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07-05-11 Regular Meeting
City of Del ray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, .Tiny 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 adjust the amount of time allocated. 7:00 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 The City will furnish auxiliary aids and services to afford an individual with a Beach, FL disability an opportunity to participate in and enjoy the benefits of a service, 33444 program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243-3774 REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. June 21, 2011- Regular Meeting 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A• REQUEST FOR SIDEWALK DEFERRAL/114 N.W. 16th STREET: Approve a request to defer the installation of a sidewalk along N.W. 16th Street and N.W. 2nd Avenue for the property located at 114 N.W. 16th Street. B. RESOLUTION N0.26-11/ABANDONMENT OF SIDEWALK EASEMENT/HYATT PLACE: Approve Resolution No. 26-11 to abandon a 5'x 55' sidewalk easement located on the property at 115 N.E. 1St Street associated with Hyatt Place development. C. EASEMENT AGREEMENT/FLORIDA POWER & LIGHT/POMPEY PARK CONCESSION STAND PROJECT: Approve an easement agreement between the City and Florida Power & Light (FPL) regarding a pad mounted transformer and associated underground electrical utilities for the Pompev Park Concession Stand Project. D. MINOR SUBDIVISION PLAT APPROVAL/HYATT PLACE: Approve a minor subdivision plat for 104 N.E. 2"d Avenue Plat (a/k/a Hyatt Place) located on the north side of N.E. 1st Street, between Pineapple Grove Way and N.E. 1st Avenue. E. SUSTAINABLE COMMUNITIES GRANT CONSORTIUM AGREEMENT: Approve a Consortium agreement to provide support to various agencies, organizations, governments and individuals to complete work on a Regional Sustainable Communities Initiative funded under a sustainability grant from US Department of Housing and Urban Development. F. DEVELOPER'S AGREEMENT/GRANITE WORTHING, LC: Approve a Developer's Agreement with Granite Worthing, LC. in the amount of $12,535.00 for funding of the re-design of Worthing Park. 1. SERVICE AUTHORIZATION NO. 07-05.1/AECOM: Approve Service Authorization No. 07-05.1 with AECOM in the amount of $12,535.00 for funding of the re-design of Worthing Park, contingent upon approval of the Developer's Agreement. Funding is available from 117-4133-572-68.19 (Recreation Impact Fee FD: Other Improvement/Worthing Park Improvement). G. FINAL SUBDIVISION PLAT APPROVAL/FRANKLIN AT DELRAY BEACH: Approve the Final Subdivision Plat for Franklin at Delray Beach, located on the west side of Federal Highway, approximately 320 feet south of S.E. 10th Street and north of the Plaza at Delrav. H. MODIFICATION #2 TO SUBGRANT AGREEMENT/NEIGHBORHOOD STABILIZATION PROGRAM: Approve Modification #2 to the Neighborhood Stabilization Program (NSP) Subgrant Agreement to extend the contract date to February 4, 2012,~ursuant to direction from the Department of Community Affairs. I. FUNDING AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/ECONOMIC DEVELOPMENT DIRECTOR POSITION: Approve a Funding Agreement with the Community Redevelopment Agency (CRA) regarding the funding of the Economic Development Director position. J. INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2011-1: Formally initiate Comprehensive Plan amendment 2011-1 pursuant to Section 9.2.1 of the Land Development Regulations. K. AGREEMENT/EZLINKS GOLF, INC. /MUNICIPAL GOLF COURSE AND LAKEVIEW GOLF COURSE: Approve an Agreement with EZLinks Golf, Inc. to provide the City with Point of Sale computer systems and other services for the Municipal Golf Course and Lakeview Golf Course. L. SUBDIVISION IMPROVEMENT AGREEMENT/KCMCL PINEAPPLE GROVE, LLC: Approve a Subdivision Improvement Agreement with KCMCL Pineapple Grove, LLC for the Hyatt Place at Pineapple Grove, to pay $7,500.00.00 of improvements to the intersection of N.E. 1St Avenue and N.E. 1St Street to the City. M. AGREEMENT/DEB PETROLEUM COMPANY, INC.: Approve an Agreement with DEB Petroleum Company, Inc. for provision to the City of an emergency backup supply of diesel and unleaded fuel from the gas station at 380 W. Linton Boulevard as necessary during disaster response activities. N. AGREEMENT/DEB PETROLEUM 2, INC.: Approve an Agreement with DEB Petroleum Company 2, Inc. for provision to the City of an emergency backup supply of diesel and unleaded fuel from the gas station at 2100 W. Linton Boulevard as necessary during disaster response activities. O. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period .Tune 22, 2011 through .Tiny 1, 2011. P. AWARD OF BIDS AND CONTRACTS: 1. Contract award to All Phase Roofing and Construction in the amount of $16,922.00 for re-roofing of the Fleet Maintenance fire bay roof. Funding is available from 334-3351-591-46.10 (General Construction Fund: Repair & Maintenance Services/Building Maintenance). REGULAR AGENDA: A. CONDITIONAL USE RE~UEST/MILAGRO CENTER: Consider a conditional use request for Milagro Center to allow the establishment of a child care center to operate within a portion of the existing 7,500 square foot clubhouse facility at the Village at Delray multiple family residential development located at 695 Auburn Avenue. (Quasi-Judicial Hearing B. WAIVER RE~UESTS/BUGERFI RESTAURANT: Consider waiver requests to Land Development Regulations (LDR) Section 4.6.7(,1)(3), "Roof Signs", to allow a sign to be placed above the roofline and Land Development Regulations (LDR~ Section 4.6.7(E~(7), "Design Standards Matrix", to allow a sign to be placed on an elevation that does not face a dedicated street frontage for BurgerFi Restaurant located at 6 South Ocean Blvd. (Quasi-Judicial Hearing C. TRANSFER OF PUBLIC ART BOARD FUNDS/INSTALLATION OF EAGLE SCOUT STATUE: Consider approval to transfer money from the Public Art Board funds to pay for installation of the Eagle Scout Statue at Old School Square Park. Funding is available from 115-1702-579-31.90 Lpecial Projects Fund: Professional Services/Other Professional Services). D. RECONSIDERATION OF A VOTE FOR A COMMUNITY REDEVELOPMENT AGENCY BOARD APPOINTMENT: Consider a request to reconsider the vote for an appointment made to the Community Redevelopment Agency Board at the June 21, 2011 Regular Commission Meeting. E. APPOINTMENT TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3~ F. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one ~) regular member to the Downtown Development Authority (DDA) to serve a three ~) vear term ending .Tiny 1, 2014. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1~ G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) alternate member to the Financial Review Board to serve a (2~year term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2). H. APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint one ~) regular member to the Green Implementation Advancement Board to serve a two ~) vear term ending .Tiny 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1~ L APPOINTMENTS TO THE EDUCATION BOARD: Appoint three ~) regular members to the Education Board to serve a two ~) vear term ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2~ Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2~ J. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve a two ~) vear term ending .Tiny 31, 2013 and one ~) regular member to serve an unexpired term ending .Tiny 31, 2012 to the Police Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2) and Commissioner Carney (Seat #1~ K. APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD: Appoint three (3) regular members and two ~) alternate members to the Nuisance Abatement Board to serve a two ~) vear term ending on .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Mayor McDuffie (Seat #5~ Commissioner Carney (Seat #1~ Commissioner Fetzer (Seat #2~ Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4~ L. APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD: Appoint three (3) regular members to the Public Art Advisory Board to serve a two ~) vear term ending .Tiny 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Carnev (Seat #11. Commissioner Fetzer (Seat #21 and Commissioner Frankel (Seat #3~ 10. PUBLIC HEARINGS: A. ORDINANCE NO. 22-11 (FIRST READING/FIRST PUBLIC HEARING): Cites initiated amendment to the Land Development Regulations Section 4.6.9, "Off Street Parking Regulations", Subsection 4.6.9(0 "Number of Parking Spaces Required", and Appendix "A", "Definitions", by adding the definition of call centers and providing for specific parking requirements for call centers. If passed, a second public hearing will be held on .Tiny 19, 2011. B. DEVELOPMENT AGREEMENT/CDS DELRAY REDEVELOPMENT, LLC./CDR ATLANTIC PLAZA, LTD.: Consider approval of a Development Agreement with CDS Delray Redevelopment, LLC. and CDR Atlantic Plaza, LTD. regarding the Atlantic Plaza Project. 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. 20-11: City-initiated amendment to the Land Development Regulations (LDR) Section 4.4.13, "Central Business Disctrict (CBD)", Subsection (G~ "Supplemental District Regulations" and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G~ "Supplemental District Regulations", to clarify the parking requirements for restaturants. If passed, a public hearing will be held on .Tiny 19, 2011. B. ORDINANCE NO. 21-11: City-initiated amendment to the Land Development Regulations (LDR) to clarify the applicability of the payment of in-lieu of parking program. If passed, a public hearing will be held on .Tiny 19, 2011. C. ORDINANCE NO. 23-11: City-initiated amendment to the Land Development Regulations (LDR) Section 2.4.3(K~ "Fees", Subsection 2.4.3(K~(1), "Development Applications", to provide for an increase in fees. If passed, a public hearing will be held on .Tiny 19, 2011. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission JUNE 21, 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, June 21, 2011. 1. Roll call showed: Present - Commissioner Tom Carney Commissioner Fred B. Fetzer Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Rabbi Howard Meridy, Jewish Spiritual Leader at Abbey Delray South. 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.N.1, Randolph and Dewdney Construction, Inc. from the Consent Agenda. Also, Mayor McDuffie noted the addition of Item 9.Q., Service Authorization No. 07-15.3/Mathews Consulting, Inc. to the Regular Agenda by addendum. Mr. Frankel moved to approve the Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Mr. Frankel moved to approve the Minutes of the Regular Meeting of June 7, 2011, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. 06/21/11 6. PROCLAMATIONS: 6.A. 100 Days of Centennial Celebrations -July 2, 2011-October 9, 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming July 2, 2011-October 9, 2011 as 100 Days of Centennial Celebrations. Mr. Roy Simon came forward to accept the proclamation and gave a few brief comments. 6.B. Parks and Recreation Month -July 2011 Mayor McDuffie read and presented a proclamation hereby proclaiming July 2011 as Parks and Recreation Month in Delray Beach. Danielle Beardsley came forward to accept the proclamation. 7. PRESENTATIONS: 7.A. RESOLUTION NO. 24-11: Approve Resolution No. 24-11 recognizing and commending Patsy Fox for 30 years of dedicated service to the City of Delray Beach. The caption of Resolution No. 24-11 is as follows: office.) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING PATSY FOX FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. (The official copy of Resolution No. 24-11 is on file in the City Clerk's Mrs. Gray moved to approve Resolution No. 24-11, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/ALTA CONGRESS REPEAT: Approve the Replat of Tract A-1 and a portion of Tracts A, B, F, and E-2, Congress Park, for Alta Congress located along the west side of Congress Avenue between Lowson Boulevard and West Atlantic Avenue. 8.B. LANDSCAPE MAINTENANCE AGREEMENT/KCMCL PINEAPPLE GROVE LTD.: Approve a Landscape Maintenance Agreement with KCMCL Pineapple Grove Ltd., for landscaping within the adjacent rights-of--way associated with the Hyatt Place project located at Pineapple Grove Way (N.E. 2"d 2 06/21/11 Avenue), N.E. 1st Street, and N.E. 1st Avenue. 8.C. AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT; COMMUNITY REDEVELOPMENT AGENCY (CRA) FOR FUNDING OF CONSTRUCTION & PROFESSIONAL SERVICES: Approve Amendment No. 1 to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of construction costs and professional services for certain projects as listed on Exhibit "A" attached to the Agreement for FY 10/11. 8.D. INTERLOCAL AGREEMENT/COMMUNITY REDEVELOPMENT AGENCY (CRA)/SHUTTLE BUS SERVICE: Approve an Interlocal Agreement with the Community Redevelopment Agency (CRA) for the funding of the shuttle bus service through September 30, 2011. 8.E. GRANT APPLICATION/EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG): Authorize staff to submit an application for funding in the amount of $53,503.00 through the U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) program which will support the Holiday Robbery Task Force, which reduces crime during the Holiday season. 8.F. THIRD AMENDMENT TO THE DECLARATION OF RESERVED RIGHTS AND AGREEMENT NOT TO ENCUMBER N.E. 7th AVENUE RELATED TO THE ATLANTIC PLAZA PROJECT: Approve the Third Amendment to the Declaration of Reserved Rights and Agreement not to Encumber N.E. 7tn Avenue regarding the abandonment and relocation of N.E. 7m Avenue between N.E. 1st Street and East Atlantic Avenue to extend the time frame to obtain site plan certification by a period of ninety days. 8.G. LANDSCAPE MAINTENANCE AGREEMENT/CDS DELRAY REDEVELOPMENT, LLC.,/CDR ATLANTIC PLAZA, LTD: Approve a Landscape Maintenance Agreement with CDS Delray Redevelopment, LLC., and CDR Atlantic Plaza, Ltd. regarding the Atlantic Plaza development located on the north side of Atlantic Avenue between Veterans Park and northbound Federal Highway. 8.H. PROFESSIONAL SERVICES VENDOR LIST/NEIGHBORHOOD STABILIZATION PROGRAM (NSP): Approve the list of vendors for Professional Services required to carry out activities under the Neighborhood Stabilization Program (NSP), contingent on the list being approved by the Florida Department of Community Affairs. Funding is available from 118-1935-554-34.90 (Neighborhood Services: Other Contractual Service). 8_I. RESOLUTION NO. 23-11: Approve Resolution No. 23-11 assessing costs for abatement action required to remove nuisances on six (6) properties throughout the City. The caption of Resolution No. 23-11 is as follows: 06/21/11 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. office.) (The official copy of Resolution No. 23-11 is on file in the City Clerk's 8.J. CONSULTING SERVICE AUTHORIZATION NO. 07- 05.1/HIMLEY-HORN AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 07-05.1 to Kimley-Horn and Associates, Inc. in the amount of $113,400.00 for design of the Federal Highway Enhancements. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvements/Federal Highway Beautification), 442-5178-536-68.52 (W & S Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification) and 448-5461-538-68.52 (Storm Water Utility Fund: Other Improvements/Federal Highway Beautification). 8.K CITY OF DELRAY BEACH SUB-RECIPIENT 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 a Social Worker to provide counseling services under the Weed & Seed Program (now known as the Coalition for Community Renewal). 8.L. SPECIAL EVENT REQUEST/ART AND JAZZ ON THE AVENUE: Approve a special event request to endorse Art and Jazz on the Avenue to be held on August 18, 2011 from 6:00 p.m. to 10:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure of Atlantic Avenue from Swinton to the west side of N.E./S.E. 6th Avenue, Railroad Avenue from Atlantic north to the north side of the east/west alley, and to the alleys north and south of Atlantic on N.E./S.E. 1st Avenue, N.E./S.E. 2nd Avenue, S.E. 3rd Avenue, and N.E./S.E. 4m Avenue; to authorize staff support for security and traffic control, banner hanging and removal, barricade set up and 4 06/21/11 removal, trash removal and clean up and EMS assistance. 8.M. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 6, 2011 through June 17, 2011. 8.N. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Randolph and Dewdney Construction, Inc. in the amount of $456,710.00 for renovations to the Pompey Park Concession Stand. Funding is available from 334-4127-572-62.10 (General Construction Fund: Building). 2. Purchase award to CDW-Government, Inc. in the amount of $69,440.78 for replacement data switches and cables to be installed throughout the Environmental Services Department Complex. Funding is available from 442-5178-536-62.45 (W & S Renewal & Replacement Fund: Buildings/Data Cabling). 3. Purchase award to Kubota Tractor Corporation in the amount of $18,493.80 for a replacement tractor for the Delray Beach Municipal Golf Course. Funding is available from 445-4761-572- 64.90 (D B Municipal Golf Course: Machinery/Equipment: Other Machinery/Equipment). 4. Emergency blanket purchase award to Airgas in the amount of $23,400.00 for the bulk delivery of liquid carbon dioxide (CO 2) as needed. Funding is available from 441-5122-536.52-21(Water & Sewer Fund: Operating Supplies/Chemicals). Mrs. Gray moved to approve the Consent Agenda as amended, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. WAIVER REQUESTS/202 NORTH SWINTON AVENUE: Consider approval of three (3) waiver requests to Section 4.6.9(D)(2)(b), to reduce the minimum required combined depth of alley and parking spaces from 42' to 38'6"; Section 4.6.9(D)(2)(b), to reduce the required parking space width from 10' to 9' and Section 4.6.9(D)(3)(a-b), to reduce the required driveway width from 24' to 18' at the point of access from North Swinton Avenue associated with the Class V site plan modification for 202 North Swinton Avenue. (Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach procedures for aQuasi- Judicial Hearing into the record for this item and all subsequent Quasi-Judicial items. 5 06/21/11 Chevelle D. Nubin, City Clerk, swore in those who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department prof ect file #2006-423 into the record. Mr. Dorling stated this is a request for approval of three waivers for property located at 202 North Swinton Avenue. The first waiver seeks a relief for a requirement of minimum required combined depth for a parking space off an alley of 42 feet and the request is for 38 feet 6 inches. The second waiver seeks relief to reduce the required width of parking spaces which back out into the alley from 10 feet to 9 feet and a third waiver is to reduce the required driveway width from 24 feet to 18 feet at the point of access on North Swinton Avenue. Mr. Dorling stated the waivers are in association with the Certificate of Appropriateness (COA) and a Class V Site Plan for site improvements associated with a change of use from single-family residential to office. He stated these were considered by HPB concurrently and they recommended approval with a 7 to 0 vote on all three waivers, the COA, and the Class V Site Plan. Mr. Dorling stated as it relates to the property. The first waiver is to the depth and the other issue relates to the width of these parking spaces and they are required to be ten feet and that is of particular concern if the depth for the cars to back out is reduced by the Commission tonight staff would not be supportive of a change in the width. Staff does support this waiver and while staff does not believe that 42 feet is justifiable the staff report says that a reduction to 39 feet 6 inches is supportable in that when this gets developed there will be an additional 2 '/z feet that will be required for dedication which will then provide that full 42 foot dimension. Staff also supports the reduction in width if the applicant agrees to provide that additional depth and recommend approval of the waiver. Jess Sowards, Architect, Currie Sowards Aquila Architects, 134 N.E. 1st Avenue, Delray Beach, FL 33444 (Applicant), commented about the parking off the alleyway and the reason they are asking for that waiver. Mr. Sowards stated they do have space that they can go to the 39 feet 6 inches and the reason they are requesting these waivers is this is in the historic district and they are looking for green space. He stated the reason the 39 feet 6 inches is not required is because this is an unusual condition where in an alleyway normally they do not have parking on the opposite side of an alley and usually it is someone's property that is being utilized as a yard or a driveway. Mr. Sowards stated it is really 29 feet between end of parking stall and end of parking stall; in most parking lots you have 24 feet. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. 6 06/21/11 Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, expressed concern about the parking on the north side of Swinton Avenue. Mrs. Finst stated this is a historic house and should have full view. She stated there were several proposals made to move the parking over to the west to cut the parking out of the front. Mrs. Finst urged the Commission to look into this to make sure they have the parking where it needs to be but yet does not block the view of this historic house which is a landmark in the city. There being no one else who wished to address the Commission regarding the waiver requests, the public hearing was closed. There was no cross-examination. Mr. Dorling gave the following rebuttal: Mr. Dorling stated the two waivers; one to the width of the stalls and the width of the driveway should be supported. Staff recommends that the applicant provide an additional 1 '/z feet so that there is proper maneuver ability pursuant to the Code. He stated although the applicant brings up a good point that there is increased width than a standard parking lot this is a thoroughfare down the middle of these parking spaces and therefore is a different condition. Staff believes the 1 '/z feet provision would be prudent at this point. Mr. Sowards stated there was question at the Historic Preservation Board (HPB) about the parking in the front and in the previous plan it was further in the front but the plan has changed. This reflects the change so that the parking has been moved further to the west and less in front of the existing building. Therefore, some modifications were made at the request of the HPB. Mr. Carney supports staffs recommendation regarding the 39 feet 6 inches and agrees with the other waivers that were requested. He feels we need to be consistent with the Code unless special circumstances exist and he does not feel that they do in this case. Mrs. Gray stated she concurs with staff s recommendation. Mr. Fetzer concurs with comments expressed by Commissioner Carney. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board Order with the change to first waiver to 39 feet 6 inches, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 7 06/21/11 9.B. WAIVER REQUESTS/130 S.E. 7th AVENUE: Consider three (3) waiver requests associated with the Certificate of Appropriateness for 130 S.E. 7th Avenue including waivers to Land Development Regulations (LDR) Section 4.6.14(C), "Sight Visibility: Intersections", to permit a fence measuring 4' in height within the sight visibility triangle at the rear of the property, where a maximum height of 3' is permitted; Section 4.5.1(E)(3)(a)l.c., "Fences and Walls", to permit an arbor measuring 9' in height within the front setback, where a maximum height of 4' is permitted; and Section 4.5.1(E)(3)(b)1., "Parking" , to permit the location of a circular driveway at the front of the property, whereas the parking should be adjacent to the building or in the rear. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. At this time, Mr. Fetzer was away from the dais. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-023 into the record. Mr. Dorling stated this is a request for three waivers for property at 130 S.E. 7th Avenue. Mr. Dorling stated the first waiver is to permit a fence measuring 4 feet in height; the second waiver is to permit an arbor measuring nine feet in height within the front setback where a maximum height of structures is four feet; the third waiver is to allow an unscreened circular driveway in the front of the property. Mr. Dorling stated this is part of a Certificate of Appropriateness (COA) considered by the Historic Preservation Board (HPB) at their April 20, 2011 and recommended approval of both the COA and the three waivers with a 7 to 0 vote. He stated staff supports the first waiver given the low volumes of traffic in that alley and is at four feet rather than the three feet that is required. Mr. Dorling stated the intent of the arbor is to prohibit the screening of the structure. Mr. Dorling stated with regard to the last waiver there are special findings necessary to have parking in the front yard this is actually in response to the HPB review of this project. As an alternative, the HPB suggested that they do this configuration and in doing so they need to get the appropriate relief. Staff recommends approval of all three waivers as did HPB. Gary Eliopoulos, Architect with GE Architecture, 205 George Bush Boulevard, Delray Beach, 33444, supports and agrees with staffs recommendations. Mr. Eliopoulos gave a brief PowerPoint presentation outlining the project and stated this house was severely damaged during Hurricane Wilma. Mr. Eliopoulos stated the Board wanted to slow down the traffic and although they had two parking spaces in the front they felt that was something a little less evasive and with cars backing out that the circular driveway would serve that purpose. 8 06/21/11 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross-examination or rebuttal. Mr. Carney concurs with staff's recommendation. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mrs. Gray moved to adopt the Board Order as presented, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.C. REQUEST FOR IN-LIEU PARKING SPACES/JHB FLORIDA PROPERTIES, LLC: Consider a request from JHB Florida Properties, LLC for the purchase of two (2) in-lieu parking spaces in the amount of $31,200.00 for Burger Place, located at 12 S.E. 5th Avenue. (Quasi-Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he spoke to Attorney Jeffrey Lynne, Attorney Michael Weiner, received an email but did not respond from Bruce Gimmy, and he was present at the Downtown Development Authority (DDA) meeting and while he did not participate in the discussion he was privy and did listen to it. Mrs. Gray stated she spoke with Attorney Michael Weiner. Mayor McDuffie had no ex parte communications to disclose. Mr. Carney stated he spoke with briefly with Attorney Michael Weiner. Mr. Fetzer stated he spoke with briefly with Attorney Michael Weiner. At this point, Chevelle D. Nubin, City Clerk, swore in Scott Aronson, Parking Management Specialist. Scott Aronson, Parking Management Specialist, stated Burger Place has submitted a Class III site plan modification for the conversion of use from Foxy's Ice Cream Parlor at 12 S.E. 5th Avenue, currently considered retail, to restaurant and a 30 foot square addition. Mr. Aronson stated LDR Section 4.4.13(G)(1) requires the provision of parking for change of or expansion of use resulting in a higher parking requirement. The 828 square foot former retail is vested as 1 space per 300 square feet, while the restaurant requires 6 spaces per 1,000 square feet of total floor area, with the difference resulting in two (2) additional spaces being required. The subject property is 9 06/21/11 located in area 2 where spaces are $15,600.00 per space, totaling $31,200.00. If approved, the applicant also wishes to enter into the payment agreement requiring 50% paid upon ratification of the agreement and two 25% payments on the second and third anniversaries of the agreement. LDR Section 4.6.9(E)(3) allows for the approval of a payment in lieu of providing parking spaces, if it is impossible or inappropriate to provide such spaces. Mr. Aronson stated the surrounding area has had 28 in-lieu parking spaces granted over the years and totals of 169 parking spaces in the three (3) nearby lots south of Atlantic Avenue between 4th and 6th Avenue. He stated the actual time that this in-lieu has been approved for has been for all restaurants which create a greater demand after 6:00 p.m. to the remainder of the evening. Mr. Aronson noted that these utilization studies were completed in 2009 in the midst of economic struggles. He stated staff looked at the utilization trends in the area and weekdays were not much of a challenge with parking and lots ran 50-70% utilization; however, weekends ran operated over 100% utilization after 6:00 p.m. Staff expressed concern that too many in-lieu spaces in a small concentrated area without ample parking are going to eventually create a negative impact. Mr. Aronson stated he has received calls from restaurants in that area complaining about the lack of parking in the immediate area. Mr. Aronson stated Comprehensive Plan Policy C-4.1 encourages the rehabilitation and revitalization of the CBD and suggests accommodating parking needs through innovative actions which the in-lieu of program is but at some point in time some other innovations need to be looked at such as off-site parking agreements. At its meeting of May 24, 2011, the Parking Management Advisory Board recommended approval of the applicant's request with a 9 to 1 vote (Gimmy dissenting). Staff recommends denial of the applicant's request. Jeffrey Lynne, Attorney with Weiner &Lvnne, P.A., 10 S.E. 1St Avenue, Delray Beach, FL 33444 (representing the applicant), stated their client is the perspective tenant seeking to move into the space that was formerly Foxy's Ice Cream on South Federal Highway and now is vacant seeking occupancy. Mr. Lynne stated their client seeks to use the existing 828 square foot store which once served ice cream and now seeks to serve hamburgers as Burger Place. He stated Burger Place has requested to purchase those two spaces as in-lieu spaces. Mr. Lynne stated staff's denial of the in-lieu fee for the two spaces is premised upon the 2010 Parking Study that was commissioned by the City Commission. He stated the 2010 Parking Study has not been adopted by the City as part of the Comprehensive Plan, has not been adopted as the Land Development Regulations nor have the findings of that study been yet adopted as any part of the Code. However, Mr. Lynne stated last night before Planning and Zoning the City did bring forth the first of many LDRs to codify the recommendations of the parking study. Mr. Lynne stated tomorrow night's submittal for SPRAB acknowledges that "it is impossible or inappropriate to provide parking at this location. He stated there is not sufficient room on the site to establish additional parking. Therefore, the applicant is requesting the purchase of two in-lieu parking spaces at a cost of $15,600.00 for a total of $31,200.00 to be paid in full." Mr. Lynne stated staff is also recommending denial of that change of use based upon another non-adopted study known as the 2004 Cluster Analysis which is commissioned by the independent Downtown Development Authority. He stated the 10 06/21/11 Cluster Analysis provides no definite objective criteria by which this board or any board could apply. For the record, NIr. Lynne entered the staff reports and minutes from the meeting and asked that those be made a part of the record to support his representations. NIr. Lynne stated their client has met all the currently adopted standards for in-lieu parking and request that client be granted the right to purchase two (2) in-lieu parking spaces. He also asked the clarification be given by the City Attorney that neither the 2004 Cluster Analysis nor the 2010 Parking Study can legally service any basis to deny an application for a land development permit which otherwise meets the established standards of the Comprehensive Plan and the Code. NIr. Aronson stated they did not use any of the recommendations from the Parking Study and the only thing that they used was data that was collected during that study and prior to the other applications that NIr. Lynne referred to staff did not have such actual count of the data. NIr. Aronson stated staff used just the data that was collected which was not available to staff prior. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request for in-lieu parking spaces, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. NIr. Fetzer asked how large of a facility this is with regard to square footage. Mr. Aronson stated 828 square feet plus the 30 foot expansion which would be 858. NIr. Fetzer stated this needs a lot more discussion and large range thinking than what has been done. Mr. Fetzer stated he supports the approval of the request. Mr. Carney concurs with comments expressed by Mr. Fetzer and supports the application for the in-lieu parking spots. Mrs. Gray stated she does not see where they can actually come up with two parking spaces and therefore supports the waiver. NIr. Frankel stated he too supports the waiver request. Mayor McDuffie stated he supports this waiver. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). NIr. Carney moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; NIr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:03 p.m., the Commission moved to the duly advertised Public Hearings portion of the Agenda. 11 06/21/11 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 18-11: Consider amending Chapter 132, "Offenses Against Public Peace And Safety", by amending Section 132.09, "Skateboarding and the Like Prohibited", to provide that skateboarding shall be prohibited in City-owned parking garages. office.) The caption of Ordinance No. 18-11 is as follows: 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 OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 132.09, "SKATEBOARDING AND THE LIKE PROHIBITED", TO PROVIDE CERTAIN AREAS IN WHICH SKATEBOARDING SHALL BE PROHIBITED; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 18-11 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 provides that skateboarding shall be prohibited in the City-owned public parking garages. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 18-11, the public hearing was closed. Mr. Frankel moved to adopt Ordinance No. 18-11 on Second and FINAL Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 19-11: Consider amending Chapter 96, "Fire Safety and Emergency Services", and amending Section 96.16, "Certain Codes Adopted by Reference", to clarify the requirements for installing automatic fire sprinklers in buildings which are reconstructed or rehabilitated. The caption or Ordinance No. 19-11 is as follows: 12 06/21/11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 96, "FIRE SAFETY AND EMERGENCY SERVICES", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 96.16, "CERTAIN CODES ADOPTED BY REFERENCE", TO CLARIFY THE REQUIREMENTS FOR RECONSTRUCTION; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 19-11 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. The City Attorney stated this ordinance provides for an exemption from the Florida Fire Prevention Code for the reconstruction/rehabilitation of existing structures for the total area of the addition or renovation included in the modification does not exceed 50% of the area for building. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 19-11, the public hearing was closed. Mr. Carney moved to adopt Ordinance No. 19-11 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:07 p.m., the Commission moved to Item 11, Comments and Inquiries on prior Non-Agenda Items. ll.A. City Manager's response to prior public comments and inquiries. The City Manager stated Mr. Matthew Sclier has expressed concern a couple of times over loud music emanating from vehicles on the street particularly Swinton Avenue. The City Manager stated this issue was taken up recently by the 2nd District Court of Appeals and the City has had its attorneys look at it and they believe the City can still enforce and issue citations for loud music emanating from vehicles. He stated officers have been instructed to continue to enforce the Statute when applicable and the motor unit also monitors that type of activity when they do their selective enforcements. The City Manager stated over the last 17 months the City has issued 36 citations for such violations and have confirmed that Riviera Beach has issued 6 citations 13 06/21/11 in the last 6 months. The City is coordinating the installation of signs regarding loud noise from vehicles and these signs will be placed on the Swinton Avenue corridor and will also place some around Pompey Park. 11.B. From the Public. 11.B.1. Marie Hanna, 596 N.W. 51St Avenue, Delrav Beach, FL 33445 (speaking on behalf of Rainberry Woods), briefly discussed the abandoned houses, illegal drug use activity, and gang parties on the weekend in Rainberry Woods. Ms. Hanna stated the City has purchased several homes in that community and asked if they could have one as a substation to help stop this. She stated due to the foreclosures even though the signs are up in the yard young teens and adults go in these homes and do illegal activities. Ms. Hanna stated in 2006 the redevelopment project for the paving of the streets began but was never completed. She also commented about the inadequate lighting in the neighborhood and stated they have been going through the process with FPL for more lighting due to safety concerns. She urged the Commission to look into these issues. 11.B.2. Amanda Wallace, 3401 Avenue Villandry, Delrav Beach, FL 33445, stated on October 19, 2010, the City of Delray Beach approved the Large Family Daycare and the application that she has to fill out and requested that this fee for the application be waived. 11.B.3. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delrav Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delrav Beach briefly discussed plastic trash bottles and cups floating in the ocean and asked how an item that can affect the entire community be placed on a regular agenda so that the public can speak about it. At this point, the time being 7:15 p.m., the Commission moved back to Item 9.D. of the Regular Agenda. 9.D. PARKING LICENSE AGREEMENT/MAX'S HARVEST: Consider approval of a parking license agreement with Max's Harvest to establish a parking valet queue on the 100 block of N.E. 2"d Avenue. Scott Aronson, Parking Management Specialist, stated Max's Harvest (f/k/a Taste Gastropub) located at 169 N.E. 2"d Avenue (Pineapple Grove Way), has submitted an application to establish a valet parking queue in front of its restaurant in the 100 block of N.E. 2"d Avenue. The request is for three (3) valet parking spaces near the restaurant entrance. The parking configuration on the east side of the block, in front of the restaurant, contains six (6) parallel parking spaces flanked by landscape nodes. The three (3) southernmost spaces are requested for the queue, which staff supports as it provides ample distance to the intersection. Staff sees the request for the valet queue as proof that the City's efforts in making Pineapple Grove Way a destination spot are working. 14 06/21/11 The item has been presented to the Pineapple Grove Main Street Board, Parking Management Advisory Board, and Downtown Development Authority, which all recommended approval at their respective meetings. Staff believes that this is a good addition to the area. Mr. Frankel asked if there is any language in the agreements regarding the maximum prices per car that this valet queue can charge. Mr. Aronson stated it states that this is a one year agreement with a 30-day cancellation clause. Staff will be holding a meeting next Tuesday with the value queue holders to go over those modifications and then they would be subject to a revised agreement to meet those new requirements ($100.00 per space). Mr. Aronson stated what they can charge the patrons is going to be in the modified agreement. The City Attorney suggested that regarding the agreement tonight that we make this amonth-to-month agreement because staff is not sure when the meeting will take place and what will come out of that. The City Attorney stated staff will modify the term and renewal provision of this particular agreement and that it be on a 30-day period, once it is approved tonight and that it renew until we give notice that it will not. He stated once Mr. Aronson meets with all the other members and it is determined and brought in front of the Commission as far as this is what staff is looking at then we can modify this agreement and get it on the same date and the same renewal schedule as all the other valet parking queue agreements. Mr. Frankel stated with the numerous valets operating in the city there is one that is charging triple what the others are charging and they are paying the same price. The City Attorney stated he is hesitant about what to put anything in the agreement at this point because he is not quite sure what that will be and he would like to keep it consistent. Mr. Aronson stated staff anticipates a modified agreement for City Commission sometime in July. Mr. Frankel moved to approve the Parking License Agreement with Max's Harvest as stated by the City Attorney amending this fora 30-day period with renewal after that, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.E. DESIGNATION OF VOTING DELEGATE: Designate the City's voting delegate to the Florida League of Cities' 85th Annual Conference to be held at World Center Marriott in Orlando, Florida on August 11-13, 2011. Mr. Carney moved to approve Vice-Mayor Gray as voting delegate to the Florida League of Cities' 85m Annual Conference to be held at World Center Marriott in Orlando, Florida on August 11-13, 2011, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 15 06/21/11 9.F. EXTENSION OF MANAGEMENT AGREEMENTBCJE, INC./DUBIN AND ASSOCIATES: Consider a request to extend the Management Agreement with BJCE, Inc. for the Municipal and Lakeview Golf Courses and with Dubin and Associates for the Tennis Facilities for four (4) years in return fora 10% reduction in current management fees. Robert A. Barcinski, Assistant City Manager, stated this is a request from Sharon Painter offering a 10% reduction in exchange for a four (4) year extension to the current Management Agreements for golf and tennis. These agreements currently expire September 30, 2012. Mrs. Gray moved to approve the request to extend the Management Agreements for the golf courses and tennis facilities for four (4) years in return fora 10% reduction in the fee starting in fiscal year 2011-12, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 9.G. CONTRACT/MORRISON-WILLOUGHBY: Consider a license contract between the City and Morrison-Willoughby allowing the sale of bottled water on the Municipal Beach. Staff recommends denial. Tim Simmons, Acting Director of Parks and Recreation, stated staff recommends denial of this contract and noted Ms. Karch sent a statement to the Commission regarding her concerns that it would open it up to other vendors selling on the beach as well. Mr. Carney stated this is a big issue for a lot of people and does not understand why there was not a discussion by the people who live on the beach as to whether or not they thought this would be a good idea for the beach. Mr. Carney stated he supports the recommendation that it should not be approved by many reasons mostly spelled out in the President of BPOA's letter which articulated that at this time this is not something the City Commission should consider. Mr. Frankel stated he utilizes the beach often and has never felt the need that someone would come up to him with a bottle of water for sale. He stated the City's beach has a certain charm and quietness to it. Mr. Frankel stated to sell water opens the floodgates and supports denial of the request. Mrs. Gray inquired how this got to the City Commission when we have been denying people for different issues. The City Attorney stated pursuant to the Code they have the right to make the request. The City Manager reiterated that this was researched and there is a provision in the Code that this can be brought before the Commission. 16 06/21/11 Mayor McDuffie stated he does not know when he has ever needed a bottle of water on Delray Beach and he has an issue with plastic on the beach and plastic that winds up in the ocean. Mayor McDuffie stated if someone is thirsty they can go to Boston's, Caffe Luna Rosa, or the Marriott and he does not support the sale of bottled water on the beach. Mr. Carney stated there are also water fountains available as well. Mr. Carney moved to approve Item 9.G., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney - No; Mr. Fetzer - No; Mr. Frankel - No; Mrs. Gray - No; Mayor McDuffie - No. Said motion was DENIED with a 5 to 0 vote. 9.H. PROPOSAL/CENTER FOR PRIORITY BASED BUDGETING: Consider a proposal to facilitate the further development and implementation of our priority based budgeting process. The City Manager stated as staff began the process of preparing the 2012 budget they used the Property Appraiser's earlier projection that the tax roll was expected to decrease another 5% for fiscal year 2012. He stated staff made the assumption that other revenue sources would remain unchanged at least overall. The 5% decrease and assessed values would lead to a revenue decrease of $2.3 million. The City Manager stated he asked Department Heads to prepare their budgets based on a 5% reduction from fiscal year 2011. This would be an expense reduction of over $3.7 million in the General Fund and would give some options on what reductions to implement. The City Manager stated in April the Property Appraiser informed the City that our tax roll would be down less than 1%. As staff was going through the budget things were put back in that had been taken out and then on June 1st staff was doing the preliminary tax roll which is a reduction of 3.67 %. The City Manager stated the challenge now is compounded by the fact that other revenue sources have not remained unchanged but instead have gone down. Overall, the City Manager stated the City is looking at a decrease in revenue of just under $3,000,000.00. The City Manager stated as you go through the City's budget there is not a lot let to cut before you start making service level changes. He stated we are looking at 4th year of making significant reductions staff felt we need to look at another method of examining our priorities and thus the reason David Boyd, Finance Director, that we enter into a contract with the Center for Priority Based Budgeting to facilitate the further development and implementation of our priority based budgeting process. The City Manager stated the process that the City used the year before last prioritizing different functions in the budget was based on work staff had seen for the City of San Diego. He stated they have developed that further and can help the City of Delray Beach do a lot more with it then the City was able to do based on one example they had seen. The City Manager stated the City is going to have to generate new revenues or making changes in the services that the City delivers. The City Manager stated he does not expect that we are going to get out of this real estate situation for another 2-3 years and there may be a double dip in home prices and that is where the majority of the City's values are. The City Manager stated this is not ashort-term 17 06/21/11 problem and we need to try to deal with it from that perspective and come up with long- term solutions to be sure we remain sustainable. Mr. Fetzer stated this is not ashort-term problem. He stated this is professional help guiding the City along and therefore supports it. Mr. Carney stated he agrees with this wholeheartedly. Mayor McDuffie stated he supports this proposal as well. Mrs. Gray stated she too supports the proposal. Mr. Frankel moved to approve the Center for Priority Based Budgeting proposal, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes. Said motion passed with a 5 to 0 vote. 9_I. SETTLEMENT OFFER IN ANDERSON OHMAN V. CITY OF DELRAY BEACH: Consider a Settlement Offer in the total amount of $20,000.00 in Anderson Ohman v. City of Delray Beach. Staff recommends approval. The City Attorney stated staff recommends that the City settle with Mr. Ohman in the amount of $20,000.00 due to injuries that he sustained in an accident involving a City owned golf cart. Mrs. Gray moved to approve the settlement offer in the amount of $20,000.00 in Anderson Ohman v. City of Delray Beach subject to appropriate releases, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel - Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:38 p.m., the Commission moved to Item 9.J. of the Regular Agenda. 9.J. RESOLUTION NO. 25-11/MID YEAR BUDGET AMENDMENT: Consider approval of Resolution No. 25-11 amending Resolution No. 55-10 adopted September 21, 2010, which made appropriations of sums of money for all necessary expenditures of the City of Delray Beach for the FY 2010/2011, by setting forth the anticipated revenues and expenditures for the operating funds of the City for FY 2010/2011. The caption of Resolution No. 25-11 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING RESOLUTION NO. 55-10 ADOPTED SEPTEMBER 21, 2010 WHICH MADE 18 06/21/11 APPROPRIATIONS OF SUMS OF MONEY FOR ALL NECESSARY EXPENDITURES OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE FISCAL YEAR 2010/2011, BY SETTING FORTH THE ANTICIPATED REVENUES AND EXPENDITURES FOR THE OPERATING FUNDS OF THE CITY FOR THE FISCAL YEAR 2010/2011; REPEALING ALL RESOLUTIONS INCONSISTENT HEREWITH. (The official copy of Resolution No. 25-11 is on file in the City Clerk's office.) The City Manager stated the City is experiencing substantial revenue shortfalls, and its expenses, especially for the Police Department, are well above budget projections due to the fact that we have been unable to negotiate a new contract with the Police Benevolent Association (PBA). The City Manager stated the City has frozen all hiring and have cut other portions of the budget by several hundred thousand dollars. The City Manager stated the City has a deficit of approximately $1.5 million for this year. He stated the City's utility tax revenues in June were about $45,000.00 above last year and if we continue with a hot summer that will bring in some extra money. This budget amendment will authorize the use of additional funds from prior year's surplus to cover this deficit. Mr. Frankel moved to approve Resolution No. 25-11, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 9.K APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY: Appoint one (1) regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2015. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). Mrs. Gray moved to appoint Annette Gray as a regular member to the Community Redevelopment Agency (CRA) to serve a four (4) year term ending July 1, 2015, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray - Yes. Said motion passed with a 5 to 0 vote. 9.L. APPOINTMENTS TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint four (4) regular members to the Downtown Development Authority (DDA) to serve three (3) year terms ending July 1, 2014. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). 19 06/21/11 Mrs. Gray moved to reappoint Diane Franco as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie - Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to appoint Albert Richwagen as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2014. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mr. Fetzer moved to reappoint Nancy Stewart-Franczak as a regular member to the Downtown Development Authority (DDA) to serve a three (3) year term ending July 1, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9.M. APPOINTMENTS TO THE FINANCIAL REVIEW BOARD: Appoint three (3) regular members and (2) alternate members to the Financial Review Board for two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3). Mrs. Gray moved to reappoint Christina Morrison Pearce as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Prior to the vote, The City Attorney stated Mr. Youngross sent a memo to the City requesting that he not be appointed because he will have a conflict on this particular board. Mayor McDuffie stated he would like to reappoint Andrew Youngross as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2013. Mrs. Gray so moved, seconded by Mr. Frankel. Prior to the vote, The City Attorney stated Mr. Youngross sent a memo to the City requesting that he not be appointed because he will have a conflict on this particular board. 20 06/21/11 Mayor McDuffie stated he would like to withdraw his first motion and make a new motion. Mayor McDuffie stated he would like to reappoint John Hallahan as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney moved to reappoint Jeff Ritter as a regular member to the Financial Review Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the regular meeting of July 5, 2011. Mr. Frankel moved to appoint Anthony Cattone as an alternate member to the Financial Review Board for a two (2) year term ending July 31, 2013, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. 9.N. APPOINTMENTS TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD: Appoint three (3) regular members and two (2) alternate members to the Green Implementation Advancement Board to serve two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). Mr. Fetzer moved to reappoint Stephanie "Chloe" Bedenbaugh as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Michael Marcus as a regular member to the Green Implementation Advancement Board to serve a two year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Yalmaz Siddiqui as a regular member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: 21 06/21/11 Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to reappoint David Hawke as an alternate member to the Green Implementation Advancement Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney stated he would like to defer his appointment to the July 5, 2011 regular meeting. 9.0. APPOINTMENTS TO THE EDUCATION BOARD: Appoint six (6) regular members and one (1) student member to the Education Board to serve two (2) year terms ending July 31, 2013. Based upon the rotation system, the appointments will be made by Commissioner Carney (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1) and Commissioner Fetzer (Seat #2). Mr. Carney moved to appoint Isabel Make as a regular member to the Education Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mr. Frankel moved to reappoint Lydia Carreiro as a regular member to the Education Board for a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mrs. Gray moved to reappoint Myra Leavy Bzemore as a regular member to the Education Board for a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to appoint Madison Aracri as a student member to the Education Board for a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel - Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 22 06/21/11 Mr. Carney stated he would like to defer his appointment to the next regular meeting of July 5, 2011. Mr. Fetzer stated he would like to defer his appointment to the next regular meeting of July 5, 2011. 9.P. APPOINTMENTS TO THE POLICE ADVISORY BOARD: Appoint one (1) regular member to serve an unexpired term ending July 31, 2012, five (5) regular members to serve two (2) year terms ending July 31, 2013 and one (1) student member to a serve two (2) year term ending July 31, 2013 to the Police Advisory Board. Based upon the rotation system, the appointments will be made by Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5), Commissioner Carney (Seat #1), Commissioner Fetzer (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5). Mrs. Gray moved to appoint Lee Cohen as a regular member to the Police Advisory Board to serve an unexpired term ending July 31, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer - Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to vote. Mayor McDuffie stated he would like to appoint Shelly Weil as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mr. Carney moved to appoint Catherine DeMatto as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer moved to appoint Matthew Hartley as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to appoint Matthew Monahan as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie -Yes; Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes. Said motion passed with a 5 to 0 vote. 23 06/21/11 At this point, Mr. Fetzer requested to reconsider his appointment for Mr. Matthew Hartley. Mr. Fetzer stated he has served one full term and does not want to be considered for reappointment. Mr. Carney moved to reconsider Mr. Fetzer's appointment, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney -Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes. Said motion passed with a 5 to 0 vote. Mr. Fetzer stated he would like to defer his appointment until the next regular meeting of July 5, 2011. Mrs. Gray moved to appoint DeAnna Longo as a regular member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Fetzer -Yes; Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney -Yes. Said motion passed with a 5 to 0 vote. Mayor McDuffie stated he would like to appoint Elisha Porter as a student member to the Police Advisory Board to serve a two (2) year term ending July 31, 2013. Mr. Frankel so moved, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel -Yes; Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes. Said motion passed with a 5 to 0 vote. 9~. SERVICE AUTHORIZATION NO. 07-15.3/MATHEWS CONSULTING, INC.: Consider approval of Service Authorization No. 07-15.3 with Mathews Consulting, Inc., in the amount of $21,858.00 for construction administration and additional design for S.W. 12th Avenue/Auburn Avenue/S.W. 14th Avenue Improvements. Funding is available from 334-3162-541-68.04 (General Construction Fund: Other Improvement/S.W. 12th Avenue/Auburn/14th Avenue). (ADDENDUM) Randal Krejcarek, City Engineer, stated this is an amendment to a Service Authorization Amendment #07-15.3 with Mathews Consulting, Inc. for additional design services as well as construction administration services for the S.W. 12thAvenue/Auburn Avenue/S.W. 14th Avenue project which has limits of S.W. 10th Street on the south side and West Atlantic Avenue on the north side. Mr. Krejcarek stated this is a project where the City is getting $1 million from the County as a grant and has a completion date of September 2011. He stated part of the project involves on-street parking the first block south of Atlantic Avenue and the CRA has been in negotiations with several of the properties and has been able to move the back out parking from the front to the back alleys which were done last year in this area. Mr. Krejcarek stated this last part of the design is for the last two properties that they have come to agreement with and staff would like Mathews Consulting, Inc. to do the design and noted that they did the other back out parking for the other properties along this corridor. Mr. Krejcarek stated the other part of the service authorization is for construction administration services for those services that the City does not have in-house expertise such as electrical, landscaping, and irrigation. Staff recommends approval of the amendment to the service 24 06/21/11 authorization. Mr. Carney moved to approve Service Authorization Amendment #07- 15.3 with Mathews Consulting, Inc., seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray -Yes; Mayor McDuffie -Yes; Mr. Carney - Yes; Mr. Fetzer -Yes; Mr. Frankel -Yes. Said motion passed with a 5 to 0 vote. 12. FIRST READINGS: A. None 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated at a previous meeting Commissioner Frankel inquired about the A-Frame sign which was removed from Spot Coffee. The City Manager stated the owner had been warned numerous times about the sign but continued to display it; other business owners inquired about the sign and why they were not allowed to display such a sign. He stated City Code allows the removal of such signs from public property and sidewalks. The City Manager stated other businesses outside the district complained that they are now in the process of changing back to the original prohibition of such signs. He stated Spot Coffee had been warned several times that this was not allowed so the City picked up the sign. Secondly, the City Manager stated Mayor McDuffie inquired about the beautification of Martin Luther King, Jr. with some of the palm trees sticking up into the power lines on the south side. The City Manager stated some of the islands were initially planted with the trees tied up and the palm fronds appeared high; however, once the trees were planted and the strings cut the fronds have spread out to the natural height. These particular palms are not supposed to grow past 15 feet in height which is less than the height of the power lines. The City Manager stated Mayor McDuffie also inquired about the alarm registration fee and whether or not it applied to public schools. Staff's position is that the fee of $30.00 applies to everyone as is similar to a user fee. He stated if the police must respond to false alarms, staff must have a contact number where the applicant's representative may be contacted and if numerous response requests are generated, a fee should be charged. The City Manager stated there was a concern shared about the artwork on Pineapple Grove Way and whether or not it is properly anchored to meet hurricane standards. Most of this artwork is not owned by the City but is owned by Pineapple Grove Main Street and was not transferred to the City because they would not agree to the City Attorney's requirements and the City was not able to locate some of the artists. The City Manager stated staff is looking at those to see what will be required to properly anchor them. 25 06/21/11 The City Manager stated the City applied fora SAFER (Staff for Adequate Fire and Emergency Response) Grant for funding of four firefighters. He stated they are coming back with questions, etc. which indicates that the City may actually get the grant and the condition of this grant is that they would fund the firefighters for two years and then the City is required to fund them for at least one year after that. The City Manager stated as the Commission goes through the budget process and decides they want to add the additional staff person to the beach station that would be away of doing it as far as covering it for two years. The City Manager stated the City would not lay these people off because there are enough retirements and turnover that even if the City decides to reduce the positions in two years, they could absorb them into the workforce. The City Manager recommends that if offered, that the City would accept it. The Commission concurred with comments expressed by the City Manager. Lastly, the City Manager stated approximately four years ago ICMA (International City/County Management Association) TV out of England contacted the City of Delray Beach and they did a video that was shown at the ICMA conference where anywhere from 5,000-7,000 people attend. He stated ICMA has contacted them again and the City of Delray Beach has agreed to work with them on doing the video about our partnership with the School District over the last 20 years and how we have worked with our schools and because of the involvement with the Criminal Justice Academy at Atlantic High School and also Fire Academy they will show these at the ICMA International Conference and the Fire Chiefs Conference and the Police Chiefs Conference. The City Manager stated they do about two hours of video which will be the City's property once it is finished and from that they distill a five minute presentation. 13.B. City Attorney The City Attorney had no comments and inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Fetzer Mr. Fetzer stated he is not in favor of accepting a grant for additional employees particularly until the City finishes the independent study we have underway and asked what the timeframe is for that. The City Manager stated staff expects to have the fire report no later than July 5, 2011. Mr. Fetzer stated from past experience you get grants to bring on employees and then you cannot fund those positions in the future. He expressed concern over the long-term effects of that. Secondly, Mr. Fetzer stated he sent an email to the City Attorney and the City Manager expressing his concerns on two issues; one that appeared to him to be a violation of the City's media press release policy and secondly he recalls that the City set up travel guidelines for the Commission where travel out-of--state had to be approved by the City Commission. 26 06/21/11 The City Manager stated staff is researching the travel policy and his best recollection at this point is he understood it to be for that particular budget year but staff is researching this in the minutes to see what the Commission direction was. 13.C.2. Mr. Carnet/ Mr. Carney had no comments and inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray stated she has not seen the press release that Mr. Fetzer is referring to but she believes it is concerning her trip to Washington, D.C. which was not politically motivated at all. Mrs. Gray stated her trip was about bringing dollars and programs to our city and citizens. Secondly, Mrs. Gray stated she attended the 2011 Juneteenth Celebration for the Spady Museum and it was a success. She stated the Island Flair held at Old School Square was also a nice educational event. Mrs. Gray stated this weekend the Roots Cultural Festival will be holding their Youth Basketball Tournament and she urged everyone to come out and support the youth. Lastly, Mrs. Gray announced that Dr. Kathy Weigel, Principal of Atlantic High School, has been promoted. Mrs. Gray stated she attended a Workshop where they were given directions on what they expect for a principal and a decision regarding the position should be made Thursday or Friday of this week. 13.C.4. Mr. Frankel Mr. Frankel had no comments and inquiries on non-agenda items. 13.C.5. Mayor McDuffie Mayor McDuffie commented about an article that was written by examiner.com regarding Americans for the Arts Conference in San Diego, California where the City of Delray Beach was referred to in a very complimentary paragraph as the "Venice of Florida" from the standpoint of the arts. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:09 p.m. City Clerk 27 06/21/11 ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 21, 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. 28 06/21/11 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA i1VAlVER REQUESTS FOR 202 N. SWINTON AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA The waiver requests regarding 202 N. Swinton Avenue have come before the City Commission on June 21, 20'11. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 202 N. Swinton Avenue. All of the evidence is a part of the record in this case. I. Waiver; 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 gran#ed under similar circumstances on other property for another applicant or owner. A. Pursuant to LDR 4.6.9(D)(2)(b}, Off-Street Parking Regulations, Provisions for Ingress and Egress, each required parking space shall be accessible at all times. Access which conforms with minimal aisle standards and which includes maneuvering area so that a vehicle must be able to enter and exit the parking area onto a street or alley in a forward manner shall be provided, except when the parking is adjacent to an alley and the parking space and alley have a combined minimum depth of 42' and a minimum width of ten feet (10'} and the loca#ion of parked vehicles does not impair sight distance of pedestrians or vehicles utilizing the alley. 1. Depfih: Relief from forty two feet (42'} to thirty eight feet (38`} is now requested. The extra depth can be easily provided; therefore, a waiver of four feet (4'} is not appropriate. A reduction to a total of thirty nine feet, six inches (39'6"} could be justified as the additional two foot, six inch {2`6"} depth will be provided through dedication with development of the parcel across the alley. Should the waiver to Section 4.6.9(D)(2)(b) to reduce the minimum depth of alley and parking spaces from 42' to 39'6" be granted? Yes / No City Commission Meeting of June 21, 2011; Item 9.A. 2. Width: A waiver to this requirement is necessary as the proposed parking space width is nine feet (9') whereas a width of ten feet (10'} is required. This increased width is even more important if the reduced depth noted above is approved as the vehicles backing out must begin turning before they are fully out of the space, thereby needing additional width to avoid clipping adjacent vehicles. Should the waiver to LDR Section 4.6.9(D)(2){b) to reduce the minimum parking space width from 1©' to 9' be granted? Yes / N o B. Pursuant to LDR Section 4.6.9(D}(3}(a-b), Off-Street Parking Regulations, Point of Access to the Street System, Maximum and Minimum Width, fhe point of access fo a street or alley shall be a maximum of twenty-four feef ~24~ and shall not be less fhan: 24' for a normal two-way private street ar parking Iof driveway aisle, 20' for privafe driveway which has Less than 200 ADT, 12' for cone-way driveway or parking lot aisle. A waiver to this requirement is necessary as the proposed point of access from North Swinton Avenue measures eighteen feet (18') in width. Should the waiver to Section 4.6.9(D)(3)(a-b] to reduce the driveway width from 24' to 'I8' be granted? Yes / IVo 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan 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 which supports the findings set forth in this Order. 5. Based on the entire record before i#, the City Commission approves / denies the waiver requests and hereby ado s his Order ~ ay of June, 201'1, by a vote of 5 in favor and 0 ose . ~,rf?~ ~7 TTEST: Nelson S. McDuffie, Chevelle Nubin, City Clerk 2 City Commission Meeting of June 21, 2011; Item 9.A. iN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 130 SE 7~" AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver requests regarding 130 SE 7}~' Avenue have come before the City Commission on June 21, 2011. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 130 SE 7t~ Avenue. Alf of the evidence is a part of the record in this case. I. Waivers: Pursuan# to LDR Section 2.4.7(B}(5), prior to granting a waiver, the approving body shall make a finding that the gran#ing of the waiver: (a) shall not adversely affect the neighboring area; (b} shall not significantly diminish the provision of public facilities; (c} shall not create an unsafe situation; and {d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Pursuant to LDR Section 4.6.14(C}, when an accessway intersects a public right-of--way, all visual obstructions within the sight visibility triangle shall provide unobstructed cross-visibility at a level between three {3} feet and six {6) feet. A waiver to this requirement is necessary as the proposed fence at the back of the property measures four feet (4'} in height and is located within the ten foot (10'} sight visibility triangle. Should the waiver to 4.6.14(C} be granted? Yes / No City Commission Meeting of June 21, 2011; Item 9.B. B. Pursuant to LDR Section 4.5.1(E)(3}(a)1.c., Buildings, Structures, Appurtenances and Parking; Fences and Walls, Fences and walls over four feet (4} shall not be allowed in front or side street setbacks. A waiver to this requirement is necessary as the proposed arbor measures nine feet {9'} in height and is located approximately sixteen feet {16') from the front property line. Should the waiver to 4,5.1(E}(3)(a}1,c, be granted? Yes / No C. Pursuant to LDR Section 4.5.1(E)(3}(b)1., Buildings, Structures, Appurtenances and Parking; Parking, where feasible, alternative methods of meeting minimum parking standards shall be explored fo avoid excessive use of historic properties and/or properties located in historic districts for parking. Af a minimum, the following options shall be considered: a. Locate parking adjacent to the building or in the rear. b. Screen parking that can be viewed from the public right of way wifh fencing, landscaping, or a combination of the fwo pursuant to Section 4. fi. 5. c. Ufilize existing alleys to provide vehicular access to sites. d. Construct new curb cuts and streef side driveways only in areas where they are appropriate or existed historically. e. Use appropriate materials for driveways, such as concrete poured in ribbons. f. Avoid wide driveways and circular drives. A waiver to this requirement is necessary as the proposed circular driveway is not in compliance with the requirements noted above. The circular driveway, however, is a result of compliance with the HPB's conditions of approval, as a means of providing an appropriately designed driveway as opposed to the two-space initially proposed which would back out onto SE 7t~' Avenue. Should the waiver to 4.5.1(E)(3}(b)1. be granted? Yes / No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan 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 which supports the findings set forth in this Order. 2 City Commission Meeting of June 21, 2011; Item 9.B. 5. Based on the entire record before it, the City Commission approves / denies the waiver requests and hereby 2011, by a rote of 5 in favor and 0 ATTEST: Che~elle Nubin, City Clerk ~~_~~~ a this Order this st of June, pose . ~J Nelson S. McDuffie, Ma or 3 City Commission Meeting of June 21, 2011; Item 9.B. 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 BURGER PLACE 1. This in lieu parking fee request for the purchase of 2 parking spaces in- lieu has come before the City Commission on June 21, 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 Burger Place. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. 1N LIEU PARKING FEE: Pursuant #o 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 2 parking spaces in-lieu meet the requirements of LDR Section 4.6.9(E)(3) and the conditions, if any, listed below? At_$15,G00 per space totaling $3'1,200.00. Payment is due 50% ($15,600A0] u on execution of the A reement 25°/° 7 $00.00 on the 2nd anniversa and 25% ($7,800.00) 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 City Commission Meeting of June 21, 2011; Item 9.C. 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 21st day of June, 2011, by a vote of 5 in favor and D opposed. ATTEST: ~~ ~~~~~ Chevelle Nubin, City Clerk ~ `~ ~ ~ Nelson S. McDuffie, M 2 r City Commission Meeting of June 21, 2011; Item 9.C. 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: June 29, 2011 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JULY 5, 2011 REQUEST FOR SIDEWALK DEFERRAL /114 NW 16TH STREET ITEM BEFORE COMMISSION The item before Commission is consideration of a sidewalk deferral along N.W. 16th Street and N.W. 2nd Avenue for property located at 114 N.W. 16th Street. BACKGROUND The applicant submitted a building permit application to demolish the existing building and construct a new single family residence. Currently, there are no plans to install a sidewalk along N.W. 16th Street or N.W. 2nd Avenue. The sidewalk deferral was supported at the June 9th, 2011 DSMG meeting. RECOMMENDATION Staff recommends approval of the sidewalk deferral. Prepared By; RETURN TO: t2. Brian Shutt, Es€l. City Attorney's Offcc 20Q N.W. lst Avenue Delray Beach, Florida 33~t~t~l AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEi1~iENT entered ijito this day of _ 2011, beriveeu the City of Delray Beach (hereinafter the Cityj and iV1JZ Properties LLC {hereinafter the O~,vnersj, for the purpose of waiving the requirement of the installation of a sidewalk clang 111 NW 16th Street until such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 5.1.3(Cj requires the installation of a sidewalk, within the NW 16th Street and NW 2n~ Avenue right-of--way immediately abutting the subject property, by the Owner prior to the issuance of a certif cate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1,3{D){1j{b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the Ciry requests the Owner construct the sidewalk. C.•lUsersiCnrtiDesktop1105Q 15thtsideivalkdeferra! lt?5l1 b.doc 1 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: 11 ~ NW 16"' Street HIGH ACRES LT 7 /LESS E 16 FTf 12-43-46-OS-10-000-0071 1. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the NW lbt~' Street Street right-of way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in t11c public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. TN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 2011. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Mayor Approved as to form and sufficiency: City Attorney C:4LIset•stCar•11f~esktoplside~s~alkctefaj•ral template.~loc 2 WITNESSES: ~'~. ~ oos~el' (Please type oz• print name) (Please type or print• name) STATE OF ~~ ~ COUNTY OF '~ -f,.. ~ OWNER: B BIJFORE ME personally appeared ...~ ~°' a~ ~~ who [is] [are] personall T known to r [has] [have] produced - ------------~~... [and °~~----- ,respectively] as identification, and who execued the foregoing instrument, and acknowledged befare nee that [lze] [sloe] [they] executed said instz~znient for the purposes expressed therein. WITNESS nay hand and official seal this ~f~` day of ,f?~_~ ~ 2011. My coznn~ission expires: d~~t ~..~ ~esl~ ®, Notary Public aa~- ~~,©RIA J HUNT ;' '`~; Seal) :+: *: MY COMMISSION ~# pD92'f732 `y~~o~ EXPIRES October 12, 203 ~~,E (4D7J398-D1's3 Fforidarf4[ary3~rvice.com agi~side~~~al€: deferral agreeme~it C.•4Users[Car•14Desktap~sidex~alk deferral IOGd.dac ~,.. i. ;n~in ~. ~, 'i.i iii ~ ~ /r : ;, i/%~~! ~ / . / / i// i.l is / I ~ ~ ::I ~, i i~ IIII firm // ~ ~ ~~ 11l... ~:. II . //~/f f .. II p r / ~/~ ~ II ~ ~. l .. ~„ ~ III ~ '. ~ ~ o ~'. > J ~~ iN ~~~..~ {~ '~ii~in r.'~. `.` '...I ,,. ~;~ ~ r Y n,. i:. ~ i I~- l ' i ' r .,. iii ~ ~ i ~ ~~~( ' i .,, ., IIII ln~ I 1. II ' IIII ~ u u ~ I . I: I N I ,r.'. i I r.!' i ... ~ , ~~ ~ 'fir I(I~ f~/( / ~~~~ ~, , I ~~ ~,F.~/ ~~ / ~ '' ~ I ~~~~ i ,~ T S1T ~. , .. ~ ~ ~~ ~~~~ ~~ ~~~~~ ,. r,~ ,.~~ ;, . . ~,. ° o U NW 1fiTH ST, ~~ ., „:' ~. r i i 0 ~, ~ ~ I ~, - I I I ' I O ~~ ~" r , ni, i ~ I. o-.~ i Q ~ 3 ~ i ~~ III c ~ ~/ . ~ a~ W • ~, P' ~,. '~.i ~ ~liie,: i~ ~ it ~ ~ " ~~~ ~ ~ ~- 'a ~ _ ,~ . 'z ... n ~i, iu . i i ,, k r' r iu iii r; sr~ r a ,, ~ih ~~~ ~1 D ~ ~~ ~ i~p ~ „ ~,}, ~ LJ _ ~ i Z / 0~ i i/l O/ ~~~ /~ ,~~i ~ z ~ N - ~~,~~ „r l~, ' / - %"c ''~ / i ~ b,~~ ' ,. ,. < Z i I~~ ~, ,;, ~ ~ ~ ~ ~ ~ r ,~~~~,. ~ ;~ ~~ ~~ ~ , ~ ~~ POl` , lly ' ~~~~~ ;~u I~~~~~~~~huld~ „~~ ~~,,,. ~ ~ ,, -~ ~ ,r ~ ~, , of ~,~~,~ r>> ~~ '" ~ ~ ,~r ~ >M ~ ~ D. , , , nG~ ~ ~ ~ ~ ~~~~~~~ ,~~ ~ i , - ,. ~ //// r ~ u . ,., ~ ~ ~~~~ ~ ,~~ ,.,I!,.IIJ ,; ~ ~, ,..,~ ~ , , ..,~ i _ „ ,> Y i ~ c ,. ~ G . : ~ .' a III u ~~ m i, , , ~ u ;, :-, ,. ~ i / / Y ,...: ~l r ~ , ~ I ~ ~ II 'i / ~i G /~, ~/ .. % / 1~ ~~ ~~ji ~ F ///~: /ii ` //// / ,/~~ Vii. ~~~/' ~ ~ ~/ r, ., i! ~ ir. ~ IIII r .. / ~~~/% I ~ii / i . i ~ .. :, ~ ,~ :;,. ... Vn ~ ,~~ /I/~,~i~i l ~ ~. i / J. J. ~. , ~., II If'. l ~~ r r "~ ?.: I ~y ~ , ~~ ~ ~.. ii i 1 ".,~ ,.r~ , .~ %v. ~,,, r,.. .,one. ,.; +, n D Z CITY of DELRAY BEACH SIDEWALK DEFERRAL DATE:06/29/2011 ENVIRONMENTAL SERVICES DEPARTMENT 114 NW 16th St. 434 BoUTH BYYMON AVENUE, DELFiAY BEACH, ROFiDA 33444 #11-133741 1 of 1 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 27, 2011 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF JULY 5, 2011 RESOLUTION N0.26-11/ABANDONMENT OF SIDEWALK EASEMENT/HYATT PLACE ITEM BEFORE COMMISSION The request involves the abandonment of a 5' x 55' sidewalk easement located on the property at 115 NE 1st Street, within Lot 8, Block 75, Town of Linton, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. BACKGROUND The subject property, located on the north side of NE 1st Street, is currently undeveloped. The sidewalk easement was dedicated by an Easement Deed (ORB 2138, Page 740), recorded on March 28, 1973. The property is being re-platted to accommodate Hyatt Place, a new hotel and office development. The existing easement is part of a dedication of additional right-of-way for NE 1st Street on the plat. A new 5' sidewalk easement is also being dedicated just north of the right-of-way with the plat. Since the existing sidewalk easement will no longer be needed, it is being abandoned. 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. Since this is a sidewalk easement, no review by Florida Power & Light (FPL), Comcast Cable, Florida Public Utilities Company, or AT&T is required. The City's Environmental Services Department has reviewed the request and has no objection to the abandonment. Since no utilities are located within the easement, the abandonment will not be detrimental to the provision of utility services, and a positive finding pursuant to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 26-ll to abandon a 5' x 55' sidewalk easement dedicated via Easement Deed in OR Book 2138, Page 740, of the Public Records of Palm Beach County, Florida, located at 115 NE 1st Street; 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. 26-11 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A SIDEWALK EASEMENT DEDICATED BY AN EASEMENT DEED RECORDED IN O.R.B. 2138, PAGE 740, AS MORE FULLY DESCRIBED IN EXHIBIT "A". WHEREAS, the City of Delray Beach, Florida, received an application for abandonment of a sidewalk easement dedicated by easement deed, as recorded in Official Records Book 2138, Page 740 of the Public Records of Palm Beach County, Florida, as more particularly described in Exhibit "A"; said easement being located on the property at 115 NE 1st Street, within Lot 8, Block 75,Town of Linton, according to the Plat thereof, recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida; and WHEREAS, the application for abandonment of said easement was processed pursuant to Section 2.4.6(N), "Abandonment of Public Easements~~, of the Land Development Regulations of the City of Delray Beach, Florida; and WHEREAS, pursuant to LDR Section 2.4.6(N)(3)(c), the application was forwarded to the City Commission with the recommendation that the abandonment be approved, based upon positive findings; and WHEREAS, the City Commission of the City of Delray Beach, Florida, pursuant to LDR Section 2.4.6(N)(5), finds that the abandonment will not result in detriment for the provision of utility services to adjacent properties or the general area, that its interest in the described property is no longer needed for the public good and deems it to be in the best interest of the City of Delray Beach to vacate and abandon said easement, as more particularly described in Exhibit "A". NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the foregoing recitals are hereby incorporated herein by this reference. Section 2. That pursuant to Chapter 177 and Chapter 166 of the Florida Statutes, it is hereby determined to vacate and abandon all right and interest it holds to the following real property, more particularly described as follows: See Exhibit "A" PASSED AND ADOPTED in regular session on this the __ day of______ , 2011. MAYOR ATTEST: City Clerk 2 RES. NO. 26-11 SKETCH & ®SCRIPTION 1 O.R.B. 2138, PG. 740, P.B.C.R. TO BE ABANDONED /Afl I ®IT LL A 97 LAIV® ®SGRIPTI®N: The South 5 feet of the East 55 feet of Lot 8, Block 75, MAP OF THE TOWN OF LINTON, FLORIDA according to the Plat thereof,' as recorded in Plat Book 1, Page 3 of the Public Records of Palm Beach County, Florida. Said lands lying and situate in the City of Delray Beach, Palm Beach County, Florida containing 275 square feet more or less. SURVEYOR'S REP®RT: 1. Reproductions of this Sketch are not valid without the signature and the original raised seal of a Florida licensed surveyor and mapper, 2. No Title Opinion or Abstract to the subject property has been provided. It is possible that there are Deeds, Easements, or other instruments (recorded or unrecorded) which may affect the subject property. No search of the Public Records has been made by the Surveyor. 3. The land description shown hereon was prepared by the Surveyor. 4. Bearings shown hereon are based on the south line of Lot 8, Block 75 having a bearing of N89°07'51"W. 5. Data shown hereon was compiled from instrument(s) of record and does not constitute a boundary survey. 6. Abbreviation Legend: L.B. =Licensed Business; O.R.B. =Official. Records Book; P =Per Plat; P.B. =Plat Book; P.B.C.R. =Palm Beach County Records; PG. =Page; P.L.S. =Professional Land Surveyor; R/W =Right-of-Way. CRTIFICATI~~: I HEREBY CERTIFY that the attached Sketch and Description of the hereon described property is true and correct to the best of my knowledge and belief as prepared under my direction. I FURTHER CERTIFY that this Sketch and Description meets the Minimum Technical Standards set forth in Chapter 5J-17.05, Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. Date: ----fir /~ //_------ J ~~,~C- -------------- ~ JOHN T. DOOGAN, P.L.S. Florida Registration No. 4409 AVIROM 8c ASSOCIATES, INC. L.B. No. 3300 R~VlSIORIS AVIROh1 ~ ASSOCIATES IIVC. Job #: 8795_S&D , ~ wsso SURVEYING & MAPPING _ SCALE 1" = 20' c'~ ~®~ 50 S. W. 2ND AVENUE SUITE 102 DATE: 06/15/2011 3 ~ , BOCA RATON, FLORIDA 33432 BY: S A M TEL 561 392 2594 FAX 561 394 7125 . . . . ( ) - , ( ) - www.AVIROM-SURVEY. com ~ ~ CHECKED: J.T.D. STgBUSHED ~g8 ©2011 AVIROM 8 ASSOCIATES, INC. all dghts reserved. Thl k t h i th t VIROM 8 CIAT F.B. ----- PG.-------------- s s e c s e proper y of A ASSO ES, INC. and should not 6e repro uced of copied without written permission. 1 GF 2 SHEET SKETCH & DESCRIPTION. O.R.B.-2138, PG. 740, P.B.C.R. TO BE ABANDONED 20 0 20 40 ~ ~ 7-! 7- l _ r --- 7 _ GRAPHIC SCALE IN FEET ~GAL~: 1" ®20° ~~ ~ W I o ~~ ~ °~ Q o ~1- __ SOUTH LINE_ LOT 8, BLOCK 75 (BEARING BASE) ' ~ ~ SB9°07'51 "E 55.01' LOT 8, BLOCK 75 z;~ MAP OF THE TOWN OF LINTON, FLORIDA ~, o (P. B. 7, PG. 3, P.B. C. R.) F- Im w.oO (o EAST 55' ~ t,J ~ LOT 8, BLOCK 75 o ® ~ SOUTH 5' ®~ LOT 8, BLOCK 75 N89'07'51 "W 55.01' 5' SIDEWALK EASEMENT (O.R.B. 2138, PG. 740, P.B.C.R.) N1. . ~ ST' STR T' MILLER STREET (P) 50' RIGHT-OF- WA Y ~- w c~ d- 0 o® o® ~~ ~_ REVISIONS A@/lROn9 ~ ASSOCIATES INC JoB #: 8795_S&D , , ~ As~o SURVEYING & MAPPING SCALE: 1" = 20' c'~ ~®~ 50 S.W. 2ND AVENUE SUITE 102 DATE: 0 6/1 512 0 1 1 ~ , BOLA RATON, FLORIDA 33432 BY: S A M TEL (561 392 2594 FAX 561 3947125 . . . . ) - , ( ) R , A CHECKED: J.T.D. STgeL/SHED 198 ©2011 AVROM&ASSOCIATES,IINC.allrightsreserved. t , Thls sket h i th f AVIROM & ASSOCIATES INC F.B. ------- PG.---------_- ~ e prop~~ c s o , . and should not be reproduced or copied without written permission. SHEET 2 OF 2 w .. N ~F t1~,. T e;o ~ '•~ ~~~ ,.~' ~, ., i" •' Ls ~~ ~~ a ~ ti c v~ ._ tti . ii ' ~ ;~ V l •t ~{ ~ ~'4 v `. '~ r ~.` ~ ~ s ~5 O Vti :'1,. UOCUKEPITARY,F;~ SiAMl~ T~1,~S ( ~~'- 4..- ~ ,- ~r; °' o£PT OF IEE4 ERUE s; s ~l~~b ` ,ux cv p7~~-~~~ r 7r u~ SIDEWALK EASENEENT 3~5~ ~ FLURtpA ~~ ~--- ~ ~ n r~ [ - n¢~t. ¢1!1!28'17 ~ p lt, ~ ,1 =- a[vtxut ~ lama ~~ THIS EASEMENT made and executed this the 19th day of ~~973 by JACK ROG>;R9 and SHARON J. ROGERS, his wife, t~ called the Grantors, to CITY OF DELPAY HEACH, a muni~~.p~Y corporation in palm Heach County, Florida, with its permane~~~address being lpp N.W. 1st Avenue, Delray Heaeh, Florida, ;~ ~ `~ 33444, hsfl~ ter called the Grantee, 53 ~l WI THE TIis THAT 55~,f .% R'he Grarh~9~ have for and in consideration of the sum of C '. -?i One Dollar and ohesc~~~ luabl+3 considerations, the receipt of _{//-' which is hereby aol~Aawledged, and by these presents da grant, ~~~ bargain, sell, alien~~+atnise, rel+~ase, convey and confirm unto ~ the Grantee a permanent e'a:~~ment over` the ~ "= .~' ti5 ono South 5 ~d~~1of the East 55 feet of ~, Lots 7 an ~ flack 75, per plat M Hook 1, p~•~i~~~Public Records of 4 Palm Heach c~n ~~ Florida, '~' which easement is granted for ~p~~~ase of enabling the Grantee a +~ ~ (y~ to construct and maintain thereo~~i:~j~lic sidewalk. ~ ii, '; 1_ >•+ ~ ~ IN WITNESS WHEREDF the Grarit~ar~>h~v~ caused these presents ~ . ~--~s' w to be executed in their names the days{ans~~~ear dust above written. roaM ~~,^ p, ,,~, WITNESSES: HY: ~ ~ may' ~ ~ ~~ GE u cr,•.•1 m ; ~ ••~_ 1/ ~_! ~ ~.~ 3 ~ a ~scc~t; C rrLte~~F~-t~ HY s ~._~~ ~ o w sHt~RON ~ . RoG s w '~ ~- ~ ySTATE OF FI,ORIOA a ~ tnCDUt~TY OF PALM BEACH •~.a >, I TiEREBY CERTIFY that an this day, before me, an officer duly ,~1 y w~ tiin the State and County aforesaid to take acknowledgments, parsq~sl',a~^ ~~opssar+sd JACK ROGERS ANfJ SHARON J. Rogers, his wi€e, wall known ~ti~zue ~.c7gthe personas nartsed in the foregoing Sidewalk Easement, and tha~:'~ha knowledged executing Ehe same in the presence of two subscrib~ngiw~ WITNESS hand and official seal in the County and State ~s~~~s_i this /~`~ day of March, 1473, ~~/ ) ' f/sr~1 /t ~ r.T~!W~ti ~~•'"°$ m ws1l~ ~, ~ ~`s:~~135 Pa6E `7~1) ~ t ry Punl1C, StaCO p~~I~ at large. ~"~ lhtary fc.'~c, Stale of FiariJa al Large td'T Lc,~l^.S~7t:G,t C.sN&.f ;,y,. 21. T9?3 [b+a.~. nr .~~,w,, ~.~ a w.,~ir cw ~lv aomm ss on exv res s~~8 a 9' ,''"~ 'res~aitl • LLi J N.W. 3RD ST. N. E. aTY ATTORNEY BUILDING MARTIN LUTHER KIN G JR .DR. N .E. W z N W CITY > HALL Q N.W. 1 ST ST . N .E. COMMUNITY CENTER ~ ~ z TENNIS OLD STADIUM SCHOOL SQUARE 3RD Sr 0 z 0 N M 2N D Sr . A T L A N T I C SOUTH COUNTY COURT ~ ~ > w HOUSE Q Q z 0 ~ r o ~ VI N N N z S. W. 1ST ST. - S.E. ~~ ~(n~ ~~ N.E. sr. w z r S J Q LY w 0 w ~ r ~ ~ z 0 m O ~Z~ A V E N U E ~~G ~nn'~I~ ~~~ ~Q~~ S T. FIDELI 1-Y FEDERAL = BANK ~ N SUBJECT PROPERTY HYATT PLACE -~ 1 ~ PLANNING AND ZONING 0 AT PINEAPPLE GROVE DEPARTMENT LOCATION MAP -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1248_Hyatt Place at Pineapple Grove MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 24, 2011 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF JULY 5, 2011 EASEMENT AGREEMENT/FP&L/POMPEY PARK CONCESSION STAND PROJECT ITEM BEFORE COMMISSION This item is before the Commission to accept the attached easement description prepared by Bruce Carter & Associates, Inc. on behalf of the Florida Power & Light Company (FPL) regarding the pad mounted transformer and associated underground electrical utilities for the Pompey Concession stand project. BACKGROUND The Pompey Park concession stand building, originally constructed in 1974, has had only one substantial enhancement with the addition of a second floor press box in 1991. The building is currently in need of extensive renovations as a result of experiencing years of weathering and use by the public. As a result, funds were programmed into the Capital Improvements program for fiscal year 2011. Execution of the FPL easement agreement attached hereto will grant Florida Power & Light access onto the property as described within the limits of Exhibit "A" for construction, operation and maintenance of overhead and underground electrical utility facilities including transmission wires, poles, guy wires, cables, conduit and applicable equipment. RECOMMENDATION Staff recommends approval of the easement agreement for the Pompey Concession stand project. 4Vurl: (?criLC'i'~9o. Parcel 1, [). #~ ~~)w. '~";~~~~~` (I'~ainkairred by Caunty Appr~iser~ Farm 3722 ~Skacked) Rev. 71~~+ ~~~~T This Inslrrrrnenk Prelaared By hJarne: ra. r Address ~~ ~ ~~ r"«~~, „~ The andarsigrred, irr aansidarakion ati' tine lsa}+nrcnt of `~'I.(lt7 and other' Band arrd valuable considcr:rt~ion, tlrc ar~eclrtaay' arrd receipt ak` tit~iriclr is ha~~rehy ackno~ti^lcdgad, l,rant and. give to Flcrridrr 1'rawar° ~ Lig,ht Cotrrtxarry, its licensees, agents, suc~~e~ussars, arrd assigns, err eascrnent 1'ora.var far Clra canstrrratiorr, opcratiarr and enairrtcrranca o£overlrarrd rrnci undargrc,und alacta~~ia utility facilities (irrclrrdntg wires, pales, gu}~s, cables, candarits arrd aptrrtrtenant equipment) to~ ~~ instailad frarrr tiara to tirrrc; ~r~ith the right to recanstruCt, lrrorpr'ove, add ko, a[rlarge, clrrrnge the voi'krrga, as Mvell as, the size of anri rcrrrove such facilities ar an}~ r3l" dram. rvithirr an aasarrrocrrt I t) feak in ~vicitlr dascr•ibacl as follows: r,~ ,~r Togctlrcr ~vitlt the righk to per'urit arr~r other pcrsorr, t~rrr~rr or cor-laorakion ka attach wires to arrb~ facilities lrer-etundar and lary, cable arrd conduit ~vithirt the earse€nent rrnd to operate the same for aornrrrtrrricakia~ns prrrpasas; the right of ingress arrd a~ress to said prcrnises at all tiaras; tlrc right ttr clear- tlra lrrrticl <rnd keag~ it claareci of all trees, undergrawklr rrnd' r.~tlrar abstrttutiorts a~~~itlrirr the easamarrt at-err, to Crim and curt rrnci keep h-umrua~d arrd crrt all dead„ rr~aa'k, leaning ar- dangarraus trees ur IirrrLas outside oft6re easement urea xvtrich n~righk interi'cre ~~'it'h. ar fall upon khe limas ar s}'skerrts «f aaammrrnrerrtrorrs or pocvice trausrrrission or- distributiarr, anal furthcr~ grasrts, to the fullasl a~ter7t the trndarsi~,nad }ras the pa~var to grant„ if at rill, the ri,~hks hara~irrrbaua granted on the land heretr~for°e described, over„ along,. trader rmd across the roads, streets or Irightivays attjr~rirr~irrg ar tlrrotr~gh staid prapcrty. fi"~Y'~'a'1Ti~I)~SS WH);P..~C?G`, the amrdersignecl has signed arrd searlcd this irrstrunrs;rrkon. Signed, settled arrd tlalivered ha the larasanca of: 21~_. (Corgrorate's r~asrrre') (Preside~rrl'S si~er~rattrre) (k1?itrress' Sign+atura°) lariat dame Print ~arrte: Print Address: ~~ ~ ('~'Witrress' Sit;rratrrrc) lariat hlarua (k1~'ikness~ Attest: (S~erctary's si~natarre) 1'Tint \arare: E'rirrt Address: (~;orlrarata, Seal) S~"rr.71'/ OF Al~[iy CC?tJl'~J"l'Y C71~ The fore:gh~ing instrtuYrent was aalcnaMViadgcd before rite this drr}° crl' , 2t)_, bye , anci M respeativaly tlra ~Presitiant~ arrd Saaratarry~ of „ a cor'lraratiorr, on halraid'ol'saaid aarporation, who nr~e Irersonall~r known to nta or hive pradtrcad as iderr1~il5crakiorr, arrd wlro dial (did nrrt) taa&:e an oath. {,"~"3+}se: in"tdentifcuticrrrl ~fy C.<arnrnrstiii3ar F:xtrire:s: ~7trt7ry }'trblic., `~'~ravature F'rirrt ~:rarte FAR. C:I~fY ~F ~CLI~,~Y C3E~,~~ N. W. 3r~1 S rf~FF r aFC1~CH & LEGI'~~ ~7ESCF~I~TION ~..~~ ~~ ~~ `~ P. Q, 7: ~.'h `4. 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MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 27, 2011 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF JULY 5, 2011 MINOR SUBDIVISION PLAT APPROVAL/104 NE 2ND AVENUE ITEM BEFORE COMMISSION The item before the City Commission is approval of the 104 NE 2nd Avenue Plat (Hyatt Place). BACKGROUND Hyatt Place is a proposed hoteUoffice development located at the northwest corner of NE 1st Street and Pineapple Grove Way (NE 2nd Avenue). A Site Plan for the project was approved by the Historic Preservation Board on Apri16, 2011. This plat is a re-plat of Lots 7, 8, 14, 15 and 16, Block 75, together with the South 38.25 feet of Lot 5, Block 75 and the South 34.75 feet of Lot 13, Block 75, Map of the Town of Linton, Plat Book 1, Page 3, Public Records of Palm Beach County, Florida and lying in Section 16, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. Plat Analysis: The replat of the subject property will allow for development of the approved Hyatt Place hoteUoffice project. The property will be divided into 3 development Tracts, "A" through "C", and two road/alley right-of-way dedication tracts, RW-D and RW-E. The plat contains sidewalk, drainage and water easements, as well as general utility easements to accommodate electrical power, gas, telephone and cable television service. City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Historic Preservation Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Plat was processed as a Minor Subdivision, therefore, it was forwarded directly to the City Commission for final action. No other Board review or action is required. RECOMMENDATION Move approval for the 104 NE 2nd Avenue Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(K) (Minor Subdivisions), of the Land Development Regulations. ., I ;~, -'~ I ~ M i ~ uu / ui ~ ~' c '; ~ '; a ~ ~~ ~' ~ ~ ~ ~ { ~, c i uGU ~r ~:- ~; ~ I ~ ~,. ~ ~ .. ~ ~' ~ ~ w~ ~ ~ ,, ~, ~ ~~ ! ~ ~~~~~~~ p r. ~- .- ~~ . ~ _, - ~~ ~~~~ ~.. I t Uca~ ~~ a~ r ~ ~ ~ ~;~~~~ '~ <r any.=~.. ~._. - intrn~rtwii~sda.ta~rv €. ~ ~ ~~~~ II 1 '~ ~ ~~~. iAV A.SL MN ! ,. ~ ~~ ~ ,,... .. 1 m ~ S ~ ~ ~ 4"S ~ Id. ~~ ~°^ LLN ~ _....._ ~ Q ~ ~ ~. ',. S ~h o. ~.~ ~n ~f u, ~ °'. '~' LLi J N.W. 3RD ST. N. E. aTY ATTORNEY BUILDING MARTIN LUTHER KIN G JR .DR. N .E. W z N W CITY > HALL Q N.W. 1 ST ST . N .E. COMMUNITY CENTER ~ ~ z TENNIS OLD STADIUM SCHOOL SQUARE 3RD Sr 0 z 0 N M 2N D Sr . A T L A N T I C SOUTH COUNTY COURT ~ ~ > w HOUSE Q Q z 0 ~ r o ~ VI N N N z S. W. 1ST ST. - S.E. ~~ ~(n~ ~~ N.E. sr. w z r S J Q LY w 0 w ~ r ~ ~ z 0 m O ~Z~ A V E N U E ~~G ~nn'~I~ ~~~ ~Q~~ S T. FIDELI 1-Y FEDERAL = BANK ~ N SUBJECT PROPERTY HYATT PLACE -~ 1 ~ PLANNING AND ZONING 0 AT PINEAPPLE GROVE DEPARTMENT 104 NE 2nd Avenue Plat -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1248_Hyatt Place at Pineapple Grove HISTORIC PRESERVATION BOARD CITY OF DELRAY BEACH MEETING DATE: April 6, 2011 AGENDA ITEM: V.A. ---STAFF REPORT--- ITEM: Consideration of COA 2011-080-SPM-HPB-CL4 Which Incorporates A Class IV Site Plan Modification, Landscape Plan, And Architectural Elevations For Hyatt Place, Located On The North Side Of NE 1St Street and Extends From Pineapple Grove Way To NE 1St Avenue. GENERAL DATA: Owner/Applicant ............. KCMCL Pineapple Grove Ltd. Location .......................... North side of NE 1St Street and extends From Pineapple Grove Way To NE 1St Avenue Property Size .................. 1.658 acres Future Land Use Map..... CC (Commercial Core) & OMU (Other Mixed Use) Current Zoning ............... CBD (Central Business District) & OSSHAD (Old School Square Historic Arts District) Adjacent Zoning....North: OSSHAD &CBD East: CBD South: CBD & OSSHAD West: OSSHAD Existing Land Use.......... Vacant Proposed Land Use........ Construction of a 134-room hotel with 2,100 sq. ft of retail, 15,918 sq. ft. of office, and 1,666 sq. ft. of lounge/restaurant. Water Service ................. Existing 8 inch main along NE 1St Street. Sewer Service ................ Existing 8 inch main along the alley. V.A. ITEM BEFORE THE BOARD The action before the Board is approval of COA 2011-080-SPM-HPB-CL4, which incorporates the following aspects of the development proposal for Hyatt Place, pursuant to LDR Section 2.4.5(F): ^ Class IV Site Plan Modification ^ Landscape Plan ^ Architectural Elevations ^ Waiver Requests The subject property is located on the north side of NE 1St Street, and extends from Pineapple Grove Way (NE 2nd Avenue) to NE 1St Avenue. BACKGROUND The development proposal consists of the south 38.25 feet of Lots 5, 6, 7, 8, the south 34.75 feet of Lots 13, 14, 15, and 16 of Block 75 of the Town of Linton Plat and contains 1.658 acres. The eastern half of the development (Lots 13 through 16) is located in the CBD (Central Business District) zoning district. The western half of the development (Lots 5 through 8) is located in the OSSHAD (Old School Square Historic Arts District) and was (in-part) the former site of Neil's Market. It is noted that the south 34.75 feet of Lot 6 and all of Lots 7 and 8 are subject to the permitted uses and development regulations of the CBD zoning district as it overlays this portion of the OSSHAD. At its meeting of January 4, 2006, the Historic Preservation Board approved a Class V site plan for Pineapple Grove Limited. That project consisted of 8 townhouses, 5,764 square feet of office, 4,868 square feet of restaurant, 5,385 square feet of retail floor area, and 30 condominium units. The project was never constructed. At its meeting of August 19, 2009, the Historic Preservation Board approved a Class IV site plan modification. This development proposal consisted of 119 hotel rooms, 2,322 square feet of retail, 4,356 square feet of restaurant, 33,350 square feet of office, and a single family residence. The approval included a waiver from the sight visibility and window transparency requirements, and was attached with the following conditions of approval: 1. Address the following Site Plan Technical Items and submit three (4) copies of the revised plans: - That a plat application be submitted prior to certification of the site plan and that the recorded plat be submitted prior to issuance of a building permit. - That the door from the upper level garage be locked and monitored at all times. - That a traffic statement be submitted for the revised development proposal prior to certification of the site plan. 2. That the site plan approval is contingent upon City Commission approval of the requested fee in-lieu of parking. 3. That a minimum of 179 feet of building frontage at a minimum of 15 feet is provided for the upper levels of the hotel along Pineapple Grove Way. 4. That the plans are revised to correctly note the hotel building frontage along Pineapple Grove Way as 255.75 feet. 5. That a valet attendant be provided on-site 24 hours a day. 6. That the photometric plan be revised to comply with the illumination levels of LDR Section 4.6.8, provide cut sheet details of all wall mounted light fixtures, and include the building entrance illumination levels. 7. That the applicant contributes one-quarter of the cost associated with the improvement to the intersection of NE 1St Street and NE 1St Avenue prior to certification of the site plan. Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 8. That the right-of-way deeds be submitted and recorded or provided with the plat prior to certification of the site plan. 9. That a finding of concurrency be submitted from the School District for the residence. 10. That the payment of the parks and recreation impact of $60,000 be submitted prior to issuance of a building permit. Landscape Plan: 1. That a landscape maintenance and hold harmless agreement for landscaping within adjacent rights- of-way be recorded prior to certification of the site plan. 2. That cross section of the landscape beds be provided that identify how they will be drained. Elevations: At its meeting of September 2, 2009, the HPB approved the building elevations subject to the following conditions of approval: 1. That no less than 4 recess panels with grilles and muntins be provided on the north side of the hotel. 2. That the hotel elevations be revised to replace the Hadley Red with a red that is one shade lighter. 3. That details of the rooftop equipment within the hotel tower are provided and watermarked on the building elevations that justify the increased parapet height. 4. That arched window feature on the single family residence be eliminated. The site plan has not been certified since these conditions of approval have not been addressed. The approval of the Pineapple Grove Limited project is valid until August 19, 2011. The action now before the Board is approval of a site plan, landscape plan, architectural elevations, and waivers for a revised project. PROJECT DESCRIPTION The development proposal incorporates the following: ^ Construction of a 134-room hotel along Pineapple Grove Way that contains 2,100 square feet of retail, 1,666 square feet of lounge, meeting rooms, cafe, pool, and gym, two-story parking facility, along with a 45-space parking lot along NE 1St Avenue as part of Phase I; ^ Construction of a 15,918 square feet two-story office building as part of phase II. The development proposal includes waivers to the following sections of the Land Development Regulations: 1. A waiver to LDR Section 4.4.13(F)(4)(c), which requires a minimum and maximum building setback and frontages for the phase I parking lot at the northeast corner of NE 1St Street and NE 1St Avenue. 2. A waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a minimum front setback of 5 feet for buildings with nonresidential uses on the ground floor in the CBD zoning district. 3. A waiver to LDR Section 4.6.9(D)(3)(c)(2), which requires a stacking distance of 100 feet is required in advance of all security gates. 4. 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 tiers. 2/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 5. A waiver to LDR Section 4.6.16(H)(3)(j), which requires that each row of parking spaces be terminated by landscape islands. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. Building Setbacks: The following tables indicate that the proposal complies with LDR Section 4.4.13(F)(4) as it pertains to the Central Business District (CBD) zoning district, except for those portions of the buildings as noted in the furthest column to the right: Hotel Required Compliance with Road/ % Building Building Proposed LDR Building Building Frontage Required Frontage Building Requirements? Side Height (min/max) Setback at Frontage Setback or setback Yes No 70% 177.98' Pineapple Ground min./90% 10' max. min./228. 221' Grove W Floor to max. 83' max. ay ' 25 Remaining ' ' ' 254.25' length 15 min. 25 min. 25 Building Fronta e g 25' to ° 70 /° min 15' min 177.98' 178 1' 48' . . min. . St 70% 84' NE 1 Ground min./90% 10' max. min./108' 102' Street Floor to max. max. 120' 25' Remaining 15' min 12' min 18' Building length . . Frontage 48, tO 70% min 15' min 84' min 84' . . . Side Interior 0' 4" north aler 10' 10' 3/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Office* Required Compliance with Road/ % Building Building Proposed LDR Building Building Frontage Required Frontage Building Requirements? Side Height (min/max) Setback at Frontage Setback or Setback Yes No S NE 1 70% 118.83' Avenue min./90% 10' max. min./152. 123.17' max. 78' max. 169 75' . Ground Floor to 25' Remaining 15' min 16.97' 46 58' Building length . min. . Frontage NE 1S 70% 77.7' Street Ground min./90% 10' max. min./99.9' 79.25' Fl t max. max. 111' oor o 25' Remaining ' ' ' Building length 15 min. 11.1 min. 31.75 Fronta e aler 10' 12' The phase I improvements (parking lot) do not comply with the frontage and setback requirements of LDR Section 4.4.13(F)(4). A waiver request has been submitted from these regulations and is discussed under the Waiver section of this report. Allowable U pper Level Floor Area Building Level Allowable Ground Maximum Floor Area (70%) Proposed Floor Area Floor Area Hotel Third 31,007 sq.ft. 21,704.9 sq.ft. 21,654 sq.ft. (69.8%) Floor Fourth 31,007 sq.ft. 21,704.9 sq.ft. 20,930 sq.ft. (67.5%) Floor Central Business District (CBD) District Regulations: Parking Requirements: As noted in the Project Description section of this report, the development will be constructed in two phases. The first phase includes the hotel and surface parking lot. In the second phase, the surface parking lot will be replaced with the two-story office building. Given the nature of the development proposal and the potential for an extended period before implementation of phase II, the parking analysis includes the two phases. Phase I: Per LDR Section 4.4.13(G)(1)(a), 1 parking space per 300 square feet of total floor area is required for all nonresidential uses except restaurants. Per LDR Section 4.4.13(G)(1)(d), the required parking for restaurants is 6 spaces per 1,000 sq. ft. of total floor area. Per LDR Section 4/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 4.4.13(G)(1)(e), the required parking for the hotel is 0.7 parking spaces per guest room plus one space per 300 square feet for the meeting rooms. The phase I portion of the proposed development consists of the 134-room hotel, 1,500 square feet of meeting rooms, 2,100 square feet of retail, and 1,666 square feet of restaurant/lounge. Based on this development mix, the applicant has utilized an itemized parking rate for this portion of the development, rather than utilize the shared parking calculation table. The required parking for Phase I is 116 parking spaces based on this parking generation. The proposed development of Phase I complies with this parking requirement with 124 parking spaces provided (57 hotel garage, 12 parallel alley spaces, 45 surface spaces, and 10 parallel on-street spaces). Phase II: The phase II portion of the development includes the construction of the 15,918 square foot two- story office building along the west side of the alley. The development proposal for phase II introduces the utilization of the share parking table. Including the net office floor area in this development mix, the shared parking calculation for phase II is 142 parking spaces as indicated in the shared parking table provided below. LDR Section 4.6.9(C)(8)(a) -Shared Parking allows for buildings or a combination of buildings on a unified site to utilize the shared parking calculations which affords reduced parking requirements by accommodating varied peak utilization periods for different uses (see below). Weekday Wee kend Night Day Evening Day Evening Use Required Midnight to 6 AM 9 AM to 4 PM 6 PM to Midnight 9 AM to 4 PM 6 PM to Midnight Residential 100% 0 60% 0 90% 0 80% 0 90% 0 Office 53.06 5 % 2.653 100 % 53.06 10 % 5.306 10 % 5.306 5 % 2.653 Commercial/Retail 7 5% 0.35 70% 4.9 90% 6.3 100% 7 70% 4.9 Hotel 98.8 80 % 79.04 80 % 79.04 100 % 98.8 80 % 79.04 100 % 98.8 Restaurant 9.996 10 % 0.9996 50 % 4.998 100 % 9.996 50 % 4.998 100 % 9.996 E ntertain m ent/Recreational (theatres, bowling alleys, etc) 10% 0 40% 0 100% 0 80% 0 100% 0 Reserved Parking 100% 0 100% 0 100% 0 100% 0 100% 0 Other 100% 0 100% 0 100% 0 100% 0 100% 0 TOTALS 169 83 142 120 96 116 Per LDR Section 4.6.9(C)(8)(b), administrative relief may be granted to allow double counting of parking spaces for uses within a development that have separate hours of operation. The Planning and Zoning Department has determined that the restaurant/lounge will have separate hours from the office uses. Therefore, a reduction of 10 parking spaces can be taken. Based on this reduction, a total of 132 parking spaces are required. The development provides a total of 132 parking spaces via a combination of 57 parking spaces within the hotel, 30 parking spaces within the office, 5 parallel parking spaces within the alley, 10 parallel parking space credit within the adjacent rights-of-way [per LDR Section 4.6.9(E)(3)(e)], and a credit of 30 spaces for property that was owned by the applicant on the south side of NE 1St Street, which has been acquired by the City for use as a public parking facility per LDR Section 4.6.9(B)(4). Special District Boundary Treatment: Per LDR Section 4.6.4(A), the north portion of the office building and that portion of the hotel across the alley from the single family property is required to provide a 10-foot setback for the portion of the buildings that are 37 feet or less in height. Further, the hotel is required to provide 5/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 a 22-foot setback for that portion that is above 37 feet in height. The proposed development complies with the special district boundary treatment since the lower levels of the hotel provide a building setback of 10 feet and 22 feet for the upper level. The office building also complies with this requirement since a 19-foot 8 inch setback is provided for the lower levels. Parallel Parking Space Dimensions: Per LDR Section 4.6.9(D)(4)(a), the required dimension of a parallel parking space is 8 feet by 22 feet. The proposed parallel parking spaces along the alley in phase I are 8 feet by 20 feet. The parallel spaces in phase II have been revised to provide the required 8-foot by 22-foot dimension. A condition of approval is attached that the parallel spaces in phase I are revised to provide the required 8-foot by 22-foot dimension. OTHER ITEMS: Auxiliary Power Generator: Per LDR Section 4.3.3(00), the hotel is required to provide an auxiliary power generator for all interior corridor lighting and exit signs and at least one public elevator. Further, the generator needs to be designed and equipped to operate the full capacity of the equipment being served for a period not less than 120 hours. The site plan indicates that the generator will be within a room on the ground floor of the hotel and will be connected to a gas line along the alley. Paving Material: Per LDR Section 4.4.13(F)(4)(f)(1), the front setback area shall be finished with paving materials to match the existing or planned sidewalks within the adjacent right-of-way. The site plan indicates that paver blocks will be installed between the buildings and the public rights-of-way and they will match the existing pavers within the streets. Pineapple Grove Main Street Redevelopment Plan: The Pineapple Grove Main Street Neighborhood guidelines that address redevelopment efforts within the applicable design guidelines: Plan (The Plan) contains several design this area. The following is an analysis of Street Improvements: The plans indicate that the intersection at NE 1St Street and NE 1St Avenue will be resurfaced with paver bricks to match the intersection of Pineapple Grove Way and Atlantic Avenue. A condition of approval is attached that the applicant contribute one-quarter of the cost associated with these improvements. The site plan includes a note that the applicant will contribute one- quarter of this cost. Overhead Power Lines: Overhead cables (electric, telephone, CATV) are required to be placed under ground whenever feasible. The site plan includes a note that all that all overhead utility lines (including the alley) will be placed under ground. 6/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Right-of-Way Dedication: Pursuant to LDR Sections 5.3.1 (A) and (D) and Table T-1 of the Comprehensive Plan Transportation Element, the following table describes the required rights-of-way and the existing rights-of-way adjacent to the subject property: Right-of-Way Required Existing Required Dedication Pineapple Grove Wa 60' 50' 0' NE 1St Street 55' 50' 5' NE 1St Avenue 60' 50' 5' Alle 20'or dominant width 16' 4' Pursuant to LDR Section 5.3.1(D)(4), a reduction in the required right-of-way width of existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). The City Engineer and DSMG considered the reductions and approved Pineapple Grove Way to the existing width. However, a 5 foot dedication will be required for NE 1St Street and NE 1St Avenue together with a 4 foot dedication for the alley. These dedications have been accommodated with the layout of the project. A condition of approval is attached that the right-of-way deeds be submitted and recorded or provided on the plat prior to certification of the site plan. WAIVERS 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. Hotel Front Setback: Per LDR Section 4.4.13(F)(4)(a)(2), the minimum front setback for buildings with nonresidential uses on the ground floor in the CBD zoning district is 5 feet. The eastern elevation of the hotel includes an angled glass architectural feature that is approximately 3.5 feet wide and projects 5 feet into the minimum required setback (0-foot setback proposed). The applicant has submitted the following verbatim narrative in support of the waiver: "...The proposed architectural feature occurs at the upper level of the building and slopes outward to the setback as the height increases up to the top of the building where the feature reaches a zero setback. The impact of the encroachment into the setback is reduced since it is a gradual encroachment as the feature gets taller up the side of the building until it is at zero setback at the top. Therefore, approval of this waiver will not adversely affect the neighboring area..." "...The architectural feature is located on the upper portion of the building and is not an impediment to pedestrian or vehicular traffic. For the reasons set forth above, approval of this waiver will not create an unsafe condition..." 7/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Waiver Analvsis: The property has 259 feet 3 inches of frontage along Pineapple Grove Way. The 3.5-foot wide architectural feature will have an insignificant impact on the massing of the project on the streetscape. The encroachment of this feature into the required setback begins at a height of approximately 20 feet. Given this height, the feature will have an insignificant impact on pedestrians or vehicles along Pineapple Grove Way in terms of massing, light, and air circulation. Further, this architectural feature has no impact on the provision of public services and does not create an unsafe situation. Similar circumstances on other properties would lead to the same conclusion. Consequently, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Phase I Parking Lot Setbacks: Per LDR Section 4.4.13(F)(4)(c), the Phase I parking lot on the west side of the alley does not comply with the minimum and maximum building setbacks and frontages along NE 1St Street and NE 1St Avenue given the lack of a building during this phase. Due to the potential extended period that the parking lot may be in place, a waiver request has been submitted from these regulations. Waiver Analvsis: The applicant has provided the following justification with regard to the waiver request: "...The proposed site plan for the Project is for the development of a Hyatt Place as a phased development that will utilize the area west portion of the site for guest parking in phase 1. The master plan calls for an office building to be built along the frontage in phase 2 of construction. In the interim and with the completion of phase 1 the parking area will include a series of walls, columns, and a trellis feature to add hardscape to the frontage of the parcel in lieu of the building that will be built in phase 2. This is a temporary use and will be replaced by an office building when phase 2 is constructed. Therefore, approval of this waiver will not adversely affect the neighboring area..." The purpose of these regulations is to create a pedestrian friendly environment in the neo- traditional style of urban development. The phase II portion of the development includes the elimination of this parking area and construction of a 2-story office building that complies with these development regulations. The concern is the timing of these phase II improvements. Similar to the CVS/Office Depot approval and Putt'n Around Delray projects on Federal Highway, the applicant proposes to install a decorative picket fence and wall with trellis to provide massing and interest to mitigate for the lack of building mass. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Stacking Distance: Per LDR Section 4.6.9(D)(3)(c)(2), astacking distance of 100 feet is required in advance of all security gates. The development includes a security gate for the 45-space parking lot on the west side of the alley in phase I. This security gate has a 23-foot 4 inch stacking distance from the alley. A waiver request has been submitted from the required stacking distance. 8/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Waiver Analysis: The applicant has provided the following justification with regard to the waiver request: "...The proposed site plan for the Project is for the development of a Hyatt Place as a phased development that will utilize the area west of the alley for guest parking in phase 1. It is important to secure the parking area for hotel guests and therefore a gate system is proposed to secure the hotel guest parking area. The access will be by way of a card reader for room keys. The parking area is accessed from a mid block alley which does not have a lot of local traffic. Since the hotel complex is located on both sides of the alley reduced stacking distance will not create any conflicts with traffic. When Phase 2 of the project is constructed the gate will be removed. Therefore, approval of this waiver will not adversely affect the neighboring area. As referenced above, the reduced stacking will still provide adequate space for entering vehicles to be clear of the alley. Access will be quick and easy by inserting the room key into the card reader and therefore no back up of traffic will occur. The entry into the parking area will be of a low volume with multiple vehicles very rarely entering at the same time because of the random check in time that normally occur Therefore, approval of this waiver will not significantly diminish the provision of public facilities..." The stacking distance that is proposed will allow for one vehicle to stack at the card reader and not interfere with traffic along the alley. This configuration will likely result in periodic stacking of vehicles within the alley. The alley has a relatively low traffic volume and speeds consisting of local trips and utility vehicles such as solid waste trucks, which should not be excessively interrupted by these periodic stoppages. It is noted that the driveway entrance is 93 feet from NE 1St Street. Thus, there is no concern with respect to traffic stacking into the street. The waiver will not adversely affect neighboring properties or diminish the provision of public facilities. The waiver would also be supported under similar circumstances and therefore will not result in the grant of a special privilege. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Maneuvering Area: Per LDR Section 4.6.9(D)(4)(c), a 6-foot by 24-foot maneuvering area is required for dead end parking tiers. A 5-foot 2 inch by 30-foot dead end parking tier is proposed on the mezzanine level of the hotel. A waiver request has been submitted for the maneuvering area: Waiver Analysis: The applicant has provided the following justification with regard to the waiver request: "...This waiver is being requested to replace the required maneuvering area at the end of the parking bay with a clearly marked "No Parking" space being the last space in the parking row which will be used as the maneuvering space at the end of the parking bay. In addition the driving aisle has been widened from 24' wide to 30' to provide additional maneuvering area. Therefore, approval of this waiver will not significantly diminish the provision of public facilities... " The additional 6 feet of drive aisle width will provide sufficient maneuvering area to compensate for the reduction of 10 inches of maneuvering area depth to allow the last two vehicles along the sides of this parking tier to safely back out of the parking spaces and leave in a forward manner. Approving this waiver will have no impact on the neighboring area, public facilities, or create an unsafe situation. This waiver would not result in a special privilege and would be supported for 9/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 similar circumstances. Thus, positive findings can be made with respect to LDR Section 2.4.5 (B)(5). Technical Items: While the revised site plan has accommodated some staff concerns, the Engineering Division technical comments dated March 24, 2011, which have been forwarded to the applicant, remain outstanding will need to be addressed prior to certification of the site plan. In addition, the following comments must be satisfied: 1. That the "turn around" notation be eliminated from the office parking space and a bollard be installed. 2. That the correct sight visibility triangles are graphically depicted on the plans. 3. That the photometric plan is revised to include the building entrances and compliance with LDR Section 4.6.8. 4. That the photometric plan is revised to indicate compliance with the night illumination standards for the garage entrance. 5. That the photometric plan be revised to indicate an overall height of 25 feet for the light pole and fixtures. 6. That the hotel stairwell be revised to provide a door with direct access to the outside in accordance with direction by the Chief Building Official. 7. That the building cross sections are revised to graphically indicate compliance with the minimum required finished floor to finished ceiling height requirements of LDR Section 4.4.13(F)(1)(c). 8. That the plans be revised to indicate the relocation of the pole and anchor within the alley. 9. That a plat application be submitted prior to certification of the site plan and that the recorded plat be submitted prior to issuance of a building permit. LANDSCAPE ANALYSIS The proposed landscaping consists of Alcantarea Imperialis, Foxtail Fern, Gumbo Limbo, Green Buttonwood, Gold Dust Croton, Red Tip Cocoplum, Small Leaf Pitch Apple, Mammey Croton, Variegated Flax Lily, Green Island Ficus, Pink Hibiscus Standard, Dahoon Holly, Tree Form Privet, Purple Lantana, Wart Fern, Alexander Palm, Podocarpus, Cliff Date, Highrise Live Oak, Royal Palm, Cabbage Palm, Yellow Cassia, Mirror Leaf Viburnum, Sandankwa Viburnum. WAIVERS 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. 10/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Terminal Landscape Islands: Per LDR Section 4.6.16(H)(3)Q), each row of parking spaces must be terminated with a landscape island. These landscape islands (three total) have not been provided at the back-out parking spaces along the west side of the alley. The applicant has submitted the following verbatim narrative in support of the waiver: "...The terminal islands would be located at an entry to a covered parking area which is serviced from the alley. The alley is the main service route which is fully contained within the site and is not visible to the surrounding neighborhood. Therefore, approval of this waiver will not adversely affect the neighboring area. The location is internal to the project and not visible to the surrounding neighborhood. Therefore, approval of this waiver will not significantly diminish the provision of public facilities. The deleting of the terminal islands and replacing them with concrete separator islands will not create an unsafe condition. The separators will channel traffic in and out of the covered parking area. Therefore, approval of this waiver will not create an unsafe condition... " Waiver Analysis: Given the location interior to the property along an alley, the elimination of the landscape islands would not adversely impact the neighboring area. The provision of public facilities would not be diminished by the proposed waiver and would not create an unsafe situation. The waiver would not grant a special privilege to the owner since the City has approved similar waivers to landscaping along alleys in the downtown area. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to building permit submission unless as otherwise noted. 1. That the height notations are provided on the plans for all Royal Palms. 2. That a canopy tree is provided for the northern landscape island of the back-out parking spaces along the west side of the alley. 3. That the fire hydrant along NE 1St Street is relocated and that a Royal Palm is installed in the island. 4. That a landscape maintenance and hold harmless agreement for landscaping within adjacent rights-of-way be recorded prior to certification of the site plan. ARCHITECTURAL ELEVATIONS Per LDR Section 4.5.1(E)(2), the office building is considered a minor development. Visual compatibility with surrounding historic neighborhood for new construction is based on LDR Section 4.5.1(E)(8)(a)-(I)[Visual Compatibility Standards]. Pursuant to LDR Section 4.6.18(E), the following criteria shall be considered, by the Historic Preservation Board, in the review of 11 /22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 plans for building permits associated with the hotel. If the following criteria are not met, the application shall be disapproved. a) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. b) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. c) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. Visual Compatibility Standards: The following Standards apply, in part, to the office building and single family residence: (a) Height: The height of proposed buildings or modifications shall be visually compatible in comparison or relation to the height of existing structures and buildings in a historic district for all major and minor development. (b) Front Facade Proportion: The front facade of each building or structure shall be visually compatible with and be in direct relationship to the width of the building and to the height of the front elevation of other existing structures and buildings within the subject historic district. (c) Proportion of Openings (Windows and Doors): The openings of any building within a historic district shall be visually compatible with the openings exemplified by prevailing historic architectural styles of similar buildings within the district. The relationship of the width of windows and doors to the height of windows and doors among buildings shall be visually compatible within the subject historic district. (d) Rhythm of Solids to Voids: The relationship of solids to voids of a building or structure shall be visually compatible with existing historic buildings or structures within the subject historic district for all development, with particular attention paid to the front facades. (e) Rhythm of Buildings on Streets: The relationship of buildings to open space between them and adjoining buildings shall be visually compatible with the relationship between existing historic buildings or structures within the subject historic district. (f) Rhythm of Entrance and/or Porch Projections: The relationship of entrances and porch projections to the sidewalks of a building shall be visually compatible with existing architectural styles of entrances and porch projections on existing historic buildings and structures within the subject historic district for all development. (g) Relationship of Materials, Texture, and Color: The relationship of materials, texture, and color of the facade of a building and/or hardscaping shall be visually compatible with the predominant materials used in the historic buildings and structures within the subject historic district. 12/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 (h) Roof Shapes: The roof shape, including type and slope, of a building or structure shall be visually compatible with the roof shape of existing historic buildings or structures within the subject historic district. The roof shape shall be consistent with the architectural style of the building. (i) Walls of Continuity: Walls, fences, evergreen landscape masses, or building facades, shall form cohesive walls of enclosure along a street to ensure visual compatibility with historic buildings or structures within the subject historic district and the structure to which it is visually related. (j) Scale of a Building: The size of a building and the building mass in relation to open spaces, windows, door openings, balconies, porches, and lot size shall be visually compatible with the building size and mass of historic buildings and structures within a historic district for all development. (k) Directional Expression of Front Elevation: A building shall be visually compatible with the buildings, structures, and sites within a historic district for all development with regard to its directional character, whether vertical or horizontal. (I) Architectural Style: All major and minor development shall consist of only one (1) architectural style per structure or property and not introduce elements definitive of another style. Analysis: The predominant characteristic of the existing buildings along NE 1St Avenue between NE 1St Street and NE 2 Street are one and two story structures. The office building is now proposed as a two story building and has essentially the same identical contemporary architectural style as the approved. The hotel is also a contemporary architectural interpretation and is unchanged from the approved elevations except for the addition of a angled glass architectural feature along the east elevation. The color scheme of the building has been modified to comply with the conditions of approval from the Pineapple Grove Limited proposal. The current color scheme consists of Wilmington Tan (dark tan), Powell Buff (medium tan), and Monterey White (light tan). The building also contains precast natural stone applications and black railing. The north side of the hotel has been modified to provide faux window treatments, horizontal banding, and vertical and horizontal scoring to address the previous conditions of approval. Parapet: Per LDR Section 4.6.18(B)(14)(i)3), flat roofs shall be screened from adjacent properties and streets with decorative parapets. The maximum height of the parapet wall shall be 6 feet or be of sufficient height to screen all roof mounted equipment, whichever is greater, measured from the top of the roof deck to the top of the parapet wall. The parapet on the tower at the southeast corner of the hotel building is 9 feet 10 inches high. The applicant has indicated that mechanical equipment will be located in this area. In order to justify this height, a condition of approval is attached that details of the equipment are provided and watermarked on the building elevations. 13/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 REQUIRED FINDINGS 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, 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 and Comprehensive Plan Consistency, Concurrency, and Compliance with the Land Development Regulations. At its meeting of May 7, 2002, the City Commission made positive findings with respect to the Future Land Use Map, Comprehensive Plan Consistency, and Concurrency provided conditions of approval are addressed. However, the following is provided: Section 3.1.1 (A) -Future Land Use Map: That portion of the subject property west of the alley has a FLUM (Future Land Use Map) designation of OMU (Other Mixed Use) and zoning designation of OSSHAD. The portion of the property located east of the alley has a Future Land Use Map designation of CC (Commercial Core) and a zoning designation of CBD (Central Business District). The zoning districts are consistent with the CC Future Land Use Map designations. As noted in the background section, the southern 34.75 feet of Lot 6 and all of Lots 7 and 8 are subject to the permitted uses and development regulations of the CBD zoning district as the CBD overlay extends into this area. Pursuant to LDR Section 4.4.13(B)(1), (2), (3), and (5), hotels, retail, office and restaurants are allowed uses within the CBD zoning district. Thus, positive findings can be made with respect to Future Land Use Map consistency. Section 3.1.1 (B) - Concurrency: As described in Appendix A, a positive finding of Concurrency can be made as it relates to water, sewer, streets and traffic, drainage, parks and recreation, open space, schools, and solid waste. Section 3.1.1 (C) -Consistency (Standards for Site Plan Actions): As described in Appendix B, a positive finding of consistency can be made as it relates to Standards for Site Plan Actions. Section 3.1.1 (D) -Compliance With the Land Development Regulations: As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can be made, provided that all outstanding items attached as conditions of approval are addressed. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives or policies were noted: Future Land Use Element Objective A-1 -Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. 14/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 The guests of the hotel will provide a unique tourist customer base for the surrounding businesses. These quests will provide economic stability for businesses in the area, particularly with respect to the restaurant and entertainment sectors. This is also true of the office portion of the development. The office employees will provide aday-time customer base for area businesses with a particular emphasis on restaurants. Future Land Use Element Policy C-4.4. -The City supports the efforts to revitalize the Pineapple Grove Main Street (PGMS) area, and the use of the Main Street approach: organization, promotion, design, and economic restructuring. While the CRA is the lead support agency for the PGMS organization, the City will provide technical support and assistance through the Planning & Zoning and Community Improvement Departments. The Pineapple Grove Main Street Neighborhood Plan contains several design guidelines that address redevelopment efforts within this area. These items were previously discussed under the "Compliance with LDRs" Section of this report. Transportation Element Policy D-2.2 -Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. Bicycle parking is provided at the southeast and southwest corners of the development. Section 2.4.5 (F)(5) -Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The subject property is bordered to the north, south and west by the Old School Square Historic Arts District zoning district and to east and south by the CBD zoning district. The adjacent land uses include: to the north and west single family residential and commercial uses; to the east by the Astor mixed use development; and to the south by the public parking garage. The proposed redevelopment will provide year-round customer and employment base for the nearby commercial redevelopment along Pineapple Grove Way as well as new opportunities for businesses. The stability of the downtown area will be enhanced by the addition of the hotel quests that will patronize area businesses and contribute to the long term revitalization of this redevelopment area together with employment base of the commercial uses. REVIEW BY OTHERS The development proposal is located in an area which requires review by the PGAD (Pineapple Grove Arts District) Executive Committee, the CRA (Community Redevelopment Agency), and the DDA (Downtown Development Authority). Pineapple Grove Arts District Executive Committee The Executive Committee will consider the proposal at its meeting of April 6, 2011. The results of the Executive Committee will be provided to the HPB. Community Redevelopment Agency (CRA) At its meeting of March 10, 2011, the CRA reviewed the proposal and recommended approval. 15/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 Downtown Development Authority (DDA) At its meeting of March 14, 2011, the DDA reviewed the proposal and recommended approval. Courtesy Notice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: ^ Neighborhood Advisory Council ^ Chamber of Commerce ^ Delray's Citizen's Coalition ^ Old School Square Any letters of support or objection will be presented at the Historic Preservation Board meeting. ASSESSMENT AND CONCLUSION The mixed-use development will further enhance the vibrancy of the downtown area and the continued redevelopment of the Pineapple Grove redevelopment area. The proposed uses are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Positive findings can be made with respect to Section 2.4.5(F)(5) regarding compatibility of the proposed development with surrounding properties. Positive findings can be made with respect to compliance with the Land Development Regulations provided the conditions of approval are addressed. ALTERNATIVE ACTIONS A. Postpone with direction. B. Move approval of COA 2011-080-SPM-HPB-CL-4, associated Class IV site plan modification, landscape plan, design elements, and waivers for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to conditions of approval. C. Move denial of COA 2011-080-SPM-HPB-CL-4, associated Class IV site plan modification, landscape plan, design elements, and waivers for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, does not meet criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan. STAFF RECOMMENDATION By Separate Motions: Waivers: 1. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(4)(c), which requires a minimum and maximum building setback and frontages for the phase I parking lot at the northeast corner of NE 1St Street and NE 1St Avenue, which requires a 40- foot visibility triangle at the intersection of two public rights-of-way, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 16/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 2. Recommend approval to the City Commission of the waiver to LDR Section 4.4.13(F)(4)(a)(2), which requires a minimum front setback of 5 feet for buildings with nonresidential uses on the ground floor in the CBD zoning district, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 3. Recommend approval to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c)(2), which requires a stacking distance of 100 feet is required in advance of all security gates, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 4. Recommend approval to the City Commission of 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 tiers, based on a positive finding with respect to LDR Section 2.4.7(B)(5). 5. Approve the waiver to LDR Section 4.6.16(H)(3)Q), which requires terminal landscape islands for each row of parking, based on a positive finding with respect to LDR Section 2.4.7(B)(5). Site Plan Modification: Approve COA 2011-080-SPM-HPB-CL4 and associated Class IV site plan for Hyatt Place, by adopting the findings of fact and law contained in the staff report, and finding that the request, and approval thereof, meets criteria set forth in Chapter 3, Section 2.4.5(F)(5) of the Land Development Regulations and Comprehensive Plan, subject to the following conditions of approval. 1. Address all Site Plan Technical Items and submit four (4) copies of the revised plans. 2. That the parallel spaces in phase I are revised to provide the required 8-foot by 22-foot dimension. 3. That the applicant contributes one-quarter of the cost associated with the improvement to the intersection of NE 1St Street and NE 1St Avenue prior to certification of the site plan. 4. That the right-of-way deeds be submitted and recorded or provided with the plat prior to certification of the site plan. 5. That the payment of the parks and recreation impact of $67,000 be submitted prior to issuance of a building permit. Landscape Plan: Approve COA 2011-080-SPM-HPB-CL4 and associated landscape plan for Hyatt Place, based on positive findings with respect to LDR Section 4.6.16, subject to the condition that all Landscape Technical Items are addressed and three (3) copies of the revised plans are submitted. Elevations: Approve COA-2011-080-SPM-HPB-CL4 and associated design elements for Hyatt Place, based on positive findings with respect to LDR Section 4.6.18, subject to the following conditions: 17/22 Historic Preservation Board Meeting of April 6, 2011 Hyatt Place COA 2011-080-SPM-HPB-CL4 That details of the rooftop equipment within the hotel tower are provided and watermarked on the building elevations that justify the increased parapet height. Attachments: • Appendix A • Appendix B • Site Plan • Architectural Elevations • Landscape Plan Report prepared by: Scott D. Pape, AICP, FCP, Senior Planner 18/22 Appendix A Page 1 APPENDIX A CONCURRENCY FINDINGS Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: With respect to water and sewer service, the following is noted: - Water service will be available to the site via lateral connection to a proposed 8" main along the alley from an existing 8" main along NE 1St Street. - Sewer service exists to the site via an 8" sewer main located within the alley. - It is noted that adequate fire fighting capabilities are provided via one new fire hydrant along the alley, one existing fire hydrant at the southeast corner of Pineapple Grove Way and NE 1St Street, and one existing fire hydrant on the east side of Pineapple Grove Way at the north end of the subject development, and an existing fire hydrant at the southwest corner of NE 1St Street and NE 1St Avenue. Pursuant to the City's Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to these levels of service standards. Streets and Traffic: The subject property is located in the City's TCEA (Traffic Concurrency Exception Area), which encompasses the CBD, CBD-RC, and OSSHAD zoning districts, as well as the West Atlantic Avenue corridor. The TCEA was established in December, 1995 to aid in the revitalization of downtown, with a purpose of reducing the adverse impacts of transportation concurrency requirements on urban infill development and redevelopment. These revitalization efforts are achieved by exempting development within the TCEA from the requirements of traffic concurrency. Therefore, a positive finding can be made with respect to traffic concurrency. Parks and Recreation Facilities: The 134-room hotel will not have a significant impact with respect to level of service standards for parks and recreation facilities. However, pursuant to LDR Section 5.3.2(C), Impact Fee Required, whenever a development is proposed upon land which is not designated for park purposes in the Comprehensive Plan, a impact fee of $500.00 per dwelling unit (including hotel rooms) will be collected prior to issuance of building permits for each unit. Thus, an impact fee of $67,000 will be required of this development. Solid Waste: Trash generated each year by the hotel, 2,100 square feet of retail, 1,666 square feet of restaurant, 15,918 square feet of office will be 134.69 tons. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2024, thus a positive finding with respect to this level of service standard can be made. Appendix A Page 2 Drainage Preliminary drainage plans were submitted which indicate that drainage will be accommodated via sheet flow to culverts that will direct stormwater to exfiltration trenches and the City's stormwater collection system along NE 1St Street. Based on the above, positive findings with respect to this level of service standard can be made. School Concurrence: A finding of concurrency is not required for the proposed development. 20/22 Appendix B Page 1 Page 1 APPENDIX B STANDARDS FOR SITE PLAN ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable 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 applicable Meets intent of standard X Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent F. Property shall be developed or redeveloped in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent 22/22 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 30, 2011 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF JULY 5, 2011 SUSTAINABLE COMMUNITIES GRANT CONSORTIUM AGREEMENT ITEM BEFORE COMMISSION The request is to enter into a Consortium agreement to provide support to various agencies, organizations, governments and individuals that will be working in cooperation to complete work on a Regional Sustainable Communities Initiative funded under a sustainability grant from the US Department of Housing and Urban Development. BACKGROUND The South Florida Regional Planning Council (SFRPC), working in partnership with the Treasure Coast Regional Planning Council (TCRPC), entered into memoranda of understanding (MOU) with 130 organizations, with an additiona170 organizations providing letters and resolutions of support, to create the Southeast Florida Regional Partnership. On behalf of the Partnership, the SFRPC, as lead applicant, submitted an application to the U.S. Department of Housing and Urban Development and was subsequently selected as one of 45 recipients of the first round of Sustainable Communities grants in 2010. At the time of the application the Consortium participants agreed to enter into formal Consortium Agreements (Agreement) with the SFRPC within 120 days (June 21, 2011) of the formal Cooperative Agreement entered into with HUD on February 21, 2011. The Consortium will work together to successfully carry out the activities outlined in the Southeast Florida Regional Partnership's work plan to create a "Regional Vision and Blueprint for Economic Prosperity," (Regional Vision and Blueprint) approved by the U.S. Department of Housing and Urban Development (HUD) on May 11, 2011. Under this Agreement the City will provide in kind services including participation in meetings and on project issue committees, research and evaluation activities, and other planning activities required in the development of a Regional Plan for Sustainable Development. RECOMMENDATION Recommend approval of the Consortium Agreement with the South Florida Regional Planning Council. __ Southeast Florida Regional Partnership Indian River- St. Lucie - Nrartin Palm Beach - Brov~sard - Miarni-Nadi>_ -Monroe Sustainable Communities Grant Consortium Consortium Agreement WHEREAS, In tune 2009, the U.S. Departments of Housing and Urban Development (HUD), Transportation, and the Environmental Protection Agency announced the creation of an interagency partnership and Sustainable Communities Regional Planning Grant Program that would support regions who committed to work collaboratively across jurisdictional boundaries to create "Regional Plans for Sustainable Development"; WHEREAS, the South Florida Regional Planning Council (SFRPC), working in partnership with the Treasure Coast Regional Planning Council (TCRPC), entered into memoranda of understanding (MOU) with 160 organizations, with an additional 70 organizations providing letters and resolutions of support, to create the Southeast Florida Regional Partnership (Partnership); WHEREAS on behalf of the Partnership, the South Florida Regional Planning Council (SFRPC), as lead applicant, submitted an application to the U.S. Department of Housing and Urban Development and was subsequently selected as one of 45 recipients of the first round of Sustainable Communities grants in 2010; WHEREAS, as part of the application process a subset of Partnership members were organized to form the nucleus of a strong leadership consortium called the "sustainable Communities Grant Consortium" that would be expanded over time to include additional Partnership members; WHEREAS, initial Consortium participants include approximately 45 local governments, metropolitan and transportation planning organizations, nonprofit community-based organizations, professional associations, public and private sector organizations, and educational institutions; and WHEREAS, at the time of the application the Consortium participants agreed to enter into formal Consortium Agreements (Agreement) with the SFRPC within 120 days (June 21, 2011) of the formal Cooperative Agreement entered into with HUD on February 21, 2011. NOW THEREFORE, the Parties hereto agree as follows: I. Consortium Participants: This Agreement is entered into by members of the Southeast Florida Regional Partnership's Sustainable Communities Grant Consortium (Consortium). - Il. Goal: The Consortium will work together to successfully carry out the activities outlined in the Southeast Florida Regional Partnership's work plan to create a "Regional Vision and Blueprint for Economic Prosperity," (Regional Vision and Blueprint) approved by the U.S. Department of Housing and Urban Development (HUD) on May 11, 2011. The work plan, milestones, and schedules will be more fully developed by the Partnership's Executive Committee, the chief governing board far the Partnership and the Consortium; Partnership and Consortium participants; and work groups. Please see Attachment A -Abstract and Work Plan Summary. The Partnership and Consortium will take the fallowing six steps to achieve and sustain the Regional Vision and Blueprint: ^ Build long term collaborative partnerships; ^ Build and support the region's leadership capacity; Measure where the region currently is and where it will likely be if trends continue; ^ Identify a vision of the future with better outcomes than identified in the current conditions and trend analysis; ^ Engage communities in developing plans to achieve the Regional Vision and Blueprint with emphasis on equitable and achievable outcomes; and ^ Develop strategies to implement the Regional Vision and Blueprint and measure progress towards the Regional Vision and Blueprint outcomes. III. Purpose of the Agreement: The purpose of this Agreement is to formalize the roles and commitments of the Consortium participants as they are known today. The Partnership and Consortium will work over the next three years to create and lay the foundation for implementation of the Regional Vision and Blueprint. iV. Roles /Commitments: Please see Attachment B for specific commitments of in-kind, cash, or additional leverage fund contribution. Partnership and Consortium participants, as regional leaders, commit to develop and implement the Regional Vision and Blueprint unless it is detrimental to their organization and/or the region. Specifically Consortium participants agree to: ^ Assist and participate in the development of strategies, plans and tools; ^ Assist in engaging stakeholders, particularly local and hard-to-reach populations; ^ Help assess, analyze, and evaluate plans, strategies, tools, and projects; ^ Play specific roles in implementing local projects providing leadership, staff support, research, oversight, or financial support; ^ Participate in educational and outreach opportunities through classes, meetings, conferences, and workshops; and ^ Assist in developing and refining the visions and plans that constitute the elements of a sustainable region and integrating these visions. Furthermore, Consortium participants reaffirm: ^ The SFRPC will act in the representative capacity with HUD on behalf of all members of the Consortium and the SFRPC agrees to assume administrative responsibility for ensuring the Consortium's program is carried out in compliance with HUD requirements and the Federal Funding Accountability and Transparency Act of 2006; ^ To work cooperatively with the SFRPC (lead applicant), the TCRPC, and other Partnership and Consortium participants to develop the Regional Vision and Blueprint; ^ To work with the Executive Committee established as the overalk governing body for the Partnership to ensure full participation by Partnership and Consortium participants in developing and implementing the Regional Vision and Blueprint, and to involve additional committees, organizations, and groups as part of the community engagement work that is integral to this effort; and ^ To commit leveraged resources in terms of staff, financial investment, or other resources in support of carrying out the work program to the best of their ability. Consortium participants will designate a primary delegate and a backup delegate to serve as points of contact for the participating organization and to participate in meetings of the Consortium. The Consortium delegates or their designees will meet at least three times a year to receive reports on the work of the Consortium and the Partnership and will function as an advisory board for the development of the Regional Vision and Blueprint and related work plan activities. The SFRPC, as lead fiscal agent, will maintain a list of all Consortium delegates and their primary designees. Any Consortium member may terminate its membership in the Partnership upon written notice from the organization's Executive Director or Chief Executive Officer, with hard copy by U.S. Mail, to the Executive Director of the SFRPC. Termination of Consortium member status shall not relieve a member of any responsibilities orliabilities already incurred. 2 V. Governance Structure and Decision-making: The following principles guide the Partnership's organization: o Build an enduring consensus and constituency for the Regional Vision and Blueprint; o Develop a clear organizational structure and decision-making protocols far the Partnership; o Create multiple, meaningful opportunities for engagement, input and decision-making from the full range of public, private, and civic/nonprofit partners in the region, including traditionally underrepresented stakeholders; o Enable "joinability" so that the Partnership and Consortium can continue to grow over time; o Build on the strengths of existing institutions in the region; o Engage and build ownership among implementing agencies and stakeholders early and throughout the process; o Ensure transparency and clear lines of accountability and reporting; and o Adapt the Partnership's organizational mode] over time as the project shifts from visioning to implementation. Southeast irlorida Regional Partnership Organization The core elements of the organization include the following: Mission Statement The Southeast Florida Regional Partnership wil! create and implement a "Regional Vision and Blueprint far Economic Prosperity" to support the creation of a vibrant and resilient economy; socially inclusive, sustainable, and equitable communities; and environmental sustainability. Southeast )Florida Regional Partnership: Provides a regional forum for discussion and consensus building on " issues of importance to Southeast Florida. The Partnership will develop and approve the Regional Vision and Blueprint, and support long-term implementation of Regional Vision and Blueprint through individual and collective action. During the visioning process the Partnership will primarily conduct its work through issue- specific Work Groups, augmented by at least four summits of the entire Partnership during the visioning process. In parallel with the visioning process, the Partnership will explore options for along-term optimal structure to assist with implementation, progress review, and future updates. The intent is for the Partnership to develop along-term structure for its ongoing operations by the conclusion of the visioning process. To join the Partnership, organizations must sign an MOU and commit to work collaboratively to advance the region's livability and sustainability through implementation of the work program developed by the Partnership with support of the Sustainable Communities Planning Grant Program. Partnership members who are not currently Consortium participants and have pledged leverage and in-kind support, or other interested Partnership members, may wish to become Consortium participants with additional responsibilities in the development and implementation of the work plan. 3 Partnership Work Groups: Serve as regional subject matter experts in identified issue areas, and develop technical and policy recommendations and draft products for review by the Partnership. Work Group membership will be open to Partnership members (individuals and organizations) interested in the subject matter. The Partnership Executive Committee will ensure the membership of each Work Group reflects a mix of perspectives among the public, private, and civic sectors; among subareas and types ofi communities in the region (coastal, urban, suburban, and rural]; and among socioeconomic/ethnic groups including traditionally underrepresented groups. The chair and vice chair of each Work Group will be identified by the Partnership's Executive Committee. Sustainable Communities Grant Consortium: Serve as the core team within the Partnership for meeting HUD requirements and carrying out activities to develop the Regional Vision and Blueprint. Consortium participants will support key activities as defined in this Agreement under IV. Roles and Commitments. Consortium participants agree to the basic commitments and responsibilities outlined for Partnership members, as well as the additional commitment of leveraged resources in terms of staff, financial investment, or other resources. Certain Consortium participants will be identified as Subgrantees with a commitment to provide specific program assistance fiunded through grant funds. All Subgrantees will have a contract with the SFRPC that specifies specific deliverables and time frames and passes through all HUD grant requirements. These contracts will be more clearly defined following appointment of the Project Director and Program Manager. Executive Committee: Serve as the overall governing board for Partnership. The Executive Committee will oversee the Sustainable Communities Regional Planning Grant administration; establish the project organization; approve the overall work plan; recommend the selection of staff and consultants to the Regional Planning Council boards for action; provide guidance to the Project Director and Program Manager; provide policy direction for the Regional Vision and Blueprint; ensure all constituencies have meaningful opportunities to engage and shape the process; identify and resolve significant issues arising during the process; recommend the final Regional Vision, Blueprint, and implementation plan; and recommend the long-term structure for Southeast Florida Regional Partnership. The Executive Committee has 17 initial members as identified in the grant application. The Committee is designed to expand as needed to ensure representation of segments of the region as needed to make the Executive Committee more responsive to the needs of all residents and businesses. The Executive Committee has established two subcommittees to guide its initial work: an Operations Subcommittee and an Organization and Equity Subcommittee. Regional Planning Councils /Project Management Team: The SFRPC will act as the fiscal agent for the grant. The SFRPC will work with the TCRPC to manage the work program, including hiring the Project Director, Program Manager, and other staff and consultants; developing consultant scopes of work and budgets; and providing technical and consensus-building assistance to Consortium and Partnership members. The intent for these committees and work groups is to use a consensus decision-making process. This entails substantial engagement of all parties, full transparency, extensive dialog, and ultimately crafting policies and decisions that are acceptable to all parties. The process takes longer, but produces results that when embraced, will provide the foundation for continuing work. If full consensus cannot be reached then the Executive Committee will be in a position to take a majority vote on a specific issue as well as asuper-majority vote to approve the final Regional Vision and Blueprint. VI. Partner Roles /Commitments: The members of the Southeast Florida Regional Partnership will belong to one of three tiers. TIER ! -Partnership Member. Basic tier of participation. All Partnership members have signed a MOU and committed to work collaboratively to advance regional livability principles through implementation of the work program developed by the Partnership with support from the Sustainable Communities Grant Program. 4 TIER 2 - Sustainable Communities Grant Consortium Member. This includes the basic commitments and responsibilities outlined for Partnership members, but also includes additional commitment of leveraged resources in terms of staff, financial investment, or other resources. To be a Consortium member, a Partnership member must execute a consortium agreement to formalize their greater level of commitment and direct involvement in the development and implementation of the Regional Vision and Blueprint for Economic Prosperity. TIER 3 --Consortium Subgrantees. In addition to general Consortium participant commitments and responsibilities, a subset of Consortium participants may be asked to perform specific work program tasks. In addition to this Agreement, Consortium Subgrantees will be required to enter into a contract with specific deliverables and time frames, and meet all HUD requirements. As the Regional Vision and Blueprint for Economic Prosperity initiative unfolds, work groups meet, and the Executive Committee makes decisions on process and content, new roles and responsibilities may emerge. These new roles and responsibilities will be captured in project scopes and new agreements. VII. Accountability: To ensure successful completion of the project activities, Consortium participants will designate a primary delegate and a backup delegate to serve as points of contact for the participating organization with the SFRPC and participate in meetings of the Consortium. Consortium participants shall participate in meetings and provide leverage and in-kind reporting forms to the SFRPC as requested to meet all HUD requirements. Guidance regarding general reporting for leverage and in-kind funds will be provided once it is received from HUD. Subgrantee contracts will contain specific deliverables, time frames, and reporting requirements. Overall initiative accountability will be managed by a three level project management system. Level I -The highest level is reporting periodically on individual project progress and how that relates to the overall initiative progress. This will be done through the website and quarterly status reports. Level II -Project management of specific work tasks or projects will include identified tasks and timelines which will be captured and monitored. The Project Director and Program Manager will be responsible for ensuring that work tasks undertaken by Consortium participants, who may also be Subgrantees, are tracked, recorded, and incorporated into an overall project management system to ensure timely completion of delegated tasks. level Ill -The third level of project accountability will be the oversight of the Executive Committee, which will meet at least once per quarter to review progress on individual projects as well as the overall initiative. Vlll. Joinability: The Southeast Florida Regional Partnership and the Sustainable Communities Grant Consortium will continue to grow over time. An ongoing task will be to reach out to potential new partners and seek their membership and active involvement. New partners will be asked to sign the Partnership MOU or Consortium Agreement as appropriate. Interested stakeholders who have not joined the Partnership will be able to participate in appropriate work groups and the regional summits and community workshops, and will be encouraged to join the Partnership as members. VIIII. Public Engagement: All meetings of the Southeast Florida Regional Partnership and the Consortium are publicly noticed. On most occasions, interested persons can participate by phone, webinar, or in person. The Consortium will implement a wide ranging public engagement process throughout the region that prioritizes the engagement of all community residents and stakeholders, particularly groups traditionally underrepresented in public planning processes. This process will include community outreach, written and visual materials and information accessible to disabled populations. The public involvement component will ensure the participation of a wide range of stakeholders to ensure a diversity of population, viewpoints, and issues. 5 X. Other Considerations: As indicated above, Subgrantees (Tier 3) will have individual contractual instruments specific to their circumstances, responsibilities, and commitments. Special circumstances requiring governance changes, representation, changes or other alterations to agreements or process will be reviewed by the Executive Committee and final action taken by SFRPC, the lead fiscal agent. Benefits for participation in the Partnership and Consortium are the enhanced ability of the region and individual communities to develop and implement the Regional Vision and Blueprint for Economic Prosperity. By participating in the Partnership and Consortium, work partners will be able to influence the development of plans, strategies, and tools and access those tools for their own use. In addition, partners will have the potential opportunity to access additional federal and other funds to advance their own prosperity, livability, and sustainability goals as long as they also further the regional priorities. By my signature below, my organization /agency reaffirms its commitment to serve as a member of the Sustainable Communities Grant Consortium in accordance with the terms outlined in this Agreement. understand that this Agreement will be executed in one or more counterparts, each of which will be deemed an original, but all of which will constitute one and the same instrument. The executed Agreement will be kept on file at the South Florida Regional Planning Council. This Agreement will become effective upon signature by any two parties and may be terminated upon written notice to the South Florida Regional Planning Council. The provisions of this Agreement will be reviewed periodically and amended or supplemented, as appropriate, as may be mutually agreed upon. Signature Typed Name and Title Organization /Agency. Signature Jack Osterholt, Interim Executive Rirector South Florida Regional Planning Council Date: Please return executed agreement to: Mr. Jack Osterholt Interim Executive Director South Florida Regional Planning Council 3440 Hollywood Boulevard, Suite 140 Hollywood, Florida 33021 Date: 6 Attachment A •- ~ ul~,. ~-... - ,a _. ~. _ T ~ d rf ~ U.S. ©epartment of Housing and Urban Development Sustainable Communities Planning Grant Program "Regional Vision and Blueprint for Economic Prosperity" Submitted By the South Florida Regional Planning Council on behalf of the Southeast Florida Regional Partnership Indian River- 5t. Lucie -Martin Palm Qeach -Broward -Miami-f7ade-Monroe May 2011 Abstract and Work Plan Summary Southeast Florida Regional Vision and Blueprint for Economic Development Southeast Florida is home to 6.2 million people (one-third of Florida's total population) that, combined, create the fifth largest metropolitan region in the country. It is also a region in rapid transition. Regional issues that go beyond traditional local boundaries, such as international migration, global trade, and tourism, including expansion of the Panama Canal, Everglades restoration, transportation, water management, the housing and unemployment crisis, and climate change are reshaping the region. Haw we address those issues could very well determine Southeast Florida's long-term success. With substantial in-kind and leveraged support from the Southeast Florida Regional Partnership (Partnership), and funding pursuant to U.S. Department of Housing and Urban Development's Sustainable Communities Regional Planning Grant Program, the Partnership will develop Southeast Florida's Regional Vision and Blueprint for Economic Prosperity to ensure that planning and investment decisions yield a more prnsperous, inclusive, and sustainable region. The process will be the first comprehensive effort to develop a regional plan that spans the existing jurisdictions of two regional planning councils, multiple state agency sub-districts, 6 metropolitan and transportation planning organizations, numerous special districts, seven counties, over 100 municipalities, and a diverse mix of business, social and ethnic organizations. Because Southeast Florida is on the cutting edge of global issues such as international immigration, trade, communication, and climate change, regional solutions developed in Southeast Florida will provide a model for other regions. As those issues have become dominant, traditional regional planning and development processes will have to recreate themselves in order to stay competitive for domestic public funding, reflect demographic changes, and provide the framework for successful private investment and the creation of jobs. The regions that successfully manage that transition will create the mndels for future sustainable, regional planning. Southeast Florida is well-positioned to create such a model. The Sustainable Communities Initiative provides Southeast Florida with a unique and exceptionally well-timed opportunity to build on its local and regional plans, capitalize on its past successes, learn from its past failures, and forge a real regional alliance for the future. Funds will be used to: ® Develop and begin implementation of the long-term Regional Vision and Blueprint for Economic Prosperity including specific implementation strategies, assignments, and timelines to ensure accountability and follow-through. ® Create integrated data, tools, and models to assess the region today, understand the region's future, and track progress toward the Vision and Regional Blueprint. A monitoring plan will focus an measuring progress toward specific regional outcomes aligned with all six livability principles, plus a seventh climate change principle because of Southeast Florida's extreme vulnerability. ® Build and sustain inclusive leadership and partnerships to strengthen regional collaboration and stewardship, providing a foundation far the region's future long-term success. That the Southeast Florida Regional Partnership already has 200 public, private, and non-profit member and supporting organizations, and can leverage substantial federal, state and local funds toward development and implementation of the Regional Vision and Blueprint provides a strong testimony to the region's commitment to creating a region that is economically competitive and prosperous, socially inclusive, and environmentally sustainable. The intersection of major federal investments in the region's infrastructure for trade, transportation, housing, and the environment with a comprehensive and strategic regional vision and plan promises dividends in new 2 jobs, vibrant equitable communities, an enhanced and sustainable environment and a region prepared to be successful in the global economy. Worts Plan Summary The work plan presented below defines the process for addressing the issues and working towards the goals highlighted above, culminating in the Southeast Florida Regional Vision and Blueprint for Economic Prosperity. A full copy of the work plan and supporting materials can be found at: ftp://www.sfrpc.or~/ To download a copy to your computer, right click on the file and "save as" to save it locally. Objectives The Southeast Florida Regional Partnership is embarking on a regional visioning, strategic planning, and consensus building initiative to enhance economic, environmental, and social sustainability in the region for the next 50 years and beyond. The resulting Regional Vision and Blueprint will be the result of partnerships among the region's many separate jurisdictions and public, private, and civic stakeholders. It is those partnerships that will engender cooperation in guiding growth and development on a local level that will, at the same time, produce better benefits to the region as a whole. The fundamental objectives for the process are to: • Develop a unifying vision for the Southeast Florida region that will result in a vibrant, resilient economy; livable communities; and sustainable development over the next 50 years. The vision will include implementation steps for local governments as well as recommendations for private and civic stakeholders; • Initiate a broad educational effort to increase understanding of shared regional assets; issues, challenges and opportunities facing the region; and the necessity for cooperation to sustain the economy, environment, and quality of life as the region moves into the future; • Achieve regional public participation and engagement in the planning process to engender community champions and supporters of the process who will translate the vision into reality; • Expand the capacity of local governments and regional and community leaders from the public, private, and Civic sectors to develop and implement the Regional Vision and Blueprint; • Improve communication and build bridges to ensure participation in ongoing planning and decision- making in the region; and • Ensure that all segments of the population are involved and engaged in the decision-making process, with particular emphasis on traditionally under-represented residents. Principles The Southeast Florida Regional Partnership recognizes the value of working together to envision an achievable future that improves economic prosperity, respects the environment, and supports livable, unique communities. Therefore, the work plan will be built on and incorporate the six Livability Principles established by the federal interagency partnership as well a seventh principle related to climate change resiliency. 3 The work plan will ensure that: ® All residents in the region have the opportunity to participate in the educational and decision-making process of defining a vision for the region. ® Inequities within the region will be addressed in both decision-making and outcomes of the visioning and strategic planning process. ® The Regional Vision and Blueprint and associated policies will be clear and understandable, will address the deeply held values in the region, and will include specific actions for implementation by public, private, and civic partners, including integration into existing regional and local government planning processes. Planning Process Summary The planning phase for the Southeast Florida Regional Vision and Regional Blueprint far Economic Prosperity is designed to be substantially complete within 30 months of its approval, with implementation measures extending far the full 36 months of the Sustainable Communities Regional Planning Grant and beyond. The work plan identifies seven activity areas which are not necessarily sequential activities. Many will be continuous throughout the project and some will extend beyond the project horizon. 1-Build Collaborative Partnerships. Over the past year, more than 200 organizations have came together to create the Southeast Florida Regional Partnership. Mare than 40 of these organizations have committed to provide technical or financial support for the development of the Regional Vision and Blueprint far Economic Prosperity as members of the Sustainable Communities Regional Planning Grant Consortium. This first activity area, which will continue for the duration of the process, will be to continue to build these collaborative partnerships with emphasis on the ongoing role of the Partnership and its work groups. The outcome will be a more fully integrated partnership composed of local, regional, and state partners from the public, private, and civic sectors with the expertise required to address the full range of the region's challenges and opportunities. By the end of the 30-month period, the Partnership, under the leadership of its Executive Committee, will develop a structure for its ongoing operations so it can continue to play a meaningful role in shaping the region's future. 2 -Develop Regional Resource Library and Scorecard. Measuring progress is a central component in the long-term success of the Regional Vision. Identification of key indicators and the methods of measuring progress toward achieving them is the focus of this activity. That process will begin at the inception of the project with a review of existing indicators and extend beyond the Creation and adoption of the Regional Vision and Blueprint. An additional outcome will be a Regional Resource Library of documents and comprehensive data and information about each jurisdiction and subregional area of Southeast Florida. A data warehouse will be developed as a part of the Regional Resource Library and it will be used to create a "virtual present" and "trend future" scenario. 3 -Conduct Public Engagement. Engaging key stakeholders and the public in the decision-making process is central to its ultimate success. Without broad public support, the vision will not have the momentum to assure its integration into local plans and implementation. That effort will be engaged on many levels to reach as wide an audience as possible, and will integrate both traditional and modern communication techniques. Additional effort will be made to reach traditionally 4 under-represented populations and find ways to engage them in the education and decision-making process. 4 -Enhance Regional Leadership and Technical Capacity. Building leadership capacity within the region is essential bath during and after the visioning process. A particular focus will be on helping individual jurisdictions, agencies, and community groups develop a regional perspective on the issues and opportunities facing Southeast Florida. Civic organizations and the business community will also be meaningfully involved throughout the process to ensure their input into the vision and its implementation. Attention will be given on how to assist local governments, regional leaders, and Partnership members with expanding their technical and analytical capacities to provide improved information and tackle regional challenges and opportunities. 5 - De~elap Regional Vision. This phase of work will build on the regional data warehouse, the virtual present, and the trend future scenario, all of which will establish the baseline for alternative futures scenario development. This `business- as-usual' trend future scenario will be modeled and the results widely disseminated to initiate public discussion, forming a backdrop for the development of scenarios to describe "alternative futures." These alternative futures scenarios will be purposely designed to articulate consequences relating to the region's key issues, challenges and opportunities, and major goals. Gathering input from across the region on these alternative futures will represent the apex of public engagement, and the Partnership will attempt to reach the broadest possible segment of the region's population through the full range of communication strategies. The scenarios will be analyzed and the results disseminated for discussion. Out of those scenarios a preferred alternative will emerge that crystallizes the best features of the scenarios. That preferred alternative will be refined into a Regional Vision that reflects the most robust elements of the scenarios. 6-Develop Regional Blueprint. The Regional Vision will be further refined through a policy framework that defines the Regional Blueprint. This framework will establish the goals, objectives, and implementation strategies to be pursued going forward, including the roles of key Partnership members. The Blueprint will cover the full set of 10 regional issues identified below, along with others that will emerge during this process. The Partnership has identified 1a major issues related to the future of Southeast Florida as a region, including the overarching issues of economic prosperity and inclusive regional leadership. The issues are as follows: ..... Topic Identified ire Wnrk Plan Proposed Combination Economic Development Education, Workforce & Economic Development _- --. ` Education --- Housing [?evelopn~ent patterns, Housing Transportation & Transportation Environment> Environment & Natural Resources Water. 5 Climate Resiliency Clirnafe Resiliency Community Assets & Culture Community Assets, Health & Culture Nealtl~y Communities l'nclusive Regional Leadership inclusive Regional Leadership & Equity (cross- cuttinggroup) The Partnership intends to create work groups to identify regional opportunities and challenges and recommend potential goals, objectives, and strategies in each of these 10 areas. It is likely that some related areas (for example, economic development and education) will be combined into joint work groups to facilitate crass-cutting conversations. These work groups will serve as the initial structure for involving regiona! stakeholders and the public in developing the Regional Vision and Blueprint far Economic Prosperity. The findings and recommendations of the work groups will be integrated through the work of the overall Partnership, the Sustainable Communities Grant Consortium, and the Executive Committee. 7 -Begin Implementation. This stage of the project will focus on tools for implementation and the initiation of a series of demonstration projects throughout the region. It will include an Implementation Toolbox Consisting of model ordinances and policies that could be adopted by regional jurisdictions and descriptions of analytical techniques and strategies for regional Coordination. Progress toward achieving the Regional Vision and Blueprint will be monitored at regular intervals after adoption to provide feedback on its success far beyond the planning process. The Regional Vision and Blueprint will be modified and supplemented as new information becomes available or pertinent conditions change. Since the Vision and Blueprint will take many years to fully realize, and will likely adjust to changing conditions, we anticipate the process initiated during the planning phase will be refined and modified to respond to new information. Maintaining a focus on the region's major issues, challenges, and opportunities will occur throughout the process. Table 1 on the following page summarizes how the focus is achieved. 6 a..y _ _ fl ` w ~ p ~ Q O u~5 . y o y °' a ~ ° ~ v~ ~a i . ~ O ~r, O O V- N G O.: ~ ~ ~ O' Q m~ ~- U E ._ Q. i -a ~ :~ O G ~ S r O R_ µ. 0 a ~ ~ p Q N L7 ~ ' G ~ •~ > ~ Q Q~ ~ _ " ~~ ~ °' ~ a 6 G r- • w is a ~ m ~ ~ ~ r m ~ GI AL W u ~ E u a E 'x ~ '~ ~ o ~ _ a i E ~ ~~ ~ N ~ - ~ c. a N ~ ~ a •- p: N ~' ~ ~ a ~ _ • o a ° 6 a~ n ~ ~ ~ ~ a ~~ ~ ~ .~ ~ ~ •~ G _ f3 oC -o m ~ ' Q ~ o ..c ~ ~ ~ ~ > ~' E rn e ~ ~ r u ~ ~ L. a ~ p~-. ~- ~ a ~~ o ~ r . a> C ~ ~ u. ~ ~ .~ ~ Q7 C _ a a. a ° p Q ~ ,~ ~^ ~ ~ u U s~ - " v " o '~ G1 rj '-c rn C C y.. p } vi r C v N ~ _ ` ~ u ~}. ~ ai G Q N T _~ N - Q ~ ~ 6 O r O v ~ O 7 T u .- ::f1 ~~~ N ~ N E S O N ~, N y c~ N E ~- ~ k' p ~ a ~ ; °~ ~ o ~' ~. o Q- ~ ~ °- aC u u ~ ~ ~ a ~ ,- ~ ~ ~ o v m ' ~ ~ ~ . _ .t ~ ~- ~ ~ ~ L @ v 6 91 O N m ~ N 0} a '; c v, `. N ,, ~ ~ N ~~ a ~ ta~ ;., : ~ m , ~ ~ ~ ~ v O 6 ~ c~ F ~ LS t N O ~ O O ~ ~ ~ •`-' ~~ '~- _ - L ~' ~ r 1 ~ ~ '.. ". ~ _._.. f a T '~ 'w ~ ~ ° o ~i Link to information about the Southeast Florida Regional Partnership: http://www.sfrpc.com/Regional%20Partnership.htm For additional information, please contact: South Florida Regional Planning Council 954.985.4416 B. Jack Osterholt Interim Executive Director 'osterhoit sfr c.com Isabel Cosio Carbalio Director, Public Affairs isabelc@sfrpc.corr~ Ce I 1954.240.3012 Treasure Caast Regional Planning Council 772.221.40f0 Michael Busha Executive Director mbusha to c.or Kim Delaney Growth Management Coordinator kdefaney@terpc.or~ Greg Vaday Economic Development Coordinator gvaday@tcrpc.or~ August 20, 2010 Honorable Shaun Donovan, Secretary U.S. Department of Housing and Urban Development 451 Seventh 5txeet, SW, Room 10276 Washington, DC 20410-0500 RE: Partnership Agreement and Coinznitment Letter fox South Florida Regional Partnership Consortium - IIUD Sustainable Communities Regional Planning Grant Program Dear Secretary Donovan: As lead representative for the Southeast Florida Regional Partnership Consortium, this Partnership Agreement and Commitment Letter is provided to confirm our intent to work together and implement a HUD Sustainable Communities Regional Planning Grant Program as follows: 1. This provides the guiding principles for the Southeast Florida Regional Partnership. It is proof of our commitment to work collaboratively with regional partners in a coordinated effort to prepare and carry out a comprehensive work plan pursuant to the receipt of adequate funding from the U.S. Department of Housing and Urban Development's (HUD) Sustainable Communities Planning Grants Program. 2. If awarded, these funds will be used to further develop the Southeast Florida Regional Partnership; establish a comprehensive regional vision and plan identifying critical projects and infrastructure that will improve the Region's sustainability; and establish priorities for focused investment in Southeast Florida. 3. The HUD Sustainable Communities Planning Grants Program grant application and work program will be prepared and managed by the South Florida Regional Planning Council, in partnership with the Treasure Coast Regional Planning Council, and other regional stakeholders. 4. The South Florida Regional Planning Council, lead applicant, is authorized to act in the representative capacity with HUD on behalf of all members of the Consortium and to assume adrnisusteative responsibility for ensuring that the Consortium's program is carried out in accordance with all HUD requirements. 5. While the South Florida Regional Planning Council holds fiscal and administrative responsibilaity for regular interaction with IND, this does not restrict the Consortium froze developing a governance structure that reflects the diversity of its partners, and allows far maximum participation in strategy development and decision--making. 6. We agree to the best of our ability and within the limits of our budget to work cooperatively to implement the funded project. 7. As a member of the Consortium, we are committed to following the Livability Princi~iler relating to the sustainable development and redevelopment of Southeast Florida: o Provide more transportation choices O Promote equitable affordable housing o Enhance economic competiveness o Support existing communities o Coordinate policies and leverage investment o Value communities and neighborhoods o Enhance community resiliency to the impacts of Climate Change S. Any regional plan document developed pursuant to the I-ND Sustainable Communities Planning Grants Program will support these Livability Principles and should, to the greatest extent possible and where appropriate, be built upon the foundation of work that has been accomplished and undertaken in the region where existing plans, partnerships, and processes enhance regional planning; coordination and efficiency; reduce unnecessary duplication of effort and responsibilities; and add clarity and accountability to implementation processes. 9. This letter is neither a fiscal nor funds obligation document (leverage commitment letters are provided separately}. Nothing herein shall obligate Consortium members to expend appropriations, obligate funds, or enter into any contract or other agreement, or restrict the undersigned from participating in similar activities or arrangements with other entities or agencies. 1fl. A formal Consortium agreement will be executed no later than 120 days after the effective start date of the grant agreement with the approval of the Chief Executive Officer and/or governing body of the organization. The Consortium agreement will describe each Consortium member's specific activities under the Program, including timetables for completion. The South Florida Regional Planning Councit will enter into Memoranda of Understanding with partner recipients of grant funds to ensure delivery of the required activities. We acknowledge that HLID reserves the right to terminate the grant if a Consortium agreement has not been executed within 120 days of the award. The below listed partners represent governmental entities, metropolitan planning councils, regional planning councils, non-profit and faith-based organizations; and educational institutions. Each has authorized me to prepare and execute this Partnership Agreement Letter on their behalf. Additionally, as required, they each have provided the required Letters of Commitment, that are on file the SFRPC. Combined, the partners have pledged cash commitment as cash match, and [state in-kind value amount Thank your Sincerely, Carolyn A. Dekle Executive Director CONSORTIUM PARTNERS COMMITMENT LETTER Local /Regional Government South Florida Regional Planning Council Treasure Coast Regional Planning Council City of Boca Raton City of Delray Beach City of Fort Lauderdale City of I~Cornestead City of I£ey West City of Miami City of Miami Beach City of Pompano Beach City of Port St. Lucie City of Sebastian City of Vero Beach City of West Palm Beach Broward County Indian River County Martin County Miami-Dade County Monroe County Palm Beach County St. Lucie County CONSORTIUM PARTNERS COMMITMENT LETTER Trans ortation Farmers Broward MPO Indian River MPO Martin MPO Miami-Dade MPO Palm Beach MPO St. Lucie TPO Florida Department of Transportation Dist 4 & G Miami-Dade Expressway Authority South Florida Regional Transportation Authority Non-Profit / Community-Based Partners 1000 Friends of Florida City of Lauderdale Lakes CRA Florida Redevelopment Association Housing Leadership Council of Pahn Beach Human Services Coalition Liberty City Trust Academic & Research Institutions Collins Center for Public Policy Florida Atlantic University Florida International University Miami Dade College St. Thomas University University of Florida Shirnberg Center for Housing Studies Business Leadership Regional Business Alliance Urban Land Institute - SE Florida /Caribbean Chapter - E .a E .a E .a E .a o ~ ° o ~ o ~ ~ ~ - E _ E E E E _ = E ' h ~ E a s 3 a Am c° E c E° n ~ ~m Poo ~'~E a °' a7 vg, ° ~ ~`~ E A D ~ a o ~ a a - G, °~ v°° v~ E qvv A '... av r c - - n - ~ g z .3 °c ' - o a ~ ~ ° N n 3 V o o E V E _ E o a~ E 6 a E m o m _' E °~-~ c ~ - -~ s r= ' E m _ ' a a S 'm a S v&° ~ E E a - - -~ „ dg3a ~~ ~~ - a"°°r a°° dr my o 3 ° E a ` ~" s a 3 ' v a 3 ' 3 m ~~ a ' ' a a~ - o n a ~ ~' a ~ a ~ e .. a e o~ a E .q ~ _ _ ~ E .a ~ 3 3 n~2' " =- m °e ~' ~ y c `~ c C a - _ = E a E a E a o ~ o 0 0 0 0 0 0 o ~ ~ _ - E ~E E ~E 'E ~E o - N E ~ N o a _ ~ ~ ~ ~ E _ - 3 i U S - _ E~ x~ E m~ - ` E G z G m ES S ~~ ~~ m c m~ ~ - off o - ~ a, ~ 6 m V 6 _-_ _ a., S3 QOC v~v _ - ~ '~ - _ _ c o 0 - - = c c. .6 v y ~ _ - y _ .3 ....E c' ~ .3 ~ °c ~ a G °' m ~_.~ A~ y Leo°~~~ o_ v ~~„ _ 3 m c ~' E ~ n a p_ _ " ~~ m ° ~ ' c c o c_ _ s m o c E 3 c " c 3 _ _ ~ y E m m = E Y ~ ~ x ,. 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E - - 'O- ~ ti'' ° ~ y ° y9 " v ~ a F r c `~ c C a - _ = E a E a E @3i _ = E ~ c E o 3~ AB - c E n_ °c W n n a E o m - _ - - _ o ~ o E v c E 'c a S3 A m . ~ m A a _ 6 _ 3~ o'E c _ _ G o o S ~ E - - o ~ ~ c ° .E c ~ c E S3 & _ y~ .. °° a tl v~ E E a 3~ ~ c. o m E o a a . a " o - ° a c 3 n ~ .0 ~ m .o ~ c 3 9 ° 'Yn '9 '9 ~ ~ ev ' ~ ~~ ~o == - _' r~ y A v q E ~ G~ ' ' 0 8 a E ~ N ~ 3 y c `~ c C a 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: June 28, 2011 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF JULY 5, 2011 DEVELOPER'S AGREEMENT/GRANITE WORTHING, LC ITEM BEFORE COMMISSION This item is before the Commission to approve Developer's Agreement with Granite Worthing, LC. for funding of the re-design of Worthing Park. Project # 2006-061. BACKGROUND On April 6, 2010 Commission approved a consulting service authorization with AECOM for the design of Worthing Park. Over the months that followed several meetings took place with the owners of Worthing Place in an effort to provide a design that would be acceptable to all parties. One of the re- design elements included widening the eight foot sidewalk along the south park property line to 13 feet. Concerns still existed regarding the ability to operate sidewalk cafes along this south property line. As a result Commission provided direction that the south sidewalk walk should be 17 feet in width. Funding for re-design costs (in the amount of $12,535.00) is provided through the attached Developer's Agreement with Granite Worthing, LC. RECOMMENDATION Staff recommends approval. AGREEMENT THIS AGREEMENT entered into this day of , 200 by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as CITY) and GRANITE WORTHING, LC. (hereinafter referred to as OWNER), provides as follows: WHEREAS, the CITY is reconstructing Worthing Park and has developed certain plans for the reconstruction; and WHEREAS, the OWNER has requested that the CITY re-design certain portions of the park adjacent to OWNER'S property; and WHEREAS, the CITY has agreed to re-design portions of the park provided that OWNER pays for the cost of such re-design. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the OWNER and CITY hereby agree as follows: L INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COSTS PAID BY OWNER The OWNER shall pay to the CITY the increase in cost for the re-design of Worthing Park, in an amount of $12,535.00. The re-design shall provide for completion, from 60% design, to the modified design and for complete construction documents and specifications for bidding of the project. The OWNER, its successors, heirs or assigns shall make payment to the CITY within 15 calendar days of the approval of this Agreement by the CITY. If such payment is not made within 15 calendar days of the approval of this Agreement, the CITY shall have any and all remedies at law. 3. GOVERNING LAWS; VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. 4. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year first above written. ATTEST: CITY OF DELRAY BEACH By: By: City Clerk Approved as to Form: By: City Attorney WITNESSES Mayor, Nelson S. McDuffie OWNER By: (Name Printed or Typed) (Name Printed or Typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 20~ by as (name of officer or agent, title of officer or agent), of a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Signature of Notary Public 2 ~ ~ Y •~ Z B a • 1_ ~ - __ ~~ ~ - QJt ~ o ~ ~o-, ~ s ~~ a.' d m ~ ~ ~ ~~ ~~ ~ ~~ ~~ s o a~ ~ ~~ ~ ~ ~§- ~ ~ x ~ ~~~ ~~ -.E,~ I • `J 29lVd 157X3 4 c~ m 4 R - __, .---~ ~ ~ ~~ a 4,SJ I I --~ ~-0, ~~ ~ II W ~ ~ r----T ------ ~ ~°~ z ,._. _ - w ~ - - m _ ~ Q ;~_- ~ ; ~ ~ .P~bl .I",91~,C ----- --- o- Z ~ ,~ ~. Q i ~ n --- ~~ ~ ~ ~~\ m i / n~ ~ / ~i~~ -- -- - --- ~ ~ m~ a ~ ~ ~ J ~ ~~~ W 3 Q 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: June 30, 2011 SUBJECT: AGENDA ITEM 8.F.1 -REGULAR COMMISSION MEETING OF JULY 5, 2011 SERVICE AUTHORIZATION N0.07-05.1/AECOM/WORTHING PARK ITEM BEFORE COMMISSION This item is before the Commission to approve Service Authorization #07-05.1, with AECOM, for the re-design of Worthing Park at a cost of $12,535.00. Project # 2006-061. BACKGROUND On April 6, 2010 Commission approved a consulting service authorization with AECOM for the design of Worthing Park. A conceptual layout was provided to AECOM that was to be the basis for the redesign of the park. Over the months that followed several meetings took place with the owners of Worthing Place in an effort to provide a design that would be acceptable to all parties. As a result of these meetings several new layouts were proposed. These additional layouts were not part of the original service authorization with AECOM. One of the re-design elements included widening the eight foot sidewalk along the south park property line to 13 feet. Concerns still existed regarding the ability to operate sidewalk cafes along this south property line. As a result Commission provided direction that the south sidewalk walk should be 17 feet in width. Since the additional design work is outside the original service authorization with AECOM, an amendment to the original service authorization is required to complete the design phase of this project. Funding for this service authorization will be provided through a Developer's Agreement with Granite Worthing, LC. This agreement is in the amount of $12,535.00. FUNDING SOURCE 117-4133-572.68-19 (after execution of Developer's Agreement) RECOMMENDATION Staff recommends approval. 'COM CONSULTING SERVICE AUTHORIZATION DATE: June 10, 2011 AECOM 561.659.6552 tel 222 Clematis Street 561.833.1790 fax Suite 200 West Palm Beach, Florida 33401 www.aecom.com SERVICE AUTHORIZATION N0. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: City of Delray Beach Worthing Park AECOM Project No. 60210855 / 10330100 AECOM Technical Services, Inc. (AECOM) is pleased to provide the scope of services outlined below City of Delray Beach (Client) as an Additional Service to our Letter of Agreement April 13, 2010. All services will be provided under the terms and conditions of the above-reference Agreement and any approved amendment or modifications thereto. SCOPE OF SERVICES Task: Design Revisions and Design Alternative Studies The additional work, as directed by the Client over the course of the project, was to study design alternatives to the site planas represented in the 60% Construction Drawings submitted on February 9, 2011. At the 60% review meeting of the February 9th, the Client requested that alternative sketches be developed which would satisfy the needs of the adjacent property owner. Additional alternative sketches were developed over the subsequent months based upon comments from the Client's internal reviews, those with the property owner and direction from the City Commission. Final review comments and a direction to proceed were received from the Client on May 17, 2011 along with a request for an additional service fee proposal to address the out of scope design studies provided to date. Deliverables: - Two (2) additional design review/presentation meetings - 2/10/11 Revisions per Client review of 60% Construction Drawings - 3/15/11 Revisions per Client direction - 3/16/11 Revisions per Client direction to modify deck size - 4/12/11 Revisions per City Commission direction - 5/4/11 Revisions per Client and Property Owner meeting - 90% Construction Drawings Revisions to reflect 5/17/11 design direction - Structural Design of seawtalls/planter and art piece base - Coordination with donating artist PROJECT SCHEDULE - AECOM is prepared to begin work on the 90% Construction Document phase of the project immediately upon receipt of this executed Additional Services Agreement. AECOM, in consultation with the Client, shall perform its work in such a manner as to comply with a mutually agreed upon schedule. Page 1 of 2 °'COM COMPENSATION City of Delray Beach May 25, 2011 The fee for the Scope of Services detailed above shall be billed on an hourly basis using the hourly rates listed in the Letter of Agreement dated at Twelve Thousand Five Hundred and Thirty-Five Dollars $12,535.00 [including direct costs]. Other Direct Costs incurred in completing the scope of services listed herein are included in the fee outlined above. We look forward to continuing our work with you on this project. If you find these terms acceptable, please sign where indicated below and return one signed original to AECOM for our files. Please call me if you have any questions. Sincerely, Bruce Hall Project Manager AGREED TO AND ACCEPTED BY: City of Delray Beach AECOM Technical Services, Inc. By: By: Name Sharon K. Lamantia Its: (Title) Its: Principal Date: Date: month/dav/vear Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF JULY 5, 2011 FINAL SUBDIVISION PLAT APPROVAL/FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for an 8.19 acre residential development containing 180 units to be platted as Franklin at Delray Beach. The subject property is located on the west side of Federal Highway (U.S. 1), approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. BACKGROUND The 8.19 acre property consists of all of lots 4 and 5, together with a portion of lots 1, 2, 3,and 6, "Lambert Trailer Court" (Plat Book 22, Page 41); all of "Professional Office Plaza for Acquilano" (Plat Book 44, Page 147); and a portion of the North 15 feet of the South i/z of the Southeast i/4 of the Northwest i/4 of the Southwest i/4 of Section 21, Township 46 South, Range 43 east, Palm Beach County, Florida. With the exception of four single family homes, located within the original Lambert Trailer Court Plat on the north side of the subdivision, the current development proposal includes the complete redevelopment of the existing mobile home park and the adjacent office plaza. The property will be divided into 5 tracts. Three development tracts, Tracts "A", "B" and "C", will contain all the buildings and parking lots for the new project. Tract "D" is the new dedicated road right-of-way for SE 12th Road, and Tract "E" is a dedication for a new right turn lane for South Federal Highway. Water, sewer, drainage and other utilities will be provided through a series of easements located throughout the property. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of March 21, 2011, and recommended approval by a vote of 6 to 0. The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices were provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Floranda • Banyan Tree Village • Heritage Club • Harbourside • Delray Beach Harbor Club E View • Domain Delray • Linton Woods We received one letter of objection from Aisha Colon, which is attached. Additional letters of objection or support, if any, will be presented at the City Commission meeting. RECOMMENDATION Move approval for the Franklin at Delray Beach Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(7) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.11 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: March 21, 2011 AGENDA ITEM: Iv.A. ITEM: 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 GENERAL DATA: Applicant ..................... New Century Companies, LLC Owners ..................... Floranda MHP, LLC and New Century Executive Quarters, LLC Agent ......................... Weiner & Lynne, P.A. Location .......................... West Side Of South Federal Highway, Approximately 320 Feet South Of SE 10th Street And North Of The Plaza At Delray Property Size .................. 8.19 acres Future Land Use Map.... General Commercial Current Zoning ............... PC (Planned Commercial) Adjacent Zoning....North: RM (Multiple Family Residential -Medium Density), R-1-A (Single Family Residential) and PC East: OS (Open Space) and PC South: PC West: SAD (Special Activities District) and RM Existing Land Use.......... Floranda Mobile Home Park and Professional Office Plaza for Acquilano Proposed Land Use........ Multiple-family Residential at a density of 22 Dwelling Units Per Acre. Water Service ................. Extension from an 8 inch main along Federal Highway. Sewer Service ................ Extension from an 10 inch gravity main along Federal Highway. IV.A. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for an 8.19 acre residential development containing 180 units to be platted as Franklin at Delray Beach. The subject property is located on the west side of Federal Highway (U.S. 1) approximately 320 feet south of SE 10th Street and north of the Plaza at Delray. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 8.19 acre property consists of all of lots 4 and 5, together with a portion of lots 1, 2, 3,and 6, "Lambert Trailer Court" (Plat Book 22, Page 41); all of "Professional Office Plaza for Acquilano" (Plat Book 44, Page 147); and a portion of the North 15 feet of the South '/2 of the Southeast '/4 of the Northwest'/4 of the Southwest'/4 of Section 21, Township 46 South, Range 43 east, Palm Beach County, Florida. The Lambert Trailer Park (Floranda Mobile Home Park) subdivision was platted on September 1, 1948. At its meeting of March 10, 1981, the City Commission approved the annexation, rezoning, conditional uses and site plan for the existing Professional Office Plaza. With the exception of four single family homes, located within the original Lambert Trailer Court Plat on the north side of the subdivision, the current development proposal includes the complete redevelopment of the existing mobile home park and the office plaza. The property is presently zoned PC (Planned Commercial) and has a Future Land Use Map (PLUM) designation of GC (General Commercial). At its meeting of December 20, 2010, the Planning and Zoning Board considered a conditional use application to allow a residential density of up to 22 dwelling units per acre for the subject property known as Franklin at Delray Beach. The project consists of 180 multi-family dwelling units over the entire site. The City Commission approved the conditional use at its meeting of January 4, 2011, subject to conditions. One of the conditions of approval was that the property be platted. The plat is now before the Board for action. At its meeting of January 24, 2011, the Planning and Zoning Board recommended approval of the abandonment of existing road right-of-way and access easements within the Lambert Trailer Court subdivision. Final action by the City Commission will not occur until after the Site Plan has been approved for the project. A Site Plan Review application has been submitted for the project and the review is currently underway. Action by the Site Plan Review and Appearance Board is expected in April, 2011. PLAT DESCRIPTION The development proposal is the construction of a multiple family project that includes the demolition of the existing office plaza and mobile home park and construction of 180 dwelling units in 7 buildings. Abandonment of the two road rights-of-way within the mobile home park is necessary to redevelop the property. A portion of one of the roadways, SE 12th Road, immediately adjacent to the remaining four single family homes, together with an additional 20' section immediately to the east, will not be abandoned. This portion of the original roadway, which will be connected to a new 50' wide public road right-of-way for the proposed development, will continue to provide access to the existing homes. It is noted that the aforementioned 20' section of the existing r/w for SE 12th Road has not been indicated on the P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 2 plat. This has been attached a technical comment to be addressed prior to scheduling the plat for City Commission action. The property will be divided into 5 tracts. Three development tracts, Tracts "A", "B" and "C", will contain all the buildings and parking lots for the new project. Tract "D" is the new dedicated road right-of-way for SE 12th Road, and Tract "E" is a dedication for a new right turn lane for South Federal Highway. Water, Sewer, and other utilities will be provided through a series of easements located throughout the property. The required bus shelter easement has not been shown on the plat. This has been attached a technical comment to be addressed prior to scheduling the plat for City Commission action. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of GC (General Commercial), and is zoned PC (Planned Commercial). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the PC zoning district is consistent with the GC Land Use Map Designation. The property is located within the Silver Terrace Courtyards Overlay District. Pursuant to LDR Section 4.4.12(G)(5), 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". As noted above, a conditional use was approved by the City Commission on January 4, 2011. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) -Concurrency: Pursuant to pursuant to Objective B-2 of the Future Land must be met and a determination made that land use and/or development application will and provide, or to require the provision o following areas: Section 3.1.1(8) Concurrency as defined Use Element of the Comprehensive Plan he public facility needs of the requested iot exceed the ability of the City to fund needed capital improvements for the Water and Sewer: The development includes the extension of a new 8 inch water main that will be looped from the existing 8 inch water main along Federal Highway to the existing 8 inch water main located in the Heritage Club development along the north side of the project. The development also includes an 8 inch water main connection from the adjacent commercial plaza to the north, which will be looped with the interior water main system. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 3 Sewer service is available via extension of a 10 inch sewer main from the existing 10 inch sewer main within Federal Highway at the north east corner of the site. Fire protection is proposed via the installation of fire hydrants at various points along the proposed looped water main system. It is noted that the buildings will have internal emergency water sprinklers. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build-out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: The conceptual engineering plans indicate that stormwater drainage will be accommodated via sheet flow to catch basins and roof ties to an exfiltration trench system. It is noted that the storage capacity of the drainage system will be reviewed as part of the site plan and building permit processes. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: The applicant has submitted a traffic study that indicates that the proposed development will generate a net increase of 412 average daily trips and 1 p.m. peak hour trip. The impacts of this additional traffic are currently under review by the Palm Beach County Traffic Engineering Division with respect to the impact on the surrounding road network and traffic concurrency. Thus, a technical item is attached that the approval from the Palm Beach County Traffic Division be obtained prior to approval (certification) of the related site plan. Parks and Recreation Facilities: The Open Space and Recreation Element of the City's Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. A total fee of $90,000 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 180 dwelling units will generate 93.6 tons of solid waste per year (180 units x 0.52 tons = 93.6 tons). The existing 21,600 square foot office plaza generates 58.32 tons of solid waste per year (21,600 square feet x 5.4/2,000 = 58.32). The existing 110 dwelling unit mobile home park generates 125.4 tons of solid waste per year (110 units x 1.14 tons = 125.4 tons). Thus, the existing uses generate a total of 183.72 tons of solid waste per year. Therefore, the development proposal would result in a net reduction of 90.12 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2024, thus a positive finding with respect to this level of service standard can be made. Schools: A finding of school concurrency has been received from the Palm Beach County School District. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 4 Section 3.1.1 (D) -Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 5 tracts. Three development tracts, Tracts "A", "B" and "C", will contain all the buildings and parking lots for the new project. Tract "D" is the new dedicated road right-of- way for SE 12th Road, and Tract "E" is a dedication for a new right turn lane for South Federal Highway. Water, Sewer, and other utilities will be provided through a series of easements located throughout the property. • LDR Section 6.1.3(B)(2)(Sidewalk Design Requirements): Pursuant to LDR Section 6.1.3(B)(2), 5' wide sidewalks must be constructed within the street right-of-way (or easement or tract). A 5' wide concrete sidewalk is proposed along both the north side and a portion of the south side of SE 12th Road (Tract "D") and will be placed within the road right-of-way. The sidewalk on the south side of SE 12th Road will connect to an internal sidewalk system to provide pedestrian access between the parking areas and the residential buildings. • LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. Vehicular access will be taken directly from SE 12th Road (Tract "D") as a point of ingress/egress to the privately maintained internal parking lot system. Pursuant to LDR Section 5.3.1(D)(2), the required right-of-way width for local residential streets is 50' feet with curb and gutter. SE 12th Road is shown as a 50' public right-of-way tract on the plat. • LDR Section 6.1.2(C)(3) (Design Standards -Pavement Width): Pursuant to LDR Section 6.1.2(C)(3)(a), the which is the proposed width for SE 12th Road respect to pavement width. minimum paving width for local streets is 22', . Therefore positive findings can be made with Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with the Conditional Use and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning & Zoning Department and Environmental Services Department are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. It should be noted that the comments have been transmitted to the applicant, however, a revised plat has not been submitted at the time this report was written. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 5 REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) or the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Neighborhood Advisory Council Delray Citizen's Coalition • Floranda • Banyan Tree Village Heritage Club • Harbourside • Delray Beach Harbor Club E View Domain Delray Delray Citizen's Coalition • Linton Woods Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to plat the 180 multi-family residential development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat and engineering plans will require minor technical modifications, as listed in "Appendix "B" -Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for Franklin at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 6 STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for Franklin at Delray Beach, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 7 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable Meets intent of standard X Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable 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 applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 8 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 shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 9 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plannin_g & Zonin_g Department Comments: Plat Comments: 1. There is a 20' section of the existing r/w for SE 12th Road, located just east of the area left for the single family homes, that will be not be abandoned. This is not indicated on the plat. 2. The temporary easement over SE 12th, which will be in place before the Plat is recorded, is not indicated as such. 3. The public roadway (Tract "D") is to be dedicated by special instrument, not by plat. 4. The right turn lane (Tract "E") is to be dedicated by special instrument, not by plat. 5. Please remember that permits from DOT are required prior to approval of the final plat. Environmental Services Department's Comments: Plat Comments: 1. Provide plat drawn to a 1" = 20' scale. 2. Indicate location of GUE and / or FPL easement on plat. 3. Indicate location of bus shelter easement and provide Mass Transit Easement dedication language on plat. 4. Please coordinate location of easements on Plat, Civil, Landscape, and Composite Utility Plans. Existing and proposed easement location and labeling needs to be consistent on all plans. Site Plan and Landscaping Plans were not provided. 5. Provide Drainage Easement for all proposed private drainage systems and / or provide dedication language that addresses ownership and maintenance of the private drainage system. Example, "All on-site drainage facilities, unless shown otherwise, are to be private systems owned and maintained by .... without recourse to the City of Delray Beach." Include reference to private drainage system in SE 12th Road. 6. Revise dedication language for "Tract E" and indicate it will be dedicated to FDOT and not City of Delray Beach and dedicate per FDOT requirement. Provide written correspondence from FDOT indicating they accept dedication via plat (versus separate instrument as typically required) and accept dedication language. 7. Provide sewer easement dedication language. 8. Revise GUE dedication language to eliminate reference to sanitary sewer and water service. 9. Revise "Tract D" dedication language to include maintenance of private drainage in SE 12tH Road. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 10 10. Update surveyor's note #4 to match City of Delray Beach Surveyor's Notes as found on sheet P-11 of the City's latest version of the Construction Standards and Specifications. This can be found on the City's webpage at http://www.mydelraybeach.com, go to Departments, Environmental Services, then Standards and Details 2008. 11. A digital copy of recorded plat in AutoCAD dwg or dxf format will be required prior to obtaining final engineering clearance. 12. Provide per LDR Section 2.4.3 (F) (4), a Composite Utility Plan that shows the location of all existing and proposed utilities (water, sewer, drainage, gas, power, telephone and cable). The Composite Utility Plan shall be signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan shall address the responsibility for relocation of existing services and installation of new services. 13. Additional comments will follow upon submittal of revised plat. 14. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. Preliminary Engineering Technical Comments: 1. Provide original signed and sealed drainage calculations, a copy was provided. 2. A minimum 10-foot General Utility Easement (GUE) is to be provided through the property for all other utilities. This GUE is not allowed in public right-of-way. Water, sewer or drainage system(s) cannot occupy or share this GUE. This comment needs to be addressed in order to obtain Engineering clearance for Site Plan Certification. 3. Clearly indicate location of proposed berm. 4. Indicate on plans how new road will be built and placed into service prior to removal of existing rock /gravel road. 5. Provide bond for new SE 12th Road prior to execution of abandonment of existing rock / gravel road. 6. Provide verification right-of-way abandonment process is completed in order to obtain Engineering clearance for Site Plan Certification. 7. Remove brick pavers at SE 12th Road right-of-way and replace with asphalt, City does not maintain brick pavers in City streets. 8. Remove all proposed walls, columns, structures etc. from within SE 12th Road right-of-way. 9. Indicate location of Temporary Access Easement and provide copy or recorded deed. 10. Indicate location of bus shelter(s) and easements on all plans, contact Parking Management Specialist, Scott Aronson at (561) 243-7196 for more details. 11. Submit revised plans and any required documentation for Preliminary Engineering review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 11 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The development will be complimentary with the surrounding commercial and residential developments and provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and be a catalyst for growth in the area. Transportation Element Policy A-1.3: The City endorses the continued operations of the Palm Tran Transit System and its operations in Delray Beach, and through policies of this Element related to the TCEA, will coordinate with Palm Tran to improve the system. Studies have shown that the provision of bus shelters to protect riders from the elements leads to increased utilization and mitigates negative impacts to adjacent properties. Given the potential impacts the proposed development will have on the surrounding road network and the location of a Palm Tran bus stop to the north of the subject property along Federal Highway, it is appropriate that the development contribute $11,000 toward the provision of a bus shelter. Thus, a technical item was attached with the Conditional Use approval that contribution of $11,000 be paid prior to certification of the site plan for this development. Subject to this technical item being addressed during the site plan review process, the development will comply with Transportation Element Policy A-1.3. Update: The applicant now states that a bus shelter will be provided on site. In this case, the $11,000 contribution will not be required. Transportation Element Policy A-2.2 Commensurate with approval of development plans, provisions shall be made for dedication of land for the ultimate planned right-of- way of adjacent streets. Such dedication shall also include sufficient right-of-way for expansion of intersections pursuant to the Palm Beach County Thoroughfare Right-of- Way Identification Map. Per LDR Section 5.3.1(A)(3) and Table T-1 of the Transportation Element, the required right-of- way width of Federal Highway (southbound lane) is 60 feet and 70 feet exists adjacent to the subject property. The development includes the abandonment of portions of the 18-foot wide streets internal to the site and dedication of a 50-foot wide internal street right-of-way that will provide access to the existing single family residences in the middle of the development. Per LDR Section 5.3.1(D)(2) and Table T-1, the required right-of-way width of this street is 50 feet. Thus, the development proposal complies with this requirement. The existing 18-foot wide street immediately adjacent to the single family residences will remain in its current configuration. The DSMG considered the gate and emergency barrier that bar access to SE 12th Road adjacent to the single family residences. The DSMG does not support the closure of this street and requires that these devices be eliminated from the development proposal and this was attached as a condition of approval for the Conditional Use. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 12 The development proposal provides bicycle racks at the leasing/club room. Based on the above, the policy has been met within the proposed development. Open Space and Recreation Element Policy A-3.1: Tot lots and recreation areas serving children from toddlers to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area and for infill projects having fewer than 25 units. The development proposal includes a tot lot along the south central part of the site. The recreational facilities include the pool, cyber cafe, tot lot, and fitness room. The proposed development does not provide a facility that would be attractive to the physical activities of teenagers such as a sport court or volleyball court. It is also noted that the proposed tot lot is located along the south side of the building #2. This area is very small and does not appear to meet the intent of this Policy in terms of providing a meaningful recreational opportunity for tots. Further, the location is not in an optimal location in terms of crime prevention since the view corridors are limited on the side of the building. It is recommended that the tot lot be relocated to a central location and this was attached as a condition of approval for the Conditional Use. Some of the recreational, cultural and open space opportunities located in proximity to the development include: the Municipal Beach (Atlantic Dunes Park) and 505 Teen Center. Given the provision of the on-site amenities and public facilities that can be utilized by children, the intent of this policy has been substantially met, provided that a recreational facility for teenagers is provided and the tot lot is relocated. Based on the above conditions, a positive finding can be made. Housing Element Policy A-12.1 The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood, and shall allow opportunity for public input on the proposed change. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. According to the Lambert Trailer Court plat, there is a dedicated right-of-way that provides access to the single family homes in the central portion of the development. The development proposal includes the abandonment of the majority of the existing 18' road rights-of-way and the provision of a replacement 50' right-of-way. In order to maintain safe and uninterrupted access to Federal Highway for these residences, a "timing" plan needs to be submitted and approved by the City Engineer. The timing plan will need to address the coordination of maintaining access to the single family residences during the abandonment of the current right-of-way and construction of the new access in the replacement right-of-way. The timing plan will be considered as part of the site plan process and was attached as a technical item for the Conditional Use approval. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in this Element. Policies, which will implement this objective, include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide three (3) and four (4) bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for P&Z Board Staff Report, Meeting of March 21, 2011: Franklin at Delray Beach Plat Page 13 residential development located in the downtown area and for infill projects having fewer than 25 units. This development will not be restricted to occupancy by adults only. Since the proposed development only provides a mixture of one, two, and three bedroom units, the proposed development does not fully comply with this policy. However, it is noted that the proposed development has provided several recreational facilities, such as the tot lot, cyber cafe, fitness room, and pool that will be attractive for families seeking to relocate to Delray Beach. As noted previously, the proposed development does not include a physical activity that is designed especially for teenagers, and relocation of the tot lot is appropriate. There was a condition attached to the Conditional Use approval that a recreational element for teenagers be provided and the tot lot be relocated. The proposed development accommodates various sizes of units for households having a range of ages, which partially complies with Housing Element Policy B- 2.2. Housing Objective A-12: To assist residents of the City in maintaining and enhancing their neighborhood environment, the City shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. The development will have a significant positive effect on the quality of the neighborhood for the existing single family residences. While the traffic will increase on the access road, the introduction of additional neighbors will improve the safety within the area by providing more "eyes" in the neighborhood to deter criminal behavior. Despite the increase in traffic, the proposed development should improve the habitability and stability of the surrounding neighborhood in terms of replacing a neglected mobile home park with the apartment complex. Further, the year-round residents of this development will aid in the revitalization and economic stability of the City and particularly commercial businesses along Federal Highway and Linton Boulevard. The applicant proposes to buffer adjacent residential developments with a 25 gallon Green Buttonwood hedge along the north side of the property and 5-foot high fence together with the 25-foot high Green Buttonwood hedge along the east and west sides of the single family residences. Per LDR Section 4.6.4(A)(2)(a), abuffer is required that consists of either a 6-foot solid masonry wall or a 4.5-foot hedge along the northern property line. The conceptual plan does not specify what type of fence will be installed along the north side of the property and east and west sides of the single family residences. Thus, a technical item was attached to the Conditional Use approval that a 5-foot high opaque fence and a 4.5 hedge needs to be provided in these areas. Based on the above, an adequate buffer which exceeds minimum requirements will be provided between the subject development and the adjacent residential properties. Q Q Q ~ Cfl W ~ ~ N z ~ ~ W W ¢ (n S.E. 7TH TH ST. 3 0 o x z ~ ~ N M a S.E. 8TH ST. S T. a Z ¢ ~ S.E. 8TH ST. N o Z ~ w z ~ N TH N COURT ~ ~ S.E.BTH N ¢ CT. r r r _ = Q erH sr. S.E. 9TH ST. W J J ~ Q Q ~ ~ Q SIMNTON GARDENS DR. W W ui D p ~ W W S.E. 10TH ST. N. LONGPORT CIR. ~ s ¢ - - U ~ ~ d U ~ ~ STONE } z HA a O WAY ~ `T z ° ~ ~Y o POI z ~ 3 ~ = a m _ - S. LONGPORT CIR. WILSON AVE. REIGLE AVENUE ~ J ~ Q CENTRAL AVE. ~ ~O' ~ P Q o ~~~ ~ B N COLLINS AVENUE LJ Q J ~ ~ w z x ~ ° o ~P ~~ Pte. 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M1 ~ ~; ~ ~ fl, y ~ r, 3 ~ ~ .F,r _. ... ~ 1 ~ ~': a. xt P { w ~.~ n ~ r. ~~ ~~„ ~ ,mm t ~ - g ~ ~ t ~' ,. al ` ~ ~ , ~ ~,, ~, ,4 -., ~ ~. ~ ~ , : r h,. ,~ f -~~ - ~ ~ Ada`. ~ ~ "- J~ ' ~{ ~ ' ~~ ~ t . ~, ~~ ,~ ,?~ '.' y ^#~ . ~ L 7 ~ ~ ~ :. ~, - 35 1~ 7 ^ ~ ~ , ~~ i ^ i LL From: A Colon [mailto:tortola2surf@yahoo.com] Sent: Monday, May 02, 2011 5:00 PM To: Fetzer, Fred; Frankel, Adam; Gray, Angeleta Cc: Nubin, Chevelle Subject: Appeal - Plat Approval for Franklin @ Delray Beach To all Concerned: Please re-consider the final approval of PLAT for FRANKLIN @ DELRAY and the SITE PLAN on the facts. SE 12th Rd is a private road. The facts alleged by New Century and the City are disputable. First, there is a sign at the beginning of SE 12th Rd., at the entrance of US 1 that states the easement as SE 12th Rd. For over ten years I was denied City utilities on the grounds that the City maps at engineering showed SE 12th Rd. as a private Rd. I have copies of the schematics provided to me as evidence to justify the refusal from engineering as to why the City was not responsible in providing utilities hook-up to our homes. Those claims where based on the same PLATS being used by the City Attorneys and New Century to claim SE 12th Rd as a PUBLIC EASEMENT for the benefit of New Century Developers. Records will show that the City nor New Century has maintained SE 12th RD, nor has New Century paid taxes on the land as part of their Floranda Trailer Park ownership. Floranda Trailer Park and Lambert Trailer Park where two different entities divided by SE 12th Rd. I am not against the new development but as I continued to expressed, I am disquiet by the tactics employed by New Century to gain land not deeded to them and the City granting entitlement with an indemnification clause. At the least which I agree they are entitled to use by virtue of homes purchased within our private sector, it does not grant them the right to build on the land for their personal profit. America is a county of free enterprise. They had the opportunity to do a fair exchange i but instead they continue to distort the facts. Their assertion that I was not willing to work with them on a fair solution is a distortion of facts. Robert Matthias and I had a meeting in which his architect was present. We discussed him building mason walls around my property and adding two parking spaces on the North East side of my property. That would have satisfied my privacy and safety concerns. He said he would discuss it with his partners, the city, the fire department, etc. and would contact me again. After him not doing so I called and he agreed to meet again. I expressed my desire to meet instead with his architect but he declined stating that he couldn't afford to pay him to meet with me. Yet, before the board they claim they have spent millions on this project. He agreed to meet with me alone. In retrospect as soon as we were behind closed doors, went he saw my Iphone in my hand he asked me if I was recording our meeting. I said no and he asked me to turn off my Iphone which I did. We discussed the mason walls, the extra parking and a gate at the entrance. We agreed on these terms. He said he would get back to me so we could both sign legal documentation with his attorneys. I would sign a waiver and he would provide the agreed amenities. My phone records will show I called his personal cell many times, his will show he never returned my calls. I was concerned as it was suggested to me that I was being "HOOD WINKED," and he was soon to presented his site plan before the board, without honoring our agreement. He thought I was leaving town for the Holidays, which I was, but cancelled my plans to attend the meeting. I was not contact by him and to my dismay on Dec. 18th it was before the board. Next day I went to see Robert Matthias and questioned him about our agreement. He denied it. I told him I would Appeal and he told me if I did he would build all around me. The new site plans do show his change in plans. I was told I could not appeal till it went before the April 13th meeting. My intention z was to do so but due to a misunderstanding when I spoke with Rebecca at Zoning and Planning I was unable to do so. She stated as an example that my Appeal had to be in by April 26th, and said as an example it could not be stamped by the Postal service on the 27th. I though then I could deliver it in person on the 27th but when I went to see Ms. Nubin, City Clerk on the 27th she could not accept my appeal. There are other serious issues with the site plan concerning the elimination of a turnabout for vehicles, including City service providers, example, mail truck, garbage trucks, etc. at the end of 12th Rd. The original plans had one, but it has been eliminated in the new site plans. My neighbors and I are concerned. Without a turnabout at the end our services will be effected. The proposed aluminum fencing along the South side of our homes will not provide adequate security nor eliminate the glaring lights from cars facing our homes adjacent to our properties. Also the consideration of noise from motors, tenants and exhaust fumes. The waivers for the landscape will also have a negative impact on our living conditions. For these and many other reasons I am asking that the City of Delray reconsider their approval until a fair and justifiable agreement is in place. Sincerely, Aisha Colon 3 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 27, 2011 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF JULY 5, 2011 MODIFICATION # 2 TO SUBGRANT AGREEMENT/NEIGHBORHOOD STABILIZATION PROGRAM ITEM BEFORE COMMISSION City Commission approval of modification #2 to the Neighborhood Stabilization Program (NSP) Subgrant Agreement #lODB-4X410-60-02-F10, which extends the contract date to February 4, 2012, pursuant to direction from the Department of Community Affairs. BACKGROUND The City of Delray Beach NSP Subgrant Agreement with Florida Department of Community Affairs (DCA) was executed on February 5, 2010. Awards were made based on the DCA two-year contract period. DCA is initiating Subgrant Agreement Modifications for an additional year to allow local governments time to substantially complete projects. The letter from DCA is attached for reference. RECOMMENDATION Staff is recommending approval of modification #2 to the NSP Subgrant Agreement #lODB-4X410-60- 02-F 10 to extend contract ending date to February 4, 2012. Department of Community Affairs -Neighborhood Stabilization Program Modification to Subgrant Agreement 3/23/2011 MODIFICATION NUMBER 2 TO SUBGRANT AGREEMENT BETWEEN THE DEPARTMENT OF COMMUNITY AFFAIRS AND CITY OF DELRAY BEACH) This Modification is made and entered into by and between the State of Florida, Department of Community Affairs, ("the Department'), and City of Delray Beach.), ("the Recipient'), to modify DCA Contract Number lODB-4X-10-60-02-F 10, award dated February 5, 2010 ("the Agreement'). WHEREAS, the Department and the Recipient entered into the Agreement, pursuant to which the Department provided a subgrant of $1,905,005.00 to Recipient under the Small Cities Community Development Block Grant ("CDBG") Program as set forth in the Agreement; WHEREAS, the Department and the Recipient desire to modify the Agreement; NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: ^ Reinstate Agreement 1. The Agreement is hereby reinstated as though it had not expired. ® Extend Agreement 2. Paragraph 3, Period of Agreement is hereby revised to reflect an ending date of February 4, 2012. ® Revise Activity Work Plan 3. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ® Revise Program Budget and Scope of Work 4. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. Department of Community Affairs -Neighborhood Stabilization Program Modification to Subgrant Agreement 3/23/2011 Modification Number: 2 DCA Contract Number: lODB-4X-10-60-02-F 10 Recipient: City of Delray Beach Page 2 ^ Change in Participating Parties 5. The Attachment A, Program Budget and Scope of Work section, is hereby modified to delete all references to "(Type in name, if a~plicable.~," as the Participating Party, and replace them with "(Type in name, if a~plicable.~" as the Participating Party with the understanding that the Recipient and the new Participating Party will enter into a Participating Party Agreement containing provisions and caveats that meet or exceed the conditions agreed to in the Participating Party Agreement between the Recipient and the original Participating Party. ^ Inclusion of an Unmet Need as Addressed in the Original Application 6. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. 7. The Attachment B, Activity Work Plan section of the Agreement is hereby deleted and is replaced by the revised Attachment B, Activity Work Plan section, which is attached hereto and incorporated herein by reference. ^ Change in Number of Accomplishments and/or Beneficiaries 8. The Attachment A, Program Budget and Scope of Work section of the Agreement is hereby deleted and is replaced by the revised Attachment A, the Program Budget and Scope of Work, which is attached hereto and incorporated herein by reference. ^ Other: (Type in the reason for the modification.) All provisions of the Agreement and any attachments thereto in conflict with this Modification shall be and are hereby changed to conform to this Modification, effective as of the date of the execution of this Modification by both parties. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. Department of Community Affairs -Neighborhood Stabilization Program Modification to Subgrant Agreement 3/23/2011 Modification Number: 2 DCA Contract Number: lODB-4X-10-60-02-F 10 Recipient: City of Delray Beach Page 3 herein. IN WITNESS WHEREOF, the parties hereto have executed this document as of the dates set Department of Community Affairs By Name: Ken Reecy Title: Director, Division of Housing and Community Development Date: Recipient: City of Delray Beach By: Name: Nelson S. McDuffie Title: Mayor Date: Department of Community Affairs -Neighborhood Stabilization Program Modification to Subgrant Agreement 3/23/2011 Instructions for Completing the Modification to Subgrant Agreement Form. Use the "Tab" key to move from one field to the next. "Shift Tab" lets you move backwards. 2. Type in the Modification Number in the three fields where it asks for the number. Type in the Contract Number in the three fields where it asks for the number. 4. Type in the Local Government Name in the five fields where it asks for the Recipient. Type in the Date and Subgrant Amount in the fields on the first page where it asks for the information. 6. Move the cursor to the appropriate box(es) to indicate the modification(s) being requested. Left "click" on the box and an "X" will appear, indicating that the section is being modified. 7. If the modification seeks to extend the end of the Subgrant, type in the new date on the appropriate line. If the modification makes changes to the "Participating Parties," type in the names where indicated. 9. If the reason for the modification is not one of the seven common reasons, put an "X" in the check box before "Other" at the bottom of the second page and then tab to the form field and type in the reason. 10. On page 3, type in the name of the person signing the modification and the person's title. The date must be hand written. (The person signing the modification must have signature authority.) 11. 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V t4 d v C ~_ .- ~ll~~~ ~~°,~'~` rJ0 STATE OF FLORIDA ®EPART'I~EIVT' F C®NIUNI°TY AFFAIRS "Dedicated fo making Florida a better place to ca!! home" RICK SCOTT l3lLLY BUZ~ETT Governor Sccretary gym. rv ~sl~ ~ ~' ~y~ I ~ ~'~ ~L~7 +~ ~ June 9 2011 ~~ ~°~;f ~_-~""w~`~~ The Honorable Nelson S. McDuffie ~~'~ ~~ ~ ~j~~~ ~ ~ ~~j ~~ ~ Mayor, City of Delray Beach ~--~_~~"~_'~'°~-..".~~ ~. ~ ~.T ~ ~ 100Na St ~ ~``~ ~~ ~ ~~~ `~~~~~ rthwest 1 Avenue ~.,~; ~ g ~~~ ~ ~~ _~~ y ~.~ Delray Beach, Florida 33444 '_:.~~~~-.~~--~_.~._~,,.~,...,~:.._,.~~.A~ Re: NSP-1 Extension -Grant Agreement Number 10DB-4X-10-60-02-F 10 Dear Mayor McDuffie: As you know, your NSP-1 Subgrant Agreement was executed on February 5, 2010. Awards were made based on the Department's usual two year contract period with the knowledge that most, if not all, local governments would not be able to completely finish their projects within that time frame. As anticipated, the two year contract period was not enough time for the local governments to complete their NSP projects. At this time, the Department is initiating Subgrant Agreement Modifications far an additional year (one year from your current contract end date -February 4, 2012}. This one-year extension should allow each local government ample time to substantially complete their projects; however, with program income adding activities to initial NSP projects, another extension maybe needed. In order to finalize the Subgrant Agreement extension, we need the following items from your local government within 45 days: o A cover letter that contains a brief narrative on the overall status of your current pro gram; o A Subgrant Agreement Modification form; o A revised Attachment A ~ Budget {by strategy} if you need to make any budget adjustments at this time; o Please reflect any program income that you have on hand in the "other funds" column of Attachment A, and o A revised Attachment B -Activity Work Plan based on the new end date of youx contract. Please note that three original Modification to Subgrant Agreement, Activity Work Plan and Budget {if revised) are needed. Once executed by the Department, an original will be returned to you. 2555 SHUIVIARD OAIC BOULEVARD- 0 TALLAHASSEE, FL 32389-2100 850-488-8466 (p) m 850-927-9789 (f) a Website: www.dca.state.fl.us • COMMUNITY FLANNING 850-488-2356 (p} 850-488-3349 {f) • FLORIDA COMMUNiTIE5 TRUST 650-822-2207 {p) 850-921-1747 (t] ~ • HOUSING AND COMMUNITY DEVELOPMENT 850-488-7956 (p} 854-9225623 (f} The Honorable Nelson S. McDuffie June 9, 2011 Page 2 The documents listed above will be sent electronically to your NSP contact person far your convenience. Once executed by your Chief Elected Official, these documents should be sent by over-night mail to my attention. Because original signatures are needed, we will not accept a fax or email. However, if you would like your documents reviewed prior to having them executed by your office, your grant manager will be happy to assist you. Thank you for the good work that you are doing in your comrxauniry. If you have any questions, please contact your Grant Manager or me at gary.ftzpatick a,dca.state.fl.us Sincer ly, Gary .Fitzpatrick, Manager, NSP Program GF/gt cc: Nigel Roberts, Neighborhood Services Administrator Garry Thomas, Grant Manager, Department of Community Affairs MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: June 28, 2011 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF JULY 5, 2011 FUNDING AGREEMENT/CRA/ECONOMIC DEVELOPMENT DIRECTOR POSITION ITEM BEFORE COMMISSION Commission is requested to approve the Interlocal Agreement between the City and the CRA regarding the funding of the Economic Director position. BACKGROUND At the June 7, 2011 Commission meeting, the Commission discussed the interlocal agreement between the City and CRA regarding the participation of funding by the City for the Economic Director position. The Commission gave staff direction to modify the proposed agreement in order to provide that the City shall have input on the selection of the person for the position; the economic director shall market all business districts of the City, not just those in the CRA district; the economic director shall provide updates to the City regarding his/her activities; and the City shall begin its funding of the position after October 1, 2011. The attached agreement includes those modifications and this agreement was approved by the CRA board at its June 23, 2011 meeting. RECOMMENDATION Staff recommends approval of the Interlocal Agreement. FUI~~iNG AEE~flENT RET~ilEEl~! THE CITY ®F ®ELRA~ REACH A~® THE ®ELRAY BEACH ~®ill[~IIIJNITY REDEVEL®PtVIENT AGENCY TH[S AGREEiViENT is made this day of , 2811, by and between the DELRAY BRACH C~Ni""Y REDE~EL~RE~lT AG~NGY, hereinafter referred to as the "CRA", and the C~~`Y F ®ELRAY BEACH, hereinafter referred to as the "City" WITIVESSETH: WHEREAS, increasing economic development within the City of Delray Beach is essential to maintain a vibrant and competitive community; and WHEREAS, the CRA and the City desire to work to further the economic development within the City in a more cohesive collaborative and streamlined manner; and WHEREAS, the CRA desires to dedicate staff resources toward implementing the economic development initiatives contained within in the CRA Plan, 'WHEREAS, the City's Home Rule Power allows and F.S. §1 X6.021(9) expressly provides that the expenditure of public funds for economic development is a valid public purpose; and WHEREAS, the CRA and the City desire to participate together in funding a position dedicated to economic development, within the Community Redevelopment Area and the City of Delray Beach as a whole. N®W, THEREFORE, in consideration of the promises and covenants herein contained, the parties agree as follows: 1. Re~itatien~. The recitations set forth above are incorporated as if fully set forth herein. 2. ~®~iti~r~. The CA and the Cify, pursuant to the terms and conditions contained herein agree to contribute funds in order to provide for the creation of a new employment position entitled Economic Development Director, hereinafter referred to as the "Director". The Director shall be employed by the CAA, however, the City shall have input on the selection of the Director and any person selected for the Director position must be approved by the City Manager of the City of Delray Beach. 3. rr~ t~ ee ®f the CRS _ ®uti~s,,, ®f the CRS. The Director shall report .y directly to the CRA'~ Exeoutive Director and shall formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies and programs within the CRA Redevelopment Area and other identified business districts within the City. The CRA, as the employer, shall assume all duties and responsibilities of employer which shall include but not be limited to providing office space and directing all activities of the Director. 4. ~ir~~t®r ®a~ti~s„ ~nr,.e~p~~i~aiiitie~. The duties and responsibilities of the Director shall be to formulate, recommend, and carry out policies relative to business development, business retention, and business enhancement strategies within the CRS Redevelopment Area and business districts within the City by performing tasks as provided for in Exhibit "!1", Economic Development Dirootor Job Description. The Director shall, on a monthly basis, provide a written update to the City Manager regarding his/her activities during the prior month. 2 C, Pa 'tent t® a made T®r~ard~ F~r~din t>he Ec®r~~r`~i~ ®~vei® meat ®ireet®r P®siti®rta The CRA and the City acE<nowledge that the CRA's ability to fund the Director's position is limited to the extent that the Director provides services with respect to economic development activities within the Community Redevelopment Area. In recognition of the CRA' funding limitations, the CRA shall only pay seventy-five percent {~5%) of the Director's salary and benefits per year. The City shall pay to the CRA twenty-five percent {25°1fl) of the Director's salary and benefits per year. The monies shat[ be paid at the start of each quarter in pro rata increments. The first pro rata payment shall be due October ~ , 2011, if a Director is hired by the CRA prig t® ®r ®rt Cet®ber ~, 201 ~ . If a Director is not hired by October 1, 2011, the quarterly payments will commence an the first day of the month after the Director is hired on a pro rata basis. The Director's salary shall not exceed Ninety Thousand Dollars ($90,000.00) per year. The CRA and the City agree to meet on a regular basis to ensure that the funding of the position is properly shared by the CRA and the City in proportion to the ^irectar's duties and responsibilities as they relate to economic development within the Community Redevelopment Area and the City as a whale. 7. Term e# Aetreernertt. This Agreement shall be for a two {2) year period commencing July 1, 2011. The funding promised herein is subject to budget restrictions and approvals. The Agreement may be extended fior one {1) year periods ifi approved by the City and the CRA. 8. Rec®rdinc~. This Agreement sha[I be filed pursuant to the requirements of Section ~ 03.01(11) of the Flarrda Statutes. 3 9. retire A~re~e~t. No prior ar present agreements ar representation wifih regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement, Any modification to this Agreement shall be in writing and executed by the parties. 1 Q. everab6lit~r. The validity of any portion, article, paragraph, provision, clause, ar any portion thereof of this Agreement shall have na farce and effect upon the validity of any other part at portion hereof. ~ 1. ~~verr~ir~ ~.~uvs. 1/e~ue. This Agreement shall be governed by and in accordance with the ~.aws at Florida. The venue for any action arising frar~ fihis Agreement shall in Palm Beach County, Fiorida. 12 A~~ignabitity. Neither the City nor fine CRi4 shall assign or transfer any rights ar interest in this Agreement. 13. Valiclit ®~ A reerr~ent. This Agreement shall not be valid until signed by the Mayor of the City of Deiray Beach and the City Clerk and the Chair of the CRA. ATTEBT: City Clerk Approved as to Farm; City Attorney CITY ®F ®ELRA~" B~-4CH, F~®Ril®A ey: Nelson ~. "1fVoody" McDuffie, Mayor (51wA1~) 4 ATT ST: C~~~UNITY RE~EV~R[111ENT' A~EIVCY Howard Lewis, Chair (S[~AL) STATE OF FL®RlDA CC}UMTY ®F PALM BEACH ' ` ~r~~-- ~~ ,~~~.~ of /~ ~~s~;~I~ ~~~c~~~ ~~ ~~',~~- ~ corporation, on behalf of the corporation, He1She is personally known to me or has produced v ~iY p ~{ , v~ r P rr°~ «`'~'=, ~Qtary Public ~ State ai ~forida -• " g •~ rry Comm. Expires Jun 22, 2093 '+T91 ~:";~ ~''%,° ~! ;°` ~ Commission # pD 864701 8aadetl Through Natlcnai idotary Rssn. The foregoing 'instrument was acknowledged before me this ~- day of as identification. -•~ Notary ~rblic -State of F orida LJ Ira r i ~.~~ .tab tide: caar~omic Cleve#®pme~nt lirector Location: 2(l N. Switc~s~ Av~~ue Repes~s tc~: CRA ~zec~atl<ve ®irectcar Type of SOSi#ion: hlo~r~: flfweek rill-time Pay Ra~~ep ©Partwtir~e Exee~pt $61,50d .. $9d,Qdd ®Contractpr 0~ P~oraexerropt ~ Intern Ge-~eral laescr°iti®n: Under general direction of the Delray beach CRA Executive Director, the Econorrric Development Director plans and implements business and economic development programs and strategies far the City and the Community Redevelopment Agency, with particular emphasis an the downtown and Congress Avenue business corridor. Duties Include establishing and implementing business attraction and retention strategies, incentive programs, marketing, and workforce development. Work is performed at a highly professional level with a high degree of independence and initiative:. ®6.~ti~S ~ ~~s~3Q6tS9$Dill'ti~S: The Economic Development Director shall: General: ® Wnrk with the Community Redevelopment Agency, the Chamber President, the Chamber's Economic Development Committee, City government and elected officials; and all appropriate County agencies to formulate, recommend and carry nut policies relative to business development, retention and enhancement strategies and programs in the CRA district and identified business districts within the City. Coordinate with other agencies and organizations such as the Business Development Board, Workforce Alliance, etc. on regional. ecanornic development activities as well as working with other appropriate government agencies, bankers, real estate and commercial brokers acting as a liaison to facilitate productive interactions with the City of Delray Beach. ® Prepare reports and make appropriate monthly and annual status presentations to CRA, Ghamber, City and others as necessary. Compile databases and relevant planning and economic information regarding hauling, retail, industrial, and office development activity; ® Implement the Economic Development Programs outlined in the CRA Plan. Business Recruiting, Retention and Expansion: ® Meet, confer and provide detailed information to new businesses contemplating a relocation or expansion into Delray Beach ® Assist private developers and business owners with site planning, zoning, platting, variances, incentives and other regulatory issues associated with redevelopment and economic development, Represent tl~e City with outside agencies nr private developers and other interested parties. ® Meet, confer and provide detailed information to new businesses contemplating a relocation or expansion into Delray Beach. lwntrepreneurial and Small Business Development= ® ©evelop strategies to attract entrepreneurs and promote the development of innovation oriented companies in Delra ® identify potential resOUrCes far the development Of Innovation BUSinesses ® Participate with other public and private ent[tieS On the Creatlan of bU51neSS inCEabatlan pragram5 ® Promote Public-Private partnerships to provide support and resources to start-taps l=conomic Development Marketing and Attraction: ® Provide supervision and support to the CRA Marketing and Grants Manager in order to fulfill the CRA's Marketing Plan, including developing strategies, identifying the cnrrlmunity competitive advantages, targeting industries, identifying prospects, and using marketing tools. ® Assist in the marketing and negotiations far development of CRA-owned properties serve as a resource for the pulalic, including the development community, businesses, property owners, community organizations and make public presentations to help educate Iocal residents, the business coPrlmunity, and City of Delray l3eac.h staf€ about the benefits of a planned economic development effort. Respond to inquiries regarding econarniG data, trends and resources such as industrial and coPrPPnercial development opportunities. g Assist in the writing of new zoning regulations as conditions change in the development environment; ® Prepare developer and tenant real estate packages, including Requests far Proposals that provide site information, demographics, photographs, sur~+eys, environmental information, and mare to use in attracting tenants and developers; Economic Development Finance: Review and process applications for the various CRA (~GOnan'1iC Incentive Programs « Write, justify and budget for annual requests for CRA and City funding far economic development to include private sector fund raising though the Chamber of Commerce to soppart Defrays economic development marketing plans and overall economic development efforts. ® Review fir~aneial data submitted in relation to development proposals utilizing CRA properties. Arts and Economic Develo meat: ~ Provide supervision and support to the Creative City Collaborative staff in order to fulfl! the Acts and Economic Development Program objectives contained within the CRA Plan. ® Assist in successful conversion of CRA warehouse to an arts-related facility. Perform related duties as assigned. Ed-~cat~e~r~, SC~IitS ~ ~x~@!°iG'F1C~ R~d[l1!°S°11'E~tt~S: Bachelor's degree in business nr public administration, economics, marketing, urban planning, finance ar related field. Master's Degree desirable. IEDC Certified Economic Developer Designation desirable. Minimum of five (5) years experience in economic develapmen#, community development or redevelopPrPent activities in the public or private sector, or any equivalent combination of training and experience that would provide the following knowledge, skills, and abilities: ® Thorough knowledge of effective principles, practices, methods, and techniques of municipal economic development. g Thorough knowledge of business concerns, needs, practices, and markets and reloGatian needs and initiatives. 4 Knowledge of the techniques and principals of public relations, external community image building, and €Marketing. ® Knowledge of the City's long-range plans and needs for improvement of the eGanomic base. Thorough knowledge of private sector financing and incentive strategies. Excellent communication skiffs -ability to prepare and present professional oral and written reports and recommendations following necessaPy research and investigation. ® Ability to establisl~t and maintain effective ~~~orkrng relatlarlsttlps with Glty and attler gc~verrlPPrt;'t3lal caf(icials ~1nt:l }~r°ivate seCtOr eXL3CUtives and business representatives. ~ Ability to operate Standard a~Ge equipment including a personal computer using program applications appropriate to assigned duties. ~ Excellent work history and attendance record. Revised 5113!11 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 8.J. -REGULAR COMMISSION MEETING OF JULY 5, 2011 INITIATION OF COMPREHENSIVE PLAN AMENDMENT 2011-1 ITEM BEFORE COMMISSION The action requested of the City Commission is initiation of Comprehensive Plan Amendment 2011-1. Pursuant to LDR Section 9.2.1, amendments to the Plan must be formally initiated by the City Commission. BACKGROUND Under new growth management changes within House Bill 7207, which was signed into law on June 2, 2011, the twice a year limit on Comprehensive Plan Amendments has been removed. This is the City's first Comprehensive Plan amendment for the year 2011. The amendment includes one (1) city-initiated Future Land Use Map Amendment and one (1) city-initiated text amendment. A brief description of each item suggested for inclusion in the Plan Amendment is listed below: Citv-Initiated Future Land Use Man Amendments: City initiated Future Land Use Map amendment to assign a City Future Land Use Map designation concurrently with the annexation of the "Lago Vista" property, located at the southeast corner of Linton Boulevard and the E-3 Canal. The current County Land Use Map designation is INST/8 (Institutional with an underlying Residential of 8 units per acre) and the proposed City designation is CF (Community Facilities). City-Initiated Text Amendments: Future Land Use Element -Addition of Policy A-5.4 to require the building and site designs for all development and redevelopment projects to incorporate Crime Prevention Through Environmental Design (OPTED) standards to the greatest extent possible. REVIEW BY OTHERS The Planning and Zoning Board considered the initiation request at its meeting of June 20, 2011. There was no discussion by the public and the Board unanimously recommended approval by a 5-0 vote. RECOMMENDATION By motion, approve the initiation of Comprehensive Plan Amendment 2011-1, containing the material stated in this staff report. L 0 VERDES c, 5 O M ~ LJ O ~ a ~ J Q Z -, , ~~ Q U O ~ O DO \ ~ LAS VERDES DRIVE ~ C ~ ~ CF ~ ~Q ~a D ~ G3~~ M IJ IJ~~~ ~ ~qS G~R~V VERDES 3 a a L I N T O N B O U L E V A R D CANAL L-36 U IJ IJ L ° O ~ • /~ ~ ~ Y ~~1^~~^~~ - ~ CF GC ~ ~o~ CF J 0 ® O~~Sf` LAKE CIRCLE ~~~~ 1111 ~ W I~~I ~ uVU~~~ O ~ I -'ti o~ Z U °0 aQ ~ ~ ~ ~ ~( )1 GQ CAS RE AL OTC y~ A O ~~ C41 \ DARDEN DR. ~a DRIVE J~ ~ . N LAGO VISTA \ ',) ~ ANNEXATION AND FUTURE LAND USE MAP AMENDMENT ~r ~~- ~_~ PLANNING AND ZONING DEPARTMENT ~ PROPOSED CHANGE FROM PALM BEACH COUNTY INSTITUTIONAL, WITH AN UNDERLYING HIGH RESIDENTIAL, 8 UNITS PER ACRE TO CITY CF (COMMUNITY FACILITIES) -- D/G/TAL BASE MAP SYSTEM -- MAP REF: S:\Planning &Zoning\DBMS\File-Cab\Z-LM 1001-1500\LM1256_Largo Viata FLUM MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager THROUGH: Douglas E. Smith, Assistant City Manager DATE: June 27, 2011 SUBJECT: AGENDA ITEM 8.K. -REGULAR COMMISSION MEETING OF JULY 5, 2011 AGREEMENT/EZ-LINKS INC./DELRAY BEACH MUNICIPAL GOLF COURSE AND LAKEVIEW GOLF COURSE ITEM BEFORE COMMISSION The item before the Commission is consideration of contracts with EZLinks Golf, Inc. for the Delray Beach Municipal Golf Course and the Lakeview Golf Course. BACKGROUND EZLinks Golf, Inc. is proposing to provide the City with Point of Sale computer systems for the Municipal Golf Course and Lakeview Golf Course. In addition, they will provide a food and beverage Point of Sale system for the Municipal Golf Course. In exchange for providing the Point of Sales systems, EZLinks will partner with the City to market off- peak tee times; these are tee times that would normally go unsold. EZLinks operates a Tee Time Network that provides reservations for numerous courses. The City will provide EZLinks with the opportunity to sell two foursomes a day (including carts) at both the Municipal Golf Course and the Lakeview Golf Course and EZ Links will receive income for these foursomes when they sell them. In addition to the benefit of receiving the Point of Sale Computer System, the City will also benefit from partnering with EZ Links by allowing them to assist in taking tee time reservations when the City's Tee Time line is busy or not answered; this will potentially allow the City to capture additional revenue for reservations that may have been missed otherwise. EZ Links will also provide web and email marketing for the Golf Courses. FUNDING SOURCE Not Applicable - No direct funds being expended RECOMMENDATION Staff recommends approval of the contracts with EZLinks Golf, Inc. for the Delray Beach Municipal Golf Course and the Lakeview Golf Course. G~ EZLINKS EZLinks Golf, Inc SALES C®NTRACT EZlinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX:'813.902'.6991 SOLD TO -PARTICIPATING GOLF COURSE (PGC) DELIVER TO Delray Beach Golf Course BILLING ADDRESS SHIPPING ADDRESS 2200 Highland Ave 2200 Highland Ave CITY STATE ZIP PHONE CITY STATE ZIP TERM - CONTRACT MONTHS TYPE Delray Beach FL 33445-8701 (561) 243-7380 Delray Beach FL 33445-8701 36 New Business Full Legal Name of Client REGIONAL SALES FACILITY MAIN CONTACT EMAIL ESIRED CO- MANAGER CONTACT IVE DATE City of Delray Beach Brian PiIsI Sharon Painter sflgolf@aol.com 'INVENTORY EXCHANGE PAYMENT METHOD INVENTORY EXCHANGE PLAN Pkg G - HW -SOD RES - F&B 2R/2F&B DESCRIPTION OF INVENTORY EXCHANGE Two foursomes/day (including carts) PRODUCTS /SER VICES COSTS AN D F EES Product Name Product Code Charge Type Product Status Q t Unit Price Total if Paid in Cash Contract Price Equip & Products Re a men ETN: TEE SHEET (including 3 user licenses) 101 Monthly Required 1 $300.00 $300.00 $0.00 $0.00 ETN: Custom Email Confirmation 10107 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 SVC: Service-Support-Software Updates -ETN 10114 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 WEB: WEB MARKET 123 Monthly Required 1 $150.00 $150.00 $0.00 $0.00 WEB: Web One (Unlimited Res) Bundled with Web Market 12301 Monthly Required 1 $0.00 $0.00 $0.00 $0.00 WEB: Mobile Web Bundled with Web Market 12302 Monthly Required 1 $0.00 $0.00 $0.00 $0.00 RES: RESERVATION CENTER: On-Demand Transfer 126 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 MKT: EMAIL MARKETING SERVICES 130 Monthly Required 1 $100.00 $100.00 $0.00 $0.00 TP: 3rd PARTY NETWORK ROUNDS 140 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 TP: Local 3rd Party Tee Sheet License 14001 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 TP: ezlinks.com Rounds 141 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 SVC: Initial Install -ETN+EZPOS (4 day pkg) 30101 One-Time Required 4 $750.00 $3,000.00 $0.00 $3,000.00 POS: EZPOS SOFTWARE (Up-Front Lease) 303 One-Time Required 1 $3,995.00 $3,995.00 $0.00 $3,995.00 POS: Central Reporting Module 312 Monthly Required 1 $25.00 $25.00 $0.00 $0.00 EHW: EZ Server - Optiplex 380, 2GB Ram - 3Yr NBD 32001 One-Time Required 1 $900.00 $900.00 $0.00 $900.00 EHW: EZ Server Monitor -Dell E1709WFP 32002 One-Time Required 1 $180.00 $180.00 $0.00 $180.00 EHW: EZ WS - Optiplex 380, 2G6 Ram - 3Yr NBD 32003 One-Time Required 2 $900.00 $1,800.00 $0.00 $1,800.00 EHW: EZ WS Monitor -Dell E157FPT w/CC Reader 32005 One-Time Required 2 $480.00 $960.00 $0.00 $960.00 EHW: Barcode Scanner & Stand -Handheld 38000 32007 One-Time Required 2 $144.00 $288.00 $0.00 $288.00 EHW: Cash Drawer-APG S100 w/Interface Cable 32009 One-Time Required 2 $180.00 $360.00 $0.00 $360.00 EHW: Receipt Printer -Epson TM88V 32011 One-Time Required 2 $336.00 $672.00 $0.00 $672.00 EHW: Lpt1 Printer Cable 32013 One-Time Required 3 $3.60 $10.80 $0.00 $10.80 EHW: Mdse Label Printer-Cognitive Advantage Lx 2.4 32015 One-Time Required 1 $384.00 $384.00 $0.00 $384.00 EHW: Dell Laser Printer 2350dn 32016 One-Time Required 1 $336.00 $336.00 $0.00 $336.00 EHW: 7' Ethernet Cable 32017 One-Time Required 3 $6.00 $18.00 $0.00 $18.00 EHW: APC Back-UPS ES 350VA 32021 One-Time Required 3 $50.40 $151.20 $0.00 $151.20 EHW: Anti-Virus 32022 One-Time Required 1 $0.00 $0.00 $0.00 $0.00 EHW: 5 Port Switch 32025 One-Time Required 1 $30.00 $30.00 $0.00 $30.00 EHW: Microsoft Office Pro 2010 - 1 User License 32026 One-Time Required 1 $425.00 $425.00 $0.00 $425.00 Initials Page 1 of 7 '" - ~ ~ ®:. EZLinks Golf, Inc SALES CONTRACT EZLinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX: 813:902.6991 PRODUCTS /SER VICES C OSTS AN D F EES Product Name Product Code Charge Type Product Status Q t Unit Price Total if Paid in Cash Contract Price Equip & Products Rea .men MHW: F&B -Micros Full Restaurant Module 350 One-Time Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "MICROS F2 POS Software 35001 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "MICROS Guest Service Solution & Gift Cert 35002 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "MICROS Labor Management 35003 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "MICROS Time And Attendance 35004 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "MICROS Client License 35005 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: MICROS Express 2 Credit Authorization 35007 One-Time Required 1 $710.00 $710.00 $0.00 $710.00 MHW: Res4.X Special - PMS/SIM 35008 One-Time Required 1 $795.00 $795.00 $0.00 $795.00 MHW: Sonicwall GMS License 35009 One-Time Required 1 $180.00 $180.00 $0.00 $180.00 MHW: Diskeeper For Windows XP Professional 35010 One-Time Required 1 $75.00 $75.00 $0.00 $75.00 MHW: Sonicwall Network Antivirus - 1 Client 35011 One-Time Required 1 $35.00 $35.00 $0.00 $35.00 MHW: Norton Ghost V. 14.0 35013 One-Time Required 1 $90.00 $90.00 $0.00 $90.00 MHW: MICROS F&B Support - 3Yr Agreement 35101 One-Time Required 3 $1,601.00 $4,803.00 $0.00 $4,803.00 POS: EZPOS to Micros F&B Interface-Purchase 352 One-Time Required 1 $2,000.00 $2,000.00 $0.00 $2,000.00 MHW: MICROS Onsite Install, Training, Support 35401 One-Time Required 24 $124.00 $2,976.00 $0.00 $2,976.00 MHW: Data Acquisition & Configuration 35402 One-Time Required 8 $124.00 $992.00 $0.00 $992.00 MHW: (2) Device Installation 35403 One-Time Required 2 $124.00 $248.00 $0.00 $248.00 MHW: Post Installation Follow Up Support 35404 One-Time Required 4 $124.00 $496.00 $0.00 $496.00 MHW: ^Softw,3700 POS Ap Keycode wlLic Fee 35501 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: ^Oneac, UPS, DP650 35502 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: "Remote Printer -Epson TM-U220B IDN 35503 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: ^Oneac .65 Amp Power Conditioner - 1 Outlet 35504 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 MHW: Firewall/Router -Sonicwall TZ100 35505 One-Time Required 1 $425.00 $425.00 $0.00 $425.00 MHW: MICROS Server (2WS) - HP RP5700,2GB Ram 35515 One-Time Required 1 $8,395.00 $8,395.00 $0.00 $8,395.00 MHW: "MICROS WS5 w! Integrated Touchscreen 35516 Bundled Required 2 $0.00 $0.00 $0.00 $0.00 MHW: ^(2) Receipt Printer - TM-T881V 35517 One-Time Required 2 $0.00 $0.00 $0.00 $0.00 MHW: Ethernet Cable Eft (4) 35518 One-Time Required 4 $6.00 $24.00 $0.00 $0.00 MHW: ^Oneac 1.0 Amp Power Conditioner - 2 Outlets 35519 Bundled Required 2 $0.00 $0.00 $0.00 $0.00 MHW: (2) MICROS WS5 Stand 35520 One-Time Required 2 $95.00 $190.00 $0.00 $190.00 MHW: (2) MICROS Cash Drawer 35521 One-Time Required 2 $275.00 $550.00 $0.00 $550.00 ETN: Extra User License (each) 10101 Monthly Included 1 $35.00 $35.00 $0.00 $0.00 ETN: Photo ID 10102 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Utilization Based Pricing 10103 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Tee Sheet Emailer 10105 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Itinerary Manager 10106 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Member Icons 10108 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Missed Revenue 10109 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Marketing Tracker 10110 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: PassholderlMember Incentive Program 10112 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Database Marketing Assistant 10113 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: WEB SITE SPECIALS MODULE 104 Monthly Included 1 $100.00 $100.00 $0.00 $0.00 ETN: Lottery 105 Monthly Included 1 $100.00 $100.00 $0.00 $0.00 WEB: Course Web Res Tee Time Pre-Payment 12101 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 WEB: Multiple Web Res Engines 12102 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Physical Inventory Scanner Interface 30301 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Member Accounts 30302 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 Initials Page 2 of 7 ai£a ~~. 'a._. ZLinks Golf, Inc SALES CONTRACT EZLinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX: 813:902:6991 PRODUCTS /'SER VICES C OSTS AN D F EES Product Name Product Code Charge Type Product Status Q t Unit Price Total if Paid in Cash Contract Price Equip & Products Re a ment POS: Gift Cards 30303 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Partner Gift Certificates 30304 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Accounting Interface 30305 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: F&B -Retail/Snack Bar Module 30306 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Integrated CC Processing 30307 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 SVC: Retraining-Remote (ETN+EZPOS) 30309 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Property Management System Interface-Monthly 311 Monthly Included 1 $50.00 $50.00 $0.00 $0.00 POS: Central Inventory Management Module 313 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 POS: Central Loyalty Module 314 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 POS: POS Loyalty/Activity Card Program 31401 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 SVC: Service-Support-Updates-EZPOS (Up-Front Lease) 315 Annually Included 3 $750.00 $2,250.00 $0.00 $0.00 POS: Central Gift Card Module 317 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 MNW: NetworkllDN Patch Panel (2+ Remote Printers) 35507 One-Time Included 1 $150.00 $150.00 $0.00 $150.00 Total $36,620.00 Contract Notes: ETN + Res Ctr SOD + EZPOS + EZ Hardware + Micros F&B (Incl hardware) + Webmarket + Email Mktg + 24x7 Tech Support + Consultative Acct Mgmt Service for 2 Foursomes per Day, Including Carts. Initials Page 3 of 7 EZLinks Colf,'t1C EZLinks Golf,lnc. 401 S. LaSalle L~, -~-- $~~.E$ C®~TR/4CT Suite 500 Chicago, IL 60605 FAX:'813.902.6991 TERMS AND CONDITIONS: ' A. DEFINITIONS: 1. "CSR" refers to a customer service representative working in an EZLinks call center. 2. "ETN" and "EZLinks Tee Time Network" refer to EZLinks' tee time reservation system. 3. "EZ POS" and "EZLinks Point Of Saie" refers to EZLinks' point of sale software. 4. "PGC(s)" refers to the golf course(s) participating in the ETN as a result of the Client's use of EZLinks. 5. "Played Round" is any round reserved in the ETN and not cancelled on or before the intended time of play. 6. "Third Party(ies)" refers to any party, other than the Client and EZLinks, using the ETN to reserve tee times at PGC(s). This may include, but is not limited to, Internet sites, travel agents, golf packagers, and hotels. 7. "We", "our", "us" and "EZLinks" refers to EZLinks Golf, Inc. 8. "You", "your", "Facility" and "Client" mean the business entity that signs this Agreement providing for participation in the ETN (the "Agreement"). B. GENERAL: We will use our best efforts in the performance of this Agreement. Following reasonable advance notice to you,_EZLinks and any of its partners, principals, employees, or agents, shall be permitted to enter upon any portion of the Client's or its PGC's premises used in connection with EZLinks during normal business hours for reasons relating to the maintenance of the EZLinks network, software, or hardware. EZLinks shall use, and shall cause each of its partners, principals, employees and agents to use, reasonable care when entering upon any property owned by the Client or its PGC(s). C. PERFORMANCE OF THE PARTIES: The parties agree to assume the following rights, duties and responsibilities: 1. Pursuant to a separate agreement, EZLinks shall license each PGC with computer software necessary for the PGC's participation in the ETN as detailed in this Agreement; 2. Client shall provide data connectivity as directed by EZLinks to access ETN unless otherwise indicated in this Agreement; 3. Client shall provide dedicated, isolated and insulated AC power lines for ail EZLinks-Supplied equipment; 4. Client shall provide any necessary networking within the PGC facility. This work should be completed prior to the installation and training provided by EZLinks; 5. Client is responsible for local phone company charges necessary to forward calls to and from EZLinks. EZLinks is responsible for the long distance telephone charges associated with forwarding calls to EZLinks (unless specified elsewhere in this Agreements; 6. EZLinks shall, with the Client or PGC, develop a telephone protocol to be used by EZLinks CSRs when answering telephone calls for the PGC; and 7. Client agrees that its PGC(s) will honor all tee time or other authorized reservations made by EZLinks or Third Parties for that (those) PGC(s). D. CUSTOMER DATA: Golfer data collected by the ETN or EZ POS shall not be used by EZLinks in any manner that identifies individual golfers according to a particular Client or PGC. E. SERVICE ENHANCEMENTS: EZLinks may perform design, programming and software enhancements to its service, the ETN, EZ POS or software applications. Except as otherwise set forth in a written agreement between the parties, any updates or enhancements provided shall be subject to all other provisions of this Agreement and shall be offered or provided to the Client as appropriate. e-d+sedesed ~„ ~~~ ^+~~• ^^~'„ ~^sla er~a#er+x~atien-destgna#eft-as-seafidential--er H. NOTICES: Unless otherwise notified, you will send all notices to: EZLinks Golf, Inc., 401 South LaSalle, Suite 500, Chicago, Illinois, 60605. Initials Page 4 of 7 G. TRADEMARKS AND SERVICE MARKS: This Agreement does not give either party any rights in the other party's name, logo, service marks, trademarks, trade names, tagiines or any other proprietary designation ("Marks") except as specified herein. No use may be made of either party's Marks without the prior written permission of that party except as specified herein. Where you mention EZLinks or the ETN, you must use our Marks. You agree that we may list the name, address, and logo of you and your PGC(s) in materials containing lists of EZLinks customers that we may publish. You also agree that EZLinks may use your Marks in any and all reports, correspondence, tee time reservation sheets or other such documents created for the Client's or its PGC's use. ~~ EZLINKS EZLinks Colf, Inc SALES C®NTRACT EZLinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX: 813:902:6991 We agree to indemnify and hold harmless you, your subsidiaries, affiliates, licensees, successors and assigns from and against all damages, losses and reasonable expenses incurred by us including, but not limited to, attorneys' fees and costs, arising from any suit or claim arising or alleged to have arisen out of: 1) claims of software infringement of a third party's intellectual property rights, and 2) our breach of the Agreement. J. LIMITATION OF LIABILITY: In no event shall either party be liable for any special or consequential damages suffered by the other for any reason, including but not limited to lost revenue, resulting from loss of user data, loss of service or act of God. The total liability of either party under this Agreement will be limited to the greater of $20,000 or equal to the amount of fees paid to the other party. Additionally, the accuracy of green fee pricing and other course-specific data maintained in ETN is the ultimate responsibility of the Client, even if EZLinks staff assists with the data entry. K. COMPLIANCE WITH LAWS: The parties agree to comply with all laws, ordinances, statutes, regulations and rules applicable to each of them. L GOVERNING LAW: This Agreement will be governed by and construed in accordance with the laws of PALM BEACH'Cotanty in.the State of FLORIDA. M. ASSIGNMENT: Neither party may assign this Agreement or delegate any of its duties under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. N. NO WAIVER: Failure to enforce any term or condition of this Agreement shall not be a waiver of the right to later enforce such term or condition or any other term or condition of this Agreement. O. CHANGING THIS AGREEMENT: If the Client wishes to utilize additional EZLinks products or participate in additional EZLinks programs, the Client shall complete a "Change of Account" form provided by EZLinks, which shall be subject to acceptance by EZLinks. P. VOICE RESERVATION OPTIONS: The Client can participate in a one of two phone reservation options. The Client can change the selection at anytime pending EZLinks approval. These options are as follows: 1. Staff-On-Demand Service -phone calls ringing into the Client's PGC will be forwarded to an EZLinks CSR only during periods at which the Client selects, when the Client's phones are busy, or when the Client's phone is unanswered after a certain number of rings. The options used are at the discretion of the Client, and are based on the capabilities of the local telephone exchange carrier and the Client's telephone equipment. Various usage options for Staff-On-Demand service may provide optional pricing discounts (see "Costs and Fees" or attached pricing addendum if available). 2. Full Member Service -the Client chooses for all tee time reservation calls to be handled by EZLinks CSRs. Whether or not this service is available to the Client is based on the capabilities of the local telephone exchange carrier and the Client's telephone equipment. Full Member status may provide optional pricing discounts (see "Costs and Fees" or attached pricing addendum if available). Unless specified on the Application for Service, the PGC must a) forward only tee time reservation calls through the use of an "auto-attendant"; or b) publish atoll-free number for tee time reservations (and not forward the PGC's local phone number to such atoll-free number). Standard reservation cenier services include: 1. EZLinks CSRs will endeavor to capture golfer data, including mailing address, phone number, and email address. 2. Phone calls into the EZLinks call center will be routed over an EZLinks-provided toll free number unless otherwise provided by the Client. 3. Callers that are in a hold queue will hear a standard recording that alerts them that the "golf shop" will be with them shortly. EZLinks may also provide a generic or customized message substantially similar to "We are a member of ezlinks.com, offering 24-hour reservations through the Internet and [a toll- free number]." 4. Where established, a tee time confirmation a-mail will be forwarded to the golfer immediately following the reservation. O. EZ POS LICENSE: EZLinks hereby grants to Customer anon-exclusive, non-transferable license for Customer and any party authorized to use the EZ POS System ("Authorized User") to use the EZLinks Point of Sale System for internal business purposes in accordance with this Agreement. The grant shall be limited to the one facility license as identified in the Contract Price area of the Products /Services Costs and Fees section. Customer shall not: (a) sell, lease, sublicense, assign, or provide the EZ POS System to third parties with the sole exception of transfer of ownership; (b) modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the EZ POS System in any way for any reason; or (c) engage in or allow any action that is inconsistent with the terms and conditions of this Agreement or that violates any applicable law. The following shall remain the sole and exclusive property of EZLinks: (a) the EZ POS System (including any enhancements or upgrades thereto), EZLinks Materials and all oiher software and materials developed, conceived, originated, prepared, generated or furnished by EZLinks under this Agreement; and (b) all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights in and to the foregoing (subsections (a) and (b) are collectively referred to as the "EZLinks Materials"). Except for the license granted above, Customer shall have no right, title or interest in or to the EZLinks Materials. Upon any termination of this Agreement for any reason, Customer shall: (a) immediately cease using the affected EZ POS System and any other EZLinks Materials; (b) return, purge or destroy (as directed by EZLinks) all affected EZ POS System and other EZLinks Materials and certify to EZLinks in writing that all such copies have been surrendered or destroyed in accordance with the foregoing; and (c) pay to EZLinks any fees due and owing under this Agreement and/or any Schedule as of the effective date of termination. Moreover, each party shall return or destroy (as directed in writing by the other party) all Confidential Information in such party's possession or under such party's control. R. INVENTORY EXCHANGE: An inventory exchange program may be presented by EZLinks to the Client as an alternative to the monthly service and/or selected transaction payments, but is not required of EZLinks, and can be denied at the presentation or renewal of the Agreement. Through this option the Client provides EZLinks with apre-determined amount of tee time inventory in lieu of monthly service and/or selected transaction payments as indicated in the Inventory Exchange Payment Method section of the Sales Contract. Golfers that purchased their tee times through EZLinks cannot be denied service at Initials Page 5 of 7 EZLinks Golf, ~t1C EZLinks Golf,lnc. 401 S. LaSalle $A~.E$ ~®NT~~T Suite 500 Chicago, IL 60605 FAX:'813:9026991 the time of their reservation by the PGC, and should service not be possible (i.e. inclement weather), it is the responsibility of the PGC to provide reimbursement in whatever form is agreed to be acceptable (i.e. rain check) by both the PGC and the Golfer(s). The following rules shall apply to the Inventory Exchange Program: • A "tee time" shall mean up to four players, including greens fees and carts. • Unless otherwise agreed upon between EZLinks and the Client, EZLinks may reserve tee times for this program up to 14 days in advance. • All tee times reserved through this program will be noted on the tee sheet as such. • If EZLinks, in its sole discretion, deems a tee time "unsold", it will release the tee time back to the PGC. • If EZLinks is unable to secure an allotted tee time due to scheduled outings, events, overseeding, course maintenance, or any other reason beyond EZLinks' control, EZLinks has the right to sell a replacement tee time on a later date. The original date of the tee time will be noted on the replacement reservation. • The Client will not cancel, move or edit a tee time reserved by EZLinks through this program without first contacting EZLinks. • The Client will not apply a surcharge to golfers booked through this program which is not charged to regular golfers. S. COSTS AND FEES: By entering into this Agreement, the Client agrees to pay to EZLinks, upon the Signing Date and thereafter during the term of this agreement, the costs and fees identified in the Contract Price area of the Products /Services Costs and Fees section for any products or services identified as Required. The Client agrees that all fees and costs paid by the Client or the PGC(s) to EZLinks as of the Signing Date are non-refundable. The definition of these fees is as follows: 1. One Time Charges- includes any EZLinks-Supplied Hardware, Software, installation and networking of equipment, software or data service(s) needed for the Client or PGC to access the EZLinks network, EZ POS and onsite training by EZLinks personnel. This does not include in-house wiring at the Client or PGC, installation of basic computer hardware that is supplied by the Client or PGC. The Client is responsible for networking of the Client's PCs. 2. Monthly Service -includes access to the EZLinks Tee Time Network, two user licenses (additional user licenses may be obtained), use of the 24-hour EZLinks Golf Reservation Center, 24-hour Technical and Software Support, software upgrades, promotion of the Client or PGC by EZLinks and EZLinks partners if applicable, and upgrades to EZLinks networking equipment and data circuit if deemed necessary by EZLinks. The monthly service will be invoiced (as applicable) at the end of each month for service the following month. Billing shall begin upon installation (the "Service Date"). 3. Transaction Fees -transaction fees may vary depending on the originating source of the tee time transaction as well as the volume of tee times played during the specified month. A billable transaction is one in which a golf round is booked via the EZLinks Tee Time Network and is not cancelled. There is no charge for transactional entries made into ETN by the Client or PGC at terminals onsite. Transaction Fee types and charges are detailed in the Contract Price area of the Products /Services Costs and Fees section. 4. Additional Costs -any costs incurred by EZLinks resulting from changes made by the Client that directly affect the EZLinks Tee Time Network (i.e. moving a data circuit into a new clubhouse) will be billed back to the Client in full. 5. Additional Products & Services -additional products and services that are selected by the Client and added to the Client's monthly invoice which do not appear on the Products /Services Costs and Fees section or an Addendum, ill be priced and billed for the effective amount at the time they are selected. Such additional services may include, but are not limited to, additional training, custom reports, custom database requests, fee maintenance (beyond the first 90 days of this Agreement), and the setup of non-standard reservation capabilities (e.g. instructors). Should the Agreement be extended or rewritten, the pricing for those added services may be adjusted pending prior notification to the Client by EZLinks. T. TERM: This Agreement shall be effective on the Service Date and continue for the length of time denoted on the Application for Service. Unless terminated as provided herein, the Agreement will renew for additional one-year periods unless canceled by written notice by the Client or EZLinks to the other party thirty (30) days prior to the anniversary of the signing date of the Agreement. U. CLIENT'S EQUIPMENT: For any equipment the Client provides for use in participating in the ETN, that equipment must meet or exceed the minimum specifications detailed below: • Personal Computer (PC) -Windows XP or a newer release with a 1GHz Pentium/Celeron processor or greater, minimum 512M6 of RAM, 30Mb of available hard drive space, and a video card that can support at least "1024x768" video resolution and at least 256 colors. • Printers -must be a laser printer which is Windows NT 4.0 compatible • Network -computers and printers must be networked by the Client and able to support TCP/IP protocol. Unless the client provides an Internal, compatible IP scheme to EZLinks in advance of installation, EZLinks shall assign its own IP scheme to the Client's or PGC's computers. For any equipment the Client provides for use in operating EZ POS, that equipment must meet or exceed minimum specifications and requires a technical review and approval prior to use by an EZLinks implementation representative. V. EZLINKS'-PROVIDED EQUIPMENT: Unless specified in the Sales Contract, any equipment or hardware we provide to you is our property. Title, ownership and right to possession of the equipment listed in the Contract Price area of the Products /Services Costs and Fees section shall remain with EZLinks until all sums due are paid or depreciation provisions are fully met. EZLinks warrants that upon delivery, the equipment shall be in good working order. After delivery, all risk of loss or damage to the equipment from fire, water, storm, burglary, power line fluctuations, spillage, accident, negligence, or abuse shall be borne by Customer. W. EZLINKS'-PROVIDED EQUIPMENT/SOFTWARE/SERVICES REIMBURSEMENT: EZLinks, at their sole discretion, may agree to provide hardware, software or services, normally requiring a One Time charge, as part of an inventory exchange payment option. All hardware, software or services included in this provision will be noted with a cost in the Equipment & Products Repayment area of the Products /Services Costs and Fees section of this Agreement. These items will be covered by the follow provisions: 1. All included Equipment/Software/Services will be depreciated over the term of the agreement with equipment becoming property of the facility at end of term. 2. If Client changes method of payment to "cash" before end of original term, facility will owe the undepreciated amount of "Equipment & Products Repayment Total". 3. The original amount of the Equipment & Products Repayment Total for this Agreement is $36.620.00 4. Client is responsible for any and all property taxes assessed on the hardware detailed above. initials Page 6 of 7 ~ZL111kS GO~f, ~t1C EZLinks Golf, Inc. 401 S. LaSalle SALE$ CONTRACT Suite 500 Chicago, IL 60605 FAX:'813.902.6991 5. The Client represents that it maintains insurance sufficient to cover any potential loss or damage up to the full value of all hardware provided by EZLinks as detailed above. X. PAYMENT CONDITIONS: Client's Installation fee is due at contract signing. All other payments are due within thirty (30) days of invoice. Any payment not received as agreed accrues interest at a rate of one and one half percent (1.5%) interest per month. All receipts will first be applied to interest due. All checks should be made payable to: EZLinks Golf, 3776 Solutions Center, Chicago, IL 60667-3776. When the Client or PGC(s) authorizes EZLinks to collect fees directly from Golfers or Third Parties, these fees will be collected at the time of reservation or as soon as possible thereafter. EZLinks will remit amounts due to the Client or the PGC to the appropriate party on a monthly basis after first deducting any outstanding EZLinks balance, interest or late fees owing to EZLinks, and any applicable credit card charges, fees and expenses. The Client will be solely responsible for the payment of any tax (s), surcharges or fees assessed by any state or local government. Y. INSURANCE: The Client represents that it maintains insurance sufficient to cover any potential loss or damage up to the full value of all hardware, software and data provided by EZLinks to the Client or its PGC(s) as detailed in the Sales Contract. The Client agrees to furnish to EZLinks, upon request, original Certificates of Insurance evidencing the required coverage to be in force during the term of this Agreement. The Client shall provide EZLinks with 60 days prior written notice in the event the required coverage is substantially changed, canceled, or not renewed. Z. ENTIRE AGREEMENT: This Agreement and any attached agreements, appendices, addendums and exhibits hereto and thereto, shall constitute the entire Agreement between the parties and no warranties, inducements, considerations, promises or other inferences shall be implied or expressed -that are not expressly addressed herein or therein. No variation or amendment of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of EZLinks Goif and the Client. This contract shall be binding upon and insure to the benefit of EZLinks and Customer and to the successors or assigns of the entire business and assets of either of them or of that part of the business and assets of either used in the pertormance of this contract. SIGNER INFORMATION The Sales Contract is subject to acceptance by EZLinks Golf. If the Client signs the Sales Contract, the Client agrees to be bound by the terms and conditions of the Contract and any attached agreements, appendices, addendums and exhibits, which if accepted by EZLinks Golf, Inc. shall constitute the entire Agreement between the Client and EZLinks Golf, Inc. You represent that the individual who signs this Sales Contract has authority to bind the Client to the terms of the Agreement. Signature: Date: Print Name: Title: EZLinks``USE "ONLY. Agreement Accepted by: Date: Title: Account Manager: Facility ID: Billing ID: Initials Page 7 of 7 ~~ EZLINKS EZLinks Golf, Inc ~ALE~ C®Nl'RACT EZLinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX"!813'902.6991 SOLD TO • PARTICIPATING GOLF COURSE (PGC) DELIVER TO Lakeview Golf Club BILLING ADDRESS SHIPPING ADDRESS 1200 Dover Rd 1200 Dover Rd CITY STATE ZIP PHONE CITY STATE ZIP TERM - CONTRACT MONTHS TYPE Delray Beach FL 33445-5601 (561) 498-3229 Delray Beach FL 33445-5601 36 New Business FULL LEGAL NAME OF CLIENT (If different from REGIONAL SALES FACILITY MAIN CONTACT EMAIL ESIRED GO- PGC) MANAGER CONTACT IVE DATE City of Delray Beach Brian Pilsl Sharon Painter sflgolf@aoLcom INVENTORY EXCHANGE PAYMENT METHOD INVENTORY EXCHANGE PLAN Pkg E - HW SOD RES 2(R)WS DESCRIPTION OF INVENTORY EXCHANGE Two foursomes/day (including carts) PRODUCTS./ SERVICES C OSTS AN D F EES Product Name Product Code Charge Type Product Status Q t Unit Price Total if Paid in Gash Contract Price Equip & Products Re a ment ETN: TEE SHEET (including 3 user licenses) 101 Monthly Required 1 $300.00 $300.00 $0.00 $0.00 ETN: Custom Email Confirmaiion 10107 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 SVC: Service-Support-Software Updates -ETN 10114 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 WEB: WEB MARKET 123 Monthly Required 1 $150.00 $150.00 $0.00 $0.00 WEB: Web One (Unlimited Res) Bundled with Web Market 12301 Monthly Required 1 $0.00 $0.00 $0.00 $0.00 WEB: Mobile Web Bundled with Web Market 12302 Monthly Required 1 $0.00 $0.00 $0.00 $0.00 RES: RESERVATION CENTER: On-Demand Transfer 126 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 MKT: EMAIL MARKETING SERVICES 130 Monthly Required 1 $100.00 $100.00 $0.00 $0.00 TP: 3rd PARTY NETWORK ROUNDS 140 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 TP: Local 3rd Party Tee Sheet License 14001 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 TP: ezlinks.com Rounds 141 Per Round Required 1 $2.00 $2.00 $0.00 $0.00 SVC: Initial Install -ETN+EZPOS (4 day pkg) 30101 One-Time Required 4 $750.00 $3,000.00 $0.00 $3,000.00 POS: EZPOS SOFTWARE (Up-Front Lease) 303 One-Time Required 1 $3,995.00 $3,995.00 $0.00 $3,995.00 POS: F&8 -Retail/Snack Bar Module 30306 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 SVC: Retraining-Remote (ETN+EZPOS) 30309 Bundled Required 1 $0.00 $0.00 $0.00 $0.00 POS: Central Reporting Module 312 Monthly Required 1 $25.00 $25.00 $0.00 $0.00 SVC: Service-Support-Updates-EZPOS (Up-Front Lease) 315 Annually Required 3 $750.00 $2,250.00 $0.00 $0.00 EHW: EZ Server - Optiplex 380, 2GB Ram - 3Yr NBD 32001 One-Time Required 1 $900.00 $900.00 $0.00 $900.00 EHW: EZ Server Monitor -Dell E1709WFP 32002 One-Time Required 1 $180.00 $180.00 $0.00 $180.00 EHW: EZ WS - Optiplex 380, 2G8 Ram - 3Yr NBD 32003 One-Time Required 2 $900.00 $1,800.00 $0.00 $1,800.00 EHW: EZ WS Monitor -Dell E157FPT w/CC Reader 32005 One-Time Required 2 $480.00 $960.00 $0.00 $960.00 EHW: Barcode Scanner & Stand -Handheld 3800G 32007 One-Time Required 2 $144.00 $288.00 $0.00 $288.00 EHW: Cash Drawer-APG S100 w/Interface Cable 32009 One-Time Required 2 $180.00 $360.00 $0.00 $360.00 EHW: Receipt Printer -Epson TM88V 32011 One-Time Required 2 $336.00 $672.00 $0.00 $672.00 EHW: Lpt1 Printer Cable 32013 One-Time Required 3 $3.60 $10.80 $0.00 $10.80 EHW: Mdse Label Printer-Cognitive Advantage Lx 2.4 32015 One-Time Required 1 $384.00 $384.00 $0.00 $384.00 EHW: Dell Laser Printer 2350dn 32016 One-Time Required 1 $336.00 $336.00 $0.00 $336.00 EHW: 7' Ethernet Cable 32017 One-Time Required 3 $6.00 $18.00 $0.00 $18.00 EHW: Anti-Virus 32022 One-Time Required 1 $0.00 $0.00 $0.00 $0.00 EHW: 5 Port Switch 32025 One-Time Required 1 $30.00 $30.00 $0.00 $30.00 Initials Page 1 of 6 EZLinlcs Golf, Inc SALES CONTRACT EZLinks Golf, Inc. 401 S. LaSalle Suite 500 Chicago, IL 60605 FAX: 813:902:6991 PRODUCTS /SER VICES C OSTS AN D F EES Product Name Product Code Charge Type Product Status Q t Unit Price Total if Paid in Cash Contract Price Equip & Products Re a men EHW: Microsoft Office Pro 2010 - 1 User License 32026 One-Time Required 1 $425.00 $425.00 $0.00 $425.00 ETN: Extra User License (each) 10101 Monthly Included 1 $35.00 $35.00 $0.00 $0.00 ETN: Photo ID 10102 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Utilization Based Pricing 10103 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Tee Sheet Emailer 10105 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Itinerary Manager 10106 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Member Icons 10108 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Missed Revenue 10109 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Marketing Tracker 10110 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Passholder/Member Incentive Program 10112 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: Database Marketing Assistant 10113 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 ETN: WEB SITE SPECIALS MODULE 104 Monthly Included 1 $100.00 $100.00 $0.00 $0.00 ETN: Lottery 105 Monthly Included 1 $100.00 $100.00 $0.00 $0.00 WEB: Course Web Res Tee Time Pre-Payment 12101 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 WEB: Multiple Web Res Engines 12102 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Physical Inventory Scanner Interface 30301 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Member Accounts 30302 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Gift Cards 30303 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Partner Gift Certificates 30304 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Accounting Interface 30305 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Integrated CC Processing 30307 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Property Management System Interface-Monthly 311 Monthly Included 1 $50.00 $50.00 $0.00 $0.00 POS: Central Inventory Management Module 313 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 POS: Central Loyaliy Module 314 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 POS: POS Loyalty/Activity Card Program 31401 Bundled Included 1 $0.00 $0.00 $0.00 $0.00 POS: Central Gift Card Module 317 Monthly Included 1 $25.00 $25.00 $0.00 $0.00 Total $13,358.80 Contract Notes: ETN + Res Ctr SOD + EZPOS + EZ Hardware + Webmarket + Email Mktg + 24x7 Tech Support + Consultative Acct Mgmt Service for 2 Foursomes per Day, Including Carts. Initials Page 2 of 6 ,~^ EZLinks Colf, InC EZLinks Golf, lnc. l~,) 401 S. LaSalle .SALE C®N~~C~ Suite 500 Chicago, LL 60605 FAX:'813:902ai991 TERMS AND CONDITIONS: A. DEFINITIONS: 1. "CSR" refers to a customer service representative working in an EZLinks call center. 2. "ETN" and "EZLinks Tee Time Network" refer to EZLinks' tee time reservation system. 3. "EZ POS" and "EZLinks Point Of Sale" refers to EZLinks' point of sale software. 4. "PGC(s)" refers to the golf course(s) participating in the ETN as a result of the Client's use of EZLinks. 5. "Played Round" is any round reserved in the ETN and not cancelled on or before the intended time of play. 6. "Third Party(ies)" refers to any party, other than the Client and EZLinks, using the ETN to reserve tee times at PGC(s). This may include, but is not limited to, Internet sites, travel agents, golf packagers, and hotels. 7. "We", "our", "us" and "EZLinks" refers to EZLinks Goif, Inc. 8. "You", "your", "Facility" and "Client" mean the business entity that signs this Agreement providing for participation in the ETN (the "Agreement"). B. GENERAL: We will use our best efforts in the performance of this Agreement. Following reasonable advance notice to you,=EZLinks and any of its partners, principals, employees, or agents, shall be permitted to enter upon any portion of the Client's or its PGC's premises used in connection with EZLinks during normal business hours for reasons relating to the maintenance of the EZLinks network, software, or hardware. EZLinks shall use, and shall cause each of its partners, principals, employees and agents to use, reasonable care when entering upon any property owned by the Client or its PGC(s). C. PERFORMANCE OF THE PARTIES: The parties agree to assume the following rights, duties and responsibilities: 1. Pursuant to a separate agreement, EZLinks shall license each PGC with computer software necessary for the PGC's participation in the ETN as detailed in this Agreement; 2. Client shall provide data connectivity as directed by EZLinks to access ETN unless otherwise indicated in this Agreement; 3. Client shall provide dedicated, isolated and insulated AC power lines for all EZLinks-Supplied equipment; 4. Client shall provide any necessary networking within the PGC facility. This work should be completed prior to the installation and training provided by EZLinks; 5. Client is responsible for local phone company charges necessary to forward calls to and from EZLinks. EZLinks is responsible for the long distance telephone charges associated with forwarding calls to EZLinks (unless specified elsewhere in this Agreement) ; 6. EZLinks shall; with the Client or PGC, develop a telephone protocol to be used by EZLinks CSRs when answering telephone calls for the PGC; and 7. Client agrees that its PGC(s) will honor all tee time or other authorized reservations made by EZLinks or Third Parties for that (those) PGC(s). D. CUSTOMER DATA: Golfer data collected by the ETN or EZ POS shall not be used by EZLinks in any manner that identifies individual golfers according to a particular Client or PGC. E. SERVICE ENHANCEMENTS: EZLinks may perform design, programming and software enhancements to its service, the ETN, EZ POS or software applications. Except as otherwise set forth in a written agreement between the parties, any updates or enhancements provided shall be subject to all other provisions of this Agreement and shall be offered or provided to the Client as appropriate. e-seu t3y--the--9t~t~ar<y~„64yd+n r+ c~i i.,~~ nn..+o~..i~ ...,,+ ., „+h .g2t49n~6}-tn IIg2t+9R e€~e eHt+aNH€ sift-per 2-9th tt1eF-<t#eri'~-tipr+?SeatatiVe&;-as , ~R~4hi SeFlf+deFNtat~a#e le~eiie# er f63-irk e~arp 6usteree~-sha+~net-pHt3 ' prevat= G. TRADEMARKS AND SERVICE MARKS: This Agreement does not give either party any rights in the other party's name, logo, service marks, trademarks, trade names, tagiines or any other proprietary designation ("Marks") except as specified herein. No use may be made of either party's Marks without the prior written permission of that party except as specified herein. Where you mention EZLinks or the ETN, you must use our Marks. You agree that we may list the name, address, and logo of you and your PGC(s) in materials containing lists of EZLinks customers that we may publish. You also agree that EZLinks may use your Marks in any and all reports, correspondence, tee time reservation sheets or other such documents created for the Client's or its PGC's use. H. NOTICES: Unless otherwise notified, you will send all notices to: EZLinks Goif, Inc., 401 South LaSalle, Suite 500, Chicago, Illinois, 60605. F r hrnnnh nF +hn Anrnnmc. n+ ~ Initials Page 3 of 6 EZLinks Golf, InC EZLinksGoif,lnc. 401 S. LaSalle ~, i SIQLE$ C®NT~QCT Suite 500 8 Chicago, IL 60605 FAX: 81.3:902.6991 We agree to indemnify and hold harmless you, your subsidiaries, affiliates, licensees, successors and assigns from and against all damages, losses and reasonable expenses incurred by us including, but not limited to, attorneys' fees and costs, arising from any suit or claim arising or alleged to have arisen out of: 1) claims of software infringement of a third party's intellectual property rights, and 2) our breach of the Agreement. J. LIMITATION OF LIABILITY: In no event shall either party be liable for any special or consequential damages suffered by the other for any reason, including but not limited to lost revenue, resulting from loss of user data, loss of service or act of God. The total liability of either party under this Agreement will be limited to the greater of $20,000 or equal to the amount of fees paid to the other party. Additionally, the accuracy of green fee pricing and other course-specific data maintained in ETN is the ultimate responsibility of the Client, even if EZLinks staff assists with the data entry. K. COMPLIANCE WITH LAWS: The parties agree to comply with all laws, ordinances, statutes, regulations and rules applicable to each of them. L. GOVERNING LAW: This Agreement will be governed by and construed in accordance with the Taws of Paim Beach County in the State of Florida. M. ASSIGNMENT: Neither party may assign this Agreement or delegate any of its duties under this Agreement without the prior written consent of the other party, which consent will not be unreasonably withheld. N. NO WAIVER: Failure to enforce any term or condition of this Agreement shall not be a waiver of the right to later enforce such term or condition or any other term or condition of this Agreement. O. CHANGING THIS AGREEMENT: If the Client wishes to utilize additional EZLinks products or participate in additional EZLinks programs, the Client shall complete a "Change of Account" form provided by EZLinks, which shall be subject to acceptance by EZLinks. P. VOICE RESERVATION OPTIONS: The Client can participate in a one of two phone reservation options. The Client can change the selection at anytime pending EZLinks approval. These options are as follows: 1. Staff-On-Demand Service -phone calls ringing into the Client's PGC will be forwarded to an EZLinks CSR only during periods at which the Client selects, when the Client's phones are busy, or when the Client's phone is unanswered after a certain number of rings. The options used are at the discretion of the Client, and are based on the capabilities of the local telephone exchange carrier and the Client's telephone equipment. Various usage options for Staff-On-Demand service may provide optional pricing discounts (see "Costs and Fees" or attached pricing addendum if available). 2. Full Member Service -the Client chooses for all tee time reservation calls to be handled by EZLinks CSRs. Whether or not this service is available to the Client is based on the capabilities of the local telephone exchange carrier and the Client's telephone equipment. Full Member status may provide optional pricing discounts (see "Costs and Fees" or attached pricing addendum if available). Unless specified on the Application for Service, the PGC must a) forward only tee time reservation calls through the use of an "auto-attendant"; orb) publish atoll-free number for tee time reservations (and not forward the PGC's local phone number to such atoll-free number). Standard reservation center services include: 1. EZLinks CSRs will endeavor to capture golfer data, including mailing address, phone number, and email address. 2. Phone calls into the EZLinks call center will be routed over an EZLinks-provided toll free number unless otherwise provided by the Client. 3. Callers that are in a hold queue will hear a standard recording that alerts them that the "golf shop" will be with them shortly. EZLinks may also provide a generic or customized message substantially similar to "We are a member of ezlinks.com, offering 24-hour reservations through the Internet and (a toll- free number]." 4. Where established, a tee time confirmation a-mail will be forwarded to the golfer immediately following the reservation. O. EZ POS LICENSE: EZLinks hereby grants to Customer anon-exclusive, non-transferable license for Customer and any party authorized to use the EZ POS System ("Authorized User") to use the EZLinks Point of Sale System for internal business purposes in accordance with this Agreement. The grant shall be limited to the one facility license as identified in the Contract Price area of the Products /Services Costs and Fees section. Customer shall not: (a) sell, lease, sublicense, assign, or provide the EZ POS System to third parties with the sole exception of transfer of ownership; (b) modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the EZ POS System in any way for any reason; or (c) engage in or allow any action that is inconsistent with the terms and conditions of this Agreement or that violates any applicable law. The following shall remain the sole and exclusive property of EZLinks: (a) the EZ POS System (including any enhancements or upgrades thereto), EZLinks Materials and all other software and materials developed, conceived, originated, prepared, generated or furnished by EZLinks under this Agreement; and (b) all copyrights, trademarks, patents, trade secrets and any other intellectual property and proprietary rights in and to the foregoing (subsections (a) and (b) are collectively referred to as the "EZLinks Materials"). Except for the license granted above, Customer shall have no right, title or interest in or to the EZLinks Materials. Upon any termination of this Agreement for any reason, Customer shall: (a) immediately cease using the affected EZ POS System and any other EZLinks Materials; (b) return, purge or destroy (as directed by EZLinks) all affected EZ POS System and other EZLinks Materials and certify to EZLinks in writing that all such copies have been surrendered or destroyed in accordance with the foregoing; and (c) pay to EZLinks any fees due and owing under this Agreement and/or any Schedule as of the effective date of termination. Moreover, each party shall return or destroy (as directed in writing by the other party) all Confidential Information in such party's possession or under such party's control. R. INVENTORY EXCHANGE: An inventory exchange program may be presented by EZLinks to the Client as an alternative to the monthly service and/or selected transaction payments, but is not required of EZLinks, and can be denied at the presentation or renewal of the Agreement. Through this option the Client provides EZLinks with apre-determined amount of tee time inventory in lieu of monthly service and/or selected transaction payments as indicated in the Inventory Exchange Payment Method section of the Sales Contract. Golfers that purchased their tee times through EZLinks cannot be denied service at Initials. Page 4 of 6 ,,,, E~LICI~CS CO~f, It1C EZLinks Golf, Inc. ff~) ~ 401 S. LaSalle ',,:~ SALES C®NTRACT Suite 500 Chicago, IL 60605 FAX:''813:902:6991 the time of their reservation by the PGC, and should service not be possible (i.e, inclement weather), it is the responsibility of the PGC to provide reimbursement in whatever form is agreed to be acceptable (i.e. rain check) by both the PGC and the Golfer(s). The following rules shall apply to the Inventory Exchange Program: • A "tee time" shall mean up to four players, including greens fees and carts. • Unless otherwise agreed upon between EZLinks and the Client, EZLinks may reserve tee times for this program up to 14 days in advance. • All tee times reserved through this program will be noted on the tee sheet as such. • If EZLinks, in its sole discretion, deems a tee time "unsold", it will release the tee time back to the PGC. • If EZLinks is unable to secure an allotted tee time due to scheduled outings, events, overseeding, course maintenance, or any other reason beyond EZLinks' control, EZLinks has the right to sell a replacement tee time on a later date. The original date of the tee time will be noted on the replacement reservation. • The Client will not cancel, move or edit a tee time reserved by EZLinks through this program without first contacting EZLinks. • The Client will not apply a surcharge to golfers booked through this program which is not charged to regular golfers. S. COSTS AND FEES: By entering into this Agreement, the Client agrees to pay to EZLinks, upon the Signing Date and thereafter during the term of this agreement, the costs and fees identified in the Contract Price area of the Products /Services Costs and Fees section for any products or services identified as Required. The Client agrees that all fees and costs paid by the Client or the PGC(s) to EZLinks as of the Signing Date are non-refundable. The definition of these fees is as follows: 1. One Time Charges -includes any EZLinks-Supplied Hardware, Software, installation and networking of equipment, software or data service(s) needed for the Client or PGC to access the EZLinks network, EZ POS and onsite training by EZLinks personnel. This does not include in-house wiring at the Client or PGC, installation of basic computer hardware that is supplied by the Client or PGC. The Client is responsible for networking of the Client's PCs. 2. Monthly Service -includes access to the EZLinks Tee Tlme Network, two user licenses (additional user licenses may be obtained), use of the 24-hour EZLinks Golf Reservation Center, 24-hour Technical and Software Support, software upgrades, promotion of the Client or PGC by EZLinks and EZLinks partners if applicable, and upgrades to EZLinks networking equipment and data circuit if deemed necessary by EZLinks. The monthly service will be invoiced (as applicable) at the end of each month for service the following month. Billing shall begin upon installation (the "Service Date"). 3. Transaction Fees -transaction fees may vary depending on the originating source of the tee time transaction as well as the volume of tee times played during the specified month. A billable transaction is one in which a golf round is booked via the EZLinks Tee Time Network and is not cancelled. There is no charge for transactional entries made into ETN by the Client or PGC at terminals onsite. Transaction Fee types and charges are detailed in the Contract Price area of the Products /Services Costs and Fees section. 4. Additional Costs -any costs incurred by EZLinks resulting from changes made by the Client that directly affect the EZLinks Tee Time Network (i.e. moving a data circuit into a new clubhouse) will be billed back to the Client in full. 5. Additional Products & Services -additional products and services that are selected by the Client and added to the Client's monthly invoice which do not appear on the Products /Services Costs and Fees section or an Addendum, ill be priced and billed for the effective amount at the time they are selected. Such additional services may include, but are not limited to, additional training, custom reports, custom database requests, fee maintenance (beyond the first 90 days of this Agreement), and the setup of non-standard reservation capabilities (e.g. instructors). Should the Agreement be extended or rewritten, the pricing for those added services may be adjusted pending prior notification to the Client by EZLinks. T. TERM: This Agreement shall be effective on the Service Date and continue for the length of time denoted on the Application for Service. Unless terminated as provided herein, the Agreement will renew for additional one-year periods unless canceled by written notice by the Client or EZLinks to the other party thirty (30) days prior to the anniversary of the signing date of the Agreement. U. CLIENT'S EQUIPMENT: For any equipment the Client provides for use in participating in the ETN, that equipment must meet or exceed the minimum specifications detailed below: • Personal Computer (PC) -Windows XP or a newer release with a 1GHz Pentium/Celeron processor or greater, minimum 512M6 of RAM, 30Mb of available hard drive space, and a video card that can support at least "1024x768" video resolution and at least 256 colors. • Printers -must be a laser printer which is Windows NT 4.0 compatible • Network -computers and printers must be networked by the Client and able to support TCP/IP protocol. Unless the client provides an internal, compatible IP scheme to EZLinks in advance of installation, EZLinks shall assign Its own IP scheme to the Client's or PGC's computers. For any equipment the Client provides for use in operating EZ POS, that equipment must meet or exceed minimum specifications and requires a technical review and approval prior to use by an EZLinks implementation representative. V. EZLINKS'-PROVIDED EQUIPMENT: Unless specified in the Sales Contract, any equipment or hardware we provide to you is our property. Title, ownership and right to possession of the equipment listed in the Contract Price area of the Products /Services Costs and Fees section shall remain with EZLinks until all sums due are paid or depreciation provisions are fully met. EZLinks warrants that upon delivery, the equipment shall be in good working order. After delivery, all risk of loss or damage to the equipment from fire, water, storm, burglary, power line fluctuations, spillage, accident, negligence, or abuse shall be borne by Customer. W. EZLINKS'-PROVIDED EQUIPMENT/SOFTWARE/SERVICES REIMBURSEMENT: EZLinks, at their sole discretion, may agree to provide hardware, software or services, normally requiring a One Time charge, as part of an inventory exchange payment option. All hardware, software or services included in this provision will be noted with a cost in the Equipment & Products Repayment area of the Products /Services Costs and Fees section of this Agreement. These items will be covered by the follow provisions: 1. All included Equipment/Software/Services will be depreciated over the term of the agreement with equipment becoming property of the facility at end of term. 2. If Client changes method of payment to "cash" before end of original term, facility will owe the undepreciated amount of "Equipment & Products Repayment Total". 3. The original amount of the Equipment & Products Repayment Total for this Agreement is $13.358.80 4. Client is responsible for any and all property taxes assessed on the hardware detailed above. Initials Page 5 of 6 ~~Lltll(S GO~f,'n~ EZLinks Golf, Inc. 401 S. LaSalle SALES CONTRACT Suite 500 - Chicago, IL 60605 FAX:!813:902:6991 The Client represents that it maintains insurance sufficient to cover any potential loss or damage up to the full value of all hardware provided by EZLinks as detailed above. X. PAYMENT CONDITIONS: Client's Installation fee is due at contract signing. All other payments are due within thirty (30) days of invoice. Any payment not received as agreed accrues interest at a rate of one and one half percent (1.5%) interest per month. All receipts will first be applied to interest due. All checks should be made payable to: EZLinks Golf, Inc., Department 4120, P.O. Box 87618, Chicago, IL 60680-0618. When the Client or PGC(s) authorizes EZLinks to collect fees directly from Golfers or Third Parties, these fees will be collected at the time of reservation or as soon as possible thereafter. EZLinks will remit amounts due to the Client or the PGC to the appropriate party on a monthly basis after first deducting any outstanding EZLinks balance, interest or late fees owing to EZLinks, and any applicable credit card charges, fees and expenses. The Client will be solely responsible for the payment of any tax (s), surcharges or fees assessed by any state or local government. Y. INSURANCE: The Client represents that it maintains insurance sufficient to cover any potential loss or damage up to the full value of all hardware, software and data provided by EZLinks to the Client or its PGC(s) as detailed in the Sales Contract. The Client agrees to furnish to EZLinks, upon request, original Certificates of Insurance evidencing the required coverage to be in force during the term of this Agreement. The Client shall provide EZLinks with 60 days prior written notice in the event the required coverage is substantially changed, canceled, or not renewed. Z. ENTIRE AGREEMENT: This Agreement and any attached agreements, appendices, addendums and exhibits hereto and thereto, shall constitute the entire Agreement between the parties and no warranties, inducements, considerations, promises or other inferences shall be implied or expressed -that are not expressly addressed herein or therein. No variation or amendment of this Agreement and no waiver of its provisions shall be valid unless in writing and signed by the duly authorized officers of EZLinks Golf and the Client. This contract shall be binding upon and insure to the benefit of EZLinks and Customer and to the successors or assigns of the entire business and assets of either of them or of that part of the business and assets of either used In the performance of this contract. "SIGNER INFORMATION The Sales Contract is subject to acceptance by EZLinks Golf. If the Client signs the Sales Contract, the Client agrees to be bound by the terms and conditions of the Contract and any attached agreements, appendices, addendums and exhibits, which if accepted by EZLinks Golf, Inc, shall constitute the entire Agreement between the Client and EZLinks Golf, Inc. You represent that the individual who signs this Sales Contract has authority to bind the Client to the terms of the Agreement. Signature: Date: Print Name: Title: EZLnks`USE'ONLY Agreement Accepted by: Date: Title: Account Manager: Facility ID: Billing ID: Initials. Page 6 of 6 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: June 29, 2011 SUBJECT: AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF JULY 5, 2011 SUBDIVISION IMPROVEMENT AGREEMENT /KCMCL PINEAPPLE GROVE LLC ITEM BEFORE COMMISSION Commission approvaUauthorization for Mayor to execute Subdivision Improvement Agreement with KCMCL Pineapple Grove, LLC for the Hyatt Place at Pineapple Grove, Delray Beach. This agreement provides for KCMCL Pineapple Grove, LLC to pay one-quarter the cost of improvements to the intersection of N.E. 1st Avenue and N.E. 1st Street. The amount to be paid to the City under this agreement is $7,500.00. BACKGROUND Hyatt Place at Pineapple Grove is located within the boundaries of N.E. 1st Street on the south, N.E. 2nd Street on the north, N.E. 1st Avenue on the west and Pineapple Grove Way (N.E. 2nd Avenue) on the east, as shown on the attached Exhibit A. The Pineapple Mainstreet Plan identifies the intersection of N.E. 1st Street and N.E. 1st Avenue to be reconstructed with pavers. SPRAB approved this project with the condition that the Developer contributes one-quarter the cost of providing pavers at the intersection of N.E. 1st Street and N.E. 1st Avenue. This agreement requires KCMCL Pineapple Grove, LLC to contribute one-quarter the cost of this improvement as required by SPRAB. RECOMMENDATION Staff recommends approval. Prepared by: RETURN: R. Brian Sliuf#, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beaeh, Florida 33444 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT entered into this day of , 20l _, by and between the CITY OF DELRAY BEACH, a Flozida municipal corporation, (hereinafter refez7ed to as CITY) and KCMCL PINEAPPLE GROVE LLC (hereinafter refezz•ed to as OWNER), provides as follows: WHEREAS, OWNER is developing a project located within the boundaries of N.E. 1sT Street on the south, N.E. 2n~ Street on the north, N.E. 1S' Avenue on the west and N.E. 2nd Avenue on the east, as shown on the attached drawing (See Exhibit "A"), in the CITY; and WHEREAS, the OWNER is required to comply with certain development conditions relating to improvements in the public right-of--way of the intersection of N.E. 1 SE Avenue and N.E. 1$~ Street, on the NE coiner of the site; and WHEREAS, the OWNER has agreed to pay, within 10 days of the execution of this Agreement, one-quarter the cast of impzoving the above named intersection as required by the development conditions. NOW, THEREFORE, in consideratian of the mutual covenants and undertakings set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the OWNER and CITY hereby agree as follows: 1. INCORPORATION OF RECITALS. The above-stated recitals are incorporated as if fully set forth herein. 2. COSTS PAID BY OWNER. The OWNER shall pay to the CITY one quarter of the cost of the improvements to the intersection of N.E. 15~ Avenue and N.E. 15t Street, in an amount of $7,500.00. The OWNER, its successors, heirs or assigns shall make payment to the CITY within 10 days of the execution of this Agreement. 3. COVENANT RUNNING WITH THE LAND. It is the intent of the parties that this Agreement shall run wi#h the land, This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding an the pa~~ies' legal representatives, heirs, successors and assigns. 4. GOVERNING LAWS• VENUE. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Pahn Beach County, Floa7da. 5. INTEGRATION; AMENDMENTS. This Agreement constitutes the entire agreement and understanding of the parties. There are na representations or understandings of any kind nat set forth herein. Any amendments to this Agreement must be in writing and executed by both parties, IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year f rst above written. ATTEST: CITY OI` DELRAY BEACH By; By: City Clerk Approved as to Form: By: City Attorney Mayor, Nelson S. McDuffie 2 OWNER By: °" ...~ ~ .~o STATE OF ~ , COUNTY QF 1~4 The foregoing instzument was acknowledged before me this day of ,201~,by ,as ~ (name of officer or agent, title of officer or agent), of ~G€~t ~r~~~~p[~~ (state or place of incozporation) cozpoz•ation, on behalf of the corporation. /She is persgnally kn wn to zne or has produ ed (type of identification) as i enc`i~' t ~ atiozz. l Signature o otary lie ~ .„.;,,: ;~~~Y~~~~= h4YCOMh41SSI0N ©a 36642 ~~ [~~ EXPM1~R~AS1.;1f,4arch23,2012 +"~~1114Of `• W~~ ~I~I~i1V-~.! `W-~YII'.^+1>ITI~.Q~S .A~..FQ/.~...d ~Y n(~..F.,...{J ~f9 1m !/~F N.E. 2nd Street 0 Ch _v ~ ~ a~ [E I E-.-- ~ ~ •f ~ ~ .~ ~ N.E. ~ st Street AREA TO BE REPAVED ~, a~ ~ ~ ~ ~ ~ ~ v Q Q ~ ~~', ~ ~ ~ c ~ ~ N Q W w ~ w S z Z o •~ '~ ~ cr) Atlantic Aven€~e ~/ /~ Hyatt Place ~': _->:=: E~ h ~ b ~ ~ A Pineapple Grave ~`:~K~ ^elray Beach Fbrida MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 8.M. -REGULAR COMMISSION MEETING OF JULY 5, 2011 AGREEMENT/DEB PETROLEUM COMPANY, INC. ITEM BEFORE COMMISSION Staff requests Commission approval of an agreement with DEB Petroleum Company, Inc. for provision to the City of an emergency backup supply of diesel and unleaded fuel as necessary during disaster response activities. BACKGROUND In preparation for response to natural disasters and other emergency situations, it is prudent for the City, as first responder, to provide redundancy in resource planning. A key resource in any emergency response plan is a fuel supply for the variety of vehicles and equipment required for response and recovery activities. This agreement is for a three year term and allows the City to intall a transfer switch at the DEB owned Shell station on the southeast corner of Linton Blvd. and SW 4th Avenue (380 W. Linton Blvd.) for connection of a City generator to operate the diesel and unleaded pumps at that location. DEB will reserve 3,000 gallons each of diesel and unleaded fuel for City use at this site as needed by the City. RECOMMENDATION Staff recommends approval. AGREEMENT THIS AGREEMENT entered into this day of , 2011, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as City) and DEB PETROLEUM COMPANY, INC. (hereinafter referred to as Owner), to proVlde a5 follOWS: WHEREAS, Owner, ow~is a gas station located at 380 W. Linton Boulevard and is in the business of dispensing fuel for vehicles; WHEREAS, in times of a natural disaster or other eniergeney the City vehicles may need to obtain fuel from outside vendors in the event that the City does not have adequate reserves; WHEREAS, Owner agrees to provide fuel to City vehicles during times of natural disaster or other emergency. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the Owner and City hereby agree as follows: 1. The above-stated recitals are incoz-porated herein as if fully set forth herein. 2, Tl~e City shall install a transfer switch in order to allow a ge~rerator to be used to provide power to the gas station located at 3S0 W. Linton Boulevard in the event that a natural disaster or other emergency disrupts the power to the gas station. Owner hereby consents to the entry of the City, or its agents or contractors, onto Owner's property to maintain certain electrical wiring or other components, as deemed necessary by the City, in order to be able to use a City generator at this location. Owner also consents to the entry upon the property by the City, its agents or contractor, to remove the electrical wiring or components in the event of the termination of this Agreement. 3. In the event of a natural disaster ar other emergency in whicli power is disrupted to the gas station, the City niay, iu its sole discretion, provide a generator at this location in order to allow llie gas station to have power in order to operate its pumps to dispense fuel. The Owner hereby agrees to reserve 3000 gallons of unleaded gasoline and 3000 gallons of diesel fuel for City vehicles in the event of a natural disaster ai• other emergency, regardless of ~vhetlier tl~e station 13as lost power, This amount may be reduced if agreed upon by the City. The Owner riiay still dispense fuel to other vehicles as long as tl~e reserve amount is maintained. In the event that the Cily is unable to provide a generator to the gas station and the station does not have potiver, Ow3ier may use another generator iai order to provide power to the station to dispense fuel. ~. Owner agrees to sell the fi-el to the City at the current market rate and to stay open For extended hours in the event that the City z'equests extended hours of operation in order to dispea~se fuel to City vehicles. 5. In the event of a nahlral disaster or other emergency and the station's power is disi~apted, and upon the request of Owner, the City ia~ay, in its sole discretion, furnish a generator to the station. If a generator is provided by the City to the station, the City may remove the generator at any time and far any reason. The City does not guarantee that it will furnish a gea~erator or how long the generator will be at the station. 6. This Agreement shall coiumence upon the date provided above and shall extend for a period of three years. Once the Agree~~~ent is teinliiia#edlexpired, the City may, in its sole discretion, enter the property and remove the electrical wiri~rg and any other componens installed by the City, or the City Wray sell the wiring and components to the Owner, if the City so CIlOOSeS in 1tS sole d1SC2'ett0ll. 7. Any claims, lawsuits or disputes that may arise under this Agreement shall be governed by the Laws of Florida, with venue in Palm Beach County, Florida. z $. This Agreement coa~stitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set faith herein. Any amendments to this Agreement must be in writing and executed by both parties. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day acid year hrst above written. ATTEST: City Clerk Approved as to Form: City Attorney WITNESSES: CITY OF DELRAY BEACH By: Nelson S. McDuffie, Mayor DEB PETROLEUM COMPANY, INC. ~ZL ~Y~~ 13y: ~ ~tlv1~~ rr r~ (Name Pru~ted or Typed) (Name Printed or Typed) STATE OF ~~ u ~ .' aC,c~ COUNTY OF ~- -~ ~ e~ c~ ~ ~--_-. The foregoing instrument was acknawledged before me this ~ day of ~ ~ ~ ~ , 2011, by as {name of officer or agent, title of officer or agent), of {name of corporation aclcnawledging), a (state or place afincorporatian) caxporatian, on behalf of the corporation. He/She is personally known to me or has produced (type of identifcat'an) as ' ~n i tea ~ .° - ~'" ignahire of Notary Public 1VIy Coiruxiission Expires: ap~YP~d~ ~`Jolory Public 5Eale of Florida ~ Vincent ~'ant~~sca ~~ A+ly Cr nn~rss nn I~~Bg4~J4E ~Ofi M1~ EXla n?: ~fi171, ~. ,, '~.~s>"~. ~n.,r~ MEMORANDUM TO: Mayor and City Commissioners FROM: Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 8.N. -REGULAR COMMISSION MEETING OF JULY 5, 2011 AGREEMENT/DEB PETROLEUM 2, INC. ITEM BEFORE COMMISSION Staff requests Commission approval of an agreement with DEB Petroleum 2, Inc. for provision to the City of an emergency backup supply of unleaded fuel as necessary during disaster response activities. BACKGROUND In preparation for response to natural disasters and other emergency situations, it is prudent for the City, as first responder, to provide redundancy in resource planning. A key resource in any emergency response plan is a fuel supply for the variety of vehicles and equipment required for response and recovery activities. This agreement is for a three year term and allows the City to maintain the prior transfer switch installation at the DEB owned Shell station on the southwest corner of Linton Blvd. and Congress Avenue (2100 W. Linton Blvd.) for connection of a City generator to operate the unleaded pumps at that location. DEB will reserve 3,000 gallons of unleaded fuel for City use at this site as needed by the City. RECOMMENDATION Staff recommends approval. AGREEMENT THIS AGREEMENT entered into this day of , 2011, by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (Hereinafter referred to as City} and DEB PETROLEUM 2, INC. (hereinafter referred to as Owner), to provide as follows: WHEREAS, Owner, owns a gas station and is iu the business of dispensing fuel far vehicles; WHEREAS, in times of a natural disaster or other emergency the City vehicles inay need to obtain fuel from outside vendors in the event that the City does not Dave adequate reserves; WHEREAS, Owner agrees to provide fuel to City vehicles during times of natural disastez- oz' other emergency provided that the City provide a generator to Ownez• in order to allow Owner to pump fuel. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the Owner and City hereby agree as follows: 1. The above-stated recitals az-e incorporated herein as if fully set forth herein. 2, The City has installed a transfer switch in order to allow a generator to be used to provide power to the gas station located at 2100 W. Linton Boulevard in the event that a natural disaster ar other emergency disrupts the power to the gas station. Owner hereby consents to the entry of the City, or its agents or contractors, onto Owner's property to maintain certain electrical wiring or other components, as deemed necessary by the City, in order to 6e able to ttse a City generator at this location. Owner also consents to the entry upon the property by the City, its agents or contractor, to remove the electrical wiring or components in the event of the tei7~~ination of this Agreement. 3. In the event of a natural disaster or other emergency in which power is disrupted to the gas station, the City may, in its sole discretion, provide a generator at this location in order to allow the gas station to have power izz order to operate its pumps to dispense fuel. The Owner hereby agrees to reserve 3000 gallons of unleaded gasoline for City vehicles in the event of a nahrral disaster or other emergency, regardless of ~vlrether the station has lost power. This amount nzay be reduced if agreed upon by the City. The Owner play still dispense fuel to other vehicles as long as the reserve amouzzt is maintained. Izz the event that the City is unable to pravide a generator to the gas station and the station does not have power, Owner zz~ay use another generator izz oz-dez- to provide power to the station to dispense fuel. 4. Owner agrees to sell the fuel to the City at the current market rate and to stay opezz for extended hours in the event that the City requests extended hours of operation in order to dispense fuel to City vehicles. 5. In the event of a natrzral disaster ar other emergency and the station's power is disrupted, and upon the request of Owner, the City may, in its sole discz'etian, fizrnish a generator to the station. Tf a generator is provided by the City to the station, the City zzzay remove the generator at any time and for any reason. The City does not guarantee that it will fizrnish a generator or hotiv long the generator will be at the station. 6. This Agreement shall commence upon the date provided above and shall extend for a period of three years. Once the Agreement is terzz~zinated, the City may, izz its sole discretion, enter the property and remove the electrical wiring and any other components installed by the City, or the City rzzay sell the wiring and components to the Owner, if the City sa elzooses in its sole discretion. 7. Any claims, lawsuits or disputes that may az•ise under this Agreement shall be governed by the Laws of Flarida, with venue in Palm Beach Couzzty, Florida. 2 8. This Agreement constitutes the entire agreement and understanding of the parties. There are no representations or understandings of any kind not set forth herein. Any amendments to this Agreement must be in writing and exeeerted by both parties, IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as ref the clay and year first aUove written. ATTEST: Gity Clerk CITY OF DELRAY BEACH By: Nelson S. McDuffie, Mayor Approved as to Fo~•cn: City Attorney WITNESSES: U (Name Printed or Typed) DEB PETROLEUM 2, INC. r By: ~ {Name Printed or Typed) STATE OF ,~ d COUNTY OF ~ ,~.~ ,~,~-c ,~,_ The foregoing instrument was acknowledged before me this -~~ day of rl y,v~ ___, 2011, by as (name of officer or agent, title of afficcr yr agent), of {name of corporation acknowledging), a {state or place of incorporation) corporation, on behalf of the corporation. He/She is personally krrown to me or has produced (type of identificatioiY) as i~n~ ation. ~, Si atii~=eofNotaryPu~ My Commission Expires: ~v+'Y A4~ Notary Public Siaie of Florida Vincent pantusco r My Commission pp684994 ~px nod Expiras 061 3121)11 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 8.0. -REGULAR COMMISSION MEETING OF JULY 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 June 20, 2011 through July 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 June 20, 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 (4 to 2, Connor Lynch and Al Jacquet dissenting, Clifford Durden absent) of a conditional use request for Milagro Center to allow the establishment of a child care center to operate within a portion of the existing 7,500 square foot clubhouse facility at the Village at Delray multiple family residential development, located at 695 Auburn Avenue. B. Recommended approval (6 to 0), of a modified version of aCity-initiated amendment to the Land Development Regulations Section 4.4.13 "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations"; and Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations" to clarify the parking requirements for restaurants for properties fronting along East Atlantic Avenue between Swinton Avenue and NE/SE 5th Avenue (Southbound Federal Highway). C. Recommended approval (6 to 0), of a modified version of aCity-initiated amendment to the Land Development Regulations Section 4.6.9 "Off-Street Parking Regulations" Subsection 4.69(E)(3) "In-Lieu Fee" to clarify the applicability of the payment of in-lieu of parking program and eliminating the reference to the Downtown Delray Beach Cluster Analysis as a required finding. D. Recommended approval (6 to 0), of aCity-initiated amendment to the Land Development Regulations Section 4.6.9 "Off Street Parking Regulations", Subsection 4.69(C) "Number of Parking Spaces Required" and Appendix "A" "Definitions" by adding the definition of call centers and providing for specific parking requirements for call centers. E. Recommended approval (5 to 1, Al Jacquet dissenting), of aCity-initiated amendment to the Land Development Regulations Section 2.4.3(K) "Fees", Subsection 2.4.3(K)(1) "Development Applications" to provide for an increases in certain existing land development application fees. F. Recommended approval (5 to 0, Cary Glickstein left the meeting), of the initiation of Comprehensive Plan Amendment 2011-1. Site Plan Review and A~earance Board Meeting of June 22, 2011 1. Denied (6 to 0), a request for a color change for an existing commercial building located at 301-315 NE 2"d Avenue. 2. Approved with conditions (6 to 0), a Class I site plan modification request associated with the removal of an existing railing adjacent to the public sidewalk for Starbucks, located on the east side of SE 5th Avenue, south of Atlantic Avenue (502 East Atlantic Avenue). 3. Approved with conditions (5 to 0, Shane Ames stepped down), a Class II site plan modification associated with the construction of a bullpen and vehicle display area for Presidential Motors, located at the southeast corner of South Federal Highway and Avenue "L" (3201 South Federal Highway). 4. Approved (5 to 0, George Brewer stepped down), a Class III site plan modification and architectural elevation plan associated with the conversion of use from existing retail (deli) to restaurant for Burger Place, located on the west side of SE 5th Avenue, south of Atlantic Avenue (12 SE 5th Avenue). No other appealable items were considered by the Site Plan Review and Appearance Board. The following item which was considered by the Board will be forwarded to the City Commission for action: 5. Recommended approval (6 to 0), of waiver requests for BurgerFi, located on the west side of South Ocean Boulevard, south of Atlantic Avenue (6 South Ocean Boulevard). The requests include a waiver to LDR Section 4.6.7(J)(3) to allow a projecting sign to be placed above the roofline and to Section 4.6.7(E)(7) to allow a flat wall sign to be installed on an elevation that does not face a dedicated street frontage. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map ~~~, CITY COMMISSION MEETING - - - - ~T,~~~~~~~ _ _ _ _ N ' JULY 5 2011 ~ z~ U~,~ ~n~~~ i ~ ~ ~ PLANNING AND ZONING ~~ ~ LOCATION MAP ~F~ acn~E DEPARTMENT SPRAB: 1. 301-315 NE 2ND AVENUE 3. PRESIDENTIAL MOTORS -~. STARFUCKS 4. BURGER PLACE -- D/GITA[ BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File-Cab\CC-DOC\7-5-11 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: June 16, 2011 SUBJECT: AGENDA ITEM 8.P.1 -REGULAR COMMISSION MEETING OF JULY 5, 2011 CONTRACT AWARD/ALL PHASE ROOFING AND CONSTRUCTION ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Award in the amount of $16,922.00 to All Phase Roofing and Construction for re-roofing of the Fleet Maintenance tire bay roof. BACKGROUND All Phase Roofing and Construction, Inc the apparent low bidder will provide all labor, material and supervision necessary for the re-roofing of the Fleet Maintenance tire bay roof. The base bid includes the following; removal and legal disposal of the existing tar and gravel roof system and repairs to the water damaged parapet wall, where necessary. The replacement roof will be a modified membrane built up granular surface roof system. The benefits of this type of system include a proven track record for longevity, low cost to maintain and ease of repair, if ever necessary. The contractor, All Phase Roofing has completed several City projects over the last couple of years; the City's experience with the firm has been very positive. A bid tabulation and location map are attached for your reference. FUNDING SOURCE Funding is available from 334-3351-591-46.10 General Construction Fund/City Garage/Bldg. Maintenance. 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Via. .a i'.~s ~~ "~*r. '~ ~ t ~ 1 ~ i } S! ~ } ~y, ~ I .y _._ MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF JULY 5, 2011 CONDITIONAL USE REQUEST/MILAGRO CENTER ITEM BEFORE COMMISSION Consideration of a Conditional Use request to establish a private child care facility known as the Milagro Center. The child care facility will operate within a portion of the existing 7,500 sq. ft. club house of the Village at Delray multiple family residential development. BACKGROUND Pursuant to LDR Section 4.4.6(D)(1), within the RM (Multiple Family Residential) zoning district, child care facilities are allowed as a Conditional Use. The subject property is located at 675 Auburn Avenue, which is on east side of Auburn Avenue. The Milagro Center intends to operate after school from 2:15 to 6:00 pm, Monday-Friday. The Milagro Center also will serve children from 8:00 am to 6:00 pm on non-school days, including the summer months to keep the children off the streets. The Milagro Center staffs 5 full time employees and one part time employee for approximately 43 K-5th grade children. The child care center will occupy the residential amenities initially approved by SPRAB within the clubhouse for Village at Delray multiple family residential development. These include the multiple purpose area and large kitchen and cafe area, outside play areas around the pool and support pool facilities like restrooms. All of these enhanced recreational components were provided for the residents to justify the increase in density to 18 units per acre for this development. While the applicant has attempted to mitigate the losses in internal recreational components it is at a much reduced level. [Clubhouse amenities originally approved at 2,517 sq. ft. now reduced to 529 sq. ft. (79% reduction in size)]. In addition, the newly relocated diminished multipurpose area will operate in an area with difficult access as the residents will have to go through the reception, vestibule, leasing conference room before they actually reach the new multiple purpose area. Further other LDR compliance issues are raised in the staff report including an inadequate drop-off area. As this proposal will negatively impact the clubhouse amenities and adjacent outside play areas approved as part of the recreational component of the residential development to justify an increased in density, positive findings cannot be made with respect to Chapter 3 of the Land Development Regulations more particularly LDR Section 4.4.6(H)(3) Recreational Amenities. At its meeting of June 20, 2011, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request for the Milagro Center.Presentations were made by staff and the applicant. While the Planning and Zoning Board was concerned over the utilization of community recreational amenities by a private entity the applicant's attorney indicated the facility would continue to be available for residents when the Milagro Center was not open. With that assurance and after a lengthy discussion, the Board moved a recommendation of approval of the conditional use request for the Milagro Center on a vote of 4-2, by adopting the findings of fact and law contained in the staff report. A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff reports of June 20, 2011. While the applicant's assurance of additional residential access to the facility addressed part of staff concerns, these facilities will not be available for the residents they were intended for significant periods particularly during the high use months in the summer. Further we are skeptical that the facilities once set up with office equipment, child care play areas, and other activity areas associated with the Milagro Center actually will be open to the residential community given legitimate safety and security concerns. RECOMMENDATION Move a recommendation of denial to the Conditional Use request to locate and establish a child care facility The Milagro Center within the Village at Delray Club House, 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 Chapter 3.1.1, Compliance with the Land Development Regulations, LDR Section 4.4.6(H)(3) Recreational Amenities, and LDR Section 4.3.3(E) (4) Loading and Drop-off Area. In the event that the City Commission approves the Conditional Use request for The Milagro Center, staff recommends that it should be done subject to the following condition: 1. A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic concurrency standards of Palm Beach County is required; 2. That the maximum capacity of the child care facility be limited to a total of 43 students; 3. That the applicant obtains acknowledgement from the Health Department that the facility can operate as a shared facility (as advanced by the applicant's attorney), and that all recreational components both internal and external that are part of the conditional use request remain available for utilization by the residential development's residents during times the Milagro Center is closed; 4. That the applicant provides a copy of the Credit Underwriting Report issued and approved by the Florida Housing Finance Corporation (FHFC) listing those specific amenities within the clubhouse and/or the Village at Delray development that were required to be for the RESIDENTS ONLY; 5. That the applicant provides a copy of the Land Use Restriction Agreement between the FHFC and Auburn Corporation which was recorded as a deed restriction against the Village at Delray Development outlining what amenities are required for the use of RESIDENTS ONLY; and 6. That if any of the amenities required by the Credit Underwriting Report or conditioned in the Land Use Restriction Agreement are included in this request then a letter acknowledging acceptance of this arrangement will be required from the FHFC. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ESTABLISH A PRIVATE CHILD CARE FACILITY FOR THE MILAGRO CENTER AT 675 AUBURN AVENUE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on July 5, 2011. The conditional use request is to establish a private child care facility for the Milagro Center at 675 Auburn Avenue. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request of the Milagro Center. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. COMPREHENSIVE PLAN A. FUTURE LAND USE MAP: The use or structures must be allowed in the zone district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density 5-12 du/ac) and is zoned RM (Multiple Family Residential -Medium Density). The RM zoning district is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D)(1), within the RM zoning district, child care facilities are allowed as a Conditional Use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. Are the requirements of the Future Land Use Map met? Yes No B. Concurrence: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. 1 Are the concurrency requirements met with respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No C. Consistency: Compliance with performance standards set forth in Chapter Three and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the Objectives and Policies of the adopted Comprehensive Plan was conducted and no applicable Objectives or Policies were found. Are the consistency requirements met such that the proposed project is complementary to and compatible with adjacent land uses and the beneficial aspects of the project outweigh the negative impact of identified points of conflict? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No B. LDR Section 4.3.3(E) -Childcare Facilities: Lot Area: Pursuant to LDR Section 4.3.3 (E)(1), the minimum lot area required for child care facilities is 7,500 square feet. The proposed child care facility is associated with the Village at Delray residential development which is located on an 11.03 acres site. Floor Area: Pursuant to LDR Section 4.3.3 (E)(2), child care facilities shall contain a minimum floor area of 35 sq. ft. per child, exclusive of space devoted to bathrooms, halls, kitchen, offices and storage. It appears that of the 4,114 sq. ft. total child care structure a total 2 of 1,938 sq. ft. would be usable floor area thus, allowing a maximum capacity of 55 children (1,938/35 = 55.37). The applicant has requested a capacity of 50 children. Outdoor Area: Pursuant to LDR Section 4.3.3 (E)(3), there shall be a minimum of 75 sq. ft. of outdoor play area per child. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback or adjacent to any outdoor storage area. A 6' high fence or wall shall surround the play area. The site plan measures 3,282 sq. ft. outdoor play area which was approved for the community as a whole. Even if this was now reserved exclusively for the child care use, which would be contrary to the performance standards of LDR Section 4.4.6(1) used to approved the increased density for the residential development, the proposed outdoor area would only accommodated a total of 43 students (3,282/75 = 43.76). Loading Area: Pursuant to LDR Section 4.3.3 (E)(4), a pick-up and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Pursuant to LDR Section 4.6.9(D)(3)(c), provisions must be made for stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. Provisions must be made to provide for 100' of clear stacking from the first point of transaction of the daycare drop-off line. The suggested drop-off area will be located in-front of the parking area for visitors to the Clubhouse. Are the requirements of Section 4.3.3(E) met? Yes No C. LDR Section 4.6.9(C)(7)(h) - Parking: Pursuant to LDR Section 4.6.9(C)(7)(h), child care facilities must provide 1 parking space per 300 sq.ft. of total floor area. Further, parking is to be designed to enable vehicles to enter and exit a site in a forward manner. The 4,114 sq. ft. facility requires 14 parking spaces and a total twenty one parking spaces are being provided. The applicant has depicted on the site plan the parking spaces that are going to be used for the child care center and those that will be used by the club house. It is noted that the number of parking spaces originally approved for the clubhouse has now been reduced from 21 spaces to only 6 parking spaces to serve a community of 192 residential units (a reduction of 71 % in parking spaces for the clubhouse). Are the requirements of Section 4.6.9(C)(7)(h) met? Yes No 3 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this 5th day of July 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 4 EXHIBIT "A" Conditions Related to the Milagro Center Day Care 1. Relocation of the loading area so that it does not interfere with the parking area is required in order to comply with LDR Section 4.3.3(E)(4); 2. A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic concurrency standards of Palm Beach County is provided; 3. That the proposed outdoor play area be increased or the maximum capacity be reduced to a total of 43 students; 4. That the applicant provides a copy of the Credit Underwriting Report issued and approved by the FHFC listing those specific amenities within the clubhouse and/or the Village at Delray development that were required to be for the RESIDENTS ONLY. 5. That the applicant provides a copy of the Land Use Restriction Agreement between the Florida Housing Finance Corporation and Auburn Corporation which was recorded as a deed restriction against the Village at Delray Development outlining what amenities are required for the use of RESIDENTS ONLY; and 6. That If any of the amenities required by the Credit Underwriting Report or conditioned in the Land Use Restriction Agreement are included in this request then a letter acknowledging this will be required from the FHFC. PLANNING AND ZONING BOARD C1TY ®F ®ELRAY E/4CH ~EET~NG DATE: June 24, 2011 _®_ °TAFF REP®RT ~_~ '~~,~; Conditional Use Request to establish a child care facility for the Milagro Center to within the Club House building of the Village at Delray residential development. Pursuant to LDR Section 4.4.6.(D}(1), within the RM (multiple Family Residential) zoning district, child care facilities are allowed as a Conditional Used. The property is located at 675 Auburn Avenue. GENERAL DATA: Applicant ..................... Agent ......................... Village at Delray, Ltd. Weiner & Lynne, P.A. Owner ........................ Auburn Corporation Location .......................... East side of Auburn Avenue (675 Auburn Avenue} Property Size .................. 11.03 acres Future Land Use Map..... MD (Medium Density 5-12 dulac) Current Zoning ............... RM (Medium Density Residential} Adjacent Zoning....North: RM (Multiple Family Residential} East: 4SR (Open Space Recreational) South: RM (Multiple Family Residential) West: RM (Medium Density Residential} Existing Land Use.......... Recreational amenities for the Village at Delray residential development. P"roposed Land Use........ Private Child Care Facility located within a portion of the existing community Club House. Water Service ................. Water service is available via service lateral connections to two existing 8" water mains that traverse the site from east to west and from north to south. Sewer Service ................ Sewer service is available via service lateral connection to an existing 8" sanitary sewer main that traverse the site from east to west and from north to south. y~.~ s~!. r ~ ~ r x a;. -.- f W Fl~„1 CR N ITEM.: BEFOiRE THE BOARD The action before the Board is making a recommendation to the City Commission on a request for Conditional Use approval to establish a private child care facility for the Milagro Cenfer, pursuant to LDR Section 2.4.5(E). The child care facility will operate within a portion of the existing 7,500 sq. fit. club house of the Village at Delray multiple family residentia! development. Pursuant to LDR Section 4.4.6(D){1), within the RM {Multiple Family Residential) zoning district, child care facilities are allowed as a Conditional Use. The subject property is located at 675 Auburn Avenue, which is on east side of Auburn Avenue. DACKG`ROUND The subject property consists of Tract "G" and a portion of Tract "C", Auburn Trace, according to the Plat Boak 64, at pages 184 through 186 of the public records of Palm Beach County. Tract "G" and a portion of Tract "C", are located to the north of SW 7th Street and to the south of Auburn Drive. The area of the property totals 11.03 acres and is zoned RM (Multiple Family Residential). On March 17, 2008 and April 1, 2008 respectively the Planning and Zoning Board recommended approval and City Commission approved a conditional use request to allow an increase in density above 12 units per acre for Village at Delray (24 dulac proposed}. The conditional use was associated with the construction 264 residential uni#s which will include 66 workforce housing rental units containing a mix of one, two and three-bedroom units. The balance of the development will include 198 market rate rental units. This project was never built. On September 21, 2009 the Planning and Zoning Board recommended denial of a modified conditional use request to allow an increase in density above 12 units for revised Village at Delray (17.4 dulac proposed). The conditional use was associated with the construction 192 workforce residential units within four 3-story buildings. The amenities offered by the proposed development included a 7,500 sq. ft. club house. The Planning and Zoning Board recommendation of denial of the conditional use was based on consensus the revised proposal was inconsistent with the Southwest Area Neighborhood Redevelopment Plan with respect #o the provision of amixed-income residential development. The intent of the Southwest Area Neighborhood Redevelopment Plan is to facilitate the redevelopment of the Carver Estates area with amixed-income community which would include workforce housin units and market rate units. The proposed developmen# provides only workforce housing with no market rate units as initially envisioned At its meeting of October 6, 2009, the City Commission approved the conditional use request to allow for a density of 17.4 dwelling units per acre for Village at Delray. At its meeting of November 11, 2009, The Site Plan Review and Appearance Board (SPRAB} approved a Class V Site Plan, Landscape Plan and Architectural Elevations associated with the construction 192 residential units within four 3-story buildings which each contain 48 units (6 one-bedroom units, 24 two-bedroom units, and 18three-bedroom units). Three of the initially proposed buildings and the club house have now been completed. The current proposal includes the conversion of a portion of the 7,500 sq. ft. club house provided with this development into a child care facility for the Milagro Center with a capacity for 50 children. The property is currently zoned RM (Multiple Family Residential} which allows child care facilities as a Conditional Use. Therefore, a conditional use application to establish the child care facility is now before the Board far action. Planning and Zoning Board Staff Report meeting of 06/20/11 Conditional Use Approval -Village at Defray Milagro Center Child Care Page 2 PROJECT DESCRIPTION The Conditional Use request is to establish a child care facility known as the Milagro Center. The applicant has submitted the following narrative, which describes the operation: The Conditional Use request is fo allow anot-for-profit child care facility to operate within part of the 7, 500 square foof recreation center developed on fhe Village at Delray multi-family residential rental property. The owner of the Property. Village at Delray, Ltd. has been approached by the owners of The Milagro Center fo relocate Milagro `s afferschool program onto the Property to benefit fhe residenfs of the Village at Delray and the surrounding community with art education, academic support, and mentoring for underprivileged children from K-5th grade. Village of Delray is an affordable rental apartment community located on fhe east side of SW 92« (Auburn) Avenue. The amenities far the residents include an oversized 7.500 square foot clubhouse with swimming pool, leasing center, aftercare center wifh computer room and a large warming kitchen. The clubhouse also has a covered bus stag area The Milagro Center is a 501(c)(3) non-profit agency whose mission is fa enrich children`s lives through cultural arts, academic support and living values, benefiting both the children served and their families as well as the community, If was established in 1997, offering housing art exhibits, outreach programs, and after school summer camp programs far disadvantaged children. The underprivileged children living on the Property will have direct access to the services provided by Milagro. Far those residents without children, the other uses within the clubhouse itself -separated by the space utilized by Milagro -will continue to be accessible and provide the same amenities proposed during fhe site plan approval process. Thus, no amenities are being taken away from residents and assigned to Milagro. Rather, the use of the clubhouse space being considered for use by Milagro was always contemplated for achild-care type use. The provision of an on-site child enrichment program within the clubhouse is more of an "accessory use" but for the fact that the use will also be open to non-residents of the property and to the children of the City of Delray Beach generally (not to exceed space limitations). Milagro Center intends to operate Monday through Friday from 90:OOam until 6:OOpm and during the summer, from 8:OOam anti! 5:OOpm. Milagro staffs 5 full time employees and one part time employee for approximately 50 children K--5th grade. The applicant's refers to the development as one which will utilize an oversized 7,500 square foot clubhouse. This large clubhouse and other recreation components were a requirement of the performance standards which had to be met in order to qualify for the increase density granted to this development. It is noted the developer has already sought and received a reduction in the pool size which also justified increase density in this project. The amenities that were required of this development included a leasing office area, a multiple purpose area, a large warming kitchen and cafe area, restroom facilities, a leasing conference room and a computer room. Planning and Zoning Board Staff Report meeting of 06/20/11 Conditional Use Approval -Village at Delray Milagro Center Child Care Page 3 The initially approved clubhouse area was 7,500 sq. ft including the leasing area office. With the proposed child care facility the club house amenities area for the residents will be drastically reduced. To offset some ofi the impact, the applicant has now proposed a new multiple purpose and cafe area to be located within the area originally approved for the leasing office, work room, and leasing conference roam. While this is more advantageous than eliminating those elements entirely the multipurpose and cafe area are still being drastically reduced from 2,517 sq. ft. to 529 sq. fit. (79% reduction in size). In addition, the newly proposed multipurpose areas will operate in an area that is not easily accessible for the residents which will require access through the reception, vestibule, leasing conference room before they actually reach the new multiple purpose area. Given these factors, utilization by those for which the amenity is intended may be limited and potentially justifies future conversion back to the original design in#ent {leasing office, leasing conference room, etc). The originally easily accessed multiple purpose area and the large warming kitchen and cafe area are proposed to be occupied by the day care. The child care facility will also occupy the outdoor play area adjacent to the pool thereby restricting any utilization to the original customers (the residents of this community). The outdoor play area (along with the pool) was initially approved as part of the amenities for the clubhouse. Each of these amenities were provided as part of the recreational component of this development to justify an increased in density as pursuant to LDR Section 4.4.6{I), Performance Standards and Section 4.4.6(H){3), Recreational Amenities. Further modifications reducing required amenities include reductions in men's and women's restrooms (initially approve by SPRAB for the Club House) allowing construction of additions( facilities for exclusive use of the day care center. These include eliminating the number of toilet seats, sinks, and ADA accessible toilet seat area in the men's restroom in order to accommodate the boys and girls day care restrooms facilities to operate. This will further negatively impact the amenities of the residents. The argument put forth by the applicant that no amenities are being taken away from residents and assigned to the Milagro Center does not appear to be valid. While potential sharing of the facilities was mentioned during site plan approval no specifics were provided or discussed, nor was it envisioned to be as significant as the current proposal. For these reasons no drop-off area required by the LDRs for the child care center or exclusive out-door play area was ever requested. These required elements are now accommodated by reducing existing residential amenities of this development. Further, while arguments may be made that the proposed child care facility is to serve a neighborhood need, it is Hated that there are already three facilities in the vicinity of the Village at Delray development that accommodate that need providing children K-5tr' grade child care program and services. These are the Boys and Girls Club -Head Start, Youth Land Academy {located #a the north of the proposed Milagro Center), and the Catherine Strong Park Day Care. CONDITIONAL USE ANALYSIS .REQUIRED FINDINGS: (Chapter: Pursuant to Section 3.'l.'I (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 Planning and Zoning Board Staff Report meeting of 06/20/19 Conditional Use Approval -Village at Delray Milagro Center Child Care Page 4 minutes.. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zone distric# and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map designation of MD (Medium Density 5-12 dulac) and is zoned RM (Multiple Family Residential -Medium Density}. The RM zoning dis#rict is consistent with the MD Future Land Use Map designation. Pursuant to LDR Section 4.4.6(D}{1), within the RM zoning district, child care facilities are allowed as a Conditional Use. Based upon the above, positive findings can be made with respect to consistency with the Future Land Use Map. CONCURRENCY: Facilities which are provided by, or through, the City shat[ 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. In the preparation of the Delray Beach Comprehensive Plan, the land use designations throughout the entire planning and service area were considered in the overall land use pattern, assessment of level of service, the provision of services, and meeting remaining land use needs. The applicant has submitted a traffic statement to the Palm Beach County Traffic Division. It is noted that the proposed child care facility will generate a total 1,456 ADT (Average Daily Trips} which will include 115 A.M. peak hour trips and 137 P.M. peak hour trips. A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic concurrency standards of Palm Beach County is required, and thus, it is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) far 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. COMPREHENSIVE PLAN POLICIES: A review of the goals, objectives and policies of the City's adopted Comprehensive Plan was conducted and no applicable objectives or policies were found. SECTION 2.4.5(E) REQUIRED_FINDtNGS: {Conditional Use) Pursuant to Section 2.4.5(E){5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not; A. Flave a significan#ly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The subject property is bounded by the RM zoning district to the north with the Auburn Trace residential development; Open Space Recreational (OSR} with the Delray Beach Memorial Planning and Zoning Board Staff Report meeting of 06/20/11 Conditional Use Approval -Village at Delray Milagro Center Child Care Page 5 Gardens to the east; RM (Multiple Family Residential) to the south with the future site of Village Square residential Development; and LI (light ]ndustrial) to the west. Compatibility with the adjacent property is not a concern. The Youth Land Academy daycare is located to the north of the subject property and has coexisted for several years as a child care facility with the adjacent residences. There is no reason to believe that the proposed Milagro Center child care facility will not coexist with the surrounding neighborhood. The proposed use will Hat have an adverse impact on the surrounding area other than diminishing recreational amenities, nor will it hinder development or redevelopment of nearby properties. The out-door play area now proposed for the child care facility was initially approved as part of the amenities for the residential community. It is important to Hate, that these outside amenities and the internal ones within the clubhouse were provided as part of the recreational component of this development to ~ustif an increased in densit as required pursuant to LDR Section 4.4.6([), Performance Standards and Section 4.4.6(H){3}, Recreational Amenities. Diminishing these required recreational components for Village at Delray residents is anticipated to have a negative effect. However, this negative effect is not envisioned to be to a degree that stability of the neighborhood will be compromised thereby affecting LDR Section 2.4.5{E). COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: As noted previously the amenities that were initially approved by SPRAB as a result of an applicable Performance Standard (LDR Section 4.4.6(1) and Section 4.4.6(H)(3)), for an increase in density are being taken away from the residents and assigned to the Milagro Center. Therefore, this action would diminish the projects ability to be compliant with these LDR sections. In conjunction with the Conditional Use request a sketch plan was submitted, which has been reviewed by staff. based upon staff's review of the sketch playa and site inspections, the following additional technical comments relating #o LDR compliance have been identified. Parking Pursuant to LDR Section 4.6.9(C}{7)(h), child care facilities must provide 1 parking space per 300 sq.ft. of total floor area. Further, parking is to be designed to enable vehicles to enter and exit a site in a forward manner. The 4,114 sq. ft. facility requires 14 parking spaces and a total twenty one parking spaces are being provided. The applicant has depicted an the site plan the parking spaces that are going to be used far the child care center and those that will be used by the club house. I# is noted that the number of parking spaces originally approved for the clubhouse has Haw been reduced from 21 spaces to only 6 parking spaces to serve a community of 192 residential units (a reduction of 71 % in parking spaces for the clubhouse). While the LDR's do not specifically identify a minimum clubhouse requirement this reduction is significant and is likely to have a negative impact on the residents of the Village at Delray. Solid Waste Disposal The location far solid waste disposal and recycling facilities has been indicated on the site plan and landscape plan. Thus, this LDR requirement has been met. Planning and honing Board Staff Report meeting of 06/20/11 Conditional Use Approval -Village at Defray Milagro Center Child Care Page 6 LDR 4.3.3[E) -Child Care Facilities Lat Area: Pursuant to LDR Section 4.3.3 (E)(1), the minimum lot area required for child care facilities is 7,500 square feet. The proposed child care facility is associated the with Village at Delray residential development which is located on an 11.03 acres site, thus this requirement has been met. Floor Area: Pursuant to LDR Section 4.3.3 {E){2), child care facilities shall contain a minimum floor area of 35 sq. ft. per child, exclusive of space devoted to bathrooms, halls, kitchen, offices and storage. It appears that of the 4,114 sq. ft. total child care structure a total of 1,938 sq. ft. would be usable floor area thus, allowing a maximum capacity of 55 children (1,938135 = 55.37). The applicant has requested a capacity of 50 children, and thus, this LDR requirement has been met Outdoor Area: Pursuant #o LDR Section 4.3.3 {E)(3), there shall be a minimum of 75 sq. ft. of outdoor play area per child. The play area shall be located on the same lot as the principal use and shall not be located in the front yard setback or adjacent to any outdoor storage area. A 6' high fence or wall shall surround the play area. The site plan measures 3,282 sq. ft. outdoor play area which was approved for the community as a whole. Even if this was now reserved exclusively for the child care use, which would be contrary to the performance standards of LDR Section 4.4.6{I) used to approved the increased density for the residential development, the proposed outdoor area would only accommodated a total of 43 students (3,282175 = 43.76). Thus, the outdoor play area provided does not meet the LDR requirement to accommodate the 50 children capacity requested and depicted in the plans submitted. Loading Area: Pursuant to LDR Section 4.3.3 (E)(4), a pick-up and drop-off area for children shall be provided in a convenient area adjacent to the building and shall provide clear ingress and egress to the building. Pursuant to LDR Section 4.6.9(D){3)(c}, provisions must be made far stacking and transition of incoming traffic from a public street, such that traffic may not backup into the public street system. Provisions must be made to provide for 100' of clear stacking from the first point of transaction of the daycare drop-off line. The suggested drop-off area will be located in-front of the parking area far visitors to the Clubhouse, and thus, will interfere with the normal flow of traffic to drop the children at the day care. Relocation of the drop-off line so that it does not interfere with the parking area is required or relief must be requested and granted in order to comply with LDR Section 4.3.3(E)(4}. oTMER: It is noted that the proposed project was undertaken with financing from the Florida Housing Finance Corporation (FHFG}, and thus, a Credit Underwri#ing Report issued and approved by the FHFC was required. The Credit Underwriting Report provides a specific approved listing of the amenities that are #o be provided to the RESIDENTS ONLY within the club house andlor the Village at Delray Development. Further these amenities are outlined in a Land Use Restrictive Agreement which was recorded as a deed restriction against the Village At Delray Planning and Zoning Board Staff Report meeting of 06/20/11 Conditional Use Approval --Village at Delray Milagro Center Child Care Page 7 Development. A condition of approval is attached that the applicant provides a copy both the Land Use Restrictive Agreement and the Credit Underwriting Report issued and approved by the FHFC listing those specific amenities within the clubhouse andlor the Village at Delray development that were required to be for the RESIDENTS ONLY. if any of the amenities required by the Credit Underwriting Report or contained in the Land Use Restriction Agreement are included in this request then a letter acknowledging this will be required from the FHFC R'EVIE"VV BY OTHERS The development proposal is not located within a geographical area requiring review by the Downtown Development Authority (DDA). Communit Redevelo ment A enc A# its meeting of May 27, 2011, the CRA reviewed and recommended denial of the request citing concerns regarding loss of recreational amenities for the residents and issues with non- compliance with LDR requirements. Public Notice: 1=ormal public notice has been provided to property owners within a 500 foot radius of the subject property. Letters of objec#ion, if any, will be presented at the Planning and Zoning Board meeting. Courtesv No#iice: Courtesy notices have been provided to the following homeowner's associations, which have requested notice of developments in their areas: • Delray Citizens Coalition • Neighborhood Advisory Council • Carver Park • Carver Memorial Park Letters of abjection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AN© CONCLUSION The residential amenities initially approved by SPRAB within the clubhouse, such as the multiple purpose area and large kitchen and cafe area will not be available to those for which they were intended as they will be now occupied by the Milagro Center. Further, recreational amenities including play areas around the pool and support pool facilities like restrooms will no longer be available or will be diminished. All of these enhanced recreational components were provided to justify the increase in density to 18 units per acres. The applicant has attempted to mitigate the losses in internal recreational components but at a much reduced level. [Clubhouse amenities originally approved at 2,517 sq. ft. now reduced to 529 sq. ft. (79% reduction in size)]. Planning and Zoning Board Staff Report meeting of 06/20/19 Conditional Use Approval -Village at Deiray Milagro Center Child Care Page 8 In addition, the newly relocated diminished multipurpose area will operate in an area with difficult access and functionality as the residents will have to go through the reception, vestibule, leasing conference room before they actually reach the new multiple purpose area. Other LDR compliance issues have been raised including inadequate drop-off area, inadequacy of clubhouse parking, and inadequacy of outdoor play area to support 50 children. As this proposal will negatively impact the clubhouse amenities and adjacent outside play areas initially included and approved as part of the recreational component of this development to iustify an increased in density, positive findings cannot be made with respect to Chapter 3 of the Land Development Regulations more particularly and LDR Section 4.4.6(1}, Performance Standards and LDR Section 4.4.6(H}{3) Recreational Amenities. Additional required LDR components of the child care use are not provided including required drop off area and adequate outside play area. ALTERNATIVE ACTfON'S A. Postpone with direction. B. Move a recommendation of approval to the City Commission for the Conditional Use request to locate and establish a child care facility The Milagro Center, within the Village a# Delray Club House by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(E)(5) (Compatibility) and Chapter 3.1.1, Compliance with the Land Development Regulations, LDR Section 4.4.6(1), Performance Standards, LDR Section 4.4.6(H)(3} Recreational Amenities, LDR Section 4.3.3(E)(4} Loading Area, and LDR Section 4.3.3(E)(3} Outdoor Play Area. C. Move a recommendation of denial to the Conditional Use request to locate and establish a child care facility The Milagro Center within the Village at Delray Club House, 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 Chapter 3.1.1, Compliance with the Land Development Regulations, LDR Section 4.4.6(1), Performance Standards, LDR Section 4.4.6(H)(3) Recreational Amenities, LDR Section 4.3.3(E)(4) Loading Area, and LDR Section 4.3.3(E)(3) Outdoor Play Area. RECOMMENDED ACTION Move a recommendation of denial to the Conditional Use request to locate and establish a child care facility The Milagro Center within the Village at Delray Club House, by adopting the findings of fact and law container! in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Chapter 3.1.1, Compliance with the Land Development Regulations, LDR Section 4.4.6(1), Performance Standards, LDR Section 4.4.6(H)(3} Recreational Amenities, LDR Section 4.3.3(E)(4) Loading Area, and LDR Section 4.3.3{E}(3) Outdoor Play Area. In the event that the Planning and Zoning Board decides to recommend approval to the City Commission of the Conditional Use request to locate and establish a child care facility The Milagro Center within the Village at Delray Club House, staff recommends that it should be done subject to the following conditions: Planning and Zoning Board Staff Report meeting of 06/20/11 Conditional Use Approval -Village at ©elray Milagro Center Child Care Page 9 1. Relocation of the loading area sa that it does not interfere with the parking area is required in order to comply with LDR Section 4.3.3{E)(4}; 2. A letter from the Palm Beach County Traffic Division indicating that the project meets the traffic concurrency standards of Palm Beach County is prodded; 3. That the proposed outdoor play area be increased or the maximum capacity be reduced to a total of 43 students; 4. That the applicant provides a copy of the Credit Underwritinc~Report issued and approved by the FHFC listing those specific amenities within the clubhouse andlor the Village at Delray development that were required to be far the RESIDENTS ONLY. 5. That the applicant provides a copy of the Land Use Restriction Agreement between the Florida Housing Finance Corporation and Auburn Corporation which was recorded as a deed restriction against the Village at Delray Development outlining what amenities are required for the use of RESIDENTS ONLY; and 6. That If any of the amenities required by the Credit Underwritincl Report ar canditianed in the Land Use Restriction A reement are included in this request then a letter acknowledging this will be required from the FHFC Attachments: Location Map Site Plan Report Prepared By: Estelio Breto, Senior Planner mr.~ ao ~ce au as maw+ ~~~ r ~ amaxn erxlrmflao+aox d> >a~ssi xeunn aas,m .~uGa vaW>'.mm wr w a~nr.~arm ~nv~ no am ucuvo~u'n~uae,cvxTan ,Yj s onzacEns'anxanv~l.rrlveyu ac~c a n~ ~nnxnaun ae nrt wc~:a no ~ ~ ~ ~ ~ ~ wru cvas ~ svw av nvnr~ cmca mr a9<rm~no- c+; ~ xe ~w:emu y ~ rr mw wsa 0 ~, ~ ti ~ a ~~F~ anoxouaaenv ~ _ ~ O ~ ~Y a ~' °le ~~ ~ e c §~a5 `~ ~ VUlLO'Esl '11~V:1t1 .[YN7Hn r ' ' " s ® ~o- _- ~ ~ ~~~ ~~ 9~ I~Q .Ld ~ Jd I Ad2I IIA ~ ~ ~ ~ ~ ~ ~ ~ u, a ~ o I g30 o ~~ g ~ ~ ® ~ ~ a ;a 5 ~ ~ ~ R~ ~° ~ ~ ' u ~ ~~ Cam? i ~~ S ~ $ ~~ ~ ~ ® ~ =~ g~ ~ ~ ~ ~ e E ~ ~~ I I ? 3 A aa y a a, ~ ~ ~j 3 = ~V 3 - ~ °§ die ~E H~ i ~ a8 ~° ~ 0 o ~ 3 00 1 1 ^LJ~^ ~ a ~ ~ C ~ 2 ~~ . k w ~e z ee ee 3 >" ~ 44 ~ wo ,_. ~ , E~ Fa °e so ~~ ~~^ ~ ~ a p g , . , w W __ ^~~^ ~ ma~.ma .. .. . ? k°~.. ~aa al § aa n wl~~ ~ ca _ irl ~ 's L I! 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'~h ui r ,~ ~I F-I~ ~, ~ (~ iZ, x t ~ 1 h !~„^ LiJ O a n I ~~ f (~I WI U i~: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF JULY 5, 2011 WAIVER REQUESTS/ BURGERFI RESTAURANT ITEM BEFORE COMMISSION Consideration of waiver requests from LDR Section 4.6.7(7)(3) to allow a sign to be placed above the roofline and LDR Section 4.6.7(E)(7) to allow a sign to be placed on an elevation that does not face a dedicated street frontage for BurgerFi Restaurant located at 6 South Ocean Blvd. BACKGROUND At the regular meeting on June 22, 2011, the Site Plan Review and Appearance Board reviewed the waiver request for the BurgerFi Restaurant located 6 South Ocean Boulevard to allow 3 signs, including 2 flat wall signs (east and north elevations) and a projecting sign (east elevation). The flat wall sign located along the east elevation meets sign code requirements and the Board did not have any issues with this sign. The flat wall sign proposed on the north elevation and the projecting sign require a waiver from the sign code ordinance and are discussed further below. The projecting sign on the east elevation is proposed on a small wall parapetabove the roofline. Pursuant to LDR Section 4.6.7 (J)(3) Prohibited Signs include Roof Signs, which are defined as a sign erected on the roof, or above the roofline or on the parapet. Staff believes that the projecting sign can easily meet the code by lowering the sign on the wall and still have the same visual affect. While the applicant has made an argument that the waiver will not adversely affect the neighboring area, staff disagrees. The illumination of the sign above the roof could be a nuisance for the New Monmouth Condominium owners that have windows facing the sign and even considered as "garish" with its illumination. At the SPRAB meeting, the applicant presented several other projecting signs in the City that he feels are similar -- Johnnie Brown's and the News Stand. However, Johnnie Brown's signs are located on an awning structure, and the News Stand projecting sign is located under the roofline, on the side of the wall of a flat roof building. SPRAB felt that the small size of the projecting sign (5.6 SF) was tastefully designed and would not be impacting so as to adversely affect the neighboring area. SPRAB made a recommendation to approve the projecting sign with the condition that the sign be lowered so the top of the sign would align with the mesh fence on top of the roof. The applicant has revised the location of the projecting sign pursuant to SPRAB's direction, however, it is still located above the roofline and requires a waiver to the code. LDR Section 4.6.7(H)(7) Si,~n Matrix states that a flat wall sign is allowed one per business facing each dedicated street frontage. The flat wall sign to be placed on the north elevation faces City property - Sarah Gleason Park, which is located on the corner lot that faces the dedicated street frontage of East Atlantic Avenue and A-1-A .The applicant has argued that the north elevation sign "faces" Atlantic Avenue and definition of "frontage" does not include a numerical distance calculation and feels "the intent of this provision is to identify a business for residents and patrons from the street". Staff would argue quite the contrary. People approaching from the north will immediately recognize the existence of outside dining and their eyes are trained at the driver level rather than signs located higher on the building. Further, the Land Development Regulations definition for frontage is a lot boundary adjoining a street. There is only the east side of the lot that fits with this definition. BurgerFi sits on an interior lot with only one applicable street front. Just because a building can be seen from a street, it is a stretch to argue that it, therefore, constitutes street frontage because of a visual line of sight. SPRAB, after a lengthy discussion, in general, concluded that the sign would not adversely affect the surrounding area, but they did note a concern that if the building was located at a zero setback, the 13" deep sign would encroach onto the adjacent City property. The applicant has verbally noted that the building has a setback of 8" and the sign was redesigned with a T' depth to eliminate any encroachment issues. A copy of the staff report and building elevations identifying the signs and locations is attached for reference. Section 2.4.7(B) of the Land Development Regulations allows the City Commission to grant waivers to this Section of the code governing signs after making findings that the granting of the waiver: -Shall not adversely affect the neighboring area; -Shall not significantly diminish the provision of public facilities; -Shall not create an unsafe situation; and -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. REVIEW BY OTHERS On June 22, 2011, the Site Plan Review and Appearance Board reviewed the waiver request to the sign code for BurgerFi and provided the following recommendations to the City Commission: Approval of the waiver from LDR Section 4.6.7(7)(3) to allow the projecting sign to be installed above the roof line with the condition that the sign be lowered so the top of the sign would align with the mesh fence on top of the roof on a 6-0 vote; Approval of the waiver to LDR Section 4.6.7(E)(7) to allow a sign to be placed on the north elevation that does not face a dedicated street frontage on a 4-2 vote (Scott Porter and Rustem Kupi dissenting) Staff has received a number of emails in opposition of the waivers (copies attached). RECOMMENDATION Deny the waiver request for the projecting sign based on a failure to make positive findings pursuant to LDR Section 4.6.7(7)(3) Roof Signs as the sign is located above the roofline and based on a failure to make positive findings to LDR Section 2.4.7(B)(5) Waiver Findings. 2. Deny the waiver request for the north elevation flat wall sign based on a failure to make a positive finding with respect to LDR Section 4.6.7(E)(7) Design Standards Matrix; as the proposed sign does not face a dedicated street frontage, and based on a failure to make positive findings to LDR Section 2.4.7 (B)(5) Waiver Findings. 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 BURGERFI RESTAURANT 1. These waiver requests came before the City Commission on July 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 BurgerFi Restaurant. All of the evidence is part of the record in this case. 3. Waivers: Pursuant to LDR Section 2.4.7(8)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. 4. Signs: (a) Flat Wall Sign. Pursuant to LDR Section 4.6.7(E)(7), a flat wall sign is allowed one per business facing each dedicated street frontage. Should the waiver be granted to allow the flat wall sign? Yes No (b) Proiecting Roof Sign. Pursuant to LDR Section 4.6.7(J)(3), a sign erected on the roof or above the roofline or on the parapet is not allowed. Should the waiver be granted to allow the projecting roof sign? 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 5t" day of July, 2011, by a vote of in favor and opposed. Nelson S. McDuffie, Mayor ATTEST: Chevelle Nubin City Clerk 2 ~ ,`s ~ r, .I ^ ~ hl m J D ~~ ~ A ~ -~6E---...._ W,~GI r.~ !r' r~ ~_, ~:.~ •_ f-~ N -1 ~f ,-- ;;: =_ A ~~ ~ ~ ~~ 1 ~, ~aS" U V 3 N W r ~ ~~ y ®U ~!-a3 S. '~ [# ~..~ IY Ply ~ ~ Q~W m"L L7N 7''~'F qJ~ Q]Yk ~~~}' ~~ GAO ice- Q~~ ~~ _~', We~wcWi a ~ ~o w ~~,~~~- W~~o~ -'~ eo ve as l-=Z~WZF~J W U YE W W W~~ Q~ S Z~ ~~a~~~~~¢'~d~o~ ~., cD~~.~~w~~.a=gyp WF-c}ahP3U rv?~O~xf ,.l J~ ~v~,a~i~~~r~~~a CrJ 4 ~_ a® ~~~ ~ ~~ :~ ~~° ~~~ ~ ~~~ cv z ~e~s zw> ue ~';~rr 7 w o ~ ~w~~c4a H ~ ~ ~ ~ N 6 ~o zm~~a~c~'i. c"-5 ~`~~ u5~ ~ W n. j~ydF p~0 Q CJ u?~ ~-iJ7S ~0. ~ti~ m~mvWi~~s~~a4 1 ~. ~, m _ p '~ ~' m w 4 .. 4 J a .-c x j ~n ~ ~ ~ _ ~, A , '~u~+~j~~t L~a~c~rJ: c~~~fih~ cm I~ulvr° c~emt. J'~fry Lmm, I~r~., '~Ji'mr I~.ymm Lev ~~~f~~ ~' ~"I ~~ iit~ kaf~ar ~d~~ ~~~ i ~°cc~r~mrr~mdfi~am t~ 1:1~ pity ~~rm~rriss~ir~m rarin +iv~' r°q~rs~ a L~! ~~i~m .~~J)(} k~ il~ a im t~ b pl~~ ~ca~ the re~c~ff lime; m~ ~ ivr to LCD ~~r~m .7(~~7) ~ 19~: ~ um ~~ I~~ pld ~m ~m 9v~im ~~ d~~ mgt ~~: d'dicfic~' ~r~ ~r~m~. ~~~ NIEET[Il'~GG T?AT"F: June 72, ~~1~ L~~f~l'~T11~ I ~ . ~~ar~mnc~ rtnii raf the rauriwr r~qu~st fray t6~~ prc~~ctir~, irM b~~d c~r~ fiPur try ~I~ ~acaitiv~ firrrlir~ ur'urtt try LIAR ~~tica~ ~-..7(aN}('~) R~af i~~. F~e~rrrrVrrir~ vial a~f tY~ flit ~irll ire oru the nartl~ Ic~vtir~n ta~~d erg ~a f~ilur~ tca r~k praitiv firr~in r~rtl7 r~~pt tca LIB cti~rr 4..7(~~(7~, ~bign trad~r~ ~~trix the rr~p~s~d ins ~ nit f~e d~di~t~ trt frcant~. I~~r~rr ~'~nil laar~ filur~ tra pcaitiv fir~in~s t'ra bran ,4.7(I3)(} ~f tfr~ L'[~I~°~'t~u'~ivr Findir°r. Icacnrr~r~d ~pr~~~l of the 'ivr rut b ~n raitive fir~i~ ~urut tra LI~~ tin °4.x.7{~)~~ end fc~r the flit v~r~ll sign Iran tl~ nrarth kvtirar~ bid can ~acaiti~r firnr~iir~ vvitfr rr~pc~t tca LC-1~ ~tirrn ~.,7(~(7~, C7~in tandrd I1dl~trix with r~carb ~tt~~i. R fV a~~~"I~N I~~ramrr7~nd dr~il ~f t6~~ ivr rout fray the prcaj~tira in lari ran filur tca mlc~ ~~~itiv fir~dins~ urunt tca La e~tir~r~ 4..7(J)(3) F~cacaf rr~. r~rnre~nd denial caf tfu flit ~vll i~ n the ~~rt~ lv~,ticarr bs~ed ran failure taa rn~lc~ e'iti~re finding vvit~r re~eet to LI~I eetiern 4..7()(7), Fein t~r~d~rrt V`~'tr'ix tyre prrap+~ed air~n dc~e r~~t face dedi~~ted street frer~tae. erarr~rnend denial bred ~ failure to make caitive findings to eetican .7(L~}() ~f t6~e L~I~' ''+ivr ~indins. ~~~~~~ np~r~: June z z, 2t~~ R~ W ~ i 1 `U L'1 ~ ~ f,„. 'I + C!'i tL' i mrrr ':wt, f ~'.i ..: ~., ., ~fl yIl ~i,;:.. ,'I t+s ' r 9' a'~a W III ~~-,..~V a §p ~,. v~ ~~: :~iu a e ~d ~~_~~ ~~ ~3 ~ ~ r li ®~ ° ~ ~ - a ~ 3 ~' - ~ ~ ~ ~ m c( i, ~~ R ~~ ~ .-~mci~ ~~q h ~.'J/%%~ V~. Y III UUU 8~ .., ~, `m a s ~ a . . ~~ ~~ ~~, f ,- , ~~ ~~ h , ~~ „i ,, ` ~,~, ri r,,~. oi ,. , v../ - r ~ _ ~ .. ~ , ~P o ,,. ~~ ,~ ,,. ~„ .. ~ ~i/~ ~ ~~ ~-, ~,~, r.. ,..,:,~., _.. .. lrt 1 ~~ ' if O~ iN , ~t" f ~ / _ i////f~ F :. lJ/L%///~i =~ 7 . i, i~ It~ 1 'r! ~ ~ .1 F r ~ v ~; ~~ F. u.' ~ ,~~,, F r ' a. z i eo / / ~. /% ~. / ,; / , t .adD J r, 1 ! f 1 ~ 7 Ili n ! ~ r , i ~ ~„ ~ ~ ;~ , ~ a ~ Ml, ~' ~i ,, %oUmo„- ~ ., ~ ~~ r,. ~ ~,. r r ~ ,. `f J ~~,~ ~-~ • ,~ : ~_. ~ .. ~ }7' ~ . i _ '~r,'~ ~` ,,,.;,, ,} ~ ,, , ~ ~(' ~ ~," i 44/ ~ ~~ lfi% ,r I ~i ~J Y~r~ f ~ i ~ I ~ "I . . . ;Y,~~.. i,,,.y ~~: .,. ~~ ~ r ,` i ~' .. ~I, ~ I~ Y ~: 1 ~ ~; a ~ ,+. ..~ t ..... ,,,, .. ~ , ~ , ~ , i ,,,,,.. I ii' r ~ 'ir r ., ~. ,e7~ ~` ;;`i 1% ~ ~ ~' a m, ~ i r~ Jl • i' .F ,,~ oi~~ ~ ":;,i1 ~ mir; iii, ~ ~ 'i f ~i ~ an+ ` 16 ~~ r %/~~ ' ~ . /. - ~/~ ' ' ~ l r ~ ~ / / ~ IG. ~~ 1 i c y i 1 W14 I i~.~ ' ;; ~ k ~ 1 ~` ~ 7 ~ ~ i lA.'~~ ' 1, ~ ~ ~ f ,~ I V y Fl { ' ~ ,. ~ / ,,,,. ,.. r % ~~ ~ „ ,.. 4' Yr l~ ~ , '~,-. ' ; I Z ~ j . i . / / ~. ., a r.. • w7 ,.H ~ ' ~ ~(` ~ ~,. , ~ ~ 7 i i ~r ; ~ ' ~ i y~ ~y ~ 1 r~ 1~~ t ~A `.J i . ila y i ,. N ~ ~ P ~ rI i ~~ ~ ' 1 r ~.. t / I ' A, 1~f ~~ ' 1 , , /.; iii%~: , ~~ . r~ 1 : G / ~ ' i/; . ~ l ~~3~46 l ~28{~~ 14~- ~ p~e~~iau~.ed Lry~ ~~E7a~n~ ~. ~,~A°~p~a~y ~4r~~G°a~se~° ~ ~~ry ~ I~Tvlcolfis, !~F"~, ~~1p:Jl~~aa~,c;~.~~lr~~-~a;~~1~.~l,us/~~n~ai~/p~i~:~~~~/~S~p~I.~y~rr.~~.a~ 6l~"~/~~11. ~ .~ ~~~ .1 .: ~~, - ~rr~av~~ ~ Marineala [rnailta:~~epsilk~elisa~a~h.ne~] ~ra~'~Jednesclay, June. ~~~ C111 ~.CMSS AM ~"~ Shane ,des a rcleca~e cz aal.ecrr~ u~bat~ ~vv: Fvvd~ I~urgerFi i r~r-fl rvvrd ~hn V~rn 1'~ri,r~,~la r _~w__ F~arvuar~lecl Message -®__, r~ a "mareiCa~ec~rr~ca~~.ne~" <mar~nciCccarv~oeast,net~ ~~ 'U"Jed, J'~.ine 1~ ~Ol~. ~Q~d1~:55 AM 'tsj~» (=vide [~urgerFi Fraa~, Please ira~l~ade ~h~ ~'~ll~in r~rit~i aa~y earnais, c~c ~`am~n'~ ~bS~!I~C' berY~ s~~t ~e ~h~e ~arep~~° ~artis. ~ ill aa~ b~ aal ~~ ~~~aad ~~a ~aa~s~ a°~ >ih~ a°~aa~s~ a~a" ,s~aa ~"a°~ ~~ i~~ .~s~aa~a~:t, ~+r~~a~~ ~ ~p~~~c~ t~ any s~aa~ ~-aa tae a°t stid~ ~` ~kaeia° k~aaelc~iaa ~ ~aaa~ saa~~~ ~a~~~ ~la~ a°~f 1>ial l"~" ~a~aa°~~) ~~ a°~gaxiwa°~ ~~" ~a ~~~n~ ~aa ~f"~ :~a~ax ~s~ a~a~ tae ]F~~h ~ ,~,:~_;q ~a"i~ 11!I~~aa~a°aay ~~~ ~aa ~-1"e ~aa c~aat~ a~eaal.~ ~aaiaaa~an ~. ~~'1,1~v +~FFIC~S ~ ~ ~~ ~~31c1-zAEET. ~. 'VVETI~3~R ,~Lr?FI~"A~ . I~Y~"1V z"~.~7F'~S~"ICDP~.t1L (I~TP~T'tC~l`~ yy~ ~T ~,a~;~AFg,'~Y1 R'~.t~.'~~'Ff~'+eFf.~ p ry q ~ TFLL~f':t~C)d^!E (561.) 265 - ~~6~ F~csim!r~,~ (5~ it 27~ - 6~3 t ;~z.YT+d1~i~ ~7(~~+IT;1.~ w. Ca~V1 www. Lcti u~ 1:z.Aw. C C7 CuG I ~141rtII, f1. rN'HaMI'Sa~T~T, ~~.t"~.. ~r ~ca~!z~rs~~ June , ~,Q11 Ms. ,lanet Meeks i;u~n Tnspectaz• City of Delray ~ea,ch lOtl 1"q.. lst Avenue Delray Beach,., Florida 34~~~ 1~~, ~iv~r e~~~sf f~r~ ~~e~F1-- ~~l~a~e~~~ int. ~~° '~~ l~la.a T~I>d l~~ear Tenet: ~" I e have been advised by you drat you leave rejected our clietz.t's si~z~ application to the e~t:ent. you believe the l~rajectin~ sign on the eastez°n elevati.aru of tl~ze propez°ty violai:es I,I~R '~ectian .6.'~~T)(3j as being a prohibited `~raaf sirz". ~'ar t11e raasazrs sat Earth herein, eve are submittirz this request faz° a waivez° frazrz ~~F~ section 4.6.?(T~~7), which secto~ri requires a si~zl not be above the roof line ar an tl~e parapet.. e are regziestin a waiver af`tbis reui:reraiezrt to allow a projecting sign to be iz~.stalled at the paz°apet far the reasarzs justified lzez:cizr. Ta suppaz°9: a waiver, LI~I~. ~ectiaru. 2.4.70)(5) requires that the City ruaal~e a fwirzdin,g that granting the waiver: (~,.) 1°zall rzat adversely affect the neighboring area (~~ shall not significantly dirrziz~ish the p:ravi.siaz~ of plzlalic facilities; (C~ Shall not create an unsafe situation, and, (]~!} IDoes z~at resault iza the grant of a special privilege in that the sazTUe waiver woul~el be granted under sizxzilar cireuzzz~sta:nces an other property far anatluer applicant or owner. Far the reasons set faith below,this application. z~~eets ar exceeds the zegriirenaez:zts of I~l~k Section. 2.4.'T~~)~5~ and therefore, we respectfully request the waiver be granted. Ao ~rat~r°ov ~f 9:b w~avcr will a~mversl~ ~'~ct ~ reel her°in_~x°~~~. Approval of the requested waiver will. not adversely affect the zzeighbar°irzg area. The City"s beachfrant is one of` the prin~,ary tourist at:tractians far the area, encl. tlzc food crud beverage ind~.zstry are an inextricably intez°twined aspect of that ecanazmy. The overwhelzxzing zrzajarity of visitors. to the, beach patronize the local businesses as pedestrians - arz foot -rather than by car, 0:1~[AII7~J221'i~r°aiver Regia~st Car R©~ati~Sign.June 3 2f-1l.tit~cx Ivls. Jaatek P~eel~s Juute 3, 2011 1?ag~ 2 after landil~lg parking witl~lan the varia~ls bcachft•ant parl~ing lets. Residents, visitars, and ta>~arists appra~,ching ~i°arn the 1~a1~th seel~.ing feed and. beverage will net readily identify a~lr client's est~iblishrnent d1.~e to the e~-trerrle setbacl~ frazrl E. 1~.tlantic venlae dale to the oversized plblic right-ofywayJsid~;wall~ to the Werth of the, property and the landscaping whicl~l exists thereon, Tl~erefare, the client, i1~ tanelerrl with his rnal:lceting consultants, 1~1avc cleterl-ninecl that the projecting sign is re~uird to be at a spec fflc 1~egl~t :ail order to be an effective means of carnlnun.ications in the: City.. ~,s designed, this siglx does net utlderlnne the intent to rrLaintarn and enhance the aesthetic envaronn~ent and certainly slrppa~-ts the City's ability to attract sources af" economic develaprncl~t. and grawtll. It does net adversely affect pedestrian and t1°afric safety ar signs an nearby public and private property. °Ta the extent the client's busil~less is develaping its b~°and identity in auth F'larida at atlxer locations with the sarr~e projecting sign, the lase of the sign at the desired height w11 faster the integration of signage with architectural and landscape designs and does net atl~lcrwise underline the fair and consistent enforcerrgent of the City's sign regulations. In addition, the sigl°1 does not. create a n~,lisance to tl~e occupancy ar use of other properties as a res~.tlt of the size, hcigllt, bril~tness, or rrlavelnent and are otl~eiwise in hal•~rlany with. buildings, the neighborhood anal ether conforming signs in the area,,. consistent with the i°e~~ii:rel~.enl.s of LL~R ectian ~1.,7~~)~3~. Tho proposed sign is neither garish is consistent with the scale of tlxe building an which it is to be placed and with the 17eighbarllaad and streetscapc open which. it is to be located, and has a professional appeararl.ce tlxat enhances the visual aesthetics of th.c area, consistent with the requirements of T.WTT~>~. ~ectian ~•,6.7~1~}. ~s the reclllestecl sign meets all of these stated purposes, a positive finding far t17is element. must. be fauncl by tlxe City, ~a ~ e°s~val of tl~~ aiver° w~11 net sini#'i~~aratl clirnix~is tea ~c~visian ~f ~aal~lic l`acilitaes~ A.pl~raval of the reucsted waive r will nat. signiflcantYy dirrliz~ish the prevision of public facilities. ~.pp1°ovl of the sign leas na impact 1.~pon public facilities, and t:herefot°c a positive fending must be rnadc as to th%s element. Cm ~>°~val ca tl~~ w~i~!er° will gat ~r~~t~ ~>r~ atns~~°~ sitraatla, ~ppraval of the rec~llcsted waiver will rlot create an urlsaf~ situatiol~. A,ppraval of this sign has na impact upon safety ar visibility, and thcrcCarc a positive 1~nding n~~.1st be laYlade as to this clerncnt. This sign does net deny atlxer persons a1° groups the use of sight lines on public 1•igl~lts- o~ ways da nat.. r~bscure irnpartant pallalic messages, and cia nat. overwhelm readers with tae ~xl.an rnessagcs, and tlzerefare n~cct the regllrernents of LI7l~. ectian ~1..7(A}(1)~, ();1lv1AID0`'11~laa,u~a° Regt~es4 for Roaf sigss.,lun~ 3 2411.c~oox L.u`h VY ~"Y~~l.~~~ 1Y1~1.~11 IkA~eL.,e ~7.. WY'.daAYV ~LM1. ,~Fk"k"FFEY ~. ~YI~!N ~b.\4,)1 .~.ri91~~Y.~Yf'Yp,.V Lyy"11~~.(d~".1J~~"~p.JT' L~AL-&. A A.~L°V S~ l'~.k.:A .lam d%~,1'W 1~~+ ~t~l~ (367) 272-6~~1 JL~t2~?L~ZC>~tF;LAw.~~7M. GV"t+t,GQI"~ 1CLA'~r'. Ct'~P~/r I~A~E dpi. ~I(7P~C7T°~, T~.~. ~r ~()ZJ~+I~lyL .lLlrl,e , ~~ 1 1Vls. Tanet 1`vleelcs flgr~ Inspector City cif 19elray Beach 1 ~~ l5t A"iJenLl.e llclray Leach, Florida 344~~ .~ ~~ ~~ ~; arv~ e~gra~st Fa~° ~-ge~°~fl -~ l~lc~r~i~r°n flev~zfl~r~ ,fly lgr~ Dear ,lanet: e have been advised ley you that you have rejected. our cflient's sig~-~ appflication to tlxe extent you believe. tl~e wa11 sign on the no1-the~-n elevation of the properky violates~l~1~. ection .6,7(Is){7), 1Desig~~a Standards 1~llatrix, hieh requires a wall sign to face a dedicated street frontage. The proposed sign ~~ost clearly insets this requirement as the proposed sign directly faces E:. ~tla~~tic Avenue and is adjacent to the public right-~of way owned, operated ar~d maintained by the City of I~eh~ay Beach 1Jr sidewall~ purposes.. 1`~iotwithstanding, and without. waiving o~.~r right to assert our cor~:apliance, we are su~arraittng this request for ~ waiver frons I~I~1Z. Section ~1.~.7~T")(?~ as it relates to the require~nenls that ~ wall sign to face ~, dedic;ated street Irontage, over ob}ection. To support. ~ °wvaivcr, T..,l~l~ Section 2,A~.7(B)(5) requires that the City rr~a.lce ~. I~xnding that granting the waiver: ~) Sha1fl not adversely affect the neighboring area ~B~ Sha11 not significantly diminish the provision.. of public facilities; (C~ Shall not create an unsafe situation, and, (I~~ Does not res~:dt i.n the grant of a special privilege in that the same waiver would be g~:anted Lander sirrJilar circumstances on other prope~~ty for another applic7nt or owner. For the reasons set forth. below, this application rnects o~° exceeds the rcquireeni:s ~l' Lf ,l:~l~ Section 2.~1.7~8}~a) and th.erefo~°e, we respectfully request the waiver be granted. 0:1N1Ad1~U271;'~"v'aiv~:r Re~uusk Fug° T~-urfkz L-ilev~staran sgn.June 3 2Qi 1.~9tra;x Ms.:I~r,~t Greeks Gura~ ~, ~'a ~ 1 'Pa~e2 . ~avl ~,~ i%e vw~xiv~r will jai v~rsel~ off°~~ ~~ ,~~i1~1~~~°~ ~ ~,, App~°aval of the re~q~a.ested waiver will. net adversely affect. the neighbaring, area. The established purposes of the City's Sign Cade are to encourage the effective use of signs as a means of cc~n~n~~rnicatians i~a tlae City, to rna.i:ntan and enhance the aesthetic envirc~nrxaen't and the City's ability to attract sources of ecanarnic develaprnent and growth; to i.rnprave pedest;ri.an and traffic ,safety, to inirr~ize the passible adverse affect of signs ate neap°by public and private pa°a~erty; to faster the integration of signage with architectural and landscape designs; to strca,rrhli.ne the approval process by req~.~iring master si.gnage plans; and to enable the fair and consistent. enforcement oftl~ese sign regulations, ~s the requested sign, n7eets all of these stated purposes, a positive lading for this elerncnt gust be fa~~nd by the City" 1V[orcaver, the sign does net create a nuisance to the occupancy or use of ether prapez~ties as a result of the si~;e, height,. brightness, ar movement arYd is atlxerwise ir:~ hay°Ir~any with buildings, tl~e neighbarl~aod and other canfiar-ming signs in the area, consistent with. the requz°en~ents of LIAR Section. x.6.7{C~)(3~. "f"he proposed sign is neither garish; is t,ansistent with the wale of th:e building on ~vllich it is to be placed and wit1~ the neigl~barl~ood and streetscape utran which it is to be located; anal. has a professional appearance that e~~ances the visual aesthetics of the aroa, consistent with. the requirements of f,Dl~ Section ~i.6.7~D~. . rovi jai h~ w~i~~r gill ~l si~i`ic~r~ll~ ~ait~is ~~ rovisil~ , ~~~ par~>~ll~c facilities. t~ppraval of the requested waiver will riot significantly dirx~inish tl~e provisiara afpublic facilities. Approval of the sign has na impact upon public facilities, and therefoz:e a positive finding must lee made as to this clement. ~C. r~~a~°a~val ~~` th~~ rva,ver° mill r~c~t er°~ate ;~ ~ar~saf sitaaati~ar~. Approval of the requested waiver will not create an unsafe situation.. Approval of this sign has na impact open safety ar visibilzty, and therefore a positive finding must be made as to this element.. The sign does nat. deny ether persons ar groups the use of sight lines on public riglat:s-of=~vav; does net obsci:ire important public messages; anal does net overwhelrr~ readers with, tea many ri~essagcs, and tl~ierefcire meets the i°equirement of LI~1~. Section 4.6.7(A)(1), ..~ raver ~ the wai~r~~° gild rich r°~s~~lt iri tla ant ~f a s e~;ial . ~°vil~ e ire ~t~at the s~~~ waiver has l~eer~ ~ai~tecl i.~u~l~~° si filar ~ircu~ristees axi nlher y~ro1~~~°ty fear ether a~i~a~ts cir o~r°~ers. Approval of the waiver will not result in flee grant of a special privilege as othei° waivers li~aixi the sign. cede liavc been approved by the City in the past. lvloreover, wall signs facing dedicated public right-ot~way are granted as of right in. all. instances, except this one.. q'he definition. of "frontage"' does not include a numerical distance calculation. if anything, the intent of this provision is to identify a business far residents. and patrons froix~ the street. Denying tl~e wall sign application on these grounds would. have tl~e real economic impact open orir client's ability t~;1~!1lhi~t(D~2t~Javvea ~et~uest ffor~.Ic~rCh ERevatirsn si~n.Jtan~ 3 2a1-.d~acx P~Ds..lanet Meeks. .Deane 3„ 241.1. Page3 to erae9•~te r~earaae fraara pedestrl~n tra.fl"c grad thea°efare irnp~kc~t the lacal eaaraaraay, t~~ base, grad ~bllit~ to hire ernplayees. ~~hea°efare, pasitve ~:a~dlra;~s w~rlth re~~a•d to this elerraerat must l~ae faua~d ~s ~;llo The arty, t.l~a-aul~a ~adaptlan of ~:~I~l~ e~ctian 2.~G, ~(13~, l~n~s canslste~tl~ reea~a~aized tlk~t waivea~s ire ~ ~i~,b1e teal to assist ire the arderly ~ppra~~kl. far sl~~ae ia~ the City. ~s sueh, a.pprava.l of thLS spe~;iflk~ ~raiver rega.~est will. >~.at grant l~urerl~i a spe~.ia.l privilege gat ~lre~dy graiated to ether a"astaurants. ~'hus,e respeat:fully request that. a pasitive firgdiaag be a~a~de lth r°espect to ,I7~R ectaa~a 2.4.7(B)~(5)> `w'aiver Findla~u,gs, based opera the jaastil~eataras set forth herein aid the this u+alver be appraved. ~~~ 4~:\MFt~L70z~1'v~Jaiver ffir;c~rzesk fr~r B`,ic~rklt Flewatio¢1 Sign. krone 3 2~a1 d.dt~cx ... ,. ~r~~r~~ ~ Marineala [rnailtu:~epsii~k~elisau~h.ne~] ~r~~'~Jednesclay, June. ~~~ ,C11'1 :i.CN~ AM ~"~a Shane ,des a rcleca~e c~z a~al.eerx~ u~b;~~~ Fvv: F~~ i3urgerFi i r~r-fl nn~rd Thin ern ~°i,~,~1 r &~i~ _~w__ F~artrirar~led Message _®__ r~ : "marei@~car~a~~.ne~" <rrrar~nciccar~east,net~ ~: 'V'ied, June 1f ~Ol~. ~Q~'1~:55 ,~M t~jk» Fvarde ~urgerFi ~'raa~, Please ir~~l~ad~ ~h ~'~ll~rin r~rat~i any e~rna~s, ~~c ~`am~~x~ ~' be~~ s~~t ~~ ~~e ~ara~p~° ~arti~s. ~ ~~ .~ b~ 1 ~~ ~~~d ~~e ~ii~r~s~ ~°~ >th~ ~°~qc~~s~ ~ ,s~~ ~`~°~~a ~~ ~~~ R~s~~~~°fl~:t, ~~~~~ ~p~~~~c~ t~ y s>c~x~ ~- tie ~°~ s~d~ ~` ~k~e~~ k~~~~~i ~? ~x~;y si~a~ ~~~ ~1~~ ~~ 1a ~~ ~a~:~°~) ~ ~~q.~x~~°~ ~~` ~~a ~~~n~ ~~ ~~`"~ :~ ~s~ e~ t~~e ]F~~1r uq ~i~ ~~~a~~° ~. Meeks, Janet From: lan McNeel [imcneel@mac.cam] Sent: Tuesday, June 29, 2011 12:20 PM To: Ian McNeel Cc. Mike Ferrier Delray Condo C4; sames@amesint.com; svetlana@mnsdevelopment.com; George@brewerarchitecture.cam; kvaoffice@aol.com; sporten@portencompanies.com; rdecap@aol.com; nick sadowsky; Meeks, Janet; MARIE Mc1NERNEY (DELRAY} ;BUD LUSK (DELRAY} ;MARK KRALL, ESQ. (DELRAY} ;Tony Defray condo Subject: Re: BurgerFi Sign permit SPBRB Dear Members of the Board, i am the owner resident of NMC # P-2. My unit is located on the top floor of the South corner of A1A and Atlantic. The unit looks directly down on the Burgefi building 1 rooftop. if signage were allowed to go ABOVE the raofline I and others would be directly impacted by this visual intrusion. One of the driving forces behind the success of our cities beach and growing tourism, is our ability to keep the "Village by the sealOld town charm" feel intact. Allowing additional marketing propaganda such as ABOVE roafline signage and visual marketing clutter, such as north "corner" signage (and BurgerFi is not a corner building) will set a bad precedent and send a poor message regarding our city's 1 beaches future and it certainly does not serve to preserve our beach community look and feel we all love so much. Sincerely and with concern, Ian McNeel 36 South Ocean Blvd #P2 On Jun 20, 2011, at 9:57 AM, Tony DiEgidio wrote: Dear Board Members, am the owner resident of Condominium # P-1. It is the southeast unit facing A1A. I can't see the sign from my residence but I walk A1A almost everyday and also spend time on the beach and area restaurants. Part of the appeal of Defrays' beach area is that it is not a giant strip of high rises and garish Marquee sign's and Logo's. Bastans, Luna Rosa, The Beach Shop the City and the Marriot along with residential rental property owners along A1A have all done well without having multiple signs in need~af Waivers. if you are concerned with our citys' appeal to tourists please vote against these waivers as recommened by your staff, so that our beach front area remains uncluttered. Sincerely, Anthony DiEgidio From: mferrieriCalcomcast.net [mailto:mferrieriCa~comcast.net] Sent: Friday, June 17, 2011 3:07 PM Ta: samesC~amesint.com; svetlanaCc~mnsdeveiapment.com; George@brewerarchitecture.cam; kvaofficeC~aol.com;spnrten Cc~uortencompanies.com; rdecap@aol.com; nick sadowsky Cc: JANET MEEKS (DELRAY) ;TONY DiEGIDIO; IAN McNEEL (DELRAY) ;MARIE McINERNEY (DELRAY) ;BUD LUSK (DELRAY) ;MARK KRALL, ESQ. (DELRAY} Subject: Re: BurgerFi Sign permit SPBRB Dear Board Members, The New Monmouth Condo Association requests that you accept staff recommendations and deny the waiver requests for BurgerFi signage at your June 22, 2011 meeting. Thank you, Mike Ferrier, Jr Chairman of the Board New Monmouth Conda Association ----- Original Message ----- From: "F Marincola" ~pepsilCa7bellsouth.net~ To: lames _ amesint.com, svetlanaCa7mnsdevelopment.com, GeorgeCa~brewerarchitecture.com,kvaoffi ceCc~aol.com, sporten ~portencompanies.com, rdecapCa7aol.com, "nick sadowsky" ~nick.sadowsky~a7mssb.cam~ Sent: Friday, June 17, 2011 1'1:48:07 AM Subject: BurgerFi Sign permit SPBRB L7ear SBRAB member, First fet me say that I appreciate you volunteer own the: most Vorth Gonda on the secana flat Qn the 22nd ,tune meeting BurgerFi has 2 wain prohibitecj sign. Ffis reason is that he is almost gnu that he is painfully mstaken.'l also own a r down a future regE~est, especially; Jf GL.R ar J3o Tle new Seach Master plans for'the elirninatio .The second, Is tn,'put a lighted projection sign.:; . This is tflta€ly unnecessary €f itwere to be F r'es#aurants arZd 3n fact where all the preceding IVarth resirJProts of NP~1C and should be rejecter parapet. -also think a message should be sent that try reeommendatrons should' be curtailed as they:; enrice. "' in Newivlonmouth Cando(NN1G) at 30 5 Ocean Ave. ors in front of you. One is to use'the Narth side of his bt-i[ding for a corner and thaC it woulr3 not set:. a precedent for other restaurants. I can fell staurant in the Condo:'The Baard woeid have no volriV~le reason to turn ranged hands > exact tyE~e of sign critter: ~e coat hoe of the NMC facade ,:below fhe roof line, it would bean Ilne wilh ail other ~rrthat kocation have been, placed:- It would bean lighted intrusion to all hand and moved below t}~e roof line and i~ot the nee+ily granted raivers that don'f really make sense and are against staffs strong Este of time ---precious tinge that is being volunteered by people that care about the drrectton of the tatty wrthout self rnierest. --WRDDCJD. 7 hanks',Fran Marincola'owner B-4 New h~lanmouth Condo 2 Meeks, Janet From: Allen Lusk Jr [aluskjr@bellsouth.net] Sent: Saturday, June 25, 2011 11:02 AM To: bud luck Cc: mferrieri@comcast.net; lames@amesint.com; svetlana@mnsdevelopment.com; George@brewerarchitecture.com; kvaoffice@aal.com; spor#en@portencampanies.com; rdecap@aol.com; nick sadowsky; Meeks, Janet; MARK KRALL, ESQ. (DELRAY}; Tony Delray condo Subject: Proposed BurgerFi Sign permit SPBRB To those concerned, I own and live in units A-3 andA-4 of New Monmouth condo. My units are located an the 2nd Haar right next to Burger Fi. I would not like to have lights shinning into my living raarn and blocking the view from my balcony if the sign were allowed to go above the roofline. Let's keep the sign below the roof line and keep the size of the sign to a minimum. Let's try to keep the beach area free of flashy signs which would detract from the "Village by the sea/Old town charm" of the beach area. Our beach area has very little commercial signs and mainly for this reason, I think, it is the best beach area in all Florida. Thanks to the diligence and good common sense of our city officials concerning commercializing the beach area. Thank you for your good work, Allen E. Lusk, Jr. MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, City Engineer Alberta Gaum-Rickard, Recreation Superintendent THROUGH: David T. Harden, City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF JULY 5, 2011 TRANSFER OF PUBLIC ART BOARD FUNDS/INSTALLATION OF EAGLE SCOUT STATUE ITEM BEFORE COMMISSION City Commission approval to transfer money from the Public Art Board funds to pay for installation of the Eagle Scout Statue at Old School Square Park. BACKGROUND Mr. Shelly Weil donated an Eagle Scout Statue statue to the City of Delray Beach and an agreement was executed on January 11, 2011 (copy attached). At the April 25, 2011 Art Board Meeting, Mr. Weil presented several options for providing a base for the Eagle Scout Statue (see attached proposal). Mr. Weil requested that the Art Board consider funding a granite monument base. After discussing this request the Art Board voted to accept the donation of the granite monument base with Mr. Weil incurring all costs. Mr. Weil is requesting that City Commission release funds from the Public Art Board's budget, in the amount of $2,100.00, to install the pink solid granite base for the Eagle Scout Statue at Old School Square Park. If Commission approves the request, Mr. Weil could start the process of locating Eagle Scouts from Delray Beach to be listed on bricks surrounding the monument. FUNDING SOURCE Funding is available from 115-1702-579-31.90 RECOMMENDATION Commission discretion. AG ~~liEl~T BST EN ~ I-I~ ~'IZ'Y ®~' ~EIC, Y ~EA~II ANII SI$~I,I,~' ~II~ FGA SGI11<,PTIJ I~1 GIJI~ SGGGL SQIJ P ~I' SAG EI~IEl~I'I' made this ~~ day of ~ ~ , 2011, by and between the C'IT'E' GI+, I)EI~ ~' l3EA~II, Ii'L~ IAA (hereinafter calla "~I'I'~") and SFI1~:IlI~~' + ~ (hereinafter called " T DGNG~"). WIT'1~tESSE'I'~Io The CIT'E' and the T' I~~3N®1~ in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The AIN'T DGNGI~ shall transfer a sculpture to the Old School Square Park, hereinafter referred to as the "WORK", within 1~0 days of receiving a notice to proceed from the CI'TE', unless extended by written agreement. 2. This Agreement shall be governed by the laws of the State of Florida as now and thereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 3. All notices, requests; demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to CTIY: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to ART DONOR: Shelly Weil 925 Greensward Lane Delray Beach, FL 33445 4. The AI2.`T I~®1~~ shall not, without prior written consent of the CI'I'~', assign any portion of its interest under this Agreement. 5. The CIT'E' and the AI~T' I)Gl~i®I~ each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all covvenants, conditions and obligations contained in the Agreement. 6. In consideration of ten dollars ($10.00) and other valuable consideration, the AE'I' DAN®R shall defend, indemnify and save harmless the CI'T~, its officers, agents and employees, from or on account of any liabilities, damages, losses and costs received or sustained by any person or persons by or in consequence of any negligence {excluding the sole negligence of the CITY), recklessness or intentional wrongful misconduct of the 'I' I)GI~dGIt and any persons employed or utilized by the AI~'h D~I~dGI~ in the performance of this Agreement. AI~T IIO~T®I~. agrees that negligent, reckless or intentional wrongfiil misconduct includes, but is not limited to, use of any improper materials or liabilities, damages, losses or costs caused by or on account of the use of any improper materials. r~I2T D~I~~I~ agrees that negligent, reckless or intentional wronghil misconduct also includes but is not limited to the violation of any Federal, State, County or City laws, by-laws, ordinances or regulations by the T I)®1V®I~, its agents, servants or employees. AI~T D~N~12 further agrees to defend, indemnify and save harmless the CITY from all such claims and fees, and from any and all suits and actions of every name and description that may be brought against the CITY on account of any claims, fees, royalties, or costs for any invention or patent, and from any and all suits and actions that may be brought against the CITY for the infringement of any and all patents or patent rights claimed by any person; firm, or corporation. The indemnification provided above shall obligate the T D®l~d®I2 to defend at its own expense or to provide for such defense, at the CITY'S option, for any and all claims or liability and all suits and actions of every name and description that may be brought against the CITY which may result from the operations and activities under this Agreement performed by the T I)~I~~I2, its agents or employees. This indemnification includes all costs and fees including attorney's fees and costs at trial and appellate levels. The CITY will pay to the AI~T DO1~10I~ the specific consideration of ten dollars ($1.0.00) and other good and valuable consideration as specific consideration for the indemnification provided herein. 7. The CITY may, in its sole discretion, terminate this Agreement upon ten (10) days notice to the A1~T 1)~~1~1~. 8. AI~T I)®1~1~I~ shall provide the CITY with a written Bill of Sale conveying title to the CITY, and a sworn statement of no liens, claims or other encumbrances. Such documents shall be in a form acceptable to the CITY. 9. The T ~~rd®12 warrants that the WORK shall be free of defects in material and workmanship and that the AI2T I)~l®l®I2 shall correct at his/her expense any such defects which appear for a period of one (1) year from delivery of the Bill of Sale for the WORK. 10. The T DAN®1~ warrants that the WORK does not infringe upon any copyright. 11. Title to the WORK shall vest in the CITY upon placement of the WORK in Old School Square Park. The CITY may reproduce images of the WORK, for non-commercial use, including but not limited to public information, educational and promotional purposes without written consent of the AI2T I)®I~®I~. 2 12. The `I' I~~Iot~R hereby acknowledges that installation and integration of the artwork may subject the artwork to future removal, destruction, or other modifications by reason of its removal from the park or the renovation, destruction or redevelopment of the Old School Square Park. Notwithstanding the foregoing, the ART' 1)~1~®R hereby consents to the placement of the artwork at the Old School Square Park, as determined by the ~I'I'~'. 13. The AR'I' D~I~lR hereby acknowledges that by placing the artwork in Old School Square Parr, it may be subject to damage by the elements and/or third parties not under the control of the ~I'T~' and the C'I=I'~' shall not be liable for said damage, if it occurs. AR°I' ~~~3R also recognizes that the CI'T~ shall have the right to determine, in its sole discretion, whether or not the artwork should be repaired and/or replaced if the artwork is damaged in any way, l~. AR'I' I~~~l®°s rights, including but not limited to all copyrights, if applicable, under this Agreement are not assignable and shall cease with ART I)®I~~lt's death and do not extend to ~ I)~N~R's heirs, successors or assigns. ~IT'~I's rights and obligations under this Agreement may be assigned without the consort of AST D~I~IOR at any time, without prior notice to AR'I' ~~Nt~R. 15. ART D®I`V~I~ shall notify the ~I'I'~ of any permanent change of address from that stated in Paragraph 3 hereof, and the failure of T I)®N®R to do so shall be deemed a waiver by ~' 1~~l~l~R of ART I~~I"~R's rights to enforce those provisions of this Agreement that require the express approval of ART D(~N~R. 16. This Agreement shall be considered null and void unless signed by both the T I~~I~®R and the ~IT~. 1.7. This Agreement and the documents attached hereto constitute the entire agreement between the ~IT'~' and the ART DCIl d~I~ and may only be altered, amendod or repealed by a duly executed tivritten instrument. Ind ~II'I'1~dESS ERE®~', the parties hereto have executed this Agreement, the day and year first above written. `° g_ ATT>/ST: CITE ~F4>~EI~ ~1 ~E~, :'I~. d~'1~()~'II)~. -- ~ y~ ~ O C City Clerk Nelson S. McDuffie, Ma~`~' ~ Approved as to fo~ E ~ ~.~ °~~ity Attorney ~ '~~} ~ ~ ~ .~v.~ 3 ~I~I'I//N/f~;gES S~E)S` Prim Name: ,..G~ ~ c`J J ~T ~®1~1 By: Shelly Neil, Donor Print Name: ~~~,~ t3~+ ~AZ,~+ >SII~~ ~~' Sr~.~~, effective as of ~ ~ 1 , 201, from 5~3~~I,Y ~~TBI~ ("Seller") to the ~iT~ ~~ D~~,12A~ 1~~A a Florida municipal corporation ("Buyer"). ~'VI'lr`T~SS1~T~: H>EIAS, Seller is executing and delivering this Bill of Sale to buyer for the purpose of selling, assigning, transferring, delivering to, and vesting in, Buyer, the sculpture and base ("Art"} Listed on Exhibit "A", attached hereto and incorporated herein, I~~3'~J, '>t'~1~'~il, in consideration of ten dollars ($10.00) dollars and other good and valuable consideration, receipt of which is hereby acknowledged, Seller by these presents does sell, assign, transfer and deliver to, and vest in, Buyer, its successors and assigns forever, all of Seller's night, title and interest, legal and equitable, in and to the art, free and. clear or any liens, claims, encumbrances or restrictions of any kind, including without limitation the following: Tlae art as described on Exhibit "A". T~ AVM A 'I'~ ~~~13 all the art unto B~aye~•, its successors and assigns forever. Section 1. Nothing in this Bill of Sale, express or implied, is intended or shall. be construed to confer upon or give to, any person, firm or corporation other than Buyer and Seller and their respective successors and assigns, any remedy or claim under or by reason of this Bill of Sale or any term, covenant or condition hereof', and all the terms, covenants and conditions, promises and agreements contained in this Bill of Sale shall be for the sole and exclusive benefit of°Buyor and S~ll~r and their respective successors and assigns. Section 2. Sel9~~r for itself, its successors and assigns hereby covenants and agrees that, any tune and from time to time forthwith upon the written request of Buyer, Seller will, at B~~yer's expense, do, execute, acknowledge and deliver or cause to be done, executed, acl~nowledged or delivered, all and every such further acts, deeds, assignments, transfers, conveyances, powers of attorney, and assurances as may be reasonabl}r required by ~3tryer in order to sell, assign, transfer, and convey to, and vest in, Buyer, its successors and assigns, or to aid and assist Buyer in reducing to possession any or all of the artwprks assigned or to 'oe assigned to I~uyer~. Section 3. This Bill of Sale is executed by, and shall be binding upon, Seller, its successors and assigns, for the uses and purposes above set forth and referred to, as of the effective date thereof. Ind Wl'I'I~dESS W~RE~I{, Seller has duly executed this Bill of Saie as of the date first above written. WITNESS: ,/ ~,e ~' ~ -~ (print ox• type name) Slf~+ ~~,~ ~~~g ~.A•t D ~ ~y; uTATE OF FLQRIDA C4I.,7NTY ~F ~`~ G~-~- 4~.e The foregoing instnunent was acknowledged befoz•e me this ~ t day of ~~' - , 2~1(~, by Shelly Weal, who is personally known to n~e_ or who has produced (type of identification) as identi~catio ,,,,,,,,,,. ~._~ ~® ( :;~.~~°rs~•-. BETII'JOWIGDERSON °*~ *= Commission # DD 878272 =~~ .; Expires April 7, 2013 Signature of Notary u ~ - "°B wes~ots of Florida 2 f ~ x w ~'.. ~ ~: ~: ~ ~ . , '~ A" ~~ ~ ~. 'M_. a~ v. •, _ ~V ~ A ~ II! a VWnl '4 . rh, ~ ' ~. au9 i", n Xy ~I~.. I : .W~'~.WN~ _,.. . ll ~d ~n Ck WFI ~tl -~. I ~ ,~ ~ ~ ~ N r~q ~ry ~ ° p ° {^ y ., ~ g ~ q~y ~ ~ p g ~~~ m~+ U~q ~~P~ I M.~1 Por 'k~'G ~~A ~* ~~~9~ G gtl p ry~ y~y ~ -~V 6' 991 r~~L ,e~C. ~~ X k -'r.~& ~' ~ u i . ',yg'' pp^^ +~y' '~ „ W. d,~'J' ~ ryp ~^ II h.6 I~ .... ~ R R 1 ^'~y p~ry~ ryy~yy ,~. M,~ ~n...J' . k1A''~.? _ ~~~~rr ~ ~ ~ ~ ~~ a5~fl ~W~~ py ~~+ III ~~M~ ~~1 '.~ ~1 ~~pw^. Wq,II C~~w,tly ~ p ~qu~ 0.,.P Yrv ~~.4, ~Waaw~~ ~II ~4.o$.~~q ~ay ~ s~~,9% ,.. ~],g ~'.J,+«di. II N p. _n'k~.~4 tl ~ N. ~ ~ 1 v"~ ~ 'W'~V~n. -- a 0./E I 'ta~ %~.~ ~ ' N ~ -. ~ r .. p ~..Y . ~ k.~",i. ~ ~~. .~,. ~" y ~.~ ~,'" ~~ ~. i ~ ... ._ ~I ~ ~~ L ~ ki w i 1 ~ ~ ~' ~~ ~, r~ x;, ` +8 1 ~ . ~ ~~~ ~ ~ 2 ~. t._, t ,' r y, p ~," r ~' ~ ~ w ., a ~ ~~ _ _.~ 4. ' , ~~. . , °< )i H ~ r ~'r~ _ G '~ ~ - ~x~ ~ ~ r ~ '~ " _ ~ 6 !M ~ ~ ~~ i 4 ; / ~ ' ' 1 t j Y.. r• t a ~; '` , ~ ~ y~ Tfi 1 J 6 , f~~ f ~ c ., ~ i~ ~ ~ Fj ' l ~ +_ q i i, ~, /; _ _ ~ ~ , [x Y:. N ~4 . ~ ~ y~' I r '~ ~~ ,,; ,, ~ t r... ,~ ,. r .. ~ ~. .. ~ _. i :. ~'- ~ s u t i ~= ~ ~ x ~" ,~ ,~ 1. ~, .i f , , ~. t Y~ ~i% t ~ i I ~ A ~~~ i i J ~ ~ ~ ~~~ ~ ~ ~i ~ 4 _ _ ~ ~ r`Y ~ 7f. P ~~ ~ J. / ~~ i - ~ ~ ~ t ; fi t _ n t piad. _ ~f , ~ ~ ~~ ~ , l ~~ +'- ~ [ ~ !^ ~ r ~ ~~~h~ ~. i~ ~ ~ ~,r 1 if i''~~ ~~ , ~ .4 _ _ ~, .., i - err r i .~ ~, ~ - s q, r u~ ~ ; 2 t~;; Y ~~ n ,~ ,.~~ . ,~ i ' w. .~: 1. .d: . ~ r ; 7s' ..,. _,.. C4 ,,,F~~~ ~ , , g i ,~ ~ .: ~ s ~ `„i s~ i~ ,: ~~ ~, s ~~. , MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF JULY 5, 2011 RECONSIDERATION OF A VOTE FOR A CRA BOARD APPOINTMENT ITEM BEFORE COMMISSION The item before the Commission is reconsideration of the vote for an appointment made to the Community Redevelopment Agency Board. BACKGROUND Commissioner Fetzer has requested a reconsideration of the appointment that was made to the Community Redevelopment Agency Board at the June 21, 2011 Regular Commission Meeting. RECOMMENDATION Commission discretion. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF JULY 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 a regular member due to Mr. Albert Richwagen being appointed to the Downtown Development Authority at the City Commission meeting on June 21, 2011. The term is unexpired ending January 14, 2012. Please note that Mr. Kurt Lehmann and Ms. Shannon Dawson are alternate members and would like to be considered for regular membership. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of zoning and building control. The regular and alternate membership of the Board shall, whenever possible, include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The 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 January 14, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Code Enforcement Board for an unexpired term ending January 14, 2012. 06/11 CODE ENFORCEMENT BOARD TERM EXPIRES REGULAR MEMBERS OCCUPATION POSITION FILLING 01/14/2013 Jason Dollard Unexp Appt 4/21 /11 Attorney Layperson 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 Vacant Unexp Appt 01/14/2012 David Boone Attorney/Educator Layperson Unexp Appt 03/01/11 ALTERNATES 01/14/2013 Kurt Lelzmarnz Realtor Layperson Unexp Appt 05/17/11 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 Mark Behar Shannon Dawson Beril Kruger Ronald Gilinsky Kurt Lehmann Iris McDonald Stanley Scharf Stephanie Sugar Background Self Employed -Investor Realtor/Real Estate Consultant Self-Employed -Consultant Sales/Nlarketing Realtor Incumbent Realtor/Self-employed Administration/Supervisor Regional Director Incumbent MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Downtown Development Authority. BACKGROUND The term for regular member Mr. Michael Listick expired on July 1, 201 L Mr. Listick will have served one (1) full term and would not like to be considered for reappointment. This creates a vacancy for one (1) regular member to serve a three (3) year term ending July 1, 2014. To qualify for appointment, a prospective member must reside in or have his or her principal place of business in the City, and shall not be serving as a City officer or employee. There is a requirement that at least four of the members must be owners of real estate within the downtown area, a lessee thereof required by the lease to pay taxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. A map of the Downtown Development Authority Boundary is included for your review. Currently serving on the Downtown Development Authority and meeting ownership and tax payment qualifications are Mr. David Cook, Mr. Fran Marincola, Mr. Seabron Smith, Mr. Albert Richwagen and Mrs. Nancy Stewart-Franczak. 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 Carney (Seat #1) for one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Downtown Development Authority for a three (3) year term ending July 1, 2014. DOWNTOWN DEVELOPMENT AUTHORITY (DDA) 85 SE 4~ Avenue, Suite # 108 Delray Beacl-y FL 33483 3 year term 06/11 TERM REGULAR MEMBERS EXPIRES 07/01/2014 Albert Richwagen *Tax qualification Appt o6/z1/ii 07/01/2014 Vacant 07/01/2012 Fran Marincola Q~air *Tax qualification Appt o6/zo/o6 , Reappt 06/16/09 07/01 /2014 Diane Franco, Secretary Appt08/05/08 Reappt 06/21/11 07/01 /2012 David Coo1S Treasurer *Tax qualification Unexp Appt OS/ 15/07 Reappt 07/07/09 07/01 /2014 Nancy Stewart-Franczak * Tax qualification Reappt 06/21/11 Reappt 07/01/08 Unexp Appt 07/11/06 07/01/2013 Seabron Smith *Tax qualification Unexp Appt07/21/09 Reappt 07/06/10 Contact person: Marjorie Ferrer Phone: 243-1077 Fax: 243-1079 Cell: 271-3168 Membership increased to 7 members on 07/01 /99 S/CityQerk/Board 11/DDA Commission Liaison: Commissioner Frankel (Primary Member) Mayor McDuffie (Alternate Member) DOWNTOWN DEVELOPMENT AUTHORITY EXHIBIT "A" Mavis Benson Business Owner Tax Qualification Ryan Boylston Consultant Shannon Dawson Realtor Mark Denkler Sales-Business Owner Tax Qualification James Deitch Business Owner Tax Qualification Ronald Furst Retail-Business Owner Tax Qualification Bruce Gimmy Self-employedBusiness Owner (currently serving on the Parking Management Advisory Board) Tax Qualification Kurt Lehmann Realtor (currently serving on the Code Enforcement Board) Pearl Markfield Elrod Realtor Kenneth Peltzie Self-employed Alexia Rouquette Marketing/Public Relations Perry Rohan Real Estate Harold Van Arnem Principal/Developer Brad Winney Investor/Director (also applying for the Financial Review Board & the Police Advisory Board) } Q Z O m .-. D O ~_ CL O 2 I- Q Z w O w w z O z O as ~~ ~ z ~r ~ ~r ~ 6 i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND Mr. Andrew Youngross, alternate member on the Financial Review Board, submitted his resignation effective June 20, 2011. Please see his resignation email attached. This creates a vacancy for one (1) alternate member to serve a two (2) year term ending July 31, 2013. 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: Applicant interested in being an at-large member: Nayda Cottone-Ovadia Nursing (also applying for the Green Implementation Advancement Board; currently serving on the Nuisance Abatement Board) Bradley Winney Investor/Director (also applying for the Police Advisory Board & the Downtown Development Authority ) A check for code violations andlor municipal liens was conducted. None were found. Voter registration verification was completed and they are registered. Based on the rotation system, the appointment will be made by Commissioner Fetzer (Seat #2) for one (1) alternate member to serve a two (2) year term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) alternate member to serve on the Financial Review Board for a two (2) year term ending July 31, 2013. FINANCIAL REVIEW BOARD 6/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /12 Warreaz Trilling Certified Public Unexp Appt 05/17/11 ACCOUntant 07/31/12 HowardEllingsw~rth,Q-iair Accounting Amt 10/20/09 PaT'tneT/CPA Reappt07/06/10 07/31 /13 John Hallahan Assistant Director of Unexp Appt 04/05/11 017eratlonS Reappt06/21/11 07/31/12 Rosalie Plood Vice President/ Amt 10/20/09 alt General T/~dnager Amt 07/06/10 reg 07/31 /13 Qzristina Morrison Pearce Realtor Amt 11/03/09 Reappt6/21/11 07/31 /13 Jeff Ritter Consulting Unexp Appt04/05/11 Reappt06/21/11 07/31/12 Luise Piane Executive a~ o~/zo/1o Managerrient ALTERNATES 07/31 /11 Anthony Cottone Business a~ o6/z1/11 Owner/Finance 07/31/11 Vacant Contact: Barbara Flynn X-7115 S/CityQerk/Board 11/Firiancial Re~riewBoard Cobb, Venice From: Andrew Youngross Candrew@tecfla.com] Sent: Monday, June 20, 2011 12:19 PM To: Cobb, Venice Cc: Shutt, Brian Subject: resignation from financial board Dear Denise, Effective immediately, Ihear-by tender my resignation from the Financial Review Board for the city of Defray Beach. This decision is based on conversations with the city attorney for determining if my current work for the city and any future work for the city may be a conflict of interest. Based on our conversation today, and from information that Mr. Shutt obtained this morning, we think that my appointment could create a conflict of interest. Please remove me from any future consideration from this board since my company will continue to provide services to the city now and in the future. I thank the city and the city commissioners for my consideration for this board and apologize for not being able to participate on this board. Sincerely yours, Andrew J. Youngross Tf you have piny questions or concerns please contact me. Sincerely, Andrew Youngross, P.E. Ext: 17 ~.. - ;: ~ ... r _. _~ _...,~.:.: .,,.. ,_ _ ,. ,.,~ .~ .w t, -- . 1~ ~ ~ i ~, f~SCA~i ~ yQ~ ~~~A~ ~ ,~. ~ www.TECI;LA.conn 312 Southeast 10th Street Delray Beach, Florida 33483-3426 Voice: 561.274.0200 /Fax: 561.274.0222 $ 561.272.7950 ELECTRONIC MEDIA DISCLOSURE In accepting and utilizing any farm of electronic media generafied and provided by Thompson ~ Youngross Engineering Consultants, I.I.C ('rYEC}, the Recipient covenants and agrees that all such drawings and data are instruments of service of TYEC, who shalt be deemed the author of the drawings and data, and shall retain all common law and other rights, including copyrights. The Recipient further agrees not to use the CAD datuments in whale ar in part, for any purpose ar project other than the project which is the subject of this Agreement_ The Recipient agrees to waive all claims against TYEC resulting in any way from any unauthorized changes or reuse of the drawings and data for any other project by anyone other than TYEC. In addition, the Recipient agrees, to the fullest extent permitted by law, to indemnify and hold TYEC harmless from any damage, liability or cost, including reasonable attorney's fees and costs of defense, arising from any changes made by anyone other than TYEC or from any reuse of the drawings and data withau# the prior written consent of TYEC. ilnder no circumstances shall transfer of the drawings and other instruments of service on electronic media far use by the Recipient be deemed a sale by merchantability and fitness for any particular purpose. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENT TO THE GREEN IMPLEMENTATION ADVANCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Green Implementation Advancement Board. BACKGROUND The term for regular member, Mr. Jeff Benavides, will expire on July 31, 201 L Mr. Benavides will have served an unexpired term, is eligible and would like to be considered for reappointment. The term is for two (2) years ending July 31, 2013. On June 2, 2009, the Delray Beach City Commission adopted Resolution No. 24-09 establishing 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 amended the number of board members and changed the board's name to the Green Implementation Advancement Board. The Green Implementation Advancement 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 appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve a two (2) year term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Green Implementation Advancement Board for a two (2) year term ending July 31, 2013. 06/11 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 /2013 David Hawke, Q~air Architect Amt 08/04/09 Reappt06/21/11 07/31/2012 Rita Johnson Pusiness Owner-CEO Amt 08/04/09 Reappt07/20/10 07/31 /2012 Jayne King, Vice Qzair Master Amt o8/04/09 G ardener/E ducator Reappt07/20/10 07/31/2013 Stephanie °Chloe" Sedenbaugh Human Resources Unexp Appt 04/05/11 reg Unexp Alt 03/02/10 Reappt06/21/11 07/31 /2012 Laura Reines Director/Special Events Amt o~/zo/1o Coordinator 07/31/2011 Jeff Penavides SustainabilityProject Unexp Appt 04/21/11 ~1,~Ta,-,ar,nr ALTERNATE MEMBERS 07/31 /2013 Yalmaz Siddiqui Unexp 05/03/11 Reappt06/21/11 Environmental Strategy Advisor 07/31 /2013 Michael Marcus Recycling Managing Amt o6/z1/ii Partner S/City Clerk/Board 11/Green Implementation Advancement Board CITY REPRESENTATIVE: Randal Krejcarek 243-7322 Richard Reade 243-7009 GREEN IMPLEMENTATION ADVANCEMENT BOARD EXHIBIT A Isabelle Alarie Landscape Architect-Principal (currently serving on the Board of Adjustment) Jeff Benavides Sustainability Project Manager Incumbent Alberto Chuecos Director of Operations Wyana Claxton Self-employed/Therapist (also applying for the Police Advisory Board) Jeffrey Conley Architecture/Engineering-Principal Nayda Cottone-Ovadia Nursing (also applying for the Financial Review Board) Lillian Stajnbaher Ecologic Advisor-Managing Principal MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.I. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENTS TO THE EDUCATION BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Education Board. BACKGROUND The terms for regular members Ms. Catherine DeMatto, Mr. Peter Raycroft and Ms. Sandra Tobias will expire on July 31, 201 L Ms. DeMatto and Ms. Tobias will have served two (2) full terms and are not eligible for reappointment. Mr. Raycroft will have served one (1) full term and would not like to be considered for reappointment. Appointments are needed for three (3) regular members to serve two (2) year terms ending July 31, 2013. Please note that there is currently a vacancy fora student member. However, there are no student applicants at this time. Members of the Education Board must be a resident of the City, own property, own or operate a business within the City or have a child attending Delray Beach public schools. It is the intent, whenever possible, that the membership include persons with a background in business, real estate and/or education. 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 as follows: Term Expiration Date July 31, 2013 (regular member-two year term) July 31, 2013(regular member-two year term) July 31, 2013 (regular member-two year term) Commissioner/Mayor to appoint Commissioner Fetzer (Seat #2) Commissioner Carney (Seat #1) Commissioner Fetzer (Seat #2) RECOMMENDATION Recommend appointment of three (3) regular members to serve on the Education Board for two (2) year terms ending July 31, 2013. 06/11 EDUCATION BOARD TERM EXPIRES NAME & ADDRESS OCCUPATION 07/31/2011 Catherine DeMatto unexp a~ oz/zo/o7 Training & Development/ Reappt 07/24/07 Reappt07/07/09 MaT'ketlTl & Sales g 07/31/2012 Jose Herrera Special Events Coordinator Unexp Appt04/21/11 07/31/2012 Derline Pierre-Louis, Vice Q-~ir a~ 07/15/08 President/Plan & Pudget Reappt o7/zo/1o Revie~r 07/31 /2012 Amanda Orndorff Unexp Appt 10/19/10 Educator 07/31 /2012 Debra Kaiser a~ o7/zo/1o Senior Director 07/31 /2012 Sandra Weatherspoon, Qzair Amt 07/15/08 ASSIStant PnnClpal Reappt07/20/10 7/31 /2013 Lydia Carreiro unexp a~ 10/06/09 Educator Reappt06/21/11 07/31 /2011 Sandra Tobias unexp a~ oz/z1/o6 Real Estate/Educator Reappt07/24/07 Reappt07/07/09 07/31/2013 Isabel Make a~ o6/z1/ii Educator/Consultant 07/31 /2011 Mr. Peter Raycroft Unexp Appt 01/03/08 Educator Reappt07/07/09 07/31 /2013 Myra Leavy Pazemore unexp a~ 1z/o7/1o Educator Reappt06/21/11 STUDENT MEMBERS (one term limit) 7/31 /2013 Madison Aracri Appt 06/21/ 11 Stlldel"it 2 YEAR TERM 7/31/2012 Student 1 YEAR TERM Vacant CITY REPRESENTATIVE: Janet Meeks -Education Coordinator 243-7231 COMMISSION LIAISON: Commissioner Fred Fetzer (I'ruraryMember) Commissioner Nelson McDuffie (Alternate Member) EDUCATION BOARD EXHIBIT A Mary-Elizabeth Cohn Education/Sales & Consultant LeaAnne DeRigne Educator (also applying for the Police Advisory Board) Claudia Flores Banking-Assistant Vice President Miriam Hanan Retired-Principal Julia Kadel Director of Admissions Sandra Owens Educator Sharon Roth Retired-Business Development Manager MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.J. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENTS TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Police Advisory Board. BACKGROUND The term for regular member, Mr. Kevin Warner, will expire on July 31, 201 L Mr. Warner will have served an unexpired term, is eligible and would like to be considered for appointment. Secondly, there is a vacancy due to Ms. Isabel Make being appointed to the Education Board at the June 21st City Commission meeting. The term is unexpired ending July 31, 2012. Appointments are needed for one (1) regular member to serve a two (2) year term ending July 31, 2013, and one (1) regular member to serve an unexpired term ending July 31, 2012. Please note that there is a vacancy for a student member. However, there are no student applicants at this time. In order to qualify for appointment, a person shall 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. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. 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 Fetzer (Seat #2) for one (1) regular member to serve a two (2) year term ending July 31, 2013, and Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Police Advisory Board for a two (2) year term ending July 31, 2013, and one (1) regular member to serve an unexpired term ending July 31, 2012. POLIC ADVISORY BOARD 06/11 TERM EXPIRES NAME & ADDRESS 07/31 /13 DeAnna Longo a~ o6/z1/ii 07/31 /12 Jennifer Morris Unexp Appt 10/19/10 07/31 /12 Ellen Major-Hanna a~ o~/zo/1o 07/31 /12 Vacant Unexp Appt 07/31 /13 MatthewMonahan Unexp Appt04/20/10 Reappt06/21/11 07/31 /13 Shelly Weil a~ o6/z1/ii 07/31 /12 Carl Forrest, Chairperson Unexp Appt 01/05/10 Reappt07/20/10 07/31/12 Lee Cohen Unexp Appt 06/21/11 07/31 /12 Edith Thompson a~ o~/zo/1o 07/31 /13 Catherine DeMatto a~ o6/z1/ii 07/31 /11 Kevin Warner Unexp Appt 01/05/10 07/31 /13 Elisha Porter (Student) 07/31/12 (Student) Vacant Contact: Venice Cobb 243-7056 S/CityQerk/Board 11/Police AchnsoryBoard City of Delray Beach Police Advisory Board -Applicants Exhibit A 1. Annette Annechild Resident 2. Wyana Claxton ResidentBusiness Owner 3. LeaAnne DeRigne Resident 4. Walter Earley Resident 5. Mercatur Guerrier Resident 6. John Jackson Resident 7. Samuel Menard Resident 8. Robert Shell Resident 9. Kevin Warner Incumbent Resident 10. Bradley Winney Resident • LeAnne DeRigne (also applying for the Education Board) • Bradley Winney (also applying for the Downtown Development Authority & the Financial Review Board) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 9.K. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENTS TO THE NUISANCE ABATEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Nuisance Abatement Board. BACKGROUND The terms for regular members Mr. Philip Friedman, Ms. Nayda Cottone-Ovadia, Ms. Arline Sherman, and alternate members, Ms. Patricia Conlon and Mr. Barry Tunick, will expire on July 31, 201 L Mr. Friedman and Ms. Sherman will have served two (2) full terms and are not eligible for reappointment. Ms. Conlon and Ms. Nayda Cottone-Ovadia will have served unexpired terms, are eligible and would like to be considered for reappointment (Ms. Conlon would like to be considered for regular membership). Mr. Tunick will have served an unexpired term and would not like to be considered for reappointment. Appointments are needed for three (3) regular members and two (2) alternate members to serve two (2) year terms ending July 31, 2013. The Nuisance Abatement Board was established by Ordinance No. 59-96 on January 21, 1997, for the purpose of hearing evidence related to the existence of certain public nuisance on premises located in the City. The board consists of five regular members and two alternate members. Members shall be residents of, own property, own a business or be an officer, director or manager of a business located within the City, and are appointed by an affirmative vote of at least four members of the City Commission. The following individuals have submitted applications and would like to be considered for appointment: Greta Britt Patricia Conlon Incumbent Lee Cohen Nayda Cottone-Ovadia Incumbent Theresa DiPerna 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 as follows: Term Expiration Date July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (regular member-two year term) July 31, 2013 (alternate member-two year term) July 31, 2013 (alternate member-two year term) Commissioner/Mayor to appoint Mayor McDuffie (Seat #5) Commissioner Carney (Seat #1) Commissioner Fetzer (Seat #2) Commissioner Frankel (Seat #3) Commissioner Gray (Seat #4) RECOMMENDATION Recommend appointment of three (3) regular members and two (2) alternate members to serve on the Nuisance Abatement Board for two (2) year terms ending July 31, 2013. NUISANCE ABATEMENT 09/10 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /2012 Wendy Smith Health Policy Unexp Appt 08/18/09 alt COnSUltant Amt 02/16/10 reg 07/31/2011 Philip Friedman Retired/Real Estate/ unexp Amt alt o3/01/05 Financial Aid Reappt r Unexp Reg 3/31/05 Amt Reg 01/17/06 Reappt Reg 03/05/07 Rea 03/17/09 07/31 /2011 Nayda Cottone-Ovadia Unexp Appt 09/07/10 Nuns' 07/31 /2012 Linda Laurence-Leib Office Manager Amt Alt a~/m/o9 Amt Reg 06/18/09 imexp Rea 08/17/10 07/31 /2011 Arline Sherman Retired/Physical unexp Amt oz/o7/o6 Therapy Manager Reappt03/05/07 Rea 03/17/09 ALTERNATES 07/31 /2011 Patricia Conlon Unexp Appt 09/21/10 Marketing Manager 07/31 /2011 Barry Tunick Retired Business Unexp Appt 07/20/10 O~IeT. BOARD COUNSEL Steve D. Rubiry E sq POLICE LEGAL ADVISOR Cathy Kozol Contact: Venice Cobb S/CityQerk/Board 11/Nirissance Abatement MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: June 28, 2011 SUBJECT: AGENDA ITEM 9.L. -REGULAR COMMISSION MEETING OF JULY 5, 2011 APPOINTMENTS TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND The terms for Ms. Ora Sorensen and Ms. Mary Minieka, regular members on the Public Art Advisory Board, will expire on July 31, 201 L Ms. Sorensen will have served an unexpired term, is eligible and would like to be considered for reappointment. Ms. Minieka will have served one (1) full term, is eligible and would like to be considered for reappointment. Secondly, regular member, Ms. Annette Gray submitted her resignation effective immediately. Please see her resignation letter attached. Appointments are needed for three (3) regular members to serve two (2) year terms ending July 31, 2013. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77-04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in/on City right-of-way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgement who have an interest in public art shall make up the balance of the Board. 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 Carney (Seat #1), Commissioner Fetzer (Seat #2) and Commissioner Frankel (Seat #3) for three (3) regular members to serve two (2) year terms ending July 31, 2013. RECOMMENDATION Recommend appointment of three (3) regular members to serve on the Public Art Advisory Board for two (2) year terms ending July 31, 2013. PUBLIC ART ADVISORY BOARD 06/11 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31 /11 Ora Sorensen Business Owner Unexp Appt 10/16/10 07/31 /12 Dana Donaty, Qzair Artist Amt 07/15/08 Reappt07/20/10 07/31 /11 Vacant 07/31 /12 Sandi Franciosa Amt o~/zo/1o Administrative Asst/Retired 07/31 /12 Michiko Kurisu Artist/Photographer Amt 07/15/08 Reappt07/20/10 07/31/12 RichardMcGloiry Vice Qzair Electrical Engineer Amt 07/15/08 Reappt07/20/10 07/31 /11 Mary Minieka Administration Amt o~/z1/oa Contact: BJ Wigderson X7322 S/CityQerk/Boardll/I'ublic Art AchnsoryBoard Commission Liaison: Commissioner Frankel Cobb, Venice From: Wigderson, Betty,~o Sent: Monday, May 23, 2(111 11:49 AM To: Cobb, Venice Subject: FW: Board Resignation- I~AAB Annette Gray Hi Venice, Annette is resigning. Let me know if you need anything else. Thanks! BJ Wigderson City of Delray Seach 434 5. Swinton Avenue Delray Oeach, Fl_ 33444 5~~-z43-73~z wi~dersonCct7mvdeir~beach.com From: Annnette Gray [mailto:anisette@rainbowmarketinginc.net~ Sent: Monday, May 23, 2011 1].:46 AM To: Wigderson, BettyJo Subject; Board Resignation Hella, unfortunately despite my significant efforts I have not been able to resole my scheduling conflict. Subsequently 1 am submitting my official resignation from the hoard. Best wishes. Respectfully Annette Gray ~ ---,. ~ ~ ~ y- .~~~ ?l/ . q ~ ~ k F ,. ~-~.. -..V y kr Office/Fa~: 866-342-5777 14545 K Military Tr. #306 Delray Beach Fl 33484 Info rainbowmarke#in inc.net www.rainbowmarketineinc.net https://twitter.comlannettegrayRM I htt~://www.youtube.com/watch?v_=IYSbmnploTl htt www.facebook.com a es Delra -Beach-Fl. Rainbow-Marketin 150208415005259 PUBLIC ART ADVISORY BOARD EXHIBIT A Applicants interested in serving as lay persons: Applicant Occupation Daniel Bellante Business Owner Marilynn Gladstone Retired Mary Minieka Administration/Gallery Curator (Incumbent) Alexia Rouquette Real Estate/Marketing/Public Relations Ora Sorensen Business Owner (Incumbent) Samuel Spear, Jr. Computer Consultant Kera Trowbridge Interviewer-Panelist 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: June 28, 2011 SUBJECT: AGENDA ITEM 10.A. -REGULAR COMMISSION MEETING OF JULY 5, 2011 ORDINANCE N0.22-ll (FIRST READING/FIRST PUBLIC HEARINGI ITEM BEFORE COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will introduce the new definition for a call center use and to provide a specific parking requirement for the use. The use is currently included under general office category and subject to an inadequate parking requirement. BACKGROUND The ordinance includes a new definition to Appendix "A" for the term, Call Center. Call Centers are central business offices for purposes of making and receiving large numbers of telephone calls for purposes such as customer support, information inquiries, product services, etc. Such uses are known to house an increased number of employees in smaller office spaces (cubicles) than more typical office uses. Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it is clear that the conventional office use parking requirement is inadequate. The proposed ordinance clarifies by definition that a Call Center is an office use, and is therefore permitted anywhere office uses are currently allowed. The parking requirement is considerably increased based upon an anticipated number of supervisors (2 per 1,000 sq. ft.) and, more importantly, on the number of work stations. A very similar approach has been taken with amendments to the LDRs for the use of Personal Service Provider (Beauty Salons, Spas, etc.) in excess of 5,000 sq. ft. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and a unanimous recommendation of approval was made. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and a unanimous recommendation of approval was made. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a unanimous recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a unanimous recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 22-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 N0.22-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(C), "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH (4), "REQUIREMENTS FOR OFFICE USES"; AND PY AMENDING APPENDIX A, "DEFINITIONS", PY ADDING THE DEFINITION OF CALL CENTERS; TO DEFINE AND PROVIDE FOR SPECIFIC PARKING REQUIREMENTS FOR CALL CENTERS; 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 June 20, 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 detem-tined 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 4.6.9, "Off-Street Parking Regulations", Subsection (C), "Number of Parking Spaces Required" Paragraph (4), "Requirements for Office Uses", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (4) Requirements for Office Uses: (a) Pusiness and Professional Offices: Except governmental medical, and call center offices, shall provide: * 4 spaces per 1,000 sq. ft. of net floor area up to 3,000 sq. ft. and then 3.5 spaces per 1,000 sq. ft. of net floor area over the initia13,000 sq. ft. (b) Governmental Offices: Including public health and rehabilitative services, shall provide 5 spaces per 1,000 sq. ft. of gross floor area (c) Medical and Dental Offices: Including clinics and mental health treatment facilities, shall provide 5 spaces per 1,000 sq. ft. of gross floor area Call Centers: two (2~paces per 1,000 sa. ft. of gross floor area, plus one 1~pace per work station as shown on a floor plan schematic. Section 3. That Appendix A, "Definitions", of the Land Development Regulations of the Code of Ordinances of the City of Delray Seach, Florida, be amended to add the following definition Call Center - A centralized business office used for the purpose of receiving and transmitting a 1arg~e clientele~roduct services, and debt collection. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. 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. 22-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. E. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.6.9 (C) "NUMBER OF PARKING SPACES REQUIRED", PARAGRAPH (4) "REQUIREMENTS FOR OFFICE USES", AND APPENDIX A "DEFINITIONS", TO ESTABLISH A PARKING REQUIREMENT AND TO DEFINE THE USE OF CALL CENTERS. 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 introduce the new definition for a call center use and to provide a specific parking requirement for the use. The use is currently included under general office category and subject to an inadequate parking requirement. 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 The ordinance includes a new definition to Appendix "A" for the term, Call Center. Call Centers are central business offices for purposes of making and receiving large numbers of telephone calls for purposes such as customer support, information inquiries, product services, etc. Such uses are known to house an increased number of employees in smaller office spaces (cubicles) than more typical office uses. Call centers can fit as many as eight (8) or more agents per 1,000 sq. ft., where a conventional office has an average of four (4) employees per 1,000 sq. ft. Where these facilities have opened up, it is clear that the conventional office use parking requirement is inadequate. The proposed ordinance clarifies by definition that a Call Center is an office use, and is therefore permitted anywhere office uses are currently allowed. The parking requirement is considerably increased based upon an anticipated number of supervisors (2 per 1,000 sq. ft.) and, more importantly, on the number of work stations. Avery similar approach has been taken with amendments to the LDRs for the use of Personal Service Provider (Beauty Salons, Spas, etc.) in excess of 5,000 sq. ft. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Call Centers: Definition and Parking 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 the following support this proposed amendment is noted: Future Land Use Element Objective A-5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices." The introduction of a definition to define Call Centers, and establish sufficient parking based upon documented demand, will help to provide clarity as to what call centers are, where they are allowed, and how many parking spaces are needed to accommodate such uses. This amendment is consistent with this Comprehensive Plan objective by updating the Land Development Regulations. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and a unanimous recommendation of approval was made. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and a unanimous recommendation of approval was made. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a unanimous recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a unanimous recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION Adoption of this ordinance will provide a parking requirement for call centers that more closely correlates to the parking demand of such uses. The ordinance further defines the use of a call center. The purpose of the ordinance to ensure sufficient parking is provided, thereby avoiding undo congestion and parking spillover. 2 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Call Centers: Definition and Parking 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 (C) "Number Of Parking Spaces Required", Paragraph (4) "Requirements For Office Uses", And Appendix A "Definitions", To Establish A Parking Requirement And To Define Call Centers, 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 (C) "Number Of Parking Spaces Required", Paragraph (4) "Requirements For Office Uses", And Appendix A "Definitions", To Establish A Parking Requirement And To Define Call Centers, 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 (C) "Number Of Parking Spaces Required", Paragraph (4) "Requirements For Office Uses", And Appendix A "Definitions", To Establish A Parking Requirement And To Define Call Centers, 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: R. Brian Shutt, City Attorney DATE: June 28, 2011 SUBJECT: AGENDA ITEM 10.B. -REGULAR COMMISSION MEETING OF JULY 5, 2011 DEVELOPER'S AGREEMENT REGARDING THE ATLANTIC PLAZA PROJECT ITEM BEFORE COMMISSION Developer's Agreement regarding the Atlantic Plaza project. BACKGROUND The Developer of the Atlantic Plaza project has requested that the City enter into the attached Developer's Agreement. Pursuant to Chapter 163 of the Florida Statutes, municipalities may enter into developer's agreements, regarding a development project, in order to assure the developer that the existing laws and regulations shall govern the development agreement. This Agreement does not affect the previously approved agreements regarding the relocation of N.E. 7th Avenue, which provides that N.E. 7th Avenue must be completed by December 29, 2016. This Agreement provides that the previously approved conditional use, site plan and waivers shall be valid for the term of the Developer's Agreement. The normal expiration dates for the conditional use approval is December, 9, 2012 and for site plan approval is April 7, 2013. Under the terms of the Developer's Agreement the approvals shall remain in effect for a period of 10 years from the date of the execution of the Agreement. The Agreement also provides that sidewalk cafes and valet parking shall be allowed, pursuant to the existing regulations. Furthermore, once a certain level of construction has been achieved, the reconstruction and relocation of NE 7th Avenue and the completion of the major structural elements for buildings 1 and 3 of Phase IIA, the project will be deemed to be vested. Once a project is vested the previously granted approvals shall be deemed to be established, thus no expiration date. This Agreement further provides for a process to be followed in the event the City wishes to terminate the agreement and allows for assignment of the agreement in whole or in part by the Developer. Under the City's LDR's, where a developer is not performing in accordance with the site plan or other approvals, the City may revoke the approval. In this case, in accordance with the Developer's Agreement, the City must find that the developer is in default of the agreement and allow the developer time to cure the default before it may terminate the agreement. The language of the Agreement also allows it to be assigned in whole or in part, of which the developer must hold, directly or indirectly, at least a 20% interest in the assigned entity. The developer may assign this agreement to any association that will be the property owner's association or to a lender as collateral without maintaining the 20% interest. Upon assignment, the original developer is released from all obligations and any default of an assigned party shall not be considered a default of the original developer. RECOMMENDATION Commission discretion DEVELOPMENT AGREEME1~rT BETWEEN CITY OF DF,LRAY BEACH FLORIDA CDS DELRAY REDEVELOPMENT, LLC and CDR ATLANTIC PLAZA, LTD. THIS DEVELOPMENT AGREEMENT ("Agreement") is enured into this day of 2011 (the "Execution Date"), by and among CDS DELRAY REDEVELOPMENT, LLC, a Florida limited liability company, with an address of b45 East Atlantic Avenue, Delray Beach, Florida ("CDS Delray"); CDR ATLANTIC PLAZA, LTD., a Florida limited liability partnership ("Plaza") and its undersigned affiliates (collectively the "Developer Parties"), and the CITY OF DELRAY BEACII, a municipal corporation and a political subdivision of the State of Florida, with an address of 10(7 NW 1st Avenue, Delray Beach, Florida 33444 {"City"). WITNESSETH: WHEREAS, the City wishes to encourage redevelopment of the properties currently surrounding and. includia~g the existing development referred to as "Atlantic Plaza", generally located at 777 E. Atlantic Avenue (collectively tl~e "Properties"); and WHEREAS, Developer Parties hold the fee simple title to the Properties as more fully legally described. within. Exhibit "A" as attached hereto and incorporated herein; and WHEREAS, the City approved a site plan and various entitlements for amixed-use project {tl~e "Project"j on the Prope~:ties, as identified within Exhibit "B" (collectively the "Approvals"); and WHEREAS, assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning; and reduces the economic costs of development; and WHEREAS, the Properties are designated Commercial Core in the Comprehensive Pla~~, and zoned as Cea7iral Business District in the Existing Zoning (as that term is defined hereinafter); and WIIEREAS, the Developer Parties and the City mutually desire that the Properties be developed as permitted in the Existing Zoning, the Comprehensive Plan and this Agreement; and IC,ITEXI"17iR7A~latluntic plaza dev. agc final veasion b-22-7 i.doc 1 WHEREAS, Section 2.4.11 of the City's Laid Development Regulations authorizes the City to enter into this Agreement, consistent with Chapter 163, Fla. Stat.; and WHEREAS, Florida Statutes Chapter 163 specifically provide for and authorize local governments to enter into Development Agreements; and WHEREAS, the City has conducted two public hearings pz-aar to entering into this Agreement, on 3uly 5, 2011 and on duly T9, 2011, bath of which. were properly noticed by publication in a newspaper of general circulation and by mailed notice to the affected property owners, in accordance with Section 163.3225, Fla. Stat. (2011} (the "Adoption Hearings"}, NOW, THEREFORE, in consideration of the mut~.ra1 covenants and agreeme~~ts hereinafter contained, the parties mutually agree and bind themselves as set forth herein.: Section 1. The parties hereby agree that the consideration and obligations recited. and provided for under this Agreement constitute substantial benefits to bath parties and thus adequate consideration for this Agreement. This covenant sha11. be binding upon, and. inure to, the benefit of the parties, their successors, assigns, heirs, legal representatives, and personal representatives. Section 2. Rules of Legal Construction. For all purposes of the Agreement, unless otherwise expressly provided: (a) A defined term has the meaning assigned to it; (b} Wards in the singular include the plural, and words in plural include the singular; (c} A pronoun in one gender includes and applies to other genders as well; (d} The terms "hereunder", ttherelntt, tthereaf, "heretOtt and sUC11 slInllar terms sha11 refer to the instant Agreement in rts entirety and not to individual sections or articles; (e} The Parties hereto agree that Chas Agreement shall not be more strictly construed against either the City or any Developer Party as all parties are drafters of this Agreement; and (f) The recitals are true and correct and are incorporated into and fnade a part of this Agreement. The attached exhibits shall be deemed adopted and incorporated into the Agreement; provided however, that this Agreement shall. be deemed to co~itrol in the event of a conflict between the attachrr~ents and this Agreement. Section 3. Definitions. A11 terms shall have the sarr~e definition as set forth in Section 163.3221, Fl.a. Stat. (2011} unless a different definition in used herein. "Agreement" means this Agreement between the City and Developer Parties. R:1T'EX J'lC3RIt1NlaElanrric playa dev. agt final version 622„ t I.doc "City" means the City of Delray Beach, a municipal corporation and. a political subdivision of the State of Florida, and all departments, agencies and instrumentalities subject to the jurisdiction thereof. "Camprel~ensive Plan" means the comprehensive plan adopted by the City pursuant to Chapter 163, Florida Statutes, which plan was in effect as of April 21, 2009. "Concurrency Requirements" and "Cancurrency" mean all those requirements imposed by Section 163.3180, Fla. Stat., in conjunction. with the applicable City Laws as of April 21, 2009, but anl.y to the extent that they relate to the City requirements, and t1~ey expressly exclude requirear~ents which may be i~a~posed by any other governmental entities or political subdivisions of the State of Florida, ar the School District of Palm Beach County, Florida. "County" means Falm Beach County, a political subdivision of the State of Florida. "Deveioprnent" means the carrying out of oily building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221{4}, Fla., Stat. {2011). The Develap~x~ent is intended to be consistent with the certified site plan, attached hereto as Exhibit "B". "Effective Date" is the date after this instrument has been approved by the City Commission aid recorded in the public records of Palm Beach. County, Florida, pursuant to Section 163.3239, Florida Statutes {201.1.). „Existing ~ar~ing" is {aj the City's Future Land Use Map designation of "Ca~ntnercial Core" for the Properties as of April 21, 2009; (b) the City's zoning map designation for the Properties of "Central Business District" as of April, 21 2009; (c} the associated City Comprehensive Plan Goals, Policies and Objectives, Land Developzn.ent Regulations, and other City Ordinances in effect as of April, 21 2009; (d} and all Approvals for the Project as set forth within Exhibit "B" "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land. "I.~aws" means all ordinances, resolutions, regulations, comprehensive plans, land development regulations, and rules adopted by a local goverC~ment affecting the development of land. „Property Interest" means any fee simple interest ar rights in the Properties. In addition, a Community Development District and/or a master property owners' association with appropriate authority relating to one or more of the Properties shall be deemed to hold a Property Interest. R.ITEXTIBRIAMailantic plazadev, agt final version 6-22-I I.dac 3 "Public Facilities" means ~~najor capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, par]cs and recreational, streets, parking and health. systems and facilities. "Site Plan" means the Certified site plan approved as of the execution of this Agreement and as set forth in Exhibit "B". The term "site plan" shall also include any site plan Certified andlor amended with the approval of the City subsequent to the execution and recordation of this Agreement. 66Univer$al Approval Expiration Date" means that date by which all Approvals shall collectively expire, unless further extended, zaotwithstanding another earlier expiration date set forth. in any specific Approval. Section 4. Purr ose. The purpose of this Development Agreement is to establish certain conditions which will result in the Developer Parties making certain significant infrastructure investments of sufficient magnitude in the City to make the Project both physically and financia]]y feasible and to freeze, as of the Effective Date, the land development regulations which will govern development of the Project. This Agreement will provide both. parties with additional certainty during the development process. Section 5. Intent. The Developer Parties and the City intend for this Agreement to be construed and implemented so as to effectuate the purpose of this Development Agreement and the purpose and. intent of the Florida Loca] Government Development Agreement Act, Section 163.3220 - 163.3243, Florida Statutes (2011}, Section G. AppliCabilit,~y; Legal DesCri tp ion. This Agreement applies only to the land located within the boundaries of the legal description as set forth and incorporated herein as Exhibit "A". Section 7. Duration and Effective Date. This Agreement shall have an initial term of ten (10) years {"Term" as such Term may be extended pursuant to this Agreement), starting from the Effective Date, and shall be recorded in the public records of Palm Beach County and filed with the City Clerk. This Agreement shall become effective on the Effective Date and shall, at that point, Constitute a covenant running with the land. Pursuant to Section 163.3229, Fla. Stat., the Term of this Agreement may be further extended beyond the initial Term by mutual consent of the City and the Developer Parties, subject to a public hearing in accordance with Section 163.3225, Fla. Stat. (2011}. Sectiae~ ~. Permitted Development Uses and Building Intensities. {a) Approvals; Site Plan. The approved site plan and entitlements for the Project (collectively the "Approvals"} are set Earth within the attached Exhibit "B". (b) Central Business District Zanin . The Properties fall within the City's Central Business District ("CBD"} zoning designation. In approving the Project, the City has determined that the uses, intensities and densities of development permitted comply with the Existing Zoning. The City hereby agrees to nnaintain and R~,1TL3XTIRREANIailanticplazadev. ngt final version 6-24-I Ldoe 4 preserve a true and accurate record of the Existing Zoning with the City Clerk and/or other custodian, which regulations are hereby incorporated herein and. ~nade a part hereof (c} Density, Intensity, Uses and Building Het hg_ts. (1} The applicable intensity, uses, and building heights are stated in the Approvals which are set forth in Exhibit "B". (2) Downzoning shall be prohibited except as set forth in Section. 12(c). Section 9. Public Facilities; Concurrency. (a} Public Facilities. As of the Effective Date, the following public facilities are able to service the Project {to be provided by the City andlor other outside agencies, as applicable}: water and sewer; streets and traffrc; drainage; parks anal recreation; open space; solid waste; and schools. (b} Co~rcurrency. The City acknowledges and agrees that during the Term of this Agreement, the Project shat] be deernzed to have satisfied the Concu~rency Requirements. {c} Public Rights-o#=Way. The City acknowledges tl~.at the Developer Parties intend to apply for approvals to make irnprovernents to SE 6"' Avenue (northbound Fedora] Highway/U.S. Highway No. l } from Atlantic Avenue north to NE ls` Street, anal to Atlantic Avenue from SE d~~ Avenue east to the Intracoastal bridge, such as lane width repaving, parallel parking, landscape buffers, street lighting, and sidewalk improvements. (d} Utilities. The Developer Parties will construct the utilities (water, sewer, power, telephone, gas, cable, drainage devices) (hereinafter "Utilities") which serve the Project consistent with the approved Composite Utility Plan required by Section 2.~.3.F of the City's Land Development Regulations. (e) Parkin Facilities. {1} In accordance with. the Approvals, the Developer Parties will. construct certain temporary and permanent parking facilities, a portion of which maybe automated {collectively the "Parking Facilities"}. {2) The Parking Facilities shall be controlled by the Developer Parties and. owned and operated by the Developer Porkies. .Notwithstanding that the Developer Parties may otherwise sell, transfer, convey, lease or License tl~e Parking Facilities to third parties, nothing herein shall be construed to release the Developer Parties from the obligation to meet the minimum off-street parking requirements of the Existing Zoning. ~~~«X-,~~t,~rA~~a~~~p~~~ ~,~a ~e~. ast Fna, ~~~s4o~~ S-Z~-, ~ ~~~ 5 {3) Construction, ownership, maintenance, operation and repair of the Parking Facilities shall be the sole obligation of the Developer Parties. It is the responsibility of the Developer Parties to obtain building permits from the City for the Parking Facilities. (4) The City hereby agrees to not charge for parking within all roads internal to the Project, including Atlantic Court and 7~~' Avenue. (5} Sidewalk Cafes. The City agrees areas marked on Exhibit "C" are eligible to receive Sidewalk Cafe Fennits as set forth in the Existing Zoning. Should the Developer Parties desire to provide Sidewalk Cafes in the Project, the Developer Parties agree to submit such required application(s) to the City which applications} shall be reviewed pursuant to the Existing Zoning, subject to the provisions of Section 21 of this Agreement. {5} Valet Parkin. a. The City agrees the Developer Parties may request at Least two (2) valet parking stations within the Project. Approval of the locations and design of the valet parking stations shall be obtained from the City's Site Plan and Architectural Review Board {"SPRAB") before implementation into the Project. b. The control acrd operation of the valet parking stations shall in no way conflict with the terms set forth in that "Agreement for the Abandonment and Relocation of NE 7~~' Avenue" previously entered into between the Developer Parties and the City on February 17, 2009. Section ~ 0. Intentionally Omitted. Section 11. Local Development Permits. A description of all local development permits approved for the development of the Project as of the Effective Date of this Agreement is set forth and incorporated herein as Exhibit "B". These Approvals, the Existing Zoning, and this Agreement establish the criteria upon which the Properties sha]] be developed during the term. of this Agreement, except as provided in Section 21. Section 12. Project Approvals. (a} Universal Approval Expiration Date. It is the intent of the parties to provide for certainty in the Project's development process to avoid waste of economic and land resources, to encourage sound capita] improvement p]ana~ing and financing, to de-escalate the cost of housing and development, and to encourage commitment to comprehensive planning. As such, the parties hereby agree that al] of the Approvals for tl~e Project, as listed herein as Exhibit "B", as amended, shall have a Universal Approval Expiration Date concurrent with t1~e expiration of this Agreement. The Universal Approval Expiration Date shall be confirmed. by R:ITEXT33RlAN1a¢lantic plaza dev_ agt 5na€ version 6-2Z-t i-dnc G the recordation of a Certificate of Universal Approval Expiration Date in th.e form attached hereto as Exhibit "D". (b) Vesting. The City hereby acknowledges and agrees that the Developer Parties have committed to mare certain infrastructure investments of such significant rnagnitude so as to make the Project both. physically and financially feasible. Pursuant to LDR Sectian 2.4.4{D} of the Existing Zoning, all Approvals shall be considered forever established and the Project vested when. improve~ncnts set forth within Exhibit "E" have been consti~zcted and reeeivcd a certificate of occupancy or equivalent final approval. {c) Prohibition on Downzonin . (1) The Approvals, Existing Zoning and this Agreement sha11 govern development of the Properties for the Term of the Agreement. The City may apply subsequently adopted laws and policies to the Project only if the City holds a public hearing and the standards sot forth in Section 163.3233{2), Fla. Stat. {2011) have been met. (2) Pursuant to Section 163.3233(3), Fla. Stat. {2011}, this prohibition does not abrogate any rights that may vest pursuant to carnrnon law. Section 13. hrtentionally Omitted. Section 14. Construction. Band. No construction bond or bonds shall be required in an amount greater than that required for any given phase of the Project currently under construction.. When such bonded improvements are co~xzpleted for any such phase, the bond or bonds shall be returned to the Developer Parties, and post- construction/maintenance bonds provided, consistent with tl~e Existing Zoning and as otherwise modified by Section. 21 of this Agreez~ent. As anew phase is to be constructed, arrangements shall be made with respect to the pasting of a new bond or bonds for the impravemen.ts associated with such phase. Section 15. Workforce Housing. (a} Sectian 4.7 of the City's Land Development Regulations provides regulations governing the inclusion of "workforce housing" into developments, as the term is defined therein. (b} Section 4.7(I} of the City's Land Development Regulations :further recognizes the City Commission's desire to establish additional. incentives to encourage workforce housing including, but not limited to, requirements to provide additional workforce housing far developments that request increases in height and/or density pursuant to Section 4.3.4(J}(4}(b} and 4.4.13(I}. (c) The City has authorized an optional increase in height far the Project based upon. the Developer Parties' inclusion of workforce ha using, as set forth. in the Approvals (the "Height Incentive"). R,1'f'1:XTIT3IL~A).~1ai3antic ylaza dev. agt final veesiot~ 6-22-I l.doc {d) Section 4.~.2.b of the City's Land Developrn.ent Regulations authorizes the Developer Parties to meet the workforce housing requirement by: (i} providing units onsite; (ii} by praviding a monetary contribution; (iii) through. delivery of offsite units; or (iv) a combination thereof. (e) Section 4.'7.2.b of the City's Land. Development Regulations further provides that the Develaper Parties may meet the workforce housing requirement in whale or in part by praviding a monetary contribution, payable to the City of Delray Beach. Housing Trust Fund (ar its successors and assignsj, in the amount of ONE HIJNIr?RED SIXTY THOUSAND and NO/100 DOLLARS ($160,000.00) for each required workforce housing unit in lieu of providing the workforce housing unit within floe Project, which monetary contribution shall be due prior to issuance of a building permit for such. phase that utilizes the Height Incentive. (f) Nothing herein shall require the Developer Parties to provide workforce housing units in the Project should the Developer Parties not elect to utilize tl~e Height Incentive or otherwise require the Developer Parties to include workforce housing in any particular phase of the Project. Section 16. Cnnsistenc with Co rehensive Plan and Land Develo meat R~~ulations. The City hereby finds that development of the approved Project, once the conditions associated with the Approvals have been. met, is consistent with the City's Comprehensive Plan and. land development regulations as of the Effective Date of this Agreement. The City further hereby affirms that its Comprehensive Plan and any plan amendments implementing or related to this Agreement have been found to be in compliance by the state land planning agency as required by Section 163.3229, Pla. Stat. (2011}. Section 17. Necessit of Com 1 in with Local Re ulations Relative to Develo ment Permits. The Develaper Parties and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term, license, or restriction in effect on the Effective Date shall not relieve the Develaper Parties of the necessity of complying with the regulation governing said. permitting requirements, conditions, fees, terms, licenses, ar restrictions. Section 1$. Reservation of Development Rights. (a) Far the term of this Agreement, the City hereby agrees that it shall permit the development of the Properties in accordance with the Existing Zoning and this Agreement. (b) Nothing herein shall prohibit an increase in the density or intensity of development permitted on the Properties consistent with Section 21 herein. (c) The execution. of this Agreement shall not be considered a waiver of, or limitation upon, the rights of the Developer, or its successors ar assigns, which may vest pursuant to common law. R^:f EYT1B12SAN1atl0.nfic plaza dev. agt loaf version fi-22-1 Ldoc Section ~ 9. Annual Review. (a) The City shall. review the development that is subject to this Agreement every 12 months, comrneneing I2 months after the Effective Date. The City shall begin the review process by giving notice to the Developer Parties, a minimum of 30 days prior to the anniversary date of the Agreement, of its intention to undertake the annual review of this Agreement. The Developer agrees to pay any reasonable costs incurred by the City for the annual reviews in an amount not to exceed Five Hundred Dollars ($500.00) per year. {b) Any information required of the Developer Parties during an annual review shall. be limited to that necessary to determine the extent to which the Developer is proceeding in good faith to comply with t11e terms of this Agreement. (c) If the City finds on the basis of competent substantial. evidence that there leas been. a failure to commply substantially with the terms of the Agreemment, the City may terminate or amend this Agreement after providing 30 days written notice to the Developer Parties and at a public hearing. The Developer Parties shall be provided a reasonable dame to cure any failure before the City may terminate or amend this Agreement consistent with Section 29. Section 20. Notices. {a) All notices, demands and requests which may or are required to be given Hereunder shall, except as otherwise expressly provided, be in writing a~~d delivered by personal service or sent by telex, telecopy, telegram, United States Registered or Certified Mail, returir receipt requested, postage prepaid, or by overnight express delivery, such as Federal Express, to the parties at the addresses and telecopy numbers listed below. Any notice given pursuant to this Agreement sha11 be deemed given when received. Any actions required to be taken Hereunder which fall on Saturday, Sunday, or United. States legal Holidays shall be deemed to be performed. timely wHen taken on the succeeding day thereafter which shall. not be a Saturday, Sunday or legal holiday. To the City: City Manager City of Delray BeacH 100 NW 1 s~ Avenue Delray BeacH, FL 33444 With a copy to: City Attorney City of Delray BeacH 200 NW 15C Avenue Delray Beach, FL 33444 To the Developer Parties: CDS Delray Redevelopment, LLC R.1T$XTIBRIANIatlantic plaza dev. agt fina3 vea'sran 6-22-1 i.doc c/o William H. Milmae CDS Intenlational Holdings, Inc. Fax: (S61) 278-6930 With copies ta: Proskauer Rose LLP 2255 Glades Road, Suite 340W Boca Raton, FL 33431 Attn: Stuart Kapp, Esq. With copies to: Weiner & Lynne, P.A. 10 SE 1~t Avenue Delray Beach, FL 33444 Attn: Jeffrey C. Lynne, Esq. {b) An.y Party to this Agreement may change its notification address(es) by providing written notification to the remaining parties pursuant to the terms and conditions ofthis section. Section 21. Requests to Amend Approvals. Nothing herein shall be deemed to prohibit the Developer Parties from requesting either existing or subsequently enacted laws, rules or regulatians to be applied to tl~e Project ("Amended Approvals"}, upon proper application by the Developer Parties to the City and subject to the procedures governing the requested Amended Approvals at the time of the application, provided the effect of any Amended Approval granted does not conflict with the laws, rules and regulations applicable to the Project at the time the application for the Amended Approvals is made. Any requested amertdrnent to the Site Plan. which the City classifies as a Class I or Class II site plan modification, or any requested a~x~end~nent which does not change the approved uses, densities, intensities or height for the Project, shall not be deemed an "an~end~r~ent" of this Agreement such as would otherwise require compliance with the public notice and hearing procedure set forth in Section 163.3225, Fla. Stat. (2011). Section 22, Exclusive Venue, Choice of Law, Sp,eci~c Performance. It is mutually understood and agreed by the parties hereto, that this Agreement shall he governed by the Iaws of the State of Florida, and any applicable federal law, both as to interpretation and performance, alyd that any action at law, suit in equity ar judicial proceedings for the enfarceinent ofthis Agreement or any provision hereof shall be instituted only in the courts of the State of Florida or federal courts and venue for any such actions shall lie exclusively in a court of competent jurisdiction in the County. In addition to any other legal rights, the City and the Developer Parties shall each have the right to specific perfaz~nance ofthis Agreement in court. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Section 23. No Oral. Change or Termination. This Agreement and the exhibits and appendices appended hereto and incorporated herein by reference, if any, constitute the entire Agreement between the parties with respect to the subject matter hereof. This Agreement R:1"1'EXTIBR7AN1at[nntic pl.ua dev_ a~+t tinnl version 6-?.3-1 f,doc 1 supersedes any prior agreements or understandings between the parties with respect to the subject matter hereof, and no change, modification or discharge hereof in whole or in part shall be effective unless such change, araodifacation or discharge is in writing anal signed by the party against whom enforcement of the change, modification. or discharge is sought. This Agreement cannot be changed or terminated orally. Section 24. Compliance with Applicable Law and Subsequently Adopted Laws. Subject to the terms and conditions of this Agreezx~ent, throughout t11c Term of this Agreement, the Developer Parties and City shall comply with. all. applicable federal, state or local laws, rules, regulations, codes, ordinances, resolutions, administrative orders, permits, policies and procedures and orders that govez~a or relate to the respective Parties' obligations and performance under this Agreement, or as they may be amended from time to time. zf stale or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms hereof, this Agreement shall be modified ar revoked as is necessary to comply with the relevant state or federal laws. Notwithstanding anything to the contrary contained in this Agreement, the City may apply subsequently adapted laws and policies to the Project in accordance with F.S. Sec. 163.3233(2} (2011). Section 25. Representations. Each party represents to the others that this Agreement has been duly authorized, delivered and executed by such party and constitutes the legal, valid. and binding obligation of such party, enforceable in accordance with its terms. Sectic~r~ 2b. Presl~m Lions Tna licable. This Agreement shall be deemed to have been drafted by bot11 the Developer Parties and the City equally and any presumptions existing in interpretation hereof against the drafter shall be inapplicable. Section 27. No Exclusive Remedies. Nn remedy or election given by any provision in this Agreement shall be deemed exclusive unless expressly so indicated. Wherever passible, the remedies granted hereunder upon a default of the other party shall be cumulative and in addition to all other remedies at law or equity arising from such event of default, except where otherwise expressly provided. Section 28. Failure to Exercise Ri hts not a Waiver: Waiver Provisions. The failure by either party to promptly exercise any right arising hereunder shall not constitute a waiver of such right unless otherwise expressly provided herein. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. Section 29. Events of Default. (a) A Developer Party shall be in default under this Agreement if any of the following events occur and continue beyond the applicable grace period: a Developer Party fails to perform or breaches any term, covenant, or condition. of this Agreement which is not cured within. thirty (30) days after receipt of written notice from the City specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within thirty (30) days, then a R.17'L'-X71BR7A\'w€lantic plaza dev, agt final version 6-22-1 I,dac 1 1 Developer Party shall not be in default if it coxxaences to cure such breach within said thirty (30} day period and diligently prosecutes such cure to completion. The City retains the exclusive right to deter~xzine, in its sole discretion, whether the Developer Party is employing good faith and diligent effort to cure such breach to completion. (b} The City shall be irz default under this Agreement if the City fails to perform or breaches any term, covenant, or condition of this Agreement anal such failure is not cured within thirty {30} days after receipt of written notice from a Developer Party specifying the nature of such breach; provided, however, that if such breach cannot reasonably be cured within.. thirty (30} days, the City shall not be in default if it commences to cure such. breach within said Thirty (30) day period anal diligently prosecutes such cure to completion. {c} It shall not be a default under this Agreement if either party is declared bankrupt by a court of competent jurisdiction. Ail rights and obligations in this Agreement shall survive such bankruptcy of either party. The parties hereby forfeit any right to terminate this Agreement upon the bankruptcy of the other party. (d} The default of any Developer Party nr successor or assignee of any portion of a Developer Party's rights hereunder shall not be deemed a breach. by any other Developer Party or any other successor or assignee of aizy portion. of the rights of a Developer Party hereunder ar any other successor or assignee. Sectinn 30. Rejnedies U on Default. (a} Neither party may terminate this Agreement upon the default of the other party until the expiration of the applicable notice and cure period set forth in this Agreement and in the event of such termination, such te~-~nination sha11 only apply to the particular party in default (i.e., specific assignee in default only). Notwithstanding the foregoing, and in accordance with Section 1b3.3235, Fla. Stat., if the City finds during the periodic review set forth in Section 19 that there has been a failure to comply with the terms of this Agreement, this Agreezxient may be revoked or modified by the City. In order to revoke or rr~odify the Agreement based upon Section 19 of this Agreement, the City's findings must be based upon substantial competent evidence. (b) Upon the occurrence of a default by a party to this Agreement not cured within the applicable grace period, the Developer Parties and the City agree that any party may seek specific performance of this Agreement, and that seeking specific performance shall not waive any right of such party to also seek monetary dazx~ages or any other relief other than tern~ination of this Agreement. Sectinn 3I. Severability. f any term or provision of this Agreement or the application thereof to any person or circwnstance shall, to any extent, hereafter be determined to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held R:ITFXT113R]ANluliana~ie p7teLa dev_ ugt ~n~l version fi42-I Ldac invalid or unenforceable shall not be affected thereby and shall continue in full force and effect. Section 32. Assignment and Transfer of Development Rights. {a) 1n accordance with Section 163.3239, Fla. Stat. (2011), the burdens of this Agreement shall be binding upon, and the bene~~its of the Agreement shall inure to, all successors in interest to the Parties hereto. (b} A Developer Party (nr any Permitted Assignee as defined herein} may, without the City's consent ar approval, assign, in whole or in part, this Agreement or any of its rights and obligations hereunder, or nay extend the benefits of this Agreement to the following persons and/nr entities: (l} To any bolder of a Property Interest in which the initial Developer Parties (or any of them} hold, directly or indirectly, no less than a twenty percent (20%} beneficial interest; (2} To a master association, ox any sub-association formed for the purpose of being a property owners' association of property within. the Project, (3} To a lender as collateral in connection with any ''financing of th.e development of the Project; (collectively, a "Permitted Assignee"). (c) Any assigni~nent of any part of this Agreement to any person or entity who does not qualify as a Permitted Assignee shall first require the prior written consent or formal approval of the City, which approval will not be unreasonably withheld, conditioned or delayed. Any assignment in violation of this section shall be deemed void and ineffective as it pertains to that assignee. {d) A11 assignees shall assume, in writing, all applicable rights and obligations under this Agreement, and deliver a copy of such assignment to the City upon its execution, as a condition of assignment. (e} Upon assignment of all or a part of this Agreement, the Developer Parties (or Permitted Assignees, as applicable} shall be released from future obligations under this Agreement with respect to the part so assigned except for liability which accrued prior to the assignment. Nothing herein shall be deemed to release any liability of any Permitted Assignee for so long as such: Permitted Assignee shall be bound hereby. (f) Notwithstanding anything to the contrary in this Section., in the event there is one or more assignments of a part or parts of this Agreement, a default by any party to this Agreement with respect to the part of the Agreement then held by such party, sha11 only constitute a defaalt of the Agreement as it pertains to the defaulting assignee. R:1'I'E~~.XT1BRiANlatlmuie plaza dev. agt final ve~~sion 6-2?-31.doc 13 Section 33. lntentionally Omitted. Section 34. Lack of A enc Relationshi Nothing contained herein shall be eonsti°ued as establishing an. agency relationship between the City and any Developer Party and neither any Developer Party nor its employees, agea~~ts, contractors, subsidiaries, divisions, or affiliates shall be deemed agents, instruzx~entalities, employees, or contractors of the City for any purpose hereunder, and the City, its contractors, agents, and employees shall not he deemed contractors, agents, or employees of any Developer Party or its subsidiaries, divisions or affiliates. Section 35. Intentionally Omitted. Section 36. Enforcement. (a} In the event that a Developer Party, its successors and/or assigns fails to act in accordance with the terms of the Existing Zoning, the City may Seel{ any relief ar remedy to which it maybe entitled. (b} Enforcement of this Agreement shall be by action against any parties or person violating, or atterr~pting to violate, any covenants set forth in this Agreement. (e} This enforcement provision sha11 be in addition to any other remedies available at law, in equity or bath. Section 37. Amendment or Tertninatian by Mutual Consent. This Agreerz~ent may not be amended or terminated during its term except by mutual agreement of the Developer Parties and, the City and as otherwise consistent with applicable law. Section 3$. Intentionally Omitted. Section 39. No Third-Party Beneficiary. No persons or entities other than. the Developer Parties and the City, their heirs, permitted successors and. assigns, shall have any rights whatsoever under this Agreement. Section 40. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original but all of which, when taken together, shall. constitute one and. the sa~r~e agreement. Section 41. Governmental Functions. (a) Even though the City has certain co~ltracri~al obligations under this Agreement, such obligations shall not relieve any person subject to this Agreement from complying with all applicable governmental regulations, rules, laws, and ordinances. (b} To the extent future approval or permission must be obtained from t1~e City, such approval. ar permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights with respect to such future approval requests. R~,1TA4XT113I21AN1atlandc plaza dev. age heal ve3sion 6-Z2-I Ldoc 14 (c) T1~e City h.as not waived its sovereign ixnmun.ity and the limits of tort liability set fortis in Section 768.2$(5}, Fla. Stat. {2011} of $100,000.00 per person and. $200,000.00 per occurrence shall. apply. {d) Any future action by City shall be without prejudice to, and shall not constitute a limit or impairment or waiver of, or otherwise affect City's right to exercise its discretion in connection with its governmental or quasi-governmental functions. Section 42. Intentionally Omitted. IN WITNESS WHEREOT, the City and the Developer Parties have caused this Agreement to be duly executed as of the day and year first above written. WITNESSES: Printed Name: Pri~~ted Name: By: CDS Group Holdings, LLC, a Florida limited liability company 13y: WITNESSES: Printed Nai~7e: Printed Name: By: William H. Milmoe, President WITNESSES: Printed Name: Printed Name: DEVELOPER: CDS DELRAY REDIEVELOPIVIENT, LLC, a Florida limited liability company William H. Milmoe, President CDR ATLANTIC PLAZA, LTD., a Florida limited partnership CITY: CITY OF DELRAY BEACH, a Florida Municipal Corporation By: Delray Historic, Inc., a Florida Corporation, its sole general partner By: Nelson S.1VIcDuff~e, Mayor R.-\TL7:'I"1~3R.tAh'latlantic plaza div. agt final versia:~ 6-ZZ-I i.duc 1 List of Exhibits Exhibit "A" - Legal Description of Properties Exhibit "B" - Description of All Local Development Permits Approved for the Project (the "Approvals") Exhibit "C" - Approved Sidewalk Cafe Locations Exhibit "D" - Certificate of Universal Approval Expiration Date Exhibit "E" - ~rr~provements Required far Vesting R:\TEX"1'113RIAN~atlanEic y~Iaza dev. ngt final vevsion Ca-22-I l.doe ~ L EXHIBIT "~a" ALL OF BLOCK 116, TOWN OF LINTON {NOW DELRAY BEACH}, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, LESS TIIE SOUTH 7.0 FEET THEREOF AND LESS THAT PORTION FOR ADDITIONAL ROAD RIGHT OF WAY FOR N.E. 6TH AVENUE {U.S. HIGHWAY NO. 1) AS RECORDED IN ROAD PLAT BOOK 2, PAGE 210, ALL BEING RECORDED IN THE PUBLIC RECORDS OF PALM BEACH COUNTY, F1.,ORIDA. TOGETHER. WITH: THAT PORTION OF N.E. 7TH AVENUE ROAD RIGHT OF WAY LYING EAST OF AND ADJACENT TO BLOCK 11 G, TOWN OF LINTON {NOW DELRAY BEACH), ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. AND: ALL OF THE PLAT OF ATLAI~7TIC PLAZA, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 50, PAGE 129, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 377,004 SQUARE :FEET OR 8.65 ACRES MORE OR LESS. EXHIBIT" "~" Exhibit "B" Descri tion of All Local Develo mutt Permits A roved i'or the 1?ro'ect (the "Approvals") Site Plan - Certified Site Plan -Approved. - Conditional Use for I~eight -Approved 1219108 by the City Commission - Abandorur~ent aa~d Offset Waiver -Approved 21 ].7109 by the City Coznanission - Site Plan and Waivers _ Approved. 3/11109 by SPRAB; 417109 by City Commission Valet Parking Stations - Valet parking leas been approved for use pursuant to Section 9(e}(6); the site plan for valet parking, once approved, is incorporated by reference into this agreement. EXHI~~T "C'° ~~ ~ 6 E 1 I vcrz~ar,~"~ov~gxvx~aao,uzo 3~ g xva ros~outixl ZC6E& ePuo~ 4toiei saoq '~~ ~ ~, a ~ FfEflrii-q9i Sl9S3 p8p1 QO{@S2`~Ot~y6435s~ ~ ~ 9 (~ [ N'~~ p o ry: `dp°~"`~° II b'Z`d'Id ~IZ2~I'b~"~Z~' jJ('j I •ou~ ° saleraossr~ pua ~ao~~ sapnu~ ~ ~ a: g N i°w~;! " -... 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J •T ~ ~ ~ - ¢u1~.~ -~= ` L ~a~(~uv=i zMZOVs _--_~- I~'N ~~ ._..~ ~~. _ ~ ~ ' ~ ~ 3 „ : H! ~ '~ E ~ 1 1 A f;~ ~3~~~ i ~ 3;S{i . i1 ~ ~ } <A I (~ ~ yF ~ „ '{, vt'nwtto EXHIBIT "®" Prepared. by and return to: R. Brian Shutt, Esq. City Attorney's Office City of Delray Beach, Florida 200 N.W. 1st Avenue Delray Beach, Florida 33444 CERTIF+~CATE OF ~,~NIVERSAL APPROVAL EXPYRATION MATE WHEREAS, the Developer Parties and the City of Delray Beach properly recorded that certain fully executed Development Agrecrnent ("Agreement") at ORB , PG ;Public Records of Palxn. Beach County, Florida, on ;and WHEREAS, the Effective Date of the Agreement is ,which date is, pursuant to the Agreement, the latter of thirty (30) days after floe Agreement has been received by the state land planning agency pursuant to Section 163.3239, Florida Statutes (2010) ar when site platy certification has been achieved; and WHEREAS, Section 12(a) of the Agreement provides that all of the Approvals for the Project (as those terms are defined therein) shat.] have a Universal Approval Expiration Date concurrent with the expiration of the Agreement, which date is ten (10) years frarn the Effective Date, and which date shall be canfin~ned by the recordation of this Certificate of Lniversal Approval Expiration Date in the Public Records of Palm Beach County, Florida. NOW, THEREFORE, the City of Delray Beach hereby records this Certificate of Universal Approval Expiration Date confirming that the Approvals for the Project shall expire ten (10) years from th.e Effective Date, which date is . IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written.. This Certificate shall not be effective unless signed by both the City and the Developer Parties. ATTEST: CITY OF DELRAY BEACH. FLORIDA By: City Clerk Nelson McDuffie, Mayor Approved as to Form: ~_ DEVELOPER PARTIES City Attorney By: Developer Parties Authorized Agent Print Natxae E~H~~~T c4~sr Vesting for the entirety of the Project will occur when the following two scopes of wank are completed: Upon the recordation by the City Engineer of that "Certificate of Substantial Completion" relating to the abandonment and relocation of NE 7th Avenue, as set forth i.n that certain Financial Guarantee & Agreement, dated February 1.7, 2U09, between the City and Atlantic Center, Ltd., as further referenced in Section l0 to that Easement Agreement (Vacated 7~h Avenue Easement) recorded in. the Public Records of Palm Beach County at ORB 23166, PG 1533, and in the form attached. thereto as Exhibit «~,,, And 2. The completion of the Phase IIA (buildings 1 and 3) load-bearing primary structural. elements, consisting of the below grade foundations, columns, walls, and other major structural campnnents, and upper level floor slabs, uppermost roof slab, main. columns, and beams, stairway and elevator structures, and other like major structural elements, considered part of what is generically associated with the "topping-out" of the primary stn.~cture. 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: June 29, 2011 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JULY 5, 2011 ORDINANCE NO.20-11 ITEM BEFORE COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will remove the current parking incentive enjoyed by restaurant uses along Atlantic Avenue from Swinton Avenue to NE/SE 5th Avenue, between the east-west alleys that are located immediately north and south of Atlantic Avenue (see attached location map). The parking requirement will be increased to be commensurate with parking requirements City-wide from 6 to 12 spaces per 1,000 sq. ft. for restaurants. BACKGROUND Restaurant uses have enjoyed a huge success in downtown Delray Beach. Attracting restaurants, along with mixed-use developments, was an intentional part of the City's rebirth from its days of blight and distress. Other incentives, including utilizing shared parking, allowing off-site parking agreements, and approval of valet service, have all helped to shape downtown to the success it has become today. In 1990, the Land Development Regulations listed a parking requirement for all uses in the Central Business District at 1 space per 300 sq. ft. and required that any parking spaces that are eliminated through redevelopment be replaced. This 1 space per 300 sq. ft. parking ratio was the requirement for restaurants at that time. In 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each 1,000 sq. ft. This was half the requirement for restaurants elsewhere in the city, where the requirement was (and remains) at 12 spaces for the first 6,000 sq. ft., and 15 spaces for each 1,000 sq. ft. over 6,000 sq. ft. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthy saturation of restaurants within certain portions of the downtown area. In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4, in particular (along Atlantic Avenue from Swinton Avenue to NE/SE 5th Avenue, between the east-west alleys north and south of Atlantic Avenue), was identified as having an abundance of restaurants, and it recommended no further conversion of retail over to restaurants. While reference to the Cluster Study and its discouragement of restaurant conversions has been made in staff reports, such proposals and conversion have continually been made. It is noted that the Cluster Study was not officially adopted, but has been referenced in other adopted documents, such as the Downtown Delray Beach Master Plan. A diversity of uses within the downtown is desired to provide customers a variety of options (dining, shopping, entertainment venues, etc.) Limiting options to "dining only" will affect the economic complexion of our downtown. Recently, there has been increased concern by the business community that too many restaurants have saturated the downtown, and that something needs to be done to incentivize new restaurants to areas where they have not currently located (West Atlantic Avenue) and to encourage other types of uses including retail opportunities. This amendment will remove the incentive for restaurants in an area where the current incentives have been extremely successful and are no longer needed. The area is along Atlantic Avenue from Swinton Avenue east to NE/SE 5th Avenue, between the east-west alleys that are located immediately north and south of Atlantic Avenue. This amendment will provide more of an incentive to retain non-restaurant uses (discourage retail conversions to restaurants) in the Central Core. This change will be followed up with additional incentives for retail retention and expansion with a combined goal to ensure there is a mix of downtown activities that include those beyond exclusively restaurants. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to remove the current incentive (reduction) enjoyed by the restaurant uses, and return them to a level commensurate with the overall city requirement, is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P&Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Since their consideration, the area has been significantly reduced. Staffwill be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made, with the comment that the area affected by this amendment be generally limited to the Central Core area between Swinton Avenue to 5th Avenue, immediately north and south of Atlantic Avenue. The area recommended by the Planning and Zoning Board is reflected in the current ordinance. RECOMMENDATION By motion, approve Ordinance No. 20-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 N0.20-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), 'SUPPLEMENTAL DISTRICT REGULATIONS", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Poard reviewed the proposed text amendment at a public hearing held on June 20, 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 detemlined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Peach adopts the findings in the Plarn~ing and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Peach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, PE IT ORDAINED PY THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.4.13, "Central Pusiness (CBD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peacl-y Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Peach Area supplemental Regulations: (a) Within that portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, skull also include the replacement of any previously required parking which maybe eliminated Within all other geographic areas of the Central Core and Peach Area within the CPD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If it is impossible or inappropriate to provide required parking on site or off-site, pursuant to Subsection 4.6.9(E)(4), the in lieu fee option provided in Section 4.6.9(E)(3) maybe applied (d) For all property located from Swinton Avenue on the west to NE /SE 5~ Avenue to the east, between Atlantic Avenue and the east-west alleys on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (I'.P. 1, P.G. 3, ,the parking requirement for restaurants is established at 12 spaces per 1,000 square feet of gross floor area up to 6,000 sa. ft. and then 15 spaces per 1,000 sa. ft. of gross floor area over the initia16,000 sa. ft., with the exception of Old School Square. The parking requirement for restaurants in the balance of the Central Core and Peach Area is established at six (6) spaces per 1,000 sq. ft. of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CPD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and 12 spaces per 1,000 square feet of gross floor area up to 6,000 sa. ft. and then 15 spaces per 1,000 sa. ft. of gross floor area over the initial 6,000 sa. ft., for restaurants and lounges within a hotel or motel on property located from Swinton Avenue on the west to NE /SE 5~ Avenue to the east, between Atlantic Avenue and the east-west alley on the north and south sides of Atlantic Avenue, as shown on the Town of Linton Plat (I'.P. 1, P.G. 3). In the balance of the Central Core and Peach Area, 2 ORD. NO. 20-11 the minimum parking requirement is six (6) spaces per 1,000 sq. ft. of gross floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: • Efficienc die ' unit 1.0 space/unit • One bedroom dwelling unit 1.25 spaces/unit • Two or more bedroom d~ellin unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as follows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and maybe centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CSD is established at one (1) space per 300 sq. ft. of net floor area. The portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CSD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Sush Plvd on the north; and 3. The portion of the CSD boundedbyS.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south ORD. NO. 20-11 (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(P): (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit may be allowed as a conditional use, subject to the required findings of Section 2.4.5(E)(5). (b) There is no restriction on repair and/or reconstruction of non conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C)(2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (e) If it is impossible or inappropriate to provide required parking on site or off-site, the in lieu fee option provided in Section 4.6.9(E)(3) maybe applied (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Poard may approve an alternate location. (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area Section 3. That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G) "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: 4 ORD. NO. 20-11 (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified hereiry apply. (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Banker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District Regulations [Subsection (G)], or provisions of the Banker's Row Development Plary whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H)(3)(e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is detemlined that compliance is not feasible and that the character of the area will be maintained If approved such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq. ft. of total new or existing gross floor area being converted to non residential use. This requirement maybe reduced to one parking space per 400 sq. ft. of gross floor area, or by at least one space, where there is a mix of residential and non residential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use, except for Lots 1 through 6 in Block 69 where 12 spaces per 1,000 square feet of gross floor area up to 6,000 s~a. ft. and then 15 spaces per 1,000 sa. ft. of gross floor area over the initia16,000 sa. ft. is required (c) Residential type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement may be reduced to one parking space per 400 sq. ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. ORD. NO. 20-11 (5) If it is impossible or inappropriate to provide required parking on site or off-site, pursuant to Section 4.6.9(E)(4), the in lieu fee option provided in Section 4.6.9(E)(3) may be collected For the purpose of this provisiony "inappropriateness" maybe considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed This exemption may only occur once per property. Section 4. 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 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed Section 6. 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 6 ORD. NO. 20-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. C. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 4.4.13, "CENTRAL BUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), `SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.4.28, "CENTRAL BUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", TO CLARIFY THE PARKING REQUIREMENTS FOR RESTAURANTS. 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 remove the current parking incentive enjoyed by restaurant uses in the CBD, CBD-RC, and OSSHAD (except in two areas: West Atlantic Avenue and Pineapple Grove Main Street, where additional redevelopment incentives are desired). The parking requirement will be increased to be commensurate with parking requirements City-wide from 6 to 12 spaces per 1,000 sq. ft. for restaurants. 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 Restaurant uses have enjoyed a huge success in downtown Delray Beach. Attracting restaurants, along with mixed-use developments, was an intentional part of the City's rebirth from its days of blight and distress. Creating other incentives, including utilizing shared parking, allowing off-site parking agreements, approval of valet service, have all helped to shape downtown to the success it has become today. In 1990, the Land Development Regulations listed a parking requirement for all uses in the Central Business District at 1 space per 300 sq. ft. and required that any parking spaces that are eliminated through redevelopment be replaced. This 1 space per 300 sq. ft. parking ratio was the requirement for restaurants at that time. In 1993, the parking requirement for restaurants within the original DDA area was increased to six (6) spaces for each 1,000 sq. ft. This was half the requirement for restaurants elsewhere in the city, where the requirement was (and remains) at 12 spaces for the first 6,000 sq. ft., and 15 spaces for each 1,000 sq. ft. over 6,000 sq. ft. This incentive was created to attract restaurant uses into the downtown. This incentive has been extremely successful and we are now experiencing an economically unhealthy saturation of restaurants within certain portions of the downtown area. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core In 2004, the City of Delray Beach Downtown Cluster Study was conducted. Cluster 4, in particular, was identified as having an abundance of restaurants, and it recommended no further conversion of retail over to restaurants. While reference to the Cluster Study and its discouragement of restaurant conversions has been made in staff reports, such proposals and conversion have continually been made. A diversity of uses within the downtown is desired to provide customers a variety of options (dining, shopping, entertainment venues, etc.) Limiting options to "dining only" will affect the economic complexion of our downtown. Recently, there has been increased concern by the business community that too many restaurants have saturated the downtown, and that something needs to be done to incentivize new restaurants to areas where they have not currently located (Pineapple Grove and West Atlantic) and to encourage other types of uses including retail opportunities. This amendment increases the required parking for restaurants to what it is in the balance of the City (12/1,000, then 15/1,000 for floor area over 6,000 sq. ft.) in the Central Core and Beach sections of the CBD. The parking requirement of 6 spaces per 1,000 sq. ft. remains unchanged for the Pineapple Grove and the West Atlantic neighborhoods. This amendment should not be characterized as an increase but more as a removal of an incentive which has been extremely successful and is no longer needed. This amendment will provide more of an incentive to retain non-restaurant uses (discourage retail conversions to restaurants) in the Central Core. This change will be followed up with additional incentives for retail retention and expansion with a combined goal to ensure there is a mix of downtown activities that include those beyond exclusively restaurants. 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 the following goals, objectives and policies support this proposed amendment: GOAL AREA "C" Blighted areas of the city shall be redeveloped and renewed and shall be the major contributing areas to the renaissance of Delray Beach. Objective C-3 The Central Business District (CBD) and surrounding neighborhoods, including A-1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Policy C-3.1 The Central Business District (CBD) Zoning District regulations shall facilitate and encourage rehabilitation and revitalization and shall, at a minimum, address the following: ^ incentives for locating retail on the ground floor with office and residential use on upper floors. By returning the parking requirement to that which is consistent with this use City-wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be 2 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. This amendment is consistent with this policy of the Comprehensive Plan. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and discussed their concern over the approach to create a disincentive for restaurants, rather than creating an incentive to achieve what is desired, which is the retention and attraction of retail. They felt that the amendment should be crafted such that it gets us what we want, rather than what we don't want. One suggestion was to evaluate the current "credit" that is given to existing retail establishments when they go about converting to restaurant use; it was suggested that they start at zero and not be given credit for "existing" spaces when those spaces may merely be grandfathered. This approach would in fact increase the parking requirement similar to this amendment. The proposed approach to remove the current incentive (reduction) enjoyed by the restaurant uses, and return them to a level commensurate with the overall city requirement, is much more defensible. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and recommended that P&Z work with CRA staff to incorporate this amendment with other parking changes such as reductions for offices, etc. There were also questions concerning whether or not doubling of the requirements was too much of a change, and if the area subject to the increase might be changed (i.e. only certain clusters). Staff will be working with the CRA staff and further incentives to encourage business diversity in the downtown. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION By returning the parking requirement to that which is consistent with this use City-wide, retail uses will become more attractive to the Central Core of the CBD. Restaurant uses will continue to be incentivized in the Pineapple Grove and West Atlantic Avenue neighborhoods. 3 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment- Restaurant Parking Requirements in the Central Core ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD- RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, 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, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD- RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, 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, By Amending Section 4.4.13, "Central Business (CBD) District", Subsection (G), "Supplemental District Regulations", Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), `Supplemental District Regulations", And Section 4.4.28, "Central Business District-Railroad Corridor (CBD-RC)", Subsection (G), "Supplemental District Regulations", To Clarify The Parking Requirements For Restaurants, 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 4 '~/~b H15 '~/~b Hl~ '~/~b aNZ ~/~ b 1ST 3'N ~ IJ ~ ri 3'N ~ W O O~ ~' `-~ J `~ J ~ n N ~ ~ b '~~b H1S '~'S w z w ~ ~ ~ Nip ~ S ~O~~~b~ '~ '~ ~ ~ ~ -~ aNZ '~'S z Q Q ~,. ~, '1S ~ '~'S N O l N I M S C~ ° 0 H Z ~' a o 0 ~ q a cn W E d 'v Y O ~ a° //W/~ VJ U a a W N ~ U Q Z ~ ~ Z z W _0 W W a ~ ~ U ~ O ~ J (~ Z Y a 0 w m w a ~~ U ~ ww ~~ m~ ~~ ~~ z Z o~ N Z ~ W Z ~ Q ~ I Q I Z W ~ ~ Z ~ ~j Z ~ Q J ~ d y m ;~~, ~~d~. ~e, i e h \_ o \~?\ I 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: June 29, 2011 SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF JULY 5, 2011 ORDINANCE NO.21-11 ITEM BEFORE COMMISSION Approval of acity-initiated amendment to the Land Development Regulations (LDRs) that will provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. BACKGROUND Payment of a fee in-lieu of providing required parking spaces is an option currently available to properties located within the CBD, CBD-RC, and OSSHAD zoning districts. Further, the parking space fee associated with this program is based upon the In-Lieu Fee District Area Number within which property is located. There are currently a number of qualifications that must be satisfied to be eligible for the City Commission to consider approval of a payment of a fee in-lieu of providing the required number of parking spaces. These qualifications are: • When additional parking is required that results from in-fill development that has been vacant for five (5) years or longer; • From a change of use; • Adding floor space to an existing building. In lieu options are specifically prohibited for the following: • New development; • For Changes of use, or increases in floor space, if either occurs within two (2) years of the granting of a Certificate of Occupancy for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the case of building additions. The City of Delray Beach Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in- lieu program, whether or not a hardship exists. The Plan notes that doing so will enable developments to participate in the shared parking pool within downtown and further enable the City's vision of a park- once downtown. This amendment would also encourage additional participation in the payment in-lieu of parking program. This amendment eliminates the current qualifications that properties must meet to be eligible to participate in the in-lieu program. It further eliminates the requirement that the City Commission find that it is either inappropriate or impossible to provide the required parking and removes the prohibition for this option for building additions which result in the elimination of existing parking spaces (any spaces that are lost would be offset by a corresponding in-lieu payment). All new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, will now have the option of requesting some or all of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, and all currently adopted City policies and/or studies. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and made a unanimous recommendation of approval. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and made a unanimous recommendation of approval. The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made, but that consideration of the following is made: That developments that are exclusively residential not be eligible; That it be found that sufficient public parking is available when considering commercial projects; - That adequate components, such as the residential component, of a mixed-use project be addressed separately. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. The Planning and Zoning Board reviewed the item at their June 20, 2011 meeting and a unanimous recommendation of approval was made. RECOMMENDATION By motion, approve Ordinance No. 21-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 N0.21-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 2.4.5, "PROCEDURES FOR OPTAINING DEVELOPMENT APPROVALS", SUBSECTION (O), "IN LIEU OF PARKING AND PUBLIC PARKING FEE REQUEST", SECTION 4.4.13, "CENTRAL PUSINESS (CBD) DISTRICT", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", SECTION 4.4.24, "OLD SCHOOL SQUARE HISTORIC ARTS DISTRICT (OSSHAD)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS," SECTION 4.4.28, "CENTRAL PUSINESS DISTRICT-RAILROAD CORRIDOR (CBD-RC)", SUBSECTION (G), "SUPPLEMENTAL DISTRICT REGULATIONS", AND SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION (E), "LOCATION OF PARKING SPACES", PARAGRAPH (3), "IN LIEU FEE"; TO CLARIFY THE APPLICAPILITY OF THE PAYMENT-IN-LIEU PROGRAM; 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 June 20, 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,l-iaas 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 2.4.5, "Procedures for Obtaining Development Approvals", Subsection (O), "In Lieu of Parking and Public Parking Fee Request", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be amended to read as follows: (O) In Lieu of Parking and Public Parking Fee Request (1) Rule: An in lieu of parking or public parking fee request must be approved by City Commission with recommendations from the Parking 1\ilanagement Advisory Board and other Boards as deemed appropriate. (2) Required Information: The following information must be submitted for an In Lieu of Parking or Public Parking Fee request: (a) Sketch Plan including current and proposed square footage. (b) Scope of work (i.e. expansion of use, change of use, new constructiory etc.). (c) Application and appropriate fee. (d) Current parking required and provided (e) Parking required and parking provided to facilitate proposal. (f) For public parking fee requests: Adjacent rights-of-way and proposed parking to be constructed (3) Procedure: Subject to Staff review and the provision of any additional information that shall be required an in lieu of parking or public parking fee request shall be processed in the following manner. (a) Receipt and certification is complete. (b) Request must comply with Sections 4.6.9(E) (3) or 4.6.9(E)(4). (c) Consideration by Parking 1\ilanagement Advisory Board and other Boards as deemed appropriate. (d) Approval by City Commission. (4) Conditions: Conditions maybe imposed pursuant to, but not limited to, Sections 4.6.9(E ) (3) ands 4.6.9(E) (4). 2 ORD. NO. 21-11 (5) Findings: The City Commission must Development Regulations, Ci ,~ Comprehensive Plan, and all currentl,~ adopted Citypolicies and/or studies. For In lieu requests, an additional finding must be made that adequate public parking options are available. For Public Parking Fee requests, an additional finding must be made that adequate public parking will be available pursuant to the requirements of Section 4.6.9(E Section 3 That Section 4.4.13, "Central Pusiness (CSD) District", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, except as modified below, the following shall also apply. (1) Central Core and Peach Area supplemental Regulations: (a) Within that portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. The parking required for the creation of new floor area, shall also include the replacement of any previously required parking which may be eliminated Within all other geographic areas of the Central Core and Peach Area within the CSD Zone District, the provisions of Section 4.6.9(C) shall apply, as further modified within this Subsection (G)(1). (b) When the parking requirements are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. (c) If ' the required parking cannot be provided on site or off-site, .. ,the in lieu fee option provided in Section4.6.9(E)(3) maybe applied (d) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. (e) The parking requirement for hotels and motels within that portion of the CPD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south is established at 0.7 ORD. NO. 21-11 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel. (f) The parking requirements for residential units in multi-family structures and mixed use buildings shall be as follows: • Efficiency dwelling unit 1.0 space/unit • One bedroom dwelling unit 1.25 spaces/unit • Taw or more bedroom dwelling unit 1.75 spaces/unit • Guest parking shall be provided cumulatively as foIlows: - for the first 20 units 0.50 spaces/unit - for units 21-50 0.30 spaces/unit - for units 51 and above 0.20 spaces/unit Within Townhouse and Townhouse type developments, parking may be provided in front of garage units provided that such parking does not result in the space for one unit impeding access to a space of the other unit. Location of Guest Parking Spaces: Guest parking spaces must be accessible to all visitors and guests and maybe centralized or located near recreational features within a development project. (g) The parking requirement for business and professional offices within the following portions of the CSD is established at one (1) space per 300 sq. ft. of net floor area. The portion of the CSD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south; 2. The portion of the CSD bounded by N.E. 5th Avenue on the west, N.E. 6th Avenue on the east, N.E. 2nd Street on the south and George Sush Slvd on the north; and 3. The portion of the CSD bounded by S.E. 5th Avenue on the west, S.E. 6th Avenue on the east, S.E. 2nd Street on the north and S.E. 4th Street on the south (2) West Atlantic Neighborhood Supplemental District Regulations: The following supplemental district regulations apply in the West Atlantic Avenue Overlay District as defined in Section 4.5.6(P): 4 ORD. NO. 21-11 (a) Commercial structures are limited to a maximum depth of 150 feet from the ultimate right-of-way of Atlantic Avenue, unless the parcel has frontage on N.W. 5th Avenue or S.W. 5th Avenue. Accessory uses such as parking areas, landscaping, and drainage retention areas may extend beyond the 150 foot limit. Establishment or expansion of structures beyond the 150 foot limit maybe allo~d as a conditional use, subject to the required findings of Section 2.4.5(E) (5). (b) There is no restriction on repair and/or reconstruction of non conforming single family residences located a minimum of 150 feet from Atlantic Avenue. (c) Six (6) parking spaces per 1,000 square feet of gross floor area are required for restaurants and one (1) parking space per 300 square feet of gross floor area is required for all other non residential uses, except hotels and motels, and business and professional offices. Parking spaces for residential uses are required at the rates established in Section 4.6.9(C) (2). (d) The parking requirement for hotels and motels is established at 0.7 of a space for each guest room plus one (1) space per 300 sq. ft. of floor area devoted to ballrooms, meeting rooms, and shops and six (6) spaces per 1,000 sq. ft. of floor area devoted to restaurants and lounges within the hotel or motel (e) If ' the required parking cannot be provided on site or off-site, the in lieu fee option provided in Section 4.6.9(E)(3) maybe applied (f) Parking areas and accessways to parking lots must be located to the rear of commercial structures that have frontage on Atlantic Avenue. Where locating parking to the rear of the structure is impossible or inappropriate, the Site Plan Review and Appearance Board may approve an alternate location (g) The parking requirement for business and professional offices is established at one (1) space per 300 sq. ft. of net floor area. Section 4 That Section 4.4.24, "Old School Square Historic Arts District (OSSHAD)", Subsection (G), "Supplemental District Regulations," of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (G) Supplemental District Regulations: Supplemental district regulations as set forth in Article 4.6, except as modified herein, apply. (1) Parcels located along N.E. 1st Avenue between N.E. 2nd Street and N.E. 3rd Street (Parker's Row) shall comply with either provisions of Article 4.6 of these Supplemental District ORD. NO. 21-11 Regulations [Subsection (G)], or provisions of the Banker's Row Development Plan, whichever is more permissive. (2) The perimeter landscaping requirements of Section 4.6.16(H) (3) (e) shall not apply. (3) All parking, except for single family homes and duplexes, shall be located in the side or rear yard or adjacent to a rear alley. No such parking shall be located in the area between any street and the closest building or structure. Where there are existing buildings or structures, the Historic Preservation Board may waive this requirement during the site plan review process, provided that it is determined that compliance is not feasible and that the character of the area will be maintained If approved such parking shall be substantially screened from off-premises view by a hedge or decorative fencing. (4) Parking Requirements: (a) All non residential uses, with the exception of restaurants, and business and professional offices, shall provide one parking space per 300 sq.ft. of total new or existing gross floor area being converted to nonresidential use. This requirement maybe reduced to one parking space per 400 sq.ft. of gross floor area, or by at least one space, where there is a mix of residential and nonresidential use in the same structure. (b) Restaurants shall provide six spaces per one thousand square feet of total new or existing floor area being converted to restaurant use. (c) Residential type inns shall provide one parking space per guest room/unit. Other accessory uses shall be calculated separately based upon square footage of the use area as provided for in subsections 4.4.24 (G) (4) (a) and (b) above. (d) Business and professional offices shall provide one (1) space per 300 sq. ft. of total new or existing net floor area being converted to office use. This requirement maybe reduced to one parking space per 400 sq.ft. of net floor area, or by at least one space, where there is a mix of residential and office use in the same structure. (5) If ' the required parking cannot be provided on site or off-site, or it is i ust inappropriate to provide it on sit , , the in lieu fee option provided in Section 4.6.9(E)(3) may be collected For the purpose of this provisiony "inappropriateness" maybe considered in relationship to the historic character of this zone district. (6) When the parking requirements of Section 4.6.9(C) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of 6 ORD. NO. 21-11 only one new parking space, a one space exemption shall be allowed. This exemption may only occur once per property. Section 5 That Section 4.4.28, "Central Pusiness District-Railroad Comdor (CSD-RC)", Subsection (G), "Supplemental District Regulations", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (G) Supplemental District Regulations: In addition to the supplemental district regulations as set forth in Article 4.6, the following shall apply. (1) When the parking requirements of Section 4.6.9(E)(4) are applied to either new development, expansion of an existing use or a change in use, which results in the requirement of only one new parking space, a one space exemption shall be allo~d. This reduction may only occur once per property. (2) If ' the required parking cannot be provided on site, or off-sit .. ,the in lieu fee option provided in Section 4.6.9(E)(3) maybe applied (3) The parking requirement for restaurants is established at six (6) spaces per 1,000 square feet of gross floor area. Section 6. That Section 4.6.9, "Off-Street Parking Regulations", Subsection (E ), "Location of Parking Spaces", Paragraph (3), "In lieu Fee", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (3) In Lieu Fee: E~All new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, have the option of requesting some or all of the parking spaces to be approved by the City Commission through the payment in lieu of parldngTgram. Before granting such approvals, the City Commission must find that adequate public parking options are available and that the request is 7 ORD. NO. 21-ll consistent with the Land Development Regulations, Ci ,~ Corr~rehensive Plan, and all currently adopted Citypolicies and/or studies. 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, incompliance with the Supplemental District Regulations provisions therein. (b) Arrangements for payment shall be approved by the City Commis.5ion at the time of the approval of the in lieu fee. The fee amount shall be based upon the location of the properly for which in lieu fees are being sought. Area descriptions and corresponding fee amounts are hereby established as follows: (See 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 Est 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 691ocated 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 Flock 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. 21-11 _-~.__ ...................___ v ~ ____~ ~~ ~( ~_ 1~--r _,_ .__- ---- _____M,a3,v_----,- - , __ -~ -- n w a _ __ m , _r ~,a~ i~ : ,., ~ - ~~ o 0 . _ _ a ~ o ~~ ~ _ ~ ~ - _ _ .__ _ ~ -' ~ ~11 u . ~~ =_~~~ - T]~ ~ ~ ~ ~ ~ ~3C a _ ~~ ___, ,- ~ ~--_ ~, ~ w-- _,~ ~ ---- ~ '~ k :~ O H M ~ ~ ----- ~~ -- ~ ~ ~_r~__:f~ ~ ~~ -~-----,-- ~ e, ~; I b0 ~Vt1AN J f ____ ~ L __',- r ~~ ~_____ ~ma JLbM C ~_ _ ~ ~II II ''yII}I ~~ n 4 i __ ~ r it ~~m J V r.a (~ m ¢ ~ ~ _, _ _ ~ __~ _ V _ ~ m ` ug Q' ~ ~ ~ ' _ -, ~ ~ -_-. Q J ° ¢ ~ iw __,. - -~ - - I ~ -~ __. __ _- _.~ __ - ~ - _ Q a M ~ ~. i _. - _ ~ _ - w J _ __..___ _~ - - ~ a ~ I ~---^- J I r _~ L ~ L~_ J ..., ~ W d J J o ~ ~ - ~ ~ ~ ~ C, ~ u o, ~ J ~' . J < r _ " ~,. o.. ,- ~, o i z. .. ~ _ ., _ ; - .~ L _- ~ ~ - ~ ~.. ________,. ..,.. ~ ."+!o-_. V m a ~ t ~ ~ - ,~ - _- ~ ~ i I ~ z~ ~ ~a~,. - ~ a T -~, u~ z _~o& a L _ ~ I ~ w LL~ W r . ~~ I ~ -- aw m ° > ~ ~~ ~_ w z ~o o o ~ 'r z Q h ...,,,. ,e_ ~ __f_,._ _,_._....__-__~- y _.___ -_____--_____.- -. v ¢ d O I I ORD. NO. 21-11 (c) All proceeds from such a fee shall be used for parking purposes (d) For properly 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 prior to or upon issuance of a build permit. Such agreement shall be recorded with the Public Records Office of Palm Seach County, Florida. The obligations imposed by such an In Lieu of Parking Fee Agreement 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 attoreys 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 a three-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 Commission. The applicant will be credited up to one- hakf 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 resukting 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 Development Regulations at the time payment is made for spaces required to accommodate the associated site plan or site plan modification. 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 10 ORD. NO. 21-11 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 MAYOR City Clerk First Reading Second Reading 11 ORD. NO. 21-11 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: JUNE 20, 2011 AGENDA NO: IV. D. AGENDA ITEM: CONSIDERATION OF ACITY-INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 2.4.5 (O), "IN-LIEU OF PARKING AND PUBLIC PARKING REQUEST", SECTION 4.6.9, "OFF-STREET PARKING REGULATIONS", SUBSECTION 4.6.9(E)(3), "IN-LIEU FEE", AND OTHER RELATED SECTIONS, TO CLARIFY THE APPLICABILITY OF THE PAYMENT IN- LIEU PROGRAM. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding acity- initiated amendment to Land Development Regulations (LDRs) that will provide additional opportunities for property owners to voluntarily participate in the payment in-lieu of parking program. 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 Payment of a fee in-lieu of providing required parking spaces is an option currently available to properties located within the CBD, CBD-RC, and OSSHAD zoning districts. Further, the parking space fee associated with this program is based upon the In-Lieu Fee District Area Number within which property is located. There are currently a number of qualifications that must be satisfied to be eligible for the City Commission to consider approval of a payment of a fee in-lieu of providing the required number of parking spaces. These qualifications are: When additional parking is required that results from in-fill development that has been vacant for five (5) years or longer; From a change of use; Adding floor space to an existing building. In lieu options are specifically prohibited for the following: ^ New development; ^ For Changes of use, or increases in floor space, if either occurs within two (2) years of the granting of a Certificate of Occupancy for new development. The current LDRs mandate that the City Commission make a finding that it is impossible or inappropriate to provide the required number of on-site or off-street parking spaces, and that no parking spaces are to be eliminated in the case of building additions. Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking The City of Delray Beach Parking Management Plan dated August 2010 recommends that the parking in-lieu program be expanded to provide property owners the option to voluntarily participate in the in-lieu program, whether or not a hardship exists. The Plan notes that doing so will enable developments to participate in the shared parking pool within downtown and further enable the City's vision of a park-once downtown. This amendment would also encourage additional participation in the payment in-lieu of parking program. This amendment eliminates the current qualifications that properties must meet to be eligible to participate in the in-lieu program. It further eliminates the requirement that the City Commission find that it is either inappropriate or impossible to provide the required parking and removes the prohibition for this option for building additions which result in the elimination of existing parking spaces (any spaces that are lost would be offset by a corresponding in-lieu payment). All new development, use conversion to existing buildings, building additions and/or renovations, that result in the requirement to provide new parking or additional parking, will now have the option of requesting some or all of the parking spaces to be approved by the City Commission through the payment in-lieu of parking program. Additional language is added that the City Commission must find that adequate public parking options are available and that the request is consistent with the Land Development Regulations, City Comprehensive Plan, all currently adopted City policies and/or studies, and additionally, the Downtown Delray Beach Cluster Analysis. 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 the following objective supports this proposed amendment: Future Land Use Element Objective A-5 states that "the City shall maintain its Land Development Regulations, which shall be regularly reviewed and updated, to provide timely, equitable and streamlined processes including, but not limited to, building permit processes for residential developments and to accommodate mixed-use developments, and other innovative development practices." This LDR text amendment is supported by this Comprehensive Plan objective and will implement one of the recommendations of the Delray Beach Parking Management Plan. REVIEW BY OTHERS The Pineapple Grove Main Street (PGMS) committee reviewed the item at their June 1, 2011 meeting and made a unanimous recommendation of approval. The Community Redevelopment Agency (CRA) reviewed the item at their June 9, 2011 meeting and made a unanimous recommendation of approval. 2 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking The Downtown Development Authority (DDA) reviewed the item at their June 13, 2011 meeting and a recommendation of approval was made, but that consideration of the following is made: That developments that are exclusively residential not be eligible; That it be found that sufficient public parking is available when considering commercial projects; That adequate components, such as the residential component, of a mixed-use project be addresses separately. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their June 14, 2011 meeting and a recommendation of approval was made. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: ^ Neighborhood Advisory Council ^ Progressive Residents of Delray (PROD) Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment implements one of the recommendations of the City of Delray Beach Parking Management Plan of August 2010. While the fee in-lieu of providing parking program will remain as a viable option for development, it will now have greater opportunities for voluntary participation with adoption of this ordinance. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, 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, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off-Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, 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). 3 Planning and Zoning Board Meeting, June 20, 2011 LDR Amendment-Fee In-Lieu of Parking RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, by Amending Section 2.4.5 (O), In-Lieu of Parking and Public Parking Fee Requests, Section 4.6.9, "Off- Street Parking Regulations", Subsection 4.6.9(E) (3), "In-Lieu Fee", and the Supplemental District Regulations of Section 4.4.13 Central Business District, Section 4.4.24 Old School Square Historic Arts District, and 4.4.28 Central Business District-Railroad Corridor District, 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 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: June 29, 2011 SUBJECT: AGENDA ITEM 12.C. -REGULAR COMMISSION MEETING OF JULY 5, 2011 ORDINANCE NO.23-11 ITEM BEFORE COMMISSION Consideration of aCity-initiated amendment to the Land Development Regulation Sections 2.4.3(K)(1) to provide for increases in certain existing development application fees. BACKGROUND During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Accordingly, fee increases and adjustments have been made every two years. The last overall fee schedule adjustment was approved by the City Commission on August 4, 2009 by Ord. 33-09. That amendment provided fora 5% increase in most of the development application fees, established four new fees and modified the sliding fee structure for site plans, master plans and plat applications and added a sliding fee based on floor area for non-residential or mixed-use projects and a sliding fee for larger residential projects based on the number of units. Upon review of the fee schedules for Palm Beach County, the City of Boca Raton, the City of Boynton Beach and the City of West Palm Beach, the City of Delray Beach still remains at the low end of the fee schedules, and, with a few noted exceptions, an increase of 5% is justified. Where the fees have been increased they have been rounded up in increments of five dollars ($5.00). No fee adjustments are proposed for Rezoning and SAD Modification petitions as the current fees are comparatively consistent with adjacent municipalities. Further, as significant increases were made to the Beach Overlay Review fee in 2008 and 2009 no additional increases are proposed with this amendment. Finally, the Class I and Class II site plan fees are noted to be significantly lower than those of the adjacent municipalities. While the proposed fees within these categories have been increased above 5%, the proposed fee increase is significantly less than the average fees assessed by other municipalities shown on the attached rate comparison. An increase of approximately 10% to the base fee is recommended for the Class V site plan category. Additional background and analysis is provided in the attached Planning & Zoning Board Staff Report. REVIEW BY OTHERS The text amendment was considered by the Planning and Zoning Board on June 20, 2011. No one from the public spoke on the issue. The Board recommended approval on a 6 to 1 vote (Al Jacquet dissenting), 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. RECOMMENDATION By motion, approve on first reading Ordinance 23-ll for a City initiated amendment to the Land Development Regulations Section 2.4.3(K)(1), to provide for increases to certain existing development application fees, by adopting the findings of fact and law contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. Attachments: Ordinance No. 23-ll Planning and Zoning Board Staff Report of June 20, 2011 ORDINANCE N0.23-11 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY PEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, PY AMENDING SECTION 2.4.3, "SUBMISSION REQUIREMENTS", SUBSECTION 2.4.3(x), "FEES", PARAGRAPH (1), "DEVELOPMENT APPLICATIONS"; TO MODIFY THE DEVELOPMENT APPLICATION FEES; 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 June 20, 2011 and voted 6 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,l-iaas 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 2.4.3, "Submission Requirements", Subsection (K), "Fees," Paragraph (1), "Development Applications", of the Land Development Regulations of the Code of Ordinances of the City of Delray Peach, Florida, be amended to read as follows: (K) Fees: Processing fees shall be collected for development applications. The fees shall be as established herein and as modified by ordinance of the City Commission. (1) Development Applications: The following fees shall be charged for development applications. All fees are cumulative and separate unless otherwise indicated Combined applications shall provide multiple fees. (a) Comprehensive Plan Amendment $ 2~ 2,760 (b) Review of a ADA/DRI $ 0 Modification of a DRI $ 0 (c) Voluntary Annexation with Zoning (d) Rezoning of Land (e) Modification of a SAD Ordinance to add a use or uses (f) Conditional Uses, New Application Modification requiring Board Review (g) Master Plans Master Plan Modification (h) Formal review of a Sketch Plan [Section 2.4.1(P)] (i) Similarity of Use (j) Site Plan Review Class I (Non Impacting Modification) Class II (Non Impacting with Soard Review) Class III (NTinor Modification) Class IV (Major Modification) Class V (New Submission) (k) Extension requests for a previous conditional use, site plan or master development plan Class I Site Plan Modification Class II Site Plan Modification Class III Site Plan Modification Class IV Site Plan Modification Class V Site Plan Master Development Plan Master Development Plan modification Conditional Use Conditional Use Modification Certificate of Appropriateness for Minor Development $ ,~ 1,220 (4) $ 2,100 $ 2,100 $ ,~ 1,655 $ ~I9 675 $ 4~5 1,400 (1) (5) $ ~I9 675 $ X29 340 $ 4~ 200 $ 249 400 $ ~9 610 (1) $ ~ 1,010 (1) $ 4~5 1,400 (1) (12) $ ~ 65 $ 429 130 $ 2~9 305 $ 45-5 480 $ X49 675 $ ~I9 675 (5) $ X99 830 $ 329 340 $ 39 35 2 ORD. NO. 23-ll Certificate of Appropriateness for Major Development $ ~9 295 (1) Plats NTinor Subdivision $ ~9 1,010 (1) Major Subdivision $ ~9 2,020 (1) Plat Recording Fee (3) (m) Abandonments Right-of-way $ 790 830 General Easements $ X99 410 Specific E asements $ 4~-5 205 (n) Master Sign Program $ 4~9 170 (o) Variances Board of Adjustment $ ~5 555 Historic Preservation Board $ ~ 265 (p) Formal interpretation by the Board of Adjustment (per item) $ ~5 70 (q) Certificate of Appropriateness byBoard (14) NTinor Development $ ~9 65 (2) Major Development $ ~5 585 (r) Certificate of Appropriateness byStaff $ 0 (13) (s) Request for Historic Designation $ f 9 65 (per property) Request for Q-iange of Historic Designation or Classification $ ~9 65 (per property) (t) Hearing before the Soard of Adjustment (per item) $ ~5 70 (u) Temporary Use Request involving City Commission $ 449 150 Action (v) Water Service Agreement Request - - without concurrent site plan $ 449 150 - - with concurrent site plan $ 0 (w) Land Development Regulations Text Q~ange $ 4~5 1,655 (x) Waivers and Internal Adjustments $ 449 150 per request (6) $ ~ 280 per request (7) (y) Appeals by Applicant $ ~5 375 (8) 3 ORD. NO. 23-ll (z) Adverkising (9) (aa) Zoning Verification Letter Interpretation of existing LDRs $ ~9 65 Requiring Research for Previous Development Activity $ X39140 plus $35 per hr in excess of 2 hrs (bb) North Peach/Seagate and Ocean Neighborhood $ 1,560 (1) Overlay District Review (cc) Application Fee for In Lieu Of and Public Parking Fee $ 249 255 (10) Requests (dd) Ad Valorem Tax Exemption (Review Concurrent with COA Review) $ 0 Ad Valorem Tax Exemption (Review after CO received for approved development) $ ~9 65 (ee) Re-submittal Fee will be charged on the 3rd and $ 299 210 (15) subsequent re-submittals (ff) Legal Review of Documents (per document) $ X59 160 (gg) Applicant's request for Postponement/Continuance (per request) $ ~ 80 (hh) Stand Alone Pars (per request) $ 59 55 (ii) Automatic Extension Requests (per Senate Pill 360) $ 499 105 (12) NOTES: (1) Plus an additional fee of $100 per acre, (or fraction thereof), begirn~ing at 3.01 acres; or $100 for each new 10,000 sq. ft. (or fraction thereof) above 100,000 sq. ft. of non residential or mixed use floor area; or $50 for each new 10 residential units (or fraction thereof) above 100 units, whichever is greater, up to a maximum of $3,000 per project. (2) This fee shall be credited against any other processing fee which maybe applicable to the request. (3) $30.00 for the first sheet of the plat, $15.00 for each additional sheet, or as modified from time to time by Palm Peach County, payable to Palm Peach County. (4) Fee may be waived by the City Manager, for properties that have already been developed, or for sites under one (1) acre in size. (5) Same fee that would apply for site plan modification (6) For requests made during the site plan /master plan review process. (7) For requests made subsequent to the site plan /master plan reviewprocess. (8) Includes appeals of both administrative decisions and Poard actions. 4 ORD. NO. 23-ll (9) The Applicant shall be responsible for all advertising fees including newspaper publications. The applicant shall provide pre-addressed envelopes with the required postage for mailed notices. If the required advertising fees are not paid at least four days (4) prior to the hearing, the presiding body, shall postpone action on the application until such fees are paid In the event such postponement results in additional mailing or publication costs, the applicant shall be responsible for the additional fees. (10) If approved this fee will be credited toward the associated site plan modification. (11) Recording fees of any documents shall be paid by the Applicant. (12) Two fees are required if both a Conditional Use and Site Plan or Site Plan Modification are being extended for one project. (13) There is no fee if the item is listed as an application permitted for Staff approval. (14) Certificates of Appropriateness not associated with a Site Plan, Site Plan Modification, and/or Conditional Use. (15) Re-submittal fees are only assessed if the 3rd and subsequent re-submittals are required because initial technical comments were not addressed in previous submittals and are not a result of new comments or revised proposals necessitated by staff comments. 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 City Clerk First Reading Second Reading MAYOR ORD. NO. 23-ll PLANNING AN©ZONING BOARD MEMORANDUM STAFF REPORT MEETING OF: JUNE 20, 2011 AGENDA NO: IV,F. AGENDA ITEM: AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS SECTION 2.4,3(K}(1} TO PROVIDE FOR AN INCREASE IN THE DEVELOPMENT APPLICATION FEES, ~~ ITEM 13EFQRE THE BOARD The item before the Board is #hat of making a recommendation to the City Commission regarding an amendment to the Land Development Regulations (LDRs) to increase the land development application fees pursuant to LDR Section 2.4.5(M). 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. W BACKGROUNI] AND'ANALYSIS This amendment is to Section 2.4.3 (K)(1) which outlines the current fee schedules for "Development Applications". During the process to change the fee schedule in 2003, the City Commission directed staff to process changes as needed every two years. Accordingly, fee increases and adjustments have been made every two years. The last overall fee schedule adjustment was approved by the City Commission on August 4, 2009 by Ord. 33-09. That amendment provided fora 5% increase in most of the development application fees, established new fees for legal review of documents, requests for postponement or continuation at the Board meeting by an applicant, a re-submission fee after the second revision, and a fee for "stand alone" bars requests. ft should be noted that no fee increases were applied to developments within historic districts or for individually designated historic properties. Ordinance 33-09 also modified the sliding fee structure for site plans, master plans and plat applications and adds a sliding fee based on floor area for non-residential or mixed-use projects and a sliding fee for larger residential projects based on the number of units. Development Application Fees A review of the application fees assessed by adjacent municipalities and Palm Beach County reveals that the City of Delray Beach still remains at the low end of the fee schedules in comparison #o our neighboring municipalities. With a few noted exceptions, an increase of 5% is justified. Where the fees have been increased they have been rounded up in increments of five dollars ($5.00}. This increase would place the City of Delray Beach's fees comparatively closer (slightly lower in most cases) to the fees charged by the adjacent municipalities. Exhibit "A" provides a comparative overview of the fee schedule of Palm Beach County, the City of Boca Raton, the City of Boynton Beach and the City of West Palm Beach. The comparative overview attempts to equate the fee schedules that mast closely reflect the development activities Planning and Zoning ~ : f Report - .tune 20, 2011 LDR Text Amendment -Land Development Application Fees identified. It is noted that there are several variables including sliding fees based on number units, acreage square footages of buildings, differing fees based on geographic locations etc. which have not been identified in the table. Exhibit "A" also shows an overall average fee, the proposed fee schedule and the resulting difference with the proposed increase. No fee adjustments are proposed for Rezoning and SAD Modification petitions as the current fees are comparatively consistent with adjacent municipalities. Further, as significant increases were made to the Beach Overlay Review fee in 2008 and 2009 no additional increases are proposed with this amendment. It is Hated that for Palm Beach County there is a significant difference in the range in fees for Comprehensive Plan Amendments and Conditional Uses, which, when included skews those average fees higher. When adjusted to exclude Palm Beach County, the average fee for a Comprehensive Plan amendment is $2,517 and $1,918 for conditional uses. While the proposed increase for a Comprehensive Plan amendment is slightly above the average fee cited above ($2,571}, it still remains well below the fees assessed by the City of Boca Raton and West Palm Beach. The proposed conditional use fee of $1,655 continues to be below the average fee of $1,918 as Hated above. Finally, the Class I and Class II site plan fees are noted to be significantly lower than those of the adjacent municipalities. While the proposed fees within these categories have been increased above 5%, the proposed fee increase is less that 50% of the average of the fees assessed by other municipalities. Aten (10%) increase in the base fee is recommended for the Class V site plan category. Pursuant to LDR 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. While the amendment does not specifically further the Goals, Objectives, and Policies of the Comprehensive Pian, it is not inconsistent with them. REUtEW BY OThlERS` Caurfesy Nofices: Courtesy notices were provided to the following homeowner and civic associations: Neighborhood Advisory Council Delray Citizens Coalition ^ Chamber of Commerce Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. RECOMIVIENDED ACTION By motion, recommend to the City Commission approval of the amendments to the Land Development Regulations Section 2.4.3(K}(1) regarding proposed increases to the Land Development Application Fees, by adapting the findings of fact and !aw contained in the staff report and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. 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