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02-15-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, February 15, 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 1. ROLL CALL. 2. INVOCATION. 3. PLEDGE OF ALLEGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: A. January 11, 2011 -Workshop Meering B. January 25, 2011 -Annual Citizen's Roundtable Meering C. February 1, 2011 -Regular Meering 6. PROCLAMATIONS: A. Arbor Day -February 22, 2011 7. PRESENTATIONS: A. South Florida Water Management District - Drj=Season Presentation (ADDENDUM) 8. CONSENT AGENDA: Citj=Manager Recommends Approval. A. FINAL SUBDIVISION PLAT APPROVAL/SWINTON ACRES: Approve the final plat fora 0.62 acre, two (2) lot subdivision known as Swinton Acres. B. RESOLUTION NO. 08-11: ABANDONMENT OF A UTILITY EASEMENT; SHULER'S MEMORIAL CHAPEL: Approve Resolurion No. 08-11 abandoning a 10' x 150' utilitj= easement located on Shiner's Memorial Chapel property= at 606 West Atlanric Avenue. C. ACCEPTANCE OF A RIGHT-OF-WAY DEED /362 N.E. 3RD AVENUE: Approve and accept aright-of-wad= deed for dedicarion of 2' of alley= right-of-wad= and 5' of road right-of-wad= associated with renovation for a public parking lot at 362 N.E. 3rd Avenue. D. QUEST FOR SIDEWALK DEFERRALS/SEASAGE DRIVE AND TAMARIND ROAD: Approve a request to defer the installarion of sidewalks along Seasage Drive and Tamarind Road for the Ferrara Residence located at the northeast corner of Seasage Drive and Tamarind Road. E. QUEST FOR SIDEWALK DEFERRAL/1018 POINSETTIA DRIVE: Approve a request to defer the installarion of a sidewalk along Poinsettia Drive for the Fonfara Residence located at 1018 Poinsettia Drive. 02/15/2011 -2- F. AGREEMENT EXTENSION/DR. JOHN FLETEMEYER/SEA TURTLE MONITORING SERVICES: Approve an agreement extension for one ~=ear with Dr. John Fleteme~=er in the amount of $38,750.00 for sea turtle monitoring services. Funding is available from 332-4164-572-34.90 (Beach Restorarion Fund: Other Contractual Services). G. DISASTER RECOVERY INITIATIVE (DRI) /HOUSING REHABILITATION CONTRACT AWARD: Approve one (1) Housing Rehabilitarion contract award for the project located at 808 S.W. 11th Terrace to Ray Graeve and Sons Construcrion, Inc., the lowest responsive bidder, in the amount of X33,723.21 for housing rehabilitation under the Disaster Recovery Initiative (DRI) Program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitation). H. CHANGE WORKSHOP MEETING DATE IN MARCH: Approval to reschedule the Workshop Meeting from March 10, 2011 to March 8, 2011. I. RESOLUTION NO. 05-11: Approve Resolurion No. 05-1lamending Resolutions No. 55-09 and No. 58-09, which established the responsibilities of the Financial Review Board and its member requirements, to clarify= that the board's dunes shall fall under the direcrion of the City= Manager or City= Commission and restrict the membership of the board. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made b~= the Land Development Boards for the period January 31, 2011 through February 11, 2011. K. AWARD OF BIDS AND CONTRACTS: Contract award to Chaz Equipment in the amount of $24,000.00 for the emergency= repair of a 10" Force Main on Lowson Boulevard just west of Congress Avenue at the Abbey= Delra~= entrance. Funding is available from 442- 5178-536-63.51 (W & S Renewal & Replacement Fund: Improvements Other/Sewer Mains). 2. Contract award to multiple vendors in the amount of X115,159.59 for emergency= repair of the 36" Raw Water Main at the intersection of S.W. 10`h Street and 15`h Avenue. Funding is available from 442-5178-536.63.50 (W & S Renewal & Replacement Fund: Improvements Other/Water Mains). 3. Contract award to Associated Consulting Professionals for lead based paint tesring and/or risk assessments as needed for houses built prior to 1978 participaring in the City='s housing rehabilitation program. Funding is available from 118-1960-554-49.19 (Neighborhood Services/Other Current Charges/Housing Rehabilitarion) and 118-1963-554-49.19(Neighborhood Services/Other Current Charges/Housing Rehabilitation). 02/15/2011 -3- 9. REGULAR AGENDA: A. WAIVER REQUESTS/BRIGHT HORIZONS d/b/a 32 EAST: Consider two (2) waiver requests to Land Development Regulations (LDR) Sections 4.4.13(F)(4), "Front Setbacks", and 4.4.13(F)(8), "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 REQUEST/ADVANCE AUTO PARTS: Consider a waiver request to Land Development Regulations (LDR) Section 4.6.7 (E) (7), "Design Standards Matrix", governing signs for Advance Auto Parts at 3003 South Federal Highway=. (Quasi- Judicial Hearing) C. CONDITIONAL USE REQUEST/UNITED PARKING SYSTEMS, INC.: Consider a Conditional Use request to allow United Parking S~=stems, Inc. to manage and operate the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and S.E. 3rd Avenue as a commercial "for pad=" parking lot with utilization b~= both bank customers and pad=ing patrons. (Quasi Judicial Hearing) D. QUEST FOR VALET QUEUE /PINEAPPLE GROOVE: Consider a request from Pineapple Groove, located at 19 NE 3rd Avenue, to establish a parking valet queue in the Railroad Parking Lot. E. GRANT APPLICATION/FLORIDA COMMUNITIES TRUST (FCT~ Consider authorizing submission of a grant application to Florida Communities Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and Skate Park between S.E. 5th Avenue and S.E. 6th Avenue (US1 Corridor) with matching funds to be included in the FY 2012 Capital Improvement Plan. F. CONSULTING SERVICE AUTHORIZATION 06-10.2/CURRIE SOWARDS AGUILA ARCHITECTS: Consider approval of Consulting Service Authorization No. 06-10.2 with Currie Sowards Aguila Architects in the amount of $27,000.00 for Phase II construction drawings for the Pompe~= Park Concession Building. Funding is available from 334-4127-572-62.10 (General Construction Fund: Buildings). G. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD: Appoint one (1) Citizen-at-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending July 31, 2011. Based upon the rotation s~=stem, the appointment will be made b~=Commissioner Fetzer (Seat #2). H. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to serve an unexpired term ending January 14, 2012. Based upon the rotation s~=stem, the appointment will be made b~=Commissioner Grad= (Seat #4). 02/15/2011 -4- 10. PUBLIC HEARINGS: A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARING Privately= iniriated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Condirional Uses and Structures Allowed", to add "Escorted Segwa~= Tours" as a condirional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ), "Segwa~= Tours and Segwa~= Sales", to provide for specific requirements for the establishment and operation of such uses. If passed, a second public hearing will be held on March 1, 2011. (Staffhas requested the item be postponed until the March 15, 2011 City Commission Meeting] 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. Citj=Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 03-11: Privately= iniriated rezoning from Agricultural (A) District to Professional and Office District (POD) fora 2.09 acre vacant parcel of land located on the north side of West Atlanric Avenue, west of High Point Boulevard and the Delray Garden Center. If passed, a public hearing will be held on March 1, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. Citj=Manager B. Citj= Attorney= C. Citj=Commission POSTED: FEBRUARY 11, 2011 02/15/2011 -5- ~. y CITY COMMISSION CITY OF DELRAY BEACH, FLORIDA REGULAR MEETING -TUESDAY, FEBRUARY 15, 2011 6:00 P.M. -COMMISSION CHAMBERS AGENDA ADDENDUM THE AGENDA IS AMENDED BY ADDING THE FOLLOWING ITEM: PRESENTATIONS: A. South Florida Water Management District -Dry Season Presentation (ADDENDUM) ********************************************************************************************** Please be advised that if a person decides to appeal and= decision made b~= the Citj= Commission with respect to and= matter considered at this meering, such person will need to ensure that a verbatim record includes the testimony= and evidence upon which the appeal is based. The Citj= neither provides nor prepares such record. WORKSHOP MEETING JANUARY 11, 2011 A Workshop Meeting of the City Commission of the City of Delray Peach, Florida, was called to order by Mayor Nelson S. McDuffie in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, January 11, 2011. Roll call shod: Present - Commissioner Gary P. Eliopoulos Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - Commissioner Fred P. Fetzer Also present were - David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk Mayor Nelson S. McDuffie called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. CHAMBER OF COMMERCE GRANT REQUEST Mr. Francisco Perez-Azua introduced this item and stated since the last Commission meeting, they clarified the marketing efforts by dividing it into two: PusinessDelray.org and Destination Delray. These are the responses to the promotion and marketing of the PusinessDelray .org website and they will discuss Destination Delray at the next workshop. The goals and objectives are different for the two. It is taking more time for the tourism effort as they are trying to coordinate this with the Downtown Marketing Cooperative (DMC), Downtown Development Authority (DDA) and the Qzamber of Commerce. This will be in place by next month He addressed the questions from the Commission regarding the detailed revenue and expel-~se budget and funding sources. He highlighted advertising costs, the chamber's contribution which was to build the site. He stated expel-~ses are divided into several areas such as website development and maintenance. The goals and objectives are to promote Delray Peach as a viable location to establish a business, to improve awareness and utilization of the economic development programs and tools that we currently have and improve the performance of our economic development efforts. Mr. Perez-Azua discussed the specific objectives and perfornance measures. He gave an overview of the questions as posed by the Commission at the November 9, 2010 workshop meeting. He discussed benefits of the grant and the "needs" statement. Mr. Frankel stated this could be money well spent but asked why this is needed He asked staff if the $30,000.00 is available in the budget. Mr. David T. Harden, City Manager, discussed funding options. Mr. Fetzer has stated via email that he supports funding the grant request either through Option # 2 or # 3. Mrs. Gray inquired about economic development costs. She stated Commission has turned down other grant requests this year so she is concerned about granting this request. Mts. Gray asked if the Community Redevelopment Agency (CRA) will help with this program. Mr. Eliopoulos asked if there is more financial support for this. He asked if this is a onetime grant. He feels the website is the way to go, that we have to keep Downtown successful and supports Option # 2. Mts. Gray asked what has actually been spent regarding economic development. She stated she is not in support of this grant at this time. Mayor McDuffie stated Delray Peach is a 12 month/per year successful city. He stated we need a better mix. He likes what has been done to restructure the grant request. Mayor McDuffie stated he does not want to duplicate efforts but is willing to take a look at this. Mr. Eliopoulos concurs with Mrs. Gras concerns regarding duplication He stated this will market the entire city. Mr. Frankel stated he supports Option # 2. Mr. Harden stated an item will be placed on the January 18, 2011 Commission meeting agenda 2. CHAMBER OF COMMERCE RELOCATION Mr. Harden presented this item and stated in his personal opinion if the CRA will fund the build out of space for moving the Qzamber of Commerce, then we should accelerate the relocation. Mr. Eliopoulos disclosed that he is one of the architects on the library site development and briefly discussed his contract with the developer. He stated he agrees with the city manager and thinks this is a win win situation He supports this. Mr. Frankel stated he agrees with Mr. E liopoulos and a newly relocated Q-iamber will go a long way. Mayor McDuffie stated the facility needs to look professional if you want the city to look professional. He stated he has a goal to drive business on Pineapple Grove. Mayor McDuffie stated he supports relocating the chamber and this is a great move. Ms. Diane Colonna, Executive Director of the CRA, stated this is quite a risk and discussed what the developer and the CRA will have to do to be compensated for the space. She wants to make sure everyone understands this. Mts. Gray stated she is not willing to take the risk and asked if other office spaces are available. Mayor McDuffie stated the Q~amber of Commerce needs to be in the downtown area Mrs. Gray reiterated that the downtown begins at I-95 now Mayor McDuffie stated the Commission is interested in this but needs to exercise caution and look at the risks. Mr. Prian Cheslack thanked the Commission for reviewing both of their proposals today. Mr. Harden discussed the Q~amber's legal right to remain where they are. He stated the garage location would be a better option than Federal Highway. Mayor McDuffie asked staff to make sure we have good contracts with the developer. January ll, 2011 3. ANNUAL CITIZEN S ROUNDTABLE DISCUSSION FORMAT Mr. Douglas Smith, Assistant City Manager, stated staff has started preparing for the Annual Citizen's Roundtable and Ms. Tracy NTiller will be available to facilitate the meeting again this year. Ms. Miller discussed the process and asked Commission what information they wanted from the citizens to help form their decision making process for next year. Mayor McDuffie stated he wants to know what services are important to the citizens and reiterated the challenges that lay ahead Mr. Eliopoulos stated he does not want to overload persons in attendance with so many things and most people want to tallc about what affects them. He stated he would like to get into the citizens' perspective and does not want to have the same questions posed every year. Mts. Gray asked if our citizens feel safe and would like to know what they really need in their communities. Ms. Miller stated this model suggests that you ask questions that provoke thought. Mr. Smith stated we will have the infrastructure question sheets like last year. Mr. Eliopoulos stated he likes the polling mechanism and that the entire meeting will be held in the Old School Square Gymnasium. Mr. Frankel stated he is pessimistic when it corner to these kinds of things and does not get much out of this. He stated he gets more out of speaking directly to people. Mr. Frankel stated he does not like our website; it needs to be updated Mr. Eliopoulos stated in most cases if you want a big turnout, you need a big issue. Discussion continued between staff and Commission. Commission supported the entire meeting being held in the gym, having in the facilitator and utilizing the polling mechanisms. 4. DISCUSSION REGARDING A DRAFT RESOLUTION MODIFYING THE FINANCIAL REVIEW BOARD Mr. Harden stated there have been a couple of occasions where Commission discussed the Financial Review Soard and there have been concerns. This is a draft resolution that attempts to address the issues and asked Commission for direction Mr. Eliopoulos stated this is good and we needed to do this. He stated his concerns was that the board was sending information to employees without anyone being aware and there has to be clear defined rules of how they are supposed to conduct themselves regarding communication, etc. Ms. Gray, Mr. Frankel and Mayor McDuffie are all fine with the resolution. Mr. Harden stated the resolution will be on next week's agenda 5. DISCUSSION REGARDING A PROPOSED ORDINANCE LIMITING THE USE OF SEGWAYS Mr. Brian Shutt, City Attorney, stated this is a rough draft of an ordinance concerning the use of segways in the city and is based on the City of Sarubel's ordinance. The proposed ordinance suggests banning individual segway use in certain areas and allows touts to take place in certain areas. It also contains provisions for tour operators and allows for permitting in the event of a disability. January ll, 2011 Mts. Gray asked should West Atlantic Avenue to I-95 be included as well. Mr. 1VTichael Listick stated he has not seen the draft ordinance and would like clarification regarding segway use on A 1-A. Mr. Harden stated there would be two (2) separate ordinances: land use ordinance and operational ordinance. Mrs. Gray asked about bicycle lanes on A 1-A. She stated she has been on segway touts and is concerned about safety and commented about sidewallcs on the west side. Mr. Eliopoulos stated he is concerned about safety and would like to see more defined options from staff. Mr. Shutt stated the Police Departinent's use of segways will not be affected Mr. Frankel state he feels this contnbutes to pedestrians not being safe and it is a safety concern. Mayor McDuffie stated the issue is safety and he would like staff to look at both ordinances and get feedback from the Police Deparhment. Discussion continued between staff and the Commission. Mts. Gray stated we need to have segways in the right place. Consensus of Commission to take a look at the city, tallc to owners and find out what to do regarding segways. 6. STATE LEGISLATIVE PRIORITIES FOR 2011 Mr. Smith stated this is an update to what was provided in November. The Florida League of Cities set their legislative priorities as well as other groups. Staff has updated a list of recommended priorities and this is being presented to Commission for anything they would like to recommend or remove. Our basic categories are tax refotn-y finance and other issues which include pension plans, public safety issues transportation and plarn~ing related and environmental issues. He highlighted key legislative dates and asked for Commission direction. Mr. Eliopoulos stated he wants us to push for that downtown pedestrian transportation switch over. This will be important in the future. In addition, he asked about the drug clinics and laws pertaining to that issue. Mr. Smith stated he has worked with the Police Department on this issue and the key issue is having the prescription drug monitoring system fully funded by the state. Mayor McDuffie stated he would like to see something about sober houses placed back in as a legislative priority. Mr. Smith stated once this is finalized it will be placed in a summary format. Commission agreed to forward any changes or updates to Mr. Smith. Mayor McDuffie adj oumed the Workshop Meeting at 8:07 p.m. City Clerk January ll, 2011 ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the NTinutes of the Workshop Meeting of the City Commission held on Tuesday, January 11, 2011, which Minutes were formally approved and adopted by the City Commission on Feb 15, 2011. City Clerk NOTE TO READER: If the NTinutes you have received are not completed as indicated above, this means they are not the official NTinutes of the City Commission. They will become the official Minutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. January ll, 2011 ANNUAL CITIZEN S ROUNDTABLE JANUARY 25, 2011 The Annual Citizen's Roundtable Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Gymnasium at Old School Square at 6:30 p.m., on Tuesday, January 25, 2011. Roll call showed Present - Commissioner Gary Eliopoulos Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Also present were - David T. Hardery City Manager PrianShutt, City Attorney Chevelle D. Nubin, City Qerk Mayor McDuffie called the meeting to order and welcomed the public. He gave a brief overview regarding the meeting speakers and format. In additiory he shared some thoughts regarding the importance of the public's participation ROUNDTABLE AGENDA 1. Land Use Issues and Trends - Comprehensive Plan Report -John Miller, Q-iairperson John NTiller, Q-iairperson of the Plarn~ing and Zoning Poarc~ introduced and recognized the Plarn~ing and Zoning Board members that were present. He highlighted the City`s successes over the past year and the Board's Annual Report; and stated the Plarn~ing and Zoning Board's main focus is to guide the physical development of the city in a manner that will preserve its unique quality of life for present and future residents. The Comprehensive Plan serves as the City`s long range plarn~ing document which contains policy guidelines for the control of growth and quality of life in the city. He stated the plan was created through the collective input of the residents and contains the communities' priorities. The Soard reviews proposals for new developments to insure that they are consistent with the City`s goals and objectives; and also reviews updates to the Comprehensive Plan to make sure that it is keeping pace with the changes in the City. The City processed one Comprehensive Plan amendment in 2010 which was adopted by the City Commission in December 2010. The Notice of Intent to find that the Comprehensive Plan is in compliance is anticipated from the Department of Community Affairs (DCA) for February 2011. The Comprehensive Plan Amendment includes aCity-initiated text amendment and two privately initiated Future Land Use Map Amendments. JANUARY 25, 2011 Mr. Miller stated the City-initiated amendment is the annexation for the Marketplace of Delray which is an existing shopping center at the Northwest corner of West Atlantic Avenue and Military Trail. This properly was subject to a voluntary annexation clause and a water service agreement executed in 2002. The 30.26 acre shopping center contains a quarter of a million square feet of leasable building area with a number of major tenants including Office Depot, Ross, Dollar Tree, and Winn Dixie. As a result of this annexation, the properly will receive faster police, fire, and emergency medical response times and the City will receive approximately $145,000.00 per year in additional property tax revenue. Mr. Miller stated the two privately initiated amendments were for properties along the Linton Poulevard comdor. First, Lintco development changed the Future Land Use Map designation from MD (Medium Density Residential) to GC (General Commercial) and the properties are located at the Northv`est corner of Southv`est 4~ Avenue and Linton Poulevard across from the old Costco site which is now PetSmart and Sports Authority. The second privately initiated Future Land Use Map Amendment known as Waterford changed the designation from TRN (Transitional to GC (General Commercial); properties located adjacent to I-95 behind Home Depot. Both of these amendments will allow for future construction of the general commercial or mixed use element. Mr. Miller stated this has been a dynamic and exciting year for the City and significant progress has been made towards achieving the goals and objectives outlined in the Comprehensive Plan. He gave an overview of the projects that ~re accomplished in 2010 and briefly reviewed those projects planned for 2011. 2. Community Redevelopment Agency Status Report -Howard Lewis, CRA Q-iairperson Howard Lewis, Q~airperson of the Community Redevelopment Aency (CRA) Poarc~ thanked the public for being present and stated 2010 marked the 25 anniversary for the Delray Peach CRA. In additiory Mr. Lewis recognized the members of the CRA Soarc>, the CRA staff, and the City Commission. The CRA presented a video reflecting the changes in Delray Peach since 1985, the major accomplishments of the Community Redevelopment Agencyfor 2010, and the goals (projects) for 2011. 3. State of the Cit~eport -David T. Harden, Cite Manager David T. Hardery City Manager, briefly reviewed the vision for Delray Peach for our future and gave a summary report of the progress made in 2010, as well as for 2011, and outlined the continuing financial challenges we face in 2012. He stated citizens and the City Commission have developed a vision for our future which focuses on the efforts of city government. Delray Peach is to be a charming village by the sea, with a world class beady a vrbrant downtown and diverse local economy, a community of quality neighborhoods and schools, recreational and cultural opporhmities abound, people embrace cultural diversity, and the city government provides exceptional city services. Last year the City Commission set goals for 2015 and targets for 2010-2011 with increased emphasis on the quality of services and neighborhoods. Priorities shift annuallybut our goals remain the same. JANUARY 25, 2011 The City Manager stated the City`s goals for this year are: (1) top quality services, (2) an expanded downtowry (3) an expanded and diversified local economy, (4) quality neighborhoods, (5) community unity, and (6) quality educational opportunities. The City Manager stated the 2010 citizen survey rated the City`s quality of service "excellent" or "good" by 81% of the survey participants which compares to 69% in 2007. He stated despite the wage freeze and cuts in pension benefits, the employees continue to provide extraordinary service. He continued to present the efforts, projects and accomplishments specific to each goal in detail while simultaneously outlining the results of the National Citizens' Survey in relation to each goal. The City Manager infomled the public that a significant step in economic development was made with the creation of a full-time Economic Development Director funded by the City and the CRA. The City Manager stated Atlantic High School remains one of the top 100 high schools in the United States primarily because of the International Baccalaureate (IP) Program. He gave information regarding financial challenges for 2012 and encouraged everyone to read the Annual Report. The City Manager stated as we continue to strive for the vision set for our City, ~ again face a huge challenge in the foml of a large drop in 2012 tax revenues. Our 2012 budget must be anchored in the new nornial of diminished resources and limited prospects for future growth. Annual Citizen's Roundtable & Infrastructure Public Hearin The Annual Citizens Roundtable was held in the Old School Square Gymnasium. The participants ~re presented with three (3) questions regarding the city: What is going on in the City that affects you most as a citizen of Delray Peach? What City services are most important to preserving a high quality of life in Delray Peach? What services could we sacrifice if we could no longer pay for all services provided by the City? The responses are attached hereto and made an official part of the record In additiory participants were presented with sheets asking for city infrastructure feedback Mayor McDuffie adjourned the Roundtable at 8:30 p.m. City Clerk ATTEST: MAYOR JANUARY 25, 2011 The undersigned is the City Qerk of the City of Delray Seach, Florida, and the information provided herein is the Minutes of the Annual Citizen's Roundtable Meeting of the City Commission held on Tuesday, January 25, 2011, which Minutes were fom-ially approved and adopted by the City Commission on Feb 15, 2011. City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission They will become the official NTinutes only after review and approval, which may involve amendments, additions or deletions to the NTinutes as set forth above. JANUARY 25, 2011 COMMUNITY CONVERSATION COMMENTS 1. What is going on in the City that affects you most as a citizen of Delray Beach? • Parking Problem -Downtown -should make sure the underutilized space is • City Pensions • Love the cultural diversity and night life as well as the affordability of the restaurants • Need for enthusiasm and energy: citizens for citizens • Do what is right for the beach how to protect it and its future 2. What City services are most important to preserving a high quality of life in Delray Beach? • Safety/Police and Fire Services (ranked first) • Public Works -streets/roads and water (ranked second) • Opportunities for Youth (ranked third) • Arts, Culture and Events (ranked fourth) • Libraries (ranked fifth) • Volunteers (ranked sixth) • More enhanced green space (not necessarily parks) • Urban Gardening 3. What services could we sacrifice if we could no longer pay for all services provided by the City? • Zumba classes • Do not eliminate any services; raise taxes • Increase number of paid parking spaces downtown • Potential reduction in service levels for some areas -not Police or Fire; reduce redundancy in service levels • Too many city vehicles for staff -has seen Fire Truck at the grocery store • Manage fuel costs better; effectively use city vehicles January 25, 2011 Annual Citizen's Roundtable 1 FEBRUARY 1, 2011 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, February 1, 2011. 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 Reverend Nancy McCarthy, Delray Beach resident and Priest Associate at St. Gregory's Episcopal Church in Boca Raton. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mrs. Gray moved to approve the Agenda, 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. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of January 18, 2011, 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. 02/01/11 6. PROCLAMATIONS: 6.A. Recognizing 2-1-1 Awareness Week - February 11 - 17, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming the week of February 11, 2011-February 17, 2011 as 2-1-1 Awareness Week Ms. Patrice Schroeder came forward to accept the proclamation and gave a few brief comments. 6.B. Recognizing Delray Beach American Little League for 40 Years of Service Mayor McDuffie read and presented a proclamation hereby recognizing and commending Delray Beach American Little League for 40 years of Service to the youth of Delray Beach. Eddie Odom, Jr. and Yvonne Odom came forward to accept the proclamation and Yvonne Odom thanked the City of Delray Beach and complimented Pompey Park and stated that Commissioner Gray was the first female to play Little League baseball. Commissioner Gray thanked Mrs. Odom and the Delray Beach American Little League and stated she was indeed the first female to play Little League baseball. 7. PRESENTATIONS: 7.A. Site Plan Review and Appearance Board (SPRAB) Awards Shane Ames, Chairman of the Site Plan Review and Appearance Board (SPRAB), recognized the following Site Plan Review and Appearance Board (SPRAB) members: Svetlana Simon (Vice Chair), George Brewer (Second Vice Chair), Roger DeCapito (Landscape Contractor), Rustem Kupi (Architect), Scott Porten (Developer), Nick Sadowsky (Portfolio Manager). At this point, Svetlana Simon, Vice Chair for SPRAB, presented awards to the following 2010 award recipients: Public Facility -New West Atlantic Public Plaza Owner, Delray Beach Community Redevelopment Agency Architect/Landscaper, Currie Sowards Aguila Architects 2 02/01/11 Residential -Exterior Renovations Tropic Bay Condominiums Property Owner, Tropic Bay Condo Association Property Manager, Campbell Property Management CBD -Exterior Renovations The Office Restaurant Restaurant Owner, Oven 201 East Atlantic, LLC Property Owner, Leviathan Land Group, Inc. Architect, Richard Jones Architecture Commerical -New Midtown Medical Building Owner, Midtown Medical, LLC Architect, Saltz Michelson Architects Landscaper, Urban Design Kilday Studios Mixed-Use -New Worthin P'~ lace Owner, Granite Worthing LLC Architects, Cohen Freedman Encinosa & Associates Architects, PA Landscaper, A. Grant Thornbrough and Associates Commercial -Exterior Renovations Wal-Mart Sho~pin Pg laza Owner, Wal-Mart Stores East, LP Architect/Landscaper, Kimley-Horn and Associates, Inc. 3 02/01/11 Recreational Facility -New Del-Aire Country Club Clubhouse Owner, Del-Aire Golf Club Inc. Landscaper, Covelli Design Associates, Inc. Architect, Currie Sowards Aguila Architects 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL AGREEMENT/418 N.W. 1~ STREET: Approve a request to defer the installation of a sidewalk along N.W. 14th Street for the property located at 418 N.W. 14th Street. 8.B. AGREEMENT/PALM BEACH COUNTY/AUBURN AVENUE PROJECT: Approve an Agreement with Palm Beach County which provides for reimbursing the City $1,000,000.00 for the costs associated with the Auburn Avenue project. 8.C. SERVICE AUTHORIZATION NO. 07-17/MATHEWS CONSULTING, INC./AREA 12A RECLAIMED WATER SYSTEM: Approve Service Authorization No. 07-17 to Mathews Consulting, Inc. in the amount of $179,963.00 for professional engineering services in the design of the Area 12A Reclaimed Water System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). 8.D. LANDSCAPE MAINTENANCE AGREEMENT/CROSSWINDS SINGLE FAMILY HOME ASSOCIATION: Approve a Landscape Maintenance Agreement with Crosswinds Single Family Home Association to install eight (8) beds of annuals within the City right-of--way in front of the intersections of Homewood Boulevard and Azalea Court, Begonia Court, Carnation Court and Dracaena Court. 8.E. LANDSCAPE MAINTENANCE AGREEMENT/909 SOUTH OCEAN BOULEVARD: Approve a Landscape Maintenance Agreement with Robert A. Beck II for the installation of new shrubs within the City right-of--way in front of 909 South Ocean Boulevard. 8.F. AMENDMENT NO. 4 TO THE SUB-RECIPIENT HOUSING PARTNERSHIP AGREEMENT/DELRAY BEACH COMMUNITY LAND TRUST, INC.: Approve Amendment No. 4 to the Sub-Recipient Housing Partnership Agreement between the City and the Delray Beach Community Land Trust, Inc. for the purposes of subsidizing the costs associated with affordable housing units within the Community Land Trust. 4 02/01/11 8.G. ELITE PROTECTION SERVICES AGREEMENT: Approve renewal of the agreement with Elite Protection Services to provide Advanced Life Support (ALS) Services, on a First Responder basis for Delaire Country Club. 8.H. RESOLUTION NO. 07-11: Approve Resolution 07-11 assessing cost for abatement action required to remove nuisances on three (3) properties throughout the City. The caption of Resolution No. 07-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. (The official copy of Resolution No. 07-11 is on file in the City Clerk's office.) 8_I. FY 2011 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2011 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. 8.J. SERVICE AUTHORIZATION NO. 17/SPATIAL FOCUS, INC.: Approve Service Authorization No. 17 with Spatial Focus, Inc. in the amount of $9,950.00 for technical assistance related to the SunGard Public Safety software project. Funding is available from 334-2111-521-31.90 (General Construction Fund: Professional Services/other Professional Services). 8.K SPECIAL EVENT REQUEST/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 May 28 - 29, 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 closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis 5 02/01/11 Center parking lot and to provide staff support for traffic control and security, barricading and fire inspection services; contingent upon receipt of a Certificate of Liability Insurance. 8.L. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period January 17, 2011 through January 28, 2011. 8.M. AWARD OF BIDS AND CONTRACTS: 1. Bid award to A & A Associates in the amount of $35,840.50 for private security services from February 14-28, 2011 for the Champions/World Tour Tennis Tournament. Funding is available from 001-4210-575-55.40 (General Fund: Recreational Supplies/Tennis Tournament). 2. Contract award to Brang Construction, Incorporated, the lowest responsive bidder, in the amount of $325,900.00 for the construction of twenty-three (23) bus shelters utilizing ARRA grant funds. Funding is available from 101-3163-544-65.70 (ARRA Economic Stimulus: Other Improvements/Transit Stop Bus Shelters). 3. Contract award to Dr. Craig B. Kushinir D.O., in the amount of $22,000.00 for the position of Medical Director for the Fire Rescue Department. Funding is available from 001-2315-526-31.90 (General Fund: Professional Services/Other Professional Services). 4. Contract awards to Municipal Lighting in the amount of $44,375.00 for the maintenance and installation of ten (10) decorative street light standards and LED fixtures to replace standards being removed on Atlantic Avenue, due to rust and corrosion. Funding is available from 334-3162-541-46.14 (General Construction Fund: Repair & Maintenance Services/Atlantic Avenue Street Light Replacement). 5. Purchase award to Ferguson Enterprises, Inc. in the amount of $93,335.56 for piping materials to be installed by the City's construction crew for the S.W. 3rd Street and 6th Avenue Water Main Upgrade. Funding is available from 442-5178-536- 68.62 (Water and Sewer Renewal & Replacement Fund: Improvements Other/S.W. 3rd Street & 6th Avenue WM Upgrade). 6. Purchase award to Zoll Medical Corporation in the amount of $61,645.00 to purchase four (4) Zoll Medical Auto Pulses for the remaining ALS transport units. Funding is available from 334- 2311-522-64.90 (General Construction Fund: Machinery/Equipment/Other Machinery/Equipment). 6 02/01/11 7. Purchase award to CDW Government in the amount of $64,256.49 for fifteen (15) Panasonic Toughbook computers and related hardware. Funding is available from 334-2311-522-64.11 (General Construction Fund: Machinery/Equipment/Computer Equipment). Mr. Eliopoulos moved to approve the Consent Agenda as amended, 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. 9. REGULAR AGENDA: 9.A. WAIVER REQUESTS/362 N.E. 3rd AVENUE: Consider approval of two (2) requested waivers to Land Development Regulations (LDR) Section 4.6.9 (D)(3)(b), "Point of Access to the Street System", to allow 20' in width where 24' minimum width is required and to (LDR) Section 4.6.16(H)(3)(d), "New Multiple Family, Commercial, and Industrial Development", to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties for a proposed public parking lot at 362 N.E. 3rd Avenue. (Quasi-Judicial Hearing) 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. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-007 into the record. Mr. Dorling stated this item is for two waiver requests for a proposed public parking lot at 362 N.E. 3rd Avenue. Mr. Dorling stated the waivers are to allow 20 feet where a 24 foot pavement width is required and to allow landscape buffers in several areas to approximately two feet. He stated this is an existing parking lot that is going to be resurfaced and there is existing landscaping in these areas and the intent is to reduce the number of parking spaces which ultimately can be accommodated; staff is asking for the relief to the internal widths. Also, Mr. Dorling stated there are three areas that there are reductions in five foot landscape strips along the alley. There is some additional dedication area that is required and that will physically reduce the dimensions of the landscaped area; however, there is no intent at this time to actually physically change those landscaped areas so those areas will physically be and continue to be the minimum width. However, Mr. Dorling stated technically because of the dedication areas along the alley they would be reduced from 5 feet to 3.8 feet and there is a 5 foot dedication along 3rd Avenue which would reduce the areas to 3 feet rather than 5 feet. Mr. Dorling stated 7 02/01/11 there is a sidewalk area to provide access to the handicapped space which then physically reduces this area to two feet rather than 5 feet. NIr. Dorling stated the required findings are made in the staff report. At its meeting of January 12, 2011, the Site Plan Review and Appearance Board reviewed the two (2) waiver requests in conjunction with the Class V Site Plan approval and recommended approval with a 7 to 0 vote. Jeff Costello, Assistant Director of the Community Redevelopment Agency (CRA), stated he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). NIr. Frankel moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.B. REQUEST FOR AN IN-LIEU OF PARHING SPACE/CAFE DE FRANCE: Consider a request from Cafe De France for the purchase of one (1) in-lieu of parking space in the amount of $15,600.00 to accommodate an expansion of use. Cafe de France is located at 110 East Atlantic Avenue. (Quasi-Judicial Hearing) 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. Scott Aronson, Parking Management Specialist, stated Cafe De France is located at 110 East Atlantic Avenue and submitted a Class III site plan modification for the expansion of the restaurant to a vacated portion of an office within the property adjacent to its location. Mr. Aronson stated the 355 square foot expansion will require one parking space per the LDRs. The restaurant requires six (6) spaces per 1,000 square feet for restaurants and per 300 square feet of office space requires one (1) space. Mr. Aronson stated there is an associated project that is going to be with the facade of the building on S.E. 1st Avenue. They will be providing a patio with some dining and so forth which will be reviewed by SPRAB under a separate application and the Community Improvement Department for the sidewalk cafe license. Mr. Aronson stated LDR Section 4.6.9(E)(3) allows the City Commission to approve a fee in lieu of providing one parking space which the applicant cannot fit on the site. The cost for this space is $15,600.00 and 8 02/01/11 will be paid in full upon issuance of a building permit. Mr. Aronson stated the in lieu parking is consistent with Policy C-4.1 of the land use element which suggests that parking be provided in innovative ways such as that program. At its meeting of December 28, 2010, the Parking Management Advisory Board recommended approval with a 7 to 1 vote (Mr. Gimmy dissenting and Mr. Morse recusing himself). The Community Redevelopment Agency (CRA) and Downtown Development Authority (DDA) recommended approval. Mr. Eliopoulos asked how the people are going to be served and will they be going up and down the steps. The applicant briefly explained why he wants the patio. Mr. Eliopoulos stated it can get dangerous with regard to going up and down the stairs to serve people and encouraged the applicant to place the beverage stations on the ground level of the patio in an effort to minimize the circulation. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for an in-lieu of parking space, to please come forward at this time. There being no one from the public who wished to address the Commission, 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 as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST TO WAIVE FEES FOR STAFF AND USE OF POMPEY PARK FACILITIES FOR ALL PEOPLE'S DAY® DIVERSITY FESTIVAL: Consider a request that the City waive facility rental fees and provide staff support at Pompey Park on March 27, 2011 from 9:00 a.m. - 6:00 p.m. for the All People's Day® Diversity Festival. Linda Karch, Director of Parks and Recreation, stated the background on All People's Day is that this festival is organized for educational and charitable purposes as a community service which is free to the public. Ms. Susan Berkowitz-Schwartz, Founder & Festival Coordinator of All People's Day, is requesting that the fees for use of Pompey Park's facilities and staff support be waived. The festival is scheduled for Sunday, March 27, 2011 from 9:00 a.m. to 6:00 p.m. at Pompey Park. The facility rental fee is $955.00. All People's Day Diversity Festival had their first event last year where over 300 people attended. Staff recognizes the contribution of this organization, but feels that this might set a precedent for other facility rentals. Therefore, Mrs. Karch stated 9 02/01/11 staff cannot support this request. Mrs. Karch stated she received a statement from Ms. Berkowitz-Schwartz who requested to have a statement read into the record along with a video she would like the Commission to see. Mrs. Karch read a statement into the record from Ms. Berkowitz-Schwartz and played a two minute video. Mr. Eliopoulos asked if they paid the fee last year. Mrs. Karch stated they did pay the fee but it was much less. Mr. Eliopoulos stated he would like to see the City be consistent and encourage people to try and raise money for these events. Mr. Fetzer stated he enjoyed the video and feels this organization already contributes a lot to the community. Mr. Fetzer echoed comments expressed by Commissioner Eliopoulos and he cannot support this from a funding standpoint this year. Mrs. Gray stated she attended All People's Day last year and supports diversity. However, Mrs. Gray stated she concurs with her fellow Commissioners that we have to set some type of standard because so many non-profit groups come before the Commission asking for support. Mrs. Gray asked how the City determines which events the City is going to support or not support. The City Manager stated events such as the Garlic Festival or the Asian Festival pay a certain percentage of the cost according to the schedule that the Commission has approved. The City Manager stated they are not using a City facility and the costs that are being waived are really staff costs. Mrs. Gray asked how much staff time would be needed for this event. Mrs. Karch stated this is a Sunday event and it would be the cost of approximately 2-3 staff people. Mrs. Gray stated she does not agree with not charging anything and feels that everyone should pay a little something but maybe the Commission could compromise and do something this year. Mr. Frankel asked if Mrs. Karch has seen any of their books or bank accounts to see if they have the ability to pay. Mr. Frankel asked if the vendors who are selling food, etc. are paying a fee to participate. Mrs. Karch stated she believes everything is free that day. Mayor McDuffie inquired about security for the event. Mayor McDuffie stated if someone has one of these events they need to be fundraising all year because the City is not in a position this year to assist with funding. Mayor McDuffie stated he cannot support free events when the City has lost the Delray Beach Historical Society, told the Chamber of Commerce "no", and we are now asking for money from our employees. Mrs. Gray commented about the request to waive facility fees and staff support and asked if this is City staff. Mrs. Karch stated this is not broken out in the rental agreement; the City will charge for a staff person if the building is closed. Mrs. Karch stated the City charges for the gym, the cafeteria, and the rooms. 10 02/01/11 Mayor McDuffie asked if the $955.00 includes staff as well. Mrs. Karch stated by including staff is how they come up with the rental rates. Mrs. Karch stated she believes the security deposit is included in the $955.00 so some of that money will be refunded. Mr. Frankel stated he would like to see what the books look like, what the purchases look like, and the money that was brought in last year. Mr. Fetzer stated staff needs to look at this every year at budget time and set the fee structure. Mr. Eliopoulos moved to approve the request to waive fees for staff and use of Pompey Park facilities for All People's Day Diversity Festival, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No; Mr. Eliopoulos - No. Said motion was DENIED with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 01-11: Modification to the Gulf Stream 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 Gulf Stream Building n/k/a HHH Bush Building is located on the north side of George Bush Boulevard east of the Intracoastal Waterway at 1177 George Bush Boulevard. The caption of Ordinance No. 01-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE NO. 39-90, THE GULF STREAM BUILDING, BY REPEALING SECTION 1 AND ENACTING A NEW SECTION 1 CHANGING THE ALLOWABLE USES FROM CONDITIONAL USES TO PERMITTED USES AND ADDING A NEW USE OF A RESIDENTIAL CONDOMINIUM TO BE LIMITED TO THE FIFTH FLOOR; AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, SECTION 4.4.25(G), "S.A.D.s," SUBSECTION (6), TO REFERENCE ORDINANCE 01-11; PROVIDING A GENERAL 11 02/01/11 REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 01-11 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this is the Gulf Stream building SAD (Special Activities District) located on George Bush Boulevard east of the Intracoastal Waterway. Mr. Dorling stated this is to allow for an additional option of one residential condominium unit on the fifth floor with a maximum of 4,925 square feet and a maximum of four bedrooms. The current option within the building which would apply to all five floors including the top floor does allow commercial and office uses. Mr. Dorling stated this will just be an additional option to convert the fifth floor to a residential unit. The modification also changes the list of uses that are now currently allowed only as conditional uses and applies a permitted use status to them. The building was originally constructed in 1962 and zoned SAD (Special Activities District) in 1984 and modified in 1990 with respect to the specific uses that are allowed in it. At its meeting of December 20, 2010, the Planning and Zoning Board held a public hearing associated with a request for a modification of the Gulf Stream Building SAD (Special Activities District) and recommended approval with a 6 to 0 vote; at its meeting of January 18, 2011, the City Commission also considered this item and recommended approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 01-11, the public hearing was closed. Mr. Eliopoulos stated whoever is working on this might have to comply with the Fair Housing Act because of the elevator and because it is a condo. However, Mr. Eliopoulos stated this does not apply tonight. Mr. Eliopoulos moved to adopt Ordinance No. 01-11 on Second and FINAL Reading, 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. 10.B. RESOLUTION NO. 04-11/REVISED CONTRACT FOR SALE AND PURCHASE/3740 LANCEWOOD PLACE: Consider approval of Resolution No. 04- 11, arevised contract for sale and purchase, authorizing the City to sell Neighborhood Stabilization Program property located at 3740 Lancewood Place to Lana Ritz for the 12 02/01/11 amount of $200,000.00 and provide a subsidy of up to $40,000.00 secured by a promissory note and second mortgage. office.) The caption of Resolution No. 04-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, 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. 04-11 is on file in the City Clerk's The City Attorney read the caption of the resolution. 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. Lula Butler, Director of Community Improvement, stated this item is to approve the sale of a home under the City's Neighborhood Stabilization Program for 3740 Lancewood Place to Lana Ritz for the purchase price of $200,000.00 and a $40,000.00 secured promissory note in the form of a second mortgage. At its meeting of December 14, 2010, the City Commission approved this at a higher cost of $212,000.00 but the lending bank that has approved the mortgage did a second appraisal and it came in at $200,000.00. Mrs. Butler stated the City's NSP rules did not allow the City to sell it above the appraised value. Staff requests that the Commission approve the sale of this house at $200,000.00 and authorize the City to carry a subsidy in the amount of $40,000.00 secured by a 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. 04-11, the public hearing was closed. Mrs. Gray asked where the $40,000.00 subsidy comes from and how does this work. Mrs. Butler stated it is part of the NSP dollars that the City purchased and the City is allowed to leave a certain amount on as a second mortgage that does not have to be paid back to the City. Mrs. Gray asked if there is a timeframe for the second mortgage. Mrs. Butler stated she believes it is a 20 year second mortgage. 13 02/01/11 Mr. Frankel moved to approve Resolution No. 04-11 on Second and FINAL 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. At this point, the time being 7:11 p.m., the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Evelyn S. Dobson, Executive Director of the Delray Beach Community Land Trust (DBCLT) 145 S.W. 12th Avenue, Delrav Beach, FL 33444, extended a special thanks to Commissioner Gray, Mr. Tom Carney, Vicki Covington, CRA Commissioner and Nigel Roberts, Neighborhood Services Administrator. Ms. Dobson stated this past Saturday the DBCLT held their first fundraiser at Old School Square and they wanted to demonstrate that they could raise some funds to offset program costs. Ms. Dobson stated following the presentation from the consultant at the CRA's meeting last Thursday he stated that the community wanted someplace to go where they could have fun, dance, and enjoy themselves. 11.B.2. Kristen Puhalainen, Member Services Director, Palm Beach County League of Cities, stated this month's meetings will be in Riviera Beach at their marina complex. Ms. Puhalainen stated one of their youth delegates was appointed to serve on a National League of Cities Committee. She stated in January in Jupiter they had the Inspector General, the Executive Director of the Commission on Ethics, and the State Attorney discussing the new ethics rule and what to expect. Ms. Puhalainen urged the City Commission to keep following them on Facebook, Twitter, and their website. 11.B.3. Pauline Moody, 609 S.W. 8th Avenue, Delrav Beach, FL 33444, inquired about the water on the side of S.W. lOt Street and asked if a water main broke. The City Manager stated that is a raw water main coming from the golf course well field and is a polyethylene pipe installed in the 1980's and it has a leaking joint. The City Manager stated the City has issued an emergency purchase order today to have someone put a line stop in on S.W. 7m Street because we can cut it off on the well side but we are getting backflow from the 20 series well field and we have to stop the water from getting to it so that the City can dry it out and repair it. The City Manager stated the line stop will be put in tomorrow and the repair will take approximately a week or so. Secondly, Ms. Moody stated she called the Delray Beach Police Department to report people exposing themselves and using the bathroom at 10:00 a.m. on Sunday at the train station. She suggested that the City start enforcing security in this area. 14 02/01/11 11.B.4. Gladys Whigham, 12299 Pleasant Green Way, Boynton Beach, FL 33437, (speaking on behalf of Palm Beach County Commissioner Priscilla Taylor), commended the City Commission for the great j ob that they are doing with the youth in Delray Beach specifically the Delray Beach Little League. Ms. Whigham announced that Commissioner Taylor will be hosting a Community Forum on Tuesday, February 8, 2011, from 6:00-8:00 p.m. held at the Southeast Administrative Complex on the second floor. 11.B.5. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach), stated Darin Mellinger, John Ramos, and he will carry the cost for facility rental for the All People's Day Diversity Festival. 12. FIRST READINGS: A. None At this point, the time being 7:18 p.m., the Commission moved to Item 11.A., City Manager's response to prior public comments and inquiries. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. At this point, the time being 7:19 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. SPECIAL EVENT REQUEST/VIVA SOUTH FLORIDA: Consider approval of a new event, VIVA South Florida, sponsored by Pegasus Entertainment to be held on September 9-10, 2011 from 12:00 noon to 11:00 p.m., and September 11, 2011 from 12:00 noon to 8:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for use of the City rights-of--way to include N.E. 1st Avenue from Atlantic north to the garage entrance and Swinton from Atlantic to approximately N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, EMS assistance, trash boxes and use of a City generator; contingent upon meeting the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this item is for the Commission to approve a new event called "VIVA South Florida" produced by Pegasus Entertainment proposed to be held on the grounds of Old School Square and Old School Square Park on September 9-10, 2011 from noon to 11:00 p.m., and September 11, 2011 from noon to 8:00 p.m. The Commission is also requested to approve staff support for traffic control and security, EMS services, site cleanup and trash removal, electrician assistance, barricading assistance, event signage, for the use of City rights-of--way to include N.E. 1st Avenue from Atlantic north to the garage entrance and Swinton from 15 02/01/11 Atlantic to approximately N.E. 1st Street. This is a Latin American Festival designed to be a kickoff event for Hispanic Heritage Month. The West Palm Beach Hispanic Chamber of Commerce is supporting this event. The estimated overtime costs is $25,600.00, trash boxes $400.00, signage $250.00 for a total of $26,250.00. The event producer is required to pay 100% of City costs. Staff recommends a change in the site plan to move fencing to Swinton further south so as not to block access to the homeowner just south of DaDa's. Staff recommends approval for the "VIVA South Florida" event subject to the eleven (11) conditions listed on page 2 of the memo with the addition of condition #12 which is the general requirement for Certificate of Event Liability Insurance, Alcohol Liability Insurance, and Hold Harmless Agreement which is required by August 27, 201 L Mr. Barcinski stated this event will be held in September and since this is one of the City's slower month's staff hopes this will bring some economic activity to the downtown. NIr. Frankel expressed concern that this event is right in the middle of hurricane season. Randy Carrillo, CEO Pegasus Entertainment, stated they have liability insurance and weather insurance for that particular time of the season. Mr. Carrillo stated it is at a time when they have the kick-off of the Hispanic Heritage Month that goes through October and they wanted to be the first in front of all the other activities that are going to be taking place in Broward/Dade County as well as Palm Beach County. NIr. Fetzer asked NIr. Carrillo if he is agreeable to all the conditions. Mrs. Gray thanked NIr. Carrillo for selecting the City of Delray Beach to hold this event. She inquired about the facility rental fee. NIr. Barcinski stated they will have to pay Old School Square and have that agreement signed to pay their deposit as well as our part. NIr. Barcinski stated $5,341.20 will be paid to the City for the park rental and the amount they will pay Old School Square is $14,515.00. At this point, NIr. Carrillo stated if approval is considered he would like to thank the City Commission for giving them the opportunity to present their event in Delray Beach. NIr. Carrillo introduced his partner Russ Morley, COO, Sponsorship Director Annette Larsen, and Andre Varona representing the Hispanic Palm Beach County, Inc. Chamber of Commerce. NIr. Fetzer moved to approve the Special Event Request for the "VIVA South Florida" event proposed to be held on September 9-11, 2011 subject to the twelve (12) conditions as outlined by staff, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Eliopoulos -Yes; NIr. Fetzer - Yes; NIr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.E. SPECIAL EVENT REQUEST/ASIAN FOOD FAIR AND CULTURAL SHOW: Consider approval of a special event request to allow the 8th Annual Asian Food Fair and Cultural Show sponsored by the Bangladesh Association of 16 02/01/11 Florida, to be held on March 19-20, 2011 from 12:00 noon until 10:00 p.m. on the grounds of Old School Square and in the Old School Square Park; to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of a portion of N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, standard event signage and assistance with banner hanging; use of the Old School Square Garage, North City Hall Parking lot, City generator if needed and three generator lights; and to waive to the Event Policies and Procedures to allow more than two (2) major events in March; contingent upon meeting the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this item is for Commission to approve the 8m Asian Food Fair and Cultural Show being held in Delray Beach sponsored by the Bangladesh Association of Florida, which is proposed to be held on March 19-20, 2011 on the grounds of Old School Square and in the Old School Square Park from noon to 10:00 p.m. The Commission requested to grant the temporary use permit for the closure and use of and a portion of N.E. 1st Avenue, to authorize staff support for traffic control and security, site cleanup and trash removal, EMS assistance, regular event signage and assistance with banner hanging. The event sponsor also requested per the event permit the use of the CRA lot, Old School Square Garage, County Garage, North City Hall lot, 200 reserved parking spaces in the Old School Garage for vendors, VIP's and sponsors, City generator, four (4) light towers, trash boxes and an event sign on I-95. Mr. Barcinski stated staff is also requesting a waiver to the Event Policies and Procedures to allow the third major event in a month. The site would be fenced and there will be an admission charge of $10.00 for adults and children under 6 years old are free. Mr. Barcinski stated the City will be charging in the garage lot and staff recommends no more than 70 permits versus 200 reserved parking spaces requested by the event sponsor. The estimated staff overtime is $13,100.00, trash boxes $350.00, signage $250.00 and light tower $400.00 for a total of $14,100.00. Per the Event Policies and Procedures, the event producer will be required to pay 75% of overtime and 100% of other costs for an estimated total of $10,825.00. Staff recommends approval of the waiver to allow the third event in a month with the conditions as listed in the memo. NIr. Barcinski stated they will also pay Old School Square a rental fee of $6,975.00 and the park rental fee is $1,240.00. NIr. Frankel moved to approve the Special Event Request to allow the Stn Annual Asian Food Fair and Cultural Show to be held on March 19-20, 2011, subject to the conditions seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: NIr. Eliopoulos -Yes; NIr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 06-11: Consider approval of Resolution No. 06-11 amending Resolution No. 01-11 to allow for cancellation of the special election regarding Commission terms if it is determined that there will not be a contested election for a commission seat. The caption of Resolution No. 06-11 is as follows: 17 02/01/11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION 01-11 IN ORDER TO CLARIFY THAT A SPECIAL ELECTION REGARDING THE CHARTER CHANGE SET FORTH IN ORDINANCE 40-10 SHALL ONLY BE HELD ON MARCH 8, 2011 IF THERE IS A NEED TO HOLD A REGULAR ELECTION FOR A CITY COMMISSION SEAT. office.) (The official copy of Resolution No. 06-11 is on file in the City Clerk's The City Attorney stated Resolution No. 06-11 amends Resolution 01-11 adopted January 4, 2011 calling for the Special Election regarding the Charter Amendment to change the maximum number of terms from three to two and increasing the term for a Commissioner from two years to three years. The City Attorney stated based on the discussion held at the last City Commission meeting this resolution is before the Commission to amend Resolution 01-11 in the event that it is determined that there will not need to be held an election for Commission seat on the March election date and that the Commission would go ahead and contact the Supervisor of Elections office to request removal of the City's proposed ballot language that the City Commission has previously approved. Mr. Frankel asked if there is any provision of when this would be moved to. The City Attorney stated he did not want to repeal Ordinance No. 40-10 and the Commission would have to take some action on that after the Commission approves this tonight. After February 8, 2011, if there is no election, then staff will have to come back before the Commission with Ordinance No. 40-10 and seek direction whether or not the Commission wants to repeal that ordinance or move that ordinance to another election cycle (i.e. March 2012). Mr. Frankel stated the whole purpose to do this is to save money and if there is no election for the Mayor or the Commission seats it seems the opposite of the Commission's goal Mr. Frankel stated he is in favor of it and feels it should be put on a ballot but expressed concern that to hold an election for just one issue knowing that turnout will be a lighter would be irresponsible. Mrs. Gray stated by putting this on the ballot would save money if we move forward and would save an election every other year if it is approved. Mrs. Gray stated last year's election was a 6% turnout and the year before that there was a 12% turnout with three seats open. The City Attorney stated if this is approved and then by February 8, 2011 at noon no one else qualifies and we recognize that we do not need an election, then the next meeting in February or the first meeting in March staff would come back before the Commission seeking direction regarding Ordinance No. 40-10 with alternatives to see what the direction the Commission would like staff to take on that ordinance. 18 02/01/11 Mayor McDuffie stated there is not a 2011 General Election in November so the next chance it could go back on the ballot would be the City Election in March 2012. Mr. Fetzer stated he concurs with comments expressed by Commissioner Frankel and feels this would be irresponsible of the Commission to put this as a single issue on the ballot. Mr. Fetzer stated he is in favor of this resolution. Mr. Eliopoulos stated he supports this resolution. Mayor McDuffie stated he too supports this resolution. Mr. Fetzer moved to approve Resolution No. 06-11, 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. At this point, the time being 7:36 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated he was able to go Monday to hear Senator Haridopolos who discussed unfunded mandates that they might repeal to give cities more flexibility and they also discussed TABOR (Taxpayer's Bill of Rights). The City Manager stated Senator Haridopolos stated as far as he is concerned TABOR for local governments is dead and they are going to try and get something put on the ballot at the State level. The City Manager stated he expressed his concern to Senator Haridopolos that if we had this at the State level the State will just push more things down to us because they are not adequately funding the court system or the prosecutors, and over the last ten years they have shifted more and more of the costs of schools to the local level. He stated another concern that was discussed at the City Manager's meeting was that would be the foot in the door and if they adopted it at the State level we would be next. The City Manager reiterated that there was a good amount of discussion about various mandates and pensions and trying to get more flexibility in Chapter 175 and 185 and he forwarded some of the latest information from Jim Linn to the Commission today. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer 19 02/01/11 Mr. Fetzer stated the voters of Palm Beach County approved the Inspector General process for the Ethics Commission and feels things get passed sometimes with not everyone being fully educated on what we are really buying into and he expressed concern over the cost of this. Secondly, Mr. Fetzer commented about the emails regarding the valet parking fees and the City Engineer's response about the resident that complained about gouging and how the valets are charging exorbitant costs for valet parking. He stated staff is going to look and see if the City has legal authority to restrict those fees and would be in favor of looking hard at that because that kind of perception is not good for the downtown. Lastly, Mr. Fetzer stated there are still noise issues with Deck 84. He stated this is a great restaurant but they have to live harmoniously with the residential areas around them and the City has to continue to work on a solution. 13.C.2. Mr. Eliopoulos Mr. Eliopoulos formally thanked Commissioner Fetzer for arranging for the Spady Museum and stated he coordinated with AT&T a project this year involving the planting of trees and benches for Spady and the turnout was good. Secondly, Mr. Eliopoulos commented about "Laugh with the Library" held at the Delray Beach Library over the weekend and stated it was a well received turnout for the library fundraiser. Mr. Eliopoulos commented about the Roundtable Meeting and stated he wished more people had attended. Mr. Eliopoulos stated he liked the clickers because it allowed the public to become more engaged in the meeting. In addition, Mr. Eliopoulos stated having the Roundtable Meeting at the gym was the way to go. Mr. Eliopoulos commented about the gouging of valet parking fees. Lastly, Mr. Eliopoulos stated he and Commissioner Gray attended the Community Redevelopment Agency (CRA) meeting Thursday night and commented about the request for the Pompey Park press box. Mr. Eliopoulos briefly discussed the separate baseball leagues (American League and National League) and that the CRA Board was appalled that there appears to be segregation with the baseball leagues. Mayor McDuffie stated the offer was made at the end of previous negotiations to kill the Delray National Charter and charter the whole thing under the Delray Beach American League. The City Manager stated the Delray National League is an integrated league. 20 02/01/11 13.C.3. Mrs. Gray Mrs. Gray stated she too attended the CRA meeting and feels some of the comments were disturbing and suggested that the City explore hiring a R.A.C.E. Relations expert to address this. Mrs. Gray stated race also came up with the soccer complex and she briefly discussed the emails going back and forth regarding the soccer complex and found it disturbing because it all pointed to XPE Sports and Prep & Sports as actually being the bad guy. Mrs. Gray stated the Delray Beach Athletic Club does not have a contract or insurance with the City of Delray Beach and asked why the City allowed soccer and lacrosse to be played on the fields without any type of insurance. Mrs. Gray stated Prep & Sports signed an agreement with the City that they had to have insurance and feels everyone needs to have insurance and this issue needs to be looked into this as soon as possible. Secondly, Mrs. Gray stated she attended the Church of the Palms over the weekend and she enjoyed their service. Mrs. Gray stated Prep & Sports is having their 1st Annual Fundraiser Super Bowl party on Sunday, February 6, 2011. She stated Atlantic Community High School had a symposium last week where they had all of the teachers, parents, and Dr. Akbar to speak to the audience about why African-American males are not graduating. Mrs. Gray stated this is not the School Board's fault but it is actually a combination of many things and mainly the parents fault. She stated there are going to be a lot of issues that are going to be coming up in our city concerning that as well. Lastly, Mrs. Gray stated the Delray Beach Community Land Trust (DBCLT) Fundraiser Event was awesome. 13.C.4. Mr. Frankel NIr. Frankel stated he also attended "Laugh with the Library" at the Delray Beach Library and the attendance was great and the comedy show was well done. Secondly, Mr. Frankel stated he went to dinner at the Atlantic Ocean Club and the owner informed him that they just hired over 100 people. Lastly, NIr. Frankel stated the presentations at the Roundtable Meeting were very good; however, the attendance was poor. He concurred with comments expressed by Commissioner Eliopoulos that this does not work and he does not understand why the City had the Roundtable Meeting at the same time the Chamber of Commerce was holding an event. NIr. Frankel suggested that this be an afternoon event where some of the homeowners groups might participate and that the Roundtable be tweaked. 21 02/01/11 13.C.5. Mayor McDuffie Mayor McDuffie concurred that the turnout is disappointing and there is a lot of work that goes into speech preparation, etc. He stated there was a lady who attended this year's Roundtable Meeting as well as last year's who is a professional events planner and offered to volunteer to work on next year's Roundtable Meeting to help get the attendance up. Secondly, Mayor McDuffie stated he missed most of the events the rest of the Commission attended because he left at noon to go out of town. There being no further business, Mayor McDuffie declared the meeting adjourned at 7:56 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 February 1, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk 22 02/01/11 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. 23 02/01/11 s' IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 362 NE 3RD AVENUE 1. This waiver request to allow a reduction to the minimum pavement width and a reduction of the landscape buffer came before the City Commission on February 1, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to allow a reduction to the minimum pavement width and a reduction ofi the landscape buffer. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuant to LDR Section 2,4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a} Shall not adversely affect the neighboring area; {b) Shall not significantly diminish the provision of public facilities; {c) Shall not create an unsafe situation; and, {d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A, Waiver to Allow a Reduction to the 24' Minimum Pavement Width: The applicant has requested a waiver to Land Development Regulation {LDR) Section 4.6.9(D){3)(b) to allow 2Q' pavement width where 24' minimum pavement width is required far parking aisles and driveway access points. The following verbatim justification has been provided: "While the required drive aisle width is 24 ; the existing parking !ot is currently nonconforming with regard to the drive aisle widths which vary between 22.3' and 23.4'. It is nofed where the drive aisle width is 22.3' in width, a landscape island exists opposite the back out spaces, thus eliminafing any potenfia! conflicts. Far the balance of the sife in order to increase the drive aisle widths City Commission Meeting on February 1, 2011; Item 9.A. by ~' would result in the elimination of existing mature trees and parking spaces. " Does the waiver request meet the requirements of Section 2.4.7[8)[5}? Yes / No B. Waiver to Allow a Reduction to the 5' Landscape Buffer: The applicant has requested a waiver to Land Development Regulation (LDR) Section 4.6.'16(H)(3)(d) to allow a reduction in the required five foot (5') landscape strip separating vehicular use areas and adjacent properties. The following verbatim justification has been provided: "The landscape barrier provided along the south property line exceeds fhis requiremenf by approximately fwo (2) feet with the exception of the easfernmost portion where fhe landscape strip is reduced to fwo feet (2) fo accommodate a 38' x 5' walk for the handicap accessible parking spaces required for fhe site. A 2' wide landscape barrier has been provided adjacent fo this walk. Also, due to fhe 2' dedication of alley on the west side of the property, fhe requesf is to reduce the 5' Landscape sfrip to 3.8' As a resulf of the 5' dedication of righf-off way for NE 3~d Avenue, the request is fo reduce the landscape strip from 5' to 3'. In bofh righf-of-way dedication situations, the width of the landscape area will remain as existing and the mature frees along 3'~ Avenue will be retained. The City has no fnfenfions of utilizing the 5' dedicated righf-of--way along NE 3r~ Avenue at this time. However, the 5' dedicafion area will be available in fhe future, if fhe sife is redeveloped and the parking Lot eliminated." Does the waiver request meet the requirements of Section 2.4.7[8)[5)? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 2 City Commission Meeting on February 1, 2011; Item 9.A. in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves / denies the waiver request to LDR Sections 4.6.9(D)(3)(b) and 4.6.16(H}(3)(d). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of February, 201'1, by a vote of 5 in favor and 0 opposed. ~. ATTEST: Nelson S. McDuffie, Mayo Chevelle Nubin, City Clerk 3 City Commission Meeting on February 1, 2011; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA IN LIEU PARKING FEE REQUEST FOR CAFE DE FRANCE 'f . This in lieu parking fee request for the purchase of 7 parking space in-lieu has come before the City Commission on February 1, 2Q1'I. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Cafe De France. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required due to expansions of use to an existing building and it is impossible or inappropriate to provide such parking the City Commission may approve the payment of an in lieu fee rather than provide the required parking. In the case of expansions of use, no existing parking spaces may be eliminated. Does the In Lieu Parking Fee request for the purchase of 1 parking space in-lieu meet the requirements of LDR Section 4.6.9(E}(3} and the conditions, if any, listed below? At $15,600 per space totaling $15,600.00. Payment is due upon iss_uance._of a building permit. Yes ~ No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 1 City Commission Meeting from February 1, 2011; Item 9.6. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the retard 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 in lieu parking fee request as set forth above. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 1st day of February, 2011, by a vote of 5 in favor and 0 opposed. ATTEST: Nelson S. McDuffie, M ~ ~ .~ Chevelle Nubin, City Clerk 2 City Commission Meeting from February 1, 2011; Item 9.6. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 6.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 ARBOR DAY PROCLAMATION ITEM BEFORE COMMISSION Proclamation declaring February 22, 2011 as Arbor Day in the City of Delray Beach. WHEREAS, recognition should be given to the value of trees in our community and the need for a continual city-wide forestry program for the benefit of all persons; and WHEREAS, the holiday to recognize the importance of tines in our lives, has been celebrated over 135 tears since J. Sterling Morton founded Arbor Day and is celebrated all over the world; and WHEREAS, the National Arbor Day Foundation in cooperation with the U.S. Forest Service and the National Association of State Foresters sponsor a project lmown as "Tree City USA" in an effort to make every community in America a better place in which to live; and WHEREAS, the protection and proliferation of trees within the City of Delray Beach is governed by regulations for the purpose of promoting the health, safety, welfare, and aesthetic quality of the community by realizing the importance of trees for oxygen production, carbon dioxide absorption, dust and air pollution filtration, wind and noise reduction, soil erosion prevention, surface drainage improvement, energy conservation, beautification and aesthetic enhancement of all lands in the City; and WHEREAS, the Community Improvement Departrr~ent and Parks and Recreation Departrrlent will celebrate Arbor Day by partnering in a Arbor Day celebration event; and NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim February 22, 2011 as: ARBOR DAY in the City of Delray Beach, Florida, and urge all citizens, schools, and organizations in the community to j oin with me in realizing the value and need for trees and to plant ceremonial trees on this date at Carver NTiddle School. 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 15th day of February, 2011. NELSON S. 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' ~D ~ ~ cn O c~ s _. -~ ~ o ~, ~ ~ ~ ~ ~ . ~ " , r ~ r, . ~ y . ~ ' C"~ / ~ ''Rr~, ~ ' tt~~, . ~ ~ ~ ~ 111' (~ ra i' t ~ ~ '~ ~ , .{ ~ r . ~ ~; ' ~ ~ , ~~•,y~; ~ 1,~~^ii: ~3' ..~,~ RSA ,~ i " ~~ 1; .~, ,. ,~ .. R t I~~ y,~ ~ r~ i .tit ~ ~ ~ r r . Y ~ .r 11 o rr ~ ;r j n t~ r: (.iy5~~~~ ~ ,i~ ~S4 ~) ~ j `L s~ M" r f ~1..'YYY~ ~ rl ~ r~ I( i~ ,lri r f r r, ~ i , ~;a i r{ r FF ~ L~ t~,~~ t ,~ , ,~ '~ ~ 7 Ic i~ ,b ._ I ~ ~ _' ~ it t ~ _ "~ r r .1 r, MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 7, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 FINAL SUBDIVISION PLAT APPROVAL/ SWINTON ACRES ITEM BEFORE COMMISSION The item before the City Commission is the approval of a final plat fora 0.62 acre, two lot, single family subdivision known as Swinton Acres. BACKGROUND The subject property is within the Lake Ida Neighborhood Overlay District and is located at 1604 North Swinton Avenue, at the northwest corner of Swinton Avenue and NW 16th Street. The property is zoned Single Family Residential (R-1-AA) and contains cone-story single family residence constructed in 1931. The property is currently platted as Lot 1, High Acres, (Plat Book 21, Page 85). The existing single family home will be demolished and the property replatted into two lots. This plat, known as Swinton Acres, is now before the City Commission for final action. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Future Land Use Map The subject property has a Future Land Use Map Designation of LD (Low Density, 0-5 dwelling units per acre) and is in the R-1-AA (Single Family Residential) Zoning District. Within the R-1-AA zoning district, conventionally sited single family detached residences are allowed as a permitted use. Concurrence The addition of 1 additional dwelling unit will have minimal impact on water and sewer demands, traffic, drainage and solid waste as it relates to their level of service standards. Both water and sewer service are available via connection to existing lines in North Swinton Avenue and NW 16th Street. Residential development, east of I-95, is exempt from traffic concurrency standards. No internal street system is proposed with this development, as direct access is available from Swinton Avenue and NW 16th Street. Since the existing home was constructed prior to February 23, 1982, no credit shall be issued and a $500 park impact fee will be required for each unit at issuance of a building permit. Palm Beach County School District has approved the application for Concurrency Determination for 1 additional single family residential unit. Consistency The performance standards set forth in LDR Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Land Development Re,~ulations The proposed Swinton Acres Plat will subdivide the property into two single family lots with widths of 95' and 123.71'. Pursuant to LDR Section 4.3.4(E)(3), for corner lots, the side having the least street frontage shall be the front for setback purposes. Where a corner lot or through lot has frontage on an arterial or collector street, the front shall be the side with frontage on the arterial or collector. It is noted that since North Swinton Avenue is classified as a City Collector and NW 16th Street is a Local Street, the frontage for Lot 2 will be Swinton Avenue. The proposed lots, at 0.27 and 0.35 acres, are consistent in size with existing lots on both North Swinton Avenue and NW 16th Street. The existing lot size of 0.62 acres is much larger than the average lot size of 0.29 acres on this block of NW 16th Street. The proposed lots are more consistent with this average. Existing lot widths along NW 16th Street vary from 70 feet to 117 feet, and the proposed lots will measure 95 feet for Lot 1 and 122 feet for Lot 2 along this roadway. Since the property is being subdivided along its east/west dimension, the width of the lot along North Swinton Avenue will remain the same. As shown on the following table, both lots will meet or exceed the minimum lot dimension requirements in Section 4.3.4(K), "Development Standards Matrix". LotSize (Square Feet Minimum Required 9,500 Proposed Lot 1 11,754 Proposed Lot 2 15,093 Lot Width Lot Depth Lot Frontaae Interior/Corner Interior/Corner 75'/95' 100' 75'/95' 95' 123.72' 95' 123.71 ' 122' 123.71 ' As shown on the attached survey, prior to its demolition, the existing home will cross the interior lot line between the two proposed lots. The applicant has requested that the existing home be allowed to remain until plans have been submitted for construction of the new homes. To accomplish this, a Unity of Title must be recorded immediately following recordation of the plat. This has been included as a condition of approval. This Unity of Title may be dissolved upon demolition of the existing house and approval of the Chief Building Official. Based upon the above, positive findings with respect to Future Land Use Map Consistency, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations can be made. REVIEW BY OTHERS Minor Subdivisions are not reviewed by the Planning and Zoning Board and the property is not located in an area requiring recommendations from any other Board or Agency. Courtesy Notices: Courtesy notices have been sent to the Neighborhood Advisory Council and Lake Ida Property Owners Association RECOMMENDATION Move approval of the Swinton Acres Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.11 (Required Findings) of the Land Development Regulations, with the following condition: 1. That the applicant execute and record a "Declaration of Unity of Title" between Lot 1 and Lot 2 immediately following recording of the Plat. A copy must then be submitted to the Planning and Zoning Department for their records. w w w ~ > z z z w w w > > > Q Q Q 0 0 ~ SWI N TON o' z ~ r7 N ~ ~ ~ z z z STREET ~ w Q 18TH N.W. S T. w Q N.W. 17TH ST. ~ ~ N.W. 17TH ST. z ~ N . W. 16TH S T. 0 z N N.W. 15TH ST. 0 J m cn w/ ~( U Q W N.E. 16TH ST. W z Q ~ J z BONNIE BRIAR `V LA E 0 z ~ HEATHER LAN ~ w z z W P~ c~ N SWINTON ACRES PLAT PLANNING AND ZONING DEPARTMENT SUBJECT PROPERTY LOCATION MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\F'ile-Cab\Z-LM 1001-1500\LM1235_Swinton Acres Plat ........................................................................ _~ ~ W~ _m ~~; ~ ~ r ~ _ ~. T~~ ~' ~ `~ ~~'~ ~r ~ ~~ ~ ~ ~ i~ pt ~u ~ ~ ~a' ~ ~ ~ ~~~ ~ v ~~~ r ~, ~~ ~~ ~ ~-l ~; ° ~, ~~. ~..~ I ~ ~i - ~ ~i~ ~. i - ~q~, °° ~, ~ ~ ~ ~~~ ~~ ~~ ..~ .~... ....~,~. __. ~_~ .. _..~ ~ _...... ~ ~~~ ~..~_ C ~ . ,.._._ . . ~ ~ mm . I ~~,m ~I ~ ~ ~; ,.. ' ,~ ..... ~ I I ~. ~ ~ ,..-- ~ 1 C K~ ~ i ~~ ~ - ., i ... m ~$ ~ ~~ i ~ ~. ~, a ~ a .... - ~ A~ ,~ ` ~ ~i € a I ~~ ~ :` "" _ ~ w w _-~ a .. _~~....~ I ' ~ ~~~ i :i ~ ~ ~g "` ~ ~ I l I~; ~~ , ~~ Y'V .. i w ~~~ ~ J ~~~~ ~~, B-~--- ~ ~ ~ ~~~~ N ~w~~~~~ b I ~~~ S Q ~, 1, ~ ~ ~ ~ H J ~~~~ ~ ~~ °~i ~aOZ ~ n~~~ ~ ~~. W ~ O W ~ m ~~$$ ~~ ~~ a ~~~ V ZZ~ ~ ~ ~ ~~ ~ ~ U W Q o ^ ~ ~~~~E~ ` Um~ No ~ ~ ~~~ ~~ ®~ Q g~ ~ ~ ~ ~.~ ~f N U ~ m ~ I~ ~ ~~gE 8 ~ O J ~. ~ ~~~ ~~ q ~~~33s~ Q Z d' ~~ ~ 4 ~ ~ ~ ~~~ ~ ~~~ ~ ~ ~~a~ ~ ~ ~~~gi~ ~ ~~~~ ~~ g~~ ~ ~~ ~~~~~~ ~ ~~~~ ~Z~a~ ~ ~ ~~ ~~~ ~~ ~ ~_ ~~ yy ~us~YOZ ~v ~~~ ~ Q~ ~ 99 2 ~~ ~~ ~ ~~~ ~ ~ ~a 5~~~~~ ~~ m ~ o ~~qT, 8 Q e`~~y ~ a ~ 2 Y ~ Q3Qpy~5~~ S~~ ~ N2~~~ ~ ~~ ~~ a~t3g~~~ ~9~9 2 Y UE kN $~~d 4i$ 2d ~~ 1 ~~ g~ ~ ~~ g~~~~~ _~ ~~ ~~ ~~ vGV ~~ ~~~ 0 ~ ~~ ~~ ~ ~Q~~ ~ ~ ~ ~~~~~ ~~ ~~ ~~~ S ~ BBY~ p~ i555 ~~4~`~ ~ ~~~~~ ~~ ~' t~wS' ~ ~~ ~ ~ ~~ a ~~ ~~ ag ~y ®g ~ II I q q p a 9 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: February 8, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 RESOLUTION N0.08-11 ITEM BEFORE COMMISSION The request involves the abandonment of a 10' x 150' utility easement located on the Shuler's Memorial Chapel Property at 606 West Atlantic Avenue. BACKGROUND The subject property, located at the southwest corner of West Atlantic Avenue and SW 6th Avenue, contains a 5,752 square foot two-story funeral home known as Shuler's Memorial Chapel. The subject easement was dedicated by an Easement Deed (ORB 1006, Page 260), recorded on April 7, 1964. The property was purchased in December of last year by the Community Redevelopment Agency. Since the easement is not needed to service the property and the funeral home is located over the center portion of the easement, the CRA is seeking its abandonment. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. There are no utilities within the easement area. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company, and AT&T have reviewed the request, and have no objection to the abandonment. RECOMMENDATION By motion, approve Resolution No. 08-ll abandoning a 10' x 150' utility easement dedicated via Easement Deed in OR Book 1006, Page 260, of the Public Records of Palm Beach County, Florida, located at 606 West Atlantic Avenue; and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. RESOLUTION NO. 08-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A UTILITY EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 1006, PAGE 260, AS MORE FULLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a utility easement dedicated by easement deed, as recorded in Official Records Book 1006, Page 260 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being located on the Shiner's Memorial Chapel property at 606 West Atlantic Avenue, within Block 13, Town of Linton, n/k/a Delray Beach, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida, and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements", of the Land Development Regulations of the City of Delray Beach, Florida, and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on the day of 2011. ATTEST: City Clerk MAYOR RES. NO. 08-11 Exhibit A - - ~s D . ~ ' 9;fl42 . ~~~:~~~~~ ~~6~ - 'k~IS Mebde.~~~,ia - d~Y pt y xg ~~ bp$N9ax~eosrge Coler+s • •Tamarind v~ 9w ~'a1m Brh~: ar~"'of #,lm t'~~.FS part, .~ =.. ~' ~ ~ CFir a , ~: ? ~.` estate. aT~ . ..~, ~ amuiialpal, oarpcrativn~~.n ~4m Beech ~rnia~[, - - g~,arlda,. psst3 of the ~aaonsi'''Pa~'t;~ . 'ri • ~' *~5:^pps pint tha~ s~3d P.~C~ of t,!'id firax pant, :, }°'_ tnr~. and im opps~.$arstion.'af~ the_'stgm of..-01ae Ds11sl~ .'and .other '.:,M valueSla a0~i8eratiope to i~" in;d pa~,d b~ •tihe• said ~ •,`.:,i ;:~ party.'ot• the 4e0ond pnr~r t3ie -racei~pt.i#serap1' •4s h~rs~~. ;. ~'~ ' - •aclaiasi3:9d~et4'~ =da.~e.~herobp g~aht eaxd e'Qm[@y~ua~c the-. eepanid ,• ~ `, -. ~p~nt~..,ita apna4seare~~;and'_$agigub,'.s:p~~~al-easasaent rr `"„a'~' .fox 1:23v=ibs'talletlvn: oS, aet"ter eo].].eatdon ay;stem,p'lpt]:~nss, ~,:,.;>.~ '~•'"'° xit7t ~.u7-3. ~~.frne~ri.~st, 1.~.bat~ty; st~d.sui~ri~y'~to~enter '...=s;:.`.?1 ..,t, .., ~, a;= an dad"t0 7asta~; pperste'8n8`.'~a~A such-'uti]j.'tee ~,._,: ~,,, ' ~ ~~ fir, ~yPp~y. andthrough. the 1'01~.ott~ deacrSbed prapart3`'itt _ - . `;t ~~;~ Pe3.mBea~..~otm'~Y:.,3~`loriaa; tou#.t:' ~ .~_'~-~:;,:`:;~~"~ ',~ ~ '. ~Sou~ki 10 :feat a~ •the 6Sarth 100 Seet Q.i,uu'tdiiil ;:; . q.: . 1,3^"' ~ of Che $asc• ~.3fl' .feet'n£. 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(3~~g~AL HwY,) LANq PLANNERS (561) 265-1930 FDR: CRA ~_ _ SK ETCH QF SURVEY ' ~~ ~+~° "~ ~^~ ~ rioanr nns rn..r+cur na smeoo MIEN AUp6f !a i-!6 A110 NAIL 450'NI All. ,{aTIAltE [IDyrgg BDUNQARY WEST ATLANTIC AVENUE ~ - - ID6' RIGHT aF WAY - ~ - D 0 z ' ~m ~p ~ tr ~~ N m NORTH uNE DLapc is _ ~_ _ _ ~ II an _ /OR.B.~ 4/383/ L~C.C{~I ~ ASPH14k.T PAllELEN~ ] 111 ~ ~j w N LIGHT PDT A5 BRIEX WALK LICHT POIE tJCHT p~ .RB.1 . T 5/[378 PARCELI: THE SWTH 50'~FEET GF THE NCRTH t50' FEET i1F CCI[ Tk AN0 THE SOUTH THE EASE 135' FEET OF BL Q~ SET HITj1963 L[GHT '. 25.7'. - 8h POLE ~ ~' .. rn ' ~ 2&4' ~ SIGN ''~ NIY 83 . 80• FFfT CF 1HE NORTH 1W F7F[ OF THE EASE 15G' FEE7 i3F' BLOCK i3, QdliAY BEACFI, A St18D1yr51LN t)F f{g. '' PAW BEACH CCUNIT, F1„pN014 ACCORDING Tp 1HF p ~>. # . ~ ~ 1'I•AF 1HEFFEOF ON F]k.E IH THE OFFlCE OF TF4: CLETilC A ~ R& P i1F THE GmC711T CDIRTT, b AND FDR SARI CIX]HTY, W PONtiN ~ 4T 63 PLAT BCOK 1. 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A /~ \i , : ty• ~ ' n' '[s ~ i/ ' CDFIt ~ : n •~~ • ' '~ CQ • ASIH _' .. ~. - 'y^..:.: ~: •. ,' ..s. ~ ' BAStN e'- C~R31FIf~1 FO; as>F~ ,; u ~ T WATER a Iy' Llelroy Beach Cammunity Redevelopment Agency # Pa LE YEIER ~ ~ !~' a 'm°e" ~tl+T # ., ~ 72' ~ !' ~ry CI] Omen, Cheraf, Doody k FaoE, PA ^® 1' , ,~1 ; ~ • { '•" ( ,' I ' ',1 r'I', LICHT as F7delity NoUonoF Title ERSVronce Company .A •~sn.~ -'I l 'I • I- - 3'I) ' I ': POLE w ~~IeL 'a 6 ~ ... % . . ~s~ p ° : °' j5 •'B~ ~ - • CATCH• /' ..ASPHALT • ~N $ ~ ~ ~ ~ ,. s i . : • G6r~~~ ~ •f ~ . - • ~~. _ ~ . ~ ' ~ ~ ~~'• ~a 1 1 1 • ' ~ L 1 ~ t _ E "'= ~ ,. ~ e a a I ~~ ,,., ~~ ~,k 2 , Pi18LIC RECORDS OF PAW BFl CH COUNTY, PALE ~ , ~ ENO, P.1L FN ! ~. 2s.no' ENO. P.lf• o,s2'w ~~~.pp' o.~1'W! Horn NOTES: THE UN-ER5611FD A110 BRUCE CARTEn k AssOOAIES, nIG NN(E NO RFPRETAITAnu15 CR WARANIE6 As Ta THE IN Anp1 FIfF1ECTfa TF65 SKEToH 15 tH8 pN4PE1tTY OF BRUCE ClJiTER k HEREGN PAiTACING 10 EASRFENIS. IcRITS-GI'-wAY, w1944f LeeES A'T A1E5, iNC. AHD SHALL HoT ~ REARGWCm IN RE5E7iYAnONS. ACREp4:Ti35 AND 07NER SaAtAR YATIETI& lU70 FURTHER, wxa.E oR ANY PART NniFAlnl nE 1'A><!'IFJI PEIa1I3511Y1 11115 INFTY211AnaN 6 NDT WTfi/10ID 7a INFLECT OR 'kT F-RTN ALL SVGi OF THE A801E IH MPoANC. IIATIERS. SULH PiFORIrAn01F SNpll,O BE pBTAmED ANp r~Nr¢BIED a'f 0nIF8S 7RRDUG4 AF'PHOHAns TITLE SFJVIIRI. LAMAS 91aWN HEIZETIq MERE NGT ADSIRRGTFII Ftli•RIGH76-~-wAY AMIIeR CERTIFICATION: EASLTIEM7S GF RECORA 1 HEREBY 67i11F"A THAT THE AF7ACHm 9fEFCF1 CF SIFRVEY dF 1HE AUOYE • oE'SVE® FHaPe117Y IS TRUE ANC Caf67CCT 1fl THE OEST CP ur NNilM-E9GE AHU BELIEF AS SURVEYED UN9FH YY p1FaEGnpN iN lrrnrcR 1s~ zmo._. FFcyl9piR aAIE DY H1af~ N. CARIER IJEQSIQ3FA LARD :aR4EYGR ~ 2963 STATE OF ROIMA lB /•65J SCALE : t• w 3p' aRAMN RY 9JE W£iT® BT FlLFD Bell[ RLE Ha, ' 1ST A T L A N T I C ~~ MARTIN LUTHER KING JR. sr. ~ ~ z z 3 3 3 z z z FIRE STATION N0. 1 ~V~~ m 0 vi U S H m TENNI S STADIUM A V E N U E 1ST ~~~I I~~ 2ND S. 2 D CT POLICE SOUTH COMPLEX COUNTY COURT HOUSE S T. ~'~ N ' ~~ SUBJECT PROPERTY SHULER S MEMORIAL CHAPEL ~~ '° ` ~ ~ EASEMENT ABANDONMENT _ PLANNiNC AND zoNiNC DEPARTMENT LOCATION MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 100-500\LM186_Shulers Memorial Chapel MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 ACCEPTANCE OF A RIGHT-OF-WAY DEED/362 N.E. 3RD AVENUE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a right-of-way deed for dedication of two feet (2') of alley right-of-way and five feet (5') of road right-of-way associated with renovation for a public parking lot at 362 NE 3rd Avenue. BACKGROUND The subject property consists of 0.465 acres and is an existing parking lot located on the west side of NE 3rd Avenue, south of NE 4th Street. On January 12, 2011 the Site Plan Review and Appearance Board (SPRAB) approved a Class V site plan request to upgrade the existing parking lot with paving, striping, landscaping, irrigation and lighting. As a condition of site plan approval, a two foot (2') alleyway dedication along the west portion of the property is required. In addition, on November 4, 2010, the Development Services Management Group (DSMG) required a five foot (5') right-of-way dedication along NE 3rd Avenue. 2' ALLEY DEDICATION Pursuant to LDR Section 5.31(D)(2), the required width of an alley is twenty feet (20') or the existing dominant width. Additional right-of-way width may be required to promote public safety and welfare, to provide for storm water management, to provide adequate area for street trees, and to ensure adequate access, circulation and parking in high intensity use areas. The currently dedicated alley right-of-way is sixteen feet (16'). The City Engineer has determined that the width of the alley should be expanded to a total width of twenty feet (20'), which is consistent with the widths that have been provided with other redevelopment proposals along NE 3rd Avenue. Therefore, a dedication equivalent to one-half the additional right-of-way (i.e. two feet) from the west property line was required. This dedication is described within the attached "Exhibit A". The City Attorney has reviewed the Right-of-Way Deed and form for legal sufficiency, and has determined it to be acceptable. 5' RIGHT-OF-WAY DEDICATION Pursuant to LDR Section 5.31(D)(2), sixty feet (60') of right-of-way is required for a local roadway without curb and gutter. The existing right-of-way along NE 3rd Avenue is forty feet (40') and curb and gutter does not exist. Thus, an additional twenty feet (20') of right-of-way is required. For existing streets, reductions in right-of-way width may be granted by the City Engineer upon a favorable recommendation from the Development Services Management Group (DSMG). On November 4, 2010, the Development Services Management Group (DSMG) approved a reduction in required width to fifty feet (50') on NE 3rd Avenue. Therefore, a five foot (5') right-of-way dedication (1/2 of the remaining requirement) from the east property line was required. This dedication is described within the attached "Exhibit A". The City Attorney has reviewed the Right-of-Way Deed Agreement and form for legal sufficiency, and has determined it to be acceptable. REVIEW BY OTHERS At its meeting of January 12, 2011, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for 362 NE 3rdAvenue, subject to conditions, which included both right-of-way dedications. RECOMMENDATION By motion, accept the 2' alley right-of-way and 5' road right-of-way dedications through the attached Right-of- Way Deed associated with the renovation of a public parking lot located at 362 NE 3rdAvenue. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 PIN # RIGHT-OF-~VAY DEED THIS INDENTURE made this ~th day of 2011, between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, with a mailing address of 20 N. Swinton Avenue, Delray Beach FL 33444, as party of the first part and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation with a mailing address of 1Q0 N.W. 1st Avenue, Delray Beach, Florida 33444, as party of the second part. WITNESSETH: That said party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A" attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors anal assigns, aright-of way and easement in and to said lands for public highway, street, and public utility purposes and the maintenance thereof; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns, except that the easement for public utility purposes shall remain until released. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this right-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. 1~'arty caf tl7e first part ctc~es herelray fr7lly rwai°rant tho~ title tca said land and i11 clefer~d tl~e same against t1~e lawflal claix~s oaf all pea•sons whoa~nsoaever elan~ed hy, tl~rca~~gh car gander it, that it has gr~cad a~wght anti [awftial aaathcarity tca g~°ant the a~acave-desc~°ikao;d right-oaf-way and tlxat the same is ~anencumlaea°eo~, ~vVl~ea°~ the eentext caf this 1~igl7t-oaf-'ay Deold allcaws car pe'°m:its, the saa~t~ shall incltacle the snxo~ccssc~a°s car assigns. oaf tl~o~ parties. T~ HA,:~ AN1~ Tt~ hlCaf.,l~! T~ ANTE, tragether with all. a:nd singti~lar the aplaaartenanees theretca laelcanging car in anywise incident ~~- appertaining, encl. all the o~state, ~°ight, title, into rest, ar~cl claim ~rhatsc~ever caf the said party oaf the first part, in law oar in equity tca the canly prcaper use, }aenefit, and laehalf ref the said party of fhe so~coand part, its successcars and assigns. IN TTNES~ Va'HET~E~I!~', said party of the first part. has l~eretantca set their hand and seal the date 1'ia~st al~ave writtea~. ,5~srnecl, 4owaleo~ ~ ncl o~el_tvered i ~, 1 <<- pi esenc ~! - ~- - _~~ ~ ~ ~, ~ ~'~ ~ ~,. (Name printed car typ~dy ~ . T,,, ---~ ; - - - (Na°r~e pri~lt~cl car ~,lrecl~ T'AFTY ~F THE 1~li~..~T I~r^, CST `~ ~,. By: ,. ~"' t- ~~f`a ~ (Name printed nr• typed) ~~~ c~, ~~,; w ~' ~m ~~... ~ ; (Addro~ss) ~._... ,STATE ~~' a The fcaregcairo4,~ iz~~trrvamcnt was ael~ncawledged ho~fcar°e tx~e this r, ~~ day ca:l ..~~w~a ~~'d~ ~ , 201.1., by ~ a ' __m gym. d.~~~~~.a f whc, as„~aezscanally l..iTr~wrt tc~ ,.,a , ~ .._ _..~,. n~ac tar has p1°cadaACed as zclentlfloucatlran. _ ,~.~ ~; _ .. ,~.w.,, ®, ignatu~°e caf Noatary Puk~lL } ~t~o~ ~ ° ~ - ~ ~~~ ~ Mate C Flca~~~~~ida i~' ~ ~P~t~ry P~ad~R ~. y co~,~,, e= Ca~errsrr'~ ° F~Cacrrn~sJ T 2 Exhibit "A" Legal Description of 5' Right-of-Way Dedication adjacent to NE 3rd Avenue; The east 5 feet of lots 23, 24 & 25, Block 81, Subdivision of Block 81, according to the Plat thereof, as recorded in Plat Book 11, Page 32, of the public records of Palm Beach County, Florida. Legal Description of 2' Right-of-Way, Dedication adjacent to Alley: The west 2 feet of lots 23, 24 & 25, Block 81, Subdivision of Block $1, according to the Plat thereof, as recorded in Plat Baok 11, Page 32, of the public records of Palm Beach County, Florida. } ~ ~~ ~ §~ ~~ g ~ ~ ~ 7~ ~~ N r ~1 ZZ uO¢ V N d q~ ~ z ~ ~ N > Q ~ ~ o 0 ~~ ~~ & ~ m 20 U ~ ~ Z ~ ~ &d3 a ~ ~~~ m a E, ~ Eo~ ~ ~ ~ d~~ ~ ~~~ i i NY 1 ~~ j E~ ~~ P~ s~~ ~ ~ ~~~ ~~ 3Q ~ E~~ S ~~~~~ke ~~~ s~ g ~3 WI- J ~~ ~ ~~ ~~~~ ~n~ ~~ ~N fl! ~~ ~ ~ z x 19 x~ ~ Wq~ 4 G5 $I ~ 19 F~'3N Q ~ a acv ourvuv a q I ~ .J Y ~~ mu i ~~ a~~5 '~~Llo, ~~oga ~p~ya - ~ ~~~ ~62M I Ni i ~~~i ~~ ~~ ~~ , >a ~ '_< 4g xa S~ aig~d ~ F ~~~ O~~K a= ~~ ~~~ f~ ~~~g ~~~a ~ ~~ ~o~~ n FeZ ~~~ 1 1 ~ ~~~~ l~xi~i: F'~ige ~k~M . i ~, N~~ ~~~F fir. ~~~~, "~` t .r a ----- ~, ~ iu ew Y,k.~T1 '.~ ~ ~-.i ~ r ;~~,~~ ~ y~' ~. , r ~~ ,..y7 ~. ~ ~ i. :..rye; .. ~ m ~.. 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I t 1 l n~ ( ~ }.. i. ff II l 1 Il 1 ~ /. r. -_-- 1 r ~i~. iii ~ ~ ~ ~ ~~ ~~ ~` 1 i I IIr 1~,~ I 1 III I i~r ~ I _ ~_i I `~ RIGHT-OF-WAY off, ®` B ' PLANNING AND ZONING DEPARTMENT 12-X13-46-16-01-081-0230 ~~~,~~L, 1,~~~~~d~ ~A~ -- L7/ClTs1L &1SE MAAf-' SYSTEM -- MAP REF: 5:\Planntng &Zoning\DBMS\FII®-Cab\Z-LM 1000-9500\LM1229b_362 NE 3RD AVENUE Aerial siTE ~LA~ RE~iEVU A~®A~PEARA~uCE ~®AR® CITY ®F ®ELRAY BEACH ---STA-FF REP®RT--- MEETING DATE: January 12, 211 ITEM: CRA Public Parking Lot -Class II site plan modification and landscape plan associated with the construction of a forty-three (43} space parking lot at 362 NE 3~d Avenue GENERAL DATA: OwnerlApplicantlAgent........... Delray Beach CRA (Community Redevelopment Agency} Location .................................... On the west side of NE 3Fd Avenue, south of NE 4t" Street Property Size ........................... 20,265 sq. ft. (0.465 acres} Future Land Use Map ............ CC (Commerciale Core) Zoning ....................................... CBD-RC {Central Business District -Railroad Corridor) Adjacent Zoning............ North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District} West: CBD--RC (Central Business District -Railroad Corridor) Existing Land Use ..................... Parking Lot Proposed Land Use .................. No Change Water Service ........................... Available via an 10° water main within the NE 3~d Avenue right-ofi-way Sewer Service ........................... Available via an 8" sewer main within the NE 3~~ Avenue right- of-way ~~, ~ ~~ ~_ --- o N.E. 8'lil 8T. D Z CS' D m e ~ N.E 53H TERR. ~~ N.E. 6Thi CT. o~' ~ •- ~a N.E 8TH Si. --._._. ~ 2 a r _~ ~ N.E. 4TN ~ ~ ~ __. N.E. aRO sT. 0 -z 0 _~ ~ ~ N.E 2N0 ~, 3 a s .. ,~ w w o z z z ~_ ATLANTIC A V E N U E . 1TEM BEFORE THE BDARD The action before the Board is approval of a Class Ik site plan request for 362 NE 3rd Avenue pursuant to LDR Section 2.4.5(G){1)(b). The request involves the following elements: ^ Site Plan ^ Landscape Plan ^ Waiver Requests The property is located on the west side of NE 3`d Avenue, south of NE 4th Street. BACKGROUND , The property consists of 0.465 acres (20,265 sq. ft.) and is currently an abandoned parking lot. It is owned by the Community Redevelopment Agency (CRA) of Delray Beach. The parcel is located within the CBD-RC (Central Business District - Raikroad Corridor) zoning district and has a CC (Commercial Core} future land use map designation. The action now before the Board is upgrading the existing parking lot through paving, striping, landscaping, irrigation and lighting. PROJECT DESCRIPTION The development proposal incorporates the following: ^ Expansion of the existing parking lot by nine (9) spaces for a total of forty-three (43) spaces ^ Creation of a two-way driveway for ingress and egress from the adjacent alley ^ Provision of two (2} handicap accessible parking spaces ^ Provision of a bicycle rack ^ Provision of trash receptacles ^ Installation of interior decorative light fixtures ^ Installation of brick paver walkways ^ Installation of curbing ^ Associated landscaping upgrades SIT=E PLAN-ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicationlrequest. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1){b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code far Building Construction. (Accessibility for residential structures is covered by the Federal Fair Housing Act). The development proposes to provide two {2} handicap accessible parking spaces. Thus, this LDR requirement has been met. SPRAB Staff Report Class II Site Plan and Landscape Plan for 362 NE 3rct Avenue {CRA public parking lot) Page 2 Bicycle Parking: LDR Section 4.6.9(C)(1}(c} and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. One (1) bike rack is proposed. Thus, this LDR requirement has been met. Lighting: Pursuant to LDR Section 4.6.8(A){3), the minimum illumination for the proposed parking lot is 0.3 foot candle and the maximum is 4.0 foot candles. The proposed photometric plan complies with these illumination standards since the minimum illumination provided is 1.0 foot candies and the maximum is 3.0 foot candles. The elevation detail of the decorative light pole on the photometric plan indicates a proposed height of fifteen feet (15') which is under the twenty-five foot (25') foot maximum height. Thus, the lighting plan is in compliance. O en S pace: Per LDR Section 4.4.13(F'}(2}, a minimum of 10% of non-vehicular open space is required in the CBD zoning district. The proposed parking lot complies with this requirement since twenty-three percent (23%) non-vehicular open space is provided. Sight Visibility Trianclles: Pursuant to LDR Section 4.6.14(6)(1), a ten foot (10') sight triangle is required at the intersection of the driveways at the main ingress/egress driveway. The 10' sight triangles have been correctly depicted and indicate visibility within the 3' to 6' height requirement. Thus, this standard is met. Stacking Distance; Pursuant to 4.6.9(D}(3)(c)(1), the minimum stacking distance shall be twenty feet (20') for twenty-one (21) to fifty (50} proposed parking spaces. The parking lot provides 21' of stacking off of NE 3rd Avenue and 23.3' of stacking off of the alleyway, thus this standard is met. Other Issues: Righ#-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Item Sidewalk Sidewalk CurE, & Curb & Right-Of- Right-0f- Considered ' Width Width Gutter Gutter Way` Way -Existing- MProposed- -Exstin -': -Proposed- -~xistin - Dedica#ion NE 3rd Ave. None Yes 5'} No No 40' Yes (5' Alleywa NIA NIA No No 16' Yes (2') Pursuant to LDR Section 5.3.1.D.2., sixty feet (60') of right-of-way is required for a local roadway without curb and gutter. Curb and gutter does not exist for NE 3rd Avenue, thus an additional 20' of right-of-way is required. A reduction in the required right-of-way width was considered at the Development Services Management Group (DSMG) meeting of November 4, 2010. The City Engineer and DSMG approved the reduction of right-of-way for NE 3rd Avenue from 60' to 50', thus requiring a five foot (5') dedication of right-of-way along NE 3rd Avenue. The 5' r-o-w dedication along NE 3`d Avenue shall be executed by SPRAB Staff Report Class II Site Plan and Landscape Plan far 362 NE 3;d Avenue (CRA public parking lot) Page 3 deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. Pursuant to LDR Section 5.3.1 {D){2), the required width of an alley is 20' or the existing dominant width. The existing east alley right-of-way width is 16'. On November 4, 2010, the City Engineer and Development Services Management Group (DSMG} determined that the width of the alley should be expanded to a width of twenty feet (20'). Thus, the applicant is required to provide an additional two feet (2') in the form of a right-of-way dedication. The 2' rWo-w dedication along the east alley shall be executed by deed agreement between the City of Delray Beach and the land owner, and thus, this is being attached as a condition of site plan approval. Pursuant to LDR Section 6.1.3(B), a minimum five foot (5') sidewalk is required for all local roads. No sidewalk exists an NE 3~a Avenue, and the applicant has proposed to install the required sidewalk. Technical Items: While the revised site plan has accommodated most of the staff concerns, the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless otherwise noted: 1. An additional five feet (5'} of right-of-way is required along NE 3~d Avenue. Submit the right-of- way deed forms & sketch with notarized signatures for consideration and final approval by the City Commission, prior to site plan certification. 2. A two foot {2'} alleyway dedication is required. Submit the right-of-way dedication forms & sketch far consideration and final approval by the City Commission, prior to site plan certification. LANDSCAPE ANALYSIS'; ~ The City's Senior Landscape Planner has reviewed the proposed landscape plan and found that it complies with LDR Section 4.6.16. The proposed landscaping consists of a variety of trees and ground cover. Landscape Technical Items: The following Landscape Plan item is strongly recommended, and will need to be addressed prior to building permit issuance. 1. Show and label tree canopy from all adjacent properties. There looks to be a conflict between the existing Black Olive on the property to the south and the proposed Adonidia palm. 2. There are a few conflicts with proposed light posts and existing tree canopies. The tree canopies will block a substantial amount of light produced by the proposed light post. It would be suggested to find an alternative location. 3. Provide note on plans and on bid specifications to have all existing trees selectively pruned and all girdling roots removed. This work should be done by a Certified Arborist. 4. Adonidida merrillii is susceptible to lethal yellowing. Please switch this species to Veitchia montgomeriana. They are very closely related but are not susceptible to this lethal disease. SPRAI3 Staff Report Class II Site Plan and Landscape Plan for 362 NE 3~d Avenue (CRA public parking lot) Page 4 5. The plant palette could use a little more color. There is a lot of shade Keeping this in mind, I would like to see some accent plantings used varieties in bush form (3'x3'), Cordyline varieties (Auntie I_oulBlack perennials (Joe Haydenl~doratalTorch), Bromeliads, etc. at this property. such as Croton Magic), Begonia W A 1 V E R A N A L Y S l S_...._.....__~...._.~_._._._~..... ~ Pursuant to LDR Section 2.4.7{13)(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 fior another applicant or owner. Analysis of Waiver #9: Drive Aisle Width Pursuan# to LDR 4.6.9 (D)(3){b}, the minimum roadway pavement width is twenty four (24) feet. Plans indicate that the roadway width is reduced fo as low as 20' as opposed to the required 24'. The applicant has provided the following verbatim justification statement regarding the waiver request: "While the required drive aisle width is 24 ; the existing parking lot is currently nonconforming with regard fo the drive aisle widths which vary between 22.3' and 23.4'. It is nofed where fhe drive aisle width is 22.3' in width, a landscape island exists opposite the back-out spaces, thus eliminating an potential conflicts. For fhe balance of the site in order fo increase the drive aisle widths by 9' would result in fhe eliminafion of existing mature trees and parking spaces." The development proposal provides a 20' wide two-way driveway off of the alley and a 20.2' wide two- way driveway off of NE 3`d Avenue. The interior two-way drive aisle widths range from 22.3' to 23.4'. 1n order to optimize the available parking spaces and increase accessibility, the driveway acess has been provided at 20' instead of 24'. Due to the existing nonconformity of the interior drive-aisle width and the need to accommodate additional parking on-site, the waiver can be supported. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5} can be made and a recommendation of approval should be presented to the City Commission for this waiver request. Analysis of Waiver #2: Landscape Strip Separating Vehicle Use Area Pursuant to LDR Section 4.6.96 (H)(3J{d}, a landscape barrier shall be locafed between the common lot line and the off street parking area or other vehicular use area in a planfing strip of not less than five foot (5) in width. Planting strips as small as two feet (2') have been provided to accommodate a 38' x 5' walk for fhe handicap accessible parking spaces required for fhe site. A waiver has been requested to reduce the landscape barrier from five feet (5') to two feet (2') to accommodate a 38' x 5' walk far the handicap accessible parking spaces required for the site. The applicant has provided the following verbatim justification statement regarding the waiver request: "The landscape barrier provided along the south property line exceeds this requirement by approximately fwo (2) feet wifh the exception of the easternmost portion where fhe landscape strip is reduced fo two feet (2') to accommodate a 38' x 5' walk for the handicap accessible parking spaces required for the site. A 2' wide landscape barrier has been provided adjacent fo SPRAB Staff Report Class II Site Plan and Landscape Plan for 362 NB 3`d Avenue {CRA public parking lot} Page 5 Phis walk Also, due fo the 2' dedication of alley on fhe wesf side of the property, the request is to reduce the 5' landscape strip to 3.8'. As a result of fhe 5' dedication of righf-of--way for NE 3rd Avenue, the request is fo reduce the landscape strip from 5' to 3'. !n bath righf-of--way dedication situations, fhe width of the landscape area will remain as existing and the mature frees along 3rd Avenue will be retained. The City has no intentions of utilizing fhe 5' dedicated right of-way along NE 3rd Avenue at this time. However, the 5' dedication area will be available in the future, if the site is redeveloped and the parking lot eliminated. " Pursuant to LDR Section 4.6.16(H){3)(d), a landscaped barrier shall be provided between the off-street parking area or other vehicular use area and abutting property in a planting strip of not less than five feet (5') in width. A waiver to this requirement is justifiable based upon the fact that accommodating the 3$' x 5' handicap accessible walk will provide a safer environment and due to required dedications, the provision of 5' would reduce the number of parking spaces which can be accommodated on-site. Therefore, the absence of the five foot (5') buffer will not to affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5). ASSESSMENT AN=D CONCLUSION The proposed parking lot will provide additional parking for adjacent businesses and the general public. The parking lot will be an asset to the neighbors and the community as whole. The proposed development complies with the the Land Development Regulations, with the exception of the two waivers which are supportable. Staff has reviewed the proposal and only minor technical items remain which involve upgrading the existing landscaping and the dedication of right-of--way for the alley and NE 3`d Avenue and these items have been attached as conditions of approval. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class I1 site plan, landscape plan and waiver requests for the 362 NE 3r~ Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Sections 2.4.5(G)(1)(b} and 2.4.7{B}(5) of the Land Development Regulations, subject to the attached conditions of approval. C. Moue denial of the Class 1l site plan, landscape plan and waiver requests for 362 NE 3~d Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Sections 2.4.5(G)(1)(b} and 2.4.7(B}(5) of the Land Development Regulations. ~ STAF=F RECOMMENDATION By Separate Motions: Waiver #'I Drive Aisle Widfih Move a recommendation of approval to the City Commission of the request for waiver to LDR Section 6.1.2(C){3)(a) to reduce the minimum pavement width of the two-way driveway from 24 feet to as low as 20 feet, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 2.4.7(6)(5) of the Land Development Regulations. SPRAB Staff Report Class El Site Plan and Landscape Plan for 362 NF bra Avenue {CRA public parking Eat) Page 6 Waiver #2 Landscape Strip Separating Vehicle Use Area Move a recommendation of approval of the City Commission of the request for waiver to LDR Section 4.6.16{H}(3)(d) to reduce the perimeter landscape strip from five feet {5'} to as low as two feet (2'), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with Section 2.4.7{B)(5) of the Land Development Regulations. Site Plan: Approve the request for a Class II site plan for 362 NE 3rd Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Sections 2.4.5(G)(1)(b) and 2.4.5(F){5), subject to the following conditions: 1. An additional five feet (5') of right-of-way is required along NE Ord Avenue. Submit the right-of-way deed forms & sketch with notarized signatures for consideration and final approval by the City Commission, prior to site plan certification. 2. A two foot (2') alleyway dedication is required. Submit the right-of-way dedication forms & sketch for consideration and fiinal approval by the City Commission, prior to site plan certification. Landscape Plan: Approve the landscape plan for 362 NE 3rd Avenue based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. Show and label tree canopy from all adjacent properties. There looks to be a conflict between the existing Black Olive on the property to the south and the proposed Adonidia palm. 2. There are a few conflicts with proposed light posts and existing tree canopies. The tree canopies will block a substantial amount of light produced by the proposed light post. It would be suggested to find an alternative location. 3. Provide note on plans and on bid specifications to have all existing trees selectively pruned and all girdling roots removed. This work should be done by a Certified Arborist. 4. Adonidida merrillii is susceptible to lethal yellowing. Please switch this species to Veifchia montgomeriana. They are very closely related but are not susceptible to this lethal disease. 5. The plant palette could use a little more color. There is a lot of shade at this property. Keeping this in mind, I would like to see some accent plantings used such as Croton varieties in bush form (3'x3'), Cordyline varieties (Auntie LoulBlack Magic), Begonia perennials (Joe Hayden/OdoratalTorch), Bromeliads, etc. Attachments: Location Map, Sife Plan, Landscape Plan, Civi! Plans, Photometric Plan Report Prepared By: Candi N. Jefferson, Senior Planner ~° JP ~~' o 0~J cZ.i N.E. 5TH CT. -~F. O~ G~ .-. Q~ ¢ ° o 4~ D ° ~ z N.E. 5TH 5T. ~ ~ ~ _ _ U LLI ~ ~ (J) Li.l Z >i ~ . Z ~ N.E. 4-TH ST. ~ ~ ~ ~ ~ _ ~ ~ w Q Q > > > ~ ~ Q w w a o 0 ~ ~ N•E• 3RD ST. w z z Q O O m m ~ ~ ~ ~. ~ ~ ° ° O O ~ N r} (/) ~ {If ~j Z N.E. 2ND ST. -- DIGITAL &ISE MAP SYSTEM -- MAP REF: 5:\Planning dt Zoning\DBMS\Flle-Cab\T-LM 1000-1500\LM1229_362 NE 3RD AYEhtVE 1~,. 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JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 REQUESTS FOR SIDEWALK DEFERRALS/SEASAGE DRIVE AND TAMARIND ROAD ITEM BEFORE COMMISSION The item before the City Commission is the approval of two (2) sidewalk deferrals along Tamarind Road and Seasage Drive for the Ferrara Residence located within the Seagate Overlay District. BACKGROUND The subject property is 0.341 acres of vacant land within the Seagate Overlay District and is located on thenortheast corner of Seasage Drive and Tamarind Road. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new one-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the rights-of-way along Seasage Drive and Tamarind Road. No other sidewalks exist on either side of either road. At its meeting of January 13, 2011, the DSMG supported both of the sidewalk deferrals. Pursuant to the agreement, the owner will construct the sidewalks along Seasage Drive and Tamarind Road at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of sidewalks along Seasage Drive and Tamarind Road for the Ferrara Residence. Prepared By: RETURN TO: R. Brian Shutt, Esp. City Attorney's Office 200 N.W. lst Avenue Delray Beach, Florida 33444 AG + E1VIE+ I~d"I' ~+ D)ft ~ 1C~ALK I >ft,CD1VIEl~`I'S THIS AGREEMENT entered rota dais day of 2Q_, between the City of Delray >3each (hereinafter the City) and ~i ,v^~ s. ~~ e;~, lam, c.~~~sc;~. f~ r:~~ r ra.. r c~. (lacreinafler the Owners), for the purpose of waiving tlae requirement of tlxe installation of a sidewalk along ~oc~~'~ ic~..cr•,r~,t`;r1c~ ~Puntil such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Develaprnent Regulation Section b.1,3(C) requires the installation of a sidewalk, within. the ~;~,~ ~~:~C~,.Q . ~S,f' right®of--way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installatian of a sidewalk pursuant to Land Development Regulation Section 6.1,3(D)(1)(b); and, WHEREAS, in order to pa•ovide conformity slang the street the City Commission voted to waive the requirement far the installatian of a sidewalk until. such time as the City requests the Owner construct the sidewalk. Page 1 of 3 WITNESSETI~ NOW, THER.I/FOll2.E, in witness of the above and in consideration of the City agreeing to waive the requirement far tlxc installation of ~, sidewall~, at this time, for the p~°aperty located at: _~ ~~ T r,~.rv~c~~or`a_~C~ ~" Sri ~ t~~u.~::.~~ ~' 1..~ :; ~3 ~-~ ~;~ 1. The Owner agrees to construct a sidewalk, at its sale cast and expense, along the `~c~ ~~°~.. S,fia~~;~-R..., ~, ~ right-af--way abutting the subject property, within a time period that is acceptable to the City, after being requested to da sa by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the itltent of the parties that this Agreement shall run with the land. Tlvs Agreement shall be recorded in the public records of Palm Beach County, Florida acid shall be binding on the paz°ties legal representatives, heirs, successors and assigns. IN WITNESS W1dETtEOF, the parties to this agreement set their hands and seals this day of , 20®. ATTEST: CITY OF DELRA'Y ~EACH,11`LORIDA City Clerk >3y: Approved as to form and sufficiency: City Attorney WITNESSES: Mayan OWNER: Page 2 of 3 ,% (Please type or print name) (Please type or print nazrre) STATE Oh' ~°' ) COUNTY O BEFOIIZE ME personally appeared ~ ~ ~'.~,. C`~. i^ ~`~. ~t'.l` f GW~ t' f:3~,. who [is] [are] nally`l~nn time ar [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said. instrument for the purposes expressed therein. WITNESS my hand and official seal this ~, ~ day ofd J f ~20~,. My commission expires: "~c -.% otary Public (si tune) (Seal) ::~ ~;; =•: Y= MY COMM{SSION # DD755759 ';.~.~ ~XP1RE5 pebruary 06, 2012 """ FlorideNatnrysenrfce.com agUside~valk deferral agreement Page 3 ~f,~ Prepared By: RETURN TO: R. Brian Shutt, Esn. City Attaz7iey's Office 2001'1. W. 1st Avenue Delray Beach, Florida 33~t44 AG + >CNIICIV"d' I'C11E~ SILIEWAI,I{ ITVIT'l~~l + 1VI~~~'S THIS AGREEMENT entered into this clay of 20 , between the City of Delray Beach (hereinafter the City) and ~ c' , ~' ~ 1~ ~- Ca,1 c? rXC.~,It C~,S' ~~ f= ~~,~~~_~„~ _(hereinafte~• the Owners), far the purpose of waiving the requirement of the '' ilzstallation of a sidewalk along ; tzc~ r, 7"a rt;c.~ i~r'tzcj R~, until such time as the City requests the 1 P caa~~ lt~. cz,c:-~, ~ ~ t.. construetton of the sidewallc by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installatian of a sidewalk., within the T cr.S`~t~i r;1~.C'~ ~~~ right-af way immediately abutting the subject property, by the Owzzer prior to the issuance of a cei°tificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installatian of a sidewalk pursuazzt to L,ancl Development Regulation Section 6,1.3(D)(1)(b); and, WHEREAS, in order to provide conformity alolzg the street the City Commission voted to waive the requirement far the installatian of a sidewalk. until such time as the City requests the Owner colzstc•uct the sidewalk. Page 1 of 3 WITI~IE~~ETI-I 1'~OW, T>-IEREFORE, in witness of the above and in considet•atian afthe City agreeing to waive the xequirement far the installation of a sidewalk, at this time, for the property located at: ~. 1. The Owner agrees to construct a sidewalk, at its sale cast and expense, along the •f'~r~-~,~~,~; ~,t•~ ~~,~ rightsof-way abutting the subject property, within a titrre period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when canstnzcted, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors a.nd assigns. TI`~l WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20~. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerlc Approved as to form and sufficiency: City Attorney WITNESSES: Mayor OWNER: Page 2 of`3 (Please type or print Warne) (Please type ar print Warne) STATE Op' `--• Bye ~ /~'~G- ,; COUNTY OF ~f`c`?aAr~~, BEF ME personally appeared { ~,~~.. C~.a1(~ ~' C'.>v, ~ ~~' 9' C°~S` C,l_., wha [is] [are] pars y car ~ to me or [has] [have] produced [and respectively] as ident.ificatian, and wha executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument fox• the purposes expressed therein. WITNESS my hand and official seal this . ~ day of ~ • ~) ~' 20~. My cammission expires: c ~° otary Public (signature) (Seal) ~: p'`z ~''~ MY CaMMISSIOPd # DD755759 '~.,' ~v~rtiv'.`'~ ~XPIRE~ February 06, 2012 (407) 396.0165 ,. FloritraNO~nrySc~rvirh e,C6tn ~~~ agtlsidewalk deferral agreernent Page 3 vj3 a u ~ - - - z ~a _ ? a w ~ _ _ %%ii~ - 6'ish££ ~"7N HJV~9 h~'b"l30 W t :lAITIQ ON7iIVtNV.l v - H1VOH I~OISf17F1:)t~['70I578 t+8Ve8~a - ~/~ ~'°J 'Fi `6 'F '6 ~i ~ ~ `~ N ~ ~ ~ ~WQ,] o. o. .K e ~ ~ j [[~9~~J ¢ Y .k v~ i 5 ~ xR ~ ~ ~ N N § ~' ~~~~ a y ~ g ~ p y ~ 7 ~ ~i~ ~~~ g py~~ `~ u. ~ N -.-- 0 3 ~ V d ~ a fV (1 Q 8 1 S d 3 ~ ab'O ~ C1 N I ~i'~ W b'1_ ~- - - - ~ 3 ~ ~ d ~~~ e~~~ ~~NO~~ i O N ~ Q 8 .1. S A M ~~ I ~ I (sss 3~~~ 'sa~oz e r~ a) ~~ j Lri3wssv3 ss3~svr~a-3/~l-wn \l [/ ~ [7C7 ~~ _ _ _ ~ - (as 3cdd ~. ~ ~~an `` I ~~'a o) Lr+3w~ e3 i p e aruv aan~o aiac ~ ~, ~ __ ~ I i I ---- --i r -- ---- -- - _ _ s ~ ~~ ~,` n ll~ U ~i a~ ~ PJ'+ U ~~ C~ z CU ~, J X J W CY] I ^Cl D;aL ^OW~ t-- ^^ (orb^O^g ~.-, ~-, ~~ ~ y - ~ ~f '~ .O SZ __O ~ q^°pS7_O_40O^ i ~- ,~,~, .. . JL J~JLJ -J ~-~ ._, L ,~ ----`-~--§--it------~ ---r.-- ~~--- o 4 ~ ~ ~~ i~ ~ jLtJ ~1 e a _ __ ~ .~ ~* ~o] ,,, r. 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I (j IY ; ~. ull l vu i IIIIII II/ i II ~ u n~i !,,,a' I ~~~ ~ i ~ ~~ ~ n Illllllli Ills lliij I I ;,, ~:, ~ ~ ,. // ~ IIii I /. L%%~ In ~l ~~ ~ I I II+ ~ %i, u r t ~) IL- 1 / .. t Il I A rf / ' ~ ( ~ i r ~ y ~ 'f • i}:, ~y:' i Y ., ~.JN i ~. ~ i ~ ~~ I 4 Ih I~ I VIII Iii , y . . ~ ~ : ~ r , Yi i ~i ,~'. ~. ~ 'i /: ~~ ~ 4i- ~. l,..V!£~ , F~ _ , ~. ; „~~.; ^:..~1 ' .. ~ I, ~,. . ,,,,.o -a ~~ ~~~ ~~ b. a i b : '.. i , j tll j ~ , .~, rl" ~s ' 7W/, i f ,u . llllllllllilll iR ~~ ii . .i r I' I~, ~;~~~~ ~~ ~i ~i„ ~I i ll~ Ill + i l ~. ~. ®, P~AN~ PARTMEN GNING ~~I~~ ~~~ _. _. ~. -- DlG/Ti9L BASE MAP SYSTEM -- ~ ~~ ~ U:\AutaCAiJ\Candi\F~rrrara Residsnoa~+erral MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 REQUEST FOR SIDEWALK DEFERRAL/ 1018 POINSETTIA DRIVE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the Fonfara Residence located at 1018 Poinsettia Road within the Seagate Overlay District. BACKGROUND The subject property is 0.287 acres and contains an existing one-story single family residence which is to be demolished. It lies within the Seagate Overlay District and is located on the south side of Poinsettia Road adjacent to the Intracoastal Waterway (ICWW), just east of Seasage Drive. The property is zoned Single Family Residential (R-1-AAA) and the applicant proposes to construct a new two-story single family residence. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right-of-way along Poinsettia Road. No other sidewalks exist on either side of the road. At its meeting of January 13, 2011, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Poinsettia Road at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of sidewalk along Poinsettia Road for the Fonfara Residence. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 s~t Avenue Delray Beach, Florida 33444 A~12>C>EIVIEIV'I' Y+ ®1~ SII~>CWAI.I~ IIViP'12fJt1>EM>ENTS THIS AGREEMENT entered into this day of 20 ,between the City of Delray Beach (hereinafter the City) and Mr. Robert S. Larose (hereinafter t11e Owners), for the purpose of waiving the requirement of the installation of a sidewall~ along 1018 Poinsettia Road, Delray Beach, FL 3343 until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Develapment Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Poinsettia Road right-of--way imrY~ediately abutting the subject pr°operty, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and., WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement far the installation of a sidewalk, at this time, for the property located at: Address: 1018 Poinsettia Road, Delray Beacli, FL 33483 Legal: Lot 19, Block 5 of Seagate extension, according to the plat. thereof, as recorded in plat book 24, page 67, of the pubic records of Braward County, Florida. 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the Poinsettia Road right-of--way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall. meet all of the cuz°rent ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with. the land. This Agreement shall be recorded in the public records of Palrn Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 24_. ATTEST: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Approved as to form and sufficiency: City Attorney Mayor Page 2 of 3 ,., T ~\i ,,..~,,.._.a...,~~,. , I ~~ t WITNESSES:~S i t OWNER: °`~~~~'~° (Pleas~itypebrprin~'nan7e) I . _ ( ~ ~~ (Please type or pant namc) By. .... ~,. ,~ ~~~~ ~~~ +"~ / ., STATE OF ~ " ~ .'~>';?m~, ~°°'~ ) COUNTY OFD ~-- '_ _ ) BEFORE ME personally appeared ~"~~_~.~~~~..~ ~`.:`~ "'":~~~.~~~~ ~ ~~~~~_~«"~~ who [is] [arc] personally laiown to me or [has] [have] produced _ . ~ ~~ °'. , _ a~m~~ [and , respectively] as identification, and w o executed. the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument. far the purposes expressed therein. WITNESS my hand and official. seal this c~~~ ~~~~~ day of_~_ ~~r" _ 20. My commission expires: ~__ Notazy Public (signature) ~~,Y r , ~ ,..., t~ ~G~t~f W1M... at~f~ (Seal) rm ~ , ~ ,~ My f~QMMl5511~N # I~p 379270 ~; ~. EXF'IRCS: Aprif 9, 2013 ar~~ F,<~`' BonclRd Thru E3uu~iyet NRtary a~f/sidewalk deferral agr'eemerit Page 3 of 3 ,: ~ ~. .. „I o o ~~~ ~ 's I ~ _.i I ~, o C .Q (i. ~. ~,~ ~ r D uii O '.' e U U i ~ ' %/ II ~ ~ .o- . q~ .. ~ r: ~ ~, ~' ~ it ~ r%//~~ it i uu ~ lir, x, iia ~ r~ III i.' ;,, ~~ ., „,. ~,IIII ~ i mf ,, iU!I ~,~ ' ~ .: ~. ~ , ~ ~~ _ ~ i I ~~~ ~,~~~~,~, ~. ;;,. II ... i ~ ,., 'r," i ' u f ~. i ~ u ~ ~~ ~~ „i ~Ir „. ". ;: ~ il ~ ~i, r uu I~ ~,,, "~~ 1 „~~~ ~~ 5 y I ~ . 1 .i ~ ry j n 'm ~ { ~ .~ ., 1, . ;~~, ;ri ;~ ,.. ad ';., ~- ~~. r. r~i~~ i,~ N d t i. / ~.:. n v -. i, " ~. ,w „~~,I III r , , ~„~~~~ ,t7,4 ~ u~lu~ ~ wiii 7 Z ~~;~ ~ W ~' 6 ~ III u I <C ~ ~ ~ [l I firer ,~ . za I ,,,,,,~. ,y, z ouiii i m ' Illlm J CL. 4 II ~ ,.-, ur mu !, ; ;' , uum ,~ 1 i „ V ~ ------------------------------ r- --------------------------~ I I I I ... .. s I I ~~ - £8bEE 1~'HJ`839 AV2313a 'aVOrl VI113SNIOd BfOI r° `p I i ~~I(11~~1IH~?Jb NI~1S~~~lIS d~d~r~o~ ~ wm I I °~ I I I I I I I ~_ a oaf - a ~ a e ~ € ~ ~a~ &~ ~~$ •. ~ . ' ~ ~ ~ a $ 8 ~ C .. o ~ ~ ° W ~ W 5 _ ` ~ 5 j, 5 € ~ W' ~~Sa 3 9 ~ m ~ ~ E ~ma~ , ~ N ~ ~ Y ~ ~ ~ mU ~,a~ ~ _ 8~3~ 9~gg s ~ z' ~ ° ~ ~ 3 ~ ~~~ ii ~" I ~ a I !, ti ~` ~` N g 8 tl & '_ ~ ~ ( i ~_ 3~ ~ I ~ I o ~ C C 8 3 b~ ~~° C~ ~C2 QQ t m 0 x ~ m~ o vvi x 8 z G ~ 5 ~ b ~ W z - u§ ~6 H= Eo YE ~ ~~ ~~ ~ co ~ I -- I I I I ~ I ~ ~ I I ~ i b ~ ~ ~ I I t I i I ~g I ~< I I I I ~~ ~ ' „ss i I I i I ' o- ~~A ~~ ~ I I ~ al ~ I ®^~-.m.®,.~.-rte .-- - 8~~~ --- ~~m ~~ f -p- I € ~ ,~`~ - _._ ~~ _ _ I i I ~ -r ~~. `~ •© ~o T `-- o~ ~ ~ ~~ ~ a I /(( R I I 1 I I 1 o, i ~! I I ~\ I ~I ~, F I ~~~ i ~ ~~ ~~ ~ I ~; ~ , I ~ ~ z I ~ ~ o~ ~ ~ ~' ~ ~ a s I I ~ g'~ ~ ~~ ~ w u I I o o~ !] I I $. ~ c I I I \ ~ ~' S ` / ~ i (~ ~ ~$. I I~ - - ~I - ~~ ~ ~~ a ~ I _ _ u ..y, I I b; ~ 'r' °-~- ~ I / ebb ~~~ ~' , . ~~e .. ® .m. ::~~P°°v-~-. e. ( I ~~~ I I~ 3n(tl ~ ~~~~~s ~~ ~®gY ~~~ a ~~ ~~x I s I /' ~ ~~~~ I ~ °~y ~ ~~o ~ I I o=~ ~ ~ I I ~ l ~ I I ~ ~ I I I ~ ' ~ I I I I I L .. ............................ ......... ..................J MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 8, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 AGREEMENT EXTENSION/ DR. JOHN FLETEMEYER/ SEA TURTLE MONITORING SERVICES ITEM BEFORE COMMISSION The action requested of City Commission is to authorize a one year agreement extension with Dr. John Fletemeyer for sea turtle monitoring through October 31, 2011 for a yearly rate of $38,750.00. BACKGROUND At its meeting of March 1, 2005, the City Commission approved the authorization to proceed with an expanded sea turtle monitoring agreement at an annual cost of $38,750.00 through the year 2007. These expanded tasks required by the Florida Department of Environmental Protection included inspection and excavation of nests in the City as well as 1,000 feet north and south of the City to determine nesting success and mortality. This increased scope of work was required to be conducted through the year 2007. A request to extend this agreement for 2008 - 2010 without the expanded tasks but with added tasks to comply with new initiatives of the U.S. Fish and Wildlife Service was approved by City Commission on February 19, 2008 extending the agreement through October 31, 2010. A renewal of the agreement for an additional year is now before the City Commission for execution. It is noted that this task can only be conducted by the entity having valid permits through the US Fish and Wildlife Service and this vendor is the current permit holder. The attached agreement is limited to one year rather than three years as requested in the attached letter. Renourishment of the beach is planned for March of 2012 and an expanded turtle monitoring scope of work for up to three years is anticipated from FDEP (Florida Department of Environmental Protection). Given the new scope of work the agreement will need to be revisited after October 31, 2011. FUNDING SOURCE The funds for this task are available in the Beach Restoration Fund (Account #332-4164-572-34.90) and are partially reimbursable from Federal sources. RECOMMENDATION Recommend approval of the Sea Turtle Monitoring Agreement with Dr. John Fletemeyer through the 2011 turtle nesting season not to exceed $38,750.00 annually. AGREEMENT THIS AGREEMENT is made this day of , 2011, by and between the CITY OF DELRAY BEACH, FLORIDA (the "City") and DR. JOHN R. FLETEMEYER (the "Investigator") WITNESSETH: WHEREAS, the City desires to engage Investigator's services to monitor the beach for sea turtle nesting activity; and WHEREAS, Investigator will provide those services over the next one (1) nesting season. NOW, THEREFORE, based on the promises and covenants herein contained, the parties agree as follows: 1. Term. This Agreement shall be effective for a period of one (1) year from March 1, 2011 until October 31, 2011 unless terminated as herein provided. 2. Services to be Performed. Investigator's duties shall include, but not be limited to the following: a. For the year 2011, Investigator's duties include: i. Obtain all necessary permits. ii. Monitor the beach every morning between March 1 and October 30 for sea turtle nesting activity and Identify all nests with a minimum of one stake and an information sign. iii. Submit special "take" reports involving any lighting incidents responsible for a hatchling disorientation event. iv. Reports summarizing the nesting should be submitted to the City of Delray Beach. Data for nesting activity should include numbers of nests lost to erosion or washed out. v. Conduct monthly night lighting survey between March and October and work with staff to solve lighting issues proactively. vi. Help City electrical personnel address City owned street lighting issues. vii. Submit monthly status reports to the City's Planning and Zoning Director or his/her designee. viii. Submit a final report annually to the City's Planning and Zoning Director or his/her designee and the U.S. Fish and Wildlife Service as well as to the State of Florida. ix. Provide all necessary materials and supplies. x. Provide all necessary labor. xi. Provide all ancillary services necessary to accomplish the services outlined herein. 3. Fees. The City shall pay the Investigator $38,750.00 per year for one (1) year (2011). The Investigator shall be paid within thirty (30) days after the final report is submitted, reviewed and approved by the City's Planning and Zoning Director or his/her designee. 4. Indemnity; Sovereign Immunity. Investigator shall indemnify and hold harmless and defend the City, its officers, employees and agents from any and all claims or causes of action that may arise out of the services to be performed by Investigator, including but not limited to attorney's fees and costs the City incurs at the trial or appellate levels. The parties understand that the City does not waive its sovereign immunity under Fla. Stat. ~ 768.28. 2 5. Insurance. Investigator shall provide the City with Comprehensive General Liability Insurance in the amount of $500,000.00, Automobile Liability Insurance in the amount of $500,000.00 combined single limit and Worker's Compensation Insurance as required by State Statutes. Investigator shall name the City as an additional insured on the Insurance Certificate. 6. Independent Contractor. Investigator is an independent contractor. Investigator or its employees are not employees of the City. Investigator, as an independent contractor, is solely responsible for its inspectors and shall be responsible for all terms and conditions of their employment including the payment of taxes as required by law. 7. Transportation. Investigator shall provide all transportation and pay all costs associated therewith. 8. Termination. Either party may terminate this agreement upon thirty (30) days written notice to the other for any or no reason, provided however the indemnification and insurance provisions shall remain in effect after the termination of the contract for a period of one (1) year. If a claim is made within the one-year period, then the indemnification and hold harmless provision and insurance provisions shall continue until the claim is resolved. 9. Notices. Any notice or communication under this agreement shall be in writing and may be given by registered or certified mail. If given by registered or certified mail, the notice or communication shall be deemed to have been given and received when deposited in the United States Mail, properly addressed, with postage 3 prepaid. If given otherwise, than by registered or certified mail, it should be deemed to have been given when delivered to and received by the party to whom it is addressed. The notices and communication shall be given to the particular parties at the following addresses: City: Paul Dorling, Director of Planning and Zoning City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 Investigator: Dr. John R. Fletemeyer 809 Cordova Road Fort Lauderdale, FL 33316 10. Venue; Laws. This Agreement shall be construed under the laws of the State of Florida with venue in Palm Beach County, Florida. 11. Modification Except as expressly permitted herein to the contrary, no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and equality of dignity herewith. 12. Entire Agreement. This is the entire Agreement of parties and modifications must be in writing and executed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: By: City Clerk CITY OF DELRAY BEACH, FLORIDA By: Nelson s. McDuffie, Mayor 4 Approved as to legal sufficiency and form: By: City Attorney WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH Dr. John R. Fletemeyer By: The foregoing instrument was acknowledged before me this day of 2011, by He/She is personally known to me or has produced of identification) as identification. (type Notary Public -State of Florida 5 Dr. John R. Fletemeyer 909 Cordova Road Fart Lauderdale, Florida 33316 October 28, 2010 Mr. Scott Pape Senior Planer Delray Beach Planning and Zoning Dept. 1001V.W. 1St Ave Delray Beach, Florida 33444 Re: Sea Turtle Contract Renewal Dear Scott, ~~,: ~L1~r ~ ~ f~~ I would like to request a three year contract extension on the Delray Beach Sea Turtle Monitoring Program. Despite some additional costs, I am able to conduct this program at the same rate for the next three years providing that the monitoring tasks as defined in my previous contract remain the same. Having worked on this project for 25 years, I am looking forward to working with you and Paul through 2013. Please note that I recently moved and my new address is 909 Cflrdova Road, Ft. Lauderdale, Florida 33316. Sin rely, ~. s D . hn R. Fletemeyer MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 DISASTER RECOVERY INITIATIVE (DRI) HOUSING REHABILITATION GRANT CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation contract to be awarded to the lowest responsive bidder. Funding for the project is through the DRI Housing Rehabilitation grant. BACKGROUND Approval is requested for one (1) Housing Rehabilitation contract to be awarded to the lowest responsive bidder for the following projects: ^ 808 SW 11th Terrace/Ray Graeve and Sons Construction, Inc./$31,780 =Total Rehab Cost: $33,723.21 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder(s), plus a 5% contingency. Included costs of rehab are lead-based paint inspection, lead abatement, lead clearance, termite inspection, termite treatment, and recording fees. Additional cost may be incurred for lead clearance test(s). The contingency may be used for change orders and all unused funds will remain with the DRI Housing Rehabilitation program. Inspection of work is done by the Department of Community Improvement's Building Inspection and Neighborhood Services Division. Contracts are executed between the building contractor and the property owner. The City remains the agent and this office monitors all work performed by the contractor, ensuring compliance according to specifications and program guidelines. Pay request forms require both contractor and homeowner's signatures. Grant recipients have met all eligibility requirements as specified in the approved Policies and Procedures. The rehabilitation activities will bring the homes to minimum code requirements by repairing the roof, electric and plumbing systems and correcting other incipient code violations. Detailed work write-ups and individual case files are available for review in the Neighborhood Services Division Office. The Neighborhood Services Division is responsible for ensuring that the housing rehabilitation contracts are awarded to the lowest responsive bidder, as a result of a formal bid process. Therefore, an in-house policy was created to limit awards to the lowest responsive bidder as it relates to the Division's professional in-house estimate. This serves to disqualify unreasonably low bids and therefore protect against the resulting change order requests. FUNDING SOURCE Disaster Recovery Initiative 118-1960-554-49.19 RECOMMENDATION Staff recommends awarding one (1) Housing Rehabilitation contract for $33,723.21 to the lowest responsive bidder. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 10-2010NS APPLICANT: Alberta Morris PROJECT ADDRESS: 808 SW 11th Terrace DATE OF BID LETTERS: April 1, 2010 DATE OF BID OPENING: April 23, 2010 GENERAL CONTRACTORS A.P.I. Construction Inc. BID AMOUNT BID BOND Abisset Corporation Action Home Remodeling All Phase Contracting Inc. Built Solid Construction, LLC. Citywide Construction Services 36,380.00 no CJ Contracting LLC. 41,691.00 yes Cordoba Construction Co., Inc. 33,640.00 yes David J. Thyng, LLC. Decon Environmental & Engineering, Inc. 43,645.00 yes East Coast Restoration Gadsden Property Investment, Inc. Haywood Construction Hogan Brothers Construction International I.Q. Constructions, Inc. Jemstone Construction Group,LLC Lelack Construction Ray Graeve & Sons Construction, Inc. 30,780.00 yes South Florida Construction Services, Inc SRJ Construction Corp. StarMark Properties, Inc. Sun Band Builders Construction, Inc. In-House Estimate: $ 31,650.75 CONTRACTOR AWARDED CONTRACT: Ray Graeve & Sons Construction, Inc BID/CONTRACT AMOUNT : $ 30,780.00 Contingency $ 1,000.00 $ 31,780.00 Lead Inspection 500.00 Lead Clearance 25.00 Termite Inspection - Termite Treatment Drywood Treatment 1,329.01 Subterranean Treatment - Recording Fees 89.20 GRANT CONTRACT AMOUNT 33,723.21 FUNDING SOURCE: DRI Account # 118-1960-554-49.19 COMMENTS: Awarded to lowest responsive bidder. (/7 t ~ O ~ O ~ N N ~ Q W Q Q Q O F W F N O F f7 .. Z ` N W Z ~ ~ w o a z' z o a O ~ 0 0 0 m o a m m ~ ~~ U ~ ~ ~ c U en ~ c Z 2 0 U ~ ~ U ~ c ~U ~ 1 dl V` U ~ o U a ~ C7 c wl ~~ ~~ o e 0 a °° 2 ~ ~ - - - U o U ~ o U U ~ F» U a . ~ U m U o ~ a Q Z ~ K Q U Q 2 ~1 ~ _ _ . . . _ _ _ . . _ . _ (p f0 W f0 W O O ~ ~ N .- U lL U > U i N N ~ O O N (/i d O 0 ~ E D O O N ~ L J J ~ W N O U 9 N O ~ 0 d 0 '00 U ~ O O O - ~ (n .- ._ d L Q ~ ~ O . (n L N ~ O W ~ O N O T ~ U O fa W d W ~ y V W O .O ~ = ~ 0 ~ ~ H ~ O ~ H U O ~ T O( W O = O W w U 0 N ~ ~ ~ m m ~ L m c ' m m m ~ m c ~ m m m m m m m m m m 0 O C7 ~ K m ~ n 5 ~ K = ~ _ m a ~ K ~ K n 5 ~ m ~ _ m a ~ K n 5 n 5 ~ K ~ K n 5 n 5 ~ K ~ K E cn a m ~O c O O Z m MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 10, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 MARCH COMMISSION SPECIAL/WORKSHOP MEETING DATE CHANGE ITEM BEFORE COMMISSION The item before Commission is to reschedule the SpeciaUWorkshop Meeting on March 10, 2011 to March 8, 2011. BACKGROUND At the February 8, 2011 Workshop Meeting, the Commission discussed changing the date of the March SpeciaUWorkshop meeting from Thursday, March 10, 2011 to Tuesday, March 8, 2011. The reason for the change is that a City election will not be held on Tuesday, March 8, 2011 due to all candidates being unopposed. RECOMMENDATION Recommend Commission approval to reschedule the SpeciaUWorkshop Meeting on March 10, 2011 to March 8, 2011 at 6:00 p.m. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 RESOLUTION NO.OS-11 ITEM BEFORE COMMISSION Resolution OS-ll modifying the Financial Review Board. BACKGROUND Resolution OS-ll includes the following changes to address conflict of interest concerns the Commission has discussed previously as well as concerns with the nature and scope of some of the studies undertaken by the Board last year. • The duties of the Financial Review Board shall be carried out under the direction of the City Manager (or designee) and/or the City Commission. The Board will undertake reviews or take action in furtherance of such reviews as approved or directed by the City Manager or City Commission. • No City employee shall be eligible to serve on the Financial Review Board. • Any person who is appointed to the Financial Review Board, who is also an officer, director or member of another organization, shall be prohibited from personally or directly lobbying, while a member of the Financial Review Board, any member of the City Commission for funding or services on behalf of that organization. RECOMMENDATION City Commission approval of Resolution OS- ll . RESOLUTION NO. OS-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTIONS 55-09 AND 58-09, WHICH ESTABLISHED THE RESPONSIBILITIES OF THE FINANCIAL REVIEW BOARD AND ITS MEMBER REQUIREMENTS, TO CLARIFY THAT THE BOARD'S DUTIES SHALL FALL UNDER THE DIRECTION OF THE CITY MANAGER OR CITY COMMISSION AND TO RESTRICT THE MEMBERSHIP OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend Resolutions 55-09 and 58-09 to provide that the responsibilities and duties of the Board shall fall under the direction of the City Manager, or his/her designee, and/or the City Commission; and WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to prohibit employees of the City from serving on the Financial Review Board to reduce the possibility of a conflict with the employee's employment; and WHEREAS, The City Commission of the City of Delray Beach, Florida desires to prohibit officers, directors and members of organizations, who are appointed to the Financial Review Board, from lobbying, while a member of the Financial Review Board, the City Commission for funding or services on behalf of their organization, in order to reduce the possibility of a conflict of interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the responsibilities and duties of the Financial Review Board, as set forth in Resolutions 55-09 and 58-09, shall be carried out under the direction of the City Manager, or his/her designee, and/or the City Commission. The Board shall undertake the reviews or take action in furtherance of such reviews as approved or directed by the City Manager or his/her designee, or the City Commission. Section 2. No City employee shall be eligible to serve on the Financial Review Board. Section 3. Any person who is appointed to the Financial Review Board, who is also an officer, director or member of another organization, shall be prohibited from personally or directly lobbying, while a member of the Financial Review Board, any member of the City Commission for funding or services on behalf of that organization. Section 4. Section 2 of this Resolution shall not apply to the present term of any members currently on the board. PASSED AND ADOPTED in regular session on the day of , 2011. MAYOR Attest: City Clerk RES. NO. OS-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 10, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 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 January 31, 2011 through February 11, 2011. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: • The item must be raised by a Commission member. • By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of February 9, 2011 A. Approved (6 to 0, Svetlana Simon absent), a request to modify the master sign program for the Plaza at Delray to allow their corporate colors and to add a second flat wall sign for I-Hop at the Plaza at Delray, located at the northwest corner of Linton Boulevard and Federal Highway (1560 South Federal Highway). B. Approved (6 to 0), a request for a color change for the remaining 83 units to be built within Gramercy Square, an existing multiple family residential development, located west of Military Trail, south of West Atlantic Avenue (5052 Chrystie Circle) C. Approved with conditions (6 to 0), a request for a color change for Off the Ave, an existing commercial establishment, located on the east side of SE 5th Avenue, just south of East Atlantic Avenue (19 SE 5th Avenue). D. Tabled (6 to 0), a request for a color change for TD Bank, located at the northeast corner of SE 5th Avenue and SE 10th Street (969 SE 5th Avenue). E. Approved with conditions (4 to 2, Rustem Kupi and Roger DeCapito dissenting), a Class I site plan modification and architectural elevation plan associated with the relocation of an existing awning to the main showroom building for Sherwood Pontiac, located on the west side of South Federal Highway, south of Linton Boulevard (2400 South Federal Highway). F. Tabled (6 to 0), a Class II site plan modification to allow re-surfacing an existing parking lot and associated waivers to the landscape requirements for Alberta Beale, Inc, an existing multiple family residential development, located at the northwest corner of SE 5th Avenue and SE 1st Street (90 SE 5th Avenue). The Board suggested that the applicant reduce the width of the parking stalls in order to increase the width of the perimeter landscape strip. G. Approved (6 to 0), a Class III site plan modification and architectural elevation plan associated with a 558 sq. ft. addition to the equipment room at Comcast, located on the east side of SW 4th Avenue, between SW 10th Street and Linton Boulevard (1595 SW 4th Avenue). H. Tabled (3 to 3), a Class III site plan modification associated with a 355 sq. ft. expansion of an existing kitchen into an adjacent bay for Cafe de France, located at the southeast corner of East Atlantic Avenue and SE 1st Avenue (110 East Atlantic Avenue). No other appealable items were considered by the Site Plan Review and Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action: L Recommended to the City Commission approval of a waiver (6 to 0), to allow a flat wall sign on the South elevation of the Advanced Auto Parts building within the South Delray Shopping Center, located at the northeast corner of South Federal Highway and Lindell Boulevard (3003 South Federal Highway). Historic Preservation Board Meeting of February 2, 2011 1. Approved with condition (6 to 0, Pam Reeder absent), a request for a Certificate of Appropriateness and variance associated with the installation of a swimming pool, hardscaping, and fence for a new single family residence located at 150 NE 1st Avenue. The variance is to place the swimming pool 10' from the front (north) property line, whereas 25' is required. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ,~ z) FEBRUARY 15, 2011 ~N~~n,~~ ~ '- ~ ~ ~~ PLANNING AND ZONING ~~~ LQCAT~QN MAP ~F~~ ~ acn~E DEPARTMENT SPRAB: HPB: A. IHOP AT PLAZA DELRAY D. TD BANK G. COMCAST 1. 150 NE 1ST AVENUE E'. GRAMERCY SQUARE E. SHERWOOD PONT/AC H. CAFE DE FRANCE C. O;=F THE AVE F. ALBERTA BEALE. INC. -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\2-15-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 CONTRACT AWARD/ CHAZ EQUIPMENT ITEM BEFORE COMMISSION Approve an award to Chaz Equipment in the amount of $24,000 for emergency repair of a 10" Force Main on Lowson Blvd., just west of Congress Avenue at the Abbey Delray entrance. BACKGROUND On the morning of February 7, 2011 (Monday), Utilities staff was alerted to a developing sink hole with some minor flooding conditions on Lowson Blvd, just west of Congress Avenue in front of the main entrance to Abbey Delray. Utility crews responded immediately and suspected a breach on a force main. Field investigation identified a failure on a 10" cast iron force main pipe. In-house crews were able to replace an approximately 20' section of failed pipe before the evening's peak flow, and the roadway was semi restored and passable to vehicular traffic. Due to the extraordinary efforts of our in- house resources in providing this temporary quick fix, the nature of this emergency situation could be temporarily downgraded. However, a more permanent and reliable repair was required in order to eliminate any future failure situations on the pipe, specifically at this location in front of the Abbey Delray entrance. To expedite the repairs, staff requested formal quotes from the same three vendors as on the emergency raw water main repair on SW 10th Street. The repair scope of services would encompass replacing approximately 160 LF of pipe, by-pass pumping as necessary, and restoration of all affected roadway and Swale areas. Official quotes were received in Purchasing the following day as follows; Chaz Equipment in the amount of $24,000, Intercounty Engineering at $37,000, and Johnson-Davis in the amount of $40,000. Staff requested and the City Manager approved awarding to Chaz Equipment as the lowest responsive bidder to proceed with a proper repair. FUNDING SOURCE Funding is from account #442-5178-536-63.51, Water and Sewer Renewal & Replacement/ Sewer Mains in the total amount of $24,000. RECOMMENDATION Staff recommends award to Chaz Equipment in the amount of $24,000 for the emergency repair of a broken force main on Lowson Blvd in front of Abbey Delray. tE ~' - g ~. „~ 1._~ ~_ ~ I_f ~_1 f '~~''j 1. ~ _~~ 1-~ Crir~i-teorlnc~ Corjtr~tctor ~n i~roposai 1'a: Ms. Patsy Nadai Purc#~asinc~ Dei~arttt~ent City of Ueiray Beacit 100 N W 1st Avo betray t3eacit, FL. 3344~i bats: i=ebrtti°ay ~, 2011 ~~~rr~rrc~e~tcy ~~rit~r~v~ f ~' L:i I rretOf~a~'~~C1` '~®" ~iVl ~~ Et~®w~c~~ ~Ivti i~ oit ~,:~ ~D ~~~4~~~~ii~tl~ a~ rr~e~tari~e~. A[I ~ai~ii~e~ r~a'i:~~lal ~~~~rti~heti by Cf~~~ 5carts includes; Mobilization, Sawctd / remove pavemnl, Remove and dispose of 100 If of existing I]lP main replace with new 10" C-cJ00 (green) main. Rastaraiion of pavetttnt as requirad to like or bettor condition. Ail piping material !and Maintenance of Traffic furnished icy Chaz. Scare of work per as per on-site ciiscusslon with Scott Salomon (City of pelray i3each) artd Gary Czajkvwskl (Chaz Ecl~tipment}. ~ 2~t,000,00 31F3(? 1=airlano t=€~rrtts l~torTCl, Saito 1 Wallirtgtott, 9~iorida 33414 'r~l: (501) 333-210 lax. (aG1) ~~~-~~~~ 'f otai faump Srirn Price ~ 2,000.00 Pricing in base bid is far 160; should aclclitional pi}>ing be Add Alternate; reciftired based on differing site conditions it wilt be charged at X120.001 Ll= as measuracl in the flelcl Prices ittclttcfo; Labor, CctTtipmentaitci Materiai far remavall instaliation and restaratiort as ractctired; t3yl>ass pumping COnll)lellOTl ~t[tle: Work to kae coittpleteci within b cal ciar days after Issuance of NTf sy City of Delray Respectfully St-bmit(ect by: t_. __. l-iowarcl Wight, Vice President z~anott t©:s9:nn>tis INTERCOUNTY ENGINEERING, ING. I92S r~i' 18 Street Pompano Bcaclt, TL 33069 Contact: Lori S. Roy, llstimatot• I'Itonc: 954-972-9800 crt 203 Fax; 954-974-0042 cote '1'0: City of Delray Beach 434 S Swinton Avenue Delray I3eaclt, PL Phone: 561-243-7309 Fax; No survey or aS-bunts Material available S ~ti=orE~utg days from NTP .lob Nance: 10" Porcc Main Emergency Repair Date of Plans: Nona Revision Date: ITEM DESCRIPTION QUANTITY IJMT 1 mobilization I.00 LS 3 Remv oxtg 14" DIP & reel w/ ] 0" C90D FM 160,00 LF 4 MOT 1:00 LS 5 Asphalt restoratin 1,40 LS 6 Striping lA0 I_S 7 Sod restoration E.00 LS GIiAISI3 TOTAL 537,000.00 1~Q'I"1:5: Unit price of 10" 0900 DR-113 per Li' $150.00 incltEding MOT and restoration asstutting similar conditions. Page 1 of 1 ~~ Feb. 8. 2011 10:00A1~ ~~ ~ ~~ (~ Johnson-Davis Inc. ~G'GVI~CfA9d CIJ-ca43o87 .February 8, 241 l Ms. Patsy Nadal City of Aelray Beach Purcltasing Dept. 100 N.W. 161 Ave. Delray Beach., P~ 33444 JZe: t0" Forcerraair-12eplacement-Lowson~ ~ilvd. Dear 1v1s. Nadal: i~o, $715 P. 1 As per ou5ite meeting held on I14onday afternooXa Pebruaity 7, 2011, the Following is our lump Surrz quote for wprk discussed. Scone o_f_Wo_rk • Mobilize and set main~tenaz~ce of traffic • Schedule shukdown and set bypass pump wikh backup unit • Ren~ave 1$0' ~ l4" forcemain and replace with PVC C-9(34 • Reconnect to existing foreemain • Repair asphalt witlx minimum 16" litzae rock base and 1,5" asphalt with surface • Repair aray sod disturbed • SE~pply passattg testing results • Maintain 2 way traffic on Lowson Blvd and Abby Delray • l7ispose of removed pipe Total Lump Sum kxzce X40,000.00 Lk' t+nit price for footage ovex 1$0' if $ifl0.44 The above price excludes the cost of performance and paymenk bonds. Please contact our aB"tce with tl7e bid t•esulz. St` r~cerEly, ,~ .~ Scott J Jol~s~son President $~Q~6 !t>Vl~l~ O ~»~ Cpcvtzafir~.Gf3?L + -G{ijLGCP~~Of~iILC~~~~f.Gcltli.P.b ~ ~~+s`~~°'~ ~ ~ f' 6'' C ana, FL 33462 - t'hone: 561_589-1170 • SAX 661-585-5252 ~~~ Received TimeFeb. $, X011 10~.~03ANi {~~o. 1458 .. ~%rtp~si'~ ~x Fierce OHiCe; 8g3 S, Kings Hwy - Ft. Pierce, FL 34945 • Phnne; 772-466-920p -FAX ?72~d68-8202 ~~ 0 N Q z Q U W z w LOCATION OF ~ o FORCE MAIN Q Y REPAIR 0 ----- --- o ~- ~ N o L O W S O N B L V D ~ ~~. N ° S ~ ~ ~N W. i i i o ~ ~ ~ 'o ------------ Q U ~/ (~ o j ~ ~ °~' o Q W 0 rn 3 z ABBEY DELRAY ~ ~ N o ~ N ~ z O ~I ~ N 0 0 a a> ~~ ~ ~ U T C U N W o S. W. 11TH COURT i 0 N ~ S. W. 12TH CT. °' Z W i •~ CITY of DELRAY BEACH EMERGENCY FORCE MAIN REPAIR DATE:02/09/2011 ~d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ®® 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a 20, t-oar 1 of 1 ,~ MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi, Deputy Director of Public Utilities Richard C. Hasko, PE., Environmental Services Director THROUGH: David T. Harden, Cithy Manager DATE: February 10, 2011 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 CONTRACT AWARD/MULTIPLE VENDORS ITEM BEFORE COMMISSION Approve awards in the net amount of $115,159.59 for the emergency repair of the 36" Raw Water Main at the intersection of SW 10th Street and 15th Avenue. Specifically, contract awards are to Rangeline in the amount of $34,400 for installing aline-stop, HD Supply Waterworks LTD in the amount of $15,859.59 for material, and Intercounty Engineering, Inc. in the amount of $64,900 for performing the repair. BACKGROUND On the morning of January 31st, 2011 (Monday), Utilities staff was alerted to a sink hole with flooding at the intersection of SW 10th Street and 15th Avenue. Utility crews immediately responded and suspected the 36" Raw Water Main providing raw water from the Morikami and Golf Course well- fields. The main is type HDPE (plastic) pipe. To control the flow of water to allow crews to investigate the situation, the wells at these well-fields had to be temporarily taken "off-line". A thorough investigation revealed that one of the welded seams on the 90 degree bend at the intersection had failed. By late afternoon, crews had the water flow reduced to a minimum and the surrounding area secured with barricades; however, the respective wells could not be placed back "on-line" until the line was repaired. Staff reviewed the site conditions and situation. They found that the downstream in-line isolation valve on the main was inoperable. With the wells off-line at the well-fields, backflow from the treatment plant still occurred. Before any repairs could begin, the flow in the main needed to be completely stopped. To accomplish this, the installation of a "line-stop" was required. Only after stopping the flow in the main could the replacement of the failed in-line isolation valve and the repair work on the upstream main break occur. For the installation of the "line-stop", staff received quotes from two vendors; Florida Flow Control in the amount of $32,150 (plus $1,250/day) and from Rangeline in the amount of $32,500 (plus $950/day). Rangeline could respond immediately while Florida Flow Control could not respond until later that week. Considering the emergency situation, staff requested authorization from the City Manager to approve Rangeline, which he granted. Rangeline was on site by the afternoon performing their scope of work. Their total cost came to $34,400 ($32,500, plus 2 days). Staff solicited a quote from the City's approved pipe material supplier for the replacement 30" isolation valve and pipe spool pieces. HD Supply Waterworks LTD's quote was in the amount of $15,859.59. Staff requested approval for this purchase, which the City Manager granted. City in-house crews were able to perform this work, saving labor and equipment costs. The actual repair of the pipe was beyond the capabilities of our in-house resources. Staff contacted three contractors that are prequalified by the City for "underground" work for a quote to perform the necessary emergency repair (to include all labor, material, and equipment). Staff received quotes from Johnson-Davis Inc. in the amount of $129,500, Chaz Equipment Company, Inc. at $65,500, and Intercounty Engineering Inc. in the amount at $64,900; the last two vendors are currently performing work on other City projects. For this repair work, staff requested authorization to use Intercounty Engineering. The City Manager's office approved. The final repair consisted of dewatering the site, removing the damaged HDPE bend along with approximately 60 LF (30' on either side of the bend) of existing section of poly pipe, replacing it with ductile iron pipe, and restoration of the site, which includes roadway, sidewalks, and sod. FUNDING SOURCE Funding is from account #442-5178-536-63.50, Water and Sewer Renewal & Replacement/ Water Mains in the total amount of $115,159.59, after a budget transfer. RECOMMENDATION Staff recommends approving the following contracts for this emergency repair of a broken raw water main at SW 10th Street and 15th Ave; Rangeline in the amount of $34,400 for line stop services, HD Supply Waterworks LTD in the amount of $15,859.59 for replacement valve materials, and to Intercounty Engineering in the amount of $64,900 for repair of the raw water main, for grand total of $115,159.59. ~ - - ..-- -- ... _.. l ~ ~_-~_~~ January 31, 2011 City of Deh•ay Beach Solomon~mvdelravbeaeh.com Attn: Scott Solomon Phone: 561 243-7309 Fax #: Re: Single 30"Line Stop - "Emergency" Rangeline Tapping Services, Iuc. can provide the materials (JCM, Smith Blair or Romae Brand Line Stop fittings) and perform the following: Quantity Size Pipe Single Line Stop Doable Line Stop Line Stop Equipment Overnight Type ~'Vater ~Iain XXx 1Vlain charges (80 PSI or less) (80 PSI m• less} 1 30" DIP $32,00.000 N/A $950.00 per day Prices are based on: • Normal daytime hours {7:OOAM- 7:00 PM) Monday through Friday. Technician{s} will have a $100.00 per hour overtime charge. • Please allow 2 - 3 days notice for scheduling to insure availability. • Rangeline will allow (2} days or less to complete the quoted tivork. • Rangeline will allow (2) Mobilizations/De-Mobilizations to the job-site. Additional trip will be $550.fl0 per trip. • Rangeline will allow the Line Stop to be left in place for (1) day(s) or less. Each additional day will be charged as noted above including weekends. • If the type ofpipe changes from what we have quoted above, prices and scheduling may vary. Contractor or Municipality is responsible for verifying the type of pipe and it's O.D. • Stand by charges will be billed at $100.00 per hour /per technician. Ran cline can also erform the followin Wet Ta s: Quantity Size Pipe e Complete w/ Materials, Install Test & Ta Install, Test & Tap excludin materials *Test & Tap Prices are based on normal daytime hours {7:OOAM- 7:00 PM} Monday through Friday. Price iucludes "Sales Tax" on supplied material. • *When customer installs material and it does not pass pressure test, $100.001 hr wil! be chaa•ged for re- work. Rangeline Tapping Services, Inc. P.O. Box 270755 • Rayal Palm Beach, FL 33829 Phone: (800) 3a6~5977 ~ Fax; (569} 683-0992 ~- - .lt # -- Please see the attached page for the crrstonter's respojtsibility. Additional charges maybe added far ID badges, security check-in or job postponements due to site events. Above costs do not inclttde office expense for extensive contract agreements. Sub-Contract agreements (FVhen requu•ed) must be received by Rangeline Tapping Services, Inc, prior to starting work. Rangeline will not be responsible for meeting any requu•ements stated in a Sub- contract agreement after the proposed work has begun. Certificates of insurance with contractor as a certificate holder can be provided at no cost. Adding contractor as additional insured cannot be done unless we have a written contract with your company. Coverage required above the limits of our policy is not included. Quotation is valid for 90 days. No refainage allowed. If you have any questions, please call me at 40'7-453-1060. Thank you for the oppot•tunity to quote your project. _ ~~_ `'_'Y `~ Gregory J. Forrshi Regional Service Line 1Llanager P1eaSe VISit OUr WebSlke ~~ WWW.t'~11~eline.eOt11 Rangeline Tapping Services, lnc. P.O. Bax 2?0955 • Royal Palm Beach, FL 33429 Phone: (800) 346-5979 • Fax, (569) 683-0992 RAN~ELIPd~ ~~ ~ ~ ~~ ~~ CUSTOMER IS RESPONSIBLE FOR THE FOLLOWING: Q Flow rates of 1 ft/sec for Single position Line Stops or 3 ft/sec for Double position Line Stops shall not be exceeded. Q Excavating, de-watering, shoring, and/or scaffolding of job area, all of which must comply with OSHA standards. Q Scheduling inspectors and obtaining permits as necessary. Q Labor assistance of _1_ man to be supervised by Rangeline Technician(s). Q Lifting services ifnecessary. d Chain fall system if necessary. C~ Concrete pipe anchor or mega lug joint restraint system if required. C•~ Concrete support for the Line Stop Fitting if required. Q O.D. measurements prior to scheduling. Q Pipe wall thickness prior to scheduling. Rangeline Tapping Services, Inc. P.O. Bax 2?0?55 ~ Rayal Palm Beach, FL 3342? Phone: (800) 348-597? ~ Fax: (567) 683-0992 - - - Rangeline Tapping Services, Inc. Terms and Conditions 1. This quotation is issued and based upon all information provided by the Cttstonter. 2. All prices quoted are subject to current safes and use taxes, Arty increase or enactment of nesv sales, use, excise or sitnilar tares shall be for the account of Customer. 3. The prices quoted above are based upon the quantities, sizes and operating rnnditions as listed above. Any changes in gt><vttities, sizes or operating conditions of the system will void this quotation and a new quotation will be isstred an the basis of cltattged information ar operating conditions. Any projects that are booked and in progress that require changes in the quantities, sizes and/or operating conditions that differ ~i~th this quotation will be subject to pricing changes based upon new data related to the project. 4. The base price quoted is the rninimutn charge for the number of days allowed and is not subject to pro-ration for work completed early. `fime on site for calctilating the base period and the additional days carnmences the day the technician ar equipment are on the job site, acrd ends ~tvlten equipment leaves the job site or customer's custod}=. An}= additional da}=s the equipment is on the job site will 6e paid by G~cstomer at the per day charge quoted. IVltan jobsite or travel days fall on weekends or holidays, the price quoted will be increased according to the job value. 5. Rangeline shall not be held liable for any back charges ~~nthout prior written consent of Rangeline. Rangeline does not guarantee that the placemen# of the Line Stop head(sj into the pipe system the first time will provide a "~~orkable" shutdo~~m, In the event it is necessary for Rangeline to remove the Line Stop head artd replace a seal and make any adjustments to the head/equipment such activity shall not be considered a delay of work at the job site. 6. Rangeline makes every effort to ensure "OSHA" safe workictg conditions for its etnployees. Customer agrees and shall provide Rangcllnc employ=ees with safe working conditions prior to entering the work place. 7. Rangeline eanrtot take responsibility for actions other than its oc`~rt emplo}yes. Rangeline will be liable and wi[I hold Cttstorner harmless from the compensatory but not consequential damages caused solely by defect in Rangeline's equipment or caused solely by the negligence of Rangeline emplo}~es in the operation of the equipment. All otiter losses, costs, expenses, liability, or damages arising from or connected with the performance of the work will riot be the responsibility of Rangeline and customer wilt indemnify and hold Rangeline harmless there from. 8. Rangeline makes uo warranty on any purchased products. Please refer to tnanufacturer for details or warranty. 9. Rangeline may provide Tapping and Stopping equipment and t}te technician to operate Rangeline Equipment. Customer is responsib[e for pravidirtg al] other equipment, supervision and labor necessary to complete the work including inspection, testing, safety and control, equipment, tools to lifl, move, etc. Ip, Customer shall pay for all costs and expenses incurred by Rangeline because of resclredulirtg or cancellation 6y the ettstomer, 11. T7te supply of bid and ar performance bonds is excluded. ~Ve supply these bonds only when specifically stated on the quotation. 12. Any invoice unpaid for more than 30 da}5 will be subject to the tnarimum finance charges allowed by applicable state law, Rangeline does not allow retainage an any invoices. i3. Clerical errors are subject to correction. l~I. Notwithstanding these terms and conditions or any amendments thereto or teens and t:andi#ions of the customer who may be deemed part of this agreement, Rangeline shall not be liable for any losses, costs, expenses, liability or damages arising from or connected with the perfonuaace of the work not covered by Rangcline's liability insurance in etleet at the time of such loss, etc„ and Customer shall ]told Rangeline harmless for any loss, etc., in excess of coverage. Rangeline wil[ provide Customer a certificate of its liability insurance upon request. 15. In the event it becomes necessary for Rangeline to retain legal counsel to enforce its rights the customer agrees that it shall be responsible for payment of all reasonable attorney's fees, expenses and costs incurred. Rangeline Tapping Services, Inc. P,O. Box 290955 ~ Royal Palm Beach, F[. 33429 Phone: (800) 34&-5979 ~r Fax; (569} fi83-0992 www.floridafiowcontrof.com PROPOSAL Attn: Mr. Scott Solomon Date: 1131!2011 Gity of ©eiray Beach Proposal # 01312011-2 Via Email; solomon@ci.delray-beach.fi.us Location and Job Name City of Delray Beach _ 30" Single line Stop UNIT NO pESCRIPTION QTY UNIT PRICE AMOUNT 1 Single 30" Line Stop 1 EA 35,650.00 $35,650A0 '~ on DIA Raw Water Main * Pricing inclusive of 48 hours on-line. Additional days on-line are at an additional cost er da . 1 Day 1,250A0 TB© Proposal Total Amount TBD Notes: 1 All Permitting, MOT, Excavation, De-Watering, Shoring, Compaction and Restoration to be by others. 2 Quoto is for work on I]IP, CI, or C900 with standard O©, unless otherwise specified. 3 Price is based on one mobilization. Additional mobilizafians may be charged at an added rate per each. 4 If Phis agreement is terminated after FFC has commenced work on-site or within 12 hours of the project work, FFC shall be reimbursed reasonable out-of•pocket expenses inciuding mobilization and equipment costs. 5 Lifting f rigging device to be provided by others 6 Florida Flow Control is a licensed Florida General Contractor. Respectfully Submitted by: ~~ Florida Flow Control 3180 Fairlane Farms Road, STF 2 Wellington, Florida 33414 Accepted by: Title: Date: Majtenyi, Victor From: Solomon, Scot# Sent: Tuesday, February 01, 2011 8:32 AM To: Majtenyi, Victor Subject: FW: Erriergency 30" Linestop -update Florida Flaw Control Follow Up l`lag: Follow up Flag Status: Flagged Categories: Red Category Fram: Felipe Lofaso Cmaiito:FelipeCc~FlorldaFlowControl.cam] gent: Tuesday, February 01, 2011 7:40 AM To: Solomon, Scott Cc: Shawn Petty Subject: Emergency 3fl" Linestop -update Florida Flow Control Good morning Scott, I wanted to let you know that we were able to negotiate down the "Expedited Fitting Cost" from our supplier and eliminate the $3,500 charge. This would bring your total to $32,150. i am still working on better freight rates and if 1 receive better rates l will pass #hat swings on to you. Were you able to get pricing from the competition? Thanks, Felipe Lofaso Florida Flow Con#rol 561-793-3344 O 561-718~OS59 C 561-333-5363 F 3180 Fairlane Farms Rd, #2 Wellington, FL 33414 felipe cr,floridaflowcontrol.com www.floridaflowcontrol.com Run Date 2/01/11 HD SUPPLY WATERWORKS, LTD. CITY OF DELRAY BEACH HDSWW - W PALM BEACH FL STOCK 1101 W 17t h Street 100 NW 1ST AVE Riviera Be ach FL 33404 DELRAY BEACH FL 33444 Telephone: 561-848-4396 Telephone: 561-243-7000 Fax: 56Z-845-7267 Fax: 561-243-7166 1/3 1/11 Bid ID: 2660272 SCOTT ITEMS 020111 Page 1 Sell Net Extended Line Quantity Per Description Price Price 20 1 EA 30 4500-01 MJ BFV OL ON 6,669.41 6,669.41 IN STOCK IN FTL 40 2 EA 30 MJ S/P SLEEVE(I} CP DI C153 885.33 1,770.66 IN STOCK IN FTL 60 6 EA 30 MEGALUG MJ RESTR. BLK 1130 730.28 4,381.68 WITH ACCESSORIES USA IN STOCK IN FTL 90 1 EA 30"' PE X PE SPOOL C/L DIP 12'L 3,037.84 3,037.84 2 DAYS OUT OF DRLANDO Subtotal: 15,859.59 Tax: .00 Bid Total: 15,859.59 2Y3l2Dt l 10:49:4DA~,i INTERCOUNTY ENGINEERING, INC. 1925 NW 18 Street Pompano llcach, H'L 33069 Contact: Lori S. Roy, Estimator Phone: 954-972-9800 eat 203 H'ax: 954-974-0012 cote To: City of Del€ay Beaeh ~t34 S Swinton Avenue Delray Beaeh, FL 33444 Phone: 561-243-7309 Fax: 561-243-7301 Attn: Scott W. Salomon MOTiLinestop provided by City. Materials regttire 48 Ilaurs delive€y Job 1Vame: Emergency Repair 30" Raw Water Date of Plans: None I2evisiotr Date: ITEM I DESCRIPTION AMatI1vT 10 Replace b0' of 36"HOPE w136"'DIP CL51 Install (2j 36" 45 bends w/concrete thrust blocks use Smith-Blair coupli3~gs to make cone to FIDPE 20 sidewalk restoration 30 asphalt restoration 40 sod restoration GRAND T01'AL 564,400.00 Page 1 of 1 ~~. - ...: ~nginearing contractor ~~-3 31flC} Falrlane i'arms f~oad, 5ulfe 1 Welllnyfon, ~iorida 33114 Tel: (5fi9) 333-2iorJ I'ax: [5G1) 3~3-21$0 Prop©~ai iisigo ~ per afi:achtud) To; Mr. Scott Solomon Date; FebrEtray 1, 2{l11 Gity of Delray Beaci~ 434 S Swinton Ave Delray Beach, FL 33444 Bttlergeticy Removal I Replacement of existing3 36" Pipe and Fittings on existing Raw Water Main at NW corr~er~ of SW 15th Ave and SW '10th St Scope irtcEudes: r Mobilization, Refnvove existing sodipavementlconcretewolk. Expose 60' of ~ _ ~ 36"pipe; Cttt pipe anti rerttovelreplace GO' exlsiing 36" }-iDPE pipe artd 45 deg bends w1DIP. Piping Bill of Materials to be furnished by Chaz. Restoration of pa~emeni, sidewalkl~IC ramp and sodding as required to like ~ ~ or better eonditiorr. AlI Fusion of pipe (if required) /Maintenance ofTraffic = _ __ furnished by Cily of betray. Scope of vrork per as per on-site discussion 3 _= - witit Scott Sofortton tCity of Deiray Beaeit} and Mike Czajkowski {Chaz ' - - i Equipment). j ~ s5,soo oo_ Total Lump Surt7 price $ 65,500,00 Prices include: Labor and t;yuipntent aril rttater(ais for removal! installation and restoration as required 2 Prices exciude: l;ctsion of hIQPE pipe, MOT; 5oits Testlnc~ 3 Completion Tirtta: Work to be completed wititirt 7 calendar days after issuance of hITP gy City of Qelray Respectfully Subrrtitt by: ~T ~ ward 1Night, vice President i QS I ~~1 3 ^ C 23 ~ ~ ecp 8'~a'y ~ ~ ~ ., ~ ~ s rb Z s'vs l I ~'~~7:b' ~3_....._._._~~ I ~ ~~€'. t6 i6 ,3 k8 20 _ 5 6 i5 ~i ' v 6 . ,s,lY i5 E`t-` -S°4~ ^ 5~. cAR\c1i ~ ,s a 7 ky ¢ x 7 4 6 7 a e to ti 12 33 5 'T ~';-- - ,tom. f4 r4 _ RECe7EAR0;l ~i1 13~ ~ a f2 -j i ~ 8 3 .~ i atn i3 ~~i ~ ~ i2m g m : 3 K2 2 25 4 3 2 21 _Q Is 12 33 fy if FA0111Y 8. g i I'eF"g'- - 5 f E 3S tt 15 - ~- _ .. _ ...... ~---• ~'V .__i:- FI'~{~J}~L~ •-, - &' . . - ~ 2A ro i ao~ i0 1s ~ ^ ©. ~ ^ 8' ixrt~ vai_~~ rz~ rEd nl e~ g y3 ~ s 17 ' ¢ z' ~ t€rgtssa} i~"~.l.P. a~ e'v _ R4 ~ '8 ., 8 f2 ,. a 18 ¢. 'k6'fttI1. ~^~"".~ .. 8'51-~=. Q. 8 aiRE 7 7~ y3 7 is -c Ct1RVER REC3ZEltl"[Oh s aa+"'r++y s 2a ~ FACILITI" JtU€TURPt GiR£~..E `" t~4R7H 8' 8' - 5~ 5 ay5 ~-5 7k ~ - 4'Fk1 i. y *- s a n5S 17 y 22 '. - ~ ~,` TRAGT 'E z'~x ~ ~~ X47 3 23 ~~.., ~ ~ Uf~~~'f RfICE Ctiut~cf e IG'iL4Y.tr ~ a'V A~I.Y. t ~~• k S9 ~ k 2¢ - 'Y 1 5.W b Y. ~, c~t ~~ f ! Z nom ~i`- I _ . Jli 4 @• 7 .Q [4 ~ ~ d J L4 z_ Q ~?- ? a 2U"t~. ff a'xs' ~ F, _ ~ `R"~ 6z.6"V R - ... __._ ~C ~ S.Y! 7TH ~` LsY r _ TERR. S. r 17 ~?, v ~ [s'c~Y. tYfi~lt# 6' ~ _ ~ ~ 2 ~' l ~J a' c,+ ~P ~ ~i- - ru+ f6' 8~. r-~ _-3'- CARVE~t ES~fATES 3 3 ~ ~ r Q ~ - 27.~. r - -r'~' -l 4. r-- s _ !~ ~ -sue r,t 3 " e' ~ . ~k ~ 5, . H C7. iy `C-~ ~v~ ~Q`'~ Cie 5.5't: ~t'iH'~IST. t z + f 2 3 y s. ~ X 4 6 ~~k ~_..~~,~, a e s 33 ~ REPEAT ~'' s "t~3 8'%8' Y d,Y 4,Y k2 12 6'R. 31 PG 58 7 .~~it k. 7Et `~ . kk ~~ ,1 ~ P t 32 t---~~- d' iB~St:~'its l~ 5 ~ g ~ _ fo t.i is g .¢,c d 4 c ffU "j4 ~i1 F a y-. ~ L$ y 5 gy 9" ~T r ~a~ ~ _~f~~ E ~~ ~ N~~~~ S .5 E 7 ~ & 7~ 7 ~ 7 "~ ~ » ii ~~ EX7E1~3S(N F 8 rte- 4 45 .,-- 5 6•r g n -0r p ~ - SEC 3 d 4 _~ y~~ ~~/ (3X. Ri r [>) 3 2 3 _~3 3~ 3 20 ~S ~~ !,~/ CJ _~ l Y 'EiilUlsiF' i4 ~ 2 2 ZU7 2 21 2 O 2+'iRFJiS- t ' 185~LSt1- a.( ~i _ t ~ , . »s .. ~ ~ ~, ~v , v ' _ 3 ~ v ~ _ i _ y ~ 2z •~ koro. ~ ~._____..n z ' . _ _______ _ r, 4 •RCi3, tJ. ~3" ©`V 6' 8 y 6' t~ io`v. t6' - 1 PAR .~r~. ~ ~ ~ ~ i6' ~~ io it ~ 1 PARK TEN 1 2 3 ~ ~ TEN a'~ = 4.. &._.._~ a n'XS't•~. ~ rn E r /~ f '. e' 8~ 9' S J ~ ~I ~' 6~•~ FIRS S C. E3;:iI,~ b `: Y 6 L6 '~7Ab cl ij~llleUf t;o. /~~, / Frtrrl,~no ~ ~ 11tG. ~: f% ~u 1 ''rrnls Rc1. - -,~: _" ~i~-i~~i~l~~f~I~A_-. ~~111~~~~ ~'f~~~~~ cRt~Pa~e scnt~ ors ~~~r {~-~_ JOHNSON-aa4VIS INC. ~' 6QA H[LLBRATH ARIV~ LANTANA, FLORIE}A 33462-9694 6fi9-668-9174 FAX SS9.585a262 GU-GD43087 1~ebrnary 2, 2011 Mr. Scott Soloman Manager of Water & Sevvei• City of Delray Beach . 434 Svvintori Ave, Delray Beach, FL 33441 Re: 36" Ita~v VYater Main Repair -- S.'VV.10~'` Street & S.W.15fh Ave. Dear Mr. Solomon; As per meeting of Tuesday Febi~ary 1, 2011 the following is out proposal for repair tivork ~•eferenced above. Scope of W©rk • Ivlobilize equipment, man power, dewatering system and trench protection • Await shutdown of raw waterline • Install dewatering and trench protection systems • Excavate and remove (2) 45" and -~/- 84" if of existing pipe • Install two concrete dead men for restraining ne~v installation • Install new replacement materials with joint resh•aint and thrust black • Backfill and restore area Total Bump Sunr $129,500.00 gAlyf %~ ~w~, A~~r • a~u~ ~p'o~nat rya ~ r~~ `~~"`acr~u~~~~cea ~ ~~`r ~z ~ a~„~ Special Conditions ~---~ _ __ a ~1~I.0 T~providad by City of Delray Bcach • Density tes~ing_cosls are not included Vac ti~tck if naedcd to be provided by the City of Deh~ay Beaeh Please contact myself pr 11~-. Pete Oja with arty questions. Sinc ~ely -seott r. ron~5 President AUBURN CI 3 N N w 3 w J U U AUBURN ~~ I~ U ~ ~ ~ ~ m m ~ ~ Q Q o I~ ~ ~ ~ ~ ~ o I 5, o W E ~ a rn Q i ~ o ~ N O ~ W O O -7 U L ~ _ 7 d O O 0 ~I I 0 I 3 0 .__ ~ w a S. W. 7TH Q LOCATION ~- OF LINESTOP AND VALVE AUBURN ST. ~, ~ ~ TERR. SO. c AUBURN CIR. S. S.W. 81H ai. 2 x ~ ~ ~ Q a ~ Q a H H H F ~ H ~ M N O N N N N N N S. W. LOCATION ~ 10TH S RAW WATER MAIN REPAIR I I f w Q ~ ROYAL ALM DR. POINSETTIA DRIVE Q m CITY of DELRAY BEACH EMERGENCY RAW WATER REPAIR DATE:02/08/2011 d ENVIRONMENTAL SERVICES DEPARTMENT LOCATION MAP ®®~ 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a 20~, -oss 1 of 1 ,;; L MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 CONTRACT AWARD/ ASSOCIATED CONSULTING PROFESSIONALS ITEM BEFORE COMMISSION Approval to award contract for lead-based paint testing services for FY 10-ll with cone- year renewal option to Associated Consulting Professionals to provide lead-based paint testing and/or risk assessments as needed for houses built prior to 1978 participating in the City's housing rehabilitation program. Request has been approved by Palm Beach County, Housing and Community Development (funding source for DRI Housing Rehabilitation program). BACKGROUND As part of the housing rehab program, the Neighborhood Services Division addresses potential lead- based paint hazards that may be present in the households of program participants. Annually, the Division issues a bid advertisement to solicit prices from local lead-based paint testing contractors. Attached is the bid tabulation sheet for RFP No. 06-20llNS, which was opened on January 21, 2011. This request is for approval to award a contract for lead-based paint testing services to Associated Consulting Professionals whose bid prices were as follows: Lead-Based Paint Services Cost 1. Lead Ins ection $425.00 2. Lead Risk Assessment $ 75.00 3.Combination Inspection/Risk Assessment $450.00 4. Lead Clearance $ 85.00 Associated Consulting Professionals was the low bidder on items 2 and 4 and was tied for the low bid on item 3. Associated Consulting Professional was the third low bidder on item 1. The low bidder on item 1 was higher than Associated Consulting Professionals for the other categories, and the 2nd low bidder on item 1 was higher or the same cost as Associated Consulting Professional for the other 3 categorres. FUNDING SOURCE Disaster Relief Initiative / 118-1960-554-49.19 Community Development Block Grant / 118-1963-554-49.19 RECOMMENDATION Staff recommends approval to award contract for lead-based paint testing services for FY 2011 to Associated Consulting Professionals to provide lead-based paint testing andlor risk assessments as needed for houses built prior to 1978 participating in the City's housing rehabilitation program. cra 4.7 °~ ~~' ~ ~ ~ ~= ~ ~ f m p o a,~ ~ ~ Lt'. ~ ~' ~u7~~ LLA ~ ~ ~ f~r~~ ~-~. o ~ 4 ~ ~ ~~C~ ~ ~ C7 t~ w ~ ~u ~. C) ~.. `I '~~ B,, '+ ~ '~ I e i ~~ ~ r~ ~ ~~ ~ ~ Q ,ra u~ rz i ~n ~ ~ ~, ~ cv ~- ~ ~ ~; . ~~ a~ ~ U~ ~3 ~, 1 >r. o c, c~ p ~ c~ ' u7 r ~~ ~ o u"a ~ ca ~ ~` '~ .,~ ~:: j .- , *~ j; ~` ~ I ~I c I qty ~~ C~. I7<.I'~~ C) U7 {) G ') r,, ~ "' Q i. i f ~ us ~±a c -~a ~:~ N J J 0.i ' r C"J } °- va .~ c a u-a p '° co u~ ~'a. ~ ~ c c7 U @Y V1 C ~ 4? ~} U C U crr ~ N ro c Pa c, yr Q ~ ~ c~ -° ~ c? C.) tY J I~ ryo 6_ c ~ ~ N ~°' STS ~{7 ~ ~. ~ '~ ~ ~ ~ ~ i ~ ~ to ~ s ~ , ~~ C7 ~ ~ ~ C1~ ~ ~ Ct. ®' €w O ~°+ ~ ~C7 W5 'd ~ ~ ~ .= .~ Q7 q d C> spa MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 8, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 WAIVER REQUESTS/BRIGHT HORIZONS D/B/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 balcony posts, a two-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. The subject waiver requests were considered by the City Commission at its meeting of January 4, 2011, and tabled to the meeting of February 15, 2011. The discussion primarily centered on the two-story entry feature, and Staff was directed to work with the applicant on revisions to this feature based on the discussion. While Staff contacted the applicant regarding this matter, the applicant opted to maintain the proposal as submitted; therefore, no new information was submitted to Staff. The following information and analysis was provided with the original proposal and Staff's recommendation remains the same. 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 differentiated or divided by a 42" high rail located on the property line and 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 set forth by the HPB involved the placement of the railing on the balcony/canopy feature, and recommended relocation of the rail 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"), as well as the proposed encroachment of attached high top tables 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 building's 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 is two-stories in height, 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 tops, 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 provide for the addition of two-story entry features or similar appurtenances, which introduce additional mass along the streetscape, which do not serve a typical function such as covered seating or protection from the elements. Based on the above,~ositive 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') 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 this 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') maximum encroachment is permitted, based upon positive finding of 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 February 15, 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 15th day of February, 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 Page 1 of 3 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. -MEETING OF JANUARY 4, 2011 WAIVER REQUESTS/BRIGHT HORIZONS D/B/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 http://itwebapp/NovusAgenda/Preview.aspx?ItemID=4067&MeetingID=280 2/9/2011 Page 2 of 3 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 Requests: 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 http://itwebapp/NovusAgenda/Preview.aspx?ItemID=4067&MeetingID=280 2/9/2011 Page 3 of 3 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 and/or 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,~ositive findings can only partially be made with respect to LDR Section 2.4.70(5), and should include the removal of the two-story, arched entry feature and provision of two (~, 8"x8" canopy support columns similar to those proposed. 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,~ositive findings 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 not granted 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 fording under LDR Section 2.4.5(B)(5). http://itwebapp/NovusAgenda/Preview.aspx?ItemID=4067&MeetingID=280 2/9/2011 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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S c~..®~ ~ `JC]RJO l~ H~y~~ J.b i~~q 1 d 1 S . _ v _ J~J ~ ~ l \ b' ~1 N t/ ~1 ~ I -~~ ~ ~ a n ~~ ~~ ~~ ~~ {~~~77 A ~,7rr 7 77~ ,7 ~~ ~ 7 r7 ~ ~ f ~ ~~~ . 51.~~I,L~'A~NaQ ~L1V Y Ql1~.LS.'7Q ~ m v m 9 ~ i z ~ ^< ~ 1SV3 ZS m - ~- = Q i __ ~.m, ~ _~ H x ®~ ~tC7Ri0~~ `N~b38,1b23~3~ ,'_ ~31~Fi ~I1N'd~11H 1SH~ ZE ~,^= a sNa~,~~o~~x s~~n~zs~x _ ~' ~ e n ~, 1ST ZS ^< _ ---~__ ~ o, 0 i ~' z w ~ 4 ;, i 1 "ti n e za a Q °~ a g w ,~ H ,. w <, / ? ~ ~ ~ ~ a, v ~s i ~w ~ J / 1 N Al / ~\ t, 6~ _~ ~~~ ~ ~ ,. ~ +~ ~ ~ ~ ` ~ o ~ ~ I r ~ ~ ~ ~ ' i ~ - ~ ~ -- ,, ~ ,. I~ ' a -- ..... ~ i,,' ~ :. v ~ % l R ~ ~ Q w ,°, .~ ~ ~ ~ T _, ~~ ~ ~ ~ ~ H s ~ ` ~ -- i 0 I -.. -~ W _ _ __ __..__. ~ a W -- ---- N i - W _ ', I--I W Q :: ~I ~',, _i ~ { { a 9 p ~ ~_' MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director Community Improvement Janet Meeks, Education/Sign Coordianator THROUGH: David T. Harden, City Manager DATE: February 10, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 WAIVER REQUEST/ ADVANCE AUTO PARTS ITEM BEFORE COMMISSION Consideration of a request from "Advance Auto Parts" to be located at 3003 South Federal Highway, for a waiver to Section 4.6.7 (E)(7) of the LDR's governing Signs -Design Standards. BACKGROUND In 1997, Video Annex was constructed on an outparcel, north of the South Delray Shopping Center entrance. The only access to the site is through the shopping center via S. Federal Highway. The proposal included two flat walls signs, one located on the west elevation facing a dedicated street frontage (S. Federal Highway), which was allowed by code and the other sign to be located on the south elevation facing the parking lot, which was not allowed by code. In order to allow the sign to be located on the south elevation, Staff argued that it would need a waiver from the City Commission, as this was a standalone parcel and did not meet the criteria as outlined in the Master Sign Program. The applicant at the time, argued that this parcel could be included with the shopping center and a new Master Sign Program established, as the parcel takes ingress/egress from the shopping center and functions as one parcel. SPRAB agreed with establishing a Master Sign Program (that included the owner's consent from the shopping center) and approved the flat wall sign for Video Annex at their meeting of September 3, 1997. Advance Auto Parts is now the current tenant of the former Video Annex building, and they wish to install a freestanding monument sign along Federal Highway and one flat wall sign along the south elevation. The applicant wishes to be considered as a standalone parcel, which would allow the monument sign and a flat wall sign along the west elevation that faces Federal Highway. The applicant has stated that existing trees block the west elevation and a sign along that elevation would not be effective. They prefer to place the flat wall sign on the south elevation over the main entrance to the business that is more visible which would require a waiver to the sign code. Waiver Analysis: Section 2.4.7 (B) of the LDR's allows the City Commission to grant waivers to this section of the code governing signs after making a finding of fact on the following four points: Shall not adversely affect the neighboring area Shall not significantly diminish provision of public facilities Shall not create an unsafe situation, and • Does not result in the granting of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Attached is a "Letter of Justification" from the applicant as to why they met the above requirements. REVIEW BY OTHERS At its meeting of February 9, 2011, the Site Plan and Appearance Board unanimously recommended approval of the Waiver request to allow a flat wall sign along the south elevation of the Advance Auto Parts building located at 3003 South Federal Highway. RECOMMENDATION Approve the waiver request to Section 4.6.7 (E)(7) based on the findings and recommendation of the Site Plan Review andAppearance Board for Advance Auto Parts located at 3003 South Federal Highway. 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 ADVANCED AUTO PARTS 1. This waiver request came before the City Commission on February 15, 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 Advanced Auto Parts. 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. Signs-Design Standards: Pursuant to LDR Section 4.6.7(E)(7), one wall sign per business is allowed facing each dedicated street frontage and one free- standing sign per frontage in GC, AC, NC, PC, CBD, MIC, I, POD, POC, and CI Zone Districts. The applicant has requested one free-standing sign facing a dedicated street frontage (S. Federal Highway) and one wall sign to be located on the south elevation facing the parking lot. In 1997, Video Annex was constructed on an outparcel, north of the South Delray Shopping Center entrance. The only access to the site is through the shopping center via S. Federal Highway. The proposal included two flat walls signs, one located on the west elevation facing a dedicated street frontage (S. Federal Highway), which was allowed by code and the other sign to be located on the south elevation facing the parking lot, which was not allowed by code. SPRAB agreed with establishing a Master Sign Program (at the request of the former occupant) (that included the owner's consent from the shopping center) and approved the flat wall sign for Video Annex at their meeting of September 3, 1997. Advanced Auto Parts is now the current tenant of the former Video Annex building and they wish to be considered as a standalone parcel, which would allow the monument sign and a flat wall sign along the west elevation that faces Federal Highway. The applicant has stated that existing trees block the west elevation and a sign along that elevation would not be effective. They prefer to place the flat wall sign on the south elevation over the main entrance to the business that is more visible which would require a waiver to the sign code. Should the waiver be granted to LDR Section 4.6.7(E)(7) to allow the wall sign on the south elevation facing the parking lot? 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 15th day of February, 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 Advance Auto Parts 3003 South Federal Highway South Delray Shopping Center Letter of request for Waiver Section 4.6.7 Signs (E)(7) Design Standards Matrix. (5) Findings Prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area: This variation will only increase traffic safety by providing motorists with safe and effective way-finding tool while staying in line with the surrounding businesses and the intent of the ordinance. The proposed wall sign is located above the main entrance to the store. This will face south towards the shopping center's parking lot similar to all other business. Proposing the main store identifier above this buildings main entrance will only reinforce what each tenant in this shopping center currently utilizes. (b) Shall not significantly diminish the provision of public facilities; The granting of the variance will not diminish any public facilities. This lot is located directly abutting S Federal Highway. However, our building fronts the roadway with a large amount of vegetation obstructing motorists view while traveling within this commercial corridor. This is a commercial corridor where people are expecting to see signs in order to guide them. This sign package will not affect any other property in the surrounding area. It will only reinforce what is currently there. (c) Shall not create an unsafe situation; and, The Zoning Ordinance is to create a visual environment that is aesthetically pleasing and promotes public safety. Advance Auto Parts feels that this request will blend well with the surrounding area and provide a benefit for the motorists who use this roadway. Without adequate visibility of this signage and site, motorists could potentially make an unsafe traffic maneuver in order to navigate to this site. The proposal is in line with the spirit of the ordinance as it will serve as an effective means of communication and protect this property's value, it will promote vehicular safety, which will protect the health and safety and general welfare. (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on the other property for another applicant or owner. This building is located within this shopping center similar to the layout of an out parcel. Due to the vegetation in-between the roadway and this building, the code allowed wall sign located on the west facade would not be visible to any motorists. The special conditions and circumstances do not result from the action or inaction of the applicant. Advance Auto Parts location necessitates the requested sign to give the identification and provide the uniformity with the surrounding signage. 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X ~yy jMn: T ~'[ II i' ~ #Pa C rt -~_ ~~ ® ~s ..Y, C ~ ~~ ufi,r lulu ~ ~ ~p U i ~ yi ill. Q} it d d. .._._._._..... _._._._._ ....._._._.__ - - - _.._._._......._._._._._._.. ~V b MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 CONDITIONAL USE REQUEST/ UNITED PARKING SYSTEMS, INC. ITEM BEFORE COMMISSION The action requested of the City Commission is approval of a conditional use request to operate a portion of the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and SE 3rd Avenue as a commercial "for pay" parking lot for utilization by both Bank customers and paying patrons. BACKGROUND The development proposal is limited to the North 199 feet of the parking lot which is owned by the Sun First National Bank of Delray Beach. The South 51 feet of the parking lot is not included in this request as this parcel is leased and the property owners consent to convert to a "for pay" operation has not been obtained. The subject parking lot is a part of the overall SunTrust National Bank complex located at 302 East Atlantic Avenue and is designated as required parking for the SunTrust Bank building. The overall parking lot is improved and contains a total of 49 parking spaces. However, of the 49 total spaces, 42 parking spaces are located within the limits of the subject area (i.e. the North 199 feet) and are the subject of the conditional use request. The parking lot is accessed from SE 3rd Avenue via the parcel located at the south end of the site (i.e. the south 51 feet). United Parking Systems, Inc. proposes a 24-hour public "for pay" parking lot available for the public and bank patrons. The commercial parking lot will be operated where vehicles are self-parked with a parking ticket issued by an attendant who will be on-site during operating hours. Bank customers will not be charged if it is validated by the Bank. A portable attendant podium is proposed within a landscape node mid-point within the parking lot. No other physical improvements are proposed on-site. Pursuant to LDR Section 4.4.13(G)(1)(g), atotal of 96 parking spaces are required for the bank use. A total of 114 spaces are provided with 65 parking spaces located on-site (behind the bank) and 49 parking spaces located within the off-site lot. A surplus of 18 parking spaces is noted between the two parking lots. The dual utilization creates concerns that required parking will not be available for bank customers during regular business hours (overutilization by non-customers utilizing the parking lot on a pay basis). As such, it is recommended that the commercial "for pay" parking lot operate during non- business hours only. Further, this approval has far reaching precedent setting policy implications. If required parking could suddenly be subcontracted to a vendor for a percentage of the profit, a rash of these conversions could be anticipated. The applicant has voiced concerns that currently the competition for parking spaces (non- customer versus customers) prevents the bank customers from utilizing the parking lot. This can be addressed by not allowing non-customers to park during regular business hours. An attendant could be present to assure compliance and charging for parking would be implemented only after the businesses located within the bank complex close. The subject property is acknowledged as an existing nonconforming site with respect to parking space dimensions, drive aisle widths, interior landscape requirements and open space requirements. The applicant is not proposing any physical modifications to the parking lot. Requiring modifications to the dimensions to bring the parking lot into compliance would result in a deficiency of required parking. However, rectifying landscape materials deficiencies and the provision of adequate lighting are attached as conditions of approval. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request on November 15, 2010. One member of the public offered public comments. After discussing the proposal the Board recommended approval to the City Commission by a unanimous vote (4 to 0), subject to conditions contained in the staff report. Additional background and an analysis of the Conditional Use request are found in the attached Planning and Zoning Board staff report. RECOMMENDATION Move approval of the conditional use request to establish a commercial "for pay" parking lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5 (E) (5), 4.4.21(D)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the use as a commercial "for pay" parking lot is restricted to "non-business hours" for the businesses located within the SunTrust Bank Building. 2. That the parking spaces located within the South 51 feet of the parking lot are excluded from the commercial "for pay" operations and signage denoting that those spaces are reserved only for the customers of businesses within the bank building is provided. 3. Approval of a site plan modification by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and which addresses the conditions of approval attached in the staff report; 4. That additional lighting fixtures are provided and a photometric plan verifying compliance with City's average, minimum and maximum standards of Illumination Levels and Uniformity be provided. 5. That all existing landscaping throughout the site be upgraded and replenished as identified under the landscape section of the Planning and Zoning Board staff report (Page 5). 6. That the site visibility triangle be noted on the site and landscape plan. 7. That the location of the proposed attendant's podium be noted on the site plan. 8. That a landscape maintenance agreement be executed to allow the landscape encroachment within SE 3rd Avenue right-of-way. 9. Three additional handicap parking spaces must be provided either within this parking lot (west side of SE 3rd Avenue) or within the parking lot to the rear of the bank building. Attachments: Revised sketch plan Exhibit "A" Revised location map to reflect the new limits of the conditional use request Planning & Zoning Board Report of November 15, 2010 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW UNITED PARKING SYSTEMS, INC. TO MANAGE A PRIVATELY OPERATED PARKING LOT AT THE CORNER OF EAST ATLANTIC AVENUE AND SE 3RD AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on February 15, 2011. The conditional use request is to allow United Parking Systems, Inc. to manage a privately operated parking lot (for pay) lot at the corner of East Atlantic Avenue and SE 3rd Avenue. 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 United Parking Systems, Inc. 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 CF (Community Facilities) and a zoning designation of CF (Community Facilities). The CF zoning district is consistent with the Community Facilities Future Land Use Map designation. Pursuant to LDR Section 4.4.21(D)(5) privately operated parking lots are permitted as conditional uses within the CF Zoning District. 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. Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? 1 Yes No C. Consistency: A finding of overall consistency must be made with regard to the following: While the subject site is zoned CF it functions as an accessory use to the Bank which is zoned Central Business District. Therefore, the following policy that relates to the Central Business District (CBD) is noted: 1. Future Land Use Element Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: • Deletion of inappropriate uses • Incentives for locating retail on the ground floor with office and residential use on upper floors • Accommodating parking needs through innovative actions • Incentives for dinner theaters, playhouses, and other family oriented activities • Allowing and facilitating outdoor cafes • Incentives for mixed use development and rehabilitations • Elimination of side yard setback requirements • Allow structural overhang encroachments into required yard areas 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; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. Parking Requirements: Pursuant to Section 4.4.13(G)(1)(g), the parking requirement for business and professional offices within this area of the CBD is 2 established at one (1) space per 300 sq. ft. of net floor area. Based on a net floor area of 28,840 square feet, a total of 96 parking spaces are required. Sixty-five (65) parking spaces are located on-site (behind the bank) and an additional forty-nine (49) parking spaces located within the subject off-site lot for a total of 114 spaces. Thus, a surplus of eighteen (18) parking spaces are provided. The subject of the conditional use request is a parking lot that is a part of the overall SunTrust National Bank complex located at 302 East Atlantic Avenue and is designated as required parking for the SunTrust Bank building. The overall parking lot is improved and contains a total of 49 parking spaces. However, of the 49 total spaces, 42 parking spaces are located within the limits of the subject area (i.e. the North 199 feet) and is the subject of the conditional use request. The parking lot is accessed from SE 3rd Avenue via the parcel located at the south end of the site (i.e. the south 51 feet). United Parking Systems, Inc. proposes a 24-hour public "for pay" parking lot available for the public and bank patrons. The parking lot will be operated where vehicles are self-parked with a parking ticket issued by an attendant who will be on-site during operating hours. Bank customers will not be charged if the parking ticket is validated by the bank. A portable attendant podium is proposed within a landscape node mid-point within the parking lot. No other physical improvements are proposed on-site. The dual utilization of bank vs. non-bank customers creates concerns that required parking will not be available for bank customers during regular business hours (overutilization by non customers utilizing the parking lot on a pay basis). As such, it is recommended that the "for pay" parking activities are conducted during non-business hours only. There are recommended conditions of approval attached as Exhibit "A". Are the requirements of 4.4.13(G)(1)(g) met by allowing the conditional use of a "for pay" parking lot at the corner of East Atlantic Avenue and SE 3rd Avenue subject to the conditions enumerated in Exhibit "A"? 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. 3 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 "A" and hereby adopts this Order this 15th day of February 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 4 EXHIBIT "A" Conditions Related to United Parking Systems 1. That the use as a commercial "for pay" parking lot is restricted to "non-business hours" for the businesses located within the SunTrust Bank Building. 2. That the parking spaces located within the South 51 feet of the parking lot are excluded from the commercial "for pay" operations and signage denoting that those spaces are reserved only for the customers of businesses within the bank building is provided. 3. Approval of a site plan modification by the Site Plan Review and Appearance Board (SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report. 4. That additional lighting fixtures are provided and a photometric plan verifying compliance with City's average, minimum and maximum standards of Illumination Levels and Uniformity be provided. 5. That all existing landscaping throughout the site be upgraded and replenished as identified under the landscape section of the Planning and Zoning Board staff report. 6. That the site visibility triangle be noted on the site and landscape plan. 7. That the location of the proposed attendant's podium be noted on the site plan. 8. That a landscape maintenance agreement be executed to allow the landscape encroachment within SE 3rd Avenue right-of-way. 9. Three additional handicap parking spaces must be provided either within this parking lot (west side of SE 3rd Avenue) or within the parking lot to the rear of the bank building. 1 w a ~ N C `ems W M J ~~ ~Nr~ g `^ ~ -, a N xy g Z dMO~ N ~° O 9 D~~yY 9$ H ~ ~(~ ~" Q ri ~ Y ~~ ~ O C ~~ N ~ S - q .. W S ~q~ M W va I a W~n . u,u ~ ~(„~~a 4~y ~ ~pU~ aC Y~V~ ~ a~qs ~ ooya - - ~ =~~m .q ~ e `~^~ ~ ~ ~o~a ~~ 0 _ . G °' ~ ~ 4 - a d M €~ ~ - $~ ~.. ~ ~~~ - ~~E n~~ ~~ ~,~ , II ~~~ z '~~, - 1 m~ a I ~ ~ m ~~ ~ %a ~ - Y a ~'g - - r~ a 4 G9g LL .._... - R GG IIM1 4,. a cF s g~~~~ ~=r~~~ ~~ax g~~~~ ~ __ _. ~ -~ ...__.~.- -_ p-._._... - ~ ~~ - ~~ ~ ~ aW a~ a, In ~ ~~ ~ - ~ ~~ ~ ; -~ -~ - I ~ s $ ., Ak' ~ .. a `-~° +m.. ~ ' ~p ¢4 8 , }- A 1 \ h~ /~ ~ I `~ _ f ~ ' itl ~.OOO `"'vim w 4 ~ g &90g' ~ & e '`` ggg QYp __ d ` 333 _ -- - - --_ -;~s ~ r -~ - \I Q ~ ~~~ ~ ~~ u~„ ZIgIHX3 c~ Eli ~ ~ ~ --~ z z > z o 0 Q m m __ ~ ~ o ~---~ ~--~ o A tai L,_i Q a a h ._ z ~ N E~1 W z z T L A N T I C ~ W N.E. 1S7 Q .-. 0 0 z z T ~ ~', ~ _ _ ~ ~ ~ ~ u ~ w z A V E N U E w Q W W ~ ~ Q Q S.E. 1ST ~~ ! ~ I ~~~~~~ ~~) ~~ vi ~i -u ~~Ni iw, ' _~~.,~ ~ SUBJECT PROPERTY UNITED PARK[NG SYSTEM i ~ t: +`5 PEANN1NC AND zoNiNC LOCATION MAP DEPARTMENT ~`~ -- OlG1TAL $45F MAP SYSTFM -- MAP REF: 5:\Pfanning &Zoning\BBMS\File-Cab\Z-LM 1405-1504\LM7213_Vnited Parking System PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: November 15, 2010 AGENDA ITEM: IV.A ITEM: Conditional Use request to allow United Parking Systems, Inc. to manage and operate the existing SunTrust Bank off-site parking lot located at the southwest corner of East Atlantic Avenue and SE 3~d Avenue as a commercial "for pay" parking !ot with utilization by both Bank customers and paying patrons. Quasi- J~dicial Hearing GENERAL DATA: Owner/Applicant ......................... Applicant .................................... Agent .......................................... Location ...................................... Property Size .............................. Future Land Use Map ................ Current Zoning ............................ Adjacent Zoning ................North: East: South: West. Existing Land Use ...................... Proposed Land Use .................... Water Service ............................. Sewer Service ............................ Sun First National Bank of Delray Beach, FL and William P. Priest et al Freddy Torres David Goodlett Located at the southwest corner of East Atlantic Avenue SE 3~d Avenue 0,55 Acres CF (Community Facilities} CF (Community Facilities) CBD (Central Business District) Parking Lot Commercial "for pay" parking lot with utilization by both bank customers and paying patrons. NIA NIA ~Y~ ~ ~~ - f~,~j ~ Ttr l ....5?-~~f• w ~ Z a N.E. 15T ST. a 0 - -- - ~~ Z~ ~~ A T L A N T I C A V E a LJ ~~ 7 __.......,.,. Q a S.E. 1ST ST. o ~ --- ~ -- w w S.E. 2ND ,' II lV _ __, __I-L~;1~- IV, A. ITEM BEFORE THE BOAR© The action before the Board is that of making a recommendation to the City Commission on a request for Conditional Use approval #o allow the establishment of a commercial "for pay" parking lot for United Parking Systems, Inc. in the CF {Community Facilities) Zoning District pursuant #o LDR Section 4.4.21(D)(5). The subject property is located at the southwest corner of East Atlantic Avenue and SE 3~d Avenue. BACKGROUND The development proposal includes the North 250 feet of Block 85, lying east of the FEC Railroad right-of-way, according to the Plat of the Town of Linton now Delray recorded in Plat Book 1, Page 3, of the public records of Palm Beach County. The property has a Future Land Use Map designation of CF (Community Facilities) and contains 0.55 acres. The subject parking lot is a part of the overall SunTrust National Bank complex located at 302 East Atlantic Avenue and is designated as required parking far the SunTrust Bank building. A conditional use application has been submitted to allow the utilization of the existing SunTrus# Bank off site parking lot as a commercial "for pay" parking lot. The proposal seeks to allow the joint utilization of the existing SunTrus# Bank off-site parking lot for SunTrust Bank customers and paying patrons. The proposal seeks to utilize the parking lot on a twenty-four hour basis. A parking attendant will be stationed at the parking lot during operating hours. Pursuant to LDR Section 4.4.21(D)(5), privately operated parking lots and garages is a conditional use within the CF (Community Facilities) zoning district thus, a conditional use applica#ion is now before the Board for consideration. PROJECT DESCRIPTIO[V The proposed use involves the utilization of the SunTrust Bank parking lot located at the southwest corner of East Atlantic Avenue and SE 3~d Avenue. The parking lot is improved and contains 49 parking spaces. The parking lot is accessed via SE 3rd Avenue. Currently, the parking lot is reserved only for utilization by bank customers. United Parking Sys#ems, Inc. proposes the provision of 24-hour public parking opportunities, in concert with ensuring the provision of parking for the bank customers during normal business hours. The commercial parking lot will be operated where vehicles are self-parked with a parking ticket issued by an attendant who will be on-site during operating hours. Bank customers will not be charged if their ticket is validated by the Bank. A portable attendant podium is proposed at the entrance area of the parking lot. No other physical improvements are proposed on-site. CONDITIONAL-USE ANALY5IS REQUIRED FINDINGS. [Chapter 31: Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shat! be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Planning and Zoning Board Staff Report: Meeting 11/15/10 _ Conditional Use Approval -- United parking Systems, Inc. Page 2 FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation ofi CF {Community Facilities) and a zoning designation of CF (Community Facilities}, The CF zoning district is consistent with the Community Facilities Future Land Use Map designation and the proposed use is listed as a Conditional Use in the CF district [LDR Section 4.4.21(D)(5)]. The location of the site is unique in that while the subject parking lot is designated Community Facilities on the Future Land Use Map, it is a part of a larger site (on which the SunTrust Bank Building sits} which is designated Commercial Core on the Future Land Use Map. As bath sites are interrelated, Comprehensive Plan policies relating bath to the Community Facilities and the Commercial Core designations were evaluated, CONCURRENCY: Facilities which are provided by, or #hrough, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The proposal to utilize an existing parking lot to operate a commercial parking system will not have an impact on the findings as they relate to parks and recreation facilities, schools, water, sewage, drainage, streets and traffic, and solid waste thus a positive finding can be made with respect to concurrency. 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 policy was found, While the subject site is zoned CF it functions as an accessory use to the Bank which is zoned Central Business District. Therefore, the following policy that relates to the Central Business District (CBD) is noted: Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ deletion ofi inappropriate uses ^ incentives for locating retail on the ground floor with office and residential use on upper floors ^ accommodating parking needs through innovative actions ^ incentives for dinner theaters, playhouses, and other family oriented activities ^ allowing and facilitating outdoor cafes ^ incentives for mixed use development and rehabilitations ^ elimination of side yard setback requirements ^ allow structural overhang encroachments into required yard areas Pursuant to Comprehensive Plan Future Land Use Element Policy C-3.1, the intent of the CBD zoning district regulations is to facilitate and encourage rehabilitation and revitalization. The Planning and Zaning 8aard Staff Report: Meefing 11/15/10 Conditional Use Approval -United parking Systems, lnc. Page 3 Comprehensive Plan clearly favors the accommodation of parking through innovative actions as a mechanism to encourage such revitalization. SECTION 2.4.5{E) REQUIRED FINDINGS: {Conditional Use] Pursuant to Section 2.4.5{E}{5} {Findings}, in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject parking lot has existed for several years. As there are no buildings on the site its strategic location along East Atlantic Avenue gives the appearance as a stand-alone public parking lot. As such, the SunTrust Bank has faced numerous challenges in monitoring the parking lot to ensure the availability of parking spaces for their customers. The proposed use is intended to address the bank's concerns of ensuring available customer parking while providing the general public the opportunity to utilize the parking facility. This dual utilization creates concerns that required parking will not be available for the bank during regular business (non banking customers utilizing the parking lot on a pay basis}. See discussions under the parking section of the report. The Downtown Delray Beach Master Plan adopted by the City Commission in 2002, promoted the concept of shared parking. While the Master Plan emphasized that shared parking would be more effective when managed District wide, it did not exclude the accommodation of shared parking within private parking lots. The concerns over the competition for spaces (non customer versus customers) can be addressed by not allowing non customers to park during regular bank hours. An attendant could be present to assure compliance and charging for parking would be implemented only after the bank closes. The establishment of a commercial "for pay" parking lot under these conditions would further the Downtown Master Plan as it would allow an underutilized parking lot during non-business hours to be available for nighttime peak hour parking demand. With the demand for parking along Atlantic Avenue, the joint utilization of parking Tots under these conditions will have a positive effect. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a site plan was submitted which has been reviewed by staff. Based upon staff's review of the site plan and site inspections, the following has been noted. Parking Requirements: Pursuant to LDR Section 4.4.13{G}(1)(g} "The parking requirement for business and professional offices within this area of the CBD is established at one (1) space per 300 sq. ft. of net floor area. Based on a net floor area of 2$,$40 square feet, a total of 96 parking spaces are required. Sixty- five (65) parking spaces are located on-site (behind the bank} and an additional forty-nine (49} parking spaces located within the subject off-site lot for a total of 114 spaces. Thus, a surplus of eighteen (18) parking spaces are provided. Initial discussions considered allowing utilization of the 18 surplus spaces as "pay" spaces during regular business hours. However, as this would be extremely difficult to monitor this is no longer being considered. Planning and Zoning Board Staff Report: Meeting 11/15/10 Conditional Use Approval -United parking Systems, inc. Page 4 "The Delray Beach Parking Management Plan" prepared by Kimley Horn and Associates, Inc. (now in review), states "In keeping with the City's vision of sustainability and to maximize the utilization of available parking supply, it is recommended that the scope of shared parking currently allowed within the City be expanded. Shared parking provisions help to reduce the oversupply of parking provided while maintaining an adequate supply of parking to serve the businesses and residences in the area. Shared parking also allow for the development area of a site to be more effectively utilized by maximizing building footprint and reducing surface parking." The utilization of the subject parking lot that provides parking for the business needs and offers parking to the general public on off-business hours represents an innovative way of meeting parking demands in the Downtown. The proximity of the subject parking lot to the building's entrance results in high customer utilization. Thus, care must be taken to ensure that the commercialization of the parking lot does not result in the inability to adequately provide customer parking. As such, it is recommended that the commercial "for pay" parking lot operates during non-business hours only. The subject property is acknowledged as an existing nonconforming site with respect to parking space dimensions, drive aisle widths, interior landscape requirements and open space requirements. The applicant is not proposing any physical modifications to the parking lot. Requiring modifications to the dimensions to bring the parking lot into compliance would result in a deficiency of required parking. However, rectifying landscape materials deficiencies should be considered at this time and is attached as a condition of approval. Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for non- residential commercial properties require a number of handicap parking spaces based on the number of overall spaces provided. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 10D spaces, plus an additional space per each 50 spaces up to 200, etc. As Hated above there is a total of 114 parking spaces within both parking lots. Thus, a total of five handicap parking spaces are required. While two handicap spaces exist within the off-site parking lot, there are no handicap spaces within the parking lot located to the rear of the bank building. The additional handicap spaces required for ADA compliance should be provides[ within either parking lot at this time and this is noted as a condition of approval. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14{B), a 20' sight visibility triangle is rewired at the intersection of two or more public rights-of-way, (East Atlantic Avenue and SE 3r Avenue} and a 10' sight visibility triangle is required at the intersec#ion of a driveway and street. The applicant needs to depict all visibility triangles on the site planllandscape plan. This is noted as a condition of approval. ILightin~ With the proposed nighttime activities {proposed 24 hour utilization), there is a concern regarding the adequacy of lighting. The parking lot is primarily void of any site lighting with the exception of a flood light attached to the FPL light pole within the SE 3~d Avenue right-of-way at the entrance area. Adequate lighting must be provided to alleviate potential safety concerns for patrons. Additional light fixtures and a related photometric plan in compliance with City's average and Planning and Zoning Board Staff Report: Meeting 111151'10 Conditional Use Approval --~ United parking Systems, Inc. Page 5 maximum standards of Illumination Levels and Unifiormity for parking areas needs to be provided, and it shall be attached as a condition of approval. Other Items: Attendant Station: The applicant is proposing the use of a portable podium to be stationed at the entrance of the parking lot. The location ofi the podium must be denoted on the site planllandscape plan and this is noted as a condition of approval. Landscai,inQ: The parking lot landscaping is in a state of deterioration. The parking lot is surrounded on all four sides with a Ficus hedge which is 90% dead from white fly infestation. The removal and replacement of this hedge is required and would make a tremendous positive impact on the site. In addition, most of the trees are in small triangular cut outs in the pavement. The addition of ground covers in these areas should be provided. The provision of decorative planting at the northeast corner of the site at Atlantic Avenue would further enhance the view of the parking lot as well as provide screening of the cars from Atlantic Avenue. Within the parking lot, sod and ground covers should be added at the terminal landscape islands at the north and south ends of the center parking tier. Additional perimeter trees should be added along the west perimeter to provide additional screening of the parking lot. Staff recommends that the landscaping be improved to address the above deficiencies and is noted as a condition of approval. Further, it is noted that the parking spaces and perimeter landscaping located along SE 3ra Avenue encroaches within the right-of-way. The applicant will be required to process a landscape maintenance agreement for all landscape improvements within the right-of-way. REVIEW BY OTHERS Community Rec[evelopment Agency (CRA) The CRA reviewed the conditional use request at its meeting of September 30, 2010 and recommended approval of the project in concert with the Planning and Zoning Department recommendations with respect to limiting the "pay" parking spaces to non-business hours only. Downtown Development Agency (DDA): The DDA reviewed the conditional use request at its meeting of October 11, 2010 and tabled the request due to a lack of a lighting plan. The DDA reconsidered the request at its meeting of November 8, 2010 and recommended approval with the comments as noted below: 1. That a sign be posted stating "BANK CUSTOMERS ONLY." 2. That no parking fee is to be charged before 5pm (or whenever the bank closes}. An attendant may sit at the entrance to help enforce the `bank only' parking. 3. If the bank changes hours, the time period in which a fee may be charged shall adjust accordingly. 4. That the requirement for a photometric plan be listed as a condition of the conditional use approval with review by the DDA prior to the Site Plan Review and Appearance Board approval of the site plan modification. 5. This use furthers the Downtown Plan, as it allows an under-utilized parking lot during non-business hours to be available for night time peak hour demand. Planning and Zoning Board Staff Report: Meeting 11/95/10 Conditional Use Approval -United parking Systems, Inc. Page 6 Puhiic Notice: Formal public notice has been provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council Chamber of Commerce ^ Progressive Residents of Delray {PROD} ASSESSMENT ANn CONCLUSION The conditional use request is to allow the establishment of a commercial "for pay" parking lot. The applicant, United Parking Systems, lnc. seeks to operate the parking lot on a 24-hour basis. The proposal requests the joint utilization of the existing SunTrust Bank off-site parking lot for SunTrust Bank customers and paying patrons. This dual utilization creates concerns that required parking will not be available for the bank during regular business (non banking customers utilizing the parking lot on a pay basis}. The concerns over the competition for spaces {non customer versus customers) can be addressed by not allowing non customers to park during regular bank hours. An attendant could be present to assure compliance and charging for parking would be implemented only after the bank closes. Under the conditions recammended by Staff, the proposal fulfils the Comprehensive Plan policy by providing an innovation way to accommodate the needs of parking in the Downtown. Limiting the commercial operations of the parking lot to "non-business hours" provides an efficient use of an underutilized parking lot while ensuring the adequacy of parking for employees and customers. A site plan modification application demonstrating LDR compliance with landscaping, lighting, site visibility triangles and noting the location of the attendant station will need to be processed and approved and is attached as a condition of approval. In addition, a landscape maintenance agreement must be executed for landscaping within SE 3rd Avenue. Upon addressing the conditions of approval contained within the staff report, the proposed use as recommended by Staff, will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations and positive findings can be made with respect to Section 2.4.5{E)(5) and that it will not have a significantly detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ALTERNATIVE ACTIONS A. Continue with direction and concurrence. B. Move a recommendation of approval of the conditional use request to establish a commercial parking lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E) {5), 4.4.21.(D)(5}, and Chapter 3 of the Land Development Regulations, subject to conditions: C. Move a recommendation of denial of the conditiona! use request to establish a commercial parking lot, by adopting the findings of fact and law contained in the staff report, and Planning and honing Board Staff Report: Meeting 11/15/10 Conditional Use Approval -United parking Systems, Inc. Page 7 finding that the request is inconsistent with the Comprehensive Plan policies and does not meet criteria set forth in Sections 2.4.5(E) (5), 4.4,21.(D)(5), and Chapter 3 (Consistency} of the Land Development Regulations. RECAMMENDED ACTIQN Move a recommendation of approval of the conditions! use request to establish a commercial "for pay" parking lot, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(E} (5}, 4.4.21(D)(5) and Chapter 3 of the Land Development Regulations, subject to conditions: 1. That the use as a commercial "for pay" parking lot be restricted to "non-business hours" for the businesses located within the SunTrust Bank Building. 2. Approval of a site plan modification by the Site Plan Review and Appearance Board {SPRAB) that is in general conformance with the conditional use sketch plan request and addresses the conditions of approval attached in the staff report; 3. That additional lighting fixtures be provided and a photometric plan verifying compliance with City's average, minimum, and maximum standards of Illumination Levels and Uniformity be provided. 4. That all existing landscaping throughout the site be upgraded and replenished as identified under the landscape section of the staff report (Page 5). 5. That the site visibility triangle be noted on the site and landscape plan. 6. That the location of the proposed attendant's podium be noted on the site plan. 7. That a landscape maintenance agreement be executed to allow the landscape encroachment within SE 3`a Avenue right-of-way. 8. Three additional handicap parking spaces must be provided either within this parking lot (west side of SE 3r~ Avenue} or within the parking lotto the rear of the bank building. Report Prepared By: Jasmin Allen, Planner Attachments: ^ Site Plan • Survey ^ Location Map ~qo w '~" °a c o ~ aa" ~~ u jas a~ ~~ <` a.~a n ~ L Z ~T ~Y s } m i - _ y A Ff 1 4 ~`i~ ~ i'vle E ,r ,, ~ ~ ~; . ~~~~ Fes; ~4" s,~I _ i:= ~ 1 ~ ~ F i ~ r ~ ~~y ~, ~~~~~ ~ q. t ~1 e.-s w+-f~ k . 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J~C O a~VO Y K 4 4 o~ Q ~~` 5 ~~~~ S Z ~ ~ ~ ~N~ ( m 00. a" F ~ 3 ~w ~~ g~ .. ~~ ~ ~ ~5~~ ~G ~ ~< » ~ s c~ w _ - D D E~., ---' z z > z o 0 Q m m w °~ ~ ~ o ---~ -~ o A ~ ~ Q Q ~. z {~} N W W Z Z T L A N T I C N~E• 15T W Q .-. ~- p O Z Z ~ ~ ~ ~ _ _''. ~ ~ ~ ~ ~~ ~ LsJ Z A V E N U E w a w w ~ ~ Q Q S.E. 15T E~ -¢ ~ Q ~ o ~ o r~ z z "~ ~ I=- ~ N Ln ~ W W Uj W W W {/~ ~ (/} ~ .fi"' ~~ N SUBJECT PROPERTY UNITED PARKING SYSTEM ' ~:~ PEANN~NG Ago zoN~r~c LOCATION MAP 1~'-,. ~ DEPARTMENT -- DIGITAL BASE MAP SYSTEh4 -- A1AP REF: S;\Planning & Zoning\0BM5\Rie-Cab\Z-LM 1001-1500\LMS213_~niled Parking Sys{em MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: February 8, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 REQUEST FOR VALET QUEUE/ PINEAPPLE GROOVE ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Pineapple Groove to establish a valet parking queue in the Railroad Parking Lot. BACKGROUND Pineapple Groove, located at 19 NE 3rd Avenue, behind Hand's within the Railroad Parking Lot, has retained Global Parking Services, Inc. to process the request for and, if approved, provide valet parking services for the establishment similar to its predecessor, City Limits. The former valet queue consisted of six (6) perpendicular spaces adjacent to the FEC Railway track, backing out on the the main north/south drive aisle of the Railroad Parking Lot, causing traffic delays during valet operations. The applicant has proposed two (2) options, both mitigating this issue. Option A proposes the use of nine (9) spaces adjacent to the tracks. Traffic control devices will be employed to maintain traffic flow in and out of the queue in a forward motion. Option B, preferred by staff including support from the Police Department, proposes the use of the angled parking spaces adjacent to the north side of the building, also maintaining traffic flow in a forward motion. Utilization of this less traveled artery of the parking lot will further mitigate delays experienced with valet queues on the main north/south roadway. Global Parking Services has provided a letter of commitment from the law firm of Strawn, Monaghan & Metzger, P.A. located at 54 NE 4th Avenue to lease its parking lot. While only 14 spaces are delineated, the valet will accommodate additional vehicles by stacking cars efficiently. At the current $100 per space, per month, the valet queue, if approved, will generate $10,800 in revenue. Since the location of the valet queue is to be determined as part of this request, a sample agreement has been provided for your review. The City Attorney's office will approve the agreement for legal sufficiency prior to execution. The Downtown Delray Beach Master Plan, supported by Policy C-3.2 of the Comprehensive Plan's Future Land Use Element, identifies the advantages of shared parking programs, which the valet parking program facilitates through the use of neighboring private parking lots. Additionally, Comprehensive Plan Policy C-3.1 identifies, among other things, accommodating parking through innovative actions. Therefore, approval of the applicant's request furthers the policies, goals and objectives of the Comprehensive Plan. REVIEW BY OTHERS The Parking Management Advisory Board and Community Redevelopment Agency, at their respective meetings, recommended approval of the applicant's request, with Option B as the preferred queuing area. This item is scheduled for the February 14, 2011 Downtown Development Authority meeting. The findings of the Board's deliberations will be provided during the presentation. RECOMMENDATION By motion, approve the request from Pineapple Groove to establish a valet parking queue in the Railroad Parking Lot using Option B, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan. x, . ,_: r, ~ ~~._ r ~ ~nk~~ ~ 4,` ~ ~~~ ~j ~ ~` ~ ~ z y ~"'a '~' G ~ a' ~' ,$ a i a Y a c a p, Z aP` ~~ ~ ~~ f d~~' ¢~f ~az ~ fix.. ~ -. ~~~~, ~ ,, ... s ~. ~ ~ ° ~'~~'. ~~ ' `-Pineapple Entertainment Inc. Pineapple Gro©ve :(DBA} • 19 NE 3rd Ave , q~fray Beach , Fi 33483 - 561-450-7953 City of Delray Beach Attn :Scott Aronson . Dear Scott, ~ . - ~- We would like to use Global Parking Services as our Valet Service :Provider. Alex Ramirez has informed that he has spbmitted a panting proposal (which we reviewed) and is waiting on your approval. I would be happy to work with you regarding any issues that this may present,•of course Public Safety and City requiremen#s are our number one concern. - , :, ,~ Please con#act me with any questions that }iou may have. ;Y Regards ~ -,-~ ~~~"~" :, Randy Grinter ~ ' Executive Producer Pineapple Groove Entertainment 67-~2o/v Valet Traffic Flow: The valet traffic flow is designed to ensure unimpeded traffic flow by providing sufficient drop off/pick up area so that vehicles will not stack on parking lot roads or in front of spaces in which patrons wish to park. We do not anticipate that any stacking will occur at the valet stand. The valet service will be able to park at least 60 ears per hour (i.e., 1 car per rriinute), which exceeds the peak hour driveway volume. Fallowing are 2 diagrarrts (diagram A and diagram Bj which will indicate the flow of traffic. Whichever diagram is chosen for the traffic flow, will be used during valet operating hours. As shown on the attached diagram A, the valet drop off/pick up area will 6e located near the west side of the existing Pineapple Groove building. Global would use up 8 parking spaces on the west side to facilitate the flow of traffic. The area will have a valet stand, valet signs and cones indicating the direction of traffic. The traffic will be carving from the north to the south as seen in red. The valet attendant will receive the patron's car then drive it to the parking lot. At the tirrie of departure the valet attendant will pick up the patron's car from the parking lot then drive back to the valet area as seen in blue. As shown on the attached diagram B, the valet drop offjpick up area will be located near the north side of the existing pineapple Groove building. Global would use up 8 parking spaces right next to the building to facilitate the flow of traffic. The area will have a valet stand, valet signs and cones indicating the direction of traffic. The traffic will be coming from the west side entrance into the east side of the lot as seen in red. The valet attendant will receive the patron's car then drive it to the parking area. At the time of departure the valet attendant will pick up the patron's car from the parking space then drive it back to the valet area as seen in blue. Fee Structure: Global will charge $5.00 per vehicle from Sunday-Thursday and $10,E}fl every Friday and Saturday. Additionally, Global will also welcome the public to use the valet parking services. P A R K I N~ M A~ A~ E iVi ~ N '7° S® L U "~ 1® N~ P.®. I~etx ~7~3 ~ ®eerfiEfd ~~aeh «FIw. ~34~~ ®TEI: 95~d.~~4.0614 a Fax: 9~4,~~J6.0317 r~u~-.gl~balparkservie~~.~®rn At the time of departure,~the valet attendant will pick up the patron's car from parking Let 1/L1 by exiting the lot and proceeding west until turning south onto NE 3`d Avenue then immediately yielding toward the right of the cones at the drop offf pick up valet service area as seen in green. The valet attendant would also have the option~to pickup a patron`s car from parking Lott/L2 by exiting the lot onto NE 4~h Avenue going north until turning left onto N~ 1st Street heading west, then turning left onto NE 3`d Avenue heading south until approaching the drop ofF/pick up area. The valet area will have a valet stand and cones to facilitate the direction of the traffic. Valet signs will also be placed in various areas to facilitate the flow of traffic. As shown on the attached diagram B, the valet drop off/pickup area will be located near the north side of tine existing Pineapple Groove building off of N1= 3~d Avenue as seen in green. The drop offjpick up area would consist of 8 parking spaces that would be blocked off by using valet cones as dividers between the 8 parking spaces and any incoming traffic off of NE 3`a Avenue passing through the lot. Once the valet attendant receives the patron's car, they have the option to either yield left then right into Lat1/t1 to park the autornobife, or continue heading east until approaching NF 4tr` Avenue, then heading north anti! turning right into Lot 2/L2 as seers in red. At the time of deparkure, tine valet attendant wil! pick up the patron's car from parking Lot ~/L1 by exiting the lot and proceeding weft until turning south onto NE Bra Avenue then imrz~ediately yielding toward the left right into the valet drop off/pick up area. The valet attendant would also have the option to pick up a patron's car from parking Lott/L2 by exiting the lot onto NE 4t~' Avenue going north until turning left onto NE 1st Street heading west, then turning left onto N~ 3ra Avenue heading south until approaching the drop off/pick up area on the north side of Pineapple Groove. The valet area will have a valet stand and cones to facilitate the direction of the traffic. Valet signs will also be placed in various areas to facilitate the flow of traffic. Fee Structure: Global will charge X5.00 per vehicle frortt Sunday-Thursday and $10.40 every Friday and Saturday. Additionally, Global will also welcome the public to use the valet parking serVlCeS. P.O. Box ~~'~3 ®®e~r-~iEld ~~~ci, ~ Vii` 3~~4~ ~ ~"e~: J5~_~~,~.~Ei4 $ Fax: ~~~:~~~.~~~7 vas~.~#®ila~l~~rl~~r~g~es9.e~m 0 ~. Y ~.~.., +W C C7 .~ VY bd CI X Qb 115 .~ ~ ~' ~ ICI.. ~ ~~ .." , ti I ~ ~ t ~~ ~, ,V ii 1, + ~ ~ y cJ 4- 6.... N ~ , ~ ~ ~` "~.. L ~ 1 . L ~ ~ , . .+.~~' ~z a .~ a _ --- ~.. ..., ... = , _. ,~~ ~, .~ - - .. .~. _ . ~.~ ---_ _. - - ~ .' .~ _... i !G1~ne:~ - _ . _;: "_"""' 1 ~~.;~ ~. ¢~ f~ '. ~m~. .. 1. ,~ -_.__.. _... ~~ ^. :a „~ ~ _.. ~1 ~ _ ti ti "' - -- ~ ~ _ ~Jli~ ~ 1 ,J ,: _. i ~"~ 1~ ~ ~ ' --~ 1 ~~ , a ,~ , ,,.,._ -`' ~ ,1 ». 1 y ~ ,_ .._. _ ~.„- ;~ _ ~ v ~ ~~ , ~ ~ a [7 ~ ~ ~ ~ ~ ~ a ~. `~ s~.. ~s ~s ~ ~ a~ o ,~, s ~ c ~ ~ ~a a PARKING LICENSE AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of , 2011, by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "CITY"), and , a Florida corporation ("LICENSEE"). WITNESSETH: WHEREAS, LICENSEE has requested permission to use a certain number of public parking spaces within the Railroad Parking Lot and certain public rights-of--way for valet parking queues; and WHEREAS, in order to use the parking spaces, the CITY requires that LICENSEE enter into this non-exclusive License Agreement. NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00), the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: L Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. Parking Queues. The CITY agrees to allow LICENSEE the non-exclusive use of (#) parking spaces located for valet parking queues. The parking spaces are to be used for valet parking queues daily between the hours of p.m. to a.m. on ( days per week). LICENSEE acknowledges that the valet parking queues may be unavailable for use during certain special events from time to time (as determined in the CITY's sole discretion) and during the special events, the license will not be valid. It is also understood by the terms of this Agreement that the valet queue location may from time to time be re-located by the CITY in its sole discretion after providing thirty (30) days' written notice to LICENSEE. The LICENSEE and or the Valet shall not restrict the use of the Valet Queues to only persons using the LICENSEE'S business, but the valet queue shall be open to anyone wanting to use the valet service offered by LICENSEE. The City Manager or his designee(s), shall enforce the provisions of this agreement, including the location, time, days of the valet service, parking limitations and requirements, and compliance with all applicable laws and ordinances. When required by law, the enforcement shall be accomplished through personnel authorized by law to enforce the law. 3. Parking Locations/Agreements. LICENSEE agrees that LICENSEE and/or its employees will not park any cars in CITY owned on-street or off-street parking spaces LICENSEE further agrees that LICENSEE will provide the CITY with current written assurances and/or a lease agreement for use of a private parking lot(s). The private lot(s) must also comply with minimum City codes for a parking lot(s). LICENSEE shall also provide the CITY with a copy of its current valet agreements, and a copy of its current insurance certificate as set forth in Exhibit A. LICENSEE will ensure that the valet service is operated in a manner that will not result in cars stacking on and/or blocking the travel ways of any alleyway, public street or parking lot. These assurances and agreements must be provided upon execution of this License Agreement., when there is a change in any agreement referred to herein or upon the request of the CITY. Failure to comply with these conditions will be a basis for termination of this License Agreement. 4. Payment for Parking Queue Spaces. LICENSEE agrees to pay the CITY dollars ($) per month, per parking queue space utilized by the 10th of each month. A late fee of 5% will be charged after this date. If more than one License Agreement is issued for the queues, the fee will be shared proportionately. 5. Si~na~e. The CITY agrees to post the valet parking queue spaces with valet parking times and days authorized. Sandwich board signs may not be used to advertise the valet service. Advertising signs will be allowed as prescribed by the City's Manager or his designee. 6. Valet Service; Valet Equipment. The LICENSEE'S operator may for the storage of keys install a moveable, temporary, valet desk on the sidewalk, either public or private, during the hours of valet service so long as the desk does not impede the pedestrian flow. 7. Term and Renewal. This Agreement shall expire on March 30th each year. The License may be renewed by the City Manager following receipt of a written notice from LICENSEE that LICENSEE desires to continue using the parking spaces for valet parking queue, if the City Manager determines in his sole discretion that the renewal is in the best interests of the CITY. The City Manager may add additional provisions to this agreement upon 2 renewal, including but not limited to, the requirement to use an off-duty police officer during the time and dates the City Manager deems advisable. 8. Revocable License. This Agreement is only anon-exclusive License Agreement and may be revoked by the CITY at anytime with or without cause during the initial term or any renewals thereof upon providing written notice via U.S. Mail to LICENSEE. The revocation shall be effective when mailed. 9. Compliance with Laws. LICENSEE agrees to comply and adhere to all state laws and local ordinances regarding parking that exist or as amended from time to time. LICENSEE further acknowledges that due to the high traffic in this area, double parking unattended vehicles will not be permitted. 10. Notice. Notices required to be provided pursuant to this Agreement shall be sent to the following addresses: To CITY: David T. Harden, City Manager 100 N. W . 1st Avenue Delray Beach, Florida 33444 To LICENSEE: 11. Insurance. LICENSEE agrees to provide the CITY insurance for the valet service in the amounts and under the conditions prescribed in Exhibit A which shall at all times remain current. The City of Delray Beach shall be named an additional insured. 12. Indemnification. In consideration of the payment of Ten Dollars ($10.00), receipt of which is hereby acknowledged, LICENSEE shall protect, defend, indemnify and hold harmless the CITY from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease for any personal injury, loss of life and/or damage to property sustained in or about the parking spaces/queues by reason or as a result of the use and occupancy of the parking spaces/queues by LICENSEE, its agents, employees, licensees, invitees, and members of the public generally, and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabilities incurred in and about the defense of any such claim. In the event the 3 CITY shall be made a party to any litigation commenced against LICENSEE or by LICENSEE against any third party, then the LICENSEE shall protect, defend, indemnify and hold the CITY harmless and pay all costs and attorney's fees incurred by the CITY in connection with such litigation, and any appeals thereof. 13. Third Parties Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 14. Penalties for Violations/Termination LICENSEE for: Penalties will be imposed upon the (1) Valet parking of cars in either on-street or off-street public parking spaces; and/or (2) Valet parking of cars in the designated parking queues; and/or (3) Expanding the designated parking queues area. The penalty schedule for the above violations is as follows: 1st violation - warning 2nd violation - $200 3rd violation - $500 4th violation - Termination of License Agreement Notices of violation will be written by a Police Department representative and will be sent to the LICENSEE with a copy to the City Manager. Failure to make payment within thirty (30) days of receipt of the notice will result in termination of the agreement. LICENSEE acknowledges, however, notwithstanding the foregoing that the CITY may terminate this non-exclusive License Agreement without cause or for cause. LICENSEE will at all times comply with the City's policy/procedure for use of public parking spaces/queues which shall change from time to time subject to the sole discretion of the City. 4 15. Taxes. LICENSEE shall pay and comply with all laws regarding taxes, levies, assessments, fees and charges, including, but not limited to gross receipts, taxes, use taxes, property taxes, and sales taxes that may be imposed. 16. Assignment. This Agreement shall not be transferred or assigned without the express written consent of the CITY, which the CITY may withhold grants in its sole discretion. 17. Further Assurances. The parties shall from time to time execute and deliver such other and further instruments and documents and do all matters and things which may be convenient or necessary to more effectively and completely carry out the intent of this Agreement. 18. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 19. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 20. Amendments. This Agreement may not be amended, modified, altered, or charged in any respect, except by a further agreement in writing duly executed by each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this day of , 2009. THE CITY OF DELRAY BEACH, ATTEST: a Florida Municipal Corporation City Clerk By: Approved as to form: City Attorney Mayor 5 (CORPORATE SEAL) By: Name Printed: Title: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this 200 by as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a day of (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public -State of Florida 6 EXHIBIT A INSURANCE REQUIREMENTS FORM 1. Workers' Compensation per the Statutory limits of the State of Florida to include Employer's Liability Insurance with limits of at least $100,000/$500,000/$100,000. 2. Garage Liability Insurance of at least $1,000,000 combined single limits per occurrence to protect the City against all risks of injury to persons (including death) or damage to property wherever located resulting from any action or operation under the contract or in connection with the work. This policy is to provide coverage for premises/operations including auto liability, independent contractors, broad form contractual liability, products/completed operations. 3. Garage Keepers Insurance with limits of no less than $60,000 per auto, with an annual aggregate of $500,000. 4. Automobile Liability of at least $300,000 combined single limits per occurrence for owned/non-owned/hired automobiles connected with the business. 5. The City of Delray Beach and PRIVATE LOT OWNERS must be named as additional insured on the liability policies; and it must be stated on the certificate. 6. Thirty (30) days written cancellation notice required. 7. Best's guide rating B+, VIII or better, latest edition. 7 ~~ ~ , ..P P A . ~ ~~. __ 1T°~ i~d ~- ~,,, n r ~ „ - ,111F. ... ~,,... ,._~ iv~r~ ~, ~ ~~ ~ F. .. ~, .~ ~ .~ f ... 1 ul ,~ ~ ~ Y ti , i, ~ c~ ~, L.~ ~ ~ r ~ i~; ~ _ ~. ~~~ r4 ~:~ ~j~ ,~ i,; ~, ...~. ~ ~ ~ /~ ~ ~ ~. k, s ~ ~ ~ !' ~ ~ a - a,E ~~,,. ~~ ` i , ,~' ~ u. ,~, ~I ~% ,~ _ . ;~ s, ~s , r 1' it ,., f.. .~' 1i ,,., - ,q _ ~ .. .,,, ~~ '~ 'ra fy a, ~ hvN;~ NE 4th Ave ~~ .~ r; _ ,,,a, ., ~II~'_ _..~.~ ~,_ ,. .. > ,- ,~ O , ~~~ ~ ~ x`.. ~ ~ ~ ~ ~ ,.- ao ~~ ,~° .~ r n ~ o ~~ i, ~ ~ __ ~ ~ ~~ ~ ~ ~ - ~ ~ F ~ ,. fC ,h l'' c r III ~ L. a ~, .~ ~.~ .. ~~ :~ i ` ~ ~ ~ ,..~ Q- ~~ a a, „,, .. ,r,~ ,- m > ,:, ~ o ~k ~ ~ ~ ~ ~~ a ~ ~~ ~, :: , ',,,, ~, ~ - •~ ~ ~ r u ~ , ~_~~ , uuu( ~, ~~'% ,, ~,, ~ ~ ,, ~, rY ._ q~ .. _. ~~.Y ~ -~ ~i T' __ fu FlhF ~! F~ K''. ~,I III }~r~. - ~ ... ~ ~ ~ ~~~~J , ~t ~: ! Y!/ ~ ,. T~ i MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: February 10, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 GRANT APPLICATION/ FLORIDA COMMUNITIES TRUST (FCTI ITEM BEFORE COMMISSION This item before Commission is a request for authorization to submit a grant application to Florida Communities Trust (FCT) for the acquisition of three parcels surrounding the "505" Teen Center and Skate Park between SE 5th Avenue and SE 6th Avenue (US1 Corridor) and to approve matching funding in the upcoming 2012 Capital Improvement Plan. BACKGROUND The Parks and Recreation Department is preparing a grant application to the FCT to purchase properties for expansion of the recreation facility that currently includes the "505" Teen Center and Hobbit Skate Park. The three parcels we would acquire surround the recreation facility and skate park which is located in the CRA district between SE 5th and 6th Avenues (US 1 corridor), between SE 5th and 6th Streets. These parcels formerly housed the Bus Station, an auto collision body shop and a restaurant (already demolished) and have been sitting vacant for some time, presenting an eyesore to the City. The total estimated asking price for the three parcels (1.91 acres) is currently $2.3 million. Our total FCT grant application amount is $2,305,000 which includes a 40% local match of $922,000. The owners of these parcels have agreed in writing to entertain a purchase offer from the City of Delray Beach and the Florida Communities Trust. At the February 10, 2011 CRA meeting, the CRA agreed to fund half the matching amount for the grant ($461,000). The actual funding for the match would not be required until next fiscal year (2011-2012). This is an opportunity to acquire and develop land that has been sitting vacant for some time and presents a blighted, unattractive appearance to residents as well as visitors to our City. The Parks and Recreation Department is proposing to transform the anticipated purchase of the 1.91 acres surrounding the 1.64 existing acres which encompasses the Teen Center into an open space, vegetative, recreational, and educational environment which will promote economic development and growth in this area and provide a much needed park and natural resource area for the residents in this community. Plans for the development of this project site include the following: ~ One-half mile in length walking trail integrated throughout the project site with outdoor fitness equipment ~ Benches, water fountain, interpretive kiosk, pavilion, playground equipment, open butterfly garden and open area for recreational open play ~ Extension of the existing skate park ~ Renovation of the existing building on the northern lot into a recreation facility with classrooms for recreation and environmental programming ~ Additional parking spaces ~ Open space seating area These improvements would be accomplished in phases and probably would not commence until the year 2013. The approximate cost for the improvements would be between $950,000 - $1.2 million. Some of the project highlights include improving the quality of the surface water and addressing flooding issues because 75% of this property is located in a 100 year flood plain, and increasing the acreage of recreational facilities to improve the adopted levels of service standards established in the comprehensive plan for recreation or open space. Acquisition of all three parcels would allow for assemblage of a larger, unified site in an area with limited recreational opportunities for the youth and would ultimately, through all the enhancements, help increase the value of the surrounding properties. We expect that this new development of additional recreational facilities will meet the needs of the community at this key location with underutilized property and give a much needed area to provide indoor and outdoor recreational and educational opportunities for the children and adults in the local neighborhoods. FUNDING SOURCE The funds for this project would be allocated from the 2012-2016 5-year Capital Improvement Budget. RECOMMENDATION Parks and Recreation recommends City Commission approval for submission of the Florida Communities Trust Grant and the appropriate matching funds. Meeting Date: February 1 ~, 2011 Agenda Item: REQUEST FOR MATCHING FUN05 FCT GRANT APPLICATION FOR EXPANS-iION OF TEEN CENTER Attached please find a memo from Parks and Recreation Director Linda Karch and Acting Recreation Superintendent Alberta Gaum, requesting CRA participation in an application -for a grant from the Florida Communities Trust (FCT). The grant would be used to purchase property for the expansion of the recreation facility that currently includes the 505 Teen Center and skate park. The property is located in the CRA district between SE 5~" and SE 6'" Avenues (US 1 corridor), between SE 5t" and 6'" Streets. CRA funds in the amount of $4~i1;000 are being requested to make up half of the required 40% match {total match $922,000). It is anticipated that the City will provide the other half of the match. The total estimated cost to purchase the 1.91 acres is $2.3 million. The properties consist of a vacant parse! to the south of the Teen Center, and to the north a vacant auto body shop and former Greyhound Bus Station. immediately north of the body shop and bus station is the Maiiory Square townhouse development. The vacant buildings and associated parking areas are in a state of disrepair and do not meet current parking and landscape codes. The City's purchase of the properties would permanently remove commercially zoned property from the tax rails, which would have an initial negative impact on the tax base. However the acquisition of these substandard sites would be consistent with the CRA's goal of eliminating slum and-blighted conditions. It is likely that environmental issues will be identified as a result of the previous auto_reiated uses. It would be unfortunate if an auto repair facility were to become re-established at "this location, unless significant upgrades were made to the property. Acquisition by the City would allow for the assemblage of a larger, unified site in an area with limited recreational opportunities for youth. Demolition of the existing structures and the planned installation of landscaping, walking trails and recreational features should ultimately help to increase the value of surrounding properties. if the board supports this request it will be necessary to include the project in a future amendment to the CRA Plan. Staff is working an revisions to the current plan and expects to have an amended plan ready for board appravai before the end of this fiscal year. An Interlocal Agreement with the City woufd also be prepared for appravai at a future CRA board meeting. The funds for this projec# would be allocated from the FY 2011-2012 budget. Recommended Action Direct staff to include the provision of matching funds for the expanded Teen Center/Skate Park recreational facility in the upcoming amendment to the CRA Plan. Submitted By: Diane Colonna Executive Director i I ~. __ ~., _ ~; ®kY ca~r~~ct~rv R~arw~~.apnn~rar ~GiNCv February 11, 2~1~. Linda arch, irectar larks and l~.ecreatian If~~epartrr~erat ~~ ~ 1st Avenue Delray Beach FL ~44'~ SCE: ~ ,4pq~r~araal e~f tcl~in~ Funds furor F ~ Grant Dear Linda.. This letter will canfirr~ that apt last n~iight's rneeti~rb of the ~arnrr~unity Redevelaprnent Agency (l~A~ board, the board voted una~nimausly to approve the request far rn~atching funds far the FCT grant application. The arraaunt of funding apprawed was $4~~.,O~ld~, to be rnad'e available when needed for the property acquisitian~. The board was eery ~uppa~rtive of the project due to iits consistency with the CRA's objectives of elirninatin,g slurp and bll~hted properties within the district, If you need ad~litic~nal inforrr~ation pNease don`t hesitate to call. Sir~~rel'y~ Diane Colonna Executive I~irectar ~ Nar$I~~ Sinjar~ ~ven~e ~,~ Be~ra~ Beach, ~~ar~~a 33444 ~ Bhar~e: 6/276-64~ fau: 6611276-~55~ ~ w.~ehraycra,arg // ,- L, ~ ~~~~ ~'l+ ~p.~ t!}}! ~~;~~~ ,~ ,'~~ • ~ ,~ ~~ ~~, ,+r'! - ti '. ~' ~~~~ ~* y • s. 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Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 8, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 CONSULTING SERVICE AUTHORIZATION N0.06-10.2/ CURRIE SOWARDS AGUILA ARCHITECTS ITEM BEFORE COMMISSION Staff requests direction regarding funding alternatives for the Pompey Park Concession Building Rehabilitation project, and approval of Currie Sowards Aguila Architects Service Authorization # 6-10- 2for design of the second phase of the project. BACKGROUND At the December 7, 2010 regular meeting, the Commission approved agenda item 9.C., Service Authorization 6-10-1 for Currie Sowards Aguila Architects in the amount of $25,250 for preparation of construction documents, permitting and construction administration for the first phase of the Pompey Park Concession Building rehabilitation project. The first phase scope generally consists of renovation of the first floor facilities including office, kitchen and restroom areas. Improvements programmed for the the second floor of the facility are defined in the phase II scope of the project and generally include the installation of an elevator for handicap access, a new stairwell, and expansion of the second floor press box, essentially doubling its size to provide requested meeting space for baseball league activities. The City's budget for this project was established at $218,500 in the current year Capital Improvement Plan (CIP). Since the estimated construction costs of $442,000 for the overall project scope exceed the budget, staff recommended construction of the first phase (first floor renovation) with available current year dollars, and the programming of funding for the second floor scope (press box expansion and elevator installation) in the FY 2012 CIP. During discussion of the project scope and design parameters, Commission indicated a preference to construct the project in a single phase. In seeking potential sources of supplemental funding for the overall project, it was noted that the Community Redevelopment Agency (CRA) had budgeted $200,000 for parks improvements in the City's southwest neighborhood. It was suggested that the CRA could consider a plan and budget amendment to transfer those budgeted funds to parks in the City's northwest neighborhood, thus qualifying them as a potential funding source for the concession building project. By consensus Commission directed staff to request that the CRA consider reallocating the referenced funding for the Pompey Park Concession building project. Staff was also to research other internal sources for the additional approximately $60,000 that will be required to totally fund the project. The funding request was heard by the CRA Board at their January 27, 2011 meeting. After a lengthy discussion focusing on the reasons for the cost increase and relative priority of the project in the CIP, the CRA Board approved a proposal to lend the City the $200,000 to be repayed within a three year period. In order to proceed with the project, staff is seeking Commission direction as to the preferred funding method for construction. Alternatives have been identified as follows: 1. Accept the CRA proposal of a loan 2. Fund the shortfall from general fund reserves 3. Place the project on hold pending identification of grant opportunities 4. Reconsider the construction of the first phase only this year 5. Postpone the project and program adequate funding in FY 2011/2012 6. Shift five other projects to FY 2012 to free up funding for completing both phases in the current budget year. For any of the listed funding alternatives, it would be beneficial to have the construction documents for the entire project completed this year. Any current year construction will require the plans to be completed to accommodate permitting and construction. For any project components to be constructed next fiscal year, the completion of plans and permit acquisition this year will allow the bidding and construction phases of the project to commence immediately at the beginning of the fiscal year. Based on these considerations, staff recommends award of the second phase design contract to Currie Sowards Aguila in the amount of $27,000. The scope for this phase is all inclusive from plan preparation and permitting to bidding services and construction administration. FUNDING SOURCE Funding is available for the phase II design proposal in account #334-4127-572-62.10, Pompey Park Buildings, after budget transfer. RECOMMENDATION Staff recommends award of Service Authorization 6-10-2 to Currie Sowards Aguila in the amount of $27,000. We recommend option 6 for construction funding, which involves moving the following projects with budgets totalling $210,000 to FY 2012: L Fire Tranining Center Restoration (there is again interest in trading this property) 2. Police Station Exterior Painting 3. Teen Center Renovations 4. Fire Department Mobile Radio 5. SE 1st Street RR Crossing (this project cannot be completed this year) CURRIE SOWARDS AGUILA ARCHITECTS CONSULTING SERVICE AUTHORIZATION DATE: January 10, 2011 SERVICE AUTHORIZATION N0. 06.10.2 FOR CONSULTING SERVICES CITY P.0 #: CITY PROJECT # CITY EXPENSE CODE: TITLE: Pompey Park Concession Stand - Phase 2 Permit Drawings CSA Project # 100707 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Agreement between the City of Delray Beach and Currie Sowards Aguila Architects, dated October 17, 2006. I PROJECT DESCRIPTION Project consists of preparation of bidding and permit documents for the area previously defined as "Phase 2", generally consisting of the second level plan including the elevator and stair for access to the second level area. Project includes services through final building C.O. "Phase 1" permit documents are included in a previous authorization. II SCOPE OF SERVICES The Architect will prepare necessary construction documents sufficient for bidding and permit of the area noted as "Phase 2", which generally includes the new elevator and associated machine room, the new stair tower to access the second level, expended second floor press box area, new roof and trusses, new impact windows and doors and new interior finishes. Modifications will result in a new plan layout, all new impacted finish treatments, and new electrical and mechanical systems. Disciplines include architectural, structural, and MEP services. Civil engineering and landscaping design are not included in this request as there are no anticipated civil requirements and the existing landscape is minimal and maintained by the City. Deliverables include but are not limited to: • Floor Plan • Roof plan • Exterior elevations • Interior Elevations • Interior wall sections and details • General notes • Door and Window Schedules • Electrical power plan • Electrical lighting plans • Electrical panel and • Book specifications riser details • New mechanical system plans III BUDGET The Architect will complete the above noted services for a lump-sum fee of Twenty-Six Thousand Seven Hundred and Fifty Dollars ($26,750.00) and No Cents. In addition, reimbursable expenses are estimated at not to exceed $250.00. Payments will be made monthly based on percent completion in accordance with the terms of the base Agreement. IV COMPLETION DATE Upon written notice of approval to proceed, the Architect will complete these services within ninety calendar days. This Service Authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of services rendered in the previous phase or as encompassed by the previous Service Authorization. If the City in its sole discretion is unsatisfied with the service provided in the previous phase or Service Authorization, the City may terminate the Contract without incurring any further liability. The CONSULTANT may commence work on any Service Authorization approved by the City to be included as part of the Contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH CURRIE SOWARDS AGUILA ARCHITECTS Date: Date: Nelson S. McDuffie, Mayor Jose N. Aguila, AIA, Principal (Corporate Seal) Attest: Witness Witness STATE OF FLORIDA COUNTY OF PALM BEACH The following instrument was Acknowledged Before me this Day of , 2011, by Jose N. Aguila, of Currie Sowards Aguila Architects, a professional Association. He is personally known to me and did not take an oath. Notary Public My Commission Expires: SEAL BRA DfLRAY g~nc+~ COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING Thursday, January 27, 2011, 6:00 p.m. City Commission Chambers Delray Beach, FL 33444 BOARD MEMBERS PRESENT: Howard Lewis Tom Carney Peter Arts Cathy Balestriere Herman Stevens Bill Branning STAFF PRESENT: Diane Colonna DJ Doody Vince Wooten Jeff Costello Jean Moorefield Francisco Perez-Azua Scott Aronson Alyona Ushe BOARD MEMBERS ABSENT: Veronica Covington OTHERS PRESENT Scott Porten S. Ramirez Michael Malone Jess Sowards Greg Weiss Linda Karch Angeleta Gray Abby Murrell Lisa Hamilton Evelyn Dobson Nguyen Tran Brian LaMotte Chairman Howard Lewis called the meeting to order at 6:00 p.m. 1. Approval of Agenda - Mr. Branning made a motion to approve the Agenda. Mr. Arts seconded the motion and it passed unanimously. 2. Approval of the Minutes of the Regular Meeting of January 13, 2011 - Ms. Balestriere made a motion to approve the Minutes of the Regular Meeting of January 13, 2011. Mr. Branning seconded the motion. The motion passed unanimously. 3. Public Comments on Non-Agenda Items (Note: comments are limited to 2 minutes in duration, and will be responded to at the next board meeting) -None 4) P&Z -Request to Establish Valet Queue in Railroad Parking Lot for Pineapple Groove - Parking Management Specialist Scott Aronson presented a request from Pineapple Groove, located at 19 NE 3~d Ave. to establish a valet parking queue from 5 pm to 2 am in the Railroad Lot adjacent to the building. Option A and Option B were discussed. Option B, which was recommended by staff and the police department, proposed reserving 9 existing angled parking aisle spaces immediately adjacent to the north side of the building, which includes access from NE 4th Avenue and NE 1St Street. The current fee of $100 per space, per month, would result in $10,800 annual revenue. It was the consensus of the board to support Option B to reserve 9 existing angled parking aisle spaces immediately adjacent to the north side of the Pineapple Groove building. Consent Agenda: 5. CRA Monthly Work Plan Progress Report -December 2010 6. DMC Monthly Progress Report for WARC & Pineapple Grove -December 2010 7. Right-of-Way Dedication -Arts Incubator/Warehouse Parking Lot (362 NE 3`d Avenue) Ms. Balestriere made a motion to approve the Consent Agenda. Mr. Branning seconded the motion. The motion passed unanimously Old Business: None New Business: 8. Funding Request -Pompey Park Concession Stand/Press Box Building -Assistant Director Jeff Costello informed the board that the City's adopted budget and associated Capital Improvement Plan (CIP) for FY 2010-2011 lists renovations to the Pompey Park concession stand/press box building as a project, with funding to be provided by the City of $218,500. Mr. Costello introduced Jess Sowards, of Currie, Sowards, Aguila, who gave apower-point slide presentation illustrating the condition of the building, code violations, structural issues, mold, and water intrusion. Mr. Sowards estimated the costs for the renovations would be $442,000 (less $35,000, if the project is done in one phase). Mr. Costello indicated that there is a funding deficit of $223,500 and noted that the City has requested that the CRA fund the balance of the project, so it can be constructed in one phase. Mr. Costello also indicated that, if the CRA contributes to the concession stand and press box improvements, a CRA Plan amendment would be required, since the current Plan does not include projects at Pompey Park. Also, a budget amendment, and an amendment to the CIP Interlocal Agreement with the City would be required. A lengthy discussion ensued regarding reasons why the plans exceeded the original budget including whether or not it was necessary to provide an elevator to access the 2nd story of the press box. Mr. Costello introduced Parks and Recreation Director Linda Karch and staff member Abby Murrell, who addressed several issues including an explanation of why there are two separate Little League teams in Delray Beach. Mr. Carney made a motion to direct staff to amend the Interlocal Agreement with the City to allow the CRA to loan the necessary funds to the City at zero percent interest, with a three year repayment plan. Mr. Arts seconded the motion. The motion passed 5 to 1, with Mr. Branning dissenting. 9. Discussion Regarding Chamber of Commerce Relocation Schedule -Executive Director Diane Colonna explained that in October of 2010, the Chamber of Commerce (Chamber) 2 submitted a letter to the City and to the CRA asking that their move to commercial space at the Old School Square garage be accelerated due to the current condition of their existing building. Pursuant to the "Chamber of Commerce Relocation and Public Parking Space Agreement" ("Relocation Agreement") executed by the City, the Chamber, the CRA and Old Library Development LLC, the developer is to assume the costs of relocating the Chamber offices to the commercial space in the Old School Square garage. Ms. Colonna provided a breakdown of the costs included in the current Relocation Agreement and the recommendation by City Manager David Harden to the City to review the Chamber's request. The City Commission directed City and CRA staff to explore the possibility of the CRA advancing funds in the amount of approximately $473,000.00 to build out the space at in the Old School Square garage. In order advance these funds, an amendment to the Relocation Agreement must be reviewed and approved by all four parties. Chamber President Mike Malone, Chamber Economic Development Committee Chairman Scott Porten, and member Jay Alperin addressed the board regarding the deteriorating status of the existing building and the dilemma they have deciding whether they should invest in repairs at the old location, or accelerate their move to the space in the Old School Square garage. A discussion commenced regarding improvements needed at the existing building and, with regard to advancement of funds for the move 1) whether the funds would be advanced to the City or to the Chamber of Commerce; 2) how and when the CRA would be reimbursed; 3) whether the City or Chamber of Commerce will agree to reimburse the CRA if the contract with the developer falls through; and 4) who will contract for the build-out and oversee the project. Mr. Carney made a motion to continue consideration of the item to the next meeting. Ms. Balestriere seconded the motion. The motion passed unanimously. 10. Amendment No. 1 to Interlocal Agreement with the Delray Beach Housing Authority (DBHA) - 82 NW 5t" Avenue - Mr. Costello noted that at July 22, 2010 meeting, staff was directed to prepare Amendment No. 3 to Agreement for Purchase and Sale for 82 NW Stn Avenue to extend the time frame for the Delray Beach Housing Authority (DBHA) to close on the financial loan by 180 days, to February 9, 2011, and it authorized the CRA Chair or Vice Chair to execute the Amendment, on behalf of the board. If the DBHA fails to satisfy the requirements to secure financing or commence construction, the CRA could exercise its Right to Repurchase the Property for the sum of $324,000.00, by providing written notice to the DBHA thirty days prior to a closing date. Mr. Branning made a motion to approve Amendment No. 1 to the Interlocal Agreement between the CRA and the Delray Beach Housing Authority (DBHA) to extend the time frame to close on the financial loan to construct the project at 82 NW 5t" Avenue until February 9, 2012. Ms. Balestriere seconded the motion. The motion passed unanimously. 11. Request for Bids (RFB) - 57 SW 5t" Avenue Parking Lot - Mr. Costello briefly referred to a Work Assignment with Calvin, Giordano & Associates, Inc. to design and prepare construction documents associated with the 57 SW 5t" Avenue Public Parking Lot project. The project is scheduled to be advertised for bid on Sunday, January 30, 2011 and a mandatory pre-bid conference is scheduled for Thursday February 10, 2011 at 10:00 am. Sealed proposals are to be received at the City of Delray Purchasing Division by Tuesday March 1, 2011at 2:00 pm. 3 Mr. Carney made a motion to authorize staff to issue the Request for Bids for 57 SW 5th Avenue Parking Lot. The motion was seconded by Ms. Balestriere. The motion passed unanimously. Other Business: 12. Comments by Commissioners - Mr. Branning commented that the CRA did not have the opportunity to provide input for the landscaping design plans for medians on West Atlantic Avenue and suggested that the CRA request that the City call a halt to the process before the work starts so that the CRA can have the opportunity to review the plans. Mr. Arts asked how the 9th Avenue West Atlantic RFP Pre-bid meeting went. Mr. Costello responded that it was well attended by developers, consultants, planners and architects. He also advised that the new Cluster Study was forwarded to those who attended that meeting. Mr. Lewis thanked staff and board members who attended the Annual Roundtable Discussion. 13. Comments by Board Attorney -None 14. Comments by Executive Director - Ms. Colonna informed the board that the 2010 CRA Annual Report has been completed and it has been delivered to various venues around the City for citizens to review. She commended Elizabeth Butler for the excellent job she did preparing the report. Ms. Colonna announced that the new, hard bound GreenMarket cookbook entitled "Tastes of the Season", which was compiled by GreenMarket Manager Lori Nolan, is now available for sale at the Delray Beach GreenMarket for $12.00. 15. Comments by Staff -None There being no further business the regular meeting adjourned at 8:10 p.m. Howard Lewis, Chairman Diane Colonna, Executive Director 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Parking Management Advisory Board. BACKGROUND Mr. George Brewer, Citizen-at-Large Representative on the Parking Management Advisory Board, verbally resigned effective January 25, 2011. This creates a vacancy for one (1) Citizen-at-Large Representative to serve an unexpired term ending July 31, 2011. The Parking Management Advisory Board was established by Resolution No. 88-97 on December 9, 1997. The purpose of the Board is to advise and provide recommendations to the City Commission regarding parking management policy and related issues including but not limited to, the planning, financing, development, construction and operation of parking facilities within the boundaries of the Transportation Concurrency Exception Area (TCEA), as well as, all public parking areas located along State Road A-1-A within the corporate limits of the City. The following individuals have submitted applications and would like to be considered for appointment: George Mancini Mel Pollack (currently serving on the Board of Adjustment) Brian Rosen 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 Fetzer (Seat #2) for one (1) Citizen-at-Large Representative to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointment of one (1) Citizen-at-Large Representative to serve on the Parking Management Advisory Board for an unexpired term ending July 31, 2011. 02/11 PARKING MANAGEMENT ADVISORY BOARD TERM MEMBERS CATEGORY EXPIRES 07/31 /11 Mark Krall a~ 09/20/10 P & Z Ratified 10/19/10 07/31/12 William Morse CHAMBERS a~ 0/21/10 Ratified 08/17/10 07/31/11 Herman Stevens CRA a~ 0/09/09 Ratified 09/10/09 07/31 /12 Margie Walden WARC Unexp Appt 10/19/10 Ratified 11/02/10 07/31 /12 Fran Marincola, Q~air a~ m/2o/o6 alt DDA Ratified 08/15/06 alt Reappt07/14/08 reg Ratified 08/19/08 reg Reappt07/12/10 Ratified 08/17/10 The representatives above are ratified by the City commission. The representatives below are appointed by the City Commission. 07/31 /12 Peggy Murphy Atlantic Avenue Comdor a~ 01/05/10 $etween Swinton Avenue and the Intracoastal 07/31 /12 Alan Kornblau Atlantic Avenue Comdor Unexp Appt 01/03/08 $etWeen SWiritOn AVenue Reappt 01/05/10 and Interstate 95 07/31 /12 John Gergen Atlantic Avenue and State Unexp Appt 05/06/08 Road AIA COTT1dO2S and Reappt o1/05/10 lying East of the Intracoastal Waterwa 07/31 /12 Cecelia $oone Old School Square Unexp Appt 03/21/06 H1St021C AT'fS I~LStt1Ct Reappt0l/15/08 Reappt0l/05/10 07/31 /11 Mr. $ruce Gimmy Citizen at-Large Unexp Appt 12/01/09 07/31 /11 Citizenat-Large Vacant PARKING MANAGEMENT ADVISORY BOARD ALTERNATE MEMBERS TERM MEMBERS CATEGORY EXPIRES 07/31 /12 Cary Glickstein &Z Unexp Appt 10/18/10 Ratified 11/16/10 07/31 /12 CHAMBERS Vacant 07/31/12 Veronica Covington CRA Appt 06/24/10 Ratified 08/17/10 07/31 /12 ARC Vacant 07/31 /12 Diane Franco DA Unexp 08/21/09 Ratified 11/17/09 Reappt07/12/10 Ratified 08/17/10 S/City Clerk/Boardll/I'arking Mana~xnent AchnsoryBoard Contact: Scott Aronson -Parking Management Specialist 243-7196 Commission Liaison: Commissioner Gary Eliopoukos MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: February 9, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 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 Mr. Waymon Dixon, regular member on the Code Enforcement Board, was removed due to having missed three (3) consecutive meetings. This creates a vacancy for one (1) regular member to serve an unexpired term ending January 14, 2012. Mr. David Boone is an alternate member and would like to be considered for regular membership. 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 current board membership includes a business person, a general contractor, and a real estate consultant. 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 Gray (Seat #4) for one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. 01/11 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 /14/2014 Kelli Freerr~an Staffing Manager Business Amt 01/03/08 reg PerSOn Unexp Appt 10/2/07 alt Reappt0l/04/11 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 Unexp Appt Vacant 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/CityQerk/Board 11/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) 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: Paul Dorling, Planning and Zoning Director THROUGH: David T. Harden, City Manager DATE: February 11, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 ORDINANCE NO.04-11 ITEM BEFORE COMMISSION Staff is requesting that Ordinance No. 04-ll (privately initiated amendment to the Land Development Regulations regarding segways) be postponed until the March 15, 2011 City Commission Meeting. BACKGROUND Staff feels that it is appropriate that a planned City-wide segway regulatory ordinance be adopted concurrently with this privately initiated amendment related to segways. There were some differences between the two. Additional time will allow the planned City-wide ordinance and the privately initiated amendment to be more closely aligned. RECOMMENDATION Staff requests postponing Ordinance No. 04-ll until the March 15, 2011 City Commission Meeting. MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 7, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF FEBRUARY 15, 2011 ORDINANCE N0.03-11 ITEM BEFORE COMMISSION Consideration of a privately sponsored rezoning from Agricultural (A) to Professional Office District (POD) fora 2.09 acre parcel located on the north side of West Atlantic Avenue to the west of High Point Boulevard and the Delray Garden Center. BACKGROUND The project site is currently vacant and was until recently part of the Delray Garden Center. This is a privately-initiated rezoning request to go from Agricultural (A) to Professional and Office District (POD) to accommodate the future site of the Spodak Dental Office Building. REVIEW BY OTHERS At its meeting of January 24, 2011, the Planning and Zoning Board held a public hearing in conjunction with the POD rezoning request. No one from the public spoke either in support or opposition to the rezoning request. After reviewing the staff report and discussing the proposal, the Board voted 4-0 (Mr. Connor Lynch and Al Jacquet absent, Mr. Spodak stepped down), to recommend approval of the rezoning request to the City Commission. RECOMMENDATION Approve on first reading Ordinance 3-ll rezoning the 2.09 acre parcel from Agricultural (A) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan, and meets the criteria set forth in LDR Sections 3.11 (Required Findings), 3.2.2 (Standards for Rezoning Actions), and 2.4.5(D)(5)(Rezoning Findings), with second reading to occur on March 11, 2011. ORDINANCE NO. 3 - ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED AGRICULTURAL (A) DISTRICT TO PROFESSIONAL AND OFFICE (POD) DISTRICT; SAID LAND BEING A PARCEL LOCATED ON THE NORTH SIDE OF WEST ATLANTIC AVENUE APPROXIMATELY 360 FEET WEST OF HIGH POINT BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, OCTOBER 2009"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated October 2009, as being zoned Agricultural (A) District; and WHEREAS, at its meeting of January 24, 2011, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of Professional and Office (POD) District for the following described property: All that part of the East 165 feet of Tract 49, Model Land Company's Subdivision of the North half and part of the South half of Section 18, Township 46 South, Range 43 East, according to the Map or Plat thereof, as recorded in Plat Book 6, Page 51, Public Records of Palm Beach County, Florida, lying North of the road right-of--way for West Atlantic Avenue as shown on Road Plat Book 3, Pages 24 through 30, inclusive, Public Records of Palm Beach County, Florida. Section 3. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 2 hereof. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Readi Second Reading ORD NO. 3-ll PLANNING AND ZONING BOARD CITY ®F ®ELRAY BEACH ~ MEETING DATE: January, 2011 AGENDA ITEM: Iv.B ___~TAFF REP®RT--~ ITEM: Privately-initiated rezoning from Agricultural (A) to Professional and Office District (POD), for a vacant parcel located on the north side of West Atlantic Avenue to the west of Homewood Boulevard and the Delray Garden Center. The Future Land Use Map Designation far the subject property is currently TRN (Transitional). The subject parcel will be the future site of the Spodak Denta[ Offiice Building. G E N E RAL DATA: Agent ................................ Weiner and Lynne, PA Location ...................................... North side of West Atlantic Avenue to the west of Homewood Boulevard Property Size .............................. 2.09 acres Existing FLUM ........................... TRN {Transitional) Proposed FLUM ......................... No Change Current Zoning ............................ Agricultural (A) Proposed Zoning ........................ Professional and Office District {POD) Adjacent Zoning ................North: RM (Multiple Family Residential - Medium Density) East: A {Agricultural) South: RL {Low Density -Multiple Family Residential) West: POC {Professional Office Center) Existing Land Use ...................... Vacant Proposed Land Use .................... Spodak Dental Office Water Service ......................... Available via connection to a 12" water main which is adjacent to West Atlantic Avenue r-o-w Sewer Service ........................ Available via connection to a 8" sewer main located on the northwest side of the site ,~p~ ~ ~; ~' ITBM BEFORE-THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately-initiated rezoning from Agricultural (A) to Professional and Office District {POD), for a vacant parcel (located on the north side of West Atlantic Avenue to the west of Homewood Boulevard and the Delray Garden Center). The Future Land Use Map Designation for the subject property is currently TRN (Transitional} and will remain unchanged. The subject parcel will be the future site of the Spodak Dental Office Building. Pursuant to Section 2.2.2(E) {6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning of any property within the City. BACKGROUND ANALYSIS The project site is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard and contains approximately 2.09 acres. The property is currently vacant and was anti! recently part of the Delray Garden Center. This is aprivately-initiated rezoning request to go from Agricultural (A) to Professional and Office District (POD). The subject parcel will be the future site of the Spodak Dental Office Building. REQUIRED FINDINGS REQUIRED FINDINGS iChapter 3): Pursuant to LDR Section 3,1.1 (Required Findings), prior #o the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures mus# be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (PLUM) designation of TRN (Transitional} and the requested zoning designation of POD (Professional and Office District) and both are consistent with each other. The Transitional (TRN) land use designation allows office, commercial, and residential uses. Therefore, the development of this parcel as the future site of the Spodak Dental Office will be consistent with the Comprehensive Plan, and compatible with surrounding developments in the area. Thus, this standard has been met. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurren# with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A", a positive finding of cnncurrency can be made as it rely#es to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY; Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5{D}{5) for the Rezoning request shall be the basis upon which a finding of overall consistency is #o be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Planning 8~ Zoning Board Staff Report -Meeting of ,lanuary 18, 2011 Spodak Dental Office Rezoning Page 2 A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Objective A-9: Property shall be developed or redeveloped in a manner so fhat fhe future use and infensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The development of the site with uses allowed under the proposed POD zoning (office uses) will provide a transition between the POC (Professional Office Center) use located to the west, and the multiple family residential condominium buildings located to the north and east of the property. Therefore, the requested rezoning of POD (Professional and Office District) will not negatively impact the existing land uses in the area. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: I#ems identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development applicatiionlrequest. The development proposal that will follow this rezoning request is the Spodak Dental Office building. A facility of this type will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. While specific findings will be made with future development approvals of the site plan review process, Appendix "A" includes a brief discussion of concurrency findings as these relates to the rezoning request. COMPATIBILITY: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following "Rezoning Analysis" section, the requested rezoning from A {Agricultural) to POD (Professional and office District} will be compatible with the existing and future land uses of the surrounding area. The proposed office development allowed under this zoning category will be compatible with the surrounding existing developments of the neighborhood, particularly with the existing Professional Office Center (POC) zoning located to the west of the property. The proposed rezoning is also consistent with the adjacent development pattern to the east (The Delray Garden Center, zoned agricultural which is considered a transitional designation and to be modified in the future to a more appropriate urban designation). Consistency is also found with other properties to the east including (the First Encounter Condominium with RM zoning}, and (the Dialysis Center of Delray Beach with POD zoning); and north (The High Point of Delray Condominium, multifamily residential units with RM zoning), and west {the Gringle Doherty and Wheat professional office building with POC -Professional Office Center zoning). Thus, compatibility is not a concern with this proposal since it will not negatively impact the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood. r REZONING ANALYSIS 1 Future Land Use Map Consistency, concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Planning & Zoning Board Staff Report -Meeting of January 18, 2011 Spodak Dental Office Rezoning Page 3 Section 3.2.2 (Standards for Rezoning Actionsl: Standards "A", "B", "C", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "D" requires That the rezoning shall resu!# in allowing land uses which are deemed compatible with adjacent and nearby land use bofh existing and proposed; or that if an incompafibility may occur, thaf sufficienf regulations exist to properly mitigate adverse impac#s from the new use. The fallowing table identifies the zoning designations and uses that are adjacent to the subject property: Adjacent Zoning: Adjacent Land Uses: North RM (Multiple Family Residential) High Point of Delray Condominium West POC (Professional Office Center) The Gringle Doherty and Wheat professional office building East A (Agricultural), RM (Multiple Family Delray Garden Center, High Paint of Residential) and POD (Professional Delray Condominium, the First and Office District} Encounter Condominium, and the Dialysis Center of Delray Beach South RL (Low Density -Multiple Family Woodlake Single Family Subdivision Residential} across West Atlantic Avenue The introduction of the POD (Professional and Office District) zoning will allow the operation of the future office uses which will provide service far adjacent residential areas. In addition, the operation of the medical office uses will enhance the subject property comparatively with the adjacent medical office uses, professional office uses, and residential uses. The development proposal will not hinder development or redevelopment of nearby properties. The existing adjacent land uses will not be negatively impacted by the uses allowed under the POD zoning designation. LDR SECTION 2.4.5 D 5 -REZONING FINDINGS: Pursuant to LDR Section 2,4.5{D){5), in addition to provisions of Chapter 3, the City Commission must make #indings that the rezoning fulfills at least one of the reasons listed under Subsection (2}: {a) That the zoning had previously been changed, or was originally established, in error; {b] That there has been a change in circumstances which make the current zoning inappropriate; or {c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate far the property based upon circumstances particular to the site andbr neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b° and "c" identified above, indicating that there has been a change in circumstances which make the current Planning & Zoning Board Staff Report -Meeting of January 1 S, 2011 Spodak Dental Office Rezoning Page 4 Agricultural zoning inappropriate. The property is surrounded by commercial zoning and the long term operation of an agricultural use (Delray Garden Center) is not compatible with the rapid urbanization process that has occurred along this portion ofi West Atlantic Avenue. Objective A-1 ofi the Future Land Use f~.lement of the Comprehensive Plan clearly states that property shall be developed in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the remaining land use needs. The requested POD {Professional and Office District) zoning is complimentary to and compatible with the surrounding and adjacent properties. The requested POD zoning will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area. REVIEW BY OTHERS '. The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency}. CourtesyTNotices: A special courtesy notice was provided to the following homeowners andlor civic organizations: Susan Sims, Neighborhood Advisory Council Suzanne Donohue, Neighborhood Advisory Council Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Puiblic Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection andlor support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT.AND CONCLUSION The requested rezoning from Agricultural {A) to Professional and Office District {POD), for a vacant parcel is to allow the future operation of the Spodak Dental Office Building. The Future Land Use Map Designation for the subject property is currently TRN (Transitional). Positive findings can be made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 {Standards for Rezoning Actions} and LDR Section 2.4.5(D){5){Rezoning Findings), LDR Section 4.4.16(B){1) and the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore, rezoning the subject property from Agricultural (A) to Professional and Office District (POD), is recommended for approval, based on the findings outlined in this staff report. RECOMMENDED'ACTfONS A. Move a recommendation of approval to the City Commission for the privately initiated rezoning from A (Agricultural) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staffi report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 {Required Findings), 3.2.2 (Standards far Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings), and 4.4.16(8)(1 }. B. Move a recommendation of denial to the City Commission for the privately initiated rezoning from A (Agricultural) to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Planning & Zoning 13aard Sfaf€ Report -Meeting of January 18, 2p11 Spodak Dental Office Rezoning Page 5 Plan and does not meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2,2 (Standards for Rezoning Actions}, 2.4.5(D){5)(Rezoning Findings), and 4.4.16(B)(1}. STAFF'RECOMMENDATIONS Moves a recommendation of approval to the City Commission for the privately initiated rezoning from A (Agricultural} to Professional and Office District (POD), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consisfenf with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 {Standards for Rezoning Actions), 2.4.5(D){5)(Rezoning Findings}, and 4.4.16(B}{1). Staff Report Prepared by: Estelio Breto. Senior Planner Attachments: • Zoning District Map Survey Planning & Zoning Board S#aff Report -Mee#ing of January 18, 2011 Spodak Den#al Office Rezoning Page 6 -- APPENDIX "A" C4NCURRENCY FINDINGS : Pursuant to LDR Section 3.1.1[B}, Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12" water main located along West Atlantic Avenue r-o-w. Fire protection is provided by a fire hydrant located on the southwest side of the site. Additional fire hydrants will be considered as part of the site development approval process. Sewer service is available to the site via connection to an existing 8" sewer main which is located along High Point Boulevard r-o-w on the northwest side of the site. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build-out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is a vacant parcel located on the north side of West Atlantic Avenue just west of Homewood Boulevard, in Delray Beach, and contains approximately 2.09 acres. The owner has requested a re-zoning from Agricultural {A) to Professional and Office District (POD} with the intend to build the Spodak Dental Office facility, and thus, the traffic analysis has been based on the differences between the trip generation of a Drive-In Bank (maximum traffic generator allowed under POD zoning) and a Wholesale Nursery. The proposed change in zoning designation from Agricultural (A} to Professional and Office District (POD) has been estimated to generate a 2,93 increase in daily trips, a 136 increase in A.M. peak hour trips, and a 286 increase in P.M. peak hour trips at project built-out in 2D15. Based on an analysis of existing and projected traffic characteristics there is adequate capacity on the surrounding roadway network to accommodate the additional trips that may be generated by the dental office facility which will generate significantly less traffic. Therefore a positive finding can be made with respect to this level of service standard. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Solid Waste: Solid waste requirements will be evaluated during the site plan review process of the Spodak Dental Office project. No issues are anticipated. Schools: School provision requirements do not apply for non-residential uses. a G P BG D TN O R 7E R. EVA ~ z v O CORAL TRACE PLACE a FRANCES DRIVE W o a '~ ~ z o ~ o m a d m z MAURICE DRIVE s w Q U ~ ~ Q -33 z C~ ~ I Ltd °a HIGH PDIN7 CDURY E. 2ND HIG41 POINT COURT 54E5T P ~_ ~ r z o HEGH PDINT TERRACE iVEST PRIVATE HIGH PDINT TERR. E. ~ z ry'W 2N8 Cr. HIGH POINT ROllLEVARp ~ k ~ 2ND ST. N rc a w N .js W °m z fit. 2 g o N.W. 1ST ~ a N.W. 1ST ST. = AVENUE ~ ~~ a ATi~ANT4C WEST sT. 5 W 2ND j ~ ~ S. 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FL SUBJECT" PROPERTY LOCATION MAP PLANNING & ZONING DEPARlM1ENT -- D/GlIAL BASE MAP SY57FM -- MAP REF: 5:\Planning &Zoning\DBMS\Flle-Cab\Z-LM 1001-1560\LM123D_Spodak D®ntal Office ~~~~ - ~ ~ sFCnav , w~wu~ ~ rcaxur m.nao k j s~" L- ~~ ~ ~'~ ~ ~ ?- S&s~ y~ ~$ O o ~W ~ ~: ~ 4~ ~ ~'~~~ a ~~ ~ ~ ~~ ~ w ~~~~ ~ g e I ~ _ ~~~_ I i ~ ~ ~~~ ~~~ o ~~ a a~ ~I I~ I I ~ ;, ~ ~ ~ w a~ f ~~ ~ a raa ~ I j ~~~~ ~ j ~ ~~~~~ ~ G~~~ 1 ~ ~~ ~~ 3 ~~~~~ ~~~ -~ JRACT 49 ~ '-$~L~~S ~~~ ~I ~ I ~~ ~ ~ d ~ ~ ~~ ~~ p ~~ n . i a ~~ i= ~,.~~..a 1 ~ -~-- A~CL R _~- ,o~~ ~ ~f ~~~ ~~-~ ~~ 11~ ~ ~Sq E~~y ~ ~ Sw~°~yO UTP ! ~µ~r CP''v' ~) j~a~ ~FSFga ~No y.~ ewta oxss~° W®s e~m ~a'gdp eM ~rnr rw K+o _~~ `' '"1 EAP Teo pNO ~ q d3 W 4 nMa ^s.~wu~w'Xwr~y~vs+ ~b7 N SPODAK DENTAL OFFICE CITY OF DEi.RAY BEAC3i. FL suedecTPROPERTY PROPOSED ZONING MAP PLANNING & ZONING DEPARTMENT -- DlG/TAL 445E MAP SYSTEM -- MAP REF: 5:\Plannirsg h Zoning\OBMS\Ffle-Cab\Z-LM 1001-1590\LM12308_Spndak Denlol Office I 0 FRANCES ~ o ~~~ a® ~~~"` 4 ~ 4 ~~ ~ Q ~® 3 ~ HEGH POINT TERRACE WEST PRIVATE HIGH POINT TERR. E. z W, 2N0 GT HIGH PDMT eOULEVAAO f 2ND ST. N a GSA '~ °a Z .YEf. 15T 2 E N• Z g ~ ~ AVENIfE 0 ~ ~ I- ATLANTI WEST ST. y~Ar s.w 4r W a ~ ~ S. W.' 3RD SL ~ O O~ ~ ~ ~ ~ ~ a ® ~ ~ LN J p-[11W00a CIX3RT H d ~ G °~ ~ ~ WAY J $ ~ ui N O ®~ AVENU 0 D N SPODAK DENTAL OFFICE -~ CITY OF DELRAY BEACH, FL SUBJI=CTP120PER1Y EXISTING FUTURE LAND USE MAP PLANNING do ZONING DEPARTMENT 1lG1TAL QASE MAP SYSTEM -- MAP REF: 5:\Plonning do Zoning\DBMS\File-Cab\Z-LM 1601--15UU\LM123CC_Spndak Denial Dffice 0 PRD 4 g U~ ~ ~ R-1 PRIVATE HICN POINY TENR. E. ~ #iIGW POINT TERRACE WEST k. Z 2ND CL H€GH POINT BWLEVARo • W, ?ND ST. r ~ N P N .fSTLN °m 1 ~ _ J. T L r 3 a a N. ~+ ~ AVENUE ~ ~ 1a A~LAI~TIC wES~ _ F ~ ®~ ~ a s.w. 3RD s ~ - ~ ®~~ 1#.LNNOW ~, ~ ~~ C ~ ~ WAY ®S ~ N i11laYILAIV!! ~' AYtNU C BRGD GRCLE g D z ® 69 ~ ~ "~ rW N SPODAK DENTAL OFFICE CITY OF DELRAY BEACH. FL SUBJECT PROPERTY EXISTING ZONING MAP PLANNING do ZONING DEPARTMENT DIGITAL QEI.SE MAP SY57EM MAP REF: S:\Plartning & Zoning~Ol3M5~FIIe-CD6\Z-LM 100i-1500\LM123Dq_Spodok Dental Office