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04-05-11 Reg Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, April 5, 2011 Regular 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Meeting 6:00 of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to p'm' limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City xa11 A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non-Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign-in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign-in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W.1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 1. ROLL CALL The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. March 15, 2011 -Regular Meeting B. March 31, 2011 -Annual Organizational Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Frances Strainge Carter B. Recognizing and Commending the Delray Divas Step Dance Teams C. National Financial Literacy Month -April 2011 D. Earth Month -April 2011 7. PRESENTATIONS: A• 22"dAnnual Delaire/Delray Citizens for Delray Police Charity Golf Tournament Presentation to Police and Fire-Rescue- Perry DonFrancisco B. Beach Area Master Plan -Beach Property Owners' Association (BPOA~ C. Delray Beach Municipal Marina Designation as a Clean Marina D. Advanced Life Support (ALS) Team Championship Plaque 8. CONSENT AGENDA: City Manager Recommends Approval A• REQUEST FOR SIDEWALK DEFERRAL/302 N.E. 7th AVENUE: Approve a request to defer the installation of a sidewalk along N.E. 3rd Street for the property located at 302 N.E. 7th Avenue. B. ACCEPTANCE OF RIGHT-OF-WAY DEEDS/TOTTERDALE TOWING SERVICE: Approve and accept two ~) right-of-way deeds associated with Totterdale Towing Service located on the northeast corner of N.W. 18th Avenue and Marty Fladell Drive at 101 N.W. 18th Avenue. C. RESOLUTION NO. 11-11/ABANDONMENT OF A UTILITY EASEMENT:Approve abandonment of a 10' x 106' utility easement located on the property at 1020 South Vista Del Mar Drive. D. AGENCY ACCESS AGREEMENT: GULFSTREAM POLICE DEPARTMENT- SUNGARD PUBLIC SECTOR, INC.: Approve an Agency Access Agreement with Gulfstream Police Department and SunGard Public Sector Inc. to allow limited right to use the software provided by SunGard which will provide updated dispatching services for the Gulfstream Police Department. E. DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT AWARD: Approve one ~) Housing Rehabilitation contract award for 124 S.W. 8th Court to Abisset Corporation, the lowest responsive bidder, in the amount of $25,504.71 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). F. NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT: Approve the National Pollutant Discharge Elimination System (NPDES) Third Term Permit Interlocal agreement between the City and the Northern Palm Beach County Improvement District (NPBCID~ G. INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) USA GRANT APPLICATION: Authorize staff to submit an International Council for Local Environmental Initiatives (ICLEI) USA grant application, for the Green Business Challenge project. H. EXTENSION OF AN AGREEMENT WITH QUALITY TRANSPORT SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM: Approve Extension of the Agreement with duality Transport Services, Inc. for six ~) months to operate the Downtown Roundabout Shuttle System. Funding is available from 001-3151-545- 34.90 (General Fund: Operation Expenses - Misc/Other Contractual Services I. SPECIAL EVENT REQUEST/ART AND .TAZZ ON THE AVENUE: Approve a special event request to endorse Art and .razz on the Avenue to be held on May 19, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.60 for the closure of Atlantic Avenue from Swinton to the west side of E. 7th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on E. 1st Avenue, E. 2nd Avenue, S.E. 3rd Avenue, and E. 4th Avenue, to authorize staff support for security, traffic control, banner hanging and removal, barricade set up and removal, trash removal and clean up and EMS assistance, with payment of costs to the City per Special Event Policies and Procedures. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 14, 2011 through April 1, 2011. K. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Garber Chevrolet in the amount of $22,510.00 for one (1) 2011 Chevrolet Impala with options for the Police Department. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/AutomotiveZ 2. Contract award to SCS Engineers in the amount of $25,742.00 for preparation of construction documents and specifications for the installation of improvements and equipment for mitigation of combustible gases at the Robert P. Miller Park facilities. Funding is available from 334-4173-572-63.90 (General Construction Fund: Improvements Other/Other Improvements). 3. Purchase award to Dell in the amount of $21,896.96 for a Native SAS Tape Drive for the City's data backup system. Funding is available from 334-6112-519-64.11 (General Construction Fund: Machinery/Equipment/Computer Equipment). 4. Purchase award to CDW-G in the amount of $37,574.75 for the Imprivata Software package to comply with FDLE security requirements which pertain to the Department's implementation of the new SunGard/OSSI Public Safety Software System. Funding is available from 115-2112-521-66.10 Lpecial Projects Fund: Books/Publications/Software). 5. Purchase award to Garber Chevrolet in the amount of $18,909.00 for one ~) Chevy 2500 Van for the Crime Scene Unit. Funding is available from 001-2115- 521-64.20 (General Fund: Machinery/Equipment/Automotive). (ADDENDUM REGULAR AGENDA: A. WAIVER REQUEST/GERMAN AUTO WORLD:Consider a request to waive Land Development Regulations (LDR) Section 6.1.2(C)(3)(a), "Paving Widths", to allow 20.5' where a 24' minimum pavement width is required for German Auto World located at 2165 West Atlantic Avenue. (Quasi-Judicial Hearing B. WAIVER REQUEST/ATLANTIC OCEAN CLUB:Consider approval of a waiver request to Land Development Regulations (LDR) 4.3.4(H~(4), "Structures Allowed in Setbacks", to allow a statue and pedestal to be located within the building setbackfor Atlantic Ocean Club (f/k/a Bob's Famous Bar) located at 217 & 219 East Atlantic Avenue. (Quasi-Judicial Hearing C' CONSIDERATION OF AN APPEAL/THE ELECTRIC EXPERIENCE: Consider an appeal from the Director of Planning & Zoning's administrative interpretation of Land Development Regulations (LDR) Section 4.4.13, "Central Business District (CBD~, which denied motorized bicycles as an allowed use for The Electric Experience, located at 1047 East Atlantic Avenue. (Quasi Judicial Hearing D. CONSIDERATION OF AN APPEAL/ANYTHING AND EVERYTHING AUTO, INC.:Consider an appeal of an administrative interpretation by the Director of Planning & Zoning for Anything and Everything Auto, Inc. located at 1865 Dr. Andre's Way. (Quasi-Judicial Hearing E. REQUEST FOR AN IN-LIEU OF PARKING SPACE/CHAMPAGNE WISHES INVESTMENTS, INC.: Consider a request from Champagne Wishes Investments, Inc. for the purchase of one ~) in-lieu of parking space in the amount of $18,200.00 to accommodate an expansion of use. Champagne Wishes Investments, Inc. is located at 900 East Atlantic Avenue, Unit 17. (Quasi Judicial Hearin) F. WAIVER REQUEST/THE BACK ROOM: Consider a request to waive Land Development Regulations (LDR) Section 4.3.3(V~(3)(a), "Prohibition by Proximity (Schools and Churches)", to allow the establishment of a stand-alone bar in a building within 300' of a school for The Back Room located at 2222 W. Atlantic Avenue. (Quasi-Judicial Hearing G. CONTRACT AWARD/AMERISTAR PARKING SOLUTIONS:Consider approval of a contract award to Ameristar Parking Solutions in the amount of $87,913.80 for management of the parking facilities. Funding is available from 001-3151-545-34.90 (General Fund: Operation Expenses - Misc/Other Contractual Services H. BID AWARD/VILA AND SONS LANDSCAPING CORPORATION:Consider approval of a bid award to Vila and Sons Landscaping Corporation, third lowest bidder, in the estimated annual amount of $37,847.44 for landscape maintenance of Stormwater Retention Areas. Funding is available from 448-5416-538-34.90 (Stormwater Utility Fund: Other Operating/Other Contractual Service). L BID AWARD: MULTIPLE VENDORS/AUTOMOTIVE PARTS: Consider approval of multiple bid awards in the estimated amount of $103,202.43 for the purchase of automotive parts stocked in the Purchasing Warehouse. Some awards are to second and third low bidders. Funding is available from 501-3311-591-52.50 (Garage Fund: Operating SuPplies/External Parts). J. APPOINTMENT OF OUTSIDE COUNSEL FOR RICHARD WEINSTEIN, PERSONAL REPRESENTATIVE OF THE ESTATE OF .TASON WEINSTEIN, DECEASED v. CITY OF DELRAY BEACH: Consider approval to appoint Fred Gelston, P.A. as outside counsel in the case of Richard Weinstein, as Personal Representative of the Estate of .Tason Weinstein, Deceased v. City of Delray Beach at the rate of $140.00 per hour. K. RE.TECTION OF ALL BIDS/FLEET TIRE BAY ROOF: Consider a request to reject all bids and re-advertise Bid #2011-08 for re-roofing the Fleet Tire Bad L. APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY VICE CHAIR:Annoint a Vice Chair for the Community Redevelopment Agency M. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1 regular member to the Community Redevelopment Agency (CRA) to serve an unexpired term ending .Tiny 1, 2011. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ N. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (11 alternate member to the Code Enforcement Board to serve an unexpired term ending January 14, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5~ O. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint two ~) regular members to the Green Implementation Advancement Board to serve unexpired terms ending .Tiny 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5~ P. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one ~) regular member to the Civil Service Board to serve a two ~) vear term ending April 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2~ Q. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members to the Financial Review Board to serve unexpired terms ending .Tiny 31, 2011 and one ~) alternate member to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4~ Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3~ R. APPOINTMENT TO THE PARKING MANAGEMENT ADVISORY BOARD:Appoint one ~) Citizen-at-Large Representative to the Parking Management Advisory Board to serve an unexpired term ending .Tiny 31, 2011. Based upon the rotation svstem. the annointment will be made by Commissioner Frankel Seat #3 . S. APPOINTMENT TO THE POLICE AND FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES: Appoint one ~) regular member to the Police and Firefighters Retirement System Board of Trustees for a two ~) vear term ending April 22. 2013. Based upon the rotation svstem. the annointment will be made by Mayor McDuffie (Seat #5~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 06-11: A Privately initiated Future Land Use Map amendment from (Medium Density Residential 5-12du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial fora 0.287 acre parcel located immediately east of the existing Presidential Auto Leasing and Sales at the southeast corner of South Federal Highway and Avenue «L~~. B. ORDINANCE NO. 05-11:Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by enacting Section 132.10, "Electric Personal Assistive Mobility Devices~EPAMDS)", to regulate the use of such devices on city streets and sidewalks. C. ORDINANCE NO. 04-11 (SECOND READING/SECOND PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ~ "Segway Tours and Segway Sales", to provide for specific requirements for the establishment and operation of such uses, and amending Appendix "A", "Definitions". D. ORDINANCE NO. 10-11 (SECOND READING/SECOND PUBLIC HEARING): Consider amending the Land Development Regulations (LDR) by repealing Section 4.3.30, "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety; amending Sections 4.4.2, "Rural Residential (RR) Zone District", 4.4.3, "Single Family Residential (R-1) Districts", 4.4.5, "Low Density Residential (RL~ District", 4.4.6, "Medium Density Residential (RM) District", 4.4.7, "Planned Residential Development (PRD) District", 4.4.17, "Residential Office (RO) District", 4.4.24, "Old School Square Historic Arts District (OSSHAD)", 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to include residential licensed service provider facilities among the list of permitted uses in these zoning districts; amending Sections 4.4.6, "Medium Density Residential (RM) District", 4.4.9, "General Commercial District" (GCS 4.4.13, "Central Business District (CBD~ 4.4.16, "Professional and Office District", 4.4.17, "Residential Office (RO) District"; and 4.4.24, "Old School Square Historic Arts District (OSSHAD)", to clarify that residential licensed service provider facilities and nursing homes are allowed where other residential uses are allowed in these zoning districts, amending Appendix "A", "Definitions", in order to provide updated definitions of "Residential Licensed Service Provider" and "Non-Residential Licensed Service Provider". E. ORDINANCE NO. 09-11 (SECOND READING/SECOND PUBLIC HEARING Consider amending the Land Development Regulations (LDR) by amending Sections 4.4.12, "Planned Commercial (PC) District, 4.4.15, "Planned Office Center (POCK District", 4.4.21, "Community Facilities (CF) District", enacting a new Section 4.5.18, "Medical Arts Overlay District", to provide for the creation and implementation of the Medical Arts Overlay District, and amending Appendix "A", "Definitions", of the Land Development Regulations (LDR) to define "Institutional Uses". F. ORDINANCE NO. 11-11:Consider achy-initiated amendment to Land Development Regulations (LDR) Appendix "A", "Definitions", to provide a revised definition for Medical Office. 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 13-11: Consider a city-initiated amendment to the Land Development Regulations (LDRs) Section 4.6.9(EZ3), "In-Lieu Fee", modifying the in-lieu fee assessed within the Pineapple Grove Main Street (expansion) Area. If passed, a public hearing will be passed on April 21, 2011. B. ORDINANCE NO. 14-11:Consider a city-initiated amendment to the Land Development Regulations (LDRs) Section 7.9.11, "Boatlifts", to clarify setback requirements. If passed, a public hearing will be held on April 21, 2011. C. ORDINANCE NO. 15-11: Consider amending Chapter 33, "Police and Fire-Rescue Departments"; amending Section 33.62, "Benefit Amounts and Eligibility", Subsection (E~ "Disability Retirement Provisions", Sub-Subsection ~), "Disability Retirement Benefits", to increase the minimum service incurred disability benefit for firefighters, and amending Section 33.64, "Contributions", Subsection (A~ "Member Contributions", to increase member contributions for firefighters. If passed, a public hearing will be held on April 21, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MARCH 15, 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, March 15, 2011. 1. Roll call showed: Present - Commissioner Gary P. Eliopoulos Commissioner Adam Frankel Mayor Nelson S. McDuffie Absent - Commissioner Fred B. Fetzer Commissioner Angeleta E. Gray Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Father William "Chip" Stokes with St. Paul's Episcopal Church. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor McDuffie stated staff has requested to remove Item 8.Q.4., Award of Bids and Contracts. The City Manager requested that Item 9.D., Renewal of Property and Casualty Insurance Broker's Contract of the Regular Agenda be removed. Mayor McDuffie also requested that Item 9.A., Consideration of an Appeal/The Electric Experience, of the Regular Agenda be postponed to the meeting of April 5, 2011. Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Eliopoulos moved to approve the Minutes of the Regular Meeting of March 1, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 03/15/11 Mr. Frankel moved to approve the Minutes of the Workshop Meeting of March 8, 2011, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 6. PROCLAMATIONS: 6.A. Water Conservation Month -April 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of April 2011 as Water Conservation Month. Randal Krejcarek, City Engineer, came forward to accept the proclamation and gave a few brief comments. 6.B. Fair Housing America Month - Apri12011 Mayor McDuffie read and presented a proclamation hereby proclaiming the month of April as Fair Housing Month. Lula Butler, Director of Community Improvement, came forward to accept the proclamation and gave a few brief comments. 7. PRESENTATIONS: None. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. REQUEST FOR SIDEWALK DEFERRAL/1011 SEAGATE DRIVE: Approve a request to defer the installation of a sidewalk along Seagate Drive for the property located at 1011 Seagate Drive. 8.B. SERVICE AUTHORIZATION NO. 07-15.2/MATHEWS CONSULTING, INC.: Approve Service Authorization No. 07-15.2 with Mathews Consulting, Inc. in the amount of $4,767.00 for the design of S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue Improvements Project. Funding is available from 334-3162- 541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue). 8.C. SERVICE AUTHORIZATION NO. 07-13.2 /MATHEWS CONSULTING, INC./ RECLAIMED WATER EXPANSION - AREA 11B: Approve Service Authorization No. 07-13.2 with Mathews Consulting, Inc. in the amount of $14,972.00 for construction management and inspection services relating to the Area llB Reclaimed Water System project. Funding is available from 441-5181-536-65.96 (Water and Sewer Fund: Other Improvements/Reclaim Water Transmission). 8.D. PAYMENT OF INVOICE/ CITY OF BOCA BATON: Approve payment to the City of Boca Raton in the amount of $25,988.85 for water used through our interconnect during emergency repair of the 36" Raw Water Main at S.W. 2 03/15/11 10th Street and 15th Avenue. Funding is from 441-5122-536-34.90 (Water & Sewer Fund: Other Contractual Services). 8.E. CONTRACT CONTINGENCY EXPENDITURES & O CONSTRUCTORS, INC./HISTORIC SUSAN B. WILLIAMS HOUSE: Approve a Contract Contingency Expenditure with B & O Constructors, Inc. in the amount of $2,643.11 for the Historic Susan B. Williams House project. Funding is available from the contract contingency allowance. 8.F. INDEPENDENT CONTRACTOR AGREEMENT/ROBERT BRAND: Approve renewal of an Independent Contractor Agreement between the City and Robert Brand to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-2111- 521-34.90 (General Fund: Other Contractual Services). 8.G. INDEPENDENT CONTRACTOR AGREEMENT/HOWARD SCOTT LUNSFORD: Approve renewal of an Independent Contractor Agreement between the City and Howard Scott Lunsford to conduct background investigations for prospective candidates for police officer and non-sworn police employment. Funding is available from 001-2111-521-34.90 (General Fund: Law Enforcement/Professional Services/Other Professional Services). 8.H. D.U.I. GRANT APPLICATION/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT): Provide authorization to submit a grant application to the Florida Department of Transportation in the amount of $22,352.00 to continue the implementation of a Driving Under the Influence (D.U.L) Enforcement program. Matching funds to be available from various Police Department accounts. 8_I. FUNDING AGREEMENT/DELRAY YOUTH VOCATIONAL CHARTER SCHOOL: Approve a Funding Agreement with Delray Youth Vocational Charter School in the amount of $15,000.00 for two (2) Social Workers to provide counseling services under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from 101-2137-521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids). 8_J. FUNDING AGREEMENT/CHILDREN LEARNING AFTER SCHOOL SESSIONS (C.L.A.S.S.): Approve a Funding Agreement between the City and Children Learning After School Sessions (C.L.A.S.S.) in the amount of $15,000.00 to provide academic enrichment to local students under the Weed & Seed Program (now known as the Coalition for Community Renewal). Funding is available from 101-2137- 521-83.01 (ARRA Economic Stimulus FD: Other Grants & Aids). 8.K FUNDING AGREEMENT/GULFSTREAM GOODWILL INDUSTRIES: Approve a Funding Agreement between the City and Gulfstream Goodwill Industries in the amount of $44,160.00 to support ex-offenders returning to targeted neighborhoods within the City under the Weed & Seed Program (now known as the Coalition for Community Renewal).Funding is available from 101-2137-521-83.01 03/15/11 (ARRA Economic Stimulus FD: Other Grants & Aids). 8.L. RESOLUTION NO. 10-11: Approve Resolution No. 10-11 assessing costs for abatement action required to remove nuisances on 20 properties throughout the City. The caption of Resolution No. 10-11 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. 10-11 is on file in the City Clerk's office.) 8.M. SECOND AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7TH AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Second Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7th Avenue regarding the abandonment and relocation of N.E. 7th Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time to obtain site plan certification by ninety days. 8.N. WORKFORCE HOUSING COVENANT WITH ALTA CONGRESS OWNER, LLC.: Approve a Workforce Housing Covenant between the City and Alta Congress Owner, LLC., developer of the Alta Congress development. 8.0. SERVICE AUTHORIZATION NO. 17.1/SPATIAL FOCUS, INC.: Approve Service Authorization No. 17.1 with Spatial Focus, Inc. in the amount of $4,250.00 for technical assistance related to the SunGard Public Safety software project. Funding is available from 334-2111-521-31.90 (General Construction Fund: Professional 4 03/15/11 Services/Other Professional Services). 8.P. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 28, 2011 through March 11, 2011. 8~. AWARD OF BIDS AND CONTRACTS: 1. Bid award to All Phase Roofing & Construction, Inc. in the amount of $101,493.00 for the following three (3) NSP Housing Rehabilitation projects through the Community Development Division: 2707 S.W. 2nd Street, 518 S.W. 9th Court and 310 Southridge Road. Funding is available from 118-1934-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation) and 118-1935-554-62.12 (Neighborhood Services: Capital Outlay/Acquisition Rehabilitation). 2. Purchase award to Americas Generators in the amount of $54,642.00 for a 200 kilowatt backup generator. Funding is available from 442-5178-536-64.90 (Water and Sewer Renewal & Replacement Fund: Machinery/Equipment/Other Machinery/Equipment). 3. Purchase award to Florida Bullet, Inc. in the amount of $71,405.20 for the purchase of ammunition. Funding is available from 001- 2111-521-52.20 (General Fund: Operating Supplies/General Operating Supplies) and 001-2115-521-52.19 (General Fund: Operating Supplies/SWAT Expenditures). 4. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. Mr. Eliopoulos moved to approve the Consent Agenda as amended, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9. REGULAR AGENDA: 9.A. THIS ITEM HAS BEEN POSTPONED TO A DATE CERTAIN OF APRIL 5, 2011. 9.B. RECONSIDERATION OF CREATIVE CITY COLLABORATIVE (CCC) REQUEST TO WAIVE COSTS: Reconsider a request from the Creative City Collaborative to waive reimbursement to the City for printing and mailing costs, estimated to be $4,170.00 for three (3) quarters, to include a solicitation in utility bills for voluntary donations to cultural programs. 5 03/15/11 Jay Alperin, Vice President of the Creative City Collaborative (CCC), introduced the Creative City Collaborative Board and stated they are developing a very talented and enthusiastic Board. Alyona Ushe, Executive Director of the Creative City Collaborative, C( CC), gave a brief PowerPoint presentation and stated the mission of the CCC is to build and promote the culture community in Delray Beach. Ms. Ushe stated their vision is to be the instrument for Delray Beach as an international culture destination, atrium, and artists. Ms. Ushe stated as a public/private partnership the CCC is tasked with launching two venues (i.e. arts garage and warehouse). Mr. Eliopoulos stated he requested that this item be brought back to the Commission because he does not feel that the presentation was as well thought out. He stated the information tonight is showing the Commission what the CCC is trying to do and should be the key for all the organizations. Mr. Eliopoulos stated the Commission needs to know not only what the mission is but how you are getting to that mission. He stated he would like to see how the CCC plans on raising money and would like to see the CCC become more sustainable. Mr. Eliopoulos stated the last time this item was discussed his concern was the City is hurting for money and if we say yes to one person how do we stop from saying yes to everybody. Mr. Frankel concurred with comments expressed by Commissioner Eliopoulos. Mr. Frankel stated the City has to be fiscally responsible and commended the CCC on their presentation, fundraising and programming. Mayor McDuffie briefly discussed the operating budget and stated it is very difficult to dole out unbudgeted money in the face of asking some of our employees to give the City money back that the City has been giving them for years. He stated the presentation tonight was very well done. Mayor McDuffie stated he stood by John McEnroe and handed him two pieces of art at the Arts Garage and it was phenomenal. Dr. Alperin stated the CCC requires all their Board members to be contributors of a required amount and they are all responsible for raising more. The City Attorney announced that since there are only three (3) Commissioners present, all three Commissioners will have to vote in the affirmative otherwise an item does not pass. Mr. Eliopoulos moved to approve the Creative City Collaborative (CCC) request to waive costs with the City to receive half the proceeds until we get back half of what it costs to do the mailing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 6 03/15/11 9.C. GRANT AGREEMENT WITH PALM BEACH COUNTY & EXPANDING AND PRESERVING OUR CULTURAL HERITAGE, INC. (EPOCH); C. SPENCER POMPEY AMPHITHEATER: Consider a Grant Agreement between Palm Beach County, the City, and EPOCH; and a commitment to provide supplemental funding in the amount of $310,000.00 for redesign and construction of the proposed C. Spencer Pompey Amphitheater on the Spady Cultural Heritage Museum grounds. Funding to be programmed in the 2011/2012 Capital Improvement Plan. 1. AGREEMENT/SPADY CULTURAL MUSEUM: Consider approval of Amendment No. 3 to the Lease Agreement with Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) regarding the Spady House Multicultural Museum Properties; contingent upon approval of the Grant Agreement with Palm Beach County. AMENDMENT NO. 3 TO THE LEASE The City Manager stated when this was presented to the Commission previously the Commission was concerned about the ability of Expanding and Preserving Our Cultural Heritage, Inc. (EPOCH) to raise money and they indicated they were doing some strategic planning and had a consultant on board to do some work on their fundraising efforts and their sustainability to create a model business plan that should be finished during the summer. Gladys Whigham from Commissioner Taylor's office has indicated that the County would allow the City until July to sign the agreement. The City Manager suggested that the Commission table this pending receipt of the operational plan from EPOCH at which time the Commission can make a decision about whether to approve the agreement or not. Daisy Fulton, Executive Director of the Spady Museum, stated EPOCH's 2005 Strategic Planning Valuation is being administered and reviewed, Strategies for Non-Profits 2011 Strategic Plan is being administered by consultant, and their business plan is being administered. Ms. Fulton stated all consultant services are underway and the target completion date is April 29, 201 L Ms. Fulton stated EPOCH's annual budget is $550,494.00 and they have secured 58% of that budget thus far with 42% remaining. She stated pending approvals for grants EPOCH has close to $400,000.00 in grants waiting for approval Ms. Fulton stated that EPOCH receives 6% from the City toward EPOCH's operating budget which represents $31,000.00 and 33% from the Community Redevelopment Agency (CRA) which represents $182,310.00. She stated EPOCH has identified over 30 new prospects as far as funding opportunities. Ms. Fulton stated the other revenue sources are the gift shop, the museum admission, contributions, individual giving, corporate sponsors, annual giving, membership fundraising, etc. In addition, Ms. Fulton stated EPOCH is pursuing social entrepreneurship fundraising with their fundraising consultant. She stated EPOCH is aggressively working toward identifying and bringing in additional funds and over time they want to take a look at decreasing their dependency on the City and the CRA dollars. Ms. Fulton commented about the Munnings Cottage that is being reconstructed and stated 7 03/15/11 it would represent a 1% increase in EPOCH's budget this year ($3,100.00). She stated they are looking at occupancy and programming as early as a May timeframe. Ms. Fulton stated with the Muse property and the Munnings Cottage coming on board next year the operational costs will run EPOCH approximately $30,000.00. Mr. Frankel thanked Ms. Fulton for the update. Ms. Fulton requested that once the business plan, strategic plan, and the assessment is completed EPOCH's goal is to make that happen earlier than the July timeframe. Mr. Eliopoulos thanked Ms. Fulton for the update. Mr. Eliopoulos stated his concern is the accountability and making things work. He encouraged every organization to do what EPOCH is doing and that is to get a plan together and try to become more sustainable. Mayor McDuffie stated we have to be accountable to the taxpayers of Delray Beach. He applauds EPOCH for what they have done thus far. Ms. Fulton clarified that at the last presentation it was stated that the CRA has funded up to 70% of EPOCH's budget but EPOCH is now down to 33% regarding CRA funding. Mr. Frankel moved to table Item 9.C., seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. Mr. Eliopoulos moved to table Item 9.C.1., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie - Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 9.D. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 9.E. SERVICE AUTHORIZATION NO. 07-21/MATHEWS CONSULTING, INC./AUTOMATIC METER READ SYSTEM (AMR), EVALUATION: Consider approval of Service Authorization No. 07-21 to Mathews Consulting, Inc. in the amount of $65,612.00 for professional services in conducting a Water Meter Automatic Meter Read (AMR) System Evaluation. Funding is available from 441-5181-536-31.90 (Water and Sewer Fund: Professional Services/Other Professional Services). Randal Krejcarek, City Engineer, stated this is a Service Authorization to Matthews Consulting, Inc. to do a detailed study and come up with a recommendation. Mr. Krejcarek stated staff is asking for a Master Plan for the Meter Reading. He stated staff wants to be able to take advantage of the best technology that is available. Mr. Krejcarek stated they will take a look at the City's current process and how the City is 8 03/15/11 reading the meters and maintaining them. He stated they are also going to come up with goals as far as staff is concerned and talk to the cross section of staff. Mr. Krej carek stated they will also look at what options are available and see what other utilities are using the different technologies that are available. He stated they have scheduled two site visits with staff to see the meter reading operation. Mr. Krej carek stated they will also do a detailed cost analysis and will look at the capital costs, operating costs, readers per day, service calls per day, and they will do a detailed cost benefit analysis and develop a matrix so that they can compare the different meters. Mr. Krej carek stated once this is done then they will present staff with the Master Plan that summarizes all the information that they have collected and tested. Staff recommends approval of Service Authorization to Matthews Consulting, Inc. Mr. Eliopoulos asked why we need to hire someone to tell us we should be doing this work Mr. Krej carek stated different technologies can benefit different utilities in different ways. Mr. Eliopoulos stated he thought if there were three types out there then the City would have an RFP and would have different people reviewing it. Mr. Eliopoulos stated it does not seem logical to go this route. Mr. Frankel stated this does not seem logical to him. The City Manager stated the City is currently using some radio reads on the beach now where the vehicle drives down the road and the meters are read as it is driving by. He stated there are also systems where you sit in your office and you radio read all the meters in the City without having to drive by. Mr. Eliopoulos suggested that Mathews Consulting, Inc. give a presentation to the entire Commission and then make a decision. Mr. Frankel stated this is a lot of money. Mayor McDuffie asked if staff is looking at the same type of meter throughout the City or are we looking at different technologies in the future and different locations in the City. Mr. Krej carek stated the City currently has two different technologies that we are trying to support and the goal is to have one system. Mr. Eliopoulos moved to table this item, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos - Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 9.F. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one (1) regular member to the Green Implementation Advancement Board to serve an unexpired term ending July 31, 2011. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). 9 03/15/11 Due to her absence, Commissioner Gray's appointment has been deferred to the next regular meeting of April 5, 2011. 9.G. APPOINTMENT TO THE CIVIL SERVICE BOARD: Appoint one (1) regular member to the Civil Service Board to serve a two (2) year term ending April 1, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). Due to his absence, Commissioner Fetzer's appointment has been deferred to the next regular meeting of April 5, 2011. 9.H. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint two (2) regular members to the Financial Review Board to serve unexpired terms ending July 31, 2011 and one (1) regular member to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Eliopoulos (Seat #1). Due to her absence, Commissioner Gray's appointment has been deferred to the next regular meeting of April 5, 2011. Mayor McDuffie stated he wished to appoint Peter Arts as a regular member to the Financial Review Board to serve an unexpired term ending July 31, 2011. Mr. Frankel so moved, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. Mr. Eliopoulos moved to reappoint Martin Cherry as a regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 6:54 p.m., the Commission moved to Item ll.A., City Manager's response to prior public comments and inquiries. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated at the last meeting Marie Victorin expressed concern about the time it was taking to get permits for her interior alteration project for a business on the recently annexed area on the northwest corner of Military Trail and Atlantic Avenue. The City Manager stated her General Contractor submitted her permit application on February 2, 2011 and the application is routed to eight different City personnel for review. The City contacted the contractor on February 25, 2011 regarding deficiencies with the submission and he did not respond to the call until March 2, 2011 the day after Ms. Victorin attended the Commission meeting. Although the building file was missing a required mechanical permit application the City issued the building permit on March 9th with a hold on it so Ms. Victorin's contractor could begin work. However, 10 03/15/11 construction will have to stop at the framing stage until a mechanical permit is issued and the City has informed Ms. Victorin of this hold. The City Manager stated the City has also informed Ms. Victorin that she needed to obtain a Business Tax Receipt in the City for her new businesses although she has one already for Palm Beach County. Secondly, the City Manager stated Christina Morrison Pearce expressed concern about the proposal to acquire additional land to expand the Teen Center park area and mentioned that 14% of the City's total expenses were Parks and Recreation and it had increased where other departments had decreased. The City Manager stated it shows up in the report that way because Parks and Recreation was combined with the tennis stadium and the tennis centers. The Parks and Recreation budget between 2010 and 2011 went down approximately 3%; the tennis budget went up because of the addition of the Champions Tour cost. The City Manager stated the picture that Ms. Pearce got from the City's report is misleading as far as the operation of the City's Parks facilities. At this point, the time being 6:57 p.m., the Commission moved to Item 11.B., Comments and Inquiries on Non-Agenda Items from the Public. 11.B. From the Public. 11.B.1. Matthew Sclier, 18 Grove Way, Delrav Beach, FL 33444, expressed concern over the garbage in the City other than the downtown area and stated it is becoming a bigger problem. Secondly, Mr. Sclier stated off Swinton Avenue he hears a lot of bass coming from car stereos and noted they are not people from the neighborhood. He stated it is out of control and at 2:00 a.m. the noise from the car stereos is going right through windows. Mr. Sclier stated Code Enforcement is open for suggestions and he feels that adding speed bumps and removing bus stops every five feet on Swinton Avenue may help to deter crime in this area. 11.B.2. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach), stated the City took $650,000.00 from Fire and Paramedics and was attempting to take $1.4 million from the Sergeants and Police Officers. He stated the City is also trying to reduce the amount of protection that he, his association, and the residents are getting by reducing the shift hours from 84 to 80 hours. Dr. Kirson stated this takes money away from them and takes protection away from him especially when crime is so high. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 04-11 (FIRST READING/FIRST PUBLIC HEARING): Privately initiated amendment to the Land Development Regulations 11 03/15/11 (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ), "Segway Tours and Segway Sales", to provide specific requirements for establishment and operation of such uses; and amending Appendix "A", "Definitions". If passed, a second public hearing will be held on April 5, 2011. office.) The caption of Ordinance No. 04-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUB SECTION 4.4.13 (D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; BY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," BY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND BY AMENDING APPENDIX "A", "DEFINITIONS", TO ESTABLISH REGULATIONS FOR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF ELECTRIC PERSONAL ASSISTNE MOBILITY DEVICE (EPAMD); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 04-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District), Section 4.3.3(ZZZZ) [Requirements for Specific Uses] and Appendix "A", "Definitions". The amendment is to allow tour operators and sales of human transporters commonly known as "Segways". The proposed text amendment also provides specific requirements that apply to operations and provides distances between similar businesses. This privately initiated LDR text amendment would add these tours as a conditional use in the CBD (Central Business District) subject to special regulations. The proposed special regulations under which the use should operate are an attempt to address and mitigate any concerns including potential nuisance and safety issues. It is noted that this amendment is separate from Ordinance No. OS-11 as proposed by the City Attorney 12 03/15/11 which addresses EPAMD use citywide. This citywide ordinance will also apply to private EPAMD's use, EPAMD rental/lease uses as well as escorted EPAMD tour uses. The proposed text amendment has a limited number of special regulations and is noted as Version #1 (Applicant's version). During the text amendment review staff recommended additional regulations be applied and is attached as Version #2. Mr. Dorling stated the notable difference between the applicant's version and staff's version is the provision that prohibits tours on the east side of A-1-A as well as provisions that require minimum age and weight for riders. Tour operators would be allowed to operate on the west side of A- 1-A, except for one block north and south of Atlantic Avenue. Mr. Dorling stated it is staff's position that the unsafe situation would be created by introducing tours on the east side of A-1-A where there is competing traffic such as pedestrian, bicycles, skateboards, and the like. It is also noted that the citywide segway ordinance would also prohibit segways on the east side of A-1-A and exclude non-tour operators those operating rentals and private machines from both sides of A-1-A (Ordinance #OS-ll). Mr. Dorling stated there are some restrictions on other congested areas that staff is recommending and the applicant has agreed to most of those including Atlantic Avenue from A-1-A to I-95 and Pineapple Grove from Atlantic Avenue to N.E. 3rd Street. The applicant's version differs a little bit with that and says for Pineapple Grove in its entirety. Mr. Dorling stated this was reviewed by the Community Redevelopment Agency (CRA), West Atlantic Avenue Redevelopment Coalition (WARC), Downtown Development Authority (DDA), Pineapple Grove Main Street (PGMS), and the Planning and Zoning Board. At its meeting of January 24, 2011, the Planning and Zoning Board considered the proposed text amendment and felt that staff's version was too restrictive and that the special regulations section should be something that should be taken care of in the conditional use process. The CRA had several concerns and considered it twice and came back to them on March 10, 2011 at which time the applicant indicated that he was okay with staff s version at that point and the only contention they had was on the east side of A-1-A which was outside the district and therefore agreed to recommend approval. At its meeting of January 10, 2011 and March 14, 2011, the DDA considered this ordinance. Mr. Dorling stated yesterday the DDA agreed with the latest version (staffs version) with the exception that they thought the restriction on A-1-A should be limited to both sides of the CBD (Central Business District) which is one block north and south of Atlantic Avenue. Mr. Dorling stated he recommends approval of staff s version. He stated there is another recommendation that portions of the ordinance g-x which are part of the City's version should be pulled out of both the applicant's version and the City's version and left to the overall citywide ordinance. Mr. Dorling stated if that is done that would mean that staff s version would only contain a-f and that g-x which deals with more of the operation of the use and would be adopted through the citywide ordinance. The City Manager stated what the Commission has in front of them with the red print is the applicant's version and what is in red is how the Commission would need to amend the applicant's version in order to incorporate staff s comments. Mayor McDuffie declared the public hearing open. 13 03/15/11 Michael Listick, 190 S.E. 5th Avenue, Delray Beach, FL 33483 (Attorney representing Applicant), stated he agrees with 99.9% of what the final ordinance is. Mr. Listick stated he met with staff and came up with restrictions to make sure that public safety was protected. He stated when they drafted the ordinance based on that conversation staff came up with some additional requirements that they thought were necessary for public safety. Mr. Listick expressed concern over the safety along A-1-A and stated there are some things in the restrictions that are unnecessary; however, they can accept those. Andy Katz, 220 South Ocean Boulevard, Delray Beach, FL 33483 (speaking on behalf of Beach Property Owners Association BPOA), stated some of the comments from the BPOA is that the sidewalks on A-1-A are overused and this is just another burden and there were other comments that this was not a bad idea. Mr. Katz stated we have all kinds of other uses on the A-1-A sidewalk specifically the eastern sidewalk and some of those uses are bicycles, skateboards and motorized skateboards, rollerblades, mothers and fathers with racing strollers, unicycles, and a guy with the bagpipe. Mr. Katz stated this all adds to city life as long as it does not become a problem. He stated we have had other things on the beach itself where we have decided as a city that some things will not be allowed in the majority of the beach but will be allowed in restricted areas like the recreational areas. Mr. Katz stated the BPOA would like to make sure that a reasonable speed limit is considered, wherever there are bike shoulders that the guided tours use those and if they cannot then the sidewalk needs to be used but the speed limit should be there and that they be in a single file. Mr. Katz stated the BPOA would like to make sure the conditions that are already being considered also have the reasonable speed limit and the single file operation in preference for the bicycle lanes where they are available. Mr. Listick stated it is a good idea to add that bicyclists be in a single file in the ordinance. He stated with regard to speed the ordinance states 6 mph as a maximum along the beach and 12 mph anywhere else. Mr. Listick stated a reasonable casual walk is 4 mph. Mr. Listick stated as an additional safety measure and although everyone has agreed to 6 mph, it could be lowered to 4 mph to be the same speed as a walker. Mr. Listick stated he noticed one block going north goes all the way to Thomas Street which is almost three blocks and at the next meeting he will suggest that instead of going north one block to Thomas Street that it stop at the end of the Marriott. He stated on the other side going south it is one block to Miramar and that is reasonable but at the same time the DDA said that you do not have to do that because there are residences going south so they said ban them from the side of the Marriott to the end of Boston's. Mr. Listick stated this makes sense because it is consistent with the CBD (Central Business District). Mr. Listick noted that at one of the meetings the Police Department was talking about safety and stated on the east side at the north end of A-1-A there is a double sidewalk and asked why we are banning it there. Mr. Listick stated on the west side there is no sidewalk. Alice Finst, 707 Place Tavant, Delrav Beach, FL 33445, stated before the meeting she read the backup information on Item 9.A. and then read the information 14 03/15/11 on this ordinance. Mrs. Finst suggested that at the next presentation staff narrow this down to one page so that it would be useful to hand out to people who are renting these machines. She suggested that language be put in the ordinance regarding training for these machines and that they not be allowed to train in the alleys but that they train behind their businesses where their parking spaces are. Mrs. Finst expressed concern over the safety issues and stated she would like this to be as safe as possible for everyone. David Schmidt, 140 N.E. 4t'' Avenue, Delray Beach, FL 33483 (Attorney representing his client The Electric Experience), stated his client hopes to be renting segways and doing segway tours as well. Mr. Schmidt stated they are in agreement with 99.9% of this ordinance as is Mr. Listick's client and they have the same interest in being able to utilize A-1-A for the tours and as was mentioned on the north end of the beach with a double sidewalk they think this can be accommodated on part of that. Mr. Schmidt stated he and Mr. Listick are going to try and come up with a joint map that would diagram the proposed tour along A-1-A for the next presentation. Dr. Victor Kirson, 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach), stated this is a business and feels the Commission automatically approves businesses. However, Dr. Kirson stated you cannot regulate people and feels there is currently too much traffic on A-1-A. He stated if segways are approved people will not be able to enjoy what they have been doing the way they are now. There being no one else from the public who wished to address the Commission regarding Ordinance No. 04-ll, the public hearing was closed. Mr. Eliopoulos stated this is something new and different but safety still trumps everything. He stated he supports staff's recommendations. Mr. Frankel stated the biggest concern is public safety but does not feel we will be able to enforce the speed limit and that is not a big issue. However, Mr. Frankel stated there are other things that can be put in an ordinance that would contribute to public safety. In his opinion, Mr. Frankel stated segways should not be on any sidewalks and feels that on the streets bike lanes are appropriate. Mr. Frankel stated he would like to see something in the ordinance about how long the training would be and that they wear a bright colored safety vest. Mr. Frankel reiterated that he would like to see something in the ordinance about training, what they are wearing, and does not want to see the segways on the sidewalks. Mayor McDuffie expressed concern over safety and he wants to make certain that we can get these vehicles to operate safely within the City of Delray Beach. Mayor McDuffie stated he has experienced some problems with cyclists particularly on A-1-A where they take over the roadway. He stated he went to some of the cycling clubs and spoke to the people in charge and they police themselves so a lot of that behavior ceased. Mayor McDuffie stated he has not personally experienced it again and has not had anybody else bring this back to him. 15 03/15/11 Mr. Eliopoulos moved to approve Ordinance No. 04-11 on First Reading/First Public Hearing (the amended version of the applicant's version that was amended in red by staff), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 10.B. ORDINANCE NO. 09-11 (FIRST READING/FIRST PUBLIC HEARING): Consider amending the Land Development Regulations (LDR) by amending Sections 4.4.12, "Planned Commercial (PC) District; 4.4.15, "Planned Office Center (POC) District", 4.4.21, "Community Facilities (CF) District"; enacting a new Section 4.5.18, "Medical Arts Overlay District", to provide for the creation and implementation of the Medical Arts Overlay District; and amending Appendix "A", "Definitions", of the Land Development Regulations (LDR) to define "Institutional Uses". If passed, a second public hearing will be held on April 5, 2011. The caption of Ordinance No. 09-11 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH BY AMENDING SECTIONS 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT; 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT; 4.4.21, "COMMUNITY FACILITIES (CF) DISTRICT"; ENACTING A NEW SECTION 4.5.18, "MEDICAL ARTS OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND IMPLEMENTATION OF THE MEDICAL ARTS OVERLAY DISTRICT; AND AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO DEFINE "INSTITUTIONAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 09-11 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 a city- initiated amendment to amend the LDRs to create and implement a Medical Arts Overlay District. This is accompanied by two (2) other related ordinances (10-11 and 11-11); all three ordinances address how the city regulates Residential and Non-Residential Licensed 16 03/15/11 Service Providers. Mr. Dorling stated this ordinance creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/detoxification type facilities) within the overlay district which encompasses Community Facilities (CF), Planned Office Center (POC), and Planned Commercial (PC) zoning districts located at the corner of Linton Boulevard and Military Trail. The overlay district encompasses the general area of Military Trail and Linton Boulevard and includes the existing Delray Medical Center, South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal- Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. At its meeting of February 28, 2011, the Planning and Zoning Board voted 5 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 09-ll, the public hearing was closed. Mr. Frankel moved to approve Ordinance No. 09-ll on First Reading/First Public Hearing, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. 10.C. ORDINANCE NO. 10-11 (FIRST READING/FIRST PUBLIC HEARING): Consider amending the Land Development Regulations (LDR) by repealing Section 4.3.3(d), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety; amending Sections 4.4.2 "Rural Residential (RR) Zone District", 4.4.3 "Single Family Residential (R-1) Districts", 4.4.5 "Low Density Residential (RL) District", 4.4.6 "Medium Density Residential (RM) District", 4.4.7 "Planned Residential Development (PRD) District", 4.4.17 "Residential Office (RO) District", 4.4.24 "Old School Square Historic Arts District (OSSHAD)", 4.4.29 "Mixed Residential Office and Commercial (MROC) District", to include residential licensed service provider facilities as permitted uses in these zoning districts; amending Sections 4.4.6 "Medium Density Residential (RM) District"; 4.4.9 "General Commercial District" (GC), 4.4.13 "Central Business District (CBD), 4.4.16 "Professional and Office District", 4.4.17 "Residential Office (RO) District" and 4.4.24 "Old School Square Historic Arts District (OSSHAD)"; to clarify that residential licensed service provider facilities and nursing homes are allowed where other residential uses are allowed in these zoning districts; amending Appendix "A" , "Definitions", in order to provide updated definitions of "Residential Licensed Service Provider" and "Non-Residential Licensed Service Provider". If passed, a second public hearing will be held on April 5, 2011. The caption of Ordinance No. 10-ll is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 17 03/15/11 AMENDING THE LAND DEVELOPMENT REGULATIONS BY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON-RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY; AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (MROC) DISTRICT" TO INCLUDE RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AMONG THE LIST OF PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC), 4.4.13, "CENTRAL BUSINESS DISTRICT (CBD), 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; TO CLARIFY THAT RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AND NURSING HOMES ARE ALLOWED WHERE OTHER RESIDENTIAL USES ARE ALLOWED IN THESE ZONING DISTRICTS; AMENDING APPENDIX "A", "DEFINITIONS", IN ORDER TO PROVIDE UPDATED DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER" AND "NONRESIDENTIAL LICENSED SERVICE PROVIDER"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. office.) (The official copy of Ordinance No. 10-ll is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling AICP, Director of Planning and Zoning, stated this repeals current specific regulations pertaining to Residential and Non-Residential Licensed 18 03/15/11 Service Providers and specifies the zoning districts in which such uses are allowed. This is accompanied by two (2) other related ordinances (09-ll and 11-ll); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. Mr. Dorling stated Ordinance No. 10-ll repeals LDR Section 4.3.3(D), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our Code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated the same as any other residential uses. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1,200 feet of any private or public school), etc. Mr. Dorling stated Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are being added as permitted uses subject to regulations applied to all residential uses. These include regulations that control transient residential uses, landlord permits, and the definition of "family". Also, nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. At its meeting of February 28, 2011, the Planning and Zoning Board voted 3 to 0 to recommend approval. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-ll, the public hearing was closed. Mr. Eliopoulos moved to approve Ordinance No. 10-ll on First Reading/First Public Hearing, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 10.D. ORDINANCE NO. 07-11: Consider repealing Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach. The caption of Ordinance No. 07-ll is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING ORDINANCE 40-10 REGARDING PROPOSED CHANGES TO THE DELRAY BEACH CHARTER; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. 19 03/15/11 office.) (The official copy of Ordinance No. 07-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this ordinance repeals Ordinance No. 40-10 regarding proposed revisions to the Charter of the City of Delray Beach which the Commission gave direction to staff that due to the fact that with the Commission election we would not place those changes on the ballot. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 07-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 07-11 on Second and FINAL Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 10.E. ORDINANCE NO. 08-ll: Consider approval to amend Chapter 112, "Alarm Systems", by amending Sections 112.20, "Application For Alarm Registration; Reporting Changes To Required Information; Renewal", and 112.21, "Alarm Registration Required; Penalty For Failure To Register", to provide that renewals shall be filed by May 1st each year and to clarify registration requirements for fire alarms. The caption of Ordinance No. 08-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 112, "ALARM SYSTEMS", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTIONS 112.20, "APPLICATION FOR ALARM REGISTRATION; REPORTING CHANGES TO REQUIRED INFORMATION; RENEWAL" AND 112.21, "ALARM REGISTRATION REQUIRED; PENALTY FOR FAILURE TO REGISTER" TO PROVIDE THAT RENEWALS SHALL BE FILED BY MAY 1 EACH YEAR AND TO CLARIFY REQUIREMENTS FOR BURGLAR/FIRE ALARMS; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 08-11 is on file in the City Clerk's 20 03/15/11 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. Lula Butler, Director of Community Improvement, clarified that under LDR Section 112.21 it requires that fire alarm systems be required to register them upon notice from the Fire-Rescue Department. Mrs. Butler stated all other burglar alarms and residential alarms shall be required to obtain a valid alarm registration upon the emission of one false/nuisance alarm. In addition, Mrs. Butler stated staff has changed the annual renewal date because of when staff expects the software to come online. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 08-11, the public hearing was closed. Mr. Eliopoulos moved to adopt Ordinance No. 08-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. Readings. At this point, the time being 7:42 p.m., the Commission moved to First 12. FIRST READINGS: 12.A. ORDINANCE NO. 05-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by enacting Section 132.10, "Electric Personal Assistive Mobility Devices, (EPAMDS)", to regulate the use of such devices on city streets and sidewalks. If passed, a public hearing will beheld on April 5, 2011. The caption of Ordinance No. OS-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES BY ENACTING SECTION 132.10, "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES, (EPAMDs)", TO REGULATE THE USE OF SUCH DEVICES ON CITY STREETS AND SIDEWALKS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. OS-11 is on file in the City Clerk's 21 03/15/11 The City Attorney read the caption of the ordinance and stated in the discussion of the previous ordinance (04-11) a lot of the things that were discussed are included in this ordinance and staff can also include some of the other things that they have brought up. The City Attorney stated this ordinance will be the base ordinance for the City that governs the segway use in the City. He stated right now under State Statute unless a City enacts another ordinance segways are allowed on roads under 25 mph, where bicycles are allowed, and on sidewalks. Mr. Frankel commented about page two with regard to the Americans with Disabilities Act (ADA) and stated Disney World banned segways from their parks because they were not approved by the FDA as medical devices. Mr. Frankel asked if the ADA would still apply if it is not a medical device. The City Attorney stated he can research this and look into this. Mr. Frankel suggested specifying a certain time for training somewhere between 15 and 45 minutes and that it be required for people to wear a metallic safety vest so that they will stand out and be easily seen. Mr. Frankel stated this is a safety measure that is not too expensive. The City Attorney stated in discussion of the previous ordinance the applicant had mentioned the speed limit on the west side along A-1-A and suggested that this be reduced to 4 mph if we still keep A-1-A on the west side in this ordinance. Mayor McDuffie and Commissioner Eliopoulos concurred with comments expressed by Commissioner Frankel. Mr. Frankel commented about whether or not the Commission would like to allow segways on sidewalks or not. Mr. Eliopoulos suggested that staff review the route and see whether or not it is appropriate for the segways to be on it or not. The City Attorney asked the applicant and any other interested parties if they could give the route to staff as soon as possible so that way we might be able to modify the ordinance or get a consensus. Brief discussion continued between the City Attorney and the Commission. Mr. Frankel moved to approve Ordinance No. OS-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mayor McDuffie -Yes; Mr. Eliopoulos -Yes. Said motion passed with a 3 to 0 vote. 12.B. ORDINANCE NO. 06-ll: Privately initiated Future Land Use Map amendment from (Medium Density Residential 5-12du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) fora 0.22 acre parcel located immediately east of the existing Presidential Auto Leasing and Sales, located at the southeast corner of South Federal Highway and Avenue "L". If passed, a public hearing will beheld on April 5, 2011. The caption of Ordinance No. 06-11 is as follows: 22 03/15/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSNE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC); TO GC (GENERAL COMMERCIAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) TO AC (AUTOMOTNE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF AVENUE "L", APPROXIMATELY 357 FEET EAST OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) 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. (The official copy of Ordinance No. 06-ll is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately initiated Future Land Use Map (FLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L", 357 feet east of Federal Highway. The property subject to the proposed FLUM amendment and rezoning is Lots 55 through 58 of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant proposes to utilize it as a parking area for the adjacent residential uses. At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application to change the designation of the subject property from RM to CF (Community Facilities) and establish a 23-space parking lot for the adjacent automotive use. Staff recommends denial of the current request as this would represent further encroachment of commercial use into the adjacent residential neighborhoods to the south and east and is incompatible with these uses. Mr. Dorling stated there are some required findings that need to be made to meet valid reasons for a FLUM change and these have not been provided by the applicant. Staff believes that the existing MD (Medium Density 5-12 du/acre) designation is more appropriate as it maintains a stock of land for multiple family residential uses in the future and would accent future population growth within the City. The proposed rezoning does not fulfill any of the required rezoning reasons identified in the LDRs. Therefore, Mr. Dorling stated because those required findings are not met 23 03/15/11 staff recommends denial. At its meeting of February 28, 2011, the Planning and Zoning Board recommended approval with a 3 to 1 (Miller opposing) vote. One person from the public expressed a concern over the traffic congestion on Avenue "L." The City has also received a letter from the Tropic Isle Civic Association in support of the proposed changes which is attached to the Planning and Zoning Board staff report. Michael Listick, Attorney representing the applicant, stated staff states that this is encroaching into residential and commented that there is parking for the dealership, parking in the shopping center, a condominium with a drive into the condominium (rear entrance) and noted parking for the swimming pool Mr. Listick stated this is not inconsistent with what is around it but it is very consistent. Mr. Eliopoulos stated the Commission has to review this and determine that this is a strong case because this will set a precedent. Mr. Frankel moved to approve Ordinance No. 06-11 on FIRST Reading, seconded by Mr. Eliopoulos. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Eliopoulos -Yes; Mr. Frankel -Yes. Said motion passed with a 3 to 0 vote. 12.C. ORDINANCE NO. 11-ll: Consider acity-initiated amendment to Land Development Regulations (LDR) Appendix "A", "Definitions", to provide a revised definition for Medical Office. If passed, a public hearing will beheld on April 5, 2011. The caption of Ordinance No. 11-11 is as follows: office.) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, BY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "MEDICAL OFFICE", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 11-11 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance amends the definition of Medical Office to include the outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non-institutional medical uses are currently, and will continue to 24 03/15/11 be allowed in medical office districts. Institutional medical uses, including intensive inpatient treatment facilities, will be allowed in the new Medical Arts District. Mr. Dorling stated many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. At its meeting of February 28, 2011, the Planning and Zoning Board voted 5 to 0 to recommend approval. Mr. Eliopoulos moved to approve Ordinance No. 11-ll on FIRST Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Eliopoulos -Yes; Mr. Frankel -Yes; Mayor McDuffie -Yes. Said motion passed with a 3 to 0 vote. At this point, the time being 8:00 p.m., the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items from the City Manager, City Attorney and City Commission. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated Commissioner Frankel expressed concern about creating a problem with the five (5) foot clearance on sidewalks. The City Manager stated most of the complaints are centered on about four locations along East Atlantic Avenue. Code Enforcement staff has met with Clean and Safe Police Supervisor to coordinate a more focused and direct enforcement of the rules since a lot of the violations occur in the evening hours. However, the City Manager stated when the City has an event such as the tennis tournament the pedestrian crowd creates gridlock on the sidewalks. The City Manager stated both Police and Code Enforcement are focused on monitoring the five (5) foot clear path daily; ready to issue any civil violation notices as needed. Secondly, the City Manager stated Mayor McDuffie had inquired about Police and Community Improvement working on noise issues coming from some establishments in the downtown area and there are about a half of dozen restaurants creating excessive noise either from outdoor speaker systems or live bands. The City Manager stated because most of the noise occurs in the evening hours and Police will be issuing warnings and civil citations for all the noise problems. He stated the Police had been focused primarily on decibel readings but that has not solved the conflict so they are now focusing on other parts of the Code. The City Manager stated at the March 1, 2011 City Commission meeting there was a comment about the light in Worthing Park that was bothering the residents living above it. On March 4, 2011, the light was worked on and it is now a lot dimmer. The City has requested a shield be put on the south side of the globe like is done on A-1- Aand Atlantic Avenue. 25 03/15/11 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Eliopoulos Mr. Eliopoulos had no comments or inquiries on non-agenda items. 13.C.2. Mr. Frankel Mr. Frankel stated the St. Patrick's Day Parade was amazing and everyone did a great job. Mr. Frankel commended staff that cleaned after the event and stated on Sunday morning the City was spotless. 13.C.3. Mayor McDuffie Mayor McDuffie thanked Vice Mayor Frankel for taking care of the Workshop Meeting. Secondly, Mayor McDuffie gave tremendous accolades for the parade and extended kudos to the clean up staff. Lastly, Mayor McDuffie thanked the Commission for taking care of everything while he was off. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:06 p.m. City Clerk ATTEST: MAYOR 26 03/15/11 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 15, 2011, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 27 03/15/11 MARCH 31, 2011 DELRAY BEACH CITY COMMISSION ANNUAL ORGANIZATIONAL MEETING (1) Call to Order/Roll Call. The annual Organizational Meeting of the City Commission of the City of Delray Peach, Florida was called to order by Mayor Nelson S. McDuffie in the Commission Q-iambers at City Hall at 6:00 p.m. on Thursday, March 31, 2011. Roll call showed Commissioner Gary Eliopoulos Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. "Woodie" McDuffie Absent: None Also present were: David T. Hardery City Manager Prian Shutt, City Attorney Chevelle D. Nubin, City Qerk (2) The Pledge of Allegiance to the Flag was given. Commissioner Eliopoulos thanked the Commission and staff. He stated we have a great staff and also thanked the citizens for getting him elected for two consecutive terms. He acknowledged and thanked Mr. Tom Carney for stepping up. He stated it has been great and thanked everyone for all of their support. (3) Oath of Office administered to Newly-Elected City Commission Members. The City Qerk administered the Oath of Office to Commissioner Thomas F. Carney, Jr. (Seat # 1), Commissioner Adam Frankel (Seat # 3) and Mayor Nelson S. "Woodie" McDuffie (Seat # 5). (4) Roll Call Newly Sworn-In Commission. The City Qerk called the roll of the Commission after newly-elected City Commission Members were sworn in. Roll call showed Commissioner Thomas F. Carney, Jr. Commissioner Fred P. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. "Woodie" McDuffie Absent: None (5) Selection of Vice-Mayor (for the term Apri11, 2011 through March 29, 2012). Commissioner Fetzer moved to appoint Commissioner Gray as Vice-Mayor of the City of Delray Peach for the term April 1, 2011 through March 29, 2012, seconded by Commissioner Frankel. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Graff Yes; Mayor McDuffie - Yes; Commissioner Carney -Yes. Said motion passed with a 5 to 0 vote. (6) Selection of Deputy Vice-Mayor (for the term Apri11, 2011 through March 29, 2012). Commissioner Frankel moved to appoint Commissioner Carney as Deputy Vice-Mayor of the City of Delray Peach for the term April 1, 2011 through March 29, 2012, seconded by Commissioner Fetzer. Upon roll call, the Commission voted as follows: Commissioner Frankel -Yes; Commissioner Gray -Yes; Mayor McDuffie -Yes; Commissioner Carney - Yes; Commissioner Fetzer -Yes. Said motion passed with a 5 to 0 vote. (7) Review and Acceptance of regularly scheduled City Commission Meeting dates for the period Apri12011 through March 2012. Commissioner Frankel noted that in Apri12011, the second regular meeting for the month (Apri119, 2011) will fall on Passover. It was the consensus of the Commission to change the date to Thursday, April 21, 2011 for the second regular meeting in April. Commissioner Frankel moved to approve the Commission Meeting dates as amendec>, seconded by Commissioner Gray. Upon roll call, the Commission voted as follows: Commissioner Gray - Yes; Mayor McDuffie -Yes; Commissioner Carney -Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes. Said motion passed with a 5 to 0 vote. (8) Establish a date for the 2012 Goal Setting Session. Commission discussed the scheduling of the 2012 G oal Setting Session with Lyle Sumek Annual Organizational Meeting March 31, 2011 Commissioner Frankel moved to approve the 2012 Goal Setting Date as Monday, Apri12, 2012, seconded by Commissioner Gray. Upon roll call, the Commission voted as follows: Mayor McDuffie -Yes; Commissioner Carney -Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Gray -Yes. Said motion passed with a 5 to 0 vote. (9) Review and Adoption of Rules of Procedure -Delray Beach City Commission (Local Rules). Commissioner Carney moved to adopt the Rules of Procedure as presented seconded by Commissioner Gray. Upon roll call the Commission voted as follows: Commissioner Carney -Yes; Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Gray- Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. (10) Review and Adoption of Procedures for Quasi-Judicial Hearings. Commissioner Frankel moved to adopt the procedures for Quasi Judicial Hearings, seconded by Commissioner Gray. Upon roll call the Commission voted as follows: Commissioner Fetzer -Yes; Commissioner Frankel -Yes; Commissioner Graff Yes; Mayor McDuffie -Yes; Commissioner Carney -Yes. Said motion passed with a 5 to 0 vote. (11) Review of City Commission Liaison Appointments to various Advisory Boards and outside agencies. Commission reviewed the assigned liaisons from Boards and Outside Agencies and amended the liaison appointments. A copy of the amended assignments is attached as part of the minutes. Commissioner Frankel stated he was selected by the County to replace Commissioner Eliopoulos on the Tourist Development Council. (12) Commission Comments. Commissioner Carney stated he is honored and looking forward to working with Commission and the staff. He is excited about the possibilities of the city and hopes to add value to the deliberations and the actions that proceed Mayor McDuffie welcomed him. Commissioner Fetzer thanked Commissioner Eliopoulos for the job he has done over the 4 years he has worked him and stated he has never seen a more dedicated commissioner than Commissioner Eliopoulos. He welcomed Commissioner Carney. Commissioner Gray thanked Commissioner Eliopoulos for his expertise in certain areas and stated she learned alot from him. She welcomed Commissioner Carney and stated they served on the Community Redevelopment Agency (CRA) board together and looks forward to werking with him. Annual Organizational Meeting March 31, 2011 In additiony she attended the National League of Cities Conference and brought back programs and ideas for the city. Commissioner Frankel stated he will miss Commissioner Eliopoulos. He is a good guy and whenever there was a tough situation, he would lighten things up. His knowledge will never be forgotten. He appreciates his friendship and everything he did He welcomed Commissioner Carney and stated it will be a great couple of years serving with him. He also mentioned the rules of procedure and discussed receiving the agendas in advance. Also, he asked about the quasi judicial rules and stated he would like to see more structure for the workshop meetings. Mayor McDuffie thanked everyone who came tonight. He stated he ant to see the Hartman House, the first Ped and Preakfast in Delray Peach, and Roger Cope did an amazing j ob with this. He stated people speak to them around many areas of town and often tallc about what a great place Delray Peach is. He stated ~ have had consistent Commissions since the mid 1980's who kept the vision and as much as possrble have kept their personal agendas out of the way. He stated he has known Mr. Carney for several years and he will be a great addition to this Commission and will move the city forward The collaboration of the Commission has served the city and communities well. There being no further business, the meeting was adjourned at 6:34 p.m. City Clerk ATTEST: MAYOR The undersigned is the City Qerk of the City of Delray Peach, Florida, and the information provided herein is the minutes of the Annual Organizational Meeting of the City Commission held on March 31, 2011, which minutes ~re formally approved and adopted by the City Commission on Avri15, 2011. Annual Organizational Meeting March 31, 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 official only after review and approval by the City Commission which may involve amendments, additions or deletions to the minutes as set forkh above. Annual Organizational Meeting March 31, 2011 MEMORANDUM TO: Mayor and City Commissioners THRU: David T. Harden, City Manager FROM: Chevelle D. Nubin, CMC, City Clerk SUBJECT: CITY COMMISSION LIAISON ASSIGNMENTS DATE: April 1, 2011 Below is the list of City Commission Liaison assignments as amended at the March 31, 2011 Annual Organizational Meeting. BOARD Community RedeveloFment Agency 2nd & 4~h Thursdays at 5:30 p.m. Commission Chambers Community Land Trust 31d Thursday at 6:00 p.m. Old School Square Library Delray Beach Public Library 31d Wednesday at 5:30 p.m. r 2nd Floor Conference Room, Library Delray Beach Public Schools LIAISON Commissioner Carney Primary Member Commissioner Fetzer Alternate Member Mayor McDuffie Commissioner Fetzer City Commissioners adopt a Delray Beach Public School and serve as a liaison to that School's Advisory Committee. The Schools are: Banyan Creek Elementary School Commissioner Frankel Second i~edne.rday of every month @ 6:30 p.~. in Media Center Spady Elementary School Mayor McDuffie Aprzl25, 209 9 @ 4:30 p.~. in Media Center Plumosa Elementary School Commissioner Fetzer Aprzl20, 209 9 and May 9 9, 209 9 @ 6:00 p.~. in the Cafeterza Pine Grove Elementary School Commissioner Gray Aprzl S, 209 9 and May 3, 209 9 @ 6:00 p.~. in Media Center Page 2 Orchard View Elementary School Commissioner Carney 9'~` i~edne.rday of every month @ 6:00 p.~. in Media Center Village Academy Mayor McDuffie Aprzl4, 209 9 and May 2, 209 9 @ 6:00 p.~. in Media Center Carver Middle School Commissioner Fetzer Aprzl 94, 209 9 and May 92, 209 9 @ 6:00 p.~. in Media Center Atlantic High School Commissioner Gray Aprzl26, 209 9 and May 24, 209 9 @ 7:00 p.~. in Media Center Downtown DeveloFment AuthoritX Commissioner Frankel 2nd Monday at 12:00 Noon Primary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Downtown Marketing Cooperative Board of Directors Mayor McDuffie 4th Thursday at 8:30 a.m. Primary Member Chamber of Commerce Commissioner Gray Alternate Member Drug Task Force Mayor McDuffie 3rd Friday at 8:30 a.m. Primary Member Chief s Conference Room, Police Department Commissioner Fetzer Alternate Education Board Commissioner Fetzer 1st Monday at 5:30 p.m. Primary Member First Floor Conference Room, City Hall Mayor McDuffie Alternate Member General EmFloyees Retirement Committee Meets once every quarter Historic Preservation Board Commissioner Frankel 1st and 3rd Wednesdays at 6:00 p.m. Commission Chambers Parking Management Advisory Board Commissioner Carney 4th Tuesday at 5:30 p.m. First Floor Conference Room, City Ha]1 Police & Fire Board of Trustees Commissioner Frankel 31d Wednesday at 1:00 p.m. in Douglas Smith Training Room at Fire HQ or Assistant City Manager Police Chief's Conference Room S:ACitc Clerk\ORG~NIZ~'TION `~L MEE'TINGS\MaYCh 31, 2011 OYg Meeting `agenda Items and Backup\CITY C0111i lISSION LIAISON ASSIGNMENTS as amended 2011-2012.doc Page 3 Public Art Advisory Board Commissioner Frankel 4th Monday at 6:00 p.m. Environmental Services Department, Administration Building 434 South Swinton Avenue Sister Cities Committee Mayor McDuffie 1st Thursday at 4:30 p.m. First Floor Conference Room, City Ha]1 OTHER CITY ADVISORY BOARDS: Board of Adjustment 1st and 3rd Thursday at 5:30 p.m. City Commission Chambers, City Hall Civil Service Board Meets as needed City Commission Chambers, City Hall Code Enforcement Board 2nd and 4th Tuesday at 1:30 p.m. City Commission Chambers, City Hall Delray Beach Housing AuthoritX 3rd Thursday at 8:45 a.m. Lake Ida Plaza, Suite 310B 600 North Congress Avenue Financial Review Board 1st and 3rd Tuesday at 8:30 a.m. First Floor Conference Room, City Ha]1 Green ImFlementation Advancement Board 31d Wednesday at 6:30 p.m. Environmental Services Department 434 South Swinton Avenue, Delray Beach Kids and Cops 1st Wednesday at 6:00 p.m. Police Department 300 West Atlantic Avenue, Delray Beach Neighborhood Advisory Council 3rd Monday at 5:30 p.m. First Floor Conference Room, City Ha]1 Nuisance Abatement Board 1st and 3rd Monday at 3:30 p.m. City Commission Chambers, City Hall S:ACitc Clerk\ORG~NIZ~'TION `~L MEE'TINGS\MaYCh 31, 2011 OYg Meeting `agenda Items and Backup\CITY C0111i lISSION LIAISON ASSIGNMENTS as amended 2011-2012.doc Page 4 Planning & Zoning Board 3rd Monday at 6:00 p.m. City Commission Chambers, City Hall Police Advisory Board 2nd Monday at 5:30 p.m. First Floor Conference Room, City Hall Public EmFloyees Relations Commission Meets as needed City Commission Chambers, City Hall Site Plan Review and Appearance Board 2nd and 4~h Wednesday at 6:00 p.m. City Commission Chambers, City Hall OUTSIDE AGENCY APPOINTMENTS Palm Beach Count~gue of Cities, Inc. Governmental Center 301 North Olive Avenue West Palm Beach 33402 Contact: James Titcomb, Exec. Director (561) 355-4484 David T. Harden, City Manager Board of Directors; Transportation Committee Chair Commissioner Gray Alternate Member The Palm Beach County League of Cities, Inc. was chartered in 1969 as a non-profit corporation. The purpose of the Palm Beach County League of Cities is to promote and advance the collective interest of the municipalities of Palm Beach County; to study municipal issues and seek desired results through cooperative efforts; to respect the principles of Home Rule; and to encourage and enhance the quality of life of citizens of Palm Beach County. The General Membership meets once per month (normally the 4~h Wednesday) at 11:30 a.m. at different host cities around the county. The Board of Directors meets once per month (normally the 4~h Wednesday) at 10:00 a.m., at various locations in Palm Beach County. Florida League of Cities, Inc. 301 S. Bronough Street, Suite 300 (32301) Post Office Box 1757 Tallahassee, Florida 32302-1757 Contact: Scott Dudley, Sr. Legislative Advocate (850) 222-9684 David T. Harden, City Manager Urban Administration Committee Member Mayor McDuffie Florida League of Mayors Member S:ACitc Clerk\ORG~NIZ~'TION `~L MEE'TINGS\MaYCh 31, 2011 OYg Meeting `agenda Items and Backup\CITY C0111i lISSION LIAISON ASSIGNMENTS as amended 2011-2012.doc Page S MetroFolitan Planning Organization Of Palm Beach County 160 Australian Avenue, Suite 201 P. O. Box 21229 West Palm Beach 33416 Contact: Randy M. Whitfield, P.E. Director (561) 684-4170 or Paul Dorling (City staf~ (561) 243-7040 Mayor McDuffie Primary Member Commissioner Frankel Alternate Member The Metropolitan Planning Organization of Palm Beach County was created pursuant to Chapter 339.175 of the Florida Statutes. Their objectives are to encourage and promote the safe and efficient management, operation and development of surface transportation systems that will serve the mobility needs of people and freight within, and through, urbanized areas of Palm Beach County while minimizing transportation related fuel consumption and air pollution. The MPO is charged with the development of short-range (5 year) and long-range (20 year) transportation plans and programs. MPO Board (elected officials) meets on the 3~d Thursday of the month at 9:00 a.m., 12th floor Conference room at the Governmental Center, 301 North Olive Avenue, West Palm Beach, Florida. Technical Advisory Committee (TAC, staff subcommittee) meets on the 1st Wednesday of the month at 9:00 a.m. at 2300 North Jog Road in the 4th floor Conference Room, #4E-12, West Palm Beach. Liaison to State ReFresentatives (includes reFresentative changes due to elections Lori Berman, District 86 Commissioner Frankel Bill Hager, District 87 Commissioner Fetzer Liaison to State Senators (includes reFresentative changes due to elections Ellyn Bogdanoff, District 25 Mayor McDuffie Christopher Smith, District 29 Commissioner Gray Maria Sachs, District 30 Commissioner Frankel Liaison to United States ReFresentatives (includes reFresentative changes due to elections Ted Deutch, District 19 Commissioner Frankel A11en West, District 22 Mayor McDuffie A1cee L. Hastings, District 23 Commissioner Gray Intergovernmental Coordination Issues Forum Lantana Council Chambers 500 Greynolds Circle Lantana, 33405 Contact: Ana Yeskey 9835-16 Lake Worth Road, Suite 223 Lake Worth 33467 (561) 434-2575 Commissioner Frankel Primary Member Commissioner Gray Alternate Member Paul Dorling City Staff Member S:ACitc Clerk\ORG~NIZ~'TION `~L MEE'TINGS\MaYCh 31, 2011 OYg Meeting `agenda Items and Backup\CITY C0111i lISSION LIAISON ASSIGNMENTS as amended 2011-2012.doc Page 6 The Intergovernmental Coordination Issues Forum reviews and makes recommendations on issues of multi-jurisdictional significance, such as school concurrency, county wide fire rescue services, and countywide library services. The intent is to have municipalities work together on issues of countywide concern or impact and to assist in the resolution of any disputes which may arise between local governments. The Issues Forum meets on a quarterly basis. The meetings are scheduled for March 31, 2011, June 30, 2011, September 29, 2011; and December 29, 2011. The Executive Committee meeting at 9:30 a.m., Issues Forum at 10:30 a.m. and IPARC at 1:30 p.m. in the Lantana Council Chambers. S:ACitc Clerk\ORG~NIZ~'TION `~L MEE'TINGS\MaYCh 31, 2011 OYg Meeting `agenda Items and Backup\CITY CO111i lISSION LIAISON ASSIGNMENTS as amended 2011-2012.doc WHEREAS, Frances Carter is an educator with the School Board of Palm Beach County, a pillar of the community, an advocate for youth and an activist for civil rights. WHEREAS, she has maintained a supportive working relationship with the City as the founder of Children Learning After School Session (C.L.A.S.S.) of Palm Beach County, Inc., a private educational organization, and Trailblazers, a Black History Month luncheon to honor people in the community; and WHEREAS, Mrs. Carter's career and work in the community, especially with its youth, is celebrated with multitudinous awards of recognition and accolades, including two national awards; and WHEREAS, she participated in Naciremas of Delray Beach, a civil rights group founded by the Delray Beach Civic League, she is affiliated with Alpha Omicron Chapter of Eta Phi Beta Sorority an active member of the Delray Merchants Association and is also on the Finance Committee and chairperson of the Scholarship Committee at St. Paul Missionary Baptist Church, along-standing member of both the Classroom Teachers Association (CTA) and National Educational Association (NEA); and WHEREAS, Mrs. Carter was born Frances Strainge on June 16, 1943 in Delray Beach to Lorenzo and Hester Strainge and is the youngest of five children (Lawrence, Dorothy, Samuel and Gloria, who is deceased). In 1968 she married Carl James Carter, Jr. Although they did not have children, she helped raise her nephew Philip as her own; and WHEREAS, she attended school at S.D. Spady Elementary, Carver High School and graduated with a Bachelor of Science Degree with a Major in Science from Barber-Scotia College in Concord, North Carolina, she also attended Florida Atlantic University; and WHEREAS, Mrs. Carter began her teaching career during a volatile time in 1965 at S.D. Spady Elementary; after her first year, she was one of two blacks reassigned to Addison-Mizner Elementary in Boca Raton to integrate staff in 196'7; and WHEREAS, she taught at Addison-Mizner Elementary for z1 years, during which time Mrs.Carter served on the Southern Association of Colleges and Schools for the acereditation and review of schools in St. Lucie County; she transferred to Carver Middle School for two years where she started adrop-out prevention program; then, Omni Middle School where she worked until she retired in 1999; and WHEREAS, in 1974, Mrs. Carter started tutoring neighborhood children in her home. She eventually moved to her uncle's garage as well as a large room at the police substation on 1z~ Avenue to support the growing group as the program gained more publicity, hence inaugurating SMART (Spelling, Math, And Reading Tutoring); and WHEREAS, Mrs. Carter applied for and received a small grant from Children Services Council of Palm Beach County in 1993 and relocated her growing program to the Masonic Building where it was divided into two groups, Elementary and Middle/High School; and WHEREAS, in 1997, SMART joined MAD DADS (Men Against Destruction, Defending Against Drugs and Social Disorder) of Greater Delray Beach and with the assistance of their staff, was incorporated and became Children Learning After School Session (C.L.A.S.S.) of Palm Beach County, Inc., which was made up of 1z people including retired and current teachers, high school students and retired employees ofthe school system; and WHEREAS, financial assistance from the School Board of Palm Beach County permitted C.L.A.S.S. to expand, benefiting students that attended the program with significant improvements in reading and math test scores, grades, students achieving honor roll and an increase in students going to college and graduating as a testament to its suceess. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf ofthe City Commission and the citizens of Delray Beach, do hereby extend our heartfelt thanks and appreciation to: ~R+4NC~S SrRtIING~ CtIRr~R and call upon all present to acknowledge and applaud her longtime outstanding and exemplary dedication, multitudinous contributions and accomplishments to the City of Delray Beach, its residents and her community. 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 5u' day of April, zon. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 6.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 DELRAY DIVAS STEP DANCE TEAMS PROCLAMATION ITEM BEFORE COMMISSION Proclamation recognizing the Delray Divas Step Teams for their representation of the City of Delray Beach Parks and Recreation Department at step shows throughout Florida. BACKGROUND The Delray Divas Step Teams welcome youth from Kindergarten through 12th grade to learn the unique dance tradition created by African American college students. In step dancing the body is used as an instrument to create intricate rhythms and sounds through a combination of footsteps, claps and spoken word. The anticipated result of this program is to provide the type of community based economic and social base necessary to create and maintain a support system for healthy youth development. The Delray Divas practice throughout the year and compete at many different venues in Florida. WHEREAS, the Delray Divas participated at the Park Vista High School Step Show on December 2, 2010 in Lake Worth, Florida; and WHEREAS, the Delray Divas participated at the Nova High School Step Show Extravaganza on January 21, 2011 in Davie, Florida; and WHEREAS, the Delray Divas participated at the Plantation High School Step Off Showcase on February 5, 2011in Plantation, Florida; and WHEREAS, the Delray Divas participated at the Palm Beach Central High School Step Show on February 12, 2011in Wellington, Florida; and WHEREAS, the Delray Divas participated at the Miramar High School Step Show on March 11, 2011in Miramar, Florida; and WHEREAS, the City of Delray Beach Baby Divas, Junior Divas, and Lady Divas advanced to the final round of the competition in their divisions: o The Baby Divas led by Coach Krystal Hull placed 1st in the Elementary School Division; o The Junior Divas led by Coach Chaquana Darrisaw placed 2nd in the Middle School Division; o The Lady Divas led by Coach Tia Renee Dotard won 1St place in the High School Division; NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby recognize and commend: ~f~ ~~L2~lY ~IV~IS ST`E~ T~~IMS for their representation of the City of Delray Beach Parks and Recreation Department and offer them congratulations on an outstanding job in the aforementioned Step Show Competitions in 2010 and 2011. 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 5th day of April, 2011. NELSONS. McDUFFIE MAYO R WHEREAS, in 2004, April was designated as National Financial Literacy Month by the passing of Senate Resolution 316 with unanimous consent; and WHEREAS, 49% of all adults are concemed that they have not paid enough attention to managing their finances as they should have and 48% are concemed they do not know enough about financial planning; and WHEREAS, 4 out of every 10 American markers are not saving for retirement and 30% of consumers report having no extra cash; malting it impossible to escape the burden of living paycheck to paycheck, and WHEREAS, financial stress leads to health problems, absenteeism, accidents, alcohol consumption, overeating, unhealthy emotions, lost sleep, sometimes tragedy and crisis; and WHEREAS, in April 2005, Congress urged President Bush to issue a proclamation calling on Federal Government, States, localities, schools, nonprofit organizations business and the people of the United States to observe the month with appropriate programs and activities; and WHEREAS, Consumer Credit Management Services, Inc (CCMS) founded in 1991 is a HCJD approved 501(c)(3) non-profit organization that provides financial literacy and empowerment through educational seminars, housing counseling, and credit counseling and WHEREAS, CCMS is conducting, at no cost to participants, the Delray Beach Operation: Money Makeover Contest in association with the City of Delray Beach, to officially kick off during National Financial Literacy Month and extend over the next 12 months; and WHEREAS, this program is intended to raise awareness of the importance of being "finanaally fit", to develop and encourage a more firttnaally fit Delray Beach community and help our local families and individuals reduce debt and increase savings and as a byproduct, improve credit scores; and WHEREAS, CCN1S will also provide related seminars and workshops over the next 12 months, all designed to promote better money management and encourage personal financial fitness to all citizens of Delray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayer of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim the month of April, 2011 as: NATIONAL FINANCIAL LITERACY MONTH in the City of Delray Beach, Florida, and call upon each citizen to take part in the Operation: Money Makeover as a }xirt of enmuragir~a rre~re °financially fit" atizevrry. IN WITNESS WHEREOF, I have hereunto set myhand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5"' day of April, 2011. NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/Public Information Officer THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 6.D. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 EARTH MONTH PROCLAMATION ITEM BEFORE COMMISSION Proclamation for the month of April 2011 as Earth Month acknowledging the City's commitment to conservation and sustainability. BACKGROUND This year marks the 41st anniversary of Earth Day, which provides the City with the opportunity to promote awareness for our environment that directly impacts the quality of life for all residents, businesses, and visitors in Delray Beach. Increased awareness of environmental and sustainability issues will continue to make our community a better place to live, work, and play. In an effort to raise awareness, Staff is requesting that the City Commission designate the entire month of April 2011 to celebrate the City's demonstrated commitment to creating a healthier environment while achieving significant cost reductions. Throughout Earth Month, the community is invited to participate in various "green-themed" activities and events, including: Green Ribbon Cutting, Pompey Park, April 6th 7:I5 pm This Green Ribbon Cutting Ceremony will unveil the new Pompey Park outdoor athletic field lighting and solar-powered trash compactors.The "Green" Lighting Project at Pompey Park, 1101 NW 2nd Street, is a sustainable initiative that was funded with federal grant dollars through the American Recovery and Reinvestment Act of 2009 Energy Efficiency and Conservation Block Grant (EECBG). This project replaced 116 lighting fixtures with 82 new, green fixtures and is expected to result in $15,000 to $20,000 in energy and maintenance cost savings annually (and more than $300,000 over a twenty year period). The solar-powered trash compactors, funded through a private contribution from Waste Management Inc. of Florida, will help to reduce greenhouse gas emissions and maintenance costs that will lead to improved City services. "EARTH DAY ON THE AVENUE, "Saturday, April 9th 7 am to 5 pm This all-day free, family friendly event, which is hosted by the City of Delray Beach, welcomes people of all ages to enjoy fun activities and special celebrations, including: The Great American Beach Cleanup, Sandoway House, April 9th 7:00 to 9:00 am Sponsored by the Sandoway House Nature Center at the City's Municipal Beach, volunteers will participate in the nation's largest community improvement program to collect trash and debris in an effort to promote a cleaner and safer City beach. The Delray GreenMarket, April 9th 8:00 am to I:00 pm Shop at an open air marketplace for fresh produce, vegetables, flowers and more, located on SE 4th Avenue just south of Atlantic Avenue "Earth Day on the Avenue'; Old School Square Park, April 9th 9:00 to II:00 am Located on Atlantic Avenue (east of the Old School Square Cultural Arts Center), this kid friendly event will include Planting with the Mayor, Environmental Storytelling & Music, Buttons the Clown Goes Green, Marine & Land Animal Encounter & Awareness, Recycled Art Projects & Activities, Alternative & Eco-Friendly Transportation Rides, Water Resources Preservation, Grow & Go -Take Home a Sunflower, Locally Grown Fresh Fruit, Healthy Snacks and Refreshments, Prizes and Giveaways. "Shopping on the Avenue'; April 9th IO am to 5 pm Visit Downtown's trendy boutiques, unique shops and gourmet restaurants & cafes and receive an environmentally friendly reusable tote bag. WHEREAS, it is very important that we as a City set aside a month for environmental and sustainability awareness; and WHEREAS, all people should be aware of the protection of the environment for the future of human, animal and plant life; and WHEREAS, as a result of environmental and sustainability awareness many laws, policies and regulations have been created to protect our air, land water and species; and WHEREAS, our environment directly impacts the quality of life for all residents, businesses, and visitors in Delray Beach and an increased awareness of these issues will continue to make our community a better place to live, ~rh and play; and WHEREAS, the month of April provides the perfect time to raise and promote awareness of and conversation about the Cit~s environmental and sustainability efforts. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mater of the City of Delray Beach, Florida, on behalf of the City Commissior~ do hereby proclaim the month of April as: EARTH MONTH in Delray Beach and urge all citizens to participate and assist with raising environmental awareness. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 5~ day of April, 2011. NELSON S. McDUFFIE MAYOR GREAT AMERICAN BEACH CLEAN UP at Sandoway House Nature Center 7 - 9 a.m. Registration Begins at 7 a.m. in Sandoway Park Free T-Shirt and Hat Upon Registration DELRAY BEACH GREEN MARKET 8 a.m. - 1 p.m. SE 4th Ave. • 561.276.7511 EARTH DAY ON THE AVENUE 9 - 11 a.m. Old School Square Park Atlantic Ave. NE 2nd Ave. • 561.243.7138 mydelraybeach.com • Earth Month Proclamation • Planting with the Mayor • Environmental Storytelling b~ Music • Buttons the Clown Goes Green • Recycled Art Projects • Alternative Eco Friendly Transportation • Animal Awareness with live animals -marine and land 0 1`~~~1`'Y-~~. ~~ ~TAT'URE C~l~TER 142 S Ocean Blvd. • 561.274.7263 ,~ Petting Zoo, Music and Local Fruit! • Water Resources Preservation • Grow b~ Go -Take Home A Sunflower • Taste Locally Grown Fresh Fruit b~ Veggies • Healthy Refreshments • Prizes b~ Giveaways SHOI~I~ING ON THE AVENUE ~} DOWNTOWN 10 a. m. - 5 p. m • DEVELOPMENT (561) 243-1077 AUTHORITY M City of Delray Beach, Florida Downtown DelrayBeach.com Live the Delray Life Make a purchase at our participating downtown merchants and receive a reusable shopping tote. SAl1tSe1lt111P,.1 F ',+~,~ wwsRe mwmami~~merxr ~ ~ ' Tkrhq Care of~arinev ~~~PV~K N rue~udV 6'~ACM _„„~~~"""~~"'~ L LIB eNRV MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 7.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 BEACH PROPERTY OWNERS' ASSOCIATION BPOA) PRESENTATION ITEM BEFORE COMMISSION Beach Property Owners' Association will present a check in the amount of $34,990.00 to City Commission for helping to fund rebuilding of the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard. BACKGROUND On November 7, 2009, the City of Delray Beach, the Community Redevelopment Agency, and the Beach Property Owners' Association sponsored a charrette to help develop a Beach Area Master Plan. The charette provided attendees with an opportunity to examine, discuss and make recommendations regarding various aspects of the Beach area, including, but not limited to sidewalks, lighting, landscaping, public parks, public amenities and other streetscape issues along Ocean Boulevard/AlA. The overall goal of the charette was to create a Master Plan to improve and enhance the look of Delray Beach. Over the past two years the Beach Property Owners' have worked with the Commission and members of city staff, to adopt and begin implementing the Beach Area Master Plan. Through several meetings and discussions a time line was developed to determine the top priorities. On March 10, 2011, the Beach Property Owners' Association hosted afund-raising event called "Delray's Got Talent" to kick-off the fundraising efforts towards the rebuilding of the Pavilion at the intersection of Atlantic Avenue and Ocean Boulevard. The concert, emceed by Mayor McDuffie, offered seven bands which typically play at restaurants around Delray Beach which cost $100 to attend. There were also many local businesses and generous patrons who made addtional donations to help with the kick-off. All these proceeds will go toward the $150,000 to $250,000 estimated cost to tear down and rebuild the main beach pavilion at AlA and Atlantic Avenue. This check presented this evening to City Commission will represent the beginning of the revitalization of Delray's Municipal Beach. `l 0 U 0 tr- Q ~ v O v Q,. 0 ~~ ~~ ~- ~~ l~. ` ,, ~..: ~r ~;` I ,. ; .' f ~ ~ ~, ~ ~, _ .~~.} ~~ :3 U ~n' mW W N, ~ ~~i ~ C ~ ~ v ~ r.- ~ ~ ti ~ ~' v ti L7 ° ~" ~ o ~-- ~ ~, ~ ~ p ~ u ~ ~ ~ u ~ ~_ O N 4~ V MEMORANDUM TO: Mayor and City Commissioners FROM: Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 7.C. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 DELRAY BEACH MUNICIPAL MARINA AS A CLEAN MARINA DESIGNATION ITEM BEFORE COMMISSION Recognizing the City of Delray Beach Municipal Marina as a Clean Marina, to be presented by William R, Richards, Department of Environmental Protection Clean Marina Coordinator. BACKGROUND Designation of the Delray Beach Municipal Marina as a Clean Marina lets boaters know that the City has met criteria which includes Marina Environmental Measures (MEMs) and Best Management Practuces (BMPs). MEMs and BMPs are simple, innovative solutions to day-to-day marina, boatyard and marine operations that protect the environment. The City of Delray Beach achieved this designation through the use of a checklist provided by the Florida Department of Environmental Protection. The checklist included standards and procedures for prompt and appropriate correction of any violations that may occur if corrective actions need to take place. Criteria which needed to be met included: Emergency "Panic" file on site, Fuel Spill, Hurricane Preparedness, Solid Waste, Boat Cleaning, Soiled Rags and Stromwater Management. Delray Beach Municpal Marina will be the 228th Clean Marina in the state, the 60th marina in the Southeast District and the 18th marina in Palm Beach County to achieve designation. ~} f i }~ ~ i Florida Department of Environmental Protection's Clean Marina Program & The Clean Boating Partnership announce the designation of Delray Beach Municipal Marina as a Clean Marina Delray Beach Municipal Marina wi11 be the 228 Clean Marina in the state, the 60~ marina in the Southeast District and the 18~ marina in Palm Beach County to achieve designation. It adds 24 wet slips to the Clean Marina community. Congratulations to Alberta Gaum and the staff at Delray Beach Municipal Marina for their hard work in obtaining this designation. Special thanks to the review team of BiII Richards, DEP Clean Marina Coordinator; Alyssa Freeman, Executive Director, Marine Industries Assaciation of Palm Beach County; and Otto Spielbichler, United States Coast Guard Auxiliary. o94~E'~h~ ~_, ,?~ ~~'' 4 -- 1, f MEMORANDUM TO: Mayor and City Commissioners FROM: Danielle Connor, Acting Fire-Rescue Chief THROUGH: David T. Harden, City Manager DATE: March 22, 2011 SUBJECT: AGENDA ITEM 7.D. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ADVANCED LIFE SUPPORT (ALS) TEAM CHAMPIONSHIP PLAQUE PRESENTATION ITEM BEFORE COMMISSION This item is before the Commission for presentation of the plaque that the ALS Team won at the Fire Rescue East ALS competition in January. BACKGROUND At the January 2011 Florida Fire Chiefs Association annual meeting and conference, the Delray Beach Fire-Rescue Advanced Life Support (ALS) team competed in the Fire Rescue East ALS competition. The competition, held annually, challenges ALS teams to manage complicated scenarios that are based on real life, with limited resources and under time constraints. Each year, the competition is broken up into a preliminary and a final scenario on consecutive days. This year, the Delray Beach ALS Team placed 2nd in the prelims, moving on to win I st place in the final scenario. The preliminary scenario involved treating an elderly couple who had subtle but very life threatening injuries, and also included recognizing an elderly abuse situation. The final involved a scenario based inside a mock airport which included bomb sniffing dogs, airline personnel and the TSA, all amid the bustle of scores of passengers who were boarding/ disembarking from aircraft. The teams, which consisted of only 3 personnel, were called on to treat a cardiac arrest, an abdominal aortic aneurysm, an ectopic pregnancy, and 6 cases of food-borne illness. As treatment was being rendered the airport fell victim to an attempted terrorist bombing which required the joint effort and coordination of patient care by the ALS Team with law enforcement and TSA procedures. Ultimately, the teams were all judged based on real time patient care, and overall management of resources and cooperation with law enforcement entities. This scenario presented a real life look at the goal of coordinated homeland security efforts to maximize public safety, while delivering the highest quality EMS care. Team members: PM Jimmy Bradford PM Joey Cafone PM Rich Tarantino PM David Garcia MEMORANDUM TO: Mayor and City Commissioners FROM: Trade M. Lutchmansingh, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 REQUEST FOR SIDEWALK DEFERRAL/302 N.E. 7TH AVENUE ITEM BEFORE COMMISSION The item before Commission is consideration of a sidewalk deferral along N.E. 3rd Street for property located at 302 N.E. 7th Avenue. BACKGROUND Currently, there are no plans to install a sidewalk along N.E. 3rd Street. The sidewalk deferral was supported at the March 10, 2011 DSMG meeting. While the most recent aerial indicates that there is no sidewalk on NE 7th Avenue across this property, the attached recent photo verifies the existence of the sidewalk on NE 7th Avenue. RECOMMENDATION Staff rcommends approval. Prepared By: RETURN TO: R. Brian Shutt, Escl. City Attorney`s O#~ice 200 N.W. 1st Avenue Delray Beach, Florida 33444 SIDEWALK DEFERRAL AGREEMENT THIS AGREEMENT entered into this day of ~~ ~ , 2411, between the ~- •> City of Deh•ay Beach {hereinafter the "City") and ~'`~"` ~r.€~ ~~ ., {hereinafter the "Owners"), for the purpose of deferring the requirement of the installation of a ~ ~> . sidewalk along t~~'~`~-'~ until such time as the City requests the construction of the sidewalk by the Owuez•. WHEREAS, Land Development Regulation Section G.1.3{C) requires the installation of a sidewalk, tivithin the ~ • '~- . ~ ~~-~ ~ tight-of--«fay in~n~ediately abutting the subject property, by the O~vnet• prior to the issuance of a certificate of occupancy; acid, WHEREAS, the Owners have requested a defert•al from the regttiretnent of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1,3(D){1){b); and WHEREAS, in order to provide confort~ity along the street the City Conln~ission voted to waive the requiremenk for the installation of a sidewalk until such tine as the City requests the Owner construct the sidewalk, WITNESSETH: NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to defer the requirement for the installation of a sidewalk, at this time, for the property located at: `~ ~ 1. The Owner agrees to construct a sidewalk, at its sole cost aizd expense, along the • ~- . ~ ~- ~~~- ~-~ right-of way abutting the subject prapea•ty, within a time period that is acceptable to the City, after being requested to do so by tlae Cite. The sidewalk, when constructed, shall meet all of the current ordinances of Elie City of Delray Beach. 2. It is the intent of the parties that tlfis Agreement shall run ~vitli the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties' legal representatives, heirs, successors and assigns. IN WITNESS WHEREOI+', the parties to this agreement set their hands and seals this day of ___ __ , 201 I . ATTEST; City Clerk Approved as to Form and Sufficiency: City Attorney CITY pF DELRAY BEACH, FLORIDA By; Nelson S. McDuffie, IVlayor 2 WITNESSES: (Please type or print name) ~.__ g. (Please type or print name} STATE OF _ G~~' f ~ ~_ COUNTY OF -~~C, ~ ~~C~~~ OWNER The foregoing instrument Evas aekEiowledged before me this / / ~~ day of ~~1~~~ , 20l 1, by ~ {nan~~o-f,~~erso~~ ack~iowledging). of Notary Publie --State of p'lorida Print, Type, or Stamp Commissioned Name of Notary Public NDTAItYAUI3IdC ~~`` 'Personally Known---°-~°~ OR Produced Identification Type oT`"I~der tification Rroduced: „„ ~,,,, ,STATE DR FLORIDA William M. ~totse "'•..~,~....•`` Expires: NOV 14, 212 na~usn nee aTrnx~•rc son~~c co, zxa 3 ~ , ~.. Wal. ^ ~7 ,' a' 2 • r i~iAY y^~ ;: ' v~~`~ ~, ~.,~. ~ ~, ~ ~, 1iti y i.. ,~ ~'; ~ ~~ '~ ~r ~ ', ST. 17F . ~' ~r ~,~~.; >t ~. 4 ~ au:z +eF'.Ar~s ~~ ~' ~~~ i v' Ih r {', F u ~,r~2: k~ U k ~ ~~ t^ n ; h ~~ ~~~~. y ~ I I~~' I+ ~, ,~. ~ ' ~. _ v < < ~ v , r. ~ ~ , s~ r. ,. 3K r~r~-..:~";~ ~~; ~~ ~ ~~il Y ~", ~ .. f ' ^F ~ VA r , !d~}:fAN ~~ ~~ i' i4' t ~ ~~ ,I L , +4 f•`Y y} ~r ' FF ' ~~ ~. c "f ~i X1'`'7 "' + ~hr, -rte, a . ,;; '~"' Y~ r Na ~ ~~1_W-.TI' s~~, r ,~t . ,z ~, ~ _. _ ... i ~ ~ r + ~~+ ri ~ ' ,~ ., . ~ . ` 0~. ~i '' ''111 ~~ ~ /~~~ f ~~~ 'S ~ '~~ ~ ~'3i +° r~ y ~ jr 4 ~~ R~ ~~, NE 3RD ST., ~ M1 ` ~ ~ r xa#s1~iM~ 'Sfi't~':r ~ t~ ~ ~~ ~ It ~ ~'2i ~ ~ ~ t - rf t..~i. h .,~ Iln s _. f ~~ ~ 7 r~ ', ~ ~' y ~ .~ . , n 7 + I ,., ~S t ~ y'[~ ~ ~r ~". d , ~ J r ~ %` `T a yy ti b'~s 1 , ~~ ~ . ~,~ n qR i ~, , y' ~~. s..::v •. ` y Swrr~ d miff- " y~.~ ay ~~ ~~ is ~ ,~ u, ~ . ~; '..~ ""+K~f'r,~M' ~ dt i~k , .. n% ~ ~LL •* ~* T r~l ~~ 1 ~~* [,. ,,:tom i~ ','~~, Y~ ~' ~ _, ''` ~~= : ~ , a , , _ ~~ ~ ~ '`~~ ~ ` ~ ~~, <~~` ~ ,, ~:y' 1,~...rM.. '~ ,~ ., kj i:^ ~ N.. s-"~ ~~ ~ ice. ~ ,~ .l~~y~~~ ~~~ a. '~M d ~ F+' PI~'i~(~ ~ i~ k ~`~ h~ ~~~ ~ ~, ~~ ~~~ i '~?y,~ ~~ m `~~ ~, r t i~,y Ef. a. w.. c i +y, #1 I:. aA ~ ~~, ,,.-r r -. it ~ r.-;~ ~ ;^~ .~. '~ `f ,~ Y ~~.~ .:. .*.t ~~ ti p. i ~ ~ ! ~`~ - ~ ~~ ,~. ~~~ ,, ,: I ~'.. ;, r, l; ~~' x ~ x ~ ~' CITY of DELRAY BEACH SIDEWALK DEFERRAL DATE:03/30/2011 ®g ENVIRONMENTAL SERVICES DEPARTMENT ®~ 434 BOViH BWNTON AVBIIUE, DELRAY BEACH, ROFIDA 39444 302 t'E 7TH AVE. TAC ID #502 1 of 1 .5' .. d7 ~: k 7i',i r. I ~~ k~ e~~~~~~il.:.:::~ ~' ~^; ~'.c VP ' ~ ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ACCEPTANCE OF RIGHT-OF-WAY DEEDS/TOTTERDALE TOWING SERVICE ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of two right-of-way deeds associated with Totterdale Towing Service located at Northeast corner of N.W. 18th Avenue and Marty Fladell Dr. (101 NW 18th Avenue). BACKGROUND On December 7, 2010, the City Commission approved a Conditional Use request to establish a towing service to be known as Totterdale Towing Service with an Outside Storage facility located at 101 NW 18th Avenue. At its meeting of March 23, 2011, the Site Plan Review and Appearance Board (SPRAB) approved a Class II site plan modification for the Totterdale Towing Service. This approval included reconfiguration of the public parking lot, demarcation of transfer areas for parking of 200 in- transit vehicles, exterior renovation of the existing 4,716 sq.ft. building located on the southeast side of the subject property, and installation of a dumpster and associated landscaping. The site plan modification approval was granted subject to the attached right-of-way dedications. These included: 1. A 25' r-o-w dedication along NW 1st street; and 2. A 25' to 60' r-o-w dedication along NW 18th Avenue. The two right-of-way deeds have been reviewed and approved by the City Attorney's Office for legal form and sufficiency. RECOMMENDATION By separate motion, accept the two (2) right-of-way deeds associated with the Totterdale Towing Service. This Instrument Prepared By: Michael B. Manes, Esq. 950 S. Pine Island Rd,, A15D Plantation, FL 33324 PIN # RI~l-IT-OF-W~IY ®MEED THIS INDENTURE, made this ~ ~~ay of ~~-~~L f 2011 between CASTLEWOOD DELRAY, LLC, a Florida limited liability company, 4000 SW 47t~' Ave., Davie, FL 33314, party of the first part, and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose post office address is 100 NW 1~ Ave., Delray Beach, Florida 33444, party of the secand part. WITN~SS~Tli: That the 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, quitclaim and convey unto the party of the secand 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 and 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 reverk and revest in the party of the first part or assigns, except that the easement for public utility purposes shah remain until released. That this right-of-way shall be subject only to those easements, restrictions and reservations of record. The party of the first part agrees to provide far the release of any and all mortgages or liens encumbering the 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. Porky of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of~way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors and assigns of the parties. TO F9AVE AN® TO HOL® THE SAME, together with a all and singular the appurtenances thereto belonging or in anywise incident or ap}~ertaining, and all the estate, right, title ,interest and claim whatsoever of the said party of the first part, in law or in equity to the only proper use ,benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signe ~,-sealed and delivered in t p ence of: ~ ~ i :r : .r._-- ............. .. Signature of Witness r'" Print ~ame of I Hess f ignature of Witness CASTLEWOOD DELRAY, LLC By Lawrence Danielle, Manager 40x0 SW 47th Ave. Davie, FL 33314 Print Name of Witness STATE OFF ORIDA ) COUNTY OF ~~ ) The f regoing instrument was acknowledged before me this .~~day of 2011 by Lawrence Danielle, as Manager of Castlewood Delray, LLC, who is .~. er II nown to me or who has produced as identification. NOTARY PUBLIC, STATE OF FLORI®A sign My commission expires: print ~Y'P "••. MtGMIRfI B. MANES ~~ MY COMMISSION ~ DD 748049 _~~ ~~ EXP[RES: January 19, 2012 Rf,~°C~ _ Banded Thnt Notary Pohlic llnde[wdters EXHIBIT "A" A PORTION OF LOT 5, pER THE UNFILED PLAT OF TOTTERDALE INDUSTRIES, LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND BEING MORE pARTICUARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH ONE-HALF (1/2} OF THE SOUTHEAST ONE-QUARTER (1/4) OF THE NORTHEAST ONE-QUARTER (1/4) OF THE SAID SECTION 18, HEREINAFTER KNOWN AS LINE 'A' AND THE WESTERLY LINE OF THE SEABOARD AIRLINE RAILROA©; THENCE WESTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 95.00 FEET TO THE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 25.00 FEET; THENCE WESTERLY ALONG A LINE 25.00 FEET NORTH OF, AND PARALLEL TO THE SAID LINE 'A', A DISTANCE OF 179.99 FEET; THENCE SOUTHERLY PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 25.00 FEET; THENCE EASTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 179.99 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING TN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 4,499.75 SQUARE FEET (0.10 ACRES) MORE OR LESS. ~ ~ ` GENERAL CONTRACTING•LIC #QB-OOI5G97 CONSULTANTS DESIGN / BUILD• CONSTRUCTION MANAGEMENT I N C . CONSULTING ENGINEERS• PLANNERS•SURVEYORS FROM CONCEPT LB #7024 TO ` 5230 SOUTII UNIVERSITX DRIVE, SUITE 104 rzw:Ar.rT Y DAME, FLORIbA 3332$ OFFICE: 954-680-6533 +FA7~:954-680-D323 -SKETCH AND DESCRIPTON- N[]TE: THIS IS NC1 7 A SURVEY, LIJ ~ LOT 5 j PER UNFILED PLAT OF Q TOTTERDALE IND USTRIES I,lo ~Fo ~ m Lt ~ . tb Q ~ a r 179.99' ~ ~ p 25' RIGHT-OF-WAY i ~ uj DEDICATION N ' N ~ 179.99 ~ ~ THE SOL1TlI LINE OF THE NORTH ONE-HALF (t/2) OF THE SWl'HEAST ONE-QUARTER (1/<) 9.5.D0' ~ O OF THE NORTHEAST ONE-QUARIEFt (T/<) OF SECTION 1& TQMNSHH' 4H SWTH. RAHGE 4] EAST. ~ Q S F N N.W. 1st STREET UNE A P.O.C. THE INTERSECTION OF THE SOUTH LINE DF THE NORTH ONE-HALF {1/2} OF THE SOUTHEAST ONE-IXIARTER (1/4} QF THE N~2THEA57 ONE-QUARTER (1/4) OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND THE WESTERLY LINE DF THE SEABOARD AIRLINE RAILROAD. DESCRIPTION: RIGHT-OF WAY DEDICATION A PORTION OF LOT 5, PER THE UNFlLED PLAT OF TOTTERDALE SURVEY NOTES: INDUSTRIES, LYING IN SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND BEING MORE PARTICUARLY DESCRIBED AS 1. THIS IS NOT A SURVEY. iT IS A SKETGH do DESCRIPTION OF FOLLOWS; THE LANDS AS SHOWN HEREON. COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE 2. NO FIELD WORK WAS PERFORMED IN RELATION TO THE NORTH ONE-HALF (1/2} OF THE SOUTHEAST ONE-QUARTER CREATION OF THIS SKETCW AND DESCRIPTION. (1/4) OF THE NORTHEAST ONE-QUARTER (1/4) OF THE SAID SECTION 18, HERE#NAFTER KNOWN AS LINE 'A' AND THE WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE WESTERLY ALONG THE SAIp UNE 'A', A DISTANCE OF 95.00 FEET TO THE POINT OF BEG€NNING; THENGE NORTHERLY LEGENq; PARALLEL TO THE SAID WESTERLY UNE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE DF 25.00 FEET; THENCE P.O.C. -POINT of COMMENCEMENT WESTERLY ALONG A LINE 25A0 FEET NORTH OF, AND P,O.B. -- POINT OF BEGINNING PARALLEL TO THE SAID LINE 'A', A DISTANCE 4F 179.99 FEET; TFIENCE SOUTHERLY PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 25.OD FEET; TFIENCE EASTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 179.99 FEET TO THE PD1NT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN THE CITY 4F DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 4,499.75 SQUARE FEET (O.tO ACRES) MORE OR LESS. ///r l SPARED ~ NDT VAL]D WITHCIUT THE SIGNATURE TROY N. 41NSEND AND THE -RIGINAL RAISED SEAL ^F A FLORIDA LICENSED SURVEYOR AND MAPPER. PR-FES I-NP.L SlJRVL E1R AND MAPPER N-. LS 6425 THE SURVEY DEPICTED HEREON IS NDT O-VERED STATE -F FL-RIDA BY PR-FESSI-NRL LIABILTY INSURANCE. SHEET 1 ^F I UPDATES / REVISIONS DATE BY CHIC'D NOTES THE UNDERSIGNED RND PILLAR C0.NSULTANTS, INC. RAKE ND REPRESENTATIONS OR GUARANTEES AS TD THE CgHPLETENESS DF THE INFORMATION REFLECTED HEREON PERTAINING TO EASEMENTS, RIGHTS-~-WAY, SET-BACK LINES, RESERVATILWS, AGREEMENTS DR OTHER MATTERS DF RECT]RD. THIS 1NSTRURENT 4S INTENDED TO REFLECT DR SET FORTH ONLY THOSE ITEMS SHgWN ]N THE REFERENCES AHOVE. PILLAR CONSULTANT, INC. HIH NLTT RESEARCH THE PUBLIC RECORDS FflR MATTERS AFFECTING THE LANDS SHOWN. NOTES THIS INSTRUMENT IS THE PROPERTY OF PILLAR CONSULTANTS, INC. MAPPING, INC. AND SHALL NOT BE REPRODUCED IN WHOLE OR IN PART WIFFKIUT WRITTEN PERMISSION OF PILLAR CONSULTANTS, INC. Job No,~ 100D5 brawn Bye T.N.T. Checked Bye TNT Scnle~ NDT T- SCALE This Instrument Prepared By: Michael B. Manes, Esq. 950 5. Pine Island Rd., A150 Plantation, FL 33324 PIN # RIGHT-OFrWAY DEED THIS INDENTURE, made this ~ `day of ~ ~~~ ~', , 2011 between CASTLEWOOD DELRAY, LLC, a Florida limited liability company, 4000 SW 47t~' Ave., Davie, FL 33314, party of the first part, and CITY OF DELRAY BEACH, FLORIDA, a Florida municipal corporation, whose post office address is 100 NW isr Ave., Delray Beach, Florida 33444, party of the second part. WITNESSETH: That the 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, quitclaim and convey unto the party of the second part, its successnrs and assigns, ail right, title, interest, claim and demand which the party of the first part has in and to the following-described land, situate, Eying and being in the County of palm Beach, State of Florida, to wit: See Exhibit "A" attached hereto. This Deed is made far the purpose of giving and .granting to the party of the second part, its successors and 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 candltion that should the same ever be discontinued or abandoned as a public highway ar street, the title to same shall thereupon revert and revert 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 reservations of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering the right-of-way. The party of the first park also agrees to erect no building or effect any other kind of construction or improvements upon the abave- described property. Party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. Claimed by, through or under it, that it has good right and lawful authority to grant the above-described right-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors and assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with a all and singular the appurtenances thereto belonging or in anywise incident or appertaining, and all the estate, right, title ,interest and claim whatsoever of the said party of the first part, in law or in equity to the only proper use ,benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. Signed, sealed a e ivered in the o . Signs ure of Witness ~~- .. ~ ~ ~.:- Print me of Witness ignature of Witness 1~ LCf~~-~ ~- ~ ~ v~ Print Name of Witness Davie, FL 33314 STATE OF FLORIDA ) COUNTY OF~~y ~r,L~ ) n, The foregoing instrument was acknowledged before me this ~ day of l~t~,U`~~ 20_11 _ by Lawrence Danielle, as Manager of Castlewood Delray, LI_C, who is ersonall known to me or who has produced as identification. NOTARY PUBLIC, STATE OF FLORIDA I sign ~°_'___.s- My commission expires: print a n,~.., ~s~ I~ICw~ a. Mill`s MY COMMI551CN # DD 748049 7• ~= EXPIRf:5: ,ianuary 19, 2012 ~;}~';.` Bpndedfitu~totasyPu6ficElnda~wrllens DESCRIPTION: RIGHT-OF WAY DEDICATION A PORTION OF AN EASEMENT FOR INGRI=SS/EGRESS, AS RECORDED !N OFFICIAL RECORDS BOOK 23883, PAGE 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, LYING IN THE NORTH ONE-HALF (1 /2) OF THE SOUTHEAST ONE-QUARTI=R (1 /4) OF THE NORTHEAST ONE--QUARTER (1 /4} OF SECTION 18, TOWNSHIP 46 50UTH, RANGE 43 EAST AND BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE 50UTH LINE OF THE SAID NORTH ONE-HALF (1 /2} OF THE SOUTHEAST ONE-QUARTER {1 /4) OF THE NORTHEAST ONE-QUARTER (1 /4) OF THE SAID SECTION 18> HIwREINAFTER KNOWN AS LINE 'A', AND THE WESTERLY LfNE OF THE SEABOARD AIRLINE RAILROAD; Tl-IENCE WESTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 275.00 FEET TO THE POINT OF BEGINNING; THE=NCE CONTINUE WESTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 60.00 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AfRLINE RAILROAD, A DISTANCE OF 425.00 FEET; THENCE EASTERLY, PARALLEL TO THE SAID LINE 'A', A DISTANCE OF 35.00 FEET; THENCE NORTHERLY, PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A QISTANCE OF 790.00 FEET; THENCE EASTERLY PARALLEL TO THE SAID LINE 'A', A DISTANCE OF 25.00 FEET, MORE OR LESS, TO A POINT ON A LINE PARALLEL T0, AND 275.00 FEET WESTERLY FROM, A5 MEASUREp AT RIGHT ANGLES, THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG THE SAID PARALLEL UNE, A DISTANCE DF 1,215.00 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. CONTAINING 45,250 SQUARE FEET (1.04 ACRES} MORE OR LESS. ~ ~ _ ~ GENERAL CONTRACTING•LIC #QB-0015697 CONSULTANTS DESIGN 1 BUILD•CONSTRITCTION MANAGEMENT IN C . CONSULTING ENGINEI;RS•PI.ANNF.RS•SURVEYORS FROM CONCECf - LB #7024 'ro 5230 SOUTH UNIVERSITY bI21VE, SUITE 104 R~'~ DAViE, FLORIDA 33328 OFFICE: 954-680-6533 •FAX:954-680-0323 SKETCH AND DESCRIPTIDN- NEITEI THIS IS N17T A SURVEY, 25.00 DESCRIPTION: RIGHT-OF WAY DEDICATION A PORTION OF AN EASEMENT FDR INGRESS/EGRESS, AS RECORDED iN OFFICIAL RECORDS BOOK 23863, PAGE 206, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA, LYING IN THE NORTH DNE-HALF (1/2) DF THE SOUTHEAST ONE-QUARTER (1/4) OF THE NORTHEAST ONE--QUARTER {1 /4) OF SECTION 38, TOWNSHIP 46 SOUTH, RANGE 43 EAST AND BEING MORE PARTICUARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE INTERSECTION OF THE SOUTH LINE OF THE SAID NORTH ONE-HALF (1 /2) OF THE SOUTHEAST ONE-RUARTER (1 /4) DF THE NORTHEAST ONE-QUARTER (1 /4) OF THE SAID SECTION 18, HEREINAFTER KNOWN AS LINE 'A', AND THE WESTERLY LINE OF THE 5EAHDARD AIRLINE RAILROAD; THENCE WESTERLY ALONG THE SAID LINE 'A', A DISTANCE OF 275.OD FEET TO THE POINT OF BEGINNING; THENCE CONTINUE WESTERLY ALONG THE SAID LINE 'A', A DESTANCE DF 60.00 FEET; THENCE NORTHERLY PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A bISTANCE OF 425.00 FEET; THENCE EASTERLY, PARALLEL TO THE SAID LINE 'A', A DISTANCE OF 35.00 FEET; THENCE __._ --.., ` _ _ _ _ NORTHERLY, PARALLEL TO THE SAID WESTERLY LINE OF THE SEABOARD AIRLINE RAILROAD, A DISTANCE OF 79D.00 FEET; THENCE EASTERLY PARALLEL TO THE SAID LINE 'A', A DISTANCE OF 25.00 FEET, MORE OR LESS, TO A POINT ON A LINE PARALLEL T0, AND 275.00 FEET WESTERLY LOT 8 fROM, AS MEASURED AT RIGHT ANGLES, THE SAID WESTERLY LINE OF THE PER UNFILED PLAT OF SEABOARD AIRLINE RAILROAD; THENCE SOUTHERLY, ALONG THE SAID TDTTERDALE INDUSTRIES PARALLEL LINE, A DISTANCE OF 1,215.00 FEET TO THE POINT OF BEGINNING. ~ N SAID LANDS SITUATE LYING AND BEING IN THE CITY OF DELRAY BEACH, I-m """" - - - - --- - PALM BEACH COUNTY. FLORIDA. CONTAINING 45,250 S4UARE FEET {1.04 ~$ ACRES) MORE OR LESS. o ~ a LOT 7 ~ ~ PER UNFILED PLAT OF c i F TOTTERDALE INDUSTRIES ~q'SS~a SURVEY NOTES: a ~m a ~o i. THIS IS NOT A SURVEY. iT IS A SKETCH & DESCRIPTION ~u~y _ _ _ _.__ _ _ _ DF THE LANDS AS SHOWN HEREON. _a 2. NO FIELA WORK WAS PERFORMED IN RELATION TO THE O CREATION OF THIS SKETCH AND DESCRIPTION. o ~ ~ N ~ o LOT 6 ~ PER UNFILED PLAT OF W TOTTERDALE iNDUSTRlES ~ ~ Z z rc iy,i Q _,....`---- o 0 t LOT 5 PER UNFILED PLAT OF ~ LEGEND' ~ ~ TOTTERDALE INDUSTRIES ~ P,O.C, -PIXNT flF COMMENCEMENT .--~4.- ~ P.O.B. -PIXNT OP' BEGINNING O.R.B. - OFFlCIAL RECORDS BOIX( 3 A PORTION ~ ~ INGRE55/EGRE55 EASEMENT PG. - PAGE 'vs ~ P.B.C.R. -PALM BEACH COUNTY RECORDS Z 4.R.B. zass3. Paz m ~ P.B.C.R. 3 IJNE ~A~ YY 6iJ.00~ 85.40' 7 Inn Tlx44' OF F 1 2 P.O.B. ( / ) THE SOVTH ]JNE OF THE NORTH ONE-HAL THE SWTHEAST ONE-QUARTER (i/4} OF THE ~ NORTHEAST ONE-WARTER (I/4) OF SECTION 18. TOAFISHIP 46 SOUTH. RANGE ~.! EAST N.W. 1st STREET P.O.C, THE fNTER5ECT10N OF THE SWTH LINE OF THE NORTH ONE-HA1F (1/2) OF THE SOUTHEAST ONE-QUARTER (I/4) OF THE NORTHEAST OP1E-QUARTER (1/4) OF SECTION 18, TO+AMSHB' IBSOUTH, RANCE A3 EAST AND THE YYESTERLY UI~ OF T1;E SEABOARD AIRUNE RAILROAD. ` '~ .. ~ ~ " - SPAR Y= NOT VALID WITHOUT TH1= SIGNATURE TRpY ^WNSEND AND THE ^RIGINAL RAISED SEAL C]F A FLORIDA LICENSED SURVEYOR AND MAPPER, PRpFESSIDNAL SURVEYOR AND MAPPER NCI, LS 6425 THE SURVEY DEPICTED HEREON IS NOT GpVERED .STATE pF FL[7RIDA BY PROFESSIONAL LIABILTY INSURANCE. SHEET 1 DF I UPDATES /REVISIONS DATE BY CWK'D NOTES THE UNIIERSIGNED AND PILLAR CONSULTANTS, INC, MAKE ND REPRESENTATIONS OR GUARANTEES AS TD THE COMPLETENESS OF THE [NFORMAYION REFLECTED HEREON PERTAINING TD EASENEN7S, RIGHTS-OF-V AY, SET-BACK LINES, RE$ERVATIDNS, AGREEMENTS OR OTHER HATTERS OF RECORD. YWS YNSTRUMENT IS INTENDED TO REFLECT DR SET FURYH ONLY THOSE ITEMS SWOVN IN THE REFERENCES ABOVE. PILLAR CONSULTANTS, INC. 010 NOT RESEARCH TWE PUBLIC RECORDS FOR HATTERS AFFECTING THE LANDS SHOVN. NOTES TH15 INSTRUMENT IS THE PROPERTY Od- PILLAR CONSULTANTS, INC. FIAPPING, INC. AND SHALL NOT BE REPRODUCED 3N VHOLE OR 1N PART VITHDUT ' VR[TTEN PERNISS70N OF PILLAR CONSULTANTS, INC. Job Na.~ 1Dp05 Drawn Bye T.N.T. Checked Bye TNT Scale: NDT TI] SCALE MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 24, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 RESOLUTION NO. 11-11/ABANDONMENT OF A UTILITY EASEMENT ITEM BEFORE COMMISSION The request involves the abandonment of a 10' x 106' easement located on the property at 1020 South Vista Del Mar Drive, within Lot 17, Delray Beach Esplanade, according to the Plat thereof, recorded in Plat Book 18, Page 39 of the Public Records of Palm Beach County, Florida. BACKGROUND The subject property, located on the south side of South Vista Del Mar Drive, contains a 2,376 square foot one-story single family home constructed in 1963. The subject easement was dedicated by an Easement Deed (ORB 445, Page 448), recorded on December 24, 1959. Since the easement is not needed to service the property, the property owner is seeking its abandonment. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior 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. 11-ll to abandon a 10' x 106' easement dedicated via Easement Deed in OR Book 445, Page 448, of the Public Records of Palm Beach County, Florida, located at 1020 South Vista Del Mar Drive; 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. 11-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING AN EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 445, PAGE 448, AS MORE FULLY DESCRIBED IN EXHIBIT A . WHEREAS, the City of Delray Peach, Florida, received an application for abandonment of an easement dedicated by easement deed, as recorded in Official Records Pook 445, Page 448 of the Public Records of Palm Peach County, Florida, as more particularly described in Exhibit "A"; said easement being located on the property at 1020 South Vista Del Mar Drive, within Lot 17, Delray Peach Esplanade, according to the Plat thereof, recorded in Plat Book 18, Page 39 of the Public Records of Palm Peach 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 Peach, Floridai 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 Peach, 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 descnbed property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Peach to vacate and abandon said easement, as more particularly descnbed 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 detem-tined to vacate and abandon all right and interest it holds to the following real properly, more particularly descnbed as follows: See Exhibit A PASSED AND ADOPTED in regular session on the day of 2011. ATTEST: City MAYOR Clerk RES. NO. 11-11 I` 1 ~i 0 E`/H~p'T 6L A 97 LEGAL DESCRIPTION: THE EAST TEN FEET (10.0'} OF LOT 17 OF DELRAY BEACH ESPLANADE, ACCORDING TO THE PLAT THEREOF RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, IN PLAT BOOK 18, PAGE 39. E S. VISTA DEL MAR DRN - _ _ _ - ____ - -~-- - - 30.0' RIGHT OF WAY N.E. CORNER OF LOT 17 F.P.K. AND _ _-- ~- ~ ~DISKL6353--- ~_g5, '(( 165.32~P~ FOUND 5/8" (0.3'S,0.4'W)~ R 22135.00, ~ IRON ROD "O.S.O." L=4.17' TO P.R.C. J ~~ d~W ~_ ~ LOT 16 ~ ~ o Nw ~U +¢ A1= 90°02'25" (P) A2= 89°57'35" P PLAT'S P.0.6. LIMITS S.W. CORNER OF LOT 17 ~_ ~° LOT 17 ~~ I I I S. LINE OF -s', LOT 17 10.00'(D) , _-- Q 65.00'(P} o PORTION OF LOT 25 L<, "OCEAN BREEZE ESTATE" (INCLUDED) (O. R.B. 445, PG. 448) 10' DRAINS, SEWERS, PIPES, LINES, MAINS AND ACCESSORY SERVICES EASEMENT DESCRIBED AS E. 10' OF U LOT 17, PLAT OF DELRAY BEACH ESPLANDE PER P.B. 18, PG. 39. ~ J CONTAINING+/-1,055 S.F/0.02422 ~ ~ ACRES ~ rn Q d o ° r- we F- cn ~; N L.L Q c ; ® r LOT 18 ~S.E. CORNER OF LOT 17 2' CONCRETE SEAWALL FOUND X-CUT ~ G5.OO~ ~ FOUND X-CUT IN SEAWALL IN SEAWALL 0,7' N, 1.0' N. INVOICE:163828 ~j~F~° 4 fF No. 2883 SKETCH & DESCR~TI~PTION PAGE 1 of 1 OF EAS~MEly 1 LB #7893 4 /HEREBYCERTIFYTHATTH/SBOUNDARYSURVEY ~° /SA TRUEAND CORRECT REPRESENTATION OFA ~ SURVEYPREPAREDUNDERMYDIRECTION. 3TA7E tlF P s NOT VALID WITHOUTANAUTHENTJCATED ELECTRONIC o n ~ ° o ~` SIGNATUREAND AUTHENTICATED ELECTRON/C SEAL, s. u a. ~ E ~ OR A RAISED EMBOSSED SEAL AND 3/GNATURE. (SIGNED) CL 3DE O. McNEAL, PROFESS/OVAL SURVEYOR AND MAPPER #2683 D=0°15'27" SURVEYIlVG, LLC SERVING ALL FLORIDA COUNTIES 6250 N. MILITARY TRAIL SUITE 102 WEST PALM BEACH, ~L 33407 FACSOIM ~~5{5~ ) 64080576 STATEWIDE PHONE 800) 226-4807 STATEWIDE FACSIMIL (800) 741-0576 Q W i- ~15T A DEL MAR DRIVE NORTH Q -~ MAR DRIVE SOUTH VISTA DES Q Q L---~ w O U z w Q Q ~- THOMAS z - w N STREET W W m Q W -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\~BMS\File-Cab\Z-LM 1001-1500\LM1246_1020 Vista del Mar ~~~'. N EASEMENT SUBJECT 1020 S VISTA DEL MAR \ ADANDONMENT PROPERTY . 1r ) ~ Q r___' ABANDONMENT EASEMENT PLANNING NING L J ~- DEPARTMENT LOCATION MAP r~~ ~~~ ;~~ SURVEY NOTES ASPHALT DRIVE CROSSING PROPERTY BOUNDARY ON NORTHERLY 51DE OF LOT THERE ARE FENCES NEAR THE BOUNDARY OF THI~ PROPERTY ~'~'~~:~~" ~ ~ - .. ..~ ~~S.. Vii STA± DE-~- - MA- R.- ~Rl ~E ~: - -' - - '~ ~ p ~ F.P.K. AND " ~~~~~, ~ .~N:E. CORNED OF L-07~ 17 ~ ~ - ~'~' •=~ ~ ~ .DISK L6353 .. - ..:. ~.. ... ~. ' . ~ ~-.. . ~ ~~23S.OO ~. ... .: .:•- ~~FC7UND.5,j{8" ~.. _. .. :.~ ..... - :. • ' ....(D.3'5,0.4'W} _ ~~~0'~2M .~C~~ ~ ~ '~ M 5 "IRO1~ ROD "O. S.O." -t . s6~J.~~ C" „ ' „ - - 27 d=0'15 :~: ~ / "M ~w-~: ' . . . .. r' (O. R. B. 445, PG. 448} L=4.17 °'_~ . TO P.R.C ~ rn:; ~= --.~ ~ ~ oa_ : -~ ~ 10' DRAINS, SEWERS, . ~ . . ~ j PIPES, LINES, MAINS . ~'"~ - ~.-. ~ AND ACCESSORY 3 10.0' ASPHALT ~ ~ SERVICES EASEMENT ~~ 17.4' ~'" DRIVE o ~ I '~ DESCRIBED A5 E. 10' ~~ ¢ FENCE 'r..= o ~ " ~ OF LOT 17, PLAT OF ~ .~ p 1.2'E LOi 17 ~ rn DELRAY BEACH ~ ~~ '~ o o ~~ ~ ESPLANDE PER P.B. \a ~ ` ~'~ N ~ _= M 1s.1' ' ' ~ ~ 3 ~, 18, PG. 39. ~ ~ CO .~.t~ ~ - ,~; _ NTAINING -1-/-1,055 ~ LOT 16 WALL- ~ N 11.8' FENCE ~ o S.F/0.02422 ACRES ir . 1 E ~' to 10. 1.8 W M _ FENCE ;: = ' BiJILDING ~- ~ I -LOT 18 0.3 W ~ i~..~ 1020 ' ° + FENCE ,~ ..fin. 1.2'W 0.0' I ... =:1 ~Q?- NO ACCESS 4~ • ~ • "~~ .28 7'~~~- 16.3' 10. I .,.,~~• ~= .~ P _ POLE DECK 5, 0' U.E.(P) P.O.B. 65.D0'(P) S.E. CORNER PLAT S. W. CORNER S. LINE OF LIMITS n LOT 17 ANCHOR ~ pF LOT 17 OF LOT 17 PORTION OF LOT 25 ;~ 2' CpNCRETE FENCE ~ "OCEAN BREEZE ESTATE" ~ FENCE SEAWALL 0.0'W 65.0' M INCLUDED 0 2'E B5.~' (w.c.=124.D'S) ~ (w.c.~1~D.2's} FOUND X---CUT WOOD FOUND X-CUT IN SEAWALL DOCK IN SEAWALL - A1= 90'02'25° (P) A2= 89°57'35" (P) INVOICE:163828 PAGE 2 OF 2 i9~ I F r ~ F ` ° " ` 9 BOUNDARY SURVEY LB #6135 ~. 9 ~~ r ~ ~' Na. 2883 ~ ~ ^ S T -(' ~{ SURVEYORS GERTIP'lCATE a d ~ a fL ~ ° w a. IHEREBYCEIZTIFYTHATTHISBOUNDARySURVEY SURVEY~G ITC ~ a° ISATRUEANDCORRECTREPRESFJVTATIONOFA . ~ ~' s s SURVEYPRFPARED UNDERMYD/RECTION. J ~, srar~oF r °~9 L Q R I n~ o~- NOTUALIDNRTHOUTANAUTHENTICATEl7ELECTRONIC SIGNATUREANDAUTHEN7TGATEDELECTRDNlCSEAL SERVING ALL FLORIDA COUNTIES ~ S U R V E , ORA RAISED EMBOSSED SEAL AND SIGNATURE: 6250 N. MILITARY TRAIL, StJITE 102 WEST PALM BEACH, FL 334D7 PHONE (561) 640800 (SIGNED) FACSIMILE {561) 640-p576 STATEWIDE PHONE (800) 226-4807 CLYDE O. McNEAL, PROFESSIp1W4L SURVEYORANDMAPPER#2883 STATEWIDE FACSIMILE (800) 741-0576 MEMORANDUM TO: Mayor and City Commissioners FROM: Catherine M. Kozol, Asst. City Attorney/Police Legal Advisor THROUGH: City Attorney DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 AGENCY ACCESS AGREEMENT/GULFSTREAM POLICE DEPARTMENT/SUNGARD PUBLIC SECTOR, INC. ITEM BEFORE COMMISSION This is an Agency Access Agreement between the City of Delray Beach, the Gulfstream Police Department and SunGard Public Sector Inc. BACKGROUND On June 29, 2010, the City of Delray Beach entered into a software license and services agreement as well as a software maintenance agreement with SunGard Public Sector Inc. for the use of their software. Further, on November 27, 2007, the Town of Gulfstream, FL entered into a communications agreement with the City of Delray Beach to obtain Police and Fire Dispatching and Communication Services from the City of Delray Beach. This Agency Access Agreement before the Commission between the City of Delray Beach, Gulfstream Police Department and SunGard Public Sector Inc. will allow Gulfstream Police Department limited right to use the software provided by SunGard to the City. This will allow for updated dispatching services for Gulfstream Police Department. RECOMMENDATION The City Attorney's Office recommends approval. AGENCY ACCESS AGREEMENT among City of Delray Beach, FL 100 NW 1 S` Ave. Delray Beach, FL 33444 and Gulf Stream Police Department, FL 246 Sea Road Gulf Stream, FL 33483 and SunGard Public Sectorlnc. 1000 Business Center Drive Lake Mary, FL 32746 City of Delray Beach, FL ("Licensee") and SunGard Public Sector Inc., ("SunGard Public Sector") entered into that Contract and Agreement dated June 29, 2010 ("Licensee Agreement"). Gulf Stream Police Department, FL ("Accessor") desires to obtain access to and a limited right of use from Licensee for certain software licensed by Licensee under the Licensee Agreement (the "Accessed Software"). In order that Accessor obtain such limited right of access and use, SunGard Public Sector, Licensee and Accessor are entering into this Agreement (the "Access Agreement"). Accordingly, the parties, intending to be legally bound, agree as follows: 1. Limited Ricaht of Access. SunGard Public Sector grants Licensee permission to allow Accessor to have access to Licensee's instance of the Accessed Software, subject to the terms, conditions and restrictions provided for in this Access Agreement The Accessed Software consists of the following: All Component Systems Licensed to Citv of Delray Beach. FL 2. Term. This Agency Access Agreement shall take effect upon signing and shall remain in full force and effect throughout the effective term of the Software Maintenance Agreement between SunGard Public Sector, Inc and the City of Delray Beach. 3. Right of Termination. SunGard Public Sector has right to terminate this Access Agreement, and accordingly, Accessor's access to the Accessed Software, upon any breach of this Access Agreement. To terminate this Access Agreement, SunGard Public Sector will provide notice of such breach to Licensee and Accessor (as appropriate), and the breaching party will have thirty (30) days from the date of such notice to cure such breach. If such breach is not cured to SunGard Public Sector's reasonable satisfaction by the expiration of such thirty (30) day period, then this Agreement will be deemed terminated at the expiration of such thirty (30}day period, and thereupon, Accessor's right to access the Accessed Software will be deemed terminated, without any further action by any party. The City of Delray Beach has the right to terminate this Access Agreement for any reason upon giving Accessor and SunGard Public Sector a thirty (30) day written notice of its right to terminate this Agreement. Upon the expiration of the thirty (30) day period, Accessor's right to access the Accessed Software will be deemed terminated. 4. Accessor Software Constitutes Confidential Information of SunGard Public Sector. Accessor acknowledges and agrees that Accessed Software constitutes confidential, proprietary information of SunGard Public Sector, and is and will remain the sole property of SunGard Public Sector. Accessor agrees that it shall not at any time sell, assign, transfer or otherwise make available to, or allow use by, a third party any of components of Accessed Software. Accessor shall hold in confidence the SunGard Public Sector proprietary information for its benefit and internal use only by its employees on a strict "need to knovW' basis. Page 1 of 2 5. Obligations of SunGard Public Sector. Right of Accessor Regarding Accessed Software Accessor's right to use the Accessed Software is derivative of Licensee's license to use the Accessor Software under the terms and conditions of the Licensee Agreement. SunGard Public Sector is not deemed to have granted Accessor any License to use the Accessor Software by virtue of this Access Agreement. Any such license can only be effected by the execution by Accessor and SunGard Public Sector of a definitive written software license agreement between SunGard Public Sector and Accessor that, by its express terms, purports to provide such a right of license to Accessor. SunGard Public Sector will have no obligations whatsoever to Accessor in connection with the Accessed Software. AS BETWEEN SUNGARD PUBLIC SECTOR AND ACCESSOR, THE ACCESSED SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS. SUNGARD PUBLIC SECTOR MAKES NO WARRANTIES WHATSOEVER TO ACCESSOR REGARDING THE ACCESSED SOFTWARE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND/OR FITNESS FOR A PARTICULAR PURPOSE. SUNGARD PUBLIC SECTOR WILL HAVE NO LIABILITY TO OR THROUGH ACCESSOR UNDER OR IN CONNECTION WITH THIS ACCESS AGREEMENT OR OTHERWISE IN CONNECTION WITH THE ACCESSED SOFTWARE, IN WHOLE OR IN PART. 6. Governing Law. This Agreement will be governed by and construed under the laws of the State of Florida, without reference to the choice of laws provisions thereof. If any provision of this Agreement is illegal or unenforceable, it will be deemed stricken from the Agreement and the remaining provisions of the Agreement will remain in full force and effect. 7. Integration Provision. This Access Agreement contains the entire understanding of the parties with respect to its subject matter, and supersedes and extinguishes all prior oral and written communications between the parties about its subject matter. No modification of this Access Agreement will be effective unless it is in writing, is signed by each party, and expressly provides that it amends this Agreement. CITY OF DELRAY BEACH, FL SUNGARD PUBLIC SECTOR INC. Authorized Signature Print Name & Title Date Approved as to Form and Legal Sufficiency: City Attorney GULF STREAM POLICE DEPARTMENT, FL Authorized Signature Print Name & Title Date Authorized Signature Print Name & Title Date Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 DISASTER RECOVERY INITIATIVE (DRI)/HOUSING REHABILITATION CONTRACT AWARD ITEM BEFORE COMMISSION Approval is requested for one (1) Housing Rehabilitation grant and bid 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 grant to be awarded to the lowest responsive bidder for the following project: ^ 124 SW 8th Court/Abisset Corporation/$24,433 =Total Rehab Cost: $25,504.71 Grant awards are based on the actual cost of the rehabilitation, as determined by the low responsive bidder, plus a 5% contingency. Included with 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 grant and bid for $25,504.71 to the low bidder, Abisset Corporation. CITY OF DELRAY BEACH NEIGHBORHOOD SERVICES DIVISION HOUSING REHABILITATION PROGRAM BID INFORMATION SHEET BID #: 04-2011 NS APPLICANT: Mary and Hector Espinoza PROJECT ADDRESS: 124 SW 8th Court DATE OF BID LETTERS: DATE OF BID OPENING November 12, 2010 December 9, 2010 GENERAL CONTRACTORS Abisset Corporation Benchmark Custom Builders Built Solid Construction, LLC Citywide Construction Services, Inc. CJ Contracting, LLC Cordoba Construction Co. DECON Environmental & Engineering, Inc. East Coast Restoration Gadsden Property Investment, Inc Haywood Construction Jemstone Construction Group, Inc. MacDonald Construction of Palm Beach Ray Graeve & Sons Construction, LLC South Florida Construction Services, Inc. Starmark Properties Sun Band Builders Construction, Inc. In-House Estimate Recommended Contractor: BID/CONTRACT AMOUNT 5% Contingency or $1,000, whichever is less BID AMOUNT BID BOND 23,433 .00 Yes 46,663 .00 Yes 26,610 .00 Yes 25,194 .00 Yes 29,400 .00 Yes 36,701 .00 No 30,010 .00 Yes 27,995 .00 Yes 35,849 .00 Yes $ 25,226.68 Abisset Corporation $ 23,433.00 $ 1,000.00 $ 24,433.00 Lead Inspection $ 325.00 Lead Treatment Not applicable Termite Inspection Termite Treatment $ 657.51 Recording Fees (Paid by City/CDBG) $ 89.20 Total Project Cost $ 25,504.71 Funding Source: Disaster Recover Initiative (DRI) Account # 118-1960-554-49.19 coMMENTS: Recommend awarding project to lowest bidder. 0 .~ .; y R V •~ ~ ~ ~ 0 0 ~ L ~ O LJJ ~ ~ a1 m .~ Z r U ~ .~- a m m ~ ~ ~ a~i a~i N > v ~ ~ Z ~ a 0 r z w w r ~ a w p ~ o ~ z a ~ w z e a w c a _z'o z c a o 3 c 0 0 'm o a m m J \ ~° Go~J s I ~gA°~`OJ `~S S E $Zo !IS S `OfO2 I HJjOI SGO y, i oGOS G°fJ~ ~o~°P y~OJ J T~Pa yP~ ~P~ ti°J`o ~°c O/P`O G°J OP~ G°~J~\ I °q `~'°J ~y !o°~`o~sa G~f~ a`~',ps'°P Is OIS° `J • ~~ d' 6~ ~a Gp °'G6 ~'~ ~J iJ~, b. 9~ o. J~~6 G~J~ IGg~ G~~~ o~ , ~s`oJso~!°S A J)j ~, v ofo2 fs oios~OJ 1~7 8 ~° ls~,~ ~°'0Io ~J 8 ~a 9 0 v c~'n 0 ~ 0 a~'i 0 °v_ 0 v 0 v crn `r° 0 °v_ ~ 0 °v_ ° ~ c°n v ci o v o ~ ~ ~ ° v can ci v °v °o v ~ v c.i _ _ _ o ~ o °o _ °v °o _ v _ ~ ~ v v can ° cyi ~i ° v a°~ r1Di v °v _ _ ~ v v ~ ~ _ v ~ ~ ~ _ _ v can _ v '~ can _ v ~ m v c~ o _ ~i ~ _ _ _ _ ti ~ ~; LL .~ ii -~ in w E z s ~ o' ~ x~ o ~ w _ a .~ z = ~ ~° ~ i a aNi m o = ~ in d ~ ~ U = ~ E° ~ ~ a ~ ~ te s ~ ~ ~ ~; - = °' ~ ~ 9 ~ z ~ ~ ~ ~ ~ ~ ° _ ~ ° w = U d w ~ ~ w d ~ ~ p d <n ~ ° ch v ~n ch v ~n ch v ~n d m ~ Z ~ 'm z in o MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 28, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT ITEM BEFORE COMMISSION Requesting Commission approvaUauthorization for Mayor to execute the National Pollutant Discharge Elimination System (NPDES) third term inter-local agreement with Northern Palm Beach County Improvement District (NPBCID). BACKGROUND On December 9, 1996, the United States Environmental Protection Agency (EPA) issued Permit No, FLS000018 (MS4 NPDES Permit) to 40 governmental entities designated as the Palm Beach County- Municipal Separate Storm Sewer System (MS4). Several years ago the EPA delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection (FDEP). FDEP's costs for administering the MS4 NPDES Permit are to be borne by the regulated entities. The MS4 NPDES Permit generally has a five year term and contains separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees. A seven member Steering Committee comprised of two representatives of large municipalities, two representatives of smaller municipalities, one representative of special districts, one representative from Palm Beach County and one from the Lead Permittee (NPBCID) was established to coordinate the joint activities required under the MS4 NPDES Permit, including recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit. The attached inter-local agreement covers the Third Term of the MS4 NPDES Permit and shall continue year to year, subject to the annual funding renewal process described in the agreement. This agreement will also be reviewed during the final year of the term of the permit. It should be noted that the second term of the permit was extended to eight years due to regulatory activities by FDEP affecting the permit requirements. The agreement may be cancelled with thirty (30) days notice. RECOMMENDATION Staff recommends approval. NPDES THIRD TERM PERMIT INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") is being entered into by and between NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, 359 Hiatt Drive, Palm Beach Gardens, Florida 33418 (hereinafter referred to as the "Lead Permittee"), and CITY OF DELRAY BEACH (hereinafter referred to as "the Co-Permittee"). WITNESSETH: WHEREAS, the United States Environmental Protection Agency (hereinafter referred to as "EPA") on the 9th day of December, 1996, issued its National Pollutant Discharge Elimination System ("NPDES") Permit No. FLS000018 (with it and all such subsequent permits being hereinafter referred to as the "MS4 NPDES Permit") to approximately forty (40) governmental entities designated as the Palm Beach County-Municipal Separate Storm Sewer System ("MS4") Permittees (hereinafter referred to j ointly as the "Permittees"); and WHEREAS, EPA has since delegated its regulatory and enforcement authority relating to the MS4 NPDES Permit to the Florida Department of Environmental Protection ("FDEP"); and WHEREAS, Section 403.0885, Florida Statutes, established the federally approved state NPDES Program; and WHEREAS, FDEP Rule 62-4.052, F.A.C., implemented an annual regulatory program and also set fees to effect the legislative intent that FDEP's costs for administering the NPDES Permit be borne by the regulated entities; and WHEREAS, at or before the expiration of each MS4 NPDES Permit, the Permittees must file a re-application to FDEP for renewal of the MS4 NPDES Permit for a subsequent term; and WHEREAS, the MS4 NPDES Permits granted by FDEP to the Permittees contain separate obligations and responsibilities for each individual Permittee, as well as obligations and responsibilities that may be performed jointly by the Permittees; and WHEREAS, due to the number of Permittees and the tasks that must be performed pursuant to each MS4 NPDES Permit, it would be more economically and administratively feasible to allocate duties, responsibilities, and costs associated with the MS4 NPDES Permits pursuant to individual interlocal agreements between each Co-Permittee and the Lead Permittee; and WHEREAS, the Permittees previously established a 7-member Steering Committee comprised of 2 representatives of large municipalities, 2 representatives of smaller municipalities, 1 representative of special districts, 1 representative from Palm Beach County, and the Lead Permittee, which Committee will continue to coordinate the joint activities required under the MS4 NPDES 1 Permit, including but not limited to recommending to the Lead Permittee retention of necessary consultants to execute each MS4 NPDES Permit; and WHEREAS, the parties hereto are authorized pursuant to Chapter 163, Part I, Florida Statutes, as amended, to enter into this Agreement and do hereby adopt, ratify and confirm the provisions and incorporation herein of Subparagraph (9), Section 163.01, Florida Statutes. NOW, THEREFORE, in accordance with Chapter 163, Part I, Florida Statutes, as amended, the undersigned parties, for and in consideration of the mutual benefits set forth herein, do hereby enter into this Agreement and represent, covenant, and agree with each other as follows: SECTION ONE REPRESENTATIONS 1.01. Recitals. The recitals and representations as set forth hereinabove are true and correct to the best of the knowledge of the parties and are incorporated herein by this reference. SECTION TWO DESIGNATION OF PARTIES 2.01. Lead Permittee. Northern Palm Beach County Improvement District is hereby designated as the Lead Permittee for the purposes of this Agreement and each MS4 NPDES Permit. 2.02. Co-Permittee. The City of Delray Beach is hereby designated as a Co-Permittee for the purposes of this Agreement and each MS4 NPDES Permit. SECTION THREE TERM OF AGREEMENT 3.01. Agreement Term. The term of this Agreement begins as of the date it is signed by the last of the parties, and shall continue from year to year, subject to the annual Funding Year (as hereinafter defined) renewal process set forth in following Section 3.03, unless otherwise terminated in accordance with other provisions of this Agreement. The parties to this Agreement shall undertake a mutual review of this Agreement during the final year of the term of each Permit. 3.02. Funding Year. The term "Funding Year" is defined as a fiscal year beginning on October 1 and ending on September 30. 3.03. Renewal. This Agreement shall be automatically renewed as of the beginning date of each Funding Year and continue in full force and effect from Funding Year to Funding Year, unless: (i) a party to this Agreement provides written notice ofnon-renewal to the other party at least thirty (30) days prior to the end of the then-current Funding Year, or (ii) the Agreement has been previously terminated as provided herein. 2 SECTION FOUR SCOPE OF WORK AND ALLOCATION OF DUTIES AND OBLIGATIONS 4.01. Allocation of Duties and Obligations (i) The Lead Permittee shall be responsible for those duties and obligations which are specifically identified and delineated in Exhibit "A" which is attached hereto and incorporated herein (the "Lead Permittee Services"). The Lead Permittee Services may be revised from time to time as required by the MS4 NPDES Permit. Any such revisions shall be agreed to in writing by the Co-Permittee and incorporated into Exhibit "A" and made a part of this Agreement. All revisions to Exhibit "A" shall be attached sequentially to the original Agreement so that all modifications to the Lead Permittee Services that occur over time may be determined. (ii) The Co-Permittee shall be responsible for such other duties and obligations which are specifically identified and delineated in Exhibit "B" which is attached hereto and incorporated herein. 4.02. Modifications to MS4 NPDES Permit In accordance with Section 403.067, Florida Statutes, NPDES permits must be consistent with the requirements of adopted TMDLs. A MS4 NPDES Permit may be reopened and revised during its term to adjust effluent limitations or monitoring requirements should future adopted TMDL, water quality studies, FDEP-approved changes in water quality standards, or other information show a need for a different limitation or monitoring requirement. It is understood and agreed that any other changes, modifications, revisions, or additions to the terms of the MS4 NPDES Permit made subsequent to the Effective Date of this Agreement are expressly excluded from and not a subject of this Agreement unless and until incorporated herein by written agreement of the parties. SECTION FIVE BUDGET AND FUNDING 5.01. Administrative Procedures. The procedures to be followed by the Lead Permittee regarding the collection, management and disbursement of the Co-Permittee payments are set forth in a resolution titled "Resolution of the Board of Supervisors of Northern Palm Beach County Improvement District Approving the NPDES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Resolution), which was adopted by the Lead Permittee, a copy of which is attached hereto as Exhibit `B." Section 2 of the Resolution incorporates by reference the "NDPES Steering Committee Administrative Procedures for Collection, Management and Disbursement of NPDES Interlocal Agreement Funds" (the "Procedures) which are incorporated into this Agreement and are to be followed by the parties to this Agreement. 3 The Resolution and the Procedures may be amended from time to time upon the approval of the NPDES Steering Committee and the Lead Permittee. However, the Co-Permittee shall be given a minimum of 60 days advance written notice of any proposed amendments to the Resolution or the Procedures, and shall be afforded the opportunity to offer comments to the Lead Permittee and/or the NPDES Steering Committee prior to any action being taken on said proposed amendments. Any amendment that is incorporated into this Agreement shall also be agreed to in writing by the Co- Permittee. 5.02. Annual Budget. Since this Agreement is anticipated to be renewed for a number of Funding Years, the parties acknowledge that it is not in their respective best interests to prof ect the potential costs the Lead Permittee may be required to incur for future Funding Years in order to carry out the Lead Permittee Services. Therefore, the parties agree to arrive at a mutually acceptable payment amount on a per Funding Year basis in order to more accurately calculate the amount that will be required to be paid by the Co-Permittee to the Lead Permittee for the provision of Lead Permittee Services during each Funding Year. 5.03. Prior Funding. The parties agree that any surplus funds previously paid by the Co- Permittee to the Lead Permittee pursuant to any prior interlocal agreement it has entered into with the Lead Permittee involving a MS4 NPDES Permit shall be applied to and used for the provision of Lead Permittee Services during the next Funding Year period. 5.04. First Funding Year Payment. In addition to the surplus funds referenced in Section 5.03 above, the parties agree that for the upcoming 2011/2012 Funding Year, the Co-Permittee has paid the Lead Permittee the sum of TWENTY-FOUR THOUSAND ONE HUNDRED FORTY- FIVE AND NO/100 ($24,145.00) DOLLARS, which sum represents payment of both the Lead Permittee's Services for the upcoming Funding Year of this Agreement and the ten percent (10%) Reserve Fund Contingency required pursuant to Section 5.05. 5.05. Reserve Continency. The parties acknowledge that each Funding Year payment will include a ten percent (10%) reserve fund contingency (the "Reserve Fund Contingency") for unexpected additional costs and expenses incurred in the preparation and implementation of a MS4 NPDES Permit. 5.06. Current Funding. The parties believe that the funding specified in above Section 5.04 will be sufficient to satisfy the current MS4 NPDES Permit requirements for the 2011/2012 Fiscal Year unless unexpected additional costs and expenses of the nature described in following Section 6.03 are incurred. 5.07. Future Funding Year Payments. The parties: (i) acknowledge that on or before January 31, 2011, the Lead Permittee provided a budget to the Steering Committee of the amount the Permittees will each be requested to pay during the next Funding Year, and (ii) agree that all subsequent Funding Year budget estimates will be provided on or about January 31st of each following year. The Lead Permittee and Co-Permittee shall have until July 31st of each year to arrive at a mutually acceptable dollar amount to be paid by the Co-Permittee to the Lead Permittee for the immediately upcoming Funding Year, which shall be paid pursuant to Section Six of this 4 Agreement. If the parties cannot agree upon a mutually acceptable dollar amount by the aforementioned deadline, this Agreement shall be deemed terminated unless otherwise agreed to in writing by and between the parties. 5.08. Final Funding Year of a MS4 NPDES Permit Term. It is assumed that during the last Funding Year of the term of each MS4 NPDES Permit, the Permittees and FDEP will commence to negotiate the provisions of the next MS4 NPDES Permit. As a result, allocation of the Scope of Services that are required to be provided hereunder may be modified. Due to this uncertainty, each party's duties and obligations hereunder, together with the funding process for provision of Lead Permittee Services, will be reexamined during the last Funding Year of the term of each MS4 NPDES Permit. 5.09. Separate Co-Permittee Expenses. In addition to the payments required to be paid by the Co-Permittee to the Lead Permittee pursuant to Sections 5.03 through 5.07, the Co-Permittee shall be responsible for all other costs and expenses relating to its individual duties and obligations under a MS4 NPDES Permit, including, but not limited to: (1) all costs of the Co-Permittee's preparation and submittal of such of its own individual annual report(s) that may be separately required by a MS4 NPDES Permit, (2) costs of all monitoring that may be the Co-Permittee's individual responsibility, (3) costs of gathering, compiling, coordinating, and submitting all necessary data that may be individually required ofthe Co-Permittee by a MS4 NPDES Permit, and (4) all other costs of carrying out any other individual responsibility of the Co-Permittee according to the requirements of a MS4 NPDES Permit. SECTION SIX PAYMENT PROCEDURE The Co-Permittee agrees to pay each of its Funding Year payments as follows: 6.01. First Funding Year. The First Funding Year payment for the current MS4 NPDES Permit Term will be paid in either a single lump sum payment on or before November 15, 2011 or in twelve (12) equal monthly installments commencing on October 15, 2011, and thereafter on the 15th day of each subsequent month during the First Funding Year (such payment dates being hereinafter referred to as "Payment Due Date(s)"). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co-Permittee, unless and until such time as the Procedures are amended to eliminate said alternate payment schedule. The initial Funding Year for all future MS4 NPDES Permits shall be referred as the First Funding Year. 6.02. Subsequent Funding Year Payments. Once a Funding Year payment amount has been agreed upon, the Co-Permittee may, at its option, pay the entire agreed-upon amount in a single lump sum on or before November 15 of that particular Funding Year, or in twelve (12) equal monthly installments commencing on October 15th of that Funding Year and thereafter on the 15th day of each subsequent month during that Funding Year (such payment dates also being hereinafter referred to as "Payment Due Date(s)"). In addition, an alternative payment schedule allowing for quarterly payments, pursuant to the Procedures found herein may be utilized by the Co-Permittee, unless and 5 until such time as the Procedures are amended to eliminate said alternate payment schedule. 6.03. Additional Costs. Since it is possible that following the parties' agreement as to a particular Funding Year's payment amount, unexpected additional costs and expenses may arise which will need to be paid in order for the Lead Permittee to carry out its Lead Permittee Services for that Funding Year, the parties agree as follows: (i) If the Lead Permittee determines that unexpected additional costs and expenses must be incurred in order for it to timely provide its Lead Permittee Services, the Lead Permittee shall promptly notify the Co-Permittee, in writing, of the nature and estimated amount of the Co-Permittee's allocable share of these unexpected additional costs and expenses, as well as the Lead Permittee's intent to draw down funds from the Co-Permittee's Reserve Fund Contingency in order to pay said Co-Permittee's allocable share of the unfunded and unexpected additional costs and expenses. (ii) If the Co-Permittee's allocable share of the unexpected additional costs and expenses exceeds the amount held in the Co-Permittee's Reserve Fund Contingency account, the Lead Permittee shall address the need for such excess amount in the above subparagraph (i) notice to the Co-Permittee. The Lead Permittee and Co-Permittee shall then attempt to negotiate a payment procedure for the unfunded and unexpected additional costs and expenses. (iii) If the Lead Permittee and Co-Permittee agree as to the need and amount of the unfunded and unexpected additional costs and expenses, their agreement shall be reduced to writing. The agreed upon unfunded and unexpected additional costs and expenses shall be paid either by a lump sum payment within thirty (30) days of their agreement in writing or divided by the remaining months of that particular Funding Year and paid to the Lead Permittee in equal monthly installments for the remainder of the subject Funding Year. (iv) If the Lead Permittee and Co-Permittee are not able to timely agree as to the need and/or amount of the unfunded and unexpected additional costs and expenses, the Lead Permittee may suspend or terminate this Agreement, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee. 6.04. Failure to Pay. Unless otherwise agreed to in writing by and between the parties hereto, if a Funding Year payment or agreed upon unfunded and unexpected additional costs and expenses payment is not timely paid within thirty (30) days of a Payment Due Date, the duties and obligations assumed by the Lead Permittee under the terms of this Agreement maybe suspended and/or terminated by the Lead Permittee, at its sole discretion, following the provision of thirty (30) days prior written notice to the Co-Permittee unless cured by the Co-Permittee by payment in full of the omitted payment within said thirty (30) day notice time period. SECTION SEVEN OPTION TO TERMINATE 7.01. Termination. Either party to this Agreement shall have the right to terminate this 6 Agreement at will and without cause, provided that the party wishing to terminate the Agreement must provide thirty (30) days prior written notice to the other party of said terminating party's decision to terminate this Agreement. Said termination shall not be effective until said thirty (30) day prior notice period has elapsed (the "Termination Date"). In addition to the aforementioned termination rights, the Agreement may be terminated as provided in Sections 5.07, 6.03(iv), and 6.04. 7.02. Effect of Termination. In the event of termination of this Agreement by the Co- Permittee, the Co-Permittee shall thereupon be individually and solely responsible for all requirements of the applicable MS4 NPDES Permit which are designated therein as the individual responsibility of said Co-Permittee. Thereafter, the Lead Permittee and otherPermittees shall notbe responsible for said terminating Co-Permittee's individual obligations under the applicable MS4 NPDES Permit. 7.03. Costs and Expenses. Irrespective of which party elects to terminate this Agreement or in the event of a failure to pay by the Co-Permittee to the Lead Permittee the amounts due under and pursuant to the terms of this Agreement, the parties agree that any costs and expenses previously incurred or obligated to be paid by the Lead Permittee as of the Termination Date shall still be due and owing and the right to collect said amount(s) shall survive termination of this Agreement. 7.04. Refunds. The parties acknowledge that the Lead Permittee anticipates entering into contracts with one or more consultants or contractors for the provision of services required in order for the Lead Permittee to provide some or all of its Lead Permittee Services. Since the Co- Permittee'spayments under this Agreement represent only a portion of what the Lead Permittee will have to pay its consultants and contractors for their services, the Co-Permittee will not be entitled to receive a refund from the Lead Permittee for any monies that the Co-Permittee has previously paid pursuant to this Agreement unless the Lead Permittee is able to obtain a reduction in its contractual obligations with its consultants or contractors as a result of the termination of this Agreement. In that event, the Lead Permittee shall be obligated to reimburse the Co-Permittee for its allocable share of the amount of such reduction in costs and expenses. 7.05. Documentation and Data. In the event this Agreement is cancelled or terminated, all documentation and data previously collected by the Lead Permittee in accordance with its duties and obligations as assumed herein, shall be made available to the Co-Permittee. SECTION EIGHT ENFORCEMENT, VIOLATIONS, AND/OR DEFAULT 8.01. Enforcement. The designation herein of the Lead Permittee is not intended nor shall it be construed as authorizing, granting or permitting the Lead Permittee to accept or assume any powers of enforcement of the applicable MS4 NPDES Permit as to the other party. 8.02. Violations. Neither party to this Agreement shall be deemed to have assumed any liability for any negligent or wrongful acts or omissions of the other party, and in no event shall any of the provisions of this Agreement be construed as a waiver by either party of its sovereign 7 immunity rights or of the liability limits established in Section 768.28, Florida Statutes. 8.03. Dispute Resolution Process. Any dispute or conflict between the parties that arises from any of the terms or conditions of this Agreement, including any exhibits thereto, shall be presented in writing by the complaining party to the other party. The parties' representatives shall then meet to discuss the disputed issues and attempt in good faith to resolve the dispute or conflict prior to either party initiating the intergovernmental conflict resolution process per Ch. 164, F. S., or litigation or any other formal dispute resolution process. SECTION NINE MISCELLANEOUS PROVISIONS 9.01. Notices. All notices, requests, consents and other communications required or permitted under this Agreement shall be in writing and shall be (as elected by the person giving such notice) hand delivered by prepaid express overnight courier or messenger service, telecommunicated (including telex, facsimile, telegraphic, or electronic mail (e-mail) communication) with confirmation of receipt, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: As to Lead Permittee: Northern Palm Beach County Improvement District 359 Hiatt Drive Palm Beach Gardens, Florida 33418 Attn: Executive Director Phone: (561) 624-7830 Fax: (561) 624-7839 With a copy to: Betsy S. Burden, Esq. Caldwell Pacetti Edwards Schoech & Viator LLP One Clearlake Centre 250 South Australian Avenue, Suite 600 West Palm Beach, Florida 33401 Phone: (561) 655-0620 Fax: (561) 655-3775 As to Co-Permittee: City of Delray Beach 434 S. Swinton Avenue Delray Beach, FL 33444 Attn: Phone: Fax: 9.02. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof. 9.03. Construction. The preparation of this Agreement is considered a joint effort of the parties and accordingly this Agreement shall not be construed more severely against one of the parties than the other. 9.04. Discrimination. The Lead Permittee and the Co-Permittee agree that no person shall on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status or sexual orientation be excluded from the benefits of or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 9.05. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 9.06. Assignability. The responsibility for carrying out any task assumed by a party to this Agreement, but not the obligation to pay, may be assigned by the party upon receipt of written approval from the other party, which approval shall not be unreasonably withheld. 9.07. Severability. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible, unless the prohibited or invalid provision reduces the payment obligations of the Co-Permittee, in which event this Agreement may be thereupon terminated by the Lead Permittee. 9.08. Governing Law and Venue. This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with, the internal laws of the State of Florida without regard to any contrary conflicts of laws principle. Venue of all proceedings in connection herewith shall be exclusively in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, and each party hereby waives whatever their respective rights may have been in the selection of venue. 9.09. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 9.10. Remedies. The failure of any party to insist on a strict performance of any of the terms and conditions hereof shall be deemed a waiver of the rights or remedies that the party may have regarding that specific instance only, and shall not be deemed a waiver of any subsequent breach or default in any terms and conditions. 9.11. NPDES Permit. If there is any inconsistency between the terms of this Agreement and the applicable MS4 NPDES Permit, then the applicable MS4 NPDES Permit shall preempt, supersede, and control the provisions of this Agreement. 9.12. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same 9 instrument. 9.13. Clerk of Court. A copy of this Agreement shall be filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. 9.14. Termination of Prior Agreements. All previous interlocal agreements entered into between the parties to this Agreement regarding the application or execution of a MS4 NPDES Permit shall terminate as of the Effective Date of this Agreement. 9.15. Effective Date. This Agreement shall be effective as of the date it is filed with the Clerk of the Circuit Court of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida. (Balance of Page Intentionally Left Blank.) 10 IN WITNESS WHEREOF, the parties have set their hand and seals the day and year hereafter written. EXECUTED by Lead Permittee this ATTEST: By: Secretary [DISTRICT SEAL] EXECUTED by Co-Permittee this ATTEST: By: City Clerk [SEAL] APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: day of NORTHERN PALM BEACH COUNTY M'ROVEMENT DISTRICT By: Print: Title: 2011. day of CITY OF DELRAY BEACH By: Print: Title: 2011. 11 EXHIBIT "A" LEAD PERMITTEE RESPONSIBILITIES The responsibilities ofthe Lead Permittee as to the implementation and execution of the MS4 NPDES Permit No. FLS000018 are generally as follows: I. The timely preparation, coordination, and execution of interlocal agreements necessary to establish and implement the joint activities required by the Permit. II. The timely preparation, coordination, and submittal to FDEP each year during the term of this Agreement, of an annual report describing the activities carried out jointly to fulfill requirements in the permit. III. The timely preparation, coordination, and distribution of standardized forms and guidance documents as approved by NPDES Steering Committee to assist permittees in carrying out the terms of the MS4 NPDES Permit. IV. The timely preparation, coordination, and execution of a countywide public education and outreach program required by Part IILA.6, Part IILA.7.e. and Part IILA.7.f. as approved by the NPDES Steering Committee. V. The timely preparation and coordination of training materials to fulfill the requirements of Part III.A.6, Part III.A.7.c, Part IILA.7.d., Part III.A.9.b, and Part IILA.9.c of the MS4 NPDES permit, as approved by the NPDES Steering Committee. VI. The timely preparation, coordination, and submittal to FDEP of major watershed pollutant load estimates required by Part V.A. of the MS4 NPDES Permit. VII. The timely preparation, coordination, and execution of a monitoring program required by Part V.B. of the MS4 NPDES Permit. VIII. The timely coordination, assessment, monitoring, and execution of activities associated with FDEP's Total Maximum Daily Load (TMDL Program) as required by Part VIII. IX. The preparation and coordination of all MS4 NPDES Steering Committee workshops and meetings. X. The timely remittance of all necessary permit fees to FDEP, subj ect to the timely and sufficient collection of same for all other permittees. 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E~1`7'FNT1 ~..~~~ AT ~SER"~'P ~R ~~4~,LN~~S ~A X. :K_ __}C:2~7L H:\C&P Clients\Northern\NPDES\Agreements\Third Term Interlocal Agreements\GENERAL PVTERLOCAL AGREEMENTS\City ofDekay Beach S.doc MEMORANDUM TO: Mayor and City Commissioners FROM: Richard J. Reade, Sustainability Officer/Public Information Officer THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 GRANT APPLICATION/INTERNATIONAL COUNCIL FOR LOCAL ENVIRONMENTAL INITIATIVES (ICLEI) USA ITEM BEFORE COMMISSION The item before the Commission is authorization for the City's submission of an application for the ICLEI USA Green Business Challenge project. BACKGROUND ICLEI USA has announced that it is offering four (4) ICLEI member local governments a technical guidance and support materials package to help engage their business communities to save energy, resources and money through their innovative Green Business Challenge program. This Challenge creates a friendly competition within the business community to engage commercial property managers, office tenants and other business sectors to reduce their energy, waste and water use while participating in other sustainable business practices. The Green Business Challenge program was co-developed by ICLEI (first launched in Chicago) in response to a growing need by local governments to engage the commercial sector in climate action and sustainability goals and has proven to be a success. If successful and funding is awarded to the City of Delray Beach, ICLEI will provide all of the resources and guidance necessary to launch the Delray Beach Green Business Challenge program. The winning communities will receive $15,000, which will include: Green Business Challenge Implementation PackElements Approximate Value Technical assistance and guidance from ICLEI for the creation and launch of a Green Business Challenge, or guidance and support for incorporation of Green Business $5,000 Challenge resources into current business en~a~ement nro~ram Funding for events and trainings ~~ $5,000 ~ Gift card for marketing materials such as printing and supplies, courtesy of our $1,000 Green product sample kits, including reusable bags, mugs, bottles, paper, files, $2,400 notepads, pens, etc. (200/community), courtesy of our Presenting Sponsor Participant awards: one custom design per community for up to 40 awards per $1,600 community, courtesy of our Presenting Sponsor TOTAL VALUE: $15,000 Awarded communities must commit to launching a program by October 2011, and host a closing Awards ceremony by December 2012. All support provided through this announcement must be spent by December 2012. There is no required match funding associated with this award. However, City Staff and members of the Green Implementation Advancement Board will work with the Greater Delray Beach Chamber of Commerce and the Downtown Development Authority (DDA) to create this program, if grant funding is awarded. The deadline to apply is Friday, April 1, 2011. As a result, the City will submit an application prior to the City Commission's April 5, 2011 Regular Meeting. We would withdraw our application if the Commission decides we should not apply. Award notification is expected on Apri18, 2011. A copy of the application and letters of support is attached along with additional information that provides details on the Green Business Challenge grant program. RECOMMENDATION Recommend approval of the City's submission of the ICLEI USA Green Buiiness Challenge Grant application. CITY OF DELRAY BEACH ICLEI GREEN BUSINESS CHALLENGE APPLICATION PACKAGE All-AmerigCity The City of Delray Beach, through its focus on being more Green & Sustainable, is working to educate our community on the importance of sustainability and take on good, energy and environmentally efficient projects with the hope of setting the example for our residential and business communities in reducing overall costs while lowering our greenhouse gas emissions. Award of the ICLEI USA Green Business Challenge grant would contribute to "greening" our City's business community and assist in improving the overall quality of life within Delray Beach. This would continue our efforts to make the City of Delray Beach a better place to live, work and play! Local Government Information Local Government Name and State Population: Highest Ranking Elected Official City of Delray Beach, Florida 60,522 Mayor Nelson S. "Woodie" McDuffie Who will be leading your community's Green Business Challenge, or is leading your current business engagement program? Project Liaison Name: Richard J. Reade Project Liaison Title: sustainability Officer/Public Information Officer Email: reade(a~mydelraybeach.com Work Phone: 561.243.7000 Address: 100 NW 1St Avenue, Delray Beach, Florida 33444 1.a.) Status of GHG Emissions Measurement and Planning (10 points) A Green Business Challenge engages the business community in a friendly competition to reduce their greenhouse gas emissions. A community inventory can provide evidence of the importance of a Green Business Challenge as part of your community's emissions reduction efforts, and provides a basis for estimating the potential impact of a Challenge. Any interested community must complete Milestones One and 2 in ICLEI's Five Milestones of Climate Mitigation. Completion of Milestone Three is beneficial. Question #1.a. -City of Delray Beach Response: In an effort to complete ICLEI's Climate Mitigation Milestone #1. Conduct a baseline emissions inventory and forecast, the City has partnered with Florida Atlantic University (FAU) to complete the City's Greenhouse Gas (GHG) Inventory for Local Government Operations utilizing ICLEI's Clean Air and Climate Protection Software (CACP). This year-long project, which is in its final stages (expected to be completed in the Spring/Summer of 2011), calculates and captures greenhouse gas emissions levels from all municipal operations, including, City owned and/or operated buildings, streetlights, transit systems and wastewater treatment facilities from our established baseline year of 2006. Following the completion of the municipal operations GHG Inventory, the City may review its options to complete Milestone #2. Adopt an emissions reduction target for the forecast year, which could include passing a resolution by the City Commission establishing an emission reduction target for City operations. 1.b.) Have you completed Milestone Three (Creating a Climate Action Plan)? If not, what is the status of the Milestone? uestion #1.b. - City of Delray Beach Response: The City is in the process of completing our GHG Inventory for Local Governments utilizing ICLEI's Clean Air Climate Protection (CACP) software tool and, at this time, has not completed Milestone #3. Develop a Local Climate Action Plan. However, the City may revisit this Milestone upon completion of our ongoing GHG Inventory. 1.c.) Does your plan establish a goal for emissions reductions in the commercial sector? What is the percentage and metric tons (COZ equivalent) of emissions from the commercial sector, and what is the reduction goal? Question #1.c. -City of Delray Beach Response: A City Climate Action Plan, if implemented by the City Commission following completion of the City's GHG Inventory, may go beyond City operations to include the commercial sector and provide emissions reduction targets. 2) Readiness to Undertake Project or Enhance Project Currently Underway (25 points) ICLEI will allow some flexibility in program dates, but will give preference to communities that have the ability and interest to begin a Green Business Challenge, or currently have a business engagement program. Indicate your readiness to launch a new program in 2011, or provide an alternative timeline that meets your community's needs. If your community already has a business engagement program in place, or in the planning process, please include the current efforts and the program areas that would benefit from ICLEI's support or assistance. uestion #2 -City of Delray Beach Response: ICLEI's Green Business Challenge would help the City bring environmental awareness and change to our business community. The City of Delray Beach and its community partners have previously taken active steps to implement programs to promote an increase in the number of green businesses within our commercial core. Some of the programs that have been considered and/or implemented include green business financial incentives and education and promotion of green and sustainable practices through the use of newsletters, press releases, social media and community events. In addition, a Green Business Summit has been proposed that would bring various community organizations (i.e., the City, the City's Economic Development Director and the Chamber of Commerce's Economic Development Committee) together to facilitate a plan on how the City could attract new companies that are more environmentally aware while assisting in "greening" existing businesses. In support of the Green Business Challenge, the City has secured working partnerships with the Greater Delray Beach Chamber of Commerce (970 members) and the Downtown Development Authority (more than 1,300 businesses) to assist with the implementation of this program if selected for grant funding. These partnerships are documented within the attached letters of support from both organizations as well as a letter outlining the City of Delray Beach's commitment by our Mayor. Should the City be awarded this important business community grant funding, the City will commit to meeting the defined timeline as provided within the ICLEI Green Business Challenge Implementation Pack. Further, the City, along with its partners, would make every effort to ensure that this program is sustained and continues beyond the grant funding timeline. 3) Support from Elected Officials (10 points) ICLEI has found that a business engagement program that is strongly supported by local government, with an elected official providing recognition, is a significant incentive for participating businesses and increases the longevity of the program. Is your highest ranking elected official committed to a Green Business Challenge program, and willing to offer recognition to participants? If your government structure does not include a high profile elected leader, how will you (or do you currently) provide recognition to the program and participants? Question #3 -City of Delray Beach Response: Yes. The City's Mayor, Nelson S. "Woodie" McDuffie, has firmly committed to support the proposed Delray Beach Green Business Challenge as provided within the attached letter. Further, Mayor McDuffie has committed to actively participate in the continued promotion of the Challenge utilizing various tools, including executing a City Proclamation, producing and distributing information on the progress of Delray Beach Challenge participants [i.e., City website, press releases, various newsletter publications, social media accounts (i.e., Twitter)] and participating in the Launch Event, Green Purchasing Training Event and Awards Ceremony. 4.a.) Support from Partners and Sponsors (20 points) The local business community must be engaged in the development of a Green Business Challenge from the start. Support from the Chamber of Commerce, Business Improvement Districts, Building Owners and Manager's Association (BOMA), and other non-profit partners are essential to beginning a program. Businesses may also support the program monetarily through sponsorships. Please list the partners or sponsors you plan to engage (or have engaged) in assisting with programmatic and resource development. Question #4.a. -City of Delray Beach Response: Greater Delray Beach Chamber of Commerce Mike Malone, President & CEO 970 members Downtown Development Authority Marjorie Ferrer, Executive Director 1,300 businesses 4.b.) What resources, including monetary from sponsors or grants, do you expect (or have they) contributed to the program? Are sponsors ranked by sponsorship contribution? Question #4.b. - City of Delray Beach Response: We anticipate soliciting financial sponsorships from our business community to support this Challenge and encourage participation. Preliminary discussions have occurred and sufficient funding is expected to be received. 5.a.) Target Audience (10 points) a) While Chicago chose to focus on office buildings as the highest potential impact in its community, the Port of San Diego and Charleston opened their program to any business. The Green Business Challenge program model is easily adaptable to other business sectors. What business sector(s) are you most interested in targeting (or currently target), e.g. office, retail, institutions, hotel and conference? Question #5.a. -City of Delray Beach Response The City of Delray Beach, in particular our Downtown area, has become a destination location for visitors to our beachfront community. As a result, this area is considered an economic hub for our community and has grown and maintained healthier than normal economic conditions during the current downturn in the economy. In fact, there are over 139 trendy restaurants and other food-related establishments at this time that service more than 3 million visitors annually. However, there has not been a concerted effort or an individual organization to take the lead and promote green and sustainability standards to our Downtown businesses. At this time, there are only a few that currently implement green principles (i.e., recycling, locally grown produce, green cleaning materials, etc.). Thus, the proposed Delray Beach Green Business Challenge is a critical step that would educate our restaurant community on the environmental and financial benefits that they could realize by undertaking steps to "go green" (i.e., improve energy efficiency, conserve water, reduce waste and involve their employees to enhance their business' environmental performance). 5.b.) ICLEI is looking to work with communities able to implement ahigh-impact program. Please provide a rough estimate of the number of business/buildings you would ultimately hope to target (or currently have participating). Question #5.b. - City of Delray Beach Response: See Above Response. This program would assist in promoting and educating not only our 139 restaurants within our downtown area, but also our retail, professional and industrial businesses, visitors and local residents who frequent these locations. Thus, the Delray Beach Green Business Challenge would result in an impact that would reach the highest number of people possible and help change habits and lifestyles immediately. 6.a.) Program Resources (20 points) Based on ICLEI's experience, the Green Business Challenge requires dedicated resources to ensure effective implementation and long-term sustainability. Please describe the resources your community is prepared to invest (or has already invested). Specifically indicate your community's resource commitment in the areas below, and describe the amount or level of commitment. Human resources (dedicated staff for program implementation and maintenance) Question #6.a. -City of Delray Beach Response: The City of Delray Beach's Sustainability Officer is committed to working with the Greater Delray Beach Chamber of Commerce, the Downtown Development Authority (DDA) and the City's Green Implementation Advance Board (GIAB), a citizen based advisory board to the City Commission, on this project. The proposed partners would ensure success due to their ability to reach out and work with our local businesses as well as their sustained commitment to practice the highest environmental standards available. 6.b.) Other resources (in-kind, interns, marketing, etc.) Question #6.b. - City of Delrav Beach Response: The City's Sustainability Officer also takes on the role of Public Information Officer that would provide the Delray Beach Green Business Challenge with access to all of the City's promotional and marketing resources. As a result, the Challenge and the resulting successes would receive maximum exposure. Further, by including the City's Chamber of Commerce and Downtown Development Authority, the program would be publicized within all of their publications and media announcements as well. 6.c.) Program resources also include participant resources. Do you intend on providing (or currently provide) participant trainings? Question #6.c. -City of Delray Beach Response: Yes. We plan to develop a program that models our successful and publicly recognized Residents Academy to assist with education on how to be more green and sustainable for Challenge participants. This program may result in multiple week training courses throughout the program. 7.a.) Other Relevant Information (5 points) Please feel free to provide any other relevant information that will support your local government's application. Question #7.a. -City of Delray Beach Response: The City of Delray Beach, Florida, was founded in 1911 and is located in southern Palm Beach County. Delray Beach is a beachfront community that is a culturally diverse community and was developed with a traditional small town design oriented around a main street, Atlantic Avenue. The downtown core, which has grown in popularity and attracts visitors from around the world, features a historic downtown shopping area (i.e., trendy boutiques, unique shops and gourmet restaurants and cafes) that is surrounded by residential neighborhoods. As the City has grown, a significant business community has developed within and around the City's urban core that includes a large concentration of retail, professional offices and industrial areas. Until recently, the City of Delray Beach (i.e., residential, business and government) has not made green and sustainable principles a priority. However, within the past three (3) years, the City's elected and appointed officials have demonstrated their strong commitment to creating a healthier environment while achieving significant cost reductions. This has resulted in the City becoming a local leader and active practitioner within the green and sustainability movement. Some of the City's efforts that have been undertaken include: In June 2008, the City of Delray Beach first became a member of ICLEI USA. The City has maintained and continued this invaluable membership and partnership. In 2008, the City Commission created a temporary task force, the Green Task Force, which was comprised of local residents and business professionals that are considered green and sustainability leaders. This Task Force, in 2009, presented the Commission with 122 recommendations that would assist in making the City's operations more environmentally responsible. To date, the City has implemented and/or has begun more than 90 of the proposed 122 recommendations. The City Commission approved Resolution #24-09, which established the City's Green Task Force (now known as the Green Implementation Advancement Board - GIAB) as a permanent City Board with the responsibility of serving in an advisory capacity to the City's elected and appointed leadership on green and sustainable practices. In 2009, the City Commission outlined within their Strategic Plan, the need to hire a Sustainability Officer to educate, promote and coordinate the implementation of environmental concepts and standards into the City's operations. Within the same year and during very difficult economic and budget conditions, the City hired its first Sustainability Officer. This position serves as a liaison to the City's volunteer GIAB and works across City departments to ensure that the highest levels of "greening" occurs within the City. The City is currently utilizing ICLEI's Clean Air and Climate Protection Software (CACP) to develop the City's Greenhouse Gas (GHG) Inventory for Local Government Operations. This software has been instrumental in enabling the City, along with our partner -Florida Atlantic University (FAU), to develop a baseline inventory of energy use and greenhouse gas emissions that have been/are created by the City's operations since our baseline year of 2006. This GHG Inventory is expected to be completed in the Spring/Summer of 2011. Selection by ICLEI to develop a Green Business Challenge in the City of Delray Beach would assist the City's business community in understanding/learning how to be more environmentally aware without significant cost increases (and in many cases cost savings) while further promoting the City's efforts to become more sustainable. This grant funding would provide the financial resources necessary for the City to fully commit to this program and ensure success. Further, this Challenge would assist our City's business community in becoming green and sustainable while also leading to increased education and promotion of environmental principles to our residential and tourist communities. Thus, making the City of Delray Beach an excellent candidate to receive funding under ICLEI's Green Business Challenge program. 7.b.) If selected, will your community be able to send ahigh-profile representative to an event at the New York Stock Exchange on April 21St Question #7.b. - City of Delray Beach Response: Yes. Mayor McDuffie has committed to attending this event. Commitment By signing this application electronically, your local government commits if selected to allocate the staff time and resources necessary to develop a Green Business Challenge, or assess and refine a current business engagement program. In addition, your local government commits to using Premier Sponsor funds as outlined in the fund description above. Please either type in signature or insert jpeg image Electronic Signature: Richard J. Reade, Sustainability Officer/Public Information Office „„ ~v1:. Kim Brc~k~~rf„ F"rograrrt ~'~ir ~iir~te Pr~t~tic~re~ N~`rac~r~rr~ IC~LEN'~ - N_c~~li ~vernmr7fi fc~r ~at~un~N~iiiy lJ!, '1 ~~at~ Irk„ ui~~ ~1 ~N~i~, NINini ~~ ©~~r ~~. Brakh~af~ N'Ul~rc ~ ~1 "I [ ~ r~u~ritir~g this It~r "~~ s~app~art the ~iy ~~ aelray ~~~cf~' ~rr~ I~.ui N~~~?ne ~rar~~ funding plic~tin ~N~rc~uah NGL.EN USA. 9 fiirrrrNy b+9ueve tN~~t this ~i~railen~e wil! prc~wid~ the t~ity„ amp wive I~LEI w~~r~rr~b~r ~r~~', Fader in prarnaig c~r~~n and ufainak~Ge practices, itN~ an a~part~ar~ity fca prcar~nate friendly ccrnpeti~is~n among Delray Beach businesses tc inr~prcve energy efficiency, conserve ~~eater„ reduce r~raste arVd Nnclve th~~~r ernpV~ayees ~n f~nding ways t~? im~prave the en~rircnmenfal perfcrma~nce cf their businesses. Tl~e pity's ccrnrnitment to actively parkicipate in this pragram, if selected for grsunf assistance, v~cu~ld include continued prc~mc~ti~an of the Challenge thrcaugN~ various means, including executing City 'rcclamaticn„ producing and! distributing press releases ors the progress ~'~ Delray Beach halllenge participants„ including infdrmatic~n ~,rithin the +~it' varr~us pu~blica~tians„ s~aciaN media acceunts (i.e.„ Tu~ififir and City ~vebsite. In sadditien, as the City's Mayer, 1 r~c~uid c~ammit to attending ar~d part~cwpatNr~g In the Delray Beach Green Business Challenge's L~urrch Event„ Green Purchasing Training f'rc~gram and ~Aw^ard~s Ceremny. The Greer Business Challenge will imprcave the livability and eccnornic cempetitiver~ess oaf the City''s local business cerr~munity by providing them with the requisite ~du~ti~r~ and ~c~+~1 necessary tc become mere envirenrner~tally av~rare and responsible. This unique opportunity wveuld enable Maur cc~mrnercial sector to rr~ae valuabNe contribution to +ur local community„ ~envircanmeratal and sustairrabilty effds. The City ~ Delray Beach,.. N=Norida„ appreciates. this f~rariir~ opportunity to assist in improving the overall quality ~ life within our cor~nmunity and to continue our e,f"fa~ to make the City of Delray Bch better place to live, rorl~ and plal Thank you ir-r advance fdr year support. and consid'eratioin of caur Green Busiiness Challenge grant request. incerel .~, ~. r~l~n lvl~r v~ ~~ aC! i,cl uftie av ~~ ~ ,h ~- ~ ~ ~~ ~~ ~ ~~ ~ ~~ ~, W~~ i~ri~a~f Pr~ar~rr~ ffi~r ~lii~a~a~~ ~rrit~C:'ua~ra ~r~ar~arr~ Nrn W~I - W ~r~~l ~a~~+~rrarran~ts fair ut~ir°akaiW'1l~ U'S ~'~ '~rt~tfa W~~rk gait ' ~"h'k~f~k iINWr~~i~ ~i~~~ Tr~i ~IW r~cir~c,~rir: °1°h r~t~r CM~Ir~y Wu~~vi~i~ ~ h.:rrrbe~c W ~cara~rrtrc~: ~r~~~r~il'Jr~ rW:~r~~r~s ~a~r C~ k~~ain~~,. r~~raiz~tirrs ~r~~i prr.}1~_ ~~- ,,,:,I~ uri fh t~rt~r C~iry C~w'~cki, ~~Icrorid, r~ ~ sfrrirr~ E~~rWr~s~ ~r°~~araiz~ficar~a, vra~ ~ir~ sfr~v~ ,.. t rr~a~~inl~in ~~ ~~as~~aan~iWity rif rapt r~9y ~~ur b~siaw~~~ k~~at ~~is the c,r~rr~n~unW~y. ~ r~~Wi~~ Sri ~~ ~~ii, a~ rriust ~je ~r;r.~;~i~_;i~f fic~t,Nr nvyr~r~~~a~t br~~iri~b~ r~a~ r~~afur•W. Tyr C~'°W°~rrrr i~ ax~Wt~r~ ~rau~, ~h~ ~a~~r~ra~r~l~ai~a~ irrv~alwF-~c~ ~a,!i~h tfa a°r7 l~i~a~iris~ ~~allr~n~~, Ti°~i y chi l~ ~ W~ ~7 ~rr'~~~rf ~r~~~ ~:c~ ~~sit rear i~~rsin~~~~~ ~a~aJ ;.~~ ~,A ,ai~ali~ans ia~ uru~r~rlr~ira fW~ ura7pcartra~:e ~f ~ra~ry ~~iir:i~rraw°.y it :~ ~r~°a~:ta~ ird~~:tc~a°a. ir, k~u:~~~-s;~ fc~~! !;~,~ ~ ~,^~r=~a a~~i~ra car raa.aaw~ tir ~~r prc~d~,~~f. i ~a~~. !~s r~r ~c~iir~ ~r~rr~~urai~y W~~s~ ~~~._~~~ir1~5,5 ar ,<~nW, ~rtir~n, %~ ~r sfrivir°a k k*uurn~W~ c~a~~rraa,arrit~ a~urrr~~~r~~r~~k fry r~da~~ fW~ir c~sfs r~aci r~ix~~;tiz:~ the; r r~~r~rtiWo ~J~ iq~h f prvie ~rar~, ~cs~rrirr7rarai~~~'irir°a ref 1°h~ ~ir~r~ur7i~i~~ ~ri~ fkir~ xprti~ t €~~ch fa~~~ a~~l. ,~ ~ r~cr`rrrna.~raity ~~rt~~~r ire ~~anc~rr~i end cti~t~nrra,Ariity dv~W~irrc~rnt, tW~~ 'f~ai~ak~~r I~ r°a ~u~~arC r~F tWr ~'~rc~~n a~.a ~ ~A~~ ~:I~a~aJlra~ ~ iW^~ rruar arnr~r~aa~rufyr fry ~n~% urn rci~~~ra~„ cyrr~r r~vir~nrrrr~ra ~nc~ its ~~astio°7~i~il ,,, ~`i°a~ kr~arrr~r iWl ~~fiPr~ly +~rrvarNt i~~i tli its ~rr~J the [~~la°y ~h~~~h W~a~~iri~s ~cia~riri~r~rMrW~y tai ~a~c~araa-~a~ ~~rrtii~itira Wr°a ti~is ~rc~rrr~. 'u'~ l~ll~ ~r~r+r tca ~rarirkri with amaur c~rraq~a~,aa~ii~~s ~;rt:ra~r~ in tP~i~ rr~r~rra. din-_ - ~'Wy'~u~ ,. C~r~,~,~~{r~i~f r ~ ~i~r W;~~Wr~^~ Wa~~aa~d f:Wia~a~a'r ~f rirr~r~ir~c;r ~ ,, ,. " ~ ~'~' ~~ ~ ~ ~ . > m~i~i .. me„ ti'ukp6"P~~eH I.trt~ [3z~n~hc~f ijrc,rar~ ~Q) i ~;e~`, ~iitxa.ate :~"r.~atct:i~a:r~ Fr+~~ra. IC~L~L -1.,~ac~~?. ~~c~vt~nr~ents fear Sustairaa~sility 1.~~5 1 ~ laa~~, itc 511 ~"hca~, ~~:.~ ~~C~3 Dear I~i.~°a, ~I"}~c L~cr~~ zlte~rz. C~evel~~r~ae~t u.thc~rity of L)elray Leach, I'la~rida r,~h:ich represents r~~rer 15~ l~~~s~c;~~~~~ with 5 acres ~Cel~?zatca~rn't~~c~~zld like tea share crur s~pp~rt ~afthe pity's 4-~rccr~ eL'~~~rts ara.. the ]eir~z~ +L~rcen L3usincss ~'.l~aiin~. I"11i~; year e have initiated the e~"Lc~rt cf "CIz°~~ni~~;" c~~ar restaurants. ~'hcre are 1 ~iii~i.n~; ~st~lali~hz~~~T~ts rthin the Cya+ntan Delray c~isiri4t and feel that. they are a ~~reat place to starts ~"here are i~~~~ny iausinesses that are currently ~~~c-kira very hard ~+~ reduce their l'ea~~tLarint and e viii be ie~era~in~; their success? °The I~L.I'C ~Tz~een l~usincss C`hallc;e ins the perl"ect and inneavati~e ~~ppurtun:ity to create mare eci.tera~•zat and er<;ae the 1c~cal cc~n~tnunity. Da+rnto~rn Deha Bea~::h restaurant businesses arc a vil.al part e1`the success ~f uur city a~~zd tla.ey are str~~~ suppcarters rat the sustaina:hle el`I'~+rts, '4'4''ith the I!C,i ~~?~ (:Tree~a. Liusirress C"halicr~,e p~°ura materials tc~ assst''~ith e irn}~lcu~eratatin ~ arc certain to rna~:.e a huge impact n the community"s enemy usa,e, climate and prt~rr~c~tic~n cif sustainairiCity. ..:C"he L~~ is larou.d to represent an ama~cn c~m~r7ut~rty that ~rirv~°s hard every day tea rnal~e a diLLerence. e i:ll continue ter support the pity's reezY eff~rrts and tlLeir part~lei-~hii~ IC~I~,~L ~~rccn :.~us~r~ess C:hallene throuhc~ut our du~vnto-a. ~ au~theast ~t~ F~rrrrue, jute ~o8a ~e~ray Beach, ~'t< ~4 "f~l: b7-X43-077 Fax: ~~-~4~-~07~ Green Business Challenge Implementation Pack -ICLEI Local Governments for Sustai Green Business Challenge Implementation Pack Page 1 of 3 apply to be one of four local governments selected to receive $i5,ooo in guidance and materials to launch or enhance a Green Business Challenge Program in your community. Download the application, read the full details, and submit by April i. ICLEI and a corporate Presenting Sponsor (to be announced soon) are proud to offer four ICLEI member local governments a unique package of technical guidance and support materials to help them engage their business communities to save energy, resources, and money through our innovative Green Business Challenge program. The winning communities' elected officials will be flown to the New York Stock Exchange for a national launch event! Green Business Challenge Implementation Pack Elements Approximate Value Technical assistance and guidance from ICLEI for the creation and launch of a Green Business Challenge, or guidance and support for incorporation of Green $5,000 Business Challenge resources into current business engagement program Funding for events and trainings $5,000 Gift card for marketing materials such as printing and supplies, courtesy of our http://www.icleiusa.org/programs/climate/green-business-challenge-implementation-pack 3/30/2011 Green Business Challenge Implementation Pack -ICLEI Local Governments for Sustai... Page 2 of 3 Presenting Sponsor $1,000 Green product sample kits, including reusable bags, mugs, bottles, paper, files, 400 $2 notepads, pens, etc. (too/community), courtesy of our Presenting Sponsor , Participant awards: one custom design per community for up to 4o awards per $1 600 community, courtesy of our Presenting Sponsor , TOTAL VALUE: $i5,ooo Roles and Expectations ICLEI will: . Provide guidance and technical assistance in Green Business Challenge development with selected local governments . Arrange for funds and resources to be transferred to local governments . Arrange akick-off meeting, and facilitate ongoing meetings and phone calls with local governments, directly, and local governments and the Presenting Sponsor as necessary. Winning local governments will: ^ Invite Mayor/Commissioner, to attend a National Launch Event at the New York Stock Exchange on Apri121, 2011 (travel funds will be provided up-to $50o per selected community) . Arrange, fund (partly through the funds received in the Green Business Challenge Implementation Pack), and host three events associated with the Green Business Challenge. These events are to include a launch event, green purchasing training event, and awards ceremony. Allow Presenting Sponsor branding to be prominently displayed, and a Presenting Sponsor representative to speak for an agreed time at one or all events. ^ Share lessons learned with other winning communities and ICLEI ^ Participate in regular check-in calls with ICLEI and the Presenting Sponsor. Program Timeline Implementing a Challenge program requires a commitment of local government staff time. ICLEI's role is to accelerate, not replace, local government implementation of a Green Business Challenge. The division of responsibilities and anticipated timeline for initial program steps are laid out in the following table. The remainder of the time line will be customized per each community's program needs. Each community must use their Green Business Challenge Implementation Pack funding to launch a program by October 2011, and host a closing Awards ceremony by December 2012. All support provided through this announcement must be spent by December 2012. Though these funds may assist in the initial development and short-term sustainability of the program, it will also be up to the local government to secure resources to continue the program long-term. http://www.icleiusa.org/programs/climate/green-business-challenge-implementation-pack 3/30/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Mnagement Specialist Richard C. Hasko, PE, Director of Enviromental Srvices THROUGH: David T. Harden, City Manager DATE: March 31, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 EXTENSION OF AN AGREEMENT WITH QUALITY TRANSPORT SERVICES, INC./DOWNTOWN ROUNDABOUT SHUTTLE SYSTEM ITEM BEFORE COMMISSION The item before the City Commission is that of approving a six (6) month extension of the agreement with Quality Transport Services, Inc., to continue providing shuttle service for the Downtown Roundabout. BACKGROUND Quality Transport Services, Inc. has been providing services for the Downtown Roundabout shuttle system since its inception. The January 3, 2006 agreement was set to expire in January, 2011, but was extended until April, 2011 to coincide with the expiration of grant funding from the FDOT, (Florida Department of Transportation) and PBCBCC, (Palm Beach County Board of County Commissioners) . Upon expiration of these grants, funding for the shuttle reduces by $90,000 per year, leaving the CRA as the sole source of funding for the project in the amount of $207,207 per year. At our current rate of $38.50 per hour, service will be reduced from 7,722 service hours per year to 5,382 (a 2,340 hr/year reduction). As the style of our shuttles has become a contentious subject, RFP 2010-25, completed in June, 2010, was advertised specifying trolley style vehicles to replace the existing mini buses. Two responses were received quoting $55 and $65 per hour. Considering the difference in price from our current hourly rate of $38.50 per hour, and the reduced funding, Staff has not yet acted on the responses. Making the transition to trolley's given the reduced funding combined with the higher hourly rate would further reduce service to 3,767 hours per year at $55, and 3,187 at $65 per hour. These service reductions would cripple service and negatively impact the evergrowing number of commuters relying on the service, especially during these times of escalating gasoline prices. Staff is investigating various options to continue the service while keeping costs affordable. The five (5) key cost components of the service are vehicle cost, gasoline, insurance, maintenance, and payroll. Options include the City or CRA purchasing vehicles and contracting out staffing, maintenance, insurance and fuel costs. For each component the City can provide, the lower the hourly cost of the service. Another significant cost savings would be to provide fuel to the service provider, thereby eliminating another main component affecting the cost of service. Broward County Transit, (BCT) is considering this cost saving measure while contracting out service for some of its less utilized routes, which could be operated with smaller mini buses, similar to ours. Staff will follow up on the outcome as our former City Attorney did not support this accommodation as a precedent. Staff is also pursuing the purchase of vehicles, hoping to find reasonably priced vehicles in good condition available due to the discontinuance of other local transit services. Furthermore, Staff is seeking grant funding from the SFRTA, (South Florida Regional Transportation Agency), which provides funding for feeder service between downtown business districts and Tri Rail stations in some communities. Staff requests granting of an additional six (6) month extension of the Quality Transport contract, providing time to try to devise a program that will allow us to continue to provide this service to residents, visitors, employees and guests of our City. It is noted that while the service agreement was effective upon its signing on January 3, 2006, service did not commence until January 22, 2007. This year long delay was due to the City awaiting grant funding through the PBC MPO, (Palm Beach County Metropolitan Planning Organization), which never materialized. In essence, granting the requested extension will still not exceed the total of five (5) years cited in the original agreement. FUNDING SOURCE The shuttle service is funded through Account 001-3151-545-34.90 and reimbursed by the CRA and, until Apri13, 2011, the FDOT and PBCBCC grants. RECOMMENDATION By motion, approve a six (6) month extension of the agreement with Quality Transport Services, Inc to continue to provide service for the Downtown Roundabout, under the same terms and conditions as set forth in the original agreement dated January 3, 2006. MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE ITEM BEFORE COMMISSION City Commission is requested to endorse the next Art & Jazz on the Avenue scheduled for May 19, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of E 7th Avenue, Railroad Avenue from Atlantic north to north side of the east/west alley, and to the alleys north and south of Atlantic on E 1st Avenue, E 2nd Avenue, SE 3rd Avenue and E 4th Avenue and to authorize staff support for security and traffic control, EMS assistance, banner hanging and removal, barricade set up and removal, trash removal and clean up. BACKGROUND Attached are the special event permit request, site plan for this event, budget and Economic Calculator. The estimate of overtime costs for this event is $7,995. Cost for the barricade rental is estimated at $150. Based Special Event Policies and Procedures, the Downtown Marketing Cooperative is to pay the City 35% for all costs plus the full cost of barricade rental for an estimated charge of $2,940. Staff recommends that the event end at the west side of E 6th Avenue on Atlantic Avenue versus E 7th Avenue, due to neighbor complaints about routing traffic on SE 7th Avenue. RECOMMENDATION Staff recommends endorsement of the event, approval of the temporary use permit and street closure as recommended by staff, staff support as stated above, including barricades with payment of costs to the City per the Special Event Policies and Procedures. ~~,~~ `U ~,~ ,~~~ ''i``~ ~~U Cxty of Delray Beach °~~'~'~~~'~" Special Event Permit~~~ ~ I V~ ~ ~~.~,~~~ Application ~a~` 1 ~ ~~~ ~ '~ REV~S~~ 1.1.2.x.0 IST~A~IVE S~RViCEB ~ PLEASE ~'~~~ ~~ PR~ 1993 tool r __,,~~ Event NalnelTitle: ~- ~~` ~' ~'~. ~ ~~ %ff~ ],~r/c° 'G/~`' Event Dates}: %' Tunes: ~° , t Requesting sheet closu~~e: yes 110 (If yes, need timeldate for closure azid reopei3ing} ~ld~~r/-4~ ~'f'~'r~~' ~>r y.c~~ ~ ~j ,f'`~f1 SIII~~---~~ ~~aPl-~/!~~ //11/~'!~!~/.~1~'~y ~-DLdD~!/J~'~ C'~~~r/YG ~~-.1'~~ Event SpansollProdueei~: %Y~ f Q~'~ Event ContactlCoardinator:~ ~ ~ ~ >~' ~~'~' ! L~~'/ ~ ~, Event DescriptioillPurpose: History of Event (If applicable}: ~C~r~~~ ~t'~ I/1.~ y`~~. ~~r'I~-"Nr' ~ ~'c:"~iY ~`°' ~ a~~f~~_~~-rte J~~/r~~1~1~-Nf ~ ,,1~~r.~,y~r~rcr~ ~v .sf~~~= ~~~.~ P~~iL1t'.d ACtlVitleS (~litliile ~f aCtiVltiOS~nLlill~~r Of aCtlViti~S, i.e. entel'ta111ri1Fi11t, children's rides, gashes, atller programs):. ~ U.5 irk ~ t/~~NU c~.s" .~ ~ ~ ~~~ ~~} U ~~ ~ 1 ~- ,~-~?.'J'- !~ oC/f I ~! ~fii nom` S ~~~~ 1~" G' ~1/ -- Page ~ of ~ Name: I Y / rY Address: cs? ..., ~j ~~ ~ / L ~ ~ f~~-~ Telephone NuinUer; ~?~t ~13~r~ X 3~'ellulal• Number; ~~`,~ ~ ~.~ w (~_~.;~ r~ E-mail Address: - ~'1'V ' D - ~~" . Page 2 of 5 Number of Individuals Served Previous Year {if applicable): hJ'l ~a lJ~dt~ Describe the targeted population and expected attendance: ~ ~rL'~'~`~ ~3+~/ICYf Describe how the program or project addresses colnmu~iity needs: ~~~~l~.T~.~~'~'~ ~d ,~L.~, Describe your MarketinglPron2atialas I'ragl'am'{How will you ~narketlpromote, i.e. TV, radio, pastors, flyers, web sites, other); -,~/~. ~~~ae'.S c~GU~~ Sponsor Category (please check] CityNo~~-Profit/Charitablc a Private ^ Co- ponsor --Nan-ProfitlFrivate ^ (1f Warr ~ro~t rrttrtdz ptaaf of 501c(3), c(~), c(6), C(10), of c(19) ar ~d) Event Location (Describe area boundaries of event/lacation); ~~'~' ~iT~` ~/~~ Site plan attached; yes,,. no ~Sfte plan: I•egrrtred fo~• er~tlre event site. Include locations of tentss stages portaletss dumps#erss pot•table lighting, and barricade loco#fon if applicable.) Rental of Old School Square: yes no_ (If yes, attach proof of approval) Rental of Old School Square Park: yes no (If yes, attach proof of I•ental agreement with Parks 8c recreation) Private Property Use: yes no (If yes, attach letter giving authorization from plaperty awn Event budget Revenue & Expenses attached: yes. no, (Ret~ui~•ed fot• «lr eveftts} 7C:~SeluinlSelsnalCORRSP~SNeeial went Pennit Application KEVfSED FINAL ~'YiE?-I I(2},d0e Page 3 of 5 Previous year RevenuclExpcnscsummaty attached: yes~_ no {Required for all events) } , Arts and Economic Impact Calculator attached; yes no abtaincd on line at www.AmericansFa~FI'IaeA~`ts.org (Required for all events except minor events and SK. Runs) Do you Dave cash sponsors far the event: yes_.... ~ no (Indicated on budget) Do you have inkind sponsors for the event: yes~^ no (liidicated on budget) Serving ar selling alcalialic beverages: yes no______~ Xf yes, what e~itity its obtaining the Alcohol Lfcense permit? (If yes, cvFy of 1~cerase arzrt ulcolrol liul~ility Ir~srrt turce regr~r~•erl twa (2) tiveeks prior to evetrtJ Event certificate ofinsuraIlce attached: yes~~ no (Rerlrrired tEVO (21 weeks prior' t~ event rrartxir:~ tlse City trs addltioital Irasrrred, trlsa rerlrlirer! fo~~ vendors) flaying of amplified music: yes~___._ iia (Waiver rerfuirerl) Vllill there be enter~aininent: yes _ no (If yes, attached list of Perfa~7ucrs and/or l~~'s} If yes, sponsor ag~•ees all entertainment will be family oriented al~d contain x~o obscenities: yes______~_ no Requesting Police assistance: yes--„_.,_,..,~.._ no (traffic control/security} Will supplement with private security; yes no ~~ (I,f ;yes, deed plan attrreherl) Requesting Emergency Medical aSSiSt~nce: yes na es ` ` no Requesting ba~-icade assistance; y (If no, how are you handling?) Requesting trash removal/clean up assistance; yes ~ no (If no, how are you handling?} Requesting trash baxeslcantainers and liners: yes ~ no Requesting stage use; yes no- _ _ - {If yes, clteck type} Large stage (~4' x ~6') ^ Small stage {i6' x Zl'} o Half small stage {$' x 21') ^ X:1Setinal5el~xtalCOltftSPlSpecial Evcat Pemtit A~pticutianREViSED FT~IAL FY10-1 l(2).doc Page ~ of 5 Requesting signage: yes no Type. 4'x4'Eve;«# sign Parking Signs Banner hangin Indicate dates required (~aive~• required i,~'~~zo~•e tltar: orte (.l} 1:veekpriQr to event} ~~~,~.~X' f~~/0~ ~'~ ~~tll~r ~~ Requesting City Portable Generator: yes _ no~,~~ (If yes, size & power) Food atld beverage vendors: yes no If yes, approximate number . -- (Healtl~l Department approval required) yes no Other vendors: (Indicate type) Tents: l~ no yeS llo_ _ ...._ ~f yes, Haw nturiy YYl:ut slze af• slze ietluii•ec1 ~1f yes, tent permits and frre inspectlar~s Hatay lie rteederl) Will the event include amusez~~ent rides: yes na^ ~~.fyes, ~'pc artd lr~catr'ott aaarl copy of liablllty l~tsurartce re~ruirerl, calsn rertttlies state lice~tse aatd lnspectintt.} Will the event be gated: (Show ott»slte ~al'ap) yeS I10_____, Will there be a charge far the event: yes no,.~..~ (If yes, rttdler,<te ticket p~•ices} $ Will there be fireworks or other pyrotechnics: yes,T _ __. ~ na^___, (I.f fires; co~ttact Fire ~Yfa~•sJial to abtai~a! and cair~plete permit appllcutlatl!} Will there be cooking with compressed gas: yes lio {I•f yes, contact Fire Marslzal,~vr lrtspectlarts} Will you be providing po>;•t-a-lets for the evezxt: yes no (If yes, locate ort site ~r~ap. I,f'no, tndlcrete haiv yarn will laa~2rlle restroorrt rzee~ts} Is reserved parking requested: yes no ~' (If yes, ilydtcate loccttln~~s urrd purpose for use} X:~SeljnalSelcnalCOltItSPlSpcciul irve»t 1'emiit Application REVISED FINAL FY 10-1 E(2).doc Page 5 of 5 Event Permit Attaclvnents: Revenue/Expense Budget RevenuelExpense Recap Last Years Event Site Plan Arts and Economic Impact Calendar Letter Requesting Naise Ordinance Waiver Letter Requesting V~siver Consumption Alcohol Beverages P~•aofofNon-Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate :Proof of Rental Agreement or Authorization Letter fr©m Private 1'rope~-ky owner Hold Ha~•~nless Agreement, notarized. Submittal Date Requirements: • 1Vl(i~zor Event 4S days prior to evetrt s In#erntedlate Event 90 days prior to event o Ma,~ar Eve»t 1~0 days pi•iat• to event • Neighborhood Bloelc party 3~ days prior to event vent Contracts ICaordlnator Date please print: ~~ Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, I00 N.W, ls' AvenLte, Delray Beach, Flatida 33444. Required with permit application, 1~'or Sfr~ff U.se Dul ~y Date Received / d Application fee received $ f X:1Sei~na~ScimaICORRSA~Speci~t Evenl Pe-init Application REVISED FfN[AL FY to' I t(2).dce ' ' 5 R ~ ~ ,~` o ~ ~ ~-~ ~~ >. ~ S e ~- ~ ~ ~ ~ _ _,, ~' x;;n: ,{ ~; _ ~~ ~~ ~ ,- ~®mpi J~ ~r ~~ ~ ~ ~.m ~~ _. E r a~~- ~. ~ E _ 9 s ' ` y~ ~ ~ d i ~' ~~~ f~ N ` - a; .'~ i.~FE E~~~ ~~~ .. ~ P~r1~i~t~ ~, qqyy~p ~~qq r qg~ ~. ~4116~/°4ri1 ~-„~ ~g l@ 5~ sy f ~ ~.ight Toter _ ~rr~c~d~~ a~ -- Na~og~n~ s ~. f_ s - a~ ~,~. _~ ~ x ; ~_ ~ ~~ ~I? _ r ~ p ~3 SI'} ~: , t ~~~. ~ ~~ ~', - ~,{, ~~ z `_' ~~ x 1 ~ - *~ ~~ ~ r' N L, ., ~ T' ? ~~ ~ _ x E; {: ~ ~~~ ~ r , , ~ as -~- ~ ~Po, ~ _ ~~ ~;~ . ~ ~ .. } 1 ! , ,..e. aK;~ --~ F~-~ _, Li ~ ~ ~ ~k~~ ~` ~ ~~ ` ~' ~'~ ~ ~ ~~ ~~ ~ ~x A..+.,. ? . i ~ 4~. ~ ~ ~ ~~ r _ `+ f S~ ~,+ ~~ -~ _ Fa ~ Y ~ ~~ ,. ~, .. , - - . r~ - - 4' - _ ' ~ ;- i s _ ~~ ,~ ~ ~~ ~ ~ ~ ~ `~ ~g _ ^~, 3~ _ ~ ~, ~. `: _ _ ,~ ,, e _ • . :~ s<. ~. Currerft Art & Jazz format Mav 19th i:ntertainmenE $3,350,00 Ughting (Rentals) ~'otal $x,000.00 Staging (Rentals) Total $1,470,00 City Qverfime/Barricade Rentals (estimated) $4,000.00 Design and Printing $714.00 Port-o-t.ets $280.00 City Permit $150,00 T[?TAE.. ~xpandituros $11,904.40 CRA Sponssrship $5,000.00 C3UA Sponsorship $2,0$3,00 New Sponsor (Geico) $2,fl04A0 Gar sponsor $2,000.flfl Hank Sponsor $2,040.40 TOTAL ReVENt1ES $13,083.40 Excess of Incar~e over Expenditures $1,1x3.40 Dpvmtovm Marketing Ccwpararivc 20t0~ti 19udgei ~',~t-Oi,q-1.1 Income Admintstratlan fOf Sponsorship Fees 417fl ::.-,:;:7;'47: CRA Partnership Fee 4150 °::~';~;'240,QQQ dHCC Partnership Fee 4130 S c31~0~#0. ODA Parrot ershlp Fee 4150 '~?~' Total Adnslnistration r:~8,@~,~97' Art & 3azrc an tits Avenue 862 CtL1 Partnership Fee 4150 :-i~'!• 70R44q, ddA Partnership Fee 4160 ~~:~'~..~17500~ i:Vent Sponsor ttev 4601 ~9}~$~ <:,,_ Total Art & Jazz on tl-e Avenue :ry:~¢,¢~$ July Fourth Getebratlons 865 ;~ GEy Parinershlp Fee 9194 ~.:'~~5ttigd. dDA ParGershsp Fee 41b0 , _,;~js).Qb Event Sponsor Rev 9601 97~Q4Q Total July Fourth Celebrattons :~ Y78,OlIp December Holidays & Flrsk Night 865 `.`: >5ty Partner5idp Fee 4 t40 ;;QQQ psaA Parfiershlp Fee 4154 ` '';:. I~~U4.: .~~:. Santa breakfast 4354 ~.:;:::;!1 . D. ,.~.;; Santa Photos 4355 ;~G,59.4. First Nigtst Buttons 4360 :. k_ :. ~; i ~s~;36,~Q4(j.. donations Receivers 4501 ~ ~;;~~OfgQO, Event Sponsor Rev 9601 ~~::~'~~~$~ Q82 ..e. f lerCiwndise Sales ~i605 .;r:?;~s`~17.~99 Total Dec Holidays & First Nlgttt ~~:~'':.~~2~4~~2 Summer Wtghks on the Avenue 671 - - dDA Partnership Fee 4160 _y.~X90. Event Sponsor Rev 4b4S -~ ~''$~Q Total SNOA ~otai Income ::~46~,79? Expensos Adnsinistratian i01 Salaries 5001 ,~. ' ~~5,5~1. Payroll Taxes 5101 ':` : ~'; _~'~f4,9$7 Unemployment Insurance SLOS ~ ~ ~`:l,736 Heaitit Insurance 5111 : ~:;':~~?S,~i15; PayroA Services 5125 '. ~ .'.~,`:.~c~4p. Coniract Services 6110 ~.` , X9,69© 3J9JT011 DDmitovrn htariceting Cooperative 20tU•11 Budget ~2Q1Q~~~,:',+ •:~suifQ~eF >;:: Rent 5124 •~:2,!~9Q. Retirement Fund 51 i7 -~-;~~? :;39,552. MeetingslCanferences 5121 .z'`°'~42QiT_. .. ~Ay.y..:.. Audlt£xpenses S2tli .;,A,~7l~}p, noes & Subscriptions 52U5 '^,`:~~~~~04. Web Sptxtsorstr3p Exp 5216 :~:=-a, :;'~6Q Office Supplies 5231 ~'`~`~' ~; ~0. ,•.. Printing & Stationary 5241 :., ,: ..,„'.0,$da: ~~:: Teleplwnes 5245 ';<~,p: insurance 534k '~1¢,~Q0 Workers` Compensation 5343 `. y.' Total Administration ~; 3QQ,3~~ Art & 3azx on fire Avenue tiG2 x__.__ r_; _ Ads, Marketing & Signage - Events 6141 `, ~'~: Contract Services 6110 .M1}3~ 532. ~. t]eslgn &TypeSetdng-Events 61k5 `:~>9,;§4.8 ::fr~:: a ; Equipment Rental /Lease 6125 :=:. -.pi ;: •`:~7~D,UQq: Event Fees 52t17 _ - ^i?~A6. htisceiiarteous Expenses - Events 6141 ~' "r.~~ ;932, PiwtographY&FilmExpenses- EYCnts 5145 ~~'-_:'~3;~.32 ~ ~,.-~. Supplies Purdtased -Events 6171 - '`. Travel, Meals & Meetings- Events 6175 '~'`=1~,'~~ Total Rrt & )axx on #re Avenue S`~~llfl 3uly Fourth Ceiebratforse 865 ';:<.~ ~~- ContractSe+vlces 61tp - ~,-53~Qp fiesign ~ Typesetting -Events 6115 `~ ti~-`f•~iQQO Equipment Rental /Lease 6125 ` 20,4$0. Supplies Purthased -Events 8171 ;~^~QU. Travel, Meats & Meetings -Events 6175 '' y~ Total 3uiy Fourth Cetebradons .~~77r400 pecambsr Holidays & First Night 866 ::~ Sales Tax Expenses 5322 ~.`~` :; ;.532 •«; First IVlght - rSty Reimbursable 8tl44 ~ '~~,5Q0. 1st Nite 8ul#ons -Said 6445 :~~'~t~. Ads, Marketing & S[gnage • Events 6141 i` ;~ ?;~,Ot1.0. Awards & Recognitions -Events 6145 .': ~ M1500~ '...~,. Contract Servfres 6114 .'::;.':$7,4f}0. t)esign & Typese#lln9 -Events 6115 :. ~~~~ ~~~ ~ 399 ...2i; EquipmentRental! vase 61x5 '~ :.~~6r49Q triiscettarteous txpenses • Events 6#41 ';';;~~, Photography & Ftm Expenses - Events 6k4S ' - _ :~' 5ft4 a191241t `' 0avrnt4vm MarkeGr3g CppperaUve 2014.11 Budget ::81tjIH0~::; Sales Expenses • Alereliancii5e 6161 .~.:.:',12~9$4. 5upptles Port#ased -Events 6171 ~ ?`(; 25,11Q8: Travel, Mea3s & Meetrngs -Events 6175 •' ~,~~`:7~SU4 Sponsarsh€p Expense 6190 >~..:~`;-,,QQ~. Focal Dec liol~ciays ~ Flrst NI9ht ~5.'~:~41~,5>~Z SumntCY Ptlg3rts on tha Avenue 871 Event Fees 52137 ~:: ~''~,,d49., Contract5ervlces 6iifl t ~: :..~.'~'3659_ l7esign & Typesetting • Events 6115 :` .~ 1;2,~3Q, Equipment Rental /Lease fi125 '~;~s,394, hits[eilaneousExpen5e5-Events 61Ai ~~<,5lJ4 l*iinting Expenses-Events G151 ~: `.:~~.~~. Total SH011 :~:° :i~i~tt.I90 Torsi Expenses :'~i'~:`..66_ 6~7 Excess of Income over Expedt[ures .,~ 4 60 ~~) 3/9/2011 lnfnrtn~tion STEn 'i; POpUt.ATION POPULATION of your contrltunity: 50,000 la g9,999 STEP 2: 7O7A~. EXPENSES (optional) Your Organization's TOTAL EXPENSES (please da net Ilse cartlmas): ~ 12000 STEh 3: TOTAI. ATTENl7ANCE (optional) TOTAL ATTEN€IANCE to your organization's arts events {again, do not itse commas}: 15fl00 calculate reset ~i'c~ta1 [=conc~lnic ilni>act Cif: Total l,xpl?rlClltllr'e5 tlousaholci t-acal Sfatrt F1~E Jobs tncalne GavertontattE Govorltutenf Rov~anuo l2evernte Nonprafit Rrls and Culture $12 000 0.4 $7,891 $409 $467 Organizations: , Nonprofit Arts and Culture 750 $339 9 $137,816 $13,495 $15,815 Audiences: } Total Industry Impact: $351 750 964 $16,282 707 $13 9.3 $145 (The Sscm of brganltalions and Audiences) , , , Print Your Results Please see the fine vrinl belovr. !:)efirtifiiotts Total Expenditures: The total dollars sp8rtt by your nonprofit arts and culture organization artd ifs atdiences; avanE retated spending by arcs and culture audiences is estimated using the avorago dollars spent per person by arts event allertdees in sirniiarly populated GOt1lrFitrrlitleS. Back to Calculator. - ITTEJogs: The total number of full-time equivalsitt (t"TE) Jobs In your community that are supported by the expenditures made by your arts and culture arganizalian andlot its audiences, An FTE Dart be one full-time employee, two half-finis employees, foar employees who work gtratter-tints. etc. aacl~ o Calculator Flonsaholct hlcotne: The total dollars paid to corrtmunlty residents as a rosult of tho oxpandilu;es made ny your arts and culture organization andbr its audiences. fiousehoid inconl8 includes salaries, wages, and proprietary intents. Back to ~Jculator Governntertt Revenue: The total dollars received by your total and state cJovernments (e.g., iiconsa fees, taxes) as a rescllt of the sxponditt.lres rttade by yaur arts and culture arganiza#ion andlor ifs audiences. Bank to Calcula#or ilVlten usirtg estimates derived from this calculator, always keep the lollowl»g caveats in mind: (lithe res!!1!s a! thts analysis are based upon the averi3ges of similarly populated cammunilles, (2j input/output models were customized for each at these similarly populated cammunitles, providing very specific ernptaymonl, household iricame, and government revenue data. and t3} your results are therefore estimates, and should not be used as a subslltute far conducting an ecnnpntlc irltpact study Ihaf is customized for your rnmmunlty. ~ c',opyright 2007 by Anterlcans for the Arts. www.Arrtert n forTheArts.orct MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF APRIL 5, 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 March 14, 2011 through April 1, 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 Planning and Zoning Board Meeting of March 21, 2011 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (6 to 0, Al Jacquet absent), of a final plat approval for Franklin at Delray Beach, located on the west side of South Federal Highway, between SW 10th Street and Linton Boulevard and immediately north of the Plaza at Delray. B. Recommended approval (6 to 0), of a City-initiated amendment to the Land Development Regulations, by amending Section 4.6.9 "Off-Street Parking Regulations", Subsection 4.6.9(E)(3) "In- Lieu Fee" as it pertains to the Pineapple Grove Main Street (Expanded) Neighborhood Area. C. Recommended approval (5 to 1, John Miller dissenting), of aCity-initiated amendment to the Land Development Regulations by amending Section 7.9.11 `Boatlifts" to clarify setback requirements. Other Items: D. Acknowledged on a 6 to 0 vote, the public infrastructure recommendations recorded at the 2011 Annual Citizen's Roundtable meeting and recommend they be evaluated for potential inclusion in the upcoming Capital Improvement Plan (CIP). Site Plan Review and A~earance Board Meeting of March 23, 2011 1. Approved with conditions (5 to 0, Shane Ames and Scott Porten absent), a Class I site plan modification, associated with the installation of an awning for Solita, an existing restaurant located within the Ocean City Lumber property on the east side of Pineapple Grove Way (NE 2nd Avenue), north of East Atlantic Avenue (25 NE 2nd Avenue). 2. Approved with conditions (5 to 0), a Class II site plan modification and architectural elevations associated with the expansion of the second floor score-keeping area, addition of a stair and elevator tower and interior and exterior renovations of the PompeyPark Concession Stand Building, located at the northwest corner of Martin Luther King Jr. Drive (NW 2nd Street) and NW 10th Avenue. 3. Approved with conditions (5 to 0), a Class II site plan, architectural elevation plan and landscape plan associated with Totterdale Towing Facility with outside vehicle storage which includes renovating an existing building, the installation of a 14-space parking lot, a vehicle transfer area, and the installation of attendant landscaping. The subject site is located at the northeast corner of NW 18th Avenue and NW 1st Street. (lO1NW 18th Avenue). 4. Tabled (5 to 0), a Class II site plan modification request associated with a waiver to the photometric plan and the relocation of two required parking spaces with attendant landscaping upgrades for Europcar, located at the southwest corner of SE 4th Street and the FEC Railroad (100 SE 4th Street). 5. Approved with conditions (4 to 0, Rustem Kupi stepped down), a Class I site plan modification associated with architectural elevation changes to an existing restaurant building for Burger~i, located on the west side of Ocean Boulevard, south of East Atlantic Avenue (6 South Ocean Boulevard). 6. Approved (5 to 0), a Class II site plan modification associated with enclosing the stairwell and adding a second floor balcony with new roof, glass windows, doors, awning and railings for Boston's Restaurant, located on the west side of South Ocean Boulevard, south of East Atlantic Avenue (40 South Ocean Boulevard). 7. Approved with conditions (5 to 0), a Class III site plan modification associated with the conversion of a warehouse to an auto body repair and paint shop for German Auto World, located on the north side of West Atlantic Avenue, west of Congress Avenue (2165 West Atlantic Avenue). Historic Preservation Board Meeting of March 16, 2011 8. Approved with conditions (3 to 1, Roger Cope dissenting and Annette Smith, Pam Reeder and Annie Roof absent), a request for a Certificate of Appropriateness associated with alterations and additions to a contributing structure including a change of roof material and conversion of a carport to a garage for 134 SE 7th Avenue, Marina Historic District. 9. Approved (3 to 1, Dan Sloan dissenting), a request for a Certificate of Appropriateness associated with alterations to the garage and porte-cochere of anon-contributing structure including the addition of approximately 315 square feet for 112 Dixie Boulevard, Del-Ida Park Historic District. 10. Approved with conditions (4 to 0), a request for a Certificate of Appropriateness associated with alterations, additions, demolitions and additional site improvements for a contributing structure for 55 SE 7th Avenue, Marina Historic District. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' APRIL 5 2011 ~ z~ ~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SP~4A8: HPB: 1. SOLITA 5. 6UP,GER FI 8. 134 SE 7TH AVENUE 2. POlt,1PEY PARK CONCESSION STAND 6. BOSTON'S RESTAURANT 9. 112 DIXIE BOULEVARD ;. TOTTERDALE TOWING FACILITY 7. GERf~~AN AUTO WORLD 10. 55 SE 7TH AVENUE -1_ FUR~_~PCAR -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\4-5-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Maintenance Superintendent Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 15, 2011 SUBJECT: AGENDA ITEM 8.K.1 -REGULAR COMMISSION MEETING OF APRIL 5, 2011 BID AWARD/ GARBER CHEVROLET ITEM BEFORE COMMISSION This item is before the Commission to approve a vehicle purchase award, using the current Florida Sheriffs Association contract, to Garber Chevrolet for one (1) Chevrolet Impala for a total price of $22,510. BACKGROUND This purchase will provide a replacement pursuit vehicle for vehicle #1809 which was a total loss as a result of an accident. The base purchase price is $19,046.00 with the following options: 1. Delete full size spare tire,($45) ;add third key, $38; add temporary tag, $6; add 5/75 Extended Warranty,$3,465 for a total price of $22,510. FUNDING SOURCE Funding is available from account code 501-3312-591-64.20 RECOMMENDATION City Garage recommends the purchase of the Impala as a police patrol supervisor's car, to be assigned to a Road Sergeant. ~, ~~~~ - t:. , ~~ ` COU~'t'itcS ~~~~." e .lgd6nw fToridrt ~`LORIDA SH~RYI+`I'S ASSOC~AT~ON, ~`LORIUA ASSOC~.A.TZON OF COUNTIES & T'LORIDA I+'.IRL CHIEFS' ASSOCIATION Z+`TJT_,~ SX~I'1 P~JRSUITV~I{11~-I1I~C, YL~Iy~Si- ~(~"4~VT jD~ (POLICI~~ PACI~AGI'1) SI ~L~1' 1l.ArAt~lll.`I 1f'~ 20X1 Chtr~ralet Ytnpala (1'4'VS1919C1.) Tito Chevrolet Gtapala (1 tiVS t9I9C1 } purchased throttgEt iltis contract comes with all tlt+a stanclarcl equipment as specified by the ntatttsfactarer for this utodaf and FSA's base vehicle sl}eelfieation{s} regnlrentettts which are included and tuade a part of iltis cantraeYs vehicle ttase prico as awarctcd by specilication by zoate. ZQNE; * 1Vestertt * NorOtcrtt ,t Central * Satttltertt t3ASE PR[CE; ~19,p4G,0© ~f9,(}4G,t14 $19,O~G.00 ~19,Q46.(t0 1Vhilo rite Florida Slterifl's Assooiatiott, l~lorida Association of Catutties and Florida Ttirc Chiefs' Association have attempted to identify attd ittclttde those equipment items tttost often requested by ]tartiolpalittg agencies for fall size vchielas, wo rcafixe egnipmettt needs and preferences are going to very frattt agcstcy to agency. In stn effort to incorporate flexibility into our pragratu, eve have created spcoitic addldele[© options wlticlt al[oev kite purahascr to tailor the vehicle to tl-air particular wants or needs. The follo~vittg equiptent delete attd add options and their related east are provided here to assist yrou Jn approxhttaiing the total cost of rho type vehicle(s) yott wish to order through rifts program, Simply deduct tiro cost ofany of the foltowlttg cgttipment items yott wish deleted front fire base unit cost attdlor add the cost ot`any equipment itetns yott wish added to the base unit cost to determine the approximate cost of the type velticte(s) you wish to order, NE7TE: Att official fisting of all aclcilclelcte options attd their prices shonlcl Ge obtained front the appropriate dealer in your zone wltett prcparlttg your order. Additional addlclelt;ta options other than those listed here may be available htrouglt the dealers, ltowcvcr, those listed here sttust be ltottared fry rise dealers ht your zatte at tiro statod prices. Bid Arz~ard ~lrtnotuteerttertt (x0-X8-0;307) x86 YFHICL,I1: lropala{i1VS19f9Cf) IEnpala(11V519f9CE) lntpala{11VS19/9C1} Intpnln(IWS1919Ct) BALI'=i2: G~rl~er CitevroEet 13uick Garber Chevrolet I3ttick Garber Chevrolet 8ttick Grtr(tcr Chevrolet Buick GMG Trttck, Giv1C Truck, GMC Truck, GMC Truck, lire. Iltc, Itta. Btc• 7.ON~, ~` Western *Northcrtt * Celttral ~Sauthern 13ASI;PI2ICIa: 519,046,00 519,046.00 Si 9,046.00 $19,046.00 Order Caftc Delclc Opllons All Zones (6C7) t 5" round dame latttp (54S,0b)t {7X6} t Left ltatut plllnr ntountetl G" spotlight with clear ltalagen bulb ($45.00)' {1386) t Body silo lttouldings ($45,00 t (N81} t Foil size sltara lira Rc rint ($45.00)t Ortiar Cadc Atld Qltttotts Ali zoncs iPlease re>`'ex to ~a>r~ >3 -- lmaxgenay Vehicle I,a.ghi;irtg SpeaiFiGations foac light:bar dosaripi~ioltia and the awarded dealer priainq, S'1'ta t Priority slartlbatfery saver ,, Stdt ADDiT(~~Yrtr.PRQ~lfitl'YRfQNl1"YSTifRTlSS196.Od t Al'3 t Factory rentotc angilte start 5190.OOt INCLtIDeD )f'1TH Url6 t KSKID' Skid pieta $277.00' 7X7 t Leif R right-Rand pillar tnaunted 6" spotlight with ear halogen btlib, factory $SGS.OOt installed Surveilfancc mode st~~itch -- blackattt stvitclt NA Hall in roaf~ (drilled nn ceuterlilte of roof panaE approx, 29" raartivard of NC !S'IlldSlliCtd openiEtg) I~Iole iu roofs (drilled an passettgar silo of raaf pttnol approx. 29" rearward of NC ~viltdshickl opening Rc approx, 6" iltboard Fialtt passenger side door) GJ3 t Wlriug - grille lamps & spealter 590.00' `VX7 t Wiring -auxiliary spcaicar SSS.00' GC8 i Wirhtg -Coaxial ratila a11lC1Nta Sss,ao' 6l4 t Wiring - itornisiren circuit 535,00' KTGFS t Wiring - roaf~vires $209.00' ~Viriog - igniliott and main power supply Std TRGIYICQ ! Trelnco anti-theft - foot activated, dealer installed 5196.00E SAP-ST ! SafeStop vclticla anti-than -key activated or emergency lights activated, $196,00t piug~~.-pia}= for Euast Portl anti Gf-evy fleet vehlolas, tlcalcr iEtstallad in 20 ntiltutes or lass tv1AG ! Realtargeable mag light $136,04' R~'ItSI3S-11ti9P03 ! Ready Bttckte Prisoner Restraint Scat 13c1t System - Cltavrolct Impala 5530,00' I;PR1S t Plastic fiber rear sent $569,OD' K012-t t ! Auxiliary equipment tray 52S2AOt ~3id flwar<I Anrtouneernent (Y 0-I8.0907) Z87 i'EHICY,IJ: I)I~ALI:R: zor#1:: I3r1S)1 PRICE: KNVI,SS ~ 7YG I GJG i K016 I 6NG•dB2 t DEALER-GNG-GI32 I GNS t I~)aEP TENT 1 KEY1 I 6 E2 I AMFt KSTR ~ 9C3 t I33a t UAG I Keyed alike G additional rcn,otes (fled keyless cnlry) Ite}oca#ion of foil size spare lire Uttdereover ppliec package with front bench seat Ploor nets Factory afarnt lh'Cl.UpGSAP3 t A98 I Iggiiio,t control Irttnk rclcnsc VS I Veni visors -stick-an stylo Rninsbiclds -flange style K1Vf3AIt-KDOOR-KIaMGI.OC I Door blank Sc rear window barriers with n,attual lock override (Selina, Pra-Gard, Cruisers or approved er[uivalcttt) LGC t Locking gas cap LPL I T~YO-torso paint SCflE.ifE fr 1 }}C l[} t CInSS III hliCll LY1tI, 2" hall, clcaler hts#alied KC7}SK t bull bait-on \viteel covers NPT t Nitrogen filled tires iitcludittg spare lire pg} I Factory rear spoiler p(IS t htuttobilizc day#inte running 1igl,ts HCON•COA•I t Optional ec}uip,nent • s},ecify HAI?SCQ,1'SOLi;dNDCOdIPflT~'RST,{11`D t UNITY G I Opiional equipment -specify, 6"I,tit7F.',LfSPOTLiCrHTD.SAGkRINS1'RLLF.D t HARNESS ~ Optional cgttiptncnt-specify' tt'IRG\'C3 H.IRNF.SS i4'1 ~'NQUfCK DISCON,i'RC7'S t IE3~pala (IWS19~9C1) Garber Cltevroict I3nick GMC Truck, iE,C. * Western S l 9,Qa G.00 ht,paln (i1',tS t919C I) Garber Cltevrotef 13nick GMC Truck, Inc. *Nar#hern ~i~,oaG.oo ]Enpa la (I'~VS 19~9c! ) Garber Chevrolet Buick GMC Truck, Ine. ~ Central $19,©aGA0 Night saver liglti Cour#es}' ligltf disabted Rear panel 1an,ps Under hood lamp Short shill sever Rear door locks & bandits Inoperaiive Rehr door locks S~ handles ino},erativc, deaior tnodi0oa#iott hear ivh,dows lnoperativc Legal deep tinted flint, lifctltne warranty, rfealcr installed Tltlyd key _. • .. . Impala (i1~°S 1919C1) Garber Chevrale# IitEick GIViC Truck, InC. * Soullrern S 19,DaG.00 ~ 100.00' NCI ~z~lo.©o' $$8.00 t NA $55.00' $55.00' X35.001 hw e~ nn t a7S.001 $99.001 NCt ~a80.00 t X295.00 # Sfdt ~9G.©0 # NA S9a1.00t ~2G.00 t $1,a9S.00t ~29G.00' $I IG.ODi $9G.00 I $275.001 NCt X892.001 X285,001 ~a39G.001 B{d Award Artrrarrncemeszt (XQ•18.09O7) X88 V>;IiICI,I;; impnln(I~,VS19l9C1) hupaia(IIVS1919Ci) I~upnla(11YS1919C1) hnpnla{11VS19/9Cl) I)1;~LL1;R; Garber Cl-evroiet Buick Garber Chevrolet Bnlclt Gnrbcr Clrcvrolet Buick Garber ChevroleE Buick Gi14C Trtlck, GkfC Truck, GMC Trrrck, GMC Truck, lnc, 1uc, Inc. Irtc, GGl~i;, * llrester+~ '`Npriltern * Central *Santhem BASI;I'RICL: S19,O~IG.00 $19,O~tGAO $19,fl4G.00 ~19,0~IG.00 DECAL PKG ~ Optiortnl equipment - specify $3~IG.gOr 11ASF,'DECdLP,ICKdCE t Qplicrtal equip}tteut -specify NA SPC3-12 t Setinn PBIOOAI2-12" Aluntlntrm Push Bumper ~39G.OOt SPS-IG t Setinn P13100AIG- IG"Aluntintmt Ptrslr Bumper ~~13G.OOt SP[3-300 ~ Setinn PR300 Push Bumper $~I36A0t GIZ,S t Go Ithlna 5000 Series Puslt 13rrrrtpers $d3G,fl0 t L,S3P t Rear Transport SeaE - Lagtata Systcru 3P ,~G96.00 t PGG000 t Itenr Transport Sent -Pro Gard G000 Series ~5~! I,00 t PCivl012 r Rcnr'I`ransport Sent-Cruiser PCMOl2 $S~lI,OOt PSI-1 t RcarTrauslaortSent~villrer•tendedseatbelt--PafrlotPSCVI SSRiI,00t S-l OS t Setinn If10 Series Leann Cage with sliciirtg window, full widtir laver axlension $S1GADt }taucl, dealer installed S-8S t ,SeNun 83 Lexnrr cage wlth 112 lcxan and I{2 expanded utetal whir ftQl lawor ~7SG,OOt oxlcuslan panel, clealcr installed PG2G r Pro-Gard P2G00 Series Pofyoarbortate (Leann) Cage ~vitlt sliding ~vindoev, full S81G,OOt width lower extension panel, dealer htstalled PT VPt20 t Patriot VP1-124 Lexan cnge with 112 lexan and 1J2 metal whit fall lower ~756,OOt ©xfensiort panel, dealer inslnllecl PT VP100 t Pairiol VP1-100 all Lexnrr cage with full lover extension pnrrel, deaiar installed $79G.ODt CC 112 t Cruisers Cage witlt 1!2 sllcling lexnrt, lower extension panels, dealer installed $79G.OO t CCL t Cruisers Cage tt~illt center sliding lexan, lower exleitsian pearls, doalcr ittstnlled ~79G.OOt CCM t .Cruisers Cagv tvhlr nraslt, lover extertsiort panels, dealer installed ~79G.OOt KCAMU ~ iC~9 Cofttainer, All allrrllirlirFtt Iri-Velllcle (rear Scat aTCn) K-~ C4lttalrter !O proteC! $}i,G85.0Dr t11C })trl)lic, OI•t1CCr, K-9, and vehicle. Please specify vchiofc year, make and model, Call for instailntlon, sh[pping, nrtdlor delivery Ix'ices, Ih'G'LUDF.S RUR1iRR h/.fRT ~ KCAi~DQR r Eleclronlc Rcutate Rear Daar Qpening systeut !0 6e used with the K-9 Contnlner. S3,OG3,OOt Aliatvs the officer to release the K-9 fra~n the vehicle from n remote position. ' KCAi~fCOL ~ Heat Alarm System to be used ht a fC-9 ve}title, IVarns officer when dangerously a9g4,00t Etiglt temperatures aro iitsida the vehicle. hVCI.UDF.S PAG&R t Tentpprary tag $G,00 'I'rnnsfer cxistirtg regislrntiort {must provide tng number) dal DS.Ofl Ne~v state tag (specify stale, county, city, slterlff, etc,) $129.00 DStvl ~ Complete set of shop ntntnrals QNLY $325,OOt MAft7RGUARD r ~Varrauty -specify $3,885,Oflt S/IQd 0 t?E©UCF t ~ici Atuar•d Artnorinaerttertt fI0.18.Or307) Y89 ~');HICLL: In3I3a1€3{11VS19/9Ci) In3pala(i1VSI9/9C1) ln3paln(11VS19I9C1) Iut~aln(1tiYS19/~1C1) DEAI.CCt; Garl3nr Cllcvrolet Btlfck Garl3er Chevrolet R31iok Gari3nr Cf3evrolet Buick Gamer C13nvralet f3tlick Gf~iC Tr3:ck, GMC Trunk, GMC Tr13ck, GikSC Trsck, I11C. It3n. II3G. I13C, `LO1~fR; * 1Vesterl3 "1~larthertt ~ Cnlltral '~ S©uthnn3 I3ASI;PRICI;: a~i9,04G.00 $19,016.00 $19,06.00 $E9,fl~4G.00 MAJORGUARD 3 ~Varrauty - sl3eoify $3,46SAOE 3/7S D ph'flUCT 3 MAJdItGUARD 3 1Vrlrrel3ty - sltncil'y ~4,235AOE 6irao 0 o~z~ucr ~ Bid A:uczr•d Arlnouncernertt (I O•I8.OB07) I90 MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 8.K.2 -REGULAR COMMISSION MEETING OF APRIL 5, 2011 CONTRACT AWARD/ SCS ENGINEERS ITEM BEFORE COMMISSION Staff requests approval of an agreement with SCS Engineers in the amount of $25,742 for preparation of construction documents and specifications for the installation of improvements and equipment for mitigation of combustible gases at the Robert P. Miller Park facilities. BACKGROUND During construction of the Robert P. Miller Park Improvement project, as a result of the property's former use as a solid waste disposal site, a significantly higher volume of unsuitable subsurface material was encountered than was initially anticipated . In view of the disturbance and removal of this material to accommodate site construction and particularly building construction, the City's engineering consultant recommended installation of strategically placed sampling points to monitor for the presence of any combustible gases that may have resulted. Over the course of the monitoring period, one of the sample points at the main two story concession/press box building reflected consistently high levels of methane, a combustible gas generally associated with waste disposal sites. Based on the described sampling results and a recommendation from the project consultant, SCS Engineering was retained in September of 2010 for a fee of $12,440 to perform a more extensive sampling protocol over the constructed project and provide a report of findings (see attachment). Report recommendations are listed in Section 4 of the document and include installation of positive venting systems in the new buildings as well as automatic gas detection equipment, warning signage, additional sampling probes at the Miracle League concession building, utility trench gas barriers and a powered subsurface venting system at the two story concession building. The total preliminary estimated implementation cost for all recommendations is $224,700. Of that cost, $125,000 is estimated for the powered subsurface venting system at the two story concession building. The scope for design of that mitigation component is not included in this proposal. Staff recommends that the remaining recommendations be implemented and, once operational, be used to monitor for the future need for the subsurface venting system This reduces the preliminary construction estimate to roughly $100,000, which will be refined upon completion of systems design. SCS Engineering was solicited for this work because of their knowledge of the site based on their previous work. CCNA requirements do not apply to this project since the estimated construction value is below the statutory threshold of $325,000. The scope of services includes supplemental subsurface sampling at the Miracle League concession building, design of all mitigation system components (exclusive of the subsurface venting system) including preparation of construction plans and specifications, final engineering estimate of cost, bidding and negotiation services and limited construction administration services. The total professional fee for the described scope is $25,742. FUNDING SOURCE Funding is available in account #334-4173-572-63.90, Other Improvements, Miller Park, after budget transfer. RECOMMENDATION Staff recommends approval of the agreement with SCS Engineers. IIIllllllllll,,, ~ ~, , ~„ , , , ~~~~ ~~ ~ ~~ ~ ~~ .~_ ~~--_ ,~ - ~~ r ~ u~~ ~; = t ' ~ ~~ '~ ~ ~~ ~,:~ ~~ ~'~~ . ~~ iY ~" t ~t~~~z~ Supplemental Combustible Gas Investigation and Preliminary Mitigation Recommendations Miller Park, Florida Presented to: 100 NW 1st Avenue Delray Beach, Florida 33444 (561) 243-7000 Presented by: SCS ENGINEERS 4041 Park Oaks Blvd. Suite 100 Tampa, Florida 33610 (813) 621-0080 December 2, 2010 File No. 09210035.00 Offices Nationwide www.scsengineers.com ~~ c~ ~ ~ ~ a ~ T I ~ ~~~~ Miller Park Combustible Gas Investigation Supplemental Combustible Gas Investigation and Preliminary Mitigation Recommendations Miller Park, Florida Presented to: City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Presented by: SCS ENGINEERS 4041 Park Oaks Blvd. Suite 100 Tampa, Florida 33610 (813) 621-0080 December 2, 2010 File No. 09210035.00 Miller Park Combustible Gas Investigation Table of Contents Section Page 1 Background .............................................................................................................................................1 Introduction ............................................................................................................................................... l Characteristics of Landfill Gas .............................................................................................................1 Regulatory Considerations ....................................................................................................................2 2 Findings ....................................................................................................................................................3 Subsurface Gas Sampling .....................................................................................................................3 Existing Gas Probes .....................................................................................................................3 Supplemental Gas Probes .........................................................................................................3 Subsurface Gas Concentrations ................................................................................................4 Other Areas ...............................................................................................................................10 Former Concession Bldg. (Demolished) ........................................................................1 0 Building Interiors .............................................................................................................1 0 Stormwater Junction Box ...............................................................................................1 1 Subsurface Pressure ........................................................................................................ l 1 Preliminary Safety Risk Assessment .................................................................................................. l 1 Considerations and Factors ..................................................................................................... l 1 3 Conclusions ............................................................................................................................................14 Subsurface Gas Hazard .....................................................................................................................14 Safety Risk Assessment .......................................................................................................................15 Protective Measures ............................................................................................................................15 4 Recommendations ................................................................................................................................16 Building Protective Measures ............................................................................................................. l b Little League Building ............................................................................................................... l b Subsurface Venting System ........................................................................................... 16 Automatic Gas Detectors ............................................................................................... 16 Signage ............................................................................................................................ l b Other ................................................................................................................................ l b Storage Building ....................................................................................................................... 16 Ventilation Fans ............................................................................................................... l b Automatic Gas Detectors ............................................................................................... 17 Signage ............................................................................................................................ 17 Miracle League Building .......................................................................................................... 17 Subsurface Venting System ........................................................................................... 17 Automatic Gas Detectors ............................................................................................... 17 Signage ............................................................................................................................ 17 Other ................................................................................................................................ 18 Miller Park Combustible Gas Investigation Protective Measures at Other Areas ................................................................................................18 Dugouts .......................................................................................................................................18 Tubular Steel Posts ....................................................................................................................18 Portable Grill ............................................................................................................................. l 8 Electrical Control Devices ........................................................................................................18 Utility Trench .............................................................................................................................. 1 9 Site Safety Guidelines ........................................................................................................................19 Hazard Awareness Notification .............................................................................................19 Estimate of Cost for Protective Measures ........................................................................................19 List of Figures No. Page Figure 1 Proposed Subsurface Gas Measurement Locations, Miller Park, Delray Beach, FL........5 Figure 2 Subsurface Gas Probes -Miracle League Bldg., Miller Park, Delray Beach, FL ............ b Figure 3 Subsurface Gas Probes -Little League Bldg., Miller Park, Delray Beach, FL .................. 7 Figure 4 Subsurface Gas Probes -Equipment Storage Bldg., Miller Park, Delray Beach, FL...... 8 Figure 5 Subsurface Gas Probes -Underground Piping at 4'" Avenue, Miller Park, Delray Beach, FL ....................................................................................................................................... 9 List of Tables No. Page Table 1. Locations Where Combustible Gas In Probe Equal to Greater Than 25% of the LEL -Miller Park, Delray Beach, FL - Sept.23 and 24, 2010 .........................................10 Table 2. Severity Definition ....................................................................................................................12 Table 3. Probability of Occurrence Definition ....................................................................................12 Table 4. Degree of Risk ...........................................................................................................................13 Table 5. Risk Score and Levels ...............................................................................................................13 Table b. Preliminary Cost Estimate -Subsurface Gas Controls and Improvements - Miller Park, Delray Beach, FL .................................................................................................20 Appendices Appendix A Measurements From Subsurface Probes Appendix B Drawings Miller Park Combustible Gas Investigation BACKGROUND INTRODUCTION The City constructed its primary recreational baseball complex over a former municipal waste disposal site back in the 1980s. The complex was recently renovated and renamed Miller Park with the addition of several buildings; underground water, sewer and storm drain utilities; new ball fields; and other park amenities. The park covers about 21 acres and is located at 1905 S.W. 4th Avenue, just southwest of the intersection of Linton Blvd. and So. Dixie Highway. The new buildings are slab on-grade construction with a 6-mil vapor barrier installed under the floor slab and load bearing walls supported on wall footings. The Little League building has an elevator shaft that extends some 5 feet below the floor level. There are no combustible gas controls or barriers associated with the buildings. As part of the new building construction, subsurface monitoring probes were installed next to the foundations of the Little League Building, Storage Building and Miracle League Building. These probes were designed to allow the City to make spot checks for the existence of combustible gas. Landfills are a source of combustible gas and can produce combustible gas for decades after they are closed. A consultant to the City has been periodically sampling the probes at the new buildings since late April of this year. One of two probes (VW-4) at the Little League building has consistently shown in four separate samplings over a roughly 30 day period, the presence of combustible gas in concentrations of concern. A probe at the Equipment building had a detection of combustible gas, but it was well below the level of concern. The consultant also had sampled the airspace in the three buildings and has not detected combustible gas. CHARACTERISTICS OF LANDFILL GAS Combustible gas in landfills is most commonly a mixture of methane and carbon dioxide gases. Because of the methane component it can pose an explosion hazard under certain conditions to buildings on the landfill as well as potential migration through utility trenches and an off-site hazard where those pipes exit the property. The lower explosive limit (LEL) of methane is approximately 5%. Methane is potentially explosive if it accumulates in a concentration from 5% to 15% and an ignition source is present. Depending on the concentration of methane and carbon dioxide, the mixture may be lighter than normal air and would tend to rise if unimpeded. However, as the landfill ages and the waste decomposition rate declines, the respective percentage of methane and carbon dioxide can change with methane declining and carbon dioxide increasing. In that case the mixture can be slightly heavier than normal air and would not tend to rise. Migration of combustible gas from landfills depends on many factors, but most commonly is driven by diffusion (i.e., tendency to move from high concentration to lower concentration), convection (i.e., tendency to move from higher pressure to lower pressure) and permeability Miller Park Combustible Gas Investigation aspects associated with the soil surrounding the landfill and the material used to cover and cap the landfill. The gas will move more easily through materials with higher permeability. REGULATORY CONSIDERATIONS Since 2001 the Florida Department of Environmental Protection (FDEP) has had written guidance for the disturbance and use of closed solid waste disposal areas ~'~. This was prepared to manage the environmental impacts and health and safety issues arising from construction near or over them. The guidance does not create a rule or standard. A summary of recommendations contained in the guidance that are relevant to the presence of combustible gas detected at Miller Park includes: • any structures located on the disposal area which could impact by combustible gas should be designed with good ventilation and explosion-proof electrical wiring. • enclosed ground-level and underground structures should be avoided unless designed with adequate protection against gas explosions. • combustible gases must not exceed 25% of their LEL in structures. • underground utilities placed across waste-filled areas. A properly located gas barrier or ventilation system must be placed at each waste boundary which is crossed b the utility line to prevent the gas mixtures form migration along the utility line to off-site structures. Miller Park Combustible Gas Investigation 2 FINDINGS SUBSURFACE GAS SAMPLING Existing Gas Probes The City installed two permanent gas probes each, at the edge of the three new buildings; Little League, Miracle League and the Equipment Storage. Sampling of those probes over the past year indicated the presence of combustible gas in at least one or more sampling events. The gas concentration was greater than the LEL of methane at the Little League building. Supplemental Gas Probes SCS expanded upon the initial testing described above for the presence of combustible gas. SCS constructed 14 temporary probes out of 3/4-inch diameter solid wall PVC pipe. Each probe was 7 feet long. One end had multiple slots cut into the pipe to provide a 1-1/2 ft. long screened section. The top of the probe was sealed with a cap that was tapped with a sampling port and plug. The bottom of the probe was capped. Probes were installed with the use of a hydraulic steel punch mounted on a truck (i.e., a geoprobe). At each probe location a 6 ft. deep and 1-inch diameter hole was advanced with the punch. The punch was withdrawn and the sampling probe inserted into the hole to the bottom. This left about 18 inches of the probe aboveground. The annular space between the probe and hole was filled with sand to grade to reduce potential for ambient air intrusion. The probes were typically left undisturbed for approximately one hour before sampling. A total of 25 probe locations were used. Thus, some of probes installed at the beginning of the work were removed after they were sampled and if not damaged, reused in holes drilled later on. SCS used a VRAE PGM 7800 combustible gas sampling meter with a digital readout that indicates the percent of the LEL detected, up to 100% of the LEL (i.e., corresponding to approximately 5 % methane). The readings are automatically stored in memory. The meter has a small integral pump that pulls the sample through the sampling tube. Sampling tube was 3/8- inch clear plastic tubing. The meter was calibrated before the start of the assessment. To sample a probe, the plug was removed from the sampling port and the meter suction tube connected securely. The meter typically stayed connected for a few minutes to see if gas was detected. The meter was disconnected once it appeared that the gas reading had stabilized. Sampling probe locations were selected to include enclosed buildings and where underground water and sewer utility lines installed during the renovation continued off the Park limits. If the area around the building was surfaced with concrete or asphalt, the probes were installed in the closest planter area or in the ball field clay. Otherwise the probes were installed as close as possible to the building. Utility pipe alignment was marked on the ground and probes installed a few feet off the line in grassed or planter areas as close to 4th Avenue as possible. Miller Park Combustible Gas Investigation Subsurface sampling activities were conducted on September 23rd and 24th. Once sampling activities were completed all probes were removed and the holes filled to grade with bagged sand or soil. Subsurface Gas Concentrations Probes were installed by SCS near the following buildings and other locations; • Little League Building (i.e., 2-story concession); Probe Nos. lA, 1B, 2A, 2B, 3A, 3B, 4A, 4B and 4B-1. • Miracle League Building; Probe Nos. 13A, 13B, 13B-1 and 14. • Storage Building; Probe Nos. SS, SS-1, SW, SE and SN. • Former Concession Stand (Little Fenway); Probe No.6 • At five locations where new buried water or sewer pipelines continued off the Park limits. The protective boxes of two existing probes installed during construction of the Equipment and Miracle League buildings held standing water and were not measured. Figure 1-5 below indicates the approximate locations of the all probes. The complete results of the gas sampling from these probes is provided in Appendix A. A summary of the data results is as follows. Table 1 below summarizes probes where the combustible gas concentration was equal to or greater than 25% of the LEL. L L 7wi ~~,~:-;:u}y pue ~ / W°H°Palw!N ~+~~ N'~ld 31151~N29~~10 zva~ooz rorv naacaa~ H~v~e haa~3a ~©ui~ k10~ ~131b'd AJ3~~7~W -.~ (] t ~ ~ , ~.~~ , ~ ~ ~ ~ tt. 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I~ ++ w~ ~~ ---- ~ ~~ ~, _.~ F _ ~ I ,~ f,r^` 4 """..~~ . ~ ~° i ~ ~ ~ '~! 1+' a. ~ ~ ""~ T' .~ ~ ~' "' ~ ~ ~ ~ Wi r I ~ J LL s V a m m a m D a a m m a~ a 0 N C m .~ W N d a a m V a N d L Miller Park Combustible Gas Investigation Figure 5. Subsurface Gas Probes - Underground Piping at 4th Avenue, Miller Park, Delray Beach, FL 9 Miller Park Combustible Gas Investigation Table 1. Locations Where Combustible Gas In Probe Equal to Greater Than 25% of the LEL -Miller Park, Delray Beach, FL - Sept.23 and 24, 2010 Location or Nearest Probe No. Highest Reading ~~~ Structure Little League Building N.E. Corner 34.1 (Sept. 23) and 100 on (Sept. 24) Little League Building 4A 100 Little League Building 4B 100 Little League Building 4B-1 100 Equipment Building 5S 100 Equipment Building 5S-1 100 Buried pipeline 9 31.7 Miracle League Building 13-B 100 Equipment Storage Building 5S 100 Equipment Storage Building 5S-1 100 ~>> Readings in "% of the LEL". Readings taken in ambient air on Sept. 23 and 24 were 0.0 Other Areas Former Concession Bldg. (demolished) SCS installed a probe, TGP-6, in the sandy area that was left after the demolition of the former concession building. No gas was detected. Building Interiors With the assistance of the City's site manager, SCS observed the following areas and performed atmospheric sampling; Equipment Storage -the western and middle storage bay were observed. Atmospheric testing did not indicate levels above 0 for LEL, hydrogen sulfide (HzS), or carbon monoxide (CO) and 20.9% for Oxygen. The eastern most bay was not accessible during the assessment, as this area is controlled by the baseball academy. The other two bays are used for facilities maintenance equipment and storage. to Miller Park Combustible Gas Investigation Little Lea u~ e Bldg. -collected gas readings within all areas accessible from the ground floor only. This includes the elevator shaft, kitchen area, storage rooms, bathrooms, and offices. Atmospheric testing did not indicate levels above 0 for LEL, H2S, or CO and 20.9% for Oxygen, except for the concession stand kitchen. The meter alarmed for low oxygen level; it was not clear at the time what the cause of the alarm might have been. Miracle Lea ug e Bldg. -Atmospheric readings were collected within the kitchen area, storage area, electrical closet, and bathroom. Atmospheric testing did not indicate levels above 0 for LEL, HzS, or CO and 20.9% for Oxygen. Stormwater Junction Box The air in the lower part (approximately 6 feet below grade) of a stormwater inlet box located in the north parking lot was sampled on Sept. 23, and no gas was detected. Subsurface Pressure SCS took a measurement on the existing probes, except those that were flooded, at the three buildings to check for positive pressure. A measureable pressure (i.e., less than 0.02 inches of water column) was not detected in any probe. PRELIMINARY SAFETY RISK ASSESSMENT Considerations and Factors A hazard can by defined many ways, but a simple definition is; the potential to cause harm. Risk on the other hand is the likelihood of harm coming from a hazard. While in some cases safety risk can be eliminated, in most cases a certain degree of safety risk must be accepted. In order to quantify expected accident costs before the fact, the potential consequences of an accident, and the probability of occurrence must be considered. Assessment of risk is made by combining the severity of consequence with the likelihood of occurrence in a matrix. Risks that fall into the "unacceptable" category (e.g., high severity and high probability) must be mitigated by some means to reduce the level of safety risk to an acceptable level. SCS has prepared a simplified risk assessment for the explosion hazard posed to City workers and the public by the presence of combustible gas. In a basic assessment, the severity of the harm from the hazard is listed and then the probability of an accident occurring from the hazard is listed. The severity and probability definitions are provided in Tables 2 and 3. These factors are combined in a matrix to provide an assessment of the degree of risk. The matrix is provided in Table 4. Table 5 provides a scoring break-out and associated risk levels and actions required. The definitions for severity and its weighting, the probabilities, as well as the risk scores and related levels are typically subjective. SCS has adjusted these based on our experience so that they are reasonably representative of the situation. Miller Park Combustible Gas Investigation Table 2. Severity Definition Category Definition (weight) Catastrophic ~ Multiple fatalities. (100) • Irreparable equipment or facility damage. Major Single fatality (60) Major equipment or facility damage. Serious . Major injury or lost time greater than three months (25) Major equipment or facility damage. Moderate . Lost-time injury greater than one day. (10) Minor equipment or facility damage. Minor • No lost-time injuries, minor first-aid. (2) • Very minor or no equipment or facility damage. Table 3. Probability of Occurrence Definition Probability & Weight Definition Frequent - 5 Occurs often, continuously experienced Probable - 4 May occur one or more times Occasional - 3 Occurs sporadically Remote - 2 Unlikely but could occur at some time Improbable - 1 Can assume it will not occur 12 Miller Park Combustible Gas Investigation Table 4. Degree of Risk Probability of Occurrence Improbable Remote Occasional Probable Frequent Severity ~ 2 S 4 5 Catastrophic 100 100 200 300 400 500 Major 60 60 120 180 240 300 Serious 25 25 50 75 100 125 Moderate 10 10 20 30 40 50 Minor 2 2 4 6 8 10 In Table 4 all boxes to the right of and above the heavy black line represent conditions where the risk is unacceptable and active reduction is necessary. Boxes to the left of and below the heavy black line represent conditions that require some level of continued evaluation and possible active risk reduction. SCS believes the degree of risk hazard presented by the combustible gas, given the known conditions without any other controls or risk reduction, is represented as falling somewhere within the range of the gray-shaded boxes. Table 5. Risk Score and Levels Risk Score Risk Level Action Required >59 Extreme Cannot tolerate -immediate action necessary to reduce risk 26-59 High Unacceptable for long term -must implement risk controls b-25 Moderate Undesirable -evaluate risk reduction measures in long term <b Low No mitigation necessary -periodic evaluation to maintain low level 13 Miller Park Combustible Gas Investigation 3 CONCLUSIONS SUBSURFACE GAS HAZARD The landfill is likely to continue to produce combustible gas for many years based on our experience with other old closed landfills. The cover material and capping method used around 1970 did not provide for an impermeable cap. The waste was usually covered with 2 feet of compacted, locally available soil, which in this case probably was sand. How much additional soil, if any, was brought in to fill for the original park is not known. Thus the infiltration of moisture from rainfall and irrigation likely can percolate readily through the cap and into the waste where it will contribute to continued decomposition of any remaining organic material and gas generation. Even though combustible gas has not been detected in the buildings so far does not mean that it may not occur in the future. As the buildings settle, small openings can occur where utility conduits pass through the floor and joints between the walls and floor move and may separate. These can provide a pathway for gas migration into the building. If gas migrates into the building it maybe dissipated by vents that allow outside air into the building and the operation of the air conditioning system. However, spaces such as janitor closets, storage rooms and electrical rooms may not be ventilated and are at a higher risk for accumulation of gas. Because of the documented existence of subsurface combustible gas from the old landfill, the following facilities are susceptible to gas intrusion and may, under certain conditions, present a potential explosion hazard: All structures that are partially or totally enclosed and constructed directly on the ground or have enclosed spaces below ground. This includes buildings, storm drain structures, dugouts, utility boxes and manholes. • Tubular steel fence posts that penetrate the ground, even if designed to be encased by concrete (i.e., batting cages, dugouts and ball field perimeter fencing). • Utility trenches for the new water and sewer pipelines that are near or over the old landfill. Subsurface gas concentrations equal to 100% of the LEL were recorded at one or more probes located near the Little League Building, the Miracle League Building and the Equipment Building. The subsurface gas concentration at a buried utility line location near the dumpster exceeded 25% of the LEL. 14 Miller Park Combustible Gas Investigation SAFETY RISK ASSESSMENT The results of the preliminary safety risk assessment indicate that the risk level of a combustible gas explosion is unacceptable. Mitigation is necessary to reduce the risk to an acceptable level. Recommended mitigation measures are described in the Section 4. PROTECTIVE MEASURES Protective measures are warranted to accomplish the following: • Reduce the potential for accumulation of combustible gas greater than 25% of the LEL inside or near buildings. • Reduce the potential for combustible gas to migrate off-site through a utility trench. • Provide for automated detection of combustible gas inside the buildings and an alarm. • Provide warning signage that prohibits certain activities where gas could accumulate. 15 Miller Park Combustible Gas Investigation 4 RECOMMENDATIONS SCS' recommendations at this time include the following. BUILDING PROTECTIVE MEASURES Little League Building Subsurface Venting System Install a subsurface gas venting system around the building near the foundation. The system would consist of a dry, gravel-filled trench running the length of the building. A perforated pipe is installed in each trench and then are connected to each other at one end of the building to an above-grade, electric-driven fan/pump. The pump runs continuously to create a slight vacuum in the piping system and beyond the trench into the soil a short distance. This vacuum will draw combustible gas into the piping system and reduce the potential for it to accumulate under the building to a dangerous concentration. The collected gas is discharged into ambient air where it is quickly diluted to a safe level. Automatic Gas Detectors Install automatic gas detectors on the inside of the building. This would consist of a multiple channel system that can monitor the equivalent of four areas; Janitor Closet/Storage, Electrical Mechanical Room, Elevator shaft and main Electrical Room. Signage Warning signage shall be affixed in the following locations worded as follows; No Smoking No Open Flame No Spark - Just inside the entrance to the Restrooms - Just inside entrance to the Janitor Closet/Storage Room - Just Inside entrance to the stairwell - At the Elevator entrance Other All exterior doors shall have a louver in the bottom half. Storage Building Ventilation Fans Install motor-driven ventilation fans in the existing louvers on rear wall of the building. The fans shall run continuously and have a combined fan capacity of at least 12,000 cubic feet per minute. 16 Miller Park Combustible Gas Investigation This provides about 20 air changes per hour. Motors shall be explosion-proof construction. Additional louvers may have to be installed on the front of the building to supplement existing louvers to provide adequate air intake flow. Automatic Gas Detectors Provide an automatic gas detector on the inside of the building. This would consist of multi- channel system that can monitor the equivalent of four zones. Signage Warning signage shall be affixed in three locations between the roll-up door and swing entrance door worded as follows; No Smoking No Open Flame No Spark Warning signage shall be affixed in three locations between the roll-up door and swing entrance door worded as follows: Start All Engines Outside Building With Overhead Door Up Miracle League Building Subsurface Venting System SCS was unable to obtain a valid reading from either of the existing probes at the building. However, two probes installed by SCS (13B and 13B-1) approximately 15 feet from the building detected gas greater than 100% of the LEL. Before a final mitigation can be assessed, we believe more data should be collected with additional monitoring probes installed next to the building. We recommend four additional probes be installed at the midpoint along the sides of the building and angled inward to project under the building as per the existing probes. Coring of the concrete is necessary. Sampling of the probes should be conducted for at least two more events spaced a week apart. Automatic Gas Detectors Install automatic gas detectors on the inside of the building. This would consist of a multi- channel system that can monitor the equivalent of four areas; Janitor's Closet, Electrical Room, and Storage Room. Signage Warning signage shall be affixed in multiple, prominent locations worded as follows; 17 Miller Park Combustible Gas Investigation No Smoking No Open Flame No Spark - Just inside the entrance to the Restrooms - Just inside entrance to the Janitor Closet/Storage Room - Just Inside entrance to the Storage Room Other The door to the Concession room shall have a louver installed in the lower half. PROTECTIVE MEASURES AT OTHER AREAS Dugouts Removal of the black windscreen from the lower half of the dugout enclosures to reduce potential for gas to accumulate on the floor of the dugout. Warning signage shall be affixed in multiple, prominent locations (minimum 2 per dugout) worded as follows; No Smoking No Open Flame No Spark Tubular Steel Posts No welding, cutting or drilling shall be attempted on any tubular steel posts that penetrate the ground surface, such as at the dugouts, batting cages, ball field fencing and backstops, unless precautions are taken to ensure that the posts do not contain combustible gas and gas is prevented from entering them during the work. Portable Grill The City's portable propane grill shall not be used under a covered patio or within 10 feet of any building. Electrical Control Devices All electrical devices (inside building or outside) that can generate a spark in normal use or in a fault condition that are connected to buried conduit, shall have Code-acceptable vapor explosion/backfire fittings to prevent or contain an explosion should combustible gas enter the conduit system. This includes: • Control Panels • Lighting Panels • Breaker Panels 18 Miller Park Combustible Gas Investigation • Motor Shut-Off Switches Utility Trench A gas migration barrier should be installed in the utility trench of the subsurface utility pipeline near the dumpster. The gas barrier shall consist of a clayey soil cut-off wall and impermeable polyethylene lining panels. Because the presence or absence of combustible gas cannot be absolutely confirmed, we recommend the six other utility trenches along 4th Street also have a gas barrier installed. SITE SAFETY GUIDELINES Hazard Awareness Notification The City should provide awareness training (if they have not already) on the subsurface gas hazard to its employees that work at the Park, including the characteristics of combustible gas, risk of explosion and possible areas of accumulation and activities that should not be attempted without extra precautions and specialized equipment. The City shall advise all contractors that do work at the Park of the potential hazard and that they are required to provide awareness training and appropriate equipment, as needed, to their workers. The combustible gas explosion hazard is particularly high when conducting excavation or trenching, using welding or cutting equipment, entering below grade structures such as manholes, utility vaults, and storm boxes, or doing work on electrical panels in confined and unventilated spaces. If there is not one already, the City should have a policy for this Park to not allow smoking in any of the buildings by employees or the public. ESTIMATE OF COST FOR PROTECTIVE MEASURES SCS has provided a preliminary cost estimate in Table 6 for the recommended protective and risk reduction measures. The total preliminary estimated cost for all items is approximately $224,700. This does not include the cost for installing vapor explosion/backfire fittings at all interior or outside electrical controls. If a subsurface venting system is ultimately necessary at the Miracle League building it would likely be similar in design and cost to that at the Little League building. 19 Miller Park Combustible Gas Investigation Table 6. Preliminary Cost Estimate -Subsurface Gas Controls and Improvements - Miller Park, Delray Beach, FL Item Description Quantity Units Cost Amount($j Install Powered Subsurface Gas Venting System at Little League Bldg. 1 LS 1 25,000 1 25,000 Install 4 Additional Soil Probes at Miracle League Bldg. and 2 Sampling Events 1 LS 7,000 7,000 Install Ventilation Fans & Electrical controls in Equipment Bldg. 3 Ea 2,500 7,500 Install Wall Louvers in Equipment Bldg. 2 Ea 1,000 2,000 Install Automatic Gas Detectors; - Equipment Bldg. 2 Ea 1,500 3,000 - Little League Bldg. 3 Ea 1,500 4,500 - Miracle League Bldg. 2 Ea 1,500 3,000 Install Signage 20 Ea 60 1,200 Install Gas Barrier in Utility Trench 7 LS 2,300 16,100 Sub- Total 169,300 Contingency 15% 1 LS 25,400 Engineering & Permitting 1 LS 30,000 Total 224,700 Note: If a subsurface venting system is ultimately necessary at the Miracle League building it would likely be similar in design and cost to that at the Little League building. 20 Fn~t-P~rmmmn ~ ~', ~C!~ ~..:''~.mrn~'Pm r~°~i'N I ~'t'~'E --, P- ~.' iv~~mmd .913 fiT.m ~~I~k~I~C, nroal Cnv,ir.:ck~ra "~~~~~ ld~~ :813 S~':9~~7~7 _ _ _ - __ 9 F S ~ . , _ - ._.. - . ~ 1 _-- __--. --___ ~~_-_ .... 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'c,ll ` ~: ~;rrlmf9r:cN Caa rti •,^ n l :1~ ~ ~, ~ i~ alapwial;_:! t: Iii;erd:. ,~"h.~" vsEaaa;Nl tau ~:nt~u~~:u~ ~r,~ arI +~4~e t,".~ ~: _ :! :-~~i in i ~. ,~;~.:~ u~Aa~s~lru:~l~role i ,~, ii l ~ ~ -IiP,.Rtr~ rc_ =r,If ~4rroi iDtfr~mtiloYU4uwst , r r+~~~~~t31`my~ ~;Lz~ttt, r. r i, ,~. l e a Iii, ;,<' f~wo~o~~~~~y ltd ~ r ~ I ~ i; ~i,r;,n I ilt~ ~4:av~4~~,, ~'~ i !la.<8t„~~~rrv:~~a~tr~ lro7;'h ~ ~ ~r.- ~~„':~,r ~, i~rr~r,'"~d:u ~a,~' ~"' Itm7N iimC7i',rab "~t'„ - ~~ 1.u~. ~~~at~,~~mt,vpw.a:~s! i~ra h7~ii „I ~ _..:I I,-..%ir;„! ! r.ici.r~~~~1 ;wr,3ia~rriu~'~ r'~n ~;,mt~'~o'n4 ~~~w)otus~~ Baal np ~ptN~r~,r ~rat~ame~~:, 5~ ~f7t;~9'~Qa.4anYl~~acfx ~f~:~W. r:&r"sue,nprbmr ~~rMJ•••9~ 14 ~I~I "P 9 9'+Y~;~~'~~ 'W1~~01~:1~8-t'.~ M~°, ~IM~ ~'~~i~91~~ W'rw~'~r; C~Y7~~"rrC'!~i dhia~ ,~tlu~~:r°o7~c'i"r~i 9t~ I~a" m^xd e°~i~d~~vl }+wr II'~i.lt' aG~xi%~~ i~lall4~~w~.4,1 ~'~~ ~ ~iR~}a~~i ~ is+~ ;u~lf''~~~w G~~~ ~:~a~~l~ n~~odtl~i~ ~~aw~.r^~~.: 4("~p~, ~;~h':li'tif G;1,MB~'t~"p~~-'f'i(~ .al 11r.:1i:~, 1~r~i~~l'~~, it~hii'u_i ~xi; ~~'~'~' E 1S MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: March 11, 2011 SUBJECT: AGENDA ITEM 8.K.3 -REGULAR COMMISSION MEETING OF APRIL 5, 2011 PURCHASE AWARD/ DELL ITEM BEFORE COMMISSION The City Commission is requested to approve the purchase of a Native SAS Tape Drive for the City's data backup system in the amount $21,896.96 from Dell off the State of Florida Contract 250-000-09-1 per quote number 577068723, dated 03/08/2011. BACKGROUND This replacement equipment is for the City's tape backup system that is out of date and currently not completing the system backups in the time allowed. When this occurs, the backup continues into the next business day and slows the system and the users down considerably until the backup has completed the cycle. The replacement equipment will process and backup information at a much greater speed and will complete the cycle in the time allowed for the overnight processing. Existing housing will be used for the Native SAS Tape Drive backup system. Dell is the only vendor that can supply and support the Native SAS Tape Drive. FUNDING SOURCE 334-6112-519.64- ll RENEWAL & REPLACEMENT MACHINERY/EQUIPMENT COMPUTER EQUIPMENT RECOMMENDATION Information Techology (IT) staff recommend the purchase of the Native SAS Tape Drive for the City's information network backup system from Dell in the amount of $21,896., per quotation #577068723, dated 03/08/2011. Page 1 of 1 DELL Date: 318199 9:28:06 AM Quora rronr QUOTE #: 577068723 Customer #: 1015934 Contract #: 32ABH CusfamerA~reement #: 250-000-09-1 Quafe Date: 318111 Customer Name: CfTY OF DELRAY BEACH TOTAI- QUOTI~ AMOUNT: $29,896.96 Product Subtotal: $21,896.96 Tax: $0.00 Shipping ~ dandling: $0.00 Shipping Method: Ground Total Number of System Groups: 0 SOFTWARE & ACCESSORIES Product Quantity Unit Price Total ML$ODU,E.TO-5 NATIV& SAS DRIVE,CU5 (342-1367) 4 $~a,474.24 $21,896.96 Number of S ~ A Items: 9 S&A Total Amount: $29,896.96 SALES REP: David Sak PHONE: 512-513-9886 Email Address: david_sak@dell.cam Phone Ext: Please review this quote carefully. if complete and accurate, you may place your order online at www.dell.comlato (use quote number above). POs and payments should be made to DeR Marketing L.P. if you do not have a separate agreement with Dell that applies to your order, please refer to www.dell.comfterms as follows: If purchasing for your internal use, your order will be subject to Deil's Terms and Conditions of Sale-Direct including Dell's U.S. Return Policy, at www.dell.comlreturnpolicy#total. If purchasing far resale, your order will be subject to Dell's Terms and Condition of Sale far Persons or Entities Purchasing to Resell, and other terms of Dell's PartnerDirect program at www.deli.camlpartner. If ypur order includes services, visit www.dell.comiserviceeontracts for service descriptions and terms. Quote information is valid far U.S. customers and U.S. addresses only, and is subject to change. Safes tax an products shipped is based on "Ship Ta" address, and for downloads is based an '"Bill To" address. Please indicate any tax-exempt status an your PO, and fax your exemption certificate, with seller listed as Dell Marketing L.P, to Dell's Tax Department at 800-433-9023. Please include your Customer Number. for certain products shipped to end-users in California, a State Environmental Fee will be applied. Far Asset RecaverylRecycling Services, visit www.dell.comlassetrecovery. file://C:lUsersldelporti111AppDatalLocallMicrosoftlWindawslTemporary 1nte~-net FileslCont... 3/8/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Admininistrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: March 31, 2011 SUBJECT: AGENDA ITEM 8.K.4 -REGULAR COMMISSION MEETING OF APRIL 5, 2011 PURCHASE AWARD/CDW-G ITEM BEFORE COMMISSION The Police Department requests approval for purchase of the Imprivata Software package from CDW-G for the price of $37,574.75. BACKGROUND This software purchase is needed to comply with FDLE security requirements which pertain to the Department's implementation of the new SunGard/OSSI Public Safety Software System. A detailed justification and pricing information is attached. FUNDING SOURCE 115-2112-521-66.10 (Special Projects Fund: Books/Publications/Software) RECOMMENDATION The Police Department recommends approval. DELRAY BEACH POLICE DEPARTMENT MEMQRANDUM TO: Chief Anthony Strianese FROM: Captain Thomas Mi#chell Community Response D~v~s~an Commander DATE: March 1, 20~ 1 SUBJECT: x,115 SE~UR~TY" R~tC+~(J1RP~ENT F~1~ ~SSB Recen#ly, it was brought to my attention that FDLE has additional securi#y requiremen#s for access to CJIS, if any agency installs a new operating system. Vife were lead to believe that we were compliant wi#h the new security requirement by purchasing the fingerprint recognition systems installed on the r~ew Panasonic lap #ops. However, unbeknawns# to us, a second layer of security was additionally required, i.e. strong password. Several vendors for this type of security requirement were solicited and investigated leading us to choose Imprivata. Imprivata not only meets our needs, .but the software supports expansion and an ability to provide authorized user. access repor#s in real-time, end it works with our current softwareiserver programs, Active Directory, Net Motion, etc... Imprivata is somewhat mare expensive than Data Securities, but offers a 10# more as described above. Attached are two separate memorandums in support of Imprivata from Technical Systems Manager Marlo Dahl and Chief Information officer buy Buzzelli, It is based on these facts #hat I request we move forward with the purchase of Imprivata for the sum of ~37,~74.~5. Quo#es fur the o#her twa vendors are attached. If additional information. is needed, please do r}ot hesitate to ask. TMibaw Se~1ng with P.~'.a.Q.~'. { ., DELRAY BEACH POLICE DEPARTMENT MEMORANDUM TO: Captain Thomas Mitchell Community Response Division FROM: Technical Systems Manager Marfo Da Support Services Division DATE: February 22, 2011 SUBJECT: CJIS Security Compliancy Software Purchase Justification To move forward with the mobile piece of the OSSI project we have been notified that we must meet the new CJIS security requirements. This includes enabling strong passwords and AA (Advanced Authentication}. This was not going to be a requirement until September 2013 but because we are moving to a new Public Safety product suite we are required to have this security measure met before granting mobile units access to any FCiClNC1C data. There are two key requirements contained in this security directive. Strong passwords (at least 8 characters in length, shall not be a dictionary word or proper name, cannot be the users ID, are required to be changed every 90 days and cannot be the same as your last 10 passwords) and .the AA component which, for our department, will be fingerprint readers and smart card devices. Although we have fingerprint readers on all our new [aptops this new AA requirement requires this information to be stored an a secure server, not on the individuals' mobile device. Therefore, it was necessary to began looking for software that would give us the capability to meet this mandate. After looping into different software solutions a decision was made that Imprivata has the most cohesive product and will provide us with all the necessary pieces to fulfill all CJIS security requirements. Some of the key points are as follows: • This software supports multiple advanced authentication options including fingerprint readers built into laptops as well as external biometric readers, proximity cards, smart -cards and soft or hard tokens. This is very important as our laptops have a mix of smart card and fingerprint readers but not both. This also allows for flexibility moving forward. • This software provides the user with a Single Sign On experience. This means the user will utilize their fingerprint at the initial login screen and wil! not be required to utilize hislher fingerprint for every application thereafter that requires a login. • This software provides a self service password reset option. This will allow the employee to reset their password in the event they're account is lacked out. With the strong password requirements it is expected that users will experience forgetfulness when remembering these passwords. This piece will be extremely helpful after hours when no one from i.T. is readily available to reset a .user's forgotten password. + . This software also provides audit reporting on applications and network access. This was particularly important for I.T. / 9 • This software does not require any changes, modifications or extensions of the Active Directory Schema (f.T. can elaborate more on this piece). Based on these key features lmprivata is the best solution for us to easily maintain the new CJIS security requirements. MEMORANDUM To: Thomas Mitchell, Captain From: Guy Buzzelli, CIO Date: February 24, 2011 Subject: FDLE Advanced Authentication Standard Requirements This memorandum is issued from the IT Division to help explain the Imprivata single sign-on strong password software solution that warps with the fingerprint biometric system required by FDLE for the Police Department. This software complies with FDLE requirements and eliminates-staff password complaints and system lockouts. This system works with active directory, Net motion, and other enterprise software without causing issues. It has the capability to learn and apply strong passwords correctly. In the future as FDLE mandates additional new requirements this software will be ready. Using the reporting tool the Police Department will able to identify in real-time who, when; haw, and from where the authorized user accessed the network. This will be documented in reports. We would hope that this explanation is sufficient to move forward with this needed improvement. It would only make sense, and it would be our recommendation to have this total project done now as apposed to later when FDLE mandates additional requirements due to the advantages mentioned above. We would consider this project critical with a high priority being assigned for the reasons outlined. Thank you for your consideration. DELRAY BEACH POL[CE DEPARTMENT MEMORANDUM TO: Captain Thomas Mitchell Community Response Division FROM: Technical Systems Manager Marlo Dahl ~~ Support Services Division DATE: February 22, 2011 SUBJECT: CJIS Security Compliancy Software Purchase_J_usti€ication To move forward with the mobile piece of the OSSI project we have been notified that we must meet the new CJIS security requirements. This includes enabling strong passwords and AA (Advanced Authentication). This was not going to be a requirement unti{ September 2013 but because we are moving to a new Public Safety product suite we are required to have this security measure met before granting mobile units access to any >=CiCINCIC data. There are two key requirements contained in this security directive. Strong passwords (at [east 8 characters in length, shall not be a dictionary word or proper name, cannot be the users lD, are required to be changed every 90 days and cannot be the same as your last 10 passwords) and the AA component which, for our department, wild be fingerprint readers and smart card devices. Although we have fingerprint readers on all our new laptops this new AA requirement requires this infiormation to be stored on a secure server, not on the individuals' mobile device. Therefore, we began looking for software that would give us the capability to meet this mandate. After looking into different sofitware solutions a decision was made that lmprivata has the most cohesive product and will provide us with all the necessary pieces to fulfill all CJIS security requirements. Some of the key points are as follows: • This software supports multiple advanced authentication options including fingerprint readers built into laptops as well as external biometric readers, proximity cards, smart - cards and soft or hard tokens. This is very important as our laptops have a mix of smart card and fingerprint readers but not both. This also allows for flexibility moving forward. • This software provides the user with a Single Sign On experience. This means the user will utilize their fingerprint at the initial login screen and will not be required to utilize his/her fingerprint for every application thereafter that requires a login. • This software provides a self service password reset option. This will allow the employee to reset their password in the event they're account is locked out. With the strong password requirements it is expected that users will experience forgetfulness when remembering these passwords. This piece will be extremely helpful after hours when no one from I.T. is readily available to reset a user's forgotten password. • This software also provides audit reporting on applications and network access. This was particularly important for I.T. • This software does not require any changes, modifications or extensions of the Active Directory Schema {I.T. can elaborate more on this piece). Pc~.f~~ ~. 9 $~~~y} jjjjs yep ryg, yy~q `p!p~ ~' ~ ~dt,J;~~~11~8~/. wurw.CD~G,~nrrt i s a a r r ~QfJ-~(1~-42~~ ~QG7371 55.6432 2/2S/26~.1 MATiLO L1A~'!L CITY OF IrEI,i~2AY' BEACI3 ~ 1fl0 1+7Gc ~ ST A ~ 100} Nfi~7 1ST :~V'VF ~ MA1+TG'T INFO SYSTEMS ~ MANGT INFO 5Y5TEYT5 ~ CITY tJ~ S)EI,RAY 7~E:ACH P MAF:I.,O DAHL I7EI,FtAY BEACH(, FL DELRA'Y F3E.~CkI, ETA 33444-2612 33444-2698 ,~ 7 G Contact: MARLL~ 73AHL 561.-243--7.45 (} Gustomer Phone # 5612437865 Customer P.4. # IMPEZIVATA - QT5"~t3C)TE r r~ r MTFZ.E ~ORIGA 866-339-3535 DROP SHIP-GR01C71+Tf3 Request. Terms 858Q12521.559C4 A r r ~ r 200 18x8380 Ik~P1~IVATA aI~$IG13 SSC1f7 200-299iI 68.46 13692.00 Rlfg~#: TPA-SSOfAM-2©C3 Contract: TIONAL I)PA TEC~4 SUT,L7'T'IONS os~o~z 2flo ~ X784898 IMPFcIVA,TA ONEaIGN ssPw ~T ~~-1499L3 7.50 1500.00 Contract: NATIONAL IPA TECIi SOLiTTIONS Ut33flb2 200 1'786612 IMPRI~~T.A. ONESIGN FASTP.ASS 25-1.49917 7.50 15007.00 Mfg# : TPA-FF3IiJ-25 ~ Contract: 1~7ATTONAL IPA. x'ECH SC}LUTTC3NS ~ QB3052 1 1006969 ONN1r5IGI~ 1~34Ydi7A1'~ GC)T,D MAINTENANCE 3888.04 3888.00 *~~~#: IPA-s~PC~O-as Contrast : 1~1ARFCE"C 2 2:1x9135 TMPRTV"A'.CA ONESI~N t~7ECR' 'V°Ii2TY7AL APPI,IA 1~~~# : IPA.-~E~r-vr~-.~~ Contract. b4AR%~ET 1 2102476 IL•SPItIVA'S.'A. ONESI~te~ ADD ~l'xFtTUAT, .APP 1610.75 1Ei~.t3.75 t~.fg# : IPA-A13I33.'I,~VTI't-APP Contract: N1~,TTONAIs TPA TECH 50LC3TiDNS 083Q52 3 20350133 IMPftIVATA-OYdEBIGN SVGS INSTAL/Cablk'IG 2?_OU.00 66D0.00 1~I~g~€ ; IPA-TF:-INS'PAI.L-OAISITE Contract: 1+IATIONAL IPA TEGHI 50LF7TION5 DOTAL Continued C33W resvernment f~lease remit~s,~yment io: 230 Ncxrt~ Milwaukee Ave. ~~I+I~CSovernmen~ Vernon Hi11s, TlL 6006'? 7~~?emittancel)rive C~neral. Phone: 897-371-5€3Q0 E'aac: 897^-41.9--62010 5'uiFP.1~'1~ Account Manager's Direct Fax: 322-7Q5--8218 ChiC~'C,].c~, 1~. 6C?675-f595 Page 2 ~~ ® The Right Techsalagy. ~*~ ~ ~ ~ ~ ~ f n"~ ® ~" RightAwsy.'" ~7 6.~td 1 /~ 1 www.CDWG.cam ~ • • • • ~_~_Q~~ WQG7371 5516432 2/25/2011 MARLO DAHL CITY OF DELRAY HEACH ~ lOD NW 1ST AVE ~ 100 NW 1ST AVE ~ MANGT INFO SYSTEMS ~ MANGT INFO SYSTEMS t CITY OF DELRAY BEACH P MARLO DAHL T DEI,RAY BEACH, FL 33444-2612 T DELRAY BEACH, FL 33444-2698 O O Contact: MARLO DAHL 561-243-7145 Customer Phone # 5612437865 Customer P.O. # IMPRIVATA - QTYQUOTE • •r a MII{E ZORICA 866-339-3535 DROP SHIP-GROUND Request Terms 85801262155904 ~ ~ ~ t ~- D83052 4 2035005 IMPRIVATA-ONESIGN SVGS INSTAL/CONFIG 1800.00 7200.D0 M£g#: IPA-TR-INSTALL-REMOTE Contract: NATIONAL IPA TECH 50LUTIONS 083052 1 1695526 IMPRIVATA CERTIFICATION TRAINING CRS 1564.00 1584.00 Mfg#: IPA-TR-CERT-USER Contract: NATIONAL TPA TECH SOLUTIONS 083052 1 1695526 IMPRIVATA CERTIFICATION TRAINING CRS Mfg#: IPA-TR-CERT-USER Contract: NATIONAL IPA TECH SOLUTIONS 083052 SUBTOTAL 37574.75 FREIGHT .00 SALES TAX .00 US Currency TOTAL ~ 37,574.75 CDW Government Please remit payment to: 230 North Milwaukee Ave. CDWGDVernrrrent Vernon Hills, IL 60051 75RemittaRCeDrive General Phone: 847-371-5000 Fax: 847-43.9--6200 Suite 1515 Account Manager's Direct Fax: 312-705-821$ Chicago, IL 6067x1515 Page 3 Total ~ 37L57Q.75 FMV Lease Option ~ _ 1,1D4.70/Month Total ~ 3'7,574.75 $B4 Lease Optian { 1,2D3.52/Month Monthly payment based on 36 month lease. Other terms and options are available. Contact you Account Manager for details. Payment quoted subject to change. ** Why finance? * Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. * E'lexible Payment Terms. 100 financing with no money down, payment deferrals and payment schedules that match your company's business cycles. * Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. * Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term. And choese to return or purchase the equipment at end of lease. * Bundle Costs. Xou can combine hardware, software, and services into a single transactionE Which means you can pay for your software licenses over time. We know your challenges and understand the need for flexibility. General Terms and Conditions: **This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. A11 rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. Page 1 rn~ R~~ht r~~hna~a~v SALES Q U OTAT ~ O N ~~~ RightAway.'~ ~ . . ~. www.CDWG.cnm WQK0564 5516432 2/28/2011 aao-so$-qz~~ MARLO DAHL CITY OF DELRAY BEACH ~ 10d NW 1ST AVE S 100 NW 1ST AVE H ~ MANGT INFO SYSTEMS I MA-NGT INFO SYSTEMS I- CITY' OF DELRAY REACH P MARLO DAHL T DELRAY BEACH, FL 33444-261.2 DELRAY BEACH, FL 33444-2698 T Contact: MARLO DAHL 567.-243-7145 O O CustomerPhone# 561243'7$65 Customer P.O.# WQK0564 QUOTE ~ •r a MIKE ZORICA 866-339-3535 UPS Ground Request Terms 85801262155904 ~ ~ i - ^ ~ 10 2074007 LVO iJPEK EIKON DIGITAL PRIVACY MGR 52.00 520.flfl Mfg#: LVO-4579129 Contract: MARKET SUBTOTAL 524.00 FREIGHT •00 SALES TAX .00 US Currency TOTAL ~ 520.00 CDW Government Please remit payment to.' 230 North Milwaukee Ave. CDW Government Vernon Hills, IL 60061 75RemitfanCeDrive General Phone: 847-371-5000 Fax: 847-419-6200 SUite1515 Account .Manager's Direct Fax: 312-705-8218 Chicago, IL Ba67'5--1595 . ~ .~', 9~~~1`~~ Imprivata provides the 0.115 Advanced Authentication and Single Sign On solution to meet Delray Beach's requirements of: - Does not require any changes, modificatiflns or extensions of the Active Directory Schema - Supports multiple advanced authentication modalities including fingerprint readers built into laptops as well as external biometric readers, proximity cards, smart cards and soft or hard tokens - Provides Single Sign On to each application [without requiring the user to provide fingerprint authentication at every application's login) - Provides Self Service Password Reset - Provides audit reporting on application and network access Nicole dates '!` erritory flAanager Gvmmercial >~ Public Sector Imprivata, lnc, [v] 78'1-X330-~ST~ Orc9ers 1=ax: 7$1-64~-66Q0 10 Maguire Road Bldg. 4 Lexington, MA 03421-3120 v(7&1} 674 2700 f (78i} 674 2760 www.impriva4a.co~n ;~ ~ c_ ' "`~ " ; ~ ~ DADA ~~CURIT~i=S Customer pelray beach Police kepi. Ship tc 300 West Afle~n#ic Avenue L~etray hleaCh, f=1€~rida 33444 561-2~3-78b5 Delray beach Police Deparfiment Same (]air;: 2jlb/2011 P.o. ;~: Customer Itq: Shipping tvlethad Shipping Terms ~lel-every 14aie -- faata 5ecuriiies viii deliver all products °T€3t1 Software Qiy .item ~ t~escriptior~ Unit Totai Discount Tcstal Line Tofal .60 o3fl13-EL1 'CJigiial Persona Pro for AC Pi;g y 69.95 $ 59.95 ~ 9,592.OD _... _. f3S ist'csvictns elntir.~7ted zr?-±~id ~ ~tataaa~ s"ui.:,3+arf Bei~tee>; cpr~ Er~ra~ • 7ysrra ;EST' Ea°ee Cins€$e tnstcs(1eaflr}r¢ St,t~p~art ibU 9001 A01 .'rc>,,;;urn ~.!~,r ~ roc , c:.. ?: ~.,~ ,.;~ ' $ 13.20 $ 2,i I20fJ __ 1oU 9001-AJ2 'r~mt:;rr .:r3r.;~a;SUr ~ ~~~xr. •r ,. ~ 1200 10~ L)iscounf $ . . i,920.0U 160 4Cp1-A03 i',r ~~~,i_. ~:~ s~..?c 5~;~;ari Yr-3 $ i 1.d0 15°~o iaiscouni $ . i.824.OG , Saitv,+nre ~ Annual Support Taia( $ 15.48.00 Hardlwar~ Ir; 88809-001 ~i~itCai PC:rsonp 45U0 Ol~ticel f2ec3dar $ 89.45 ; $ 79,OG $ 79q.flG 7004-001 ]nilexis Biametric Flasl~drive 1vSc~ilelG 2GH $ :89.40 $ '€89.00 ' ____ __ ..... Sales Executive l~a,~dware Total Carrie i-terrmann i .... ... .. a07.832_U797 t-lordware Saf.lware SupRort Subtoiol,"" $ I5,238.GD carrieC?datasecurities.org 5hrpping TS(} Reguier ~bial'~ t~scrstrntTatct;: ~ T6,~3~.€JtJ t3r~te T: Data Securities is the only Author€xed flepher Far "sale sourced" inflexis hRaf3ilehD ]date 2: D5 is l7igital Persona's Premier ©ealer and the aniy [}ether thdf Provides local Area 5upporf and Free gnsite ]nstalhatian Support by gained IT Specialists. fdate 3: h)5 is a 1~lomen-Owned Niinorify Florida Based Business. i~a1e 4: Saf#ware crud Hardware Casts are atl "pne'fime' Cos#s. DGia Securifies i.ocks Fnrw:~rrd is 1'rovit~inc~ Yav Ezueiien? 3iarneirie Soiuiions. 4ustomer Service, and Suppori? ~.~ Q~~ ~ ~ n(G- ( ~ Page 1 SALES QUOTATfON * . .. WNF1321 5516432 2/09/2011 MARLO DAHL CITY OF DELRAX BEACH ~ 100 NW 1ST AVE H 100 NW 15T AVE ~ MANGT INFO SXSTEMS ~ MANGT INFO SYS1"EMS ~ CITY OF DELRAY BEACH P MARLO DAHL I DELRAX BEACH, FL 33444-2612 T DELRAY BEACH, FL 33444-2698 O O Contact: MARLO DAHL 561-243-7145 Customer Phone # 5612437 $65 Customer P.O. # WNF1321 QUOTE ~ ~~ ~ MIKE ZORICA 866-339-3535 DROP SHIP-GROUND Request Terms 85801262155904 160 799746 RSA AUTH MGR BASE 155-250 Mfg#: RSA-AUT0000250B Contract: MARKET 160 799749 RSA AUTH MGR MNT BAS/EXT 12M0 155- Mfg#: RSA-AUT0000250BE12 Contract.: MARKET 1 1554297 RSA SID ADMIN INSL & CONFIT QTY i Mfg#: RSA-ED 52DAIN210 Contract: MARKET 1 1313189 R5A RSA SID600 KEYFOB USB-2YR 10PK Mfg#: RSA-SID800-6-60-24-10 Contract: MARKET SUBTOTAL FREIGHT SALES TAX CDW Government: 230 Narth Milwaukee Acre. Vernon Hills; IL 60061 General Phone: 847-371-5000 Fax: 847-419-6200 Account Manager's Direct Fax: 312-745-8218 65.001 10400.00 18.00! 2880.00 24000.001 24000.00 549.99 549.99 37829.99 .00 .00 US Currency TOTAL ~ 37,829.99 Please remif payment fo: CDW Government 75Remrttance Drrve Suite 9595 Chicago, IL 6A675-9595 Page 2 Total ~ 37,829.99 FDSV Lease O lion ~ 1,112.20/Month Total ~ 37,829.99 $BO Lease Option ~ 1,211.69/Month Monthly payment based on 3b month lease. Other terms and options are available. Contact you Account Manager for details. Payment quoted subject to change. ** Why finance? * Lower IIpfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line. * Flexible Payment Terms. 100 financing with na money down, payment deferrals and payment schedules that match your Company's business cycles. * Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams. * Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term. And choose to return or purchase the equipment at end of lease. * Bundle Costs. You can combine hardware, software, and services into a single transaction? Which means you can pay far your software licenses over time. We know your challenges and understand the need for flexibility. General Terms and Conditions: **This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners. Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration. Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term. MEMORANDUM TO: Mayor and City Commissioners FROM: Sharon L'Herrou, Administrative Officer Anthony W. Strianese, Chief of Police THROUGH: David T. Harden, City Manager DATE: Apri14, 2011 SUBJECT: AGENDA ITEM 8.K.5 -REGULAR COMMISSION MEETING OF APRIL 5, 2011 PURCHASE AWARD/GARBER CHEVROLET/CRIME SCENE UNIT VAN ITEM BEFORE COMMISSION The Police Department requests approval to purchase a van for the Crime Scene unit from Garber Chevrolet in the amount of $18,909. Prices are from the Florida Sheriff's Contract (attached). BACKGROUND The Crime Scene Unit has two Investigators on duty during periods with the highest investigatory demands. However, only one Crime Scene van is currently available for service. A second vehicle was requested and approved during the budget process. The addition of this vehicle will allow both Crime Scene Investigators to be dispatched to separate crime scenes simultaneously. This is an important step toward improving response times, minimizing the potential for contamination of the crime scene, and reducing victim frustration, which often results from delays. FUNDING SOURCE Funding will be provided from 001-2115-521-64.20. RECOMMENDATION Recommendation: The Police Department recommends approval. ~~ t. - ~jprfE°~X> R~ FACE ~~i~//~~ FI~OI2II~A f~dC1A C~C~UN I•I I;S .~~r ~ ~L~ illt Abdul I-Torida FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION UTILITY CARGO VAS SPECIFICATION #29 201 l Ford E-250 Cargo Van (E2E) 2011 Chevrolet Express Cargo Van {CG23405) 2491 GMC Savatta Cargo Van (TG23405) 201 l Freightliner Sprinter {F2CA 144) ALL ITI;D~IS TACTORY INSTALLED UNLESS OTH1vIt~VIS1; INDICATTD ~ - _:- r~ ~ ~ Y ~~5 . 1`i• J C~~ Zp.~` INSTII;UCTIONS; Listed above, yott will find the model Numbers of the vehicles that will be included in this year's contract. 1, ENGINE: a. Manufacturer's standard $ cylinder gasoline engine or S cylinder turbo diesel, alternator, battery and cooling package. 2. TRANSMISS90NlAXLE: a. Manufacturer's standard automatic transtNission. b. Manufacturer's standard axle. c. Manufacturer's standard suspension system. 3, I'CRI=ORMANCE ITEMS: a. Manufacturer's standard power steering. b. MaNufacturer's standard gauges. 4. COMFORT ITEMS;. a. Console engine cover. b, MaNUfacturer's stanclarcl air conditioning with 134A system. c. Manttfacttirer'ssfandard tinted glass all around. d. Manufacturer's standard AM/FM stereo. e. Manufacturer's stanclarcl floor covering. f. Manttfacriirer'ssfandard production seats. Purchaser will select color at time of order. g. Keys: two (2) per vehicle, single key lacking system, (each vehicle keyed differetltly). 5. SAFETY ITEMS: a. Dual outside mirrors and inside rearview mirror. b. INterior dome lights with left and right door activated switches. c. Manufacturers standard air bags. 6. [3RAKES: a. Four wheel anti-lock brake ABS system. 7. TIRES ANI31V1-IEELS: a. Matutfacturer`s standard tires and wheels. b. Manufacturer's spare fire and rite, if available. Bid Award Announcement (.I O-.I8-0907) 594 S. CHASSIS, FRAME, CAl3; a. Ma~wfacturer's standard front and rear bumpers. b. Ma~mfacturer's standard door arrangements with side acid rear glass placement. c. Manufacturer's standard colors, factory painted. Colors to be determined by individual agencies. d. Manufacturer's standard fuel tank. 9. CDNDIT[ONS In addition to equipment specified, vehicle shall be equipped with all standard equipment as specified by the manufacturer far this model and shall compl}~ with all CPA Eu~ission Standards and all Motor Vehicle Safety Standards as established by the U.S. Department of Transportation regarding the manufacture of motor vehicles. The successful bidder shall be responsible for delivering vehicles that are properly serviced, clean and in first class operating condition. Pre-delivery service, at a minimum, shall include the following: a. Complete lubrication. b. Check all fluid levels to assure proper fill. e. Adjustme-it of engine to proper operating condition. d. Inflate tires to proper pressure. e. Check to assure proper operation of all accessories, gauges, [iglus, and mechanical features. t: Focusing of headlights. g. Cleaning of vehicles, if necessary, acid removal of all unnecessary tags, stickers, papers, etc. DO NOT remove wi~idow price sticker or supplied line sheet. Bid Award Announcement (YD-I8-D9D7) 59b s-+ LEI ~~ ' tC -.~ n. r~ E- - ~'. ~ / \ FA ;~~ ~~ ~ ~ `t~= } IZIi ~1 I I_O ~ yyl~x~y5 . Y~~~ T T 4 I.UV ~T ~ lA:V ~~'k. ~j AHilboid I7oridn FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES. & FLORIDA FIRE CHIEFS' ASSOCIATION UTILITY CARGO VAN SPECIFICATION #29 2011 Ford E~250 Cargo Van (E2E) _.,~ 1 7 l ~` { ~ ~ ~.~ f~ I ~I ~~t `~ ~_ . C v ~ ~ /' The Ford E-250 Cargo Van (G2Ej purchased ttirouglt this contract comes Fvitlt all the standard equipment as specified by the manufacturer for this model and FSA's base vehicle specification(s) requirements which are included and made a part of this contract's vehicle base price as awarded by specification by zone. ZONE: Western Northern Central Southern BASE PRICE: $17,049.00 S17,049.t10 $17,t}49.00 ~a17,049.00 While the Florida Sheriffs Association, Florida Association of Catn~ties and Florida Fire Chiefs' Association have attempted to identify and include those equipment items most often requested by participating agencies for full size vehicles, we realize equipment needs and preferences are going to vary from agency to agency. In an effort to incorporate flexibility into our program, we Dave created specific addldetete options which altorv the purchaser to tailor the vehicle to their particular wants or needs. The following equipment delete and add options and their rotated cost are provided here to assist you in approximating tl~e total cost of the type vehicle(s) yott wish to order through this program. Simply deduct tl~e cast of any of the following equipment items you wish deleted from tl~e base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cost of the type vehicle{s) you wish to order. NOTE: Ate official listing of alt addldetete options and their prices should be obtained from the appropriate dealer in yoin• zone when preparing your order. Additional addldetete optiatts other than tltase fisted here may he available through tl~e dealers, however, those listed here must be honored by the dealers iu yaar zone at the stated prices. Bid Award AnnauncemenC (r D-18-0907) b9ti VEHICLE: E-25fl Cargo Vale (E2E) E-250 Cargo Vall (E2E) E-250 Cargo Vall (E2E) E-250 Cargo Van (E2E) llEALER: Atari Jay Ford Lincoln Alall Jay Cord Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincoln lVlercury, lnc, Mercury, inc. Mercury, Inc. Mercury, inc. ZONE: 1'Vestern Nortllern Central Southern BASE PRICE: $17,049.00 $17,049.00 517,049.00 $17,019,00 Order Codc Delete Options All Zones ElE 1 112 ton cargo van $200.00} Engine do~vllgrade -specify NA Console engine cover NA AM/FM stereo radix NA D-173 1 Delete side glass only $35.Oflt D-178 t Delete side & rear glass $35.001 Alr COndltlOlllllg NA On-star NA Satellite radio NA Order Codc Add Options All Zones Please refer to Paxt D - Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. 99L ~ Engine upgrade -specify $975.001 S.aL EFl rL r:.k FUEL vs - 99S 1 Engine upgrade -specify $800A01 6,8L EFI 1! 10 REQUIRES F,3E UPGRADE 1 Diesel engine upgrade -specify NA Deluxe engine cover NA 634 ~ ~ Battery - HD atliiliary $145,001 63M ~ Alternator - 130-Alnp $80.001 !55 AAfP ~ 68B/6flJ ~ Electric brake controller $420.001 EBCONL}`RL!}'BEDEALER]A'STAI,LF,pFOR52~19.Q11 ~ ~l'Cileli0n C4111r01 Sld X134 ~ Limited slip differential $270.001 L.~T&AIitILdBILLT}' 1 9flF 1 Power wiudowsldoor locks $670.001 525 ~ Speed control/tilt steering wheel $240.001 18D 1 Appearance package -specify $235.001 IA'CL CIIRO,LIF. GRILLE, SEALED BEAA1 lIFADI.lGHTS, BLACK FRT BUAIPER t 47C ~ Crew vall package -specify $1,220.fl01 Ill`CI.13Ul.KHEAB ~€ S PASSCLOTH. FOR CAPT CHAIR ADD S45 ~ CE ~ Cloth seat upgrade $40.001 Bid Award Announcement (Y O-I 5.0907) 597 V1yHICI.E: E-250 Cargo Van (E2E) E-250 Cargo Van (F.2E) E-250 Cargo Van (E2E) E-250 Cargo Van (E2G) DFALTR: Alan Ja}= Ford Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincoln Alan Ja}=Ford Lincoln Mercury, Inc. Mercury, Inc, Mercury, Inc. Merc-try, Inc, ZONR: 1Vestertr Nar#heru Central Southern BASia PRTCTa: $17,049.00 S 17,049.00 $ 17,049.00 s~ 17,049.Ofl 54E ~ Remote power rnirrars $70.OOt REQUIRES 40F PO{{'ER {31A'D01f'PI;G ~ 54D { ReCI'eatlarlal rt][rr'ar5 $125.001 STD VAN, CUTA 6VA }' OA`I.Y 1 D-DT t Legal deep tinted filth, dealer installed $620.001 INCLUDISFULLGL~[SS1IA=DFROrVT6E7NDOi3S ~ 574 1 Air conditioning -rear $825.00 { NVHAC ~ Rearlleater $1,300.00{ lii=CL AC, REQ CONd'ERSIOA` PKG t 524 1 Privacy glass $295.001 FOR 17JJ'ADD 5125, FROA=T i{'fA'DON'S r1DD S75 { 585 t AM/PM radio with single CD 5295.001 98s t "I31rte Taotlr" connectivity $475.001 RE¢UIRESSSSA,wF,1acD 1 3K t Third key $140.QOt ADD SI00 FOR ADDfTfOe~'AL RERIOTE ~ 90F t Keyless entry $670.001 Li=CLUDF.SPO{1'ER F6lNDON'SPKG t Side air bags NA 18A { Exterior upgrade -specify $415.00 t CHRO,lfF. RURfPER, GRILLE,SEAEED HEADLIGlITS 1 HRO ~ Hig1r roof option $4,895.001 867 t Rrmtring boards $320.001 Vent visors -stick-on sty=le NA R5F 1 Rainsllields -flange style $145.OOt Swing-out side doors on driver's side NA 6flS 1 Sliding side door NC1 942 ~ Daytime running lights $45.OOt ltnmobilize daytime running lights NA 17~V 1 Full body glass $380.001 UTV 1 KUV, Reading van utility body, or approved equivalen# with single rear wheels (requires 1 ton sa8,895.001 cutaway) 031Af fA STAA=DARD OSJ' BOD}` (READING AL U,SffA'U,1f CS{'.1 DD SI500) REQ `S SR L{' CUTA K'rQ }: 1 UTV DRW t KUV, Reading van utility body, or approved equivalent with dual rear wheels (requires l ton $11,599.001 Guta~~'ay) O,lfA1fA STAe1'DARD OS{°BODY (READIA'G ALURfIA'UAf CS1'ADD ti 1000} REQ S DR{{'CUTAI{'A}' ~ CtJESCAItG ~ Optional body - s}~ecif}= $77,314.001 CUESSEd3'ER LYSPF.CTIOA'T{'S}5'TElf 6i'/GASGF.NF.RATOR (RE¢'S33E) t Bi`.d Award Announcement (IO-I8.0907) 598 VEHICLE: C-250 Cargo Van (E2E) E-250 Cargo Van (E2E) E-250 Cargo Van (E2E) E-250 Cargo Van (E2E) DEALER: Atari Jay Ford Lincoln Alan Jay Ford Lincatn Atari Jay Ford Lincoln Alan Jay Ford Lincoln Mercury, Iuc. Mercury, Ittc. Mercury, Ittc. Mercury, Inc. ZOI~tE: Westertt Northern Central Southern BASE PRICE: $17,0}9.00 $17,049.00 $17,049.00 $17,049.00 CUESESTVOG 1 Optional body -specify $76,000.001 CUESSF.f3'1:RINSPEC7'!Oh'TYS}STE,111,1'14`DRYBOXl1'/GefSGEh'ER~ITOR(REQ'SE4F-158) I Powder coating NA 536 I Class 111 hitch $370.001 I'f1CTOR}'CfdSSI7-IYDR~I!{'B~IktV/1"B.tLL,Pih`&CLIP I 995/536/EBC 1 Heavy-duty towing package rip to 6,500 lbs. $I,449.OOt 6.SL D`In/CI,AS.S IJ'/ELECTRONIC f1R,~I:E COeVTROL (REQ'S F,3&} } E3F-I38D I Dtta1 rear«'beels $2,273.001 (CREDIT 52nn FOR .SRi17 {E3F-158 52673) {E4F-158 53989) (E•Fh-I7G $"F484) I N2 1 Nitrogen tilled tires including spare fire $69.©©i S lA 1 Ftttl size spare fire and rim $2`10.0©1 ST~iNUARI3 ON BASE {'AN (OPTIOh'AI.Oh' CUT f iI'A }'1 I BUA 1 Backup alarm $150.001 BtJC-15C I Backup camera ~vittt 3.5" LCD (rear mounted cafnera to provide wide angle field of vision at $470.001 rear of vettiete) REQUIRES SSS A.4I/F,il/CD I 9,000 GVWR package, ntinitrtttm NA S lE 1 8,550 GVWR rated cargo volt with 158" '4VB $1,200.001 E-150 E,l'TF.h'DED LENGTH !'Ah' 1f'/S6nD Gl'1{'R 138" N'B 1 S2E 1 8,550 GVWR rated cargo volt, extended body length $1,$97.001 840nGt'6i'R I E3E 1 9,200 GVWR rated cargo van, standard body [engtlt $2,64$•001 sSnnGt'R`R, 1 S3E 1 9,200 GVWR rated cargo van, extended body lettgtlt $3,895.001 9500 G Y6i R t FPLR I Fttll partition & industrial ladder rack far 135" WB $1,665 001 (PARTITIOA'OA'L}'5545)L.tDDERRfiCI:ONI.PS595) 1 FPLR 1 Full partition & industrial Ladder rack far L55" ~VB $1,665.00} (PARTITIOA'Oh`L}'S595)LADDERRACI:ONL}'5895) 1 COMM 1 Full partition & commercial customer bin system $2,395.001 BASE' COd1.4fERCIAL BIN PKG ti'lSOLID PARTITIOr1' (ADD 995 FOR L'LECTRIA,VS PKG) I GEN 1 Futl partition & general service interior bins $2,695.001 GF,fV&RriL CO,VTRACTORS BIN PKG 13'/SOLID PrERTITION (ADD $1095 FPR PLU,418F.RS PKG} 1 REG-L I Full partition & fiberboard van liner far 135" WB $2,195.001 PROI.GVIh'G 6{YI'lEDON'h'SANDPARTITION I EXT-L 1 Full partition & fiberboard van liner for 155" tiVB $2,495.001 E.l'!'LEh'GTHYKOLIA'INGY3`/TIEDOII'll`SA11'DP~tRTITIOIt' I 12BOX ~ Dual rear wlteet ctttawa}' with 12' box (contact awarded vendor) $7,895.001 IACLUDED F.3F-138D A14'D 54D ,4fIRRORS I Bid Award Announcement IIQ-IS-0807) ~~~ VIJI~ICLIJ; DEALER: ZONE: BASE PR1CE: 14BOX ~ 16BOX ~ PB300 t E-250 Cargo Van (E2E} E-250 Cargo Van {E2E) E-250 Cargo Va~z (E2E) E-250 Cargo Van (E2E) Alan Jay Ford Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincah~ Alan Jay Ford Liucoht Mercury, Inc. Mercury, Inc. Mercury, Inc. Mercury, l~tc. Western 517,049.00 Dual rear wheel cutaway with 14' box (contact awarded vendor) LI'CLUDES E3F--158 AND 34D RfIRRORS (UPGRADE TO E-450 ADD 5i30pJ ~ Dual rear wheel cutaway with 16' box {co~ttaet awarded vendor) INCLUDESE4F-176~IND5~3D.4fIRRORS t Setina PB Efl0Al2 -- 12" Aluminum Push Btunper Setina PB 1 OQA 16 - 16" Afumimun Push Bumper Setina PB300 PrESh Bumper Go Rhi~to 5000 Series Push Buitipers Rear Transport Seat - Lagrma System 3 P Rear Transport Seat - Pra Gard 6000 Series Rear Transport Seat with extended seat belt -Patriot PSCV l Narthern ~ 17,049.00 Central 517,049.fl0 Sonthertt 517,049.00 FCD-A~IT-XIC t American Aluminum Modular Imnate Transport Unit or approved equivalent. One (Ij compartment system for extended fe~tgth cargo van inchtdes: One {1) rear door (key lockable, with hvo (2) 6,Ofl0 lb, strength locks, one {1) rear step, interior and exterior Eights, dual high speed ventilation fans, control paitei, and auxiliary (rear) AC/heat. Must be ordered with rear AC. FOR HF.GUf AR LEA'GHT YAri'S RECOAfdfEND UPGRAGE TO ESE llfODEL 9500 G t'6VR (ADD 5900 FOR E,LTEri'DED LENGTH) (REQ S REAR rUCJ t 58,495.00 t $ 11,295.flOr NA NA 5515.00t NA NA NA NA 58,595.flOt FCD-1I~IT-X2C/Fl3 t American Altntiint~m Modular Inmate Transport Unit or approved equivalent. Twa {2) 58,595.OOt compartment system for extended length cargo van incfudes: 'i'wo (2} rear door (key lockable, with four (4) 6,000 lb. strength locks, one {1) rear step, interior and exterior [iglus, dual high speed ve~uilation fans, control pane{, and auxiliary (rear) AC/heat. Mrist be ardered with rear AC. FOR REGULAR LEA'GTH )'All's RECOAf,tfEND UPGRADE TO ESE MODEL 4300 Gl'6{'R (ADD 5900 FOR F,hTF.NDF.DLF.r!'GTHJ (REQSREARA/CJ t FCD-MT-X2C1LR ~ American Aluu~i~uutt Modular Inmate Transport Unit or approved equivalent. Trvo (2} compartment system for extended length cargo van includes: One (I) rear door (key lockable}, one (I) side door (key lockable}, four (4) 6,000 lb. strength Pocks, one (1) rear step, one {1) side step, i~uerior and exterior lights, dual high speed ve~ttilation fans, eoturol panel, and auxiliary (rear) AC/lteat. Must be ordered with rear AC. FOR REGULAR LENGTfI YAlI'S REC0,4fEh'D UPGRADE TP E3E,4fODEL 9300 G t'K R (ADD 5900 FOR F„4'TEi1'DF.I) I,F.ri'GHT T'rfA'S) (REQ S REAR A/CJ t FCD-MT-X3C t Attaeriean Aluminum Modular Inmate Transport Unit or approved equivalent Three {3) compartment system for extended length cargo van incfudes: Two {2) rear doors {key lockable), one (1}side door {key lockable}, and six (6) b,000 fb. strength locks, one {1) rear step, one {1) side step, interior and exterior lights, dual high speed vetuilatiott fans, control panel, and auxiliary (rear) AC/heat. Must be ordered with rear AC. FOR REGULAR LEA'GTH J'AR'S RECOAIEND UPGRt1DE TP E3E,110DEL 9500 GE'66'R (ADD 5900 FOR EA'7'I:'~i'DF,D l.EA'GfiT H'AA'S} (REQ'S REAR A/CJ 1 SAFE-T ~ Optional equipment -specify FIRF.F,.YTIA'GUISHER, ISTAIDKIT, TRIAeVGLES ~ 425-5324 t Optional egnipn~ent -specify JOTTO CO,tIPUTER hfOUNT "NO HOLES DRILLED'; IA'STALLED t 58,595.fl0~ 58,595.OOt 5295.00 t 54s5.ao t Bid Award Announcement (YQ-18-0807) 600 VEHICLE: E-250 Cargo Van (E2E) E-250 Cargo Vatt (E21;} E-250 Cargo Van (E2E} E-250 Cargo Van (E2E} DEALER: Alan Jay Fard Lincoht Alan Jay Ford Lincoln Alan Jay Ford Lincoln Alan Jay Ford Lincoln Mercury, Inc. Mercury, Inc. Merctt€}=, Inc. Mercury, Inc. ZONE: Western Nortiteru Central Soutlterlt BASE PRICE: $17,049.00 517,049.00 $17,fl49A0 $17,fl49.00 PARA2 ~ Optional equipment -specify $16,959.Ofl1 Yaralravrsif vnx 5 mrrbrrfatvey 2 rrhee! drain E'ma jr~/ If'Ireef Clanir lift (Reel s optiolr E3E} ~ PARA3 1 Optiona! equipttteltt -specify $17,459.Ofl1 Pararrar,sil5 anrbufalory~ 3 tirJreel chair, x~/wheel chair lift {Req's OlJtiorr S3EJ } Optional equipment -specify NA TEMP } Tempo€ary tag $25.fl01 TRANS ~ Transfer existing registration (trust provide tag menfier} $123.601 Ih'Cf,UDI:'STfVOI{if}'dI'ERr1=IGHTSH1PPIr1'GFORSIGiV~lTURES ~ TAG 1 New state tag (specify state, county, city, sheriff, etc.) 5175.741 Ih'CLUBEST6VOl{'rf}'OT'ERrVIGHTSHiPP1ArGF'ORSIGh=rETfIR~'S } DSM ~ Complete set of shop manuals ONLY 5180.001 4{'!!.L SIAP LATE SU.tfAfER 1 EC575 1 li~arranty -specify $1,615A01 E.YTRA CARE S}'R 75KAfILES 0 DED } PC575 { Warrant}=-specify= $2,160.001 I'REhflU,lf CARF. S }R 75K hffLE D DED ~ PC6104 1 Larranty - specifj= $3,040.401 I'REAf1U,tf CARE b} R f DDK .~IlLES D BED 1 Diesel Warranty -specify NA Diese[ Warranty -specify NA Diesel Warranty -specify NA Bid Award Announcement (.I O-.I$-D907j 60I ~~ t ~ _-,~ FAG t ~` t.'{~' I~I.OI2I IAA k ~. ,~s n.~ Alf Aboa! f~7ari~la FLORIDA SHERIFFS ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES & FLORIDA FIRE CHIEFS' ASSOCIATION UTILITY CARGO VAN SPECIFICATION #29 20~. ~. CI>Ievirolet E;~piress Cargo Van {CG2340S) __~ r `_ ~--, ~` ~, 5 ~ lt~\ [ \}`/ I' , ~ ~~~ as The Chevrolet Express Cargo Vain (CG23~05}purchased through this contract comes witlr all the standard equipment as specified by Hie manufacturer far this model and FSA's base vehicle specification(s) require-uents which are included and made a part of this contract`s vehicle base price as awarded by specification by zofie. ZONE: ,t 1Vestern *Northern * Central * Soulherft BASE PRICE; $16,156.00 $16,052.00 $i6,002A0 $16,052.00 While the Florida Sheriffs Association, Florida Association of Counties and Florida Fire Chiefs' Association have attempted to identify and include those equipme~~t items most often requested by participating agencies for fifll size vehicles, we realize equipment feeds and preferences are goi~~g to vary from agency to agency. In an effort to incorporate flexibility into our program, eve have created speciftc add delete options which allow the purchaser to tailor the vehicle to their particular wants or needs. The fopowing equipment delete and add optio~is and their related cast are provided here to assist yoi~ in approximating tl~e total cost of the type vehicle(s) you wish to order through this program. Simply deduct the cost of any of the following equipment items you wish deleted from tl~e base unit cost and/or add the cost of any equipment items you wish added to the base unit cost to determine the approximate cast of the type vehicles} yotE wish to order. NOTE: An official listifig of a[l add/delete options and their prices should be obtained from tlfe appropriate dealer in your zone when preparing your order. Additional add/delete options other than those Fisted here niay be available through tl~e dealers, however, those listed here must be Honored by the dealers in your zone at rite stated prices. Bid Award Announcement (I D-I8-0907) 602 V1;HICLII: Express Cargo Van Express Cargo Va^ Express Cargo Vafl Express Cargo Van (CG23405) (CG23405) (CG23405) (CG23405) DEALER: Garber Chevrolet Buick Bartow Chevrolet Bartow Chevrolet Bartow Chev rolet GMC Truck, lnc. ZONES * 1Vestert~ * Northern '`Central "Southern BAST; PRICE: $f6,156.Ofl $Ib,052.00 $16,002.00 $16,052.fl0 Northern & Ceuh•al Order Cole Delete Optimis ~Vester'u & Southern CG13405 t 1/2 too cargo va~~ $625.OOt $200.{102 1500 SERIFS {'AN ~ Includes str$ulirrd 4.3 ~! 6 2 LLI3 ~ Engine dow~~grade -specify NC1 NCZ 1.}L 1'G REQUIRESCG13105 1 ~t.3 i!b -requires I/21orr van 2 Co~isole engine cover Stdt NA CONSOLE IS STD EQUIP,4IENT t A[vi/FM stereo radio Stdt $100.002 Ih'CL UDED LV BASE SPEC ~ !em•es onlp radio provisions 2 LW2 t Delete side glass only NCt $30.fl0 DZW4 ~ Uelete side Sc rear glass NCt $60.00 Air co~iditioning NA $90.00 O~~_Star Stdt NA DELETE IS STDF.QUIPdIER'T ~ Satellite radio Stdt NA DEI.T•.TF. IS.STD EQUIP,i1EA`7' t Order Codc Add Options Northern & Ceutral ~Vester~~ & Southern Please refer to Part A - Emergency Vehicle Lighting Specifications for lightbar descriptions and the awarded dealer pricing. LYG z Engine upgrade -specify NA $995.002 6.0 J! St 5.3 [! 8 only art 1/2 tort 5995 2 L96 t Engine upgrade -specify $995.OOt $15,885.002 b.OL i'S CAS. /A'CLUDES E,YT6RN~iL EA'GIrVE 011. COOLER. INCLUDEDIA'CG33903 dIODEL 1 Derlicat~°d Conrpresserl A'rrlrrral Gas it/LC8 b.OL gaseoars errgine 2 LGH ~ Diesel engine upgrade - specif}' $i2,02G.Oflt $12,585.Ofl NA if'ITII CCI3105. Ill'CI.UDF.S 1SD PACI;AGE: G.bI, DIF,SF.L ENGINE, if ITH CUTAbi`A f' OPTIONS USE 511000 ~ BA3 ~ Deluxe eugiaie cover $20.flOt $20.00 IA`CL UDES SWLI'G OUT STORAGE $L1r 1 UA1 ~ Battery - HD auxiliary $b0.00~ NA Bid Award Announcement (IO-IS-0907) 603 VEHICLE: Express Cargo Van Express Cargo Van Express Cargo Van Express Cargo Vats (CG23405} (CG234fl5} {CG23405} (CG23405) DEALER: Garber Chevrolet Buick Sarto~v Chevrolet Bartow Chevrolet Bariaw Chevrolet GMC Truck, Ittc. ZONE: * ~Vcstern ~ Northern '`Central * Southern BASE PRICE: $16,156.00 S 16,052.fl0 $ I6,002.00 $16,052.00 KG3 i Alternator - 130-Amp $75.00 t $75.002 I45 ~I ~lIP t 145 arnp; dual nits 145 nnzp jar diesel 5550 2 EBC ~ Electric brake controller $246.OOt $200.Q0 JL4 t Traction control Stdt Std STAIfII.ITRAK t G80 t Limited slip differential $325.flOt $325.002 G80 2 LOCKING DIFFERENTldL t ZQ2 t Power windows/doorloeks $475.flQt $475.fl02 ZQ2 2 ZQ3 t Speeci cantroUtilt steering wheel $395.OOt $395.002 ZQ3 2 V37 t Appearance package - specif~ ' $65.00} $355.002 ZR7 2 S CHRO,SIE &U,ifYERS Ih'CLUDI clrrorue nppenrmzce pkg 2 Crew van package -specify NA $4,495.002 1ud roir crezs~ bench added -S passeugrrs 2 ASS t Cloth seat upgrade $50.00 t $50.002 AS52 !'RONT&UCKEYSI3'iTHCUSTOAfCLOTH.INCLUDE5I3A3 t DES ~ Rctnote power mirrors $11 SAO t $155.002 ©E7 2 REQUIRESLQ2 PACK.{GF.. CODEDE7 Ii'ITHDIESF.I, t DHC } Recreational tttirrars $250.00 t $395.002 REQURRF,SCUTAJf`ef}'ORDU~ILRF,rER{VHEEL } Erteuded mirrors 2 TINT t Legal deep tutted film, dealer installed $246.OOt $350.00 DE~tLER TLi'TED t C69 t Air conditioning -rear $860.OOt $860.flQ2 CG9 2 Gti'CL UDF-S C36 t C36 t Rear heater $295,OOt $295.002 C36 2 L1'CI.UDED 6I'ITH Cb9 t AJ1 t i'rivacyglass $335.flOt $350.00 REQUIRES ~ 19 S6t'Ir!'G OUT GL~tSS OR.118 REdR SI{'L\'C OUT il'L1'DOTf'S. 5446 !t'ITH FULL 1?OD}'GLrtSS t UiC t AMIFNi radio with single CD $335.OOt $705.00 lISB Z USS- ,tIP3 CD 15 5705. REQUIRES 7.Q2 t i~~itlr ,t1P3 -requires ZQ2 2 iJPlt t "Blue 'Tooth" connectivity $50.00 t $50.002 ~~ ~ 2 REQUIRES Or1'STi1 R UEI, US8, U1K,11'P5, 6E'1 }' dl'D ZQ3 AT SIri 95 t inquires USS rndio 2 SHl ~ Third key $45.OOt $75.002 3K 2 IA'CLUDESTb1'DAfJDITlOr\'~EI.KE}S t Bid Award Announcement (I O-IS-0907) 804 VEHICLE: Express Cargo Van Cypress Cargo Van Express Cargo Van {CG2340S) (CG234fl5} (CG234DS) DEALER; Garber Chevrolet Buick Bartow Chevrolet Bartow Chevrolet GMC Trttck, inc. ZONE: '' Westera~ ''Noiihern *Central BASE PRICE: $1b,I5G.Ofl $16,OS2.00 $IG,002,00 ATE' Keyless entry ATG 2 KEgUIRES zQz t A5F ~ Side air bags ASl:2 STD6{'ITHCGI3405.REQUIRESTR9ATS35f4'ITHDIF.SF.I, t not m•ailabfe 3cillr pnrlitfon 2 ZR7' Exterior upgrade -specify ZR7 2 CIIRDdfEftPPEARANCE PACKAGE., INCLUDES f'37 t c6ranrc app pkg 2 High roof option rerlnires jraure srrppnr! ijnrorrnlinK.f/C unit $1995 2 DRB' Running boards DEAI.F.R INSTALLED E assist steps 2 VV' Vent visors -stick-an style RS ' Rainshields -flange style C26' S~i'ing-out aide doors on driver's side E26 2 ArA WITH YA2 F YA2' Sliding side door YA2 2 NA K'ITII E2b ~ Da}=time running lights DRL' Immobilize daytime running lights DEALER INSTALLED ~ ZW6' roll body glass zWG 2 ADDA19 ff'ITHPRIF'AC}'GLAS50PTIO~V F KUVSRW' KUV, Reading van utility body, or approved equivalent with single rear wheels (requires 1 ton cutaway) IrVCLUDES Sle!'GLE RF,AR }f tfEEL CREDIT AA'D R04 OPTION } II' Body= 57"H,• for 75"H add J20D0 2 KUVDRW ~ KUV, Reading van utiiit}' body, or approved equivalent with dual rear wheels {requires l ton cutaway) RE~fuiRES Ros F I1'Bad}' 75"F12 COMMVAN t Optional body -specify ODY-i]LPLpY 2 CO.kf~iIERCIALHVACIr1'TERIORPACKAGF., NATS7THBL1'PACKAGF_SBF.I,O{f' t Od}ssey'12'Depfo~•n+errtltaseYan; Pkg~IS70,4b6: PkgBS84,795(rer<uiresCrrrarra~) 2 ODY-CDEPLOY 2 Optiot~af body -specify Odyssey= Cargo rmr Deployment base package; Pkg ~[ 325,513; Pkg B 534,2.57 ~ Powder coating 782' Class iiI flitch fA'CLUDES UY7. TOR CUTAffA}`AfODELSADD ti725 TOR C'OAfPLETE T06V PACKAGE t Bid Award Announcement (IO-I $-0907) Cxpress Cargo Van (CG234fls) Bartow Chevrolet "Southern $IG,asz.oo $170.00' $i7D.DO2 $350A0' $3sD.042 $35s.00' $3s5.fl02 NA $5,495,002 $995.00' $8}0.002 $130.DD' NA $135.00' $149.fl0 $67D.flD' $6?0.002 $isfl.00' $150.002 Std Std $21D.oo' $zoD.oD $315.OD' $31s.Da2 $9,000,00' $9,897.002 $12,ooD,oD' $12,197.Dfl2 $3,865.OD' $64,355.002 NA $19,s83.002 NA NA $265.fl0' $485.OD 605 VE}iICLE: Express Cargo Van Express Cargo Van Express Cargo Van Express Cargo Van {CG2340S) ~ {CG23405) (CG2340S} {CG23405) DEALER: Garber Chevrolet Buick Bartow Chevrolet Bartow Chevrolet Bartow Chevrolet GMC Truck, luc. ZONE: * Western *Northern * Central # Southern BASE PRICE: $16,156.Ofl $16,052.00 $16,002.OD $16,052.00 UY7 ~ Heavy-duty towing packa~e t}p to 6,500 Ibs. $65.00 { $585.002 7 P17V SEAL&D CaA'NECTOR requires G~SD a»d upgraded errgir,e 2 ROS ~ Dual rear wheels $1,556,003 $2,495.flfl2 CUTAI'VAYS ~ 1,\'CLUDES C7tf 1 DODD G{~N'R DU~fL REAR {4'HEEI, ,4fODEf. CG33SD3 1 139"I{'II it/lOkGb'N'.- I2,3D0G{'{f'add SSSD; 159" }f'B 53495; 12,3DDGb'If'add 54511,• 177" I{B 12,300 GV{I'S529S 2 N2 } Nitrogen filled tires including spare fire $150.003 $99.00 Full size spare tine at~d rim Stdt $525.00 G4'CLUI)ED Y}'ITIf 1?ASF, SPEC AND CUTrf bb'R }S ~ 8S3 { Backup alarm $98.003 $137.00 BUC { Backup camera with 3.5" LCD {rear moiu}ted camera to provide wide angle field $646.003 $790.002 BUC 2 of visiot} at rear of vehicle} DEALER INSTALLED 3 CG3340S 3 9,000 GVWR package, Il11nt17tU111 $3,93G.Ofl3 NA 8,550 GVWR rated cargo van with 158" WB NA NA CG2370S 3 8,550 GV WR rated cargo van, extended body length $2,774.Ofl3 $2,26D.DD2 CG23705 Z s6oD 3 314 fo» 2 CG3340S 3 9,200 GVWR rated cargo van, standard body length $3,93G.Ofl3 $3,620.002 CG3340S z 900 3 ! !°» 2 CG33705 3 4,200 GVWR rated cargo van; extended body length $4,784,OOt $4,SD5.002 CG3370S 2 I rO1r 2 VLI'+VLV ~ Full partition K, industrial ladderraek for l35" WB $1,438.OD3 $L,665.00z partirio» ordy 5795; ladder rack °nl~~ .5995 2 VLP+VLV 3 Full partition & industrial ladder rack for 1SS" WB $1,438.OflE $1,665.002 partirfar arrly 5795; ladder rack wrlj~ $995 2 R7T' Full partition & commercial customer bin system $2,275.Ofl3 $2,195.00 R7Q{{'ITIIEYPRF.SSACCF.SS.RF.~7UIRF.STR,II.IR'CLUDESBULKIiEAD { TBM GSC 3 Full partition & general service interior bins $3,045.003 $2,995.00 l,~'CI,UL?ESBULKHEAD } TBM 1'P 135 ~ F3111 partition & fiberboard van liner for l35" 1VB $2,060.D03 $2,585.00 POL}'PRDTECTOLIt1'ERFROEfADRIAI!'STEF.f. { TBM 1'P 155 3 Full partition & fibarhoard van liner for 155" WB $2,525.003 $2,735.00 CG33503 l2B ~ Dual rear wl}eel cutaway with 12' box {contact awarded vendor) $7,212,003 $S,DSOAO r,vcLUDESCUrA{{'Arorr~oN ~ CG33803 14B } Dua[ rear wheel cutaway with 14' box {contact awarded vendor) $7,412.00} $8,550.00 G\'CI,UDES CUTrf b{i1 }'OPTION 3 CG339fl3 16B ~ Dual rear wheel cutaway with 16' box (col}tact awarded vendor) $7,912.003 $9,050.00 r~vcl.uDESCUrAb{'AroPr~oN 3 Bid Award Anrzouncemertt (IO-YS-0907) 606 VEHICLE: Express Cargo Vast Express Cargo Vatt Express Cargo Van Express Cargo Van (CG23405} {CG234fl5) (CG23405) (CG23405} IaI;ALLR: Garher Chevrolet Buick Bartow Chevrolet Bartow Chevrolet Bartow Chevrolet GMC Truck, Inc, ZONE: * lUestern * Northern # Central * Southern BASE PRICE: $1 b, i 56.00 S 16,fl52.00 $16,002.00 $16,052.00 SPB 12 t Sctina PB 100A12 - l2" Alumi~nun Push Bumper SSOO.OOt $465.00 SPB I b E Sctina PB 100A 1 G - 16" A[amhnnn Push Btmtper $500,00 t $515.00 SPB300 t Sctina PB300 Puslt Bumper $SOO,flO SS 15.fl0 GRS ~ Go Rltino 5000 Series Push Bumpers $500.00 $515.00 Rear Transport Seat -Laguna System 3P NA NA Rear Transport Seat -Pro Gard b000 Series NA NA Rear Transport Seat with extended seat belt -Patriot PSC V 1 NA NA FCD-MT-X t C t American Aluminum Modular Inmate Transport Unit or approved ecltEivaient. One 57,739.fl0 $9,390.002 FCD-MT-X1C 2 (l) compartment system for extended length cargo van inchides: One (I}rear door (key lockable, with two (2) 6,000 Ib, strength locks, one (1}rear step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear} AC/lteat- Must be ordered with rear AC. FCD-MT-X2C/FB t American Alumi~unn Modular lnmate Transport Unit ar approved ecluivale~tt. Two $8,316.OOt $9,690.002 FCD-MT-X2ClFB 2 (2} compartme~tt system for extended length cargo vast includes: Two (2) rear door (key lockable, with fatEr (4) 6,fl0016. strength locks, one (1}rear step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear} AC/heat. Must be ordered with rear AC. FCD-MT-X2ClLR j American Aluminum Modular Imitate Transport Unit or approved equivalent. Ttvo $8,489.flOt $9,890.002 FCD-IViT-X2C11,R 2 (2} compartment system for extended length cargo vast includes: One (1}rear door {key lockable), one (i}side door (key lockable), four (~} b,0001b. strength lacks, o~te { [)rear step, one (1} side step, interior and exterior lights, dt[al high speed ventilation fans, control panel, and auxiliary (rear} AC/lteat. Must be ordered with rear AC. FCD-MT-X3C t American Aluutinu~tt Modular Inmate Transport Unit or approved equivalent. $8,316.OOt $9,990.002 FCD-MT-X3C 2 Three (3) compartment system for extended length cargo van i~tcludes: Two (2) rear doors (key lockable}, one {1}side door (key lockable}, and six (6} 6,000 Ih. strength locks, one {1) rear step, one (1) side step, interior and exterior lights, dual high speed ventilation fans, control panel, and auxiliary (rear} AC/lteat. Must be ordered with rear AC. DAS ~ Optional equipme~tt -specify $354.00 ~ 528,038,()02 ODY-COMM'` DUAL.1,tIBER $E,tco,v ~ Ocl}useJ~ Conr+na+rrl J'nn base 1+kg; Pkg.t 5d6,0i9; Pkg B 567, 799 - a!! require cutms~try 2 A 19 t Optional equipment -specify $160.00 t $92,475.fl02 ODY-BURN 2 siE`In`c oUTCr,,~ss t Odyssey Surreifla+ace {'a+r base pkg; Pkg A $96,885,- Pkg B 5118,950 -all require 2500 or 3500 cargo 2 ~ s an SIIS ~ Optional equipment -specify $40.00 $57,01 &.002 ODY-DEPL9 ~ FIRE F.,YT1,1'GUISHER ~ 9' Odyssey 1)eployvuen! ran base pkg; Pkg. 562,960; Pkg B $77,295 -all require c+itms~ay 2 SH6 ~ Optional equipment -specify $40.00 REFLECTI~~ETRIAII`GLEKIT t Bid Award Announcement (10-Y8-0907) 607 VEHICLE; Express Cargo Van Express Cargo Van Express Cargo Van Express Cargo Van {CG234fl5} {CG23405) {CG234flS) {CG23445) DEAL>uR: Garber Chevrolet Buick Bartow Chevrolet Bartow Chevrolet Bartow Chevrolet GMC Truck, Inc. ZONE: * Western '`Northen~ *Central '` Sottlhern BAS1GP1tIC1u: $16,156.00 $16,fl52.00 $16,002.00 $16,052.00 TA LIFTGATE ~ Optional ecluiprnent -specify $3,147.001 TUCKAJ{'AYf.IFTGATF.FORBQI'I'S ~ TEMP 1 Temporary tag $6.001 $20.00 TXFR 1 Transfer existi~~g registration (must provide tag number} $lOS.001 $106.00 TAG t New state tag (specify state, county, city, sheriff, etc.) $129.00} $149.00 DSM 1 Complete set of shop manuals ONLY $345.001 5499.402 bSM 2 MAJOR-GAURD Warranty -specify $1,690.00} $2,610.002 575 } S YEAR 75000,}IfLE ZF.RODEDUCTfBL~ NA N'fTHCG33903 t MAJORS 2 General etialors 5)•ear/100k uriles, 50 Deductibfe; Enrergeucy vehicles add $2000 2 MAJOR-GAURD tiVarrauty -specify $2,110.00} 52,990.402 5100 ~ S }'F.AR 100000 dflLE ZF,RO DEDUCTIBLE. ~\'~f N ITh`CG33903 } MAJOR6 2 Genera! dfotors 6 year/100k »riles, S0 Derhrctible; Emergency> t~eliicTes add 52000 2 MAJOR-GAURD Warranty -specify $2,460.001 $2,975.002 6144 ~ SI,YYE<1Rf00000AfILEZERODEDUCTIBLE.,VAii'fTHCG33903 t MAJOR7 2 General hlorars 7 year/34k uriles, 50 Deductible; Emergency 1~ehicles add S200D 2 MAJOR-GAURD Diesel Warranty-specify $1,694.441 2 575 1 S }'EAR 75000 ~}fILE ZERO DEDUCTIBLF,. NA Yb'ITff CG33903 1 SAAfE AS GAS 2 MAJOR-GAURD Diesel 1'Varranty -specify $2,110.001 2 S 140 1 S }BAR 100000 AffL6 ZERO DEDUCTIBLE, ~1'A tI'ITH CG33903 1 A!! sv/reet chive: arld ,$380 for Syr; ndd 5510 for Gjr; add 5490far Tyr 2 MAJOR-GAURD Diesel Warranty -specify $2,460.00 6140 1 SI,I' S FAR 100000 ,111LE ZERCJ DEDUCTIBLE. h'A Ef'fTH CG33903 ~ Bid Award Announcement (10-Y 8-0907} SO$ Options Ford E-250 -Alan Chevy 2500 - Jay Ford Garber Chevrolet ~~~B~a~~Se~~~~~~P~r~l~Ce~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~1~7/~~0~49~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~1~~/~1~5~~ ~~~B~a~~c~k~~~~~U~~p~~~~A~~~a~~r~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~1~5~~0~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$9~g~ ~U pgra~e~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ $80 $75 Alternator: Ford 130Amp / Chevy 145 Amp ~~~S~n~o~p~~~~~~~a~~n~~u~a~~l~s~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~1~80~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~3~4~5~ ~~Te~~~~~p~o~r~a~~ry~~~Ta~g~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~2~5~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~ 5/75 EXtended $1/615 $1,690 Warranty ~~~S~p~ot~~~~~L~lg~n~t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~45~0~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~3~8~9~ ~~~S~I~~I~~~~I~~n~g~~~~~D~o~o~rs~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~0~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1~5~0~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Tot~als~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~19~5~49~ 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~$~1~"s""/~9~0~9~f ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 30, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 WAIVER REQUEST/ GERMAN AUTO WORLD ITEM BEFORE COMMISSION Consideration of a waiver request to Land Development Regulation (LDR) section 6.1.2(c)(3)(a) to allow 20.5' of pavement width where 24' minimum pavement width is required for German Auto World located at 2165 West Atlantic Avenue. BACKGROUND Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following justification statement regarding the waiver request: "We are requesting a waiver for the driveway width in front of the EuroStone Imports section of the property. The driveway here is 20' 6". This is an existing building and an odd shaped lot. We are trying to preserve the existing customer parking in front of the building while ensuring that the required parking is met. The parking spaces in the narrowest section have been changed to compact spaces to help alleviate the restriction of the existing site conditions." The development proposal provides a 20.5' wide two-way drive aisle for approximately 12.5' then widens to a 24' wide two-way drive aisle immediately adjacent to West Atlantic Avenue. This slight variation represents an existing condition for which no prior conflicts have been noted. This development is actually improving the existing situation by relegating adjacent parking spots for compact use. It is anticipated that the 20.5' wide two-way drive aisle will provide adequate area for through traffic entering and exiting from West Atlantic Avenue. Due to the peculiar shape of the parking configuration, provision of the required 24' two-way drive aisle pavement width can not be accommodated unless parking spaces are eliminated. Given these factors and the limited nature of the request, the waiver can be supported. Pursuant to LDR Section 6.1.2(C), the City Commission may authorize a reduction in the minimum required width of paving if it is determined that the provision of a 24' pavement width would not be feasible or would constitute a hardship provided the reduction would not endanger public safety and welfare. The granting of this waiver will not endanger public safety and welfare. Approval will not create an unsafe situation, significantly diminish the provision of public facilities, or adversely affect the neighboring area. The approval of this waiver will not result in the granting of a special privilege, in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Based on the above, positive findings can be made with respect LDR Section 2.4.7(B)(5) to support the waiver request. REVIEW BY OTHERS The Site Plan Review and Appearance Board reviewed the waiver request at their meeting of March 23, 2011 in conjunction with the Class III Site Plan Modification approval. The Board voted to approve the waiver on a unanimous vote of 5-0. A detailed description and analysis of the development proposal is contained within the attached Site Plan Review and Appearance Board staff report of March 23, 2011. RECOMMENDATION Move approval of the request for a waiver to LDR Section 6.1.2(C)(3)(a) to reduce the minimum pavement width of the interior drive aisle from 24' to 20.5', by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.7(B)(5) of the Land Development Regulations. SATE PLAN RE1/1EW AN®APPEARANCE ~®AR® CITY OF DELRAY REACH ---STAFF REPORT'-__ MEETING DATE; March 23, 2011 ITEM: Class 111 Site Plan Modification far German Auto World located at 2165 West Atlantic Avenue to allow conversion of 13,923 sq. ft. of warehouse use to an auto body, repair and paint shop with employee offices and enclosed parking. GENERAL DATA: Owner ................................... Tiles By Vali Inc. Applicant ........................... ......... German Auto World, Inc. Agent ................................ .......... A. Grant Thornbrough & Associates Location ............................ .......... On the north side of West Atlantic Avenue, just west of Congress Avenue Property Size .................... .......... 73,616 sq. ft. (1.69 acres) Existing FL.UM .................. ......... CMR (Commerce) Proposed FLUM ......................... No change Adjacent FLUM .................North: CMR {Commerce) East: CMR (Commerce) South: PC (Planned Commercial) West: CMR (Commerce) Current Zoning ............................ MIC (Mixed Industrial and Commercial) Proposed Zoning ........................ No Change Adjacent Zoning ................North: MIC (Mixed Industrial and Commercial) East: MIC (Mixed Industrial and Commercial) South: GC (General Commercial) West: MIC (Mixed Industrial and Commercial) Existing Land Use ...................... Warehouse Proposed Land Use .................. Auto Body Repair and Paint Shop Water ................................... Existing via a 12" water main along the north side of Atlantic Avenue Sewer ................................... Existing on-site ~, aenurr.wca~s 4 A. ~ OY/ENS BAKER ROAD Z PALM fRAN w 7 V~ w SA 7ECUTE-FAGIUTY ~ N.W. 151' 9T. K U OfiRAY AWNING HlCH SCHOOL ATLANTIC S1iAW TRUCKING ryIGH ~pK., a y~~ 6 ~ scxo y P ,~~G A N ^ p T ~- GONGRESS S(IUARE Y W ~~SS ~ C N Z 0 U N ~A~K ITEM BEFORE THE BOARD The action before the Board is approval of a Class III site plan modification to establish an auto body, paint and repair shop within existing warehouse buildings located within the MIC {Mixed Industrial and Commercial} zoning district, pursuant to LDR Section 2.4.5(G)(1)(c). The business is located at 2165 West Atlantic Avenue, which is on the north side of West Atlantic Avenue, just west of Congress Avenue. BACKGROUND ; The proposal involves a 1.69 acre site consisting of a large multi-tenant warehouse building totaling 18,816 sq. ft. which fronts on West Atlantic Avenue and a smaN 4,848 sq. ft. warehouse building in the rear. On September 20, 2010, the Planning & Zoning Board recommended approval of a conditional use application to establish an auto body, paint and repair shop within 9,075 sq. ft. (westernmost bay} of the 18,816 sq. ft. building and in the 4,848 sq. ft. warehouse building in the rear, for a total of 13,923 sq. ft. This conditional use was approved by the City Commission on October 5, 2010 and expires on April 5, 2011. A Class Ill site plan modification application has been submitted to legally establish the auto body, paint and repair shop within existing warehouse buildings and provide additional enclosed and surface parking for German Auto World and is now before the Board for consideration. PROJECT DESCRIPTION The operation will include an auto body, paint and repair shop with a customer waiting area, employee offices and interior parking. The use falls within the category of automobile body, paint and repair, and requires conditional use approval per LDR Section 4.4.19(D)(1}(c). There will be a maximum of six {6} employees. Three (3) employees will be office and administrative and the other three (3) employees will be automotive repair technicians. The 2,012 sq. ft. of offices proposed will accommodate six (6) customers in the lobby area and six {6) workstations for the office personnel and technicians. Automotive drop-off and pickup will occur in the front of the building. Vehicles will then be driven to the rear of the building to enter through overhead doors and taken to their respective work stations inside the building. Additional parking spaces will be provided in the rear of the building to accommodate serviced vehicles waiting for pick-up. Parking spaces in the front of the building will accommodate customers dropping off vehicles and employee vehicles. The operating hours will be Monday through Friday, 8:00 a.m. to 5:00 p.m., and the operation will be closed on Saturdays and Sundays. -:SITE PLAN~ANALYSIS ~ __.. LDR Section 4.6.9 (Parking): Pursuant to Section 4.6.9(C)(5)(a), general industrial uses (manufacturing, assembly, attendant offices) shat! provide parking at a rate of 3 spaces per 1, 000 sq. ff. of floor area devoted to such uses and 1 space per ~,OOQ sq. ft. of floor area devoted to storage and +~varehause. In addition, Vehicle body and repair shops shall provide 4.5 spaces per 7,000 square feet of gross floor area per LDR Section 4.6.9(C)(5)(b). Per the accepted floor plans associated with the conditional use approval, the required parking for this change of use is a total of fifty-two (52) spaces; three (3) spaces per 1,000 sq. ft. for the Site Plan Review and Appe .nce Board Staff Repork: Meeting of 0312;: Class III Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 2 2,012 sq ft. of office area (6 parking spaces), 4.5 spaces per 1,000 sq. ft. for the proposed 5,051 sq. ft. of auto body and repair shop area (23 parking spaces) and 4.5 spaces per 1,004 sq. ft. for the proposed 2,424 sq. ft. of auto paint shop area (11 spaces). The remaining floor area associated with the auto related use (4,436 sq. ft.) is devoted to interior parking. The balance of the existing buildings on-site requires an additional twelve (12) spaces; one (1) space per 1,040 sq. ft. for the additional 8,861 sq. ft. of warehouse use within the existing multi-tenant building (9 parking spaces), and three (3} spaces per 1,000 sq. ft. for the 880 sq. ft. of offices existing within the multi-tenant building {3 parking spaces). The required parking for the entire site is fifty-two (52} spaces and thirty-eight (38) parking spaces currently exist. There is a current fourteen (14} space parking shortage on-site. To accommodate the parking shortage, the applicant has proposed six (6} interior parking spaces in each of the existing twa {2) warehouse buildings for a total of twelve (12) new interior parking spaces. This reduces the shortage to two (2) spaces. Finally, the applicant has proposed to convert the 4,900 sq. ft. of outdoor storage (nonconforming use) at the rear of the site to five (5} additional surface parking spaces to accommodate the new use. This will result in a parking surplus of three {3) spaces. With the provision of additional interior and exterior parking spaces, the site meets the parking requirements. The floor plans were omitted and usage areas appear to be inconsistent within the current site plan proposal from the accepted floor plans and usage areas associated with the conditional use approval on October 5, 2010. In such case, as a condition of approval, the accepted floor plans and usage areas consistent with the conditional use approval and aforementioned parking analysis shall be provided and updated on the site data chart for the approved site plan prior to certification. LDR Section 4.5.6 C 1 Refuse Facilities: Pursuant to LDR Section 4.6.6(C}(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property adjacent to the 4,848 sq. ft. warehouse building. A detail of the dumpster enclosure needs to be provided. Further, the applicant shall obtain written approval from Waste Management regarding the locatian and size of the enclosure, which is attached as a condition of approval. LDR Section 4.5.8~B)~31(c) Lightinal: There is a concern regarding the adequacy of lighting at the rear (north) and the east interior side of the building. Adequate lighting must be provided to alleviate potential safety concerns for customers proceeding to and from the public parking in the rear. A photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas needs to be provided, and is attached as a condition of site plan approval. Site Plan Technical I#ems: While revised plans have accommoda#ed most of staff's concerns, the following items remain outstanding and will need to be addressed prior to site plan certification: 1. That written approval from Waste Management regarding the location and size of the enclosure be obtained. 2. That a photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking-areas to the rear be provided. 3. That all paintwark must be conducted inside the 4,848 sq. ft. building in the rear. 4. That plans indicate how drainage will be accommodated. Site Plan Review and AppE ,nce Board Staff Report: Meeting of 0312` Class Ill Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 3 5. Modify the floor plan and usage areas to match the sq. ft. approved with the conditional use and update the site data charts accordingly. 6. That all improvements required under this site plan modification approval be completed by April 5, 2011. If these improvements are not constructed within six months of the conditional use approval on October 5, 2010, then the existing business will be considered illegally established and subject to Code Enforcement violations. WAIVER ANALYSIS Analysis of Waiver: Drive Aisle Width Pursuant to LDR 4.6.9 {D){3){b), the minimum roadway pavement width is twenfy four {24) feet. Plans indicate that the roadway width is reduced to as low as 20' as opposed to the required 24'. The applicant has provided the following verbatim justification statement regarding the waiver request: °We are requesting a waiver for the driveway width in front of the EuroSfone Imports section of the property. The driveway here is 20'6': This is an existing building and an odd shaped lot. We are trying to preserve the existing customer parking in front of the building while ensuring that the required parking is met. The parking spaces in the narrowest section have been changed to compact spaces to help alleviate the resfricfion of the existing site conditions. " 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. The development proposal provides a 20.5 wide two-way driveway. In order to optimize the available parking spaces and increase accessibility, the driveway access has been provided at 20.5' 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, the applicant could remove a couple of parking spaces to eliminate the Head far a waiver. In any event, 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. ' LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16 (C) (1) (a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3 (C). A revised landscape plan has been submitted and evaluated by the City Senior Landscape Planner. Site Plan Review and Apps once Board Staff Report: Meeting of 0312: Class III Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 4 Landscape Technical I#ems: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit issuance. 1. There is an existing Poinciana tree located at the SW corner of the site. An oak tree is currently proposed right next to it. Show the existing Poinciana on plans. Adjust location of oak to avoid conflicts. 2. Provide a note to remove all the vines that are growing on the wall, located behind the existing Ficus tree. 3. The landscape island, where the sign is located, is missing a tree. It is understood that proper tree selection is needed so that the sign is not Blocked, but a small tree can easily be accommodated in this situation. A Cassia tree would be a goad choice in this instance especially since it will be uniform with what is currently out there. A variety of trees, plants and groundcover materials are employed to enhance the development. Native species include Live Oak and Cocoplum. Green Island Ficus, Queen Emma Crinum Lily, Wax Jasmine, and Parson's Juniper will also be utilized. Based on the above analysis, the Landscape Plan will comply with LDR Section 4.6.16, provided the conditions of approval are satisfied. REQUIRED>FINDINGS REQUIRED FINDINGS: {Chapter 31: Pursuant to Section 3.1,1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minu#es. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation]. The subject property has a CMR (Commerce) Future Land Use Map (PLUM} designation and is zoned MIC (Mixed Industrial and Commercial). The MIC zoning is consistent with the CMR land use designation. The proposal is to convert the western portion of the existing multi-tenant warehouse building located at 2165 West Atlantic Avenue into an auto body shop and the rear building (4,848 sq. ft.} into an auto paint shop. Pursuant to the LDR Section 4.4.19(D)(1}(c}, within the M1C zone district automotive body, paint and repair shops are listed as a conditional use. Based upon the above, a positive finding can be made with respect to consistency with the Future Land Use Map designation. CONCURRENCY: Facili#ies which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is to establish an auto body, paint and repair shop within a previously approved warehouse development. As described in Appendix A, a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. Site Plan Review and Apps- ince Board Skaff Report: Meeting of 0312< Class III Site Plan Modification for an Auto Body, Pain# and Repair Shop at 2165 W. Atlantic Ave. Page 5 CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5{E~{5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found; Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The property is to be redeveloped as an auto body, paint and repair shop. The Comprehensive Plan identifies automobile uses as a significant land use within the City of Delray Beach. Several other uses which fall within the auto body and repair shop category currently exist along Congress Avenue and West Atlantic Avenue. The future use and intensity of this use is consistent and compatible with these similar uses. During review a concern was raised over the lack of sufficient parking on-site to support the proposed conversion of use. The building was originally intended as a warehouse use and parking was provided at a reduced rate of one (1) space per 1,OOD sq. ft. As this proposed use will require substantially more parking at a rate of 4.5 spaces per 1,000 sq. ft., a shortage would exist. The revised plans show additional parking spaces to be provided in the front of the building. Some of these do not function as it relates to minimal traffic aisle widths, etc. Further, some existing parking spaces would be reduced when compliance with the LDRs and upgrading of existing landscaping as recommended as a condition of approval is implemented. The applicant has proposed to address this concern by providing additional parking in the rear to accommodate vehicles which have been serviced, as well as some interior parking spaces within both buildings. Additional concerns were noted with the proposed auto painting and restoration aspects of this operation. It will require the installation of a paint booth and proper ventilation, which must be appropriately addressed prior to building permit issuance. All paintwork must be conducted inside the building and this is attached as a condition of approval. With these modifications, staff's primary concern with this use conversion will be adequately addressed. Future Land Use Element - Objective A-2: To reduce, and eventually eliminate, uses which are inconsistent with the character of the City of Delray Beach, or which are inconsistent with predominant adjacent land uses, and to insure compatibility of future development, the following policies shall be applied. Policy A-2.4: Automobile uses are a significant land use within the City and as such they have presented unique concerns. In order to properly control these uses and guide them to locations which best suit community's future development, the following shall apply: 5) Auto related uses which involve the servicing and repair of vehicles, other than as part of a full service dealership, shall be directed to Indus#riallcommerce areas. Since the proposed auto body, paint and repair shop is located within the Mixed Industrial and Commercial (MIC} zoning district, it is in compliance with this future land use policy. Site Plan Review and AppE nce Board Staff Report: Meeting of 0312c Class III Site Plan Modification for an Auto Body, Paint and Repair Shop at 21fi5 W. Atlantic Ave. Page 6 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. As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. COMPATIBILITY: The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and land uses that are adjacent to the subject property: Zoning Designafion: Use: North: Mixed Industrial and Commercial (MIC) Hunter Crane South: Planned Commercial PC Con Tess S uare Shopping Plaza East: Mixed Industrial and Commercial MIC Tiles B Vali West: Mixed Industrial and Commercial MIC Causewa Lumber The proposed auto body, paint and repair shop will be compatible with the existing mixed industrial and commercial uses to the north, south, east and west. Compatibility concerns with the retail properties to the south is also not anticipated. It should be noted that Atlantic Avenue provides an existing 924' right-of-way buffer between the auto body, paint and repair shop and the shopping center to the south. Since auto body, paint and repair shops currently exists along Congress Avenue and Atlantic Avenue it will not have a significantly detrimental effect upon the stability of the neighborhood within which it is located. Likewise, it will not hinder development or redevelopment of nearby properties. Thus, positive findings can be made with respect to LDR Section 2.4.5(G)(9)(c) and Chapter 3 (Required Findings) of the Land Development Regulations, and the policies of the Comprehensive Plan. REVIEW BY OTHERS The development proposal is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notice. Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ® Neighborhood Advisory Council Progressive Residents of Delray (PROD) Site Plan Review and Apps ,nce Board Staff Report: Meeting of 0312:. Class 111 Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 7 Public Notices; In association with the conditional use request, formal public notice was provided to property owners within a 500-foot radius of the subject property. Letters of objection, if any, will be presented at the Site Plan Review and Appearance Board meeting. 'ASSESSMENT AND CONCLUSION The proposed site plan modification request involves the establishment of an automobile body, paint and repair shop within previously approved 18,816 sq. ft. and 4,848 sq. ft. warehouse buildings located at 2165 West Atlantic Avenue. The plans indicate accommodations for a paint booth in the 4,848 sq. ft. warehouse building in the rear. The proposed auto painting and restoration aspects of the use will require the installation of a paint booth and proper ventilation will need to be accommodated. Alf paintwork must be conducted inside the building. The new use will also occupy 9,075 sq. ft. within the bay located in the westernmost portion of the building and fronting on North Congress Avenue. With the change in use, the parking requirement will be 52 spaces and 59 spaces are proposed. 1=urther, upgrading of lighting and landscaping within the parking areas will be required. Upon addressing the conditions of approval contained within the staff report, the proposed use will be consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Develapment Regulations and positive findings can be made with respect to Section 2.4.7{B)(5} and that the waiver to the 24' drive aisle width will not have a detrimental effect upon the stability of the neighborhood not will it hinder development or redevelopment of nearby properties. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the waiver request and Class III Site Plan modification to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2165 W. Atlantic Ave., by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.4.19{D)(1}(c) and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the waiver request and Class III Site Plan modification to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2165 VII. Atlantic Ave., by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 4.4.19(D){1){c) and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION Waiver Recommend 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 20.5 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(8)(5} of the Land Development Regulations. Site Plan Review and Appe .nce Board Staff Report: Meeting of 0312 Class III Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 8 Site Plan Move approval ofi the Class III Site Plan modification to establish a 13,923 sq. ft. auto body, paint and repair shop for German Auto World located at 2165 W. Atlantic Ave., by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.4.19{D)(1 }{c} and Chapter 3 of the Land Development Regulations, subject to conditions: That written approval from Waste Management regarding the location and size of the enclosure be obtained, 2. That a photometric plan in compliance with City's average and maximum standards of Illumination Levels and Uniformity for parking areas to the rear be provided. 3. That all paintwork must be conducted inside the 4,848 sq. ft. building in the rear. 4. That plans indicate haw drainage will be accommodated. 5. Modify the floor plan and usage areas to match the sq. ft. approved with the conditional use and update the site data charts accordingly. 6. That all improvements required under this site plan modification approval be completed by April 5, 2011. If these improvements are not constructed w~thjn six months of the conditional use approval on October 5, 2010, then the existing business will be considered illegally established and subject to Code Enforcement violations. Landscape Plan Move approval of the landscape plan for German Auto World located at 2165 W. Atlantic Ave., by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with Section 4.6.16 of the Land Development Regulations, subject to the following conditions: There is an existing Poinciana tree located at the SW corner of the site. An oak tree is currently proposed right next to it. Show the existing Poinciana on plans. Adjust location of oak to avoid conflicts. 2. Provide a note to remove all the vines that are growing on the wall, located behind the existing F'icus tree. 3. The landscape island, where the sign is located, is missing a tree. It is understood that proper tree selection is needed so that the sign is not blocked, but a small tree can easily be accommodated in this situation. A Cassia tree would be a good choice in this instance especially since it will be uniform with what is currently out there. Attachments: ^ Location Map ^ Proposed Site Plan ® Proposed Landscape Plan Site Plan Review and AppE ,nce Board Staff Report: Mee#ing of 0312'., Class Ill Site Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 9 APPENDIX ~A,~ CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use andlor development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service is existing via a 12" water main on the north side of Atlantic Avenue • Sewer service is existing on-site Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Streets and Traffic: The proposed changes allow conversion of 13,923 sq. ft. of existing warehouse use to auto body, paint and repair shop use. The conversion to an auto body, paint and repair shop use will result in a slight increase in trips, but is not anticipated to have a negative impact on traffic or the adjacent street network. Parks and Recreation Facilities: Park dedication requirements do not apply for non- residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The warehouse use (9,Q75 sq. ft.) generates 42.19 tons of solid waste per year. The proposed auto body, paint and repair shop use (13,923 sq. ft.) will generate 64.74 tons of solid waste per year. This results in an increase of 22.55 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2048. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this s#andard. Drainage: Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. Site Plan Review and Appe .nce Board Staff Report: Meeting of 03123 Class I11 Sifie Plan Modification for an Auto Body, Paint and Repair Shop at 2165 W. Atlantic Ave. Page 10 APPENDIX "B'° STANDARDS FOR 5{`TE PLAN ACTIONS A. Building design, landscaping, and lighting [glare} shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X -contingent upon a photometric plan meeting standards Does not meet intent B. Separation of different farms of transportation shall be encouraged, This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable ___ Meets intent of standard X Does not meet intent C, Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X _ Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. if it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not a licable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not a licable X Meets intent of standard Does not meet intent Site Plan Review and Appe, .ace Board Staff Report: Meeting of 03123, Class III Site Plan Modification for an Auto Body, Pain# and Repair Shop at 2165 W. Atlantic Ave. Page 11 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable X Meets intent of standard Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which steal! continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not a licable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods, Factors such as noise, odors, dust, traffic volumes and circulation patterns shat! be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not a plicable X Meets intent of standard Does not meet intent IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST RELATING TO THE MINIMUM DRIVEWAY WIDTH REQUESTED BY GERMAN AUTO WORLD ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This waiver request to reduce the minimum driveway width from 24 feet to 20 feet and 6 inches has come before the City Commission on April 5, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request from minimum driveway width. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER TO MINIMUM DRIVEWAY WIDTH: LDR Section 6.1.2(C)(3)(a) provides that the point of access to a street or alley shall be a minimum of 24 feet for a normal two-way private street or parking lot driveway aisle. The proposed driveway adjacent to West Atlantic Avenue is 20 feet 6 inches wide. Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Does the waiver request meet all the requirements of 2.4.7(8)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 6.1.2(C)(3)(a). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 5th day of April, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 0 0 DELRAY AWNING OWENS BAKER ROAD a- r w SATELLITE-FACILITY ~ nl.w. 1sT sr. U --~~ z PALM TRAN ~ Q ATLANTIC NlGN SCHOOL r cauRT E. ATLANTIC SNA W TRUCKING ~ P~ PL ~,gE¢ ~\ \~ ~ ~ ~ P CONGRESS SQUARE a rr 0 U TERR. E. HfGN SCHOOL TEMPL E SINAI A~1-AN~1c E~-R~Y / D ~/ cn w N ROSS Y a a ~ Z O U /` ~1\ ~ GERMAN AUTO WORLD ~r~ i ~ `~ -_ -.~ . '~. ' PLANN3NG AND ZONING PROPERTY ~ 2175 W. ATLANTIC AVENUE t ~~ DEPARTMENT 12-43-48-78-0 LOCATION MAP ---- fJlC1l"AL BASE MAP SYSTEM -- ROYAL COMM. 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O?o µ=a ~~~ ~a~ cY m e d ~ ~ ~ ~ zW~m @ ¢r Q U ua~s ~ _ uWO m ~ ~a - ~~ r W us ~ qq ~~u4i i° ~ ~rz Q' ~i~m ~ Q~L w O m~ ~ ~ m Q n i i 3 i f _ .1 1"x ~7 R ~ _ ~ -! .1~~ .d I ~ ~ z l A6 ~°- ~ ~` c °~ s a ` 3 a~ `34- ` ~ ~~ 3aY~8 ~ _~ es ~x^ ~~~ 3 8~ i~~' $3b° ~4'4~ SSiEl3 7 3 $"~Fp 5-t' d'S~ ~ sa t~o '~z g °° a ~ $a:- ~io3 3g~. ~1ga` kit ~ O P~ $ cd~z @~PE `x ~}o ~ ~ ~ '~~ $a ~ ~ a~,~~o~ t - ~ ~ ~~ ~S >a n9 aG~ N~'m .\ ~; __,_.~ lea ~Y11"~111 lid®11i7A9~®Uiil~ 5A A~~~tr1f~11117 ~ ~ ;~ M Landscape Architecture ^ Land Plann€ng Environrrrental Gansaitants t ~~ ~:.. March 15, 2011 City of Delray Beach Planning Department 100 N.W. 1St Ave Delray Beach, FL Re: German Auto World 2165 West Atlantic Avenue To whom it may concern, We are requesting a waiver for the driveway width in the front of the EuroStone Imports section of the property. The driveway here is 20'-6". This is an existing building on an odd shaped lot. We are trying to preserve the existing customer parking in front of the building while ensuring that the required parking is met. The parking spaces in the narrowest section have been changed to compact spaces to help alleviate the restriction of the existing site conditions. If you have any questions, please contact our office. Regards, ~. Michael J. Phillips, Landsc e Architect A. Grant Thornbrough and Associates 132 ~lorfh Swinton Avenue Delray Beach, FL 33444 (561) 276-50501'el (561) 276-8777 Fax grantCagtland.com FL RLA512 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, AICP, FCP, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 WAIVER REQUEST/ATLANTIC OCEAN CLUB ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation (LDR) associated with a Class II site plan modification for the Atlantic Ocean Club project: 1. A waiver to LDR Section 4.3.4(H)(4), to allow a statue and pedestal to be located within the building setback. BACKGROUND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. The property was formerly occupied by the Richwagon Bicycle Shop and Power's Lounge, which were demolished. Construction of a subsequent two-story mixed-use development (Bob's Famous Bar) was approved and construction has been completed. At its meeting of February 24, 2010, the Site Plan Review and Appearance Board (SPRAB) approved the Class IV site plan application for the Atlantic Ocean Club development. The development proposal included conversion of the 1,563 square foot second floor apartment and 1,249 square foot second floor restaurant to office space, construction of 924 square feet of mezzanine floor area on the ground floor, construction of 891 square feet of additional restaurant on the third floor, and installation of a new awning over the existing can wash/dumpster enclosure and along the north side of the building. At its meeting of September 22, 2010, the SPRAB denied a Class I site plan modification for an awning and solarium on the roof of the building. A new application with a modified version of these improvements, was also denied by the SPRAB at its meeting of October 27, 2010, but approved by the City Commission at its meeting of November 16, 2010. These improvements have been constructed. A Class II site plan modification, including the waiver to allow the statue in the building setback, was considered and approved by SPRAB on February 23, 2011. The modifications included an outdoor walk-in cooler within the parking area on the north side of the building, landscape changes, installation of a statue on the east side of the building, accent lighting, mural, and canopy changes. A subsequent Class I site plan modification application has been submitted to convert the parking area back to its original design which includes elimination of the outdoor walk-in cooler. The SPRAB considered the waiver to include the Buddha statue and pedestal as one of the structures allowed in building setbacks and recommended approval to the City Commission. This waiver is now before the City Commission for consideration. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Structures Allowed in Setbacks: Per LDR Section 4.3.4(H)(4), there are a variety of structures allowed within setbacks and the statue and concrete base are not listed as one of these structures. Per LDR Section 4.4.13(F)(4)(a)(2), the required setback along the east side of the building is 5 feet. The statue and concrete base encroach into this required setback. The applicant has submitted the following narrative in support of the waiver: "...Some points for the Board and Commission to consider in this request include: 1) The sculpture and pedestal are in a well planted landscape island. 2) The sculpture and pedestal do not block any path of travel. 3) The sculpture and pedestal are not an impediment to vehicular travel or site visibility triangles. 4) Sculptures have been placed throughout the city, to improve the quality of life of the residence. 5) The sculpture follows with the theme of the upstairs restaurant (the Buddha Sky Bar), which will feature a menu that is Asian cuisine, and the space has stylistic elements of the Orient in its design. 6) The allowance of a piece of sculpture and supporting pedestal does not result in the granting of a special privilege, in that the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city... " Waiver Analysis: As the applicant has indicated, the statue and base are not located in a sight visibility triangle or in a manner that would pose a public hazard with respect to vehicles or pedestrians. The waiver will allow for an opportunity to include a piece of "public" art within the development. While this appears to be the first time that a piece of art has been placed in the building setbacks, similar situations would also be supported. The proposed waiver will not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or result in the granting of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7(B)(5), Waiver Findings can be made. RECOMMENDATION By motion: 1. Approve the waiver to LDR [Land Development Regulation] Section 4.3.4(H)(4), to allow the statue and pedestal to be located within the building setbacks based on positive findings with respect to LDR Section 2.4.7(B)(5). SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Applicant: 277 Atlantic, LLC Project Name: Atlantic Ocean Club Project Location: 277 & 299 East Atlantic Avenue ITEM BEFORE THE BOARD The item before the Board is that of approval of the following aspects of a Class II Site Plan Modification for Atlantic Ocean Club, pursuant to Land Development Regulations (LDR) Section 2.4.5(G){1 }(b): ^ Site Plan Modification; ^ Architectural Elevations; ^ Landscape Plan; ^ Mural; and ^ Waivers. The subject property is located at the northwest corner of East Atlantic Avenue and Railroad Avenue directly west of the FEC {Florida East Coast) Railroad and is zoned CBD (Central Business District)[217 & 219 East Atlantic Avenue]. ~~ BACIiGROU!ND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. At its meeting of October 3, 2001, the Site Plan Review and Appearance Board {SPRAB) approved the Class V site plan far Bob's Famous Bar. The approval included the demolition of the existing two-story building (Power's Lounge) and construction of a two-story 2,829 square foot restaurant along with the conversion of the one-story 1,800 square foot bicycle shop (Richwagon Bicycle Shop) to restaurant. This one-story building is located adjacent to the west side of the two-story restaurant and results in a single restaurant with a total of 4,629 total square feet of floor area. The site plan approval also included the construction of an apartment above the one-story building formerly occupied by the bicycle shop. It is noted that during the construction phase, the Richwagon building was demolished and a new two-story building was constructed. The approval of the site plan has been extended three times following the initial approval; the most recent extension was approved by the SPRAB at its meeting of November 8, 2006. It is noted that the building permit has since been issued and the construction of the buildings have been completed. At ifs meeting of January 16, 2DD7, the City Commission approved the in-lieu parking fee for 6 parking spaces associated with the proposed conversion of the roof deck to a restaurant. At its meeting of March 6, 2007, the City Commission approved the in-lieu parking fee for one additional required parking space for the proposed conversion. At its meeting of March 14, 2007, the SPRAB approved the site plan modification associated with the 7 in-lieu parking spaces mentioned above. This site plan modification consisted of a 1,161 square foot restaurant on the third floor roof deck. It is noted that the improvements associated with the roof-top dining area were never constructed. IV.B, Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification A one space in lieu parking space was approved in 2008 to accommodate the elimination of one parking space due to the installation of a back flow preventer along the north side of the property. At its meeting of February 16, 2010, the City Commission approved an in-lieu of 11 parking spaces associated with a new third story restaurant and use changes within the existing building. At its meeting of March 30, 2010, the SPRAB approved a site plan modification for the third story restaurant addition and use changes within the existing two-story building. This approval included the payment of 11 in-Geu parking spaces and the provision of 11 parking spaces within the downtown. The applicant is currently constructing a single family residence at the southwest corner of NE 2nd Street and NE 15t Avenue in which the 11 parking spaces were addressed within the downtown area. At its meeting of September 22, 2010, the SPRAB denied a Class I site plan modification for an awning and solarium on the roof of the building. Anew application was submitted for a modified version of these improvements, which was subsequently denied by the SPRAB at its meeting of October 27, 2010. The applicant appealed this decision to the City Commission. At its meeting of November 16, 2010, the City Commission approved the Class I site plan modification. These improvements have been constructed. A site plan modification application has now been submitted to address changes to landscaping and assorted physical improvements that were conducted without approval. The site plan modification is now before the Board for action. DEVELOPMENTI'R©POSA:L The development proposal consists of the following: ^ A 76.97 square foot walk-in cooler within a compact parking space along the north side of the building. • Relocation of the existing compact parking space to the north side of the walk-in cooler. Replacement of landscaping along the east side of the building and installation of landscape planters within the public right-of--way along the south side of the building. ^ Installation of a "Buddha" statue and concrete pad along the east side of the building. ^ Installation of accent lighting along the east side of the building. Installation of a mural along the east side of the building. ^ Modification of the approved canopy supports (chop sticks) along the east side of the building. ^ Installation of landscaping, hardscape, and irrigation along the east side of Railroad Avenue. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.3.4(H)(4}, which allows certain structures to be located within setbacks. 2. A waiver to LDR Section 4.6.9(D}(4){c}, which requires a 6-foot by 24-foot maneuvering area for dead-end parking bays. The item is now before the Board far action. 2 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification REQUIRED !FINDINGS; _ Pursuant to LDR Section 2.4.5{G){1){b) [Class I! Site Plan Modification], a Class II site plan modification is a modification to a site plan {other than Class I applications) which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. LDR Section 2.4.5{G)_(~tFindin~sl Pursuant to LDR Section 2,4.5(G}{5), formal findings are not required for a Class I or II modification. SITE PhAN MODIFIGATfQN ANALYSIS COMPLIANCE WITH 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 proposal. Parking: Per LDR Section 4.4.13{G)(1}{d), the 76.97 square foot walk-in cooler is required to provide 0.46 parking spaces. The parking required of the existing useslfloor area of the property is 11.019 parking spaces. Thus, the new parking demand of the property is 11.48 parking spaces. Per LDR Section 4'.6.9{C)(1)(a), any fraction less than one-half space is rounded down. Thus, additional parking is not required for the walk-in cooler. A condition of approval is attached that the site plan be revised to indicate the net parking change (11.48 spaces} of the walk-in cooler. Accent Lighting: The applicant has installed accent lighting at the base of the east elevation of the building. These are LED light fixtures that change colors and cover much of the eastern elevation of the building. Find attached, cut sheet details of these light fixtures. These fixtures provide an architectural enhancement to the eastern elevation of the building and do not create a public hazard with respect to glare. - WAIVER= ANALYSES 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. Structures Allowed in Setbacks: Per LDR Section 4.3.4{H)(4), there are a number of structures that are allowed within setbacks and the statue and concrete base are not listed as one of these structures that is allowed within the setback. Per LDR Section 4.4.13(F}(4)(a)(2}, the required setback along the east side of the building is 5 feet. The statue and concrete base encroach into this required setback. 3 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification The applicant has submitted the following verbatim narrative in support of the waiver: ...Some points for the Board and Commission to consider in this request include: 7} The sculpture and pedestal are in a well planted landscape island. 2} The sculpture and pedestal do not block any path of travel. 3) The sculpture and pedestal are not an impedimenf fo vehicular travel or site visibility triangles. 4} Sculptures have been placed throughout the city, to improve the quality aflife of the residence. 5) The sculpture follows wifh fhe theme of the upstairs restaurant (the Buddha Sky Bar}, which will feature a menu that is Asian cuisine, and the space has stylistic elements of the Orient in its design. 6) The allowance of a piece of sculpture and supporting pedestal does not result in the granting of a special privilege, in thaf the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city..." Waiver Analysis: As the applicant has indicated, the statue and base are not located in a sight visibility triangle or in a manner that would pose a public hazard with respect to vehicles or pedestrians. The waiver will allow far an opportunity to include a piece of "public" art within the development. While this appears to be the first time that a piece of ark has been placed in fihe building setbacks, similar situations would also be supported. The proposed waiver will not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or result in the granting of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7{B)(5), Waiver Findings can be made. Maneuvering Area: Per LDR Section 4.6.9{D)(4)(c), dead-end parking bays are required to provide a 6-foot deep by 24-foot wide maneuvering area. Due to the proposed relocation of the compact parking space to the north, the required maneuvering area has been eliminated. The applicant has submitted the following verbatim narrative in support of the waiver: ...Some points for fhe Board and Commission fo consider in this request include: 9) As the stalls on the wesf side of fhe parking bay are for compact cars, fhe 24' wide drive lane allows a compact car to back straight out and turn to exit the parking bay (see site plan). As such, the maneuvering space is not needed in this specific layout. 2) The stall at the south end of the wesf parking spaces can back auf of the space, into the alley. The parking layout, as currently approved, requires the {2) parking spaces at the south end of the parking bay fo back info the alley, also, other parking sites in the city back info alleys. 3) The allowance of the re-striped parking stall to encroach into the maneuvering space at the end of a dead end parking bay does not result in the granting of a special privilege, in that the same waiver could be granted under similar circumsfances on ofher properties..." 4 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club ~ Class ll Site Plan Modification Waiver Analysis: The site plan includes a maneuvering template that demonstrates how a vehicle could back out of the last parking space and leave the property in a forward manner. However, the maneuvering template also demonstrates that this turning movement is extremely difficult and that you leave the parking area in the wrong (in} lane. Given the difficulty drivers may face in conducting this maneuvering, it may be tempting to back out of the parking tier into the alley. This could potentially create an unsafe situation and would grant a special privilege to the applicant. Thus, staff: is unable to recommend approval of the waiver. Technical items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. That the walk-in cooler be relocated to the west since it encroaches into the adjacent parking space. 2. That the unfinished electrical boxes and conduit are painted to match the building. ~- ARC`HITECTURA _ ELEVATIONS Pursuant to LDR Section 4.6.18{E}, the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1} The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Canopy Supports: As noted in the background section of this report, the canopy (and chop stick supports) was previously approved. However, the chop sticks were not installed per the approval. The approved supports (see attached elevations) did not extend above the top of the canopy. The installed chop sticks extend approximately 7 feet above the canopy. They are a unique feature that enhances the aesthetic appearance of the canopy. Mural: The applicant has installed a 6-foot by 6-foot mural along the east elevation over the recently approved and installed canopy. The art piece is aesthetically pleasing and draws attention to the primary entrance to the third floor restaurant (attached are photos of the art piece}. 5 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification Walk-In Cooler: The walk-in cooler is painted light blue and is incompatible with the architecture of the building and is clearly an inconsistent element to the property. If the SPRAB supports the walk-in cooler, it is recommended that architectural treatments be provided for this building to achieve architectural harmony with the primary building. At a minimum it is recommended that a stucco finish be provided to this building and that it be painted to match the primary color of the building. Based on the above, a positive finding with respect to LDR Section 4.6.18(E} can only be made if the walk-in cooler is provided with architectural treatments to create harmony with the primary building and this is attached as a condition of approval. LANDSAPE ANALYSIS The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The landscaping that has been installed consists of Chalice Vine, Bambusa Lako, Spanish Stopper, Japanese Blueberry, Bambusa Gracilis, Sanseveiria, Bougainvillea, Live Oak, Alexander Palm, Ficus Alii, Hang Ilang, Ficus Microcarpa, and Silver Buttonwood. it is noted that the applicant has installed patted Chalice Vine within the Atlantic Avenue right-of-way along the south side of the building. A landscape maintenance and hold harmless agreement for these potted plants will need to be submitted and accepted by the City Commission and this is attached as a condition of approval. The applicant has also installed landscaping, rocks, and irrigation along the east side of Railroad Avenue. A condition of approval is attached that the applicant submit written verification from the Florida East Coast railroad that acknowledges the installation of this landscaping and that a permit be approved from the City for the installation of this landscaping and irrigation. The walk-in cooler that was installed along the north side of the building is visible from Railroad Avenue and is visually unaesthetic. A condition of approval is attached that additional landscaping is installed in this area to screen this building. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. That the Japanese Blueberry bush that obstructs the stop sign at Atlantic Avenue is replaced with a species that avoids this conflict or eliminated. ASSESSMENT AN'D CQNCLUSiQN As detailed in this staff report, the applicant has performed numerous changes to the property and FEC railroad right-of-way. Many of these changes are an aesthetic improvement to the property. However, the walk-in cooler is unappealing to the property and potentially creates a traffic movement problem. This building needs to be substantially improved via stucco texturing, paint, etc. The applicant will also need to provide written approval for the installation of the landscape material on the east side of Railroad Avenue. Further, the applicant will need to provide a landscape maintenance and hold harmless agreement far the potted plants in the public right-of-way on the south side of the building. A positive finding can be made that the request is consistent with Comprehensive Plan and complies with the Land Development Regulations subject to the conditions of approval. 6 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class II site plan modification, building elevations and landscape plan for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and complies with the criteria set forth in the Land Development Regulations, subject to conditions. C. Move denial of the Class II site plan modification, building elevations and landscape plan for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding thafi the request is inconsistent with the Comprehensive Plan and does not comply with the criteria set forth in the Land Development Regulations. RECOMMENDATIpN By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(H)(4) fio allow the statue and base within the building setback based on positive findings with LDR Section 2.4.7(6)(5). 2. Board discretion on the waiver to the required maneuvering area for the dead-end parking tier. Site Plan Modifiication: Move approval of the Class II site plan modification for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and complies with the Land Development Regulations, subject to the fallowing conditions: 1. That all that all Site Plan Technical Items are addressed and three (3} copies of the revised plans are submitted. 2. That the site plan be revised to indicate the net parking change (11.48 spaces) of the walk-in cooler. Landscape Plan: Approve the landscape plan for Atlantic Ocean Club based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. 2. That a landscape maintenance and hold harmless agreement be submitted, accepted by the City Commission and recorded prior to certification of the site plan. 3. That the applicant submits written approval from the Florida East Coast railroad that approves of the installation of the improvements along the east side of Railroad Avenue. 7 iV.6. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification 4. That additional landscaping be considered to screen the walk-in cooler. Elevations: Move approval of the proposed elevations far Atlantic Ocean Club based on positive findings with respect to LDR Section 4.6.18(E), subject to the following condition: 1. That the elevations of the walk-in cooler are improved to provide compatibility with the primary building. Attachments: ^ Site Plan ^ Architectural Elevations ^ Landscape Plan ^ Approved canopy elevations ^ Statue photos ^ Light Fixture Details ^ Mural photos Report prepared by: Scott D. Pa e AICP FCP Senior Planner [V.B. I..I~11~'P`lOS JOB h1011'v'~f'1d~4~Y ~lOJL-LZ-¢ J z 4/~ _~y` S (~ 4 N~ Q~ Q ~ Q M--~ e e~ ^ ~ e Y~f ~~ >- 0 U ~ ^ J ~ ~i !1~ PRODUCT NAME Bright Star 12" X 6" RGB LED Wallwasher - 36W URL Click Here sKU ww-sc-RGB2 ©ESCRIPTIOf~ This RGB LED Wall Washer is a 12" X 6" rectangle with 36W 24VDC rated power use. It has ~.2 red, 12 green and 12 blue -1 watt LEDs to produce bright and vivid fighting on walls, buildings, ceiling and signs. This wall washer is able to produce up to 16.7 million shades of amazing color. This light #ixture can project light up to 7D feet. This light is encased in an 1P67 water resistant aluminum housing. Tempered glass and stainless fasteners give this light long lasting outdoor use. The light can be controlled by RGB or DMX controllers using a 4-pin, 3-loop comrnon anode connection. We recommend no more than three 36 watt wall washers connected in a series. Attached male and female waterproof connection lead wires included. See Product Data Sheet and Installation Guide linked below. Far easy connection of wall wash- ers, power supplies and controllers, use the many waterproof connectors wire options. Non- submersible. DlillIENSI©NS 12.5" Wide X 6.25" Tall X 1.75" Deep (337mm w X 15Jmm T X 44.5mm Deep LIFESPAN SD,DD4 Hours DC VOLTS 24V DC Constant Voltage RATIiVG IP67 Waterproof I POWER LISE 24VDC, 36 Watts CONIVECTEON TYPE 4 Pin, 3 Loap, Common Anode ~~~~ ~~^. - ~;T~ WARRANTY 2 Year Manufacturers ]; 1_i Color Control i7utda~~r Beam Vc~lt:nES Current ~,V~st; Projection `.iza I_CDQty LEC~Tupe ' Type R~ttii~g Angle (VI)c j (Amps) F;~r{t~fr:-€ Distance ... i ,t-~P2 RGB ~,~ `~ =` 92R, 72G 1~"J `~P,ih RG~6 or C3MX IFof 45° 'fib` 1.5 36ti~` 70 Feet These specification are subject is change without not'sce.This specification information is from tl~e manufacturer of this product. Eca Light LED is not the manufacturer oFthis product. Copyright ©2010 Eco Light LED EcoLightLED.com ~, _~o ;, ;~ ~ ~ 775-636-6060 infoC~EcoLight LED.com d~Qdp~~p~]~p~1~Q®i~il~ 566--348-3492 .'ter s~ av~.,~f ; .~;~ _ ~~~ 1~~ ~ ..= ~z PR®OUCT DAME Bright Star 20" x 2.375" Wali Wasi~er 3 in 1 FtGB _ 3©W 24V URL Click Here SKU WW-SC-RGB4 DESCRIPTION This RGB LED Wall Washer is a 20" X 2.375" linear type light with 30W 24VDC rated power use. It has ten 3 in 1 RGB LEDs to produce bright and vivid lighting on walls, buildings, ceiling and signs. This wall washer is able to produce up to 16.7 millian shades of amazing color. This light fixture can project light up to 45 feet. This light is encased in an 1P67 water_resistant aluminum housing. Tempered glass and stainless fasteners give this light long lasting outdoor use. This light can be controlled by RGB ar DMX controllers using a 4-pin, 3-loop common anode connection. We recommend no more than four 30 watt wall washers connected in a series. Attached male and female waterproof connection lead wires included. For easy connection of wail washers, power supplies and controllers, use the many waterproof connectors wire options. Non-submersible. DIMENSIOI~IS 20" Length x 2.375" Width x 2.75" Height j508mm L x 60.325mm W x 69.85mm H) LIFT=SPAN 50,000 Hours OC VOLTS 24VDC Constant Voltage RATING IP67 Waterproof POWER USE 24VDC, 30 Watts CC+NI~IECTION TYPE 4 Pin, 3 Loop, Common Anode WARRANTY 2 Year Manufacturers These specifcation are subject to change without notice. This specification information is from the manufacturer of this product. Eco Light LED is notthe manufacturer of this product. Copyright~~ 2010 Eco Light LEC} __ .. _ _ __ __ __ EcoLightLED.com ~ o ~, 775-636-6060 info@EcoLightLED.com ~,~~dpq{~~p~,u~C~~Ci[~~~ 866-348-3492 -_ :€ _~~._ . ~` 4~~.. ~.. +;`S } .. '4s - ~~ , ?~ \ `` ~.W:. ~~ ~. ~~ February 9, 2011 Mr. Scott rape, AICP Delray Beach Planning & Zoning Department 100 NW 1s~ Avenue Delray Beach, [=lorida 33444 Re: Atlantic Ocean Club, setback waiver request 217 ~. Atlantic Ave. i'roject No. 900202 Mr Pape: Plea Se consider this our forma[ request for a waiver a5 allowed per LDt~ Section 2.4.7 (B), regarding the installation of items not listed as allowed in the setback per LDt~ Section 4.3.4(N)(4). Specifically, a sculpture and supporting pedestal. LDIZ Section 4.3.4(H)(4) specifically list items that are allowed in the Setback of a property. It does not list sculptures and Supporting pedestals. Some points for the Board and Commission to consider in this request include: 1) The sculpture and pedestal are in a well planted landscape island. 2) The Sculpture and pedestal do not block any path of travel. 3) The sculpture and pedestal are not an impediment to vehicular travel or Site visibility triangles. 4) Sculptures have been placed throughout the city, to improve the quality of fife of the residence. 5) The sculpture follows with the theme of the upstairs restaurant (the Buddha Sky Bar), which will feature a menu that is Asian cuisine, and the space has Stylistic elements of the Orient in its design. 6) The allowance of a piece of Sculpture and supporting pedestal does not result in the granting of a Special privilege, in that the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city. Based on the above, we respectfully request a favorable recommendation for granting a waiver for the placement of a Sculpture and supporting pedestal in the Setback. AS reo~uired, a check in the amount of $140.00 iS attached. 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 ATLANTIC OCEAN CLUB 1. These waiver requests came before the City Commission on April 5, 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 Atlantic Ocean Club. 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. Structured Allowed in Setbacks: Pursuant to LDR Section 4.3.4(H)(4), there are a variety of structures that are allowed within setbacks and the statue and concrete base are not listed as one of these structures that is allowed within the setback. Per LDR Section 4.4.13(F)(4)(a)(2), the required setback along the east side of the building is 5 feet. The statue and concrete base encroach into this required setback. The Applicant has submitted the following verbatim narrative in support of the waiver: "...Some points for the Board and Commission to consider in this request include: 1) The sculpture and pedestal are in a well planted landscape island. 2) The sculpture and pedestal to not block any path of travel. 3) The sculpture and pedestal are not an impediment to vehicular travel or site visibility triangles. 4) Sculptures have been placed throughout the city to improve the quality of life of the residents. 5) The sculpture follows with the theme of the upstairs restaurant (the Buddha Sky Bar), which will feature a menu that is Asian cuisine and the space has stylistic elements of the Orient in its design. 6) The allowance of a piece of sculpture and supporting pedestal does not result in the granting of a special privilege, in that the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city..." Should the waiver be granted for the statue and concrete base to encroach into the side street 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 5th day of April 2011, by a vote of in favor and opposed. Nelson S. 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TY ATTaRNE BUILDING ~ N ~ CITY HALL CENTER JR. DR. iv .r• zrvu ST. ~ ~ ~ Z ~ ~ Q ~ ~ ~ ~ 0. z ~ ~ ~ i,.i ¢ C~ Z ~ tD S F-- C~ Z ~ Ct1 S ~ ~- w c; ~ o ~ 0 z Lu sn z n. ~ N.W. 1 ST ST . __ N.E. 1ST cT 8B S. W. 2ND ~ 4~ ~~~ ~ N SUBJECT P>zo~>=RTr ATLANTIC OCEAN CLUB ~ ,ti, 4 ' ~' ~ 217 & 219 EAST ATLANTIC AVE. t ' ~ PLANNING AND ZONING , t _ , ~ DEPARTMENT 12-43-46-16-01-084-0102 LOCATION MAP -- D!ClTAL BASE MAP SYSTEM -- MAP REF: 5:\Plonnirsg &Zoning\DBMS\Flle--Cob\Z--L.M 100-1500\LM1171J1tlantic Oceon Club > j a 15T ST. S.E. 1ST ~ ~ z N J C w ui 7 ST. S.E. 2ND ST February 9, 2011 Mr. Scott rape, AICP Delray Beach Planning & Zoning Department 100 NW 1s~ Avenue Delray Beach, [=lorida 33444 Re: Atlantic Ocean Club, setback waiver request 217 ~. Atlantic Ave. i'roject No. 900202 Mr Pape: Plea Se consider this our forma[ request for a waiver a5 allowed per LDt~ Section 2.4.7 (B), regarding the installation of items not listed as allowed in the setback per LDt~ Section 4.3.4(N)(4). Specifically, a sculpture and supporting pedestal. LDIZ Section 4.3.4(H)(4) specifically list items that are allowed in the Setback of a property. It does not list sculptures and Supporting pedestals. Some points for the Board and Commission to consider in this request include: 1) The sculpture and pedestal are in a well planted landscape island. 2) The Sculpture and pedestal do not block any path of travel. 3) The sculpture and pedestal are not an impediment to vehicular travel or Site visibility triangles. 4) Sculptures have been placed throughout the city, to improve the quality of fife of the residence. 5) The sculpture follows with the theme of the upstairs restaurant (the Buddha Sky Bar), which will feature a menu that is Asian cuisine, and the space has Stylistic elements of the Orient in its design. 6) The allowance of a piece of Sculpture and supporting pedestal does not result in the granting of a Special privilege, in that the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city. Based on the above, we respectfully request a favorable recommendation for granting a waiver for the placement of a Sculpture and supporting pedestal in the Setback. 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The subject property is located at the northwest corner of East Atlantic Avenue and Railroad Avenue directly west of the FEC {Florida East Coast) Railroad and is zoned CBD (Central Business District)[217 & 219 East Atlantic Avenue]. ~~ BACIiGROU!ND The subject property consists of the east 10 feet of Lot 10, and all of Lot 11, Block 84, Town of Delray. At its meeting of October 3, 2001, the Site Plan Review and Appearance Board {SPRAB) approved the Class V site plan far Bob's Famous Bar. The approval included the demolition of the existing two-story building (Power's Lounge) and construction of a two-story 2,829 square foot restaurant along with the conversion of the one-story 1,800 square foot bicycle shop (Richwagon Bicycle Shop) to restaurant. This one-story building is located adjacent to the west side of the two-story restaurant and results in a single restaurant with a total of 4,629 total square feet of floor area. The site plan approval also included the construction of an apartment above the one-story building formerly occupied by the bicycle shop. It is noted that during the construction phase, the Richwagon building was demolished and a new two-story building was constructed. The approval of the site plan has been extended three times following the initial approval; the most recent extension was approved by the SPRAB at its meeting of November 8, 2006. It is noted that the building permit has since been issued and the construction of the buildings have been completed. At ifs meeting of January 16, 2DD7, the City Commission approved the in-lieu parking fee for 6 parking spaces associated with the proposed conversion of the roof deck to a restaurant. At its meeting of March 6, 2007, the City Commission approved the in-lieu parking fee for one additional required parking space for the proposed conversion. At its meeting of March 14, 2007, the SPRAB approved the site plan modification associated with the 7 in-lieu parking spaces mentioned above. This site plan modification consisted of a 1,161 square foot restaurant on the third floor roof deck. It is noted that the improvements associated with the roof-top dining area were never constructed. IV.B, Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification A one space in lieu parking space was approved in 2008 to accommodate the elimination of one parking space due to the installation of a back flow preventer along the north side of the property. At its meeting of February 16, 2010, the City Commission approved an in-lieu of 11 parking spaces associated with a new third story restaurant and use changes within the existing building. At its meeting of March 30, 2010, the SPRAB approved a site plan modification for the third story restaurant addition and use changes within the existing two-story building. This approval included the payment of 11 in-Geu parking spaces and the provision of 11 parking spaces within the downtown. The applicant is currently constructing a single family residence at the southwest corner of NE 2nd Street and NE 15t Avenue in which the 11 parking spaces were addressed within the downtown area. At its meeting of September 22, 2010, the SPRAB denied a Class I site plan modification for an awning and solarium on the roof of the building. Anew application was submitted for a modified version of these improvements, which was subsequently denied by the SPRAB at its meeting of October 27, 2010. The applicant appealed this decision to the City Commission. At its meeting of November 16, 2010, the City Commission approved the Class I site plan modification. These improvements have been constructed. A site plan modification application has now been submitted to address changes to landscaping and assorted physical improvements that were conducted without approval. The site plan modification is now before the Board for action. DEVELOPMENTI'R©POSA:L The development proposal consists of the following: ^ A 76.97 square foot walk-in cooler within a compact parking space along the north side of the building. • Relocation of the existing compact parking space to the north side of the walk-in cooler. Replacement of landscaping along the east side of the building and installation of landscape planters within the public right-of--way along the south side of the building. ^ Installation of a "Buddha" statue and concrete pad along the east side of the building. ^ Installation of accent lighting along the east side of the building. Installation of a mural along the east side of the building. ^ Modification of the approved canopy supports (chop sticks) along the east side of the building. ^ Installation of landscaping, hardscape, and irrigation along the east side of Railroad Avenue. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.3.4(H)(4}, which allows certain structures to be located within setbacks. 2. A waiver to LDR Section 4.6.9(D}(4){c}, which requires a 6-foot by 24-foot maneuvering area for dead-end parking bays. The item is now before the Board far action. 2 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification REQUIRED !FINDINGS; _ Pursuant to LDR Section 2.4.5{G){1){b) [Class I! Site Plan Modification], a Class II site plan modification is a modification to a site plan {other than Class I applications) which requires no review of the Performance Standards found in LDR Section 3.1.1, but which requires action by a Board. LDR Section 2.4.5{G)_(~tFindin~sl Pursuant to LDR Section 2,4.5(G}{5), formal findings are not required for a Class I or II modification. SITE PhAN MODIFIGATfQN ANALYSIS COMPLIANCE WITH 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 proposal. Parking: Per LDR Section 4.4.13{G)(1}{d), the 76.97 square foot walk-in cooler is required to provide 0.46 parking spaces. The parking required of the existing useslfloor area of the property is 11.019 parking spaces. Thus, the new parking demand of the property is 11.48 parking spaces. Per LDR Section 4'.6.9{C)(1)(a), any fraction less than one-half space is rounded down. Thus, additional parking is not required for the walk-in cooler. A condition of approval is attached that the site plan be revised to indicate the net parking change (11.48 spaces} of the walk-in cooler. Accent Lighting: The applicant has installed accent lighting at the base of the east elevation of the building. These are LED light fixtures that change colors and cover much of the eastern elevation of the building. Find attached, cut sheet details of these light fixtures. These fixtures provide an architectural enhancement to the eastern elevation of the building and do not create a public hazard with respect to glare. - WAIVER= ANALYSES 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. Structures Allowed in Setbacks: Per LDR Section 4.3.4{H)(4), there are a number of structures that are allowed within setbacks and the statue and concrete base are not listed as one of these structures that is allowed within the setback. Per LDR Section 4.4.13(F}(4)(a)(2}, the required setback along the east side of the building is 5 feet. The statue and concrete base encroach into this required setback. 3 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification The applicant has submitted the following verbatim narrative in support of the waiver: ...Some points for the Board and Commission to consider in this request include: 7} The sculpture and pedestal are in a well planted landscape island. 2} The sculpture and pedestal do not block any path of travel. 3) The sculpture and pedestal are not an impedimenf fo vehicular travel or site visibility triangles. 4} Sculptures have been placed throughout the city, to improve the quality aflife of the residence. 5) The sculpture follows wifh fhe theme of the upstairs restaurant (the Buddha Sky Bar}, which will feature a menu that is Asian cuisine, and the space has stylistic elements of the Orient in its design. 6) The allowance of a piece of sculpture and supporting pedestal does not result in the granting of a special privilege, in thaf the same waiver could be granted under similar circumstances on other properties, and are abundant throughout the city..." Waiver Analysis: As the applicant has indicated, the statue and base are not located in a sight visibility triangle or in a manner that would pose a public hazard with respect to vehicles or pedestrians. The waiver will allow far an opportunity to include a piece of "public" art within the development. While this appears to be the first time that a piece of ark has been placed in fihe building setbacks, similar situations would also be supported. The proposed waiver will not affect the neighboring area, diminish the provision of public facilities, create an unsafe situation, or result in the granting of a special privilege. Accordingly, a positive finding with respect to LDR Section 2.4.7{B)(5), Waiver Findings can be made. Maneuvering Area: Per LDR Section 4.6.9{D)(4)(c), dead-end parking bays are required to provide a 6-foot deep by 24-foot wide maneuvering area. Due to the proposed relocation of the compact parking space to the north, the required maneuvering area has been eliminated. The applicant has submitted the following verbatim narrative in support of the waiver: ...Some points for fhe Board and Commission fo consider in this request include: 9) As the stalls on the wesf side of fhe parking bay are for compact cars, fhe 24' wide drive lane allows a compact car to back straight out and turn to exit the parking bay (see site plan). As such, the maneuvering space is not needed in this specific layout. 2) The stall at the south end of the wesf parking spaces can back auf of the space, into the alley. The parking layout, as currently approved, requires the {2) parking spaces at the south end of the parking bay fo back info the alley, also, other parking sites in the city back info alleys. 3) The allowance of the re-striped parking stall to encroach into the maneuvering space at the end of a dead end parking bay does not result in the granting of a special privilege, in that the same waiver could be granted under similar circumsfances on ofher properties..." 4 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club ~ Class ll Site Plan Modification Waiver Analysis: The site plan includes a maneuvering template that demonstrates how a vehicle could back out of the last parking space and leave the property in a forward manner. However, the maneuvering template also demonstrates that this turning movement is extremely difficult and that you leave the parking area in the wrong (in} lane. Given the difficulty drivers may face in conducting this maneuvering, it may be tempting to back out of the parking tier into the alley. This could potentially create an unsafe situation and would grant a special privilege to the applicant. Thus, staff: is unable to recommend approval of the waiver. Technical items: While the revised site plan has accommodated most of the staff concerns the following items remain outstanding, and will need to be addressed prior to certification of the site plan unless as otherwise noted. That the walk-in cooler be relocated to the west since it encroaches into the adjacent parking space. 2. That the unfinished electrical boxes and conduit are painted to match the building. ~- ARC`HITECTURA _ ELEVATIONS Pursuant to LDR Section 4.6.18{E}, the following criteria shall be considered by the Site Plan Review and Appearance Board in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved. (1} The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Canopy Supports: As noted in the background section of this report, the canopy (and chop stick supports) was previously approved. However, the chop sticks were not installed per the approval. The approved supports (see attached elevations) did not extend above the top of the canopy. The installed chop sticks extend approximately 7 feet above the canopy. They are a unique feature that enhances the aesthetic appearance of the canopy. Mural: The applicant has installed a 6-foot by 6-foot mural along the east elevation over the recently approved and installed canopy. The art piece is aesthetically pleasing and draws attention to the primary entrance to the third floor restaurant (attached are photos of the art piece}. 5 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification Walk-In Cooler: The walk-in cooler is painted light blue and is incompatible with the architecture of the building and is clearly an inconsistent element to the property. If the SPRAB supports the walk-in cooler, it is recommended that architectural treatments be provided for this building to achieve architectural harmony with the primary building. At a minimum it is recommended that a stucco finish be provided to this building and that it be painted to match the primary color of the building. Based on the above, a positive finding with respect to LDR Section 4.6.18(E} can only be made if the walk-in cooler is provided with architectural treatments to create harmony with the primary building and this is attached as a condition of approval. LANDSAPE ANALYSIS The Senior Landscape Planner has reviewed the proposed landscape plan and found that it substantially complies with LDR Section 4.6.16. The landscaping that has been installed consists of Chalice Vine, Bambusa Lako, Spanish Stopper, Japanese Blueberry, Bambusa Gracilis, Sanseveiria, Bougainvillea, Live Oak, Alexander Palm, Ficus Alii, Hang Ilang, Ficus Microcarpa, and Silver Buttonwood. it is noted that the applicant has installed patted Chalice Vine within the Atlantic Avenue right-of-way along the south side of the building. A landscape maintenance and hold harmless agreement for these potted plants will need to be submitted and accepted by the City Commission and this is attached as a condition of approval. The applicant has also installed landscaping, rocks, and irrigation along the east side of Railroad Avenue. A condition of approval is attached that the applicant submit written verification from the Florida East Coast railroad that acknowledges the installation of this landscaping and that a permit be approved from the City for the installation of this landscaping and irrigation. The walk-in cooler that was installed along the north side of the building is visible from Railroad Avenue and is visually unaesthetic. A condition of approval is attached that additional landscaping is installed in this area to screen this building. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to certification of the site plan. 1. That the Japanese Blueberry bush that obstructs the stop sign at Atlantic Avenue is replaced with a species that avoids this conflict or eliminated. ASSESSMENT AN'D CQNCLUSiQN As detailed in this staff report, the applicant has performed numerous changes to the property and FEC railroad right-of-way. Many of these changes are an aesthetic improvement to the property. However, the walk-in cooler is unappealing to the property and potentially creates a traffic movement problem. This building needs to be substantially improved via stucco texturing, paint, etc. The applicant will also need to provide written approval for the installation of the landscape material on the east side of Railroad Avenue. Further, the applicant will need to provide a landscape maintenance and hold harmless agreement far the potted plants in the public right-of-way on the south side of the building. A positive finding can be made that the request is consistent with Comprehensive Plan and complies with the Land Development Regulations subject to the conditions of approval. 6 IV.B. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of the Class II site plan modification, building elevations and landscape plan for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and complies with the criteria set forth in the Land Development Regulations, subject to conditions. C. Move denial of the Class II site plan modification, building elevations and landscape plan for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding thafi the request is inconsistent with the Comprehensive Plan and does not comply with the criteria set forth in the Land Development Regulations. RECOMMENDATIpN By Separate Motions: Waivers: 1. Recommend to the City Commission approval of a waiver to LDR Section 4.3.4(H)(4) fio allow the statue and base within the building setback based on positive findings with LDR Section 2.4.7(6)(5). 2. Board discretion on the waiver to the required maneuvering area for the dead-end parking tier. Site Plan Modifiication: Move approval of the Class II site plan modification for Atlantic Ocean Club, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and complies with the Land Development Regulations, subject to the fallowing conditions: 1. That all that all Site Plan Technical Items are addressed and three (3} copies of the revised plans are submitted. 2. That the site plan be revised to indicate the net parking change (11.48 spaces) of the walk-in cooler. Landscape Plan: Approve the landscape plan for Atlantic Ocean Club based on positive findings with respect to Section 4.6.16 of the Land Development Regulations, subject to the following conditions: 1. That all that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. 2. That a landscape maintenance and hold harmless agreement be submitted, accepted by the City Commission and recorded prior to certification of the site plan. 3. That the applicant submits written approval from the Florida East Coast railroad that approves of the installation of the improvements along the east side of Railroad Avenue. 7 iV.6. Site Plan Review and Appearance Board Staff Report Atlantic Ocean Club -Class II Site Plan Modification 4. That additional landscaping be considered to screen the walk-in cooler. Elevations: Move approval of the proposed elevations far Atlantic Ocean Club based on positive findings with respect to LDR Section 4.6.18(E), subject to the following condition: 1. That the elevations of the walk-in cooler are improved to provide compatibility with the primary building. Attachments: ^ Site Plan ^ Architectural Elevations ^ Landscape Plan ^ Approved canopy elevations ^ Statue photos ^ Light Fixture Details ^ Mural photos Report prepared by: Scott D. Pa e AICP FCP Senior Planner [V.B. I..I~11~'P`lOS JOB h1011'v'~f'1d~4~Y ~lOJL-LZ-¢ J z 4/~ _~y` S (~ 4 N~ Q~ Q ~ Q M--~ e e~ ^ ~ e Y~f ~~ >- 0 U ~ ^ J ~ ~i !1~ PRODUCT NAME Bright Star 12" X 6" RGB LED Wallwasher - 36W URL Click Here sKU ww-sc-RGB2 ©ESCRIPTIOf~ This RGB LED Wall Washer is a 12" X 6" rectangle with 36W 24VDC rated power use. It has ~.2 red, 12 green and 12 blue -1 watt LEDs to produce bright and vivid fighting on walls, buildings, ceiling and signs. This wall washer is able to produce up to 16.7 million shades of amazing color. This light #ixture can project light up to 7D feet. This light is encased in an 1P67 water resistant aluminum housing. Tempered glass and stainless fasteners give this light long lasting outdoor use. The light can be controlled by RGB or DMX controllers using a 4-pin, 3-loop comrnon anode connection. We recommend no more than three 36 watt wall washers connected in a series. Attached male and female waterproof connection lead wires included. See Product Data Sheet and Installation Guide linked below. Far easy connection of wall wash- ers, power supplies and controllers, use the many waterproof connectors wire options. Non- submersible. DlillIENSI©NS 12.5" Wide X 6.25" Tall X 1.75" Deep (337mm w X 15Jmm T X 44.5mm Deep LIFESPAN SD,DD4 Hours DC VOLTS 24V DC Constant Voltage RATIiVG IP67 Waterproof I POWER LISE 24VDC, 36 Watts CONIVECTEON TYPE 4 Pin, 3 Loap, Common Anode ~~~~ ~~^. - ~;T~ WARRANTY 2 Year Manufacturers ]; 1_i Color Control i7utda~~r Beam Vc~lt:nES Current ~,V~st; Projection `.iza I_CDQty LEC~Tupe ' Type R~ttii~g Angle (VI)c j (Amps) F;~r{t~fr:-€ Distance ... i ,t-~P2 RGB ~,~ `~ =` 92R, 72G 1~"J `~P,ih RG~6 or C3MX IFof 45° 'fib` 1.5 36ti~` 70 Feet These specification are subject is change without not'sce.This specification information is from tl~e manufacturer of this product. Eca Light LED is not the manufacturer oFthis product. Copyright ©2010 Eco Light LED EcoLightLED.com ~, _~o ;, ;~ ~ ~ 775-636-6060 infoC~EcoLight LED.com d~Qdp~~p~]~p~1~Q®i~il~ 566--348-3492 .'ter s~ av~.,~f ; .~;~ _ ~~~ 1~~ ~ ..= ~z PR®OUCT DAME Bright Star 20" x 2.375" Wali Wasi~er 3 in 1 FtGB _ 3©W 24V URL Click Here SKU WW-SC-RGB4 DESCRIPTION This RGB LED Wall Washer is a 20" X 2.375" linear type light with 30W 24VDC rated power use. It has ten 3 in 1 RGB LEDs to produce bright and vivid lighting on walls, buildings, ceiling and signs. This wall washer is able to produce up to 16.7 millian shades of amazing color. This light fixture can project light up to 45 feet. This light is encased in an 1P67 water_resistant aluminum housing. Tempered glass and stainless fasteners give this light long lasting outdoor use. This light can be controlled by RGB ar DMX controllers using a 4-pin, 3-loop common anode connection. We recommend no more than four 30 watt wall washers connected in a series. Attached male and female waterproof connection lead wires included. For easy connection of wail washers, power supplies and controllers, use the many waterproof connectors wire options. Non-submersible. DIMENSIOI~IS 20" Length x 2.375" Width x 2.75" Height j508mm L x 60.325mm W x 69.85mm H) LIFT=SPAN 50,000 Hours OC VOLTS 24VDC Constant Voltage RATING IP67 Waterproof POWER USE 24VDC, 30 Watts CC+NI~IECTION TYPE 4 Pin, 3 Loop, Common Anode WARRANTY 2 Year Manufacturers These specifcation are subject to change without notice. This specification information is from the manufacturer of this product. Eco Light LED is notthe manufacturer of this product. Copyright~~ 2010 Eco Light LEC} __ .. _ _ __ __ __ EcoLightLED.com ~ o ~, 775-636-6060 info@EcoLightLED.com ~,~~dpq{~~p~,u~C~~Ci[~~~ 866-348-3492 -_ :€ _~~._ . ~` 4~~.. ~.. +;`S } .. '4s - ~~ , ?~ \ `` ~.W:. ~~ ~. ~~ MEMORANDUM TO: Mayor and City Commissioners FROM: PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 16, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 CONSIDERATION OF AN APPEAL/ THE ELECTRICAL EXPERIENCE ITEM BEFORE COMMISSION The action requested of the City Commission is to overturn an administrative interpretation by the Director of Planning and Zoning. On February 7, 2011 the Director determined that the rental of sporting goods and equipment currently allowed by the CBD portion of the LDR's [Section 4.4.13] does not include motorized bicycles. The Director's interpretation was appealed on February 22, 2011, by David W. Schmidt, attorney for the applicant "The Electric Experience". The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. BACKGROUND The applicant owns "The Electric Experience", doing business at 1047 East Atlantic Avenue. The applicant has not received the required Class III site plan modification to establish the retail business, nor paid the local business tax to operate at this location legally. Further, pursuant to this administrative interpretation, atext amendment to add the motorized bicycle portion of his use needs to be submitted and approved for this site. The appeal is from the Director's response letter dated February 7, 2011; particularly that "rental of sporting goods and equipment (such as but not limited to bicycles, skates, and boogie boards)" is limited to non-motorized sporting goods and equipment only. On March 11, 1997 an LDR amendment to allow moped/scooter rentals in the CBD was denied by City Commission. On April 21, 1998 the City Commission added the category of "rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards)" to the permitted uses of the CBD via Ordinance 15-98. In the body of the staff reports concerning the text amendment both the "LDR Text Amendment Analysis" and "Assessment and Conclusions" portion of the staff report indicates that the types of sporting goods and equipment allowed would be limited to non-motorized items. From this language it is clear the amendment was intended to apply to non-motorized sporting good and equipment only. To include the motorized version of bicycles and/or other motorized versions of sporting equipment would require a LDR text amendment. The applicant raises issues relating to the definition of bicycle supporting the notion that human powered and electric motor assisted versions are both bicycles under the Florida Statute definition and therefore allowed under the existing CBD zoning category. Staff agrees that the definition of bicycle in the Florida Statute [316.003(2)] is inclusive of human and electric power versions. However, the stated intent for the amendment adding this category to the LDR was specific to the non-motorized version of bicycle only (see previous discussion). Even if the applicant is successful in arguing that the lack of specific limiting language in the LDR amendment should infer that all types of bicycles are accommodated, the electric version is not included in our definition of bicycle contained in Chapter 72 of our City Code. The specific definition of bicycle in Chapter 72 is "Any vehicle propelled solely by human power, or any moped propelled by a pedal activated helper motor." Electric bikes are not mopeds propelled by a pedal activated helper motor. Further, in the very Florida Statute the applicant cites there is a clear differentiation between electric bicycles and mopeds. RECOMMENDATION Deny the appeal and require the applicant to submit a text amendment to add motorized bicycles as an allowed use in the CBD. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the February 7, 2011 Administrative Interpretation by the Director of Planning and Zoning wherein he determined that "motorized bicycles" are not included within the phrase "rental of sporting goods and equipment" currently listed as a permitted use in Section 4.4.13(B)(3)(a) in the Central Business District (CBD) Zoning District of the LDRs has come before the City Commission on April 5, 2011. 2. The Appellant, "The Electric Experience", and Appellee, through City staff, presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Director's interpretation excluding "motorized bicycles" from the category of "rental of sporting goods and equipment" in LDR Section 4.4.13(B)(3)(a). All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. I. LDR REQUIREMENTS A. Pursuant to LDR Section 4.4.13(B)(3)(a), the CBD zoning district includes the following permitted uses: (3) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, Laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). Was the Director's interpretation of the phrase "rental of sporting goods and equipment" as provided in LDR Section 4.4.13(B)(3)(a), excluding "motorized bicycles" correct? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original request 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, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 5th day of April, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Mayor 2 LAw o~lci;s MICiIAEI, S.'WEINER JEFFRET' C. LXNI~I: xn~n C.'1'nN~s PRO i ~ ~s~orrAL nssocrATTON lU Sisa ls'AVEN[JE D~~' BEACH, li`I..ORIDA 33,44 TEI,EPHQNE (561) 265 - 266f~ rn.csrnur.E (561) 2'72 - 6831 J~.~rrr~Czo~vE~nw.co~ www.zo~vEr~w.con~ LAURiE A. Txon~sonr, P.A. or COIII~SEL January 14, 2010 Mr. Paul Dorling Director, Planning & Zoning Department City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Request for Administrative l3etermination Rental of Electric Bicycles in CBD .zoned Properties Our File No.: BORJ002 Dear Paul: VGA .I~.A1VD DEL.IJ~,RY We write with regard to our client, The Electric Experience, with a principal place of business located at 1047 E. Atlantic Avenue, which is a CBD zoned property. With receipt of this letter, we are respectfully requesting a formal adminis#rative decision pursuant to Section 1.4.1{C} of the City's Land Development Regulations ("LDRs") confirming that: (1) CBD zoned properties-allow for the rental of bicycles as a "permitted" use; (2) The term "bicycles" is oat a specifically defined tearrn in the LDRs; {3} Chapter 72 of the City's Code of Qrdinances ("Code"} provides the only definition of "bicycles" within the laws regulating the City; {4} Section 72.02 of the Code defines "bicycle" to include: "Every vehicle propelled solely _ by human powex, or any moped propelled by apedal-activated helper motor with a manufacturer's certified maximum rating of one and one-half brake horsepower"; (5} Florida Statute s. 316.003(2), defines "Bicycle" to mean: "Every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 mph on level ground upon which any person may ride, having two tandem wheels, anal including any device generally recognized as a bicycle though equipped with two front or two rear wheels"; ~,~ ~., ,....: (~-` its :.:. - 3 ~' . .__, . ., _. 1 ':. j1., .: ~ ;: ~~ r..... ...••1 y .. .... ....~..._.,. lytr. Paul -orling .ianuary 14, 2011 Page 2 (6) The term "bicycles" as set foxth in Section 4.4.13 of the LDRs governing CBD zoned properties therefore includes "vehicles propelled by a combination of human power and an electric helper motor"; and (7} Pursuant to Section 1,4.5 of the LDRs, changes to the wording of definitions and{or the addition ar deletion of definitions in the LDRs may be made by the City Commission upon. adoption of a Resolution after review and recommendation by the Planning and Zoning Board. Upon your receipt and review of this letter, we are respectfully requesting a timely written determination as to these points so that our client may have clear guidance when operating his business in the City and any zoning process required going forward. As always, we deeply appreciate the time and attention you give to all matters. Please do not hesitate to contact us in the interim should you have any questions or concerns regarding this matter. 'V'ery 'Truly Yours, ;, ; OFF JCL:mmi ' Cc: Brian Shutt, Esq., City Attorney (via hand delivery) Mr. Jason Borden (via e-mail) Michael S. Weiner, Esq. Ms. Ashlee ~,. Vargo 0:1BpR30021Letter to PauE E7arling re Request for'Writfen laeterminatiorl.Jdn 14 20 i t,docx ©EL~AY BEACii r ~ v ~ i o r . iuo n~.w. 7st AvEnsue ^ C7FI..RAY BEACH, ~~C3R,I~A 33¢4 5;s1J243-%DDD All-America City ~F) 1~)9 'Z001 February 7, 2411 David W. Schmidt, Esquire 144 Nf 4`~' Avenue, Suite A Delray 13each, FL 334$3 lte: The Electric Experience Dear pavid: We ors in receipt of the letter with regard to The Electric Experience located at 1047 East Atlantic Avenue. i"isted below are responses to the inquiries: The CBD zoning district contains a category of "rental of sporting goods and equipment" (such as but not limited to bicycles, skates, and boogie boards). This use was added to the LDRs by Ordinance 15-98 on April z1, 199$. This category was limited to non-motorized sporting goods and equipment only as noted in the body of the LDR text amendment see attachment}, Nanw motorized bicycles are allowed under this existing category while motorized bicycies will require an additional and separate LDR amendment. Your client has been informed that the current use of any motorized spatting equipment (Segways, motorized bicycles, mopeds, scooters, etc.) will require this additional LDR text amendment to add these uses}. A definition for bicycles is not in the LDRs and I am not aware of any other definition other than the one contained in Chapter 72 of the Code of Ordinances. This definition includes the language referenced in your letter. Florida Statute ~16.p43(2} also contains a definition of Bicycles. With respect to question 6, the term bicycle as set forth in Section 4.4.13 of the Lags does not include "vehicles propelled by a combination of human power and electric helper motor. When the category was added via a text amendment the motorized version of bicycles and sporting equipment were excluded (see previous discussion), With respect to question 7, this is also incorrect. Changes to the definition section of the LDR are processed as text amendments via ordinances and are considered by the City Gammission after recommendation from the Pkanning and honing Board is made. [~R,~.I~CE ~ERFORh+iANCE ° NTEGRITY ESPONSIBi_E NN~1vAT~VE E~Ia1R~lORi: David W. 5chmldt, Esquire The Electric Experience February 7, 2011 Therefore, in summary the current categary of "rental of'sporting goods and equipment such as but not limited to bicycles, skates and boogie boards" contained in the CBCI' use section excluded motorized versions of sporting goods and equipment, To add the motorized bicycles category a text amendment wil! be required. The need to process this amendment was conveyed to your client several weeks ago. The motorized category could be expanded to include mopeds, motorized skateboards, segways knot related to tours} and motorized bicycles or it could be specific to motorized bicycles only. Sincerely, ~~ ~ Paul Dorling, AiCP Director of Planning and zoning cc: Ms. Lida Butler, Director al=Community lmpravement Mr, Brian Shutt, City Attorney ~~~zv .r~rrr~ ~c~€~n~r ATTORriEY9 AT C.,AW tdtl NORTHEAST FOURTH AV~1~11JE, St1ITtw A pELKtAY BEACH, FLOREI3A 83+393 ! E}ZNESTG. S1MON DAVID W. SCFiM10T HAND DELIVERED Chevelle Nnbin, City Clerk City of Delray Beach 100 NW 15` Avenue Delray Beach, Florida 33444 TELEF'~HONE (561) 27H-2601 FAX (561) 265-0286 February 22, 2011 Re: Appeal of Administrative Interpretation The F,lectria Experience My File No. 7751 Dear Ms. Nubia: 1NEST PALM 63:ACf-1 (56t) 737,8222 ~ji' ~i ,~ - .~„ 4_..._._..----_._._.__~_~..~,._,..~.~ ... ~~~. ~~ ~ ~ ~~~ 4~.tr office represents The 1=;lectr-ic Experience, doing business at 1047 East Atlantic Avenue, Delray Beach, Florida 33483. My client wishes to appeal an administrative interpretation to the Delray Beach City Commission. The following information is supplied as required by LDR Section 2.4.7(E}(2): 1. Identification of the action which is bein a Baled: Appeal is :made of arty administrative interpretation regarding rental of electric bicycles in. the 01;17 zoning district. 2. Identification of who took the action and when it was made: On January 14, 2011, my clrent.requested an interpretation ofwhether rental of electric bicycles was allowed in the CBD zaxung district. On February 7, 2011, Paul Dorling, Planning Director, rendered an opinion regarding the request. A copy of his letter is attached as Exhibit "A", and a cagy of my client's letter o~ January 14, 2011 is attached to Mr. Dorling's letter. 3. The basis of the a cal: There are two matters raised in Mr. Dorling's letter which are being appealed. A. In his letter, Mr. Dorling states that the "`rental of sporting goads and equipment' {such as but not limited to bicycles, skates, and boogie boards)" is limited to "non- znotarized sporting goods and equipment only as noted in the body of the LDR text. amendment (see attachment)." While the Planning and honing Board Memorandum Staff Report states "The proposed amendment should only apply to non-motorized sporting goods and equipment (i.e. bicycles, in-line skates, kayaks, surfl~oards, boogie boards, snorkel equipment, smashball, etc.)", no such restrictive language was contained in the actLial amendment. In the CBD zoning district, permitted uses include, as set forth in LDR Section Q-.4.13(B)(3)(a): (3} Services and Facilities including, but not Limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, laundromats limited to self service facilities, pet groazx~ing, resta~uants excluding drive-in and drive-through, outdaor cafes, tailoring, tobacconist, vocational schools limited to at•ts and crafts, business, beauty, dancing, clriving, gymnastics, photography, modeling, and karate-ludo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). [A~and. Drd. 1598 412A198] There is no limitation contained in that section of the LDRs that the rental of bicycles is limited to non-motorized bicycles. B. Mr. Dorling also- states in his letter that the definition of bicycles as set forth in the Delray Beach Cade of Ordinances does nat include motorized bicycles, as: ...the terrrx bicycle as set forth in Section 4.4.I3 of the LDRs does not include `vehicles propelled by a combination of human power and electric helper motor' [Sic]. When the category vaas added via a text amendment the motorized version of bicycles and sporting goods were excluded (see previous discussion). For the reasons set forth above, xny client believes Mr. Dorling's interpretation of the LDRs is wrong, as there is no limitation on bicycles being rented being limited to non- nrotorized. In addition, we believe the definition of "bicycle" in the City ordinances is also incorrect. Section 72.02 of the Delray Beach Code of Ordx"nances contains the following definitian of "bicycle": Sec. 72.02. DEFINITION. 2. For the purpose of this Chapter the following definition shall apply unless the context clearly indicates or requires a different .meaning: Bicycle. EveYy vel~iele propelled solely by human power, or any zx~oped propelled by apedal-activated helper motor with a manufacturer's certified maxinnum rating of one and one~half brake horsepower, upon which any person may ride, having two (2} tandem wheels, and urcluding any device generally recognized as a bicycle though equipped with two (2) front or two (2) rear wheels. The term does not include such a vehicle with a seat height of no more than twenty-eve (25) inches from the ground when the seat is adjusted to its highest position, or to a scooter ar similar device. (F.S. § 316.003{2); Cade 1980, ~ 7-2} That definition is the statutory definition contained in the Florida State Uxaifor~n Tral'~zc Control sta~.~te when that section of the Cade of Ordinances was adapted. Section 70.01 of the Code of Ordinances provides: Sec. 70.01. ADOPTION OF STATE UNIFORM TRAFFIC CONTROL LAWS. 2. The State Uniform Traffic Control Laws, as set forth in F.S. Chapters 316 and 318, are hereby adopted by reference and made a part hereof as if fully set forth herein, and as may be amended from time to time. (Emphasis supplied). (Code 1980, § 26-3; Ord. No, 135-85, passed 12/17185) The current Section 316.003(2) of the State CJ~niform Traffic Control statute dunes a bicycle as: (2} BICYCLE.-Every vehicle propelled solely by human power, and eves mot©rized bicycle propelled by a combination of hLUxaan. power and an electric helper motor capable of t~rouelling the vehicle at a s eed ofnot more than 20 miles er hour on level ound upon which any person inay ride, having two tandem wheels, and including any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches fiorn the ground when the seat is adjusted to its hilliest position or a scooter or sirx~ilar device. No person under the age of 16 may operate or ride upon a motorized bicycle. {Emphasis supplied). Accordingly, my client believes the definition. of "bicycle" as sef fo~•th in tl~e Delray Beach Code of Ordinances would include "every Lotorized bicycle propelled by a corrabi~aation of human power and an electric helper motor capable ofpropelling the vehicle at a speed of not mare than 20 miles per hour on level ground "and the rental of such motorized bicycles would be allowed in the GC and CBD zoning districts. 4. The relief bein sou ht: My client seeks a determination by the City Commission that: A. The definition of "bicycle" in Section 72.02 of the Code of Ordinances is: Bicycle.-Every vehicle propelled solely by human. power, and every motorized bicycle propelled by a combination of human power and an electric helper motor capable of propelling the vehicle at a speed of not more than 20 miles per hour ota level ground upon which any person may ride, having two tandem wheels, and includit~.g any device generally recognized as a bicycle though equipped with two front or two rear wheels. The term does not include such a vehicle with a seat height of no more than 25 inches from tl~e ground when the seat is adjusted to its highest position or a scootex or similar device. No person under the age of 16 may operate or ride upon a motorized bicycle. B. That the permitted use of rental of bicycles in the CrC and CBD zoning districts includes the rental of motorized bicycles propelled by a combination of human. power and an electric helper motor capable of propelling the vehicle at a speed of not n~nre than 20 miles per hour on level ground. 5. The name of the appellant and the a~nellant's interest in the ~xAatter: The name of the appellant is J&M Enterprises of palm Beach, LLC, d/bla 'The Electric Experience. The appellant owns the business known as "The Electric Experience" located at 1047 east Atlantic Avenue, Delray Beach, lilorida 33483. My client's check in the amount of $3SS.00 for the appellate filing fee is enclosed. Respect illy submitted, ^p_ ~ ~~ , . ~ , r ._. David W. Schmidt MEETING DATE: MAI:tCH 16, 199 AGENDA ITEM: 1V.1=. - AMENDMENT TO L®R SECTIONS 4.4.13(B) CENTRAL BUSINESS ®ISTRICT (CBD), AND 4.4.9(Bj GENERAL COMMERCIAL (GCj, TO ALLOW SPORTING GOODS AND EQUIPMENT RENTAL AS A PERMITTED USE. ~.-~--~ _ The item before the Board is that of making a recommendation to the City Commission regarding an LDR text amendment to Sec#ion 4.4.9(B} General Cam ercial GC Princi al Us s nd Structures Ali ed, and Section 4.4.13(8), Central Business District~CBD)L_~r~g_cpal Uses and t ctur s All wed, which would allow the rental of sporting goods and equipment as a permitted use, pursuant to LDR Section 2.4.5(M). Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. This amendment was initiated by the Planning and Zoning Board as the rental of sporting goods and equipment is not specifcally listed in the Land Devebpment Regulations in the GC and CBD zoning district. The GC and CBD zoning districts specifically allow the retail sale of sporting goads and bicycles as a permitted use. Both also allow as an accessory use, "the provision of services and repair of items incidental to the principal use". Neither district specifically addresses the rental of Such merchandise as a permitted or accessary use. Such establishments do exist in the CBD (Richwagen's Bicycle Shop, A-1-A Bike Rentals, and In-Line Heaven). These businesses both sell and rent sports equipment, including bicycles, in-line skates1ro11erb1ades, and accessory items. The lack of clarity in the code lends itself to inconsistencies in interpretations, and needs to be addressed. The question could be brought forward to the Planning and Zoning Board as a Similarity of Use determination, however, the Board would probably want to impose certain limitations and restrictions on the use. Therefore, the Board initiated the text amendment to allow sports equipment rentals in the CBD and GC zoning districts. VLF. ~~ "~xt ,~rr~ndr~~t d ~p~+~ti~ ~~d~ ,~ q~i~rnt ~;r~tV ~ ~ittd lJ in the ~~ ~ ~~r~~~ 1tri~ct ---- m w - ° .:.~. -~~: ~ ' _~i __~~ ~- ~d t..3r ~.Pa - _ ° ~~ -i~~ ~ i r~ i ~ .tire 7.1®6(~)~ i ~. ~~~::~ ~uu~a~:ti~ i'~ -rr ~~ h t# ~ ~.~~ ~~~r°d - ~ryir~~ -~h~ rr ~ ,, r, - - ~'h~ -~, ~:~-R~~ w,~°~i r~ -iarm the ~~ ~ r~~-~r~i Ia P & Z Board Memorandum Staff Report LDR Tent Amendment -Sporting Goods 8~ Equipment Rentals as a Permitted Use in the CB© & GC Zoning Districts Page 3 Consideration was given to allowing sporting goods and equipment rentals as an accessory use, however, the control of such uses and their locations would be diminished. Therefore, to allow the use as an accessory use should not be considered. Munlcina! Belch There are some concerns that certain items available for rent could not be used on the Municipal Beach and Atlantic Dunes Park. The following matrix lists the sporting goods and equipment typically associated with beach activities and the restrictions associated with the items. .. e _ ....... , Airborne Objects kites smashball football, voile half,etc. ..... . ; .___ ..~ _ .. _. s..,.. ~ .Q~_ X o ~~~. ,. •- ~ tee.. , N, .ec~~ Boo ie Boards X Fishin ~ X Flotation DeviceslRafts X Ka aks * X Scuba Divin X Skim Boards X Snorkel E ui ment X Surtboards * X Waverunners/.Jet Skis X Windsurters * X Surtboards, windsurfers and kayaks must be launched at designated areas at the north and south ends of the municipal beach. Cor~mu~ Redevelopment A[,~ency; The CRA will review this amendment at its meeting of March 12, 1998. Their recommendation will be reported at the Planning and Zoning Board meeting. Downtown Development Authority: This item 'ts scheduled for review by the DDA at its meeting of March 18, 1998. The DDA's recommendation will be provided to the City Commission. Pineapple Grave Main Street: At its meeting of March 11, 1998, the PGMS reviewed and recommended approval of the proposed text amendment. Ord I~rr~~rr~d~arra ~~ R~rt. L~ T P~rr7rrr~~ru~ - p~rkir~, c-~d~ paint ~t~E ~ ~'rrr~it~d lJ ire the ~rai~t C~i~tri~t ~~ a ~ , ~.~ u r " ~ - , ~ ~~i r~ r~~~c rrr~r~ ~ ~ ~'Glc~ira+ i'i rrr°wr~v~r' iti~rw: A,tt~rr~rYt: 'r~p~r~ ~rdia~ rte: y;~. i.:e:~~ry::•-'- .. ~.~.-...r~..y,~..y~ ,..,i-... ~., ~ ~":x '~ Jfr Yom- 4 r , - •t7 ~ ~. ~ ..~~~.~ ~PRQ.°PY.O~,S~.E~'~..~a~R~~~1`N~pN~O~E~ ~a ~ y r _; , Section 4.4.93 CBD Central Business District (B} Princi al Uses nd Structures Permitted: The following types of use are allowed within the CBD District as a permitted use: (3) Services and facilities including, but not limited to: Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to an-site processing for customer pickup only, dry cleaning .and laundry pickup stations, financing e.g. banks and similar institutions including drive- thraugh facilities, laundromats limited to self-service facilities, pet graaming, restaurants excluding drive-in and drive-through, outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate judo, a'~ small item repair, and rental of snorting goods and eauinm~nt .{such as bicXcles. skates. baog~ boards. etc.. (H} Special Regulations: (Add the following) ,~6) The rental a sorting goQds,.an,~i equipment shall be limite to na more than a business rentin a s ific t o of item i. . bic Iles skates. etc.l oer segment of a block fronting. a sfiregt=and .any outdoor displays are suJect to the restrictions sat forth in Section 4.6.6 C}~31 Section 4.4.9 General Commercial (GC,~ District: (B) Principal Uses and Structures Permitted: The following uses are allowed within the GC District as permitted uses, except as prohibited in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(9)(a): (4) Services and i'acilities including, but not limited ta: * Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on-site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g. banks and similar institutions including drive- thraugh facilities, laundromats limited to self service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karate-judo, a~ small item repair, ~n„~sentaLof sporting_aoQds,_and egc~nment. (H) Special,Regutations: (Add the following) ,(4)_Any _~tdoor dst~lav of sporting ,goo s and e u' t for re t is sub'ect to the r strictions et fort i ction 4.fi.fi C 3 . ~~ tt~ TO. DAVID T. WARDEN, CITY MANAGER THRU; DIANE DOMINGUEZ, DIRECTOR OF FROM; JEFFREY A. CQSTELLO, SENIOR Pt SUBJECT; MEETING OF APRIL 7, 1998 CONSIDERATION OF AN AMENDMENT TO LDR SECTIONS 4.4.13(8) [CENTRAL BUSINESS DISTRICTS AND 4.4.9{B) [GENERAL COMMERCIAL] AND TO ALLOW RENTAL OF SPORTING GOODS AND EQUIPMENT AS A PERMITTED USE. This amendment was initiated by the Planning and Zoning Board as the rental of sporting goods and equipment is not specifically fisted in the Land Development Regulations in the GC and CBD zoning district. The GC and CBD zoning districts specifrcally allow the retail sale of sporting goods and bicycles as a permitted use. Both also allow as an accessory use, "the provision of services and repair of items incidental to the principal use". Neither district specifically addresses the rental of such merchandise as a permitted or accessory use. While it is appropriate to allow the rental of sports equipment and goods as a permitted use, limitations an outdoor display and the number of rental fiacifities in the downtown area should also be considered. Additional background and an analysis of the request is found in the attached Planning and Zoning Board staff repor#, The Planning and Zoning Board held a public hearing regarding this item at its meeting of March 16, 1998. There was public testimony in support of the request, and no testimony in apposition. After discussing the text amendment, the Board voted 7-0 to recommend to the City Commission that LDR Sections 4,4.9(8) and 4,4.73(8) (Principal Uses and Structures Permitted Allowed) be amended to allow the rental of sporting goods and equipment as a permitted use in the GC and CBD zoning districts, and included restrictions regarding locations in the CBD. The Board suggested some changes in the text language, including a recommendation that the locatianal restriction allow cone business reefing a specific category of Item (i.e. bicycles, skates, etc.) every 3gD', measured in a straight line from door to door", rather than allowing one par segment of a block fronting a street as originally proposed by staff. ..Z ...:..\L i-:.i {r::.t.lY F:: Y; 3:y :. }. ~~?. :??:ikS~:i t:~'.i}), (+>:: ;}, •' ~}' ~.`<v~. g..ssi`.:;;S~i:. ::i~ r:~: •:y}}:;a:'ii5. ~..,::. :. h: ''f>:>•:. .4 :.~s:..y,..: .,w:: ,.,F.:..:.}. ~\~Y. -.{.~~pp7.e...n~~~.. ,.;3:.tr...<1.... ..Z. :v?i~:.f :•,v, r,'::L::# s v:.r :~ .:...~ 'w:.v .L.:::: ti~iii+"x :: . :at'r: ::<:~ ;.tie.; ,.:~Ti' . <>.?4~ :k ~ ~..'!k' ~ ry,.s .- N~:Y: ..<::`~'v o.: .,r.# ,~~ ~:#':' By motion, approve on first reading a text amendment to LDR Sections 4.4.9 (B} and 4.4.73 (B) (Principal Uses and Structures Permitted} to include rental of sporting goods and equipment as a permitted use, and add related restrictions, based upon the findings and recommendations by the Planning and Zoning Board, setting a public hearing date of April 21, 1998. n ~,~, Attachments: ISr ~:~%~""- ~.O • P&Z Staff Report and Documentation of March 16, 1998 ~ X17 f qg 4 Ordinance by Others ~~ ' MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 31, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 CONSIDERATION OF AN APPEAL/ANYTHING AND EVERYTHING AUTO, INC. ITEM BEFORE COMMISSION The action requested of the City Commission is to overturn an administrative interpretation by the Director of Planning and Zoning. On February 17, 2011 the Director determined that the category of scrap metal recycling use was not a specific use that was legally established on the site and therefore did not enjoyed a legal nonconforming (grandfathered) status. The Director's interpretation was appealed on February 17, 2011, by Jeffrey Lynne attorney for the applicant "Anything and Everything Auto Inc.". The appeal is being processed pursuant to LDR Section 2.4.7(E) (1) Appeals. BACKGROUND The applicant owns "Anything and Everything Auto Inc." doing business at 1865 Dr. Andre's Way. The applicant has asserted that a scrap metal recycling operation is grandfathered at the site where a long standing junk yard use has been appropriately licensed for many years .That assertion is based on an argument that the approved use of a junk yard extends to and includes scrap metal recycling. While junk yard operations include the accessory use of auto metal recycling, it does not extend to general scrap metal recycling. In fact, the LDRs identify these two uses, junk yards and scrap metal recycling as two distinct and separate uses. In reviewing the record of business license activity for the site, this site has been consistently listed and been granted a "junk shop or dealer" license only. The applicant has provided a chronology (History of Zoning) which indicates that in 1977 junk yards (automobile parts and facilities and yards) was listed in the MI District as a permitted use. This use was established under this junk yard use category. When the property was rezoned from MI to LI in 1984 the junk yard use was not a listed use but was allowed to continue as a nonconforming use. However, the scrap metal recycling use was listed in the LI District (not the MI District) at that time. When the property was rezoned to LI the separate use could have been added to the site if the use was requested and approved. No record of any application or approval has been found. The current zoning designation of MIC does not list either use as a permitted or conditional use. The junk yard use and its accessory use of auto metal recycling (as opposed to general scrap metal recycling) can continue as anon-conforming use subject to LDR Section 1.3.3. However, as the scrap metal recycling use was not legally established and the use is not allowed under the current zoning category of MIC, it cannot be established. The applicant's attorney does not agree and is appealing this interpretation to the City Commission at this time. RECOMMENDATION Deny the appeal. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This appeal of the February 17, 2011 Administrative Interpretation by the Director of Planning and Zoning wherein he determined that "scrap metal recycling" use was not a specific use that was legally established on the site and therefore did not enjoy legal nonconforming (grandfathered) status in the Mixed Industrial Commercial (MIC) Zoning District (or the former Medium Industrial (MI) or Light Industrial (LI) Zoning Districts as they were referenced in 1977 and 1984, respectively) has come before the City Commission on April 5, 2011. 2. The Appellant, "Anything and Everything Auto", and Appellee, through City staff, presented documentary evidence and testimony to the City Commission pertaining to the appeal of the Director's interpretation determining that the "scrap metal recycling" was not legally established on the site and therefore will not enjoy legal nonconforming status. All of the evidence is part of the record in this case. Required findings are made in accordance with Subsection I. LDR REQUIREMENTS A. Pursuant to LDR Section 1.3.3, Nonconforming Uses of Land, or Land with Minor Structures Only: Where lawful use of the land existed on September 1, 1990, that would not now be allowed and where the use involves no individual structures with a replacement cost exceeding $1,000, the use may be continued, subject to the following provisions: (A) A nonconforming use shall not be enlarged, increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter. (B) A nonconforming use shall not be moved in whole or in part to any portion of the lot or parcel, other than that occupied by such use on September 1, 1990. (C) If any nonconforming use of land only, ceases for any reason for a continuous period of 30 days, every subsequent use of the land shall conform to the requirements specified for the zoning district in which the land is located. (D) No additional structures shall be erected unless they conform to the requirements of the zoning district in which the land is located. The Applicant has provided a chronology (History of Zoning) which indicates that in 1977 junk yards (automobile parts and facilities and yards) was listed in the MI District as a permitted use. This use was established under this junk yard use category. When the property was rezoned from MI to LI in 1984, the junk yard use was not a listed use but was allowed to continue as a nonconforming use. However, the scrap metal recycling use was listed in the LI District (not the MI District) at that time. When the property was rezoned to LI, the separate use could have been added to the site if the use was requested and approved. No such records of application or approval has been found. Was the Director's interpretation that the use category of "scrap metal recycling" was not a specific use that was legally established on the site and therefore does not enjoy legal nonconforming status correct? Yes No 3. The City Commission has applied the LDR requirements in existence at the time the original request 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, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the appeal and hereby adopts this Order this 5th day of April, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk Nelson S. McDuffie, Mayor 2 !~l~H~,EL WE~~R A~~~~~~A~~~, ~.~. ATTORNEYS AT LAW c~ ~a ~. 10 S.E. 1St Avenue, Suite C Delray Beach, Florida 33444 Telephone: {561) 265-2666 Te#ecopier: (561) 272-6$31 E-mail: jmankoff@zanelaw.com MICHAEL S. ~11EIf~ER JASOE~ S. MANKOFF KERRY d. SAFIER July 28, 2010 LAURIE A. ~HQMPSO~l, OF COUf~fSE1. Brian Shutt, Esquire City Attorney City of Delray Beach 100 NW 1S'Avenue Delray Beach, Florida 33444 Via f~€anci Define Re: Anything and Everything Auto, Inc; Case ~I~mber G1/-09-00'!07227 Our t=ile IVo.: A~RNF002 Dear Brian: This fetter concerns the above referenced matter with the assigned code enforcement case number indicated. This matter has been tabled upon our request, as we believe that conducting a code enforcement hearing for this matter is not proper. By cagy of this letter, we are respectfully requesting a ruling by you as the City Attorney that this use is a grandfathered, legal non-conforming use and that the -code enforcement matter be dismissed., Please see the explanation below. if you would like to meet to discuss this further, we will be happy to do so at your convenience. I. Background Anything and Everything Auto, inc. ("AEA") is located at 1865 Dr. Andre's Way, Delray Beach, Florida 33445 ("Property"). in the late 1970s, the Property was operated as a dismantling of automobile and parts facility ("Dismantling Business") as well as a scrap meta! recycling operation. In 1993, AEA purchased the Dismantling Business and scrap metal recycling operation from Koehler Enterprises, Inc., including taking an assignment of the existing (ease. From approximately 1993 to 2008, AEA leased and operated the Dismantling Business and scrap recycling business. in 2004, AEA purchased the Property from its Landlord and continued operations as the Property always had been operated. In 2008, in order to benefit the local community and better serve the general public which began bringing smaller items, O:IAr~NFpp2tiLetter to Brian Shutt re non-conforming use..}u!y 28 241p.doc Brian Shutt, Esquire July 28, 2010 Page 2 AEA leased a portion of the Property to Delray Scrap Recycling LLC, a Florida limited liability company ("Delray Scrap"}. Delray Scrap has since vacated the Property, solely due to the threat of code enforcement actions against it. This vacancy has cost AEA approximately $25,000 a year in annual rent and is posing a severe economic hardship to our client. AEA is now using the portion of the property previously keased to Delray Scrap far scrap recycling, as it did previous to the lease to Delray Scrap. However, AEA would like the opportunity to lease a portion of the Property for such scrap recycling to another tenant without the threat of code enforcement, II. History of Zoning According to the records from the City of Delray Beach, the following is a summary of the zoning history of the Property: 1) 1977 The zoning of the Property was Medium Industrial ("Ml") according to the City of Defray Beach Official Zoning Map. Please see attached Exhibit "~". According to Section 30-15(B}(4} of the City's Code (dated 1982), Automobile and Parts Facilities and Yards was a permitted use in the Ml District. Please see attached Exhibit "B". 2) 1984 The zoning of the Property was Light industrial ("Li") according the City of Delray Beach Building Permit #9239. Please see attached Exhibit "C", According to Sec#ion 30-14(B}(40) of the City's Code (dated 1982}, Scrap Metal Recycling was a permitted use in the LI District. Please see attached Exhibit «o„ 3) 1989 The zoning of the property was MI according the City of Delray Beach Official Zoning Map. Please see attached Exhibit "E". According the Section 30-15(B)(4) of the City's Code (dated 1982), Automobile and Parts Facilities and Yards was a permitted use in the MI District. Please see attached Exhibit "B". 4} 1992 0:1ARNFQOZ1Letter to Brian Shaft re non-conforming use.July 28 2D~D.doc Brian Shutt, Esquire July 28, 201 D Page 3 The zoning of the Property was Mixed Industrial and Commercial ("MIC") according to the City of Defray Beach Official Zoning Map. Please see attached Exhibit "F" ~) 2006 to present The zoning of the Property is now Mixed Residential, Office and Commercial ("MROC") according to the City of Delray Beach Official Zoning Map. Please see attached Exhibit "G" Thus, clearly both a Dismantling Business and scrap metal recycling were permitted uses under previous zoning designations for the Property. The recent rezonings to both MlC and MROC were City initiated and not the result of actions of our client. Legs! ton-c®nf®rr~ting use A non-conforming use is one which was legally permitted prior to a change in the law, but the change in law no longer permits such use. Although not allowed under a present zoning cads, anon-conforming use is allowed to continue because it predates flue adoption of such new zoning code. See JPM Inv. Groups inc. v. Brevard Caunfy Bd. of Count~Cam'rs, X98 So. 2d 595 (Fla. 5f" DCA 2002). ~-~ The rationale for allowing non-conforming uses is that it is inequitable for a government to change the permitted use of land when used in a lawful manner before the zoning change. Zoning regulations do not limit the right of a lawful use in existence at the time of the adoption of a new zoning code because doing so would be unjust and illegal. Therefore, to avoid substantial diminution in value of property resulting from a change of the zoning code, zoning regulations grandfather the continuation of existing nonconforming uses an property. See Lewis v. Cit of Atlanfic Beach 467 So. 2d 759, 754 (Fla. 5th DCA 9985): Grandfathering an existing nonconforming use to permit its continuation requires balancing the rights of the property owner and the local government. Local governments have to respect an owner's ves#ed right to use land without diminution of its value. As the Fif#h District Court of Appeal noted in Lewis: The application of zoning regulations to restrict an existing use of property, resulting in substantial diminishing of its value, may constitute a "taking" by the governmenfal agency which requires the payment of compensation under well-established principles of constitutional law . , . To avoid These consequences, zoning regulafians generally "grandfather" the canfinuatian of existing nonconforming uses on property subjecf fa fhe zoning classification. By fhe same token, therefore, it is reasonable to conclude that the termination of such grandfafhered nonconforming uses may result in a "faking" for constitutional purposes unless the basis of such termination accords with applicable legal principles. O:v~.Rt~FOb2lLetter to Brian Shutt re non-conforming use,July 28 20~O.doc Brian Shutt, Esquire July 28, 201 D Page 4 In Lewis, the court held that the city was without authority to remove property from grandfathered status and that the city illegally refused to certify continued operation of alcoholic beverage establishment an the property, Florida caselaw unequivocally supports #hese positions. In .Nicholson v.,Wyatf. 77 So.2d 632, (Fla. 1950, the Florida Supreme Court held that, where owners had been using their property for a trailer park prior to and at effective date of zoning regulation, which placed the .property in category of nonconforming use, authorities were properly enjoined from interfering with continued of property for trailer park. See also Rollison v. Cit of Ke Wesf, 875 So.2d. 659, (Fla. 3~ DCA 2004). Furthermore, there is no legal authority stating that a municipality can terminate a grandfathered nonconforming use of property simply because the tenant and operating license holder of the establishment on the property undergoes a change. It is clear that the concept of grandfathered nonconforming use relates to the property and the use thereof, not to the type of ownership or leasehold interest in the property. Cify of Miami Beach v. Arlen Kinp Cole Condominium ,4ssn., Inc , 302 So,2d 777 (FIa. 3d DDCA 1974} Ali. Summary The operations of AEA have been and remain a legal non-conforming grandfathered use at the Property. It would be inequitable for the City to limit the right of this lawful use. Our client has already suffered economic hardship by the loss of a tenant at the Property. Our client should be en#itled by law, including the Florida statutes, fa continue to use the Property for both a Junkyard and for scrap metal recycling. Once again, if you would like to meet to discuss this further, we wilt be happy to do so at your convenience. Very truly yours, ~• :. Jason S. Mankoff JSM:ek enclosures cc; Mr. Af Berg (via hand delivery wlenciosures) Mr. Tom Meeteer (via hand delivery wlenciosures) Mr. Frank Arnone (wlenciosures) Michael S. Weiner, Esquire (wlenciosures) .~ ~ ~ ~ ~~ a:L4RNFOQ21Lefter to Brian Shutt re non-con#orming use.J~ly 28 2g10.doc ~~ ~~~~~~ ~i i r ~ ' •~~~? i ' ! ~ i t. ~- e; - ~ ~; . ~ ~ re ' - ~ _ e ..~ --- ~. ~_• ___ •" 'y •- r - _~._ -. ,... __. i __ . _ .. . -_ L _ . .. y - -- - -' _ if _ I ~ ...J ~~. _ .-! . -- - ' - ~ ~ - - i ~ ~ '}-- r- - -' - , ..~. - - ~ - - ~. . ,'i ~ ~ ._ _.._ ~_--_ •-_-_• - J ~ ~ j _ - _ -~ ~--__ - - . , - - - ~_ _ ! i ~ . ! ~ i . d - -- __ .---~- '- ~_~~.-_....41_- I f ~ ~ ~ 1 Y ~l 7 ! l ~.~ k i 6 I ~ ~ ~ { . - - __ ~ _..., ~~ n ;~ _ ~ Sece 30~1a MZ ~~lEDIU~~! i~~USTFtIAL !]TSTRICT ~/l~~~~~ ccs~ (A) PURPOSE The MI zoning district is intended to provide an area far industrial, or manufacturing plants, the operatiens of which are not productive of objectionable dust, fumes, gases, noise, odors, smoke, or vibrations, (~) PERMITTED USES (1) Any business or establishment of a wholesale or service type (2} Appliance manufacturing (3} Assembly of mechanical parts ~ z- ~ _. ~1aeS_,_ (5) Automobile paint, body, and repair shops (6} Bakeries, wholesale large scale preparation (7} Beverage processing, excluding beverages with alcoholic content {8} Boat manufacturing (9} .Bottling works (lp} Broadcasting studios (11} Building supplies (12} Business offices, accessory to the primary industrial use (13} Calainetmaker shops I(14) Carpet cleaning facilities J{15) Ceramzc manufacturing and plaster casting (16} Cold storage (17} Concrete products manufacturing, including concrete block and redimix concrete (18} Confectioneries, wholesale, large scale preparation (19) Contractors storage and equipment buildings ar ,yards (2d) Cosmetic manufacturing (21) Custom fiberglass shops (ZZ) Dairy processing (23) Dry cleaning plants (24) Dry ice manufacturing (25} Electronic equipment manufacturing (26) Engraving {27) Equipment and tool rental (2$} Exterminator service (29) Fish processing {3s3) Foad processing (3l) Frozen food lockers (32} Furniture manufacturing (33) Gaxages, parking and storage (34} Glass manufacturing (35} Kennels, na an-site disposal of carcasses {36} Laundry plants (37} Leather goods manufacturing (38) Lumbezyards (39) Machine shops (40} Meat cutting and wholesale storage (41} Metal fabrication (42} Millwork {g3} Monument and ornamental stone cutting (44} Motion picture studios (45) Moving and storage (46) Perfume processing shops (47} Pharmaceutical products manufacturing (48} Precision instruments and optics manufacturing (4g} Printing (50} Public utilities• (51) Publishing (52) Resource recovery plant, in a completely enclosed building (53) Roofing repair shops (54) Sheet metal shops (55) Sign painting and manufacturing (56) Swimming pool contractors (5~) Textile and clothing manufacturing (58) Tinsmith {59) Tobacco products manufacturing (60) Toy manufacturing {61) Truck texminals and storage facilities (62) Upholstery shops and furniture rtipair (63) Welding shops (64) Wholesale offices and their attendant distribution facilities {65) Wholesaling, accessory to manufacturing (66) Woodworking {C) CONDITIONAL USES As prescribed in Sec. 3021, and after the xeview of the applica- tion and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact that the proposed use or uses are consistent with good zoning practice, not contrary to the Master Plan, and not detrimental to the pzomotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the City, the following uses may be recommended to the City Council as Conditional Uses: . (1) Bulk storage, gas and oil. (2) Communication and transmission facilities ' {3) Farm supply stores (4} Fertilizer sales, excluding compost heaps (5} Natural resource utilities (6} Research and development facilities (7} Restaurants and cafes (8} Scientific research laboratories and facilities, including pxoduct development and testing (9) Veterinary clinics, no on-site disposal of carcasses (10} Warehouses for storage, when accessory to and located on the same pazcel of land as the primaz-y industrial use, including caretaker residence when located within the project , (D) LOT DIIviENSIONS AND SITE Ai~EA {1) Fxontage 100 ft. (2} Width l40 ft. {3} Depth 200 £t. (r#} Area 20,000 sq. ft. (E} BUILDING SETBACKS (1) Front 4D ft. {2} Side {interior} l0 £t. (3} Bide (street} 15 ft. (4} Rear l5 ft. (F) GROUND FLOOR BUILDING AREA The total ground floor building area of all buildings and struc- tures shall not exceed fifty (50) per cent of the total lot area. (G) TOTAL FLOOF. AREA No requirements '7S Rev. 7-27-82 (Ord ~1~-821 (H) SIIIfiDING HEIGfiT ~ .. too building or structure shall be constructed to a height exceeding four {4} floats ar forty-five (45} feet, provided, hawrever, that where it is deaganstrated that the nature of tine use: requires greater than normal space between floors, the building or structure cnay be constructed to a height Qf foux (4) floors ar sixty (6Q) feet, when approved as a conditional usa (Sec. 3C®2l}. (~ ) ~ARxxr~o Anm LaAnYx~ R>r~LAT~ orrs See Sec. 30-1$ and Sea. 3013 (~ } WFiI~L$ A1iT~ FE~7CEs See` Sec. 30-17(I) (kC) DI5TR2CT BO~ARy LINES See Sec.. 36-17~(~} (~ ) LAI~SCAPID7G A landscaping plan in conformance with Chapter 9, Art, X showing location, type, and sire of all plantings. shall be: subaeitted for revier~ and apcraval~]ny the Community Appearance Board. (iii ) 5I GN'S - See Chapter 9. Art, VIII (~} SPECIAL REGULATIOI~TS (1} Artificial lighting used to illuminate the premises shall be directed away from adjacent properties. (2} Within the forty (40} foot front setback, tine first ten (14} feet abutting the street tight-of-tray sha11 be used, as a landscaped area, t~*ithin this landscaped area, na paving shall be allowed except for driveways and wal~sseays leading to a structure on the premises. Such driveways and walkways shall be allowed only when paints of ingress and egress are generally perpendicular to the property line. 76 Rev. 9-22-81 (48-8i) gr~ F ~1g~~ ~ ""~~r~IQ r ti r ~j x of atllQAt 11J1 ]J 9Cn~~ ~ "~7{ ,ff7 ~; r a o O J LL 2 ~ ~ 3 d m Q it ~ ~ a c LL ~ ~ v 1 1 ~I _ 1 r Y „LSl LL Q .~ .~ U d C17 C .3 D Y O y ,F O Q7 m c 4 G3 ~ vi C !!~~ ~ a LL~.117 ~~~~H~~ ~ ~ 1 a~ 0 a a a `~ _ q O ~ ~)j ~ ~ a+ ~ ~'~ ~ p ~ ~p ~ V ~ G ~ " 4 -~ ~ _ -y U ~r- U a ~ m ~ O ~ m a. U i ~ Q V! N O V d Z o M Q) _C ~ ~ +.+ ~ J Cn ~ ~ ~ h^ ~_ ..., ~ N fn 'CS o U m Z u d Z O fL O F U 4 H Z aaw~~sr~~ pad •~daq 6uip~in8 PuZ a3ue~rq~ }s ~ : ~tdo~ ~~ V ~~ ~ , e 0 5g ':• ro a~ v *' N «, ~ .~ ~ `4 e~ ~_ ~° ~ E ~a o w OD U ~ ti 7 ~1 .y "I rn ~~ ~~ ~ J 1~ .~ \'J .J~ ~ 7 O a es a Q U ~ dl N R E N X W W S ~ ~ 3 O ~ U to ~~ z ~1 m ~ ~~JJ ~ L ~\\\ ~~, . ~ C'L : ~ ~~ :~ ~' ~ ~ ~'~ 61 '-I 0 J ,~ Sec. 30-14 LI LIGHT Ii~IDLTSTRIAL DISTRICT ~~~'~~~ "®'} (A} PURPOSE f 5; 1 - The LI zoning district is intended to provide sufficient space in appropriate locations for certain types of business, light manufacturing, processing, and fabrication of non--objectionable products. Such uses shall. not employ materials, processes, or machinery which cause objectionable ordors, dust, noise, fumes, smoke, gases, or vibrations, upon nearby or adjacent residential . and commercial property_ {B) FERMITTED USES (1) (z) {3} (4} {5) (6} (7} (a) • `{9} (10} (11} (12) (13) (14} (15} (16) (17} »~s , (18) (19) (20) (21) (22} (23) (24) • (z5) (26) (27} (zs) (29) (30) (31) (3z) (33) (34} (35) (36) (37) (3R) (39) (40} Appliance manufacturing Assembly of mechanical parts Automobile paint, body, and repair shops Bakeries, wholesale, large scale preparation Beverage processing, excluding beverages with alcoholic content Bottling works Broadcasting studins Buesiness offices, accessory to the ,primary industrial use Carpet cleaning facilities Ceramic manufacturing and plaster casting Cold storage Confectioneries, wholesale, large scale preparation ;~'` Contractors' storage and equipment buildings or yards Cosmetic manufacturing Dairy processing~t Dry cleaning plants Dry ice manufacturing Electronic equipment manufacturing Engraving Equipment and tool rental Exterminator service Frozen food lockers Furniture manufacturing Garages, parking and storage Glass manufacturing Laundry plants Leather good manufacturing Machine shops Meat cutting and wholesale storage Metal fabrication Millwork- Motion picture studios Moving and storage Pharmaceutical products manufacturing Precision instruments and optics manufacturing Printing Public utilities Publishi^g Rental and sales of modular buildings ~1~-.r r ~"4' s {41,) Sign painting and manufacturing x(,4'2} Storage of light trucks, up to, and including two (2) ton trucks, and light construction equipment not over twenty- fouz {24) feet long, eight {$) feet wide, and ten (10) feet high (43) Swimming pool contractors {44} Textiles and clothing manufacturing, (45) Tobacco products manufacturing (46} Toy manufacturing (47} Upholstery shops, furniture repair 71 Rev. 9-28-82 (47-82} {48) Welding shops ,~ 49) Wholesale sales offices ~ their attendant distribution facilities {50) Woodworking (C} CONDITIONAL USES As prescribed in Sec. 30-21, and after review of the application and plans appurtenant thereto, and hearing thereon, the Planning and Zoning Board finds as a fact, that the proposed use or uses are consistent with good zoning practice, not contrary to the Master Plan. and not detrimental to the promotion of public appearance, comfort, convenience, general welfare, good order, health, morals, prosperity, and safety of the City, the following uses may be recommended to the City Council as Conditional Uses: -(1) Communication and transmission facilities (2) Lumberyards (3) Natural resource utilities (4} Research and development facilities (5) Restaurants and cafes (6} Scientific research laboratories and facilities, including product development and testing _ (~) Warehouses for storage, when accessory to and located on the same parcel of land as the primary industrial use; in- cluding caretaker residence when located within the project ~` (D ) LOT DIMENSI ON5 AND SI'Z'E AREA {1} Frontage 100 ft, (2) Width 100 ft. (3) Depth 200 ft. (4} Area 20,000 sq. ft. (E) BUILDING SETBACKS (1) Front 30 ft_. (2) Side (interior) 10 ft. (3} Side (street) 30 ft. (4) Rear 10 ft. -- (F) GROUND FLOOR BUILDING AREA The total ground fleor building area of all buildings and structu shall not exceed fifty (50) percent of the total lot area. (G} TOTAL FLOOR AREA No requirements (H) BUILDING HEIGHT No building or structure shall be constructed to a height exceeding four (4) floors or forty-five (45} feet, Provided, however, that where it is demonstrated that the nature of the use requires greater than normal space between floors, the building or structure may be constructed to a height of four (4} floors or sixty (60) feet, when approved as a conditional use (Sec. 30-21). 71 Rev. 9-'28-E2 (97-827 (I } 'IRKING AND LOADIPFG REGLI•LATIONS See Sec. 30-18 and Sec. 30-19 ~~ (s} WALLS AND FENCES See Sec. 30-17(I) {K) DISTRICT HOL7i~IDARY LINES See Sec.. 30-17(s) (L) 3~APIDSCAPING A landscaping plan in conformance with Chapter 9, Art. X showing location, type, and size of all plantings, shall be submitted for review and approval by the Community Appearance Hoard. (M} SIGNS See Chapter 9, Art. VZII (N) SPECIAL REG~'LATIONS {1) All, operations shall be conducted wholly within a completely enclosed building, except far off-street loading, auteanobiie and truck parking. and storage, f.~ whsn screened from view in conformance with Sec. 30-L7(I)~2}. (2) Artificial lighting used to illuminate the premises shall be directed. away from adjacent properties. {3) Within the thrity (30} foot (rant setback, the first ten (1c7 } feet abutting the street right-of-way shall. he used as a landscaped area. Within this Landscaped area, no paving shall be allowed except for driveways and walkways leading to a structure on the premises. Such driveways and walkways shall be allowed only when points of ingress and egress are generally perpendicular to the property line. 73 Re-r. la-la-aa {n9-80) ` ~ 2D ~ U EAC PLAT 119 q°, (52-68 } pB2 ,~ A„ 512 513 ~` 08 ~~ ~o 51 I 5~~ ~ ~ ~ (60-167 PJE 51~ ~ _ -~ ~` r3y 5~ ~ 2 5p9 ~a P~ ~G ~ tis (48 25 5 ~ P 9 521 510.2 5t5 ~. I CONGRESS SQUARE ~ 504 PHASE, ONE ~ (45-67) i3*' - -rR ~ 505 506 5f4 °P a ~~ ~i~~ `D 1 ~~ .,G „ 6 4-`t~ ~ CONGRESS SQUARE 'Q m (46-19e 199) ~ 50.1 507 ®' I ~ ~ , N $~,~ Paz (/~ ~ P ~ ~ ~ 503,2 3~ . CONGRESS ~ ~~• ~ ~ Z ~~.-~ PARK ~. ~ ~9~i 222' 1 ~ 3g' ~ ' ~ ~ " ~ ~ V ~~. 1 c' ¢ ~ d w ~ 6 "~'2L~C_-C I~ ~ ~ T ~ Z QL,c.T ~: ~ N i~ ~ O M f ~ ~ sae's ~ ~~ ~~ ~ ~ ~ 4 ~ ~W; JY ~ ~` -~~-,- e J `' I LAKE ~1 ~. ~ _ ( ~~~ /-~ {44-19,195} N S P_.hC."C i 38G' ~ (47-98,99} ., i M LOT f ~ 'a ~ 40 . LI . L oT 2 ~ Mc Ew~fv LUMBER sf3B (38 -143} 524 f3.B5 AC. 516 0 N E/~~ A~~~~ i4E7! 9 S f '' 3~ 511 ~~ N (60-i87 ~ ~ / ® yd2 ~R• A 1 Vo$\ 53' r n ~°'~. ° P~ I ~4~a~ •R Diu „~ ~ ~~ yyb CONGRESS SQUARE (46-l98~~99~ $ A -f'Q~Y"'t G ~ i LAKE r ~~~ i I1r k -~ry~ -Y `Y~~~.\ 4 (47- 98,99} 504 505 506 5i4 ``' 507. ~ Pa 503.1 ~ U N gTOFt-ALL CONDO 503.2 69• 94. Ler I ~ M ~ ; 4p w c~ z O U Lo7 2 MC .WEN E.UMB~R SUH 516 524 13.DJ W\I. ~' AOA, 1 .`.^y I y! N EXH~~IT "F" i 19 10 U F z a ~O~H~L7~T cc~~9 DELRAY BEACH r z o ~ 100 N.V~I. 1st AVc1~1UE ~ ~~LRI~Y BC,'?,CH, FLORIDA 33A~l4 ~ 5611243-%OC10 All-America City Dear Jeffrey: In response to your letter of December 16, 2010, the following is noted: Your assertion that the scrap metal recycling operation is grandfathered is incorrect. That assertion is tied to an argument that the approved use of a junk yard extends to and includes the scrap metal recycling use. While we would agree that junk yard operations include accessary use of auto metal recycling it does not extend to general scrap metal recycling. In fact, the LDRs identify these two uses, junk yards and scrap metal recycling as two distinct and separate uses. In reviewing the record of business licenses activity for the site, this site has been consistently listed and been granted a junk shop for dealer license only. Your chronology (History of Zoning) indicates in 1977 junk yards (automobile parts and facilities and yards} was listed in the MI District as a permit#ed use. When the property was rezoned from MI to L! in 1984 the junk yard use was not a listed use and was allowed to continue as a nonconforming use. However, the scrap metal recycling use was listed in the LI District (not the M1 District) at that time. When the property was rezoned to L1 the separate use could have been added to the site if the use was requested and approved. No such record of application or approval has been found. The current zoning designation of MIC does not list either use as a permitted nor conditional use. The junk yard use can continue as a nonconforming use subject to LDR Section 1.3.3. However, as the scrap metal use was not legally established and the use is not allowed under the current zoning category of MIC and cannot be established. Sin rely, { Pau! Dorling, Al Director of Planning and Zoning cc: Brian Shutt, City Attorney ~i7~~V=CL:~ e ~~nFC7RT~sAi~1~` e ~N~°EG•~3~1'Y '~ ESP~NSSB~E ~ ~i~~QVA'rTV~ ~ E=~TV~~N~fitk ~~~TA~LAW OFQF~ICgES~TAT V V A:~ll~i ~ (3C, L 1 1'tl lr MiCI-iAEL S. WEINEIt JEFFREY C. LYNNE KAItA C. TANIS PROFESSIONAL ASSOCIATION IO SE 1 rr AVENUE D~LRAY BEACH, FLORIDA 33444 TELEPxONE (56I) 265 - 2666 FACSIMILE (56I) 272-6831 JLYNNE@ZdNELAW.COM Www.201~3ELAW.COM LAURIE A. TIIOMPSON, P.A. OF COUNSEL February 17, 2011 Ms. Chevelle Nubin, City Clerk City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Administrative Appeal Oe~r File Nv.: ARNFhQ2 Dear Chevelle: VIA HAND DELIVERY This letter is an appeal filed pursuant to Section 2.4.7(E} of the City of Delray Beach Land Development Regulations ("LDRs") on behalf of "Anything and Everything Auto, Inc." (the "Appellant") the owner of property located at 1865 Dr. Andre's Way, Delray Beach, Florida 33445 {the "Property"). The Appellant has operated the Property as both an auto salvage yard and scrap metal recycling facility for over 30 years. Notwithstanding the uninterrupted use of the Property for scrap metal recycling (which use was a permitted use), the City has recently cited the Appellant for using the Property inconsistent with the Property's current zoning designation. The Appellant presented competent, substantial evidence to Mr. Paul Dorling, the City's Planning and Zoning Director, of the ongoing and uninterrupted nature of the scrap metal recycling use on the Property and requested an administrative determination regarding same. Mr. Dorling issued a letter dated February 10, 2011 (the "Administrative Determination Letter"} concluding that the City's records do not contain evidence that the scrap metal recycling use was ever officially approved as a permitted use and therefore cannot continue as an otherwise legal nonconforming use. A copy of the Administrative Determination Letter which is being appealed to the City Commission is attached as Exhibit "A". The required appeal fee in the amount of $355.00 is enclosed. The Appellant is requesting the City Commission to conduct a hearing de novo and determine that the Appellant's use of his property is a legal nonconforming use which may continue to operate uninterrupted. Amore thorough description of the use and history of the Property is set forth in Cvmpasite Exhibit "B". Ms. Chevetle Nubin Eebraary 17, 2411 Page 2 We respectfully request this matter be placed on a regular meeting agenda of the City Commission. Upon your receipt of these materials, please advise if any additional documentation is required in order to complete the appeal application. Very truly yours, i J E < YNNE CL: nn i Enclosures cc: Brian Shutt, Esq. (via hand-delivery, w/o enclosures} Mr. Pau] Dorling (via hand-delivery, wlo enclosures) Mr. Frank Arnone {via regular mail} Michael S. Weiner, Esquire Ms. Ashlee L. Vargo OaARNF0021AppeallLetter to Nubin re appeaLFeb ] 7 2011,docx 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: March 28, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 REQUEST FOR IN-LIEU OF PARKING SPACE AND ASSOCIATED PAYMENT AGREEMENT FROM CHAMPAGNE WISHES INVESTMENTS, LLC. ITEM BEFORE COMMISSION The item before the City Commission is that of approving a request from Champagne Wishes Investments, LLC, for the purchase of one (1) in-lieu of parking space, at a cost of $18,200, to be paid via an In-Lieu of Parking Fee Agreement. BACKGROUND Champagne Wishes Investment, LLC has submitted a Class III site plan modification to construct a 250 sq. ft. mezzanine area in unit #17 of the Waterway East Development, located at 900 East Atlantic Avenue. Land Development Regulations (LDR) Section 4.4.13(G)(1) requires the provision of parking for changes or expansions of use. Section 4.69(C)(3)(e) requires shopping centers to provide 4 spaces per 1,000 sq. ft. of floor area regardless of use. Therefore, the 250 sq. ft. conversion requires one (1) space, (250/1,000=0.250`4=1). LDR Section 4.6.9 (E)(3) allows for the payment of a fee in-lieu of providing said parking spaces. The code requires it to be impossible or inappropriate to provide parking, and that no existing spaces may be eliminated to facilitate an expansion of use. This being the case, the applicant is requesting the purchase of one (1) in-lieu of parking space. The subject property is located in Area 1 of the In-Lieu Program, in which the cost per space is $18,200. As owner of the condominium unit the applicant is requesting payment via an In-Lieu of Fee Agreement in accordance with Section 4.69(E)(3)(d) of the LDR, requiring 50% to be paid upon execution and remittance of the agreement and two (2) subsequent payments of 25% on the second and third anniversaries of the agreement. Waterway East currently meets its required parking. Given the variety of uses with varying hours of operation within the development, Staff is confident that approval of the applicant's request will not negatively impact the development or surrounding area. Additionally, the Site Plan Review and Appearance Board, (SPRAB), at its meeting of March 23, 2011 approved the site plan deeming the request meets the required findings of LDR Section 2.4.5(F)(5) and is consistent with, and furthers the goals, policies and objectives of the Comprehensive Plan. In consideration of the aforementioned, Staff recommends approval of the applicant's request for the purchase of one (1) in-lieu space and associated payment agreement. REVIEW BY OTHERS The Parking Management Advisory Board, (PMAB), Community Redevelopment Agency, (CRA), and Site Plan Review and Appearance Board (SPRAB), at their respective meetings, recommended approval of the applicant's request as presented above. FUNDING SOURCE RECOMMENDATION By motion, approve the request from Champagne Wishes Investments, LLC, for the purchase of one (1) in-lieu of parking space, at a cost of $18,200, to be paid via an In-Lieu of Parking Fee Payment Agreement, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5) and chapter three of the Land Development Regulations. // u'1 II ~ 'S~It , } i4////6 ~~ S rn ~f~r~i.. ~ ~ ~~~'~ ~y,., ~~ s t ;, ., .;~ ,; ~., ~ ~ ~. { ,r ~~ ,,, ~ ~~ -~~ ~ r.'_ ~ ~~~ t ;~, n ,~~. /' 9j ~ ~ "~ ~ 1>"; ~ id//////~ - .,.. ~ ~~~' -, r'~~ ~ ..3 ~~ ,. ~~ .~~~ ~, w ~,.~ ~ 'f 1I~~ .. r, I u ~~ Ili .. ~% Vi, r k / ~"'i~ c. ,. r. q ~~. '' i„ ~ ,~ ','~'~ ' s w ' s 1. .~ ~': ~ ~ +~ ~. ~.., ~~ uuuum~i + ~yf ~:~, li "s ,, ~~ r .. "k f f ~~ „_ ~~ (( ~. _ ~ r~° i ~. ~~• .., . ~~' _ ~ E. ATLANTIC AVE. s,r+s 41 ~~ .yqr t !« ~, p t ~ ~~''H' ~ ~i .'~ q r~ -. ~ II~1,J~~~„ ~ ~~;z '~ .~ ' ~ a '' ~~ ' ~; f 11 X ~ J' IJ :~ . III,,. ,, ~, ,,.._.,.,~. ~,_ ~~ ~ ~ ~~,~.,...,,,. ... ,,.,. `~ ~llD~lu~m ~~_ r ~ ~ ~~ N ~, ~. _ ~ ~ y,'. i d ~ ~i ~~~z Illlil~,~,~~ e ~ ~ P ~ ~' 4 ,iJ ~ ~ ~, ~t f ~ ~~ "T^h ~;.-~ ~, ~ ~,. .~T i; III ~O 1~ j~ ti' ~* ~~ ~~ ~ j ~~ ~ ,.. !.. IAIU~ - ~y .'R F .~ x;,. ~ I I .J~~~,. ,,, ~~~ ., a IIII„i' I~ p ' '. ~TyM ~M r 111~~~"' .,. .. • •. . , o umuuu ~ v~ ~ '~ l~~liuu; I, ~~ ~ ~ I Yf ~~ a~ t' ,~~, al I~Itll ~ ~~ ~ ~ rn ~~niwuuw , ..:~,, ~ ~ ,r ,~, , a>~ ~ ~ i ~ hr ~~ ~~~ ,,p~! ~1 U { ~l~ 1. ~ ~~ ~ ~ ~i ~ ;: ..]~ ~ ~. , .~ ~ ~ ~i% n I r5 y. -._ fj ~ Y ~,,.~ 'r ~ r~i~; o ( ~ / ^ 0 0 U W ,~ CITY of DELRAY BEACH CHAMPAGNE WISHES DATE:03/31/2011 6 ENVIRONMENTAL SERVICES DEPARTMENT ®®° 434 eouni SWNiON AVENUE, DELRAY BEACH, RaHnA s344a INVESTMENTS, LLC FILENAME 20, ~ -200 1 of 1 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 CHAMPAGNE WISHES INVESTMENTS, LLC 1. This in lieu parking fee request for the purchase of 1 parking space in-lieu has come before the City Commission on April 5, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the in lieu parking fee request for Champagne Wishes Investments, LLC. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. IN LIEU PARKING FEE: Pursuant to LDR Section 4.6.9(E)(3), when additional parking is required 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 $18,200 per space totaling $18,200.00. Payment is due 50% upon execution of the Agreement, 25% on the 2nd anniversary and 25% on the 3rd anniversary of the Agreement. Yes No 3. The City Commission hereby finds that the In Lieu Parking Fee Request meets the requirements of 4.6.9(E)(3) of the Land Development Regulations, with the conditions listed above, if any, and the City Commission has applied the Comprehensive Plan and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan and Land Development Regulations. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained 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 5th day of April, 2011, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk Nelson S. McDuffie, Mayor 2 Prepared by: RETURN: Terrill C. Pyburn, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 IN-LIEU OF PARKING FEE AGREEMENT THIS AGREEMENT (the "Agreement') is made as of the day of April, 2011, by and between THE CITY OF DELRAY BEACH, a Florida municipal corporation of the State of Florida ("City"), and CHAMPAGNE WISHES INVESTMENTS, LLC ("Owner") WHEREAS, Owner is the owner of certain real property located at 900 East Atlantic Avenue, Suite 17, Delray Beach, FL 33444 (the "Property"); and WHEREAS, Owner has applied to the City for approval of the Class III site plan modification of an existing structure associated with a 250 foot expansion of its current office space; and WHEREAS, as a condition of approval for the development on the Property, Owner must provide certain parking as required under the Land Development Regulations of the City. Section 4.6.9(E)(3) of the Land Development Regulations further provides that the City Commission may approve the payment of a fee to the City in-lieu of providing required parking; and WHEREAS, Owner has requested that the City Commission approve the payment of a fee to the City in lieu of providing one (1) of the required parking spaces for the development of the Property and the City Commission has approved this request; and WHEREAS, the parties desire to enter into this Agreement in order to confirm the terms on which the in-lieu parking fee shall be paid by Owner. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and conditions contained in this Agreement, and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, hereby agree as follows: 1. The parties hereby represent and warrant that the foregoing recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Property to which this Agreement applies is legally described as follows: See attached Exhibit "A" 3. The City hereby confirms that, pursuant to Section 4.6.9(E)(3) of the Land Development Regulations, it has approved the payment of the fees described in this Agreement in-lieu of providing one (1) of the required number of parking spaces for the development of the Property. 4. Owner shall pay to the City a total in-lieu of parking fee of Eighteen Thousand Two Hundred Dollars ($18,200.00). The total fee shall be paid as follows: (a) One payment in the amount of Nine Thousand One Hundred Dollars and 00/100 ($9,100.00) by check delivered to the City upon execution of this Agreement by the Owner. (b) One payment, in the amount of Four Thousand Five Hundred Fifty Dollars and 0/100 ($4,550.00), is due on the second anniversary of the date of this Agreement. (c) One payment in the amount of Four Thousand Five Hundred Fifty Dollars and 00/100 ($4,550.00), is due on the third anniversary of the date of this Agreement. (d) Each payment shall be made to: Finance Department City of Delray Beach 100 N.W. First Avenue Delray Beach, FL 33444 5. In the event Owner fails to make a payment by the date required, the City shall provide written notice by certified mail, return receipt requested to Owner at 900 East Atlantic Avenue, Suite 17, Delray Beach, Florida 33444 or at such other address as maybe designated by Owner by written notice to the City. The City's notice shall request that Owner make the past due payment no later than thirty (30) days from the date the notice is received. Failure of Owner to remit payment within this thirty (30) day period shall be deemed breach of this Agreement. 2 The City shall thereby be entitled to accelerate the remaining payments demand payment and file suit in a court of law seeking all payments due, interest, costs, and attorneys' fees. 6. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefits of and be enforceable by, the parties to this Agreement and their respective successors, legal representatives, and assigns. 7. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of this Agreement. 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. 8. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties to this Agreement. 9. This Agreement is not valid unless signed by the City's Mayor and City Clerk. 10. This Agreement shall be recorded in the Public Records for Palm Beach County, Florida. IN WITNESS WHEREOF, the parties to the Agreement have caused this Agreement to be duly executed on their behalf as of the dates set forth below. ATTEST: By: City Clerk Approved as to Form: By: City Attorney CITY OF DELRAY BEACH, FLORIDA By: Nelson S. McDuffie, Mayor 3 WITNESSES: Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH CHAMPAGNE WISHES INVESTMENTS By: Print Name: (CORPORATE SEAL) The foregoing instrument was acknowledged before me this 2011 by day of , (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public -State of Florida 4 MEMORANDUM TO: Mayor and City Commissioners FROM: NTicbael Vinci, Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 30, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 WAIVER REQUEST/ THE BACK ROOM ITEM BEFORE COMMISSION The subject waiver request is to allow the establishment of a Stand Alone Bar within a building which is less than 300' from a school. BACKGROUND The subject property, which consists of Tract C and a portion of Tract D, Congress Square, is located on the south side of West Atlantic Avenue approximately 140' west of Congress Avenue. The site contains a shopping center on 9.9 acres including two outparcels containing both a bank and restaurant. The current request involves the leasing of a 2,400 sq. ft. bay at the southeast corner of the shopping plaza for a stand alone bar. Pursuant to LDR Section 4.3.3(V)(3), Uses Involving Alcoholic Beverages, Prohibition by Proximity (Schools and Churches), alcoholic beverages shall not be sold at any establishment which is located within 300' of an established school or church. Pursuant to LDR Section 4.3.3 (V)(3)(a), this 300 ft. distance shall be measured from the nearest point of the building to the nearest point of the school grounds. Under this definition the building (not the specific bay) is within 293' of the ball field facility at Atlantic High School. The actual distance between the proposed establishment and the school grounds measure approximately 360'. Waiver Analysis Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and/or (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has submitted the following narrative in support of the waiver request: This letter is a request for a waiver for The Back Room located at 2222 W. Atlantic Avenue in the Congress Square shopping center. We are seeking relief from LDR Section 4.3.3 (V)(3)(a), Prohibition by Proximity (Schools and Churches). We are making this request to open a Stand Alone Bar which will serve beer and wine with no food service. A fully executed lease is in effect for the space based on initial due diligence which indicated that this location was in compliance with the Planning and Zoning Department of the City of Delray Beach. There has been a substantial investment in furniture and equipment. LDR Section 4.3.3 (V)(3)(a) [Prohibition by Proximity(Schools and Churches)], states "with respect to schools, the 300' distance shall be measured from the nearest point of the school grounds in use as part of the facilities. "The location of the proposed business within the shopping center is nearly 500' in distance from the school grounds. The proposed business is approximately 293' from the property line of Congress Square. We are respectfully requesting this waiver from the City Commission. In consideration of the waiver review criteria, the reduction of the required distance between the proposed establishment and the school will not (a) adversely affect neighboring properties as the location actually exceeds the minimum separation requirement; (b) will not diminish the provision of public facilities as these will not be impacted by the request; (c) will not create an unsafe situation due to the noted proximity; and, (d) would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. In fact, the actual location of the use within the shopping center exceeds the distance requirements to the school grounds(360'). Further, an even greater distance (and compliance with the intent of the regulations) is realized between the actual school building and the rental bay in the plaza (approx. 1,400 sq.ft.). Given the above, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. RECOMMENDATION Approve the waiver from the Land Development Regulations Section 4.3.3 (V)(3)(a), to allow a reduction in the minimum 300' distance requirement between a building where a stand alone bar use is proposed and school grounds, based on positive findings with LDR Section 2.4.7(B) (5). Attachments: - Waiver request letter - Location Map - Aerial Map iltcara T~as~~it~ality ~"'mxis~rfltia~ ~~,;` 1/~ `l:l~~~ F~ac~~ ~~~ar~a°a ~? ~,~. tlar~ti~ rear II~~1~-y ~~~;1~ ~l. 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S ~4° S'~l3JG~T ~R~~Er~rw 1~~ ET '~'LP,fUTI '~` ~JIJ ~~~~vrairac~ Arid zar~ar~ '' " IPA~I~I P~ dERA~2TMEIVT I ;;~ ~IG~%:dL ~i5En aLda SYSTEN~ °- IH9~4P REF tV\Ati"tcrC~fiD\pAicha~~\2~P~ 22220 ~' Dot%antlc ~w~. Shand Nana Bar 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 REQUESTED BY THE BACK ROOM 1. This waiver request came before the City Commission on April 5, 2011. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the waiver requested by Back Room. All of the evidence is part of the record in this case. 3. 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. 4. Uses Involving Alcoholic Beverages: Pursuant to LDR Section 4.3.3(V), Prohibition by Proximity (Schools and Churches): Alcoholic beverages shall not be sold at any establishment which is located within 300 feet of an established school or church. (a) With respect to schools, the 300' distance shall be measured from the nearest point of the building of the place of business, location, or establishment to the nearest point of the school grounds in use as a part of the school facilities. Under this definition, the building (not the specific bay) is within 293' of the ball field facility at Atlantic High School. The actual distance between the proposed establishment and the school grounds measure approximately 360'. Should the waiver be granted to allow a reduction in the minimum 300' distance requirement between uses involving alcoholic beverages and schools? 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 5th day of April 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Aronson, Parking Management Specialist Richard C. Hasko, PE, Director of Environmental Services THROUGH: David T. Harden DATE: March 31, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 CONTRACT AWARD/AMERISTAR PARKING SOLUTIONS FOR THE MANAGEMENT OF PARKING FACILITIES ITEM BEFORE COMMISSION The item before the City Commission is that of awarding RFP 2011-07 to Ameristar Parking Solutions for the management of parking facilities BACKGROUND Since 2006 Accurate Parking Services, (f/k/a Parking Pros) has been staffing parking facilities for the City at special events and the South County Court House Garage when the City was using it on weekend evenings to alleviate parking in the downtown core area. The agreement has since expired. Accurate has continued in a month to month basis while the bidding process was completed. Of the eight respondents, Staff agreed Ameristar was the most qualified bidder in spite of not being the lowest quoted price. Factors that weighed into the decision were price, references, and experience. The lowest bidder, Doublepark was not selected due to inconsistencies in their references. International Parking System was deemed unresponsive as its submittal was a copy of the RFP with a short blurb of the companies size and earnings. In both cases, the majority of experience appeared to be on-street valet parking similar to our valet program. Ameristar Parking Solutions has provided services in the City for several years as Boca Parking Systems, at one point running a majority of the valet queues in the City. Additionally, they have proven to provide excellent service while being honest and dependable. The difference in price between the lowest bid and Ameristar is $3,447.52, which equals approximately 4% of the contract value and less than 2% of revenue generated in the garage last year. FUNDING SOURCE Garage management services are funded through account # 001-3151-545-34.90 RECOMMENDATION By motion award RFP 2011-07 to Ameristar Parking Solutions for the management of Parking Facilities f~] w Q U v ~ y h ~ ~ ?r~ 01 gypp" 7 iV ~~~~ i~;~a ;~ m '~ ~ ~ ~ C GL Q r 0 N .O ii G G S U ^~ ~ oo ~ ~ 4. ~+ O vim- U .C ~^ ~ ~ 4 ~ ~ ~ ~ f1 Z ~ Y W O ~ U C~ p Qp O V ~ ~p r "r"` ~i ' ~ e~ ~, ~ m t ~ ~. ~ ~ °~ ~ Vl LLE ~' ~ Q ~ ~ N3 m ~ ~ ~ yUy ~ N ~ U ~ ~ m .p. O m m (~ IQ N ~. p N to j ~ £ ~ .~.; ~ ~ ~' E m ~ ~ e` '~ N M Y' ~ p ~ !A eH MS is ~ ~ ~. ~ y ~ p ~:, ~ ~ u , 'a [~ ° U ~ ¢ m ~ ~ 'a '5 3i a 'S C? a6 °~ a rn~ y c --~ ~'~ ~ ~ m ~ m ~' p O ~ 61 q? p a° ~ m ~ ~ a ~ r ~-' Uj ~ o ~ a ~YGy~ a Q ~ CO ~ DO b9 Q 2 I ~ ~ Wp o UJ w ~ o ~. a °' '6 m ~ .yam„ .~U m~ a a F... ~ ~ ro c -a ai 4~4 $ m ~ ~ _ ~ en ~ s c a ~i 'S a Y/i ; ( u. ~' $ $ ~ ~ ~ ~ 7 U o ~ F"' W O ~c~ H ~ .~ s 4 ~ U - pp i~ if pp O OD y~i7 1 ( 7 ~ ~ .T S l Z 7 ,~ N ~ N ~ V !1J CI1 ~ t9 V~ ~ £L ~A ~ y f!~ .a ~ ~ ~ ._ S ._ 2 ~ ~' O CI ~/J ~ N! Ni ~ ~ ~ ~ ~ ~ a ~ ~ ~ ~ ~ W ~ J v r v 'c" z ~ ,t ~" Q. ~ ~ ~ w F ~ ~ ~ O Z C7 ~ ~~~u n n Q tY n ` ff cC aC ¢ Z ~ ~ ~ z o ~ ~ ~. ~ ~ ... ~ ao a U J ~ Q tL W ~ N ~ ' ~ Q C1 M 'c! '~ J a ~ ~ ~ v ~ ~ ~ '~ . CI 8 °' ~, .... ... ... N ' " ~ f n r ~ ~ ~ ar ~ A m NJ i ~ ~ ~ ~ 7 Q ~ y Q. Q ~ xs ~ ~ ~ ~ ~ ~ s Q' Y3 ~ #~ ~ ~ ui. ~ _ a i ~ ~ E °'rn ~ p ~ ~ ~ y ~ ~ ~ h '1 J 67 t~ ~` C ~' 'O ww„ ~ ~ t] y La v ~ N n W 1. v C ~ . ~ ~L"' ~ ~ aN ~ ~ ~ `~ ~ ~ ti ~ 'i'J Tn c ~ 3 ~- ~ ~ U O ~ "® `"~ r"~ ~ ~~ 5~ ~ ~ I~ 3 ~ ~ ~ N ~- O z ~ ~l ~" f11 'O '~..~ ~ ~ ~ ~ ® ~ ~ ~ ~ s ~ ~ ~ ~ ~ ti ~, n ~# !~ v (~ ~ ~' ~ ~ ~ ~ 3 ~ ~ ~ ~ ° ,~ ~ a ~ ~ ~ ~ ~ ~ ~ m ~ m ~ z ~ ~ ~ ~ ~ n ~ 5 ~ "1 ~ -y ~{ y I f A W ~ C~ ~ '-f ~ ~ ~1 ~. ~. N ~ ~ ~ .~. ~ .•, ~ W ~ ` ~ ~ .N .N ~ ~ - ~ 1 , ! v , •. ~ ~ ~ ~' W ~ r o a- ~~ ~ ~' m y^ ?~ ~ ~ w 3 ~ ~(~ ~ ~ 3 m ~ ~ ~ ~ ~ c~ ~ ~ m ~ ~ ~ C7 ~ m ~ ~ ~ m -~ ~ r~ ~ m "f'C ~~ n l:J O N A N 0 y Z z a 0 EA I a~ !~ W Ol ~ m ~ ~ m ,~ ~ s ~ m ~ ~ ~ ~ ~ p ~ ~ ~ m ~ a~ ~ ~ Z m m 0 MEMORANDUM TO: Mayor and City Commissioners FROM: David A. Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH: David Harden, City Manager DATE: March 15, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 BID AWARD/ VILA & SONS LANDSCAPING CORPORATION ITEM BEFORE COMMISSION City Commission is requested to approve bid award to Vila and Sons Landscaping Corp. for landscape maintenance of Stormwater Retention Areas, Bid #2011-05, for the estimated annual total of $37,847.44. This is a savings of $5,427 compared to the previous annual contract for this service. BACKGROUND Bid #2011-OS was opened on February 16, 2011. Thirteen (13) contractors submitted bids all in accordance with City purchasing policies and procedures. This is a one (1) year contract with the option for two (2) one-year renewals. Vila and Sons Landscaping Corp. is the third lowest bidder. After the department's review of the apparent low bidder, Tare Landscaping, there was a concern that this vendor was not equipped to handle a project of this size with four (4) employees and inadequate equipment. The second apparent low bidder, Gator Landscaping, has provided unsatisfactory service in the past (see attached email from staff). Gator was awarded this contract in 2006. Over the course of the next year there were six meetings with or certified letters to Gator regarding their failure to notify Public Works when they were doing maintenance, to submit proper reports of maintainence accomplished or of unsatisfactory maintenance. Their contract was not renewed in 2007. Vila and Sons Landscaping Corp. has the necessary staff, experience and equipment to perform this service. FUNDING SOURCE 448-5416-538-34.90 "Stormwater Utility Fund/Other Contractual Services." RECOMMENDATION Department and Purchasing staff recommend award to Vila and Sons Landscaping Corp. for for the landscape maintenance of the Stormwater Retention Areas for an estimated annual total of $37,847.44. ~~~ M a_ ,~ ~. ~ { ~: ~ ~. -- .m mi , ` ,~ ~ "~ r ~' i ~ - i - '. I ' ! et `r,^ tl ~y, ~ _ ._ ~i '; 'I v >5 r a 6i~=t ,.i '~ ~ ~ .~ i .. i I i ` 4 ~I P. {... er"i ~, w _.., ~I ~~ { ... p: _:. f r ~ {, ~ I ...r~ ~-~ Ia_. ~~ f i ~, I ~ i r ~i Y j s If ~ ~ G.:? S.? d, Lk ~, ~~ ~ •_ kll ~~ p'y I ¢;M ~ ~ ` j I ,. ~ Y ~ ~ ~ ~ t i T' ~ r l m f _. ~ ~ .~ ~ S i 4 ~ ~. ~- S < c~ ~ ~ , a, ~~ i ~ ~' ~' I r Robinson, Amy frarA: Bellinger, Harold Sent: Monday, March 07, 20'41 2:32 PM Ta: Robinson, Amy Subject: FW: Recommendatien fot the Lat~dsca~e Maintenance Starmwater Retentlan Areas Attnuai Contrail B'td #2011-OS Attachments. 2011-05 Bid Tab Landscape Stormwater Retention (2).pdf Amy, Although Tare Landscaping was the lowest bidder, I have my reservations about awarding the contract to them for the following reasons: • l'm concerned about the number of employees t4) for a project this size. • A#ter inspecting the equipment, it appeared to be inadequate, broken, flat tires when I asked about this I was told my other equipment is in the shop. was in the shop. • After meeting with contractor l have no confidence in his ability tv meet the requirements for the retention pond maintenance. Gator Landscaping was the second lowest bidder, however their eampany provided unsatisfactory service in the past. I met with Tam Spino from Vila and Sons landscaping and would like to award the contract to their company.. IF~m; Robinson, Amy Seat: Friday, March 04, 201I 9:22 AM To; Bellinger, Harald Ce: Nadal, ~y S~bjiect: Recommendat~n fi5r ire Landscape Maintenance S1~rmwater Reter~#lon Areas Annual Contract Bid #2011-05 Harold, Please send your recommendation far the Landscape Maintenance Stormwater Retention Areas Annual Contract ASAP. We need to have this ready far the March 15, 2011 Commission Meeting. Youi~ recommendation needs to be received by Purchasing no later than Tuesday, March 8, 2011. Thank you! ~, sz. ~~ a ~ o~ Dc~ b"eau~ 4~tee; 561.243. ?!63 fax; 561, 243, T~66 robinsona c m delta beach.com MEMORANDUM TO: Mayor and City Commissioners FROM: Amy Robinson, Senior Buyer David Boyd, Finance Director THROUGH: David T. Harden, City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 BID AWARD: MULTIPLE VENDORS/AUTOMOTIVE PARTS ITEM BEFORE COMMISSION City Commission is requested to approve multiple awards to bidders(s) listed below for the purchase of automotive parts stocked in the Purchasing Warehouse, at an estimated cost of $103,202.43. Some awards are to second and third low bidders. BACKGROUND Bids were received on February 23, 2011 from eight (8) vendors all in accordance with City's purchasing procedures. (Bid No. 2011-01 on file in the Purchasing Office). A tabulation of bids is attached for your review. The Fleet Maintenance Superintendent and Purchasing Division have reviewed the bids received and recommended award to the bidder listed below and as highlighted on the attached tab sheets. Justification for not selecting low bidders for items as listed below is that other bidders did not meet bid specifications as requested. Items #6, 9, 16, 18, 33, 34, 35, 37, 38, 42, 43, 44, 45, 46, 47, 48, 51, 52, 54, 55, 58, 61, 63, 64, 67, 77, 78, 80, 87, 93, 101, 104, 105 and 110. In addition, the vendors have offered a discount on similar items not inventoried in the warehouse. Recommended Vendors: Cold Air Distributors Warehouse Delray Motors General Parts Inc. Total Truck Parts Vehicle Maintenance Program FUNDING SOURCE Account Code 501-3311-591-52.50 OPERATING SUPPLIES /EXTERNAL PARTS RECOMMENDATION Staff recommends multiple awards to vendors as stated above at an estimated cost of $103,202.43. Funding from various departments operating budgets. 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~' 2' O S V T a _ O Z _ O Z _ O Z _ O Z _ O Z _ O Z N N d) d) ~ O N ~ _ O Z _ O Z _ O Z _ O Z _ O Z _ O Z _ d ~ ~ a NO ISO N N I~ N 47O IAN N N O N O OM M ~ 47 (~J NO MO M 47 ~ N 00 NO ~ O ~ M (~J OJN ISM N ~ (O NN 4747 N O N ~ NO ~O M N N~ (~J N OJO IAN N 47 M ~ OJO ISO 47 47 I~ OJ N(O NM r r N NO (~JN 47 N O N MN NIA N M N (O 1 d~ (00 NO M(O M 00 (O ~ M N M NO Icy M~ ~ ^ m ^ m N (O N I~ M N r 00 ~~ ~O ~ ^ m NO NO M47 r ^ m N ~ O~ O r ~ r O r0 ~ N ~ ~ _ m Y a t7 u C7 F » F» » F» » F» O Z O Z » F» » F» O Z » F» O Z » F» » F» O Z m t1i a r~ ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O ^ o] O `o `~ a Z Z Z Z Z Z Z Z Z Z Z Z Z N N O I S O MN M ^ N O 4 7~ NIA ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ N N O N NO O r O o° ~ ~~ O ~~ O O O O O O O O O ~~ ~ N ~ O a a r 47O ~ O X 4 7 ~ ~ 47O ~ O ~ O ~ ~ 47O ~ I~ ~ (~ J 47 ~ M N ~ N (~ J I B N N NO I A N O N ~ N M 47 N ~ I~ ~ N M 4747 ~ O ~ (O O N O N ~ N N N N 47O ~ N ~~ I~ 47O (~ J O O J O J M 47 47N (~ J (O N N N OO O O O J O ~ N N N O N N( O O O_ o X03 m c ~ a.. „ ~ x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w x U a w ~ ~+ d b W O O ~ 47 O M N r O M N N ~ O O O N O O N O (O N N . ~ 2 W m N a 7 2 a M > C.1 } R' ~ # N N > O ~ 0] w0 ^H X ~ ° # X Q ~ U ~ # O ^ ~ ~ m ~w K X ~ ~ w ~ X Q X UC7U H Z O ~ r ~ ~ ~ O ~ U N S ^ w K Y w w ~ O ~ ~ >#~ Z~ 7 O (~O M N (NO ~~ O ~ (00 N _ (00 O ~ O (r0 ~ ~ N ~ ~ O d O O O r ^ ~ Z 7 r O^ H X ~ N O r 7 M O (n r W ~ ^ ~ N r OU r ~ (O O U O ~ N O ~ LL~ O ~~ O = O LL O ~pM ~ O ~= Q O 3N~ O O= Q 0 O U O O U O D O Q Q O O O Q O O Q~ (n O O ~ a O O ~~ (n O O ;~ 7 O ~ U N O N~ U m y m # ^ y m U a K O LL ~ m U d K N LL ~ m}# > a~ # ^ a~~ N K LL ~ m ~ ~ LL - 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- ^ m O O (O O M(O N~ O N N O M O N(O N~ (O N M N O J N N~ (OM N N O J O I A N (O OJ MM N r _ m _ m O O O J N NO (O OJ I~ O ~ N M~ M~ O N N N O N O~ ~(O vt O O O C7 n Z Z Z - m `a ~ y ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m a C7 v ~ r` O z O z O z O z O z O z O z O z O z O z Y Cl U a r~ ^ m O N O N ~ O I~ N ~ ~ M O (O N N ~ O M c+J O J N N N N ~ O N ^ m O M N I~ N N I A N N ~ c+J I S O ~ N O J (~ J M I~ m ~ ^ m O ^ m O ^ m O o `~ a z F» F» F» F» F» F» z F» F» F» F» z z z N ~ O ^ m ^ m ^ m ^ m ^ m ^ m ^ m N(L OQ N C ~ V (00 (00 ~ O J ~ N (O NO NN N O ~ O o° ~ O O O O O O O F» es F» F» F» F» r m m m m m m m O J N I~ ~ O J I~ ~ N (O O (00 ~ m ~ N O N O NN N O ~ a a X 3 O z O z O z O z O z O z O z 0 m c c a.. „~ x a w x a w x a w x a w x a w x a w x a w x a w x a w x a w ~ ~+ d b W O N O (O O N N ~ O N N ~ O N N O N (O . ~ 2 W Q m ~ Q ¢ a 7 ~ ~ Q v i ~ U ~ } y~ or LL ~ W ~ ~ ~ o W ~ N U~ Z W O (O Z Q w N LL Q W ~ ~ O LL ~w W> H 2 W j ~UUU Z# W U UXU N c7 W ~~ woU J O W w~ C7OU S O W z Kutn W W W W (~ to K N W ~ oU O W 7 U~ ~~ ~C7 ^tn O# W ~ Q(n p W -- O LL~^~ W~ K H r W~~ (~ J O O J~ ~- rn 7 (~ J LL~~ m~ rn j (~ J LL~~ p J N~ ~- Q~ ~^ O j ~ LL N~ N W m~ ~~~~ N Z U ~ m ~ o K~ H ~ U LL H O U H ~ O LPL ~ H O N^ a QH O QU 7(n O O COK~H 0 W QU O OKUF O W K(~ O coKUF o W K(~ O LL J- co~ ~ o W U O N coKO~ o W #U O J coQUH O> K(~ 7 O~UU QK N Q OY K~ ODUU M O -~O ~ O mLL~U a Y U~ 7 a~ X 7 a~~ 7 a~~ 7 a Q~ 7 a~ X 7 a 0~ 7 K co K U UZ coo d 0 7 coo LL M~ 7 QQQK wtn ~K'y ~O 4^Ztn ~~ WO 4^~tn ~~ WO 4^~tn ~~ WO 4O ~tn O WO 4^Ztn ~~ W0 4~~tn ~7'yO °W~~ ~JOw °J~U ~000 ° ~(n~U ~ aC7w0 oULLLLZ OQmz oQ~z oQ~z oUZZ OQmz o~~z o~oO oU~z otn QOz ~L W H OJ N O <O <O N <O M <O ~ <O N <O <O <O I~ <O N <O 3 W o Y 2 0 ~ F ~ d 2 ~ m (~ Y .J x x m U z O U ~ o Z Z Q O ~ N ~ Z Q 0 a m O O Q d °r'a N M rnm roo I m~O r N m ~ N M mcNn N N E M ~~ (O ~ ~ N OJ M ~ M ^ ^ ^ ^ _ _ _ _ o s a` O z O z O z O z t N O ~ ~ N ~ MOJ ~ N N O J O M(O (~ J O J I~ r N I~~ I A N ~ y N N ~ O N I~ M(O O J T N ~ r m m OO ~ N I A N N m na c r 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 O z O z 3 s3 O z d c N- ^ m coo cNn vi ~ ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ~' ~'o =o U T a O Z ~ O Z O Z O Z O Z O Z O Z O Z O Z ~ ~ a O O 00 ~N ~ O O N N N~ I~ O O 00 N(O 47 O O 00 ~N ~ M ~ O O N O N(O (O N O OJ y ~OJ N ~ N OJ N ~OJ N O O NO NN ~ ~ I~ r (O N M r (ON ~ I~ N N Or N~ ~~ ~ m `a ~ y ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m a C7 v O O O O O O O O O O ~ r` z z z z z z z z z z m` ~ - ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m a r~ `o `~ a O z O z O z O z O z O z O z O z O z O z N N O ~ ~N ~(O OJ I~ O J N ~ N N N ^ ^ M (O N M OJ ~ ~N O J N O~ ~M ^ ^ OO I~ (O M ~ N OO N O (ON ~OJ O o° ~ O O O O ~ ' 00 M(O N O J OJ ~ N I~ O M N ~ r ] ] N ~ 47O N I A O (ON N~ r r N OJ N 47 N M I S ~ ] 00 r O M I~ N N(O 47 r ~ M N aa s O O O X03 z z z m c c a.. „~ x a w x a w x a w x a w x a w x a w x a w x a w x a w x a w ~ ~ ~o w ° ~ ~~ zw O~ H > az y~ ~ ~ ~~ a~ dQ ~ a a _ Y H H ~L W ~ ~O 'Q U~ ~ m W (O ~ N~ H y(O ~ ~ H H 2 ~ N O O ~ O O N O O~ N ~ N¢ Od ~ I~¢ Y O d N N~ O J ~ (n N~ ~ O LL U m ~J ~ ~ U U m ~J ~ ~ o= ~ ~ o= ~~ o~ ~ o~ ~ o m 0 ~ o m~ i O o~~ ~ 47 o~#~ ( ~ o~ 3 ~ ( Q~ o~ 3 m~ o~ mm o~ mm o~ mm o~ mm oL~ m ° 'O os~ m ° '} o..~ mLL~ o to rnEOj ono O rnE0 Z o,~o~0 ~~~U~Z o O a N O d~ O a O a . - O p O J O . - O p p w O ~ Q O~ U 7 U O~ O J Q 0 O~ O J} 0 O N O N O N O N w O O lL J p W O lL O lL ~ w O(nS O(n S O(n O(n OSO O SU OLL ~ Z O HQ OHOLLO O HO LLO ~L OJ O N M ~ N <O I~ N w H co ~ ~ ~ ~ ~ ~ ~ ~ ~ 3 W o Y 2 0 ~ F ~ d 2 ~ K U } •' x x m U z O U ~ o Z Z Q O ~ N ~ Z Q ^ a m O O Q Q LL OJN N (O N ~ ~ N OJ OJ N N N~ N N N~ ~ O (O (O ~ O J ISO N N I~~ ~ (O N(O N O J N E ~N N N I~ N ~O OJ M(O ~ N(O M N I~ ~ OM ~ N N (O NO M ^ ^ ~ ~ 0] 0] ~o s a` O z O z ~ O O 00 M(O M O O 00 M r N O O 00 MM O M O O 00 MOJ CJ O O 00 Mr N O O 00 M M y N N O IAN M I~ N O O 00 M(O CJ O O 00 M(O CJ N O ISO N N OJ N _ m na o r 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 O Z c N- ~' ~'o =o U T a ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z ^ m O Z NO O(O N~ N N N OM N N N N N 00 N I A O N N N ~OJ N N O ~ OO N~ N I A M OJ OJ ~(~J O N ~ N N MO NN N ~ ~ ~ M(O NIA N (O ~~ ~ OO N~ N (O N ~ ~ ~ ~ ~ N ~ N r M(O NOJ ~ I ~ I~ ~ 1 ~ ~ a - m `a ~ y ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m a C7 v ~ r` O z O z O z O z O z O z O z O z O z O z O z m` ~ - ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m ^ m a r~ O O O O O O O O O O O `o `~ a z z z z z z z z z z z N ^ ^ ^ ^ ^ ^ ^ ^ ^ N O O N N M ~ N N r ^ O o° ~ O O O O O O O O O ~~ O O ~ ' r ^ m ^ m ^ m N N OJ M N N M ^ m N N OJ OJ N N M N N O OJ N N I A ~ N O OJ ~ N N M N O OJ ~ N N M N O OJ N N O M OJ N O OJ ~ ~ (~ J ~~ a a X 3 O z O z O z O z 0 m c a.. „ ~ = a w _ a w _ a w _ a w _ a w _ a w _ a w _ a w _ a w ~ a ~ ~ a ~ ~ ~ ~+ d b W ~ " N O N ° N ~ O . ~ 2 W ~ ~ H aZ y~ w w w0 °z ~ ~ ~ ~ ~ w Z z w O ~ ~ ~ z w N ~ ~ 7 m K Z w ~ ~ ~ a w O ~ 7 z w N ~ ~ 7 T w <O ~ ~ a m N ~ 7 a m <O ~ 7 Z I ~ ~ ~ .- o O _ ~ p .- N O p] E ~ Q } O p] H ~E } H N p] E ~ ~ } N ~_ ~E O H N p] H E } H p N E~ p U M (n E M (n E M p] E } _ ~oC7 O _ Boa O N ~ H O Q (n O ~ O Q U7 ~ H 0 Q (n O ~ 0 U (/7 ~ 0 Q U7 H H 0 U(n O~ O O Z O ~ O O Z O ~ O Q O OU 4J O O U~ rn Q}~ 7 O NZ (n rn Q} O~ 0 N ZN(n o Q} 7 OJ NZ(/~ rn Q Q 7 O NOJ (n m Q} N 7 0 NZ U7 m Q Q~ 0 GNU rn Q O ~OO ~ Q O ~~0 ~ Q °y y 0 ~ZN ~~ N r N ~ O r N ~~aQOO o~ K K Z ° mQ o~ K K Z Om aQO o~ K Z ~'a' O o~ cn Z ~'aQOO o~ K K Z ~~a~O o~ cn Z rn a~Z o~ rn Q ~'a~Z o~ cn Q ~'aQ^ o~ K K ~ m ~ o K Q ~ m m o K^ ~L W H OJ I~ O N N N N M N ~ N N N <O N I~ N N N 47 N 3 W o Y 2 0 ~ F ~ d 2 ~ K U } •' x x m U z O U ~ o Z Z Q O ~ N ~ Z Q 0 a m O O Q Q n E ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ~ ~° m m m m m m m m m m m o s a O z O z O z O z O z O z O z O z O z O z O z ~ _ m N N N~ (O ~_ O O ~~ N N O M N O O~ M I S ~ N N O ~ M M OJ M O O 00 M O OJ N N OJO ~ I~ M N N (O~ ~ N O O N(O M N ~ N N NN N y (O O O 00 M O N na o r O Z 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 3 s3 u c `m - 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E N t'!'N N O- !' N N C a`.. m'~ (n a U (n a U (n a U m m ~+ d b W v N m N . ~ V) 2 Z y2 2 O m ~ W U a> 2 > d W ~ r } LL LL y~ ~ _ O W W W O p Z N ~ N O N O~ ~ O ~ ',A Y d f/1 O d f/1 W W r # f/1 W f/1 Ym W ~~ f/1 NN ~W C U W O a ~ 'O U7 (/~ 2 Q W ~ O .-, K 2 - O'OU j N N~ 7 N N ~~ ~~ N ~ Q d s } ~ } ~ W LL m N ~ N H O = N ~ m r o w E N d O r o w E Y N r ~ b - O O Y K Z OZ U o N o a~O y ~~Q y " o~~Q aai Z o~ 'o ~Q as Wa =o o aUC7 Z °~ o <odK Z °~ ~o <odKOZ ~ ~_~ ~_ C7 ^- ^ WU ^LL ^~ ~ W r N_ ~ c+J ~ r W 2 ul r 2 3 W o Y 2 `0I ~ ~ $ U 2 - K (~ Y .J x x m Robinson; Am dram: R~me11, Kevin Sent: Wedriesd~yr, Mardi fl9, 2fl'I'i 'tfl:48 AM To: Rvtiiri~an, A-i:-y Subje~: RE: Parts Carat #mpv~r~c+~. High Amy, !'ve cam~leted my review of the "Tabulatian a~ Bids" fiar the parts carrtract. t'i! send aver my hightlghted recarnmendatiansthrouh interaffice mail. o Acct~unY Cade 501-~~11~591m52.50 Dcatlaf Afriourit ~1fl3,20~.4~ + 1've i~'t~hiighted my retomrnendatit~ns on yaur spreadsheet in blue, vuTfth the faitawing justificatian~: 1. R1~~A Frean: Crsiti Air ©istributars / Justification: Law bid. 2. 5trabe Licht: Tatai Truck Parts / Justihcatias~: Low bid. 3. Strobe Buib: Na Bids. 4. Mirror iCit; Totai Truck ~'~~ / Justification: Law bid. 5. Beck-ua Atarm: Tatai Truck Parts / Justification: Law bid. 6. Belt. fl3-OS Craven Vic. i~eiray Matars / Justification; Tatai Truck Pa its did not m+~et our specification. 7'. Belt. fl6; 09 Craven. Vt~: Detray Matars j Justi#ic~tiar~: Laver bid. 8. Brake Pads 97 Crown Vic: Piease deiete. 9. F. Bake Pads 98-U2 Crown Vic: Delray Matars / Justification: Others did not meet our specification. 1{3. R. Sake Pads, 97-Ofl Crown Vic: Caid Air bistributars / Justification: Law bid. __, 11. R Brake Ratar 03-10 Crown Vic: Coln Air Distributors J Justification: Law bid, 12. ice. Brake Rotor, fl3-1BCr_Vi~: Cold Air Distributr~rs / Justification: Law bid. 13. R. Srake Rotor 96-fl0 Crown Vic. Caid Air Distr'rbutars /Justification: Law bid. 14.1". Brake Ratar; 9B=Q0 Creswn Uic: Co#+d Air flistributars / Justifi~tir~n: iraw bid. 15. F. Brake Pads,_a3-10 Crown Vic: Catd Air ©istrlbutars / Justificat'san; Law bid. 1S. R. B ~ __-- - rake Pads fl3-10 Craven Vic: Coin Air Distributors / Justificatts~n: Others did not meet our specifieatian. 17. Thermostat: D~i~ay Motors / Just'~"i~tiian: Law bid. 18. Thermostat Gasket: Delray Matars / Justification: Others did not meet our specification. 19. Hasher: Vehicle rrtair~tenance Pra~ratn. Whelen Strobe fiubes: No Bids. 20.11liii~_~?Ila~: Na Bids. ~1. Wheien Strrsbe Tubes. No Bids. 22. Wheien Strobe Tubes: Na Bids, 23. Hata~en Bulbw H-~: Vehicie Maintenance Prararn. /Justification: Low bid. 24. Li~f~ Bulb, 115. Veh€cte Maintenance Program. / Justification: Law bid. 25. Light Bulb, 3~ '~: Vehicie MairrteBance Pragratn. / Justifit~tion: Law bid. 26. Licht Bulb. 1156: Vehicte Maintenance Program. / Justification: Law bid. 2'~. mot Light HaBdi~: Generai Parts inc. / Justification: Laver laid. 28. 3©Amp Circuit Breaker: Generai Parts tnc. / Justification: Law bid. 2B, Ta~ie Svuitch: General Parts inc. / Justification: Law bid. 30. Air Fitter 92-00 Crown Vic: Total Truck Parts J Justification: Law b'rd. 31. Air Filter,. Pierce/Detroit Di~~~l: Cald Air Distributors /Justification: Others did net meet our specification. ~2. Cabin Air Fitter. intern~ton~l: Cold Air Distributers / Justification: Others did not meet our specification. 33. A_ir Fitter, Pierre/Cummins. Catd Air Distributers / Justifi~tian: Others did net meet a€~r speeifi~tir~n. 34. Air finer, intern~'C~n~l: Cold Air Distributers / Justificatian; C+thers did not meet our specification. 35. Fuel filter, Detroit Diesel: Cold Air Distributers /Justification. Others did not meet our specification. 35. Duel fitter, t"e~rd Truek: T~at~i Truk i~rts / Just~i~tian: i»aw did. 37. Fuel Fitter, Detrait Diesel. Catd Air Distributors / Justification: Others did net meet our specification. 38.1=uei filter D+etrai'C flieset. C~id Air flistrtbut~rs /.fustiftt~tiae: Others did not meet ot~r spe~ific~tiz~n. 39. Fuel Fitter International: Tate! Truck Parts / Justificatian; Low bid. ~0. i~uel Filtei^. John Deere: Tats! Truck Parts / Justifi~tion. taw laid. 41. Fuel Filter,_Jr~hr~_fl~ere: Taut Truck Parts / Justification: Low bid. ~2. Fuel filter. Pier~+e/fl~Crl~~_©ie~ei: Coil Air Distributary / Justifi~tian: Others did net meet our spec~catian, ~43.Oil fliter, Chew Truk: Total Truek Parts / Justifi~tien; Others did net meet our specification. 44. Oi! Filter. Taurus: Taut Truek Parts /Justificatian: Others did not meet our spec'rFication. 45.Oil t;ilC~r, Fxtatorer: Total Truek Parts / Just~catian: Others did net meet eur specification. 46. Oil Filter. Ferri: Total Truck Parts /Justificatian: Others did not meet our specification. 47. fli! fitter, Cavalier; Total Truck Parts / Justifi~tien: Others did net meet eur specification. 48.Oit Fitter Crawn Vic: Tetat Truck Parts / Justificatian: Others did net meet our specification. 49. flit Filter, Chevy: Tatai Truck Parts / Justificatian: taw bid. SU. O_tt Fitter. FtSr~: Taut Truck Parts / Justificatian: taw bid. 51.Oil fitter. Chevy Diesel: Total Truck marts /Justification: Others did net meet our specification. 52.Oi! Fitter, Dodge R~rr~. Total Truck Parts /Justification: Others did net meet our specification. 53.Oil Filter internatian~l Truck: Cald Air Distributors /Justification: Low bid. 5~. Oil Filter, Ch_Truck: Total Truck Parts /Justificatian: Others did not meet our specification. 55.Oit Fitter Detrait Dieyet: Ccld Air Distributors / Jastif'i~tiran: Others did net meet our specification. 56. Oil Fitter. Colorado: Total Truck Parts /Justificatian. Low bid. ~7. Air filter. Ford Truck; Total Truck Parts / Justification: tow bid. 58. Duel Filter, Cr~swn Vtc: Cold Air Distributers / Justificatian: Others did not meet our specification. 59. Crankcase ~i#ter, Cur~mi~~: Total Truck marts /Justificatian: taw bid. 5t3. Dessicant Fitter. Bendix: Total Truck Parts /Justificatian: tow bid. b~. Air flr~~r filt~r._Meritori Tatat Truck Parts /Justification; Others did not meet our specification, ~2. Purge Valve~Meritor: Tot~rl Truck Peru /Justification: Low bid. 63. Coalant l=itter, Penny: Total Truck Parts / Justificatian: Others did net meet our specification. 54. Pure Valve,_S~~tdix: Total Truck Parts / Justificatian: Others did net meet our specification. SS. ?urbe valve, M±i~ritor: Total Truck Parts / Justificatian: Lew bid. 66. idler Arm, Crown Vic: Defray Metors J Justification: Law bid. ti7. Coi! Pack Crovtn Vic. Cetd Air Distributors / JustiFicationi Others did net meet our specification. 58.5~ark Plug, Ci°awn Vic: Cold Air Distributers /Justificatian: Law bid. ~9. Seaibeam, H~t~~#i: Vehicle Maintenance Program. / Justificatian: taw bid. 70. ~ealbeam H6q~4: Vehicle Maintenance Program. /Justification. Law bid. '~J.. Seetb~~m,!~~16: Vehicle Maintenance Program. / Justificatian: few bid. 72. Seatbeam 4~t35 Vehicle Maintenance Program. / Juyt~catian: tow bid. ~3. Headii ht ~utb 913Ci7: Vehicle Maintenance Program. /Justification. tow bid. 74. Headlight Bulb,_900fi: Vehicle Maintenance Program. /Justificatian: tow bid. ~~. Fix-A-f=iat: Ceid Air Distributors / Justification: taw bid. 76. Transmission f=liter, Allison: No Award, General Parts inc. did not meet our specification. ~~. Transmission fitter Crawn Vic: Delray i~iotory / Juytii~catien: Others did net meet our specification. 78. Transmission Gasket. Crawn Vii: Delray IViatars / Justification: Others did net meet our specification. '~9. Winer, RflB1fi: Vehicle lWlaintenance Pra~ram. /Justification: Low bid. 80. Winer, RDB20A. Vehicle Maintenance Program. /Others did not meet our specification. 83. Winer, RD818: Vehicle Maintenance Program. / Justification: i~aw bid. 82. Wlger, Anco 31~-_19 Cold Air ©istributors / Justifi~tior~: Low bid. 83. Wi er RDB22A: Vehicle 11~iaint+~nance Pregram. /Justification: Law bid. 84. Wi er Atka 3122: Coid Air Distributors /Justification: Lew bid. $~. ~liaer. Ancrx 9~.-2fl. Call Air Distributors / Juytfficatian: Lari~ bid. 86. _Wiaar, Anco 31-_24: Caid Air Distributors /Justification: Low bid. 8~. Wi air Rfl~~2~4: Vai~icl~ #1llaint~rtanca i~rt~i~ira~11. / flti~~rs dirt riot t~t~~C our specificatian. 88. Anti-Freezer Gaiian. Tetai Truck Parts / Justification. Low bid. 89. Crt~r~. dx~~n~l; Cald Air Distributary / JustiiJ~tion: Low bid. ~. Blue Siiicene Sealer Permatex: Call Air Distributors /Justification: Low bid. 93.13rake Party Cieat~er: Total Truck Parts /Justification: Law bid. 92. Carburetor Ciean+~ri Caid Air Distributers /Justification: Low bid. 93. Transt~tissiryn Fiuid,_il~xra~ 1iii: Tatai Truck Party / Justibcation: Others did not meet our specification. 94. Transmission Fluid Mercers V: Total Truck Parts / Justification: Law bid. 95. Char Silicone Sealer,. Perm~t~x: Coid Air Distributors / Justification. Law biol. 96. Silicone Spray: Total Truck Parts /Justification: Low bid. 97'. Sta~tin fg~„„ it~i: Tatai Truck Parts / Juytii•tcatian: Law bid. 98. Su er Weatherytri Adhesive: Total Truck Parts / Justification: Law bid. ~~. ~S Washer Fluid: Total Truck Farts / Justifir;~ttian: Law bid. 100. Brake fluid: Tats) Truck Parts / Justification: Low bid. ifli. Power Steering i"~uid. Total Truck Parts / Justification: Others did net meet eur ypecificatirin. 102. Penetrating Oil, PB Blaster: Total Truck Parts /Justification: Law bid. 1fl3. White Lithium Sarayr: Total Truck Parts / Justification: Low bid. J,0~. Grease, Vaivr~line: General Parts, inc. / Justification; C±thers did not meet our specification. 3fl5. 1Si~14b Oil, Valvoline: General Party, Inc. /Justification: C)thers did not meet our specification. 106. CRC Lubricant Spray: Total Truck Parts / Justification; Low bid. ifl~'. iwa~tex Work Gloves, iViedi Caid Air flistributr~rs / Justification: Law bid. 108. Latex Work Gloye~,_L~: Ceid Air Distributers / Justification: Law bid. ifl9. i,~att+ex Werk Gres. X_L~: Coid Air Distributary / Justii=icatian: Law bid. 110. Batt~ry_Cleaner: Total Truck Parts /Justification: C+thery did not meet our specification. 113,. Oil Dry. 4fl !b: General Parts, it~c. / Justification: Lr3w bid. 112. Skit~ped en veer sprpad~l~~~t 113. Mend Cleaner. Ga-Jo: Gertr~rai Parts, Inc. j Justification: Low bid. 134. Faint, Gfoys Black: General Parts, Inc. /Justification: Low bid. 3.36. Pait'tt. Gr~y ~~~~i :General Parts, inc. / Justtficatiat~: Law bid. Kevin G. Rume11 1=1ee'# Maintenance 5~perin#enden# rri#y of ffelray ~eaci~ t)ffice X561} 24~-7333 Cali (5fi1) 665-i115 Fax (S61) ~-53~6~6 MEMORANDUM TO: Mayor and City Commissioners FROM: Terrill Pyburn, Assistant City Attorney THROUGH: City Attorney DATE: March 29, 2011 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 HIRING OF OUTSIDE COUNSEL IN THE CASE OF RICHARD WEINSTEIN, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF JASON WEINSTEIN, DECEASED V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Hiring of outside counsel in the case of Richard Weinstein, as Personal Representative of the Estate of Jason Weinstein, Deceased v. the City of Delray Beach. BACKGROUND Our office recommends that we retain Fred Gelston to act as outside trial counsel in the case of Richard Weinstein, as Personal Representative of the Estate of Jason Weinstein, Deceased v. the City of Delray Beach due to the serious nature of the allegations involved as this is a drowning case in which the City is being sued for wrongful death. Fred Gelston's hourly rate is $140.00 per hour. RECOMMENDATION The City Attorney's Office recommends City Commission approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 28, 2011 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 REJECTION OF ALL BIDS/FLEET TIRE BAY ROOF ITEM BEFORE COMMISSION This item is before the Commission to reject all bids for re-roofing of the Fleet Tire Bay Roof and readvertise the project. BACKGROUND In accordance with the Advertisement For Bids for the Fleet Tire Bay Reroofing project (Bid #2011-08) a mandatory pre-bid meeting was convened at 9 AM on Wednesday, February 16, 2011. Of five roofing contractors that attended the prebid meeting, the only bid received was from Tim Graboski Roofing in the amount of $29,010. A review of the statements of no bid from the other attendees indicates that, in at least one case, the contractor advised that there was insufficient time for him to prepare and submit his bid package. The base bid includes removal and disposal of the existing tar and gravel roof system and repairs to the water damaged parapet wall. The new roof system shall be a modified built up roof system with standard product warranties and a five year installation warranty. While there is no critical time element for completion of this project, staff felt that the project was small enough (approximate 1,500 square foot flat roof replacement) to warrant a shorter than normal bid time of two weeks. . In view of the fact that only one bid was received for the project, staff is recommending rejection of bids and readvertising the project for the typica130 day bid period. RECOMMENDATION Staff recommends rejection of the bid received and authorization to readvertise the Fleet Tire Bay Reroofing project. i r...~, I I ~, E ~ ~l ~ t , ~ i' ~~~~ ,i ~.~' i ~' E DEi_RAY t3EACli ' ` " " ` " IfIQ Pd.V~J. ist AVi=NUL-= ~ [~ELRAI' 13EAC1-S. 3~I.Ofilr]A 33~3~14 :;Eit124;i-/i)i)t) .:~ 7 .. ;, Ail-Amt;rlcaCiiy ADVERTISEM~IVT FOR BIDS r" BID No. 2Q11-Q8 t`'`'3 PURCHASING OFI=ICI; .~tat>t 100 NORTHWEST FIRST AVENUE DELRAY BEACH, FLORIDA 33444 (561) 243-7161 17163 FAX: (561) 243-7166 DATE: 1=ridav February 11, 2011 ;Title: Fleet: Tire Bay Reroof BIDS MUST BE RECEIVED ON OR BEFORE Fridav l=ebruary 25, 2011 PRIOR TO2.OOPNf at which time ail bids will be pubs€ciy opened and read. A MANDATORY PRE-BID conference has been scheduled for Wednesday. February 16, 2090 at 9:00 AM, at the Environmental Services bepariment Training Room, located at 434 S. Swinton Avenue, Defray i3each, FL, A Bidders failure to attend the Pre-Sid Conference will disquaflfy that Bidders bid. A Bidders failure to sign in within ten (10} minutos of the 9:00 A.M. conference start time will disqualify the Bidders bid, INVITATIDN TO BID This invitation to t3id, Gonoral Conditions, instructions to Bidders, Special Canditions, Specifications, Addenda andlnr any pertinent document form a part of th€s bId and by reference are made a part thereof. PiIRPDSE: tt is the purpose and intent of this Inv€talion to secure bids for items} andlar services as listed herein for the City of Delray Beach, l=lorida, hereinafter called the CITY. SEALED BIDS: Sealed bids will be received in duplicate {one (7] origlnafi ~ one [7) copy} to the Purchasing Office until the dafe and time as indicated above. Bids will be opened pub€€cly €n City Hali and ali bidders and general public are invited and encouraged to attend. Ali bids shall be submitted in seated envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office 900 Northwest First Avenue, Delray Beach, Florida 33444. Outside of envelope shah plainly identify bid by: BID NLiMBER, TITLE, AND DATE OF BID OPENING. It is the sale responsibility of the bidder io ensure that his or her bid reaches the Purchasing Offlce on or before the closing date and hour as shown above. RETURN TWD (2} COPII=S OF ALL B1D SFiPSTS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason far termination of contract. CITY'S ACCEPTANCE: Unless otherwise specified herein, the bidder will allow a minimum of sixty (BO} days from the last date for receiving of bids for acceptance of its bid by the City Manager andlor City Commission. AWARD: The City reserves the right to waive minor variations to specificat€ons, informalities, irregufarifies and technicalities in any bids, to reject any and all b€ds in whole or in part with or without cause andlor to accept bids that in its judgment will bo for the best interest of the City, as further stated in Paragraph 96 of General Canditions. *`The City of Delray Beach, Florida reserves the right to accept and /or reject any and all proposals, to waive informali#ies, fa re-advertise and #o award the Contract in its best interest. ~,. ~~FAh~fNORK ._~F=RVTI:t° " ~ F=f2FCdR1~lAi~CP >11~-C(oi23-fY 1'=gF~~€'(7~Sl:t3i_i= ' ,~I~1~30Vh-€~T.VF ° r' ~. iE you are rioi i~icldiny are th{s servac~lcornmadity, pl~~se campfc and return this t~+tm to: City of iletra}~ Beech . ptt~hssir-g i:]epartrnent, tQ0 NW ist+;;~enura, t?e#ray i3each, i'ior~d~r 83A~i~. Pa€lure to rsappnd rrxay rasa{k in delettan of vendor's name fr+~m Eh9 gt€aiffret€ taldder's ii~st fnr ~ Cliy of Gafray 6eaa~. _ v~rrl~olr :v~,~: Sk uC~~ ~~ Q~~ _ AlaDix.ESS: 2. ..r'GJ ~ ~` v e.- ,"~f u , ~"L. ~3 r ~-.- - f7A'~'E: ~ ~ ~. ~ l~iiaiority Qw~icd Btrsixte~5s: C )Mack ~ }f~spania {,fj Waxn~a7 (/j E3t~er 'We, kite ix~derxi~ned ltawe rleciiaed Eu laid on Aid ;~o. ~.~ f ~ ~ dude is the fpllowin~ rrosare(s): - . __ _ _ _ 5pe~zixcal7ions tna "ti>~t", i.a., gea:ecl tawswarcl tsrartd or manrrfacxttnrex° only (ex~pi iaetow) , - lnsu,t~iciazzt time to xcslsored tta t~ isavitatian to Bid !fie da riot apex this product or an equivaieni , _ ___~I"r C1ur ptoduc~ sclaerfule would r~ui pert ors tt5 perfartn - Unelsli~~u ssxcet sgacifcattvrxs ~ ; Urt~ate to meet board regtdr~ ________, _____Sgecifi~catioxas ~uac,3ear (plAi~ belcaw} - ~. __ iy!'r Ocher (specify 6eio'uv} - .[x~m:i•tks/E)ttaer. "~` ~~nn a -n.{" c"~.;Z1'~E',ry~ ~+" ° e~-~" ,S"'cJv+~- ,/ ~ - !'Yr /^ ~}W' ,~/'~. ~i rs.^ J/~ ci rr-' C ~"J'7 v~+ac.,/f ,~,~"'+ r . s ~ '"'T_+~f ~+l ~ti' u:n. ~+,.~. ~+~n4>~ ~ S+`C ~r*'1 Dh j L-'~'Al~~.. k! rc~V ,,v ~ - DATE: ~ ~ / - r r ~FA!~~MM1~M~'~'' ~~` Mks ~Kp ff yauls~ trot bk4ding an thls saMcelcommod~y, piaasa cocnpla~ and rotUrn Ihi~ Ibrm to: Cfty of iDt3lray Beaoh PumhjesFn® Departrn9r~t, 100 A1VV ~Ist.Av9nuo, C?errsy ~iolr, FMrFds 33444, PaHar{o to roapond may rc~utt ht dQFatlah of irendo~6 name fracn flte qua~FlffaA hFdd~'a ~IFaf for the ¢~' o'f i IDelni~ teach. ! N TF,ZEPH47~IB:~r~ Y DA~fB.^~/~ Mhto~ky Oavned B~rsut~ ( } J3taok () Hiapea~la (~ Woman () Ottrar ~6'0~ t~,a undersigned lisve dccl4ne~$ fo t-id on,Bld,~to. due to t#~e fotlorovtng reaaon(e): S€YcatiYons too "dgizt", ~.o., goartrd to~cvarrf lvrast8 -~or meanffpcbtucr az~Y (ex~l~ belo'w') ~ rnsr~'~ xrnlenS tipwo to respond to tho T~xva1tation xo Bid. . i We do snot Qtr this product often eyltiv9tgnt Our pzvc9uct a~chedute would snot potmit try to peatozul U~bte to txioCt xpcafxeatianA ' Uuablo !o meat baud z,~rctnorrts 9pezj~.c~6lons unclear (pxpIairi botow) i Other (spotrify b®tow) ~ ., Reaa~iclaa/OStier: iSJCtxNI~.'fi[T~tJE~ AA.TL~ i ~ ~~~ 4C~4Y 0~' ~I~LRq'~' ~w~~~w~ aF ~a ~~~ If you are npt bidding v~ fMis servicelcommadity, please camptete and return this form to: Cify of Refray Beach Patchasfttg Dapartrrtenk 700 -+IUV 1st Avenue, t7efray i3n+~at~, F1oriCa 3a44a, FaQ1~Pa 1o t~sp4nd may resl,it In deletion o[ vendor's Warne fpm the 4 affil¢d bkfder's ttai (or the City of betray Beach. /'~ VL'N17~R ~ (~ ~ N ~ u ?• lam''' ~c~ Minority Owned Business; ( ) Blaek { ) (-fi„~nic ( )Woman ()Other WeT tic v>adexsip~ted have deeiiaed to lbfd pn Bid hto. dac [n ~e follaivin~ reason(~r): Speeificationq toa "tight", i.a., gyred toF~~rd br~nci or msnufacttucr only {explain bciow) ., Jnsun'icient tinnc to msponcl to the Invitation to Bid ,,,,,_,___,,,_~Vlte do not offer this product ar att egravalent ~Otrr p[oduci sEh~edule -vould trot permit tt5 to per~arm _ Unable to mcCt specifications ,~,~Uoabtc fry mE.~et bond ~quieementS _„ SpeCi~cationsUnclcar(explainbcinw} _. Other {specilFy below) 12~mn~ria/O1hcr _ •r-r'te' •-r---~ ~i7 ~-i~ ~ ut_ ~ti~• Lit. t~ !"..s _ n _~: z' 1 S AA.7f ~;: . , ~ ~~ a.,tc o,~/ Diaz, Jabiel From: Ron Bell [ron@goodroofer.com] Sent: Monday, March 28, 2011 11:30 AM To: Diaz, Jabiel; Diaz, Jabiel Subject: COD Tire Bay Re-roof Attachments: Statement of No Bid.pdf; ATT00001.htm Bob, I would like to continue to bid the roofing work for the City of Delray Beach. Sometime, the job is just not worth the trouble when every little detail is micro-managed by detailed work specifications and contract requirements. Ron Bell CEO/President Ron Bell, Inc. Roofing Contractor 1515 N. Congress Ave. Delray Beach, Florida. 33445 office: 561-737-7507 email: ron(cueoodroofer.com ~ rNl1 ~„ ar .. 11 ,. .k. _,._ fir,. emu. - ~ ~ ~ ~ 1 ~ ~1 ~ ~ ~ ~'..yi 1 . -g -~ j~^ i ~~ ~ ~ " ~1. F' r~ .~ .~. i r :, i ,~ _ 'hb. ~ . ~ ~ ~ 'A.h~.. ~'1 ~ _~ ~ Lu ~l~_ i,j ~, R~ .i~r i'.,a-' {"'` ^N~ il;j.Y~ {~r~ '~: +~ 1~~R,~11 ! ,, `. ~,f` rf~~ . _ ~'"" ~' ~ , f _.. ' f.'? ;.,, , ~~~'yrar ,M, •t "~M't' NFU' y j ~.~ ` ~ ~~~ 3~ ~, .,, c a ;, ~ t. - 1r ... ~ _ ~.~_ .. ~ ~ T ,.a ,cam , .r,.„~w,~ r;>.~w `. ~ :1.,~ %F'. .. J. ~ 1 I ~ * + .:r ,~~ ~. ~. ,r __. ~~ r j~ .~ :7 i , y-. p~ ,. III, ~ kw. - '~,~a1~~ ~ .4~ ~,,. -i , ~... s ,r-!;"S bi_~ ~~a ~: ~ k3-,~ f f, L.~w- ~.wy wa 1 ~ ~~ yy . __ ~.~..,_, ~~ -.._... m ,. y _~ ~ _ ru uw. ~,.. _ . d ,. ~; ~, ..E_,. .... ,.,..m. .~ i , Location Map: Address: 434 South Swinton Avenue Delray Beach, Florida 33444 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 1, 2011 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENT OF COMMUNITY REDEVELOPMENT AGENCY VICE CHAIR ITEM BEFORE COMMISSION This item is before the Commission for appointment of a Vice Chair for the Community Redevelopment Agency. Please see attachments from Ms. Diane Colonna, Community Redevelopment Agency Executive Director. ~i ~tR~tY B~tC~ CO~P~UN[1`Y REnEYELOP~SENT AGENCY To: David Harden, City Manager ~;, From: .Diane Coionna, CRA Executive Director ,. Date: April 1, ~£l17 RE. Appointment of CRA. Mice-Chair Florida Statutes Chapter 163.3~64c) states that the governing body of a municipality has the responsibility fc~r appointing the Chair and Vice Chair of the CRA Board, The GRA Board appoints. its oven First Vice Chair and Treasurer. With Tarn Carney's resignation from the board, the office of Vice Chair is vacant. Howard Lewis is the current Chair, Peter Arks is the First Vice Chair, and Bi€€ Branning is Treasurer. Please place the appointment of a new Vice Chair on the next available .City Commissir~n meeting agenda. Attached is a lift of current members, their terms and attendance records. Thank you for your consideration of this matter. pelray Beach Communii#y Redevelopment Agency Board of Commissiioners Howard Lewis, Chairman (4/03 -- 7(46) (7/06 - 7114} {7/10 - 71'14) BP Station 725 West Atlantic Avenue Delray Beach, FL 33444 Office - 561-276-5183 Home - 561-498-3651 Cell -- 581-271-1975 (No 1=ax) hblfewis C~ bellsouth. net William (Bill} Branning, Treasurer (7108 - 7112) BSA Contractors 9 NB 2°d Avenue Delray Beach, FL 33444 Office - 561-272-6350 Cell - 581-350-7562 Fax - 561-272-7440 Email - bbranning~bsacontractars.com Peter B. Arts, First Vice Chairman (7/05 - 7149) (7149 - 7113} 1746 Fern Forest Place Delray Beach, FL 33445 Office - 561-395-1433 ext. 2221 Fax - 561-395- 4755 peter@ plastridge.cvm Herman Stevens, Esq, (7/os - 7/13) Herman Stevens, Esquire 75 SW 5t~' Avenue Delray Beach, FL 33444 Office - 561-278-1988 Home - 561-272-7477 Cel I - 561-859-7477 Fax -581-921-0887 Email - hermanstevensjr@aol.cam Cathy Balestriere (10/09 - 7113) Crane's Beach House 82 Gleason Street Delray Beach, FL 33483 Office -- 561-278-1740 cell -- 561-306-637a Email -Cathy@cranesbeachhouse.cam Veronica {Vickie) Covington (2107 -- 7109) (7149 - 7113) 20 North Swinton Ave. Delray Beach, FL 33444 Mobile - 561-743-7175 (Ms. Govingtan requests that addn'l. contact information be restricted, due to Her association with law enforcement) legal David Tolces, Esq. Goren, Cherat, Doody & Ezrol 3099 E. Commercial Boulevard Suite 200 Fort Lauderdale, FL 33308 Office 5fi1- 27fi-9400 Fax; 954 - 771-4923 dtolces C~ cityatty.cam l/I 1 ./ .l U ~ _ rr L~ N ~ z ~' o a V ~{ H ~ ~ u 'f3 N-. .~ E 0 U a m° v V - .~ .~ - - W A ~ O z a " o ~ N w N ~ ~ z N ti N .-r ~+ ( ~ N C ~ ~f' .-s ~~ ~ ~ ~ z z ~ °~ z ~ z z ~ ~ N~ ~ ~ ~ z ~ ~ o ~ O '"' ~ ~ O ~ p .Nr ~ ~ ~ rn M O ~ T Cs O v ~ ~ ~ Q O O ~ ~ O ~ O C O G O O 4 O ~` p O 4 O C ~ o O O Q W ¢ W Q~ . Q~ ~' ~ °, i ~ m n. ~ ~ t Q ~ a ~ ~ ~ ~ ~ ~ • ~~„ .~ at ~ ~ W ~ az J~ ~ ~ s. ~ s ~ U ~ d +~' O '~ ~ ,~ '' ~ ~ ~ c~ pq ..~ ~ . z ~~ H~ ww ~H ~ ~~ x~ MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 9.M. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Community Redevelopment Agency. BACKGROUND There is a vacancy on the Community Redevelopment Agency due to Mr. Thomas Carney being elected as a City Commissioner. The term is unexpired ending July 1, 2011. Per Florida Statute, any person may be appointed to the Community Redevelopment Agency if he or she resides in or is engaged in business (which means owning a business, practicing a profession or performing a service for compensation, or serving as an officer or director of a corporation or other business entity) within the area of the agency which is coterminous with the municipality and is otherwise eligible for such appointment. The City Attorney has determined that anyone who resides within the City limits is eligible for appointment. A person cannot hold any other public office other than his/her commissionership or office with respect to the Community Redevelopment Agency. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending July 1, 2011. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Community Redevelopment Agency for an unexpired term ending July 1, 2011. COMMUNITY REDEVELOPMENT AGENCY 4 YEAR TERM 20 N. Swinton Avenue Delray Peacl-y FL 33444 03/11 TERM REGULAR MEMBERS OCCUPATION EXPIRES 07/01/2013 Peter Arts,1~ Vice Q~air Life Insurance a~ 07/05/05 Agent Reappt06/16/09 07/01/2011 Unexp Appt Vacant 07/01 /2013 Veronica Covington UnexpAppt 02/20/07 ~~{-~~ Reappt 06/16/09 Surve111anCe 07/01 /2014 Howard Lewis, Qzair Pusiness Owner Unexp Appt04/15/03 Reappt06/20/06 Rea 07/06/10 07/01 /2012 William Pranning, Treasurer unexp a~ o5/oz/o6 Contractor Reappt07/01/08 07/01/2013 CathySalestriere Unexp Appt 10/06/09 General TVlanageT 07/01/2013 Herniae Stevens Attorney a~ 06/16/09 Contact person: Diane Colonna 276-8640 S/CityQerk/Board 11/C12A Commissioner Liaison: Commissioner Fetzer COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A Jose Aguila Architect David Seale Attorney (currently serving on the Downtown Development Authority) Ryan Boylston Consulting/President Brian Cheslack Attorney Reginald Cox Architect (currently serving on the West Atlantic Redevelopment Coalition) Mark Denkler Business Owner/President Deborah Dowd Educator-E sol Coordinator Clifford Durden Educator Joe Farkas Panldng/Pranch Manager Joseph Ferrer President-Entertainment Gerald Franciosa Retired Accountant/LawEnforcerr~ent (currently serving on the Code Enforcerent Board) Ronald Gilinsky Sales/Marketing Pruce Gimmy Self-employed (currently serving on the Parking l~ilanagernent Advisory Board) Annette Gray Real E state Broker (currently serving on the Public Art Advisory Board) Mercator Guerrier President-CEO Vicki Hill Assistant Director of Finance Jan Kucera-Winney Real Estate/Event Consultant/Airlines Iris McDonald Self Employed/Realtor Jennifer Morris Planner Albert Richwagen Business Owner (currently serving on the Code Enforcement Board) Perry Rohan Real E state (currently serving on the Affordable Housing Advisory Committee) COMMUNITY REDEVELOPMENT AGENCY EXHIBIT A G ary Rosen Marketing/President Jerome Sanzone Pudding Official Sam Shannon Director of Community Development Thuy Shutt Assistant Director of Community Development Samuel Spear Self Employed/Computer Consultant Troy Wheat Financial Advisor MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 9.N. -REGULAR COMMISSION MEETING OF APRIL 5, 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 There is a vacancy on the Code Enforcement Board for an alternate member due to Mr. David Boone being appointed for regular membership at the City Commission meeting on March 1, 2011. The term is unexpired ending January 14, 2013. 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 does not include an engineer or subcontractor. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) alternate member to serve an unexpired term ending January 14, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2013. 03/11 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 David Boone Attorney/Educator Layperson Unexp Appt 03/01/11 ALTERNATES 01/14/2013 Unexp Appt Vacant 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 Pehar Self Employed -Investor Jason Dollard Attorney- President/CEO (currently serving on the Police Advisory Poard) Gail Johnson Code Enforcement Officer Peril Kruger Self-Employed- Consultant Stanley Scharf Administration/Supervisor Stephanie Sugar Regional Director MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 9.0. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Green Implementation Advancement Board. BACKGROUND Mr. Edward Bispham and Mr. Yalmaz Siddiqui, regular members on the Green Implementation Advancement Board, resigned effective immediately. This creates vacancies for two (2) regular members to serve unexpired terms ending July 31, 2011. Please note that Ms. Stephanie (Chloe) Bedenbaugh is an alternate member and would like to be considered for regular membership. The Delray Beach City Commission established the Green Task Force for the purpose of making recommendations to the City Commission regarding ways to improve the environmental sustainability of City programs, services, equipment and facilities; strategies for improving the environmental sustainability of the community; incentives for residents, businesses, and organizations to practice environmental conservation including recycling; proposed means to enhance water and energy conservation; ideas for promotion of tree planting and xeriscaping; best practices to be considered for implementation in Delray Beach, including long-term strategies; and proposed revisions to City ordinances to address Green technologies. The Commission later changed the board's name to the Green Implementation Advacement Board. The Board shall consist of seven (7) regular members and two (2) alternate members. All members shall have expertise or an interest in environmental conservation and sustainability and shall be residents of or own property in the City, own a business within the City, or be an officer, director or manager of a business located within the City. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) for two (2) regular members to serve unexpired terms ending July 31, 2011. RECOMMENDATION Recommend appointment of two (2) regular members to serve on the Green Implementation Advancement Board for unexpired terms ending July 31, 2011. 02/11 GREEN IMPLEMENTATION ADVANCEMENT BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2012 Ana DeMelo Project Manager/Civil a~ 08/04/09 Reappt07/20/10 Engineering 07/31 /2011 David Hawke, Vice Q~air Architect Amt 08/04/09 07/31/2012 Rita Johnson Pusiness Owner-CEO Amt 08/04/09 Reappt07/20/10 07/31 /2012 Jayne King Master a~ 08/04/09 G ardener/E ducator Reappt07/20/10 07/31/2011 Unexp Appt Vacant 07/31 /2012 Laura Reines Director/Special Events a~ 0~/20/1o Coordinator 07/31/2011 Unexp Appt Vacant ALTERNATE MEMBERS 07/31/2011 Stephanie "Chloe" Sedenbaugh Human Resources Unexp 03/02/10 07/31 /2011 Matthew O'Connell Pusiness Owner Amt 08/04/09 S/City Clerk/Board 11/Green Task Force CITY REPRESENTATIVE: Randal Krejcarek 243-7322 Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Stephanie (Chloe) Bedenbaugh Wyana Qaxton Jeffrey Conley Lillian Stajnbaher Httn~1 Resotnces Current Alternate Self-emplo~d/Therapist Architecture/Engineering Principal Ecologic Advisor-Managing Principal MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 9.P. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENT TO THE CIVIL SERVICE BOARD ITEM BEFORE COMMISSION This item is before the City Commissioners for an appointment to the Civil Service Board. BACKGROUND The term for regular member Mr. Eric Luckman will expire on April 1, 201 L Mr. Luckman will have served two (2) full terms and is not eligible for reappointment. This will create a vacancy for one (1) regular member to serve one (1) full term ending April 1, 2013. According to the Civil Service Act, there are to be five (5) regular members on the Civil Service Board; three (3) of which are to be of different vocations or vocational backgrounds, not employed by the City in any capacity, official or otherwise and appointed by the City Commission. Eligible City employees elect two (2) regular members. In addition, there are two (2) alternate members. The appointee need not be a resident, property owner or business owner within the City. The following individual has submitted an application and would like to be considered for appointment: Name Background Larry Zalkin Financial Advisor A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending April 1, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Civil Service Board for a two (2) year term ending April 1, 2013. CIVIL SERVICE BOARD 07/10 TERM EXPIRES REGULAR MEMBERS CURRENT OCCUPATION 07/01 /2012 Carol Anderson amt o7/06/1o Educator 07/01/2012 SidneyGrossmary Chief Examiner amt 06/17/08 Retired Civil Service Reappt 07/06/10 E mployeeS Association/Law Enforcement 04/01/2011 Eric Luckmary Vice Q-iairperson Attorney Unexp Appt 10/25/05 alt Reappt 07/11/06 alt Amt 03/20/07 reg Reappt04/07/09 04/29/2011 Jennifer Reynolds, Q~airperson Elected o4/~7/05 Network Engineer Re-elected 04/26/06 Re-elected 04/26/07 Re-elected 04/30/08 Re-elected 04/30/09 Re-elected 04/29/10 Elected Employee 04/29/11 Kimberly Wynn Executive Assistant/ Elected o4/~9/1o Agenda Coordinator Elected Employee ALTERNATES 07/01 /2012 Carol Clark Retired/Accounting amt 07/06/10 Clerk 04/29/2011 Michael Vinci Elected 04/30/09 reg Re-elected 04/29/10 alt Assistant Planner Elected Employee Contact: Venice Cobb 243-7056 S/CityQerk/Board 11/Civil Senrice MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 9.Q. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENTS TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Financial Review Board. BACKGROUND Ms. Yvonne Walker and Mr. Peter Arts, regular members of the Financial Review Board, resigned effective immediately. This creates vacancies for two (2) regular members to serve unexpired terms ending July 31, 2011. Secondly, there is a vacancy due to Mr. Martin Cherry being appointed for regular membership at the City Commission meeting of March 15, 2011. Appointments are needed for two (2) regular members and one (1) alternate member to serve unexpired terms ending July 31, 2011. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55-09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58-09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. OS-ll provided for further amendments 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. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner/manager/officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointments will be made by Commissioner Gray (Seat #4) and Commissioner Fetzer (Seat #2) for two (2) regular members to serve unexpired terms ending July 31, 2011. Commissioner Frankel (Seat #3) will make an appointment for one (1) alternate member to serve an unexpired term ending July 31, 2011. RECOMMENDATION Recommend appointments of two (2) regular members to serve on the Financial Review Board for unexpired terms ending July 31, 2011, and one (1) alternate member to serve an unexpired term ending July 31, 2011. FINANCIAL REVIEW BOARD 3/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Martin Cherry Execukive Vice Unexp Appt alt 1/18/2011 PreSldent Unexp Appt reg 03/15/11 07/31/12 HowardEllingsw~rkh,Q-iair AccoLmting Amt 10/20/09 PaT'~neT/CPA Reappt07/06/10 07/31/11 Unexp Appt Vacant 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /11 Qzristina Morrison Pearce Realtor Amt 11/03/09 07/31/11 Unexp Appt Vacant 07/31/12 Luise Piane Execukive a~ o~/zo/1o Managerrient ALTERNATES 07/31/11 Unexp Appt Vacant 07/31 /11 Cheryl Shaffner AccoLmting Unexp Appt 08/03/10 Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard FINANCIAL REVIEW BOARD EXHIBIT A Annlicants with experience in the professions required: Applicant Occupation Anthony Cottone Business Owner/Presiclent/Finance John Hallahan Assistant Director of Operations/MBA Jeff Ritter Consulting/MBA (currently serving on the Police Advisory Board) Alexander Simon Retired/MBA Finance Warren Trilling Certified Public Accountant AndrewYoungross Engineer/Business Owner Cobb, Venice From: Walker, Yvonne Sent: Thursday, February 03, 2D11 3:57 PM To: Cobb, Venice Subject; Resignation from Financial Review Board Please accept this email as my req~.est to resign from the Financial Review Boazd, effective immediately. I am most thankful foz having had the opportuni#y #o serve as a boazd member. ~ra~ee cT.~ ~/ia~; CLctawr.~unt a~ 1~ePxcu~ J3eacff. ~ireance `.l)eparrEneertt (S61) 243-7118 2U MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 9.R. -REGULAR COMMISSION MEETING OF APRIL 5, 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. Mel Pollack, Citizen-at-Large Representative on the Parking Management Advisory Board, verbally resigned effective March 18, 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 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 Frankel (Seat #3) 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 an 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: March 29, 2011 SUBJECT: AGENDA ITEM 9.5. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 APPOINTMENT TO THE POLICE & FIREFIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police & Firefighters Retirement System Board of Trustees. BACKGROUND The term for Mr. Mel Sacharow, regular member on the Police & Firefighters Retirement System Board of Trustees, will expire on April 22, 201 L Mr. Sacharow will have served two (2) full terms and is not eligible for reappointment. In accordance with Section 33.65 (A)(2) of the City Code, the City Commission appoints two (2) public members of the Board of Trustees. All members must be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. All appointees must take an oath of office. The following individuals have submitted applications and would like to be considered for appointment: David Haycock (currently serving on the Public Employees Relations Commission) Glenn Goss A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Mayor McDuffie (Seat #5) for one (1) regular member to serve a two (2) year term ending Apri122, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police & Firefighters Retirement System Board of Trustees for a two (2) year term ending Apri122, 2013. POLICE & FIRE FIGHTERS RETIREMENT SYSTEM BOARD OF TRUSTEES 03/11 TERM EXPIRES REGULAR MEMBERS APPT BY Indefinite Greg Giaccone Fire Chief amt 06/01/06 Fire Department Indefinite Anthony Strianese Sitting Member Police D~zt as Police Chief 04/22/2011 Melvin Sacharow, Secretary City 05/17/05 Commissioners Reappt05/01/07 Reappt05/05/09 2 terlll ( yr' ) 04/22/2013 Sergeant PradyMyers, Vice Q-iair Police Dept amt o4/zz/o5 Police Department Reappt04/07 Reappt04/09 Rea 03/11 06/30/2012 Adam Frankel City unexp 05/05/09 Commissioners Reappt05/25/10 04/22/2012 John Palemlo Police Dept amt o4/1o Police Department 04/22/2011 Lt. Joe Ligouri, Qzair Fire Dept amt o4/99 Fire Departinent Reappt04/01 Reappt04/03 Reappt04/05 Reappt04/07 Rea 04/09 04/22/2012 Justin Caruso Fire Dept amt o4/1o Fire Departinent Doug Smith (sitting member) Mayor Contact: Anne Woods 276-0512 (telephone/fax) 243-4707 delrayp-f@comcast.net Commission Liaison: Commissioner Frankel Asst. City Manager Douglas Smith S/CityQerk/Board 11/Police & Fire Pension Board of Trustees MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE N0.06-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second readingto consider a privately initiated Future Land Use Map amendment from (Medium Density Residential 5-12du/ac) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) fora 0.287 acre parcel located immediately east of the existing Presidential Auto Leasing and Sales, located at the southeast corner of South Federal Highway and Avenue "L". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 06-ll. The Planning and Zoning Board staff report is attached, along with the memo to the Commission from the March 15, 2011 meeting. RECOMMENDATION Recommend Commission discretion regarding Ordinance No. 06-ll on second and final reading. ORDINANCE NO. 06-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC); TO GC (GENERAL COMMERCIAL); ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; AND REZONING AND PLACING LAND PRESENTLY ZONED RM (MEDIUM DENSITY RESIDENTIAL) TO AC (AUTOMOTIVE COMMERCIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED ON THE SOUTH SIDE OF AVENUE "L", APPROXIMATELY 357 FEET EAST OF SOUTH FEDERAL HIGHWAY (U.S. HIGHWAY NO. 1) 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, J. Gusto Enterprises, Inc., is the fee simple owner of a 0.22 acre of land located on the south side of Avenue "L", 357 feet east of South Federal Highway (U.S. Highway No.l); and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of MD (Medium Density Residential 5-12 du/ac); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from MD (Medium Density Residential 5-12 du/ac) to GC (General Commercial); and 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 RM (Medium Density Residential) District; and WHEREAS, the owner of property requested to change the zoning classification from RM (Medium Density Residential) to AC (Automotive Commercial); and WHEREAS, at its meeting of February 28, 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 3 to 1 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, it is appropriate to change the Future Land Use Map to reflect the revised Future Land Use Map designation; 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 Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. 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 AC (Automotive Commercial) District for the following described property: Lots 55 through 58, inclusive, Block 32, Del-Raton Park, according to the Plat thereof recorded in Plat Book 14, Pages 9 and 10, inclusive, of the Public Records of Palm Beach County, Florida. Section 5. 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 4 hereof. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. 2 ORD NO. 06-11 Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 8. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2555 Shumard Oaks Boulevard, Tallahassee, Florida 32399-2100. 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 3 ORD NO. 06-ll Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Scott Pape, Senior Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 06-ll ITEM BEFORE COMMISSION Page 1 of 2 Consideration of a privately initiated Future Land Use Map (FLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L," 357 feet east of Federal Highway. BACKGROUND The property subject to the proposed FLUM amendment and rezoning is Lots 55 through 58, of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant proposes to utilize it as a parking area for the adjacent Presidential Auto Leasing and Sales Company. At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application to change the designation of the subject property from RM to CF (Community Facilities) and establish a 23-space parking lot for the adjacent automotive use. The denial centered on concerns over compatibility of the proposal with adjacent residential uses. Staff is recommending denial of the requests as the proposed changes would allow further encroachment of the commercial use into the adjacent residential neighborhoods to the south and east and is incompatible with these uses. Therefore, the proposed FLUM amendment and related zoning changes are recommended for denial based on the findings outlined in the attached report. Based on the analysis, the proposed FLUM designation change to GC fails to meet any of the valid reasons which would support such a change. Further, the applicant has not demonstrated a need for the FLUM change as required with the City's Comprehensive Plan and the existing MD FLUM designation is more appropriate as it will maintain a stock of land for multiple family developments within an established residential neighborhood to accommodate future population growth within the City. The proposed rezoning does not fully comply with any of the Standards for Rezoning Action or Rezoning Findings. Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of http://itwebapp/AgendaIntranetBluesheet. aspx?ItemID=4301 &MeetingID=288 3/16/2011 Coversheet Page 2 of 2 the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). A detailed analysis of the proposal can be found in the attached Planning & Zoning Board Staff Report. Staff has analyzed the request and feels the request should not be granted. REVIEW BY OTHERS At its meeting of February 28, 2011, the Planning and Zoning Board considered the FLUM and rezoning requests and recommended approval to the City Commission by a vote of 3 to 1 (Miller opposing). One person from the public expressed a concern over the traffic congestion on Avenue "L." The City has also received a letter from the Tropic Isle Civic Association in support of the proposed changes which is attached to the Planning and Zoning Board staff report. RECOMMENDATION Deny the privately initiated request for a small scale FLUM Amendment from MD (Medium Density 5- 12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet. aspx?ItemID=4301 &MeetingID=288 3/16/2011 ITEM BEFORE THE BOARD The action before the Board is that of making a recommendation to the City Commission on a privately initiated Future Land Use Map (PLUM) Amendment from MD (Medium Density 5-12 du/acre) to GC (General Commercial) and rezoning from RM (Medium Density Residential) to AC (Automotive Commercial) for property located on the south side of Avenue "L," 357 feet east of Federal Highway. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to PLUM and Rezoning Amendments for any property within the City. BACKGROUND The property subject to the proposed PLUM amendment and rezoning are Lots 55 through 58, of the Del Raton Park subdivision and consists of 0.22 acres. This property is currently vacant and the applicant proposes to utilize it as a parking area for the adjacent Presidential Auto Leasing and Sales Company. At its meeting of June 23, 1992, the City Commission denied a privately initiated rezoning application to change the designation of the subject property from RM to CF (Community Facilities). A conditional use application was submitted concurrently with the rezoning application to establish a 23-space parking lot for the adjacent automotive use. Action was not taken by the City Commission on the conditional use application due to the denial of the rezoning application. The denial centered around concerns over the compatibility of the proposal with adjacent residential uses. FUTURE LAND USE MAP AMENDMENT ANALYSIS Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: ^ The amendment does not exceed 10 acres of land; ^ The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; ^ The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; ^ That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre or the proposed future land use category allows a maximum residential density of the same or less than the maximum residential density allowable under the existing future land use category; P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 2 The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for asite-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 0.22 acres. The property is not located within a designated redevelopment area or traffic concurrency exception area. It is noted that a small scale Future Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been adopted this year. Therefore, the proposed 0.22 acre FLUM amendment does not exceed the 60 acre annual limit. The MD and GC FLUM designations both allow a residential density for the subject property of up to 12 dwelling units per acre, therefore, this change does not result in a greater density. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. The proposed parking area would be part of the automobile sales, leasing, and rentals, which is a principal use in the AC zoning district per LDR Section 4.4.10(B). The AC zoning district is considered compatible with the proposed GC land use designation. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: ^ Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The applicant has provided a justification statement that addresses the demonstrated need for the proposed FLUM designation change. The applicant states that Presidential Auto Leasing and Sales "needs" the property and that there is no current "need" for available stock of vacant residential land due to the economy and housing trends. The applicant claims that the neighborhood opposition to the proposed Wal-Mart in the area demonstrates P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 3 a support from the residential neighborhood for auto related uses. In fact, the overwhelming sentiment of those opposed to the Wal-Mart were the compatibility concerns with the commercial uses to their residential neighborhood. However, this proposal creates the same compatibility concerns and represents further encroachment of the auto related use into the residential neighborhood. The applicant provides no data or detailed analysis to justify this loss of housing stock in the area. Further, there are no goals, objectives, or policies in the Comprehensive Plan that support this proposed change. The sections of the Comprehensive Plan that the applicant identifies in his justification statement (Introduction and Summary of Major Features) are located in the introductory section of the Comprehensive Plan and are not intended to provide a basis for support or opposition to the subject applications. Maintaining the existing residential designation (and ultimate residential use) would be compatible to the existing residential neighborhood to the south and east in contrast to the encroachment of auto related uses which would be incompatible with these uses. The Comprehensive Plan indicates that the population growth in the City is expected to continue. The current population projections have the City growing to 78,143 by 2025, which is a 21.6% increase. Thus, elimination of vacant residential land does not support future trends and adequate justification for the proposed FLUM change has not been provided. ^ Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change to AC is not supported by any of the goals, objectives, and policies of the Comprehensive Plan. The applicant has indicate that the changes are necessary due to their business needs to use the property for additional parking and to eliminate strip commercial development. Policv A-1.2 Zoning changes which would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exist along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. Strip commercial development, in this context, is characterized by several of the following design features: buildings are arranged in a linear (or strip) format on a narrow depth lot; parking is generally street frontage or on-street; uses are one store deep; no design integration among individual uses; typically no pedestrian access between adjacent developments; very little or no uniformity of signage on an individual development. The auto related use is a single tenant business with a depth that is consistent with the majority of the commercial uses along the east side of South Federal Highway. It is not considered strip commercial, therefore, the expansion is not supported by this policy. Policv C-1.12 The following pertains to the South Federal Highway area, south of Linton Boulevard. In FY 2008/09, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. The creation of the redevelopment plan is currently under way and has not been considered or approved by the City Commission. It is anticipated that this document will be finalized before the end of the year. The initial public hearing on this redevelopment plan will be conducted on P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 4 March 3, 2011 and March 7, 2011 and initial direction will be available before consideration of this request by City Commission. ^ concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The concurrency analysis compares the development potential of the property based on the current FLUM designation (RM) and the proposed FLUM designation (GC). Per the Future Land Use Element, a maximum Floor Area Ratio (FAR) of 3.0 is allowed in the GC FLUM designation. EXISTING PROPOSED FLUM Maximum Development Potential FLUM Maximum Retail Development (acres) (acres) Potential (12 d~ac) 0.22 acres x 12 = 2 dwelling units (0.22 acres) 28, 941 square feet Traffic: The applicant has submitted a comparative traffic analysis associated with the maximum development potential of a commercial development compare to the residential potential for the property. This study indicates that the property with a residential designation will generate 14 average daily trips. The maximum commercial development potential of the property (28,941 square feet) will generate an increase of 1,448 trips per day. It is noted that traffic concurrency is reviewed and established as part of a development application. Water & Sewer: Water is available to the site via a 10 inch main from Federal Highway and sewer service is available via an 8 inch main along Avenue "L." The Comprehensive Plan indicates that the current sewer plant has adequate capacity to service the City's project population beyond the year 2025. Adequate capacity is available in the City's water and wastewater systems to meet the increased demand, therefore, the proposed FLUM amendment will not impact the level of service standard for these facilities. Drainage: Drainage is reviewed during the site plan application process for individual projects. Within this area of the City, drainage is usually accommodated on site via exfiltration trench systems or swale retention areas. There are no problems anticipated with obtaining South Florida Water Management District permits within the area and any additional impacts caused by increased impervious area will not affect the level of service standard. Parks & Recreation The proposed FLUM amendment to GC and Zoning designation change to AC from residential would reduce the impact on parks and recreation. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 5 Schools School concurrency is reduced by the proposed change from residential to commercial. Solid Waste: The waste generated by 2 multiple family dwelling units is 1.6 tons per year. As noted previously, the commercial development potential of the property is 28,941 square feet. The waste generated by a general retail store is 10.2 pounds per square foot per year. Thus, the FLUM amendment could result in gross waste generation of 147.60 tons annually. It is noted that the proposed AC zoning designation would limit the likely use of the property to automotive sales. A vehicle sales use generates 9.2 pounds per square foot per year. Based on this the proposed change could generate a potential of 133.12 tons of solid waste year. The proposed change would have a net impact of 130.72 tons additional of solid waste per year. The Solid Waste Authority has indicated that the capacity of the current landfill will be available through the year 2031. Based on the above analysis, positive findings can be made at this time with regard to concurrency for all services and facilities. ^ Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The proposed GC FLUM and AC zoning designations allow for higher intensity uses than the existing multiple family designations. The proposed commercial designation would not be incompatible with the commercial designations to the north. However, the commercial designation could create a further incompatibility with the residentially designated properties to the east (vacant) and south (Boca Isle Condo) by increasing the boundary of the area that creates the conflict. Based on this expansion of incompatibility between the commercial and residential uses, the proposed FLUM and zoning designation changes cannot be supported. ^ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the site plan review process. ZONING ANALYSIS REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, concurrency and Comprehensive Plan Consistency was previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 6 CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) 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 the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B and E are not applicable with respect to the rezoning request. The applicable performance standards of Section 3.2.2 are as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is not within one of the designated neighborhood designations. Thus, a rezoning to a commercial classification is not prohibited by this standard. (C) Zoning changes that would result in strip commercial development shall be avoided. Where strip commercial developments or zoning currently exists along an arterial street, consideration should be given to increasing the depth of the commercial zoning in order to provide for better project design. As noted in the FLUM amendment section of this staff report, the Presidential Auto Leasing and Sales property that abuts Federal Highway is not considered strip commercial development given the nature of the use and the depth of the property. Thus, the FLUM amendment and rezoning of the vacant residential lots have no relationship to this standard and is not applicable to the requested actions. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted in FLUM amendment section of this staff report, there is a concern over the encroachment of the commercially designated property into the residential neighborhood. Increasing the exposure of this commercial use to the residential neighborhood to the south and east will create an incompatibility. As noted in the background section of this report, a redevelopment plan is currently under review for the South Federal Highway corridor. One of the focuses of this redevelopment plan will be the buffering of commercial properties along the east side of Federal Highway and how they transition to the residential properties. It has been recognized that there are existing compatibility concerns with the commercial properties on the east side of Federal Highway when they abut residentially zoned properties. Given this focus, it would appear that there is a concern that the existing development regulations do not adequately mitigate the adverse impacts created by the commercial uses. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 7 Section 2.4.5(D)(5) (Rezoning Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The applicant indicates that the applicable reasons for which the rezoning is being sought is "a" and "b." The applicant indicates in the rezoning request that "it is an error to make this property medium density residential - it is too small to be useable. It is only the size of a single family lot." As noted in the FLUM analysis section of this report, the subject property can accommodate 2 dwelling units, which is consistent with the development pattern of the surrounding area. Further, it could be aggregated within residential zoned property to the east to provide for additional development potential. There is no evidence that the subject property had been changed or established in error. With respect to finding "b," the applicant states "South Federal Hwy. has been built up over the years with deep properties extending East from US#1. The Frontage on US#1 is out of character with the other properties on US#1 in that it is not deep. This request makes the frontage on US#1 more in keeping with the way US#1 has actually been developed in recent years." The Presidential Auto Leasing and Sales site is 357 feet deep and is among the deeper properties along the east side of South Federal Highway. The property is the same approximate depth as Dumar Plaza and Delray Plaza. There has been no change in circumstances that would support the notion that the residential zoning of this property is inappropriate. Based on the above, a finding cannot be made that the proposed rezoning fulfills any of the reasons for a zoning change. There is no evidence that the zoning was ever established in error. Further, the property depth of the existing auto related use is consistent with the development pattern along most of the east side of Federal Highway and contains slightly less depth than the three larger properties (Delray Shopping Center, Linton Center, and Ralph Buick auto dealership) along South Federal Highway. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 8 REVIEW BY OTHERS The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Eastview Village • Captain's Walk • Pelican Harbor • Pelican Pointe • Tropic Bay • Tropic Harbor • Tropic Isle Civic Association • Tropic Palms • Spanish Trail Condo • Serena Vista Condo Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. A letter of support has been submitted from the Tropic Isle Civic Association and is attached. Any further letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT A similar action was considered and denied by the City Commission in 1992 to rezone the property from RM to CF in order to establish an accessory parking area for Presidential Auto Leasing & Sales. Based on the analysis in this staff report, the proposed FLUM designation change to GC fails to meet any of the reasons for a FLUM amendment. The applicant has not demonstrated a need for the FLUM change since the existing MD FLUM designation will maintain a stock of land for multiple family developments within an established residential neighborhood for future population growth within the City. Further, the proposed rezoning does not fully comply with any of the Standards for Rezoning Action actions or Rezoning Findings. Positive findings cannot be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Further, positive findings cannot be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). The proposed further encroachment of the commercial use will cause an incompatibility with adjacent residential neighborhoods to the south and east. Therefore, the proposed FLUM amendment and related zoning changes are recommended for denial based on the findings outlined in this report. P & Z Board Staff Report FLUM Amendment & Rezoning for Presidential Auto Leasing & Sales Page 9 ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres 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 Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. STAFF RECOMMENDATIONS Move a recommendation of denial to the City Commission for the City initiated request for a small scale FLUM Amendment from MD (Medium Density 5-12 du/ac) to GC (General Commercial and rezoning from RM (Multiple Family Residential) to AC (Automotive Commercial) for land with a total acreage of 0.22 acres by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: ^ Applicant's Justification Statement ^ Future Land Use Map ^ Zoning Map ^ Letter from Tropic Isle Civic Association Prepared by: Scott Pape, AICP, FCP, Senior Planner ~ A NIA DRIVE w ° AVENUE H ~ HYACINTH DRIVE ~~ IRIS DRIVE 0 >- m Q c~ JASMINE DRIVE w F Q w ° G ~ z ~ ~ O N J Q Li ~ LINDELL BLVD . VENUE L 0 J m V _ TRA/~ ~~ Z TROPIC ISLE DR. ~ ~ o ~ M® ~ W ~ ~ ~ W ~ Li ~ ° BOSUN WAY U ~ A 2 U F N\SN CIR. =c~ ~ ~ ~ S P P r ~ ~~ -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1234c_Presidential Auto Leasing and Sales_FLUM ~ ~ w ~ ~\ ~ SUBJECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES ) it PLANNING AND ZONING O ~- DEPARTMENT FUTURE LAND USE MAP ~ A NIA DRIVE w 0 AVENUE H ~ A HYACINTH DRIVE IRIS DRIVE AC ~- m Q JASMINE DRIVE PC w w Z O N J Q Li ~ LINDELL BLVD . VENUE L 0 J m V _ TRA /~ ~~ Z TROPIC ISLE DR. ~ J H O tZ ~ ~ W ~ Li ~ 0 BO UN A~ ~ ~2 ~~~ SN IR. ~ v m° N ~ ~_ ~ S P r ~ ~~ -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1234D_Presidential Auto Leasing and Sales_Zoning ~ ~ w ~ ~\ ~ SUBJECT PROPERTY PRESIDENTIAL AUTO LEASING AND SALES ) it PLANNING AND ZONING O ~- DEPARTMENT ZONING MAP Wynn, Kimberly From: Harden, David Sent: Friday, March 11, 2011 4:42 PM To: Wynn, Kimberly Subject: FW: Presidential-Images Attachments: 0-11x17 Overall Aerial.pdf Importance: High Please put this e-mail and its attachment in the backup for this agenda item. -----Original Message----- From: Bauer, Gerri Sent: Friday, March 11, 2011 12:31 PM To: Harden, David Subject: FW: Presidential-Images Gerri Bauer Executive Secretary to the City Manager City of Delray Beach 100 NW 1 Avenue Delray Beach, FL 33444 561-243-7015 (Office) 561-243-7199 (FAX) bauer(u~mvdelravbeach.com Member of NAPW and ASAP -----Original Message----- From: Michael Listick fmailtcxMichaeln,]istickandkrall.coml Sent: Friday, March 11, 2011 10:56 AM To: CitvManager(c~MvDelravBeach.com Subject: FW: Presidential-Images Mr. Harden Attached is an aerial view of the site and surrounding area regarding the Presidential Auto rezoning and FLUM change which is up for first reading on March 15. If it is not too late please put it in the package for the commissioners. The purpose is show the fact that the area has been built up over the last 15 years and the threat of a major encroachment into vacant residential lots no longer exists. The former vacant residential lots are no longer vacant and encroachment is not an issue any longer. Thank you Michael Listick v z~ ~ ~ ~ N G ~ m ~ 0 ~ N _~ ~ ~L Q v Q - r nS~"f 9 .c q w ~~ ~e~o, i - L z ~~ w ,. ! ~ ~ _ ~~ ..~ y .~ ~. f i i ~ 4( ~i ~.. k - ~~ ,~ ~ a ~ ~ 1' e ~v ~ +~~ y ,~ ~ ~ '~~yy, ~ ,'~ ~' ' , ~ :~. I ,. . c x } .. r b- ~ ~ `~ tl . F •r ~ r -~ } ~1 ~ ? ~ ti~ t ~. r 1 ,, ~. i ~~ ~~. r ... .l ' ~ u ~ i ~ "!' u! ~' v } ~ C ~ ~f ~ ~ ~ ~~,/ . i f ~ ~ . , ~~ 999 ' ~ `r+J ' ~ Q ~. ~ ~ .. m N ~ 0 ~ ~ ~ Q F;y V ~ d~ v ~ w ~ m zagx _ ~GV~ v~n¢¢ (~ ~ MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 31, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO.OS-11 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. OS-ll, which provides for regulations governing Electric Personal Assistive Mobility Devices (EPAMDs). BACKGROUND The Commission passed this ordinance on first reading with direction regarding certain items as it relates to the tour operators. I have added language that provides for a minimum instruction time, the requirement to wear safety vests, and that the tours will be operated in single file. I have also modified the area where tours are prohibited to provide that on the west side of A-1-A they may not operate between the public parking lot located at the north end of the Marriott Hotel and Miramar Drive. I have used underline/strikethrough to mark the changes from first reading to second reading. Mr. Listick, a representative of one of the segway tour operators, has provided a map of an area along A-1-A that his client has requested to use. The map provides the use of the second sidewalk system along the north end of the municipal beach, this is not currently in the ordinance. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance No. OS-ll. ORDINANCE N0.05-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING CHAPTER 132, "OFFENSES AGAINST PUBLIC PEACE AND SAFETY", OF THE CODE OF ORDINANCES PY ENACTING SECTION 132.10, "ELECTRIC PERSONAL ASSISTIVE MOPILITY DEVICES, (EPAMDs)", TO REGULATE THE USE OF SUCH DEVICES ON CITY STREETS AND SIDEWALKS, PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Peach finds that it is necessary that Electric Personal Assistive Mobility Devices (EPAMDs) be prohibited in certain public areas within the City of Delray Peach in the interest of safety; and WHEREAS, the City of Delray Peach finds that there is a limited "track record" with regard to matters of safety of EPAMDs nationally and no "track record" at all within the City of Delray Peach for use by individual operators on the Cites shared use paths, sidewalks, roads, alleys and streets, and WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and set forth in Section 132.10(D) of this chapter, the City Commission specifically finds that the use of EPAMDs are unsafe on certain sidewalks, shared use paths, streets, alleys and roads, in the City, in part due to the heavy use of such public areas by pedestrians, bicyclists, inline skaters, pet owners who are walldng dogs, and similar public use of such areas; WHEREAS, except for the limited use of EPAMDs authorized for tour operations pursuant to Section 132.10(C) and for use by persons who are disabled for mobility purposes as defined and set forth in Section 132.10(D) of this chapter, the potential speed of EPAMDs, together with their virtually silent use and operation, coupled with the unique operational functions to inexperienced users, make EPAMDs incompatible, from a safety perspective, with motor vehicles on certain City streets and roads and incompatible with the congestion and types of users and uses found on certain City bicycle paths and sidewallcs; and WHEREAS, the City Commission has not only the right, but the obligation, to analyze potential safety problems in a conservative manner to protect the health, safety and welfare of the citizens of the City of Delray Peach; and WHEREAS, the City Commission determines that the limited use of Segways, under the operational and safety considerations outlined in this ordinance, is a reasonable accommodation to interested parties and the general public in order to further analyze the use and operation of EPAMDs without opting for either an absolute prohibition or the unlimited use of such devices. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses Against Public Peace and Safety', of the Code of Ordinances of the City of Delray Peach is amended by enacting Section 132.10, "Electric Personal Assistive Mobility Devices, (EPAMDs)", to read as follows: Sec. 132.10. ELECTRIC PERSONAL ASSISTIVE MOPILITY DEVICES, (EPAMDs). (A) E PAMD allowed in certain areas. (1) An EPAMD, as defined in Florida Statute Section 316.003(83), maybe operated in the areas allowed by Florida Statute Section 316.2068(1), subject to the conditions listed below as well as the requirements listed in this section - No E PAMD shall park in a vehicle parking space. - The E PAMD shall use the public sidewall~s, unless there is no sidewallc or the sidewallc surface is not conducive for EPAMD traffic. EPAMDs may ride through intersections on the same basis as a pedestrian. EPAMDs shall be subject to all traffic regulations. EPAMDs shall not exceed the speed of 12 miles per hour while using a public sidewalk. - Every EPAMD or rider shall be equipped with a sounding device, which shall be used, when necessary, when passing or approaching pedestrians or other users of the street or sidewalk - An EPAMD user shall yield the right-of-way to pedestrians and disabled people with assistive devices or guide animals. (P) Prohibition of riding EPAMDs in certain areas. (1) The use of EPAMDs are herebyprohibitec>, based upon the interest of safety, on sidewalks, streets/roads and bike lanes on Atlantic Avenue from A 1-A to I-95, Pineapple Grove Way from Atlantic Avenue to N.E. 31~d Street on A 1-A from the north end of the municipal beach to Casuarina Road, and in the Old School Square and Robert W. Federspiel parking ages, except as specifically authorized by Section 132.10(C). (2) The prohibitions set forth in subsection (1) shall not be applicable to City personnel in the course of conducting official City business. 2 (C) Limited use of EPANIDs authorized for tour operations with conditional use approval b the Ci . This subsection shall only apply to tour businesses that have received conditional use approval from the City. The tour business shall operate under the conditions of the conditional use permit, the minimum conditions and requirements as set forth in LDR Section 4.3.3 (ZZZZ), as ~ll as the following requirements: (1) The tour business shall provide an approved site for education and instruction, and shall provide such instruction, (such instruction shall be for a minimum of 15 minutest on the operation and use of EPANIDs by its employees and customers. For purposes of this section, customers shall include all tour patrons and users, whether or not consideration is paid for such use. (2) The maximum number of EPAMD users that can be included in any single tour is nine, plus tour leaders. (3) No rider shall be allowed on any tour under 11 years of age and 75 pounds in weight, and/or as limited by the tour operator's insurance company requirements, and/or pursuant to the EPAMD manufacturer's specifications. There shall onlybe one rider per EPAMD. (4) There shall be a minimum of one tour leader for each tour and such leader shall be an employee or owner of the business. (5) Only leaders/operators experienced in the use and operation of EPANIDs shall give tours. Tour leaders or operators) as ~ll as tour customers, shall wear safety reflector vests. All tour customers and leaders/operators shall ride in single file while participating in such touts. (6) No EPANID shall park in a vehicle parking space. (7) No E PANID shall be used or operated in excess of a maximum speed of 12 miles per hour except, when operating an E PAMD along the west side of A11~ where allow from the north end of the municipal beach to Casuarina Road the maximum speed shall be b 4 miles per hour. (8) Tours shall use the public sidewalks, unless there is no sidewakc or the sidewakc surface is not conducive for EPANID traffic. Touts may ride through intersections on the same basis as a pedestrian. EPANIDs shall be subject to all traffic regulations. (9) No tour will be conducted or operated after sunset and before sunrise. 3 (10) Tours shall not enter any private property without prior permission from the owner. (11) Every EPAMD or rider shall be equipped with a sounding device, which shall be used, when necessary, when passing or approaching pedestrians or other users of the street or sidewalk (12) An EPANID user shall yield the right-of-way to pedestrians and disabled people with assistive devices or guide animals. (13) All users or customers shall wear helmets during training and at all other times during the tour or at anytime while on or operating an E PANID. (14) Users or customers shall not be permitted to operate an EPANID while under the apparent influence of alcohol or drugs, including prescription drugs that impair the user s ability to operate machinery, or in the event that the tour operator or employces have actual knowledge of the fact that such user or customer is under the influence of alcohol or drugs, including prescription drugs that impair the user's ability to operate machinery. (15) Tour operators shall follow the requirements of Florida State Statutes regarding the necessity to file a police report in the event of an accident. (16) All of the above requirements and conditions shall be explained and specifically described by the tour operator or employees to each user or customer prior to the use of an EPANID by such user or customer. (1 ~ No E PANID shall exceed the width of 26 inches at its widest point. No EPANID shall contain signage advertsing any business. The tour leader's EPANID may contain minimal advertising regarding the tour business. (18) No tour shall be permitted on Atlantic Avenue from A 1-A to I-95; the east side of A 1-A from the north end of the municipal beach to Casuarina Road; the west side of A 1-A ~r..,~ ; „ ~.~~„~. r~„~r..,ra ~ „ ~.~~„~. ~ „~r. ~~ n,-,.,r+;,, n.,,,,-.,,,, from the public par'ldng lot located at the north end of the Marriott Hotel to Miramar Drive; and Pineapple Grove Way from Atlantic Avenue to N.E. 31~d Street, which includes all sidewalks, streets/roads and bike paths. Nor shall tours be allowed in the Old School Sauare and Robert W. Federspiel parking ~lrages. EPAMDs may traverse the areas listed above if the E PAMDs are not ridden and only when it will not interfere with pedestrian and vehicular traffic. (D) Limited use of EPANIDs authorized for persons disabled for mobilitypurposes. 4 (1) A disabled person may use an EPANID for mobility purposes in accordance with the regulations set forth in Section 132.10. (2) The permit process is as follows: (a) The City of Delray Community Improvement Department or its designee shall, upon completion of the City application form and receipt of the application fee, issue a permit for use of an electric personal assistive mobility device (also lmown commercially as a "Segwa~') by a person who is disabled for mobility purposes as defined in this section for a period of up to two years in the case of long term mobility impairment, or a temporary permit not to exceed six months to any person in the case of a temporary mobility impairment. (b) For purposes of this section, a "person disabled for mobility purposes" shall mean a person who can be cer~tifiec~ and is currently certified as set forth below, as having any of the following disabilities that render him or her unable to walls 200 feet without stopping to rest as a result of one or more of the following. (i) Inability to walls without the use of or assistance from a brace, cane, crukch, prosthetic device, or other assistive device, or without the assistance of another person. (ii) The need to permanently use a wheelchair. (iii) Restriction by lung disease to the extent that the persons forced (respiratory) expiratory volume for one second when measured by spirometry, is less than one liter, or the persons arterial oxygen is less than 60 mm/hg on room air at rest. (iv) Restriction by cardiac condition to the extent that the persons functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association (v) Severe limitation in the persons ability to walls due to an arthritic, neurological or orthopedic condition. (c) Permit application including medical certification; certain documentation accepted in lieu of medical certification (i) Certification for a person disabled for mobility purposes. 5 (1) A certification for a person disabled for mobility purposes must be provided as part of the permit application from a physician licensed under Florida Statute Chapter 458, Chapter 459, or Chapter 460, by a podiatric physician licensed under Chapter 461, by an optometrist licensed under Chapter 463, by an advance registered nurse practitioner licensed under Chapter 464 under the protocol of a licensed physician as stated in this subsectiony by a physician assistant licensed under Chapter 458 or Chapter 459, or by a similarly licensed physician from another state if the application is accompanied by documentation of the physician s licensure in the other state and a form signed by the out-of-state physician verifying his or her knowledge of the eligibility guidelines set forth in this section (2) The certification must include, but need not be limited to: (a) The disability of the applicant; the certifying practitioner's name and address; the practitioner's certification number; the eligbility criteria for the permit; the penalty for falsification by either the certifying practitioner or the applicant; and the duration of the condition that entitles the person to the permit. (b) The signatures of the applicant's physician or other certifying practitioner, the applicant or the applicant's parent or guardian, and the employee of City of Delray Seach who processes the application (ii) In lieu of the medical certification required in subsection (D)(2)(c)(i) above, an applicant may submit a State of Florida Disabled Persons parking placard and the registration card indentifying the applicant as the owner of the placard or any other state's equivalent documentation (d) An issued permit shall be prominently displayed on the front of any E PAIYID used by a permittee within the City of Delray Seach (e) Any permit issued is nontransferable and authorizes only the named permittee to use an EPAIVID in accordance with the provisions of this section. (f) An EPAIVID shall not be used or operated at a speed in excess of 12 miles per hour at any location authorized by this section (g) A person disabled for mobility purposes who is operating an EPAIVID which prominently displays the required permit may operate an E PAIVID on a marked bicycle path, 6 shared use path and/or sidewalk and at an intersection to cross a road or street even if the road or street has a posted speed limit of more than 25 miles per hour, and in City-owned parking lots. An E PANID permit shall not authorize the use or operation of an E PANID on any beach, within any City park or on any other City property except as specifically authorized in this section. An E PANID permit does not authorize the use of an EPANID on any private property (or quasi-public property such as a shopping center parking lot) provided however, a permittee may operate an E PAMD in such private or quasi public areas with any legally required consent or permission of the private or quasi-public property owner. (h) Any person who knowingly makes a false or misleading statement or provides false or misleading information in any part of the application process for an EPANID permit or in the use or display of an issued EPANID permit commits a violation of this section and of the Delray Peach Code of Ordinances. (E) Violations. (1) A violation of the provisions of this section shall be punishable in accordance with the penalty provisions of the Delray Peach Code of Ordinances. (2) A violation by any tour owner or operator, any employee, agent or subcontractor of such tour owner or operator, any user or customer associated with such tour operationy or any other person, of the provisions of this section shall be punishable in accordance with the penalty provisions of the Delray Peach Code Ordinances. (3) It shall be a violation of the provisions of this section: (a) For any person to knowingly make a false or misleading statement or provide false or misleading information in any part of an application process for an E PANID permit; and/or (b) For any person other than the permittee to use or display an EPAIVID permit or to represent that any such person using an EPANkD possesses a City of Delray Peach issued permit when such statement is not true; and/or (c) For a permittee to use an EPANkD without display of an EPANID permit as required by this sectiory and/or (d) For any permittee to transfer or knowingly allow the use of an EPAMD permit by another person; and/or 7 (e) For an E PAMD penrdttee to use an E PAMD or an E PAMD permit in any way or in any location except as specifically authorized by the provisions of this sectiory and/or (f) For any certifying person or entity to certify an individual as a person disabled for mobility purposes who does not meet the criteria set forth in this section. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 4. That this ordinance shall become effective immediately upon passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: MAYOR City Clerk First Reading Second Reading 8 Law caffic ~~TICK & 1~R~iLL, P.A. 190 S.E. Sth Aventae De3ray h, ~nrida334$3 Telepht~tae: (563.) 2'1G-7424 1VIl~iA3rLM.LISTTCK 'i~~eopier: (S61) 278-6909 o-~ N3ARKI... KkALL nr~ichaelC~~stic~a3l.com mark ~lis4ckaudkra]I:cam March 18; 2011 David T. Harden, City Manger 100 NW 1st Avenue Delray Breach, FL 3344 Re: Segway Tours - Connrt~.ission rs~eeting, April 5; 2011 Dear Mr. Harden: At the first reading of the Segvvay Tour amendment, the commissioners requested more information regarding potential tour mutes along. AIA. According3:y, ~ enclose two pages consisting of a written narrative and a color coded map of prohibited riding areas (i.e. CBD) and allowable riding areas (i.e,- double sidewalk on north end of beach, side~vallc oil east side of ALA between Thomas St, and the Nlarrott, and the sidewalk on the west side of, A:1A. south o~Bostans). Please distribute this information for the commissioners' meeting iii April. Very txu[y yours; .ic el M. Listick MML:Ier Enclosure cc: Buck Ward SEGWA'Y TOURS ~F DET:,RAY BEACH, INC. .PROPOSED TOUR ROUTES ALOI~IG AlA '7"he propcrsti>d ard~inances regarding segway tours and general .(non-tour) segUVav uses might be different as to tours versus ger-eral use. ~'~S TO TOURS:, it is intended that the following shall be the basis for segway tours along r~tA; North e;nd of beAeh (North caf AtIA.ratic Ave): There are no sidewalks on the West side of AlA north of Thozt~as ~t.T thus no tours will go theta. `T'here is a double sidewalk an the East side of AIA, which has less tra:ff"ie, Between the North end of the public beach. to the ~auth near Thomas St. It is proposed that tours will use tkte strip along the. double sidewalk on the East side ofAlA, ending near Thomas- Street. There is a sid:e~,ualk an ~e West side of AIA, from near Thomas Street,. all the way to Atlantic Ave. It is proposed that going from Nortla to South the tpur would crass from tl;e East side to the West side, at the area that the double sidewalk ends. The tour would oat ettcroach into the CI31], so that it would exit.AlA and gb iriIand prior to reaching the Marriot. N~ riding on either side of AlA in ti-ie GBD {ie. tretv~eert the Tvlarriot and Bostons} South end. of beach South of Atlantic Ave, `: No. riding in CB~D (between Nlarriat and Bostt~ns~ 'T'here is a sidewalk ozr the V,~est side of AIA. Tours may ride on this sidev~ralk froth the "South boundary of the CBD {i.e. South of Bostons} through Casarina. Riding on the east side of AIA, south afT~irarrtar seems appropriate; but that is optional. It is su~;gcsted that the ordinance s~ioulcl not prohibit it, but rather accept or reject it t~vhen the condition use application. deteniaiz~.es the actual. route. NC}T'l;: Tn the event the newly proposed beach sidewalk plan i~ ever eonstructedj it should be considered, at that time, to allow greater usage on the East s€le caf AIA. ~'E]TE: Tile provision regarding tours on AI.~ should be changed from "ane block n©~th artd one bloci~ s~autli csf Atlantic .avenue'' to "within the CBD". ~~~tif e A~w~c ~' !Y ~~s~r ~~' ~~ r~ ^ e~ wi~$~ ~ ~~v ~` 3p-- ;~ '~} ~35~8 ~~~~ . ~~ ~ ~ R ~ ~~~ Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 8, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. OS-ll Page 1 of 1 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. OS-ll, which provides for regulations governing Electric Personal Assistive Mobility Devices (EPAMDs). BACKGROUND The proposed ordinance provides that EPAMDs may not be ridden on Atlantic Avenue from A-1-A to I-95, Pineapple Grove Way from Atlantic Avenue to N.E. 3rd Street, and on A-1-A from the north end of the municipal beach to Casurina Road. Tour operators may not operate in these areas as well, with the exception that they may operate on the west side of A-1-A in the prohibited area, excluding one block north and south of Atlantic Avenue. The ordinance also provides that certain requirements must be met before a tour operator is allowed to conduct a tour, such as: customer training, maximum of nine customers, minimum size and weight requirements, maximum speed limit of 12 mph, and no tour shall be conducted after sunset or before sunrise. The ordinance also provides for a permitting process to allow people with disabilities to obtain a permit and once the permit is obtained they would be able to ride the EPAMD anywhere in the City. RECOMMENDATION The City Attorney's Office recommends approval of Ordinance OS-ll. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4270&MeetingID=288 3/16/2011 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO.04-11 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearing to consider a privately-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business District", Subsection (D), "Conditional Uses and Structures Allowed", to add "Escorted Segway Tours" as a conditional use and amending Section 4.3.3, "Special Requirements for Specific Uses", to enact a new Subsection (ZZZZ), "Segway Tours and Segway Sales", to provide for specific requirements for the establishment and operation of such uses; and amending Appendix "A", "Definitions". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 04-ll. RECOMMENDATION Recommend approval of Ordinance No. 04-ll on second and final reading. ORDINANCE N0.04-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SUBSECTION 4.4.13(D), "CONDITIONAL USES AND STRUCTURES ALLOWED"; PY AMENDING SECTION 4.3.3, "SPECIAL REQUIREMENTS FOR SPECIFIC USES," PY ENACTING A NEW SUBSECTION (ZZZZ), "SEGWAY TOURS AND SEGWAY SALES"; AND PY AMENDING APPENDIX "A", "DEFINITIONS", TO ESTAPLISH REGULATIONS FOR SEGWAY TOURS AND SEGWAY SALES AND TO PROVIDE FOR A DEFINITION OF ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD); PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on January 24, 2011 and voted 3 to 1 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Pusiness (CBD) District", Subsection 4.4.13(D), "Conditional Uses and Structures Allow" of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (D) Conditional Uses and Structures Allowed The following uses are allov`ed as conditional uses within the CSD District: (1) Residential Licensed Service Provider Facilities subject to restrictions set forth in Section 4.3.3(D). (2) Amusernent game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. (3) Child care and adult day care. (4) Financial institutions, e.g, banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). (5) Funeral homes including accessory uses, such as, a chapel, crematory, and the like. (6) Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood the Peach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), begirn~ing at a point 105' south of N.E. 4th Street. (7) Recreational establishments such as bowling alleys, gynu~asiums, health spas, miniature golf courses, skating rinks. (8) Veterinary clinics. (9) Movie theaters, excluding drive-ins. (10) Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). (11) Flea markets, bazaars, merchandise marts, and similar retail uses. (12) Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq. ft. (13) Multi-family dwelling units, excluding duplexes, at a density greater than thirty (30) units per acre, on properly located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section 4.4.13(I). (14) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (15) Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). (16) Drive-in or drive-through restaurants on property located within the West Atlantic Neighborhood (1~ Hotels, motels, and residential-type inns on property located within the West Atlantic Neighborhood (18) Free standing or mixed use residential development at a density greater than twelve (12) units per acre, but not exceeding 30 units per acre, on properly located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). (19) Sed and Breakfast Inns within the West Atlantic Neighborhood, subject to the provisions of LDR Section 4.3.3(Y) (20) Live/Work Unit, subject to Section 4.3.3 (KKK). (21) Large Family Child Care Home subject to Section 4.3.3(TT). 22 Segway Tours and Segway Sales pursuant to restrictions set forth in Section 4.3.3 ,ZZZZ). Section 3. That Section 4.3.3, "Special Requirements for Specific Uses," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended by enacting a new Subsection (ZZZZ), "Segway Tours and Segway Sales," to read as follows: (ZZZZ, Segway Tours and Segway Sales shall mean a business that is approved as a conditional use Linder Section 4.4.13 (D~(22) which conducts tours on Segways and/or sells Segwa~s. (EPANID) as set forth in Appendix "A". Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours and sales: ~ The applicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved ~b No more than nine (9) touts shall be conducted each dad ~ All servicing of Segways shall be indoors and not utilize more than twen , (t~20%~ of the floor area of the premises. No Segway sales or tour businesses shall be located within three hundred (300 feet of any other Segway sales or tour business, as measured from property line to property line in a straight line. ~ Tour guides shall not amplify voice or music while operating tours. Pre tour instructions shall not be conducted on public streets, sidewalks, or between the building and the adi acent street. ~ Segway tours shall operate in compliance with the requirements of Chapter 132 Section 4. That Appendix A, "Definitions," of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended by adding a new definition to read as follows: ELECTRIC PERSONAL ASSISTIVE MOPILITY DEVICE (EPANID~ Anv self-balancing, two-nontandem-wheeled device, designed to transvort only one verso with an electric propulsion system with an average power of 750 watts (1 horsepower maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour. 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 all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading :~ ~.~ lilt E l ~.f-C i~] ~.ISI"C~"°"~",~ [11~'~RK 1.., f<R~ll.~f... ~~~~~1~ i~f .,gym. ] I._u ~i~~>>. k~it_~,~ i11~~n_~~~~ +~~~ ~,''~ 1~t 1~~3~~i~;, I)~•Pr.~~~ I~~~,~~1~~ ~ I ,~ m~ ~~~ ~_ n~ il. ~tarcf~,~~ I ~s"li~>>cf;,indE~~all'.ct~r~ I~ 1,~~ ~r~.~: ~ til~i'''~" ~ 4`11~y,1"~ - ~ i;~~1~V1Y115:°;It~i~k I71t"¢~'~li'1~~~". ~' lll~' ~t]'';l ~~~~l<~]!1~' t~E 1}l'~ ~~"~?1~.~il ~I l1Li~ ~'11I1~C7~It~1f~11~'. 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W..L.~ p~ I 0 U Q ~~ ,--~ ~ A' ~ u E xu~ I' I f-~ ~~ .~ j ~. ~~ i ~, l.' 4 ~~ ~~~~ 'I ;1p~_,' ti'~ i~ , ~;? ~ r ,i C ~ '~ '~ l ~ ~ t6 ~s ~ ~~ r ~~ G~ L..4....J~CCC~C~' , Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: March 10, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 04-ll (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Page 1 of 4 The action requested of the City Commission is approval of a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District), Section 433(ZZZZ) [Requirements for Specific Uses] and Appendix "A", "Definitions". The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements that apply to operations and provides distances between similar businesses. BACKGROUND The human transporter machines, otherwise known as Electric Personal Assistive Mobility Devices (EPAMD's) or Segways, are a relatively new technology that was "unveiled" in 2001. These machines are two-wheeled, self balancing, electrically operated transporters that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has arisen that offers guided tours on these devices. This privately initiated LDR text amendment would add these tours as a conditional use in the CBD (Central Business District) subject to special regulations. The proposed special regulations under which the use should operate are an attempt to address and mitigate any concerns including potential nuisance and safety issues. It is noted that this amendment is separate from Ordinance 5-ll as proposed by the City Attorney, which addresses EPAMD use citywide. This citywide ordinance will also apply to private EPAMD's use, EPAMD rental lease uses as well as escorted EPAMD tour uses. The privately initiated amendment includes a limited number of special regulations while all of the provisions of the citywide ordinance have been included in staff's recommended version. Pursuant to Land Development Regulation Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The proposed privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales in the CBD includes a limited number of special regulations which would apply to this vendor (applicant) along with any similar http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 2 of 4 vendors citywide and is attached as Ordinance version #1 (applicant). During the text amendment review process, staff recommended that additional regulations be added to adequately address safety concerns with the use and to mirror those which are proposed with the city-wide EPAMD ordinance. Staffs version is attached as Ordinance version #2. With the incorporation of the additional special regulations proposed by staff, a positive finding can be made that the Land Development Regulation text amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. The notable difference between the applicant's version and staff's version is the provision that prohibits tours on the east side of State Road AlA, and a provision that requires a minimum age and weight for riders. Tour operators would be allowed to operate on the west side of A- 1-A, except for one block north and south of Atlantic Avenue. It is staff's position that an unsafe situation would be created by introducing tours on the east side of State Road AlA due to the congestion in this area. It is noted that the city-wide EPAMD ordinance will also prohibit EPAMD tours on the east side of A-1-A, and exclude non-tour operators (rentals and private machines) from both sides of A-1-A. Restrictions on other congested areas are also included. These mirror the applicants request with the exception of Pineapple Grove Way which is restricted from Atlantic Avenue to NE 3rd Street in the staff's and city-wide versions while the applicants version restricts it "from the sidewalk adjacent to Pineapple Grove Way". Additional background and a detailed analysis of the request are provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), WARC (West Atlantic Redevelopment Coalition), and the PGMS (Pineapple Grove Main Street) Executive Committee. The CRA considered the proposed text amendment however, it did not make a recommendation. The proposed text amendment will be considered again at its meeting of March 10, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Planning and Zoning Board: The Planning and Zoning Board considered the proposed LDR text amendment at its meeting of January 24, 2011 and recommended approval (3 to 1 vote, Mr. Miller dissenting), subject to the condition that the ordinance be revised and "worked-out' with staff. The Planning and Zoning Board felt that staff's version of the ordinance was too restrictive and that many of the special regulations such as safety procedures, routes, logistics, and operational concerns should be shifted to items reviewed as part of the conditional use approval process rather than specifically identified as special regulations. The Board also felt that new or amended routes after the initial conditional use should be considered and approved administratively by staff rather than as a conditional use modification. It is noted that most of staff's additional special regulations mirror the citywide ordinance and therefore would be applicable to all tour uses upon its adoption regardless of whether or not staff's specific recommendations are adopted at this time as part of the privately initiated amendment. Community Redevelopment Agency (CRAB: The CRA considered a draft of the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was finalized. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 3 of 4 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. The staff's and City Attorney's version of this ordinance includes a provision that indicates that persons must be at least 11 years of age and or 75 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's spec cations). The CRA is scheduled to reconsider the proposed LDR text amendment at its meeting of March 10, 2011. The results of the CRA meeting will be provided to the City Commission. Downtown Development Authority (DDA The DDA considered the proposed LDR text amendment at its meeting of January 10, 2011 and had the following concerns/observations: 1. Better definition of what a Segway is (An expanded definition of EPAND~'s has been added with staff's recommended version of the LDR text amendment and the City Attorney's Ordinance.) 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour. (A limit on the number of tours and number of participants per tour is part of the text amendment under review by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of all ordinances). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a Attorney's Office is aware of the proposed LDR accordance with direction by the City Commission). complete opinion on the (liability??) (The City text amendment and will provide the opinion in The DDA will consider the modified text amendment again at its meeting of March 14, 2011. The results of this meeting will be presented to the City Commission at its meeting of March 15, 2011. West Atlantic Redevelopment Coalition (WARC): The WARC considered the proposed LDR text amendment at its meeting of January 11, 2011 and had the following concerns/observations: http://itwebapp/AgendaIntraneCBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 Coversheet Page 4 of 4 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption is included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAND~'s). 3. The LDR text amendment needs to include a provision that identifies an appropriate minimum age for riders. (This item has been included in both the staff's recommended version and City Attorney's version of the city-wide ordinance). 4. The WARC felt that every effort be made to encourage historical tour routes along West Atlantic Avenue. S. The LDR text amendment needs to include limitations on the hours of operation (This is now included sunrise to sunset). Pinea~le Groves Main Street Executive Committee (PGMS): The PGMS considered the proposed LDR text amendment at its meeting of February 2, 2011. The PGMS unanimously recommended approval of staff's version of the amendment. RECOMMENDATION By motion, approve on first reading Ordinance 4-ll, amended as outlined in the staff's version of the ordinance amending LDR Section 4.4.13(D)(22)[Central Business District), Section 433(ZZZZ) [Requirements for Specific Uses], and Appendix "A", "Definitions", to allow tour operators and sales of human transporters commonly known as "Segways" and provide for specific requirements regarding operations and distances between similar businesses, by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5). The staff s version amends line 12 of the ordinance title. It also amends in Section 3 paragraph (ZZZZ) (1), and deletes (ZZZZ)(2)(a), (b) and (c). Subparagraphs (b) and (c) are covered by Ordinance OS-ll. Finally the staff version amends Section 4. I strongly recommend that subparagraphs (ZZZZ)(2)(g) through (x) not be included in Ordinance 04- 11. These subparagraphs deal with operational issues associated with the Segway tours, not land use matters, therefore they should not be in the Land Development Regulations. Furthermore, they duplicate what is in Ordinance 04-ll amending Chapter 132 of the City Code. Having the same requirements in both the LDR's and the City Code will lead to confusion when, as time passes, one is inevitably amended and the other is not. In addition, the LDR's cannot be amended without review by the Planning and Zoning Board, while the City code can be amended by the City Commission without Planning and Zoning Board review. Having the same requirements in both the City Code and the LDR's creates immediate confusion as the to the amendment process. Instead of having these requirements in both places, Ordinance OS-ll should be amended to include a requirement that Segway tours must comply with the requirements of Chapter 132 of the City of Delray Beach Code of Ordinances. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4302&MeetingID=288 3/16/2011 PLANNING AND ZONING BOARD MEMORANDUM STAFF REPORT MEETING DATE: JANUARY 24, 2011 AGENDA NO.: IV.C. AGENDA ITEM: PRIVATELY INITIATED AMENDMENT TO LAND DEVELOPMENT REGULATION (LDR) SECTION 4.4.13(D)(22)[CENTRAL BUSINESS DISTRICT CONDITIONAL USES] AND 4.3.3(ZZZZ) [SPECIAL REQUIREMENTS FOR SPECIFIC USES] TO ALLOW TOUR OPERATORS AND SALES OF HUMAN TRANSPORTERS AND PROVIDING SPECIFIC REGULATIONS FOR THE CONDUCT OF THESE BUSINESSES. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission regarding a privately initiated text amendment to LDR Section 4.4.13(D)(22)[Central Business District) and Section 4.3.3(ZZZZ) [Requirements for Specific Uses]. The amendment is to allow tour operators and sales of human transporters commonly known as "Segways." The proposed text amendment also provides specific requirements regarding operations and distances between similar businesses. Pursuant to Section 1.1.6(A), an amendment to the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The human transporter machines, which are becoming referred to as Electric Personal Assistive Mobility Devices (EPAMD's), are a relatively new technology that was "unveiled" in 2001. These machines are atwo-wheeled, self balancing, electrically operated transporter that offer mobility assistance to individuals. With the introduction of this technology a cottage industry has risen that offer guided tours on these devices to groups. The privately initiated LDR text amendment is proposed which would add the tour use subject to special regulations in the CBD (Central Business District) as a conditional use. The proposed special regulations under which the use should operate are proposed in an attempt to address and mitigate any concerns including potential nuisance and safety concerns. The analysis of these special regulations is provided in the following section. It is noted that this amendment is separate from a ordinance which addresses Segway use citywide which is being processed by City staff. This ordinance will impact private Segway use, Segway rental/lease uses and escorted tour uses. Pursuant to LDR Section 2.4.5(M)(1), amendments to the Land Development Regulations may be initiated by the City Commission, Planning and Zoning Board or City Administration; or an individual may request an amendment. The proposed amendment is a privately initiated text amendment to the Land Development Regulations to allow EPAMD (aka Segway) tours and sales Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours in the CBD and includes special regulations which would apply to this vendor along with any similar vendors citywide. LDR TEXT AMENDMENT ANALYSIS The following is an excerpt from a justification narrative submitted by the applicant: "...The business purpose is to conduct escorted tours on Segways and to take orders for sale of Segways..." The proposed LDR text amendment will list EPAMD tour operators and sales in the CBD zoning district as conditional uses and provides special regulations which would apply to these businesses. It is noted the sales component of EPAMD's is technically already allowed in the CBD zoning district under the general category of retail sales. The sales were originally thought to be considered under vehicle and/or recreational vehicle use category which is limited to the AC (Automotive Commercial) zoning district. However, further research revealed that EPAMD's are not considered vehicles pursuant to Florida Statutes 316.003(83) of the Vehicle Code of the State of Florida. Further, they do not meet the City's definition of vehicles. The amendment to add the use of escorted tours to the CBD zoned properties will by default also add them to CBD-RC zoned areas as the CBD-RC zoning regulations encompass uses allowed in the CBD zoning district. The special regulations as proposed by the applicant that would apply to this use include: 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours: (a) Tours must be escorted. (b) No tour shall consist of more than nine (9) customers plus the tour escort. (c) Segways cannot be operated (i) on the sidewalk adjacent to Pineapple Grove Way (N.E. 2nd Ave), (ii) the west side of Highway A1A on the first block north and south of Atlantic Avenue, or (iii) on Atlantic Avenue except between S.E. 7th Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue Riders shall dismount and walk their Segways over the bridge. (d) The applicant for Conditional Use will designate routes for the tours and shall be limited to only routes that are approved. (e) No more than nine (9) tours shall be conducted each day. (f) All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g) No Segway sales or tour businesses shall be located within three hundred (300) feet of a then existing Segway sales or tour business, as measured from property line to property line in a straight line. (h) Tour guides shall not amplify voice or music while operating tours. (i) Pre tour instructions shall not be conducted on public streets or public sidewalks. While reviewing this privately initiated request staff also reviewed the special regulations proposed in the citywide ordinance relating to future EPAMD operators. Acknowledging that citywide ordinance is a fluid ordinance, this tour operator shall comply with all regulations of this new ordinance and is not considered vested under rules currently in effect. This vendor, while currently operating, has not been legally established and is not considered 2 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours grandfathered in as it relates to proposed new regulations for Segway uses. If the applicant does not agree to these conditions, it is recommended the current proposal be continued until after passage of the citywide ordinance. Therefore, given the pending citywide ordinance and staff concerns related to this use, staff is recommending the special regulations be modified to reflect the following changes (staff recommended additions are underlined): 2) Special Conditions and Limitations -The following Special Conditions and Limitations are imposed on Segway tours and sales. (a)Tours must be escorted, subiect to the following provisions: There shall be a minimum of one tour leader for every five users of EPAMDs, and two tour leaders for more than five users. 2. Only leaders/operators experienced in the use and operation of EPAMDs shall give tours. Tour leaders or operators shall wear safety reflector vests. 3. When two leaders/operators are present on the same tour, they must be able to communicate with each other through the use of private communication devices (two- way radios, cellular phones or similar devices) and have available the use of rearview mirrors- (b)No tour shall consist of more than nine (9) customers plus the tour escort, subiect to the following provision: No rider shall be allowed on any tour under 14 nears of age and/or 100 pounds in weight, and/or as limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications. (c) Segways cannot be operated on the following: No tour shall use the public streets or roads of the City, except at intersections for crossing. 2. Tours shall not enter any private property without prior permission from the owner. 3. On the sidewalk adjacent to Pineapple Grove Way (N.E. 2nd Ave). 4. The east side of State Highway A1A from Casuarina Road north to the north end of the City beach. ^n Oho firc4 hlnnL nnr+h ~n`J cni i4h of 441~n4in 4voni io 5. On Atlantic Avenue from Interstate 95 to the Atlantic Ocean except between S.E. 7tn Avenue and the Intracoastal Waterway on the west side of the bridge, between the bridge and Venetian Drive on the south side of Atlantic Avenue and between the bridge and East Drive on the north side of Atlantic Avenue. Riders shall dismount and walk their Segways over the bridge. (d)The applicant will designate routes for the tours and shall be limited to only routes that are approved by the City as part of the Conditional Use approval process. 3 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours (e)No more than nine (9) tours shall be conducted each day, subject to the following: 1. All users or customers must be shown a safety video and provided with "hands on" EPAMD training by an experienced operator in a controlled area prior to such user physically operating an EPAMD in any public area of the City. 2. No tour will be conducted or operate after dusk. (f)All servicing of Segways shall be indoors and not utilize more than twenty (20%) of the floor area of the premises. (g)No Segway sales or tour businesses shall be located within three hundred (300) feet awn rr other ^f ° +hon o.,;~+.^^ Segway sales or tour business, as measured from property line to property line in a straight line. (h)Tour guides shall not have or utilize amplify voice or music while operating tours. (i) The tour business shall provide an approved site for education and instruction on the operation and use of EPAMDs by its employees and customers. For purposes of this article, customers shall include all tour patrons and users, whether or not consideration is paid for such use. Pre tour instructions shall not be conducted on public streets, sidewalks, or between the building and the adjacent street. Q) Every EPAMD shall be equipped with a sounding device and all customers or users shall be trained in the use of such sounding device. (k)An EPAMD user shall yield the right-of-way to pedestrians and shall give an audible signal with a sounding device before overtaking and passing a pedestrian. (I) All users or customers shall wear helmets during training and at all other times during the tour or at any time while on or operating an EPAMD. There are several concerns with respect to the proposed LDR text amendment. The following are the concerns or observations expressed by WARC (West Atlantic Redevelopment Coalition), DDA (Downtown Development Authority), CRA (Community Redevelopment Authority), and staff: Route Limitations: Per Florida State Statute 316.183(2), the maximum speed limit for all vehicles is 30 miles per hour in business or residential districts. The City is allowed to set a maximum speed limit of 20 or 25 miles per hour in residential districts. Further, per Florida State Statute 316.2068(1)(a), EPAMD's are allowed on a road or street where the posted speed limit is up to 25 miles per hour. EPAMD and EPAMD tours shall be restricted from portions of Atlantic Avenue, Pineapple Grove Way, and State Highway A1A. The 100-yard exemption noted on Atlantic Avenue was originally proposed by the applicant in the vicinity of the Intracoastal Bridge to allow access to the east side of the Intracoastal Waterway. However, this exemption did not provide access to a side street where the tour could resume. Thus, modified language is now included to extend further east and west to provide access to a public street. 4 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours EPAMD Demonstration/Testin Where the preliminary training, test driving, and demonstration of machines necessary to familiarize novices with operation of these machines will occur is a concern. These activities should not occur in the street or on the sidewalk between the building and the street. Ideally, these practices should occur indoors. At a minimum, these types of uses should provide an off-street location on private property or inside area for this activity. The privately initiated LDR text amendment includes staff revisions which address this provision. Pineapple Grove Way: The Pineapple Grove Way corridor shares some of the same characteristics as Atlantic Avenue such as sidewalk cafes and increased pedestrian flow. Therefore, the prohibition of these devices is extended along Pineapple Grove Way up to NE 4th Street similar to proposed restrictions on Atlantic Avenue and State Road A1A. Retail Sales: The LDR text amendment should be revised to delete subsection 2(f) "retail Sales may be conducted at the premises." The provision for sales is currently allowed as previously noted. Tour Routes' The text amendment indicates that applicant for a conditional use needs to designate routes for the tours and is limited to only routes that are approved. These proposed routes will need to be identified and reviewed during the conditional use process given the limitations and potential impact on the surrounding commercial and residential areas. Clarification language is included in the staff recommendation. Definition: The applicant's definition of the personal transporter is located in the portion of the LDR's which references the use. It is more appropriate to list the use in the definition section of the code and a revision to the definition to be consistent with Florida Statutes is proposed by staff. Further, the definition should be revised to indicate that these devices are two wheeled on the same plane or axle versus in tandem, which will exclude other devices such as scooters. These issues are attached as a condition of approval. This definition is proposed as follows: "Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Specific Roadway Restrictions: The proposed LDR text amendment prohibits EPAMD's along Atlantic Avenue, Pineapple Grove Way, and the west side of State Road A1A except for a small piece on either side of the Intracoastal Waterway (to allow access to the east side of the Intracoastal Waterway). The current 5 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours citywide ordinance actually recommends any EPAMDs allowed on State Road A1A be limited to the west side and recommends restricting access to the east side where the activity levels and the potential for conflicts is enhanced. Revisions to the applicant's language is proposed under staff recommended changes. LDR Section 2.4.5(M)(5) (Findings): Pursuant to LDR Section 2.4.5(M)(5) (Findings), in addition to LDR Section 1.1.6(A), the City Commission must make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. Comprehensive Plan Policies: The goals, objectives and policies of the Comprehensive Plan were reviewed and there are no applicable goals, objectives or policies noted. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. REVIEW BY OTHERS The proposed text amendment was reviewed by the CRA (Community Redevelopment Agency), DDA (Downtown Development Authority), and WARC (West Atlantic Redevelopment Coalition). The PGMS (Pineapple Grove Main Street) Executive Committee will consider the proposed LDR text amendment at its meeting on February 2, 2011. The recommendation of the PGMS Executive Committee will be reported to the City Commission. Further, while the CRA considered the proposed text amendment it did not make a recommendation. The proposed text amendment will be considered again at its meeting of January 27, 2011. The CRA recommendation will be reported to the City Commission. However, the initial comments of the CRA are noted below. Community Redevelopment Agency (CRA): The CRA considered the proposed LDR text amendment at its meeting of January 13, 2011. The CRA withheld the final recommendation until the ordinance was completed. The CRA did have the following comments/suggestions: 1. Do we really need a separation requirement? Let the market handle it. (As noted previously, this technology is relatively new and the impacts of these businesses are unknown. Thus, it is prudent to regulate the separation of these uses until such time that the potential impacts are better known). 2. Consider time of day and days of week when establishing when and where the tours are allowed. (The time of day and days of week will be considered as part of the conditional uses process. A condition of approval is attached that the text amendment be revised to include a provision that the applicant identify the time and days of week of the tour operations). 3. Consider minimum age restriction. (As noted in the background section of this staff report, the City Attorney's Office is processing a City initiated text amendment that also addresses the use of these devices within the City, which is being processed concurrently with the privately initiated LDR text amendment. This ordinance includes a provision that indicates that persons must be at least 14 years of age and/or 100 pounds in weight, and/or as 6 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours limited by the applicant's insurance company requirements, and/or pursuant to the Segway manufacturer's specifications). Downtown Development Authority (DDA): 1. Better definition of what a Segway is (An expanded definition of EPAMD's has been added with staff's recommended version of the LDR text amendment). 2. Explore what other cities are doing (A significant portion of the staff version of the ordinance is based on the Sanibel, FL ordinance that addresses these uses). 3. Greater limitation to the # of tours and the # of participants allowed per tour (The impact of the number of tours and number of participants per tour will be part of the consideration of the text amendment by the P&Z Board and City Commission). 4. Specify where they are allowed to operate (The operating boundaries have been refined under the revised versions of the ordinance). 5. Need times, conditions, frequency (see number 3 above). 6. Obtain a recommendation from the Police Dept. (The Police Department representatives to the WARC Board reviewed and provided comments on the ordinance). 7. Have the City Attorney's office provide a complete opinion on the (liability??) (The City Attorney's Office is aware of the proposed LDR text amendment and will provide the opinion in accordance with direction by the City Commission). West Atlantic Redevelopment Coalition: 1. The LDR text amendment needs to include a provision that exempts public safety use (i.e. Police Department and Fire Department) from the limitations on the use of these devices. (This is a privately initiated LDR text amendment that deals with tour operators only. The exemption will be included in the citywide ordinance). 2. The WARC is concerned that the LDR text amendment does not adequately address the use of privately owned/operated devices. (As noted previously, the City Attorney's Office is processing a City initiated amendment that addresses privately owned EPAMD's). Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The City has received a privately initiated LDR text amendment to include EPAMD tour operators in the CBD zoning district (subsequently including the CBD-RC zoning district). These devices are a relatively new technology and the potential nuisances are not completely known. Further, a cottage industry has arisen using these devices for tours. Thus, the LDR text amendment includes provisions that address potential public hazards and nuisances that may be experienced with these devices. The recommended staff changes mirror the citywide ordinance being processed as a City 7 Planning and Zoning Board Staff Report LDR Text Amendment - EPAMD Tours initiated text amendment to the Code of Ordinances throughout the City. If these changes are accommodated a positive finding can be made with respect to LDR Section 2.4.5(M)(5). ALTERNATIVE ACTIONS A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to conditions of approval. C. Move a recommendation of denial to the City Commission of the request to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], based on a failure to make positive findings as the request is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M)(5). RECOMMENDED ACTION Move a recommendation of approval to the City Commission for the text amendment to add LDR Section 4.4.13(D)(22)[EPAMD Tour Operators] and to add LDR Section 4.3.3(ZZZZ) [Special Requirements for Specific Uses], by adopting the findings of fact and law contained in the Staff Report and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M)(5), subject to the following conditions of approval: 1. That the special conditions section be modified to include the modifications requested by staff. 2. That the following definition be added to Appendix "A" [Definitions] of the Land Development Regulations: "ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICES Any self-balancing, two-nontandem-wheeled device, designed to transport only one person, with an electric propulsion system with an average power of 750 watts (1 horsepower), the maximum speed of which, on a paved level surface when powered solely such a propulsion system while being ridden by an operator who weighs 170 pounds, is less than 20 miles per hour." Attachment: • Exhibit "A" [Applicant's Proposed Amendment] 8 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10.D. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO. 10-11 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearingto consider amending the Land Development Regulations (LDR) by repealing Section 4.3.3(d), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety; amending Sections 4.4.2, "Rural Residential (RR) Zone District", 4.4.3, "Single Family Residential (R-1) Districts", 4.4.5, "Low Density Residential (RL) District", 4.4.6, "Medium Density Residential (RM) District", 4.4.7, "Planned Residential Development (PRD) District", 4.4.17, "Residential Office (RO) District", 4.4.24, "Old School Square Historic Arts District (OSSHAD)", 4.4.29, "Mixed Residential Office and Commercial (MROC) District", to include residential licensed service provider facilities among the list of permitted uses in these zoning districts; amending Sections 4.4.6, "Medium Density Residential (RM) District"; 4.4.9, "General Commercial District" (GC), 4.4.13, "Central Business District (CBD), 4.4.16, "Professional and Office District", 4.4.17, "Residential Office (RO) District"; and 4.4.24, "Old School Square Historic Arts District (OSSHAD)"; to clarify that residential licensed service provider facilities and nursing homes are allowed where other residential uses are allowed in these zoning districts; amending Appendix "A", "Definitions", in order to provide updated definitions of "Residential Licensed Service Provider" and "Non-Residential Licensed Service Provider". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 10-ll. RECOMMENDATION Recommend approval of Ordinance No. 10-ll on second and final reading. ORDINANCE NO. 10-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS PY REPEALING SECTION 4.3.3(D), "RESIDENTIAL AND NON RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES" IN ITS ENTIRETY; AMENDING SECTIONS 4.4.2, "RURAL RESIDENTIAL (RR) ZONE DISTRICT", 4.4.3, "SINGLE FAMILY RESIDENTIAL (R-1) DISTRICTS", 4.4.5, "LOW DENSITY RESIDENTIAL (RL) DISTRICT", 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT", 4.4.7, "PLANNED RESIDENTIAL DEVELOPMENT (PRD) DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT", 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", 4.4.29, "MIXED RESIDENTIAL OFFICE AND COMMERCIAL (NIIZOC) DISTRICT" TO INCLUDE RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AMONG THE LIST OF PERMITTED USES IN THESE ZONING DISTRICTS; AMENDING SECTIONS 4.4.6, "MEDIUM DENSITY RESIDENTIAL (RM) DISTRICT"; 4.4.9, "GENERAL COMMERCIAL DISTRICT" (GC), 4.4.13, "CENTRAL PUSINESS DISTRICT (CSD), 4.4.16, "PROFESSIONAL AND OFFICE DISTRICT", 4.4.17, "RESIDENTIAL OFFICE (RO) DISTRICT"; AND 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)"; TO CLARIFY THAT RESIDENTIAL LICENSED SERVICE PROVIDER FACILITIES AND NURSING HOMES ARE ALLOWED WHERE OTHER RESIDENTIAL USES ARE ALLOWED IN THESE ZONING DISTRICTS; AMENDING APPENDIX "A" "DEFINITIONS", IN ORDER TO PROVIDE UPDATED DEFINITIONS OF "RESIDENTIAL LICENSED SERVICE PROVIDER" AND "NON- RESIDENTIAL LICENSED SERVICE PROVIDER"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plary and WHEREAS, the United States District Court for the Southern District of Florida, held in United States v. City of Baa Raton, that, "Out of the nine licensed service provider components, only three of them-the intensive inpatient treatment facilities, the Residential Treatment Facility, and the Day and Night Treatment Facilities- appear to implicate housing for recovering addicts. The other six licensed service provider components do not explicitly have to do with housing and thus do not appear to implicate the FHA. With regard to intensive inpatient treatment facilities, the Court finds that these facilities, which combine treatment and housing in the same location, are less like dwellings and more akin to hospitals legitimately prohibited from residential districts by the zoning ordinance." 2008 WL 686689, 6 (S.D.F1a. 2008); NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNffSSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.3.3, "Special Requirements for Specific Uses", Subsection (D), "Residential and Non Residential Licensed Service Provider Facilities", of the Land Development Regulations of the City of Delray Peach, Florida, shall hereby be repealed in its entirety as follows: „ „ 2 ORD. N0.10-11 rt~~ : ~t~ ~+ ~ not „~ +~.,, h t- r ~~.~n ~-.,, a,,.,,,~ d ~ea e a ea e !.1„ ~;~,,, „f 1-.~ ll~ ~ ~ ~,-.,a ^t^"^ i~' I' i sc ~ irC ~ ~ S~ i ~ S, ~ 6 c r, /~,a;.n,a„mil ,;~ ~l-.~ll~ ~.,~ 1-.~.~., l.;t.~, i ORD. N0.10-11 Sec. 4.3.3 .RESERVED. Section 4.3.3(D~ *Editor s note - "Residential and Non Residential Licensed Services Provider Facilities" was repealed by Ordinance No. ,passed , 2011. Section 3. That Section 4.4.2, "Rural Residential (RR) Zone District", Subsection (P), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Peach, Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RR) District as a permitted use: (1) Single family detached dwellings. (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3(HI~. (4) Assisted Living Facilities. (5) Residential Licensed Service Provider Facilities. Section 4. That Section 4.4.3, "Single Family Residential (R-1) Districts", Subsection (P), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Peach, Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 4 ORD. N0.10-11 (2) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (4) Pocket parks. (5) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3(HI~. (6) Assisted Living Facilities. (7) Residential Licensed Service Provider Facilities. Section 5. That Section 4.4.5, "Low Density Residential (RL) District", Subsection (P), "Principal Uses and Structures Pemutted", of the Land Development Regulations of the City of Delray Peacl-y Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RL) District as a pemutted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structure. (4) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (6) Pocket parks. (7) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3(HI~. (8) Assisted Living Facilities. (9) Residential Licensed Service Provider Facilities. 5 ORD. N0.10-11 Section 6. That Section 4.4.6, "Medium Density Residential (RM) District", Subsections (P), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the City of Delray Peach, Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (RM) District as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Type 1 and 2, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Pocket parks. (8) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3(HI~. (9) Assisted Living Facilities. (10) Transient Residential Use. (11) Residential Licensed Service Provider Facilities. (12) Nursing Homes within multi family structures only (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RM District. DE L E TE D NUMBS R (1) AND RENUMBERED. {~~ Child care and adult day care. 6 ORD. N0.10-11 {~~ Private educational facilities subject to the restrictions set forth in Section 4.3.3(1=~H1). {4)~ Churches, or places of worship, and their attendant educational, nursery, Sunday school, recreational, and columbarium facilities. The foregoing does not allow establishment of educational and care uses such as elementary school and general day care; however, such uses maybe established by a separate conditional use application for child care or rezoning to CF, as appropriate. {~~ The use of common recreational facilities such as swimming pools, tennis courts, and golf courses (associated with a subdivision) for club or commercial purposes. {~~ Single family detached residences in zero lot developments. has a marina. {~}~ Yacht club with facilities. {~~ Dock master facilities when associated with amulti-family development which ~~ Private beach clubs with attendant recreational, dining, and related accessory facilities within one of the following areas: (a) the area lying south of Atlantic Dunes Park and east of State Road A1A, or (b) south of Casurina Road north of Pucida road and east of State Road A1A. {~}~ Multiple family residential development, including residential licensed service provider facilities, may exceed helve (12) units per acre, up to a maximum of twenty-four (24) units per acre within the Southwest Neighborhood Overlay District defined in Section 4.5.9, subject to the provisions of Section 4.4.6(I), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Plan. {~} 10 Multiple family residential development, including residential licensed service provider facilities, may exceed helve (12) twits per acre, up to a maximum of twenty--four (24) twits per acre within the Carver Estates Overlay District as defined in Section 4.5.11 and up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. {~ 11 Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). {~4} 12 Large Family Child Care Home, subject to Section 4.3.3(TT). 7 ORD. N0.10-11 Section 7. That Section 4.4.7, "Planned Residential Development (PRD) District", Subsection (P), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Peach, Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following types of use are allowed within the (PRD) District as a pemutted use: (1) Single family detached dwellings whether conventional or zero lot line design. (2) Duplex structures. (3) Multiple family structures. (4) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3(HI~. (5) Assisted Living Facilities. (6) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (7) Residential Licensed Service Provider Facilities. (8) Nursing Homes within multi family structures only Section 8. That Section 4.4.9, "General Commercial (GC) District", Subsections (P), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allo~d", of the Land Developrent Regulations of the City of Delray Peach, Florida, shall hereby be amended to read as follows: (P) Principal Uses and Structures Permitted: The following are allowed within the GC District as permitted uses, except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) General retail uses and/or facilities, including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pham~acies, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice creamy 1aw~n care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, 8 ORD. N0.10-11 toys, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional, and Medical uses including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business offices, professional offices, and medical offices. (3) Contractor s Offices, including but not limited to: (a) Air conditioning, general contractor, electrical, painting, and plumbing however, any outside storage of materials is prohibited (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, financing e.g banks and similar institutions including drive-through facilities, Laundromats limited to self-service facilities, pet grooming, restaurants including drive-in and drive-through, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrrn-tastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g gyms and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking lots and parking garages, theaters excluding drive-ins. (5) Duelling units and residential licensed service provider facilities in the same structure as commercial uses provided that: commercial uses must be provided on the ground floor; commercial uses on the ground floor must occupy no less than 25% of the total structure excluding square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non residential uses are physically separated and have separate accessways; and the residential density does not exceed 12 units per acre, except the Four Comers District which may have a free standing residential building as part of amulti-building unified master plan or the residential component may be a part of a single mixed use building. The density of the Four Comers Master Plan shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). 9 ORD. N0.10-11 (6) Astrologists, clairvoyants, forh~e tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locational restrictions of Section 4.4.9(H)(3). (7) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway Overlay District by Section 4.4.9(G)(2) and except as modified in the Four Corners Overlay District by Section 4.4.9(G)(3)(c). DELETED (1)AND RENUMBERED {~}~ Amusement game facilities. {~~ Wash establishments or facilities for vehicles. {4)~ Child Care and Adult Day Care. {~~ Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. DELETED (7) AND RE NUMBS RE D {~}~ Drive-in Theaters. {~~ Flea Markets, bazaars, merchandise marts, and similar retail uses. {~}~ Funeral Horner. {~~ Gasoline Stations or the dispensing of gasoline directly into vehicles. ~~ Hotels and Motels. {~ 10 Free-standing multiple-family housing, including residential licensed service provider facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section {~ 11 Recreational establishments such as bowling alleys, gyrrn~asiums, health spas, miniature golf courses, skating rinks. 10 ORD. NO. 10-11 {~ 12 Sales and service of All Terrain Vehicles and personal watercraft (waver~mners, j et skis), with no outside display, outside storage or outside service. {~4) 13 Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. {~ 14 Veterinary Clinics. {~ 15 Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). {~) 16 Adult Gaming Centers. {~ 17 Churches or places of warship, and their attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area The foregoing does not allow establishment of educational and care uses such as elementary school and general day care. {~$} 18 Multiple family residential development, including residential licensed service provider facilities, may exceed twelve (12) units per acre, up to a maximum of eighteen (18) units per acre within the Infill Workforce Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7, and subject to the requirements of the RM District except for setback and height requirements, which shall be pursuant to this Section. {~ 19 Assisted Living Facilities, Nursing Horner, and Continuing Care Facilities subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. {~ 20 Large Family Child Care Home, subject to Section 4.3.3(TT). Section 9. That Section 4.4.13, "Central Business District (CSD)", Subsections (B), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the city of Delray Beach, Florida, shall hereby be amended to read as follows: (S) Principal Uses and Structures Permitted: The following types of use are allowed within the CSD District as a permitted use: (1) General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits 11 ORD. NO. 10-11 and vegetables, food garden supplies, gifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wring apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.4.13(H)(1) including, but not limited to: (a) Interior decorating, medical and laboratories, photographic studios, medical and professional offices. dental clinics, medical and dental printing and publishing, business, (3) Services and facilities including, but not limited to: (a) Auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations,laundromats limited to self-service facilities, pet grooming, restaurants excluding drive-in and drive-througly outdoor cafes, tailoring, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing, driving, gyrrn-tastics, photography, modeling, and karate-judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). (b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, commercial or public parking lots and parking garages. (c) Public open space plazas (4) Multi family dwelling twits, including residential licensed service provider facilities, but excluding duplexes, up to a maximum density of thirty (30) twits per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling twits per acre. Neighborhood (5) Hotels, motels, and residential-type inns except in the West Atlantic (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood subject to the provisions of Section 4.3.3(Y). 12 ORD. NO. 10-11 (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CSD District: DE L E TE D NUMBS R (1) AND RENUMBERED. {~~ Amusement game facilities limited to such uses as pinball, air hockey, electronic games, and other similar coin operated games when an attendant is on duty. {~~ Child care and adult day care. {4}~ Financial institutions, e.g, banks and similar institutions including drive through facilities pursuant to restrictions set forth in Section 4.4.13(I~(1). {~~ Funeral homes including accessory uses, such as, a chapel, crematory, and the like. {~}~ Gasoline stations or the dispensing of gasoline directly into vehicles, except that such use shall not be allowed in the West Atlantic Neighborhood the Peach District, nor on lots which front along Atlantic Avenue or N.E. 2nd Avenue (a/k/a Pineapple Grove Way), beginning at a point 105' south of N.E. 4~ Street. {~}~ Recreational establishments such as bowling alleys, gyrrn-rasiums, health spas, miniature golf courses, skating rinks. {$)~ Veterinary clinics. {~~ Movie theaters, excluding drive-ins. ~~ Playhouses, dinner theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances). {~ 10 Flea markets, bazaars, merchandise marts, and similar retail uses. {~ 11 Wash establishment, with automatic/mechanical systems only, for vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along Atlantic Avenue. Further, this use must be established on properly with a minimum lot area of 20,000 sq.ft. {~ 12 Multi-family dwelling units, including residential licensed service yrovider facilities, but excluding duplexes, at a density greater than thirty (30) units per acre, on properly located south of N.E. 2nd Street and north of S.E. 2nd Street, subject to the standards and limitations of Section4.4.13(I). 13 ORD. NO. 10-11 {~4) 13 Group Home, Type 2 and Community Residential Horner, pursuant to restrictions set forth in Section 4.3.3(I). {~ 14 Restaurants, Cocktail Lounges, Hotels, and Residential Type Inns may provide their required parking as valet parking, subject to the provisions of Section 4.6.9(F)(3). {~ 15 Drive-in or drive-through restaurants on properly located within the West Atlantic Neighborhood {~ 16 Hotels, motels, bed and breakfast inns, and residential-type inns on property located within the West Atlantic Neighborhood {~}~ Free standing or mixed use residential development, inc u residential licensed service provider facilities at a density greater than t~lve (12) units per acre, but not exceeding 30 units per acre, on property located within the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(I). {~} 18 Sed and Breakfast Inns within the West Atlantic Neighborhooc>, subject to the provisions of LDR Section 4.3.3(Y). {~$} 19 Live/Work Unit, subject to Section 4.3.3 (KKK). {~ 20 Large Family Child Care Home subject to Section 4.3.3(TT). Section 10. That Section 4.4.16, "Professional and Office District", Subsection (D), "Conditional Uses and Structures Allowed", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the POD District: (1) Educational facilities, training centers, and vocational schools. {4)~ Veterinarian Clinics. {~}~ Funeral Horner. {~~ Licensed professional providers of personal services e.g. pedicurist, beauticians, and cosmetologists. 14 ORD. NO. 10-11 Section 11. That Section 4.4.17, "Residential Office (RO) District", Subsections (S), "Principal Uses and Structures Permitted" and (D), "Conditional Uses and Structures Allo~d", of the Land Developrnent Regulations of the City of Delray Beach, Florida, shall hereby be amended to read as follows: (S) Principal Uses and Structures Permitted: The following types of use are allowed within the RO District as a permitted use: (1) Single family detached dwellings units. (2) Duplex structures. (3) Business, Professional, and Medical offices. (4) Abused spouses residence limited to forty (40) or fewer residents. (5) Funeral Parlors, funeral homes. (6) Parking lots not associated with a use, pursuant to an adopted neighborhood or redevelopment plan. (7) Group Home, Type 1 pursuant to restrictions set forth in Section 4.3.3(I). (8) Assisted Living Facilities and Nursing Horner. (9) Residential Licensed Service Provider Facilities. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the RO District: (1) Child care and adult day care. {~}~ Bed and breakfast establishments. {4)~ Group Home, Type 2, and Community Residential Horner, pursuant to restrictions set forth in Section 4.3.3(I). {~} ~ Large Family Child Care Home, subject to Section 4.3.3(TT). 15 ORD. NO. 10-11 Section 12. That Section 4.4.24, "Old School Square Historic Arts District", Subsections (B), "Principal Uses and Structures" and (D), "Conditional Uses and Structures Allo~d", of the Land Development Regulations of the City of Delray Seach, Florida, shall hereby be amended to read as follows: (S) Principal Uses and Structures: The following types of uses are allowed within the OSSHAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, book stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and/or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing, pottery, sculpture, stained glass. (6) Educational and/or Instructional activities including training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit down nature such as a cafe, snack shop, full service dining but excluding any drive-in and/or drive-through facilities or features. cosmetologists. (8) Providing of personal services such as barbershops, beauty shops, salons, (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10) Catering services not associated with a restaurant, subject to the special regulations of Section 4.4.24(H). (11) Group Home, Type 1, pursuant to restrictions set forth in Section 4.3.3(I). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(5) pursuant to the base district and special regulations of the Central Business District regulations shall also be allowed in the OSSHAD: (a) Lots 13-16, Flock 60 (b) Lots 1- 4, Flock 61 (c) Lots 1- 7 and 19-24, Flock 69 16 ORD. NO. 10-11 (d) Lots 7- 8, and the South 34.75 feet of Lot 6, Plock 75; and (e) Lots 1- 6, Slock 76 (13) Assisted Living Facilities. (14) Residential Licensed Service Provider Facilities. (15) Nursing Homes. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSHAD: (1) Outdoor dining which operates at night or which is the principal uses or purpose of the associated restaurant. (2) ;,-, c,,,+;,,,-. '' .2.2 ~`, Child Care, and Adult Day Career (3) Public Parking lots not associated with a use. (4) Residential type inns, not to exceed more than eighteen (18) individually leased suites or rooms per acre. (5) Group Home, Type 2, and Community Residential Horner, pursuant to restrictions set forth in Section 4.3.3(I). (6) Large Family Child Care Home, subject to Section 4.3.3(TT). Section 13. That Section 4.4.29, "Mixed Residential, Office and Commercial (NIIZOC) District", Subsection (S), "Principal Uses and Structures Permitted", of the Land Development Regulations of the City of Delray Seach, Florida, shall hereby be amended to read as follows: (S) Principal Uses and Structures Permitted: The following types of uses are allowed within the MROC district as permitted uses: (1) Office Center: The "Office Center" uses within an MROC development may comprise as much as one hundred percent (100%) of the total building square footage within the development. These uses can include: (a) Financial Institutions, e.g., banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g, physicians, dentists, chiropractors, podiatrists, optometrists, etc. 17 ORD. NO. 10-11 (c) Professional Offices, e.g., attorneys, engineering firms, architectural (d) Governmental offices, e.g, including federal, state, county, and local offices, along with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement offices and facilities, post office, public utility facilities, communication togs and community facilities such as civic centers, cultural facilities, hbraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, primarily engaged in rendering services to other building establishments, e.g, such as mailing, building maintenance, personnel and employment services, management, and consulting services, protective services, copy and printing, travel, office supply, and similar services. (2) Research and Development: Research and Development (R&D) uses involve either some degree of product creation, testing, evaluation, and development or the provision of testing and evaluation services for use by others. R&D uses may constitute 100% of the total building square footage within the development. Examples of such uses or resulting products include: (a) Product Creation, Testing, Evaluation, and Development: 1. computer hardware 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing laboratories 4. soil laboratories 5. scientific research laboratories (3) General Retail Uses: Retail uses not to exceed 20% of the total building square footage of the development, including, but not limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor, confectioneries, cosmetics, meats, medicines and prescriptions, flogs and plants, fruits and vegetables, food gifts, glassware, ice creamy leather 18 ORD. NO. 10-11 goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet supplies, photographic equipment and supplies, sewing supplies, sporting goods, toys, wearing apparel and accessories, appliances, bicycles, business machines, j ewekry. (b) Barber and beauty shops and salons, caterers, dry cleaning limited to on site processing for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, museums, libraries, newsstands, commercial or public parking lots and parking ~'~• (4) Multi-family Dwelling Units: Multi-family uses, including residential licensed service provider facilities, but excluding duplexes subject to (c)(1)(2)(3) and (4) below, ranging in densitybetween 40 and 50 units per acre subject to the following; (a) Residential units within 1,000 linear feet of the Tri Rail Transit station (measured by airline route) may comprise 100% of the total floor area of the development master plan at a maximum density of (50) units per acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel (b) Residential units between 1,001 and 2,500 linear feet of the Tri-Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel. (c) Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station may comprise 75% of the total floor area of the development master plan at a maximum density of (40) twits per acre and only when proposed as part of a mixed use development containing office and/or commercial uses. 1. Residential developments must include a minimum of 20% workforce units consisting of moderate income workforce units as defined by Article 4.7 Family/Workforce Housing. 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.7.7, 4.7.8, 4.7.9, and 4.7.10. Notwithstanding the above, 19 ORD. NO. 10-11 residentially developed sites within 1,000 linear feet (measured by airline route) of the Tri Rail station can contain 100% workforce housing units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. 3. For mixed use developments, the shared parking provisions of LDR Section 4.6.9. (C)(8) shall be allowed 4. All residential developments shall be subject to the Performance Standards of 4.4.13(I)(2). (5) Hotel, Motel and Residential All Suite Lodging: These types of uses may comprise up to 20% of the total floor area of the overall master plan. For the purpose of calculating the percentages of uses within the development master plary multiple hotels, motels, and residential all suite lodging uses will be considered one specific use category. (6) Assisted Living Facilities, Nursing Homes, and Continuing Care Facilities subject to the requirements set forth in Section 4.4.29(5)(4) a, b, and c above. Section 14. That Appendix "A", "Definitions", of the Land Development Regulations of the City of Delray Seach, Florida, shall hereby be amended as follows: NON-RESIDENTIAL LICENSED SERVICE PROVIDER ~' ^~T Shall mean a provider or Any facility ~•~;~'-~ , •~" '~~ licensed , under Fla Stat. Sections 397.311(18~(a)1, "Addictions Receiving Facility"; 397.311(18~(a)4, "Detoxification'; 397.311 18~(a)5, "Intensive Inpatient Treatment"; and 397.311(18~(a)7, "Medication Assisted Treatment for Opiate Addiction'. RESIDENTIAL LICENSED SERVICE PROVIDER Shall mean a service provider or facility licensed under Fla. Stat. Sections 397.311(18~(a)2, "Da, ought Treatment", 397.311(18~(a)3, "Day or Night Treatment with Community Housing", and 397.311(18~(a)9, "Residential Treatment" 3°''~z~ta for the purposes of providing a structured live-in environment within a non hospital setting on a 24-hours-a day, 7 days-a Lek basis, and which includes: {a} Facilities that provide room and board and treatment and rehabilitation within the primary residential facility.-~ Residential family unit, duplex unit, or multi family twit in the zoning districts where allowed. 20 ORD. NO. 10-11 Section 15. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 16. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 17. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST: MAYOR City Clerk First Reading Second Reading 21 ORD. NO. 10-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 2 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 9, 2011 SUBJECT: AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 10-ll (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Consideration of achy-initiated ordinance to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers and specify the zoning districts in which such uses are allowed. This is accompanied by two (2) other related ordinances (09-ll and 11-ll); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. 10-ll repeals Section 4.33 (D), "Residential and Non-Residential Licensed Service Provider Facilities" in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated the same as any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are not supported by current case law. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are being added as permitted uses subject to regulations applied to all residential uses. These include regulations that control transient residential uses, landlord permits, and the definition of `family.' Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4284&MeetingID=288 3/16/2011 Coversheet meeting. RECOMMENDATION Page 2 of 2 By motion, approve on first reading Ordinance No.10-ll for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1VI) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4284&MeetingID=288 3/16/2011 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2011 SUBJECT: AGENDA ITEM 10.E. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO.09-11 (SECOND READING/SECOND PUBLIC HEARINGI ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and second public hearingto consider amending the Land Development Regulations (LDR) by amending Sections 4.4.12, "Planned Commercial (PC) District; 4.4.15, "Planned Office Center (POC) District", 4.4.21, "Community Facilities (CF) District"; enacting a new Section 4.5.18, "Medical Arts Overlay District", to provide for the creation and implementation of the Medical Arts Overlay District; and amending Appendix "A", "Definitions", of the Land Development Regulations (LDR) to define "Institutional Uses". BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 09-ll. RECOMMENDATION Recommend approval of Ordinance No. 09-ll on second and final reading. ORDINANCE N0.09-11 AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH PY AMENDING SECTIONS 4.4.12, "PLANNED COMMERCIAL (I'C) DISTRICT; 4.4.15, "PLANNED OFFICE CENTER (POC) DISTRICT; 4.4.21, "CONIlVILJNITY FACILITIES (CF) DISTRICT"; ENACTING A NEW SECTION 4.5.18, "MEDICAL ARTS OVERLAY DISTRICT", TO PROVIDE FOR THE CREATION AND IMPLEMENTATION OF THE MEDICAL ARTS OVERLAY DISTRICT; AND AMENDING APPENDIX "A", "DEFINITIONS", OF THE LAND DEVELOPMENT REGULATIONS TO DEFINE "INSTITUTIONAL USES"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein Section 2. That Section 4.4.12, "Planned Commercial (I'C) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.12 Planned Commercial (PC) District: (A) Purpose and Intent: The Planned Commercial (I'C) District provides for retail, office, and other commercial activities to be established on large sites in a well planned functional, and aesthetically pleasing manner. Residential uses may use be permitted as part of a mixed use development within the Four Corners Overlay District, provided at least 20% of the units are workforce housing units which comply with the provisions of Article 4.7, "Family/Workforce Housing." The maximum density is thirty (30) units per acre. The actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.13(I)(2). Institutional uses may also be permitted as part of the Medical Arts Overlay District. The PC District shall be applied to properties designated as commercial on the Future Land Use Map where the unified development is, or will be, in excess of five (5) acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or to ensure that certain high visibility areas are attractively developed (S) Principal Uses and Structures Permitted: The following types of use are allowed within the PC District as a permitted use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1) All uses allowed as such within the GC District [Section 4.4.9(5)(1) through (5) and (7)]. (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair werk (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(b): (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the same parcel provided that such storage facilities are not shared or leased independent of the prirriaty commercial use of the site. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area # 6) Overlay District and the Silver Terrace Courtyards Overlay District by Section 4.4.12(G) and within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(c): (1) All uses allowed as such within the GC District [Section 4.4.9(D)]. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerts, live performances) (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). 2 ORD. N0.09-11 (4) Adult Gaming Centers. (5) Live/Work Unit, subject to 4.3.3(KKK). (E) Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Site Plan Review and Appearance Poard pursuant to Sections 2.4.5(F), 2.4.5(H), and 2.4.5(I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (4) A Master Development Plan may be processed for large scale or phased projects. (5) All development within the Four Comers Overlay District shall comply with the provisions of Section4.4.9(E)(4). (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(F)(3). (1) Special Landscape Area Within the first ten feet (10') of the front yard setback area (abutting the property line) full landscaping shall be provided Driveways and sidewalks shall be accommodated only when generally perpendicular to the properly line. (2) Any free-standing structure shall have a minimum floor area of 6,000 square feet; shall be architecturally compatible with other structures, shall take access from the interior circulation system of the development and shall be able to meet all code requirements if it ~re to be situated on an outparcel. Architectural compatibility shall be determined pursuant to Section 4.6.18. (G) Supplemental District Regulations: In addition to the supplemental district regulations set forth in Article 4.6, the following shall apply. (1) Development within the Lindell/Federal Redevelopment Area Overlay District (Redevelopment Area # 6) shall be consistent with the provisions contained within the adopted Redevelopment Plan for the area, as particularly descnbed under the chapter entitled "Section 4: Plan for Future Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C-15 canal on the south, Federal Highway on the east, and Avenue K (extended) on the north, multiple family residential development with densities of up to 16 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium 3 ORD. N0.09-11 Density Residential) Zoning District, subsection (I), Performance Standards, and based upon the development's conforiance with the applicable standards and criteria descnbed within the adopted Redevelopment Plan (3) Dwelling units are permitted within the same structure as commercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential uses and nonresidential uses must be physically separated and have separate accessways. (4) All development within the Four Corners Overlay District shall also comply with the provisions of Section 4.4.9(G)(3)(d) and (e). (5) Within the Silver Terrace Courtyards Overlay District, as defined by Section 4.5.17, multi-family residential and mixed use development with residential densities up to 22 units per acre is allowed as a conditional use, subject to the provisions of LDR Section 4.4.6 RM (Medium Density Residential) Zoning District, subsection (I), Performance Standards, provided at least 20 % of the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce Housing". The maximum nonresidential Floor Area Ratio (FAR) within the overlay district is 0.75. (a) Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated care. (H) Special Regulations: (1) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this maybe accomplished by affixing the added designation of "S" (Small Scale) to the PC designation (i.e. PC-S). In such designated development, the maximum floor area which can be allocated to a single tenant or specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g. although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shall not exceed 60,000 sq.ft.). (2) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). (3) No Clubs and Lodges (social, fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot line to lot line boundary along a straight airline route. 4 ORD. N0.09-11 Section 3. That Section 4.4.15, "Planned Office Center (POC) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.15 Planned Office Center (POC) District: (A) Purpose and Intent: (1) The Planned Office Center (POC) District provides for the concentration of office and support uses in a well planned and managed environment. It is not intended that the District be for commercial activities in which goods and merchandise are stored displayed or sold except as appropriate to meet the needs of users of the POC. (2) A POC is to be planned and developed on land under unified control and as a single development, or in a programmed series of development phases. Unified control may be achieved through single ownership or the existence of binding agreements among owners of individual parcels therein (3) Institutional uses may also be permitted as part of the Medical Arts Overlay District. (P) Principal Uses and Structures Permitted: The following types of use are allowed within the POC District as a pemutted use: (1) Parks and financial institutions including drive-in and drive-through facilities. (2) Prokerage establishments, including watercraft, aviation, and motor vehicles but without on premises storage of items, except that securities brokers may store securities brokered by them on the premises. (3) Pusiness offices. (4) Computer and data management services, including the servicing of hardware. (5) Medical offices. (6) Medical Clinics (7) Medical and dental laboratories. (8) Professional offices. (9) Photographic studios. (10) Real estate, insurance, accounting, travel arrangements and similar services. 5 ORD. N0.09-11 (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Ancillary uses such as retail sales of convenience items, newspapers, candies; lunch counters, cafeteria, snack shop; exercise facility; when located within an office structure and designed for use of employees and their guests. (4) Ancillary uses such as galleries, displays, meeting and conference facilities when relate to the purpose and use of the specific POC complex. (D) Conditional Uses and Structures Allowed: The following uses are allo~d as conditional uses within the POC District: (1) Restaurants, excluding drive-in and drive-through facilities. (2) Child care and adult day care. (3) Residential all suite lodging (residential inns). (4) Health spas, fitness centers, and exercise facilities which are open to the general public (E) Review and Approval Process: (1) In established structures, uses shall be allo~d therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development approval must be granted by the Site Plan Review and Appearance Poard with respect to Sections 2.4.5(F), (I~, and (I). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(E). (F) Development Standards: In addition to the development standards set forth in Section 4.3.4, the following shall apply: (1) 1VTinimum site area for the total POC is to be three (3) acres with individual development parcels allowed to be one acre in size. However, the approving body may grant a waiver to the three acre requirement upon a determination that the development is consistent with the purpose 6 ORD. N0.09-11 and intent of the POC District and there exists good cause for not combining properties or aggregating additional property. (2) When abutting residentially zoned property, a twenty--five foot (25') setback must be provided (3) Any free-standing structure shall have a minimum floor area of 4,000 square feet; shall be architecturally integrated with other structures; shall have direct access to and from other portions of the POC. (G) Supplemental District Regulations: The supplemental district regulations as set forth in Article 4.6 shall apply except as modified by, or added to, as follows: (1) The first ten (10) feet of the front yard setback which is adjacent to a right-of- way shall be a landscaped area. Within this area, no paving shall be allowed except for access drives and pedestrian ways which should be generally perpendicular to the properly lines. a) Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatment Facilities, including residential care. (H) Special Regulations: (1) Documentation which constitutes evidence of unified control of the entire area within a POC must be provided at the time of submission of the site and development plan. (2) A program for full provisiony maintenance, and operation of common areas, improvements, facilities, and services for the common use of occupants of the POC and which specifically provides that no such elements or features shall be provided or maintained at the public's expense must be provided at the time of submission of the site and development plan. (3) Executed agreements, contracts, covenants, deed restrictions, sureties, or other legal arrangements for the maintenance, repair, and operation of matters under Subsection (H)(2) and which bind successors in title to any such commitments shall be provided prior to certification of a POC site and development plan. (4) 24-Hour or late night businesses as defined herein must be processed as a conditional use and are subject to the provisions of Section 4.3.3(W). 7 ORD. N0.09-11 Section 4. That Section 4.4.21, "Community Facilities (CF) District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby amended to read as follows: Section 4.4.21 Community Facilities (CF) District: (A) Purpose and Intent: The Community Facilities (CF) District is a special purpose zone district prirnarily, but not exclusively, intended for locations at which facilities are provided to serve public, semi public, and private purposes. Such purposes include governmental, religious, educational, health care, social service, and special facilities. It is also applied to regulated properties subjected to a transfer of development rights pursuant to Section 4.6.20. In addition, this district has provisions for the Medical Arts Overlay District. The CF District is deemed compatible with all land use designations shown on the Future Land Use Map. (P) Principal Uses and Structures Allowed: The following types of use are allov`ed within the CF District as a permitted use: (1) Governmental, such as: civic centers, courts, courthouses, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, community centers, community theater, cultural facilities and auditoriums, arts and crafts centers, lrbraries, museums, public parking lots and ~'~• (3) Recreation, such as: community centers, tennis centers, swimming centers. (4) Services, such as: abused spouse residences, child care centers, day care centers. (5) Religious, such as: churches and places of worship with attendant uses of day care, pre-school, educational facilities, and with other normal educational (SLmday school) and recreational facilities, and support facilities (e.g, parsonage). (6) Restricted usage allov`ed pursuant to an ordinance enacted to sever developments rights under a Transfer of Developments (TDR). (See Section 4.6.20). (7) Public educational facilities of The School District of Palm Peach County, pursuant to the regulations set forth in Section 4.3.3 (HH). (8) Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the property. 8 ORD. N0.09-11 (9) Assisted Living Facilities and Continuing Care Facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section (C) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory to, the principal use: (1) Parking lots and garages. (2) Service and Refuse Areas. (3) Cafeterias, snack bats, restaurants, exercise facilities, etc., when contained in the same structure as the principal use. (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside location. (5) Concessions and services provided under a license agreement with the City. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the CF District: • ; {~}~ Private educational facilities pursuant to the regulations set forth in Section 4.3.3 (HHH), and vocational schools except for training or programs which can be conducted in multipurpose buildings or offices (e.g a dance school, real estate school, etc.) which maybe located in various commercial districts, pursuant to the regulations set forth in Section 4.3.3 (HI lI I). {~}~ Services, such as: Community Residential Homes and Group Homes, Type 2, pursuant to restrictions set forth in Section 4.3.3(I), Senior Housing as set forth in Section 4.3.3 (II). {4)~ Transportation, such as: bus stations, railway stations, taxi dispatch (more than one taxi), and park and ride areas. {~}~ Special Services and Facilities, such as: privately operated parking lots and garages; stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(Z); and power transfer stations. (E) Review and Approval Process: 9 ORD. N0.09-11 (1) In established structures, principal and accessory uses shall be allowed therein upon application to, and approval by, the Chief Pudding Official for a certificate of occupancy. (2) For any new development, approval must be granted by the Historic Preservation Poard or the Site Plan Review and Appearance Poard pursuant to Sections 2.4.5(F), 2.4.5(H), and (I). (3) Conditional uses must be approved pursuant to Section 2.4.5(E). (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply as guidelines for site development While deviations from these standards are allowed, each deviation must be specifically approved by the Historic Preservation Poard or the Site Plan Review and Appearance Poard (G) Supplemental District Regulations: eke In addition to the supplemental district regulations ~as set forth in Article 4.6, the following sup~lerr~ental district regulations shall apply in the CF District. (1) Medical Arts Overlay District: The following sup~lernental district regulations avnly to the Medical Arts Overlay District, as defined in Section 4.5.18. zr> > (a) In addition to the uses listed in 4.4.21(P), the following uses are allowed as penrdtted uses: 1. Institutional uses, such as: Non residential Licensed Service Provider Facilities; Hospitals, with or without helipads and associated laboratories; Treatment Centers; Rehabilitation Centers; Testing Facilities; and Mental Health Treatrr~ent Facilities, including residential care. (H) Special Regulations: (1) The perirrieter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and wallcways leading to structures on the premises. Such driveways and wallcways shall be generally perpendicular to the property line. (2) When this zone district is adjacent to residential zoning, the perimeter landscape area should be increased to a depth of fifteen feet (15'); or, as an alternative, either a wall, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. (3) For CF zoned properties located within the West Atlantic Avenue Redevelopment Area, a minimum of 10% non vehicular open space shall be provided 10 ORD. N0.09-11 Notwithstanding the provisions of this section, the body acting upon a development application may require additional open areas, including but not limited to courtyards, plazas, and landscaped setbacks, in order to add interest and provide relief from the building mass. All landscape requirements for parking lots and buffering of residential properties, pursuant to Sections 4.6.5 and 4.6.16, shall apply. Section 5. That Section 4.5.18, "Medical Arts Overlay District," of the Land Development Regulations of the City of Delray Peach, Florida, be and the same is hereby enacted to read as follows: Section 4.5.18 Medical Arts Overlay District (A) Defined: The Medical Arts Overlay District is hereby established to include the following area: The North half (N 1/z) of the Northeast auarter (NE 1/4) of Section 26, Township 46 South, Range 42 East,1,n~ng South of the Linton Poulevard road right-of-way East of the LWDD E-3 Canal right-of way and West of the Military Trail road right-of-way; together with Parcel 1, Delray Town Center, a Subdivision in Palm Peach County Florida as per the Plat thereof recorded in Plat Book 65, Page 189, of the Public Records of Palm Peach County; together with Parcel A, De1ra~utpatient Properties Plat, a Subdivision in Palm Peach County Florida as per the Plat thereof recorded in Plat Book 99, Page 197, of the Public Records of Palm Peach CoLmty; together with the Northwest auarter (NW 1/4) of the North~st quarter (NW 1/4~, of Section 25, Township 46 South, Range 42 East, leg South of the Linton Poulevard road right-of-way and East of the Military Trail road right-of-way less the South half (S ~/z) of the Southeast quarter (SE ~/4) of the North~t Quarter (NW ~/4 0 Northwest Quarter (NW 1/4~ (P) Mai of Overlay District ORD. N0.09-11 Section 6. That Appendix "A", "Definitions", of the Land Developrnent Regulations of the City of Delray Seach, Florida, shall herebybe amended as follows: Health Treatment Facilities, and Non Residential Licensed Service Provider Facilities. Section 7. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 8. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 9. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2011. ATTEST City Clerk First Reading Second Reading MAYOR 12 ORD. N0.09-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 9, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE N0.09-11 (FIRST READING/FIRST PUBLIC HEARING ITEM BEFORE COMMISSION Page 1 of 1 Consideration of achy-initiated amendment regarding an ordinance to amend the Land Development Regulations (LDRs) to create and implement the Medical Arts Overlay District. This is accompanied by two (2) other related ordinances (10-11 and 11-11); all three ordinances address how the city regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Following is a brief description of Ordinance No. 09-11: Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses Community Facilities (CF), Planned Office Center (POC), and Planned Commercial (PC) zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are within the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal- Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. 09-11 for achy-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4288&MeetingID=288 3/16/2011 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 = L O W S O N B O U L E V A R D VERDES S OipO SHERWO OD B OUL EVA RD M I w ~ P ~ o J Q Z Q U _ ~ ~ LAS VERDES DRIVE ~qS G~RG~~ VERDES 3 rc a P PALM L I N TON I B O U L E VAR D PC P /1 ^'L/ TEMPLE DRI P C 1 / BL OSSO M D CF CF POC L AKELAND 0 ~ I w J Q Nth{ LAKE Ov CIRCLE ~ ~ ~ ~ O O °0 0 - Vq~E.NC/q Z CASA REAL = Q U ~ ~ 4AC l1 ~ yq 1 PO ~' DRIVE O ~ ~ OR. GARDEN ~qN N MEDICAL ARTS OVERLAY ~ SUBJECT PROPERTY DISTRICT PLANNING AND ZONING DEPARTMENT ZONING MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1225_Medical Arts Overlay ~ ~„ ~~ ~ ~ F + s~ - ,, r ~ ]l ~ l~~ f ~.v~.l~ `~ 1 , ~' ~~~ o ~y, - .*~` 1 S. ~ a ~ i .. , a ~ ., ~ r ~ ., _. -~- t s ~ ,. a ~ .1. - .. i' ` t ~ s ~~~a~ "_i„ + '. ~ 7 -~'f ~~. : ~ ~ ~ ~ -~+, ,... .'w ' ad.x . ~' . ~ ' ~ y` 1 _ i S S x} . y 4 -~ l 1. ~ I I _ ~ ~~~ ~ I ~ - ~__ _ it' ti Ii ,. + .' . ~ - i ~, N ~ ~,. _ iil i . ~ ... / i1 r1 T ~'.~ ~- 4 ~ • ,) ~'k4 y r ' ~~ ~ , 17 ~ ~ ~ ~t L ~^ 4:~~~,,,^f v ii ~ ~~ . ~ i, L. ~ '.4 ~ 3'1~ ~ ~ I~ _... ~ ~ ~f s~ i.. ' ' ~ . - ~ ~ F a ~ ~ ~ i ~~. 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Harden, City Manager DATE: March 21, 2011 SUBJECT: AGENDA ITEM 10.F. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO. 11-11 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider acity-initiated amendment to Land Development Regulations (LDR) Appendix "A", "Definitions", to provide a revised definition for Medical Office. BACKGROUND At the first reading on March 15, 2011, the Commission passed Ordinance No. 11-ll. RECOMMENDATION Recommend approval of Ordinance No. 11-ll on second and final reading. ORDINANCE NO. 11-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, PY AMENDING APPENDIX "A", "DEFINITIONS", TO ENACT A REVISED DEFINITION FOR "MEDICAL OFFICE", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Peach has the authority to protect the health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Peach has the authority to make regulations pertaining to land use and development within the City of Delray Peach; and WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard, sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plary and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Appendix "A", "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peacl-y Florida, is hereby amended as follows: MEDICAL OFFICE Shall mean an office providing services to the public by physicians, dentists, surgeons, chiropractors, osteopaths, physical therapists, nurses, acupuncturists, podiatrists, optometrists, psychiatrists, (who are also known as health care practitioners) or others who are duly licensed to practice their respective professions in the State of Florida, as well as others, including but not limited to technicians and assistants, who are acting Linder the supervision and control of a licensed health care practitioner. Also included in this section shall be all providers or facilities licensed under Fla Stat. Sections 397.311(18~(a)6, "Intensive Outpatient Treatment" and 397.311(18~(a)8, "Outpatient Treatment". Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith shall be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this day of 2010. MAYOR ATTEST: City Clerk First Reading Second Reading 2 ORD. NO. 11-11 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 9, 2011 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF MARCH 15, 2011 ORDINANCE NO. 11-11 ITEM BEFORE COMMISSION Page 1 of 1 Consideration of acity-initiated ordinance to amend the Land Development Regulations (LDRs) by amending the definition of "Medical Office." This is accompanied by two (2) other related ordinances (09-ll and 10-ll); all three ordinances address how the City regulates Residential and Non-Residential Licensed Service Providers. BACKGROUND Ordinance No. ll-ll revises the Medical Office definition to include the outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non-institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses, including intensive inpatient treatment facilities, will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. REVIEW BY OTHERS The Planning and Zoning Board voted 5 - 0 recommending approval at their February 28, 2011 meeting. RECOMMENDATION By motion, approve on first reading Ordinance No. ll-ll for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(1VI) of the Land Development Regulations. http://itwebapp/AgendaIntranetBluesheet.aspx?ItemID=4285&MeetingID=288 3/21/2011 ITEM BEFORE THE BOARD MEETING DATE: FEBRUARY 28, 2011 AGENDA NO: IV. B. AGENDA ITEM: CONSIDERATION OF THREE CITY-INITIATED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS (LDR) RELATED TO THE DELETION OF SPECIAL REGULATIONS THAT PERTAIN TO RESIDENTIAL LICENSED SERVICE PROVIDERS (SECT. 4.3.3) AND TO FURTHER ALLOW THEM AS PERMITTED USES IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); CREATING A MEDICAL ARTS OVERLAY DISTRICT (SECT. 4.5.18); ADDING INSTITUTIONAL USES WHEN LOCATED WITHIN THE MEDICAL ARTS OVERLAY DISTRICT IN SPECIFIED ZONING DISTRICTS (ARTICLE 4.4); AMENDING APPENDIX "A" TO PROVIDE UPDATED DEFINITIONS FOR RESIDENTIAL LICENSED SERVICE PROVIDER, NON-RESENTIAL LICENSED SERVICE PROVIDERS, MEDICAL OFFICE, AND INSTITUTIONAL USES. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding three (3) city-initiated ordinances to amend the Land Development Regulations (LDRs) to repeal current specific regulations pertaining to Residential and Non-Residential Licensed Service Providers, allowing Residential Licensed Service Providers as a permitted use, creating a Medical Arts Overlay District, and amending the associated definitions. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Following is a brief description of the three (3) ordinances: Ordinance No. 10-11 pertains to Section 4.3.3 (D), "Residential and Non-Residential Licensed Service Provider Facilities". It is being repealed in its entirety in order to clarify that the residential component of these facilities shall be permitted as of right, the same as other residential uses in the various zoning districts where residential uses are allowed. These changes are being processed to bring our code up to current legal standards based on recent case law. Recent case law has determined these Residential Licensed Service Provider uses must be treated similar to any other residential use. The Special Regulations Section 4.3.3 currently contains restrictive elements specific to Residential Licensed Service Providers, such as minimum separation distances, minimum floor area for bedrooms, minimum floor area devoted to common areas, locational restrictions (not within 1200 feet of any private or public school), etc. These Sections are being repealed, as they are unconstitutional. Further, Residential Licensed Service Providers are allowed as a conditional use or not at all in certain residential districts. To comport with current case law they are to be added as permitted uses subject to regulations applied to all residential uses. Also nursing homes where allowed are being moved from uses permitted by conditional use to permitted by right, to maintain consistency. Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Ordinance No. 11-11 revises the Medical Office definition to include the Outpatient programs referenced in Section 397.311 of the Florida Statutes dealing with Substance Abuse Services. This is to clarify and differentiate between outpatient medical treatment and intensive inpatient medical treatment including detoxification facilities which are institutional in nature. Non- institutional medical uses are currently, and will continue to be, allowed in medical office districts. Institutional medical uses including intensive inpatient treatment facilities will be allowed in the new Medical Arts District. Many of our zoning districts that allow medical office uses are in mixed districts that allow residential uses or are located in close proximity to residential uses. Recent case law has found that intensive inpatient treatment facilities are less like dwellings and more akin to hospitals and can be legitimately prohibited from residential districts. Ordinance No. 09-11 creates a Medical Arts Overlay District to include institution-like uses including hospitals and non-residential licensed service provider facilities (intensive inpatient/ detoxification type facilities) within the overlay district which encompasses CF, POC and PC zoning districts. These institutional uses are included under the list of permitted uses within the portion of these zoning districts that are included in the Medical Arts Overlay District. An amended definition for Institutional Uses is also included. The overlay district encompasses the general area of Military Trail and Linton Blvd. and includes the existing Delray Medical Center, the South County Mental Health Center, Inc., Fair Oaks Hospital, Palm Court Plaza, Wal-Mart Center, Delray Town Center, Delray Outpatient Properties, Linton Oaks Square, Linton Office Park, and the South County Professional Centre Condo. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. The following were identified as relevant to this amendment: GOAL AREA "A" LAND WITHIN THE PLANNING AREA SHALL BE DEVELOPED OR REDEVELOPED, TO SUSTAIN AND ENHANCE THE EXISTING QUALITY OF LIFE, COMPLIMENT AND BE COMPATIBLE WITH EXISTING LAND USE AND RESULT IN A MIXED, BUT PREDOMINATELY RESIDENTIAL COMMUNITY WITH A BALANCED ECONOMIC BASE AND ENCOURAGE ACCESSIBLE AFFORDABLE EVERYDAY SERVICES. Objective A-1 Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. Intensive inpatient treatment facilities that combine treatment and housing in the same location have been determined to be less like dwellings and more akin to institutional uses like hospitals and can be legitimately prohibited from residential zoning districts. The Medical Arts Overlay District is being created to provide an area for the institutional uses and will allow Non-residential Licensed Service Providers, Hospitals, Treatment Centers, Rehabilitation Centers, Testing Facilities, and Mental Health Treatment Facilities. Accompanying ordinances will allow non- institutional medical uses within districts that allow medical uses. The Residential Licensed 2 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Service Provider use will be allowed as permitted use within residential districts consistent with the other residential uses. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following civic associations: ^ Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Citation Club ^ Shadywoods ^ Lakeview Civic Association ^ Sherwood Park Civic Association ^ Rabbit Hollow ^ Spanish Wells ^ Crosswinds ^ Abbey Delray South ^ Andover ^ Hammock Reserve Homeowners Association ^ Country Lake Homeowners Association ^ Del-Aire Homeowners Association ^ Verona Woods ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses. , by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Special Regulations That Pertain To Residential Licensed Service Providers (Sect. 4.3.3) And To Further Allow Them As Permitted Uses In Specified Zoning Districts (Article 4.4); Creating A Medical Arts Overlay District (Sect. 4.5.18); Adding Institutional Uses When Located Within The Medical Arts Overlay District In Specified Zoning Districts (Article 4.4); Amending Appendix "A" To 3 Planning and Zoning Board Meeting, February 28, 2011 LDR Amendment -Medical Arts Overlay Provide Updated Definitions For Residential Licensed Service Provider, Non-Residential Licensed Service Providers, Medical Office, And Institutional Uses., by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: ^ Ordinance No. 10-11 ^ Ordinance No. 11-11 ^ Ordinance No. 09-11 ^ Medical Arts District Map ^ Medical Arts Zoning Map 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 29, 2011 SUBJECT: AGENDA ITEM 12.A -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO. 13-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs), Section 4.69(E)(3)(b), modifying the in-lieu fee assessed within the Pineapple Grove Main Street (expansion) Area. BACKGROUND The in-lieu fee is allowed within the Central Business District (CBD), Central Business District- Railroad Corridor (CBD-RC), and Old School Square Historic Arts District (OSSHAD) Zoning Districts and affords property owners the ability to develop or re-develop their properties even if it was impossible or in appropriate to provide the required number of on-site or off-site parking spaces. LDR Section 4.69(E)(3)(b), identifies four in-lieu fee districts (geographic areas) where varying in-lieu parking fees can be paid in lieu of providing physical spaces. On June 15, 2010, the City Commission approved a request from the Pineapple Grove Main Street Board of Directors to modify the Pineapple Grove Main Street Neighborhood Plan Area to include the neighborhood east of the FEC Railroad as depicted on the attached map Exhibit-1. With expansion of the Plan area, the overall Pineapple Grove Main Street Neighborhood Plan Area is now located within two in-lieu fee districts i.e. Area #3 (the original Plan Area) and Area #2 (expanded Plan Area). An in- lieu fee of $15,600 is assessed for each parking space located within Area #2 while $7,800 is assessed for Area #3. The lower in-lieu fees created for the original Pineapple Grove Main Street Area were instituted to provide additional incentives necessary to encourage redevelopment. Accordingly, as a part of the Pineapple Grove Main Street designation, the expanded Neighborhood Plan Area could be afforded the same incentives. The proposed ordinance changes the In-Lieu Fee District Map to include the expanded Pineapple Grove Main Street Neighborhood Plan Area in "Area #3" and changes the page reference of the in-lieu fee map. Additional background is provided in the attached Planning and Zoning Board staff report. REVIEW BY OTHERS The Planning and Zoning voted 6 to 0 recommending approval at their March 21, 2011 meeting. The Downtown Development Authority reviewed the proposed LDR amendment at their meeting of March 14, 2011 and unanimously recommended approval. The Community Redevelopment Agency reviewed the proposed LDR amendment at their meeting of March 10, 2011 and recommended approval of the proposed text change. The Parkin M~ana,gement Advisory Board reviewed the proposed LDR amendment at their meeting of March 22, 2011 and unanimously recommended approval. RECOMMENDATION By motion, approve on first reading Ordinance No. 13-ll amending Land Development Regulations, Section 4.69(E)(3)(b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachments: - Ordinance No. 13-ll - Planning and Zoning Board Staff Report - Location Map of Pineapple Grove Main Street Neighborhood Area (Exhibit-1). ORDINANCE NO. 13-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY PEACH, FLORIDA, PY AMENDING ARTICLE 4.6, "SUPPLEMENTAL DISTRICT REGULATIONS"; AMENDING SECTION 4.6.9(E)(3), "IN-LIEU FEE", PY REPEALING THE "IN LIEU FEE DISTRICTS" MAP ATTACHED AT SUBSECTION 4.6.9(E)(3)(b) AND ENACTING A NEW "IN LIEU FEE DISTRICTS" MAP IN ORDER TO EXPAND THE PINEAPPLE GROVE MAIN STREET AREA; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on March 21, 2011 and voted 6 to 0 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMNIISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 4.6, "Supplemental District Regulations", Section 4.6.3, "In Lieu Fee", subsection 4.6.9(E)(3)(b) of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida shall be amended by repealing the "In Lieu Fee Districts" map and enacting a new "In Lieu Fee Districts" map as follows: (E) Location of Parking Spaces: (1) Street parking, parking located in the public right-of-way, or parking located in public parking facilities shall not be used to satisfy on site parking requirements, except as provided for herein. The terms "on site parking" and "off-street parking" are synonymous. However, pursuant to the requirements of Section 4.6.9(E)(3)(e) and Section 4.6.9(E)(4)(d), the construction of additional on street public parking may reduce the number of in lieu and public parking fee spaces required (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required, except as provided for within this Subsection (E ). When the provisions of Sections 4.6.9(E)(3) or 4.6.9(E)(4) cannot be applied and where adequate right-of-way exists, construction of additional on street parking spaces directly and wholly abutting the lot, or parcel, maybe counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and, (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. One parking space credit shall be given for each additional full space constructed abutting a lot or parcel No part of an on street parking space shall extend past a side property line of the lot it serves. On street parking located on the opposite side of the right-of-way, and within the property lines, as extended to the opposite side of the right-of-way, may be counted toward fulfilling the off-street parking requirement when the adjacent lot is a railroad or waterway, and it does not warrant parking. In the event the City, County or State removes the parking spaces at any time for a public purpose, the property shall be considered lawfully nonconforming with respect to parking. (3) In Lieu Fee: When a requirement for additional parking results from in fill development, which has been vacant for five (5) years or longer, from a change in use, or adding floor space to an existing building the City Commission may approve the payment of a fee in lieu of providing such required parking. Before granting such approval, the City Commission must find that it is impossible or inappropriate to provide the required number of on site or off-street parking spaces and that, in the case of building additions, no existing parking spaces will be eliminated ORD. NO. 13-ll Payment of a fee in lieu of providing required parking is not permitted for new development. Furthermore, the in lieu fee option will not be available in the event of a change in use or addition of floor space if either occurs within two years of the granting of the Certificate of Occupancy (C.O.) for anew development. The fee in lieu option will be available two years after the date of the granting of the C.O. Payment of a fee in lieu of required parking shall be pursuant to the following provisions. (a) The in lieu fee is authorized only in the CSD, CSD-RC, and OSSHAD Zoning Districts, in compliance with the Supplemental District Regulations provisions therein (b) Arrangements for payment shall be approved by the City Commission at the time of the approval of the in lieu fee. The fee amount shall be based upon the location of the property for which in lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See rr4~~e~ corresponding map). (1) Area 1: Parcels located east of the Intracoastal Waterway which are zoned CSD - $18,200 per space. (2) Area 2: Parcels located west of the Intracoastal Waterway which are zoned CSD or CSD-RC and which are not included within the Pineapple Grove Main Street area, West Atlantic Neighborhood or Flock 69 located in the Old School Square Historic Arts District (OSSHAD) - $15,600 per space. (3) Area 3: Parcels located within the OSSHAD zoning district, except for Block 69 as noted in Area 2; and parcels located within the Pineapple Grove Main Street area which are zoned CSD or CSD-RC - $7,800 per space. (4) Area 4: Parcels located within the West Atlantic Neighborhood which are zoned CSD - $4,000 per space. ORD. NO. 13-ll IN-LIEU FEE DISTRICTS (NOTE; ALL DOLLAR AMOUNTS LISTED BELOW ARE PER SPACE) AREA1 - ~ ia,zno AREA2 - ~ is,sao AREA3 - 8 ~,eoo AREA4 - ~ a,ooo CITY dF IDEILRAY BEACH. FL PLANNING & ZONING DEPARTMENT - DIGITAL BASE MAP SYSTEM - MAP REF. LMA98D 4 ORD. NO. 13-ll (c) All proceeds from such a fee shall be used for parking purposes. (d) For property owners opting to pay in full, or lessees of properties, payment of the in lieu fee is due upon issuance of a building permit. The in lieu fee maybe paid in full upon issuance of a building permit or in installments. Applicants for an in lieu fee which is not paid in full at time of permit, must enter into an In Lieu of Parking Fee Agreement with the City. Such agreement shall be recorded with the Public Records Office of Palm Peach County, Florida. The obligations imposed by such an In Lieu of Parking Fee Agreerent constitute a restrictive covenant upon a property, and shall bind successors, heirs and assigns. The restrictive covenant shall be released upon full payment of the in lieu parking fees including attorneys' fees and costs. In Lieu of Parking Fee Agreements shall only be made between the City and the Owner(s) of the subject property. If an In Lieu of Parking Fee Agreement is entered into, installment payments shall be made over athree-year time period in three installments. The first installment shall be 50% of the total fee and is to be paid upon signing the agreement. The second installment shall be 25% of the total fee and is due on the second anniversary date of the signing of the agreement. The third and final payment of 25% of the total fee is due on the third anniversary date of the signing of the agreement. There shall be no interest due under this payment schedule. (e) In addition to in lieu fees due, where adequate right-of-way exists adjacent to a proposed project for which an in lieu parking fee has been approved the applicant must construct additional on street parking, not to exceed the total amount of spaces subject to in lieu fees unless authorized by the City Commis.5ion The applicant will be credited up to one-half of a parking space for each full parking space constructed within public right- of-way. (For example, the applicant requests to pay the in lieu fee on 4 spaces; the applicant constructs 4 spaces in the right-of-way; the applicant must only pay the in lieu fee for 2 spaces). Crediting of spaces constructed in the right-of-way resulting in a fraction shall be rounded down Credit may not be taken for those parking spaces constructed in the public right-of-way which are required to rr~eet the performance standards for. new developments. (f) Requests to allow in lieu fee payments that are not associated with a site plan or a site plan modification shall expire two years after such request is approved The fee charged shall be the fee that is set forth in the Land ORD. NO. 13-ll Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 13-ll rr~rN! rY LU 7NEfZAN L A K E I D A R O A D casoN METNDOIST CHURCH ~ z LiJ Q cr rY ATTORNEY BUILDING TIN ~L.UTBRRIEKlNG JR. DRI z~ C1TY HALL J w L- > ~; N.E. srH Niii. G~' ¢ ~ 4 0 `~ F~~aD N ~ z O Z N.E. srN sr. ~ ~ ~ ~ x ~ Ci - ~ Z Q J L3 s a ~ N,E. 3RON-E. O F Z ~ N N, W. 1sT sT, con-rMUN! Tr CENTER Z TENNIS OLD STADIUM l__L J__i_J SCHOOL SQUARE A T L A N T! C 50UTN a ~ ~~~a COUNTY o a a COUP? T nzi "' "' z HOUSE 3 ~ w w ~ vi vi vi N.t. 4TH r Q w a w ~' ;1 sT, ~r N,E. 3RD I ~` i I f! ~ f-- - f- - J J- w f~ ~ x r- 1 ~ i i i~ __ ~~ 4 j . z ~ ,~ 2Np ~, ~~ _ o v ~.; __ z ~~,~f _ m I'y Y _--- z ~ O ~+ _ ~ 1 ' ~ -- 1sr 1 ; __ __ T __ o __-_ ~ i~ __ - ~ ®n z ~.1J AVENUE a~¢ ~ ~ ~ ~ w ~ vi vi EXESTSNG EXPANSION ~ ~~ AR ~NADED EXPANSION AREA ! ~ ~ PfNEAPPLE GROVE MAIN STREET CITY pF DELRAY BEACH, EL I ! j I ~ EX I [ I LJ I 1 PLANNING & ZONING 6EPARTMENT ~ ~ ~~ -- DIGITAL BASE MAP SYSTEM -- PLANNING AND ZONING BOARD- STAFF REPORT =- - - MEETING DATE: MARCH 21, 2fl11 AGENDA NO: V. A. AGENDA ITEM; CONSIDERATION OF A CITY-IN1TlATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9(E)(3)(b) "1N-LIEU FEE" AS IT PERTAINS TO THE PINEAPPLE GROVE MAIN STREET (EXPANDED) AREA . 1TE'M BEFORE THE BOARD The item befiore the Board is to make a recommendation to the City Commission regarding a city-initiated amendment to the Land Development Regulations (LDRs} that modifies the in-lieu fee assessed for each parking space within the Pineapple Grove Main Street (Expanded} Area. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUNDIANALYSIS __ The in-lieu fee is authorized only in the Central Business District (CBD), Central Business District-Railroad Corridor (CBD-RC), and Old Schaal Square Historic Arts District (OSSHAD) Zoning Districts. The in-lieu fee affords property owners the ability to develop or re-develop their properties even if it was impossible or in appropriate to provide the required number of on-site or off-site parking spaces. The creation of the in-lieu fee program, allowed parking to be accommodated through the payment ofi an in-lieu fee. On February 2, 1999, the City Commission adopted Ordinance 4-99, which modified the in-lieu fee assessed for properties within the CBD to a varying fee schedule based upon the location of the property. The Ordinance established four (4) geographic areas, CBD East (Area #1), CBD West {Area #2}, Pineapple Grove MainstreetlOSSHAD {Area #3), and West Atlantic Avenue Redevelopment (Area #4). On January 7, 2003, the City Commission adopted Ordinance 53-02 replacing Ordinance 4-99 which contained a sunset provision. With both Ordinance 4-99 and Ordinance 53-02, an in-lieu fee of $6,000 was established for the Pineapple Grove Main Street Area (Area #3}. On August 15, 2006, the Commission adopted Ordinance 42-06 which increased the in-lieu fees charged for each parking space within the Pineapple Grove Main Street Area from $6,000.00 to $7,800.0{3. With the success of the Pineapple Grove Main Street Area as a destination point, the owners of properties immediately abutting the Pineapple Grave Area, requested to be included within the designated Main Street Area. On June 15, 2010, the City Commission approved the request from the Pineapple Grove Main Street Board of Directors to modify the Pineapple Grove Main Planning and Zoning Board Meeting, March 21, 2Q11 LDR Amendment Section 4.6.9(E)(3) "In-Lieu Fee" Street Neighborhood Plan Area to include the neighborhood east of the EEC Railroad as depicted below (see shaded area of map). «a. T4~_, :. In so doing, the newly created boundaries of the overall Pineapple Grove Main Street Neighborhood Plan Area now encompassed two in-lieu fee districts i.e. Area #3 {the original Plan Area) and Area #2 {expanded Plan Area) which have varying in-lieu fees. An in-lieu fee of $15, 6p5 is assessed for each parking space located within Area #2 while an in-lieu fee of $7,800 is assessed for Area #3. The lower in-lieu fees created for the original Pineapple Grove Main Street Area were instituted to provide additional incentives necessary to encourage redevelopment. Accordingly, as a part of the Pineapple Grove Main Street designation, the expanded Neighborhood Plan Area should be afforded the same incentives. The proposed ordinance changes the In-Lieu Fee District Map to include the expanded Pineapple Grove Main Street Neighborhood Plan Area in "Area #3" and changes the page reference of the map. ___ __ REQUIRED FfNDINGS Comprehensive Ptan Conformance LDR Section 2.4.5{M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives andlor Policies of the Comprehensive Plan. A review of the Goals, Objectives and Policies of the adopted Comprehensive Plan was conducted. While the in-lieu of Parking Fee Program is not specifically mentioned, the following were identified as relevant to this amendment: 2 Planning and Zoning Board Meeting, March 21, 2011 LDR Amendment Section 4.6.9(E~)(3) "In-Lieu Fee" Policy C-3.4 The City supports the efforts to revitalize the Pineapple Grove Main Street area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. Opportunities to promote the area as an Arts District shat{ be emphasized. Policy A-5.3 The City shall continue to enforce its existing off-street parking regulations. The above policies support the proposed amendment as it will increase the incentives for development and redevelopment within the expanded Pineapple Grove Main Street area. ~_ RFUIE'IIII BY-QTHERS The Downtown Development Authority reviewed the proposed LDR amendment at its meeting of March 14, 2011 and unanimously recommended approval. The Community Redevelopment Agency reviewed the proposed LDR amendment at its meeting of March 10, 2011 and recommended approval of the proposed text change. The Parking Management Advisory will review the proposed LDR amendment at its meeting of March 22, 2011. Recommendations of the Board will be forwarded directly to the City Commission. Courtesy notices were provided to the following civic associations: ® Neighborhood Advisory Council ^ Delray Citizen's Coalition ^ Chamber of Commerce Letters of objection or support, if any, will be presented at the meeting. '` ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 4.6.9.{E){3){b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 4.6.9(E){3}{b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). ~_ RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 4,6.9{E){3}{b), In-Lieu Fee, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: ® Proposed Ordinance 3 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 30, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO. 14-11 ITEM BEFORE COMMISSION Consideration of acity-initiated amendment to the Land Development Regulations (LDRs) that clarifies setback provisions regarding boat lifts and associated watercraft. BACKGROUND Section 7.9.11 of the LDRs includes standards for boat lifts. The current language states that the boat lift cannot extend any closer than either 10 feet from the adjacent property line or closer than the building side setback, whichever is greater. This setback regulation is to ensure that any vessel utilizing the boat lift does not impact adjacent properties. If the current language is interpreted to mean the lift itself, it is possible that a boat lift meeting the 10' side setback with a larger vessel centered on the lift would result in the vessel encroaching over the property line. This setback regulation was meant to apply to the vessel itself when it is in its raised position, and not to the actual boat lift apparatus as currently stated. The amendment will clarify the regulation to reflect this intent. REVIEW BY OTHERS The Planning and Zoning Board recommended approval on a 5 to 1 vote at their March 21, 2011 meeting. RECOMMENDATION By motion, approve Ordinance No. 14-ll on first reading for acity-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 14-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND PORT LIFTS", PY AMENDING SECTION 7.9.11, "STANDARDS FOR APPROVAL"; TO CLARIFY CURRENT LANGUAGE REGARDING PORT LIFTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plarn~ing and Zoning Poard reviewed the proposed text amendment at a public hearing held on March 21, 2011 and voted 5 to 1 to recommend that the changes be approved and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Plarn~ing and Zoning Poard sitting as the Local Plarn~ing Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Article 7.9, "Docks, Dolphins, Finger Piers, and Boat Lifts", Section 7.9.11, "Standards for Approval," of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: Section 7.9.11 Standards For Approval: A boat lift maybe permitted subject to the following conditions: (A) The boat lift in a raised position shall not extend more than twenty feet into the waterway from the properly line or seawall or bulkhead whichever is nearer to the waterway. (S) When plot frontage exists along a body of water, only one boat lift is permitted The boat lift shall be located so that the vessel beat in its raised position 1i€t shall not extend any closer to the adjacent property line than ten feet or the building side setback, whichever is greater. Section 3. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or ward be declared by a court of competent jurisdiction to be invalid such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 5. That this ordinance shall become effective immediately upon its passage on second and final reading PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 14-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: MARCH 21, 2011 AGENDA NO: V. B. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION ARTICLE 7.9, "DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS", BY AMENDING SECTION 7.9.11, "STANDARDS FOR APPROVAL"; TO CLARIFY CURRENT LANGUAGE REGARDING BOAT LIFTS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will clarify setback provisions regarding boat lifts and associated watercraft. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND/ANALYSIS Section 7.9.11 of the LDRs includes standards for boat lifts. The current language states that the boat lift cannot extend any closer than either 10 feet to the adjacent property line or closer than the building side setback, whichever is greater. This setback regulation is to ensure that any vessel utilizing the boat lift does not impact adjacent properties. If the current language is interpreted to mean the lift itself, it is possible that a boat lift meeting the 10' side setback with a larger vessel centered on the lift would result with the vessel encroaching over the property line. This setback regulation was meant to apply to the vessel itself when it is in its raised position, and not to the actual boat lift apparatus as currently stated. The amendment will clarify the regulation to reflect this intent. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. A thorough review of the Comprehensive Plan was conducted and while there are no specific sections to which this amendment would be found consistent, the amendment is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: Planning and Zoning Board Meeting, March 21, 2011 LDR Amendment -Boat Lifts ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The amendment will clarify that the setback regulation for boat lifts actually pertains to the boats when they are in their raised positions, and not the boat lift. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Article 7.9, "Docks, Dolphins, Finger Piers, And Boat Lifts", By Amending Section 7.9.11, "Standards For Approval"; To Clarify Current Language Regarding Boat Lifts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Article 7.9, "Docks, Dolphins, Finger Piers, And Boat Lifts", By Amending Section 7.9.11, "Standards For Approval"; To Clarify Current Language Regarding Boat Lifts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Article 7.9, "Docks, Dolphins, Finger Piers, And Boat Lifts", By Amending Section 7.9.11, "Standards For Approval"; To Clarify Current Language Regarding Boat Lifts, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance 2 MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 29, 2011 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF APRIL 5, 2011 ORDINANCE NO. 15-11 ITEM BEFORE COMMISSION The item before the City Commission is Ordinance No. 15-ll which modifies the pension contribution amount of firefighters. BACKGROUND This ordinance implements the pension changes for firefighters contained in the recently ratified collective bargaining agreement between the City and IAFF Local 2928. The ordinance makes 2 changes to the pension plan: Increases member contribution from 3% to 6% of earnings; and Increases the minimum service-incurred disability benefit from 60% to 61% of a member's average final compensation Chapter 175, Florida Statutes requires that when the member contribution is increased there must be an increase in a pension benefit at the same time. This ordinance complies with the statutory requirements for increasing member contributions to the pension plan. RECOMMENDATION The City Attorney recommends approval of Ordinance No. 15-ll. ORDINANCE NO. 15-ll AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 33, "POLICE AND FIRE-RESCUE DEPARTMENTS"; AMENDING SECTION 33.62, "BENEFIT AMOUNTS AND ELIGIBILITY", SUBSECTION (E), "DISABILITY RETIREMENT PROVISIONS", SUB- SUBSECTION (5), "DISABILITY RETIREMENT BENEFITS", TO INCREASE THE MINIMUM SERVICE INCURRED DISABILITY BENEFIT FOR FIREFIGHTERS; AMENDING SECTION 33.64, "CONTRIBUTIONS ", SUB SECTION (A), "MEMBER CONTRIBUTIONS", TO INCREASE MEMBER CONTRIBUTIONS FOR FIREFIGHTERS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 33, "Police and Fire-Rescue Departments", Section 33.62, "Benefit Amounts and Eligibility", Subsection (E), "Disability Retirement Provisions", Sub- subsection (5), "Disability Retirement Benefits" of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.62. BENEFIT AMOUNTS AND ELIGIBILITY. ~ ~ ~ (E) Disability Retirement Provisions. (5) Disability Retirement Benefits. (a) Eligibility. Each member shall be eligible for service incurred disability benefits, regardless of length of continuous service. Each member who completes ten (10) years of continuous service prior to becoming disabled shall be eligible for non service incurred disability benefits. (b) Initial Amount of Service Incurred Disability Benefit. The greater of sixty (60) percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. Effective [effective date of ordinance] the initial amount of service incurred disability benefit for firefighters shall be the greater of sixty-one (61~percent of the member's average monthly earnings in effect on the date of disability or the member's accrued pension benefit. (c) Amount of Nonservice Incurred Disability Benefit. Two (2) percent of average monthly earnings in effect on the date of disability for each year of continuous service; provided, however, the minimum shall not be less than twenty-five (25) percent of average monthly earnings. (d) Terms of Payments. Disability benefits shall commence on or as of the first day of the month coincident with or next following the date of disability, as established by the Board of Trustees, and shall continue to be paid on the first day of each subsequent month until the death or recovery of the disability retiree. The same survivorship percentages which apply to normal retirement benefits shall also apply to disability retirement benefits. (e) Eligibility for Other Benefits. In the event that a member applying for disability benefits is also eligible for either early or normal retirement, the Board may, upon the request of the member, pay the early or normal retirement benefit instead of a disability retirement benefit. Section 2. That Chapter 33, "Police and Fire-Rescue Departments", Section 33.64, "Contributions", Subsection (A), "Member Contributions", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Sec. 33.64. CONTRIBUTIONS. (A) Member Contributions. (1) Effective the first pay period after September 1, 1999, members of the retirement system shall make regular contributions to the Trust Fund at a rate equal to three (3) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25) years of continuous service at which time member contributions are no longer required. (2) Effective the first pay period after April 19, 2011, members of the retirement system employed as firefighters shall make regular contributions to the Trust Fund at a rate equal to six (6) percent of their respective annual earnings. Eligible employees, as a condition of membership, shall agree in writing upon becoming a member to make the contribution specified herein. These contributions shall be deducted from the earnings before the same are paid, until the member has completed twenty-five (25wears of continuous service at which time member contributions are no lon e~ r required. ~~ ~e~t~=e-B~tebe~q~ The City shall pick up the member contribution required by subsection (A)(1) and A 2 above. The contributions so picked up shall be treated as employer contributions in determining tax treatment under the United States Internal Revenue Code. The City shall pick up the member contributions from funds established and available in the salaries account, which funds would have otherwise been designated as member contributions and paid to the pension fund. Member contributions picked up by the City pursuant to this subdivision shall be treated for purposes of making a refund of member contributions, and for all other purposes of this and other laws, in the same manner and to the same extent as member contributions made prior to the effective date of this subdivision. The intent of this subdivision is to comply with Section 414(h)(2) of the Internal Revenue Code. Section 3. 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 2 thereof other than the part declared to be_invalid. Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 5. That this ordinance shall become effective immediately upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2011. MAYOR ATTEST: City Clerk First Reading Second Reading 3