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01-04-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tanuary 4, 2011 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 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. December 7, 2010 -Regular Meeting B. December 14, 2010 Regular Meeting 6. PROCLAMATIONS: A. Martin Luther King, .Tr. Day - .Tanuary 17, 2011 7. PRESENTATIONS: A. Government Finance Officers Association Award -Certificate of Achievement for Excellence in Financial Reporting CONSENT AGENDA: City Manager Recommends Approval A. CONSULTING SERVICE AUTHORIZATION NO. 07-20/MATHEWS CONSULTING, INC.: Approve Consulting Service Authorization No. 07-20 to Mathews Consulting, Inc. in the amount of $60,000.00 for professional engineering services related to the Lowson Boulevard Force Main Replacement. Funding is available from 442-5178-536-68.74 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Lowson Blvd Fm). B. AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN AND FAMILIES (ACCF~Pprove an agreement between the City of Delray Beach and Achievement Centers for Children and Families (ACCF) in the amount of $52,000.00 to carryout services at the Village Academy Beacon Center for FY 2010-2011. Funding is available from 001-4111-572-83.01 (General Fund: Other Grants & AidZ C. RESOLUTION NO.Ol-11: Approve Resolution No. 01-11 providing for a referendum on the proposed charter amendment related to Commission terms to be placed on the ballot as a Special Election item for the election to be held on March 8, 2011. D. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve special event request to endorse Art and .razz on the Avenue to be held on .Tanuary 27, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6 (F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4th, to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, contingent on the receipt of an updated Certificate of Liability Insurance. E• SPECIAL EVENT REOUEST/ 14th ANNUAL DOWNTOWN DELRAY CRAFT FESTIVAL: Approve a special event request to endorse the 14th Annual Downtown Delray Craft Festival sponsored by Howard Alan Events, Ltd. to be held February 26-27, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the use of N.E. 4th Avenue, two ~) blocks north of Atlantic Avenue as well as use of the north end of Hand's parking lot for vendor parking to provide staff support for traffic control and security and fire inspection services, and to permit an event sign be erected on Atlantic Avenue just east of I-95, fourteen (14) days prior to the event. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 13, 2010 through December 31, 2010. G. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to GPS Management Solutions, Inc. in the amount of $33,329.80 for forty-nine (49) Marcus GPS units for various department's vehicles with installation, on-site training and twelve (12) months monitoring. Funding is available from multiple departments. 2. Purchase award to Zoll Medical Corporation in the amount of $51,180.00 for three ~) Zoll E-Series monitor/defibrillators. Funding is available from 334-2311- 522-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/E quipment). 3. Bid award to Vila and Son Landscape Corporation in the amount of $140,204.88 for the West Atlantic Avenue Medians Landscape Project. Funding is available from 334-3162-541-61.15 (General Construction Fund: Capital Outlay/Improvements- Medians). 9. REGULAR AGENDA: A. WAIVER REQUESTS/BRIGHT HORIZONS d/b/a 32 EAST: Consider two ~) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(FZ4), "Front Setbacks", and 4.4.13(FZ8), "Structures Allowed Within Setback", to permit a proposed balcony, support columns of the balcony-canopy, entry arch columns and attached high top tables to encroach within the front setback for Bright Horizons d/b/a 32 East located at 32 East Atlantic Avenue. (Quasi-Judicial Hearing B. WAIVER REQUESTS/209 NORTH SWINTON AVENUE: Consider approval of two (2) requests for waivers to Land Development Regulations (LDR) Sections 4.6.9(D~ (a-b~ "Point of Access to the Street System", 4.6.16(H~(3)(d), "Perimeter Landscape Strips", and 4.6.16 (H~(3)(i) "Terminal Landscape", associated with reductions in the required driveway width for 209 North Swinton Avenue. (Quasi-Judicial Hearing C. CONDITIONAL USE REQUEST/FRANKLIN AT DELRAY BEACH: Consider approval of a conditional use request to allow a residential density of up to 22 dwelling units per acre for a proposed multiple family development known as Franklin at Delray Beach, located on the west side of South Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delray. (Quasi-Judicial Hearing D. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR THE DR. MARTIN LUTHER KING, .TR. HOLIDAY CELEBRATION:Consider arequest to waive field permit and facility rental fees and provide staff support at Pompev Park on .Tanuary 15, 2011 from 8:00 a.m.-12:00 p.m., and .Tanuary 17, 2011 from 11:00 a.m.-5:00 p.m., for the Dr. Martin Luther King, .Tr. Holiday Celebration. E. DESIGNATE A CHAIRPERSON TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION: Designate a chairperson to the Public Employees Relations Commission (PERCH F. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board to serve a three ~) vear term ending .Tanuary 14, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ G. APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE: Appoint one ~) regular member to the General Employees Retirement Fund Committee to serve an indefinite term. Based upon the rotation svstem, the appointment will be made by Commissioner Eliopoulos (Seat #1~ H. APPOINTMENT TO THE FINANCIAL REVIEW BOARD:Appoint one ~) alternate member to the Financial Review Board to serve an unexpired term ending .Tiny 31, 2011. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 44-10: An ordinance amending Chapter 112, "Alarm Systems", of the Code of Ordinances. B. ORDINANCE NO. 45-10: Consider approval to amend Chapter 39, Section 39.01, "Service Charge for Returned Checks", to make this section consistent with Florida Statutes Section 166.251, "Service Fee for Dishonored Check". 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 02-11: City initiated amendment to the Land Development Regulations (LDR) Section 4.5.3, "Flood Damage Control Districts", to add new regulations to conform with changes in State laws. If passed, a public hearing will be held on .Tanuary 18, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission DECEMBER 7, 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, December 7, 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 Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Greg Kanter with Temple Sinai. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel moved to approve the Agenda, 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: Mrs. Gray moved to approve the Minutes of the Regular Meeting of November 16, 2010, 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. 6. PROCLAMATIONS: A. None 12/07/10 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (CHANGE ORDER NO. HINAL) ROSSO PAVING & DRAINAGE INC.: Approve Contract Closeout (Change Order No. 2/Final) in the net deduct amount of $790.20 and final payment amount of $6,901.78 to Rosso Paving & Drainage, Inc. for the completion of the Dixie - US 1 Connector (N.E. 22nd Lane). Funding is available from 334-3162-541-63.83 (General Construction Fund: Improvement Other Than Buildings/Dixie Highway - US 1 Connector). 8.B. SERVICE AUTHORIZATION NO. 19/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 19 with Mathews Consulting, Inc. in the amount of $45,686.00 for Lift Station 100A Capacity Study. Funding is available from 442-5178-536-31.30 (W & S Renewal & Replacement Fund: Professional Services/Engineering/ Architect). 8.C. GRANT AWARD/ALTERNATIVE WATER SUPPLY GRANT/SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD): Approve and accept an Alternative Water Supply (AWS) grant award from the South Florida Water Management District (SFWMD) in the amount of $210,900.00 to provide supplementary funding for the Area llB Reclaimed Water System expansion. 8.D. AMENDMENT NO. 2 TO THE LEASE AGREEMENT/PALM BEACH COUNTY/ HEAD START FACILITY: Approve Amendment No. 2 to the Lease Agreement with Palm Beach County for the Head Start Facility at Catherine Strong Park. 8.E. RELEASE OF LIMITED ACCESS EASEMENT AGREEMENT: Approve release of a limited access easement that is over the south property line, adjacent to Tamarind Road, on the northeast corner of Tamarind Road and Seasage Drive. 8.F. APPROVE AND ACCEPT A TEMPORARY CONSTRUCTION EASEMENT: Approve and accept a temporary construction easement for construction of a brick paver public plaza at the S.W. corner of Martin Luther King, Jr. Drive and N.W. 5th Avenue. 8.G. ACQUISITION AGREEMENT WITH ACS GOVERNMENT SERVICES, INC./ FIREHOUSE SOFTWARE: Approve an acquisition agreement with ACS Government Services, Inc. for Firehouse Software. 8.H. SPECIAL EVENT REQUEST/43rd ANNUAL SAINT PATRICK'S DAY PARADE AND PARTY: Approve a special event request for the 43rd Annual St. Patrick's Day Parade and Party on Saturday, March 12, 2011, beginning with setup at 11:00 a.m., parade starting at 2:00 p.m. and ending at approximately 4:00 p.m., and an event at Old School Square from 11:00 a.m. to 7:00 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for the use of Atlantic Avenue from Andrews Avenue to NW 2 12/07/10 1st Avenue for the parade, Atlantic Avenue from Andrews Avenue to the bridge with overflow on East Drive to Lowry Street and Gleason Street for staging of parade entries, and NE 1st Avenue from Atlantic Avenue to the east/west alley; and to approve staff support for traffic control and security, barricading, EMS assistance, use of half of the small stage and to allow event signage to be put up fourteen (14) days prior to the event; contingent upon receipt of the required Certificate of Liability Insurance and Alcohol Liability Insurance by March 2, 2011. 8.I. SPECIAL EVENT REQUEST/49th ANNUAL DELRAY AFFAIR: Approve a special event request from the Chamber of Commerce to endorse the 49th Annual Delray Affair to be held on April 15-17, 2011, to grant a temporary use permit per LDR's Section 2.4.6 (F) for use of City property and rights-of--way as requested, to allow all vendor permits to be assigned and approved by the Chamber of Commerce, to allow this to be the only event held on these dates in the City, to provide a waiver of parking time restrictions in the downtown area during the event, and to provide staff support as requested; contingent upon the conditions of approval listed in the staff report. 8_J. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period November 15, 2010 through December 3, 2010. 8.K AWARD OF BIDS AND CONTRACTS: 1. Contract award to MWI Corporation in the amount of $16,237.00 for the rebuild of storm water pump #2 at the Atlantic Avenue Storm Water Pump Station. Funding is available from 448-5461- 538-68.18 (Storm Water Utility Fund: Other Improvement/Storm Water Pump Station Rehab). 2. Purchase award to Springfield Armory in the amount of $28,630.36 to purchase twenty-two (22) Springfield TRP .45 ACP caliber handguns. Funding is available from 112-2172-521-64.90 (Law Enforcement Trust Fund FD: Machinery/Equipment/Other Machinery/Equipment). Mr. Eliopoulos moved to approve the Consent Agenda, 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. 9. REGULAR AGENDA: 9.A. CONDITIONAL USE REQUEST/TOTTERDALE TOWING SERVICES: Consider approval to allow the establishment of a towing service with an 3 12/07/10 outside storage facility for Totterdale Towing Services, located at 101 N.W. 18th Avenue (Northeast corner of N.W. 18th Avenue and Marty Fladell Dr. [N.W. 1st Street]). (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item. 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. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2010-234 into the record. Mr. Dorling stated this is a conditional use request to establish a towing service with an outside storage on a vacant parcel at the N.E. corner of N.W. 18m Avenue and Marty Fladell Drive. Mr. Dorling stated this is a former site of an automobile slavage/junk yard called Genco Auto Salvage (a non-conforming use). This is a 2.65 acre site and the non-conforming use vacated the site prior to February 2009. There has been some ongoing environmental cleanup which has been imposed by Florida Department of Environmental Protection (FDEP) as a result of that previous use and that is being finalized at this time. The site was temporarily used by the adjacent roofing company also for overflow parking since February 2009. The new applicant who has been diligent in doing the clean up after he purchased the site now wishes to establish towing service with that outside storage component. At its meeting of November 15, 2010, this proposal went before the Planning and Zoning Board and was recommended for approval with a 4 to 0 vote subject to some conditions and those conditions include: (1) that a specific site plan to be submitted, landscape plan and some site upgrades as well as some architectural elevation improvements to the existing building." Mr. Dorling stated to assure that this use does not mimic the prior non-conforming junk yard use, there are three (3) conditions that are in the staff report that have also been added. Those are: "that the site shall not exceed 200 stored vehicles at any one time" and "that all vehicles shall be parked in a conventional manner and not be stacked" and "that no vehicles shall be stored on site for longer than 90 days except as required by law for vehicles being stored longer than 90 days." He stated those three components will assure that it remains a towing service and not a junk yard service. Also, Mr. Dorling stated one of the conditions in the Planning and Zoning staff report is "that there be no sale of parts to the public on the site." Mr. Dorling stated the conditions also listed in the Planning and Zoning staff report include a Hold Harmless Agreement for landscaping to be placed in the public right-of--way along Marty Fladell Drive and N.W. 18m Avenue. Staff recommends approval at this time subject to the conditions listed on page nine (9) of the Planning and Zoning staff report. 4 12/07/10 The applicant was not present. 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 conditional use request, to please come forward at this time. There being no one from the public who wished to address the Commission regarding the conditional use 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). Mr. Eliopoulos moved to adopt the Board Order (approving the conditional use request), 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. 9.B. SPECIAL EVENT REQUEST/CARNEVALE OF DELRAY BEACH: Consider a special event request from Joe LaViola, a private promoter, for a first time event, Carnevale of Delray Beach, an Italian Festival, proposed to be held on the grounds of Old School Square and Old School Square Park on March 25-26, 2011 from noon to 11:00 p.m., and March 27, 2011 from noon to 10:00 p.m.; and to approve staff support for security, trash removal, cleanup assistance, trash boxes, EMS assistance and allow event signage to be put up fourteen (14) days prior to the event; contingent upon conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this item is for the Commission to consider approval of a first time event which is proposed to be held on the grounds of Old School Square in the Old School Square Park on March 25-26, 2011 from noon to 11:00 p.m., and March 27, 2011 from noon to 10:00 p.m. The event sponsor is Mr. Joe LaViola, a private promoter, who is also requesting staff assistance for security, trash removal, cleanup assistance, trash boxes and event signage. Mr. Barcinski stated although the event sponsor did not request EMS assistance, staff feels because of the size of the crowd, that EMS assistance is needed on-site as well as an inspector for the food. In addition, staff recommends the following conditions: (1) Receipt of a signed rental agreement with Old School Square by December 31, 2010, (2) Receipt of a signed rental agreement for Old School Square Park by December 31, 2010, (3) Receipt of a non- refundable security deposit in the amount of $2,000.00 by December 31, 2010 since this a new event and the security deposit to be applied to the final bill, (4) Receipt of the Certificate of Event Liability Insurance, Alcohol Liability Insurance and Hold Harmless Agreement by March 4, 2011, and (5) Approval of private security plan by our Police Department. Mr. Barcinski stated the estimated overtime costs for this event are $14,800, trash boxes $245 and signage $250 for a total estimated cost of $15,295. 5 12/07/10 Mrs. Gray moved to approve the Special Event request for Carnevale of Delray Beach subject to the conditions as stated by Mr. Barcinski, 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.C. CONSULTING SERVICE AUTHORIZATION/CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of a Consulting Service Authorization with Currie Sowards Aguila Architects in the amount of $25,250.00 for professional design services for the first phase of rehabilitation of the Pompey Park Concession Stand Building. Funding is available from 334-4127-572-62.10 (General Construction Fund: Buildings). Richard Hasko, Director of Environmental Services, stated this item is for consideration of a proposal from Currie Sowards Aguila Architects for the preparation of construction documents, acquisition of permits and construction administration for a first phase of the renovation/rehabilitation for the concession press box building at Pompey Park. Mr. Hasko stated the original project was a rehab of the entire facility and there was a budget established of a little over $218,000 in the CIP (Capital Improvement Program) this year. He stated as the programming of the building proceeded and as far as the rehab the parameters were modified to come more in line with the usage of the building, the cost of that rehab increased. Mr. Eliopoulos stated he is good with the fee and likes the design. With regard to the design, Mr. Eliopoulos stated he realizes that the elevator and stairs is Phase H; however, if the architect does the extension on the upstairs storage that they have an opportunity to extend the new press box and bring it underneath the tower so that there is a covered area for the elevator. Jose Aguila, Architect with Currie Sowards Aguila Architects, 134 N.E. 1st Avenue, Delray Beach, FL 33444, distributed the existing plans of what was built. Mr. Eliopoulos stated Mr. Aguila may want to reconsider where the entrances are to these bathrooms. Mr. Eliopoulos stated it is not exactly the best situation when you are in a bathroom and you have to go back further into the bathroom to wash your hands when you are leaving. Mr. Eliopoulos confirmed that this is a concrete roof and stated during Phase I when redoing the bathrooms have their engineer take consideration into Phase H so that should Phase H happen with the upstairs, the existing deck can handle the load so it would not affect anything in Phase I which would be the bathrooms downstairs. Mr. Hasko stated this is how staff typically handles the contracts and payments with all the consultants because the contracts are all generic in terms of those payment schedules whether it is an architectural project like this or whether it is an 6 12/07/10 underground pipeline infrastructure project assuming that the timeframe is more than 30 days for completion. Mrs. Gray stated earlier today she asked Linda Karch to call the Community Redevelopment Agency (CRA) with possibly adding funds to this project and requested that she share with everyone what was said on that call. Linda Karch, Director of Parks and Recreation, stated she spoke to Diane Colonna from the CRA who informed her that in their plan they have $200,000.00 budgeted for parks in the Southwest neighborhood. Mrs. Karch stated it would have to be approved by their Board; they could have a plan amendment and a budget amendment to transfer that money to put towards the Northwest Neighborhood Park which would be Pompey Park. Mrs. Karch stated Ms. Colonna stated in order for something like that to occur, it would have to come from the Commission as direction. Mrs. Gray stated she would like the Commission to consider and give direction to Mrs. Karch so that she can go back and talk to the CRA about it. It was the consensus of the City Commission to direct Mrs. Karch to go back and talk to the CRA about it. Mrs. Gray asked when this project with start and end. Mrs. Karch stated she spoke to Mr. Hasko and since the season is from March-June they figured after the baseball season would be the best time to begin this project (June/July). Mayor McDuffie stated staff would actually be budgeting for Phase II while this is being built. Mrs. Gray asked if staff would be able to come up with the $60,000.00 that would be needed to complete the project. The City Manager stated staff will need to work on that to see if there is something else they can move around to free up some money. Mr. Hasko stated staff recommends that the Commission approve this first phase so that Mr. Aguila can work on it knowing that we have the funding to fill that and staff will immediately start to work with the CRA to see if they will provide the supplemental funding. Mr. Frankel asked how the price increased from $218,500.00 to $442,000.00. Mr. Hasko stated the initial planning effort on this started in August and staff was well into the CIP process at that time and believes the $218,500.00 was predicated on a basic number that would handle basic rehabilitation of the restrooms and kitchen are, etc. Mr. Hasko stated as discussions proceeded about the programming and what would be beneficial to address the press box in terms of its enlargement to get the ability to handle meetings that started to come together. Mr. Eliopoulos asked if the meeting space is necessary when Pompey Park is right there and stated we could tailor the scope down in order to not have to worry about $60,000.00. Mrs. Gray stated the parents meet at Pompey Park and sometimes the 7 12/07/10 meeting areas in Pompey Park have been filled on the same nights. Mrs. Karch stated the parents actually wanted a larger room upstairs. Mrs. Gray moved to approve the Consulting Service Authorization with Currie Sowards Aguila Architects and that the contractor work with staff in order to develop a more specific scope of work for Phase I, seconded by Mr. Eliopoulos. 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. 9.D. APPOINTMENT TO THE EDUCATION BOARD: Appoint one (1) regular member to the Education Board to serve 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 Myra Leavy Bazemore as a regular member to the Education Board to serve an unexpired term ending July 31, 2011, 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. 9.E. 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 upon the rotation system, the 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 December 14, 2010. 10. PUBLIC HEARINGS: A. None 11.A. City Manager's response to prior public comments and inquiries. None. 11.B. From the Public. None. At this point, the time being6:35 p.m., the Commission moved to Item 12, First Readings. 8 12/07/10 12. FIRST READINGS: 12.A. ORDINANCE NO. 44-10: An ordinance amending Chapter 112 "Alarm Systems", of the Code of Ordinances. If passed, a public hearing will be held on January 4, 2011. The caption of Ordinance No. 44-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 112.03, "DEFINITIONS", AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 112.04, "PROHIBITION", TO PROVIDE AN ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFERABLE" IN ITS ENTIRETY; BY AMENDING SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION", TO PROVIDE INCREASED FINE AMOUNTS AND TO REQUIRE THAT APARTMENT COMPLEX OWNERS/PROPERTY MANAGERS MUST OBTAIN ALARM PERMITS FOR EACH UNIT AND RENUMBERING; ENACTING A NEW SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL", TO PROVIDE FOR ANNUAL RENEWALS; REPEALING SECTION 112.22, "DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO PREMISES, RENDER ASSISTANCE" IN ITS ENTIRETY AND ENACTING A NEW SECTION 112.22, "MONITORING REQUIRED", TO PROVIDE MONITORING REQUIREMENTS; AMENDING SECTION 112.23, "ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED" TO PROVIDE ADDITIONAL CRITERIA FOR DENIAL OF ALARM PERMITS; AMENDING SECTIONS 112.26, "VERIFICATION OF ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTNE ACTION", AND 112.27, "MULTIPLE ALARM MAL- 9 12/07/10 FUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NUISANCE; FEE CHARGES", TO PROVIDE GRADUATED FINES AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE ALARMS, OVERDUE FEES AND FAILURE TO REGISTER; REPEALING SECTION 112.29, "APPEAL", AND ENACTING A NEW SECTION 112.29, "APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS"; TO PROVIDE FOR LIMITED RESPONSE AND APPEAL OF SAME; REPEALING SECTIONS 112.30, "RESERVED", 112.31, "RESERVED", AND 112.32, "NEWLY INSTALLED ALARM SYSTEMS" IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 44-10 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Lula Butler, Director of Community Improvement, commended staff from Police, Fire, Finance, and Community Improvement for working on this ordinance. Mrs. Butler stated staff proposes a $25.00 registration fee and an annual renewal fee of $30.00. Mr. Fetzer stated he is in favor of this in concept and noted the big change in his mind is that we are going to be asking for an annual renewal fee which we have never done before and asked how staff is going to get the word out on that. Mrs. Butler stated the renewal process will start in April and notices will start to go out in February and then staff does a follow up. She stated the first year staff gives a grace period and will give 60 days to renew and honor it up to 90 days. Mr. Fetzer asked if someone has a registered alarm with the City now and they do not re-register, what happens when there is a call. Mrs. Butler stated is someone does not re-register and their information is not up-to-date they could end up being on limited response if they do not pay the required fines; if someone has an existing alarm system they do not have to re-register they would just pay the annual renewal fee. Mr. Fetzer asked if someone does not do the renewal what happens if there is a call. Mr. Fetzer stated if someone does not do the annual renewal what happens if there is a call. Mrs. Butler stated the Police will respond but if there is a false alarm you get the first three at no extra penalty but the fourth false alarm there is a $100.00 fee and if this is not paid then one is subject to limited response. 10 12/07/10 The City Manager stated limited response requires verification that there is something really going on from the homeowner or the alarm company. Mrs. Butler stated there will be a Police Officer present at the second reading of this ordinance (Tuesday, January 4, 2011) to give further explanation of the fees for false alarms. Mayor McDuffie stated three false alarms to someone who is registered and legal or three false alarms to someone who is not registered or are we charging the registered person who has complied with our regulations the same amount of money for three false alarms that we are charging someone who is not registered at all. Mrs. Butler stated it starts off with someone who is not registered; if someone is not registered then the City has their information and generally there is a contact person that staff can reach. Mrs. Butler stated false alarms are generally attributed to people who have not registered and the Police cannot contact anyone and they keep showing up at the house. Mrs. Gray asked if this applies to businesses as well. Mrs. Butler stated this applies to businesses as well. Mr. Eliopoulos moved to approve Ordinance No. 44-10 on FIRST Reading, seconded by Mrs. Gray. 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. 12.B. ORDINANCE NO. 45-10: Consider approval to amend Chapter 39, Section 39.01, "Service Charge for Returned Checks", to make this section consistent with Florida Statutes Section 166.251, "Service Fee for Dishonored Check". If passed a public hearing will be held on January 4, 2011. The caption of Ordinance No. 45-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES BY AMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS", TO MAKE THIS SECTION CONSISTENT WITH FLORIDA STATUTES SECTION 166.251, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 45-10 is on file in the City Clerk's 11 12/07/10 The City Attorney read the caption of the ordinance. The City Attorney stated the language in the Statute is much broader than what the language is in the ordinance and currently the City only addresses "returned checks" whereas staff has broadened the language to comply with State Statute to provide for other forms of payment other than checks such as credit cards, etc. The City Attorney stated when that has been dishonored then this would allow the City to have a charge for that. Mr. Frankel moved to approve Ordinance No. 45-10 on FIRST Reading, 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. At this point, the time being 6:47 p.m., the City Manager stated in response to an earlier question on how someone gets limited responses is outlined on page 10, Section 112.28(B)(1), (2), and (3) of the ordinance: "The alarm system may be placed on limited response for any one of the following occurrences: (1) Alarm systems with six (6) or more false alarms, and corrective action prescribed by the Alarm Coordinator has not been completed; or (2) The alarm user has response fees which are overdue for sixty (60) or more calendar days; or (3) the alarm system is unregistered and the applicant has not registered or obtained a permit within thirty (30) calendar days after notification. The City Manager also referred to Section 112.28(C) which states: "Prior to being placed on limited response, except for an unregistered system, the alarm user shall be notified in writing with the date specific as to when the alarm system shall be placed on limited response. The Alarm Coordinator shall send out notice by certified mail to the alarm user. Any unregistered system shall be automatically placed on limited response, if the applicant has not registered within thirty (30) calendar days of notification, until such time that the alarm system is registered with the City." Mr. Fetzer stated he feels that needs to be part of our informing the public on what this is all about. He stated he is not sure if he would have a high priority of re- registering his alarm unless he knew what the consequences were. At this point, the time being 6:50 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, the City Attorney, and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager With regard to a comment expressed by Commissioner Eliopoulos at the November 16, 2010 City Commission meeting, regarding restaurants, bars, and the regulations for those, the City Manager stated Community Improvement is working with the Police Department and they are conducting an investigation of the downtown area that will take approximately two weeks to complete and they will also work with the 12 12/07/10 Bureau of Alcohol, Tobacco, and Firearms (ATF) during this investigation. The City Manager stated staff will give the Commission a report the first week of January after they finish their analysis. Secondly, the City Manager asked Mr. Dorling to give a report about his meeting with the Segway representative today. Mr. Dorling stated he and Mrs. Butler met with him and he is processing an LDR amendment that will propose to accommodate Segway Tours and that tour operation is different from sale and rental of Segway's or mopeds. Mr. Dorling stated that would add that as a use within the CBD (Central Business District) and modify the special regulations section of the LDRs to say that in doing so things like the potential routes need to be reviewed by the City as part of that process and there be restriction with respect to the number of tours that can be offered and the number of people that can be within it. Mr. Dorling stated he is really modifying his to be very specific which is a little different from the overall issue of rental and sales of segways and mopeds. Mr. Dorling stated staff is meeting with the representative and their attorney for the electrical experience across from the Seagate tomorrow and they will be discussing the general category of sale and rental. Mr. Fetzer asked what the process is as far as this going before any other boards. Mr. Dorling stated this would go to the Planning and Zoning Board for their recommendation then it would come before the City Commission. Mr. Fetzer asked if the Commission approves this is it for that one specific location or does this change the LDR totally. Mr. Dorling stated staff s desire would be that it would apply to more than one user. Therefore, Mr. Dorling stated staff will try to generalize it for the general category of anybody offering tours. Mr. Fetzer stated there is a big push from some businesses to have electric scooters which are not segways but are electric vehicles and asked if staff is recommending a separate text amendment. Mr. Dorling stated he is not aware that these people are interested in providing supervised tours; if they are interested in doing that it could be included under that category. Mr. Dorling stated if they are interested in renting or selling these vehicles then that is a different category which staff will address with the user tomorrow. Mr. Fetzer stated there is one other electric scooter business that has approached him that has wanted to follow the rules and not put banners up and open a business up without the proper occupational licenses and would like to make sure that they are receiving equal treatment and cooperation from the city under this process. Mr. Dorling stated staff is advising all such users that we are going through this process and they will be treated similarly. Mr. Dorling stated there are two specific arguments about the sale of the vehicles and whether these are in fact vehicles and whether they should or should not be allowed in the CBD which is a different use than the rental of them. The LDRs is specific now in the CBD and deals with rental of sporting equipment and bicycles but that rental excludes motorized vehicles so it is not allowed and to allow any rental of those sorts of vehicles would have to be added as a specific item. Mr. Dorling stated with the non-motorized bicycle sales and sporting good sales there are several special regulations including a separation between the uses to make sure that we do not get a whole conglomeration of them in one portion of the city and there would be similar recommendations going forward if this use is accepted he 13 12/07/10 would put that forth as staff's recommendation. Mr. Fetzer stated he wants to make sure that we are consistent in dealing with all these individual businesses. Mrs. Gray asked where they would actually be riding a segway. Mr. Dorling stated in discussions with the representative today he acknowledges that he has no desire and we have no desire to have that sort of use going up and down Atlantic Avenue. Mr. Dorling stated he is now interested in running tours in the Lake Ida neighborhood and some of the areas east of the bridge. Mr. Dorling stated he has acknowledged and agrees that this sort of activity is not appropriate on Atlantic Avenue and this would also be part of those special regulations that staff tweaked with him this afternoon. Mayor McDuffie asked if the segways are street legal. The City Attorney stated they are allowed on certain roads because there is a specific section of the Statute that if it is under 25 mph they can go in bicycle lanes and on a street; they can go on sidewalks if they yield to pedestrian traffic. Mrs. Gray asked if people are going to be trained first on how to ride a segway. Mr. Dorling stated this tour operator does not have any interest in letting a layman come in and rent a segway and go off on his own; he would do supervised tours and part of that tour package is orientation on proper operation of the vehicle and he does that before each one of these tours. Mr. Fetzer stated we need to have some understanding with the Chamber before we have a Grand Opening that there is an approved business there. He stated he would like some kind of communication between the City and the Chamber to agree to that. The City Manager stated that issue has already been discussed by the Chamber Board and going forward they are going to be sure that the business is legitimate before they have a Grand Opening. 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 complimented City staff on the latest Hometown Connection issue and thought it was a very concise summary of the City's budget. 14 12/07/10 13.C.2. Mr. Eliopoulos Mr. Eliopoulos stated Cason Methodist Church owns some homes in Lake Ida and it appears that they are feeding the homeless and the homeless are going over to Cornell Park and going back and forth to a house. Mr. Eliopoulos stated he understands it is cold but he does not think the intent is to have food being distributed in private neighborhoods. Secondly, Mr. Eliopoulos stated this past week was the Grand Opening for Deck 84 and it was great. Mr. Eliopoulos commented about the downtown signage and stated Tony's sandwich sign is an A-frame type signage with boars head on it. Mr. Eliopoulos stated Tony's feels like they are competing against Subway. The City Manager stated the conclusion so far is that they are not violating any of the regulations so long as they do not obstruct the sidewalk. The City Attorney stated a lot of this will be on a case-by-case basis. Mr. Eliopoulos stated Sazio's actually has their signage shining on a building and he likes this for creativity but asked if staff could look into this to see if this is allowed. Mr. Eliopoulos stated he and Commissioner Gray were at Old School Square this week for the Levitt Pavilions and it is about an organization that comes to town and if it can be worked out with the City they help build a pavilion. He stated they must have 50 free concerts a year; ten of the concerts are catered toward children. Mr. Eliopoulos stated this is something for the City to consider. Mr. Eliopoulos commented about the tree lighting and the Menorah lighting last week. He also stated Project Holiday went great and as something to consider for next year, it appears Delores Rangel could use the whole gymnasium for the event at the Community Center because you had to go into other rooms to circulate the boxes. Mr. Eliopoulos asked the Commission to consider opening up the gym for that day for Project Holiday. The City Manager stated a church has it rented for now. Mr. Frankel stated it got a little better in the later afternoon and then Project Holiday had the entire gym. Mr. Eliopoulos stated Thanksgiving at Pompey Park was a great event. Mr. Eliopoulos asked about the money from the Turkey Trot and stated in the future should this event keep going on, he believes that event should acknowledge the City and the Parks and Recreation Department for what they do. Mr. Eliopoulos stated they did not give out the money during the presentation. The City Manager stated there is an issue and Linda Karch raised the question do we want to continue working with the Keith Straghn Foundation or deal with someone else like the Caring Kitchen because the Foundation were supposed to help provide staff for the Turkey Trot and that did not happen and then they misinformed the City about when to have the check clear. The City Manager stated there were some problems this year. Mr. Eliopoulos stated in the past the 15 12/07/10 City has had staff there and were always part of the entire presentation and he would like to see it go back to that. Mr. Eliopoulos apologized for not being present at the Special Meeting on Tuesday, November 30, 2010 and stated he made a previous commitment to speak at an HOA meeting at Chuck Halberg's house and talk about politics in general of where the City is going and how the future is going to be especially with the economy. Lastly, Mr. Eliopoulos announced that he will not be running for re- election in March 2011. 13.C.3. Mrs. Gray Mrs. Gray commented about the Levitt Pavilion and stated it was a great presentation. Mrs. Gray stated she would like to see how the City can move forward and be partners and she feels the 50 free extra concerts is wonderful. She stated with having staff on the Board she does not feel this will be a big issue because they will work around what we have planned. Secondly, Mrs. Gray stated she attended the Village Academy Career Day and the youth were very inquisitive and had lots of questions. She stated she played both business owner and Deputy Vice Mayor and this was very exciting. Mrs. Gray stated last Friday at Atlantic Community High School Shaq O'Neal's mom was there. Mrs. Gray stated Ms. O'Neal wrote a book and she was inspiring the kids with her book. She stated on 5th Avenue the wreaths are not lit and asked if someone can check these lights. Mr. Barcinski stated staff will have to contact the installer to check out the lights because those were contracted by the DDA. Mrs. Gray reminded everyone that on Thursday, December 9, 2010, there is a Minority Contractor/Vendors Workshop at 6:00 p.m. 13.C.4. Mr. Frankel Mr. Frankel complimented and recognized Mr. Robert Barcinski and staff for their efforts with the Menorah Celebration last week. Mr. Frankel also recognized Dr. Andre Fladell for the donation of the Menorah and others who participated in the planning of the program such as former Mayor Jeff Perlman as well as Greg Weiss and Nick Sadowsky who helped him on the second day. Mr. Frankel commented about the Holiday Celebration held on Thursday, December 2, 2010, in coordination with Jazz on the Avenue and he commended Sarah Martin and the volunteers for putting on an amazing program. 16 12/07/10 13.C.5. Mayor McDuffie Mayor McDuffie stated Deck 84 is an incredible addition to Atlantic Avenue and what they have done with this restaurant is magnificent. Secondly, Mayor McDuffie stated the Menorah and the Christmas tree lightings were great. He stated the Holiday Celebration was a tremendously run event and was well attended. Mayor McDuffie stated he will play tomorrow night at the Chamber Holiday Party at Crane's Beach House in Delray Beach. Mayor McDuffie stated some people came to him a while ago with an idea and he has had the opportunity to meet with them and the staff of Old School Square and they want to have an event in Old School Square called "Delray Has Talent". Mayor McDuffie stated the date chosen for the event is March 10, 2011 and they want all the money that they raise to go to the City and for it to be dedicated to the Beach Master Plan. He stated right now they have some good ideas of how they are going to raise $30,000.00 in this event. The City Clerk noted that on March 10, 2011 the Commission will have a Special Election where they will have to certify the election results which is normally held at 6:00 p.m.; however, she can see if this can be held earlier if need be. Lastly, Mayor McDuffie gave a special thanks to CBS Channel 12 Susan Boyd for the use of the helicopter for Santa and for the great coverage of the Holiday Celebration. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:23 p.m. City Clerk ATTEST: MAYOR 17 12/07/10 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 December 7, 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. 18 12/07/10 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR TOTTERDALE TOWING SERVICE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has came before the City Commission on December 7, 2x10. The conditional use request is to establish a Towing Service at 101 NW 18~'' Avenue with outside storage within the MIC (Mixed Industrial Commercial District). 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Totterdale Towing Service. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN A. Future Land Use Map: 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 establish the Totterdale Towing Service with outside storage facility. Pursuant to LDR Section 4.4.19{D}{2}(f}, within the MIC zone district towing services, with outside storage is listed as a conditional use in the MIC district. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. Are the requirements of the Future Land Use Map rnet? Yes ~ No B. Cancurre~cy: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? 1 City Commission Meeting on December 7, 2010 Yes / No G. Consistency: A Ending of overall consistency must be made with regard to the fallowing: 1. Future land Use Obiective 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. 2. Future land Use Element - Policy A.2.3. Development of remaining vacant properties shall occur in a manner which is consistent with and complementary to adjacent development regardless of zoning designations. This policy shat[ be impkemented through the review process associated with platting and site plans. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identifed points of conflict? Yes / Na Ik. LDR REQUIREMENTS A. Section 2.4.5{EiI(51 requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Winder development or redevelopment of nearby properties. Will Section Z.4.5(E~(5j be met? Yes / No B. Pursuant to Section 4.4.19(D}(2}(~, towing services is allowed as a conditional use in the MIC Zoning District subject to the following requirements: LDR Section 4.6.9 Parkin Pursuant to Section 4.~i.9(C}(5}(a}, general industrial uses shall provide parking at the rate of 3 spaces per 1,400 sq. ft. of gross floor area devoted to such uses. In addition, one (1} space shall be provided for each 1,000 sq. ft. of 2 City Commission Meeting on December 7, 2010 grass floor area devoted to inside storage and warehouse use. No floor area is proposed for storage and warehouse use, and thus, the required parking for the subject property is 14 parking spaces (4,716 x 31'1,000 = 14.9 and 23 spaces are being provided. Has this requirement been met? Yes / No 2. Handica Accessible Parking: Pursuant to i_DR Section A~.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. The Florida Accessibility Cade for Building Construction and Federal ADA requires 1 ADA compliant space per 25 spaces up to the first 100 spaces plus an additional space per each a0 spaces up to 200. The existing development currently provides 23 regular perking spaces with 1 handicap parking space. Has this requirement been met? Yes / No 3. L1JR Section 4.3.4(Kl _ Development Standards Matrix: Building Setbacks {min.): Front (South) 25' S8' Rear (East) 10' 10' Side street (West} 25' 2110' Sicle interior(North) 10' 215' Building ~-le~t•. 35' 1~l/A Onen Space: 25°/a 2G.09% Have these requirements been met? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 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 3 City Commission Meeting on December 7, 2090 in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the conditional use application subject to the conditigns attached hereto in Exhibit "A" and hereby adopts this Order this 7th day of December 2D10, ~ a vote of 5 in favor and 0 opposed. ATTEST: 1 Chevelle Nubin City Glerk, Nelson S. McQuffie, 4 City Commission Meeting on December 7, 2D10 e F EXHIBIT "A" Conditions Related to Totterdale Towing Conditional Use 1. That a site pion modification be processed to accommodate all LDR conditions identified in this report. These include but are not limited to: ^ Parking lot details including but not limited to appropriate landscape islands, required wheel stops, and dimension of parking spaces, drive aisles, dead end turnaround areas, etc. = Provision of a landscape plan; = Provision of required open space and submittal of a sketch showing all areas so delineated; ^ Dumpster details; ^ internal sidewalk connections; ^ Provision of external sidewalks or the granting of appropriate relief; ^ Provision of total capacity of industrial storage areas based on 9'x'18' dimensions; ^ Dedication of right-~of way for NW 1St Street and NW 18tH Avenue 2. That the use be subject to the following parameters: ^ That the site shall not exceed 200 stored vehicles at any one time; ^ That all vehicles shall be parked in a conventional manner and not be stacked; ^ No vehicles shall be stored on site for longer than 90 days except as required by law far vehicles stored longer than 90 days (this will exclude vehicles necessary to run the business); ^ That there shall be no sale or harvesting of parts to or by the general public; 3. That the existing office building associated with the towing service receive Site Plan Review and Appearance Board 4SPRAB} approval with regard to architectural elevations. 4. That a Hoid Harmless agreement shall be required if any landscape material is planted on the public right-af--way along NW 1s Street and NW 18~' Avenue. The Hold Harmless agreement must be signed with the City of Delray Beach before Site Plan certification. 5. The removal of the reference to a (20,000) future building as no details or review fnr compliance has been undertaken as part of this review. City Commission Meeting on December 7, 201 Q DECEMBER 14, 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, December 14, 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 Father Ridore with St. Vincent Ferrer Catholic Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel requested that Item 8.G., Special Event Request/2"d Annual Chillounge Night, of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Eliopoulos requested that Item 8.J.D., Review of Appealable Land Development Board Actions (Class V Site Plan, Landscape Plan and Architectural Elevation Plan for Bandera Holdings Office), of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A. and Item 8.K1., Contract Award to Chaz Equipment Company, Inc. of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A.A.A. Mr. Eliopoulos moved to approve the Agenda as amended, seconded by Mr. Frankel. 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. 12/14/10 5. APPROVAL OF MINUTES: Mrs. Gray moved to approve the Minutes of the Special Meeting of November 30, 2010, 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. 6. PROCLAMATIONS: 6.A. Calling for the First Non-Partisan Election to be held on March 8, 2011 Mayor McDuffie read and presented a proclamation hereby calling for the First Non-Partisan Election to be held on Tuesday, March 8, 2011 to Chevelle D. Nubin, City Clerk. 7. PRESENTATIONS: 7.A. Accreditation Award for the Parks and Recreation Department Linda Karch, Director of Parks and Recreation, stated the City of Delray Beach Parks and Recreation Department received their 10 year Accreditation Award by the Commission for Accreditation of Park and Recreation Agencies (CAPRA). Mrs. Karch stated the City of Delray Beach Parks and Recreation Department received their national re-accreditation from CAPRA on October 27, 2010 in Minneapolis, Minnesota. She stated accreditation is a valuable measure of an agency's overall quality of operation, management, and service to the community. Accreditation is based on an agency's compliance with 144 standards for national accreditation. These standards are deemed essential to the quality of services delivered and the professionalism of its operational system. Mrs. Karch stated Delray Beach is one of 97 agencies nationwide who have achieved this national recognition. To be re-accredited, which occurs every 5 years, a detailed self-assessment was completed, followed by a 4 day visit and peer review by a team of experienced professionals in the field of parks and recreation. A final review was conducted by appointed representatives from CAPRA. Mrs. Karch stated the Parks and Recreation Department is proud to have achieved this distinguished honor through their hard work and professional development. Mrs. Karch gave special recognition to Alberta Gaum, Acting Recreation Superintendent, who provided great leadership on this department-wide team effort and who played hostess to the team that came in from Colorado, Texas and Ohio to go over every standard and worked tireless number of hours to help obtain this very distinguished award. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONTRACT CLOSEOUT (FINAL PAYMENT)/RSI OF FLORIDA, INC.: Approve a Contract Closeout (Final Payment) in the amount of $6,329.00 to RSI of Florida, Inc. for completion of the WTP Administrative Building Re-Roof. Funding is available from 442-5178-536-62.10 (W & S Renewal & Replacement Project: Buildings). 2 12/14/10 8.B. CONTRACT CLOSEOUT (CHANGE ORDER NO. 4; FINAL) H.A. CONTRACTING, CORP.: Approve a Contract Closeout (C.O. No. 4; Final) in the amount of a $10,000.00 decrease and final payment in the amount of $51,964.60 to H.A. Contracting Corp., for completion of the Old School Square Window Hardening. Funding is available from 334-4151-572-46.08 (General Construction Fund: Repair & Maintenance Services/OSS Window Replacement). 8.C. HOUSING REHABILITATION BID AWARDS FOR NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Award two (2) NSP Housing Rehabilitation projects through the Community Development Division to CJ Contracting, LLC. in the amount of $88,200.00 for the following projects: 5175 N.W. 6th Street and 530 N.W. 47th Avenue. Funding is available from 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). 8.D. TRI-PARTY AGREEMENT FOR THE TED CENTER: Approve a Tri-Party Agreement between the Community Redevelopment Agency (CRA), City of Delray Beach and TED Center in the amount of $7,500.00 through the Community Development Block Grant (CDBG) program for FY 2010-2011. Funding is available from 118-1966-554-83.01 (Neighborhood Services: Other Grants and Aids). 8.E. ACCEPTANCE OF A RIGHT-OF-WAY DEED/46 S.W. 9TH AVENUE: Approve and accept a right-of--way deed from the Community Redevelopment Agency providing fora 2-foot dedication of right-of--way for the alley parallel to S.W. 9th Avenue at 46 S.W. 9th Avenue. 8.F. VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES AGREEMENT: Approve a Vote Processing Equipment Use and Election Services Agreement between the Palm Beach County Supervisor of Elections and the City for conducting municipal elections. 8.G. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.H. SPECIAL EVENT REQUEST/SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Florida Table Magazine and supported by the Downtown Development Authority, to be held on March 24, 2011 from 5:30 p.m. to 8:30 p.m.; to grant a temporary use permit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E./S.E. 5th Avenue from 2 p.m. until 10:00 p.m.; and to authorize staff support for security, barricading, use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 10, 2011. 8.I. CONSULTING AGREEMENT/LANGTON ASSOCIATES, INC.: Approve a Consulting Agreement with Langton Associates, Inc. for grant consulting services. Funding is available in 001-1111-511-34.90 (Operating Expenses-Misc/Other Contractual Service). 3 12/14/10 8_J. THIS ITEM WAS MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A. 8.K AWARD OF BIDS AND CONTRACTS: 1. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A.A.A. 2. Purchase award to Action Target in the amount of $53,293.00 for modifications to the firing range which will replace the backstop and upgrade areas demonstrating wear. Funding is available from 334-2111-521-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs) and 115- 2112-521-49.90 (Special Projects Fund: Other Current Charges). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. At this point, Mayor McDuffie stated some of the Commission may not have received a revised Agenda and announced that Item 10.A. is not Quasi-Judicial. 9. REGULAR AGENDA: 9.A.A. SPECIAL EVENT REQUEST/2nd ANNUAL CHILLOUNGE NIGHT: Approve a special event request for the 2nd Annual Chillounge Night sponsored by Design O' Fresco Corporation proposed to be held on Saturday, February 5, 2011 from 6:00 p.m. to 11:00 p.m. on the Old School Square Park site, to grant a temporary use permit per LDR Section 2.4.6(F) for portions of N.E. 1st Avenue, to provide staff support for traffic control and security, EMS services, barricading, trash removal, event signage and a fireworks show; contingent upon the conditions of approval listed in the staff report. Commissioner Frankel stated this was a great event and well done; however, he heard that some people were not paid in a timely manner or they were not paid at all last year. The City Manager stated the City received a check in August 2010. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.G.), 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. 9.A.A.A. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS (ITEM 8.J.D.): Accept the actions and decisions made by the Land Development Boards for the period December 6, 2010 through December 10, 2010. 4 12/14/10 from the dais. Commissioner Eliopoulos declared a conflict of interest and stepped down Paul Dorling AICP, Director of Planning and Zoning, stated this is an office building that was approved on North Federal Highway south of the new street the City put in. Mr. Dorling stated it is an appealable item and was approved by the Site Plan Review and Appearance Board Mr. Frankel moved to approve Item 9.A.A.A. (formerly Item 8.J.D.), 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.A.A.A. Contract award to Chaz Equipment Company, Inc. in the amount of $29,310.00 for the rehabilitation of Building Lift Station #50's wet well. Funding is available from 442-5178-536-68.53 (W & S Renewal & Replacement Fund/Improvements Other/Wet Well Rehabilitation Building LS): Victor Majtenyi, Deputy Director of Public Utilities, stated this item is a contract award to Chaz Equipment in the amount of $29,310.00 for relocation of Lift Station #50 Upper Wet Well. Mr. Majtenyi stated the award is based on a solicitation through Sewpercoat (manufacturer). He stated there is an existing ten year warranty on the lift station and staff received prices from all the Sewpercoat applicators in the State of Florida and one from Georgia. Mr. Majtenyi stated staff has one response from Chaz Equipment. Mr. Eliopoulos commented about staff receiving only one response especially in this economy and asked if staff believes because it was a small contract for the mobilization or is it just speculation on that part. Mr. Majtenyi stated he can only speculate based on the fact that the other vendors were Tampa, around Gainesville, and the other one was Georgia that the contractor in Wellington probably had because mobilization had the edge on it. Mr. Eliopoulos stated on this contract it makes sense because you do not want to lose the warranty, etc. and asked how many parts are out there. Mr. Majtenyi stated the Sewpercoat is the preferred product that they have had it in the specification design standards but staff will go out to bid again and look at other alternatives as they come in. Mr. Eliopoulos moved to approve Item 8.K.1. (Item 9.A.A.A.A.), 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. 9.A. WAIVER REQUEST/338 N.E. 1sT AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.5.1(E)(9)(a), "Open Air Spaces", to allow an encroachment into the building height plane for 338 N.E. 1st Avenue. (Quasi-Judicial Hearing) 5 12/14/10 Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. 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. Mr. Frankel, Mrs. Gray, and Mayor McDuffie stated they had no ex parte communications to disclose. Mr. Eliopoulos stated he received an email from Stuart and Shelby asking if this was going to be on the Agenda. Mr. Fetzer had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-005 into the record. Mr. Dorling stated this item is an approval of a waiver to LDR Section 4.51(E)(9)(a) which allows encroachment into the front setback of an open air first and second floor front porch. The site is located at 338 N.E. 1st Avenue and is a vacant parcel and there will be a new structure to be proposed. Mr. Dorling stated the design guidelines within a historic district create a line referred to as a Building Height Plane (BHP) and allows this line at the ratio when you have open porch features otherwise the line forces the structure back from the front setback to mitigate the mass of the structure. Mr. Dorling reiterated that if it is open air porches it allows a closer encroachment to the front setback. He stated the waiver is for a small portion which is in the "no build zone" and is basically just the roof overhang of that open air porch. At its meeting of November 17, 2010, the Historic Preservation Board (HPB) considered this as part of a Certificate of Appropriateness (COA) and recommended approval of the COA and the waiver request. Mr. Dorling stated the required findings under LDR Section 2.4.7(B)(5) for the waiver are made in the staff report and this encroachment into the Building Height Plan (BHP) is minimal and primarily consists of the roof plane associated with the second story feature. Mr. Dorling stated it is noted that this encroachment is minor and that there are additional historic properties along the subject streetscape which are actually located closer to N.E. 1st Avenue then this proposal itself. With the required findings made, staff recommends approval at this time. Chuck Halberg, Stuart and Shelby Development, 205 George Bush Boulevard, Delray Beach, FL 33444, stated the homeowners are new residents to Delray Beach and they are looking to make this their permanent home. Mr. Halberg stated this historic home is going to be a great added addition to this neighborhood. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request. There being no one from the public who wished to address the Commission, the public hearing was closed. 6 12/14/10 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). Mr. Eliopoulos moved to adopt the Board Order as presented, 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. 9.B. BONUS PAYMENT TO JCD SPORTS GROUP, INC.: Consider approval of FY 2009/2010 bonus payments to JCD Sports Group, Inc. for both golf operations in the amount of $14,316.00 and for Tennis Center operations in the amount of $6,345.00. Funding is available from 445-4711-572-34.90 (Delray Beach Municipal Golf Course Fund/Other Contractual Service), 446-4711-572-34.90 (Lakeview Golf Course/Other Contractual Service), 001-4215-575-34.90 (General Fund/Operating Expenses- Miscellaneous/Other Contractual Service) and 001-4210-575-34.90 (General Fund: Operating Expenses-Misc/Other Contractual Service). The City Manager stated the current contract with JCD Sports Group provides for bonus payments if certain goals are met and those goals are established in advance by the City Commission and the bonuses are calculated based on the extent to which the goals have been met. The City Manager stated staff received a request from JCD Sports Group for their bonus payment this year and in the backup memo it explains how that was calculated and how the different criteria were scored. Therefore, staff recommends approval of the payment for the Delray Beach Golf Club $11,430.00; for Lakeview Golf Club $2,886.00; for Tennis Operations $6,345.00. Mrs. Gray moved to approve the bonus payment to JCD Sports Group, Inc., 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. 9.C. ALTERNATE SITE PLAN APPROVAL FOR THE 4th ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Consider approval to rescind the approved site plan for the 4th Annual Downtown Delray Beach Craft Festival being held on December 26-27, 2010, and approve an alternate plan. The City Manager stated there were some issues that came up with the previous Howard Alan Event where the access to the parking garage in the condominium got blocked. Staff requests to rescind the previous site plan and approve an alternate site plan to ensure that this does not happen again. Mr. Frankel moved to approve the alternate site plan for the 4m Annual Downtown Delray Beach Craft Festival held on December 26-27, 2010, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. 7 12/14/10 Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.D. OFFER OF SETTLEMENT: ERIC J. GRUBER v. OLD SCHOOL SQUARE & CITY OF DELRAY BEACH: Consider an offer from Eric J. Gruber to settle his complaint against Old School Square, Inc. and the City of Delray Beach. Terrill Pyburn, Assistant City Attorney, stated this is a case alleging that the City violated the plaintiff's first amendment rights by asking him to stop drumming on Old School Square grounds. Ms. Pyburn stated he is suing both the City of Delray Beach and Old School Square. He has requested that either party (Old School Square or the City of Delray Beach) pay $5,000.00 and both party release a press release addressing nine (9) points as stated in his letter dated of November 29, 2010 which was submitted to the Commission as backup for this agenda item. Staff recommends denial of this offer. Mr. Eliopoulos moved to deny the offer of settlement with Eric J. Gruber v. Old School Square and the City of Delray Beach, 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 to DENY the settlement was passed with a 5 to 0 vote. 9.E. SETTLEMENT AGREEMENT: TIMOTHY CULANE v. CITY OF DELRAY BEACH: Consider a settlement agreement in the amount of $20,000.00 in the claim of Timothy Culhane against the City of Delray Beach. Brian Shutt, Assistant City Attorney, stated staff recommends approval of this settlement. Mr. Shutt stated this is a case that involves one of the Police Department volunteers who was involved in an accident with Mr. Culhane where Mr. Culhane incurred some medical expenses and the settlement is for $20,000.00. Staff recommends approval of the settlement in the amount of $20,000.00 subject to the City receiving the appropriate releases from the plaintiff. Mrs. Gray moved to approve the Settlement Agreement in the amount of $20,000.00 in the claim of Timothy Culhane against the City of Delray Beach subject to the City receiving the appropriate releases from the plaintiff, 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. 9.F. APPOINTMENT TO THE BOCA BATON AVIATION ADVISORY COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Mr. Fetzer moved to appoint Barry Gauch as a regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2012, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. 8 12/14/10 Gray -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.G. 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 upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). Mr. Frankel moved to appoint Alberta Gaum-Rickard to serve an unexpired term ending July 31, 2011, seconded by Mr. Eliopoulos. Prior to the roll call, Mr. Fetzer stated he does not feel it is appropriate to have a City employee on the Board. Mrs. Gray concurred with comments expressed by Mr. Fetzer. Mr. Frankel stated he would like to withdraw his appointment to appoint Alberta Gaum-Rickard. Mr. Frankel moved to appoint Laura Reines 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: Mayor McDuffie - Yes; Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 6:28 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. ll.A. City Manager's response to prior public comments and inquiries. With regard to the concern about homeless people in the Lake Ida neighborhood, the City Manager stated Tom Meeteer, Code Enforcement Supervisor, met with the Pastor of Cason United Methodist Church on December 10, 2010, at her residence (220 N.W. 7th Street) and found no provisions of outreach services to the public. Pastor Mobley does have a female person living in her house providing domestic services and this female has a male friend who walks over to the house to visit on occasion. Pastor Mobley provided Mr. Meeteer with a tour of the house and grounds and he did not see any code violations. The City Manager stated it appears that the presence of the female guest and her company may be the cause of residents' perception that sometimes services are being offered at the residential unit. Pastor Mobley was cooperative and apologized for any confusion. Secondly, with regard to the comment about Sazio's signage, the City Manager stated staff is still in the process of investigating that to determine whether a violation exists. 9 12/14/10 11.B. From the Public. 11.B.1. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (Tierra Verde at Delrav Beach), wished everyone a Merry Christmas and a Happy and Healthy New Year. At this point, the time being 6:32 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel NIr. Frankel stated he received emails about Deck 84 and the noise. The City Manager stated Code Enforcement is investigating and contacting the owners. Secondly, Mr. Frankel stated he just flew in from San Francisco as part of a conference and the Fire Chief from the Fire Department in New York Richard Picciotto gave an amazing speech yesterday about his experience with the World Trade Center. NIr. Frankel stated it was one of the most moving speeches about how he was trapped and tried to save people. Lastly, NIr. Frankel stated he is sorry he missed the Holiday Parade and hopes it was a huge success. 13.C.2. Mrs. Gray Mrs. Gray stated the Christmas Parade was awesome and thanked NIr. Barcinski and staff for extending the parade to 5th Avenue. Mrs. Gray stated it was a great night and the next morning the streets were clean and beautiful and she thanked Clean & Safe for doing an awesome job cleaning up. Secondly, Mrs. Gray thanked Patsy Nadal, Purchasing Manager, and Amy Robinson, Senior Buyer, for conducting and putting together the Small Minority Business Workshop and stated it was great. Mrs. Gray stated there was approximately 30-40 small 10 12/14/10 business and minority owners there and Lula Butler, Director of Community Improvement and County Commissioner Priscilla Taylor also helped facilitate the Workshop and did an awesome job. Lastly, Mrs. Gray thanked everyone who has sent her holiday cards. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos commented about the noise issue at Deck 84 and stated he is glad that staff is looking into this. Secondly, Mr. Eliopoulos stated the Holiday Parade was a great success. He stated the Commission received emails the next morning about how clean the streets were. Mr. Eliopoulos asked if staff can look to see when the Planning and Zoning Department is going to come back with something for the South Federal Highway Redevelopment Plan. The City Manager stated the Planning and Zoning staff is planning on holding public input meetings in February. Lastly, Mr. Eliopoulos stated with regard to the New Century project he asked if staff could look at how we want to be looking at the determination of how we feel mixed uses are. 13.C.4. Mr. Fetzer Mr. Fetzer stated he was very happy to see Deck 84 open where the old Busch's was located and feels this is a beautiful location for this restaurant. He stated the noise has been a concern at Old Calypso and the residents around there are going to be very sensitive to this and he is glad to hear that Code Enforcement is working on that issue. Mr. Fetzer stated one of the emails he received talked about that they heard there was going to be a patio extension to actually extend it further outside. The City Manager stated as far as granting any additional extensions to Deck 84's patio it would have to go through the Site Plan Review and Appearance Board (SPRAB). Mr. Fetzer reiterated that he is happy to see a new restaurant there but he feels we have to be sensitive to the concerns of the residents nearby. Secondly, Mr. Fetzer stated he was very glad to see how successful the holiday parade was and the weather was beautiful. He stated this was the first year the City extended the parade to Sm Avenue and since it was successful he would like to see this done next year as well. The City Manager stated the only issues were Fire Station access into the parade and then in lining up, some of the units still got back into the residential neighborhoods. Lastly, Mr. Fetzer wished everyone a wonderful holiday season. 11 12/14/10 13.C.5. Mayor McDuffie Mayor McDuffie commended everyone who worked on the Holiday Parade and stated extending the parade to Sm Avenue was a good idea. He stated what amazed him was the size of the parade compared to last year. Mayor McDuffie thanked the Chamber of Commerce, the consulting staff and everyone involved because it was a great parade. Secondly, Mayor McDuffie stated the Chamber of Commerce Holiday Party was also a good event. Mayor McDuffie stated he enjoyed the Chairman's Club get together last night at the Seagate Hotel and Spa. He stated he attended the Office Depot Foundation's Holiday Party at the Boca Raton Hotel and Club as a representative of the City. Mayor McDuffie stated over the past several years the Foundation has donated $1.2 million to the City of Delray Beach. Mayor McDuffie stated the keynote speaker was so articulate and gave an eloquent speech. Mayor McDuffie stated the keynote speaker graduated from college, received his master's and doctorate and went to work in corporate America and left there because of the childhood he remembered in Africa. Mayor McDuffie stated he now runs a foundation that provides shoes to kids. Mayor McDuffie stated in Africa if a child is cut on the foot it can turn into infections and the kids are in contact with animal feces, etc. on the ground and kids die from not having shoes. Mayor McDuffie stated his goal is to give away ten million pairs of shoes in Africa. Mayor McDuffie stated he was an incredible speaker and noted that he is also going into all underdeveloped nations to provide shoes to kids. Mayor McDuffie stated one of the other things he does is to make peace with people is he washes people feet. He had these two leaders get together who were warring each other and had each of them wash the other's feet. Mayor McDuffie stated he missed about 99% of the Boat Parade because he was running from the Office Depot Foundation party to get back up to Delray Beach to see the parade but heard it went well. Mayor McDuffie commented about the emails he received regarding Deck 84 and noted that Code Enforcement is taking care of this. Mayor McDuffie stated at the January 11, 2011 Workshop Meeting Howard Schnellenberger (FAU's Head Football coach) and several of the FAU staff would like to talk to the Commission regarding the future plans for the stadium and the athletics at FAU and the City's partnership with FAU and the future things that FAU does for the City of Delray Beach. Mayor McDuffie stated it is going to be a great part of our community having the new stadium. Mayor McDuffie stated at the Chairman's Club someone suggested that to help reduce some of the costs to the City have people take over the maintenance of the 12 12/14/10 parks for the Adopt a Park Program. He stated the City already has this program in place but we just need to sell it to a few more organizations in town. At this point, Mrs. Gray asked the City Manager if staff is going to have the Levitt Pavilion on a Workshop Meeting soon. The City Manager stated they need to work through things with Old School Square first of all. Mrs. Gray concurs with Commissioner Fetzer that we need to look at how we can prevent employees as well as non-profit groups from being on the Financial Review Board. The City Manager stated this is something staff can look at and see how it would be appropriate to accomplish that. At this point, the time being 6:49 p.m., the Commission took a short break. At this point, the time being 7:00 p.m., the Commission reconvened and moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18-10: Consider approval of a city-initiated annexation (via the provisions of the executed Agreement for Water Service and Consent to Annexation) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. The caption of Ordinance No. 18-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH, A PARCEL OF LAND LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, AS THE SAME IS MORE PARTICULARLY DESCRIBED HEREIN, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS; REDEFINING THE BOUNDARIES OF THE CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-10 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. 13 12/14/10 Ron Hoggard, AICP, Principal Planner, stated this is an annexation of the Marketplace of Delray property which is a 30.26 shopping center on N.W. corner of Atlantic Avenue and Military Trail and noted this annexation is pursuant to a voluntary annexation clause and a water service agreement was executed in 2002. Mr. Hoggard stated within that agreement the City stated that they would not annex the property until after January 15, 2010. Therefore, Mr. Hoggard stated staff is coming in now for annexation of this and it is also subject to a Future Land Use Map Amendment and a concurrent rezoning from County to City rezoning. He stated in terms of annexation, the shopping center will be responsible to pay an additional $145,000.00 in taxes and $163,000.00 a year in taxes will be to the City after the annexation. Staff sent a letter to Palm Beach County and they have no objection to the annexation. At its meeting of July 19, 2010, the Planning and Zoning Board held a public hearing regarding the annexation, rezoning, and FLUM amendment. Some members of the public questioned the need for the City to annex the property now given the current economic times. Also, the owner of the Ugly Mug Bar was concerned about the operating hours because he is open until 5:00 a.m. and serves alcohol until 5:00 a.m. and that is not allowed in the City. Mr. Hoggard stated that item was addressed in the annexation ordinance which allows them to operate under those hours for twenty years. Staff amended the annexation ordinance to add an additional clause in Section 7 and noted there is an existing gas station that is currently vacant and it will be non- conforming because gas stations are not allowed so they will have 180 days to reoccupy the gas station but will more than likely convert it to another use. Mr. Hoggard stated within the LDRs there is a minimum square footage of 4,000 square feet and staff added Section 7 which reduces that requirement to 2,000 square feet for that parcel only because it is currently only 800 square feet and will now become more conforming with the change unless they develop the whole shopping center and then everything has to be conforming. Mr. Hoggard stated staff recommends approval and positive findings are made as set forth in LDR Section 2.4.5(C)(4) as outlined in the attached staff report and complies with Florida Statute Chapter 171. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos commented about the hours of operation for the Ugly Mug Bar and the hours of operation and asked if they close down for a certain period of time does that still stay in affect or is it just granted with that building. The City Attorney stated he believes it would be granted with that building and they are allowed 20 years. Mr. Eliopoulos moved to adopt Ordinance No. 18-10 on Second and FINAL Reading, 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. 14 12/14/10 Mayor McDuffie stated if anyone from the public would like to speak on either Item 10.B., Ordinance No. 43-10 or Item 10.C., Ordinance No. 20-10, to please come forward and be sworn in by the City Clerk. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on the following items. Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. 10.B. ORDINANCE NO. 43-10 (SECOND READING/SECOND PUBLIC HEARING): City initiated rezoning from County CG (General Commercial) to City PC (Planned Commercial) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. (Quasi-Judicial Hearing) The caption of Ordinance No. 43-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING INITIAL CITY ZONING OF PC (PLANNED COMMERCIAL); SAID LAND LOCATED AT THE NORTHWEST CORNER OF MILITARY TRAIL AND WEST ATLANTIC AVENUE, 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. 43-10 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. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no exparte communications to disclose. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2010-149 into the record. Mr. Hoggard stated this is aCity-initiated rezoning from County CG (General Commercial) to City PC (Planned Commercial) for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. 15 12/14/10 At its meeting of July 19, 2010, the Planning and Zoning Board recommended approval and positive findings are made as outlined in the staff report per LDR Section 2.4.5(D)(5) which states that there is a change in circumstances and the City is annexing the property and this is similar intensity to the County zoning, and is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 3.1.1. and 3.2.2. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 43-10 on Second and FINAL Reading, seconded by Mr. Frankel. 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. 10.C. ORDINANCE NO. 20-10: Consider approval of a privately initiated rezoning from RM (Medium Density Residential) to GC (General Commercial) for Lintco Development, located at the northwest corner of Linton Boulevard and S.W. 4m Avenue. (Quasi-Judicial Hearing) The caption of Ordinance No. 20-10 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT TO GC (GENERAL COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL LOCATED AT THE NORTHWEST CORNER OF LINTON BOULEVARD AND SW 41H AVENUE, 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. 20-10 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. Ron Hoggard, AICP, Principal Planner, entered the Planning and Zoning Department project file #2010-157 into the record. 16 12/14/10 Mr. Hoggard stated this property consists of twelve (12) parcels totaling 7.08 acres and is currently undeveloped. The rezoning will go from City RM (Medium Density Residential) to GC (General Commercial). Mr. Hoggard stated there is a FLUM (Future Land Use Map) Amendment and a Comprehensive Plan text amendment that will limit the Floor Area Ratio to 0.36 on this parcel. At its meeting of July 19, 2010, the Planning and Zoning Board recommended approval Mr. Hoggard stated positive findings are made for LDR Sections 2.4.5(D)(5), 3.1.1., and 3.2.2. Staff recommends approval of the ordinance. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Alan Ciklin, Attorney representing the applicant, stated the site was annexed into the City in 1988 and in 2005 was given amulti-family zoning designation. Mr. Ciklin stated Linton Boulevard has grown up as a major commercial thoroughfare and it is surrounded by major commercial and industrial uses. Mr. Ciklin stated to the north and the west are some residential uses and they are a considerable distance away but during the site plan approval process they will make a special effort to mitigate any impacts that a development would have on those with walls, buffers, and screens. Mr. Ciklin stated to the immediate west is the Fire Station and on all major sides is either the Fire Station, commercial, and industrial. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission, the public hearing was closed. Christina Morrison Pearce, 2000 S. Ocean Boulevard #307, Delrav Beach, FL 33483 (Delrav Beach Club), speaking as a commercial realtor she urged the Commission to support this change. Ms. Pearce stated if you look at the way Linton Boulevard has been developed since this zoning was put into place in 1988, it would really be an unsafe use to keep that RM in place because there is so much heavy traffic and high speed travel on that road to have cars coming in and out of residential development at that intersection would be very dangerous. Ms. Pearce stated this change in use is much more functional in future years. Mrs. Gray moved to adopt Ordinance No. 20-10 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Fetzer -Yes. Said motion passed with a 4 to 0 vote. 10.D. ORDINANCE NO. 17-10: (SECOND READING/ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2010-1): Consider approval and adoption of Comprehensive Plan amendment 2010-1 including the following text changes. A. Text Amendments: 17 12/14/10 City-initiated: Capital Improvement Element -Update the City's Five-Year Capital Improvements Schedule (Table CI-CIP) to reflect adoption of the FY2011-FY2015 Capital Improvements Program. ii. City-initiated: Capital Improvement Element -Update the City's Reclaimed Water Capital Improvement Schedule (Table RW- CIP) to reflect adoption of the FY2011-FY2015 Capital Improvements Program. iii. City-initiated: Capital Improvement Element -Update the Palm Beach County School District's Capital Improvement Schedule (Table SD-CIP) to reflect adoption of its FY2011-FY2015 Capital Improvements Program. iv. City-initiated: Capital Improvement Element - Update the General Fund Revenue and Expenditure 5-Year Forecast Table. v. City-initiated: Capital Improvement Element - Update the Pledgeable Revenue Matrix Table. vi. City initiated: Capital Improvement Element -Update the Debt Summary Table. vii. City-initiated: Conservation Element - Modification of Objective E-1 and Policy E-1.1, dealing with the Green Task Force, to reflect new name (Green Implementation Advancement Board) and expanded Board purpose. viii. City-initiated: Future Land Use Element -Modification of Policy A-1.4 to extend the time frame for completion of a study on economic development issues from FY08/09 to FY11/12. ix. City-initiated: Future Land Use Element -Modification of Policy A-1.10 to extend the time frame for evaluating the need for establishing design guidelines for the Congress Avenue Corridor and the Four Corners Overlay District from FY08/09 to FY10/11. x. City-initiated: Future Land Use Element -Modification of Policy A-1.11 to extend the time to develop a marketing plan to attract new business and promote redevelopment of the Congress Avenue corridor from FY08/09 to FY10/11. xi. City-initiated: Future Land Use Element -Modification of Policy A-2.5 to extend the time frame for analysis of the Land Development Regulations, dealing with nonconforming uses, from FY08/09 to FY11/12. xii. City-initiated: Future Land Use Element -Modification of Policy C-1.4 to extend the time frame for evaluating the need for establishing design guidelines for the North Federal Highway corridor from FY08/09 to FY10/11. 18 12/14/10 xiii. City-initiated: Future Land Use Element -Modification of Policy C-1.12 to extend the time frame for completion of a Redevelopment Plan for the South Federal Highway from FY08/09 to FY10/11. xiv. City-initiated: Future Land Use Element -Modification of Policy C-1.13 to extend the time frame for completion of a Redevelopment Plan for Linton Boulevard, from I-95 to Federal Highway, from FY08/09 to FY10/11. xv. Privately-initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for the Lintoo property on the north side of Linton Boulevard, west of S.W. 4th Avenue. xvi. Privately initiated: Future Land Use Element -Modification of the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FARs) for development within a proposed overlay district for Waterford located east of I-95, south of Linton Boulevard. xvii. City-initiated: Housing Element -Deletion of Policy B-3.3 (Completed). xviii. City-initiated: Transportation Element -Modification of Policy A-1.8 to extend the time frame for investigation of the feasibility of implementing an impact fee or other system for assessment of new development to fund operation of the downtown roundabout shuttle service from FY08/09 to FY10/11. xix. City-initiated: Transportation Element - Modification of Objective A-8 to extend the time frame for development of a program to encourage street trees for green linkages from FY08/09 to FY10/11. xx. City-initiated: Transportation Element -Modification of Policy D-2.4 to extend the time frame for adoption of a bicycle network plan for the city from FY09/10 to FY11/12. xxi. City-initiated: Transportation Element -Modification of Policy D-3.1 to extend the time frame for completion of surveys and analysis to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours, from FY09/10 to FY10/11. xiii. City-initiated: Transportation Element -Modification of Policy D-3.5 to extend the time frame to determine the operational feasibility and grant funding requirements necessary to provide 19 12/14/10 shuttle service to meet and greet all trains at the station from FY08/09 to FY10/11. B. Future Land Use Map Amendments: City initiated Future Land Use Map amendment from County Commercial High with an underlying residential of 8 units per acre (CH/8) to City GC (General Commercial), for the Marketplace of Delray, located at the northwest corner of West Atlantic Avenue and Military Trail. ii. Privately initiated Future Land Use Map amendment from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial) for Lintco Development, located at the northwest corner of Linton Boulevard and S.W. 4th Avenue. iii. Privately initiated Future Land Use Map Amendment from TRN (Transitional) to GC (General Commercial) fora 4.58 acre parcel located within Waterford, located between I-95 and Lindell Boulevard, south of Linton Boulevard and north of Audubon Boulevard. The caption of Ordinance No. 17-10 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2010-1, PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSNE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTION 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSNE PLAN AMENDMENT 2010-1" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The copy of Ordinance No. 17-10 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. Ron Hoggard, AICP, Principal Planner, stated this ordinance was before the City Commission for a first reading on August 17, 2010 and recommended that staff 20 12/14/10 send this to the Florida Department of Community Affairs (DCA) for review. Mr. Hoggard stated the State did not issue an (Objections, Recommendations, and Comments (ORC) Report on the Comprehensive Plan Amendment. Mr. Hoggard stated staff has a few minor changes from what will be adopted and those are outline in the staff report. At its meeting of July 19, 2010, the Planning and Zoning Board and recommended approval with the exception of Breezy Acres; at its meeting of August 16, 2010, the Planning and Zoning Board held a public hearing regarding the Breezy Acres Future Land Use Map Amendment, which was tabled at its July 19, 2010 meeting, and several additional items initiated by the City Commission on August 3, 2010. These additional items included text amendments "d", "e", "f' and "p", and Future Land Use Map Amendment "c". The Planning and Zoning Board recommended that the City Commission add these items to Comprehensive Plan Amendment 2010-1. Formal public notice was provided to all property owners within a 500' radius of the subject properties for the three FLUM amendments. Mr. Hoggard briefly reviewed the Future Land Use Map Amendments (i.e. Marketplace of Delray, Lintco Development, and Waterford). Positive findings with respect to the Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan are given in the staff report. Staff recommends approval. Mayor McDuffie declared the public hearing open. Joel Harmatz, 2058 Alta Meadows Lane #2505, Delrav Beach, FL 33444, read a brief statement into the record regarding the Future Land Use Map Amendment (FLUM) and noted that the FLUM is a research tool. Patrick Clark, 2058 Alta Meadows Lane, Delrav Beach, FL 33444, (lives at Tierra Verde), read a brief statement into the record regarding Waterford. Mr. Clark is strongly opposed to the rezoning of the area for general commercial use and noted that his property is less than 60 feet from the distance of the proposed development. He urged the Commission to deny the applicant's request and stated there is no demonstrated need for another commercial building and there will be a substantial impact on taxpaying homeowners in Tierra Verde. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (past President of the Board of Directors of Tierra Verde at Delrav Beach), stated when this first started a notice was sent out from Planning and Zoning and there were eight people interested in it. Dr. Kirson stated he called a special meeting to discuss this to hear their concerns and nine people came to the meeting and noted that Tierra Verde has approximately 600-650 residents. Dr. Kirson stated he does not feel they are going to build anything on this parcel. He stated if we give them the one-third increase in the size of the building they still have to compensate with roads and parking. Dr. Kirson stated they legally have access to build a small hotel and legally have access to Alta Meadows Lane. He stated this should be aired out when an actual proposal is made but 21 12/14/10 he feels there is never going to be a proposal because it cannot be done on that small piece of property. Alan Ciklin, Attorney representing the property owner, stated he believes there is some confusion over what they are asking for. Mr. Ciklin stated this site is already zoned fora 78 room hotel which is an existing use and the zoning was there for the hotel before 2005. Mr. Ciklin stated anyone who thought they would forever look at a vacant site was incorrect; the zoning has been approved. He stated as part of the SAD (Special Activities District) zoning it already allows for retail commercial development but that retail commercial development has limitations such as limited to 10,000 square foot buildings and 2,000 square foot users. Mr. Ciklin stated the reason that the property owner has requested a land use plan amendment is to allow the property to be attractive to more substantial type of users rather than the 2,000 square foot "mom and pop" users which Delray and many other cities have a lot of and often tend to not be able to sustain financial ups and downs. Mr. Ciklin stated that they are hoping with the flexibility of a more substantial type of user that they can avoid that. Mr. Ciklin stated whatever use comes here it will have to go through the SAD amendment process and the SAD amendment process is the kin to a rezoning and they would have to come back before the Commission for that. He stated they will meet with the residents to make sure that they understand the use and that they do everything to mitigate that use to make sure that access and buffers are acceptable. Patrick DeRosier, President of the Board of Directors for Tierra Verde, stated he heard about his neighbor Mr. Harmatz's objections to this situation and he concurs with his assessment of the negative impact of the Tierra Verde community. Mr. DeRosier stated those two buildings on the right-hand side are within 100 feet of the edge of the property and if they plan to develop something it will border right up against that. He urged the Commission to turn this down and the only thing he feels would possibly be appropriate in the future is a hotel. Mr. DeRosier stated there are access problems and having tractor trailers come in and out on that road could potentially be a dangerous situation because there are many families with children and pets. There being no one else from the public who wished to address the Commission regarding Ordinance No. 17-10, the public hearing was closed. Mr. Hoggard stated this transitional designation already allows all of the retail types of uses; office uses, the hotel, the residential. He stated the change to the GC designation allows is more flexibility with the building sizes. Mr. Hoggard stated the time to look at compatibility with the existing development is going to be during the site plan process which wrapped into the SAD modification as a rezoning process and the access and buffers, etc. should be done then. Mr. Hoggard stated that Mr. Harmatz commented that the zoning and the land use not being compatible, SAD in the City's Comprehensive Plan is compatible with all land use designations. Mr. Frankel thanked everyone for coming out to speak this evening. He stated what he is understanding is that a yes or no vote will not really address the 22 12/14/10 residents future concerns. Mr. Frankel stated any building would have to go through the site plan process and the City Commission. He stated he will support this and deal with the issues that the residents have brought up in the future. Mrs. Gray stated this is already zoned for commercial and although she understands the concerns of the residents she believes because it is already zoned for commercial that we need to give them some more flexibility so that they can do what is right for this property. NIr. Fetzer stated he is sensitive to the residents that have spoken against this tonight. He stated this is not a rezoning but is a process to allow additional flexibility of what could be proposed there but that would all have to through a complete SAD amendment process and site plan review. NIr. Fetzer stated he feels that is the time to address the proposed concerns rather than at this point with a Comprehensive Plan. Mayor McDuffie thanked everyone for coming out this evening. He stated all property comes with setbacks. Mayor McDuffie stated any property that comes up against your property line so 60 feet into something and then having another building sitting there is not going to happen. He stated every development is required to put a buffering in between themselves and the residential. Mayor McDuffie stated this will have to go through a thorough site plan review and appearance board process. After the Site Plan Review and Appearance Board get done with it then it will come back before the Commission. Mayor McDuffie stated it is zoned SAD now and is going to be zoned SAD when the Comprehensive Plan goes through. Therefore, Mayor McDuffie stated he will support this as well. NIr. Frankel moved to adopt Ordinance No. 17-10 (Adoption Hearing for the Comprehensive Plan Amendment 2010-1), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; NIr. Fetzer - Yes; NIr. Frankel -Yes. Said motion passed with a 4 to 0 vote. 10.E. CONSOLIDATED ANNUAL PERFORMANCE AND APPRAISAL REPORT (CAPER): Consider approval of the 2009-2010 Consolidated Annual Performance and Evaluation Report required by the United States Department of Housing & Urban Development (HUD) for utilization of federal grant funds. Nigel Roberts, Neighborhood Service Administrator, stated the Consolidated Annual Performance and Evaluation Report (CAPER) serves to met performance requirements by the Department of Housing and Urban Development (HUD). The CAPER covers the period of October 1, 2009-September 30, 2010 for reporting on HUD-sponsored activities as specified in the City's 2009-2010 Action Plan. The 09-10 CAPER further serves as an update on the goals and objectives identified in the City's Consolidated Strategic Plan (2005-2010) five year plan. Staff recommends approval of the CAPER for the rating period of October 1, 2009 through September 30, 2010 to meet the performance reporting requirements of the Department of Housing and Urban Development (HUD). 23 12/14/10 Mayor McDuffie declared the public hearing open. There being no one who wished to address the Commission regarding the Consolidated Annual Performance and Appraisal Report, the public hearing was closed. Mrs. Gray moved to approve the Consolidate Annual Performance and Evaluation Report (CAPER) for October 1, 2009-September 30, 2010, 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.F. RESOLUTION NO. 65-10/CONTRACT FOR THE SALE OF PROPERTY/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 65- 10 authorizing the City to sell Neighborhood Stabilization Program property to Lana Ritz in the amount of $212,000.00 and provide subsidy up to $50,000.00 secured by promissory note and second mortgage located at 3740 Lancewood Place. The caption of Resolution No. 65-10 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 65-10 is on file in the City Clerk's Nigel Roberts, Neighborhood Services Administrator, stated staff recommends approval of Resolution No. 65-10 authorizing the City to sell Neighborhood Stabilization Program Property located at 3740 Lancewood Place to Lana Ritz in the amount of $212,000.00 and provide subsidy up to $50,000.00 secured by promissory note and second mortgage. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 65-10, the public hearing was closed. Mr. Eliopoulos asked how it works with the HUD regulations with regard to purchasing and selling the property. Mr. Roberts stated the Neighborhood Stabilization Program has strict rules when it comes to what you can resell the property for. This property cannot be sold for more than what the property was purchased for and rehabbed for. Mr. Roberts stated the City purchased this property for $135,000.00 and sold it for $212,000.00 to a good citizen and some properties in this neighborhood are 24 12/14/10 selling in the amount $230,000.00 and up right now. Mr. Frankel moved to approve Resolution No. 65-10, 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.G. RESOLUTION NO. 66-10: TRANSFER OF PROPERTY AT 3619 AVENUE MONTRESSOR: Consider approval of Resolution No. 66-10 authorizing the City to transfer property located at 3619 Avenue Montressor to the Community Land Trust (CLT) for affordable housing. The caption of Resolution No. 66-10 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO TRANSFER REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. office.) (The official copy of Resolution No. 66-10 is on file in the City Clerk's Nigel Roberts, Neighborhood Services Administrator, stated the City of Delray Beach has entered into agreement with the Delray Beach Community Land Trust to assist the City with the resale and neighborhood stabilization program properties to single family households with incomes less than 120% of median income. Staff recommends approval of Resolution No. 66-10 authorizing the City to transport property located at 3619 Avenue Montressor to the Community Land Trust (CLT) for affordable housing. Mrs. Gray moved to approve Resolution No. 66-10, seconded by Mr. Frankel. 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. 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. 25 12/14/10 12. FIRST READINGS: A. None At this point, the time being 6:32 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney and the City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager had no comments and inquiries on non-agenda items. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Frankel NIr. Frankel stated he received emails about Deck 84 and the noise. The City Manager stated Code Enforcement is investigating and contacting the owners. Secondly, Mr. Frankel stated he just flew in from San Francisco as part of a conference and the Fire Chief from the Fire Department in New York Richard Picciotto gave an amazing speech yesterday about his experience with the World Trade Center. NIr. Frankel stated it was one of the most moving speeches about how he was trapped and tried to save people. Lastly, NIr. Frankel stated he is sorry he missed the Holiday Parade and hopes it was a huge success. 13.C.2. Mrs. Gray Mrs. Gray stated the Christmas Parade was awesome and thanked NIr. Barcinski and staff for extending the parade to 5th Avenue. Mrs. Gray stated it was a great night and the next morning the streets were clean and beautiful and she thanked Clean & Safe for doing an awesome job cleaning up. Secondly, Mrs. Gray thanked Patsy Nadal, Purchasing Manager, and Amy Robinson, Senior Buyer, for conducting and putting together the Small Minority Business Workshop and stated it was great. Mrs. Gray stated there was approximately 30-40 small business and minority owners there and Lula Butler, Director of Community Improvement and County Commissioner Priscilla Taylor also helped facilitate the Workshop and did an awesome job. 26 12/14/10 Lastly, Mrs. Gray thanked everyone who has sent her holiday cards. 13.C.3. Mr. Eliopoulos Mr. Eliopoulos commented about the noise issue at Deck 84 and stated he is glad that staff is looking into this. Secondly, Mr. Eliopoulos stated the Holiday Parade was a great success. He stated the Commission received emails the next morning about how clean the streets were. Mr. Eliopoulos asked if staff can look to see when the Planning and Zoning Department is going to come back with something for the South Federal Highway Redevelopment Plan. The City Manager stated the Planning and Zoning staff is planning on holding public input meetings in February. Lastly, Mr. Eliopoulos stated with regard to the New Century project he asked if staff could look at how we want to be looking at the determination of how we feel mixed uses are. 13.C.4. Mr. Fetzer Mr. Fetzer stated he was very happy to see Deck 84 open where the old Busch's was located and feels this is a beautiful location for this restaurant. He stated the noise has been a concern at Old Calypso and the residents around there are going to be very sensitive to this and he is glad to hear that Code Enforcement is working on that issue. Mr. Fetzer stated one of the emails he received talked about that they heard there was going to be a patio extension to actually extend it further outside. The City Manager stated as far as granting any additional extensions to Deck 84's patio it would have to go through the Site Plan Review and Appearance Board (SPRAB). Mr. Fetzer reiterated that he is happy to see a new restaurant there but he feels we have to be sensitive to the concerns of the residents nearby. Secondly, Mr. Fetzer stated he was very glad to see how successful the holiday parade was and the weather was beautiful. He stated this was the first year the City extended the parade to Sm Avenue and since it was successful he would like to see this done next year as well. The City Manager stated the only issues were Fire Station access into the parade and then in lining up, some of the units still got back into the residential neighborhoods. Lastly, Mr. Fetzer wished everyone a wonderful holiday season. 13.C.5. Mayor McDuffie Mayor McDuffie commended everyone who worked on the Holiday Parade and stated extending the parade to Sm Avenue was a good idea. He stated what 27 12/14/10 amazed him was the size of the parade compared to last year. Mayor McDuffie thanked the Chamber of Commerce, the consulting staff and everyone involved because it was a great parade. Secondly, Mayor McDuffie stated the Chamber of Commerce Holiday Party was also a good event. Mayor McDuffie stated he enjoyed the Chairman's Club get together last night at the Seagate Hotel and Spa. He stated he attended the Office Depot Foundation's Holiday Party at the Boca Raton Hotel and Club as a representative of the City. Mayor McDuffie stated over the past several years the Foundation has donated $1.2 million to the City of Delray Beach. Mayor McDuffie stated the keynote speaker was so articulate and gave an eloquent speech. Mayor McDuffie stated the keynote speaker graduated from college, received his master's and doctorate and went to work in corporate America and left there because of the childhood he remembered in Africa. Mayor McDuffie stated he now runs a foundation that provides shoes to kids. Mayor McDuffie stated in Africa if a child is cut on the foot it can turn into infections and the kids are in contact with animal feces, etc. on the ground and kids die from not having shoes. Mayor McDuffie stated his goal is to give away ten million pairs of shoes in Africa. Mayor McDuffie stated he was an incredible speaker and noted that he is also going into all underdeveloped nations to provide shoes to kids. Mayor McDuffie stated one of the other things he does is to make peace with people is he washes people feet. He had these two leaders get together who were warring each other and had each of them wash the other's feet. Mayor McDuffie stated he missed about 99% of the Boat Parade because he was running from the Office Depot Foundation party to get back up to Delray Beach to see the parade but heard it went well. Mayor McDuffie commented about the emails he received regarding Deck 84 and noted that Code Enforcement is taking care of this. Mayor McDuffie stated at the January 11, 2011 Workshop Meeting Howard Schnellenberger (FAU's Head Football coach) and several of the FAU staff would like to talk to the Commission regarding the future plans for the stadium and the athletics at FAU and the City's partnership with FAU and the future things that FAU does for the City of Delray Beach. Mayor McDuffie stated it is going to be a great part of our community having the new stadium. Mayor McDuffie stated at the Chairman's Club someone suggested that to help reduce some of the costs to the City have people take over the maintenance of the parks for the Adopt a Park Program. He stated the City already has this program in place but we just need to sell it to a few more organizations in town. 28 12/14/10 At this point, Mrs. Gray asked the City Manager if staff is going to have the Levitt Pavilion on a Workshop Meeting soon. The City Manager stated they need to work through things with Old School Square first of all. Mrs. Gray concurs with Commissioner Fetzer that we need to look at how we can prevent employees as well as non-profit groups from being on the Financial Review Board. The City Manager stated this is something staff can look at and see how it would be appropriate to accomplish that. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:59 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on December 14, 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. 29 12/14/10 III T'H~ GIfTY C?MMISSIOI'~ CIHAI~BERS P THE CITY P DEL Y BEAGH~ PL.RIDA ORDER OF THE CITY CtIW'IMISSIC9I~I ~F THE CITY OF DE~.RAY BEACH, FLl"~R'IDA WAIVER REQUEST ASSOCIATED WITH A CERTIFICATE OF APPROF'"RIATENESS 'FOR 338 N~ ~!'~~ AVENUE.. T~ris waiver request C~ permit a,n increase Irw 'tl~i~ Bucilding Height Plane 'BHP} ratio associated with a Certificate of Apprapriatew«es~ r 3~ NE Est Avenue carne before the City Commission on December 14, 2~1I, 2. The Applicant and Clty staff presented ~dacumentary evidence and testimony fcr the City Commission pert~plning to the waiver request to permit the buildincg to encroach the area outside of fife Bulq~!ing Height Plane. All of the evidence is a part.. ref type record in this ease. Required fir~clin~s are made in accordance with Subsection 1. I. WAIVER4 Pursuant t LDR Section 2..4.7(13}~5), priop° to grantirp a +~!!~ii'~Pr'd the ~pri!ra body shall make a finding that the granting of the waiver: (a} Shaft not adversely affect the neighboring area ~b~ Shall not significantly diminish the provision of public facilities; Vic} Shall not create an unsafe situation; and, (d} woes not result in the grant of a special privilege in That the same waiver would be granted under similar circumstances orb ether property far another applicant ar owner. W~MV~r to Permit an Increase Ire the Bui,lydlr~~ Il~dfihpt ~'I~r~e (BI"IP~ Ratio: Pursuant to L,DR Section 4,5.1(E)(9)~a}, Visual Cornputibility Incentives, Qpert~ Air Spaces, in order to provide design flexibility for residential structures that otherwise satisfy the Visual Compatibility Standards, the ratio of the Building Height Plane BHP} can increase Pram two to one (2:1 } to two to one and a half (2:1.5) for open air spaces limited to: first or second floor front porches (separa#ian must be provided between floors), first ar second floor side parches ~separatian must tie provided between floats}„ balconies, and overlooks with open railings. The proposal includes a two-story parch an the front elevation with... a portion of the porch headers and roof located within the increased 3HP arear thereby requiring a waiver far this encroachrrterlt. City Commission Meeting on December 14, 2010; Item 9.A. Does the waiver ~'eguest meet ail oaf the requirements of 2.4.7(B}(5} Y '+ ~J ~. The City Commission has a;ppiied tt~e comprehensive ~'iallr~~ ~rnd,, LDR requirements in existence t the titpe the original devel~rpment application was submitted and finds that its determinations set fart in this crier are consistent witft tft +t~c~t~,~relh~ensive Plani. The Gity Comr~tissior~ finds there is cnpVe ~inr~ aampetent substantiri evider~~ce to support its fndira~s in the reccwr~9 submitted and adapts the facts contained in the record inciudicig Ibut not limited.. to the staff reports, testimony of experts and ath,er competent witnesses supporting tfrese findings„ ~. Dried can time entire record before its tkae +~ity Commission approves ~/ uenies the waiuer' rectuest to CDR Section 4.5. ~ (E]~9]~a~. 'Dried an the entire record before it, the G~ity ~r~,~r~i s~i~n N~ereby adapts t~ris ~CDrrfer this 14th day of D~rnb~r~ ~„ bar ante elt in favor and apposed, r„W I w 1' ~ ~~,.. . _ ATTES"~; Neison S. McDffie, fiot'ayar.' , ~.~ ~ m ~ Chevelle Nubin,~ City Clerk ~~~~s City Commission Meeting on December 14, 2010; 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, DR COMMITTEE Elio oulos Ga Delra Beach Cit Commission MAILING ADDRESS THE BOARE7, COUNCIL, COMMISSION, AUTHDR]TY OR COMMITTEE qN 205 Geor a Bush Baaleaiard WHICH I SERVE IS A UNIT OF: CITY COUNTY ~C1Tl' ©COUNTY ^ OTHER LOCAL AGENCY Delray Beach, Florida 33444 Palm Beach NAME DF POLITICAL SUBDIVISION: City of Delray Beach DATE ON WHICH VOTE OCCURRE- 12~14~2010 MY POSITION IS: V E ELECTIVE ^ APPOINTI 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 responsibili#ies 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 fling 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 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-vole basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the offcer'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 BE1NG TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WIThiIN 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 WELL 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 88-EFF. tl200D Teem 8.J_il_ = Ttem 9_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 MEETWG: • 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 E~,iopouios ,hereby disclose that on December i4 20 1D (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, Rupp ~& Eliogoulos Architecture ; inured to the special gain or loss of my relative, ; _ inured to the special gain or loss of , by whom I am retained; or inured to the special gain or 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 follaws: 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,OOfl. GF FORM SB - EFF. 9120D0 PAGE 2 FORM SB MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME--F3RST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Elio oulas Ga Delra Beach Cat Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 205 George -Bush Boulevard WHICH I SERVE IS A UNIT OF: CIFY COUNTY CITY ^COUNTY 17 OTHER LOCAL AGENCY Delra Beach, Florida, 33444 Palm Beach NAME OF POLITICAL SVBDlV1SION: D l B h e ra eac Cit of DATE ON WHICH VOTE OCCURRED MY POSITION 15: 12 ~(} 2010 g~ ELECTIVE ^ APPOINTIVE WHO MUST FILE FORM 8B This farm 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 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, ;oint 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 BE[NG 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 fram 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 8B - EFF. 112000 IteID 10 . C . 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 W FLUENCE THE DECISION i=XCEPT BY DISCUSSION AT THi= 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 farm is fled. DISCLOSURE OF LOCAL OFFICER'S INTEREST I Gary Eliopoulos ,hereby disclose that on December 14 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 associate, ; 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 - GE Architecture, Inc. 12/14/2010 Dale Filed NOTICE: UNDER PROVISIONS- OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISGLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEAGHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 112000 PAGE 2 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME-FIRST NAME-MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, ORCDMMITTEE Elio Hulas Ga Delra Beach Cit Commission MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 2Q$ George Bush BOUleVard WHICH I SERVE IS A UNIT pF: CITY COUNTY ~7 CITY ^ GOUNTY ^ DTHER LOCAL AGENCY Delra Beach, Florida 3344G Palm Beach NAME DF POLITICAL SUBDIVISION: Cilt of Delra Beach DATE ON WHICH VOTE OCCURRED MY POSITION 15: ~Z~~~F/~O~.Q ]Fj ELECTIVE f1 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 192.3143, 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 1'12.3'143, 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 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, sonan-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}. ,~ ~ ~ W W ~, 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 THI= 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. x .. .~ ~ ,. 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 WTEND 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. 112Q00 ~ PAGE 1 Item 10.D_ 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 TWE DECISION EXCEPT BY DISCUSSION AT TWE 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 Gary Eliopoulos , hereby disclose that on llecember 14 , 20 10 I,, .,.. (a) A measure came or will come before my agency which (check one) ffi inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, _ _ inured to the special gain ar 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 -- GE Architecture, Inc. 12/].4/2010 Date Filed 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: IMPEACWMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,D00. CE FORM 88 - EFF. 912000 PAGE 2 WHEREAS, Martin Luther King, Jr. was born on January 15, 1929, in Atlanta, Georgia, and dedicated his life to all Americans being able to enjoy the freedom guaranteed every citizen under the United States Constitution; and WHEREAS, January 17, 2011, will be observed as Martin Luther King Jr. Day in honor of the memory and ideals of Dr. King and WHEREAS, Martin Luther King Jr. labored tirelessly to obtain equality of opportunity for all Americans; and WHEREAS, Dr. King was instrumental in the advancement of equality for all Americans; and WHEREAS, January 17~ should serve as a reminder to each of us of the sacrifices made by some Americans in order to secure the rights of all Americans. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim January 17, 2011 as MARTIN LUTHER KING, JR. DAY in the City of Delray Beach, and urge all citizens to reflect upon the efforts and sacrifices made by Dr. King on behalf of all Americans and join in the celebration of his contributions to the struggle for peace and freedom for our nation and throughout the ~rld. 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 4~ day of January, 2011. NELSON S. McDUFFIE MAYO R Government Finance Officers Association 203 N. LaSalle Street -Suite 2700 Chicago, IL 60601 ,~ Phone (312} 977-9700 Fax (312) 977-4806 November 3, 2014 David T. Harden Gity Manager Gity of Delray Beach 100 NW 1st Avenue Delray Beach FL 33444 Dear Mr. Harden: RECEIVEC~ NOV 4 8 2Q1Q CITY MANAGEF~ We are pleased to notify you that your comprehensive annual financial report for the fiscal year ended September 30, 2009 qualifies for a Certificate of Achievement for Excellence in Financial Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a government and its management. The Certificate of Achievement plaque will be shipped to: Joseph M. Safford Finance Director under separate cover in about eight weeks, We hope that you will arrange for a formal presentation of the Certificate and Award of Financial Reporting Achievement, and that appropriate publicity will be given to this notable achievement. A sample news release is enclosed to assist with this effort. In addition, details of recent recipients of the Certificate of Achievement and other information about Certificate Program results are available in the "Awards Program" area of our website, www.gfoa,org, We hope that your example will encourage other government officials in their efforts to achieve and maintain an appropriate standard of excellence in financial reporting. Sincerely, Government Finance Officers Association ~~~~~ Stephen J. Gauthier, Director Technical Services Center SJG1ds 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: December 10, 2010 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 CONSULTING SERVICE AUTHORIZATION N0.07-20/ MATHEWS CONSULTING, INC. ITEM BEFORE COMMISSION Approve Service Authorization #07-20 to Mathews Consulting, Inc. in the amount of $60,000.00 for professional engineering services related to the Lowson Blvd Force Main Replacement, P/N 2011-040. BACKGROUND Since the 2005 hurricane storm season, staff has experienced multiple breaches on the 14" force main along Lowson Blvd, between Homewood Blvd and the Lake Worth Drainage District's E-4 Canal. The latest incident resulted in replacing the aerial crossing over the canal in June 2010. Due to the pipe's deteriorating condition, staff programmed funding for the replacement of this pipe line in the 2010/2011 budget. This service authorization is for professional engineering services related to design of a replacement force main pipe line along Lowson Blvd, from Homewood Blvd to the E-4 Canal, approximately 1,400 linear feet of 14" pipe. It also includes a couple of modifications to the force main transmission system to the wastewater treatment plant to reduce wastewater re-pumping; connecting the 10" force main from Systems 52 and 53 (Sabal Pines Condo) directly to the 20" transmission main at the intersection of Lowson Blvd and Congress Avenue, and also connecting the 6" force main from System 23 (Abbey Delray/Delray Beach Highlands) to the 20" transmission main in front of Lift Station 50. Scope of services under this authorization include final engineering design, surveying, geotechnical services, field verifications of existing utilities, permitting, preparation of construction bid documents, bidding services in answering requests for information, and preparing a recommendation for contract award. If needed, additional services arising from uncertainties discovered during surveying, field verifications, soils investigations, or for acquiring potential property/easement acquisitions, will require another written authorization from the City. Total cost for this Service Authorization #07-20 is $60,000. Construction cost is estimated at $400,000. FUNDING SOURCE Funding is available from account #442-5178-536-68.74, Water & Sewer Renewal and Replacement Fund/Lowson Blvd Force Main. RECOMMENDATION Staff recommends approval of Service Authorization #07-20 to Mathews Consulting, Inc. in the amount of $60,000 for professional engineering services related to the Lowson Blvd Force Main Replacement project, P/N 2011-040. CITY OF DELRAY BEACH CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. 07-20 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE: CITY PROJECT NO. MATHEWS CONSULT. PROJECT NO. 1570 TITLE: Lowson Boulevard Force Main Re lacement This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. TITLE: A reement for General Consultin En ineerin Services I. PROJECT DESCRIPTION The Scope of this Service Authorization includes, but is not limited to, providing engineering design, permitting, surveying, geotechnical investigations, utility locates (e.g. soft digs) and bidding services for the Lowson Boulevard Force Main Replacement (project limits are shown in Exhibit 1). Project components consist af: • Force Main replacement (approximately 1,400 LF of 14" FM) along Lowson Boulevard from Homewood Blvd. to just west of the Lake Worth Drainage District E-4 Canal R-O-W. The force main will be designed as conventional open-cut method of construction and will be located in the grassed area if possible. • Connect the two (2) existing force mains (20" FM & 10" FM} together with a wye at the intersection of Lowson Blvd. and Congress Ave. Note: Congress Avenue is a County Road and which will require mill and resurface {SO feet each way) from any open-cuts. • Disconnect the existing Lift Station #50 6" FM {discharge piping} from the existing 10" FM along Lowson Blvd. and connect to the existing 20" FM on Lawson Blvd. The connection will consist of a 20" x 8" Tapping Sleeve and Valve and then reduce to 6". II. SCOPE OF SERVICES Phase I - Study and Reuort Phase Not Applicable. LowsonB LvdFM-Contract 12/16/10 1 Phase II -Preliminary Design Phase Not Applicable. Phase III -Final Design Phase Consultant shall provide final design phase services in accordance with Article III.C of the Agreement for Engineering Services with the City, dated May 30, 2007. 1. Field Investigation: Field reconnaissance of the proposed pipeline alignment shall be performed. Photograph log walk-through will be included. In addition, potential underground existing utilities will be identified. 2. Utility Coordination: Coordination with utility agencies (electric, phone, gas, and cable TV) shall be performed to collect record information. This Subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Design Drawings: Consultant shall prepare construction drawings which shall include: cover sheet, general notes, civil plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 2009 format and available As-Built Drawings. Consultant shall coordinate with the City in order to design the proposed reclaimed water transmission/distribution piping in accordance with the requirements and design standards of the City. Drawin s (four copies shall be submitted for City review at 50% 75% and 100% Stages. 4. Specifications: Contract documents consisting of "front-end" documents and technical specifications shall be prepared and shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at the 50% 75% and 100% stages. 5. Cost Estimate: At the 50%, 75% and 100% stages, Consultant shall prepare a detailed opinion of probable construction cost based upon the level of design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Opinion of probable construction cost (four copies) shall be submitted for City review at the 50%, 75% and 100% stakes. 6. Meetings: Consultant shall attend kick-off meeting and three (3) design meetings with the City and provide written summary of the issues discussed. 7. QA/QC: Consultant shall provide internal QA/QC reviews on the 50%, 75% and 100% Design Documents (e.g. drawings, specifications and cost estimates). LowsonBlvdFM-Contractl2/16/10 2 Phase IV - Biddin~/Ne~otiation Phase Consultant shall provide bidding phase services in accordance with Article III.D of the Agreement for Engineering Services with the City, dated May 30, 2007. Bid Advertisement: Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide 10 sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Demand Star Bid Submittal: Consultant shall furnish the bidding information to the City in electronic format to be used in conjunction with "Demand Star". 3. Pre-Bid Conference: Consultant shall attend pre-bid conference and provide a written summary of issues discussed. 4. Bid Clarification: Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 5. Contract Award: Consultant shall attend the bid opening, prepare bid tabulation sheets and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 6. Final Deliverable: After Contract Award, Consultant shall furnish the As-Bid design drawings, one (1) mylar set, one (1) set of AutoCAD (Version 2009) files and one (1) set of pdf files in electronic format on CD. Consultant shall also provide one hard copy only of the Contract Documents (i.e. front-ends and technical specifications). Phase V -Construction Administration Phase Upon completion of the final design phase, the Consultant shall submit Amendment No. 1 to this service authorization for approval of fees for construction phase services to be provided in accordance with Section III.E of the Agreement with the City. Other -Permitting At the outset of the Design Phase, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: (1) Palm Beach County Health Department (PBCHD); and (2) Palm Beach County for work within Congress Avenue R-O-W. LowsonB IvdFM-Contract 12/ 16/10 Permit applications shall be completed as required for PBCHD and Palm Beach County. Associated permit application fees shall be determined by Consultant and paid by City. ^ PBCHD Force Main Construction Permit ^ Palm Beach County Utility R-O-W Permit for crossing Congress Avenue (which is a County maintained road). In addition to preparing the permit applications for the appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: Attend up to one (1)pre-application meeting with the staff of each of the regulatory agencies. Attend up to one (1) meeting with each of the regulatory agencies during review of the final permit applications. Respond to request(s) for additional information from each regulatory agency. Other - Geotechnical Consultant shall furnish the services of a professional geotechnical engineer to provide subsurface investigations of the project area that will include: Perform up to four (4) standard penetration test (SPT) borings to an average depth of ten (10) feet. Evaluate field data collected and provide geotechnical engineering evaluation report. Other -Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the established project limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at 100-foot intervals and at major ground elevation changes to depict existing ground profile at proposed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the project limits, including physical objects, roadway pavement, railway tracks, canals, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. b. Location of all known above and below ground existing utilities: FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Reclaimed Water Mains (pipe diameter, TOP and valves), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm LowsonBlvdFM-Contractl2/16/10 4 Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim grate elevations), and all other accessible structures. This will include coordination with Sunshine and City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. c. Identify platted rights-of--way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 100 feet, at a minimum, to indicate centerline grades, edge of pavement grades, and shoulder grades, low points, railway ditch bottoms, and all right-of--way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated on the driveways and parking areas to indicate direction of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. • The above topographical survey data will be prepared in AutoCAD (Version 2009) format at a scale of 1 "=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. Other -Field Verification Consultant shall furnish the services of a professional underground services company to provide underground field locations of affected existing utilities. The work shall consist of measuring and recording the approximate horizontal location of affected utilities within the project limits. It is anticipated that approximately fifteen (15) utility locations will need to be pot-holed. ASSUMPTIONS Work described herein is based upon the assumptions listed below. If conditions differ from those assumed in a manner that will affect schedule of Scope of Work, Consultant shall advise City in writing of the magnitude of the required adjustments. Changes in completion schedule or compensation to Consultant will be negotiated with City. 1. City will provide Consultant record drawings of all available existing facilities and proposed facilities, which shall serve as the basis of design in this project. The information will be provided to Consultant within 5 calendar days of NTP. 2. City personnel will assist in field verification of affected existing City facilities. This includes marking in field (in a timely manner) existing water mains, sanitary sewers & laterals, force mains, reclaimed water mains and drainage in the field for the Surveyor in a timely manner. LowsonBlvdFM-Contractl2/16/10 5 3. Consultant can assume that all existing and proposed force main alignment is within City of Delray Beach and Palm Beach County rights-of--way. It is also assumed that the work will not encroach into the Lake Worth Drainage District (LWDD) Canal E-4 R-O-W. This Service Authorization does not include any permitting or coordination with LWDD. 4. City will be responsible for acquisition of easements (including temporary), if required. 5. Congress Avenue is a County Road. 6. City is responsible for all permitting fees, including costs of public notification in local newspapers. 7. The Contract Documents will be prepared as a single contract. No pre-purchase of materials and/or equipment is presumed. 8. A single bidding effort is assumed. Re-bidding of the project is considered an Additional Services Item. 9. City will be responsible for preparation of any descriptions, sketches and acquisition of easements (including temporary construction easements) that may be required. Consultant will identify the location and dimensions of any easements or temporary construction easements required for use of the City to prepare the easement descriptions and deeds. 10. Contractor shall be responsible for obtaining SFWMD Dewatering Permit (if required). 11. The design is to be based on the federal, state and local codes and standards in effect at the beginning of the project. Revisions required for compliance with any subsequent changes to those regulations is considered an Additional Services Item not currently included in this Scope of Work. 12. Consultant assumes that there are no contaminated soils or groundwater in the project area. ADDITIONAL SERVICES Consultant shall provide additional engineering services relating to the provision of surveying, geotechnical, sanitary, water, reclaimed water, and drainage improvements to the project area that are not covered under this Service Authorization. These additional services may be required due to uncertainties discovered during survey, soils, investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as-directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice-to-Proceed issued shall contain the following information and requirements. A detailed description of the work to be undertaken. A budget establishing the amount of the fee to be paid in accordance with the Agreement. A time established for completion of the work. LowsonBlvdFM-Contract 12/ 16/ 10 6 III. TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Refer to Attachment A for budget summary. En ing eering Services Survey Final Design Geotechnical~1~ Field Verificationl1~ Permitting Bidding Time per Phase 4 weeks 19 weeks 4 weeks 8 weeks Cumulative Time 4 weeks 23 weeks 27 weeks 3 5 weeks ~1~Geotechnical, Surveying, and Field Verifrcation will be completed during Final Design Phase. * The schedule is based upon conducting a review meeting within 7 calendar days after the City receives the design submittal. All review comments shall be provided to Consultant within 7 calendar days after the City receives the submittal. An adjustment to the overall schedule will be required in case the review meeting takes longer to be conducted and/or obtaining comments takes longer to receive. VI. COMPENSATION The compensation for services provided shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to the following not to exceed cost for each phase. Refer to Attachment B for budget summary. En ing eering Services Estimated Fees Phase III -Final Design Phase $ 32,724.00 Phase IV -Bidding Phase $ 5,295.00 Permitting $ 2,150.00 Surveying $ 8,801.00 Geotechnical $ 2,234.00 Field Verification $ 6,796.00 Out-of-Pocket Expenses $ 2,000.00 ~l~ Additional Services $ 15,000.00 TOTAL PROJECT COST $ 60,000.00~2~ Notes: ~llOut-of-Pocket Expenses include the following: printing/reproduction and postage. 1~1 Total project cost does not include the $I5, 000 for Additional Services (f authorized by the City). LowsonBlvdFM-Contract 12/ 16/ 10 7 This Service Authorization is approved contingent upon the City's acceptance of and satisfaction of the completion of the services rendered in the previous phase whereas 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 shall commence work upon City Commission approval and this Service Authorization to be included as part of the contract without any further notice to proceed. Approve by: CITY OF DELRAY BEACH: Date: Nelson S. "Woodie" McDuffie, Mayor MATHEWS CONSULTING, INC. Date: David Mathews, P.E., Vice President Witness Attest: Approved as to Legal Sufficiency and Form STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2010 by David Mathews, Vice President of Mathews Consulting, Inc., a Florida corporation, on behalf of the corporation. He/She is (personally known to me) or (has produced identification), Florida Driver's License and (did/did not) take an oath. Signature of person taking acknowledgement LowsonBlvdFM-Contractl2/16/10 8 4 Z W Q H Q L N ~ d O N ~ +~ m d C C ~ ~ C ~ U v d O Z v O a z a m N a~ Q 0 N = Ri L Q. 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RELOCATION DATE:12/17/2010 d ENVIRONMENTAL SERVICES DEPARTMENT ®®~ 434 80UiH SWNiON AVENRIE, UELRAY BEACH, FLOFl~A 3;1444 LOCATION MAP FILENAME 2011-040 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 29, 2010 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 AGREEMENT/ACHIEVEMENT CENTERS FOR CHILDREN & FAMILIES (ACCFI ITEM BEFORE COMMISSION Approval of the Agreement between the City of Delray Beach and Achievement Centers for Children and Families as anon-profit partner responsible for carrying out the services at the Village Academy Beacon Center. BACKGROUND The City of Delray Beach and the Community Child Care Center, doing business as Achievement Centers for Children and Families (ACCF), provide Beacon Center Services at the Village Academy. The City provides the ACCF $52,000 in support of the Beacon Teen Program. ACCF is responsible for providing detailed, narrative monthly reports documenting student and parent participation in compliance with annual goals established for the program. FUNDING SOURCE 001-4111-572-83.01 RECOMMENDATION Staff is recommending City Commission approval of the Agreement between the City of Delray Beach and the non-profit partner, Achievement Centers for Children and Families, responsible for carrying out the approved services and programs provided through the Beacon Center at Village Academy for Fiscal Year 10/ll. AGREEMENT THIS AGREEMENT, made this day of , 20_, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 NW 1St Avenue, Delray Beach, FL 33444 and COMMUNITY CHILD CARE CENTER OF DELRAY BEACH, (CCCC), d/b/a Achievement Centers for Children and Families (ACCF), 555 N.W. 4t" Street, Delray Beach, FL 33444. WITNESSETH: WHEREAS, the City desires to subcontract with the Community Child Care Center, a local not-for profit organization, to carry out the Service and activities associated with the Beacon Center at Village Academy Elementary School. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term: This Agreement shall commence on October 1, 2010 and terminate on September 30, 2011 with an option to renew annually. This Agreement shall be contingent upon the City's receipt of grant money from the Children's Service Council of Palm Beach County for the Beacon Center at Village Academy Elementary School. 3. Payment: Subject to Paragraph 2 above, transfers from the City to CCCC will be made in accordance with the following procedures: a. The total Payment for services rendered pursuant to this Agreement allocated through the Parks and Recreation budget in the amount of $52,000 for October 1, 2010 through September 30, 2011 and shall be made payable to CCCC in equal amounts of $13,000 on a quarterly basis. CCCC shall submit an invoice to the City by the 10t day of each month following the end of the quarter along with a narrative summary report of all activities carried out for the Teen component of the Beacon Center during the quarter for which the funds are requested. The City will provide reimbursement to CCCC within thirty (30) days after receipt of the invoice. The City has the discretion to decrease CCCC's allocation based upon the program's inability to meet the parameters outlined in the program model and/or the inability to maintain program capacity based upon quarterly reviews. 4. Reduction in Payment: Notwithstanding anything herein to the contrary, the parties agree that the dollar amount set forth in paragraph 3 above may be reduced in the event that the City determines that CCCC will not spend the entire amount allocated by September 30th fiscal year end. This determination may be made (a) during the course of reviewing a budget revision submitted by CCCC pursuant to the City's procedures or (b) based upon the City's monitoring of CCCC's program and its expenditure history. Before any such reduction becomes final, CCCC will be notified in writing of the proposed action and shall have the opportunity to address the City's Board regarding the proposed reduction. The decision of the City's Board on this issue shall be final. If the City reduces the dollar amount, CCCC may terminate this Agreement upon five (5) days notice in writing to the City. The City shall reimburse CCCC for all monies expended up to and including the effective date of the termination. 5. Overpayment: CCCC agrees to return to the City any overpayments made through inadvertence or miscalculation or because payment is disallowed as not having been properly earned under this Agreement. Such funds shall be refunded in full by CCCC to the City as follows: a. Within twenty (20) days from the date of written notification by the City to CCCC of overpayment or disallowance; or b. Within thirty (30) days following the end of this Agreement. c. The City shall have the right to deduct from any subsequent payment request submitted by CCCC, the amount of any overpayments or disallowed funds. 6. Suspension of Payment of Funds: The City may, for reasonable cause, suspend the payment of funds pending corrective action by CCCC or pending a decision by the City to terminate this Agreement. The City may, for reasonable cause, prohibit CCCC from incurring additional obligation of any funds received from the City, pending corrective action by CCCC or a decision to terminate this Agreement. Said suspension of payment of funds or obligation thereof may apply to all or part of CCCC's operations funded by the City. 7. CCCC agrees to comply with all CSC certification documentation requirements including, but not limited to: ^ CSC Nepotism Policy Certification; ^ Personnel Policies and Procedures; 2 ^ Job Descriptions of all funded staff positions; ^ Certificates of insurance (liability, and theft and auto if capital equipment or vehicle was purchased with Contractor funds); ^ License(s) to operate agency/program, if applicable; ^ Current list of Subcontractor's board members; ^ Sales Tax Exemption Certificate; ^ Service site(s) Fire Inspection Certificate(s), if applicable; ^ Service site(s) Health Inspection Certificate(s), if applicable Said documentation will be retained on file with the City. 8. The CCCC agrees to provide program data on a quarterly basis, and in a format as requested by the City, as well as fiscal reports as requested by City. 9. Indemnification: CCCC shall defend, indemnify, save harmless and exempt the City, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by CCCC or its subcontractors in the performance of the Contract except to the extent caused by the sole negligence of or breach of contract by the City. In connection with any legal proceedings arising hereunder, the City reserves the right to retain counsel of its choice and at its own expense, or in the alternative, to approve counsel obtained by CCCC. 10. Independent Contractor: CCCC is performing the services and duties required hereunder as an independent contractor and not as an employee, agent, partner of, or joint venture with the City. CCCC shall assume sole and exclusive responsibility for payment of wages to all employees for services performed by them under this Agreement. CCCC shall, with respect to said employees, be responsible for withholding federal income taxes, paying federal social security taxes, maintaining unemployment insurance and maintaining worker's compensation coverage in amounts required by applicable federal and state law. 11. Insurance: CCCC shall provide the City with Comprehensive General Liability Insurance in the amount of $1,000,000.00 per occurrence naming the City as an additional insured, with a thirty (30) days notice of cancellation provision. CCCC shall provide Worker's Compensation Insurance as required by law and Automobile Insurance in the amount of $500,000.00, naming the City as an additional insured. 3 12. Notices: All notices required hereunder shall be in writing and shall be addressed to the following representative of the part parties: For the City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 For CCCC: Nancy Hurd, Executive Director 555 N.W. 4t" Street Delray Beach, FL 33444 13. Termination: In the event funds to finance this Agreement become unavailable to the City, the City may terminate this Agreement upon no less than five (5) days written notice to CCCC. The City shall be the final authority as to the availability of funds. Notwithstanding any other provision of this Agreement, the City may terminate this Agreement for any breach by CCCC. If the City intends to terminate this Agreement, notice shall be provided in writing to CCCC no less than twenty-four (24) hours prior to the effective date of the termination. The City's failure to terminate or suspend a CCCC for past breaches of this Agreement shall not be construed as a waiver of its right to demand strict compliance with the terms of the Agreement or to terminate for said breaches or similar breaches, and shall not be construed to be a modification of the terms of the Agreement. In addition, CCCC and the City may each terminate this contract with or without cause provided that CCCC or City shall give sixty (60) days notice in writing to City or CCCC. The City shall reimburse CCCC for all monies CCCC has expended up to and including the effective date of the termination and CCCC shall do the same. 14. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County, forsaking any other jurisdiction which either party may claim by virtue of residency. 15. Entire Agreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior 4 understanding and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. Modifications to this Agreement must be made in writing and mutually agreed to by the parties. 16. Assignment or Transfer. This Agreement may not be assigned or transferred by CCCC in whole or part without the written consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor Approved as to Legal Form: City Attorney WITNESSES: COMMUNITY CHILD CARE CENTER d/b/a Achievement Centers for Children and Families Print Name By: Nancy Hurd, Executive Director Print Name 5 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 22, 2010 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 RESOLUTION NO.Ol-11 ITEM BEFORE COMMISSION Approval of Resolution 01-ll regarding the proposed charter amendment related to Commission terms. BACKGROUND The Commission, at its November 16, 2010 meeting, adopted Ordinance 40-10 proposing a charter amendment increasing the length of a term of a Commissioner/Mayor from 2 years to 3 years and reducing the number of consecutive terms from 3 to 2 (where the maximum number of years one is able to serve is not increased and is still 6). In order to place this charter amendment on the ballot for the March 2011 election the Commission must approve this resolution calling for the special election. RECOMMENDATION Staff recommends approval of Resolution 01-ll. RESOLUTION N0.01-11 A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION ON A CHARTER CHANGE TO BE HELD ON MARCH 8, 2011, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 40-10; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 40-10 amends the City Quarter by extending the terms of the Mayor and Commissioners from two years to three years and reducing the maximum number of consecutive terms the Mayor and Commission Members may serve from three consecutive terms to two consecutive terms; and WHEREAS, the City of Delray Peach desires to call for a special election on the matter; and WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special election and to provide all notices required in accordance with Article V, "Elections" of the Qzarter of the City of Delray Peach and General Law; and WHEREAS, the City Commission of the City of Delray Peach directs that the special election on the Qzarter change proposed in Ordinance No. 40-10 be held on March 8, 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitals set forth above are incorporated as if fully set forth herein. Section 2. That the City Commission authorizes the holding of a special election on the Qzarter change to extend the terms for the Mayor and other Commissioners from two years to three years and to reduce the maximum number of consecutive terms the Mayor and other Commissioners may serve from three consecutive terms to two consecutive terms. There shall be placed on the March 8, 2011 election ballot the following question QUESTION CHARTERAMENDMENT - LENGTH OF TERMS AND TERM LIMITS CURRENTLY, THE COMNffSSION MEMBERS (INCLUDING THE MAYOR) SERVE TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS (SIX YEARS). THE CHARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LIMITED TO TWO CONSECUTIVE TERMS (SIX YEARS). IF PASSED THIS AMENDMENT SHALL APPLY TO THE COMNIISSIONERS AND MAYOR ELECTED IN MARCH 2012 AND THEREAFTER. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 3. That the City Commission hereby sets the date of the election to be held on March 8, 2011. Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to take all steps necessary to hold the referendum as hereby provided Section 5. That this resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of , 20 MAYOR ATTEST: City Clerk RES. NO. 01-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for January 27, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of NE/SE 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on NE/SE 1st Avenue, NE/SE 2nd Avenue, SE 3rd Avenue and NE/SE 4th Avenue and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan for this event, budget, Economic Calculator and Hold Harmless Agreement. The estimate of overtime costs for this event is $7,665. Cost for the barricade rental is estimated at $150 and trash boxes $35. Based on the event agreement, the Downtown Marketing Cooperative is to pay the City 35% for all costs plus the full cost of barricade rental and trash boxes for an estimated charge of $2,870. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure, staff support as stated above, including barricades and trash boxes with payment of costs to the City per the Special Event Policies and Procedures contingent on the receipt of an updated Certificate of Liability Insurance. City of Defray Bea p~~uaYB~nc~ eciai Event Per i~ ~ ~ ~ ~ ~ ® ~~R Sp ~ Application DES 10 ~Q10 ~ r REVISED 11.21~MiNlS~'RATIVltiSiHVIt;ES PLEASE TYPE OR PRINT 1993 tool ~-- ` Event NamelTitle: ~' `~ ~ `~ U~~t~ Event Date(s): ~t ~~ ~~ Times: ~ V Requesting street closure: {I,f yes, need tixneldate fob Event SponsorlProdueer: ref History of Event Planned Activities Outline of aeti children's rides, games, otlicr prp~ yes ~ no 1 w~ (m~rem4r,~ ki ~~~~~ /nu ber of tivities, i.e. }: u~icC ~.t~l(~.t ... Page I of 5 Event ContactlCoordinator Page 2 of 5 Number of Individuals Served Previous Year (if applicable): Aesexibe tl~e targeted population and•expeoted Describe your MarlcetinglPramotians Sponsor Category (please check} (Howiwill you i.e. 'fV, City C~Non-ProfitlCharitable >~ Private o Co~ pansor -Nan-ProfitlPrivate Site plan attached: Yes--- n° (Site plan required for entire event sate. Include locations of tents, stage, portabts, d~trnpsters, portable lightxrcg, and barlricade lacatio~n if applicable.} ~~~ ~~! f~~ ~' c.~.,.a`'4 t9 ,~'~'~ f Rental of Old School Square: yes_ no ~ ~~~,r~-~--`-' (If yes, attach proof of approval) Rental of Old School Square Park: yes n (lf yes, attach praofr of rental agreement with Parks & Recre ) Private Property Use: yes na~ (if yes, attach letter giving authorization from pxoperty owner} Event budget Revenue & Expenses attached: yes no (It~equirerl for` atl events) 0 ati n X1Seimalsel~nalCORlisplspecial went Permit Appiicatian R!?VISEI] FINALFYIU-I1(2).doc (I. f Hart ;prat att~rclt proof of 50.~c(3), c(4), c(b}, C(1 D~, or• c(13-) or (d) . Event Location (Describe area boundaries of eventllacation}: C~ l Page 3 of 5 Previous year Revenue/EXperise summary attached: yes~_ no (Required far all events} Arts and Economic Impact Calculator attached: yes no Obtained an line at www.AmericansForTheAr<~ts.org (Required for all events except minor events and SK Runs) Do you have Dash sponsors for the event: yes no (Indicated on budget) Do ou have inkind s onsors for the event: yes ~ ~ no Y p (Indicated on budgetj~ Serving or selling alcoholic beverages: yes no~ If yes, what entity -s obtaining the Alcohol X,fcense pernut7 (~f yes, copy of lice~tse af~d rrlcolinl liability rrasrEra~tce regr~rirerl two (2) ~veeks pra<or to event) ificate of insurance attached: es ~ na ~ Event cent Y (.,RegtLired t1VU (Z) ~veeksprior to event n~mi~zg floe City as additiotzal ittstlrerl, also re~luired f©r vet>rdors) G~~ l~ s,.,~e.r, ,~Q.e.~a-u~ Pla 'n of am lifted music: yes no Yl g p (Waiver regr!sirerl} . Will there be entertainment: yes^~ no (If yes, attached list of Performers and/or DJ's} If yes, sponsor agrees all entertainment will be family oriented and contain rta obscenities: yes. na Requesting I'alice assistance: yes_~ no (traffic cantrolfsecurity} Will supplement with private security: yes no~_ (.I.f yes, neerlplan trttaclted) Requesting Emergency Medical assistance: yes ~ no Requesting barricade assistance: yes no (if no, haw are you handling?} Requesting trash remavallclean up assistance: yes~._ no {If no, how are you handling7} Requesting trash boxes/containers and liners: yes no Requesting stage use: yes no~,~ {.I,f yes, el~eck type) Large stage (14' x 3G'} 1~ Small stage (16' X 21'} D flalf small stage (8' x 21'} ~ X:ISelma~selinalCOR1LSPtSpecial Event Permit Application REVISED F3NAI, PY10-11(2).doc Page 4 of 5 Requesting signage; yes no Type: 4'x4'Evenf sin Parking Signs Banner hangin Indicate dates required_ _„-,,, (K'aiver required if mote tlran one (1) weekprio~• to event) ~~ u, ~ ~i ~~` dC~ ~~I~-~- Requesting City Portable Oeneratox: yes no~ (If yes, size & power) Food and beverage vendors: If yes, approximate axumbe~• (Health Department approval required} Other vendors: (Indicate type} yes no~ yes xlo eS ~ X10 Y Tents: yes, no .If yes, How orQny ~'~ Wlrat size or size required fD ' K /o / (If yes, tea'tt pernzifs artrl fire inspectio~ts 1~~ay be needed) Wi11 the event include amusement rides: yes no~_ (If yes, type a~tr~ lacativn a~:ri copy of liability insurrxnce req~tirerl, also requires state l%ense artrl inspectio~~.) Will the event be gated: yes no~ ----- (Show orr-site wrap) Will there be a charge for the evert: yes no (If yes, ifrrlicate ticket prices) $ Will there be #'~reworks or other pyrotechnics: yes no~„_ (I, f yes, carttact Fire Marshal to obtain a~:a' c©rsrplete permit applicatio-~} Will there be cooking with compressed gas: yes no~_ (If yes, contact 1~'ire Marshal for inspections) Wi11 you be providing port-a-lets for the event; yes no (If yes, locate on-site snap. If rto, indicate hoyv yoY~ will 1eaf~rlle 1•EStI•oof~i ;reeds) Is reserved parking requested: yes no^~ (.If yes, inr~'icate locatiofts and purpose far rese) X:1Sc1nnalSekna1G41t1tSPlSpecial Event Permit Appticat[on iLEVISSD FINAL FYIU-i 1{2).doa Page 5 of 5 Event Permit Attachments: Revenue/ExpenseBudgct Revenue/Expcnse Recap Last Years Event Site flan Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized, Submittal Date Requirements: • Minor Event 4S days prior to event • InterrnediAte Event 90 days prior to event • Major Event 120 days prior to event • Neigli<borhood BI©clc Party 30 days prior to event ~,.--_ . ~ f ~ ~~ ~ Event ContraetvrlC ordinato ~ Date Please print: ~VYX-~ ~~''~~ ~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1 s` Avenue, Delray Beach, Florida 33444. Required with pcrmit application, For Staff Use Only Date Received 1;~~~y~,r~ Application fee received .. X:iSelinalSeE~nalCOltR.5P15pecial Event Permit Application 1tEVIS6P FINIAL FYL©-I I (2).doc .~ A.. ~. ~ ~ r ~ ~ ff~ ~_ f~1 ~" N ~ 3 "~ ~ '~ ~ a. ~.. ~ ..~.tl `i ~ ~~~~ ~ 2nd 4V .. ~`.' ; R~ j J .. r 1 ~~ ~ } {~ ~ir4'H1.. ~' t~ ' ~~ iww. ~*~F~.d ~~ G Ri~~ ~~ t:'. W ~3.".` nS1..h j ~ ~i.A t ~# Eh'"J ~ F-r s~ '~.a 3... ~~ 3 j~ ~ 9., h f '1 ,...-.~rsrurn~s rt,1'~ w.-k~.««w ~ ..~,-,: ~'~r ~,~ ~.._ tai. ~ y.'~ ~~' r~ { ~+f; M.{ °~ - e ~ F ~. V. 1 ': t ~l ~ j~.. 11. ~ aJ ~ `.' i t `~ r ~ ~ ~ ~~ ~ s `~ ,~ k j'~ ~, ~° ~. ~~ ~ p I I ~~ ~Y ~##11^^4f ~ 9~N5~.~ ~ i ~, _ ~ t,y ~ Y ~'~''~~,r~~~ ~~ffr, ~ •~5~, E,r.,i-T,yi,~- ~'P'F~ 1. I Jam. ~ t3 ~` .L ~ ~~,~ ~ ~ ~ ~ ' ~ ~ ~~ ~ _ ~ ~ l~~y{t 7 U' "4i , :f ~ t~l ~i ~ ~~ 4t ~ .~.~ ~ ~ CIF w-~ ~. ~ .. ~ t ~ ~ a ~• :~ ~ y t' - 4 ' i~ t ~ ~ s N ~ 1 ~{ * ~' t ~~ ~ r . 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E ti. .~v. f~ ~_ ~ ~ ll yl ]gib: ~ f~~~ csril_ . ....... ... .... r ~, ~ ~~ ~~~ K ~~ ~ k 4 ~~ ` ~ ~ ~ ~ ~~ { ,, ' ~ , t ~ ~ 3 r ~ ~ Y ~~ ~ ~~ L ~ ~ ~~ ~~ y ~ ~~~~ ,. ~{ E .w~ j t N ~1.i' ` ~ ~. ~i:f I. L'L .{ ~ ~` L ry ~ _..... ~ _.. ~.. `~ C' '34. ..+E~~.1a ~ -. d" T 1 ~ ~ - r, r~~~ ~ L y {~ 3 "` 3 ?' ~ .~. r ~~ ,n C ~µ,'."~. ~~~ ~~ ~~- ~ + ~ { ~V n J {c,Y Z '~ i i,-: ~, ~ ',Wn ~tl. ~~ y,. 1Y! l~r -~ ;~ < ~~..~',?~' 1. ~# i r~»n ~ 3 F :' `"~ ' dr- "i ~ lid ~ +~ j ~` 1 ~ y, ~~ ,may yl.,` -' ~.». f i ti 4 ~ ~~~ L ~ ~ ~~ 1 '~ `~V,~~ ~ . W b ~ " ~4 ~, ~~*~ Y ~.. '~, V ~ a,A.~ fi1; ~N ~ " env kti; ~5 ,. v ``_ ~ ~~ ` ~ ~' .. ~_ ;,~ ~ i~ ~ ~ r, 3 ~ ~ ~'" ,~ ~ ~~~ ~ `~ { ~~ ~. b' ~ ~ „ * [ ~{ t k ~~ y 9 ' ±lt.' 1}re. _ _, k. ~ ,~ ~" y 4~ ,•~n .TS ~ ', ~ y ~~ ~. ~ ~ ~ ~, ~. ~_ }1 ~ ri'f S• p ~ 3 ,y, ~ ,; -µ 1 u:-. 22 ~ ~ }.~, x -e--, ,[H f Kit ~ ~; ~, Y zt t t t ~ n ~ ,~ s. ~ s ",: m ~ g, ~ ~ ~ _ ~ ~ t ~.~ z; .. ~ ~ ~. ... ~ 3 ,_ ,' h ~~ ~, ~ ,~~ ,}, ll ~. _ ,;~ f; ~ '~ ~; t~ `~'~ ~ ,--fie a ~~•~~~ --~~ s i r -n ~Gt l y= tt ~ ~i T 1~`f 4 ~ i`F~~ '~~.~ ~ ° "Cy. Ohl. [I~ ~%.. Y "~ ~` ~ 3~ ~ l~ ~ ^,~. ~, ~~i. ~ ~ . s>. a~ ~~ r~+,. ,h:.. ~~ , ~~~ ,~ Downtown Marketing Cooperative Statement. of Revenues and ~pend~lutes Income Admintstration . Co-ordlnatlng pee Sponsorship Miscetianeous T.ncorne Activities & events Income Tokai Adminiskrakion Pineapple Grove 8k Writ Atlantic Howard Aden Eirent Sponsor Rev Total Pineapple Grove & Vilest Atlantic Ark It Jazz on the Avenue Co-ardinahng Fee Sponsorship event Sponsor Rev Iota! Art 8k Jazx on the Avenue 3uly Fourth Celebrations Dent Sponsor Rev 4rher IrtcXame -Events Total July Fourth Cetrtbratlons December Holidays 8e First Night Sang grealciast Santa Photos Fltst Night i3utbons ' Oliice Depot Foundation gear Donattans Received rrvent Sponsor Rev Mercirandlse Sales Other Income -Events Total December Hnlldays & Flrsi: Nlghk General Promotions - Downtown Marketing Caoperatlva Ct3-ordlnatlng Fee Sponsorship . ~VentSponsor Rev Dther tnmme -1"vents Total Qerseral Promotions - Downtown Marketing Total Yncame Expenses Adrninistratton Salaries Payroll Tares . Unemployment insuranc~a Health insurance Retirement Fund Meeting$/Confenences Audit ~cpenses Dues ~ Subsaiptlons Weh Sponsorship Easp Malntaln Oiiioe Irqulp Danking Fees Merd~ant Account Fee Qltloe Supplies Computer Suppiles/Maintenance Printlng & Stadona~r . 2014 proposed 2009 Budget ZD09 Actual Budget i,Di 4120 352,OOR.gO 345,433.G4 352,ggtl.Oq 4283 DA# 8,1&q,Oq q.Oq 4900 ~R.aD x61.73. O.Oq 352,000.QD 35455.37` 352,ti(kD.OD 880 4165 O.qq 3,ODq.OR D.qq 4601 23,55R.g0 17;50D.OD 22,ODO.QD 73,550,00 2q,500.00 22,0OD,g0 862 4120 O.qO ~ 6#D.DO ~ 0.00 4figi _109,1OR.g0 ss,lga.gq .aS,iDD.4o 109,100.04 45,7'OO.OD 75,10D«#0 865 4sD1 sS,zoR.oD 78,20a.aD igg00.0o 462# SDD.gD O,~qO 500.Oq 65,70D.00 78,208.OD 70,5QD,D0 868 43511 O.OR 4,740.00 4,80#.qD 4355 0.00 5,450.00 6,500.80 4360 0.00 14,320.0.0 18,g00.g0 43x5 0.00 1,2$#.OD 0.00 4501 20,t1t10.00 la,4S6.5q 2D,gDD.00 4541 14R,t1RD.Dq 16(1,55D,RD. 14D,gOD.00 9606 O.flD 12,555.94 I7,2DO.R0 462# 2a,,500.D0 „~I.,UD p.00 188,600.00 _ 229.45x.39 206,50D.00 8G3 412fl D.OR SRO.OD O.OR 4641 0.00 4,DDR.00 7,5DO.g0 4620 4~ OUD~DD 550.OD O.OD x,000,00 5,050.00 7',5D0.00 yxz,860.Dq 7~77,366.7~8 7'33,600.00 101 5DD1 255,230.D0 252,108.54 263,3fi1.D4 5101 23,Oi0.D0 18,498.94 20,078.00 5105 O.DO 280,3D xOD.OD 5111 26,560,00 24,057.26 30,485A0 5115 21,765.gR 22,719.15 26,245.D0 5121 7,640.DD 4,851.04 x,ODO.I#! 5201 2,85q.OR 3,554.00 x,550.fiC? 5285 552.00 1,296,10 i,3RRA0 5216 O.DO 620.OD 62q,Ofl 5221 q.00 85.86 lOD.00 5224 314,04 1,122.85 1,100.D0 5225 0.00 918.35 1,0©D.DO 5231 O.OD 1,812.34 1,000.00 5232 75D.0R 357.41 750.40 5241 3,245.00 '2,348.51 1,RD0.00 l3avtnto~rrr Marketing CAOperative SEatement of Revenues aril Expenditures . 2010 Proposed ~~'~~~~~~ 20g9 Budget 2(109 Actual Budget Telephones 5245 3,940.04 3,702A0 3,7fl0.04 In~raru~ 5301 4,34D.fl0 4,652.49 ~4rfi5fl.D0 Workers' Cornpensadon 5343 0.00 1,111.5U 1;968.QD 7anatartal ~ t34dg Main( 5311 0.00 15.37' 0.04 Mist Adrnln Expenses 5911 2,014.Ofl 1,529.5 1,Oi1DA0 MEsc 20fl8•Expenses' " 5999 0.04 (x,386,44) 0:04 A+hrards & Recagnltlans -Events 5105 6.44 42:44 0.00 Contratt Services 611D 0.00 2,190.40 4.qD Mf~e]laneous Fxpetues- Events 5141 O.DD 3,54D.04 4AQ Supplies Purchased -Events &171 DAO 3,297.3© 0.0(} Travel, Meals >~ Meetings -Events 6175 0,~,~04 779.16 O.flD Total Administration 352,180.QQ 351,563.39 385,2.07.0{I Pinea}ipta Grave 84 Was# Atlantic SBb Meetings/lonFerences 5121 4.40 18.82 D.00 Qli{ce Supplies 5231 q.4D 13.41 0.44 p~~ 5235 D.fl4 13.81 0.00 lids, Marketing & S{gnage -Events 5101 ~ D.04 1,544.27 1,000>4fl Awards ~ Reeognltlons - gents 6105 1,fl04.Ofl 800.4D '8fl4.q[1 Contract 5ervloes 5114 17,554.D4 x,396.50 12,540.4q []esign & typesetting -Events 6115 2,4DD.fl0 175.73 2,Sfl0.44 Mlsoellane4u5 Expenses -Events 6141 0.00 16.50 D.44 Photography & Filrrt Expenses -Events 6145 4.OD 59.13 fl.4D Pr{ntlng Exper~s -Events 6151 3,40D.44 1,193.77 2,i144A0 5t~ppfleS Purchased ^ Events 6171 D.flO 685.99 1,040A4 _ Travel, Meals & Meetings -Events ~ 6175 0.44 19.17 204.40 Total Pineapple Qrove & West Atlantic x3,550,00 8,936.7<y 20,0tl4.Oq Art tk ]aix on tha Avenue 86x Meetings/ConferEnces ~ 5121 0.00 3DD.18 0.00 Elrent Fees - 5207 ~ D.4D 340.04 OAfl Web Spvn9orsh{p acp 5216 0.00 155.00 0.4fl Otllce supplies 5231 D.40 55.76 ~ 0.40 Pubiidty & Public Relagons 5621 4.44 354.D0 0.00 Ads, Marketing ~ Slgnage -Events 6101 4,540.40 550.44 3,000.00 Awards & Recagnidons - ~rerrts 6105 0.00 140.40 O.i10 Contract Servlaes 6110 72,640A0 56,959.21 42,800.40 f3eslgrr >kTypesetting • Events 6115 1D,040.D4 11,374.55 10,000.00 Eqv{pment Rental /Lease 6135 18,Og0.40 19,580.45 15,000.40 Venue flcpense 6131 4.00 532.50 0,40 Misoeilaneous i-~ - >;vents 6141 0.00 90D.44 i,40D.00 Photography & F71in Expenses - ~renCs 6145 2,4D0.04 4.4D 2,000.00 Supplies Purchased -Events 6171 5(10.40 1,424.5D 30D.00 Travel, Meals ~ Meetings -1~vents 6175 140.00 O.flO 100.00- 'x ot:al Ar# & Jazz on tha Avenue ig7,700,00 g1,997.i5 74,600.00 July Fourth Celebrations 885 contract Serylces 6114 66,OOD.04 46,644.52 s2,10D.OD E?eslgn B~Typesetting -Events 6115 .1,500.04 2,D$7.42 2,000.4D Egnitxnent Rental /tease 6125 54D.44 20,545.23 504.40 Supplies Aurdrased -Events 6171 1,000.0D 449.81 500.00 Travel, Meals 9~ Meetings -Events 6175 1,fl40.04 323.21 500.{10 Total ]uly Paurti+ Celebrations 70,400.00 70,05x.19 65,600.00 December Holidays & First,t~ligh# &66 i]owntown Marketing Cooperative Statement of Revenues and Expenditures AP~RO'll!'~~? Meetings/Canferent~5 Oflirs Supplies Postage Telephones Insurance Sales Tax i=xper~es MEsoeifaneous Economic Marketing Dcps First Night - Gty Reimbursable 1st Mite Suctions - Sald Cs,nslgnment Item - Sofd Ads, Marketing Pe Sfgnage - gents Awards & Reoognitlans - gents Contract Services ' gesfgn S~ rypesettlng - Etirents Equipment Rentai /Lease Venue Expense Misceilane4us Expenses -Events Pi~otography & Flim Expenses -Events 5aEes Expenses -Merchandise Supplies Purchased - I~repts Travel, Meals a3'L Meetings - E=vents Sponsorship Expense Total (December klaildays & First ]Night Howard Alie=n Sponsorship Miscellaneous Ekpelises -Events Total Howard Allen Spansarship General Promotions - Dvsrrntown Marketing Caaperatlve ques & Subsa'€ptlans E=vent Fees . Adivlties 1st Events dense Ads, Marketng &Sfgnage - Llrents Contract Services peslgn ScTypesetUng ~ Events Equipment Renta! /Lease Mlscelianeaus 6cpenses _ Events Phoingraphy & Film t3cpenses - events Printing Dcpea~ses -Events Supplle5 Purt~ased -Events Travel, Meals 8c Meetings W >=vents 7ntai General Promotlosts - i3owntawn Marketing Total Expenses Excess n! Incatne aver ~lediture8 20f.0 Prapased 2009 9udget 20D9 Actual -- - IDudget ~ .. 5121 0,00 98.58 O.DD 5231 O.OD 83.05 0,00 5235 0.00 10,76 0.(!0 5245 T00.00 D.DO 0,00 5301 O.EiO 106.10 O.OD 5322 O.OD 532.84 532.00 5731 ~ O.DO 6,939.50 OAO 6000 D.00 50D.00 500,00 5465 OAO 18,599.25 18,0OO.OD 6410 0.00 1,280.fl0 O.DO 6101 8,500.00 2,649.4D 3,0[)0.00 6105 2,500.00 3,347.23 2,500.00 6110 85,40D.OD BS,242.95 84,400.OD 6115 6,50D.00 12,582.60 b,500,00 6125 7,000.00 &,788.39 7,D00.00 6131 0.00 7,087.58 O.OD 6141 0.00 4,740.x4 5,OOD.40 51.45 50D.OD 650A0 500,00 5161 0.00 5,4SD.OD 6,450.00 6171 25,000.04 25,292.97 ?5,000.00 6175 7,500.00 4,496.30 7,5DD.00 6190 30,000.00 .3D,04D.00 3D,OOD,00 1.73,600.00 217,577`.65 196,SBxAO 858 6141 _4,0OO.OD „ 9 008.00 0.00 a,aDa,ao 9,aoaoo o.oo 869 5205 0.00 150.00 0.00 5207 0.00 45D.00 0,00 59D0 D.00 3,010,OD 0.00 6101 0.04 (1.70.25) 0.00 6110 0.00 3,25D,82 6,ODD.00 G115 O,OD 1,192.x0 50D.00 6125 0.00 4,455.71 O.OD 6141 0,00 711.73 500,04 5145 0.00 350.00 0.00 6151 0.00 843.48 500.00 6171 0.00 737.99 0.00 6175 0.00 128.44 0.00 Q=011 14~,~„711.22 7.ia00.D0 „731,030.00 763,838,30 729,7$'9A0 1.1,820,110 13~527.4ti 3.811.00 1t~tarrt~atiUt~ STEP 1: POPUE_ATEON POPt1LATItJN of your community: 5f],i30Q ko 38,399 STEP 2: TOTAL EXPENSES (optional) Your organization's TOTAL. EXPENSE=5 (please do not use commas): g 12000 STEP 3: TOTAL ATTENDANCE {optional) TC3TAL ATTENDANCE to your organization's arcs events {again, do not use commas): 15000 caEculate reset ~'afal k.cc~rtcatt~ic iltai~act C}t: Total ExPenclifures t-loUSehnld t_ocal Siaie 1=Tt.loi~s hlcorna Governntonl Government Revenue 12evenucr Nonprofit Arts and Culture $92 tIp0 fl.4 $7,891 $409 $467 Organizations , Nonprofit Arts and Culture $339,750 9 $137,816 $93,495 $15,$15 Audiences, Total Industry Impact: $359 75Q 904 $16,282 9.3 $145,707 $13 !That Srtnt of 4rc~anixallons and Audiences) , , Print Yaur Results Please see the me r' below, CJrtifnition~ Total Exl3endiktrres: "3-he tout dollars spent by your nonprofit arcs and cutitrro organization and its audiences: event-related spending by arts and culture audiences is esiimaied using the average dollars spent per person by arcs evont attendees in similarly populated communities. Back to Caicuiato~ FTF Jobs: The total nnmt3ar of hdl-time eytrivalent (FTt=) Jobs In your community that aro supported by the expenditures rrrade by yarar aris and culture organization andbr its audiences, An FTE can be one teltl-lime employee, 1t.31o haft-time en3ployees. four employees tvho tvortc quarter-tln're, etc- Back to Calculator Flouseholct hscome: The total dollars paid to community residents as a resin! of the expenditures made by your aris and culltrre organization andlor its audiences. Household income includes salaries, wages, and proprietary income. Bank to Calculator Government Revenue: The total dollars received by your local and state governnvents {e.g„ license Zees, taxes) as a result of the expenditures made by yotrf arts and culture arganizatiorr andlor its audiences. Back #a Calculator When r:sireg esGntales derives! from tEris calculator, a€v~ays keep the tnlbtving caveats in rnirtd. t1? ttte results of Ibis analysis are based upflrt the averages o[ similarly poptalaled communities, {2) inputloutprat rnodpis 5vere etrstomized for each of lttese sinritarty populated communities, providir3cd very specific employment; household income, and government revenue data, and (3) your results are therefore eslin3aies. and sttould not be rased as a substitute for conducting an economic impact study Eha1 is t:ustamizr3d for your rommanslty. O Copyright 20r}7 by Americans fat fife Arts. www,Amerlca nsForTheAris.orA ~/" ~--1 U ~l ~~ HCI~,I~ ~ftM"C~F~S AGR~~II~NT T]El~[S gOLn l~'AR1ViI.~S AQRIi:~iV~~N'~, is er-Cere~ intro ~ ~, day t~f 20~,~ by and between the CITY O~ X?ELR~,`St" T1LAC~, x+'~,t}R~UA, ~ Florida 'cipal corporation f [h~erei~za~ex r~~erred 'to a~ "QI`I"u") and „~~, Gyll`~'D~1N ~ _,._ {C.~~~t~ C6~~~F~~TI~E~ ~ (horeinaf#er xe£erred #o ~ss "I~ +'3[~T S~*4NSt91#,'~. ~7VIT~'LSSE.TH:. '~Yklla~AS,, J~~N`~` ~P+aN~On seelrs to bald a special, evant knovr~k as 2~- do be held oa .~r4 ~(1 ~~-12. ~f ~.'r ~~ E ~ ~he'reina~er ~e~exrecl t~ as tlt$ `-`l~vent")rand `~'HI~It~As, the went will ba Ikeltl within tike City limits o~'.Delray Beachy dad WAS, the City Commission has defe~nuined tl~ti such ~. ~ve~,t pmm;ates tY~e publirF's heap, safety. and welfare, l`IO'ti'~, x~RE~'Ok'~, fir the mutuai covensnts and matters set forth herein, as t~f flee date het foxkb. aboveLthe-paxties hereby, ~gxee as follovrs: 1. The recitations set forth above are incarp~rated herein. 2. Incle~uif~cation. E:VL1~ I;pON~OIt, ~'or good azad valuable cgnsiderati~ot~, agrees to defend, indcmnify, a~t~i bald harmless tike C~TS~, its aget-ts, nfhears; employees and s~rvrm#s from ~- arld all suits, causes bf action ar -any claim whatsoever z~-.ade, anal dateages, which may zcsuit from any activity eAndt~ctecl by l~Vlii~T' SPONSOR, its agents, e~plpyees, assigns or contractors, auk zelation~ to t~.e Svent. 3. nsuraxtce. E'VI~NT SPONSUI~ shall obtain i~urance covering the went iri the amoUrats arxd o1'the typ$5 spect~ieti in Ea~hlbxt Y`A" attached hereto which ~ incorpozated herein as if fatly set forth. 4. Govearni~t~ IavY~; venue. This agree~uent shall ha governed by the lags o£ the ~fatc ~ p'Ioxitda~ ~.ny pxcir~cding initiated to etrifarce the provisions o£ this agreement shah 'be brauglat in the 8t~te Qr iiederal'couxt~ located.in palm Beaah CouEnty~ Florida. 5. ~3i~ciin~ }~££e_t=t. All of the~#srms and prowi~iona Qthia Agreexne~t shall b~ binding upvan, inure to the baneht s~f, and be enforceable hy, the paErtie~s. lZe~ato and tl>teix respective hez~rs,. successors, legal r+epreserktativcs, and permitted assi~. +5. ~uh,~'rereemant. T~-is Ag~reez~aent shall cor~~itu-te the entire agreet~ept. of tb;~ parties with respect to the subject matter o£ it. All prig understandings ~a~d agxeements between the parties vrrith reslaeef to sash matters aze merged ix~ this.A,~caernent, which alone filly and completely eatpr~sses their understapdiing, ~. ;A.xnrsradments. Tl-is Agree;mantmay nt~t be amended, maciiiled, alteared,~or changed in any respect, except by a i'urthsr agreement in wring duly ~xeaui~d ~by each of ~klte parties hcxeto. $, xl~tr~ P~r~tiie~. Nott~in~ in~this A.~cement, r~vhether exg~ress or implied, is intended to confer any rights vx remcdics ,~.xader ox by_ reason afthis A,grcemcant upon any per~or~ outer tli~ the parties hereto and their respective heiucs, successors, legs[ represehtatii~es, and putted assigns, Hoar is anything In t~ A.gteement intended tc~ xelieve ar discharge the obligation or liability 4£ any third pcrsa~ to any party tea! this Agreement, nor shall any provision tlaerca£ give au~- third person any right a£ subrogation. or action over or aga~t any party #~ this Agreement . , Its W~'~3~1EfiS VYHERE+C~F, ~e parties fi~etd have entered intt~'~his agreeznen€ the 11ay atxd Y~ first written above, A~'EST; CITY OR D~i~RAY 33~A~.CH, F~,[~~.DA, • a Florida ant~tsc~pal carpa~aticizl ~~: By: City Clerk ~ ~t~el.enA ~. Mo~7u~£ie, NCa3~or ,~ , ~,Fproved as tea Form; By: City Attorney ~V'I'I~TESS~S: f -- -- 9- jprillt ox type Henze) - ~~~6~'lC.it1Y1 e.~~,VI+IYVI G~ jYIC~,~. (print oz type ngcne) STI~'l~ OF F~,p3t1~7A. COUNTY OF~ca~-~ The farega~g ~ ent afficer or agent of ~~ ~ ~ ~ S - B. ~ ~ ~ ~{ ~pr~t r~~ type namej ~ ~ !~ E C , ,~~~'';: ~A'~F2fCtA LYfdfr F~~~p f ''~ :' NfY COAIMI55tOf~ # €3q?'97599 L •,,q~ + ,r`` J=f(P1RES Juno 15, 2042 tarrryssa•oies fluritlaftvfary3crvlca,COM vans as awledged before lxao this ~ day o~ r<nanate of a~aEr ax agent, t~tie a~ ~~ ' ~po - {name p~ catpbratiz~ri acimawled~.ng), a iaY' ~ (state or glac~of.in zp~lzati r!)'coxpora.~ia~, an betiaif of ~e corpslzutit~n, ~~JSlre is person~l~ k~avvn ~s~ac7 az lYas produced (type o~ idonij cat#az~ as i. enti~catian. and did (did ~ take apt aat.}l. ~_ ~~ c.~ 1l~<-~--¢- ~ignature ofNofary ublic- State o£Flarida 3 xuawu.ta ..~ ~~ ,~ , ~ISi[IB'~~ 1~;~~~iV~~TS U.h`''~ Cx`X"~ ~OF D~I.~Y BEAD I+'Y'.ENT ST~O1~Spl~ shall'ngl et~~ner~ce opexatiosjs under the #ertns of this Agreement ~til aer#ificatio~n ar goof of inst~ranea, detailing terms and provisions of eaveza~e, has bean. received and approved by fhe City a~' Delray Beach Risk Manager. If you havB any ciuestions call (S6l) 2~F3~71~4. 'T'he followingsnsiuance coverage shy be rec]tiirerl. ~,. ~oriGeris Compe~,saiaan. Lastzec, as wired by law, covering all employees aid providing ben~eiits as set forkh in .Chapter ~4t1.# Florida Statutos and including E~7~nyars Lialaiiit~r coverage, rotlirs~ of the s#ze' of :your ~'S~~ SgOi!TS~3~i, ~rther ~e~ to bo ~resgansible far emploxul0nt, coutro# and conduct of its employees and for any inju#y st~sta~ined by suet employees is the cautse az~d scope of their ~empinyxtxen#. B.. •Cnmpr~hensi~re corczmercial ge~e~ liatiilify insiiranoe to include an^vr~~a,ge .for premises. a~ ~op~r~ians,~ igctapend~lat contreetors, hro.~d fog conbtactual lilit3; p~rsor~l ~~~ and?~~j~te.~.s a~a• sold, pros~u~t5 andlor Ilc~lupt Iiab~~, in casi~zectxtxz~ wig tlta caatraal zel~atianship anil•RCt'tviiles~being d~oue ur~de~r this a~reercte"t:' a 'bi` c~' ~#a ia~r-~ de- a o£ eira. .a~ad The i~swrar~cc will be wtitte~ ~pnan oce~uca ~-aeis'witl~ the ~im~its of liability ztnt less than $1,~0i},OUC1,q.U conabine.tl. si~gla l#xnit per acoruxence, and as an annual.aggregate, coYerllptg;ba~y#~jw~y, ~prbperty damage and pexsonal i~wry, C. Motax, ~Telu~l~ T~a~ili~, I~asur~~e cavsrin~ all vehicles assflciated nth the . Licensee's~o~er'atT~z~s to incl~i~;p.~l ~ow:aetix nor--eav~ed~artd 1~re#1'vEhioXes. .E a~~If~ ri~S.~4 ~• ~. 4 The co~rerags will b~; var~ttsn on' iw. nccurrez~ca basis with liz~ts ,of liability not less than ~ 1,a4Q,t30b.00 eombimad single limit per each oe.currence. tt. .~ s ,.::„:.•:..c T). 'The certiS.catian ~ p~oo~ al' insurance west rx~ntain a Trro~vision far txot~cablart to the Ci 0 dsys ~In' ~¢vance• of at-y m~.ter[al chance in coverago, nan~ ty 'gym' ( ) - renawa#. or car~ilatian.... ~ ,_~•: _ . ~VIrNT ~PAN~OYt shall furnis~,~ to„tli~e :pity, ~;Caxtifiaate(s) of inswranee evid~nc~ng ii~;suranca requi~rtcl by ~.~ proviszQus set ~'az~x abovo, days pxior tit the balding of the avant, If so ~requESt~l bX•th~ ~~t~r, crztifiecl copies of insurance policies will be provided by ~'S~NT SP~D~tS4~.. _:~ ,;,,~. ~ ~ . xf any of theabove coverages' ez~}iiira duxing the term of this agresznant, ~VTNT SP+~1NSt~t will provide a renev+ral cgrt~',iCate ~at leaat tam (1 i3) days pricar tc} e~tlsiratir~~, 1VYai1 to. Ct~ of Delray B~~#S, A.ftn, Ilistt Manager, x44 l~.'4tt. 1'~- Aveaue, }?dray Tt~ae~, FforFda 33dAd wEt~ a eopy.~t~ Assistastt C1ty ZYtanag~r;A[!t9 N.'W. 2" ,~.vnt~ua,~elray ~eacT~, ~lorid~ 33d~4 ~nauq,nra proY SP deist FOi2Ivl.~gt ., i , , ~... ~ ~ , ;;-, MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 14, 2010 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 SPECIAL EVENT REQUEST/14TH ANNUAL DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 14th Annual Delray Beach Craft Festival to be held on February 26 & 27, 2011 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the use of NE 4th Avenue, two (2) blocks north of Atlantic as well as use of the north end of Hand's parking lot for vendor parking, and to authorize staff support for security and traffic control and to permit an event sign be erected on Atlantic Avenue just east of I-95, fourteen (14) days prior to the event per City Code. BACKGROUND Attached is the event permit application received from Howard Alan Events, Ltd. for this event. Also included are the site plan, event budget and economic calculator. The City is requested to provide Police security and traffic control for this event. The event sponsor will provide vendor management and set up, site clean up, barricades, port-o-lets and dumpsters. They will also provide their own event sign. Estimated overtime costs for the event are $5,000, including Fire inspection services, which will be required for vendor inspection. Cost may be reduced if the vendor utilizes private security for night time coverage. Per event policies and procedures, the event sponsor is responsible for payment of all City costs. The event producer has submitted a copy of their Liability Insurance and Hold Harmless Agreement. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit for the street closure, and parking lot use, and approval of staff support for Police security and traffic control, as well as Fire inspection services with the sponsor paying all overtime costs. City of Delray Beach DEIRAYBEACH S ecial Event Permit P ~01~ Application ~~~ ~~ 201 PLEASE TYPE OR PRIN'~}MINIST~A~iy~S~~ViG~S~~~3 Zaof Event Name/Title: 14th Annual Downfawn Delray Beach Craft Festival Event Date(s): 212612011-212712011 Times: Saturday and Sunday 1 QAM-5PM Event SponsorlProducer: ~own~town_Dev~IQpment Authority Event Contact/Coordinator: Howard Alan Events /American Craft Iwndeavors Name: dyne Stillinas Address: 9b95 W. Broward 13ivd Plantation,l=L 33324 _ Telephone Number: 954.472.3755 Cellular Number: 81.3.-G00.. -7688 E-mail Address: info@artfestival.com Event DescriptionfPurpose: Outdoor Craft Festival Annual, cultural and community gathering appartunit Brief History of Event (If applicable): This ~s the 14th year this festival has been serving this community Planned Activities (Outline of activitieslnumber of activities, i.e. entertainment, children's rides, games, other programs): Varied craftarsexhibitin and selling their hand-made items Number of Individuals Served Previous Year (ifapplicable): X000 Describe the targeted population and expected attendance: expected 4000 Local residents are tar. eci ted population. Serving or selling alcoholic beverages: yes no x (If yes, copy of license acrd alcohol liability insurance required trva (2) weeks prior to event) Evant certificate of insurance attached: yes x no (Required two (2) weeks prior to event framing the City as additional irrsrrretl, also required for venrlors) Playing of amplified music: (Waiver required) yes no x Will there be entertainment: yes no x (IF yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities; yes no Requesting Police assistance: yes x no (traffic controUsecurity) Will supplement with private security: yes no x (If yes, need plafr attaclierl) Requesting Emergency Medical assistance: yes p,~no x Requesting barricade assistance: yes ~G~ no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no (Will be billed to sponsor} x Requesting trash boxes/containers and liners: yes no x Requesting stage use: yes no x (If yes, check type) Large stage (14' x 3b') ^ Small stage {lb' x 21') ^ Half small stage (S' x 2l') Requesting signage: yes x no Type: 4'x4'Event sign x Parking Signs Banner hanging Indicate dates required (Waiver required if more tt:an one (1) week prior to event) Requesting City Portable Generator: yes no x (lf yes, size & power) Food and beverage vendors: yes x no If yes, approximate nnmbel. 2-3 applying for permit {Health Department approval required) yes applying now no C:1Dacuments and SettingslLisilDesklopl5peciat >~vent Permit Application FINAL 9.6.(f7.doc Describe how the program or project addresses community needs: Providin a free festival withcrafters ran in in mediums from 'ewerl to scul Lure Acts as a communit cultural and civic even#. Describe your MarketinglPromotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth and flyers Sponsor Category (please check) City ^ Non-ProfitlCharitable €x Private ^ Co-Sponsor -Non-Profit/Private ^ (If Non profit attach proof of SOIc(3), c(4), c(G), C(10), or c(I9) or (d) ~1~f~1 Event Location (Describe area boundaries of eventllocation): NE Ave from ~~ 1~.~ 7~ ~.sZ~ ~1.~a.a,c~-. Site plan attached: yes x no (Site plan regaiired for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no x (If yes, attach proof of approval) Private Property Use: yes no x (If yes, attach letter giving authorization from property owner) Event budget attached: yes x (Rerlrrl~red for all events) no Previous year Revenue/Expense summary attached: {Required for all events) Do you have cash sponsors far the event: yes. (Indicated on budget} Do you have inkind sponsors for the event: yes X {Indicated on budget) yes x x no no no C:1Dacuroents and SettiugslLisilDesktoplSpecial 1~venl Permit Application pItJAL 9.6.07.doc Other vendors: yes no x {Indicate type} Flame retardant canopies yeS x no If yes, How many 100 What size or size required 10' x 10` (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides: yes no x (If yes, type and location and copy of liability instrrance rer~trired, also requires state license and inspection.) Will the event be gated; yes no x (Sl:o~v on-site n:ap) Will there be a charge for the event: yes no x (If yes, indicate ticket prices) Will there be fireworks or other pyrotechnics: yes no x (If yes, contact Frre Mtrrsfial to obtrdn and complete perrrrit application) Will there be cooking with compressed gas: yes no x (If yes, contact Frre Marshal for inspections) Will you be providing port~a-lets for the event: yes x no (If yes, locate on-site wrap. If no, indicate how yorr will handle restroonr needs) Is reserved parking requested: yes no x (If yes, indirafe locations and parrpose for use) Event Permit Attachments: x Revenue/Expense Budget x RevenuelExpense Recap Last Years Event x Site Plan Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof ofNon-Profit Status x General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement Submittal Date Requirements: • Minor Event 45 days prior to event • Inkermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event C:1Documents and settingslf.isill7esktoplspecial Event Permit Application ['lt*iA€, 9.G.t77.doc v~4/lo Event Co tractorlCoordinator Date Please print: Howard Alan Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. lst Avenue, Delray Beach, Florida 33444, Required with permit application. For Sinff Use Ot~dy I ,~. Date Received `~/~6 f ~U Application fee received ~~ C:1Doeuments and 5eitingslL.isilDeslctoplSpeciai Event Permit Application FINAL. 9.ti.07.doc 13th Annual ^owntawn Delray Beach Craft Festival February 26th & 27th, 2011 N.E. 1st Street ~cpen) xxxxxxxxx ~~~ o ~ ~ ~~ ~ 2 ~xxxxxxxx .~-. i-95 Ea;sfi Atiat~ic avenue open} Beach ...~. S.E. 1st Street ,Bypass (open) -__ ~----~ ~ Represent booths •~~_ -trot actual amounfi or scale S,E, 2nd Street American Craft Endeavors Delray I ~~~~ ~r AmerECan Craft Endeavors 14th Annual Downtown Delray Beach Craft Festival February 26 & 27, 2011 PROPOSED BUDGET FOR FEBRUARY 2011 Income Number of Crafters Number of Food Vendors To#al Revenue EXPENSES Advertising Palm Beach Post South Florida iVewspaper Sun Sentinel Advertising SubTotal Services Permit Signage Sanitation - Por#olets Sanitation - Dumpsters Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel Two Million Dollar liability ins policy Administrative Overhead Service SubTotal Total Expenses 110 Crafter Revenue $18,700 3 Food Vendor Revenue $1,049.40 $19,749.40 Expense $1,850.00 Expense $500.00 Expense $2,700.06 $5,050.00 Palm t3each County Expense $150.00 AA Sign Lines Expense $750.00 United Site Services Expense $550.00 Southern Was#e Sys Expense $7'75.00 Tents 4 Events Expense $950.00 Bob's Barricades Expense $300.00 City Of Delray Beacl Expense $1,060.00 Tents 4 Events Expense $450.00 Expense Expense $25.00 Welayne 5tillings & :Expense $1,677.80 DDA Expense $3,000,00 Expense $200.00 Expense $650.00 telephone, mailings, Expense $550,00 $11,087.80 $1B,137.t30 Show Profit $3,611,SD American Craft Endeavors 13th Annual Downtown Delray Beach Craft Festival February 27 & 28, 2010 PROPOSED BUDGET FOR FEBRUARY 2010 Income Number of Crafters Number of Food Vendors Total Revenue EXPENSES Advertising ; Palm Beach Post South Florida Newspaper Sun Sentinel Advertising SubTotal Services Permit Signage Sanitation - Portolets Sanitation - Dumpsters Sanitation Barricades Security Rentals Graphics for advertising Payroll Rental Property Lodgings and meals, travel Two Million Dollar liability ins policy Administrative Overhead Service SubTotal Total Expenses 110 Crafter Revenue $16,500 3 Food Vendor Revenue $1,049,4Q _ $17,549.40 Expense $1,600.00 Expense $325.00 Expense $2,700.00 $4,625.00 Palm Beach County Expense $25.00 AA Sign Lines Expense $750.00 Able Sanitation Expense $550.00 Waste Management Expense $775.00 Tents 4 Events Expense $575.00 Bob's Barricades Expense $300.00 City Of Delray Beacl Expense $1,OBOAO Tents 4 Events Expense $350.00 Expense Expense $25,00 Helayne S#ilfings & ~ Expense $1,677,80 Delray Joint Venture Expense $2,000.00 Expense $200.00 Expense $650.00 telephone, mailings, Expense $550.00 $9,487.80 $14,112.80 Show Profit $3,x36.60 11!05/2010 13;36 Untitled Document 551-243=1073 DELRAY BEACH 1). iJ. A. PAGE 021x3 Xa~e~ i Uz t InFormatiort ~~~~ STEP 1; POPULATION ~~~ pOPUtA710N of your community, STEP ~: TOTAE. lMXpi;NSES (optional) Your arganiaallon's TOTAL EXPENSES (please do not use commas): STEP 3: TOTAL ATTENDANCE {optional) ~~ ~~ ~~ 50,000 to 99,899 ~ 15137 3500©.....____. TOTAL ATTENDANCE to your organlzatlon's arts events {aga[n, do not use commas), Total Economic Impact OF. Nnnproft Arts gnd Culture prganizatinns; Nonprofit Arts and Culture Audiences: Total FTE Joba l;xpenditure6 $1x,137 Q•5 Q, I .7 "~k J ~O ICUaJ Total industry tmpaCt: .. g~ $807,8 (iha Bum nF Organlzatione and udf9ncas) nofinition5 calculate reset d~ ~ Lonai StstO Wausehold Government novet•nrrtent tncame f2e~enuB Revenue $9,954 ---- .... $516 -...._.._. $590 - $321,571 -- --$3,488 $36,$03 _ ,.._.. ...__.N,._.. __...._.:....._.__. -----~ ~_-.2i,4 ~. X331,525 $32,b04 $37,493 print Your Resolts Please see the f a r t below. Total Expenditures: The total dollars spent by your nonprofit arts and culture organlzatlan and its audiences; event•related spending by arts end culture audiences is estimated using the average dollars spent per person by arts avant attendees In s'smllarty populated communikies. as to alcul2;kor arted b the FTE Jobs: The total number of full-time equivalent (isTE) lobs in ~rour community [hat are supp Y empioyeter two half•tbime ernp oy es, fouruemployoae twho work giuafte~time, etc n FTE can be one full-lime t3a to 4aScui~tor Housghald Income: The total dollars paid to community reeldents as a result of the expenditures-made by your ens an pu ure or ani~stlan andlor its audiences. Household Income includes salartes, wages, and proprietary fncome. Back;,to C" cula>;ar The total dollars received by your local and stain governments (a9•, license leas, taxes) as a result of the Government our arts and culture arganizatlnn andlor its audiences, Revenue: expenditures made by y E3ack t9 C u at~r ufated communlUes, NTnan using estimates derived from thl6 calput42onpuUo~~put mo~clsowere opu9tpmtzed for~6acfiaof the essirallatiy IpoP alysis are based upon the avaragas of stm;larlyy populated communltles, ) pur results are lha-efara estimates, and should prov[dMg very speclttc employmanE, hou6Qhold Incor~7a, and gaya-emant revenum data, and (3) Y not ria used as s sub6tllutg for conducting an econarnlC Impazt study that is customized for your communlry, ® Copyright 200 rlcl~ sForfih n its ache Arts. nafPrnhnt„ir• imn l t /~/'7f11 ~1 . .. ,i ..,. .~»..at. .. .1 .~ __ MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 21, 2010 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 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 December 14, 2010 through December 31, 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 Meeting of December 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 (6 to 0, Cay Glickstein absent), of a modification to the Gulfstream Building SAD (Special Activities District) Ordinance 39-90, to reclassify the uses listed within the ordinance from conditional uses to principal (permitted uses) and to expand the list of uses to add "one residential condominium on the 5th floor with a maximum of 4,925 sq. ft. and a maximum of four bedrooms." The Gulfstream Building (now known as HHH Bush Building) is located on the north side of George Bush Boulevard east of the Intracostal Waterway (1177 George Bush Boulevard). B. Recommended approval with conditions (4 to 2, Clifford Durden and Al Jacquet dissenting), of a conditional use request to allow a density of up to 22 units per acre (for a total of 180 residential apartment units) for Franklin at Delray Beach, located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. C. Recommended approval (6 to 0), of a City initiated amendment to the Land Development Regulations Section 4.5.3 "Flood Damage Control Districts" to add new regulations to comport with changes in State Laws. Site Plan Review and Appearance Board Meetin,~ of December 16, 2010 1. Denied (5 to 0, Svetlana Simon and Rustem Kupi absent), a request for a color change for Wells Fargo located at the northwest corner of Linton Boulevard and South Federal Highway within the Plaza at Delray (1500 South Federal Highway). 2. Approved (5 to 0), the architectural elevation plan associated with a Class IV site plan modification for Roseaire Retreat, located on the west side of Gallagher Road at the intersection of Gallagher Road and Brady Boulevard (14281 Gallagher Road). The Class IV site plan and landscape plan were previously approved. 3. Approved (5 to 0), a Class I site plan modification associated with the installation of a storefront awning for Orange Leaf, located at the southwest corner of SE 5th Avenue and East Atlantic Avenue (418 East Atlantic Avenue). 4. Tabled with direction (5 to 0), a Class I site plan modification associated with the installation of a valance awning affixed to an existing roof projection for Carlos & Pepe's Restaurant located at the southwest corner of East Atlantic Avenue and SE 2nd Avenue within Worthing Place (32 SE 2nd Avenue). Historic Preservation Board Meeting of December 15. 2010 5. Approved (7 to 0), a Class V site plan, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with a change of use from single family residential to office for 209 North Swinton Avenue. Concurrently the Board recommended approval of the following waivers: (i) Recommended that the City Commission approve a waiver to LDR Section 4.6.9(D)(3)(a-b), to reduce the required driveway width from 24' to 10' 4" along the north property line. (ii) Recommended that the City Commission approve a waiver to LDR Section 4.6.16(H)(3)(d & i) to reduce the landscape strip along the north and east property line from 5' to 2' on the north property line, and approximately 2' ll" on the east property line, and to eliminate the terminal landscape island adjacent to the parking area. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' JANUARY 4 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SPRAB: HPB: 1. WELLS FARGO 3. ORANGE LEAF 5. 209 N. SWINTON AVENUE 2. ROSEAiRE RETREAT 4. CARLOS & PEPE'S RESTAURANT -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\1-4-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Milena Waliniski, Acting Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: December 9, 2010 SUBJECT: AGENDA ITEM 8.G.1 -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 PURCHASE AWARD/GPS MANAGEMENT SOLUTIONS, INC. ITEM BEFORE COMMISSION City Commission is requested to approve a the purchase of forty-nine (49) Marcus GPS units for various department's vehicles with installation, on-site training and twelve (12) months monitoring from GPS Management Solutions, Inc. in the amount of $33,329.80. BACKGROUND In October 2009 the City of Delray purchased twenty (20) Marcus GPS units after extensive research of four (4) potential providers of this type of equipment and service, including online demonstrations with several types of reports available and different mapping systems; Google and Bing (Microsoft) are the most common. GPS Management Solutions, Inc. was the selected provider and utilizes Google mapping which offers user friendly setup and easy navigation which appears to be superior to Bing mapping. Marcus GPS is a 100% web hosted vehicle tracking system. GPS fleet management is one solution for reductions in fuel cost, excessive speeding and response times by dispatching a unit that is closer to an area where the problem may occur, with access of two (2) minute updates in real time, while also benefiting from increased driver productivity. Effective access to timely data is critical to vehicle fleet management. The acquisition of these additional GPS units will be from the same vendor who provided the previously purchased units mentioned above. Pricing is based on a cost of $310.00 per unit~lus $370.20 per unit fee for 12 months of monitoring service. This is is a cost reduction of $40 per unit from the previous purchase for a total savings of $1,960. Equipment Account Code Monitoring Account Code Eac Department w/Instaliatio Equip./Install Yr s Per Monitoring Totai I ESD/Storm Water $310.00 448-5416-538-52.27 $370.20 $680.2 Utility 448-5416-538- Maintenance 41.15 1 Public $310.00 001-3141-541-52.27 $370.20 001-3141-541- $680.2 orks/Traffic 41.15 1 Public $310.00 001-3113-541-52.27 $370.20 001-3113-541- $680.2 orks/Streets 41.15 Public 001-3431-519- 2 orks/Building $620.00 001-3431-519-52.27 $740.40 $1,360.4 Maintenance 41.15 Public 501-3311-591- 1 orks/Fleet $310.00 501-3311-591-52.27 $370.20 $680.2 Maintenance 41.15 2 ESD/Water $620.00 441-5123-536-52.27 $740.40 441-5123-536- $1 360.4 Distribution 41.15 , 5 ESD/Waste Water $1,550.00 441-5141-536-52.27 $1,851.00 441-5141-536- $3,401.0 41.15 3 ESD/Water $930.00 441-5143-536-52.27 $1 110.60 441-5143-536- $2 040.6 Maintenance , 41.15 , ESD/Lift 441-5144-536- 7 Station $2 170.00 441-5144-536-52.27 $2 591.40 761.4 $4 Maintenance , , 41.15 , 7 Utility Billing $2,170.00 441-5112-536-52.27 $2,591.40 441-5112-536- $4,761.4 41.15 7 Parks $2 170.00 001-4111-572-51.20 591.40 $2 001-4111-572- $4 761.4 Administration , , 41.15 , 12 Parks Maintenance $3,720.00 001-4131-572-51.20 $4,442.40 001-4131-572- $g 162.4 41.15 49 $33,329.8 FUNDING SOURCE OPERATING SUPPLIES /EQUIPMENT (MULTIPLE DEPARTMENTS) RECOMMENDATION Fleet Maintenance recommends the purchase of forty-nine (49) Marcus GPS units with installation, monitoring service and on-site training in the amount of $33,329.90 from GPS Management Solutions, Inc. GPS MANAGEMENT SC31.!!TlONS, Inc. ~~ ~~ December 6, 2010 Kevin Rumell 1=1eet Superintendent City of Delray Beach 434 South Swinton Avenue Delray Beach, 1=L 33444 RFVfSFIn Good afternoon Kevin, appreciate your business and your interest into adding more units to your existing fleet in the next budget year. Please review the attached propose[ for your location. ORIGINAL. PRICING: DISCOUNTI=D PRICWG 4based on 43-10U units} Hardware: MARCUS RA©f0 MODULE WAHOO ^ Mobile Unit Hardware Cast $ 225.00 ^ installation charge $100.00 ^ Radio 1 GPS Combo antenna $ 25.00 ^ Activation Fee (permobiie unit) Included ^ Total one time cost $ 350.00 $230.00 $ 75.00 (see below) *** $ 25.00 Included $310.00 # of UnltS UNIT NN=T PRICK: 43 X $310.00 $13,330.00 These prices include all hardware, antennas, activation fees, & installation costs. Training (3-2 hours with all personnel at once) will also be provided free of charge in person at your headquarters. WARRANTY on MARCUS Mobile Units Standard warranty is 12 months from installation date. CONTRACT PERIOD This offer comes with a 12 month contract on the monthly service. The contract shall be renewed annually at least 30 days prior to expiration of the initial 12 month service contract. Contract is with the service provider: Discrete Wireless, inc., Atlanta, GA. **** Installation will be as stated above provided that there are a minimum of 43 units to install at the same time. The installations would best be completed on a Friday afternoon and Saturday. • Page 2 Network Services: Monthly Service Price Plan December 20, 20'lD NUMBER Of= UN1°I'S ~ Vehicles er end-user account ( -.-p } LY SER1/1CE PRAN T IVIONT ~ -19 Vehicles Discounted - -_--- -- 2D + vehicles r >_ACH vehicle i I _~ $ 34.95 per month ~ ~--- _ $29.95 er month' ~_~ p Fcc Network ©ata Fees ~ ~ .9i~ per month. j .90 per month '~ General ©r-erview: • Increased Driver Productivity (We have seen as much as 4Q % in first week} • Real-Time Dispatch Tool Reduced Response Time (Send the right tech to the call every time} • Improved Customer Service (Save location names to show on reports) • Decreased Overtime • Reduced Fuei Expense (Are drivers using YOUR vehicle for PI=RSONAL use?} • Eliminate Moonlighting • Verify Billing Costs & Validate Service Calls • Benefifis of a Virtual Time Clack. • Decrease Driver Speeding & Lower Insurance Premiums • 20 User Defined Reports -Start & Stop, Detailed, Speeding, Irleet Status, etc. • ~ 7 Real Time AiertsW Arrrve & depart locations, Speeding, After hours & weekend usage, extended stop, no movement, going home early, etc. • Vehicle Maintenance Reports & Notification of Service Due -- Or! Change, Brakes & mare... • Vehicle Routing ~ Driving Directions can be e-mailed to driver. • Twn way messaging and Dispatch through Garmin Navigational Device • 2 Minute Updates are Standard on the GSM network. • Web application maps are powered by Goggle with NO Software or Maps to Buy or Download • One Monthly Service Bill With UNl"IMITED Reports, Alerts, Pings. • 90 Days historical Data stored. Installation can be scheduled for sarfiy morning, late evening. Our installation team & your management team will coordinate all instaflations. Ail equipment is readily available and can be installed at your location within 3 - 4 weeks. look forward to talking to you again very soon, and again thank you for the opportunity to serve you and cam your business. Sincerely, Tommy Edge GPS Management Solutions, loc. GPS Management Solutions, loc. 225 - B Forrest Avenue Gainesville, GA 305111 [770) 53fi~.s555 Commercial Fleets,'~ee Cost Savings from Telematics -Article -Automotive Fleet Page 1 of 4 ti r~ ; lv z ` ARTICLE February 201 Q, Automotive Flee# - Cover Story Commelrcial Fleets See Cost Savings from Telematics COMMERCIAL FLEETS ARE UTILIZING TELEMATICS TO INCREASE EFFICIENCIES AND DRIVER SAFETY AND SAVE MONEY. ONE 1=LEET USES IT5 SYSTEM AS A DISPATCH TOQL FOR SERVICE TECHNICIANS. K By Lauren Fletcher- ' Simple route mapping and vehicle tracking characterize yesterday's telematics devices and systems. Today's commercial fleet managers are adopting telomatics to maximize mobile worl<f'orces, decrease accidents and increase driver safety, boost productivity, track costs, and reduce speeding. WALGREENS-OPTIONCARE REDUCES COSTS Walgreens-OptionCare, a division of Walgreen Co., provides accredited infusion services, respiratory therapies, and home medical equipment to patients with temporary or long-term needs. Based in the northern suburbs of Chicago, Mani Islam, manager of operations improvement & analysis, operates about 750 vehicles comprising cars and pans used mostly for delivery purposes. "We are currently using the i]anlen Teeematlcs vehicle tracking solution in the maiority of our delivery Vekiicles'and piloting it on our sales vehicles," noted Islam. The telematics program has been installed in the company`s delivery fleet For approximately one year. "Wc have iaeen able to rerJuc.e pur kc.~kal tu.el. cost by approximately t0 percent," ~~d Isl~tn, "We-aisoMere, able to-curb, and in some, cases elimlhate,. unnecessary. and uriautllorized drivlrig:" According to Islam; sorrre drivers expressed concern when first notified tracking units were being installed on the vehicles, but no major Issues emerged during the program's rollout and installation. Managing Walgreen-OptionCare`s mpg and emissions reductions across its vehicle segments has been critical in the~company's~ongoing 1=1eet Dptimization 5carecard process. CARRIER SAVES $1 MILLION IN FUEL COSTS Carrier, a globe! manufacturer with more than x}0,000 employees, embarked on a systematic analysis of its truck and ear fleet..T'tirough a variety of strategies, including gathering data-from telematics equipment and reducing vehicle weljhts, Carrier reduced its fleet ernlssions by 3fJ.:.pgrcent and Is saviri $1>rrtilliori each year. in fuel costs. Denise Crass, Carrier's fleet manager, is responsible far a fleet of more than 3,000 vehicles in North America. The company worked with its fleet management partner, 1'l-iH Arval, to deploy a variety of strategies, including monitoring driver behavior through telematics data. y .. Carrier railed out PHH Onboard telematics devices in its service vehicles in early 2D08. Program re§ialts rncl.u,de„a, 40-per'c~nt re~trct'~r in speed,i.ng :end a 44-percent; reduction, ,li?,, a.t-fault accidents.- http:llwww. alitotnotive-fleet,comlA.rticlelPrintl~tory/2010/021Commercial-Fleets-See-Co... 1 213 012 0 1 0 Commercial Fleets See Cost Savings from Telezaaatics - Axticle -Automotive Fleet Page 2 of 4 53t1ce 2006, the manufacturer has been utilizing telematics In its fleet through Trimble, a provider of advanced positioning solutions, The telematics installation created other efficiency opportunities as well, "We're starting Co look at it as a dispatch tool," Cross said. Service technicians can be deployed more quickly in emergencies because the company knows their exact location. The company has also used generated GPS data to make other changes. Mariayer~ sav++ brat carryir~ n~c~re equrpi~ent iii the trucks increases gasolli~e usc, so th~y.l.ave takers steps tt,ensure.`eacll'truclz, _.. e~i t~ias.oniy necessary tools and parts,: SERVICEMASTER WEATHERS ROUGH ECONQMiC TIMES ServiceMaster Restoration and Construction increased revenue by $156,000 per year through the use of telematics to Improve efficiency and control the cost of each job. The Springfield, Mo.-based company provides residential and commercial services from carpet cleaning to lawn fertilizing, and furniture restoration to terrr~ite protection. To survive the weakening economy, the fleet looked to track drivers and costs more effectively, Improve vehicle efficiencies, and Increase revenue without adding staff resources, At the same time, since most disaster restoration jabs require a minimum of three employees, labor cost control was a must for ServiceMaster to remain competitive. The company addressed these challenges by installing 1~[etworkfleet on four of the mast often used vehicles in its fleet. Tn addition to vehicle location information, the wireless fleet management system monitors and reports speed, odd-hours rase, fuel usage, run-time, idle time, mileage, and engine problems, among other critical diagnostics. System hardware connects directly to the vehicle's onboard diagnostics computer {oBD-I:I}, Data Is uploaded every two minutes to a remote database that company Vice President lCen Hedgpeth and his staff can access online, 24/7. Reports can also be scheduled and sent via e-mail to designated users, When an engine problem occurs, Hedgpeth receives an alert with information to immediately troubleshoot the problem. g "We recently received a fault code from a vehicle that had broken down 50 miles away," said Hedgpeth. "Our mechanic narrowed the problem to two possible parts, which he topk with him to fix the problem on the spot. This was a huge savings because we didn't have to tow the vehicle or send out a replacement truck." Reports revealed excessive idling, a problem Hodgpeth hadn't realized. At the same time, by receiving alerts whop drivers exceeded speed thresholds, ServiceMaster has also been able to reduce average vehicle speed. "Our trucks travel about 750 miles each week," said Hedgpeth. "An improvement from 10 mpg to 12 mpg means a fuel savings of $1,300 per vehicle annually." :; http://www.autornotive-fleet.coz~alArticle/PrintlStory12010/02/Commercial-Fleets-See-Co... 12130/2a 10 Commercial Fleets See Cast Savings from Telematics - .Article -Automotive Fleet Page 3 of 4 LKQ CREATES EFFICIENCIES THROUGH TELEMATICS A recent initiative ai[owed LKQ Carparatian to decrease accidents and vastly improve productivity. In 2009, LKQ, a large., nationwide provider of aftermarket collision replacement, recycled CEM products, and refurbished Qf=M collision replacement products, wan a productivity award from fleet management company PHH Areal for utilizing telematics in the LKQ fleet. The program Eed to an increased number of stops fleet drivers make per day, dramatically reduced overtime costs, improved driver safety, and reduced fuel costs, "We wanted to use only one system, and we liked what PHH had to offer. Plus, we could jointly use it with their maintenance and fuel programs," said Mike Lahr, director of logistics for LKQ. Ta assess Its effectiveness, the fleet team tested the system for four months, then compared before-and- after system implementation data. According to Lahr, the results were staggering and caught the fleet team off-guard regarding several issues, Including; 1. Driver speed. 2. Excess Idling. 3, Vastly improved` productivity resulting from quicker start times and more deliveries. Also, drivers returned to dispatch faster at the end of the day because they were monitored. "We have seen a decrease in accidents because of the controlled speed," Lahr pointed out. SAFELITE lJSIwS MRM FOR INCREASED FLEET MANAGEMENT Safelite AutoGiass:developed awireless mobile resource management (MRM) tool, designed to equip field technicians with GPS technology to better manage their day and handle repairs in a paperless fashion. MRM uses [3iaekBerry technology to provide turn-by-turn directions and lob-site credit card pracessing, real-time sched~ile updates, receipt printing, and signature capture for Safelite AutoGlass' 3,OQ0-plus mobile service technicians. This technology helps reduce fuel costs and vehicle maintenance, trim work- order processing costs, and eliminate paper work orders. The International Association for the Wireless Telecommunications Industry recently featured Safelite's MRM tool as a case study in its monthly webinar. "The technology we've developed In the MRM tool has streamlined the Interaction between technicians and consumers, decreasing the time Involved on the consumer side and ensuring accuracy In the type of service they receive," said Chris Delong, director of Open Systems, ~elron US, parent company of Safelite AutoGlass, "It has.'~''made our business more efficient and improved the quality of service we deliver." Technicians across' 46 states currently use 5afelite`s MRM. The tool functions on real-time electronic work order management and updates to schedules and routes. Featuring clock-in and clock-out capabilities, it captures customer vehicle identification number (VIN), mileage, and other information. PREMIER UTILITY SERVICES LLC TRACKS VEHICLES Premier Utility Services LLC utilizes a GPS-based fleet productivity and management platform supplied by Tefogis, Inc., a leading global platform for enterprise location-based services, for its ~}Ol-unit fleet comprising mostly Pontiac Vibes, According to Ryan Martino, the utility company's asset manager, "It is a scalable, easy-to-use, software as a service (Baas} solution for enterprise fleets. We worked closely with Telogis to deploy the system on http: //ww~v. automotive-fleet.corn/ArticlelPrintlStory/2010102/Commercial-Fleets-See-Co... 1213 012010 Commercial Fleets See Cost Savings from Telezx~atics -Article - Autorriotive Fleet Page 4 of 4 most of our vehicles." The system provides secure, remote access to real-time GPS vehicle and driver information. Dn-road vehicle location, direction, and speed are tracked. This information can be viewed easily on a dashboard monitor in the office. "We can measure beach ofi our team members on a range of key performance Indicators (KPI}," said Martino. Utility Services began tracking its vehicles In 2002 and moved to the Talogis platform in 2009, In selecting the 7elogis product, Utility Services was looking to improve productivity and reduce operating costs. "We wanted a solution that would enable us to better utilize our crews and vehicles. Now that our vehicles are equipped with Telogis isleet, we are able to maximize our mobile workforce," said Martino. The ability to track assets ensures Utility Services sends the appropriate utility locator and vehicle to each job, avoiding unnecessary cost. "And keeping track of the vehicles' usage helps schedule maintenance more accurately, further saving money," said Martino. "Pius, having access to real-time updates ensures we deliver optimal service for all our client projects:" The utility company saw an improvement in operational efficiency as well as cast reductions. "We're utilizing our vehicles and drivers more efficiently and delivering improved customer service," said Martino. "This delivers tangible benefits in many ways, from ensuring the correct equipment is deployed far each job through reduced maintenance and Tess time spent both driving between jobs and idling. In addition, we are seeing a positive change in driver behavior and safety. Our drivers are less likely to break speed limits now that the system is in place." Utility Services wanted an easily integrated solution drivers would adopt and ultimately accept. It was important to Martino that drivers didn't feel as though they had "Big Brother" watching their every move. "We emphasized the operational and safety benefits, and it didn't take long Fnr everyone to be on the same page that this system improved performance and customer service, as well as actually reducing drivers' liability," said Martino. Sit:StT ,r; ~, .~~ Copyrrlghl ©2014 Auio~noiive Fleei. All Rights Reserved. '; http://www, au#omofive-fleet.com/Article/Print/Stoiy12010/02/Cozntnercial-Fleets-See-Co, .. 1213 012010 MEMORANDUM TO: Mayor and City Commissioners FROM: Russell T. Accardi, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Mananger DATE: December 28, 2010 SUBJECT: AGENDA ITEM 8.G.2 -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 PURCHASE AWARD/ZOLL MEDICAL CORPORATION ITEM BEFORE COMMISSION This item is before Commission for approval to purchase three (3) replacement Zoll E-Series monitor/defibrillators to maintain equipment quality and service readiness. BACKGROUND Monitor/defibrillators play a prominent role in the level of service and service delivery available to the residents and visitors of Delray each. The fire department has made great strides in patient care using new advances in cardiac telemetry. The defibrillator/monitors allow for rapid assessment of cardiac rhythms as well as instant telemetry transmissions via Bluetooth to area hospitals (Delray Medical Center currently and Bethesda being tested). The purchases of the new monitors follows the scheduled replacement cycle as outlined by the department and will enhance service delivery with newer technology. The Capital Improvement Program Budget will be used to purchase the new defibrillator/monitors. FUNDING SOURCE 334-2311-522-64.90 Project #ll-015 $51,180.00 RECOMMENDATION Staff recommends approval. ~_ , Advbucfny Rusussifafinrt. Taday.° _, Decezxaber 28, 2010 EMS Chief Victor Williams Delray Beach Fire Rescue 501 West Atlantic Avenue Delray Beach, FL 33444 Dear EMS Chief Williams: DLL t~~dieai Corp~rat€a~ Worldwide Headquarters 289 Mill Road Chelmsford, Massachusetts 01524-4105 tJ.S.A. 978 421-9655 978 421-0025 (viain Fax We appreciate your selection of ZOLL®products for Delray Beach Fire Rescue. This letter serves as confirmation that ZOLL Medical Corporation at 259 Mill Road in Chelmsford, Massachusetts, is the sale manufacturer and source of E Series® Defibrillators for the EMS Market. ZOLL or Andrea Jannarone, Territory Manager will not sell an E Series Defibrillator, SurePower Charger, and Accessories to Delray Beach Fire Rescue through any vendor or dealer. Should you have any questions or require additional information please contact me at 800-348-9011 x 9278. Sincerely, ,~ _ 1 Elizabeth McCaughey Contracts & Bids Manager ZOLL Medical Corporation CC: File twR TO: Delray Beach Fire and Rescue 501 West Atlantic Avenue Delray Beach, FL 33444 Attn: Victor Williams, EMS Chief email: williams~r~m~deira~beach.com ZOLL Medical Corporation Worldwide I1eadQuarters 264 Mill Rd Chelmsford, Massachusetts 01824-41D5 (978) 421-9655 Main (80D)348-9011 (978) 421-0015 Customer Support FEDERAL ID#: D4-2711626 QUOTATION 84805 V:2 TERMS: Net 30 Days DATE: December 29, 2010 FOB: Shipping Point FREIGHT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION OTY. UNIT PRICE DISC PRICE TOTAL PRICE 1 802D 1 73002012401 3 Dema ESeriesACLS Manual Defibrillator with 3 $2D,196.00 $15,000.00. $45,000.00 See-Thru CPR®, Real CPR Help, Advisory capability, 12-lead with 1-step patient cable, Sp02 (comes with EtC02 port), Integrated 8luetooth , NIBP with Adult-Plus cuff and hose and Noninvasive Pacing Includes: AC Power, Printer, Protocol Assist Code Markers and CPS Clock Auto Sync, TriMode Display, 3-lead ECC patient cable, universal cable, ready for one (1) SurePowerTM Rechargeable Lithium lan Battery with built in AC Charger ordered separately, RS232 data transfer port, Rugged SoftPack Carry Case and Rapid Cable Deployement System, AC power cord, 12" AC power extension card, one package of recorder paper, two PCMCiA Card slots and Operator's Manual.5ix I~1 month EMS warranty. SERIAL#S TBD FROM DEMO INVENTORY. 2 8 7 7 8 - 01 14 1 Year, 1 Preventative Maintenance (at time of 3 $230.00 $230.D0 $690.00 equipment sale) 3 8 7 7 8 - 0104 1 Year Extended Warranty (at time of equipment sale) 3 $990.00 $990.00 $2,970.00 4 SD04- 0103- 01 Smart Battery Complete 4 $210.00 $105.00 $420.00 1400l2000I160011780IMserieslAED Pro phis quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which page 9 Subtotal $49 080 {10 , iccomoanv this quote. Anv purchase order [P.O.f issued in response to this auetation will be deQmed to . ~ ncorporate ZOLL T's + C's. Any modification of the ZOLL T's + C's must be set forth or referenced In the customer's P.O. No commercial terms or conditions shall apply to the sale of goods or services governed ~y this quote and the customer's P.O unless set forth in or referenced by either document. 1. DELIVERY BASED UPON AVAILABILITY AT TIME OF PURCHASE. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (See alcove AND Attachment). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-0015. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. 9. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING WWW.ZOIIWebSt:Ore.COt71. Page 1 Andrea ,~annarone EMS Territory Manager 800-242-9150, x9278 3 ~' .~~ TO: Delray BeacFt Fire and Rescue 50~ West Atlantic Avenue Delray Beach, FL 33444 Attn: Victor Williams, EMS Chlef :mail: williamsv aC~mvdelravbeach.com ZOLL Medical Corporation Worldwide HeadQuarters 269 Mill Rd Chelmsford, Massachusetts 01824-4105 {978) 421-9655 Main {800)348-9011 {978) 421-0015 Customer Support 1=EDERAL ID#: 04-2711626 QUOTATION 80805 V:2 DATE: December 29, 2010 TERMS: Net 30 Days FOB: Shipping Point FREIGFlT: Prepay and Add ITEM MODEL NUMBER DESCRIPTION QTY. UNIT PRICE DISC PRICE TOTAL PRECE 6 8019- 0535- 01 SurePowerTM Rechargeable Lithium ]on Battery Pack 12 $475.00 $356.25 $4,275.00 k 5.8 Ah Capacity • High density lithium ion chemistry • RunTimeT"' Indicator • Automatic calibration ready • Stores history of use and maintenance 6 8050- 0030- 01 SurePowerTM Charging Station 4 $2,275.D0 $1,706.25 $6,825.00 • 4 Charging bays • Multiple chemistry compatible • 200 watt capacity • Graphic driven user interface • RS-232 communication port * Standard one {1) yearwarraniy 7 4001 - 991 5 ZOLL M Series eiphasic wlPacing + 4 options and 12 3 {$3,000.00) ($9,000.00) ** LD Trade-ln ~*Trade-In Value valid if all units purchased are in good operational and cosmetic condition, and include all standard accessories such as paddles, cables, etc. Customer assumes responsibility for shipping trade-in equipment to ZOLL Chelmsford within 60 days of receipt of new equipment. Customer agrees to pay cash value for trade-in equipment not shipped to ZOLL on a timely basis. Acceptance of an orderfor Demo Equipment is contingent upon product availability at time of order. Orders are filled on a first came, first serve basis. *Reflects Discount Pricing. this quote is made subject to ZOLL's standard commercial terms and conditions (ZOLL T's + C's) which TOTAL $51 180 00 Eccamoanv this quote. Anv aurchase order IP.O.1 issued in response to this quotation will be deemed to , . ncorporate ZOLL T's + C's. Any modification of the ZOLL T's + C"s must be set forth ar referenced in the :ustomer's P.O. No commercial terms or conditions shall apply to the Salo of goads or services governed ~y this quote and the customer's P.O unless set forth in or re#erenced by either document. 1. DELIVERY 1:3ASECJ UPON AVAILABILITY AT TIME OF PURCHASE. 2. PRICES WILL BE F.O.B. SHIPPING POINT. 3. WARRANTY PERIOD (see above AND Attachment). 4. PRICES QUOTED ARE FIRM FOR 60 DAYS. 5. APPLICABLE TAX, FREIGHT CHARGES & ORDER PROCESSING FEES ADDITIONAL. 6. ALL PURCHASE ORDERS ARE SUBJECT TO CREDIT APPROVAL BEFORE ACCEPTANCE BY ZOLL. 7. PURCHASE ORDER AND QUOTATION TO BE FAXED TO ZOLL CUSTOMER SERVICE AT 978-421-D015. 8. ALL DISCOUNTS OFF LIST PRICE ARE CONTINGENT UPON PAYMENT WITHIN AGREED UPON TERMS. Andrea Jannarone EMS Territory Manager 800-242-9150, x9278 9. PLACE YOUR ACCESSORY ORDERS ONLINE BY VISITING WWW.ZOiIWeb5lrOre.COtT1. Page 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 30, 2010 SUBJECT: AGENDA ITEM 8.G.3 -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 BID AWARD/ VILA AND SON LANDSCAPE CORPORATION ITEM BEFORE COMMISSION City Commission approval of the bid award to Vila and Son Landscape Corporation for landscaping, irrigation and warranty maintenance for one year for the eleven (ll) medians on West Atlantic Avenue between Swinton and 12th Avenues in the amount of $140,204.88. BACKGROUND The City applied for and received approval of the $200,000 Keep Palm Beach Beautiful Grant to re- landscape the medians on W. Atlantic Avenue between Swinton and 12th Avenues in May, 2009. The City entered into a contract with Cotleur and Hearing, Inc. for the design and permit approval through the Florida Department of Transportation (FDOT). After receiving FDOT approvals, the formal bid notice and mandatory pre-bid meetings were done. Bids for the project were received and opened on December 27, 2010. The spreadsheet detailing the bids from the four (4) companies that submitted bids is attached for your reference. The four (4) bids were received from: Vila and Son Landscape Corporation $140,204.88 Superior Landscaping and Lawn Service Inc. $156,327.13 Elan Lawn and Landscape Services, Inc. $181,268.00 Bermuda Landscape and Design, Inc. $189,874.00 It should be noted that the lowest bidder was missing the Maintenance Schedule itemized sheet at the time of the bid opening. However, the total amount was provided for in the bid documents and the Maintenance Schedule itemized sheet was provided to the City after-the-fact. Per the contract book, this sheet was not required to be submitted. The Contractor will be held accountable to all maintenance specifications included in the contract book under Section 03000. Allowable cost of the project under the Keep Palm Beach County Beautiful Grant includes labor, materials, irrigation and up to ten percent (10%) of the total project cost for the consultant design, all other cost associated with this project will be from the CRA match. Staff is recommending the award of the bid to the lowest bidder, Vila and Son Landscape Corporation; the company is an approved FDOT Landscape Contractor. Staff received positive feedback from three (3) separate reference sources on this company's performance. All sources would recommend them for future projects. Vila and Son has complied with the policies and procedures set forth by the bid documents and the City's purchasing office. FUNDING SOURCE 334-3162-541-61.15 -Project No. 2010-026 RECOMMENDATION Staff is recommending City Commission approval to award the contract to the lowest bidder, Vila and Son Landscape Corporation for the West Atlantic Avenue Medians Landscape Project in the amount of $140,204.88. _ ;~= a %;- Y _ -_ ~ ~ m ;~= a -- ' - %~-- ~ '3 - J .. OJ O N ~ O N M O ~ ~ _~ ~ O OJ N M N ~ - Q ~ W Q W Q W Q W Q W Q W Q W Q W Q W Cn J Q W Cn J LL a m Q ~ U ~ W ~ ' Z o ~ -o ° ~ Q C S LL N O -O ~ ~ J N 'i6 ~ -OO O 0 - O W W N N ~ ~ N Q > ~ ~ ~ ~ ~ ~ M ti Z ~ W Z w - ~ J = p - W E d o O ~ ~ ~ -O J o a >. 0 zz '~ Q U O ~ W N U O N ~ ~ ~ Z OJ N ~ s y O - m ~ C3 OJ __ - m m LL Z W U O Q Q OC ~ U w .- ~ °~ m ~ m H - y ~ ~ `~ x d' U a 2 a N a Q W W O O Q [n U - L ~ ° ~' E of m - O a sl a = O. Q N ~ V Cn ~ ~ NO J Cn L;} Z ~ O OJ ~ O a ~' O L W > m O E N ~ O « a ~ ¢ ro a rn ~ a ~ ~ 7 ~ : a rn u p N a p o a Q E U >. 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C c z ,~ T o o ~ a ~ .- y U LL r ~ °. ~ ~ v v L ~ 9 >i ~ W a m o E ~ N Eo ~ o v " Z m z w . p N ~ O w J ~ a 0 ~ Q N N ~ Q Q ~ y ~ p t a ~ N W H ~ o W ` ~ 9 O L N 9 N N ~ t6 ~ 9 Z_ N O Cf U Z 'Yi ~ ~ O in X E U o " M O ~ ~ m O o m in V LL -o ~ v' ~ Q ~ C ~m m W ~ a o ~ a O ~ ~ m ~ m N ~ C7 ~ -o is ~ o~ o ro ~ m m ~ m ~ w a ~ ~ ~ Q a[ O J V m a r ? ~ ~ Z o c E ~ m m ~ E ' U m w ~ Z O W Q J y m ~ m ~ m a a m m o ( ~ ~ ~ m O ° a m a p ~ o N m O O ~ OC O Z Q N ~ 0 9 0 3 9 o OC ~ a m in ~ Z_ °J o W U m 9 ~ O m Z Q = xS p M Y N p Q N U Yi W N N - ~ N >• N O C a N W t6 N T N C O T N Z - r w' O J ~ OJ O ~ O Z N N U "' J_ m ~ ~ O J J Z J Z H °~ O ~ o N E _ V ~ Y ~ E H ~ > `~ ~- E ~ j, m O E H y O °m ~ Z O . c~i p N a ~ °~ Z ~ ~ O U O ~ J 7 Q O J W Z _ -O O ~ O ~ O O- O W p O Z - N ~ W W m W V J d N N ~ ip ~ , O. Q 7 ~2 p LL C Q Q Q d N ~ ~ ~. O. Q ~ H ~6 U N N O. Q rG' Q ~ >i ~ J d ~ - N Z - a N Q ~ ~2 M ~ In (O h OJ O O N M ~ N N N N N Z LO r Q U 0 U O I.i r i k; ~ ~ - r M1. ~ ~ 'h' J°P~ 'gyp E ,~ ~`~: 7 z r , ~~ }~~ ~ ~ ~~; r ? ~~ ~ _« ~_ , ( ~, i ,r; ~r ~, 1 F ~ ~ ~;. ~. ,~ ~~I~~~ ~~ ~ ~ ~~ _ _ ~ ~ r r ~ I , e E ~. ~'~, fir ~ _, ,~~ I ~ '1 ~~_~I~' * .off) +ti+± ra L. t ~ 't.'~ s ~ ~:1_ ~ „ti i= ~ ~^ k ~ fi'''r? ~ ~ ,r ~''~~ a M~ ~,. ~h~L~ I ~•~r ~!~ I t ~~ I ~, I n ~ f~A y= w FYI d ~ ~ ~'' ~ ~- ~. +~ ~~ ~ ~ ,y,'i~ ~ ~~ f 1 ~~ ~ ~, ~~ ~a ~ L k ~,,, / ~ r ~ ~ ~r ~ r ~~ ~ ".. ~. ~ ~~ ~ . (I '~'''r. r . rv ~ ~ i ,~l' ]. ~~ {~ ~'.~c` d~ ~ ~~.,~ ~. ryi1, l t~ ~-_ ~ ~ ~%~' ~ ~' E ..~ ~ y '11 d ~' ~~ ti' ~ ~_ r ~ ~.: wt, ~ ~' ~~ ~ ~ ~ i ~ ~ r .~ Y ~~ K y _~ J- ~ y L } ' ~,` ~. ~ i 9 ..~ ~, r ' ~ ~`' ,. w r, . _ ' ~ ti i ~ 1 ~ .~ n R ~ ~ ~ ~ -~-5~.:~ r ~ ' ''~~ ~ ~ '+~ r4_i l~~ ~'7~ i. t~'= i ~{ r '~ 1 r ~ t ~ JI ~ Y ~- ~ r l I ~ ~~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 10, 2010 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 WAIVER REQUESTSBRIGHT HORIZONS DB/A 32 EAST ITEM BEFORE COMMISSION The action requested of the City Commission is approval of two waivers. The first waiver seeks relief from LDR Section 4.4.13(F)(4)(a)2, which requires a minimum front setback of five feet (5') for buildings with nonresidential uses on the ground floor. The waiver request is to permit the balcony posts, atwo-story, arched entry feature, and attached high top counters within the five foot (5') front setback. The second waiver seeks relief from LDR Section 4.4.13(F)(8), which permits balconies to encroach a maximum of four feet (4') into the setback area. The waiver request is to permit the balcony on the front property line (0' setback) which results in an encroachment of five feet (5'). BACKGROUND At its meeting of December 1, 2010, the Historic Preservation Board (HPB) considered and approved, with conditions, a Certificate of Appropriateness (COA) and Class IV Site Plan Application for exterior alterations primarily associated with the addition of abalcony-canopy and two-story, arched entry feature on the front elevation of the subject property. The HPB considered the waiver requests concurrently with the COA and Site Plan requests and recommended approval of each waiver on a vote of 7-0. It is important to note that the proposed balcony-canopy feature spans the entire width of the building (44'9"), a portion (30'5") of which includes a canopy that encroaches four feet (4') into the right of way. The balcony and canopy functions are divided by a 42" high rail located on the property line which limits the occupied space of the balcony to private property. The balcony attached to the arched entry feature also encroaches into the setback area, up to the property line, and contains an additional overhang (canopy) which further encroaches 1' 6" into the right of way. A complete set of plans is attached for reference. One of the conditions of approval included by the HPB involved the placement of the railing on the balcony/canopy feature, and recommended relocation of the railing to the edge of the balcony/canopy feature rather than at the property line (this would represent a balcony encroachment into public property). This revision would allow for the occupied private space to be located over and within the public right of way. The provision of private use area over the public right of way is neither appropriate nor permitted. Therefore, this waiver request is to permit the balcony only to encroach up to the property line. The additional canopy encroachment of four feet (4') will require execution and acceptance of a Hold Harmless Agreement between the property owner and the City, which would be considered by City Commission at a later date. WAIVER ANALYSIS Reduests: Pursuant to LDR Section 4.4.13(F)(4)(a)2. Central Business District, Development Standards,the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'). A waiver to this requirement is necessary as the proposed balcony posts and two-story, arched entry feature are located approximately two inches (2") from the front property line, for an encroachment of four feet, ten inches (4' 10"), and the proposed attached high top tables would be located approximately three feet (3') from the front property line, representing an encroachment of two feet (2'). Pursuant to LDR Section 4.4.13(F)(8), Central Business District Development Standards, balconies may encroach a maximum of four feet (4') into the setback. A waiver to this requirement is necessary as the proposed balcony extends an additional foot to the front property line, for an encroachment of five feet (5'). Waiver Criteria: 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. The purpose of the subject setbacks is to minimize the impact of building mass and scale on the streetscape, and specifically, in this case, East Atlantic Avenue, this portion of which is located within the Old School Square Historic District. In consideration of the criteria above, the encroachment of tables and canopy posts into the front setback area is generally supportable in that it does not negatively impact the buildings mass and scale along the streetscape and the neighboring area should not be adversely affected. The arched entry feature, however, could adversely affect the neighboring area due to its added mass on the streetscape as it spans two-stories, thereby conflicting with the intent of the front setback requirement. With respect to the provision of public facilities and maintaining safe situations, these criteria would be met with the high top, balcony posts, and entry feature. The request wouldn't result in the granting of a special privilege as it relates to the high top area nor the balcony posts as these areas function similar to sidewalk cafe seating andlor are necessary to support the balcony. However, the encroachment for the two-story, arched entry feature could be deemed a special privilege as it creates additional building mass along the streetscape, and does not meet the intent of the front setback requirement. Further, this feature is designed as a means of calling attention to the front entry, a desire which could be achieved by many other means without the need for the requested setback relief. Aside from being a special privilege, the granting of this request would also set a precedent along Atlantic Avenue which would allow for the addition of two-story entry features, or similar appurtenances, which introduce additional mass along the streetscape and do not serve a typical function such as covered seating or protection from the elements. Based on the above, positive findin,~s can only partially be made with respect to LDR Section 2.4.7(B~(5), and should include the removal of the two-story, arched entry feature and provision of two (~, 8"x8" canopy su~ort columns similar to those ~ro~osed. The encroachment of the balcony by one foot (1'), and up to the property line is supportable in that (a) the neighboring area should not be adversely affected, as the occupiable space is contained within the property, and it is an open architectural feature which will increase the indoor-outdoor interaction along the Avenue; (b) the provision of public facilities will not be diminished; (c) an unsafe situation will not be created; and, (d) it should not result in the granting of a special privilege as the feature is similar to an awning or canopy, a highly utilized feature on many buildings regardless of use along Atlantic Avenue. While there currently are not any restaurants with a second story component, this feature and it's encroachment would be considered under similar circumstances. Based on the above, positive findin,~s can be made with respect to LDR Section 2.4.7(B)~5). RECOMMENDATION Approve the waiver to LDR Section 4.4.13(F)(4)(a)2, Central Business District, Development Standards, to allow a two inch (2") setback for the balcony columns and a three foot (3') setback for the high top counter area, where a five foot (5') setback is required, based upon positive findings of LDR Section 2.4.5(B)(5). Deny the portion of the waiver to Section 4.4.13(F)(4)(a)2, Central Business District, Development Standards, to allow atwo-story, arched entry feature within the required five foot (5') setback area, based upon a failure to make positive findings of LDR Section 2.4.5(B)(5), as the granting of the request would result in an adverse affect on the neighboring area, and a special privilege notgranted under similar circumstances on other property for another applicant or owner. Approve the waiver to LDR Section 4.4.13(F)(8), Central Business District, Development Standards, to allow a five foot (5') front setback encroachment for a balcony, where a four foot (4') encroachment is permitted, based upon positive finding under LDR Section 2.4.5(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 WAIVERS REQUESTED BY 32 EAST ATLANTIC AVENUE 1. This waiver request came before the City Commission on January 4, 2011. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waivers requested by 32 East Atlantic Avenue. All of the evidence is part of the record in this case. 3. 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. 4. Building Setback: (a) Front Setbacks. Pursuant to LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'). The balcony posts encroach four feet, ten inches (4'10") in the setback area, and the attached high top counter areas encroach two feet (2') into this setback area. Should the waiver be granted for the front setback? Yes No (b) Front Setbacks. Pursuant to LDR Section 4.4.13(F)(4)(a)2, the minimum front setback for buildings with nonresidential uses on the ground floor is five feet (5'). The two-story, arched entry feature encroaches four feet, ten inches (4'10") into this setback area. Should the waiver be granted for the front setback? Yes No (c) Structures Allowed Within Setback. Pursuant to LDR Section 4.4.13(F)(8)(a), balconies may encroach a maximum of four feet (4') into the setbacks. The proposed balcony is located on the property line resulting in an encroachment of five feet (5'). Should the waiver be granted for the second floor balcony to encroach five feet (5') into the front setback? Yes No 5. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 6. 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 which supports the findings set forth in this Order. 7. Based on the entire record before it, the City Commission approves denies the waiver requests and hereby adopts this Order this 4th day of January, 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 HisT®RiC PRESER~ATt®t~ B®AR® CITY ®F ®ELR/-1Y BEACH A T L A N MEETING DATE: December 1, 2Q10 ITEM: 32 East Atlantic Avenue, Old School Square Historic District -Certificate of Appropriateness and Class iV Site Plan Modification for additions and alterations on the front (north} elevation. GENERAL ®ATA: Owner :....................... Bright Horizons Agent :........................ George Brewer Location :... ............ ...... 32 East Atlantic Avenue Property Size :.............. .15 acres Future Land Use Map:... Other Mixed Use (OMU} Current Zoning :............ Old School Square Historic Arts District {OSSHAD) Adjacent Zoning:.......... North: OSSHAD South: OSSHAD East: OSSHAD West: OSSHAD Existing Land Use:........ Res#aurant Proposed Land Use:..... Restaurant Water Service :............ Existing on site Sewer Service : ............ Existing on site STAFF RE~oRT LUIHt~ W a T I C C~ 1 ~!-~ a z ~ > Q ----- 5.E. F- ITEM BEFORE THE BOARD The item before the Board is approval of a Certificate of Appropriateness and Class IV Site Plan Modification for additions, alterations, and associated waivers for the property located a# 32 East Atlantic Avenue, OId School Square Historic District, pursuant to LDR Section 2.4.5(G). The subject property is located on the south side of East Atlantic Avenue, between South Swinton Avenue and SE 1s1 Avenue. BACKGROUND The subject property is located within the OSSHAD (Old Schoo! Square Historic Arts District) zoning district and consists of the West 23.33' of Lot 2, Less the South 14'; and East 21.67' of Lot 3, Less the South 14', Block 69, Town of Delray. Built in 1948, a Masonry Vernacular style structure containing simple Streamline Moderne influences is located on the property. The structure is classified as non-contributing in the Old School Square Historic District. At its February 7, 1996 meeting, the HPB reviewed apre-application item consisting of a change of use from retail to restaurant and associated modifications which consisted of significant modifications to the front facade, a two-story addition to the rear, and other associated improvements. At that time, Staff recommended that the Board request revisions to the proposal as it did not meet the review cri#eria, namely the Secretary of the Interiors Standards for Rehabilitation and the Delray Beach Historic Preservation Design Guidelines. The Board, however, recommended that the applicant proceed with the proposal as presented. The site plan request was approved by the Board at its June 19, 1996 meeting. In 2007, administrative approval was granted to replace the second story casement windows on the front facade. The original design consisted of eight-light casements with atwo-light transom above. The replacement windows replicated the original configuration with ten-lights in each window, but were fixed, as opposed to casement. The 2009 Old School Square Historic District Resurvey recommended that the subject property be reclassified as contributing, as the Period of Significance was being expanded to include those eligible resources constructed between 1944 and 1965. However, the owner requested that the subject property not be reclassified. Upon adoption of Ordinance 10-10 on June 1, 2010, the Period of Significance for the Old School Square Historic District was expanded to 1965, and 10 of the properties recommended for reclassification were not reclassified to contributing, including the subject property, as the property owners "opted-out" of this process. Subsequent to the adoption of Ordinance 10-10, the subject property owner met with City and CRA Staff to discuss the benefits of historic preservation and submitted an application for the reclassification. However, the submittal materials required for the reclassification request have not been completely submitted, and the request has been placed on hold until further notice. PROJECT DESCRIPTION The subject proposal is primarily centered around the construction of a second-story balcony and canopy on the front (north) elevation with additional elevation changes on both the first and second stories. HPB Meeting of December 1, 2010; 2010-218 32 East Atlantic Avenue; Page 2 of 15 The proposed balcony-canopy consis#s of the fallowing:: • Location: 9'8" from grade, and extends up 8"; • Measurements: o Width: 44'9" (spans entire building}; o Depth: Varies _ 9'10" at westernmost 30'5" of building; 7'2" above main entry; 4'4" west of door; o Encroachment into Right of Way: Varies-1'S" to 4'. • Total Area: 355 square feet; o Balcony: 241 square feet (Located on Property, and is occupiable}; o Canopy: Remainder (Extends into Right of Way} • Materials: Mud-set tiles in concrete over metal framing; • Balcony-Canopy Division: o Rail: 42" high aluminum pipe, painted silver o Location: On property line, set back 4' from canopy edge; Support: o Columns: Painted steel o Measurements: 8" x 8" (2}, 2' x 1'4" {2) o Location: 2" behind property line A waiver request has been requested for the encroachment of the balcony-canopy and support columns into the front setback area. The first floor elevation changes consist of the following: • Removal of louvered canopy; • Removal of existing fixed windows, replacement with four, two-light, mahogany bi-fold windows consisting of impact glass; • Removal of three (3) doors an westernmost area of facade, replacement with three, four- light, mahogany bi-fold doors with impact glass; • Addition of exterior counter at bi-fold windows, with three (3) perpendicular high-tops for seating extending two feet, eight inches (2'8"} out from wa[I plane; Addition of ~/x' black reveal on wall plane below bi-folding windows, throughout counter and high top area; • Replacement of entry doors with set offour-light, mahogany doors with impact glass; • Addition of arched entry feature centered on the easternmost entry doors on the first and second floors o Measurements: ^ Height: Twenty-two feet, eight inches (22'8"); ^ Width: Eight feet, six inches (8'6") at grade, increases to eleven feet, six inches (11'6") at top; o Materials: Ceramic the over Dur-A-Roc, over metal framing; o Detail: '/~'x'/~" horizontal, stainless steel bar spaced approximately twenty-two inches (22") apart. • Installation of twa lighting fixtures on entry arch, flanking opening; • Relocation of existing signage onto front of overhang. The second floor elevation changes consist of the fallowing: • Removal of existing, ten-light fixed windows, • Installation of three {3) sets of four-light, mahogany French doors; • Removal of existing stucco reveal, the spacing of which matched the window muntins, and replacement with one inch (1 ") wide stucco reveals, spaced to match new muntins; • Installation of lighting fixtures flanking each set of 1=rench doors; • Extension of the balcony through the entry arch to the property line. HPB Meeting of December 1, 2010; 2010-218 32 East Atlantic Avenue; Page 3 of 15 It is noted that all proposed muntins are horizontal "#o match stucco reveals on wall plane andlor stainless steel reveals on entry arch. The COA, Class IV Site Plan Modification and associated waiver requests are now before the Board for consideration. ~ 51TE PLAN & DEVELOPMENT STANDARDS Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Section 4.4.24, OSSHAD, Principal Uses and Structures (B){12) 7'he uses allowed as permitted uses in Section 4.4. ~3(B) pursuant fo the base district and special regulations of the Central Business District regulafions shall also be allowed in OSSHAD on the subject property. Section 4.4.13, Central Business District, Principal Uses and Structures Permitted (B){3)(a} Restauranfs are a permitted use. STAFF COMMENT: The proposal is to expand the existing permitted restaurant use, which is permitted in both the OSSHAD and CBD zoning districts. Section 4.4.24, OSSHAD, Development Standards (F){1) The subject property is subject to the development standards of the Central Core (CC) area of the CBD Zone District, excluding exemptions fo heighf limitafions provided in Section 4.3.4(J)(4). Section 4.4.13, Central Business District, Development Standards (F){4)(a)2. The minimum front setback for buildings wifh nonresidential uses on the ground floor is five feet {5 J. {F)(8) Balconies may encroach a maximum of four feet (4') into the setback. STAFF COMMENT: The required setback is five feet (5'), and the balcony may encroach up to four feet (4'). Regarding the balcony, the proposal exceeds the encroachable area by one foot (1') as the occupiable portion of balcony-canopy is located an the property line. Meanwhile, the canopy portion extends into the right of way, and will require a Hold Harmless Agreement. The balcony- canapy suppnrt columns and entry arch columns also encroach into the setback area as they are located two inches (2") from the property line. Additionally, the fixed high tops on the first floor encroach into the required five foot (5'} setback area, as they are located approximately two feet (2') in the setback area. Therefore, a waiver to this requirement has been requested and is analyzed below. It is noted that the City Engineer has expressed support of the encroachment in the right of Section 4.4.24, OSSHAD, Supplemental District Regulations (G)(4){b) Restauranfs shall provide six {6) spaces per one thousand {~,Q00) square feet of total new or existing floor area being converted to restaurant use. HPB Meeting of December 1, 2010; 2010-218 32 East Atlantic Avenue; Page 4 of 15 STAFF COMMENT: The required amount of parking spaces for the additional 241 square feet of occupiable floor area on the balcony is 1 space, which has been accommodated via an approval of in-lieu parking spaces by the City Commission at its November 2, 2010 meeting. Therefore, this requirement has been met. Technical Review: Building Department Accessibility, which complies with ADA requirements, is to be provided fo the second floor and proposed balcony area. Technical Review: Landscaping The design of fhe proposed second sfory balcony will cause impact to the existing oak tree. However, it appears that the impact will be minimal. Pruning of secondary lateral branches will need fa be dare, and the project can move forward with a few stipulafions: a) That all pruning be done by a Certified Arborist and is monitored by the City of Delray Beach's Senior Landscape Planner. b) That fhe Senior Landscape Planner be notified three (3) days prior to the pruning of the free. c) That fhe owner agrees to pay any costs associated to the damage and/or death fo the free including al! replacement costs. STAFF COMMENT: Due to the significant importance of these technical commenks, each has been added as a recommendation for the Board to include in their direction to the applicant. WAIVER Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a fnding 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. Section 4.4.13, Central Business District, Development Standards [F)(4)(a}2. The minimum front setback for buildings with nonresidential uses on the ground floor is five feef (5). (F)(8) Balconies may encroach a maximum of four feet (4') into the setback. STAFF COMMENT: As previously stated, the proposed balcony-canopy feature encroaches into the setback area as the occupiable portion on the second floor is located on the property line, and the support columns and entry arch columns are located two inches (2") from the property line. Additionally, the fixed high tops on the first floor encroach into the required five foot (5') setback area, as they are located approximately two feet (2') in the setback area. The waiver request is attached. HPE3 Meeting of C]ecember 1, 2010; 2010-218 32 East Atlantic Avenue; Page 5 of 15 WAIVER ANALYSIS: Inconsideration of the criteria above, the waiver may be analyzed accordingly: (a) The encroachment of the balcony to the property line, and high tops 2' into the 5' setback area should not adversely affect the neighboring area, as the occupiable space in both cases is contained within the property. Additionally, these elements are open spaces, which will lend to more indoor-outdoor interaction along the Avenue, as opposed to enclosed spaces, which would also have an impact with additional building mass on the streetscape; (b} The request will not diminish the provision of public facilities, as it is unlikely to create an impact; (c) The encroachment in both cases should not create an unsafe situation. The balcony rail meets the minimum rail height of 42", and the high tops are attached to the building, within the outdoor seating area permitted by the Sidewalk Cafe approval; (d) The request shouldn't result in the granting of a special privilege. First, the balcony columns, exclusive of the entry arch columns, are reminiscent of the original columns and recessed entry which were both removed during the 9995 renovation. Therefore, this element is appropriate in an attempt to reflect the earlier design. However, this is not the case for the entry feature, as it is too massive, and is considered a special privilege, as it is unlikely to be granted under similar circumstances. Although the encroachment of the high tops could be considered a special privilege, their function is the same as provided by the sidewalk cafe seating, and they will not create additional building mass which will negatively impact the streetscape. Should a similar proposal be submitked, the same waiver would likely be considered for the other property, as well. Based upon the above, positive findings with respect to LDR Section 2.4.7(B)(5), Waiver Findings, can be made with respect to the encroachment of the balcony and high tops into the setback area, subject to revision of the entry arch, as further described below. LDR SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES (E) Development Standards All development regardless of use within individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shat! comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. STAFF COMMENT All applicable goals, objectives, and policies of the Comprehensive Plan, the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interiors Standards for Rehabilitation have been applied to the subject proposal in order to ensure compliance with their intent. (E)(1) Exterior Architectural Features Far the purpose of this Section, exterior architectural features steal! include, but not be limited to the following: (aj The architectural style, scale, general design, and general arrangement of the structure's exterior; (b) The type and texture of building material; and HPB Meeting of December 1, 2010; 2090-218 32 East Atlantic Avenue; Page 6 of 15 (c) The type and style of all roofs, windows, doors, and signs. (E)(2){c) Major and Minor development For purposes of this section, minor development standards shall be applied to all modifications fo existing contributing and noncontributing structures in all historic districts on property zoned CBD and CF as well as all properties in the OSSHAD zoning district subject fo the CBD Design Guidelines. STAFF COMMENT The proposal is considered Minor Development as it is zoned OSSHAD, yet subject to the CBD Design Guidelines (Development Standards). (E)(~4) Alteratinns In considering proposals for alterations to the exterior of historic buildings and structures and in applying development and preservation standards, the documenfed, original design of fhe building may be considered, among other factors. STAFF COMMENT The original design of the subject structure has been considered, and photographs from both the 1950s and 1990s are attached. (E)(5) Standards and Guidelines. A historic site, building, structure, improvement, or appurtenance within a historic district steal! only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards far Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. The applicable Standards are noted as follows: A property steal! be used for ifs historic purpose or be placed in a new use that requires minimal change fo the defining characferistics of the building and its sife and environment. (Standard 1) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (Standard 2) Each property shat! be recognized as a physics! record of its time, place, and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. (Standard 3) New additions, exterior alterations, or related new construction shall not desfroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architecfura! features to protect fhe historic integrity of fhe property and its environment. (Standard 9) New addifions and adjacent or related new construcfion shall be undertaken in such a manner that if removed in fhe future, the essential form and integrity of the historic property and its environment would be unimpaired. (Standard 10) HPB Meeting of December 1, 2014; 2090-218 32 Fast Atlantic Avenue; Page 7 of 15 STAFF COMMENT & ANALYSIS The applicable Standards noted above have been applied to the subject proposal as follows: Standards ~-2: The restaurant use should not impact or require changes which impact the character. While the downstairs has already been significantly impacted, the second story elevation should be maintained as much as possible to limit additional loss of integrity. This would be achieved by maintaining the origins[ openings on the second story. Standard 3: The proposed entry arch and reveals throughout are purely conjectural and further remove the architectural style from Masonry Vernacular. Standards 9-10: While the proposed work is differentiated, it is not done in an appropriate manner as it significantly detracts from the property and does not protect or unimpair the historic integrity of its environment (Atlantic Avenue). Further, the significant window alterations on the second story further destroy the original character of the building and should be maintained bath in wid#h and height; the conversion of these windows to doors would be deemed appropriate if the original openings were maintained. Based on the above, the proposal does not comply with the in#ent of the Secretary of the Interior's Standards for Rehabilitation, and positive findings cannot be made. The Guidelines suggest the following with respect to windows: • Windows are a preeminent character defining feature of a building. Their placement, design and materials serve to articulate and give definition. • Any replacement design should take into consideration the features of the original, including size and shape of frame and opening; Light configuration; muntin and mullion profiles and their configuration, among all other details. • Not Recommended.' Cuffing new openings, altering existing openings, blocking windows. _. STAFF COMMENT & ANALYSIS ', The intent of the applicable Guidelines noted above has not been met in #hat the remaining' windows, which are "character-defining features", are not being retained. Further, their' placement and design is also being significantly altered. The replacement design does not' maintain the size or shape of frame and opening, the light configuration, muntin and mullion', profiles and their configuration, as suggested in the guidelines. Additionally, the guidebook' recommends against "cutting new openings, altering existing openings, and blocking windows",', all of which are proposed. ', Based on the above, positive findings cannot be made as the proposal does not comply with the intent of the guidance provided in the Delray Beach Historic Preservation Design Guidelines. ~E)(8} Visual Compatibility Standards. New consfruction and a!I improvemenfs to both contributing and noncontributing buildings, structures and appurtenances fherefa within a designated historic district or on an individually designated property steal! be visually compatible. In addition to the Zoning District Regulations, the Historic Preservation Board shall apply the visual compatibility standards provided far in this Section with rEgard fo height, width, mass, scale, facade, openings, rhythm, material, color, Texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. Visual compatibility for minor and major development as referenced in Secfion 4.5.1(E)(2) shall be defermined by utilizing criteria contained in (a)-(m) below. HPB Meeting of December 1, 201 ~; 2010-21$ 32 East Atlantic Avenue; Page 8 of 15 (a) Height: The height of proposed buildings ar modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district far all major and minor development. (b) Front Facade Proportion: The front facade of each building or sfrucfure shall be visually compatible with and be in direct relationship to the width of the building and fo the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportiono#__Openings Windows and Doors}: The openings of any building wifhin a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject hisforic district. (d} Rhvthm of Solids to Voids: The relationship of solids to voids of a building or sfrucfure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the franc facades. (e} Rhvthm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures wifhin the subject historic district. (f} Rhvthm of Entrance andlor Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g} Relationship of Materials. Texture, and Color: The relationship of materials, fexture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. (i} Walls of Continuiity: Walls, fences, evergreen landscape masses, ar building facades, shall form cohesive walls of enclosure along a street to ensure visual compafibilify with historic buildings or structures within the subject historic district and the structure to which if is visually related. Q) Scale of a Building; The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compafible with the building size and mass of historic buildings and structures wifhin a historic district for all development. (k) Direc__tional Expression of Front Elevation: A building shall be visually compatible with the buildings, strucfures, and sites within a historic district for al! development with regard to its directional character, whether vertical or horizontal. (I} Architectural Style: A!1 major and minor development shall consist of only one (9) architectural style per sfructure ar property and not introduce elements definitive of another style. STAFF COMMENT & ANALYSIS The general nature of the proposal is compatible and appropriate; however, there are concerns with the details which do not meet the intent of the review criteria as fopaws: FIPB Meeting of December 1, 2010; 2010-218 32 East Atlantic Avenue; Page 9 of 15 (a) The height of the entry feature is not compatible, and this feature should be completely removed, as it is proposed as a means of attracting or directing visitors to the entry, which may be achieved in a more appropriate manner. (c}-(d} While the proportion of the proposed doors and windows is generally appropriate in itself, the proportions are smaller than the original openings, and therefore, not appropriate. Meanwhile, the proposal is adding glass area to the first floor, which is more appropriate when considering the original storefront on the building. Further, the rhythm of solids to voids as originally existing has been altered and will be further altered by the subject proposal. (e)-(f} The proposed entry feature will interrupt the rhythm of buildings on the street as it is not visually compatible with other entrances of a similar style, whether deemed historic or not. (i}-(k} The front entry feature, as part of the building fapade, does not ensure visual compatibility with the historic buildings or structures within the district or the structure to which it is visually related, Further, the directional expression of the front elevation is evident, and this feature should not be needed to further emphasize the obvious. (I} The building was originally constructed in the Masonry Vernacular style with simple art modern elements and features indicative of its time. Throughout the years, the style has evolved into a different architectural style. Overall, the main concerns with the proposal are those which will have the most impact on the structure, regardless of its official classification as contributing or non-contributing. The second story openings should remain in order to avoid further loss of the original facade elements, leaving only the eyebrow. Based on the above, positive findings canno# be made with respect to the Visual Compatibility Standards. REQUIRED FINDINGS Pursuant to LDR Section 3.1.1, Required Findings, Prior fo the approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved fhrough information on the application, written materials submifted by the applicant, the sfaff report, or minutes. Findings shall be made by fhe body which has the authority fo approve or deny fhe development application. ~A~ FUTURE LAND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on fhe Future Land Use Map, STAFF COMMENT The subject property has a FLUM (Future Land Use Map) designation of OMU {Other Mixed Use) and zoning designation of OSSHAD. The zoning district is consistent with the OMU Future Land Use Map designation. The existing restaurant use is permitted, and therefore, its use expansion is appropriate, as well. Thus, positive findings can be made with respect to Future Land Use Map consistency. ~B) CQNCURRENCY: Concurrency musf be met and a determination made that fhe public facility needs, including public schools, of the requested land use and/or development application will not exceed the ability of fhe City and The School District of Palm Beach County NPB Meeting of pecember 1, 2010; 2010-218 32 bast Atlantic Avenue; Page 10 of 15 fo fund and provide, or to require the provision of, needed capital improvements in order to maintain the levels of Service Standards established in Table C1~GOP-1 of fhe Comprehensive Plan. STAFF COMMENT The applicable Concurrency items are noted as follows: Streets and Traffic: The property is located within the TCEA, and therefore, a Traffic Study is not required. While there will be a slight increase in daily trips generated by the expanded use area, the increase will be minor and will not impact traffic concurrency on the adjacent roadways Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made {C} CONSISTENCY: A finding of overall consistency maybe made even though fhe action will be in conflict with some individual performance sfandards contained within Article 3.2, provided that fhe approving body specifically finds that fhe beneficial aspecfs of fhe proposed project (hence compliance with some standards) outweighs the negafive impacts of identified paints of conflict. STAFF COMMENT As described in Appendix B, a posi#ive finding of consistency can be made as it relates to Standards for Site Plan Actions, subject to compliance wi#h the recommended direction. A review of the objectives and policies of the adapted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Objective A-1 Property shall be developed or redeveloped, in a manner so that fhe fufure use, intensity and density are approprr`afe in Perms of soli, 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. STAFF COMMENT The further development of the existing restaurant use is appropriate and compatible as it is a permitted use, and will further enhance the Avenue while also creating the potential to create additional foot traffic to an area not as busy as others to the east. Therefore, the proposal to expand the restaurant use on the subject property is consistent with the subject Objective. Future Land Use Ob~ective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be mef through continued adherence fo the City's Historic Preservation Ordinance and, where applicable, to architectural design guidelines Through fhe following policies: Future Land Use Policy A-4.1 Prior to approval or recommending approval of any land use or development application for property located within a historic district or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent with the provisions of Section 4.5.7 of the Land Development Regulafions relating fo hisforic sites and disfricts and fhe "Delray Beach Design Guidelines". HFB Meeting of December 1, 2010; 2010-218 32 Fast Atlantic Avenue; Page 11 of 15 Future Land Use Policy A-4.2 In order to protect fhe Cify's historic resources, the Land Development Regulations shall include provisions for designation of historically significant buildings, structures, archaeological sifes, or districts. The Cify shall conduct periodic neighborhood surveys to identify and evaluate potential historic resources at least once every five years. STAFF COMMENT The proposed alterations are not in keeping with the building's original architectural character, and will further diminish any remaining details of the original front fapade. Compliance with the LDRs, primarily Section 4.5.1, has not been achieved, nor has the intent of the noted Standards for Rehabilitation and Guidelines been met. Regarding the survey requirement, this was met, and a recommendation to reclassify the property as Contributing was made by the Consultant. However, the property owner "opted out" of the reclassification process, thereby eliminating the possibility of taking advantage of those benefits afforded to contributing properties. Regarding Policy A-4.1 above, the proposal is not consistent with its intent, and therefore, positive findings cannot be made. Future Land Use Obiective C-2 Economic developmenf, with due regard for private property rights, historic preservation and character, is an essential component of the redevelopment and renewal efforts which are directed to the fufure of the Cify of Delray Beach. Specific efforts for the coordination and provision of economic development activifies shall be centered in the City Adminisfrafion`s Developmenf Services Management Group. Future Land Use Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-7-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City`s Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in fhe achievement of this objective. STAFF COMMENT While the proposal provides for additional economic development opportunities with the expanded use area, due regard far historic preservation and character is not evident in the proposal, as the business's success and expansion does not hinge on the redevelopment as presented. The project could comply with the intent of the review criteria while experiencing economic success. Regarding Objective C-2, the proposal is not consistent Wlth its Intent, and therefore, positive findings cannot be made, (D) Compliance with LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs), if shat! specifically be addressed by the body faking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulation portions of individual zoning disfricf regulations. STAFF COMMENT As described throughout the report, there are many concerns with the proposal which should be addressed prior to making a positive finding of consistency with the LDRs. HPB Meeting of December 1, 2010; 2010-298 32 East Atlantic Avenue; Page 12 of 15 REVIEW BY OTHERS At its meeting of October 11, 2010, the Downtown Development Authority {DDA) reviewed the proposal and recommended approval, subject to the provision that the "tree located to the front remains in place." At its meeting of October 21, 2090, the Community Redevelopment Agency (CRA) reviewed the proposal. Staff informed the Board that the reclassification application had been submitted, and that khere were concerns with the proposal, as expressed throughout this report. The Board agreed with Staff's concerns and recommended approval subject to compliance with those noted concerns. ASSESSMENT AND CONCLUSION Overall, the general idea of the proposed improvements is supported, and given the present architectural style of the building, the proposal is not necessarily inappropriate. However, significant changes have occurred to the building which, as painted out by the Historic Preservation Planner in 1996, were not appropriate and have had a negative impact to the integrity of the building. Therefore, additional improvements should take those extra steps necessary, as required by the review criteria, to protect those elements which remain, as well as provide appropriate and compatible solutions to the new development. As previously stated, an application for the reclassification of the subject property has been submitted. Historic properties are able to receive certain benefits for their appropriate improvements. These benefits are not afforded to non-contributing properties. The benefits include a ten year tax exemption on the increased value resulting from HPB approved improvements, variances, and eligibility for the CRA Fapade Easement program. Staff has informed the property owner that should the proposed improvements be approved by the Board, a recommendation to deny the reclassification would be provided as the integrity would be further compromised. Based on the analysis and concerns provided throughout the Staff Report, Staff recommends that the Board direct the applicant to provide revisions accordingly, and move forward with the reclassification application. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Certificate of Appropriateness, Site Pian Modification, and waiver request (2010-218) for 32 East Atlantic Avenue, 32 East, 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 the Land Development Regulations and Comprehensive Plan, subject to conditions of approval: C. Move denial of the Certificate of Appropriateness, Site Plan Modification, and waiver request (2010-218) for 32 East Atlantic Avenue, 32 East, 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 #hereof, does not meet criteria set forth in the Land Development Regulations and Comprehensive Plan. HPB Meeting of December 1, 2010; 2010-218 32 East Atlantic Avenue; Page 13 of 15 STAFF RECOMMENDATION Certificate of Appropriateness and Site Plan Modification Continue the Certificate of Appropriateness and Site Plan Modifica#ion (2010-218) for 32 East Atlantic Avenue, 32 East, Old School Square Historic District, with the following direction: 1. That the original openings on the second floor are not altered in width or height, but may be altered from windows to doors by removing the lower wall below each existing opening; 2. That the middle set of French doors on the second story are removed; 3. That the entry arch be removed; 4. Tha# accessibility, which complies with ADA requirements, be provided to the second floor and proposed balcony area; 5. That the fallowing landscape technical comments are addressed: a} That all pruning be done by a Certified Arborist and is monitored by the City of Delray Beach's Senior Landscape Planner; b} That the Senior Landscape Planner be .notified three (3} days prior to the pruning of khe tree; c) That the owner agrees to pay any costs associated to the damage andlor death to the tree including all replacement costs. 6. That the horizontal reveals are removed; 7. That all muntin patterns replicate those of the original building or are removed where muntins did not originally exist; and, 8, That a Hold Harmless Agreement is executed. Wainer: LDR Section 4.4.13{F){4} & 4.4.13(F}{$} Recommend approval to the City Commission of a waiver to LDR Sections 4.4.13(1")(4), which requires a minimum front setback of five feet (5'), and LDR Section 4.4.13(1=)(8), which permits balconies to encroach up to four feet (4') into the front setback, by permitking the following: 1. A balcony to encroach five feet (5') into the front setback and locate it on the front property line, 2. The support columns of the balcony-canopy and entry arch columns to encroach four feet, ten inches (4'10") into the setback area and locate them two inches {2") from the property line sublect to removal of the entry feature and replacement with columns similar to those proposed throughout; and, 3. Three (3) attached high top table features to encroach #wo feet (2'} into the setback area. Prepared by: Amy E. Alvarez, Historic Preservation Planner Appendix A Page 1 Page 1 APPENDIX A 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. Does not meet intent X, Recommendations to meet the intent have been provided. 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-~ of the Transportation Element. Not applicable X C. Open space enhancements as described in Policies found under Objective B-7 of the Open Space and Recreation Element are appropriately addressed. Not applicable X D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. I# 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 X 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 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. Meets intent ofi standard X 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 Appendix 8 Page 2 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 ar denied. Meets intent of standard X 1. ©evelopment 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 develapment taking actions to remedy the accident situation. Meets intent of standard X 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 •;~ BR~Vt~ ARCHITECTURE 85 S.E. 4TH AVENUE ©ELRAY BEACH, FL 33483 PHONE: 561.272.7301 FAX: 561.272.3722 LICENSE N4. AR0013954 BREW ERARCHITECTURE.COM September 30, 2010 Amy Alvarez Historic Presentation Planner City of Delray Beach 100 NW 15~ Street Delray Beach, FL 33444 RE: 32 East facade preservation and improvements Dear Amy: --- - ,- ii ~~ 'r ~, ~~;` li SEP ~ Q 2~i0 E, , As per your request and your direction, meetings and Staff comments dated September 16, 20'10, we would Pike to request the following waivers: 1. Relief to LDR Section 4.4.13(F)(4) which requires non residential uses to have a setback of 5'-0" from property line. It would be structurally unfeasible and unsafe to construct a canopylbalcony dimensionally adequate to corner dinners without the use of columns, therefore we would like to request relief to the LDR's in order to accommodate four columns which would be placed 2" back from the North property Line. 2. Relief to LDR Section 4.4.13(F)(8) which allows balconies to encroach 4'-0" into the set backs. The balcony we are requesting would, per Paul Dorling°s direction, end at the North property line, and therefore requiring relief to the LDR's. Please find a check attached in the amount of $280.OQ and consider our request favorable, ~# there are any questions I can be reached at the above number. submitted: George Brewer Project Architect `~ ,: ~, '~~ ~~ _, ~~~. a ~ ~ ~ I~ ~- dl uu i i i i r ~, u, III ',~ u' ~~i. ii~ tllpn~ i ii`.° iv ii ~~ ~~~~ r; ,~T;- ~ ~~~~~ 9s ~~ ~~;; ~ ~ ~ ~ ,, ~ III ,., i ~~ :~ r~ ,„ ~ 1 - , ~, '' 1, ~,~I ~ ~ ~; - ~ i a ~ ~ i ~, III ~ ~ ~~ ~ _ ~ 1 + ~~ ~~ ~ I~„ ~. i ~. _ ~ I ~. ~~ ~' ~. ~ ~~ ~~ I i ~ _, ~~ ~, ~~~ i ~ I 1 i ~'F ~. i•' ~ ' ` ,,... r le 'W. ~ n . / i i ~~ ~ ~i,f; 1' i - I / ~ i, ~ ~; I ~ ~,, ~ ~:;. >z ;^ v~; F r ~ , 4, p~ .. ,.. t. . n; ,~ , ,~ x ~ . ~ '~ I ~ ", I yii ~ II r ~ K ~~I ,.N ii' _ F o- ' ~~.. ~ ,~r-F } „ ~ ~ ~ y ~ a ~ ~ t _ ~ t . . 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Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 WAIVER REQUESTS/209 N. SWINTON AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is approval of the following waivers: 1. Reduction of the required driveway width to 10'4" along the north property line adjacent to the existing, historic building, whereas 24' feet is required by LDR Section 4.69(D)(3)(a-b), Off-Street Parking Regulations: Point of Access to the Street System, Maximum and Minimum Width. 2. Reduction of the required landscape strip to 2' along the north property line and 1' ll" along the east property line, where a 5' landscape barrier is required between the common lot line and off-street parking area or other vehicular use area, in accordance with LDR Section 4.6.16(H)(3)(d), Landscape Regulations. 3. Reduction of the required terminal landscape island to 2' adjacent to the building, whereas 5' (exclusive of the required curb) is required by LDR Section 4.6.16(H)(3)(i), Landscape Regulations. BACKGROUND At its meeting of December 15, 2010, the Historic Preservation Board (HPB) considered and approved a Certificate of Appropriateness (COA) and Class V Site Plan Application for the conversion of a single- family residence to office use. The HPB considered the waiver requests concurrently with the COA and Site Plan requests and recommended approval of each waiver by a vote of 7-0. The proposal considered by the Board and reflected in the attached documents differs from the waivers noted above as the dimension of the landscape buffer along the east property was originally proposed at a width of 2' 11", and a terminal landscape island adjacent to the building was not proposed. The Board's review of the waivers resulted in a revision to their dimensions, which are reflected in the above noted requests; the plans have not yet been revised. WAIVER ANALYSIS Pursuant to LDR Section 4.69(D)(3)(a-b), the point of access to a street or alley shall have the following dimensions: 24' for a normal two-way private street or parking lot driveway aisle, 20' for a private driveway which has less than 200 Average Daily Trips, 12' for cone-way driveway or parking lot aisle. A waiver is requested as the drive aisle width along the north property line measures 10'4" adjacent to the building. 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 properties. This 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 (5) feet in width.Awaiver is requested as the proposed landscape buffer along a portion of the north property line measures approximately 2', while a portion of the landscape buffer along the east property line measures approximately 1' 11". Pursuant to LDR Section 4.6.16(H)(3)(i), each row of parking spaces shall be terminated by landscape islands which contain a minimum of seventy-five (75) square feet of plantable area, with a minimum dimension of five (5) feet, exclusive of the required curb. A waiver is necessary as the proposed terminal landscape island adjacent to the historic building will contain a plantable area measuring approximately 36 square feet, and a width of 2'. 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. The reduction of the landscape buffer to accommodate the driveway and parking area for the adaptive reuse of the historic property is supportable, as it is a sufficient compromise to accommodate an adequate amount of vehicular maneuvering area, while providing an amount of landscaping to buffer and screen the parking from adjacent properties. Therefore, the granting of the waiver a) will not adversely affect the neighboring area in that the overall improvement area is minimal, consisting of two (2) spaces, the same amount required for single family residences; b) will not diminish the public facilities; c) will not create an unsafe situation in that it is the minimum necessary to obtain compliance with the required maneuvering area for vehicles (creating a safer situation); and d) is not a special privilege, in that it has been or would be granted in similar circumstances for historic properties undergoing an adaptive reuse from residential to commercial. Similar to the reasoning above, the reduction of the terminal landscape island is necessary to accommodate the required parking spaces associated with the adaptive reuse and is supportable; the landscape island proposed, while minimal, provides an amount of additional greenery between the historic structure and parking spaces. Therefore, granting of the waiver will a) not adversely affect the neighboring area; b) not diminish the public facilities; c) not create an unsafe situation; and d) is not a special privilege, in that it has been or would be granted in similar circumstances for historic properties undergoing an adaptive reuse from residential to commercial.. The reduction of the drive aisle width between the historic building and the north property line is supportable in that it will accommodate a viable adaptive reuse of the property, while maintaining the existing residential character of the property. In reviewing the waiver criteria, the granting of the subject waiver will a) not adversely affect the neighboring area in that the existing driveway conditions will remain, eliminating the negative impact with the provision of additional hardscaping; b) not impact the provision of public facilities; c) not create an unsafe situation as the width is an existing condition and traffic impacts should be minimal with the change of use as there are only two spaces located at the rear of the property, and all traffic entering onto the right of way is required to do so in a forward manner; and, d) the relief will not result in a special privilege in that similar reductions for historic properties have been granted in other circumstances for historic properties undergoing an adaptive reuse to commercial from residential. RECOMMENDATION Approve the waiver to LDR Section 4.69(D)(3)(a-b), which requires that the point of access to a street and the driveway aisle not be less than 24', allowing a reduction to 10'4" for the drive aisle along the north property line adjacent to the historic building. Approve the waiver to LDR Section 4.6.16(H)(3)(d), which requires a 5' wide landscaped barrier between the off-street parking area or other vehicular use area and abutting properties, permitting a landscaped barrier width of 2' along a portion of the north property line, and 1' ll" along the east property line. Approve the waiver to LDR Section 4.6.16(H)(3)(i), which requires that each row of parking spaces terminate with a landscape island containing a minimum of 75 square feet of plantable area, with a width of five (5) feet, exclusive of the required curb, permitting approximately 36 square feet of plantable area within a 2' wide terminal landscape island between the building and the handicap parking space. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 209 NORTH SWINTON AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding 209 North Swinton Avenue has come before the City Commission on January 4, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 209 North Swinton 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: LDR Section 4.6.9(D)(3)(a-b) requires that the point of access to a street and the driveway aisle not be less than 24'. The Applicant has requested a reduction from 24' to 10'4" for the drive aisle along the north property line adjacent to the historic building. LDR Section 4.6.16(H)(3)(d) requires that a 5' wide landscaped barrier be provided between the off-street parking area or other vehicular use area and abutting properties. The Applicant has requested a reduction from a 5' landscaped barrier width to 2' along a portion of the north property line, and 1'11" along the east property line. LDR Section 4.6.16(H)(3)(i) requires that each row of parking spaces terminate by a landscape island containing a minimum of 75 square feet of plantable area, with a dimension of five (5) feet, exclusive of the required curb. The Applicant has requested a reduction to approximately 36 square feet of plantable area within a 2' wide terminal landscape island between the building and the handicap parking space. 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. Does the waiver request to LDR Section 4.6.9(D)(3)(a-b) meet all the requirements of 2.4.7(8)(5) 1 Yes No Does the waiver request to LDR Section 4.6.16(H)(3)(d) meet all the requirements of 2.4.7(6)(5) Yes No Does the waiver request to LDR Section 4.6.16(H)(3)(i) meet all the requirements of 2.4.7(6)(5) Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the request 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 Section 4.6.9(D)(3)(a-b), Section 4.6.16(H)(3)(d), and Section 4.6.16(H)(3)(i), subject to the conditions, if any, imposed in this order. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 4t" day of January, 2011, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 ~a7~®1+~~ ~alli~RYA~lo! ®+AI~ C~ 9 ~ ®F ®~LR/'''- i ®~AL+~ a7 1 AFF R~~®R A MEETING DATE: December 15, 2010 ITEM: 209 North Swinton Avenue, Old School Square Historic District -Certificate of Appropriateness and Class V Site Plan Modification for a change of use from residential to office. GENERAL DATA: Owner :....................... Joseph Traina Agent :........................ David Frank Location :..................... 209 North Swinton Avenue Property Size :.............. .115 acres Future Land Use Map:... Other Mixed Use (OMU) Current Zoning :............ Old School Square Historic Arts District {OSSHAD) Adjacent Zoning:.......... North: OSSHAD South: OSSHAD East: OSSHAD West: OSSHAD Existing Land Use:........ Single-Family Proposed Land Use:..... Office Water Service :............ Exis#ing on site Sewer Service :............ Existing on site - ~~~ ~ n'` i' N.E, 5TH 5T.4Q- << LAKE --- I D A ~.~. 4TN ST. R 0 A D ~ ~ a ~ ~ w ; Z ~ ~ z _._ Q N.W. 3RD ST. N.~. 3RD ST. Z w '~ 'a Z Z N.w, 2ND sr. N.E. 2ND 5T. z a © _ ~ z ~ - - tn 3 J Z ~- 0.. W Z 1ST S . ~- ITEM BEFORE THE BOARD The item before the Board is consideration of a Certificate of Appropriateness (COA), Class V Site Plan, and waiver requests for 209 North Swinton Avenue, Inteletravel, Old School Square Historic District, pursuan# to LDR Section 2.4.5(F). The subject property is located on the east side of North Swinton Avenue between NE 2"d Street and NE 3`a Street. BACKGROUND AND PROJECT DESCRIPTION The subject property consists of the North 50 feet of South 150 feet of West 100 feet of Block 66, Town of Delray, and is zoned Old School Square Historic Arts District {OSSHAD). Located within the Old School Square Historic District, the property contains cone-story, Mission style residence constructed in 1925, and is classified as contributing in the historic district. There are no previous COAs on file for the subject property. The subject request is for a change of use from single-family residential to Professional Office, primarily involving the accommodation of two {2) parking spaces to the rear of the property, along with associated landscaping improvements. Two waiver requests relative to the driveway width and landscape buffers have also been submitted. In anticipation of the subject proposal, an in-lieu of parking request was submit#ed and approved by the City Commission at its February 6, 2007 meeting. The approval requires two {2) spaces to be purchased at $7,800 each in lieu of providing two (2) of the four (4) parking spaces required for the conversion. The subject Class V Site Plan Application is now before the Board for consideration SITE PLAN & DEVELOPMENT STANDARDS I#ems identi#ied in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicatianlrequest. Article 4.4, Base Zoning District Section 4.4.24, Old Schavl Square Historic Arts District [OSSHAD} [B}(3}, Principal Uses and Structures Business, Professional, Medical and Governmenfa! Offices are allowed within the OSSHAD as a permifted use. [G}[3}, Supplemental District Regulations All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. [G}[4}[d}, Parking Requirements Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq. ft. of nef floor area, or by at least one space, where there is a mix of residential and office use in the same structure. 2Q~) ~l~~~h Su~iritnr, Av~.niic~. Ii~te~etravc:I, 2t~{73-1"7~4 H~'~; ~t~et~tinq C)ecei3~iber 9~~. ?(11~ I'ac~e 2 of '1 1 (G)(5} !f it is impossible or inappropriate to provide required parking on-site or off-site, pursuant to Section 4.6.9(E)(4), the in-lieu fee option provided in Section 4.6.9(E}(3J maybe collected, STAFF COMMENT: The proposed office use is permitted in the OSSHAD zoning district. The floor area measures approximately 930 square feet, which requires four (4) parking spaces. As previously noted, two {2) of the required spaces have been accommoda#ed via the in-lieu of parking approval by the City Commission. Therefore, two (2) parking spaces must be accommodated on site, which have been located to the rear of the property and consist of one {1) standard space, and one (1) handicap space. Thus, the applicable OSSHAD requirements noted above have been met. Article 4.6: Supplemental District Regulations Section 4.6.6, Commercial and Industrial Uses to Operate Within a Building (C)(1}, Restrictions on Outside Usage 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-of- way. STAFF COMMENT: A concrete pad for the purpose of storing a 90 gallon trash container is designated on the plans adjacent to the narkheast corner of the structure, This area has been properly screened an three sides by both the building and landscaping. The access opening faces the parking area, which is not visible from any public right of way. Therefore, this requirement has been met with the exception of the provision of rec cling containers, which is added as a condition of approval Section 4.6.8, Lighting {A~{1), Luminaries Height Maximum height allowed fior luminaries in Commercial Parking Lots is 25'. (A)(2), Cutoff Luminaire Required All perimeter exterior lighting shall be full cutoff luminaries to minimize spillover on adjacent properties. !n order to decrease urban glow, no luminaries shall be directed upwards (A)(3), Illumination Standards Illumination standards for the subject property apply as follows: T e of Li htin Illumination Foot Candles Maximum 1 Pro osed Minimum 1 Proposed Office Parking Lot 12.012.8 1.01 1.0 STAFF COMMENT: The submitted photometric plan meets the minimum and maximum requirements outlined above. A 15' tall, concrete pole with an aluminum gooseneck style fixture is located to the rear of the property, and four {4) wall mounted fixtures of a similar style are proposed on the building. However, an entry light on the front of the building which faces North Swinton Avenue is not illustrated. Therefore, a revision to include the level of illumination from this fixture is necessary. In addition, the proposed style of lighting fixtures should be revised to a type more consistent with the architectural style of the historic building, such as a decorative wrought iron fixture, or something similar and containing the same characteristics. The proposal meets the requirements of the subject Section, with the noted revisions recommended as conditions of approval. r?i?~ lslorill S~EnE?TOi?;~.,erE~?.~, 1r€ieEeir~trel, 2JuH-1?=~ s~;'B N'iE:,,,iE?~ UeceE?~Eher ~i5, 2~"(~ Pape 3 of i 1 Section 4.6.9, Off-Street Parking Regulations (C)(1)(c)(3}, Bicycle Parking Bicycle parking facilifies shall be provided in a designated area and by a fixed or stationary bike rack for any non-residential use wifhin fhe City's TCEA which, fhrough the development review process, is determined fo generate a demand. STAFF COMMENT: A bicycle rack has not been included in the proposal, as the nature of the proposed office use is primarily "internet-based," and clients are not anticipated to visit the property. However, this may only be applicable towards the current office, and future office uses may generate such a demand. This type of demand may also be created at any point due to the limited parking area on site, and should, therefore, be provided. This has been added as a condition of approval. A decorative bicycle rack which emulates wrought iron would be most appropriate. (D)(3y[a-b), Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet (24) and shall not be less than:24' for a normal two-way private street or parking lot driveway aisle, 20` for a private driveway which has less than 200 ADT, 12' for cone-way driveway or parking lot aisle. STAFF COMMENT. An existing ribbon driveway aisle consists of two (2), two foot (2'} wide concrete strips adjacent to the north side of the building, and spans 4D' interior to the property from the front property line. This aisle is located in an area measuring just twelve feet (12'} a# its smallest width due to the limited property size which measures 5D' x 1 DD'. The concrete strips currently terminate at the fence which encloses the backyard. However, the fence will be removed, and the backyard will be converted to a concrete drive aisle and parking area. Due to the proposed aisle width which does not meet the minimum 24' requirement for atwo-way drive aisle, a waiver request has been submitted and is analyzed on the next page. Section 4.6.16, Landscape Regulatiions The subject application has been reviewed far technical compliance by the City's Senior Landscape Planner and was found to be in compliance with the subject Section with the exception of the following: {H)(3){d) A landscaped barrier shall be provided between the off street parking area or other vehicular use area and abutting properties. This landscape barrier shall be Located between the common !of line and fhe off-street parking area or other vehicular use area in a planting strip of not less than five (5) feet in width. (H}(s?(i) Each raw of parking spaces shall be terminated by landscape islands which contain a minimum of seventy-five (75) square feef of plantable area, with a minimum dimension of five (5) feet, exclusive of the required curb. STAFF COMMENT: The landscape width along the north and east property lines where abutting the proposed driveway and parking area does not meet the subject requirement as it is reduced to two feet (2'} along the north, and two feet, eleven inches (2'11") along the east. Additionally, a landscape island or any plantable area provided between the westernmost parking space and the building is not shown. This space is ADA compliant, and the striped access area abuts the building. Therefore, a waiver to these landscaping requirements has been requested and is analyzed below. 7_•,~ i~~~pr~ c~«~i ~~ ;~t ~v,~r~~~3~. lr~te[~~~t~;~v~f. 2€~~8-37~# Technical Review ~-Engineering The subject application has been reviewed for technical compliance by the Engineering Department and was found to be in compliance. WAIVER REQUESTS Section 2.4.7, Procedures for Obtaining Relief From Compliance With Portions of the Land Development Regulations {B}(5}, Waivers: Findings 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 prevision of public facilities; (c) Shall not create an unsafe situafion; 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. Section 4.6.9, Off-Street Parking Regulations (©}(3}(a-b}, Point of Access to the Street System, Maximum and Minimum Width The point of access to a street or alley shall be a maximum of twenty-four feet (24) and shall not be less than:24' for a normal two-way private street or parking lot driveway aisle, 20` for a private driveway which has less than 200 ADT, 92' for cone-way driveway or parking lot aisle. STAFF COMMENT: As previously noted, the two-way driveway aisle does not meet the minimum 24' width, as it measures 10'4" due to the limited amount space between the landscaping located along both the building and north property line. The waiver request states the following: The existing residence is approximately 16'4" away from the property line and 2' 11" landscape buffers have been provided between the driveway and the north property line. This leave 7' 10" between the driveway and the residence...because there will be minima! traffic volume on this driveway, we believe the granting of the waiver does not create an unsafe situation, ...will not adversely affecf the neighboring area, and will not result in the granting of a special privilege. " In consideration of the criteria noted above, the request may be analyzed as follows; (a) The subject waiver should not adversely affect the neighboring area in that the existing driveway conditions will remain, eliminating the negative impact with the provision of additional hardscaping; (b) The provision of public facilities should not be impacted; (c) While an unsafe situation may be presented with the driveway, it is an existing circumstance which should not be increased as there will be minimal traffic to the rear of the property, and all traffic entering onto the right of way is required to do so in a forward manner; (d) The granting of the subject waiver is not special privilege in that it has been granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential. Further, the granting of the waiver permits the maintenance of the residential character on the subject property. Given the above, positive findings can be made with respect to the subject waiver request. Section 4,6.16, Landscape Regulations 7.n~ t>'~rt1} ~~vinfnn ~1ven~ie; Intaletr~,v~;€, `1..fl03~'17~ ~~,_ ~ tii7ee~in~ i~ec:ern'~er 1 `, 2fJ~lfl ~'" ... ~~~ ~'I (H}(3}{d) A landscaped barrier shall be provided between the off-streef parking area or other vehicular use area and abutting properties. This 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 {5) feet in width. {H)(3)(i} Each row of parking spaces shall be terminated by landscape islands which contain a minimum of seventy-five (75) square feet of planfable area, with a minimum dimension of five (5) feet, exclusive of the required curb. STAFF COMMENT: As previously noted, the width of the landscape buffers along the north and east property Lines measure two feet (2'), and two feet, eleven inches (2' 11 "), respectively. Additionally, a landscape island is not proposed adjacent to the westernmost parking space, which terminates the parking row. The waiver request states the following: "The landscape architect has provided adequate screening between the parking and the neighbors on the north and east side." In consideration of the criteria noted above, the request may be analyzed as follows: (a) The elimination and reduction of the required landscape areas will not adversely affect the neighboring area in that the overall improvement area is minimal, consisting of two {2) spaces, the same amount required for single family residences, and strict adherence to the requirements are more appropriate when considering a larger scale project; (b) Public facilities should not be impacted by the reduction; (c) The reduction in landscape area and elimination of a terminal landscape island is the minimal necessary to obtain compliance with the required maneuvering area for vehicles, thereby creating a safer situation than would be created without the request; {d) The granting of the subject waiver is not special privilege in that it has been andlor would be granted in similar circumstances for historic properties undergoing an adaptive reuse to commercial from residential Given the above, positive findings can be made with respect to the subject waiver request. LDR SECTION 4.5.1, HISTORIC PRESERVATION DISTRICTS AND SITES (E} Development Standards All developmenf regardless of use wifhin individually designated historic properties and/or properties located within historic districts, whether contributing or noncontributing, residential or nonresidential, shall comply with the goals, objectives, and policies of the Comprehensive Plan, these regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (E}[3) Buildings, Structures, Appurtenances and Parking Buildings, structures, appurtenances and parking shall only be moved, reconstructed, altered, or maintained, in accordance with this chapter, in a manner that will preserve fhe historical and architectural character of the building, structure, site, or district. {E}(3}(b} Parking 1. Where feasible, alternative methods of meeting minimum parking standards contained in Sections 4.6.9{C){8) and/or 4.6.9(E), as applicable, shag be explored to avoid excessive use of historic properties and/or properties Located in hisforic districts for parking. Parking lots shall strive to contribute ?qsd w r,~:ii~ ;~~in€a» r~u°ri~!~_ lnfefe~t`~s~: !, 20C7~-[~7.~ ~3a:; P ~ ~ to the hisforic nature of the properties/districts in which they are located by use of creative design and landscape elements to buffer parking areas from historic structures. At a minimum, the following apfians shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right-of--way with fencing, landscaping, or a combination of the fwo pursuant to Section 4.6.5. c. Utilize existing alleys to provide vehicular access to sites. d. Construcf new curb cuts and street side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. STAFF COMMENT: The required parking is located at the rear of the property and is accessed via the same driveway as historically existed on the property as asingle-family residence. Overall, the proposed improvements are in keeping with the character of the historic district and are not contrary to the regulations. Therefore, positive findings can be made. (E){5) Standards and Guidelines A historic site, building, structure, improvement, or appurtenance within a historic district shall only be altered, restored, preserved, repaired, relocated, demolished, or otherwise changed in accordance with the Secretary of the Interior's Standards for Rehabilitation, and the Delray Beach Historic Preservation Design Guidelines, as amended from time to time. A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. STAFF COMMENT: The change of use and its associated improvements require minimal change to the site as the improvements are located towards the rear of the property, maintaining the residential character of the ro ert .Therefore, ositive findin scan be made with the res ect #o the Standard noted above. {8) Visual Compatibility Standards All improvements within a designated historic district shall be visually compatible. In addition to the Zoning District Regulations; the Historic Preservation Board shall apply the visual compatibility standards provided for in this Section with regard to height, width, mass, scale, facade, openings, rhyfhm, material, color, texture, roof shape, direction, and other criteria set forth elsewhere in Section 4.5.1. STAFF COMMENT: A review of the Visual Compatibility Standards was made and the proposed site improvements were found to be in compliance with their intent The change of use is appropriate and provides for the adaptive reuse of the structure as an office, while minimizing the impact of the required im rovements on the ro ert and historic district as a whale. REQUIRED FINDINGS Pursuant to LDR Section 3.9.1, Required Findings, Prior to fhe approval of development applications, certain findings must be made in a form which is a part of the official record. This may be achieved through informafion on the application, written materials submitted by the applicant, the staff report, or minufes. Findings steal! be made by the body which has the authority fo approve or deny the development application. ?:`: ~!~?rtt~ :3~vrntort Av:rtue, Irtfe~letrav2l, ~QOF~-~7=1 (A) FUTURE tw.AND USE MAP: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. STAFF COMMENT The subject property has a FLUM (Future Land Use Map) designation of OMU (Other Mixed Use) and zoning designation of OSSHAD. The zoning district is consistent with the OMU Future Land Use Map designation. The office use is permitted, and therefore, its establishment is appropriate. Thus, positive findings can be made with respect to Future Land Use Map consistency. (B) CONCURRENCY: Concurrency must be met and a determination made that the public facilify needs, including public schools, of the requesfed land use and/or development application will not exceed the ability of the City and The School District of Palm Beach County to fund and provide, or to require the provision of, needed capital improvements in order fo maintain the Levels of Service Standards established in Table C!-GOP-7 of the Comprehensive Plan. STAFF COMMENT The applicable Concurrency items are noted as follows: Streets and Traffic: The property is located within the TCEA, and therefore, a Traffic Study is not required. Whiie there will be a slight increase in daily trips generated by the change of use #o office, the actual increase for the type of office proposed will be minor and will not impact traffic concurrency on the adjacent roadways. Further, the amount of parking provided on site will limit the on-site increase, and any future offices which move onto the site, will have to consider the limited parking area and adhere to the parking requirements by not parking elsewhere on the property. Solid Waste: The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle afi development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. (C) CONSISTENCY: A finding of overall consistency may be made even though the action will be in conflict with some individual performance standards contained within Article 3.2, provided that the approving body specifically finds fhaf the beneficial aspects of the proposed project (hence compliance with some standards) outweighs the negative impacts of identified points of conflict. STAFF COMMENT As described in Appendix A, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions, subject to compliance with the recommended direction. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use 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 ~nrith adjacent land uses; and fulfill remaining land use needs. STAFF COMMENT The change of use to office is appropriate and compatible as it is a permitted use, and will provide for the adaptive reuse of the historic structure. Therefore, the proposal to establish office use on the subject property is consistent with the subject Objective. 2f'~c}~f~,E~:, ~~ ..,... ~ ~~ l~~iel~~i~tvei, 2C}C1°-~17~ 1~~c~e Ei n~' ~€ 1 Future Land Use Objective A-4 The redevelopment of land and buildings shall provide for the preservation of historic resources. The objective shall be met Through continued adherence to The Cify's Historic Preservafion Ordinance and, where applicable, to architectural design guidelines through The following policies: Future Land Use Policy A~4.1 Prior to approval or recommending approval of any land use or developmenf application for property Located within a historic districf or designated as a historic site, the Historic Preservation Board must make a finding that the requested action is consistent wi#h the provisions of Section 4.5.9 of The Land Development Regulations relating fa hisforic sites and disfricfs and the "Delray Beach Design Guidelines". STAFF COMMENT The proposal is consistent with the Objective and Policy noted above as it provides "for the preservation of historic resources", and a positive finding to Section 4.5.1 has been made. (DJ Compliance with, LDRs: Whenever an item is identified elsewhere in these Land Development Regulations (LDRs}, it shah specifically be addressed by the body taking final action on a land development application/request. Such items are found in Section 2.4.5 and in special regulafion portions of individual zoning district regulations. STAFF COMMENT While there are minimal concerns with the proposal, there are a few items which should be addressed prior to making a positive finding of consistency with the LDRs. REVIEW BY OTHERS The Community Redevelopment Agency (CRAY considered the subject request and recommended approval at its June 26, 2008 meeting. ASSESSMENT AND CONCLUSION The development proposal involves the conversion of a historic one-story single family home to office use. The change of use includes minimal site improvements which will not affect the streetscape, as the parking area is set to the rear of the property, and the driveway aisle will not be altered. The waiver requests are appropriate in accommodating the change of use, and are supported. The proposal will be consistent with Section 3.1.1 and Section 2.4.5(F)(5} of the Land Development Regulations and policies of the Comprehensive Plan upon compliance with the recommended conditions of approval. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the request for the Certificate of Appropriateness, Class V site plan, Landscape Plan, and Waiver requests (2008-174} for the property located at 209 North Swinton Avenue, Inteletravel, Old School Square Historic District, 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 the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. ~Or ~ !t, c~,~?inic~r~ ~,>>~;r ~ 6rt,aleinvel, = t~0~.-~ l4 N. 3 _,~ T~E'c4~ ~ ~ ~1 t~ 1'~2gB 'l i;'i 1 l C. Move denial of the request for the Certificate of Appropriateness, Class V site plan, Landscape Plan, and Waiver requests (2008-174) for the property located at 209 North Swinton Avenue, In#eletravel, Old School Square Historic District, 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 the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards for Rehabilitation. (Motion to be phrased in the affirmative. See above.) STAI=F RECOMMENDATION By Separate Motions: Certificate of Appropriateness, Site Plan, Landscape Plan Approve the request for the Certificate of Appropriateness, Class V Site Plan, and Landscape Plan (2008-174) far the property located at 209 North Swinton Avenue, Inteletravel, Old School Square Historic ^istrict, by adapting 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 the Land Development Regulations, the Delray Beach Historic Preservation Design Guidelines, and the Secretary of the Interior's Standards far Rehabilitation, subject to the following conditions: 1. That the provision of recycling containers is noted on the plans; 2. That a bicycle rack is provided, and a specification included in the revised plans; 3. That a revised light pole and wall mounted design is provided; 4. That recycle bins are provided and noted as such on the plans; 5. That any signage is submitted as a separate request; and, 6. That illumination levels for the light fixture at the building entrance be provided. Waiver: 4.fi.9(D}(3)(a-b), Off-Street Parking Regulations: Point of Access to the Street System, Maximum and Minimum Width Approve a waiver to LDR Section 4.fi.9{D)(3)(a-b], to reduce the required driveway. width from 24' to 10' 4" along the north property_ line, based upon positive findings with respect to the LDR Section 2.4.7(6)(5}. Waiver-LDR Section 4.fi.1fi(H)[3}(d & i}, Landscape Buffers Approve a waiver to LDR Section 4.6.16(H){3)(d} to reduce the landsca a stri aloe the north and east property line from 5' to 2' on the north property line, and approximately 2' 11" on the east property line, and to eliminate the terminal_ landscape island _adlacent to the___parkinq area, based upon positive findings with respect to LDR Section 2.4.7(8}{5). Report Prepared By: Amy E. Alvarez, Historic Preservation Planner Attachments: • Appendix A -Standards for Site Plans • SUrvey • Site Plan • Landscape Plan • Floor Plan ~f'1~-1 i\~^I ',: ';'1 .~~'.'.~-. (~~. I '~':Is~fY':it/E~. ~Yl~~-i~r~ }~:ii C1 -~:'~ -- -APPENDIX A STANDARDS pOR 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 -Upon compliance with condition of approval regarding G htin fixture. 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 a licable Meets intent of standard X -Upon compliance with condition of approval regarding rovision of a bic cle rack. Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable ~ X Meets intent of standard Does not meet intent D. The City shaft 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 ~ X Meets intent of standard Does not meet intent E. Development of vacant land which is coned 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 ~'. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not ap licable X Meets intent of standard Does not meet intent 2r~f~! Iyoi~th€ Ss,°dir~toi~ P~,~~Ei€.ie~; Ii~tc:fei:~~i~~.f, 2C#~S-'1~7~ 1-'';'L~ ~L~lee:iir~~ ~~ee:Fi~~br~i 'f 5, 20'[{7 i1 of ['I 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 a licable 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 1. 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 a licable 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 iinfill projects having fewer than 25 units. Not applicable f X Meets intent of standard Does not meet intent May 4, 2009 Amy Alvarez Historic Preservation Planner Planning and Zoning Department City of Delray Beach Delray Beach, Florida Reference: 209 North Swinton Avenue Dear Amy: A pursuant to LDR section 2.~.7(B), we hereby request a waiver to LDR section shall normally have a 5' landscape buffer although a 2'-0" buffer on the north and 2'-11" i/a"on east side have been provided 4.6.16(H)(3}(d). The landscape architect has provided adequate screening between the parking and the neighbors on the north and east side to satisfy Pete Anuar. Therefore, because there will be sufficient screening we believe the granting of the waiver does not create an unsightly situation. Furthermore, the granting of the waiver will not adversely affect the neighboring area, and the granting of the waiver will not result in the grant of a special privilege. Respectfully, B. David Frank May 4, 2009 Amy Alvarez Historic Preservation Planner Planning and Zoning Department City of Delray Beach Delray Beach, Florida Reference: 209 Narkh Swinton Avenue Dear Amy: A pursuant to LDR section 2.4.7(B), we hereby request a waiver to LDR section 6.4.1(C)(1) a two way driveway shall riarmally have a width of 24'. Although 24' is the minimum driveway width is approximately 10'-4" have been provided. The existing residence is approximately 16'-4" away from the property line and a 2"-0" and 2'- 11" ~/a" landscape buffers have been provided between the 10'-1"driveway and the north properky line. T1us leaves 1'-10" between the driveway and the residence.lnteletravEl is an Internet business only and will not have any pedestrian traffic. 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I. m a ~ •Qr = % o ~ _. ~ m Q 0 0 o M ~ w i .. , ~Y - ~~ m L ~ L ' ' t . . ^ N Vl '.. \ \ x. 8 S ~d o ~, ~ ~ 0 $ Hg r$ a~ ~n ~$ ~~ ~ ~~ ~ € b F ~~~ ~6~ ~ O o 4_ N_ z z a A o R ~ _ c P { { % O ~ B g s ~,. 12HBQtl'WY fffiS80t0Uf2/P'~P?'lS3-9EWi\9EOJi\0t02 sl~+[o+d J3,Ctl-~ MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 CONDITIONAL USE REQUEST/FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a conditional use request to allow a residential density of up to 22 dwelling units per acre (22 dwelling units per acre proposed) for a multiple family development known as Franklin at Delray Beach. The property is located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. BACKGROUND The project area includes Lots 1 through 5 and a portion of Lot 6 of Lambert Trailer Court subdivision and all of the Professional Office Plaza for Acquilano subdivision (8.19 acres). At its meeting of July 19, 2010, the Planning and Zoning Board considered a conditional use proposal for the same property, then named New Century Courtyards at Delray. This project consisted of 180 dwelling units in four story buildings on the site of the Floranda Mobile Home Park and included retaining the existing Executive Quarters office building. The City Commission approved the conditional use at its meeting of August 3, 2010. At its meeting of September 2, 2010, the SPRAB (Site Plan Review and Appearance Board) approved on a 6 to 0 vote a Class V site plan, landscape plan, architectural elevations, special action, and waivers associated with the mixed use project known as New Century Courtyards at Delray Beach. At its meeting of September 7, 2010 the City Commission appealed the SPRAB approval of the Class V site plan, landscape plan, and architectural elevations. The applicant withdrew the site plan application prior to consideration of the appeal by City Commission on October 5, 2010. A new conditional use application has been submitted for amulti-family development with a density of 22 dwelling units per acre (180 dwelling units) which includes demolition of the existing office plaza and mobile home park and construction of 180 dwelling units in 7 three story buildings over the entire property. The dwelling units contain a variety of floor plans with 72 one-bedroom units, 92 two- bedroom units, and 16 three-bedroom units. REVIEW BY OTHERS The conditional use request was considered by the Planning and Zoning Board on December 20, 2010 and the board recommended approval on a (4 to 2) vote subject to conditions noted in Exhibit B. If the Conditional Use request is approved by the City Commission, a site plan application will be processed for the development proposal, with final action by SPRAB. RECOMMENDATION Approve the conditional use for Franklin at Delray Beach to allow up to 22 units per acre based on the request being consistent with the Comprehensive Plan and positive findings under Section 2.4.5(E)(5), Section 4.4.60 and Chapter 3 of the LDR's subject to conditions set forth in Exhibit B. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST FOR A MULTIPLE FAMILY DEVELOPMENT KNOWN AS FRANKLIN AT DELRAY BEACH TO ALLOW A RESIDENTIAL DENSITY OF UP TO 22 DWELLING UNITS PER ACRE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on January 4, 2011. The conditional use request is for a multiple family development known as Franklin at Delray Beach to allow a residential density of up to 22 dwelling units per acre 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of Franklin at Delray Beach. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. COMPREHENSIVE PLAN A. Future Land Use Map: The subject property has a Future Land Use Map (PLUM) designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC), which are consistent with one another. Pursuant to LDR Section 4.4.12(G)(5), multiple family residential development with residential densities up to 22 dwelling units per acre is allowed as a conditional use in the PC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Objective B-2 of the Land Use Element of the Comprehensive Plan requires that development not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements. 1 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: A finding of overall consistency must be made with regard to the following: 1. Future Land Use 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. 2. Transportation Element Policy A-1.3. The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. 3. Transportation Element Policy A-2.2. Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of-way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of-Way Identification Map. 4. 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. 5. Open Space and Recreation Element Policy A-3.1. Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. 6. Housing Element Policy A-12.1. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. 7. Housing Element Objective B-2. Redevelopment and the development of new land shall result in the provision of a variety of housing types 2 which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: a. Housing Element Policy B-2.2. The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity area for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. b. 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. c. Housing Policy A-12.3. In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of 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. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 3 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. Pursuant to Section 4.4.12(G)(5), services are allowed as a conditional use in the PC Zoning District subject to the following requirements: 1. Minimum Family/Workforce Housing: Pursuant to LDR [Land Development Regulation] Section 4.4.12(G)(5), a density of 22 units dwelling units per acre is allowed in the PC (Planned Commercial) zoning district provided a minimum of 20% of the 180 dwelling units (36) must be designated for workforce housing. Per LDR Section 4.7.9(a), all workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. Further, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. Has this requirement been met? Yes No 2. Performance Standards: Per LDR Section 4.4.6(1)(1), in order to increase a project density beyond six (6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and external to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: a. The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices; street networks consisting of loops and short segments; multiple 4 entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or below 20 m.p.h. The proposed street network is comprised of surface parking areas that have short segments that are controlled at intersections with stop signs. The meandering of the internal street will calm traffic by lowering vehicle speeds. The development includes two vehicular access points to Federal Highway. These consist of the existing northern driveway to the Professional Office Plaza for Acquilano and the primary middle driveway that includes a deceleration lane. The site plan indicates that there will be crosswalks at strategic points along the interior street system. In order to improve pedestrian safety, it is recommended that these be raised and this is attached as a condition of approval. Has this requirement been met? Yes No b. Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Per LDR Section 4.6.2 [Distance Between Residential Building] a building separation is required. The concept plan does not contain sufficient information to determine compliance with this requirement. Thus, a technical item is attached that the information be provided and graphically noted on the plans. Further, the buildings have been arranged on the property to enhance view corridors, which greatly reduces the sense of massing. Has this requirement been met? Yes No c. Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum; at least one tree per 30 linear 5 feet (or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. The property is bordered on the north by RM (Multiple Family Residential -Medium Density) and R-1-A (Single Family Residential), and on the west by SAD (Special Activities District)[Silver Terrace Subdivision], which all have lower allowed densities than the subject property. The following table identifies the required, increased, and provided setbacks adjacent to these properties: Boundary Yard Required Building Total Increased Setback Setback Setback (25%) Provided Single Family Side 0' 0' 39' Residences Interior Heritage Club Side 0' 0' 65' Interior Park Place Side 0' 0' 67' Interior Silver Terrace Rear 10' 12.5' 47.37' Subdivision The perimeter trees along the north and west sides of the property include 15-foot high Live Oak trees, 15-foot high Mahogany trees, 12-foot high Lavender Crape Myrtle trees, and 12-foot high Glacous Cassia. These trees will be under- planted with Golden Duranta, Green Buttonwood, Green Island Ficus, and Sword Fern. The development proposal also includes a 5-foot high fence along the east and west sides of the single family residences and a 5-foot fence along the western perimeter of the property. Pursuant to LDR Section 4.6.16(E)(5), the Glacous Cassia and the Lavender Crape Myrtle are required to be a minimum height of 15 feet at the time of planting and this is attached as a condition of approval. Has this requirement been met? Yes No d. The development offers a varied streetscape and building design. For example, setbacks are staggered and offset, with varying roof heights (for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building 6 elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window mullions, quoins, decorative tiles, etc. The building style of the apartment complex is an eclectic contemporary interpretation. The elevations contain numerous plane changes, which creates interest and shadowing effects. The project contains 7 different variations of buildings based on the size/number of units for each building. The architectural representation remains constant in each. However, building types #1, #2, #5, and #6 contain a large blank wall on the garage side of the units. The use area behind this wall is bedrooms within the units. These building types should be redesigned to provide windows for these bedrooms or vertical and horizontal elements to provide interest and this is attached as a condition of approval. Has this requirement been met? Yes No e. A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached) will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development proposal includes 72 one-bedroom dwelling units, 92 two-bedroom dwelling units, and 16 three- bedroom dwelling units. These three unit types have a total of 11 different floor plans. Has this requirement been met? Yes No f. The development is designed to preserve and enhance existing natural areas and/or water bodies. Where no such areas exist, new areas which provide open space 7 and native habitat are created and incorporated into the project. The property does not contain an existing natural area or water body that warrants preservation and the proposal does not include the creation of a meaningful native open space habitat. The City Commission approved the project known as Latitude Delray (fka Lindell Square), which did not provide the natural area on-site. It was determined as part of the conditional use approval process for Latitude Delray that the applicant would contribute 1 % of the property assessment toward the improvement of Leon Weekes nature preserve, which is located on the west side of Old Dixie Highway and the FEC Railroad right-of-way. Since the applicant has not provided a meaningful natural area on the subject property, it is recommended that off-site mitigation be implemented. There are several opportunities that may be utilized for mitigation purposes such Atlantic Dunes Park, the municipal beach dunes, or Leon Weekes nature preserve. According to the Palm Beach County Property Appraiser information the assessed value of all the properties involved with the application is $4,887,185. The contribution of 1% would result in the remittance of $48,871, which will be used toward the off-site mitigation of a natural area within the City. A condition of approval is attached that the applicant contributes $48,871 prior to issuance of a building permit. Has this requirement been met? Yes No g. The project provides a convenient and extensive bicycle/pedestrian network, and access to available transit. The project area is a relatively compact urban development that does not have the more pastoral characteristics of a suburban development, which would warrant bicycle lanes. The development proposal has a poor pedestrian system with few or no pedestrian connections, especially to key points such as the tot lot/dog park, dumpster enclosure, and clubhouse and pool. It is recommended that the long stairs on the garage side of the units be converted to two-flight stairs, which should provide an opportunity to have sidewalks. A condition of approval is attached the pedestrian 8 system is redesigned to provide connections for all dwelling units. Has this requirement been met? Yes No 3. Parking Requirements: Per LDR Section 4.6.9(C)(2)(c), parking for multi-family residential structures must be provided pursuant to the following: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.5 spaces/unit • Two or more bedroom dwelling unit 2 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 s aces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Based on the above, the proposed development (72 one bedroom units, 92 two- bedroom units, and 16 three-bedroom dwelling units) is required to provide 369 parking spaces. Has this requirement been met? Yes No 4. Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3)(d), a 5-foot landscape strip is required between off-street parking and vehicular use areas and abutting properties. The required landscape strip does not appear to have been provided along the north and south sides of the property due to the encroachment of the vehicle overhang. A technical item is attached that dimension of the landscape strip be provided on the plans and that they are a minimum of 5 feet. Has this requirement been met? Yes No 5. Special Landscape Setback: Per LDR Section 4.3.4(H)(6)(b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then 9 only when generally perpendicular to the frontage. The proposed decorative fence encroaches into this required special landscape setback. A waiver request will be submitted and considered by the SPRAB during the site plan review process for this fence. Has this requirement been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 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 and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "B" and hereby adopts this Order this 4th day of January 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 10 EXHIBIT "B" Conditions Related to Franklin at Delray Beach Conditional Use 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report. 2. That a workforce housing covenant [LDR Section 4.7.6(a)] be submitted, approved by the City Attorney's Office and recorded. The covenant needs to include a monitoring provision that conveys monitoring authority to the City of Delray Beach. 3. That the required buffer trees along the north and west sides of the property are a minimum height of 15 feet at the time of planting. 4. That the applicant contributes $48,871 prior to issuance of a building permit for the nature area mitigation. 5. That building types #1, #2, #5, and #6 are redesigned to provide windows or vertical and horizontal treatment for the blank wall area on the garage sides of the units, details to be worked out with staff. 6. That the building elevations be revised to include varying architectural treatments and wall sconces for the garages, architectural details to be worked out with staff. 7. That the tot lot be designed in a location that meets staff approval. 8. That the crosswalks be raised or have other traffic calming where raised crosswalks are not possible, with the requirement that a raised crosswalk be across the main drive between building six and the recreation building. 9. That the pedestrian system is redesigned to provide connections for all dwelling units and recreational amenities, where possible. 10. That language is included in the leases that require utilization of the garages for tenant vehicle parking. 11.That the barriers that restrict access to SE 12t" Road be eliminated. 12. That the parking distribution be analyzed and adjustments made to provide adequate parking particularly in the northern portion of the development, to the satisfaction of staff. 13. That all of the recreation facilities currently proposed to be accessible to teenagers. 1 EXHIBIT B 1. Approval of a site plan by SPRAB that is in general conforrr~ance to the submitted sketch plan and addresses the "Exhibit "A" -Technical Items" attached in the staff report. 2. That a warkforce housing covenant [LDR Section 4.7.6(a)] be submitted, approved by the City Attorney`s Office and recorded The covenant needs to include a monitoring provision that conveys monitoring authority to the City of Delray Beach 3. That the required buffer trees along the north and west sides of the properly are a minimum height of 15 feet at the time of planting 4. That the applicant contributes $48,871 prior to issuance of a building permit for the nature area mitigation 5. That building types # 1, # 2, # 5, and # 6 are redesigned to provide windows or vertical and horizontal treatment for the blank wall area on the garage sides of the units, details to be worked out with staff. 6. That the building elevations be revised to include varying architecttinal treatments and wall sconces for the garages, architecttinal details to be worked out with staff. 7. That the tot lot be designed in a location that meets staff approval. 8. That the crosswalks be raised or have other traffic calming wizere raised crosswalks are not possible, with the requirement that a raised crosswalk be across the main drive between building six and the recreation building 9. That the pedestrian system is redesigned to provide connections for all dwelling units and recreational amenities, wizere possible. 10. That language is included in the leases that require utilization of the garages for tenant vehicle parking 11. That the barriers that restrict access to SE 12~ Road be eliminated 12. That the parking distnbution be analyzed and adjustments made to provide adequate parking particularly in the northern portion of the development, to the satisfaction of staff. 13. That all of the recreation facilities currently proposed to be accessible to teenagers. 1®AI~IY ~ AR CITY OF ®ELRAY BEACH ~ ---STAFF REPORT--- MEETING DATE. December 20, 2010 AGENDA ITEM: iv.B. ITEM: Conditional Use Request For Franklin At Delray Beach To Allow A Residential Density Of Up To 22 Dwelling Units Per Acre {22 Dwelling Units Per Acre Proposed) For A Proposed Multiple Family Development Located On .The West Side Of South Federal Highway, Approximately 320 Feet South Of SE 10t"' Street And North Of The Plaza At Delray. GENERAL DATA: Applicant ..................... New Century Companies, LLC Owners ..................... Floranda MHP, LLC , and New Century Executive Quarters, LLC Agent ......................... Weiner&Lynne, P.A. Location .......................... West Side Of South Federal Highway, Approximately 320 Feet South Of SE 10th Street And North Of The Plaza At Delray Property Size .......:.......... 8.19 acres Future Land Use Map.... General Commercial Current Zoning ............... PC (Planned Commercial} Adjacent Zoning....North: RM (Multiple Family Residential -Medium Density), R-1-A {Single Family Residential) and PC East: OS (Open Space) and PC South: PC West: SAD (Special Activities District) and RM Existing Land Use.......... Floranda Mobile Home Park and Professional Office Plaza for Acquilano Proposed Land Use........ Conditional Use Request To Allow A Residential Density Of Up To 22 Dwelling Units Per Acre. Water Service ................. Extension from an 8 inch main along Federal Highway. Sewer Service ................ Extension from an 10 inch gravity main along Federa! Highway. x w Ax ~ ~ - i~ t Fs o ~ r~tmu. ate - n _~ ~~ I ~~ ~~ U~ ~P ~~ 1 L i N T 0 N ri IV,B. ~~ _ ITEM BEFORE THE BOARD _ - __ _ _ The action before the Board is making a recommendation to the City Commission on a conditional use request, pursuant to Land ^evelopment Regulations (LDR} Section 2.4.5(E): ® To allow a residential density of up to 22 dwelling units per acre (22 dwelling units per acre proposed) ~LDR Section 4.4.12(G)(5)]. The request is in conjunction with Franklin at Delray Beach (fka, New Century Courtyards at Delray Beach), a proposed multiple family development, located on the west side of South Federal Highway, approximately 320 feet south of SE 10th Street and north of the Plaza a# Delray. ~~~~ - BAC'KGRQUNDIPROJECT DESCR;IPTIDN - _ - ~-~' The project area consists of Lots 1 through 5 and a portion of Lot 6 of the Lambert Trailer Court subdivision and all of the Professional Office Plaza for Acquilano subdivision (8.19 acres). The Lambert Trailer Court subdivision plat was recorded on September 1, 1948 and the trailer park was established. At its meeting of March 10, 1981, the City Commission approved the annexation, rezoning, conditional uses and a proposed site plan for the existing 21,600 square foot Professional Office Plaza for Acquilano. At its meeting of April 21, 2009, the City Commission approved the Future Land Use Map Amendment for the Floranda Mobile Home Park from TRN (Transitional) to GC (General Commercial). At this meeting, the City Commission also approved the rezoning of the property associated with the current development proposal from R-1-A {Single Family Residential), MH (Mobile Home), and POC (Planned Office Center) to PC (Planned Commercial). At its meeting of August 18, 2009, the City Commission approved Ordinance 38-09, which created the development standards of the Silver Terrace Courtyards Overlay District in the PC zoning district. This change allowed a residential density of up fo 22 units per acre for the subject property subject to the Performance Standard of the RM (Multiple Family -Medium Density) zoning district and that 20% of the units are workforce dwelling units. At its meeting of July 19, 2010, the Planning and Zoning Board considered a conditions! use proposal for the subject property known as New Century Courtyards at Delray. This project consisted of a 180 dwelling unit project on the site of the Floranda Mobile Home Park and included retention of the existing Executive Quarters office building. The City Commission approved the conditional use at its meeting of August 3, 2010. At its meeting of September 2, 2010, the SPRAB (Site Plan Review and Appearance Board) approved on a 6 to 0 vote a Class V site plan, landscape plan, architectural elevations, special action, and waivers associated with a mixed use project known as New Century Courtyards at Delray Beach. The development proposal consisted of the demolition of the existing structures on the existing Floranda Trailer Park and construction of a 180 dwelling unit development within three 4-story buildings together with the retention of existing Professional Office Plaza. At its meeting of September 7, 2010 the City Commission appealed the SPRAB approval of the Class V special action, site plan, landscape plan, and architectural elevations which was to be Planning and Zoning Board Staff Report: 12/20/10 Franklin at Delray Beach -Conditional Use Request Page 2 considered at the City Commission on September 21, 2410. The Ci#y Commission postponed the consideration of the item to the October 5, 2010 City Commission meeting at the request of the applicant. The applicant withdrew the site plan application prior to the October 5, 2010 meeting. A new conditional use application has been submitted for a multiple family development with a residential density of 22 dwelling units per acre (180 dwelling units). This conditional use application is now before the Board for consideration. The development proposal incorporates the following: ^ Construction of a multiple family project that includes the demolition of the existing office plaza and mobile home park and construction of 1 SO dwelling units in 7 buildings. The dwelling units contain a variety of floor plans that consists of 72 one- bedroom units, 92 two-bedroom units, and 16three-bedroom units. © Abandonment of the existing rights-of-way on the property and dedication of a new street right-of-way to provide access throughout the site as well as to the existing single family residences in the central portion of the development. ^ The amenities associated with the residential portion of the development include a swimming pool, dog park, tot lot, kid's zone, cyber cafd, fitness room, and business center. ^ Installation of a gate at the east end of the single family houses along SE 12~h Road and safety barrier at the west end. ^ Installation sidewalks, dumpster enclosures, and associated landscaping. t ~ ~ - - I. ~ CON'DITIONAL 1.51= ANALYSES _- REQUIRED FINDINGS (Chapter 3~; Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applicatiions, certaiin findings must be made in a form which is part of the official record. This may be achieved through informatiion on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approrre or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the LDR's as noted below. FUTURE LAND USE MAR: The use or structures must be allowed in the zone diistrict and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of General Commercial (GC) and a zoning designation of Planned Commercial (PC), which are consistent with one another. Pursuant to LDR Section 4.4.12(G)(5}, multiple family residential development with residential densities up to 22 dwelling units per acre is allowed as a conditional use in the PC zoning district. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Planning and Zoning Board Staff Report: 'E21201~ 0 Franklin at Delray Beach -Conditional Use Request Page 3 . CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided. pursuant to levels of service established within the Comprehensive Plan. Water and Sewer; The development includes the extension of a new 8 inch water main that will be looped from the existing 8 inch water main along Federal Highway to the existing 8 inch water main located in the Heritage Club development along the north side of the project. The development also includes an 8 inch water main connection from the adjacent commercial plaza to the north, which will be looped with the interior water main system. Sewer service is available via extension of an 8 inch to 10 inch sewer main from the existing 10 inch sewer main within Federal Highway at the north east corner of the site. Fire protection is proposed to be provided via the installation of fire hydrants at various points along the proposed loop water main system. It is noted that the buildings will have emergency water sprinklers. 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:. The conceptual engineering plans indicate that stormwater drainage will be accommodated via sheet flow to catch basins and roof ties to an exfiltration trench system. It is noted that the storage capacity of the drainage system will be reviewed as part of the site plan and building permit processes. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic study that indicates that the proposed development will generate a net increase of 412 average daily trips and 1 p.m. peak hour trip. The impacts of this additional traffic are currently under review by the Palm Beach County Traffic Engineering Division with respect to the impact on the surrounding road network and traffic concurrency. Thus, a technical item is attached that the approval from the Palm Beach County Traffic Division be obtained prior to approval (certification) of the related site plan. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts tha# the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $90,000 will be required of this development for parks and recreation purposes. Solid Waste; The proposed 180 dwelling units will generate 93.6 tons of solid waste per year (180 units x 0.52 tans = 93.6 tons). The existing 21,800 square foot office plaza generates 58.32 tons of solid waste per year {21,600 square feet x 5.412,000 = 58.32). The existing 110 dwelling unit mobile home park generates 125.4 tons of solid waste per year (110 units x 1.14 tons = 125.4 tons). Thus, the existing uses generate a total of 183.72 tons of solid waste per year. Therefore, the development proposal would result in a net reduction of 90.12 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient Planning and Zoning Board StafF Report: 121201[0 Franklin at Delray Beach - Conditional Use Request Page 4 capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of cancurrency has been received from the Palm Beach County School District. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR 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 that are relevant to the Conditional Use applications are noted: Future Land Use Element Objective A-1 Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base fior the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Transportation Element Policy__ A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed development will have on the surrounding road network and the location of a Palm Tran bus stop to the north of the subject property along Federal Highway, it is appropriate that the development contribute $11,000 toward the provision of a bus shelter. Thus, a technical item is attached that contribution of $11,OOQ is paid prior to certification of the site plan far this development. Subject to this technical item being addressed during the site plan review process, the development will comply with Transportation Element Policy A-1.3. Transportation Element Palicy A-2,2 Commensurate with approval of development plans, provisions shall be made far dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shalt also include sufficient right-af~way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of- way width of Federa! Highway (southbound lane} is 60 feet and 70 feet exists adjacent to the subject property. The development includes the abandonment of portions of 18~foot wide streets and dedication of a 50-fact wide internal street that will provide access to the single family residences in the middle of the development. Per LDR Section 5.3.1(D)(2} and Table T- 1, the required width of this street is 50 feet. Thus, the development complies with this Planning and caning Board Staff ReporE: '!2120110 Franklin at Delray Beach -Conditional Use Request Page 5 requirement. The existing 18-foot wide street adjacent single fiamily residences will remain in its current configuration. The DSMG considered the gate and emergency barrier that bar access to SE 12th Road adjacent to the single family residences. The DSMG does not support the closure of this street and requires that these devices be eliminated from the development proposal and this is attached as a condition of approval. Transportation Element Policy ©-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The development proposal provides bicycle racks at the leasinglclub room. Based on the above, the policy- has been met within the proposed development. Open Space and Recreation Element Policy A-3.1. Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes a tot lot along the south central part of the site. The recreational facilities include the pool, cyber cafe, tot lot, and fi#ness room. The proposed development does not provide a facility that would be attractive to the physical activities of teenagers such as a sport court or volleyball court. It is also noted that the proposed tot lot is located along the south side of the building #>~2. This area is very small and does not appear to meet the intent of this Policy in terms of providing a meaningful recreational opportunity for tots. Further, the location is not in an optimal location in terms of crime prevention since the view corridors are limited on the side of the building. It is recommended that the tot lot be relocated to a central location and this is attached as a condition of approval. Some of the recreational, cultural and open space opportunities located in proximity to the development include: the Municipal Beach (Atlantic Dunes Park) and 505 Teen Center. Given the provision of the on-site amenities and public facilities that can be utilized by children, the intent of this policy has been substantially met, provided that a recreational facility for teenagers is provided. Based on the above, a positive finding can be made subject to the condition that a recreational facility for teenagers be provided. Hausing E__le_ment Polic~A-12.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. According to the Lambert Trailer Court plat, there is a dedicated right-of-way that provides access to the single fari~ily homes in the central portion of the development. The development proposal includes the abandonment of the majority of this right-of-way and the provision of a replacement right-of-way. In order to maintain safe and uninterrupted access to Federal Highway far these residences, a "timing" plan needs to be submitted and approved by the City Engineer. The timing -plan will need to address the coordination of maintaining access to the single family residences during the abandonment of the current right-of-way and replacement of the new right-of-way. The timing plan will be considered as part of the site plan process and is attached as a technical item. Planning and Zoning Board Staff Report: 12/20/10 Franklin at Qelray Beach -Conditional L1se Request Page 6 Mousing Element Obiective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas far children ranging from toddlers to teens. This requirement may be waived or modified for residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. Since the proposed development only provides a mixture of one, two, and three bedroom units, the proposed development does not fully comply with this policy. However, it is noted that the proposed development has provided several recreational facilities, such as the tot lot, cyber cold, fitness room, and poo! that will be attractive for families seeking to relocate to Delray Beach. As noted previously, the proposed development does not include a physical activity that is designed especially for teenagers. There is a condition of approval attached that a recreational element for teenagers be provided. The proposed development accommodates various sizes of units for households having a range of ages, which partially complies with Housing Element Policy 8-2.2. 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. Housin Polic A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordiingly or denied. The development will have a significant effect on the quality of the neighborhood of the existing single family residences. While the traffic will increase on the access road, the introduction of additional neighbors will improve the safety within the area by providing more "eyes" in the neighborhood to deter criminal behavior. Despite the increase in traffic, the proposed development should improve the habitability and stability of the surrounding neighborhood in terms of replacing a neglected mobile home park with the apartment complex. Further, the year-round residents of this. development will aid in the revitalization and economic stability of the City and particularly commercial businesses along Federal Highway and Linton Boulevard. However, the applicant proposes to buffer the subject development with a 25 gallon Green Buttonwood hedge .along the north side of the property. and 5-foot high fence together with the 25-foot high Green Buttonwood hedge along the east and west sides of the single family residences. Per LDR Section 4.6.4(A}(2}(a}, a buffer is required that consists of either a 6-foot solid masonry wall or a 4.5-foot hedge is required along the northern property line. The conceptual plan does not specify what type of fence will be installed along the north side of the property and east and west sides of the single family residences. Thus, a technical item is Planning and honing Board Staf€ Report: '121201'1D Franklin at Delray E3each -Conditional Ilse Request Page 7 attached that a 5-foot high opaque fence and a 4.5 hedge needs to be provided in these areas. Based on the above, an adequate buffer which exceeds minimum requirements will be provided between the subject development and the adjacent properties. FAMILYIWORKFORCE HOUSING: Minimum FamilylYVorkforce Housing: Pursuant to LDR [Land Development Regulation] Section 4.4.12(G)(5), a density of 22 units dwelling units per acre is allowed in the PC (Planned Commercial) zoning district provided a minimum of 20% of the 180 dwelling units (36) must be designated for workforce housing. Per LDR Section 4.7.9(a), a!I workforce housing units shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as market-rate units. l^urther, per LDR Section 4.7.9(b), the workforce units must be integrated with the rest of the development and shall be compatible in exterior design, appearance, construction, and quality of materials and contain comparable HVAC systems and appliances with market rate units and provide them as standard features. All workforce housing units shall contain comparable square footage to the corresponding market-rate unit. The City typically requires that the site plans identify which units will be workforce housing. However, the applicant has indicated that identifying the specific units is problematic in an apartment complex given the nature of the use. The City approved a similar project known as Historic Depot Square, which included an apartment component located between the CSX railroad and Interstate 95 and south of Lake Ida Road. The City Commission approved this project provided that the workforce housing requirement would be monitored by the City. In order to ensure that this development complies, a condition of approval is attached that the workforce housing. covenant [LDR Section 4.7.6{a)] include a monitoring provision that conveys authority to the City of Delray Beach be provided. Ratio: Per LDR Section 4.7.9(c)(i) through {ii), the proportion of one, two, and three bedroom workforce units to total workforce units cannot exceed the corresponding number of one, two, and three bedroom market rate units to total market rate units. Since the market rate units are not identified on the plans, compliance with this requirement will need to be ensured by the City staff via the covenant. Covenant; Per LDR Section 4.7.6(a), a covenant will need to be recorded that specifies the income level served, rent levels, reporting requirements and all restrictions applicable to the workforce housing units. All leases shall contain language incorporating covenants applicable to the workforce housing unit and reference recorded covenants. A technical item is attached that a covenant be submitted for approval by the City Attorney's Office and recorded. REQUIRED FINDINGS RELATING TO RESIDENTIAL DENSITY INCREASE: Pursuant to LDR Section 4.4.12(G)(5), multi-family residential ar~d mixed-use development with residential densities up to 22 units per acre is allowed as a conditional use within the Silver Terrace Courtyards Overlay District, subject to the provisions of LDR Section 4.4.6(1) (Performance Standards], provided at least 20 % of the units are workforce units which comply Planning and Zoning Board Staff Repar#: 12/201 o Franklin at DElray Beach -Conditional Use Request Page 8 with the provisions of Article 4.7, "FamilylWorkforce Housing". Further, the maximum nonresidential Floor Area Ratio (FAR} within the overlay district is 0.75. Performance Standards:. Per LDR Section 4.4.6{I){1}, in order to increase a project density beyond six {6) units per acre, the approving body must make a finding that the development substantially complies with the performance standards listed in this section. The intent of the standards is to mitigate the impacts of the additional density both internal and externs! to the site. The extent to which a project meets the standards will determine the number of units per acre that will be permitted. For example, if a project meets or exceeds all of the standards, and is otherwise consistent with applicable standards and policies of. the City's Comprehensive Plan and Land Development Regulations, the maximum density is permitted. Projects which only partially achieve these standards will be permitted a correspondingly lower density. The performance standards are as follows: [a) The traffic circulation system is designed to control speed and reduce volumes on the interior and exterior street network. This can be accomplished through the use of traffic calming devices, street networks consisting of loops and short segments; multiple entrances and exits into the development; and similar measures that are intended to minimize through traffic and keep speeds within the development at or ..below 20 m.p.h. The proposed street network is comprised of surface parking areas that have short segments that are controlled at intersections with stop signs. The meandering of the interns! street will calm traffic by lowering vehicle speeds. The development includes two vehicular access points to Federal Highway. These consist of the existing northern driveway to the Professional Office Plaza for Acquilano and the primary middle driveway that includes a deceleration lane. The site plan indicates that there will be crosswalks at strategic points along the interior street system. In order to improve pedestrian safety, it is recommended that these be raised and this is attached as a condition of approval. Based on the above, the development has demonstrated compliance with this performance standard provided the condition pf approval is addressed. {b) Buildings are placed throughout the development in a manner that reduces the overall massing, and provides a feeling of open space. Per LDR Section 4.6.2 [Distance Between Residential Building] a building separation is required. The concept plan does not contain sufficient information to determine compliance with this requirement. Thus, a technical item is attached that the information be provided and graphically noted on the plans. Further, the buildings have been arranged on the property to enhance view corridors, which greatly reduces the sense of massing. Based on the above, the development has demonstrated compliance with this performance standard. [c) Where immediately adjacent to residential zoning districts having a lower density, building setbacks and landscape materials along those adjacent property lines are increased beyond the required minimums in order to provide a meaningful buffer to those lower density areas. Building setbacks are increased by at least 25% of the required minimum, at least one tree per 30 linear feet {or fraction thereof) is provided; trees exceed the required height at time of planting by 25% or more; and a hedge, wall or fence is provided as a visual buffer between the properties. Planning and Zoning Board Sta#f Report: 12/20/90 Franklin at E~elray Beach -Conditional Use Request Page 9 The property is bordered on the north by RM (Multiple Family Residential -Medium Density) and R-1-A (Single Family Residential), and on the west by SAD (Special Activities District)[Silver Terrace Subdivision], which ail have Power allowed densities than the subject property. The following table identifies the required, increased, and provided setbacks adjacent to these properties: Boundary Yard Required Building Total Increased Setback Setback Setback (25%) Provided Single Family Side 0' 0' 39' Residences Interior Heritage Club Side 0' 0' 65' Interior Park Place Side 0' 0' 67' I nteriar Silver Terrace Rear 10' 12.5' 47.37' Subdivision The perimeter trees along the north and west sides of the property include 15-foot high Live Oak #rees, 15-foot high Mahogany trees, 12-foot high Lavender Crape Myrtle trees, and 12-foot high Glacous Cassia. These trees will be under-planted with Golden Duranta, Green Buttonwood, Green Island Ficus, and Sword Fern. The development proposal also includes a 5-foot high fence along the east and west sides of the single family residences and a 5-foot fence along the western perimeter of the property. Pursuant to LDR Section 4.6.16(E)(5), the Glacous Cassia and the Lavender Crape Myrtle are required to be a minimum height of 15 feet at the time of planting and this is attached as a condition of approval. Based on the above, the development has demonstrated compliance with this performance standard, subject to the condition of approval. (d) The development offers a varied streetscape and building design. 1=or example, setbacks are staggered and .offset, with varying roof heights {for multi-family buildings, the planes of the facades are offset to add interest and distinguish individual units). Building elevations incorporate diversity in window and door shapes and locations; features such as balconies, arches, porches, courtyards; and design elements such as shutters, window rrfullions, quoins, decorative fifes, etc, The building style of the apartment complex is an eclectic contemporary interpretation. The elevations contain numerous plane changes, which creates interest and shadowing effects. The project contains 7 different variations of buildings based on the sizelnumber of units for each building. The architecture! representation remains constant in each. However, building types #1, #2, #5, and #6 contain a large blank wall on the garage side of the units. The use area behind this wall is bedrooms within the units. These building types should be redesigned to provide windows for these bedrooms or vertical and horizontal elements to provide interest and this is attached as a condition of approval. Based on the above, the development has demonstrated compliance with this performance standard provided the condition of approval is addressed. Further, the garages are all architecturally the same which results in monotony and lack of definition between one unit and the next. Thus, a condition of approval is attached that the building elevations be revised to include varying architectural treatments and wall sconces for the garages. Planning and Zoning 13aard Staff Peport: 12/20/90 Franklin at Delray Beach -Conditional Use FZequest Page 10 (e} A number of different unit types, sizes and floor plans are available within the development in order to accommodate households of various ages and sizes. Multi-family housing will at a minimum have a mix of one, two and three bedroom units with varying floor plans. Single family housing (attached and detached} will at a minimum offer a mix of three and four bedroom units with varying floor plans. The development proposa! includes 72 one-bedroom dwelling units, 92 two-bedroom dwelling units, and 16three-bedroom dwelling units. These three unit types have a total of 11 different floor plans. Based on the above, the development has demonstrated compliance with this performance standard. (f} The development is designed to preserve and enhance existing natural areas andlor water bodies. Where no such areas exist, new areas which provide open space and native habitat are created and incorporated into the project. The property does not contain an existing natural area ar water body that warrants preservation and the proposal does not include the creation of a meaningful native open space habitat. The City Commission approved the project known as Latitude Delray (fka Lindell Square), which did not provide the natural area on-site. It was determined as part of the conditional use approval process for Latitude Delray that the applicant would contribute 1% of the property assessment toward the improvement of Leon Weekes nature preserve, which is located an the west side of Old Dixie Highway and the FBC Railroad right-af way. Since the applicant has not provided a meaningful natural area on the subject property, it is recommended that off-site mitigation be implemented. There are several opportunities that may be utilized for mitigation purposes such Atlantic Dunes Park, the municipal beach dunes, or Leon Weekes nature preserve. According to the Palm Beach County Property Appraiser information the assessed value of all the properties involved with the application is $4,887,185. The contribution of 1 % would result in the remittance of $48,871, which will be used toward the off-site mitigation of a natural area within the City. A condition of approval is attached that the applicant contributes $48,871 prior to issuance of a building permit. Based on the above, the development has demonstrated compliance with this performance standard. (g} The project provides a convenient and extensive bicyclelpedestrian network, and access to available transit. The project area is a relatively compact urban development that does not have the more pastoral characteristics of a suburban development, which would warrant bicycle lanes. The development proposal has a poor pedestrian system with few or no pedestrian connections, especially to key points such as the tot lotldog park, dumpster enclosure, and clubhouse and pool. I# is recommended that the long stairs on the garage side of the units be converted to two-flight stairs, which should provide an opportunity to have sidewalks. A condition of approval is attached the pedestrian system is redesigned to provide connections far all dwelling units. Based on the above, the development has demonstrated compliance with this performance standard provided the condition of approval is addressed. Summary:. Based on the above analysis, the project complies with all seven of the performance standards to be eligible for an increase in density provided the conditions of approval related to the buffering of the property, natural mitigation, building elevations, and pedestrian access are Planning and Zoning Board Staff Report: 12/20/10 Franklin at Delray Beach -Conditional Llse Request Page 11 addressed. Given the level of achievement with the performance standards, the density increase can be supported provided the conditions of approval are addressed. LDR SECTION 2.4.5{E) -REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5[E) [5), 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 will hinder development or redevelopment of nearby properties, COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS; In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. Based upon staff's review of the sketch plan and si#e inspections, the following analysis is provided. Parking Requirements; Per LDR Section 4.6.9(C)(2)(c), parking for multi-family residential structures must be provided pursuant to the following: • Efficiency dwelling unit 1.0 spacelunit • One bedroom dwellin unit 1.5 spaceslunit • Two or more bedroom dwelling unit 2 spaceslunit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaceslunit - for units 21-50 0.30 spaceslunit - for units 51 and above 0.20 s aceslunit Based on the above, the proposed development (72 one bedroom units, 92 two-bedroom units, and 16 three-bedroom dwelling units} is required to provide 369 parking spaces. The development proposal complies with this requirement since a total of 375 parking spaces are provided (263 surface spaces and 112 garageldriveway}. Since the garages are being counted towards the required parking, a condition of approval is attached that language is included in the leases that requires utilization of the garages for tenant vehicle parking. Further, with the processing of the site plan parking space distribution needs to be analyzed. It would appear that additional parking spaces may be warranted in the northeast corner of the site. Modification to building type and number of bedrooms may be necessary. Perimeter Landscape Strip: Per LDR Section 4.6.16(H)(3}(d), a 5-foot landscape strip is required between off-street parking and vehicular use areas and abutting properties. The required landscape strip does not appear #o have been provided along the north and south sides of the property due to the encroachment Planning and Zoning Board Staff Report: 1212o11D Franklin at Delray Beach -Conditional Use Request Page 12 of the vehicle overhang. A technical item is attached that dimension of the landscape strip be provided on the plans and that they are a minimum of 5 feet. S ecial Landsca a Setback: Per LDR Section 4.3.4(H)(6}(b), a 25-foot special landscape setback is required along Federal Highway. Within this special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. The proposed decorative fience encroaches into this required special landscape setback. A waiver request will be submitted and considered by the SPRAB during the site plan review process for this fence. REVIEW BY'DTHERS _~ J The property is located in an area that does not require review by the Community Redevelopmen# Agency (CRA} or the Downtown Development Authority {DDA). Site Plan Review and Appearance_B_ oard: If the Conditional Use request is approved by the City Commission, a site plan application will be processed for the development proposal, with final action by SPRAB. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations and interested parties, which have requested notice of developments in their areas: - Neighborhood Advisory Council - Progressive Residents of Delray - Chamber of Commerce - Delray Beach Harbor Club E View HOA - Delray Place - Domain Delray - Linton Woods - Banyan Tree Village - Harbourside - Heritage Club Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Any letters of objection or support to the development will be presented at the Planning and Zoning Board (P&Z) meeting. - ASSESSMENT ANID CO_NGLUStQN The conditional use request is to allow fior a multiple family development with a residential density of up to 22 dwelling units per acre in the PC zoning district. As such, the development proposal is subject #o the Performance Standard of RM zoning district. As described in this staff report, a finding can be made that the development proposal substantially complies with these P{anning and Zoning Board Staff Report: 1212011a Franklin at Delray Beach -.Conditional Use Request Page 13 Performance Standards provided the conditions of approval are addressed. The proposed development will replace the underutilized mobile home park and the office building with the multiple family project, which will help to provide ayear-round customer base for businesses along Federal Highway and Linton Boulevard. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5{E}{5), regarding compatibility of the proposed development with the surrounding properties. ~~ _ _ ALTERNATl11E ACTIONS = _ A. Continue with direction. B. Move a recommendation of approval of the conditional use request to allow for a density increase up to 22 dwelling units per acre for Frankliin at Delray Beach, 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), 4.4.6(1), and Chapter 3 of the Land Development Regulations, subject t0 CondltlOnS. C. Move a recommendation of denial of the conditional use request to allow for a density increase up to 22 dwelling units per acre for Franklin at Delray Beach, 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), 4.4.6(1), and Chapter 3 of the Land Development Regulations. ~' - RECOIVIMENI:}E©ACTlON` Move a recommendation of approval of the conditional use request to allow for a density increase up to 22 dwelling units per acre far Franklin at Delray Beach, 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), 4.4.6{I), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. Approval of a site plan by SPRAB that is in general conformance to the submitted sketch plan and addresses the "Exhibit "A" ~ Technical Items" attached in the staff repork; 2. That a workforce housing covenant [LDR Section 4.7.6(a)] be submitted, approved by the City Attorney's Office and recorded. The covenant needs to include a monitoring provision that conveys monitoring authority to the City of Delray Beach. 3. That the required buffer trees along the north and west sides of the property are a minimum height of 15 feet at the time of planting. 4. That the applicant contributes $48,871 prior to issuance of a building permit for the nature area mitigation. 5. That building types #1, #2, #5, and #6 are redesigned to provide windows or vertical and horizontal treatment for the blank wall area on the garage sides of the units. Planning and Zoning Board Staff Report: 12/20/10 Franklin at Delray Beach -Conditional Use Request Page 14 6. That the building elevations be revised to include varying architectural treatments and wail sconces for the garages. 7. That the tot lot be relocated to a central location. 8. That a recreational facility for teenagers be provided. 9. That the crosswalks be raised. 10.That the pedestrian system is redesigned to provide connections for all dwelling units and recreational amenities. 11.That language is included in the leases that require utilization of the garages for tenant vehicle parking. 12.That the barriers that restrict access to SE 12kh Road be eliminated. 13.That the parking distribution be analyzed and adjustments made to provide adequate parking particularly in the northern portion of the development. Attachments: • Conceptual Plans & Location Map Report prepared by: Scott Pape, AlCP, FCP, Senior Planner Planning and Zoning Board BtafF Report: 921201'10 Franklin at Delray Beach -Conditional Use Request Page 95 - - = EXHIBIT ~EA~~ _- -' ,-_ _ TECHNICAL ITEMS - 1. Pursuant to LDR (Land Development Regulation) Section 4.6.9{D)(3)(c}(1), a 50-foot stacking distance is required for a!I driveway Connections including SE 12th Road and Federal Highway. The required stacking distance has not been provided for SE 12t~' Road or the northern driveway along Federal Highway. 2. That the cross access (cut-through) from the property to the east (between the Federal Highway pairs} is monitored and that restrictive barriers are installed at the entrance to the residential development to prevent cut-through traffic from SE 6th Avenue per the approval of the Florida Department of Transportation. 3. Per LDR Section 4.3.3{000)(1), a generator is required for the clubhouse. The location, screening and fuel source needs to be graphically depicted on the plans. 4. Per LDR Section 4.3.4(H)(6)(b}, the fence encroaches into the required 25-foot special landscape setback along Federal Highway. 5. An elevation detail of all fences needs to be included on the plans. Further, the plans need to identify where each of the fence types will be installed rather than the generalized statement noted on the plans. It does not appear that a graphic representation of the decorative fence along Federal Highway has been provided on the plans. 6. The two-space parking tier on the north side of the interior road does not comply with the dimensional requirements of LDR Section 4.6.9{D}. This tier needs to be redesigned to comply with these requirements or converted to parallel spaces. 7. Per LDR Section 4.3.4(x), the correct height of the buildings needs to be based on LDR Section 4.3.4(J} [including Federal Highway and SE 12th Road. Further, this height needs to be graphically depicted on the plans. 8. Per LDR Section 4.6.2, a prescribed distance is required between residential buildings. In order to determine compliance with this requirement, the height information noted above is necessary. The separation calculations need to be graphically depicted on the site plan. 9. A title search must be submitted that ownership of the existing rights-of-ways within the property. 10. Per LDR Section 4.4.6{l)(a), the crosswalks need to be raised. 11. A plat application will need to be submitted. 12. Per LDR Section 4.6.4, the landscape plan legend needs to indicate that the required buffer hedge will be 4.5 feet high at the time of planting. 13. That a 5-foot high opaque fence and a 4.5 hedge are provided in the required buffer areas. 14. A detail of the dog park and tot lot (including equipment) needs to be submitted. 15. Per LDR Section 4.6.6(C}(1}, the dumpster detail needs to include an elevation of the doors. Planning and Zoning Board Staff Report: 12/20/10 Franklin at Delray Beach -Conditional Use Request Page 1f 16. Per l-DR Section 4.6.8, the photometric plan needs to include the accent pathways. 17. The conflict between the fight pole and the water main along the north side of the property needs to be resolved. 18. Per LDR Section 4.8.9(D)(4){c), a 6~foot by 24-foot maneuvering area is required for dead end parking tiers. It does not appear that the required maneuvering area has been provided on the north side of the interior road. Further, the City typically seeks to have one of the last parking spaces striped out for maneuvering purposes. It is noted that this would reduce the surplus of parking. 19. Per LDR Section 4.8.14(6)(6), the 40-foot visibility triangles need to be noted on the plans. A waiver will be required for any landscaping that encroaches into the required visibility triangle. 20. Per LDR Section 4.8.18(H)(3){a), the required 5-foot landscape strip is not provided adjacent to the interior road. 21. Per LDR Section 4.8.16(H)(3)(k}, all of the transformers need to be screened. 22. All wall mounted light fixtures need to be graphically depicted on the plans and cut sheet details provided. 23. A public access easement will be needed for that portion of the Federal Highway sidewalk that encroaches into the property. 24. There appear to be a conflict between the light polelfixture and dumpster enclosure along the north side of the property. 25. Per LDR Section 6.1.2(3), local streets are required to a width of 22 feet. The dimension of the interior street needs to be noted on the plans. 26. The bus shelter will need to be provided. 27. All of the air conditioning units and screening method needs to be noted on the plans. 28. A narrative needs to be provided that describes the difference between gross alc area and "paint to paint." 29. That the lateral connection to the natural gas line connection to the generators be graphically depicted on the plans. 30. That a total park impact fee of $90,000 will be required for this development. 31. That the applicant contact the Palm Beach School District regarding the passibility of providing a student bus stop. 32. That the conflicts between the tree canopies and ligh# fixtures-be resolved per the direction of the Senior Landscape Planner. Planning and Zoning board Staff Report: 12/20/10 Franklin at [~elray Beach -Conditional Use Request Page 17 33. That the conflicts between all utilities and landscaping be resolved in accordance with direction of the Senior Landscape Planner and City Engineer. 34. That a finding of concurrency be submitted from the Palm Beach County Traffic Division prior to approval (certification) of the related site plan. 35. That the timing of the vehicular access to the single family residences by addressed as part of the site plan process. 36. The Survey, Plat, Site Plan, Landscaping Plan and Preliminary Engineering Plan shall be at the same scale. All plans shall be drawn nn 24" x 3B" sheets and at a scale of 1" = 10', 1" 20' or 1" = 30' per LDR Section 2.4.3 {B) {1) and {D) (1). 37. If projec# phasing is proposed, such phases shall be clearly shown on the plans and a narrative describing the phasing program shall be provided per LDR Section 2.4.3 (B) (22). Please indicate phasing plan on Engineering Plans and clearly indicate how this would affect proposed improvements and specifically water and sewer improvements. 38. Provide signed and sealed drainage calculations indicating the proposed system's ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 {D) (7) and indicate how storm water wit[ be retained on site. Sites with parking lots are required to retain a 5 year 1 hour storm (3.2") in addition to meeting the water quality criteria {1" or 2.5 x % impervious). 39. Indicate name of proposed public road, if S.E. 12t'' Street, confirm with Planning and Zoning and label accordingly. 40. A minimum 10-foot General Utility Easement {GUE} is to be provided through the property for all other utilities. This GUE is not allowed in public right-of-way. Water, sewer or drainage system(s) cannot occupy or share this GUE. 41. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Written approval from the Deputy Director of Public Utilities stating that the City's system has sufficient capacity to treat proposed flows is required. 42. All landscape islands are required to contain a minimum of ane shade tree. LDR 4.6.16{E)(5) describes a tree as having a mature canopy greater than twenty {20) feet. Quite a few of the landscape islands contain species that will not reach this mature spread. This includes the Crape Myrtles and Ligustrum. Change out species to a larger growing variety. 43. Sheet LP-3 has a proposed Phoenix Sylvesfris located underneath an overhead utility line. This tree does not meet FPL's Right Tree, Right Place standard. Switch to an approved species. 44. There is a landscape island located next to the NW corner of Building 6 that does not contain a tree. Shaw a tree in this location. 45. There are a few conflicts between proposed tree canopies and light poles. This is especially true within the northern perimeter buffer adjacent to Building 3. The specifications far the proposed Royals are such that #heir canopies will be conflicting with the light posts. Specify Planning and Zoning Board Staff Report: 72/20/10 Franklin at Delray Beach -Conditional ltse Request Page 18 these Royals so that the entire canopy is above the lamps. These trees will probably need to have 20-25' of Grey Wood. 46. The use of Calophyllums {Brazilian Beautyleaf) is strongly discouraged. 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Q N H ST. TTH 3 Vi a a x N M S.E. 8TH ST. ST. ~ O S.E. 8TH ST. z ~ w N ~ ~ TH CDE3R T uj $.E.BSH ~ a C. ~ r a } N Vl lJ W 41 ~y ~/j Q V1 V] f/1 41 V) 5. 87H ST. ~ [~ S.E. 9 57, ~ J J ~. . Q Q ~ ~ w Q 54NNTGN GARDENS DR. ~ LJ ~ O O ~ ~ V_ S.E. 1QTH ST. N. LONGPORT CIR. ~ G ~ a ~-- ~ _ V ~ 4 U ~ ~ ~ } ,w war ~ c o ~i z ~ x x PUI ~ ~ a m 5. LONGPDRT CIR. wILSGN AVE. REIGLE AVENUE ~ ~ ~ ~ _~_,_. J______... _. _.. Q °>_E'. i~rrt ~~, -1 ~ CENTRAL AVE. '~ ZO Q r ~~ O o ,Z. B ~ COLLENS AVENUE U `~ a J' L ~ w ~ ~ z a Q ~~P J 4 \~ 4i ,~ Pv Cv~ RHODES ~O BANYAN TREE LANE DEL-HAVE ~ , O L i N TON B d U L E VAR /~ ~ N SUBJECT PROPERTY FRANKLIN AT DELRAY BEACH ,s~ i - ~ PLANNiNC ANO zaNiivc ~ LOCATION MAf' DEPARTMENT ', -- DlG17AL BASE MAP SYSTEM -- MAP REF: S:\PEanning & Zoning\DBMS\File-Cab\Z~-LM 1001-1504\LM122A_Frvakfin at Delrvy HCOCh MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: December 29, 2010 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR THE MLK HOLIDAY CELEBRATION ITEM BEFORE COMMISSION Request City Commission approval to waive field permit and facility rental fees at Pompey Park for the Dr. Martin Luther King, Jr. Holiday Celebration. BACKGROUND The Dr. Martin Luther King, Jr. Holiday Celebration is an annual event honoring Dr. King for his dedication to the advancement of equality for all Americans. Ms. Lillie Strainge, Chairperson for the MLK Holiday Celebration, is requesting that the fees for use of Pompey Park's facilities and staff support be waived. Ms. Strainge is requesting use of "Teddy's Field", field #1, on Saturday, January 15, 2011, from 8:00 a.m. to 12:00 p.m. for their Track & Field Event. The field permit fee is $206.00 including 6% tax. On Monday, January 17, 2011, Ms. Strainge has requested use of the gym, kitchen and one(1) room for activities at the end of the Memorial Walk. There will be a guest speaker and light refreshments. The total fee for this rental is $1,343.20 including 6% tax. RECOMMENDATION We recommend that the Dr. Martin Luther King, Jr. Day celebration be viewed as a City event and that the fees be waived. ~tECElVl~ . CSC 2 ~ 2010 Per ..a.......®~ .e.,...........,~ December 28, 2014 Ta: Ms Abby Murrell, GPRI' ltec~-eatiax~ Supervisor Pvnapey Park 1101 N W 2n~ Stxeet Delray Beach, FL 33444 1~rarn: Lillie St~rain~e, Ghairpersvn 312 NW 10~ `Avenue Delray Beach, l~L 33.444 Re: Waiver of Fee For Use oft Pompey Park's Facilities and Staff Dr. M, L. Ding's Holiday Celebration We are requesting that the fees for the use of Pvznpey Park's facilities and staff be waived. We are requesting the use on Saturday, .~anuary 15, 2011 frazi~ 8.:00 a~n tv 12 pna for Track and Field Activities. We are alsa requesting Monday, January 17, 2011 franc 11:00 am tv 5:00 p~x~. Set up will begin at 11:00 azx~, The walk will begin. at 2:00 pxn froze the Community Center, the line up is at 1:30 pzrr. The prograrrt will begin at 2:45 pm. Please grant us pcimission for use an this occasion. Thanks fox youz~ support. Sincerely, ~r] r Li lie M. Strainge, Chairpersa~z 211 Sa~~xrday, ~"a.nuary ~.5 ~:3D AM ~- l:~.egis~rati4~-'~.'racl~ ~ ~ielcl Eae~t ages G -13 Pompey Park, l l Q l Martin Luther King, ~~. Dr. (NW 2~`~ St.} Coordinated by Omega Psi Phi Fraternity, Iaa.c. Su~~eday, ~an~a~ 16 Wc~rslaip Service - 3:30 PM Christ Missionary Baptist Church 1.25 SW 8~~' Street Delray Beach, FL 16'~or~day, Jaa~ary ~.7 e~nrial Wall.- x:34 ~M Line~als Community Civic Center i 04 NW l~ Avenue, Delray Beach Memorial Wally -- 2.04 P~ Community Civic Center along West Atlantic Avenue `To N~ 5t~` Avenue, to Martin Luther King, fir. Drive (NW 2~'~ Avenue), then to Pompey Park Special Program - 2:45 - 3:4~ Pl'~ Guest Speaker: TBA Pompey Park Gyrnnasxuzn I IO I .Martin Luther King, .fir. Drive, West ~i~~kl~day ~elebra~i©n -~ 3045 -~ 5a40 Plied Cake, cookies, and punch Poanpey Park Auditorium ~~~ Sri ~~.~~~°~.~~! A.~i . ~~, ~,e ~~ ;~ ' ~.,... Applicant Nazmte: Adt'l~ress: ~ ~ Parr al~d Recreati©n Depar~men~ ]}arks ~ lecrcat~°" ~/ ~tStarts Cxt~ .nf Delray Beach p ~ ~ R.%"G A ~ k ~~-~~r6cs ~F`iel~ p'er~nit ....,..:...:.~,: ~...:.v ..,.... ~.., .,.., ..,_.a:_ r. <.),. ~, ~-~vr.r~. vie: n: ~.i% ~ ''.%~~d; ;ax,: ~~ry~;;,,:~y'~,5 . .. , . ... ~~~;`. .phone: (borne . `~;'~` ~~ (celt} ...... _ .Stmt.. ............... .. . . _ . - ;,~.., .:, ~. F.~ELU ItEQ~E,ST.E.I),~ _ FieldJPark Requested: ...~ Date Requested.: Type of Activity: T~ ~ ~~ Estimated Attendance: Facilities Needed: (additian~ rstrooms ~""~ Lights Tune: From ~ ~' fees apply) r tress Box Age Csroup: --- l r'"` Concession Stand ~" Luaes an field ]s ©rganizatian non-profit? Qf yes, please attach copy of [RS tsx exempt certificate) Yes pf No Is this a'I'otrrnarnent? / Yes ~ ~ t-.'' Do you base registration fees? Yes No !~ If yes, what are they`? Cametrts: ,. ,.. ,.: ~,. ~~ k<S .. .. ... ~ .., s ~~iLl~ lRIJ~~FJ L`~.f r1J ILL'ITU~.I.[l~.l ~+7 1.) Alcoholic beverages are prohibited at all City parks and facilities_ Z.) No dogs, pony rides, bounce ]rouses, golfing, etc. allowed in park.. 3.) No motorized vehicles in park beyond parking area_ 4.) Area must be left in the setae pandition as wizen you arrived. 5.) In order to receive a refund, a 48 lzaux tr€rtice is requixed_ You need to put your cancellation and refund request izt writitrg. b.) Tournament requests must be in writttrg to Director of Parks and Recreation. AI! ~ieids require $10, U~~a.da~~e-seeur~ty deposit, la ie -~~1~D12,hrs Lines - Saacer $35lfield Tournament - 25% of registration fees Supervisor Fee - $25.40/lrr Lines -Baseball $25/field Sales tax &. Lights - $30.4©/hr Concession - 25% of grass , Your Rental Fee:is: '~ + ~~ ... . -~LiL' ~.L'.tL,7~ Y117..~ 1' r .[l do ereb for nr sel fatni] uardians chartrelclrar es heirs executors and . le alI ]aoun h 5 > to din to be ~ g I, the unders~grred, ton g g y d, y y~ y> g adtnizristratnrs, waive and release any and all rights and claims for damages, which Uwe may have against the City of Delray Beach, their representatives, successors and employees far awry injuries which llwe may suffer in connection with mylour use of this faoility_ At various times the City of Delray Beach videotapes and photographs events to be submitted to the local tnedia_ By using this facility, l/we hereby authorize the City of Delray Beach to reproduce, copy, exhibit, publish, broadcast, nr distribute any and alI such tapes nr photographs. I have read the above and understand. the rE.iles and regulations of the City of Delray Beach that have been made available to rue. li Applicant Signature Rate Facility Supervisor Approval Date O)~`F]<CE USE ONLY: F'ee Paid: Rec Trac #: Dale: DIS'FRIBUTIC3N: Customer ( ), Park Ra~zgers ( ); Field. Supervisor ( ); File ( ) Ta ,~ *' an~ updated snz~o9 ceaR + =%hcn Per~RccarsLon ,~ ~i~ E7~~e~Y"~~ ~CdC~1 A,pprr-val Date P~lrks and R~cl"eation Department .. acality Rental.~9pplication ` ' PP ~~- ~-! ~ fc~ Sfafftalcin~ applica~czn~~ ~ A. Xicaf~eznlDate~ . .. ... .,_ ='h`actlxiy In#ormation....: " ~ ~ ...: . . Facility Requested: Comu~unily Canter Pompey Park ~ Pompey Pool Teen Center `veterans Park __-----Catherine Strang Park Delray Swim Club Nau-e of Event. t2= ~, ~ ~ /~f; ~~~~~~ ooze Requested ~~,~t ~ ,~,- Event Z}atesr ~ ~-~td"Lt r/~-i¢..ra ~`?, ~-a ~~ .~ Tune: From: ~pm To: ~,~~a pm Includes set up and clean up .. Contact Inforirtiitann - ~ - r;` . Naane~~ s -' arganizatia~nlProgram Dame ~ .Address "°~ r , ~ e d~~:il ~ u Street Address ~ Ch3',. dip, State ~ .~.. Phone (Ranee}.~'f,~C-~~'~~--'~~~.~~o tCe~~)~vi_ ~a~-'-_~~ ~ Mail Will you be attending? Yes ~ ~ No if no, name and contact uzfo of~ersoxz irz charge: EVEJ[~t'~IifOrnl~tlOn: t Please cheCh which best describes tl~e prtrpase of your event: .. Meeting Church. Banquet Wedding Concert Baby Shower Estiutated Attendance ~ ~~ # ot` Youth -I8 and Underr {Se:curity ix~ay be required) ~ I chaperone {21 years or older} required per l U yout3l. Must provide names a£ chaperones ;: ,. ,, `'Add~tio~all~ifo. ~..' /` g: - ~ errzpt7 ~ ,.- Yes Na .._...~ , . is ox anzzatznn naz~z- root/ tax. ex / Ii yes, must at#a~lx copy of 50I(c) (3) status/tax exempt' certificate Wiil you need the Idtchen for prep anal warz~~.u~g food? Yes ti% ~ No Nn caak~ig is permitted in the ititchen WiII your event have decorations? ~ Yes t~ No rf yes, please describe: Will aclmi.ssiari be charged? 'yes, how much? Yes No / Must leave prior a~prova! frorzi Uirentpr .. :, ~ ,. -' ° Riie~ Set ~TQ ~.. Long Tables ~ Cltair~ Raaxtd Tables (Pa~npey Park only) ° ~ Qther . t~u~itiCY Quan~iiy QktiY c ' Additional Ifeuxs: Maq be available on r~uest< Additional $1 a0 deposit, ~.pplzes. Not all items at aJi facili~es PA System !.'" Microph©zze ~P©ol Table Podfum t/~TY/VCIZIDVD Screen Revised illkltU Scheduxe of Tees end Charges DATE PAID ROOM RENTAI.IS Si~lgle Room Z -- Way Rocsm $30.44 (3 hour minilzlxz) $50.44 (3 hour zninimuln) $94.44 {3hour z~~;~) $34.40 ~~ hour ~~~~ $x.4.44 (per hour} 54°fo ncrn-profit 50% non-profit 50% non-pra~xt 5Q% non profit $24 x •~ hours ~t~, ~ 3 -Way Room Kitchen (t'~P & Warmiaag [3z4y) Additional Hours Ho7:r7e Ovvnersf Civic/Clubs! Corlurdty CrroupslOrgs G~ASIUM -~o adx~.issiora fee Gym -With adrrstssion f~ SKATE PARK Skate Park.- No admission free Skate Park -- WitEi ach~azssian t'ee ~Q{.~~ r ~~~~ Fool - it~lclud~s 2 g~,7ards Up to S 0 guests Additxarlal Hours Additional Lifeguard ~>~. ~~ ~~~ $14.04 (por xneetixtg) per room (2 hour nntx} $144.041 hOtlr $1,000 flat rate $144 ~ ~ hours SO% non-profit ~~ r~~ $~S.OOlhour $344.44 flat rate $45 x hours ~~°/a nark-pra~xt $104.04 (2 hour zraizairnu) S(1%non-profit $35.OOIllour $35 x hours $25.44/haur $2S x hours ~XM1~A.SIUMIM~TL~ DA.Y EVENT Half Day Event {~ or less houzs) $504f day ~ days 54% nor-profit Full Day Event (over 6 hours) $1,4041 day x clays 5U% ncsn-profit ~5~~^ ~~~~ ~~ ~-~~ ATTER HOURS SITPERVISOR + + E $3_4.441 hour $30 x ~ hour ('When t`aciii'ty would nor~aiiy be ciosed} i"~.~t~~~ J~ i`~~ C.:t.~a~t'~a ~-~- -~~1'^.~a ~~~~~,~i,r~ ~ ^^ Sub-~`atal ~ Q s 1?~ 6 ' •°!o Tam ~~ Secu>ri D_e aszt ~Zaarnx • Paat • E ui ~ ~~O(1 • fryl~tx • Skate Park - ~2b0 Deposit _ _ ~~° . (?~ ~ - ~-- 4 F - TaTA.~ [ ,~ ~ Nan-.~'rofits/Tax Exempt must provide 501 (c) (3) form & tc~ exempt csrti~cate BE,~'4.k.E reaeivzng discou~zt Revised 1X17,110 Cz of Delra Bead. Parks and Recreatla~. Facili Rental Rules and Re~latiorzs 1. All rental fees and security deposit rrlust be paid in Full within 5 business days of receipt of application approval. Reservation is not confirzxted until paymelat is received. 2. In order to receive security deposit bank, applicant is respoible for cleaning up after the event and no datx€age has been incurred to City facilities ar property. 3. Security costs will be borne by applicant and they rr~ust zxtalce their own arrangements with the 1'alzce Department. Security needs will be deternnined by the City of Delray Beac$ staff and police. Delray Beach Special Detail Pltolxe # 2A~3 W780D. 4. A certificate of itzsurance lnay be required for solrle progratxzs or events. 5. Non-.profit 501 (c} (~} artdfor Tax Exempt Organizations rrtust provide vtnitten proof of status at time; of application to qualify for cart profit rates. Copy of organization's tam exempt certificate must be provided and checks or credit card must be in the name of said organization itr order to qualify as tax exempt. 6. Any misrepresentation, regardless of r~vhether it was unintentional, on the application, shall result iu carlcellatian of the event, with no refunds given. 7. All decorations or products brought in for the event, must be pre-approved by Site Supervisor. Ail items brought nn the premises must be completely removed by applicant frorla the pretrtises in artier to be eligible to receive the return of the security deposit. 8. Event must end and a!i patrons of the event zxtust be off the pretxtises at the: time listed on application or extra rental fees rrtay apply. 9. No ~alcalzol, pets, or sl~aol<irtg are allowed on the pretttises as well as prohibited or illegal items. l 4. Any charges ictcurred by the City because of neglect, damage, ar failing to adhere to all roles and regulations by the applicant or their guests, will be charged to the applicant, ixt additiol~ to forfeiting security deposit. 1 1, The City of Delray Beach, at its disccetion, may cancel the use requested by applicant. Such notice of cancellation, wltetlter written or oral, shall be given to the contact person r-o later than 48 flours prior to the scheduled event. There zxcay be however, unforeseen circumstances that necessitate the need tc> canccl the event within the 48 hours prior to the eventr xn those instances, the City will refund any money paid prior to cancellation. Cancellation by applicant with less than 4~S fours notice will result in loss of security deposit. 12. The City of Delray Beach will riot be responsible for last or stolen items or any itetxts left by the applicant or anyone attending the event City staff will xlot s'lgn for arty items that have been. rented Isy applicant or delivered for the event. ~ hive read ea.eh o~ the above staled aru~es atxd agree to abide by all rules and regulations as set forth by the City of Delray Beach Parks and Recreation Depat~rlez~t, as wel! as tlxs Ordinances of the City of Delray Beach,. ~ ,~ ,~.. App cant Cigna e G5 Date Authorized By: Title Revised ilfl/l4 .~ "" w~:w~~ a"„"~" h8d te: Gify of ~e~ray ~eaeh ~~ ~tStar~'t]s 'arks and Recreatia~ De a~rt7ment ~ ~ . . ~ T'arks fs Rcc~atton `l~ .~aa~n Set tTp G~ia''e~:.~" Name: ~oaxd Room Style FJate of Evart: Time o£$ventr Room. sizes vary lay ~'acz~ity .indicate # ~ea~le atte~dg Gircle set up o~tiozz Classroom Style ~~~ Hnllo~v Sgr~are Style Lecture Style ~7 ~ TT-Shaped Table Style Circle Style ~"~ ~~.~_. ~ ~ -Sh311@C1 Style )~iu]tri~ Style SCII2i-C~I'C~C Style - V ~~~ l•,egenrt: Q = Chair ~ =table Ugda ?lt41~& City of Delray B~elx Parks and Recreation ~`acility Rental Application Release FYaiver i, floe undersigned, intending to be legally bound, do hereby for myself, fartzily, guardians, chargelcharges, heirs, e~ecutars and administrators, waive and xelea5e any aztd all tights and claims for damages, which Jlwe znay have against the City of Delray Beach, their representatives, successors and.erraployees for any injuries which T/we rz€ay suft'er in connection with my/our use of this facility. At various times the City of Delray Baach videotapes and photographs events to be submitted to tl~e heal .media. By casing this facility, TJwe hereby atztl~arize the City of L3elray Beach to reproduce, copy, e~ibit, publish, broadcast, nx distzibutc any and alt such tapes or phatngraphs. l have read the above and understand the xutes and regulation of tl~e City of Delray beach that have been made auailable to rrze. Refund Pplicy .A.n applicant can request a refund. 48 hours prior to scheduled event date. 'l'he request must be made in writing. Tf a canccllatiart occurs within 48 hours of a scheduled rental, you forfeit the rental fees and deposit. Ail refunds will take at least two weeks and will be in the form of a check froze the City of Delray Beach. If a security deposit is paid by check, refunds will only be .scut after youz check has clear•:.d the bates Signature I have read the above and undez~d the rules and regulations of the City of Delray Beach facility Rental Application that have been ruade available to me~ Ap licant Signature Date ,~"aciir' ~orztact In arxnatifln Camnau~.ity Center Delray Swint Club Pompey Park 50 NW 1~` Avenue 2354 Jaeger Drive 11[31 NW 2,a Sint (56l) 243-7250 (S5i) 243-7358 (561 } 243-7356 lgotnpay Parr ~'oai 505 Teen Center cad Veterans Park I I01 NW 2~ Street Habbzt Sizate 1"ark 802 NB l~ Street (561) Z4-3-7358 505 SE 5'~ A.venue (56t) 243-7350 (561.) 243-7158 Please contact facility for their operating hours. Oi+"PSCE LTS~ f_?NL'Y: Approved Rejected (reason) . Insurance z~quixed: [yes ^nn [Gezreral liability insurance cr $ l million/occurrence, combined single limit (City named as additionally insured QCopy of certlftcate of insurance Rec ~'xac ~: Date Paid: Deposit Refund Requested on: Atttharized by: Date: {Recreation Supervisor] QGeneral liability insurance @ $1 millionloccurrence, eornbined single limit ^Ciiy Warned as additionally insazred. [Copy of certificate of insurance Rec Trac #: Date Paid: Deposit Refund Requested rsn: Authorized by: (Recreation Supervisor) Date: Pgge 4 Of 4 Updated 4/2/09 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 DESIGNATE A CHAIRPERSON TO THE PUBLIC EMPLOYEES RELATIONS COMMISSION ITEM BEFORE COMMISSION This item is before the City Commission to designate a Chairperson to the Public Employees Relations Commission. BACKGROUND Chapter 35 Section 35.032 of the Code of Ordinances states that the City Commission shall designate one member as Chairperson to the Public Employees Relations Commission. The current members are as follows: Paula Aridas Edward Desmond David Haycock RECOMMENDATION Recommend that one (1) member be designated as Chairperson to the Public Employees Relations Commission. PUBLIC EMPLOYEES RELATIONS COMMISSION (PERC - 4 Year Term) 07/10 TERM MEMBERS CLASSIFICATION OCCUPATION EXPIRES REPRESENTING 08 /01 /2012 Edward Desmond Employer Retail/Business a~ o5/z1/oz alt Owner Reappt 06/20/06 alt Amt 07/15/08 reg 01 /29 /2014 David Haycock Neutral Liability Clairrtis Unexp Appt 08/05/08 alt A USter Unexp Appt 05/25/10 reg 06/30/2014 Paula Aridas Employee Shop Steward amt o5/z5/1o ALTERNATE 06/30/2014 JeffreyRuthizer Neutral Retired/Labor amt o~/06/1o Relations GENERAL COUNSEL Secretary I. Jeffrey Phetersory E sq. Jennifer Ward Damon, Posner, A~ointeabyPERC Pheterson and Bleau 09/13/91 Contact: Venice Cobb 243-7056 S/CityQerk/Board 10/I'ERC MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 APPOINTMENT TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Code Enforcement Board. BACKGROUND The term for regular member, Ms. Kelli Freeman, expires on January 14, 201 L Ms. Freeman will have served one (1) full term, is eligible and would like to be considered for reappointment. The term is for three (3) years ending January 14, 2014. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Code Enforcement Board for a three (3) year term ending January 14, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Code Enforcement Board for a three (3) year term ending January 14, 2014. 01/10 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2013 George Thacker Accounts Layperson Unexp Appt 03/20/07 alt ~1,~a,-,a~„or ` "~ "~`' Unexp Reg 06/03/08 Reappt0l/05/10 01 /14/2013 Stanley Brodka, Vice Q-iair Financial Services Layperson imexp Appt09/05/06 Reappt0l/02/07 Reg Rea 01/05/10 01 /14/2011 Kelli Freerrlan Staffing Manager Business Amt 01/03/08 reg PerSOn Unexp Appt 10/2/07 alt 01/14/2013 GeraldFranciosa Accounting/Law Layperson unexp A~ a~/o7/09 alt Enforcerr~ent Amt 01/05/10 reg 01/14/2012 Robert Marks, Q-iair Construction General Unexp Alt Appt 01/07/03 Contractor Unexp Reg Appt 04/15/03 Reappt02/07/06 Rea 01/06/09 01/14/2012 Albert Richwagen Business Owner Layperson Unexp Appt 06/17/08 alt Amt 01/20/09 reg 01/14/2012 WaymonDixon Pastor Layperson Unexp Appt 01/19/10 ALTERNATES 01/14/2013 David Boone Attorney/Educator Layperson Amt o1/05/10 01/14/2013 Sl-iarnzon Dawson Real Estate Real Estate Unexp Appt 06/17/08 Reappt0l/05/10 Contact: Danise Cleckley 243-7213 S/CityClerk/Board 10/Code Enforcement Board CODE ENFORCEMENT BOARD EXHIBIT "A" Name Background Mark Behar Self Employed -Investor Jason Dollard Attorney- President/CEO (currently serving on the Police Advisory Board) Kelli Freeman Staffing Manager Incumbent Gail Johnson Code Enforcement Officer Beril Kruger Self-Employed -Consultant Mel Pollack Retired -Business Development/Operations (currently serving on the Board of Adjustment) Stanley Scharf Administration/Supervisor Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 APPOINTMENT TO THE GENERAL EMPLOYEES RETIREMENT FUND COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the General Employees Retirement Fund Committee. BACKGROUND Mr. Evan Turk, regular member of the General Employees Retirement Fund Committee, resigned effective November 18, 2010. This creates a vacancy for a regular member to serve an indefinite term. Section 35.105 of the Code provides, that the plan will be administered by the Retirement Committee, consisting of five members. One member shall be the Finance Director of the City. The Commission appoints four members, three of whom may, but need not, be employees of the City and one that may, but need not, be an employee of the City or the Mayor or City Commissioner. Each appointed member serves until a successor is appointed in like manner. The following individual has submitted an application and would like to be considered for appointment: James Smith A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Eliopoulos (Seat #1) for one (1) regular member to serve on the General Employees Retirement Fund Committee for an indefinite term. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the General Employees Retirement Fund Committee for an indefinite term. GENERAL EMPLOYEES RETIREMENT COMMITTEE 11/10 TERM EXPIRES REGULAR MEMBERS Vacant apps o6/16/oa Vincent Dole apps oz/o6/o1 Stephen R. Swanl~ Qzair Vacant -Finance Director apps o~/z~/9s Milena Walinski, Vice Qzair Contact: Karen Schell 243-7056 S/CityQerk/Board 10/General Employees Retirement Commissioner Liaison: Commissioner Frankel MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 28, 2010 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND At the City Commission meeting on December 14, 2010, Ms. Laura Reines, was appointed to the Financial Review Board as an alternate member. Due to the early morning meetings, Ms. Reines is unable to serve on this Board and wishes to decline the appointment. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) alternate member to serve on the Financial Review Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Financial Review Board for an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD 12/10 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/31 /12 Barbara Chester Leasing Manager & amt o~/zo/1o Corporate Analyst 07/31/12 HowardEllingsw~rth,Q-iair AccoLmting Amt 10/20/09 PaT'tneT/CPA Reappt07/06/10 07/31 /11 Todd L'Herrot~ Vice Q~air Puniness Owner amt 1o/zo/o9 07/31 /12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31 /11 Yvonne Walker Accountant amt 1o/zo/o9 07/31/12 Luise Piane Executive amt o~/zo/1o Managerrient ALTERNATES 07/31/11 Unexp Appt Vacant 07/31 /11 Cheryl Shaffner Accounting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/City Qerk/Board 10/Financial Re~riew Board FINANCIAL REVIEW BOARD EXHIBIT A Applicants with experience in the professions required: Applicant Occupation Martin Cherry Executive Vice president Suzanne Donohue President-Director of Sales John Hallahan Assistant Director of Operations/MBA Jeff Ritter Consulting/MBA (currently serving on the Police Advisory Board) AndrewYoungross Engineer/Susiness Owner Applicants interested in being an at-large-member: Applicant Occupation Barbara Chester Corporate Analyst/Leasing Manager Nayda Cottone-Ovadia Nursing Assistant (currently serving on the Nuisance Abaterr~errt Board) Vicki Hill Construction Auditor Michael Park General Counsel MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 14, 2010 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 ORDINANCE NO.44-10 ITEM BEFORE COMMISSION This ordinance is before Commission amending Chapter 112 "Alarm Systems", of the Code of Ordinances. BACKGROUND At the first reading on December 7, 2010, the Commission passed Ordinance No. 44-10. RECOMMENDATION Recommend approval of Ordinance No. 44-10 on second and final reading. ORDINANCE NO. 44-10 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING SECTION 112.03, "DEFINITIONS", AMENDING CERTAIN DEFINITIONS; AMENDING SECTION 112.04, "PROHIPITION", TO PROVIDE AN ADDITIONAL PROHIBITION; REPEALING SECTION 112.20, "ALARM REGISTRATION REQUIRED; FEE; TERM OF REGISTRATION; NON TRANSFERAPLE" IN ITS ENTIRETY PY AMENDING SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION", TO PROVIDE INCREASED FINE AMOUNTS AND TO REQUIRE THAT APARTMENT COMPLEX OWNERS/PROPERTY MANAGERS MUST OPTAIN ALARM PERMITS FOR EACH UNIT AND RENUMPERING; ENACTING A NEW SECTION 112.21, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL", TO PROVIDE FOR ANNUAL RENEWALS; REPEALING SECTION 112.22, "DUTY OF PERSON NOTIFIED TO PROVIDE ACCESS TO PREMISES, RENDER ASSISTANCE" IN ITS ENTIRETY AND ENACTING A NEW SECTION 112.22, "MONITORING REQUIRED", TO PROVIDE MONITORING REQUIREMENTS; AMENDING SECTION 112.23, "ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED" TO PROVIDE ADDITIONAL CRITERIA FOR DENIAL OF ALARM PERMITS; AMENDING SECTIONS 112.26, "VERIFICATION OF P,LARIV~ REQUIRED RESPONSE TO ALARIV~ ALARM USER RESPONSIPILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION",112.27, "MULTIPLE ALARM MAL-FUNCTIONS OR FALSE ALARMS DECLARED A PUBLIC NCJISANCE; FEE CHARGES", TO PROVIDE GRADUATED FINES, AND COURT COSTS FOR COLLECTION OF UNPAID FINES; AMENDING SECTION 112.28, "LIMITED RESPONSE", TO PROVIDE FOR LIMITED RESPONSE FOR FALSE P~I~ARNLS, OVERDUE FEES AND FAILURE TO REGISTER; REPEALING SECTION 112.29, "APPEAL", AND ENACTING A NEW SECTION 112.29, "APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS"; TO PROVIDE FOR LIMITED RESPONSE AND APPEAL OF SAME; REPEALING SECTIONS 112.30, "RESERVED", 112.31, "RESERVED", AND 112.32, "NEWLY INSTALLED ALARM SYSTEMS" IN THEIR ENTIRETY; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Commission has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission has determined it to be in the public's best interest to establish reasonable regulations regarding alarm systems. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That Section 112.03, "Definitions" and 112.04, "Prohibitions", of the Code of Ordinances of the City of Delray Peach are hereby amended as follows: Sec. 112.03. DEFINITIONS. For the purpose of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Alarm The sound or signal of an alarm system. Alarm won. The activation of any alarm which results in the response of the Police Departrr~ent or the Fire Depaxttr~nt, caused by mechanical failure, malfunction, improper installation or lack of proper maintenance or any other response for which Police or Fire Departrr~ent personnel are unable to gain access to the premises for any reason, or are unable to detem-tine the apparent cause of the alarm activation Alarm registration A registration issued by the City Manager or his designee allowing the operation of an alarm system within the city of Delray Peach and signifying compliance of the alarm system with the provisions of this Chapter. Alarm system. Any mechanical, electrical or radio-controlled device which is designed for the detection of smoke, fire, unauthorized entry or other activity requiring urgent attention, and which when activated emits a sound or transmits a signal or message beyond the premises to alert others of an emergency situation. Alarm tec~iraaan. Any person who inspects, installs, repairs or performs maintenance on alarm systems and is licensed by the State of Florida or works under astate-licensed alarm contractor. Alarm user. Any individual, parhzership, corporation or other entity in control of any building, structure, facility or premises, or portion thereof, where an alarm system is located and maintained Automatic t~ dialingde~ or digital alarm mrrur~raluator. An alarm system which automatically transmits a recorded message or coded signal over regular telephone lines by direct connection or 2 ORD. N0.44-10 otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. E nforcerr~i~t offiaal. As to security burglar alarm systems, the chief of Police or his designated representative; as to fire alarm systems, the Fire Chief or his designated representative. False alaan An alarm for which a governmental agency has made an inspection of the premises within a reasonable time after the activation of an alarm and finds no apparent reason for the alarm except a possible alarm malfunctiory or an activation that sounds with no physical evidence of pr;n~ng, forcing, or damming to access points of a structure. An alarm is not considered a false alarm if the alarm is activated by unusually violent conditions of nature or due to malicious causes beyond the control of the alarm user. L i~rdted Resp~i~se. The Police D~zt shall respond only to verified emergencies, ie. crime in progress, panic button, silent alarm, call from person on site or alarm companyreport a crime. Pren~uses. Any building, structure or facility and adjoining property which is protected by and upon which is installed an alarm system. Recliared o~ratize alaan stern. An alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of any governmental entity. Smdce detector. A device which detects the visible or invisible particles of combustion. Sec. 112.04. PROHIBITIONS. (A) No person, partnership, corporation or other entity shall use or cause to be used any automatic telephone dialing alarm device or digital alarm communicator system over any telephone lines exclusively used by the public to directly request emergency service. (S) Audible security burglar alarm systems which do not automatically deactivate within fifteen (15) minutes after activation are prohibited (C) Fire alarm systems which automatically deactivate are prohibited (D) Alarm systems which transmit an alarm sound or signal in the event of a power restoration after a poor failure are prohibited (E) Alarm systems shall not directlypolice or fire deparhnents. Section 2. That Section 112.20, "Alarm Registration Required Fee; Term of Registration; Nontransferable", of the Code of Ordinances of the City of Delray Seach, Florida, is hereby repealed in its entirety: 3 ORD. N0.44-10 C .. '1'17 Iii DL'!_TC'T'D A'l"Tll1~T DL'lITTTDL'Tl. L'TL'. 'l"L'DTiT !1 L' DL'!_TC'T'D A'T'Tl11~T. ~°c~za~ ~v~j rL~L z~rrrvrr Section 3. That Section 112.21, "Application for Alarm Registration; Reporting Qzanged to Required Information", of the Code of Ordinances of the City of Delray Beach, Florida, is renumbered Section 112.20 and amended as follows: Sec. 112.20. APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION: RENEWAL. (A) (1) Application for an alarm registration shall be made by a person having control over the properly on which the alarm system is to be operated Such application shall be made in writing to the Director of Community Improvement or his/her designee on a foml designated by the City for that purpose. Neighborhood subdivisions referred to in Section ~9 112.21(E) shall comply with ~~~ Section 112.20 (S)(2) and {4} ~ and shall provide e two 2 emergency contacts for the purpose of complying with ~~~ Section 112.20 (S) {~ ~. ORD. N0.44-10 (2) New alarm systems shall be registered for twenty five dollars ($25)~~ i€ (~? ,h-p~.a;~ :~..n~see; : a~.eg~~~vttl~ ate e3as#t~2Lv~m sys~n False- {4)~ Each year, by April March 1, newrenewal applications shall be filed in order to ensure all information is correct. ode A fee of thirty dollars ($30) shall be required (S) On such applicationy the application shall set forth (1) The name, address and telephone number of the applicant's properly to be serviced by the alarrry including any business name used for the premised (2) The name, address and telephone number of the applicant, if different from the properly to be serviced: {4) ~ The name, address and telephone number of the alarm business installing or maintaining the alarm system, if any: {~} ~ The date of activation of the alarm system;; and {~ ~ Emergency notification. The names, addresses and telephone numbers of at least two (2) persons or entities who can be contacted at any time for the following purposes: (a) To receive notification of alarm activation; (b) To arrive at the alarm site within thirty (30) minutes after receiving a request from the Police Deparlrnent or Fire Department to do so; and (c) To grant access to or enter the premises and deactivate the alarm system. (C) The information set forth in subsection (S) shall be updated each year and be kept current by the registration holder. The registration holder shall notify the ~-slice Alarm Coordinator within ten (10) days of any changes in this information and shall each year provide a new application as required by Subsection 112.2~0(A}E4)~. Failure to renew alarm registration of this Chapter ~d shall result in a late charge of #~ one hundred dollars {9:98) ($100.00) and if renewal application is not received within sixt,~60~ys of the renewal date, there shall be limited response by the Citds Police Deparment. 5 ORD. N0.44-10 (D) Immediately upon receipt of a registration and prior to the activation of any alarm system, the Director of Communit,~mprovement or his 1~ier designee shall forward a copy of the application to the Alarm Coordinator. Section 4. That a new Section 112.21, "Alarm Registration Required; Penalty for Failure to Register'', of the Code of Ordinances of the City of Delray Seach, Florida, shall be enacted as follows: Sec. 112.21. ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER. A 1 All alarm systems for which permit application is completed after the effective date of this ordinance shall be registered at the time of permit application Alarm systems installed prior to the effective date of this ordinance shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. (2) A person required to obtain a valid alarm registration shall be issued a notice of violation and that person shall have ten (10~vs from the date of the notice of (S) A registration fee of twenty five dollars ($25.00) shall be charged to the alarm user after notification and receipt of notice of violation due to the emission of one false alarm. (C) Applications having more than one alarm s, em protecting two (2) or more separate structures shall be required to obtain separate alarm registrations for each structure, unless the structures are protected by the same alarm s, em. alarm registration is assigned shall require a new registration application. (E) Neighborhood subdivisions that have an internal fire and/or burglar alarm system that is maintained and monitored b~private securi , company located within the subdivision shall pa,~ one registration fee for the entire subdivision. (F) If the owner or propertymanager of an apartment complex provides alarm systems in each residential unit as an amenity, then the apartment complex shall obtain an alarm permit for each apartment. All units, whether occupied or not, shall be reauired to have an alarm permit. Each apartment shall be considered as a separate alarm user. ORD. N0.44-10 Section 5. That Section 112.22, "Duty of Person Notified to Provide Access to Premises, Render Assistance" shall be repealed in its entirety and a new Section 112.22, "Monitoring Required", of the Code of Ordinances of the City of Delray Beach, Florida, shall be enacted as follows: ~~`2~, r~TT~-rv n>T~.~v~~Tn~rT~T~r~ 'r'n n~nvTr~~ n~-~-~c~T~T4T~E~ DL'1~TT1L'D ACCTC'T'A1~T!`L' Sec. 112.22. MONITORING REQUIRED. Each security/burglar alarm system shall be monitored by a 24-hour alarm monitoring company licensed in the State of Florida. Section 6. That Sections 112.23, "Issuance of Alarm Registrationy Decal Required", 112.26, "Verification of Alarm; Required Response to Alartry Alarm User Responsibility; Alarm Malfunction and Corrective Action", 112.27, "Multiple Alarm Malfunctions or False Alartrtis Declared a Public Nuisance; Fee Q-iarges", of the Code of Ordinances of the City of Delray Seach, Florida, shall be amended as follows: Sec. 112.23. ISSUANCE OF ALARM REGISTRATION; DECAL REQUIRED. (A) An alarm registration shall be issued by the Director of Communit,~rriprovement upon receipt of a completed application (S) Director of Communit,~mprovement or his/her designee may inspect the alarm equipment and planned installation and may require the submission of additional and specific information (C) Each alarm registration holder shall be issued a decal which shall contain the alarm user's registration number. This decal must be prominently posted at or near the front entrance of the premises covered by the registration so that the decal is visible from the outside of the structure. (D) An application for an alarm registration maybe denied if: (1) The requested information is not supplied on the application or such additional information as required is not furnished (2) Material information on the application is incorrect, or an applicant falsifies any statement on the application 7 ORD. N0.44-10 (3) If the equipment is found to be inferior and not capable of proper perforniance. (4) If the business or alarm user has an unpaid alarm fine balance at another property in this city Sec. 112.26. VERIFICATION OF ALARM; REQUIRED RESPONSE TO ALARM; ALARM USER RESPONSIBILITY; ALARM MALFUNCTION AND CORRECTIVE ACTION. (A) All residential or commercial intrusion and burglary alarms that have a central monitor shall Dave a central monitoring verification call made to the premises generating the alarm signal, prior to alarm monitor personnel contacting the Police Department for alarm dispatch This verification requirement does not apply to fire alarms. Failure to verify alarm activations before requesting a dispatch shall result in the assessment of the alarm monitoring company of a civil penalty of five hundred dollars ($500.00) for each occurrence and/or an assessment of the alarm user of a civil penalty of one hundred twenty-five dollars ($125.00) for each occurrence. (S) A response to an alarm activation shall result when any officer or member of the Police or Fire D~zt shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system(s), by any means whatsoever, and responds thereto by traveling to that premises. (C) After responding to an alarm activation, the enforcement official may notify any person identified in the alarm registration application pursuant to Section 112.20 of the activation of the alarm system and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within thirty (30) minutes after being notified to do so, the City shall charge the alarm user a fee of s~~~e one hundred dollars {98) 100.00. The officer or member of the Police Department or Fire Department who responded to said premises shall serve the alarm user or authorized representative with an "Alarm Activation Report." If no representative is present, the Alarm Activation Report shall be left at the premises. (D) In the event of an alarm activation deemed by the enforcement official to be e .,~ +r,,, ,,,,~, a+ „~ an alarm malfunction, the alarm user or authorized representative will be served an "Alarm Activation Report" indicating that the activation was deemed to be the result of a ~c-tiex mechanical failure, malfunction, improper installation or improper maintenance, and requiring the alarm user or authorized representative to return a completed "Affidavit of Service/Repair" within thirty (30) days of said alarm activation which can verify to the satisfaction of the enforcement official that the alarm system in question has ~ been examined b~ +~~ by an alarm contractor licensed in the State of Florida and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the alarm system which was identifiable as the cause of the nuisance alarm ~e#fen. Failure to return an "Affidavit of Service/Repair" within said thirty day (30) period which is satisfactory to the enforcement official will shall result in ~~eE~. r r _r c,,,,+;~r "'' ''Q a fine of one hundred dollars ($100.00) or enforcement action in the event of a required fire alarm system per F.S. Section 633.025(3). 8 ORD. N0.44-10 Sec. 112.27. MULTIPLE FALSE ALARMS OR ALARM MALFUNCTIONS ;FEE CHARGES. (A) It is hereby found and determined that the emission of more than three (3) false or alarms malfunctions within a calendar year period at the same premises is excessive ~ra ~~r~+;+, ~-~~ ee. (P) No fee shall be assessed with a valid permit for the first three (3) false or alarms malfunctions at the same premises responded to by the Police Departtr~ent or the Fire Departtr~ent during each calendar year. Thereafter, a fee shall be paid by the alarm user for each false or nuisance alarm responded to by the Police Departtr~ent or the Fire Departtr~ent at the same premises during each calendar year as follows: (1) a First three false/nuisance alarm with valid permit .................................No cost Without valid permit, $100.00 for cost of permit and late fee as provided in Section 112.21(A,Z(2) .................................. b. Fourth false/nuisance alarms ......................................................................... 50.00 c. Fifth false/nuisance alarm ...........................................................................100.000 d Sixth, seventh, eighth, ninth, and tenth false/nuisance alarms, each .......................................................................... 200.00 (C) Once a false fire alarm system has been responded to by the Fire D~zt, it shall be unlawful for the alarm panel to be reset by the alarm user or authorized representative until the authorization of the enforcement official has been obtained (D) Should any fee assessed pursuant to this Chapter remain unpaid in excess of one hundred t~nty (120) days from the date of the charge is billed a collection fee in the amount of eight (8) percent of the outstanding balance shall be assessed and shall be payable by the alarm user in addition to the original fee and the alarm user shall be placed on a limited response at the alarm site Lentil payment of all delinquent fines are received The alarm user shall also be responsible for any legal fees or costs incurred by the City of Delray Peach in enforcement of this Chapter including any fees or court costs associated with filing suit in a court of competent iurisdiction to collect unpaid fees or costs. Section 7. That Section 112.28, "Limited Response", of the Code of Ordinances of the City of Delray Peach, Florida, shall be amended as follows: Sec. 112.28. LIMITED RESPONSE. 9 ORD. N0.44-10 (A) Limited Response shall mean that the Police D~zt shall respond only to verified emergencies, including but not limited to the following. crimes in progress, panic button calls, silent alarm calls and calls from persons on site reporting a crime. /l ..,,.,.~ ..11 ........:......~,...w_. ..,~.~,l,.,l L,~..:.~ ~1.:,. !`I~.....w......al~:~, al.:w.. /'3!1\ Cr ,1... ~. ,.L ~1~,. ,.1~....,.:~.,~,.L ~1~,. L,.,.. ,~.. •„ (S) An alarm system maybe placed on limited response for one or more of the following occurrences: (1) Alarm systems with six (6) or more false alarms, and corrective action prescnbed by the Alarm Coordinator has not been completed; or (2) The alarm user has response fees which are overdue for sixt~60, or more calendar days; or (3) The alarm system is unregistered and the applicant has not registered or obtained a permit within (30) calendar days after notification. . . (C) Prior to being placed on limited response, except for an unregistered system, the alarm user shall be notified in writing with the date specific as to when the alarm system shall be placed on limited response. The Alarm Coordinator shall send out notice by certified mail to the alarm user. And unregistered system shall be automaticallyplaced on limited response, if the applicant has not registered within (30) calendar days of notification, until such time that the alarm system is registered with 10 ORD. NO.44-10 the City In addition, the user of an unregistered system or a system installed without a permit maybe subiect to a notification to wear before a special master and/or be issued a City citation. (D) The alarm user shall pay a reinstatement fee of ninety dollars ($90.00) to be reinstated to non limited response status together with certification by an alarm system contractor that any and all problems with the alarm system have been corrected Section 8. That Section 112.29, "Appeal", of the Code of Ordinances of the City of Delray Beach, Florida, shall be repealed in its entirety and a new Section 112.29, "Appeal of Response Fee and Appeal of Limited Response Status", shall be enacted as follows: S~ ~~iT~~~ Sec. 112.29. APPEAL OF RESPONSE FEE AND APPEAL OF LIMITED RESPONSE STATUS. (A) An alarm user ma~~eal assessment of the response fee to the Alarm Coordinator by filing a written request for review setting forth the reasons for the appeal within (30, calendar days of the incident of alarm. The filing of a request for an appeal stays the assessment of the response fees until the Director of Communit,~mprovement or his/her designee makes a final decision (S) The Alarm Coordinator shall conduct a review and consider evidence presented b~ alarm user. The Alarm Coordinator shall make a recommendation to the Director of Community Improvement on the basis of evidence presented The Director of Communit,~mprovement must render a final decision within fo , -five 45) calendar days after the request for an appeal is filed (C) An alarm user placed on limited response ma~ppeal the limited response status by filing a written request setting forth the reasons for the appeal within fourteen (14) calendar days of receipt of notification. The Citds Hearing Official shall conduct a hearing and consider the evidence presented The decision of the Hearing Officer is final. If an alarm user is found in violation of city code, a fine amount ma b~imposed not to exceed two hundred fifty dollars ($250.OO~per day for the 11 ORD. NO.44-10 first violation and not to exceed five hundred dollars ($500.OO~per day for a repeat violation Should an appeal be heard by the Hearing Officer, pursuant to Section 162.09, Florida Statutes, and the required corrective action is not taken, a lien ma~lmposed on the property where the violation exists and upon any real or personal property owned by the violator. Section 9. That Section 112.30, "Reserved", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: T.,,-. 1 7 100 ~ccx~ , Section 10. That Section 112.31, "Reserved", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: Section 11. That Section 112.32, "Newly Installed Alarm Systems", of the Code of Ordinances of the City of Delray Peach, Florida, shall be repealed in its entirety as follows: Section 12. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, clause 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 hereof other than the part declared invalid Section 13. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 14. That this ordinance shall become effective upon its passage on second and final reacling. 12 ORD. NO.44-10 PASSED AND ADOPTED in regular session on second and final reading on this the day of 2010. ATTEST: City Clerk MAYOR First Reading Second Reading 13 ORD. NO.44-10 NOTICE OF LIMITED RESPONSE FOR POLICE ALARMS/OVERDUE FEES CITY OF DELRAY BEACH, Petitioner, Respondent. DATE: CUSTOMER #: CERT. MAIL NO.: RETURN RECEIPT REQUESTED As of this date, you have violated one of the following: (1) failed to register his/her alarm within thirty (30) days of notice of same; (2) failed to provide a written "Affidavit of Service/Repair" within thirty (30) days of false alarm; (3) failed to pay response fees for false alarms, where such fees are overdue by more than one hundred twenty (120) days; or (4) failed to appear within thirty (30) minutes of notice to respond, if such failure has occurred four (4) or more times within a registration period. (circle one) A list of dates, times, and amounts for each of the violations warranting this limited response are enclosed with this notice. These violations occurred at your business/residence located at: Pursuant to Section ll2.28(B) of the City's Code of Ordinances, an alarm system may be placed on limited response for the violations listed above. Limited response is defined as follows: that the police department shall respond only to verified emergencies, (i.e. crime in progress, panic button, silent alarm, and call from person on-site reporting a crime). You may avoid being placed on limited response by paving all overdue fees in full. The City's Finance Department must receive payment no later than .Please submit payment to: City of Delray Beach Attn: Finance Department 100 N.W. 1st Avenue Delray Beach, FL 33444 Make check payable to the City of Delray Beach. Please include your telephone number and driver's license number on your check. For amounts over $1,000.00, please submit a cashier's check or money order. You will be removed from Limited Response once check is received and processed by the City's Finance Department. Please allow up to five (5) days for processing. NOTICE OF LIMITED RESPONSE FOR POLICE ALARMS/OVERDUE FEES You may appeal being placed on limited response by filing a written appeal setting forth the reasons for the appeal within fourteen (14) calendar days of receipt of this notice by sending the appeal to the ollowin Limited Response Appeal Attn: Alarm Coordinator 300 W. Atlantic Avenue Delray Beach, FL 33444 UNLESS YOU APPEAL IN WRITING WITHIN FOURTEEN (14) CALENDAR DAYS OF RECEIPT OF THIS NOTICE OR PAY THE RESPONSE FEES IN FULL BY ,THE LIMITED RESPONSE SHALL BE EFFECTIVE ON ONCE PLACED ON LIMITED RESPONSE STATUS, THERE IS A NINETY DOLLAR (590.00) REINSTATEMENT FEE IN ADDITION TO YOUR OVERDUE FEES TO TAKE YOUR ALARM OFF OF LIMITED RESPONSE. Upon receipt of a timely written appeal, a hearing will be scheduled before our Hearing Officer. Notice of the hearing will be sent to you after receipt of your written appeal The Hearing Officer shall conduct a hearing and consider the evidence presented pursuant to Chapter 162, Florida Statutes. At the conclusion of the hearing, the Hearing Officer shall issue findings of fact, based upon the evidence presented and conclusions of law, and shall issue an order. If an order requires action to be taken to comply with the requirements of the false alarm ordinance by a specific date, a fine may be imposed in an amount not to exceed 5500.00 per day for each day that the system is not in compliance after the specified date. If the required corrective action is not taken, a lien may be imposed on the property where the violation exists and upon any real or personal property owned by the violator. Janice Abrahim, Alarm Coordinator I HEREBY CERTIFY that an original Notice of Limited Response for overdue fees was furnished by regular and certified mail, return receipt requested to: Name: Address: and a copy of the Notice of Limited Response for overdue fees was furnished by regular and certified mail to: Name: Address: On this day of , 200_ Janice Abrahim, Alarm Coordinator cc: Anthony Strianese, Chief of Police Lula Butler, Director of Community Improvement 2 Updated Informarion for Item IO.A. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden,City Manager DATE: December 2, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 ORDINANCE N0.44-10 ITEM BEFORE COMMISSION City Commission approval of Ordinance 44-10, Chapter 112, "Alarm Systems" on first reading. BACKGROUND Pursuant to direction from the Commission, staff is presenting for consideration an amending ordinance for Chapter 112 of the City Code of Ordinance governing Alarm Systems for approval on first reading. Highlights of the amendments include: 1. Mandatory registration and annual renewal requirements with associated fees. 2. Requirement to report changes to required information within a 10-day period. 3. Increased fine amounts. 4. False/nuisance alarm fee charges to provide graduated fines and court cost for the collection of unpaid fines. 5. To provide limited response for false alarms, overdue fees and failure to register. 6. Enacting a new section on appeal of response fee and appeal of limited response status. Staff is estimating that the annual revenues for the first year of implementation should be approximately $375,000. This projection is based on the Ordinance being formally adopted on January 4, 2011 and the first annual renewal process to be completed between April and July, 2011. RECOMMENDATION Staff is recommending City Commission approval of Ordinance 44-10 on first reading and to schedule the same for public hearing and final adoption at the January 4, 2011 regular meeting. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4028&MeetingID=278 12/8/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 14, 2010 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 ORDINANCE NO.45-10 ITEM BEFORE COMMISSION This ordinance is before Commission to amend Chapter 39, Section 39.01, "Service Charge for Returned Checks", to make this section consistent with Florida Statutes Section 166.251, "Service Fee for Dishonored Check". BACKGROUND At the first reading on December 7, 2010, the Commission passed Ordinance No. 45-10. RECOMMENDATION Recommend approval of Ordinance No. 45-10 on second and final reading. ORDINANCE N0.45-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 39, "RETURNED CHECK SERVICE CHARGE", OF THE CODE OF ORDINANCES PY AMENDING SECTION 39.01, "SERVICE CHARGE FOR RETURNED CHECKS", TO MAKE THIS SECTION CONSISTENT WITH FLORIDA STATUTES SECTION 166.251, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Peach desires to modify this section in order to make it consistent with Florida Statutes Section 166.251. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 39, "Returned Check Service Qzarge", of the Code of Ordinances of the City of Delray Peach is amended by amending Section 39.01, "Service Qzarge for Returned Checks", to read as follows: Sec. 39.01. SERVICE CHARGE FOR RETURNED CHECKS. In the event a check draft or other order for payment of money given to the City in payment of a permit, license, utility bill or any other type of bill, or any miscellaneous receipt issued by the City, is not paid by the bank on which it is drawn but instead is returned the City shall assess a service fee of twenty dollars ($20.00) or five (5) percent of the face amount of each check, draft or other order for payment of money so returned whichever is greater, for the collection of a dishonored check draft or other order for payment of money to the City Hower, this fee maybe waived at the Cites discretion in the event of a bank error or other similar circumstance outside the customer's control. If a service fee is imposed this service fee shall be billed to the customer. The service fee shall be in addition to all other penalties imposed by law 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: MAYOR City Clerk First Reading Second Reading 2 ORD. N0.45-10 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. BRIAN SHUTT, CITY ATTORNEY DATE: December 1, 2010 Page 1 of 1 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF DECEMBER 7, 2010 ORDINANCE N0.45-10 ITEM BEFORE COMMISSION The item before the Commission is Ordinance Number 45-10 which amends Section 39.01 of the Code of Ordinances to make this section consistent with Florida Statutes 166.251. REVIEW BY OTHERS The Finance Department desires to bring Section 39.01 into compliance with Florida Statutes to include service charges on all forms of payment to the City that are returned. RECOMMENDATION Staff recommends approval of Ordinance No. 45-10. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4026&MeetingID=278 12/8/2010 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. PLANNING AND ZONING DIRECTOR PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 27, 2010 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 4, 2011 ORDINANCE NO.02-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that amends provisions in the Flood Damage Control Districts to conform with changes in State law. BACKGROUND Recent changes made in the Florida Building Code (FBC) relating to flood damage resistance must be reflected in local governmental codes. This amendment provides the necessary updates to ensure consistency between our Land Development Regulations and the FBC. Following are highlights of the proposed amendment: 1. The lowest floor elevation is to be raised twelve inches (12") above the Base Flood Elevation (BFE) for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages, or must otherwise be provided with flood proofing per FEMA standards; 2. Current general language is to be replaced to specifically require all mechanical, electrical and plumbing equipment to be located at or above the BFE. Features listed include all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc.; 3. Openings will be required where enclosed space occurs below the BFE to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per square foot of enclosed area. All such openings must be one (1) foot above adjacent grade; 4. Louvers, screens or other opening covers will not be allowed to block or impede the automatic flow of floodwaters into and out of the enclosed areas; 5. Identifies that doors by themselves do not meet the flood venting requirements, but openings that satisfy items 3 and 4 above may be installed to meet minimum requirements. REVIEW BY OTHERS The Planning and Zoning Board voted 6 - 0 recommending approval at their December 20, 2010 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 02-ll 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 N0.02-11 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 4.5.3, "FLOOD DAMAGE CONTROL DISTRICTS", TO PRING THE SECTION INTO COMPLIANCE WITH STATE STATUTES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance Program Act (NFIP) was adopted by Congress in 1968; and WHEREAS, the NFIP enables property owners in participating communities to purchase insurance protection from the government against losses from flooding; and WHEREAS, Florida Statutes Section 553.73(5) allows counties and municipalities to adopt by ordinance an administrative or technical amendment to the Florida Pudding Code relating to flood resistance in order to implement the NFIP or incentives; and WHEREAS, consistent with 44 C.F.R. §60.6, an administrative amendment may assign the duty to enforce all or portions of flood related code provisions to the appropriate agencies of the local government and adopt procedures for variances and exceptions from flood related code provisions other than provisions for structures seaward of the coastal construction control line; and WHEREAS, the City of Delray Peach desires to bring Section 4.5.3 into compliance with NFIP, Federal E mergency Management Act, and the Community Rating System; and 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 December 20, 2010 and voted 6 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 CONMSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.5, "Overlay and Environmental Management Districts", Section 4.5.3, "Flood Damage Control Districts", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.5.3 Flood Damage Control Districts: (A) Purpose and Intent: It is the purpose of this Overlay Zone District to promote the public health, safety, and general welfare, and to minimizes public and private losses due to flood conditions in specific areas by provisions designed to: (1) Restrict or prohibit uses which are dangerous to health, safety, and property due to water or erosion or in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve these uses, be protected against flood damage at the time of initial constnzctiory (3) Control the alteration of natural flood plains, stream channels, and natural protective bamers which are involved in the accommodation of floodwaters; (4) Control filling, grading, dredging, and other development which may increase erosion or flood damage; and (5) Prevent or regulate the construction of flood bamers which will unnaturally divert floodwaters or which may increase flood hazards to other lands. (P) Application: (1) Rule: No structure shall be located extended converted structurally altered or used on land which is located within a special flood hazard area without full compliance with the terms of this Section. The Chief Pudding Official is responsible for the issuance of permits pursuant to this Section. (2) Location of Special Flood Hazard Areas: The regulations contained herein shall apply to all areas of special flood hazard within the jurisdiction of the City and as shown on the latest edition of the Flood Rate Insurance Map as promulgated by the Federal Emergency ORD N0.02-11 M(anagernent agency. (3) Restrictions: This Section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions, nor is it intended to repeal provisions of the ~ Florida Pudding Code. Where this Section and another provision conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (4) Interpretations: In the interpretation and application of this Section all provisions shall be: (a) Considered as minimum requirements; (b) Liberally construed in favor of the governing body; and (c) Deemed neither to limit nor repeal any other powers granted under state statutes. (5) Disclaimer: The degree of flood protection herein required is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights maybe increased by man made or natural causes. These regulations do not imply that land outside the areas of special flood hazard or uses pemutted within these areas will be free from flooding or flood damages. These regulations shall not create liability on the part of the City, its Mayor, members of the Commission, its officers, employees, or appointees thereof for any flood darr~ages that result from reliance thereon or any administrative decision lawfully made thereunder. (C) Review and Approval Process: [See Section 2.4.6(I)] (D) Construction Standards: (1) General: In all areas of special flood hazard the following provisions apply. ~ The lowest floor elevation for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages must be raised 12" above the Pase Flood Elevation (PFE), or must be provided with flood proofing~er FEMA standards. {-~} ~b All new construction and substantial improvements shall be anchored to prevent floatatiory collapse, or lateral movement of the structure. ORD N0.02-11 {~ ~ All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. {c~ ~ All new construction or substantial improvements shall be constructed by methods and practices that minimise flood damage. {d~ ~ All new and replacement water supply systems shall be designed to minimise or eliminate infiltration of floodwaters into the system. {e~ ~ New and replacement sanitary sewage systems shall be designed to minimise or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters. {f~ ~ On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. {g~ 1~-t Any alteration, repair, reconstructiory or improvements to a structure on which the start of construction was begun after May 8, 1978, shall meet the requirements of new construction as contained in this chapter. {l~ ~ Manufactured homes shall be anchored to prevent floatatiory collapse, or lateral movement. Method of anchoring may include, but is not limited to, use of over-the-top or frame ties to ground anchors. This standard shall be in addition to and consistent with applicable requirements for resisting wind forces. {~} , All mechanical, electrical and plumbing equipment must be located at or above the SFE. This includes all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. lac Where enclosed space occurs below the SFE , openings are required to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2~penings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All ORD N0.02-11 ot-~a~ings shall be one (1) foot above adiacent grade. ~1 Louvers, screens, or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. ~ Openings meeting the requirement of (k) and (1) above may be installed in doors. Doors by themselves do not meet the flood venting requirements. (2) Mapped Areas: In all areas of special flood hazard where base flood elevation data has been provided on FE MA Maps, the following provisions apply. (a) Residential Construction: New construction or substantial improvement of any residential structure shall have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to or above base flood elevation (b) Nonresidential Construction: New construction or substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, (as defined in Appendix "A" to these LDRs), including basement, elevated to the level of the base flood elevation or, together with attendant utility and sanitary facilities, be flood proofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (3) Subdivisions: All subdivision proposals shall (a) Be consistent with the need to minimise flood damage; (b) Have public utilities such as water, gas, sewer, and electrical systems located and constructed to m;nim;z~ flood damage; (c) Have adequate drainage provided to reduce exposure to flood hazards; (d) Provide base flood elevations in all cases where a plat involves five acres of land or fifty dwelling units. (E) Variances: The Board of Adjustment shall hear and decide appeals and requests for variances from the requirement of this Section pursuant to Section 2.4.7(A). ORD N0.02-11 (1) Variances may be issued for the reconstruction, rel-iabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this Subsection. (2) In passing upon the applications, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other portions of this Section, and (a) The danger that materials maybe swept onto other lands to the injury of others; (b) The danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of the damage on the individual owner; (d) The importance of the services provided by the proposed facility to the community; (e) The necessity to the facility of a waterfront location, where applicable; (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (g) The compatibility of the proposed use with existing and anticipated development; (h) The relationship of the proposed use to the comprehensive plan and flood plain management program for that area; (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (j) The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave actiory if applicable, expected at the site; (k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as seer, gas, electrical, and water systems, and streets and bridges; and SECTION 4.5.3 (E) (2) (1) ORD N0.02-11 (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1 /2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level providing that the requirements of this Section Dave been fully considered As the lot size increases beyond the 1 /2 acre, the technical justification required for issuing the variance increases. (3) Upon consideration of the factors listed above and the purposes of this Sectiory the Poard of Adjustment may attach conditions to the granting of variances as it deems necessary to further the purposes of this chapter. (4) Variances shall not be issued within any designated flood way if any increase in flood levels during the base flood discharge would result. (5) Basis for Variances: (a) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazarc>, to afford relief; and in the instance of a historical building, a determination that the variance is the minimum necessary so as not to destroy the historic character and design of the building. (b) Variances shall only be issued upon a showing of good and sufficient cause; a determination that failure to grant the variance would result in exceptional hardship to the applicant; and a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (F) Other Administrative Functions: The Chief Pudding Official in his duty of implementing this Section shall: (1) Review all development permits to assure that the permit requirements of this chapter have been satisfied (2) Advise permittee that additional federal or state permits maybe required, and if specific federal or state permits are lmown, require that copies of the permits be provided and maintained on file with the development permit. ORD N0.02-11 (3) Notify adj acent communities and the State Departrr~ent of Community Affairs, 1571 Executive Center Circle East, Tallahassee, Florida, 32301, prior to any alteration or relocation of a water course, and submit evidence of the notification to the Federal Insurance Administration. (4) Assure that maintenance is provided within the altered or relocated portion of the water course so that the flood carrying capacity is not diminished (5) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (as defined in Appendix "A" to these LDRs) (including basement) of all new or substantially improved structures. (6) Verify and record the actual elevation (in relation to mean sea level) to which the new or substantially improved structures have been flood proofed (7) When flood proofing is utilized for a particular structure, the Chief Pudding Official, as administrator, shall obtain certification from a registered professional engineer or architect. (8) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Chief Pudding Official, as administrator, shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this chapter. (9) When base flood elevation data has not been provided then the Chief Pudding Official, as administrator, shall obtairy review and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer the provisions of this Section (10) All records pertaining to the provisions of this chapter shall be maintained in the office of the Chief Pudding Official and shall be open for public inspection (11) In coastal high hazard areas certification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash (12) In coastal high hazard areas the Chief Pudding Official shall review plans for the adequacy of breakaway walls. (13) Any applicant to whom a variance is granted shall be given written notice specifying the difference between the base flood elevation and the elevation to which the structure is to be built and stating that the cost of flood insurance will be commensurate with the increased risk ORD N0.02-11 resulting from the reduced lowest floor elevation (as defined in Appendix "A" to these LDRs). (14) The Chief Pudding Official shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 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 The Clerk shall provide a copy of the adopted ordinance to the Florida Pudding Commission within thirty (30) days of passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 20 ATTEST City Clerk First Reading Second Reading MAYOR ORD N0.02-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: DECEMBER 20, 2010 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.5.3, FLOOD DAMAGE CONTROL DISTRICTS, TO COMPORT WITH STATE REQUIREMENTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to Land Development Regulations (LDRs) that amends provisions in the Flood Damage Control Districts. 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 Recent changes made in the Florida Building Code (FBC) relating to Flood Control must be reflected in local governmental codes. This amendment provides the necessary updates to ensure consistency between our Land Development Regulations and the FBC. Following are highlights of the proposed amendment: 1. The lowest floor elevation must be raised twelve inches (12") above the Base Flood Elevation (BFE) for all new construction and substantial improvements in the special flood hazard areas for residential and commercial structures, mechanical equipment, utility areas, or any enclosed area including basements and attached garages, or must otherwise be provided with flood proofing per FEMA standards. 2. Current general language is to be replaced that specifically requires all mechanical, electrical and plumbing equipment to be located at or above the BFE. Features listed include all heaters, air conditioners, compressors, fans, hot water heaters, laundry facilities, plumbing fixtures, etc. 3. Openings are to be required where enclosed space occurs below the BFE to allow for automatic entry and exit of flood waters. FEMA requires a minimum of two (2) openings having a total new area not less than one (1) square inch per one (1) square foot of enclosed area. All such openings must be one (1) foot above adjacent grade. 4. Louvers, screens or other opening covers shall not block or impede the automatic flow of floodwaters into and out of the enclosed areas. 5. Doors by themselves do not meet the flood venting requirements, but openings that satisfy items 3 and 4 above may be installed in doors. Planning and Zoning Board Meeting, December 20, 2010 LDR Amendment -Flood Damage Control Districts 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/or Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: 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. This objective is supported as new regulations will ensure that development and redevelopment is appropriate in terms of topographic and other physical considerations, by requiring minimum elevations for specified features along with openings to allow for the flow of floodwaters. Objective A-5 The City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices. Policy A-5.2 The City shall continue to enforce its Flood Damage Protection Ordinance. Both Objective A-5 and Policy A-5.2 are supported by the proposed regulations. The objective requires that the LDRs be regularly reviewed and regularly updated, and the policy requires the city to enforce its Flood Damage Protection Ordinance. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, 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) 2 Planning and Zoning Board Meeting, December 20, 2010 LDR Amendment -Flood Damage Control Districts C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.5.3, Flood Damage Control Districts, 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 4.5.3, Flood Damage Control Districts, 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: ^ Draft LDR Text Amendment 3