B Vali Wesf: Mixed Industrial and Commercial (MIC} Causeway Lumber Plahning and Zoning Board Staff Report: Meeking of 09/20/10 Conditional Use Request far an Auta Bady, Paint and Repair Shap at 2175 W. Atlantic Ave. for German Auto World Page 5 The proposed auto body, paint and repair shop will be compatible with the existing mixed industrial and commercial uses to the north, south, east and west. Compatibility concerns with the retail properties to the south is also not anticipated. It should be noted that Atlantic Avenue provides an existing 128' right-of-way buffer between the auto body, paint and repair shop and the shopping center to the south. Since auto body, paint and repair shops currently exists along Congress Avenue and Atlantic Avenue it will not have a significantly detrimental effect upon the stability of the neighborhood within which it is located. Likewise, it will not hinder development or redevelopment of nearby properties. Thus, positive findings can be made with respect to LDR Section 2.4.5{E){5) Required Findings. I REVIIf=W [3Y OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Public Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray {PROD) Public Nofices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed conditional use request involves the establishment of an automobile body, paint and repair shop within previously approved 18,816 sq. ft. and 4,848 sq. ft. warehouse buildings located at 2175 West Atlantic Avenue. The plans indicate accommodations for a paint booth in the 4,848 sq. ft. warehouse building in the rear. The proposed auto painting and restoration aspects of the use will require the installation of a paint booth and proper ventilation will need to be accommodated. All paintwork must be conducted inside the building. The new use will also occupy 9,075 sq. ft. within the bay located in the westernmost portion of the building and fronting an North Congress Avenue. With the change in use, the parking requirement will be 52 spaces and a minimum of 52 spaces can be accommodated. As a condition of approval, the entire parking lot shall meet landscaping requirements and may need to be resurfaced, restriped and provided with wheel stops. Further, upgrading of lighting, landscaping and the provision of additional landscape islands within the parking areas will be required. A site plan modification application demonstrating LDR compliance will need to be processed and approved and is attached as a condition of approval. Upon addressing the conditions of approval contained within the staff report, the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made with respect to Section 2.4.5{E)(5) and that it will not have a significantly Planning and Zoning board Skaff Report: Meeting of 09/20/10 Conditional Use Request for an Auto body, Paint and Repair Shop ak 2175 W. Atlantic Ave. for German Auto World Page 6 detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ALTERNATIVE ACTIQNS A. Continue with direction. B. Move a recommendation of approval of the request for conditional use to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2175 W. Atlantic Ave., 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(E)(5), 4.4.19(D)(1)(c), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2175 W. Atlantic Ave., by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.19(D)(1)(c), and Chapter 3 of the Land Development Regulations. RECOMMENDI=D ACTION Move a recommendation of approval of the conditional use request to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2175 W. Atlantic Ave., by adopting the findings of fact and !aw contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5), 4.4.19(D)(1)(c), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That a detail of the dumpster enclosure is provided and that written approval from Waste Management regarding the location and size of the enclosure be obtained. 2. That a photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas to the rear be provided. 3. That all existing landscaping throughout the site be upgraded and replenished. This will include new landscape islands in the front of the building. 4. That all handicap spaces are made ADA compliant. 5. That all paintwork must be conducted inside the 4,848 sq. ft. building in the rear. 6. That the proposed surface parking lot in the rear shall meet landscaping requirements per the LDRs and be resurfaced and restriped with wheel stops provided. 7. That all improvements required under this conditional use approval and the associated site plan modification be completed within six (6) months. If these improvements are not completed, this conditional use approval will not be considered legally established. Attachments: Location Map Proposed Site Plan ^ Proposed First Floor Plan Planning and Zoning Board Staff Report: Meeking of 0912D110 Conditional Use Request for an Auto Body, Paint and Repair Shop at 2175 W. Atlantic Ave. for German Auto World Page 7 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the abiliity of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service is existing on-site • Sewer ser-~ice is existing on-site 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. Streets and Traffic: The proposed conditional use allows conversion of 13,923 sq. ft. of existing warehouse use to auto body, paint and repair shop use. The conversion to an auto body, paint and repair shop use will result in a slight increase in trips, but is not anticipated to have a negative impact on traffic or the adjacent street network. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The warehouse use (9,075 sq. ft.) generates 42.19 tons of solid waste per year. The proposed auto body, paint and repair shop use {13,923 sq. ft.) will generate 64.74 tons of solid waste per year. This results in an increase of 22.55 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2024. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage: Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. ~ x RO5E - DR. W RTH ~ ~ O _ OWENS BAKER ROAD z ~ PALM TRAM w o ~ z ~ ~- Q z d O CdRAL TRACE PLACE ~Cr a SATELLITE-FACILITY 0 m o ~ Iv.w. ~5T sT. MARTY FLADELL DREv ~ a w C ~ ~ ~ ~ o °m C J DELRAY °~ AWNING ATLANTIC NlGN SCHOOL x " ROYAL COMM. W P a DELRA Y ~ PLAT 2 COURT E. CHEVRON ATE ATLANTIC SHAW TRUCKING a V 0 ~oP TERR. E. S~~y L R!N ~A~ MATE HIGH P~ = - ~c G~,~yS~~ R ~~ ~ ~ L OL ~ ~ ~ SCHO P TEMPL E 51NA1 C ~ ~ ~ A N ~ CONGRE55 A SQUARE STOR-- ALL A Y coNDo ~ r ~ Dft. ANDRES wAY D G Cn Cn W SS C Y N RO Q a ~ _ ~ b (_~ / ,» N SUBJECT GERMAN AU TO} WORLD , PROPERTY ~ ~'~ µjt~ ~} P LANNING AND ZONING 0 2175 W. 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""~~:A .. _ _._. -~'-,.A~`e:: h - _ ~. ~. _., MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 REQUEST TO INSTALL A NATIVITY CRECHE AT CHRISTMAS TREE SITE ITEM BEFORE COMMISSION City Commission is requested to consider approval of a request received from Reverend Kathleen Gannon, St. Paul's Episcopal Church, to install a Nativity Creche in the vicinity of the Christmas tree. BACKGROUND Attached is the letter request as well as information on the Nativity figures set received from the Reverend Kathleen Gannon and Sandy Simon. Per this proposal, the church would purchase and own the Nativity Creche, install and remove it including the wooden shelter, and store and maintain the creche. The request also includes installation near the tree in the S.E. quadrant on the grounds at Old School Square. If approved, staff requests that final location be determined by staff. RECOMMENDATION Staff recommends approval to install a Nativity Creche on the grounds at Old School Square at a location determined by the staff in consultation with the representative of the church. CIV~ ~r ~ Ia.., ~~~ St. Pain's t ;'F._~ • Ep~scopa~ church Where Tradition Meets Today l -" September 10, 2010 To: Mayor Woody McDuffie Members of the City Commission of Delray Beach, Mr. Robert Barcinski, Assistant City Manager St. Paul's Episcopal Church respectfully requests city approval of a very high quality Nativity creche to be erected before the lighting of the tall Christmas tree on or near the southeast quadrant of OId School Square between NE First Avenue and the Atlantic Avenue entrance to the Cornell Museum, near the Atlantic Avenue sidewalk as described by Mr. Barcinski. We request the action as soon as possible so that we can place the order for the creche to be delivered for this season. The statues will include Mary, Joseph, three wise men, shepherd, and angel, baby Jesus in a manger and three smaller animals. Attached is a color picture of the proposed. Each figure is made of solid epoxy, very durable and weather resistant. The creche will include an L-shaped wooden shelter protecting the statues and figures. We expect to see the nativity scene S feet high and eight to ten feet wide, including the shelter. Statues will not exceed 45 inches high. If approved, we take responsibility for the entire casts and responsibility for purchase, set-up, maintenance, removal and storage. 1Ne have commitments for contributions to and support of this project from St. Paul's Episcopal Church, St. Vincent Roman Catholic Church, Trinity Lutheran Church, Cason United Methodist Church, Delray Beach Community Church and Seacrest Presbyterian C11t~rch. The proposal to support this will also be presented to the Delray Beach Interfaith Clergy Association on September 15''1 at the first meeting of their program season. This will give more faith communities the opportunity to endorse this Christmas expression alongside other holiday and holy day displays. Please advise us as to obtaining approval each year thereafter. Sincerely, rf 188 Sat~th Swinton Avenr~e Delray Rev, Kathleen Gannon Alexander J. Sirnan Beach, t=lorida 33444 phone: 561-276-4541 fax: 561-276-E1304 stpaulsdelray.org 45" Full Color Nativity Figure Set N Ac/ y GA tVationat Church Goods Association kNCGA) Member Page 2 of 4 OUR EXCLUSIVE! 12 PIECE ~5" FULL COLOR NATIVITY FIGURE SET 45" painted resin figures. We traveled tho globe to find this sot and aro proud to be able to offer it at such a remarkable price! Beautiful for indoor or outdoor usel Mary 2Ei"h, Joseph 39"h; Infant 20"1x92"wx10"h; Standing Kings 42.5"h & 37"h; Kneeling King 29"h; Shepherd 39"h; Angel 33"h; Donkey 25"1x95.5"h; Cow 30"1x15.5"h; Standing Sheep 17"1x16"h; Seated Sheep 16°Ix9"h (Ikem #53391) $3,955.00 sALl=1 Now $Z,ss~.oa While Supplies Last or thru 12-24-10 I~tt}~:/h~~~vw.catl~al icsupply.cota~/claurchs/53390.htt~zl 9/13/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: October 1, 2010 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 PARKS AND RECREATION FACILITY AND FIELD FEES ITEM BEFORE COMMISSION This item is before Commission to consider facility and field fee changes for Parks and Recreation. BACKGROUND The Commission has previously discussed changes to the Parks and Recreation fee structure for room rentals, pool, gymnasium, skate park, field rentals, participant fees and tournament fees. After much consideration, the Parks and Recreation Department has decided to limit the number of changes as outlined on the revised chart. Facility Rentals- There will be no changes to the maximum of 3 hours per room rental for the general public. Meetings for Homeowners Associations, Clubs, Organizations, Community and Civic Groups will be $10/meeting with a maximum of 2 hours. The After Hours Supervisor Fee will be $30.00/hour and the set-up fee will be eliminated. The pool, skate park and gymnasium fees will be changed as shown in the chart. Participant Fees/Field RentaUTournament Fees - We are eliminating the recommendation of the per head fee for participants. Tournament fees will be $100.00/team for non-City sports providers and we will have the home league and tournament host split the proceeds of the concession sales to 60% for the Home Leagues and 40% for the Tournament Host. There will be an additional charge for lining the fields for non-City sports providers. 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K LL to •- d ...... tAH ~ I.A.A ~ I A A .........x _ . . 1..1... ~ n A ~...... .~ ~ m I A A ~.. .. GXY . . 8,,.... ~ C O .........~ ~ 4~ I.A.A ~ ~ N . ~ IAA N N N N ~ N p .:..:.. ._ ._ ._ ._ ...~ 1..1... 1..1... LL LL LL LL 8...... LL U Q~ 0 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: October 1, 2010 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 EARLY RETIREMENT INCENTIVE/GENERAL EMPLOYEES PENSION PLAN ITEM BEFORE COMMISSION This item is before Commission for approval to offer the early retirement incentive to members of General Employees Pension Plan. BACKGROUND Gabriel Roeder Smith & Company, actuaries for the General Employees Pension Plan, prepared a valuation report on the financial impact of offering the Early Retirement Incentive to members within two years of normal retirement as of October 1, 2010. Their study show calculations if 50% or 100% of the 41 eligible employees accepted the early retirement incentive. Under City Code Section 35.097(M), if an early retirement incentive program is opened, eligible employees are those who are 100% vested within two years of their earliest retirement date during the period the incentive is offered. The benefit of the incentive to employees is that their retirement benefits would not receive the normal actuarial reduction for early retirement. The attached actuarial study shows that if half the eligible employees took advantage of the early retirement, our pension contribution should be increased by $172,785 to pay off the increased liability in five years, but the salary savings would be $251,107 ($19,359,146 - $19,108,039), assuming that all employees who retired would be replaced with someone at the entry level pay. Of course, if some of the retirees were not replaced, the savings would be greater. Unless, the Commission objects, staff plans to offer the early retirement incentive to eligible General Employees Pension Plan Members. RECOMMENDATION Recommmend approval to offer an early retirement incentive to members of General Employees Pension Plan. R Gabriel Roeder Smith & Company One East Broward Blvd. 954.527.1616 phone Consultants & Actuaries Suite 505 954.525.0083 fax Ft. Lauderdale, FL 33301-1827 www.gabrielroeder.com September 21, 2010 CONFIDENTIAL Mr. Joseph M. Safford Director of Finance City of Delray Beach 100 Northwest 1st Avenue Delray Beach, Florida 33444 Re: City of Delray Beach General Employees Retirement Plan Dear Joe: As requested, we have prepared the enclosed Supplemental Actuarial Valuation Report which measures the financial impact of offering an Early Retirement Incentive Program (ERIP) to members within two years of normal retirement eligibility as of October 1, 2010. The only incentive for retiring now is that the early retirement reduction of 5% per year would not apply to employees who elect to retire under the ERIP. We have performed the calculations under two scenarios. Under the first scenario, 50% of the 41 eligible employees are assumed to elect to retire under the ERIP. To estimate the impact of 50% of these members electing to retire under the ERIP, we recognized 50% of the increase in liability. This may not be the same as if 50% of the members elect to retire under the ERIP. Under the second scenario, 100% of the 41 eligible employees are assumed to elect to retire under the ERIP. The calculations reflect the replacement of these individuals with new employees. The salaries of the expected replacement employees were provided by the City. We have also assumed the age of the replacement employees will equal the age at hire of the employees they are replacing. We have enclosed some information concerning ERIP's as published by the Government Finance Officers Association to help with this decision. As recommended by the GFOA, the increase in actuarial accrued liability resulting from the proposed amendment is being amortized over five years. After this five year period, the annual required City contribution would be slightly lower than if the amendment had not occurred. If a decision is made to accept this proposal, please let us know so that we may prepare an Actuarial Impact Statement. This report is intended to describe the financial effect of the proposed plan changes. No statement in this report is intended to be interpreted as a recommendation in favor of the changes, or in opposition to them. The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based upon present plan provisions. If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of this report prior to relying on information in the report. Mr. Joseph M. Safford September 21, 2010 Page 2 If you have reason to believe that the information provided in this report is inaccurate, or is in any way incomplete, or if you need further information in order to make an informed decision on the subject matter of this report, please contact the author of the report prior to making such decision. In the event that more than one plan change is being considered, it is very important to remember that the results of separate actuarial valuations cannot generally be added together to produce a correct estimate of the combined effect of all of the changes. The total can be considerably greater than the sum of the parts due to the interaction of various plan provisions with each other, and with the assumptions that must be used. As indicated below, the undersigned are Members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion herein. We welcome your questions and comments. Sincerely yours, r ~~ . Stephen Palmquist, ASA, MAAA Senior Consultant & Actuary effr Amrose, EA, MAAA Consultant & Actuary JSP/ta Enclosures Gabriel Roeder Smith & Company SUPPLEMENTAL ACTUARIAL VALUATION REPORT Plan City of Delray Beach General Employees Retirement Plan Valuation Date October 1, 2009 Date of Report September 21, 2010 Report Requested by Board of Trustees Prepared by J. Stephen Palmquist Group Valued All active and inactive Plan participants. Plan Provisions Being Considered for Change Present Plan Provision Before Change There is no Early Retirement Incentive Program (ERIP) offered for participants retiring effective October 1, 2010. Proposed Change Effective October 1, 2010, any eligible employee who retires under the ERIP will receive no actuarial reduction for early retirement. Participants Affected The effect of the proposed change is shown under two scenarios. Under the first scenario, 50% of the 41 eligible employees are assumed to elect to retire under the ER1P. Under the second scenario, 100% of the 41 eligible employees are assumed to elect to retire under the ERIP. Based on information received from the City, these members will be replaced by new employees. Actuarial Assumptions and Methods Same as the October 1, 2009 Actuarial Valuation Report with no exceptions. Some of the key assumptions/methods are: Investment return - 7.25% per year Salary increase - 4.4% to 7.2% per year based on service Cost Method -Entry Age Normal Amortization Period for Any Increase in Actuarial Accrued Liability 5 years (as recommended by the GFOA) Summary of Data Used in Report See later page. Actuarial Impact of Proposal(s) See attached pages. Special Risks Involved With the Proposal That the Plan Has Not Been Exposed to Previously None Other Cost Considerations None Possible Conflicts with IRS Qualification Rules None As indicated below, the undersigned are Members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the Academy of Actuaries to render the actuarial opinion herein. 1 lr "' .Stephen Palmquist, AS , MAAA, FCA J fre Amrose, MAAA Enrolled Actuary 08-1560 nrol ed Actuary 08-6599 ANNUAL REQUIRED CONTRIBUTION (ARC) A. Valuation Date October 1, 2009 October 1, 2009 October 1, 2009 Valuation SO% of Eligible 100% of Eligible Members Retire Members Retire Under ERIP Under ERIP B. ARC to Be Paid During Fiscal Year Ending 9/30/2011 9/30/2011 9/30/2011 C. Assumed Date of Employer Contrib. 12/31 /2010 12/31 /2010 12/31 /2010 D. Annual Payment to Amortize Unfunded Actuarial Liability $ 458,415 $ 643,634 $ 828,853 E. Employer Normal Cost 2,363,880 2,336,971 2,310,062 F. ARC if Paid on the Valuation Date: D + E 2,822,295 2,980,605 3,138,915 G. ARC if Paid on the First Day of the Next Fiscal Year 3,026,911 3,196,699 3,366,486 H. ARC if Paid on December 31 3,080,343 3,253,128 3,425,912 I. ARC as % of Covered Payroll* 15.91 % 17.02 % 18.17 J. Assumed Rate of Increase in Covered Payroll to Contribution Year 0.00 % 0.00 % 0.00 K. Covered Payroll for Contribution Year 19,359,146 19,108,039 18,856,932 L. ARC for Contribution Year: I x K* 3,080,343 3,253,128 3,425,912 M. ARC as % of Covered Payroll in Contribution Year: L - K* 15.91 % 17.02 % 18.17 N. Change in ARC for Contribution Year* 172,785 ** 345,569 ** O. Change in ARC as % of Covered 1.11 % 2.26 Payroll in Contribution Year* * Assuming the contribution is paid on the date in Item C. ** Represents the increase in cost for the first five years. After five years, the ARC will be slightly less than if the ERIP had not occurred. ACTUARIAL VALUE OF BENEFITS AND ASSETS A. Valuation Date October 1, 2009 October 1, 2009 October 1, 2009 Valuation SO%ofEligible 100%ofEligible Members Retire Members Retire Under ERIP Under ERIP B. Actuarial Present Value of All Projected Benefits for 1. Active Members a. Service Retirement Benefits $ 68,423,939 $ 63,928,175 $ 59,432,411 b. Vesting Benefits 3,511,500 3,589,573 3,667,645 c. Disability Benefits 2,599,692 2,553,296 2,506,899 d. Preretirement Death Benefits 2,052,658 1,993,072 1,933,486 e. Return of Member Contributions 68,981 80,070 91,158 f. Total 76,656,770 72,144,186 67,631,599 2. Inactive Members a. Service Retirees & Beneficiaries 33,836,456 39,537,289 45,238,122 b. Disability Retirees 515,847 515,847 515,847 c. Terminated Vested Members 2,727,328 2,727,328 2,727,328 d. Total 37,079,631 42,780,464 48,481,297 3. Total for All Members 113,736,401 114,924,650 116,112,896 C. Actuarial Accrued (Past Service) Liability per GASB No. 25 90,079,371 90,888,442 91,697,513 D. Actuarial Value of Accumulated Plan Benefits per FASB No. 35 N/A N/A N/A E. Plan Assets 1. Market Value 74,208,111 74,208,111 74,208,111 2. Actuarial Value 84,476,640 84,476,640 84,476,640 F. Unfunded Actuarial Accrued Liability 5,602,731 6,411,802 7,220,873 G. Actuarial Present Value of Projected Covered Payroll 158,345,949 160,862,735 163,379,520 H. Actuarial Present Value of Projected Member Contributions 4,878,584 4,920,794 4,963,005 I. Funded Ratio: E2/C 93.8% 92.9% 92.1% CALCULATION OF EMPLOYER NORMAL COST A. Valuation Date October 1, 2009 October 1, 2009 October 1, 2009 Valuation SO% of Eligible 100% of Eligible Members Retire Members Retire Under ERIP Under ERIP B. Normal Cost for 1. Service Retirement Benefits $ 2,318,402 $ 2,288,553 $ 2,258,703 2. Vesting Benefits 298,193 294,573 290,952 3. Disability Benefits 175,174 173,006 170,837 4. Preretirement Death Benefits 119,145 117,455 115,764 5. Return of Member Contributions 42,203 41,433 40,662 6. Total for Future Benefits 2,953,117 2,915,018 2,876,918 7. Assumed Amount for Administrative Expenses 12,371 12,371 12,371 8. Total Normal Cost 2,965,488 2,927,389 2,889,289 C. Expected Member Contribution 601,608 590,418 579,227 D. Employer Normal Cost: B8-C 2,363,880 2,336,971 2,310,062 E. Employer Normal Cost as a % of Covered Payroll 12.21% 12.23% 12.25% PARTICIPANT DATA October 1, 2009 October 1, 2009 October 1, 2009 Valuation 50% of Eligible 100% of Eligible Members Retire Members Retire Under ERIP Under ERIP ACTIVE MEMBERS Number 424 424 424 Covered Annual Payroll $ 19,359,146 $ 19,108,039 $ 18,856,932 Average Annual Payroll $ 45,658 $ 45,066 $ 44,474 Average Age 46.2 45.3 44.4 Average Past Service 10.6 9.7 8.8 Average Age at Hire 35.6 35.6 35.6 RETIREES, BENEFICIARIES & DROP Number 220 241 261 Annual Benefits $ 3,342,594 $ 3,842,607 $ 4,342,619 Average Annual Benefit $ 15,194 $ 15,978 $ 16,638 Average Age 68.7 67.7 66.9 DISABILITY RETIREES Number 3 3 3 Annual Benefits $ 43,024 $ 43,024 $ 43,024 Average Annual Benefit $ 14,341 $ 14,341 $ 14,341 Average Age 51.4 51.4 51.4 TERMINATED VESTED MEMBERS Number 44 44 44 Annual Benefits $ 465,005 $ 465,005 $ 465,005 Average Annual Benefit $ 10,568 $ 10,568 $ 10,568 Average Age 46.5 46.5 46.5 G~9 ADVISORY A GFOA adviso identifies specific policies and procedures necessary to minimize a government's exposure to potential loss in connection with its financial management activities. It is not to be interpreted as GFOA sanctioning the underlying activity that gives rise to the exposure. Evaluating the Use of Early Retirement Incentives (2004) (CORBA) Background. Governments occasionally offer early retirement incentives (ERIs)~ to employees as a strategy to reduce payroll costs or stimulate short-term turnover among staff. ERIs are temporary, offered during a window that usually covers a period of months. They increase the economic value of the standard retirement benefit. Historically, ERIs rarely have succeeded, since costs are often greater than initially anticipated by the government offering the incentive, and savings are lower than projected. Recommendation. The Government Finance Officers Association (GFOA) recommends that governments exercise extreme caution if considering ERIs. Governments should take several actions prior to the decision to offer an ERI in terms of (1) goal-setting, (2) cost/benefit analysis, and (3) budgetary analysis. Governments should also develop an implementation plan. I . Goal-Setting for ERIs. Governments should be explicit in setting documented goals for the ERI. Goals can be financial in nature, such as realizing permanent efficiencies in staffing or achieving budgetary objectives. ERIs can also be designed to achieve human resource goals, such as creating vacancies that allow for additional promotion opportunities and allowing management to bring in new staff. Any ERI goals should not conflict with other retirement plan goals (e.g., features to reduce turnover or increase retention). An explicit statement of goals is needed to judge the ultimate success of the initiative and to develop performance measures. Further, having a statement of goals promotes transparency. Inappropriate goals such as rewarding a select group of staff should be explicitly rejected. otential conflicts of interest among decision-makers who design an ERI should be monitored closely, since any self-dealing is costly and could harm the long-term credibility of the government entity. 2. Cost/Benefit Analysis. In judging whether an ERI should be offered, governments should assess the potential costs and benefits of ERI proposals, and the cost/benefit analysis should be linked to the goals of the ERI. For example, if a government sets a financial goal of obtaining long-term staffing efficiencies, then an independent cost/benefit analysis should determine whether the ERI will actually bring about such staffing efficiencies. A cost/benefit analysis should be comprehensive. It should take into account direct and indirect impacts, such as the impact on the government for providing retiree health care and additional contractor costs. In addition, it should take into account the effect upon both the plan sponsor and the pension fund (if the pension fund is a separate organization). Governments should retain an actuary to assist in conducting acost/benefit analysis. Material changes to the ERI proposal during the legislative process should trigger adjustments to the cost/benefit and budgetary analyses. ~ The scope of this best practice does not cover deferred retirement option plans (DROP) or partial lump-sum option plans (PLOP), which often promote employee retention. The CORBA Committee may address this issue separately. Regarding financially-driven ERIs, a cost/benefit analysis should compare long-term benefits and costs against the "default" scenario of a hiring freeze. Most financially-driven ERIs project financial benefits based on payroll savings related to staff departures. However, any such savings should be discounted, because a hiring freeze also creates payroll savings (owing to the normal rate of staff departures). Thus, the ERI benefit is limited to the marginal increase in staff departures attributable to the ERI. Governments that attribute all staff departures to an ERI would over-state the ERI benefit, thus distorting the cost/benefit analysis. Financially-driven ERIs may also obtain savings by replacing highly compensated staff with lower-paid staff. Analysis of such ERIs must take into account the fact that newly hired staff tend to experience faster salary increases than other employees. If early retirement incentives are offered, they should be offered very infrequently and without a predictable schedule to avoid the expectation that another ERI will be offered. Such an expectation would distort normal employee retirement patterns. The incremental costs of an ERI should be amortized over ashort-term payback period, such as three to five years. This payback period should match the period in which the savings are realized. To calculate the incremental costs of an ERI, governments should conduct an actuarial analysis that discloses the present value of the liabilities associated with an ERI. Governments that have over-funded pension plans should avoid allocating any actuarial surplus to finance the incremental costs of the ERI. 3. Bud~etarv Considerations. In order to develop accurate budgetary estimates for the ERI, it is necessary to estimate the incremental cost of the ERI, which will vary according to the level of employee participation. Any budgetary analysis should project multiple scenarios for employee participation levels. A budgetary analysis should be comprehensive. It should take into account direct and indirect impacts, such as the impact on the government for providing retiree health care and additional contractor costs. Because a collective bargaining agreement may affect potential ERI costs and benefits, it should be reviewed prior to developing budgetary estimates. 4. Implementation Considerations. If implementing an ERI, at a minimum, governments should take into account the following points: • A communication plan is desirable to help employees understand the ERI in the context of overall retirement planning; • It may be necessary to gain input from collective bargaining units; • Governments should consider the impact upon service delivery after employees retire, with identification of critical personnel whose services must be maintained; • The duration of the window should take into account the ability of retirement staff to manage retirement application workloads, among other factors; and • Performance measures should be used to ensure ERI goals are met. For financially-driven ERIs, governments should track and report direct and indirect costs and benefits to determine if goals are met, such as for vacancies and contract costs. References • A Primer on Early Retirement Incentives, GFOA, 2004. Approved by the GFOA Executive Board, October 15, 2004. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Delray Beach Housing Authority. BACKGROUND Ms. Sandra Owens, regular member on the Delray Beach Housing Authority, resigned effective August 30, 2010. This created a vacancy for one (1) regular member to serve an unexpired term ending March 6, 2014. Per Florida Statute, Chapter 421, an appointee may not be an officer or employee of the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. According to Florida Statutes, members are appointed by the Mayor and ratified by the Commission. However, at the City Commission meeting of June 5, 1991, a consensus was reached whereby each Commissioner would, on an informal basis and according to the rotation procedure, make a recommendation to the Mayor as to the Housing Authority appointees. Based on this system, the recommendation/appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Delray Beach Housing Authority for an unexpired term ending March 6, 2014. DELRAY BEACH HOUSING AUTHORITY 4 YEAR TERM 600 N. Congress Avenue, Suite 310P Delray Peacl-y FL 33445 07/10 TERM REGULAR MEMBERS EXPIRES 07/14/2012 Joseph Hepp, Vice Chair Unexpired Appt 10/21/08 07/14/2014 Shelly Weil Unexp Appt 04/07/09 Reappt07/06/10 07/14/2014 Sylvia Morris Unexp Appt 07/10/07 Reappt07/06/10 07/14/2013 Shelly Petrolia Appt 07/07/09 10/27/2011 Christel Silver Appt 11/6/07 03/06/2014 Sandra Owens Appt 03/02/ 10 07/14/2014 Choli Aronson Unexp Appt 05/19/09 Reappt07/06/10 Director. DorothyEllington Contact: Nina Levina 272-6766 X-21 /Jaclde X-18 nlevine@ dblla.org Housing Authority Fax 278-4937 272-7352 S/City Qerk/Board 10/Delray Beach Housing DELRAY BEACH HOUSING AUTHORITY EXHIBIT A Nayda Cottone-Ovadia Edward Desmond Philip Friedman Sylvia Morris Alexia Rouquette Guarn Sims Alan Weitz (currently serving on the Nuisance Abatement Board) (currently serving on the Public Employees Relations Commission) (currently serving on the Nuisance Abatement Board) Incumbent (also applying for the Historic Preservation Board) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 28, 2010 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 APPOINTMENT TO THE HISTORIC PRESERVATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Historic Preservation Board. BACKGROUND Ms. Pearl Markfield Elrod, regular member on the Historic Preservation Board, verbally resigned on September 15, 2010. This creates a vacancy for one (1) regular member to serve an unexpired term ending August 31, 2012. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five (5) seats on the Board with either an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, architectural historian, preservationist, land planner or interior designer. Laypersons of knowledge, experience and judgment that have an interest in historic preservation shall compose the balance of the Board. Preference should be given to professional and lay persons who own property within historic districts or whose property is individually listed in the Local Register of Historic Places. An appointment is needed for one (1) of the professions noted to complete the five (5) required professional seats. The following individuals have submitted applications and would like to be considered for appointment. (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Historic Preservation Board for an unexpired term ending August 31, 2012. HISTORIC PRESERVATION BOARD 09/10 TERM REGULAR MEMBERS OCCUPATION EXPIRES 08/31/2012 Roger Cope, Vice Qzair Architect Unexp Appt 11/21/06 Reappt08/05/08 Reappt08/17/10 08/31/2011 Dan Sloan General Contractor unexp amt o8/05/08 Project Manager Reappt08/04/09 08 /31 /2012 Thomas Stanley Attorney amt o8/05/08 Layperson Reappt08/17/10 08/31/2012 Annie Adkins Roof Attorney/Real amt o8/17/1o Estate Broker 08/31/2012 Unexp Appt Vacant 08/31/2011 Rhonda Sexton Interior Design Amt 08/21/07 Reappt08/04/09 08/31/2011 Pamela Reeder Environmental Amt 08/04/09 COnSUltant Contact: Demise Valek X 7041 S/City Qerk/Board 10/Historic Preservation Board Commission Liaison: Commissioner Eliopoulos HISTORIC PRESERVATION BOARD EXHIBIT A Applicants with experience in the professions required: Ronald Brito General Contractor-President Reginald Cox Architect (currently serving on the West Atlantic Redevelopment Coalition) Annette Smith Owner-President/Interior Design Applicants interested in being a Layperson: Joe Farkas Banking-President Philip Friedman Financial Aid-Assistant Director (currently serving on the Nuisance Abatement Board; also applying for the Delray Beach Housing Authority) Karen Goranson Operation Assistant/Education - Owns a home in a Historic District Mel Pollack Security (currently serving on the Board of Adjustment) Alexia Rouquette Mays Director of Marketing & Public Relations (also applying for the Delray Beach Housing Authority) Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 27, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE NO.23-10 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a city initiated amendment to the Land Development Regulations Section 4.3.3 "Special Requirements for Specific Uses", to enact a new Subsection (KKK) establishing regulations for Live/Work Units; amending Section 4.4.12 "Planned Commercial District", Subsection (D) "Conditional Uses and Structures Allowed", Section 4.4.13 "Central Business District", Subsection (D) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", Subsection (E) "Conditional Uses and Structures Allowed" to allow Live/Work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "Live/Work Unit". BACKGROUND At the first reading on September 7, 2010, the Commission passed Ordinance No. 23-10. To comply with advertisement requirements, this ordinance was postponed at the September 21, 2010 Regular Commission meeting. RECOMMENDATION Recommend approval of Ordinance No. 23-10 on second and final reading. ORDINANCE N0.23-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", PY ENACTING A NEW SUBSECTION (KKK) TO ESTAPLISH REGULATIONS FOR LIVE /WORK UNITS; PY AMENDING SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (NIIZOC) DISTRICT", SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LIVE /WORK UNITS AS A CONDITIONAL USE; AND PY AMENDING APPENDIX A, "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE /WORK UNIT"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on July 19, 2010 and voted 5 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.3, "District Regulations, General Provisions", Section 4.4.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amending by enacting a new Subsection (KKK) to read as follows: 4.3.3. , KK) Live/Work Units (1 General a) The occupant of the residential unit must be the proprietor or owner of the business that occupies the nonresidential Portion of the building (b) Only 1) additional employ wprk at the business. (c) Residential a~earance must be maintained (d) Unlighted signage with a maximum of 2 SF is Permitted (e) The Live/Work Unit must face either a Public or Private street that has available on street parldn~. (f) May on1Y be Permitted with new develoFrr~ent a~rovals, or modifications to a~roved site services. (2) Allowed Non residential uses. Live-Work Units may include the following non residential uses: (a) Business services, including but not limited to: commercial artist, Photography computer programrr~irig, detective agency edi .tang/proofreading, rr~ail service, paralegal, photocopying service, secretarial service, telemarketing service. (b) Personal Services, including but not limited to: alterations/dressmaking, barber beauty shop income tax service, locksmith, shoe shine and repair, tailor shop, massage, pedicure, photographic studio fsubiect to 4.3.3.KKK(4,Z(d)l, facials, and forh~e teller or similar if geograpw allowed by the LDRs. (c) Professional Services, including but not limited to: title company accountant, insurance adjusters, advertising office, appraiser, architect, attorney auditor, broker, contractors office (no construction materials permitted , stenographer, engineers office, interior decorating, loan company, model agencies, notarypublic office, real estate sales/management, stock exchanges, travel agency (d) Fabrication of arts and handicrafts, with retail sales limited to materials fabricated by the owner/Proprietor. (3) Interim Residential Use. ORD. NO. 23-10 construction for mixed occupancybuildings. (i) Access to all Live-Work Units shall be clearly identified in order to Provide for emergency (a) Residential use is permitted in the approved non residential portion of a Live-Work Unit. (b) Prior to the issuance of a Business Tax Receipt for an approved nonresidential use within the Live-Work unit, the applicant shall apply to the City for a change in use, and indicate that the unit was vreviously designated as a Live-Work Unit as part of a develont approval. (4) Operation. (a) The net area devoted to an approved nonresidential use shall be a maximum of 200 sa. ft. The "net area' means all areas not utilized for stairway, vestibules, hallways, closets, bathrooms, and garages. (b) One hundred percent of the building's net area above the ground floor shall be designated as residential. (c) The nonresidential use of a Live-Work Unit ma~perate only from 8:00 AM to 6:00 PM; deliveries are limited to bet~,en 9:00 AM to 6:00 PM. (d) Nonresidential uses creating industrial t~~pe impacts, such as those that involve processes that generate significant amounts of heat, require the use of heave machinery, loud speakers, bells, or emit gases, fumes, and/or smoke or that create a nuisance (i.e., noise, odors and/or vibration, are prohibited Section 3. That Article 4.4, "ease Zoning District", Section 4.4.12, "Planned Commercial (PC) District", Subsection (D), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the Code of Ordinances of the City of Delray Seach, Florida, be and the same is hereby amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area # 6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c) and subsection (5 below. (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). (4) Adult Gaming Centers. (5) Live/Work Unit, subiect to 4.3.3(KKK~ Section 4. That Article 4.4, "ease Zoning District", Section 4.4.13, "Central Business (CSD) District", Subsection (D), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the Code of Ordinances of the City of Delray Seach, Florida, be and the same is hereby amended to read as ORD. NO. 23-10 follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, e.g, banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood the Peach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4~ Street. (7) Recreational establishments such as bowling alleys, gyrrn~asiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses. (12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq. ft. (13) Multi family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on property located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). ORD. NO. 23-10 (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). Neighborhood (16) Drive-in or drive-through restaurants on property located within the West Atlantic (1~ Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood (18) Free standing or mixed use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (20) Live/Work Unit, subiect to Section 4.3.3 (KKK Section 5. That Article 4.4, "ease Zoning District", Section 4.4.29, "Mixed Residential, Office and Commercial (NIIZOC) District", Subsection (E ), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (E) Conditional Uses and Structures Allowed The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gyrru~asiums, and exercise facilities which are open to the general public. (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(w). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (6) Educational Facilities, training centers, and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (7) Live/Work Unit, subiect to Section 4.3.3(KKK) ORD. NO. 23-10 Section 6. That Appendix A, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Seach, be and the same is hereby amended to read as follows: LIVE /WORK UMT A residential dwelling unit that includes flex space which maybe used for an approved non residential use. Section 7. 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 or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 23-10 Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: August 31, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 7, 2010 ORDINANCE N0.23-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that modifies the definition of "Live Work Unit", allows the use as a conditional use in specified zoning districts, and identifies Special Requirements which apply to the use. BACKGROUND Recently, there has been increased interest in allowing limited non-residential uses in residential dwelling units. While home occupations allow for very limited business-type uses, Live-Work uses will allow a broader array of uses but with defined limitations to ensure compatibility within the residential development. Live-Work uses are different from amixed-use building that contains restaurants, retail, offices, and residential condominiums, as each of those uses is self-contained, whereas the commercial use of the Live-Work Unit will occur within the residential unit. The non-residential uses associated with Live-Work uses are to be allowed within the residential unit. The uses are proposed as conditional uses in the following four zoning districts: . Planned Commercial . Central Business District . Central Business District-Railroad Corridor . Mixed Residential, Office and Commercial Some of the more substantial regulations that will apply to Live-Work Uses include: . The occupant of the residential unit must be the proprietor or owner of the business. . Only one (1) additional employee may work at the business. . The Live-Work Unit must face either a public or private street with available on-street parking. . Access must be clearly identified to allow for emergency services. http://miweb001/AgendasBluesheet.aspx?ItemID=3709&MeetingID=269 9/9/2010 Page 2 of 2 The net area devoted to the Live-Work Unit may not exceed 200 S.F., and must be located on the ground floor. Hours of operation are limited from 8 AM to 6 PM; deliveries are limited from 9 AM to 6 PM. Non-residential uses creating industrial-type impacts are prohibited. The use categories proposed include business services, personal services, professional services, and fabrication of arts and handicrafts. The complete list of the allowable uses and development regulations are included in the attached ordinance. This item was considered by the City Commission at its regular meeting of August 17, 2010. After a discussion regarding how "net area" would be determined, the Commission voted 5-0 to table the ordinance requesting additional clarification of "net area." The current ordinance has been revised to identify net area as area not utilized for stairways, vestibules, hallways, closets, bathrooms, and garages. REVIEW BY OTHERS The Pineapple Grove Main Street Board unanimously recommended approval at their July 7, 2010 meeting. The Community Redevelopment Agency unanimously recommended approval at their July 8, 2010 meeting. The Downtown Development Authority unanimously recommended approval at their July 12, 2010 meeting. The West Atlantic Redevelopment Coalition unanimously recommended approval at their July 13, 2010 meeting, with the recommendation that the Police Department review the proposal for Crime Prevention Through Environmental Design (CPTED) compliance. It was determined that a CPTED review would be conducted with individual site specific applications. The Planning and Zoning Board voted 5 - 0 recommending approval at their July 19, 2010 meeting, with clarification that the 200 sq. ft. will be exclusive of any required handicap accessible bathroom facilities. This adjustment has been made in the attached ordinance. RECOMMENDATION By motion, approve on first reading Ordinance No. 23-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://miweb001/AgendasBluesheet.aspx?ItemID=3709&MeetingID=269 9/9/2010 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JULY 19, 2010 AGENDA NO: IV. F. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES" SUBSECTION (KKK) TO ENACT REGULATIONS FOR LIVE/WORK UNITS; AMENDING SECTION 4.4.12 "PLANNED COMMERCIAL", SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.13 "CENTRAL BUSINESS DISTRICT", SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED"; SECTION 4.4.29 "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL", SUBSECTION (D) "CONDITIONAL USES AND STRUCTURES ALLOWED" TO ALLOW LIVE/WORK UNITS AS A CONDITIONAL USE; AND AMENDING APPENDIX "A" "DEFINITIONS" TO PROVIDE A REVISED DEFINITION FOR "LIVE/WORK UNIT" . ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that introduces Live-Work Uses as conditional uses in specified zoning district, and sets forth regulations that govern such uses. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS There has been increased interest in allowing non-residential uses in residential dwelling units. While home occupations allow for very limited business-type uses, Live-Work uses will allow a broader array of uses but with defined limitations to ensure compatibility within the residential development. Live-Work uses are different from amixed-use building that contains restaurants, retail, offices, and residential condominiums, as those uses each are separate areas. The non-residential uses associated with Live-Work uses are to be allowed within the residential unit. The uses are proposed in 4 zoning districts only by conditional use. The zoning districts within which the Live-work uses are introduced are: • Planned Commercial (Four Corners Overlay) • Central Business District • Central Business District-Railroad Corridor • Mixed Residential, Office and Commercial Some of the regulations proposed to govern Live-Work Uses include: The occupant of the residential unit must be the proprietor or owner of the business. Only one (1) additional employee may work at the business. Must face either a public or private street with available on-street parking. Planning and Zoning Board Meeting, July 19, 2010 LDR Amendment -Live Work Uses • Access must be clearly identified to allow for emergency services. • The net area devoted to the Live-Work Unit may not exceed 200 S.F., and must be located on the ground floor. • Hours of operation are limited from 8 AM to 6 PM; deliveries are limited from 9 AM to 6 PM. • Non-residential uses creating industrial-type impacts are prohibited. The use categories proposed include business services, personal services, professional services, and fabrication of arts and handicrafts. An expanded list of the allowable uses is included in the attachment. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. The proposed Live-Work amendment will allow for a balanced economic base, will encourage accessible affordable everyday services, and because the residential character must be maintained, the Live-Work units will be compatible with existing land uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) The Pineapple Grove Main Street committee unanimously recommended approval at their July 7, 2010 meeting. The Community Redevelopment Agency unanimously recommended approval at their July 8, 2010 meeting. 2 Planning and Zoning Board Meeting, July 19, 2010 LDR Amendment -Live Work Uses The Downtown Development Authority unanimously recommended approval at their July 12, 2010 meeting. The West Atlantic Redevelopment Coalition unanimously recommended approval at their July 13, 2010 meeting, with the recommendation that the Police Department review the proposal for Crime Prevention Through Environmental Design (CPTED) compliance. A copy was forward to our CPTED Practitioner on July 14, 2010. Comments will be presented at the Planning and Zoning Board meeting if available. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3 "Special Requirements for Specific Uses" , Subsection (KKK) to enact regulations for Live/work Units; amending section 4.4.12 "Planned Commercial", subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.13 "Central Business District", Subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", subsection (d) "Conditional Uses and Structures Allowed" to allow Live/work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "live/work unit" , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3 "Special Requirements for Specific Uses" , Subsection (KKK) to enact regulations for Live/work Units; amending section 4.4.12 "Planned Commercial", subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.13 "Central Business District", Subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", subsection (d) "Conditional Uses and Structures Allowed" to allow Live/work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "live/work unit" , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3 "Special Requirements for Specific Uses" ,Subsection (KKK) to enact regulations for Live/work Units; amending section 4.4.12 "Planned Commercial", subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.13 "Central Business District", Subsection (d) "Conditional Uses and Structures Allowed"; Section 4.4.29 "Mixed Residential, Office and Commercial", subsection (d) "Conditional Uses and Structures Allowed" to allow Live/work units as a conditional use; and amending Appendix "A" "Definitions" to provide a revised definition for "live/work unit", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed LDR changes 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning. THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.25-10 (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. BACKGROUND Recent legislative changes to Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow that use as a conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: -Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. -The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. -A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: A maximum of eight (8) children from birth to 24 months of age, or; A maximum of twelve (12) children with no more than four (4) children under 24 months of age. -Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. -There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. -A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 1 recommending approval at their August 23, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 25-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.25-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUS-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (NIIZOC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING ANEW DEFINITION, "LARGE FAMILY CHILD CARE HOME"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the changes included in this text amendment are being made to update the Land Development Regulations to comport with changes in State law; and WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on August 23, 2010 and voted 5 to 1 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poarc~ sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (T), "Family Day Care", of the Land Development Regulations of the City of Delray Peach, Florida, are hereby amended to read as follows: (T) Family Day Care Home: ~ee-Sti;?s~ ~~ ~, ~": ~''~`r r'~'~"' ~'~"'"a~j (1) Shall only be as an accessory use in a private residence and may function as either for or not for profit. (2) Is limited to no more than €~e six children at any one time but may be conducted t~nty--four hours a day. (3) The person furnishing such service shall have a current, valid permit from Palm Peach County for operation of a family day care ~ home, as required by Article II of Chapter 39, Palm Peach County Code; and a City of Delray Peach occupational license as a "Family Day Care ~ Home' . (4) A Family Day Care Home which is registered with the State Department of Health and Rehabilitative Services (HRS) are specifically exempt from having to obtain any special exemption or use permit or pay any special fee in excess of $50 to operate within the City (F.S. 166.0445). (5) Paby-sitting services provided by an individual at the home of the parents or legal guardial-~s are deemed to be exempt from these provisions. 2 ORD. NO. 25-10 Section 3. That Section 4.3.3, "Special Requirements for Specific Uses", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended by enacting a new Subsection (TT), "Large Family Child Care Home", to read as follows: (TT, Large Family Child Care Home (1) Requirements: Two full-time child care personnel must be on the premises during the hours of operation (a) One of the full time child care personnel must be the owner or occupant of the residence. (b) Such use must first have operated as a licensed famil~y care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1Z~ar. (c) A large family child care home shall be allowed to provide care for one of the following'- rg_oups of children which shall include those children Linder 13 years of age who are related to the caregiver: (i) A maximum of eigh~8) children from birth to 24 months of age, or; (ii) A maximum of twelve (12) children with no more than four (~ children under 24 months of aye. (2) Floor Area: Facilities shall contain a minimum floor area of 35 square feet per child exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. b (5) Other Regulations: All child care facilities shall comply with state and count~gulations. ORD. NO. 25-10 (3) Outdoor Area: There shall be a minimum area of 75 square feet of outdoor Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nos, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, swimming pools, and workshops. (2) Home occupations subject to the restrictions set forth in Section 4.3.3(K). (3) Family day care home pursuant to ,,,,~+~.:,,,.:~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). (4) Home tutorial services subject to the restrictions set forth in Section 4.3.3(KK). (5) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the Single Family Districts. (1) Child care and adult daycare. (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to C.F., as appropriate. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(1=~H~). (4) The use of common recreational facilities such as s~~vimming pools and tennis courts, associated with a subdivisiory for club or commercial purposes. 4 ORD. NO. 25-10 (5) Single family detached residences in zero lot developments but only in the R- 1-A and R-1-AA Districts. (6) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). 4.3.3(KK). (3) Home tutorial services subject to the restrictions set forth in Section (4) Home occupations. (5) Recreational facilities attendant to a subdivision which are operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (6) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (7) Guest cottages, only when accessory to a single family detached structure. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RL District. (1) Child care and adult daycare (2) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to C.F. as appropriate. 5 ORD. NO. 25-10 (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(1=~H~). (4) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (5) Single family detached residences in zero lot developments. (6) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (7) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allo~d when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, swimming pools, and home occupations. (2) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T). (3) Home tutorial services subject to the restrictions set forth in Section 4.3.3.(KK). (4) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (5) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis (6) Guest cottages, only when accessory to a single family detached structure. 6 ORD. NO. 25-10 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Child care and adult day care. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3(HHH). (4) Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to CF, as appropriate. (5) Nursing homes. (6) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. (7) Single family detached residences in zero lot developments. (8) Yacht club with facilities. (9) Dock master facilities when associated with a multi family development which has a marina. (10) Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road north of Pucida road and east of State Road A1A. (11) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conforniance with the applicable standards and criteria descnbed within the adopted Southwest Area Neighborhood Redevelopment Plan (12) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Carver E states Overlay District 7 ORD. NO. 25-10 as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. (13) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y) (14~Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allo~d", of the Land Developrr~ent Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog rims, garages, greenhouses, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, and home occupations. (2) Family Day Care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~-'-'~ ~„ Section 4.3.3(T). (3) Recreational facilities attendant to a subdivision which is operated under a bonafide homeowners association such as: tennis courts, swimming pools, exercise area, clubhouse, and private golf courses. (4) The rental or lease of a boat dock when the dock is assigned to, or on the same lot as, each residential use on a one-to-one basis. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PRD District. (1) Child Care and Adult Day Care (2) The use of common recreational facilities such as swimming pools, tennis courts, and golf courses for club or commercial purposes. (3) Private educational facilities subject to the restrictions set forth in Section 4.3.3 (HHH). (4) Large Family Child Care Home, subiect to Section 4.3.3(TT~ 8 ORD. NO. 25-10 Section 8. That Section 4.4.9, "General Commercial (GC) District, Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, are hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots; (2) Refuse and service areas; (3) Provision of services and repair of items incidental to the principal use; (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use on the site; (5) Single family detached dwellings for residence by business owners, proprietors, or employces. (6) Family care home pursuant to Section 4.3.3(T~ (D) Conditional Uses and Structures Allowed: The following are allov`ed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c). (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusement game facilities. (3) Wash establishments or facilities for vehicles. (4) Child Care and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area (6) Drive-in Theaters. 9 ORD. NO. 25-10 (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section (12) Recreational establishments such as bowling alleys, gyrrn-rasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (wavemm~ers, j et skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (1~ Adult Gaming Centers. (18) Churches or places of worship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. (19) Multiple family residential development may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section (20) Assisted Living Facilities and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (21~ge Family Child Care Home, subiect to Section 4.3.3(TT~ 10 ORD. NO. 25-10 Section 9. That Section 4.4.9, "General Commercial (GC) District, Subsection (G), "Supplemental Regulations", Sub-subsection (3), "Four Corners Overlay District", of the Land Development Regulations of the City of Delray Seach, Florida, are hereby amended to read as follows: (3) Four Corners Overlay District: The following supplemental district regulations apply to the Four Corners Overlay District, as defined in Section 4.5.14. (a) The permitted uses shall be those uses listed in Sections 4.4.9(5)(1,2,4,5). (b) The accessory uses shall be those uses listed in Section (C). (c) The conditional uses shall be those uses listed in Sections (D)(1, 3, 4,10, 12,15, 20 and 21). (d) Standards Pertaining to Allocation of Uses: 1. Office uses can encompass up to one hundred percent (100%) of the total building square footage within a Four Corners Overlay master development plan. 2. Retail uses shall not encompass more than one hundred percent (100%) of the total building area square footage of the Four Comers Overlay master development plan. 3. Hotels, motels, and residential all suite lodging shall not encompass more than 20% of the total building area square footage of the Four Comers Overlay master development plan. Notwithstanding the above, hotels, motels and residential all suite lodging can comprise 100% of the floor area of an individual building within a MDP containing multiple buildings. 4. Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d)(e) below, ranging in density not to exceed 30 units per acre subject to the following. a. Residential units may comprise 75% of the total floor area of the development master plan at a maximum density of (30) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 11 ORD. NO. 25-10 b. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing c. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. d For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed e. All residential developments shall be subject to the Perforniance Standards of 4.4.13(1)(2) (e) Standards Unique to the Four Corners Overlay District: Where standards unique to the Four Corners Overlay District conflict with standards contained elsewhere in the zoning, subdivision, and landscape codes, the standards of this Subsection shall apply. 1. Lot Coverage & Open Space: a. Land area equal to at least 25% of the individual Four Corners Overlay District Master Development Plan (MDP) including the perimeter landscaped boundary, shall be in open space. Water bodies and paved areas shall not be included in the meeting of this 25% open space requirement. 2. Minimum Structure Size: Any free-standing non residential principal structure shall have a minimum floor area of 4,000 square feet; shall be architecturally consistent with other structures in the master development plan; and shall have direct access to and from other portions of the Four Comers Overlay development. 3. Office and Commercial Floor Heights shall be a minimum of twelve feet (12') floor to floor on the first floor and ten (10') floor to floor on all floors above. Residential uses shall have a minimum nine feet (9') floor to floor on all floors. Hotel, motel and residential all suite lodging shall have a minimum of eight feet six inches (8' 6") floor to floor on all floors. Auxiliary and service rooms, such as, garages, restrooms, closets, laundry rooms, dressing rooms, storage rooms, mechanical, electrical, and plumbing 12 ORD. NO. 25-10 equipment rooms are exempted from the floor height regulations. Section 10. That Section 4.4.13, "Central Business (CSD) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (5) A single family residence, either separate or within a structure housing a nonresidential use, provided that the residence is occupied by the owner, proprietor, or employee of a business enterprise conducted on the property. (6) Recreational facilities attendant to amulti-family residential development, such as tennis courts, sv~imrr~ing pools, exercise areas, and meeting rooms. (7) Single level mechanical parking lifts for in fill development projects that have been vacant for a minimum period of one (1) year, pursuant to the requirements of Sections 4.6.9(D)(11) and 4.6.9(F)(4). (8) Family care home pursuant to Section 4.3.3(T~ (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusernent game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. 13 ORD. NO. 25-10 (4) Financial institutions, e.g, banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood, the Peach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4d1 Street. (7) Recreational establishments such as bowling alleys, gyrrn-tasiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live perforniances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses. (12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq.ft. (13) Multi family duelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on properly located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(1). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (16) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood 14 ORD. NO. 25-10 (17) Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood (18) Free standing or mixed use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on properly located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Bed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) (20) Live/Work Unit, subject to Section 4.3.3(KKK). (21~ge Family Child Care Home subiect to Section 4.3.3(TT~ Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Uses and structures normally associated with residences such as: bird aviaries, boat docks, dog houses and dog nos, garages, greenhouses, guest cottages, playhouses, pool houses and covers, pump houses, slat houses, storage sheds, tennis courts, workshops, s~~imming pools, and home occupations. (4) Family day care home pursuant to ,,,,~+~.:,,,-;~,-.~ ~~'- ~~~'-'~ ~„ Section 4.3.3(T) (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult daycare. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). 15 ORD. NO. 25-10 (3) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (4) Group Home, Type 2, and Community Residential Horner, pursuant to restrictions set forth in Section 4.3.3(I). (5) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 12. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (C), "Accessory Uses and Structures Pemutted", and Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Seach, Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Uses and structures normally associated with residences such as: bird aviaries, dog houses and dog rims, garages, greenhouses, guest cottages, playhouses, pool houses and covers/enclosures, pump houses, slat houses, storage sheds, workshops, swimming pools, and home occupations. (2) On a parcel that has as its principal use a non residential use, there maybe no more than twe residential units, either within a separate structure or within a structure housing a nonresidential use. (3) Family Day Care Home~ursuant to Section 4.3.3(T~ (4) Parking lots and refuse storage areas (5) Outdoor dining areas which are accessory or supplemental to a restaurant or business use, provided the operation of the outdoor dining area is limited to daylight hours. (6) Within the following described areas, the uses allowed as accessory uses in Section 4.4.13(C) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Flock 60 (b) Lots 1- 4, Flock 61 (c) Lots 1- 7 and 19-24, Flock 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Flock 75; and (e) Lots 1- 6, Slock 76 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: 16 ORD. NO. 25-10 (1) Outdoor dining which operates at night or which is the principal use or purpose of the associated restaurant. (2) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D), Child Care, Adult Day Care, and Nursing Homes. (3) Public Parking lots not associated with a use. (4) Residential type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 13. Tk~at Section 4.4.29, "NTixed Residential, Office And Commercial (NIIZOC) District", Subsection (C), "Accessory Uses and Structures Permitted", and Subsection (E ), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the City of Delray Seacl-y Florida, is hereby amended to read as follows: (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and parking garages (2) Refuse, service and loading areas (3) Meeting and conference facilities when associated with uses in the Master Plan. (4) Provision of services and repair of items incidental to the principal use. (5) Recreational facilities attendant to amulti-family residential development, such as tennis courts, sv~imming pools, exercise areas, and meeting rooms. (6) Fleet Management, field operations services, and communication facilities associated with governmental offices and services. (7) Family Day Care Home, pursuant to Section 4.3.3(T~ 17 ORD. NO. 25-10 (E) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the MROC District. Uses approved in this section shall be part of the maximum percentage for each use. (1) Health spas, fitness centers, gyrru~asiums, and exercise facilities which are open to the general public (2) Veterinary clinics. (3) Drive-thru facilities associated with any allowed use. (4) 24 hour/late night businesses (except for governmental offices and services) as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(w). (5) Day Care Centers subject to LDR Section 4.3.3 (E) (6) Educational Facilities, training centers, and vocational schools. This use will be considered similar to "Office Center" for the purposes of MROC regulations pertaining to types of uses, except for parking, which shall be pursuant to Section 4.4.29(H)(8). (7) Large Family Child Care Home, subiect to Section 4.3.3(TT~ Section 14. That Appendix "A", "Definitions", of the Land Developrr~ent Regulations of the City of Delray Beach, Florida, is hereby amended as follows: CHILD CARE FACILITY: An establishment in which custodial care is rendered to six or more children unrelated to the operator, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. FAMILY DAY CARE n^~T~~ HOME: An accessory use conducted in an ~e occupied residence in which custodial care is rendered to one to €i~e six children, inclusive, and for which the owner or operator receives a payment, fee, or grant for any of the children receiving care, whether or not operating for profit. Baby-sitting services provided by an individual at the home of the parents or legal guardians is not deemed to be a Family Day Care Home LARGE FAMILY CHILD CARE HOME: An occupied residence in which custodial care 18 ORD. NO. 25-10 Section 15. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 17. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST City Clerk First Reading Second Reading MAYOR 19 ORD. NO. 25-10 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: AUGUST 23, 2010 AGENDA NO: IV.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (T), "FAMILY DAY CARE" AND ENACTING A NEW SUBSECTION (TT), "LARGE FAMILY CHILD CARE HOME"; AMENDING SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (D), "CONDITIONAL USES AND STRUCTURES ALLOWED" OF SECTION 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", SECTION 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", SECTION 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", SECTION 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", AND SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL REGULATIONS", SUB-SUBSECTION (3), FOUR CORNERS OVERLAY DISTRICT; AMENDING SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (C), "ACCESSORY USES AND STRUCTURES PERMITTED" AND SUBSECTION (E), "CONDITIONAL USES AND STRUCTURES ALLOWED", IN ORDER TO UPDATE THE LAND DEVELOPMENT REGULATIONS TO COMPORT WITH CHANGES IN STATE LAW; AMENDING APPENDIX A, "DEFINITIONS", TO REVISE THE DEFINITIONS OF "CHILD CARE FACILITY" AND "FAMILY DAY CARE FACILITIES" AND ENACTING A NEW DEFINITION, "LARGE FAMILY CHILD CARE HOME" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will add Large Family Child Care Homes as a conditional use in specific zoning districts with established criteria to comport with changes in State law. Further, an increase to the limit on the number of children from five (5) to six (6) is made for Family Day Care Homes and reference is moved from individual zoning designations to the Special Regulations section of the Land Development Regulations. Finally, amendments to the accessory use and conditional use sections pertaining to specific zoning districts is made to effect these changes. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home BACKGROUND/ANALYSIS Recent legislative changes in the Florida Statutes (HB 1045-specific to Palm Beach County) became effective on May 26, 2010. The proposed ordinance reflects the components of the bill, particularly those that introduce Large Family Child Care Homes as a newly defined use. The ordinance will allow the use by conditional use in the following zoning districts: R-1 Single Family Residential RL-Residential Low Density RM-Medium Density Residential PRD-Planned Unit Development GC-General Commercial CBD-Central Business District CBD-RC-Central Business District-Railroad Corridor RO-Residential Office OSSHAD-Old School Square Historic Arts District MROC-Mixed Residential Office and Commercial Following are some of the criteria that will regulate Large Family Child Care Homes: ^ Two full-time child care personnel must be on the premises during the hours of operation, one of whom must be the owner or occupant of the residence. ^ The use must have first operated as a licensed family day care home for two years, with an operator who has had a child development associate credential or its equivalent for one (1) year. ^ A large family child care home will be allowed to provide care for one of the following groups of children which shall include those children under 13 years of age who are related to the caregiver: o A maximum of eight (8) children from birth to 24 months of age, or; o A maximum of twelve (12) children with no more than four (4) children under 24 months of age. ^ Facilities must contain a minimum floor area of 35 square feet per child, exclusive of space devoted to bathrooms, halls, kitchen, offices, and storage. ^ There must be a minimum area of 75 square feet of outdoor play area per child. The play area must be located on the same lot as the principal use and can not be located in the front yard setback or adjacent to any outdoor storage area. The play area shall be surrounded by a six-foot high fence or wall. ^ A pick-up and drop-off area for children must be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. ^ Anew definition is provided for Large Family Child Care Home consistent with HB 1045 that allows up to 12 children. Additionally, the amendment increases the limit on the number of children allowed in a Family Day Care Home from five (5) to six (6). Minor changes to the definitions of Child Care Facility and Family Day Care Facilities (now Home) are also included. The conditional use and accessory use sections are amended to include these uses with references made to the Special Regulations section of the Land Development Regulations. 2 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment reflects the recent changes in the Florida Statutes that pertain to child care uses in Palm Beach County. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text 3 Planning and Zoning Board Meeting, August 23, 2010 LDR Amendment -Large Family Child Care Home amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (T), "Family Day Care" And Enacting A New Subsection (TT), "Large Family Child Care Home"; Amending Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (D), "Conditional Uses And Structures Allowed" Of Section 4.4.3, "Single Family Residential (R-1) Districts", Section 4.4.5, "Low Density Residential (RL) District", Section 4.4.6, "Medium Density Residential (RM) District", Section 4.4.7, "Planned Residential Development (PRD) District", Section 4.4.9, "General Commercial (GC) District", Section 4.4.13, "Central Business (CBD) District", Section 4.4.17, "Residential Office (RO) District", And Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; Amending Section 4.4.9, "General Commercial (GC) District", Subsection (G), "Supplemental Regulations", Sub-Subsection (3), Four Corners Overlay District; Amending Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (C), "Accessory Uses And Structures Permitted" And Subsection (E), "Conditional Uses And Structures Allowed", In Order To Update The Land Development Regulations To Comport With Changes In State Law; Amending Appendix A, "Definitions", To Revise The Definitions Of "Child Care Facility" And "Family Day Care Facilities" And Enacting A New Definition, "Large Family Child Care Home", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 25-10 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE NO.35-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide a consistent reference to the term "pharmacies." BACKGROUND Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy." Other zoning districts throughout the Land Development Regulations identify the "pharmacy" use as "medicines and prescriptions", "drugs and medicine" and "drug stores." It could be argued that because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), and is not specifically used in other zoning districts, the specific regulations pertaining to Pharmacies would not apply. To clarify that the pharmacy regulations apply to all of these uses, all references are being modified to a consistent reference of "Pharmacies". REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 35-10 for a City initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.35-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (NIIZOC) DISTRICT", SUBSECTION (P), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses and Structures Pemutted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and/or facilities including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor s Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbir~ however, any outside storage of materials is prohibited (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive- through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrru~astics, photography, 2 ORD NO. 35-10 modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Dwelling units in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Comers District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Corners Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). (6) Astrologists, clairvoyants, forh~e tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (~ Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). Section 3. That Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (S), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following types of uses are allo~d within the NC District subject to the limitations per Subsection (H) as a permitted use: (1) Retail sales uses and/or facilities such as: convenience foods; household supplies; garden and lawn supplies; ~~xee pharmacies; small appliance sales and repairs; baked goods; delicatessen goods. (2) Provision of services such as: barber and beauty shops; dry cleaning limited to on site processing for customer pickup only; dry cleaning and laundry pickup stations; vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrru~astics, photography, modeling, and karate-judo; financing e.g. banks and similar institutions ORD NO. 35-10 excluding drive-through facilities; Laundromats limited to self-service facilities; dining at sit down restaurants including takeout and ice cream parlors but excluding drive-in, drive- throughfacilities; newsstands. (3) Business and Professional Offices. Section 4. That Section 4.4.13, "Central Business (CSD) District", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (13) Principal Uses and Structures Pemutted The following types of use are allowed within the CSD District as a pemutted use: (1) General retail uses and/or facilities including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, j ewelry. (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(I~(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical and professional offices. (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrrn-tastics, photography, modeling, 4 ORD NO.35-10 and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi family dwelling twits, excluding duplexes, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is helve (12) dwelling units per acre. (5) Hotels, motels, and residential type inns except in the West Atlantic Neighborhood (6) Assisted Living Facilities and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (~ Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(Y). Section 5. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Beach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales uses and/or facilities through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and d~~s pharmacies. (5) Arts related businesses such as craft shops, galleries, and studios within ORD NO. 35-10 which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding anydrive-in and/or drive-through facilities or features. (8) Providing of personal services such as barbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H) (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following descnbed areas, the uses allowed as permitted uses in Section 4.4.13(5) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Flock 60 (b) Lots 1- 4, Flock 61 (c) Lots 1- 7 and 19-24, Flock 69 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Flock 75; and (e) Lots 1- 6, Slock 76 (13) Assisted Living Facilities Section 6. That Section 4.4.29, "NTixed Residential, Office and Commercial (NIIZOC) District", Subsection (S), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, be and the same is hereby amended to read as follows: (S) Principal Uses and Structures Permitted The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage ORD NO. 35-10 within the development. These uses can include: (a) Financial Institutions, e.g, banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists, chiropractors, podiatrists, optometrists, etc. (c) Professional Offices, e.g., attorneys, engineering firms, architectural (d) Governmental offices, e.g, including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication towers and community facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, pnmanly engaged in rendering services to other building establishments, e.g, such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluatiory and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories '7 ORD NO. 35-10 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses and/or facilities not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, pharmacies, flowers and plants, fruits and vegetables, food gifts, glassware, ice cream, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, jewelry. (b) Barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking ~'~• (4) Multi-family Dwelling Units: Multi-family uses excluding duplexes subject to (a)(b)(c)(d) below, ranging in density between 40 and 50 units per acre subject to the follow~in~ (a) Residential units within 1,000 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel (b) Residential units between 1,001 and 2,500 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel. (c) Residential units at a distance (measured by airline route) greater than g ORD NO. 35-10 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) units per acre and only when proposed as part of a mixed-use development containing office and/or commercial uses. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed. 4. All residential developments shall be subject to the Perforniance Standards of 4.4.13(I)(2) (5) Hotel, Motel and Residential All Suite Lodging. These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(5)(4) a, b, and c above. Section 7. 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 or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading g ORD NO. 35-10 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk First Reading Second Reading 10 ORD NO. 35-10 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.11, "NEIGHBORHOOD COMMERCIAL (NC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED"; SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES"; AND SECTION 4.4.29, "MIXED RESIDENTIAL, OFFICE AND COMMERCIAL (MROC) DISTRICT", SUBSECTION (B), "PRINCIPAL USES AND STRUCTURES PERMITTED", TO PROVIDE A CONSISTENT REFERENCE TO PHARMACIES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide a consistent reference to the term "pharmacies." Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Only the PCC (Planned Commercial Center) includes the specific use and title of "pharmacy." Other zoning districts throughout the Land Development Regulations identify the "pharmacy" use as "medicines and prescriptions" and "drugs and medicine" and "drug stores." It could be argued that because the exact land use term of "pharmacy" is used in one zoning district (i.e., PCC), that because it is not specifically used in other zoning districts, the specific regulations pertaining to Pharmacies would not apply. To clarify that the pharmacy regulations apply to all of these uses they are being modified to a consistent reference of "Pharmacies". REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, and policies to which this amendment would be applicable, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment will provide consistent reference pertaining to pharmacies by changing the terms of those similar type uses. With this LDR amendment it will be clear that the specific regulations pertaining to pharmacies will apply to each of these previously mislabeled land uses. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.4.9, "General Commercial (GC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.11, "Neighborhood Commercial (NC) District", Subsection (B), "Principal Uses And Structures Permitted", Section 4.4.13, "Central Business (CBD) District", Section (B), "Principal Uses And Structures Permitted"; Section 4.4.24, "Old 2 School Square Historic Arts District (OSSHAD)", Subsection (B), "Principal Uses And Structures"; And Section 4.4.29, "Mixed Residential, Office And Commercial (MROC) District", Subsection (B), "Principal Uses And Structures Permitted", To Provide A Consistent Reference To Pharmacies, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE NO.36-10 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will add "Medical Clinics" to Section 4.3.3 (CELL) that contains specific restrictions that already apply to Medical Offices, and Professional and Business Offices. BACKGROUND Section 4.3.3 (CELL) of the LDRs includes restrictions regarding dispensing of controlled substances for medical offices, professional offices, and business offices. Adding "Medical Clinics" to the list of uses restricted by this section will close a loophole that could be asserted that because medical clinics are not specifically listed, they would not be subject to the restrictions in this section. The amendment also renames the section from "Medical Offices" to "Medical, Professional, and Business Offices and Medical Clinics" to reflect the LDR sections applicability. REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 36-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.36-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES", SUBSECTION (CELL), "MEDICAL OFFICES", TO INCLUDE MEDICAL CLINICS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, (CELL), "Medical Offices", of the Land Development Regulations of the City of Delray Peach, be and the same is hereby amended to read as follows: (CELL) Medical, Professional and Pusiness Offices, and Medical Clinics: (1) Applicability. Medical, Professional and Pusiness Offices, and Medical Clinics shall be subject to the following. (a) On site dispensing of controlled substances that are identified in Schedule II, III, or IV in Sections 893.03, and as further amended by Sections 893.035 or 893.0355, Florida Statutes, is prohlbitec~ unless otherwise expressly permitted by statutory or general law The following are exempt from this prohibition: (i) A health care practitioner when administering a controlled substance directly to a patient if the amount of the controlled substance is adequate to treat the patient during that particular treatment session (ii) A pharmacist or health care practitioner when administering a controlled substance to a patient or resident receiving care as a patient at a hospital, nursing home, ambulatory surgical center, hospice, or intermediate care facility for the developmentally disabled which is licensed in this state. (iii) A health care practitioner when administering a controlled substance in the emergency room of a licensed hospital. (iv) A health care practitioner when administering or dispensing a controlled substance to a person under the age of 16. (v) A health care practitioner when dispensing aone-time, 72-hour emergency resupply of a controlled substance to a patient. (2) Appeal. An appeal from an administrative determination or board action, excluding the granting or denial of a variance, regarding Medical Offices shall be appealed to the City Commission The applicant shall follow the procedures and requirements set forth in Section 2.4.7(E ). In addition to the requirements listed in Section 2.4.7(E) the applicant shall also list the following. (a) If the applicant is a potential claimant under a federal or state law; and (b) That the applicant believes in good faith that the City through implementation of this section has intentionally or unintentionally violated federal or state law The law(s) the City has allegedly violated shall be identified Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be dedared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading 2 ORD NO. 36-10 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYO R City Clerk First Reading Second Reading ORD NO. 36-10 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 4.3.3(LLLL) TO ADD THE TERM "MEDICAL CLINICS" UNDER APPLICABILITY AND TO CHANGE THE CATEGORY TITLE TO "MEDICAL, PROFESSIONAL AND BUSINESS OFFICES, AND MEDICAL CLINICS". ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will add "Medical Clinics" to Section 4.3.3 (CELL) that contains specific restrictions that already apply to Medical Offices, and Professional and Business Offices. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Section 4.3.3 (CELL) of the LDRs includes restrictions regarding dispensing of controlled substances for medical offices, professional offices, and business offices. Adding "Medical Clinics" to the list of uses restricted by this section will close a loophole that could assert that because medical clinics are not specifically listed, they would not be subject to the restrictions in this section. The amendment also renames the section from "Medical Offices" to "Medical, Professional, and Business Offices and Medical Clinics" to reflect the LDR sections applicability. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, or policies to which this amendment would apply, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment will close a loophole that could be argued that a medical clinic is not subject to the restrictions in this section regarding the dispensing of controlled substances. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4.3.3, "Special Requirements For Specific Uses", Subsection (CELL), "Medical Offices", To Include Medical Clinics, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 27, 2010 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.31-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance amending Chapter 35, "Employee Policies and Benefits", by amending Section 35.014, "Preferential Bonus Points", in order to update the City's Code. BACKGROUND At the first reading on September 21, 2010, the Commission passed Ordinance No. 31-10. RECOMMENDATION Recommend approval of Ordinance No. 31-10 on second and final reading. ORDINANCE N0.31-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND PENEFITS" PY AMENDING SECTION 35.014, "PREFERENTIAL PONUS POINTS" IN ORDER TO UPDATE THE CITY'S CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach, Florida, desires to update its code sections pertaining to Veterans Preference in order to reflect changes to Federal Law NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Penefits'", Section 35.014, "Preferential Ponus Points", of the Code of Ordinances of the City of Delray Peach, Florida, be, and the same is hereby amended to read as follows: Sec. 35.014 PREFERENTIAL BONUS POINTS. A preferential bonus of five (5) points shall be added to the examination score of any eligible veteran, un-remarried widow or widower of a veteran who died of aservice-connected disability, or recipient of any Armed Forces Expeditionary Medal or Global War on Terrorism Expeditionary Medal competing for a Civil Service position in the City. A preferential bonus of ten (10) points shall be added to the examinations score of any eligible disabled veteran who served on active duty in any branch of the Armed Forces who has aservice-connected disability or is receiving disability retirement benefits or pension by reason of public laws or ~ spouse of a disabled veteran or spouse of a person missing in action competing for a Civil Service position in the City. 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 or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately 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 Reading MAYO R 2 ORD. N0.31-10 Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: August 27, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF SEPTEMBER 21, 2010 ORDINANCE N0.31-10 ITEM BEFORE COMMISSION Ordinance No. 31-10. BACKGROUND This ordinance amendment is before Commission for approval to amend Section 35.014, "Preferential Bonus Points", to update its code section pertaining to Veteran's Preference in order to reflect changes to Federal Law. RECOMMENDATION The City Attorney's Office recommends City Commission approval. http://www.mydelraybeach.com/AgendasBluesheet.aspx?ItemID=3692&MeetingID=271 9/27/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: September 27, 2010 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.33-10 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider an ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.089, "Definitions", to provide revised definitions of "Final Monthly Compensation" and "Normal Retirement Date"; amending Section 35.095, "Contributions of Participant and City", Subsection (A), "Participant's Contribution Account", to provide for a change in the contribution amount; amending Section 35.097, "Retirement Income; Basis, Amount, and Payment", Subsection (A), "Normal Retirement Income", to change the normal form of retirement to life annuity; amending Subsection (C), "Disability Retirement and Retirement Income", Paragraph (5), Subparagraph (A), "Monthly Income Payable", Sub-subparagraph (1), "Service- Connected Disability", to modify disability average monthly earnings; amending Subsection (D), "Benefits Other Than on Retirement", Paragraph (2), "Benefit Payable in the Event of Participating Employee's Death On or Before the Normal Retirement Date", Subparagraph (A), "Death Benefit-- Service-Connected Death", to modify the monthly income General Employees Pension. BACKGROUND At the first reading on September 21, 2010, the Commission passed Ordinance No. 33-10. RECOMMENDATION Recommend approval of Ordinance No. 33-10 on second and final reading. ORDINANCE N0.33-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND PENEFITS", SECTION, "35.089, "DEFINITIONS", TO PROVIDE REVISED DEFINITIONS OF "FINAL MONTHLY COMPENSATION" AND "NORMAL RETIREMENT DATE"; AMENDING SECTION 35.095, "CONTRIPUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANT'S CONTRIPUTION ACCOUNT", TO PROVIDE FOR A CHANGE IN THE CONTRIPUTION AMOUNT; AMENDING SECTION 35.097, "RETIREMENT INCOME; PASIS, AMOUNT, AND PAYMENT", SUBSECTION (A), "NORMAL RETIREMENT INCOME", TO CHANGE THE NORMAL FORM OF RETIREMENT TO LIFE ANNUITY; AMENDING SUBSECTION (C), "DISABILITY RETIREMENT AND RETIREMENT INCOME", PARAGRAPH (5), "DISABILITY RETIREMENT INCOME", SUBPARAGRAPH(A), "MONTHLY INCOME PAYABLE", SUS-SUBPARAGRAPH (1), "SERVICE-CONNECTED DISABILITY", TO MODIFY DISABILITY AVERAGE MONTHLY EARNINGS; AMENDING SUBSECTION (D), "BENEFITS OTHER THAN ON RETIREMENT", PARAGRAPH (2), "BENEFIT PAYABLE IN THE EVENT OF PARTICIPATING EMPLOYEE'S DEATH ON OR BEFORE THE NORMAL RETIREMENT DATE", SUBPARAGRAPH (a), "DEATH BENEFIT-- SERVICE-CONNECTED DEATH", TO MODIFY THE MONTHLY INCOME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 35, "Employee Policies and Benefits ', Section 35.089, "Definitions", of the Code of Ordinances of the City of Delray Peach is hereby amended to read as follows: Final ~ranthly arrn~nsation. For participants who retire or terminate employment with five (5 or more ars of credited service prior to October 6, 2010, final monthly comveazsation means the total basic compeiitisation received by a participant during the highest-paid twenty--four (24) consecutive months of the one hundred twenty (120) months immediately preceding the termination of employment, divided by t~enty- four (24). .For participants who are employed on October 5, 2010, and who retire or terminate employment with five (5 or more years of credited service on or after October 6, 2010, final monthl~mpensation means the total basic compertisation who is employed on October 5, 2010 be less than the total basic compertisation received b~participant during the highest-paid twee , -four (24) consecutive months of the one hundred twenty 120, months immediatelypreceding October 5, 2010, divided by twen , -four (24, . For participants hired on or after October 6, 2010, final monthl~mpertisation means the highest paid sixt,~60) consecutive months of the one hundred t~nt~120) months immediatelypreceding the termination of employrrtent, divided b,~ sixt,~60 computing final monthl~mperisation for a participant who has returned to active Cit~mployment following an approved leave of absence, disability retirement or termination of employment with a vested benefit, the period of leave of absence, disability retirement, or following termination of employment shall be r~nored in detern~inirig the highest paid tin , -four 24), , -six 36, or sixt~(60) consecutive months, as applicable, of the one hundred tints (120) months immediatel~vreceding the subsequent termination of employment. Notwithstanding any other provision of this paragraph, the definition of final monthly compertisation contained in the first sentence of this paragraph shall continue to applesparticipants who are Norval retirerr~i~t date. For narticinants who retire or terminate employment with five (5) or more years of credited service prior to October 6, 2010, and for participants who are employed on October 5, 2010 and within ten (10~years of attaining~t„~(60, or t ' (30~years of credited service as of that date, normal retirement date means the first day of the month coincident with or next following the date a participant attains the age of sixty (60) and completes ten (10) years of credited service, or the date on which a participant attains thirty (30) years of credited service, regardless of age, whichever occurs first. Effective October 6, 2010, for participants who are employed on October 5, 2010 and not within ten (10~~ears of attaining~t„~(60 t ' (30~years of credited service as of that date, normal retirement date means the first day of the month coincident with or next following the date a participant attains the age of sixty two (62, and completes ten (10) years of credited service, or the date on which a participant attains thirtyy_ (30Lyears of credited service, regardless of age, whichever occurs first. The normal retirement date for participants hired on or after October 6, 2010 shall be the date a participant attains the age of six -five (65, and completes ten years of credited service. A participant may continue in the employ of the City and continue to participate in the plan beyond the normal retirement date. Notwithstanding any other provision of this paragraph, the definition of normal Section 2. That Chapter 35, "Employee Policies and Benefits'", Section 35.095, "Contributions of Participant and City, Subsection (A), "Participant's Contribution Account", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: (A) Particpant's Contribution Acroiu~t. (1) Tax-Deferred Contributions.] For the purpose of this Section "Participant's Contribution Account" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the City ORD. NO. 33-10 and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plary they will be considered participant contributions. (2) [Partiapants' Corrtributior~s.] Each participant will contribute toward the cost of the plan an amount equal to three (3) percent of the first four thousand eight hLmdred dollars ($4,800.00) of his basic annual compensation, and six (6) percent of basic annual compensation in excess of four thousand eight hundred dollars ($4,800.00) until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six (6) percent of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half (4 1 /2) percent of basic compertisation on atax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section Beginning with the first pay period after September 30, 2003, participants who are not included in the bargaining unit specified in paragraph (4) shall contribute two (2) percent of basic compertisation. Peginning with the first pay period after November 1, 2004, participants who are not included in the bargaining unit specified in Paragraph (4) shall contribute two and one-half percent (2.5%) of basic compensation Pegirn-iing with the first padperiod after October 6, 2010, participants who are not included in a bargaining unit shall contribute three and five one-hundreths percent 3.05%, of basic compertisation. (3) [Total Ber~fits Pat,,able.] Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a participant, who is terminated, elects to withdraw participant contributions, the participant will be entitled to the return of participant contributions with interest, in lieu of all other benefits payable under the plan. Effective September 1,1999, if a participant has ten (10) or more years of credited service under the plan a noncompounded simple interest rate of five (5) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the plan a noncompounded simple interest rate of three (3) percent shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Participant contributions cannot be withdrawn while a participant remains in the employ of the City or after the payment of benefits Linder the plan has commenced (4) Applicability to Bar~ining Unit Employs. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plary the City and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provide that no member shall be required to contribute more than four and one-half (4 1 /2) percent of basic compensation unless the City and union agree to a ORD. NO. 33-10 greater participant contribution Notwithstanding the foregoing, effective November 13, 2004, employees who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall contribute two and one-half (2 1 /2 percent of their gross pay to fund the Cites defined benefit pension plan. If an actuary selected by the Pension Soard determines that additional monies are required to properly fund the plary employees shall contnbute at the same rate as all other non represented employees who are members of the defined benefit pension plan. Hower, in no event shall employees contribute less than two and one-half (2 1 /2 percent nor more than four and one-half (4 1 /2) percent of their gross pay, unless the union and the City bargain for a lesser or greater percentage. Notwithstanding the foregoing employees who are included in a bargaining unit shall contribute three and five one-hundreths percent (3.05 %) of basic compertisation upon implementation of this change through the collective bargainir~process. Section 3. That Chapter 35, "Employee Policies and Benefits", Section 35.097, "Retirement Income; Basis, Amount, and Payment", Subsection (A), "Normal Retirement Income', of the Code of Ordinances of the City of Delray Seach is hereby amended to read as follows: (A) Norval Retirerr~i~t h2arrr~. (1) A~rniu~t of Normal Retirerr~i~t I~2arrr~. The amount of retirement income payable to a participant who retires on or after his normal retirement date shall be an amount equal to two and one-half (2.5) percent of final monthly comperLSation multiplied by credited service, expressed in years and tenths of a year, up to a maximum of thirty (30) year multiplied by the participant's vested percentage as set forth in Section 35.091. (2) Pa~r~i~t of Narrral Retirerr~i~t h2arrr~. The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made effective on the participant's normal retirement date (or on the first day of the month following actual retirement, if later), and shall be continued thereafter during the participant's lifetime. Upon the participant's death the same monthly benefit shall be continued to his or her spouse for one year, and sixty (60) percent of that amount shall be continued to the spouse thereafter Lentil the earlier of the spouse's death or remarriage. The nornial form of benefit for a participant who is not marred at the time of retirement is a single life annuity. If a participant who is not marred at the time of retirement later mames, the spousal benefit provided in this paragraph shall not apply unless the participant requests an actuarially adjusted benefit. Notwithstanding the foregoing provisions of this paragraph, the normal form of benefit for participants who are emplo, in a position not included in a bargaining unit on October 5, 2010, and not within ten (10~years of attaining the nom~al retirement date in effect on that date, shall be a single life annuity The nornial form of benefit provided in the 4 ORD. NO.33-10 Section 4. That Chapter 35, "Employee Policies and Penefits", Section 35.097, "Retirement Income; Pasis, Amount, and Payment", Subsection (C), "Disability Retirement and Retirement Income", Paragraph (5), "Disability retirement income", Subparagraph (a), "Monthly income payable', Sub-subparagraph (1) "Service- Connected Disability', of the Code of Ordinances of the City of Delray Peach is hereby amended to read as follows: (5) Disabilityretire~r~nt inarrr~. (a) Monthly inarrr~ pa~abh (1) Seizice-Con~~ected Disability. The benefit payable to a participant who retires from the service of the City due to total and permanent disability arising out of and in the course of city employment and occurring~rior to October 6, 2010 shall be a monthly retirement income equal to seventy-five (75) percent of the participant's final monthly compensation at the date of disability, subject to offsets for social security and workers' compensation benefits in accordance with subsection (C)(5)(a)(4) of this Section The benefit pa, le to a participant who retires from the service of the City due to total and permanent disabili ,~ arising out of and in the course of cit~rr~loyrrtent and occurring on or after October 6, 2010 shall be a monthly retirement income eaual to sixt„~(60~percent of the participant's final monthl~mpermsation at the date of disability, subiect to offsets for social security and workers' compensation benefits in accordance with subsection (C~5)(a)(4) of this Section Notwithstanding the preceding sentence, the first sentence of this paragraph shall continue to applesparticipants who are emplo, in a position included in a bargaining unit on October 5, 2010, until this benefit is changed through the collective bargainu~g_Process. Section 5. That Chapter 35, "Employee Policies and Penefits", Section 35.097,"Retirement Income; Pasis, Amount, and Payment", subsection(D), "Penefits Other than on Retirement", Paragraph (2), "Penefit Payable in the Event of Participating Employee's Death on or Before the Normal Retirement Date", Subparagraph (a), "Death benefit--Service-Connected Death", of the Code of Ordinances of the City of Delray Peach is hereby amended to read as follows: (2) Benefit Pamylble in the Ezent of Par~ticipatingE rr~plom~'s Death on or Before the Normal Retirart?rrt Date (a) Daath berrefi't-Seizice-Coni~erted D~th. If a participant's city employment is terminated by reason of death on or before the normal retirement date, and the death arises out of or in the course of city employment, there shall be payable the following. (1) To the participant's spouse or other designated beneficiary or beneficiaries, as the case may be, a lump-sum payment of ten thousand dollars ($10,000.00); plus (2) To the participant's spouse, until the earlier of his or her death or remarriage, a monthly income equal to six 60 percent of the participant's final monthly compensation at the date of death; or to a designated beneficiary or beneficiaries other than the spouse, until death, a monthly income equal to the actuarial equivalent of a lifetime benefit payable to the participant in the amount of six 60 percent of the participant's final monthly compensation at the date of death; plus ORD. NO. 33-10 (3) For each child of the participant until he or she attains the age of eighteen (18) years, and for each child from age eighteen (18) until age twenty-two (22) who is a full time student in an accredited school, there shall be payable an additional monthly income equal to seven and one-half (7.5) percent of the participant's final monthly compertisation The maximum monthly income for the participant's spouse and children combined shall not exceed ~ei~~ seven , -five (75) percent of the participant's final monthly compensation at the date of death A nonstudent child's monthly income shall terminate effective the first day of the month next preceding the chills death, marriage, or the attainment of age eighteen (18), whichever occurs first; the monthly income of a child who is a full-time student shall terminate effective the first day of the month next preceding the child's death, marriage, or the attainment of age twenty-two (22), whichever occurs first. Legally adopted children shall be eligble for a monthly income in the same manner as biological children Notwithstanding the provisions of subparagraph 2 above, participants who are employed in a position included in a bargaining unit on October 5, 2010 shall, if their employrrtent is terminated by reason of death on or before the normal retirement date, and the death arises out of or in the course of cit~mployment, be entitled to the following benefit payable to the participant's spouse Lentil this Section 6. 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 or part thereof other than the part declared to be invalid Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 8. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. MAYOR ATTEST: City Clerk First Reading Second Reading ORD. NO. 33-10 beneficiaries other than the spouse, until death, a monthly income equal to the actuarial equivalent of a lifetime benefit payable to the participant in the arr~unt of seven , -five 75~percent of the participant's final monthl~mpertisation at the date of death. Page 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: September 17, 2010 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF SEPTEMBER 21, 2010 ORDINANCE N0.33-10 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 33-10 which provides for modifications to the General Employees Pension Plan. BACKGROUND Attached is a list of possible pension options in the General Employee Pension Plan. The proposed recommendations to the Pension Plan for all current member employees effective October 6, 2010, will change the on-duty disability from 75% of earnings to 60% of earnings, change the period used to calculate average earnings from 2 years to 3 years, and increase employee contributions by 0.55%. For all member employees over 10 years from their normal retirement date, changes include the normal benefit for married member from 60% joint & survivor to Life Annuity and change the normal retirement date to age 62 or 30 years of service regardless of age. For new members hired after October 6, 2010, changes include increasing the period used to calculate average earnings to 5 years and changing the normal retirement date to age 65 and eliminating the 30 years and out option. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 33-10. http://www.mydelraybeach.com/AgendasBluesheet.aspx?ItemID=3802&MeetingID=271 9/27/2010 O ri e-# LI) 0 .~ im ~ Q ~ ~ M V ' A ~ e-1 (Yf OQ 1~ C3h M O ~ ~ iJ} iN/} ~V i~lF ice!} N r6 . ~ s. ~ ~ Q tEf Z3 ~ O O ~ ~ ~ ~ ~ ~ ~ ~ ~ Q 4J • v ` • O D ~ ~ ~ ~ ~ ~ G1 O D a ~ ~ ~ a ~ ~ ~, ~ ~ ~ ~+ p A ~ '}' , ~ ,~ G7 ~ ~ Hi ~ ~7 A i13 7~ M C ~ ~ '~"" IA ~ IeS f+ ~ ~ t~/s ~ o ~ ~' 3 ~. _ ~~ E ~ ~ ~.. o _ ~ :~z ~° ~~, _ _ ~n . ~ L ~ ~ ~ ~ ~ •~ 0 U U ~ Q Q . ' ~~ O O d ~ ~ 7 ~ L ~ vii tC ~ ~ H ct5 ~ O O u.. ~~ ~ p cu ~ L © m ~ ~ ~ ~ O ~ ~ ~ ~ {/~ L Q C L '~ i~+ ~ ~~ tU ~ 'w V ~' ~ ~ ~"~ Ste. 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G r~ W A O eYs tl~ i•+ .~ .~ L!~ l~ G} e~ ~a 0 a~ ~a c w a~ ~o L 0 w~ .L r a cf s~. ai v eta y ffl .~ V .~ ~_ w•I 0 N c .~ 0 e~ a ~a L ~!+ Z September 17, 2010 Mayor Nelson S. "Woodie" McDuffie 100 NW 1~t Avenue Delray Beach, FL 33444 Re: Proposed Pension Plan Changes. Dear Mayor McDuffie: have recently read the City Manager's recommendations on the changes to the City's general employee pension plan. Based an these recommendations, ! am compelled to write this letter to you. While many proposed changes to the general employee pension plan are under consideration, I would like to address the proposal to increase the retirement age to 62 and eliminate the 30 years-and-out provisions for employees greater than 10 years from retirement, Far many current employees that are in this category, this will result in them having to work for more than 30 years while waiting for their pension benefits to begin. Please understand that if you eliminate the 30 year-and-out provision, you will essentially leave retirement plans of this unprotected class of employee in limbo since they would be exposed to the potential of future elected officials being enticed to further extend the retirement age of general employees. By removing this fail safe, you will fundamentally turn the pension plan into a system that resembles the federal social security program with respect to the retirement age constantly being pushed back. Please exclude this provision from any changes you may make to the general employee pension program. Sincerely, Scott pe, AI P, Senior Planner r,n~~ ~g ~ ~ „~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Assistant Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE NO.34-10 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will clarify the procedure regarding reasonable accommodation requests. BACKGROUND Current language in the Land Development Regulations requires notice and a public hearing to receive comments, input and information from the public regarding requests for reasonable accommodation before such requests are considered and acted upon. The intent of the Reasonable Accommodation process is to not impose an inordinate burden on persons with disabilities and, to comport with that intent, this notice and public hearing requirement should not be imposed. This amendment removes the requirement for notice and public hearing. REVIEW BY OTHERS The Planning and Zoning Board voted 7 - 0 recommending approval at their September 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 34-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.34-10 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 2.4.7, "PROCEDURES FOR OPTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", PY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONAPLE ACCOMMODATION REQUESTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 2.4, "General Administration Procedures", Section 2.4.7, "Procedures for Obtaining Relief from Compliance with Portions of the Land Development Regulations", Subsection (G), "Requests for Accommodation', Sub-Subsection (5), "Notice of Proposed Decision', of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: (5) Notice of Proposed Decision. The City 1\/Ianager, or his/her designee, shall have the authority to consider and act on requests for reasonable accommodation, When a reasonable accommodation request form has been completed and submitted to the Plarn~ing and Zoning Department, it will be referred to the City Manager, or his/her designee, for review and consideration. The City Manager, or his/her designee, shall issue a written determination within forty- five (45) days of the date of receipt of a completed application and may, in accordance with federal law, (1) grant the accommodation request, (2) grant a portion of the request and deny a portion of the request, and/or impose conditions upon the grant of the request, or (3) deny the request, in accordance with federal law Any such denial shall be in writing and shall state the grounds therefor. All written determinations shall give notice of the right to appeal. The notice of determination shall be sent to the requesting party (i.e. the disabled individual or his/her representative) by certified mail, return receipt requested If reasonably necessary to reach a determination on the request for reasonable accommodatiory the City Manager, or his/her designee, may, prior to the end of said forty-five (45) day period request additional information from the requesting party, specifying in sufficient detail what information is required The requesting party shall have fifteen (15) days after the date of the request for additional information to provide the requested information. In the event a request for additional information is made, the forty-five (45) day period to issue a written determination shall no longer be applicable, and the City Manager, or his/her designee, shall issue a written determination within thirty (30) days after receipt of the additional information If the requesting party fails to provide the requested additional information within said fifteen (15) day period the City Manager, or his/her designee, shall issue and written notice advising that the requesting party had failed to timely submit the additional information and therefore the request for reasonable accommodation shall be deemed abandoned and/or withdrawn and no further action by the City with regard to said reasonable accommodation request shall be required 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 or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST City Clerk First Reading Second Reading MAYOR 2 ORD. NO.34-10 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.7, "PROCEDURES FOR OBTAINING RELIEF FROM COMPLIANCE WITH PORTIONS OF LAND DEVELOPMENT REGULATIONS", BY AMENDING SUBSECTION (G), "REQUESTS FOR ACCOMMODATION", SUB- SUBSECTION (5), "NOTICE OF PROPOSED DECISION", TO CLARIFY THE PROCEDURE REGARDING REASONABLE ACCOMMODATION REQUESTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify the procedure regarding reasonable accommodation requests. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Current language in the Land Development Regulations first require notice and a public hearing to receive comments, input and information from the public regarding requests for reasonable accommodations before such requests are considered and acted upon. The intent of the Reasonable Accommodation process is to not impose an inordinate burden on persons with disabilities and to comport with that intent this requirement should not be imposed. This amendment removes the requirement for the notice and public hearing. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, and policies to which this amendment would be applicable, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment will provide a more equitable Reasonable Accommodation Request process. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub-Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 2.4.7, "Procedures For Obtaining Relief From Compliance With Portions Of Land Development Regulations", By Amending Subsection (G), "Requests For Accommodation", Sub- Subsection (5), "Notice Of Proposed Decision", To Clarify The Procedure Regarding Reasonable Accommodation, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: September 29, 2010 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 5, 2010 ORDINANCE N0.37-10 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that will modify and provide additional clarification to the use of sidewalk cafes. BACKGROUND Section 6.3.3 of the LDRs indentifies the permitting process, associated fees, and regulations governing the use, design and maintenance of sidewalk cafes. The proposed modifications provide additional clarification as to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes, and outline certain operational functions that are prohibited within the sidewalk cafe area. The proposed changes also increase the application, permit and penalty fees associated with the use. In summary, the following substantial changes are proposed: -Clarifies that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe permits; -Provides clarification that certain operational functions (food prep, trash receptacles, and cash registers) are prohibited in the sidewalk cafe area; -Expands the area where sidewalks cafes can occur to include areas adjacent to public spaces and areas between the side street and the building in addition to the current language which allows the use only in areas between the front of the building and the street; -Increases the application, permit and penalty fees; and -Includes aesthetic changes, including a requirement that street furniture associated with the cafe use be of a quality design, materials and workmanship that will enhance the visual and aesthetic quality of the urban environment. The changes also require aesthetic approval of elements such as carpeting, artificial turf or other surfaces. These changes are necessary to address on going issues as well as evolving concerns related to the proliferation of sidewalk cafes in association with primarily retail uses. REVIEW BY OTHERS The Community Redevelopment Agency unanimously recommended approval at their September 23, 2010 meeting recommending the fee increase be limited to 30%. The Downtown Development Authority unanimously recommended approval at their September 13, 2010 meeting, with clarification of a 5-foot wide clear area as opposed to 6 feet (this change is reflected in the current ordinance). The Plannin,~ and Zoning voted 7 - 0 recommending approval at their September 20, 2010 meeting, with the conditions that 1) markers be placed that are both permanent and visible to mark a 5- foot wide area referred to in the ordinance and, 2) that staff is to advise applicants to provide public safety measures as part of their application. RECOMMENDATION By motion, approve on first reading Ordinance No. 37-10 for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE N0.37-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, PY AMENDING SECTION 6.3.3, "SIDEWALK CAFE"; TO PROVIDE CLARIFICATION ON SIDEWALK CAFES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on September 20, 2010 and voted 7 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 6.3.3, "Sidewallc Cafe", of the Land Development Regulations of the City of Delray Peach, be and the same is hereby amended to read as follows: Section 6.3.3 Sidewallc Cafe: A sidewallc cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property, (excluding interior courtyard seating which is subject to parking requirements) and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs and associated articles must be located within the sidewallc cafe permit area Sidewallc cafes allowed only when incompliance with this Section (A) Permit and Fees: It shall be unlawful for any person to establish a sidewallc cafe at any site unless a valid permit to operate a sidewallc cafe has been obtained for that site, from the City pursuant to this Section The permit shall be issued on a form provided by the City of Delray Beach No permit shall be issued until all the requirements of this Section have been met. Permits shall not be transferable. (1) Each permit shall be effective for one year, from July 1st until June 30th Any new permit application received after July 1st until December 31st will pay the full cost of the permit fee and the permit shall expire June 30th of the following year. Any new permit application received after December 31st will pay one-half of the cost of the permit fee and the permit shall expire June 30th of the same year. (2) The sidewakc cafe application fee is one hundred ~ dollars ($150.00 48:98). The permit fee is $4.50 X99 per square foot of approved sidewakc cafe space. (3) Renewals of a Sidewallc cafe permit and payment of fees must be submitted and approved on or before July 1st of each year. (4) Late Renewal Fee: If a renewal payment is not submitted by July 1st, it shall be considered late and subject to a late fee of ten percent (10%), plus an additional five-percent (5%) late fee if payment is not received by the first of each month thereafter until paid, provided that the total fee shall not exceed twenty-percent (20%). If a renewal payment is not submitted by July 1st, the City has the right to immediately cancel the Sidewallc Cafe permit upon written notice to the permit holder. (S) Applicability: The provisions of this section shall apply to all existing and proposed sidewakc cafes effective July 1, 2005. (C) Required Information: In addition to the required permit application and permit fee, the following must be provided at the time the application is submitted or renewed: (1) A copy of a valid eel business tax receipt; and description of use. (2) A sketch plan of the area between the store front and vehicular travel surface or lic s ce, drawn to a minimum scale of 1" = 10' which shows: (a) The sidewakc cafe area including square footage and dimensions; (b) The store front and all openings (doors, windows); (c) The location of curb, sidewalk, and any utility poles, fire hydrants, landscaping, or other items, within the right-of-way and private property, between the curb and the store front including dimensions; 2 ORD. NO. 37-10 (d) The location of any of the above items which are within six feet (6') of the ends of the proposed use area; and the location of parking spaces (or use of the street or public space) adjacent to the proposed use area; Attorney. (e) Qear delineation of the boundary between private properly and the right-of-way including dimensions; (f) Delineation of "clear pedestrian pathways' and "No Table Zones" as required by Subsection (F) (5); (g) Proposed location of chairs with tables, and other private features such as but not limited to hostess stands, umbrellas, etc.; (h) Proposed location of sidewallc cafe bamers as required by Subsection (F) (7); (i) Photographs and/or manufacturer brochures depicting the chairs, tables, umbrellas, menu boards and logos, and other temporary private features including, but not limited to, lightingLplanters, ropes, stanchions and other equipment to be used in the proposed sidewallc cafe area (j) If the Permittee intends to use properly in front of an adjacent business, the pemuttee must submit a notarized statement from the adjacent business owner(s) indicating the adjacent business owner has allowed the use of the sidewallc in the front of their business(s), on a foml acceptable to the City. (3) Proof of Insurance and a Hold Harmless Agreement in a form acceptable to the City (D) Processing. The permit application including the Required Information as requested in Subsection (C) above shall be submitted to the Community Improvement Department for processing Appeals shall be governed by Section 2.4.7(E ). (E) Geographic Limitation: A permit for a sidewallc cafe may be issued within those zoning districts which allow restaurants, subject to any limitations or restrictions of the particular district. (F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewallc cafe shall only be established in conjunction with a legally established restaurant ~ra ~~~- +.,~.,,,,, ,+ ~,,,,a ~+,,,,,, or business, where the food product is prepared processed, or assembled on the premises (for example: deli ice cream store, candy store, sandwich shop) where the food product preparation is the main or sole purpose of the business. A business that prepares, ORD. NO. 37-10 (2) A sidewakc cafe may only be established in front of the business or along a side street adi acent to the business, or public space, and such businesses immediately adjacent to the business with which the sidewakc cafe is associated The sidewakc cafe shall not be established adjacent to a travel lane or on street parking, unless there is no ability to establish a sidewakc cafe adjacent to the storefront, in which case a sidewakc cafe maybe located adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided Hower, a sidewakc cafe maybe established adjacent to a landscape node. (3) Alcoholic beverages maybe consumed at a sidewakc cafe. (4) The use of the tables and chairs at a sidewakc cafe shall be only for the customers of the business with which the sidewakc cafe is associated Tables, chairs, umbrellas, barriers and other Sidewallc Cafe permit. (5) Sidewallc cafe operators shall maintain a clear pedestrian path of a minimum of five feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and/or alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewakc cafe operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the irnpedirr~zt closest to the building facade for a distance of five feet (5') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required A clear pedestrian path greater than five feet (5') may be required on sidewalks with an adjacent traffic lane. (6) A °No Table Zone" is hereby established No sidewakc cafe tables or chairs shall be located within the °No Table Zone". The °No Table Zone" is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be measured perpendicular to the street from the extended curb. For non Atlantic Avenue intersections, the °No Table Zone" shall be ten feet as measured above. (7) The sidewakc cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation No part of the the barrier shall be located within the required 5' clear pedestrian pathway as defined in subsection (5 above. 4 ORD. NO.37-10 (8) In addition to previously approved business signs, the sidewalk cafe may have one of the following signs: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5') in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.). (c) Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewakc cafe area These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the Cites sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7(E)(3)(d) Grand Opening Portable Signs. (9) Use area and/or seating capacity realized through a sidewallc cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) Food maybe carried to tables by patrons or served by a table waiter. Eee~ . The use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewakc cafe area. (11) The use of carpeting, artificial turf, or other services of any kind must be approved as apart of the sidewakc cafe application (12) All services provided to patrons of a sidewallc cafe and all patron activit~i.e., sitting dining, etc.) shall occur within the designated sidewallc cafe area, and shall not impinge on the required 5' clear distance for pedestrian passage at any time. 13 {~ Hours of operation shall be the same as the associated businesses. 14 {~ The area covered by the permit, including the sidewallS curb and gutter immediately adjacent to it, shall be maintained in a Cleary neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The pemuttee shall also be responsible to pressure clean the sidewakc surface on which the sidewakc cafe is located at least once a week or more frequently, if needed and pickup all litter and debris including litter and debris in the landscaped areas adjacent to the sidewallc cafe area Linder permit. ORD. NO. 37-10 15 {~ No tables, chairs, or any other part of sidewalk cafes shall be attached chained or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewallc within or near the permitted area (G) Liability and Insurance: (1) Prior to the issuance of a permit, the applicant shall furnish a signed statement that the permittee shall hold harmless the City, its officers and employees and shall indemnify the City, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carved on under the terms of the permit. (2) Permittee shall famish insurance and insurance certificate and maintain such public liability, food products liability, and properly damage insurance from all claims and damages to properly or bodily injury, including death, which may arise from operations tinder the permit or in connection therewith Such insurance shall provide coverage of not less than one million dollars ($1,000,000) for bodily injury, and property damage respectively, per occt>rrence. Such insurance shall name the City, its officers and employees as additional insureds and shall further provide that the policy shall not terminate or be canceled without thirty (30) days written notice to the City. (I~ Penalties for Violations: In addition to the remedies provided in Section 6.3.3(I), the following penalties will be imposed upon the issuance of a written notice to the permittee shall be given as follows: 1St violation - a written warning 2nd violation - up to $~98 150 fine 3rd violation - up to $~5 250 fine (I) Denial, Revocation, or Suspension of Permit; Removal and Storage Fees; £~et Jurisdiction of the Code Enforcement Board or Civil Violations; Emergencies: (1) The City Manager or his/her designee may deny, revoke, or suspend a permit of any sidewallc cafe in the City if it is found that: (a) Any necessary business or health permit has either been suspended revoked or canceled or has lapsed. (b) The permittee does not have insurance which is correct and effective. ORD. NO. 37-10 (c) Q,anging conditions of pedestrian or vehicular traffic cause congestion necessitating removal or modification of the sidewalk cafe, in order to avoid danger to the health, safety or general welfare of pedestrians or vehicular traffic. (d) The pemuttee has failed to correct violations of this subchapter or conditions of permitting within three (3) days of receipt of written notice of same. (e) If the permtttee receives more than three (3) Code Enforcement violations and/or civil violations in a 12 month period from the issuance of its permit for non compliance to this Sectiory the permit shall be terminated and no refunds of the permit application fee shall be granted The perrnittee may not receive a new pemut for six months. (f) The Sidewallc Cafe does not enhance or conform to the aesthetic ambiance of the area or is not compatible with other adj acent businesses or sidewallc cafes. (2) The City many remove or relocate or order the removal or relocation of tables and chairs and other vestiges of the sidewakc cafe and a reasonable fee charged for labor, transportatiory and storage, should the permtttee fail to remove said items within thirty-six (36) hours of receipt of the written notice from the City Manager or his/her designee ordering removal or relocation. However, in the event of an emergency, no written notice of relocation or removal shall be given and relocation and/or removal shall commence immediately. (3) The permtttee may appeal the order of the City Manager pursuant to Section 6.3.3(J), below (4) _ines for noncompliance shall be in accordance with Chapter 37 of the Code of Ordinances. (5) The sidewakc cafe pemut maybe suspended upon written notice of the City Manager or his/her designee and removal maybe ordered by the City when repairs necessitate such action. (6) In additiory the City may immediately remove or relocate all or parts of the sidewalk cafe or order said removal or relocation in emergency situations, without written notice. In an emergency or upon the issuance of a hurricane warning or notification of another weather emergency by the county, the permtttee shall forthwith place indoors all tables, chairs, and other equipment located on the sidewalk Failure to comply shall result in violation of this subsection which shall result in the issuance of a fine not to exceed $500.00. Q) Appeals: '7 ORD. NO. 37-10 (1) Appeals of the decision of the City Manager or his/her designee shall be initiated within ten (10) days of a permit denial, revocation or suspensiony or of an order of removal or relocationy by filing a written notice of appeal with the City Manager. (2) The City Manager shall place the appeal on the first available regular City Commission agenda. At the hearing on appeal, the City Commission shall hear and determine the appeal, and the decision of the City Commission shall be final and effective immediately. The City Commission shall apply the standards set forth in 6.3.3(I). (3) The filing of a notice of appeal by a permittee shall not stay an order of the City Manager or his/her designee regarding the suspension, revocation or denial of the permit, or the relocation or removal of the vestiges of the sidewallc cafe. Vestiges of the sidewallc cafe shall be removed as set forth in this subchapter, pending disposition of the appeal and the final decision of the City Commission. (4) Appeals from the decision of the Code Enforcement Soard shall be to the circuit court and not to the City Commission. Section 3. 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 or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2010. ATTEST MAYOR City Clerk First Reading Second Reading g ORD. NO. 37-10 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: SEPTEMBER 20, 2010 AGENDA NO: V.E AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 6.3.3 (SIDEWALK CAFE). ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) Section 6.3.3 (Sidewalk Cafe) to modify and provide additional clarification with respect to the use. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Section 6.3.3 of the LDRs indentifies the permitting process, associated fees, and regulations governing the use, design and maintenance of sidewalk cafes. The proposed modifications provide additional clarification as to where sidewalk cafes can locate, what businesses can utilize sidewalk cafes, and outlines certain operational functions that are prohibited within the sidewalk cafe area. The proposed changes also increase the application, permit and penalty fees associated with the use. In summary, the following substantial changes are proposed: • Clarify that retail businesses with food sales as an accessory use are not eligible for sidewalk cafe permits; • Provide clarification that certain operational functions (food prep, trash receptacles, and cash registers) are prohibited in the sidewalk cafe area; • Expansion of the area where sidewalks cafes can occur to include areas adjacent to public spaces and areas between the side street and the building in addition to the current language which allows the use only in areas between the front of the building and the street; • Increase the application, permit and penalty fees; and • Include aesthetic changes, including a requirement that street furniture associated with the cafe use be of a quality design, materials and workmanship that will enhance the visual and aesthetic quality of the urban environment. The changes also require aesthetic approval of elements such as carpeting, artificial turf or other surfaces. These changes are necessary to address on going issues as well as evolving concerns related to the proliferation of sidewalk cafes in association with primarily retail uses. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific goals, objectives, or policies to which this amendment would apply, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS The amendment was reviewed by the Downtown Development Authority at their meeting of September 13, 2010 and they unanimously recommended approval subject to a condition which has been incorporated into the ordinance. The Community Redevelopment Agency was scheduled to consider the amendment at their September 16, 2010 meeting however the meeting was canceled. The CRA will consider the amendment prior to second reading by City Commission and their recommendation will be presented to City Commission. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment is consistent with the City's Comprehensive Plan and is necessary to address on going issues as well as evolving concerns related to the proliferation of sidewalk cafes in association with primarily retail uses. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 6.3.3, "Sidewalk cafe", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 6.3.3, "Sidewalk cafe", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 2 RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 6.3.3, "Sidewalk cafe", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ^ LDR Text Modification 3