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06-22-04 Agenda Reg
City of Delray Beach Regular Commission Meeting Tuesday, June 22. 2004 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Commission Chambers Delray Beach City Hall 100 NW 1st Avenue Delray Beach, Florida 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. BIGN 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. The City will famish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Randolph at 243- 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive hstening devices are available for meetings in the Commission Chambers. 2. 3. 4. 5. ROLL CAt.t.. INVOCATION. PLEDGE OF ALT.EGIANCE TO THE FLAG. AGENDA APPROVAL. APPROVAL OF MINUTES: June 8, 2004 - Regnhr Meeting June 15, 2004 - Special Meeting PROCLAMATIONS: · NONE PRESENTATIONS: · Expanding & Preserving Our Cultural Heritage (EPOCH) Grant Fund Request CONSENT AGENDA: City Manager Recommends Approval. SERVICE AUTHORIZATION NO. 99-07/ARCADIS/LNW: Approve Service Authorization No. 99-07 to Arcadis/LNW in the amount of $74,100.00 for the des'zgn of converting S.E./N.E. 1st Streets between Sw'mton Avenue and East 6~ Avenue from one-way to two-way streets. The Community Redevelopment Agency (CRA) has agreed to pay for the design of this project. Funding is available from 334-3162-541- 65.88 (S.E./N.E. 1st Street/One Way Pairing). SERVICE AUTHORIZATION NO. P-01/CURRIE SOWARDS AGUILA ARCHITECTS: Approve Service Authorization No. P-01 to Currie Sowards Aguila Architects in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). VENDOR AGREEMENT/SERVICE AUTHORIZATION NO. 1/GARY MOORE: Approve a Vendor Agreement and Service Authorization No. 1 to Gary Moore in the amount of $68,000.00 for the design and installation of art improvements along West 5~h Avenue from S.W. l" Street to N.W. 2"d Street (Martin Luther King Boulevard). The Community Redevelopment Agency (CRA) has agreed to pay the cost of this service authorization. Funding is available from 334-3162-541-65.83 (General Consm~ction Fund/N.W./S.W. 5~' Avenue/S.W. l" Street to N.W. 2nd Street). 06-22-2004 SERVICE AI. JTHORIZATION NO. P-01/BOY SCOUT HUT PARK/KIMLEY-HORN AND ASSOCIATES. INC.: Approve Service Authorization No. P-01 to Kimley-Hom and Associates, Inc. in the amount of $29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park). AGREEMENT/GULF STREAM COUNCIL. INC.: Approve an agreement in the amount of $11,000.00 between the City and Gulf Stream Council, Inc. (BSA) to sponsor a Cub Scout Program at the Village Academy Elementary School. Funding is available from 118-1974-554-49.90 (Other Current Charges/Neighborhood Association). THIRD AMENDMENT TO THE TRIPARTITE AND INTERLOCAL AGREEMENT/DELRAY BEACH LIBRARY: Approve the Third Amendment to the Tripartite and Interlocal Agreement between the City, the Community Redevelopment Agency, and the Delray Beach Public Library Association, Inc. modifying the date of construction, date of deposit, and requiring the library to meet the terms and requirements in the technical assistance advisement request and response. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period June 7, 2004 through June 18, 2004. H. AWARD OF BIDS AND CONTRACTS: · NONE REGULAR AGENDA: MUNICIPAL GOLF (~OURSE MANAGEMENT AGREEMENT/B_ICE. INC.: Consider approval of a revised agreement between the City and BJCE, Inc. to provide for management services at the Municipal Golf Course and the Lakeview Golf Course for the period October 1, 2004 through September 30, 2009. TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN & ASSOCIATES: Consider approval of a revised agreement between the City and Dubin & Associates for management ser~mes at the Delray Beach Tennis Center for the period October 1, 2004 through September 30, 2009. REOUEST FOR IN-LIEU PARKING SPACES/THE ASCOT BUILDING: Consider a request from The Ascot Building for the purchase of five (5) in-lieu parking spaces in the amount of $30,000.00 and the construction of seven (7) on-street parking spaces in the adjacent right-of-way. The Ascot Building is located on the southwest comer ofN.E. 1~ Avenue and N.E. 2"d Street. (Qnasi-JnclicialHeadng) 06-22-2004 APPEAL OF THE HISTORIC PRESERVATION BOARD'S DECISION ASSOCIATED WITH ASCOT OFFICE: Consider a request to appeal the Historic Preservation Board's action associated with a Class V site plan for the Ascot Office, located at the southwest comer of N.E. 1s~ Avenue and N.E. 2nd Street. Judicial Hear~g) REOUEST FOR IN-LIEU PARKING SPACES/HANDELSMAN YELLOW BUILDING; Consider a request from Handelsman Yellow Building a/k/a the Blank House for the purchase of six (6) in-heu parking spaces in the amount of $72,000.00. The Blank House is located at 85 S.E. 6~h Avenue. (Qnasi-Jndicial Heating) CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION COMPANY. INC.: Consider approval of a contract award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8) foot high screen walls along two (2) property lines of the Atlantic High School site in compliance with City obligations under agreements with Temple Sinai and the Coral Trace Homeowners Association. Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES: Consider approval of contract awards, via joint bid with the City of Boynton Beach, in the estimated annual amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; Bound Tree Medical; and second lowest bidder, Tri-Anim Health Services for medical/drag supphes for the Delray Beach Fire-Rescue Department. Funding is available from 001- 2315-526-52.20 (General Operating Supplies). OFFER OF JUDGMENT/PROPOSAL FOR SETTLEMENT IN LAURI RI~HMAN v. CITY OF DELRAY BEACH. GARY MILLER. FOGHT ENTERPRISES AND GLM REMODELING: Consider approval of an Offer of Judgment/Proposal for Settlement in the amount of $15,000.00 in Laud Richman v. City of Delray Beach, et al. DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE: Designate the voting delegate to the Florida League of Cities' 78th Annual Conference to be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. AGREEMENT/BLUEFISH CONCIERGE: Consider approval of an Offer of Settlement in the amount of $5,000.00 regarding a contract between the City and Bluefish Concierge. APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY: Appoint one (1) member to the Downtown Development Authority for a three (3) year term ending July 1, 2007. Based on the rotation system, the appc~mtment will be made by Commissioner Levinson (Seat #3). 06-22-2004 10. PUBLIC HEARINGS: ORDINANCE NO, 14-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance mending the Land Development Regulations by repealing Secfons 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program", and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and amending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign permits. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITTAL HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use Map (FLUIV0 amendments, and authorize transmittal to the State Department of Community Affairs. Amendment 2004-02 includes: 1. Text Amendments: Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest N(lghborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Adantic Avenue and S.W. 2"a Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element - Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes; Public Fa(flities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; i. Conservation Element - Revisions addressing projected water needs and som:ces 06-22-2004 considering the South Florida Water Management District's Lower East Coast Water Supply Plan; Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; Capital Improvement Element - Modify Table CI-CIP (S-Year Capital Improvements Schedule for Projects>S25,000) to reflect implementation of the new $24 million Parks and Recreation Bond; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; p. Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recendy amended Interlocal Agreement · Add definition for "First FTE Student Count" to definitions section · Amend Policy A-I.1 dealing with the level of service standard · Amend Policy A-3.1 dealing with intergovernmental coordination 2. Future Land Use Map Amendments: Privately initiated Future Land Use Map (FLUM) Amendment from LID (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. 10~ Street. b. City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12~ Avenue (1200 Block) within the West Atlantic Avenue Overlay District. 06-22-20tM 11. 12. 13. ORDINANCE NO. 26-04: An ordinance amending Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by mending Section 132.09, "Skateboarding and the like Prohibited", to provide certain areas in which skateboarding shall be prohibited. 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. FIRST RRADINGS: ORDINANCE NO. 31-04: An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1't Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District. ORDINANCE NO. 36-04: An ordinance mending Chapter 56, "Stormwater" of the City Code of Ordinances, mending Sections 56.04, "Definitions" and 56.16, "Establishment of Rates for Stormwater Management Assessments" to provide that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. If passed, a public hearing will be scheduled for July 6, 2004. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: JUNE t8, 2004 06-22-2004 JUNE 8~ 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, June 8, 2004. 1. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costin Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Jon Levinson Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Terrill Pyburn, Assistant City Attorney Chevelle D. Nubin, Acting City Clerk 2. The opening prayer was delivered by Dr. Roger Richardson with Church of the Palms Congregational United Chnrch of Christ. given. The Pledge of Allegiance to the flag of the United States of America was AGENDA APPROVAL. Mayor Perlman stated Item 9.A., Municipal Golf Course Management Agreement/BJCE, Inc. and Item 9.B., Tennis Center Management Agreement/Dubin & Associates~ will be postponed to the meeting of June 22, 2004. The City Attorney stated the public heating for Item 10.B., Ordinance No. 29-04 (First Reading/Transmittal Hearing for Comprehensive Plan Amendment 2004-02'} will be continued to June 22, 2004. In addition, Item 12.B., Ordinance No. 30-04 and Item 12.C., Ordinance No. 31-04 will be postponed to the meeting of June 22, 2004. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 5_. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of May 18, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. PROCLAMATIONS: 6oAo Recognizing the Tzofim Friendship Caravan Tavor Mayor Perlman read and presented a proclamation hereby recognizing and commending Tzofim Friendship Caravan Tavor for helping to spread the message of peace, friendship and brotherhood though their performances. Shelly Weil came forward to accept the proclamation. Shelly Weil introduced the Tzofim Friendship Caravan Tavor and they performed two songs for the Commission. He invited everyone to attend "Israeli Night" on June 9, 2004 at Old School Square at 7:00 p.m. PRESENTATIONS: 7.A. Hamlet Country Club support of Delra¥ Police and Fire-Rescue Departments Arthur and Sandy Tobias, representing the Hamlet Country Club, presented a check in the amount of $13,000 to the Delray Beach Fire-Rescue Department, a check in the amount of $13,000 to the Delray Beach Police Department, a check in the amount of $5,000 to the Delray Citizens for the Delray Police, a check in the amount of $5,000 to the Delray Beach Public Library, and $5,000 to Old School Square. At this point, the Commission moved to Item 8, Consent Agenda. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL SUBDIVISION PLAT APPROVAL/PJB L.L.C. PLAT: Approve the subdivision plat for PJB L.L.C., a two (2) lot single family minor subdivision, located at the northeast comer of Martin Luther King, Jr. Drive (N.W. 2nd Street) and N.W. 5th Avenue and associated waiver to the alley improvement obligation (LDR Section 6.1.2(A)(2)(a)) for one-half the cost of the alleyway. 8.B. RESOLUTION NO. 43-04/MORSE KIA AUTOMOTIVE: Approve Resolution No. 43-04 abandoning a twenty-six (26) foot strip of right-of-way, located adjacent to Dixie Highway and just north of Fladell Way, reserving an easement for utilities. The caption of Resolution No. 43-04 is as follows: -2- 06/08/04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A PORTION OF DIXIE HIGHWAY RIGHT-OF-WAY (ROW) LOCATED JUST NORTH OF FLADELL'S WAY, AS MORE PARTICULARLY DESCRIBED HEREIN, BUT RESERVING AND RETAINING TO THE CITY A UTILITY EASEMENT OVER A PORTION OF THE AREA THEREOF, AS MORE PARTICULARLY DESCRIBED HEREIN. office.) 8.C. (The official copy of Resolution No. 43-04 is on file in the City Clerk's ACCEPTANCE OF A RIGHT-OF-WAY DEED/MORSE KIA AUTOMOTIVE: Approve and accept a right-of-way deed with Morse Operations, Inc. for a portion of land adjacent to Dixie Highway and just north of Fladell Way in order to provide a uniform right-of-way on Fladell Way. 8.D. RESOLUTION NO. 44-04: Approve Resolution No. 44-04 assessing costs for action necessary to remove junked and/or abandoned vehicles from eight (8) properties throughout the City. The caption of Resolution No. 44-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS; 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; PROVIDING FOR THE MAILING OF NOTICE OF LIEN. office.) (The official copy of Resolution No. 44-04 is on file in the City Clerk's -3- 06/08/04 8.E. RESOLUTION NO. 45-04: Approve Resolution No. 45-04 assessing costs for abatement action required for the emergency board-up of an unsafe structure located at 709 S.W. 2nd Terrace. The caption of Resolution No. 45-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO ARTICLE 7.8, "UNSAFE BUILDINGS", OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATEMENT ACTION REGARDING AN LTNSAFE BUILDING ON LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH; SETTING OUT ACTUAL COSTS INCLTRRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ACTION; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ASSESSMENTS; PROVIDING FOR THE RECORD- lNG OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF NOTICE. office.) (The official copy of Resolution No. 45-04 is on file in the City Clerk's 8.F.~. RESOLUTION NO. 46-04: Approve Resolution No. 46-04 assessing costs for abatement action required to remove nuisances on twelve (12) properties throughout the City. The caption of Resolution No. 46-04 is as follows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office.) 8.G. (The official copy of Resolution No. 46-04 is on file in the City Clerk's ACCEPTANCE OF A RIGHT-OF-WAY DEED/PARADISE SALON STUDIOS: Approve and accept a right-of-way deed with Paradise Salon Studios, located at 140 N.E. 2nd Avenue. 8.H. ACCEPTANCE OF A RIGHT-OF-WAY DEED/EAST SIDE LOFTS: Approve and accept a right-of-way deed and landscape maintenance agreement associated with East Side Lofts (fka Antique Country Pine), located at 2050-2100 North Federal Highway. $.I. FDOT GENERAL USE PERMIT & HOLD HARMLESS AGREEMENT/THE MERIDIAN: Authorize the City to act as the utility permit applicant for the construction of an eight (8) inch water main within the state right-of- way (located between S.E. 3rd Street and S.E. 4th Street on the east side of northbound Federal Highway) and approve a Hold Harmless Agreement with the developer (Mallory II, L.L.C.). 8.J. SERVICE AUTHORIZATION NO. 1/CH2M HILL~ INC.: Approve Service Authorization No. 1 to CH2M HILL, Inc. in an amount not to exceed $50,000.00 for construction management services relating to the Aquifer Storage and Recovery (ASR) Well Rehabilitation Project. Funding is available from 442-5178-536-31.30 (Engineering/Architectural). 8.K. RESCIND CONTRACT AWARD/RSI OF FLORIDA~ INC.: Rescind the contract award to RSI of Florida, Inc. for the Re-roofing of the Utilities Maintenance Building Project and postpone the project. REJECTION OF BIDS/PALM TRAIL NEIGHBORHOOD WATER MAIN IMPROVEMENTS PROJECT: Approve the rejection of all bids received for the 2003-011 Palm Trail Neighborhood Water Main Improvements Phase 1 Project due to the reallocation of funding to higher priority projects and authorize staff to re-bid in September, 2004. 8.M. CITY OF DELRAY BEACH SUB-RECIPIENT FUNDING AGREEMENT: Approve and authorize the execution of a funding agreement in the amount of $16,243.00 with one (1) sub-recipient (Delray Youth Vocational Charter -5- 0~08~4 School) under the Weed & Seed program for FY 2003-2004. Funding is available from 115-2125-521-83.01 (Weed and Seed Grants/Other Grants/Aid). 8oN. DISTRIBUTION OF FY 2005 DRUG CONTROL & SYSTEM IMPROVEMENT FUNDS: Approve the distribution of FY 2005 Drag Control & System Improvement (DCSI) funds (aka Byme funds) in the amount of $726,880 as recommended by the Criminal Justice Commission; and authorize the Mayor to send a letter agreeing to the allocation of these funds. 8.0. LEASE AGREEMENT/MATCH POINT~ INC.: Approve a lease agreement between the City of Delray Beach and Match Point, Inc. for the use of two (2) office spaces and six (6) phone lines, located at the north end of the City Attorney's office building. 8.P. RESOLUTION NO. 48-04: Approve Resolution No. 48-04 and the Interlocal Agreement between the Florida Department of Transportation, Palm Beach County, and Palm Beach County Municipalities for the expansion of the membership of the Palm Beach Metropolitan Planning Organization (MPO) to include Greenacres, Royal Palm Beach, and Wellington. The caption of Resolution No. 48-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT FOR CREATION OF THE PALM BEACH METROPOLITAN PLANNING ORGANIZATION; EXPANDING ITS MEMBERSHIP TO INCLUDE THE VILLAGE OF WELLINGTON AS A MEMBER, AND THE CITY OF GREENACRES, AND THE VILLAGE OF ROYAL PALM BEACH AS ANNUALLY ALTERNATING MEMBERS; ESTABLISHING AN EFFECTIVE DATE. (The official copy of Resolution No. 48-04 is on file in the City Clerk's office.) 8.0. RESOLUTION NO. 42-04: Consider approval of a resolution to set the public hearing date for the Pineapple Grove Way Special Assessment District Final Assessment Roll. The caption of Resolution No. 42-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, SETTING A PUBLIC HEARING DATE FOR THE PUBLIC HEARING CERTIFYING THE FINAL ASSESSMENT ROLL FOR THE PINEAPPLE GROVE WAY SPECIAL ASSESSMENT DISTRICT; -6- 0~08~4 office.) 8.R. PROVIDING FOR THE MAILING AND PUBLICATION OF NOTICE REGARDING THE PUBLIC HEARING; PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 42-04 is on file in the City Clerk's AMENDMENT #2 TO THE CLINICAL SERVICES AGREEMENT/DR. RANDALL WOLFF: Approve Amendment #2 to the Clinical Services Unit (CSU) Agreement between the City and Dr. Randall Wolff to provide for a 15% increase effective October 1, 2004 and enhancements to the Fire Fighter and Police Officer annual physical examinations. 8.S~ REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period May 17, 2004 through June 4, 2004. AWARD OF BIDS AND CONTRACTS: Bid award to Integrity Well and Pump Company in the amount of $307,300.00 for rehabilitation of the Aquifer Storage and Recovery (ASR) well. Funding is available from 442-5178-536-46.90 (Water & Sewer/Other Repair & Maintenance). Purchase award to Ferguson Waterworks at an estimated annual amount of $17,894.22 via the City of Hollywood Bid #F-3765-02- WG for the purchase of fire hydrants for the Water Sewer Division. Funding is available from 442-5178-536-61.77 (Water & Sewer/Renewal & Replacement/Fire Hydrant Replacement). Mrs. Archer moved to approve the Consent Agenda, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. REGULAR AGENDA: 9.A. MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT/BJCE~ INC.: Consider approval of a revised agreement between the City and BJCE, Inc. to provide for management services at the Municipal Golf Course and at the Lakeview Golf Course for the period October 1, 2004 through September 30, 2009. This item will be postponed to the meeting of June 22, 2004. 9.B. TENNIS CENTER MANAGEMENT AGREEMENT/DUBIN ASSOCIATES): Consider approval of a revised agreement between the City and Dubin & Associates for management services at the Delray Beach Tennis Center for the period -7- 06/08/04 October 1, 2004 through September 30, 2009. This item will be postponed to the meeting of June 22, 2004. 9.C. VILLAGE FOUNDATION/INTEREST CHARGES: Consider a request fi'om the Village Foundation to forgive interest charges in the amount of $532.00 for the late payment of a loan. Mr. Costin moved to approve the request from the Village Foundation to forgive interest charges in the amount of $532.00, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 9.D. DEFERRAL OF LICENSE FEES/FLORIDA TELEPORT: Consider approval of a deferral of license fees from Florida Teleport until 2006 due to title problems with their site in Delray Beach. Mr. Costin asked how far along Florida Teleport is with the project. Helmut Bader, co-owner of Florida Teleport, stated in the last three years he has invested time and money into this company. Mr. Bader stated there have been numerous legal issues relating to the purchase of the teleport facility at 1100 S.W. l0th Street which has forced Florida Teleport to reconsider the location of its teleport. Mr. Bader stated to ensure the survival of the company and to minimize the operating costs they provide to their customers, Florida Teleport is requesting a waiver to the yearly fee until 2006. Mr. Costin moved to approve the deferral of license fees from Florida Teleport until 2006 and authorize staff to prepare an amendment to the agreement, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.E. SPECIAL EVENT REQUEST & RESOLUTION NO. 47-04/ROOTS CULTURAL FESTIVAL: Consider a request for special event approval to allow the 27th Annual Roots Cultural Festival to be held between August 6th and August 8, 2004, and approve Resolution No. 47-04 in support of the event. Robert A. Barcinski, Assistant City Manager, stated this item is Resolution No. 47-04 supporting and endorsing the 27th Annual Roots Cultural Festival and to grant a temporary use permit per LDR's Section 2.4.6(H) for the use of City facilities, rights of way and parking lots, to authorize staff support for security, traffic control, barricading, signage, and cleanup and trash removal and waiver of LDR's Section 4.6.7(C)(5)(a)(9) to allow banners and flags and to allow event signs to be put up more than one week before the event. Estimated overtime costs for this year's event are approximately $35,000 of which $28,600 is estimated for police overtime. Estimates include overtime costs for - 8 - 06/08/04 the final weekend, basketball tournaments, and youth parade. Per event policies, the event sponsor will be required to reimburse the City 50% of all costs over $10,000. Staff recommends approval contingent on receipt of a hold harmless agreement and insurance certificate. Mayor Perlman stated he understands Roots Cultural Festival was successful in obtaining money through the State legislature this year and asked if this money was vetoed. Elizabeth Wesley, 309 Lincoln Lane, Delray Beach, stated this money was vetoed. Mrs. Archer moved to approve Resolution No. 47-04 and the special event request to allow the 27th Annual Roots Cultural Festival to be held on August 6-8, 2004 per staff's recommendations, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9,Fo PROPOSED AMENDMENT NO. 2/HORSE DRAWN CARRIAGE, INC.: Consider approval of Amendment No. 2 to the agreement with Horse Drawn Carriages, Inc. to allow them to continue to operate Thursdays through Saturdays until October 31, 2004. Staff recommends denial. Robert A. Barcinski, Assistant City Manager, stated this is a request from Rebecca Learman with Horse Drawn Carriages, Inc. to continue operating the home and carriage rides in the downtown on Thursdays through Saturdays from 7:00 p.m. to midnight through October 31, 2004. On February 3, 2004, City Commission approved Amendment #1 to the original agreement to permit this service to continue through season ending May 2, 2004. Mr. Barcinski stated the Code was amended to allow horse drawn carriage fides as a temporary use during the holidays and season if sponsored by the City, CRA, or Joint Venture. The language in the ordinance does not accommodate private individual uses for special occasions such as weddings, bar mitzvahs, or anniversaries. Staff recommends denial of the request to extend through October 31, 2004. Mrs. Archer stated she feels during the summer it is too hot for the homes and she understands that Mrs. Learman may want to do this for special occasions. However, Ms. McCarthy stated if someone has an afternoon wedding it would be too hot for the horses. Mrs. Learman stated she would work if weather permits in the evenings from 7:00 p.m. to midnight. Mr. Learman stated these fides are generally very short lasting approximately 15 minutes. Mr. Costin stated he supports the activities of Horse Drawn Carriages, Inc. during the season and he feels it is good for the community. However, Mr. Costin expressed concern over the heat element particularly during the day. Mrs. Learman stated her primary concern is the horses and if it were too hot she would not work them. Brief discussion followed between the Commission and Mrs. Learman. -9- 06/08/04 Ms. McCarthy stated she applauds Mrs. Learman for the care of her horses and stated she is not in favor of extending this through the summer because of the heat factor. Ms. McCarthy stated this is a wonderful thing during the season because the seasons are cooler and it has been a nice addition to the downtown. It was the consensus of the Commission to direct the City Attorney to draft an ordinance concerning the use of private hire carriages for special occasions and other related concerns expressed by the Commission. Ms. Archer moved to approve proposed Amendment No. 2 to the agreement with Horse Drawn Carriages, Inc., seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - No; Ms. McCarthy - No; Mayor Perlman - No; Mr. Costin - No. Said motion was DENIED with a 4 to 0 vote. At this point, the time being 6:45 p.m., the Commission moved to Presentations, Item 7.B. 7oBo Legislative Session Update - Senator Ron Klein Ron Klein, Senator, stated he represents nine cities and his district office is in Dekay Beach. He gave a brief overview and update of the legislative session. Senator Klein stated the $56 billion state budget passed which covered road programs and education; however, K-12 level did not meet needs and took a substantial hit. He stated there are changes to some of the Election laws and there are now three different ways for people to vote: (1) absentee methodology (2) early voting which means 15 days before the August 31st or the November 2nd election you can vote at the Supervisor of Elections offices, and (3) early voting at City Hall buildings and libraries throughout the County. Senator Klein stated it will be required for the facilities to be open at least eight hours per day during weekdays and at least eight hours on the weekends. Senator Klein stated he will be meeting with Theresa LaPore, Supervisor of Elections next week and he would like to encourage everyone to make the eight hours from 11:00 a.m.-7:00 p.m. or 12:00 p.m.-8:00 p.m. so that people who work can have easy access to voting as well. Senator Klein commented about the high-speed rail and stated the first leg of this is being developed in Orlando which will be very costly. Senator Klein stated the traffic problem is when you approach Orlando or while approaching South Florida. He stated the billions of dollars that would be spent to develop something like this could much more properly be spent in dealing with local transportation. He stated Tri-Rail will be opening a series of new transportation facilities and commented that 1-95 will be grid- locked in approximately eight years. Mr. Costin inquired about Sales Tax Reform. Senator Klein stated there was an initiative which passed two years ago that was going to be a constitutional amendment requiting all sales tax exemptions to be brought back to the legislature. It was thrown out by the court and there is now a petition drive to put it back in and have the voters vote on it in the fall. -10- 0~08~4 Mayor Perlman commented about the Constitutional Amendment Reform and expressed concern over the Homestead Exemption Amendment. He stated polling on this shows approximately a 70% favorable rate and represents over a $3 million kit for Delray Beach. Brief discussion followed between Senator Klein and the Commission. Mayor Perlman also inquired about the CRA legislation. Senator Klein stated there is no update regarding the CRA legislation. For clarification, Ms. McCarthy stated she shops through catalogs and online and if this use tax passes, asked if she would actually incur double taxation. Senator Klein stated currently the use tax is in place and is paid by the user and the sales tax is collected by the vendor. He stated if this is enforced on a national level it would probably end up being data based collected where people would collect and remit to the state. Mayor Perlman thanked Senator Klein and asked when the best time would be to submit the City's list of priorities to the delegation. Senator Klein stated he will not go back into committees until after the November election. At this point, the time being 7:00 p.m., the Commission moved to the duly advertised Public Heatings portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 14-04 (FIRST READING/FIRST PUBLIC HEARING'}: An ordinance amending the Land Development Regulations by repealing Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program", and Section 4.6.7 "Sigus" and enacting a new single Section 4.6.7 "Signs", and amending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign permits. If passed, a Second Reading/Second Public Heating will be scheduled for June 22, 2004. The caption of Ordinance No. 14-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER -11- 06/08/04 FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public heating 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. Janet Meeks, Education Coordinator, briefly explained the amendments to the sign code. Ten-ill Pybum, Assistant City Attorney, stated the substitute ordinance has some minor changes and she briefly reviewed these changes. Mayor Perlman declared the public heating open. Rob Algani, speaking on behalf of Diana Sullivan (President of the Beaehside Business Association), stated there is no more effective means of communication than the sandwich board/portable signs and he feels the signs help bring the pedestrian traffic into the local stores. He stated some of the signs have been up for over twenty years without creating any hazard to date. Mr. Algani stated people moving into the area want to be in the metropolitan area with the downtown flavor and he feels the sandwich board signs add a unique characteristic to the downtown. Bernard Dahlem, 622 Seasage Drive, Delray Beach, Vice President of the Beach Property Owners' Association (BPOA), stated the BPOA does not feel that sandwich board/portable signs are consistent with the image and character of Delray Beach. Mr. Dahlem stated the BPOA believes there are other alternatives to accomplish this such as hanging a permanent sign underneath the canopy and this would accomplish the objective in an upscale way. Safina Mafillo, Andis Scentique, stated her business is located in the courtyard which is set back from Atlantic Avenue and therefore they thrive for the business from the sandwich sign that is placed outside. Ms. Mafillo stated the business owners in the area have paid hundreds of dollars for their signs which were professionally created with the image in mind of Delray Beach, the village-by-sea. Ms. Mafillo stated this is a creative way that the shop owners have engaged themselves to let the public know what they have to offer. - 12- 06/08/04 Val Sanowski, works at the courtyard shops and stated it is easier for someone who is riding a bus for transportation and sees the sign to get off the bus and go to that business versus a sign that is flat up against the wall. Mr. Sanowski strongly supports the sandwich board signs. There being no one else who wished to address the Commission regarding Ordinance No. 14-04, Mayor Perlman closed the public hearing. Mrs. Archer stated overall she feels the sign code is very good. However, she believes there are some retail situations especially some remote locations that have an issue with trying to attract people into their establishments (i.e. courtyards, etc.). Mrs. Archer stated she feels there are some opportunities for retail establishments to use sandwich signs and she is in favor of having some way to allow them to have the sandwich board signs at least on a temporary basis. Mayor Perlman concurred with comments expressed by Mrs. Archer. Brief discussion followed between staff and the Commission regarding a pedestrian oriented pole mounted sign in the sidewalk. After brief discussion, it was the consensus of the Commission to give direction to staff to amend the ordinance to include additional language regarding portable sings and to include additional language for residential real estate signs. Mr. Costin moved to approve Ordinance No. 14-04 with the proposed changes on First Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.A. 1. POLICY STATEMENT: Consider approval of a Policy Statement allowing temporary portable signs in the public right-of-way during periods of major construction/redevelopment. Mrs. Archer moved to approve a policy statement to allow temporary portable signs in the public right-of-way during periods of major construction and redevelopment, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. 10.B. ORDINANCE NO. 29-04 (FIRST READING/TRANSMITTAl, HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on first reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use Map (FLUM) amendments, and authorize transmittal to the State Department of Community Affairs. Prior to consideration of passage of Ordinance No. 29-04 on First Reading, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 29-04 is as follows: -13- 06/08/04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 29-04 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. Amendment 2004-02 includes: 1. Text Amendments: Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and S.W. 2nd Slreet, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; Future Land Use Element - Modification of the descriptions of the Commemial FLUM designations related to the West Atlantic Overlay Area; Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; - 14- 0~08~4 d. Transportation Element - Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes; Public Facilities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; Conservation Element - Revisions addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule for Projects>S25,000) to reflect implementation of the new $24 million Parks and Recreation Bond; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted -15- 0~08~4 Appendices; Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Inteflocal Agreement · Add definition for "First FTE Student Count" to definitions section · Amend Policy A-1.1 dealing with the level of service standard · Amend Policy A-3.1 dealing with intergovernmental coordination 2. Future Land Use Map Amendments: a. Privately initiated Future Land Use Map (FLUM) Amendment fi.om LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. l0th Street. City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Jeff Costello, Assistant Planning Director, stated the proposed amendment involves 28 text amendments and the most notable relates to an increase modifying a medium density land use description to increase the density for a portion of the Southwest neighborhood to allow an increase of 12 units per acre to a maximum of 24 as a conditional use. Mr. Costello stated there is also a City initiated petition which involves rezoning the existing West Atlantic Commercial Con'idor to accommodate the Central Business District zoning and there is also a privately initiated Future Land Use Map amendment at the Southwest comer of S.W. l0th Street and Swinton Avenue to go fi.om low density residential to medium density residential. Mr. Costello announced that the West Atlantic Avenue Task Team will hold a meeting at Old School Square on June 17, 2004 at 6:30 p.m. regarding the proposed change in the City's Comprehensive Plan. In addition, Mr. Costello stated there will be a detailed presentation at the June 22, 2004 City Commission meeting. Mayor Perlman declared the public hearing open. No one from the public came forward to address the Commission. Mrs. Archer moved to approve to continue the public heating to June 22, 2004 at 7:00 p.m. in the City Commission Chambers, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. -16- 06/08/04 Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquires on Non-Agenda Items from the City Manager and the Public. 11 .A.. City Manager's response to prior public comments and inquiries. With regard to a concern expressed at the May 18th meeting about the rezoning from GC (General Commercial) to CBD (Central Business District) for properties north and south of Atlantic Avenue west of Swinton Avenue, the City Manager stated these changes will result in no change to the uses allowed as they are very similar under both GC and CBD districts. The City Manager stated the special regulations which currently exist for the West Atlantic General Commercial Overlay District will be adopted and incorporated into the CBD district. Secondly, with regard to a concern expressed by Mrs. Finst at the May 18, 2004 meeting about the missing guardrail at the intersection of Depot Road and Lincoln Lane, the City Manager stated this area has been used as a staging area by the contractor on the 1-95 project. As work on this project nears completion, the City Manager stated the restoration of the staging area will proceed and the guardrail will be replaced as part of the restoration of this area prior to completion of the 1-95 work. ll.B. From the Public. ll.B.1. Marcus Gould~ 1005 17tb Street~ West Palm Beach~ thanked the Mayor and City Commission for their action with regard to the Roots Cultural Festival. Mr. Gould stated he reviewed the City's budget and feels it is very good. Speaking on behalf of MAD DADS, Mr. Gould stated in reading through the budget despite the number of programs being offered to young people throughout the community, he feels children from 14-19 years of age have been left out. Mr. Gould stated he spoke to the children and they did not feel that they were apart of the bond referendum so he wanted them to see the following: (1) what the priorities and objectives are, (2) to be receptive to those priorities and objectives, and (3) compromise and be inclusive in the process that governs the city. Mr. Gould urged the Commission to provide something for this age group to do especially during the summer and commented that the children will present a full plan to the Commission. ll.B.2. Jim Smith~ 1225 S. Ocean Boulevard~ Delra¥ Beach~ thanked the Mayor, the Commission, and the City Manager for filing the application for the first bicycle lane on the first city street in Delray Beach. Mr. Smith congratulated Randal Krejcarek, City Engineer, for preparing the application and commented it is on its way to the Metropolitan Planning Organization (MPO) for final approval and he urged the Commission to also consider sidewalks on both sides of Gleason Street. Mr. Smith commented about obesity in the United States and he feels it needs to be addressed in Delray Beach. -17- 06/08/04 ll.B.3. Alice Finsh 707 Place Tavant~ Delray Beach, stated she received notification informing her that the main Post Office will be closing and that she should look for retail space. She stated there is a postal box operation at the Post Office located at 14280 Military Trail and she purchased a postal box for six months for $25.00. She stated she was informed that the availability of the postal boxes is extremely limited and that in approximately a month there could possibly be 500 more boxes available. Mrs. Finst suggested that a temporary pavilion be placed on City land in the downtown area to accommodate the 3,000 postal box holders. ll.B.4. Kevin Warner~ 248 Venetian Drivel Delra¥ Beach~ inquired about thc rolled-back rate for the City's current year budget. With regard to the upcoming budget year, he asked if there is any work expected to be done for analysis purposes on lowering the millage rate or what the rolled back rate would be for thc upcoming budget. At this point, the Commission moved to Item 9.G., Resolution No. 49-04. 9.G. RESOLUTION NO. 49-04 (COMMITTING TO COMPLY WITH MINIMUM LEVEL OF SERVICE STANDARDS FOR FIRE/RESCUE): Consider approval of Resolution No. 49-04 committing to comply with minimum level of service standards for Fire/Rescue services. The caption of Resolution No. 49-04 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, COMMITTING TO COMPLY WITH MINIMUM FIRE-RESCUE LEVEL OF SERVICE STANDARDS. (The official copy of Resolution No. 49-04 is on file in the City Clerk's office.) The City Manager stated the City Attorney recommends for staff to remove any language that might be construed as binding the City irrevocably or making commitments because it could be established through some other body in the future. The City Manager stated staff recommends approval of the resolution with these changes. Mr. Costin moved to approve Resolution No. 49-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 4 to 0 vote. 9oH. SETTLEMENT AGREEMENT/CIGNA: settlement agreement between the City and CIGNA. Consider approval of a Joe Safford, Finance Director, stated this is a settlement offer from Cigna and is a result of approximately 15 months of negotiations. Mr. Safford stated Cigna's original position was that over a two year period they had experienced what they defined -18- 06/08/04 as a loss and therefore there was no recovery of any funds to the City. Mr. Safford stated the City challenged Cigna and they later changed their position. Therefore, Mr. Safford stated the City will recover approximately $143,554.00. Prior to the vote, Mr. Costin commended staff for a job well done. Mr. Costin moved to approve the settlement agreement between the City and CIGNA, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 4 to 0 vote. 9.I~ APPOINTMENTS TO THE CIVIL SERVICE BOPd~D: Appoint two (2) regular members and one (1) alternate member to the Civil Service Board for two (2) year terms ending July 1, 2006. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5), Commissioner Costin (Seat #1), and Commissioner Archer (Seat #2). Mayor Perlman stated he wished to appoint Kristin Christensen as a regular member to the Civil Service Board for a two (2) year term ending July 1, 2006. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mr. Costin moved to reappoint Leonard Friedman as a regular member to the Civil Service Board for a two (2) year t~rm ending July 1, 2006, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 4 to 0 vote. Mrs. Archer moved to reappoint Morris Weintraub as an alternate member to the Civil Service Board for a two (2) year term ending July 1, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes. Said motion passed with a 4 to 0 vote. 9.J. APPOINTMENT TO THE COMMUNITY REDEVELOPMENT AGENCY BOARD: Appoint one (1) member to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2008. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). Mayor Perlman declared a conflict of interest and passed the gavel to Vice Mayor McCarthy. Mrs. Archer moved to reappoint Brenda Montague as a member to the Community Redevelopment Agency Board for a four (4) year term ending July 1, 2008, seconded by Vice Mayor McCarthy. Upon roll call the Commission voted as follows: Mr. Costin Yes; Mrs. Archer - Yes; Vice Mayor McCarthy - Yes. Said motion passed with a 3 to 0 vote. -19- 06/08/04 9.K. APPOINTMENT TO THE DELRAY BEACH HOUSING AUTHORITY: Appoint one (1) regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2008. Based on the rotation system, the appointment will be made by Commissioner Archer (Seat #2). At this point, Vice Mayor McCarthy passed the gavel back to Mayor Perlman. Mrs. Archer moved to reappoint Joseph Bemadel as a regular member to the Delray Beach Housing Authority for a four (4) year term ending July 14, 2008, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Cosfin - Yes. Said motion passed with a 4 to 0 vote. At this point, the Commission moved to Item 12, First Readings. FIRST READINGS: 12.A. ORDINANCE NO. 26-04: An ordinance amending Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by amending Section 132.09, "Skateboarding and the like Prohibited", to provide certain areas in which skateboarding shall be prohibited. If passed, a public hearing will be scheduled for June 22, 2004. The caption of Ordinance No. 26-04 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. 26-04 is on file in the City Clerk's office.) This item has been postponed to the meeting of June 22, 2004. 12.B. ORDINANCE NO. 30-04: An ordinance rezoning fi.om CF (Community Facilities) in part and R-1-A (Single Family Residential) in part to RM-10 (Medium Density Residential 10 units per acre) for an 8.96 acre parcel of land for The Cottages at -20- 06/08/04 Banyan Village, located at the southwest comer of Swinton Avenue and S.W. l0th Street. If passed, a public hearing will be scheduled for June 22, 2004. The caption of Ordinance No. 30-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM-10 (MEDIUM DENSITY RESIDENTIAL-10 UNITS PER ACRE) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SW l0TM STREET AND SOUTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 30-04 is on file in the City Clerk's office.) This item has been postponed to the regular meeting of June 22, 2004. 12.C. ORDINANCE NO. 31-04: An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NVV/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. If passed, a public hearing will be scheduled for June 22, 2004. The caption of Ordinance No. 31-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT); SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1sT AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL -21 - 06/08/04 office.) REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-04 is on file in the City Clerk's This item has been postponed to the Regular Meeting of June 22, 2004. 13~ COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager commended the Community Improvement staff and Terrill Pyburn, Assistant City Attorney for the excellent job on the sign code. Secondly, the City Manager stated at the last meeting the Mayor expressed the need to improve communications by making notices more simplified for citizens to understand. The City Manager stated staff will work on improving this; however, he noted that some notices are dictated by State law (i.e. TRIM notices). 13.B. City Attorney The City Attorney had no comments or inquires on non-agenda items. 13.C. City Commission. 13.C.1. Mrs. Archer Mrs. Archer expressed her condolences to Mayor Perlman for the loss of his mother-in-law. She stated she was able to travel to Japan in Mayor Perlman's place and feels this was a fantastic opportunity because there were four nations who signed the Friendship Agreement. 13.C.2. Commissioner Costin Mr. Costin commented about Barbara Garito's retirement party and stated it was well attended. Secondly, Mr. Costin stated he attended the Police Banquet Dinner and commented he had a great time. Mr. Costin stated the Goal Setting Session Update held at Old School Square for the citizens was very well attended and commented the Mayor did an excellent job on presenting those goals to the community. - 22 - 06/08/04 Mr. Costin stated he and Commissioner McCarthy attended the Youth Baseball Explosion last week. He stated Commissioner McCarthy and County Commissioner Addie Greene threw a strike and he presented the Commission with t- shirts. He stated the Cinco de Mayo party Saturday evening was very nice and the food was excellent. On behalf of the Commission, Mr. Costin extended condolences to Mayor Perlman and his family for the loss of his mother-in-law. 13.C.3. Commissioner McCarthy Ms. McCarthy commented about Barbara Garito's retirement party and Cinco de Mayo. She commented about the Youth Baseball Explosion event and hopes this will become an annual event. She commented about an event held in West Palm Beach honoring the "rocks" of the community and stated County Commissioner Addie Greene and Senator Dawson were honored by this group. Lastly, Ms. McCarthy stated she had the opportunity to attend the Glory Awards and commented it was extremely well done. In addition, she read the names of the winners into the record. 13.C.4. Mayor Perlman Mayor Perlman stated Adam Hasner had a meeting today with the cities in his district and there was some discussion about the State Revenue Forecasting and what the impact will be of the Homestead Exemption amendment and the cost to cities and counties. Mayor Perlman stated the League of Cities stated the Florida Chamber of Commerce is coming up with a Vote Smart Florida Program to educate people as they are approached to sign petitions. Mayor Perlman stated he was invited to attend a radio show and commented that there is a group opposing this based out of Boca Raton. He encouraged people to get on the radio and try to educate people as best as they can. Secondly, Mayor Perlman stated Representative Hasner has been meeting with all the Police and Fire Departments in his district in an effort to learn what their needs are. Mayor Perlman stated Jamie Titcomb from the League of Cities is requesting Elected Officials throughout the County to attend the County Commission meeting on June 22, 2004 regarding annexation. -23- 0~08~4 Mayor Perlman stated with regard to the City providing more activities for those children ages 14-19, one of the goals discussed at the Goal Setting Session this year was to restart the race relations dialogue. He stated there is some work being done to get this initiative underway and suggested that this item be placed on a Workshop agenda. Mayor Perlman thanked City staff and the Commission for supporting his family during the last few weeks. Lastly, Mayor Perlman welcomed Chevelle D. Nubin as Acting City Clerk. There being no further business, Mayor Perlman declared the meeting adjourned at 8:15 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on June 8, 2004, which Minutes were formally approved and adopted by the City Commission on Acting 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. - 24 - 06/08/04 FORM 8B MEMORANDUM OF VOTING coNFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME---FIRST NAME--MIDDLE NAME Perlman, Jeffrey L. MAIUNG ADDRESS 97[ Delra¥ Lakes Drive Delray Beach, Florida 33444 Palm Beach VaT oN ~¢H vo~ occo~Eo 6/8/Q4 NAME OF BOAJ~), COUNCIL, COMMISSION, AUTHORITY, OR COMMII'rE~ Delray Beadh~City Commission THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMR'n~E ON WHICH I SERVE IS A UNIT OF: NAME OF POLITICAL SUBDIVISION: City of Delray Beach WHO MUST FILE FORM 8B This form is for use by any parson serving at the county, city, or other local level of govemmont on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a COnflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close affention to the instructions on this form before completing the reverse side and tiling the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A parson holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which Inures to his or her spacial private gain or Ices. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or Ices of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissleners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officors of indepandent spacial tax districts elected on a one-acre, one-vota basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative" includes only the officer's father, mother, son. daughter, husband, wife, brother, sister, father-in-taw. mother-in-law, son4n-taw, and daughtar~lnqaw. A 'business associate' means any pamon or entity engaged in or carrying on a business enterprise with the ofrmer as a parlner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting lo the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abetainlng from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by complotlng and tiling this form with the parson reSl~onalble for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you most abstain from voting in the situatiOnS described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to intiuance the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: · You must complete and tile this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 8B - EFF. 1/2000 -'q~"~ ~x~ pAGI: 1 APPOINTED OFFICERS (continued) '~ · A copy of the flxm must be provided Immediately to the otber rnembsm of the agency. · The form must be mad publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO iNFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING; · You must disclose orally the nature of your contiict in the measure before padiclpating. · You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incoq)orate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. Jeffrey L. Perlm:~u , hereby disclose that on June 8, (a) A mae came or will come before my agency which (check one) __ inured to my special private gain or loss; Inured to the special gain or loss of my business associate, X inured to the special gain or loss of my relative, Diane Colonna Inured to the special gain or loss of whom I am retained; or Inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows; Dt!ane Colonnas ~y ~ife, is Director of the Cou~onity Redevelopment Agency (CRA). T have a conflict voting on items that directly affect the C~unity Redevelopment: Agency. 04 ,20 : , which Date Filed REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. 1 · NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, CE FORM 8B o EFF. 1/2000 PAGE SPECIAL MEETING JUNE 15, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City Hall at 6:05 P.M., on Tuesday, June 1 S, 2004. Roll call showed: Present- Commissioner Patricia Archer Commissioner Bob Costm Commissioner Jun Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None A~o present were - City Manager David T. Harden City Attorney Susan A. Ruby and Agenda Coordinator Carolanne Kucmerowski Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. INTERLOCAL AGREEMENT/COUNTRY CLUB ACRES FIRST ADDITION: Consider approval of an Intedocal Agreement between the City and Palm Beach County regarding Country Club Acres First Addition, located just south of Atlantic Avenue on the east side of Military Trail, for water/sewer and paving/drainage improvements in the estimated mount of $1,310,000.00. The City's estimated cost will be $850,000.00; and the County will fund the cost of the paving and drainage in the estimated amount of $460,000.00. Funding is available from 334-3162-541-65.86 (General Construction Fund/Road and Street Facilities/Country Club Acres). Brian Shutt, Assistant City Attorney, introduced the item and stated this is an interlocal agreement between the City and Palm Beach County for Country Club Acres. The County will pay $460,000.00 for paving and drainage improvements to the road system and the City will pay $850,000.00 for infrastructure improvements, conditioned upon Country Club Acres annexing into the City by December 2005. Mr. Coslin moved to approve the Interlocal Agreement with Palm Beach County regarding improvements to Country Club Acres First Addition, seconded by Mrs. McCarthy. Upon roll call, the Commission voted as follows: Mr. Costm - Yes; Mrs. Archer - Yes: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 5-0. Mayor Perlman declared the Special Meeting adjourned at 6:10 p.m. A'ITb2ST: Acting City Clerk MAYOR The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, June 15, 2004, which Minutes were formally approved and adopted by the City Commission on June 22, 2004. Acting City Clerk TE T 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 amendments, additions or deletions to the Minutes as set forth above. 2 June 15, 2004 TO.' City Commission_. From.' David Harden CC= Date: June 18, 2004 Re: EPOCH EPOCH has requested to appear before the City Commission regarding their FY 05 funding request, and has submitted extensive information in support of their request. They are also asking to be made a separate division in our grants budget instead of being included in the Miscellaneous Grants Division. Any decision on the amount of grant funding EPOCH is to receive in FY 05 should be delayed so that decisions on all grant funding requests can be made at the same time. With respect to making EPOCH a separate division, you can see from the following page that it would not change anything in the final adopted budget. It would put Epoch on a separate page in the Proposed Budget. Recommendation: While staff believes that making EPOCH a separate division for accounting purposes is insignificant, we have no objection if the Commission wishes to do so. · Grants and Aids Economic Development Pineapple Grove Main Street Economic Incentive-ABC Carpet Joint Venture I $25,351 $25,000 $29,170 $75,oooI 30,000 30,000 30,000 0I I 20,834 25,427 22,140 24,220 40,000 40,000 40,000 40,00~ $116,185 $120,427 $121,310 $139,22C Aid to Victims of Domestic Assault Mae Volen Senior C~ter School Readiness Coalition Deaf Service Centex Community Child Care Center Urban League Boys and Girls Club The Ar~ Wayside House $20,~ $~,000 $~,O $~,~ 0 0 0 5,~ 30,~ 30,0 18,O 20,~ 7,~ 5,000 5,000 2,~ 25,0 25,0 25,0 25,0 5,0 4,~ 4,0 4,0 35,000 35,000 32,0 32,0 3,0 3,~ 3,0 3,0 6,0 &O 6,0 6,0 Hnman Services $131,000 $128,000 $113,000 $119,000 Other Grants and Aids Expanding and Preserving Our Cultural Heritage Did School Square Library $44,500 $92,700 $36,000 $43,530 25,000 25,000 38,000 30,000 187,000 187,000 187,000 187,000 968,000 1,016,400 1,046,890 1,150,000 ~ulture/Recreation $1,224,500 $173217100 $1,307,890 $1,410,530 ¸ill 175 MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # lb ~ax - REGULAR MEETING OF JUNE 22. 2004 SERVICE AUTHORIZATION NO. 99-07/ARCADIS/LNW DATE: JUNE 18, 2004 This is before the City Commission to approve Service Authorization No. 99-07 to Arcadis/LNW in the mount of $74,100.00 for the design of converting S.E./N.E. 1" Streets between South/North Swinton Avenue and S.E./N.E. 6th Avenue from one-way to two-way streets. The Community Redevelopment Agency (CRA) has agreed to pay for the design of this project. Funding is available from 334-3162-541-65.88 (S.E./N.E. 1" Street/One Way Pairing,). Recommend approval of Service Authorization No. 99-07 with Arcadis/LNW for the design of converting S.E./N.E. 1st Streets and SE/NE 6e~ Avenue from one-way to two-way-streets. S:\City Cleek\agenda memos \ ServiceAuth.#99.07 Arcadis LNW 06.22.04 City Of De. lray Beach Department of Envtronmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden /~ ~/,~ Randal L. Krejcarek, P.E. 09 Jun 2004 SEINE 1st St from North/South Swinton to SEINE 6th Avenue Consulting Service Authorization Commission Agenda Item Project if 2004-006 The attached agenda item is for Commission authorization/approval for Mayor to execute Service Authorization #99-07 with Arcadis/LNW for the design of converting SE & NE 1st Streets between South/North Swinton Avenue and SE/NE 6th Avenue, from one-way to two way streets. This design will include coordination with FEC for both at grade railroad crossings, coordination with Palm Beach County for modifications to existing signalized intersections, coordination with FDOT and appropriate landscaping. The design portion of this project is funded in FY 2003-2004 and the construction is proposed to be funded in FY 2004-2005. The attached map shows the project location. The total cost of this Service Authorization is $74,100,00. The CRA has agreed to pay for the design of this project. Please place this item on the 22 Jun 2004 Commission Agenda. Thanks! enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director Diane Colonna, CRA file S:~EngAdmin~Projects~2oo4~oo4-oO6tOFFIClAL~O03-06-08 agenda memo. doc ATLANTIC AV 2ND E N U E S.E. 2ND ST. I~11 ~ CITY of DELRAY BEACH SE/NE ~st s II I(' II ?11 t~,¢ ~.~.o..~,~, ~..,~c.~ ~,~ i~,~ Nodh/SoufhS,in~on ~o SE/~ 6fh Ave EXHIBIT A CONSULTING SERVICE AUTHORIZATION PROJECT NUMBER 2004-006 DATE: SERVICE AUTHORIZATION NO.. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: NE 1st Street (Swinton Avenue to SE 6th Street) SE 1st Street (Swinton Avenue to SE 6th Street) This Service Authorization, when executed, shall be incorporated in and shall become an integral par~ of the Contract. TITLE: Aqreement for General Consultinq Enqineerinq Services PROJECT DESCRIPTION Northeast 1th Street (Swinton Avenue to Southeast 6th Street) · Engineering design for the conversion of the roadways from existing one-way traffic to two-way traffic. Coordinate with the Palm Beach County Traffic Division for traffic signal modifications and with the FEC Rail Corporation for railroad crossing improvements. The plans will detail a continuous sidewalk extension across the railroad tracks. Included will be roadway construction plans and signage and pavement marking plans. Maintenance and protection of traffic plans will be prepared detailing temporary signage and variable message boards for maintenance of traffic during construction. · Engineering review of the existing on-street parking and the design of improvements to the existing on-street parking. Landscaping nodes will be provided where warranted. · Engineering design for the extension of the existing reclaimed water main along NE 1st Street from NE 4t* Avenue to East of NE 6th Avenue. · Engineering design for the extension of the existing water main along NE 1st Street from NE 1st Avenue to NE 2"°Avenue. · Preparation of landscape and irrigation plans detailing the installation of landscaping at all roadway intersections. Southeast 1th Street (Swinton Avenue to Southeast 6th Street) Engineering design for the conversion of the roadways from existing one-way traffic to two-way traffic. Coordinate with the Palm Beach County Traffic Division for traffic signal modifications and with the FEC Rail Corporation for railroad crossing improvements. The plans will detail a continuous sidewalk extension across the railroad tracks. Included will be roadway construction plans and signage and pavement marking plans. Maintenance and protection of traffic plans will be prepared detailing temporary signage and variable message boards for maintenance of traffic during construction, G:~Admin\Marketing\Proposals\WPB\2004~A04-081 CONSULTANT SERVICES AUTHORIZATION.doc · Engineering review of the existing on-street parking and the design of improvements to the existing on-street parking. Landscaping nodes will be provided where warranted. · Engineering design for the extension of the existing water main along SE l~t Street from SE 4th Avenue to SE 5~hAvenue. · Preparation of landscape and irrigation plans detailing the installation of landscaping at all roadway intersections. LNW will schedule and attend meetings with Palm Beach County and the FEC Railroad to discuss and coordinate the proposed improvements. LNW will also schedule and attend one public meeting to review the project with interested parties. IlSCOPE OFSERVlCES Phase I- Study and Report Phase 1. A conceptual plan of the proposed roadway improvements will be prepared. The plan will consist of typical roadway sections and horizontal alignment plans illustrating the existing and the proposed conditions. Phase I1 - Preliminary Desiqn Phase Consultant shall provide preliminary design phase services in accordance with Article 111 .B of the Agreement for Engineering Services with the City, dated May 14, 1999. A preliminary design (letter report) shall be used to accurately define the scope and characteristics of the project. Development of this document will begin immediately after the first project meeting, and will be used to direct the activities necessary to design the facilities and develop construction documents. This document will include verification of all existing right of way. Verificati(~n of right of way shall consist of research of recorded plats and other documents on file with the city of Delray Beach and Palm Beach County. A title search is not included. Field reconnaissance of the project corridor will be performed. Photograph log walk- through will be included. In addition, potential underground existing facilities will be identified. Coordination with utility agencies shall be performed to collect record information. This includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. Initial meetings will be conducted with the utility companies to determine the requirements and time frames for the relocation of utility facilities underground. A preliminary plan for the proposed roadway improvements will be prepared. All efforts will be made to minimize known utility and structural conflicts. The preliminary plans will be reviewed with the City for purposes of final alignment selections. Following selected preliminary roadway and pipeline layouts for the project area, a preliminary cost opinion including construction cost and allowance for engineering costs and contingencies shall be prepared. 2 At the outset of the project, the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: Palm Beach County Health Department (PBCHD), Florida Department of Transportation (FDOT), Florida East Coast Railroad (FEC) and City of Delray Beach. A table listing the identified permitting agencies and associated permit fees shall be prepared and included in the Preliminary Design Report. The Preliminary Design Letter Report shall contain schematic layouts and conceptual design criteria for the proposed pipelines and roadway improvements. A preliminary cost opinion will also be provided. Two copies shall be submitted in draft form for review by City. Consultant shall conduct one preliminary design review meeting with the City following the preliminary design report submittal. The Final Preliminary Design Report will incorporate City comments and five copies shall be submitted. Phase III - Final Desiqn Phase Consultant shall p~-ovide final design phase services in accordance with Article IIl.C of the Agreement for Engineering Services with the City, dated May 14, 1999. Consultant shall prepare construction drawings which shall include: cover sheet, general notes, plan/profile drawings, and detail sheets conforming to the requirements of the current City of Delray Beach Minimum Construction Standards. The drawing scale shall be 1" = 20' for plan and 1" = 2' for profile. Consultant shall prepare the engineering design elements on topographic survey information prepared by Consultant's surveyor using AutoCAD Release 14 format. Contract documents consisting of "front-end" documents and technical specification shall conform to City of Delray Beach Standards and the FDOT Standard Specifications for Road and Bridge work. Consultant shall furnish digital copy of contract documents in Microsoft Office comparable format. Drawings and specifications (two copies) shall be submitted for City review at 50%, 90% and 100% stages. Consultant shall meet with the City to discuss comments, and incorporate comments into final documents. Each stage will be reviewed via a review meeting with the Consultant. Consultant shall furnish with the 100% design drawings, one (1) mylar set, one (1) set of CAD files in electronic format on a Cdrom per the City of Delray Beach standards. One (1) set of CAD files in DWF electronic format, and one (1) set of contract specifications and cost estimates in PDF electronic format per the City of Delray Beach standards will also be provided. Prior to bidding, Consultant shall prepare a detailed opinion of probable construction cost based upon the completed final design drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of design requirements incorporated during the various design review stages. Phase IV - Biddinq/Ne,qotiation 3 Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. Consultant shall issue addenda and shall provide supplemental information or clarification, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid project. Consultant shall provide City with PDF files of all written addenda, and DWF files of all addenda drawings, in electronic format. Consultant shall attend the bid opening, shall prepare and furnish digital copy of bid tab sheets in Microsoft Office compatable format and assist City in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. Other- Survey Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following. Topography survey at 50-foot intervals and at major ground elevation changes to depict existing ground profile at pr9posed project area. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: Location of all visible fixed improvements within the right-of-way (including 5-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, si~lns, fences, power poles, buildings, and other encumbrances, including point curvature and point of tangency. Location of all known above ground existing utilities: FP & L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters). Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inver[ elevations and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with the City of Delray Beach. Underground piping shall be pot-holed by City in a timely fashion. identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. Elevations shall be indicated every 50 feet, at a minimum, to indicate centedine grades, edge of pavement grades and shoulder grades, Iow points and all right-of- 4 way lines. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Sufficient grades shall be indicated in the driveways and parking areas to indicate direction of grade. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. The above topographical survey data will be prepared in AutoCAD (Version 14) format at a scale of 1"=20', as one continuous file. The City of Delray Beach standard layering system shall be followed. The CAD drawing shall also include: · Location of utility pot holing. Other - Permittinq At the outset of the Design Phase the Consultant shall meet with the appropriate permitting agencies to determine potential permitting requirements. Agencies anticipated to have jurisdiction over the project include: Palm Beach County Health Deparlment (PBCHD), Florida Department of Transpor[ation (FDOT), Florida East Coast Railroad (FEC) and City of Delray Beach. Permit applications shall be completed for PBCHD, FDOT, FEC and City of Delray Beach. Associated permit application fees shall be determined by Consultant and paid by City. In addition to preparing the permit applications for appropriate regulatory agencies, Consultant shall assist the City in consultations with the appropriate authorities. Consultation services shall include the following: · Attend up to one (1) pre-application meeting with the staff of each of the regulatory agencies. · Attend up to two (2) meetings with each of the regulatory agencies during review of the final permit applications. · Respond to request(s) for additional information from each agency. 5 ADDITIONAL SERVICES Consultant shall provide additional engineering services related to the provision of water, drainage and roadway improvements to the project area that are not covered under this Service Authorization. These additional services may be required to address uncertainties discovered during survey, soils investigations, field verification of existing facilities and conditions, and potential property or easement acquisitions. Services performed under this task will be on as- directed basis in accordance with a written Notice-to-Proceed from the City Manager. The Notice- to-Proceed issues shall contain the following information and requirements. · A detailed description of the work to be undertaken. · A budget establishing the amount of the few to be paid in accordance with the Agreement. · A time established for completion of the work. III, TIME OF PERFORMANCE The completion dates for this work will be as follows (starting at written notice-to-proceed). Enqineerinq Services Time per Phase Cumulative Time Phase I(~} 4 weeks 4 weeks Phase II 3 weeks 7 weeks Phase III(2) .8 weeks 15 weeks Phase IV 4 weeks 19 weeks (~)lncludes field survey (2) Permits will be prepared during Phase III time period. IV. COMPENSATION The compensation for services provide shall be billed on an hourly basis plus reimbursable expenses for each phase of work in accordance with Article VII, Method II, up to th'e following not to exceed cost for each phase. Enqineerinq Services Estimated Fees Phase I - Conceptual Design Phase Phase Il - Preliminary Design Phase Phase III - Final Design Phase Phase IV - Bidding Phase Survey Landscape and Irrigation Design Permitting Out of Pocket Expenses $ 7,500.00 $19,300.00 $16,000.00 $ 2,000.00 $15,600.00 $12,5OO.OO $ 1,000.00 $ 2OO.OO TOTAL PROJECT COST Notes: $74,100.00 6 (1) Out-of-Pocket Expenses include the foflowing: printing/reproduction and postage. This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commerce work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Lawson, Noble & Webb, Inc. Date Mayor Attest: Approved as to Legal Sufficiency and Form Date May 20, 2004 By: (Seal) ss Witness , BEFORE ;El the fore~oloing .~(~ '~,. ins~ument, this day of IY'~ 0 ~,f , 2¢¢4, - was acknowledged by on behalf of t~& Co~p~r~ion and said person executed the same free and voluntarily for the for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of '2 '3 ,2004. Notary Public ~(,~' State of Florida My Commission Expires: ;11 .,..,,;.¢....,:,~, ANDREA D.,DLLEY t1¢~;;'~*~(~'~ MY COMMISSION # DD 014344 II ll~.~:~'] EXPIRES: Apri~ 2 200~ Il ";f."; ~'.' ;~¢" B~r~ded Th[u Pichard rnsur&r,¢e Agenc ~ City of Delray Beach Survey Requirements The survey should include the following: Platted rights-of-way (include bearing and distances for centerlines), lot numbers, block numbers, and dedicated easements. House address numbers. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right-of-way. All underground utilities. Inverts on sanitary and storm sewers shall be indicated as well as, locations of water valves and meters. Coordination with the Sunshine State Call One Center for location of other underground utilities shall be the surveyor's responsibility. Ali topographical surveys shall have stationing established from south to north and west to east where applicable. Elevations shall be indicated every 100 feet, at a minimum, to indicate centedine grades, edge of pavement grades, and shoulder grades. Intermediate grades shall be indicated at all grade breaks, driveways and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicated on the driveways to indicate direction of grade. Finished floor elevations of each habitable structure shall be included. The survey shall include topography of the complete intersection at the terminal end of each street. 8 Date: 09 Jun 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 22 Jun 2004 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Service Authorization #99-07 with Arcadis/LNW for the design of converting SE & NE ist Streets between South/North Swinton Ave. and SE/NE 6th Avenue, from one-way to two way streets. Total cost of this service authorization is $74,100.00. The CRA has agreed to pay for design services Staff Recommendation: Approval Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): FundingAvailable: e~s No Initials:~ ~/f. Yes, fromCRA Account Number ~fl~/ Description ~/A]~ Account Balance: $ Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Initials: ~ Hold Until: Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-006\OFFICIAL\2003-06-08 agenda.doc (if applicable) MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~ ~-~ - REGULAR M~-~-TING OF JUNE 22. 2004 SER'mCE AUTHORIZATION #P-01/CURRIE SOWARDS AGUILA ARCHITE(~;TS DATE: JUNE 18, 2004 This is before the City Commission to approve Service Authorization No. P-01 to Currie Sowards Aguila Architects (formerly Robert G. Currie Partnership) in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project. Funding is available from 380-4150-572-63.26 (2004 G.O. Bond/Lake Ida Park). Recommend approval of Sen, ice Authorization No. P-01 to Currie Sowards Agmilu Architects in the amount of $30,750.00 for consultant design services for the new Lake Ida Park Project. S:\City Clerk\agenda memos \ SetviceAuth.#P-01Cunie Sowards.06.22.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: SUBJECT: David Harden, City Manager Victor Majteny~ons~onstruction Manager LAKE IDA PARK, P/N 2004-054 Agenda Item: Service Authorization P-01 Currie. Sowards.Aguila. Architects DATE: JUNE 15, 2004 www. mydelraybeach, com Attached for City Commission approval is Service Authorization #P-01 to Currie. Sowards.Aguila.Architects (formerly Robert G. Currie Partnership) for consultant design services required for the new Lake Ida Park project, P/N 2004-054. Tasks under this service authorization will include development of a schematic design, cost estimate, and required documents for Site Plan approval. Cost for professional design services will be completed on an hourly basis, not to exceed $15,000.00, and other supplemental services (surveying, landscape design, soil tests, etc.) at cost plus ten (10%) percent, not to exceed $15,000.00. Reimbursable expenses are estimated at $750.00. Service Authorization #1 is in the net amount of $30,750.00. Funding is available from 380-4150-572-63.26, 2004 G.O. Bond/Lake Ida Park. Richard Hasko; Director of ESD Randal Krejcarek; City Engineer Rafael Ballestero; Dep. Director of Construction, ESD Agenda File, 06/22/04 File 2004-054(A) S:~EngAdmin~Projects~2004~2004-054\OFFICIAL\SA #P-01 Curri¢ 06.22.04.doc N.W. 12TH STREET I HIBISCUS LANE E~ONME~AL 8E~CE8 DEPA~E~ LOCATION MAP LOC~AP .JUN-16-2004 ~0:09 FROM:CURRIE SOWRRDS RGUIL 561-24G-8184 T0:~4~?~14 P.~ CURRIE · SOWARDS · AGUILA · ARCHITECTS DATE: June 11, 2004 CITY P.O #: CITY EXPENSE CODE: 5EF~VICE AUTHOI~IZATION NO, One (1] CITY PP~OJECT # FOR CONSULTING SERVICES TITLE: Lake Ida Park RGCP # l~60D This Service Authorization, when executed, shall be Incorporated in and shall become an integral parc of the Agreement dated April 2004, as amended, between the City of Oelray Death and Currte Sowards Agulla Architects. PP~OJECT DESCliUFTION ?reFers eohematic deaign for improvemen~,e and new construction for a passive park for Lake Ida Fork located between HW 11~. and NW 12~. arrest along Lake Drive. Following approval, the architect shall prepare the necessary documenta for review and approval by the City (including ~PRAD and City Commieaiorl). An opinion of probable construction cost will be prepared as 1;he project progresses, Following City approval, and when a~chorized, the architect will prepare bidding, permit and corer;ruction documents. II SCOPE OF SEIi:¥1CES Initially, the architect and the CiTy will revl~v the existing facilities :o establish the desired program spaces. A schematic design will be prepared and costs will be reviewed. Drawings and applications wtll be prepared for submittal to the City for ~PRAI~ review and approval, and at~ndance to meetings with City staff and resident, s. Finally, permit and construcl~ion documents will be prepared and the project will be administered during construction. The following disciplines are anticipated to be Included: Schemal~o design phase will Include bounda~ survey and architectural services. Site Plan Approval phage will include civil engineering, land~cape architect, traffic engineer (if needed), and architectural sewlcee. Didding, permit and construction document phase will include civil engineering, landscape ar~hitect, structural engineering, MEP engineers, and architectural eervioes. TA~R 1: The architect will ol~ain a boundary and topographic survey of the property and prepare the necessary documents for review by the City for establishing programmatic needs, Upon approval, the necessary.document will be prepared for submission to the City for Site Plan r, evlew and Approval. Meetings with City staff, attendance to I~oard meetings, and presentation to the local residents will be Included. An opinion of probable construction cost will be prepared for review. TA~R 2: When Authorized, the architect will prepare the necessary documents for bidding, permit, and construction, Aesrstence during bidding, contractor recommendation, response te permit review comments, and Ilmlt~d construction administration will be included. JUN-16-2004 10:10 FROM:CURRIE SOWAROS A~UIL S61-24~-8184 T0:24~7314 III BUDGET Se~vlcec required for Task 1 will be completed on an hourly basle per Exhibit "D" A~rg~m~n~ ~or a ,~-~-~ea~ amou~ ~ Fl~en ~ousend (~15.000.00) Dollars a,d No Cents. I~ a~l~ion ~ ~h~ above, coe=e for ~h~r~ con~u~l~ ~c~ic~5 (su~. ~e~cola~lon ~=~. land~capc dcgl~n, ~.) will bc at ~e~ plu~ ~n (1~) p~rGe~. Th~ e~ima~ ~o~ for other con~ultin~ expense for ~h~e ~ask ie n~-~eed amoun~ ~ Fi~gn ~ou~and (~15.000.00) Dollars and No Cents. ~lmbumablc ~Feneee (printing) are In addition ~ ~e above a~ arc anticipated n~ ~ exceed 5~en Hundred and F(~ ($~0.00) Dollar, ~er~ore. the ~1 n~-~-~eed amount for Task 1 Is ~l~y ~oueand 5~en Hundred and FI~ ($50,750.00) Do,am and No Cent. [~udget for Task 2 will be determined at a later time, IV COMI%ETION DATE Task 1 will be completed in an expeditious manner oetlmat~d notto exceed 120 dayc f~om the written Notice t~ Proceed from thc City, Thio Service Authorization ic approved contingent upon thc City'c acceptance of and catlcfaction with the completion of cenvlcec rendered in thc pr~vlouc phace or ac cncompaceed by the previou~ Service Authorization. If thc City in itc cole diccretlon lc uncaticfled with thc ~ervlce provided In the prevlou~ phacc or Sc~vlce Authorization, thc City may terminate the Contract without incurring any further liability. The CONSULTANT may not commence work on any Se~lce Authorization approved by the City to be Included ac part of thc Contract without a further notice to proceed. CITY OF DELF.~Y DE^CH CUE, I~IE SOWAI[D5 AGUILA AF. CHITECTS Jeff Perlrnae. Mayor JeceM. Sowarde, AIA, PdMclFal STATE OF FLOEII)A. COUN'P~ OF PALM I~EACH The followin0 Inetrunlont was a(;knowis~ged 2004, ~ J~ee M, 5owar~, of Curds 5owar~ ~uila A~hl~cte. He ie personally ~nown ~ me and aid nog take an oath. Nota~d Public SEAL Agenda Item No. _~ AGENDA REQUEST Date: June 15, 2004 Request to be placed on: --X--Regular Agenda __Special Agenda Workshop Agenda When: June 22, 2004 Description of item (who, what, where, how much): Commission approval/authorization for the Mayor to execute Service Authorization ~ to Currie*Sowards.Aguila*Architects (formerly Robed G. Currie Partnership) for consultant design services required for the new Lake Ida Park project, P/N 2004-054. Tasks in this service authorization include preparation of a schematic design plan, cost estimate, and Site Plan approval documents for the design of a new passive park along the eastern shores of Lake Ida. Service Authorization #1 is in the net amount of $30,750.00. Funding is from account 380-4150-572-63.26, 2004 G.O. Bond/Lake Ida Park. ORDINANCE/RESOLUTION REQUIRED: Not required. Recommendation: Staff recommends award of Service Authorization #1 to Currie. Sowards.Aguila.Architects. Department head signature: ~- ,~ 4'/~/ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation if applicable): Budget Director Review (re~q~ed on all items involving expenditure of funds): Funding available: EI~.~NO Funding alternatives (if applicable): see above Account No. & Description ~3~0~ -~ 15-(')- ~-'-[~. ~$. 2.~ Account Balance ~*~5/ gl/) c,.~ ~L I~l ~ [~, ~ City Manager Review: '*~ --,p,~ ' I ' v - Approved for agenda: ~-p/NO Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved S:~EngAdmin~ProjcctsX2004k2004-054\OFFlClAL~SA 1 Curric Agd 00.22.04.doc MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF IUNE 22, 2004 VENDOR AGREEMENT/SERVICE AUTHORIZATION #1/GARY MOORE DATE: JUNE 18, 2004 This is before the City Commission to approve a Vendor Agreement and Service Authorization No. 1 to Gary Moore in the amount of $68,000.00 for the design and installation of art improvements along S.W./N.W. 5th Avenue from S.W. 1,t Street to N.W. 2"d Street (Martin Luther King Boulevard). This project is part of the proposed City Cultural Loop and has an art component that is intended to reflect the history of the surrounding neighborhoods. The Community Redevelopment Agency (CRA) initially hired Gary Moore to develop conceptual art designs along this corridor. After several neighborhood meetings, the following art components will be included in the project: · Terrazzo sidewalk · Bronze inserts in the sidewalk · Decorative street light poles The CRA has agreed to pay the cost of this service authorization which is for the detail design and construction supervision of the art component for this project. Funding is available from 334-3162-541-65.83 (General Construction Fund/N.W./S.W. 5m Avenue/S.W. 1st Street to N.W. 2"a Street). Recommend approval of a Vendor Agreement and Service Authorization No. 1 to Gary Moore in the amount of $68,000.00 for the design and installation of art improvements along S.W./N.W. 5t~ Avenue from S.W. 1~ Street to N.W. 2"d Street (Martin Luther King Boulevard). S:\City Clerk\agenda memos\ServiceAuth.#1Gary Moore.06.2Z04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden ,//~ ///~ Randal L. Krejcarek, P.E. 16 Jun 2004 NWISW 6th Avenue - SW '18t Street to MLK Blvd Commission Agenda Item Project # 2003-037 The attached agenda item is for Commission authorization/approval for Mayor to execute Vendor Agreement and Service Authorization #1 with Gary Moore for the detail design and installation of art improvements along SW/NW 5th Avenue from SW 1st Street to NW 2nd Street. This project is part of the proposed City Cultural Loop and as such it has an art component that is intended to reflect the history of the surrounding neighborhoods. The CRA initially hired Gary Moore to develop conceptual art designs for along this corridor. After several neighborhood meetings, the following art components will be included in the project: · Terrazzo sidewalk · Bronze inserts in the sidewalk · Decorative street light poles This service authorization is for the detail design and construction supervision of the art component for this project. The CRA has agreed to pay the cost of this service authorization. Total cost is $68,000. The attached map shows the project location. Please place this item on the 22 Jun 2004 Commission Agenda. Thanks enc cc; Richard Hasko, P.E., Director of Env. Svcs. Joseph Safford, Finance Director Diane Colonna, CRA file S:~EngAdmin~Projectst2003~OO3-O37~Official~2.004-06-22 agenda memo. doc ATL 1ST N TIC ARTIN ENVIRONMENTAL SERVICES DEPARTMENT NW/SW 5TH AVE FROM SW 1ST ST. TO NW 2ND ST. 2005-037 DATE:3/5/05 lofl STANDARD FORM OFAGREEMENT BETWEEN CITY AND VE~ THIS AGREEMENT made this __ between the CITY OF DELRAY BEACl ,20__, by and ..reinafter called CITY) and Gary Moore (hereinafter called VENDOR/ARTIST). WITNESSETH: The CITY and the VENDOR in consideration of the mutual covenants hereinafter set forth, agree as follows: 1. The undersigned VENDOR hereby represents that he has carefully examined all documents attached hereto, and will perform all requirements, pursuant to all covenants and conditions, as provided by this Agreement and any attachments. 2. The VENDOR, as evidenced by the execution of this Agreement, acknowledges that it has examined all specifications and requirements of this bid. The VENDOR further acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of all requirements provided by this Agreement. 3. The Agreement between the CITY and the VENDOR include the following documents which are attached hereto and incorporated herein by reference of the following: AGREEMENT DOCUMENT (S) Invitation to Bid Standard Form of Agreement Corporate Acknowledgment Certificate Insurance Requirements Sample Insurance Form Drug Free Work Place Certification Specifications Proposal (Schedule of Pricing) Bid Signature Page PAGE NUMBERS 1-5 6- 10 11 12 13 14 15 16 - 28 29 - 30 31 Statement of No Bid 32 References 33 Addenda numbers to delivered after execution of this Agreement. 4. 5. inclusive, and any modifications The term of this Agreement shall commence on the date written above. This Agreement shall be governed by the laws of the State of Florida as now and hereafter in force. The venue for actions arising out of this agreement shall be Palm Beach County, Florida. 6. All notices, requests, demands, and other given if personally delivered or mailed, certified mail, return receipt requested, to the following addresses: As to City: City of Delray Beach, FL 100 NW 1st Avenue Delray Beach, FL 33444 As to VENDOR: Gary Moore 630 31st St. Miami, FL 33137 7. The VENDOR shall not, without prior written consent of the CITY, assign any portion of its interest under this Agreement and, specifically, the VENDOR shall not assign any moneys due or to become due without the prior written consent of the CITY. 8. The CITY and the VENDOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto in respect to all convenants, conditions and obligations contained in the Agreement. 9. In consideration of ten dollars ($10.00) and other valuable consideration, the VENDOR shall defend, indemnify and save harmless the CITY, 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 VENDOR and any persons employed or utilized by the VENDOR in the performance of this Agreement. VENDOR agrees that negligent, reckless or intentional wrongful 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. VENDOR agrees that negligent, reckless or intentional wrongful 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 VENDOR, its agents, servants or employees. VENDOR 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 VENDOR 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 VENDOR, its agents or employees. This indemnification includes all costs and fees including attorneys fees and costs at trial and appellate levels. The CITY will pay to the VENDOR the specific consideration of ten dollars and other good and valuable consideration as specific consideration for the indemnification provided herein. Furthermore, the VENDOR acknowledges that the bid price includes said consideration for the indemnification provision. 10. The VENDOR/ARTIST retains (1) copyright of designs created (2) all rights to the Artists Rights Act of 1990, and any successor act, except that the VENDOR hereby waives the rights under 17 U.S.C. 106(a) and (3) all rights expressly granted in this Agreement. The VENDOR grants to the CRA and the CITY an irrevocable license to graphically depict the artwork in any non- commercial manner or media whatsoever to promote the CRA, CITY or the CITY's cultural programs. 11. The VENDOR/ARTIST hereby acknowledges that the artwork will become an integral part to the streetscape and 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 structure or the renovation, destruction or redevelopment of the building or structure. Not withstanding the foregoing, VENDOR/ARTIST hereby consents to the incorporation of the artwork into the streetscape and waives any rights in the artwork granted by 17 U.S.C. 106A(a), Visual Artists Rights Act of 1990. This waiver does not apply to any uniquely made objects that are independent artworks that can be removed from the streetscape. 10. This Agreement shall be considered null and void unless signed by both the VENDOR and the CITY. 11. This Agreement and the documents attached hereto and listed above constitute the entire agreement between the CITY and the VENDOR and may only be altered, amended or repealed by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the ATTEST: , '~reff Perlman, Mayor City Clerk Approved as to form: City Attorney WITNESSES: (please type or print name) (please type or print name) FLORIDA VENDOR: By: (please type or print name) l0 EXHIBIT A CONSULTING SERVICE AUTHORIZATION DATE: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract. Title: SW-NW 5~ Avenue - SW 1~ Street to MLK Blvd. I. PROJECT DESCRIPTION Aesthetic design of the art components for the streetscape for 5~- Avenue between 2_"-~ Street NW and 1st Street SW in coniunction with the City of Delray Beach's contracted en,qineerin,q consultant. II. SCOPE OF SERVICES Phase I - Design Phase (50% Construction Documents) The artist will prepare drawings and wdtten description of the Concept Plan, approved by the CRA in a previous and separate contract, with sufficient detail to provide cost estimates and budget for fabrication and implementation of the art components. In addition, artist will attend public meeting for presentation to the community. Phase 2 - Final Design Phase(100% Construction Documents) Based on the approved Phase 1 documents the artist shall prepare Final Construction Documents for the Art Components, setting forth in detail the requirements for the rustic terrazzo, color concrete selection and location, light pole specifications and bronze insert design and fabrication. Artist shall review and comment on documents prepared by the City's engineering consultant in connection with the Art components for compliance with the previously approved design intent. Phase 3 - Bidding/Negotiation If requested by the City, attend the pre-bid conference with general contractors. Phase 4 - Construction & Fabrication If requested by the City, attend the pre-construction conference. The Artist shall fabricate 20 of the previously approved bronze inserts, 5 each of the 4 distinct designs. The CRA and City of Delray Beach shall have the right to review the Art Work at reasonable times during the fabrication. The artist shall deliver to the City of Delray Beach these bronze inserts to be provided to the contractor for installation per the construction documents. The Artist shall review and approve the samples, shop drawings and/or other third party submissions for the art components for their conformance with the Construction Documents and the Artist's Design Intent. The Artist shall make site visits as necessary to supervise the installation of the art components. Phase 5 - Final Acceptance The Artist shall advise the City of Delray Beach in wdting upon completion of the Artistic services as outlined above. Within thirty (30) days of receipt of such notice, the City shall give the Artist written notice of Final Acceptance or notice that the specified unfinished services have not yet been satisfactorily complete. Prior to final payment the Artist shall submit final documentation in the form of color print images and digital images (jpeg) of the Art Components in a form suitable for presentation. Ill. BUDGET The City of Delray Beach shall pa,/the Artist a Fixed Fee of $68,000 for the Scope of Services as outlined above which shall constitute compensation for service and materials to be performed and furnished by the Artist under this a,qreement. Phase 1 - Design Phase Phase 2 - Final Design Phase Phase 4 - Construction & Fabrications $ 4,000 $12,000 Fabrication of Bronze Inserts Upon 25% complete of fabrication process - (contract with foundry, development of molds) $20,000 Upon Delivery of bronze inserts $20,000 Construction Upon completion of review and approvals of samples, shop drawings etc Upon completion of site supervision visits $ 3,000 $ 3,000 Phase 5 - Final Acceptance $ 4,000 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date [ ~_ ~/3--...Iv'--~ By: (Seal) Witness Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, this day of ,200_, was acknowledged by on behalf of the and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of ,200_. Notary Public State of Flodda My Commission Expires: Corporation [lTV OF DELRrlV BErI[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 MEMORANDUM DATE: June 21,2004 TO: FROM: City Commission David Harden, Ci~i_i_i_i_i_i_i_i_i~nager Brian Shutt, Assistant City Attorney SUBJECT: nterlocal Agreement with CRA on Gary Moore Agreement The attached interlocal agreement provides that the CRA shall pay to the City $68,000.00 within 15 days of the City invoicing the CRA for these funds. This money shall be used by the City to pay Gary Moore for the art components that will be included in the streetscape improvements along SW/NW 5th Avenue from SW 1si street to NW 2nd Street. Please place this agreement with item 8.C. on the June 22, 2004 City Commission agenda. Please call if you have any questions. Attachment CC: Chevelle Nubin, Acting City Clerk Randal Krejcarek, City Engineer Diane Colonna, CRA Executive Director INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR WORK PERFORMED BY GARY MOORE THIS AGREEMENT is made this day of ___, 200_ by and between thc CITY OF DELRAY BEACH, a Florida Municipal Corporation, (hereinafter referred to as "CITY"), and thc DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, (hereinafter referred to as the "CRA"). WITNESSETH: WHEREAS, the CITY has entered into a contract with Gary Moore for certain art components to be included in the streetscape improvements along SW/NW 5th Avenue from SW 1st Street to NW 2na Street; and WHEREAS, the CRA wishes to contribute to the cost charged by Mr. Moore as this area is within the boundaries of the CRA district; and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. The recitations set forth above are hereby incorporated herein. 2. The CRA shall, within 15 days of receiving an executed agreement between the CITY and Gary Moore and an invoice from the CITY for the $68,000.00, pay to the CITY the amount of $68,000.00. This amount shall cover the work performed by Mr. Moore under the agreement with the CITY, attached hereto and incorporated herein. 3. The term of this Agreement shall commence upon execution by both parties and shall continue until the agreement between Mr. Moore and the CITY has been concluded. 4 This Interlocal Agreement shall be filed pursuant to the requirements of Section 163.01(11) of the Florida Statutes. 5. No prior or present agreements or representations with regard to any subject matter contained within this Agreement shall be binding on any party unless included expressly in this Agreement. Any modification to this Agreement shall be in writing and executed by the parties. 6. The validity of any portion, article, paragraph, provision, clause, or any portion thereof of this Agreement shall have no force and effect upon the validity of any other part of portion hereof. 7. This Agreement shall be governed by and in accordance with the Laws of Florida. The venue for any action arising from this Agreement shall be in Palm Beach County, Flor/da. 8. Neither the CITY nor the CRA shall assign or transfer any rights or interest in this Agreement. 9. This Agreement shall not be valid until signed by the Mayor and the City Clerk. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Print Name: CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor COMMUNITY REDEVELOPMENT AGENCY By:_ 2 STATE OF FLORIDA COUNTY OF PALM BEACH (SEAL) The foregoing instrument was acknowledged before me this __ day of ., 200_, by ., as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public - State of Florida Date: 16 Jun 2004 AGENDA ITEM NUMBER: AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 22 Jun 2004 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Vendor Agreement and Service Authorization #1 with Gary Moore for the design and installation of art improvements along SW/NW 5th Avenue from SW Ist Street to MLK Blvd. The CRA has agreed to pay the cost of this service authorization. Total cost is $68,000. The Vendor agreement is subject to review and approval by City Attorney. Staff Recommendation: Apnroval / Department Head Signature: ~t/~/~~ City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding Available: Yes / No Initials: NA Account Number Description Account Balance: Funding Alternatives: City Manager Review: Approved for Agenda: ~s / No Initials: Hold Until: Agenda Coordinator Review: Received: (if applicable) S:\EngAdmin\Projects\2003\2003-037\Official\2004-06-22 agenda.doc Date: 16 Jun 2004 AGENDA REQUEST AGENDA ITEM NUMBER: (if applicable) Funding Alternatives: City Manager Review: Approved for Agenda: Yes / No Initials: Hold Until: Agenda Coordinator Review: Received: S:\EngAdrain\Projects\2003\2003-037\Official\2004-06-22 agenda.doc Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda Special Agenda When: 22 Jun 2004 Description of Agenda Item (who, what, where, how much): Request for Commission authorization/approval for Mayor to execute Vendor Agregment and Service Authorization #1 with Gary Moore for the design and installation of art improvements along SW/NW 5th Avenue from SW Ist Street to MLK Blvd. The CRA has agreed to pay the cost of this service authorization. Total cost is $68,000. The Vendor agreement is subject to review and approval by City Attorney. Staff Recommendation: Approva~ Department Head Signature: City Attorney Review/Recommendation (if applicable): Budget Direet~ll~ Reyi~ (re.quired on all items involving expenditure of funds): Funding/~Available: Yes / No Initials: Account Number J_~- 3/~ZS~//- ~ Description . . ~. _._, ~,t~,tJ ~J~r/n ,3 . ~O _ MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # '~q ~ - REGULAR MEETING OF _IUNE 22. 2OO4 SERVICE AUTHORIZATION #P-01/BOY SCOUT HUT PARK/KIMLEY- HORN AND ASSOCIATES. INC. DATE: JUNE 18, 2004 This is before the City Commission to Approve Service Authorization No. P-01 to Kimley-Hom and Associates, Inc. in the amount of $29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park Project. Funding is available from 380-4150-572-63.25 (2004 G.O. Bond/Boy Scout Hut Park). Recommend approval of Service Authorization No. P-01 to Kimley-Horn and Associates, Inc. in the amount of $29,924.00 for survey and schematic site plan work to develop the Boy Scout Hut Park Project. S:\Ciiy Clerk\agenda memos\ServiceAuth.#P~O1.Boy Sceut Hut Par k. Kimley-H orn.06.2Z 04 www. MyDelrayBeach.com City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: FROM: DATE: SUBJECT: David T. Harden Randal L Krejcarek, P.E. ,~~ 17 Jun 2004 Boy Scout Hut Park Service Authorization # P-01 Kimley-Horn & Associates, Inc. Project #2004-053 The attached Service Authorization number P-01 with Kimley-Horn and Associates, Inc. is for the survey and schematic site plan work to develop the Boy Scout Hut Park. This 5-acre park will include a fitness trail, playground, pavilion and possibly an expansion of the adjacent Lutheran Church soccer field. Detail design of this park will be developed under a separate service authorization. The length of this service authorization will be 90 days. The cost is $29,924.00, which includes a fee of $8,360.00 for survey work to be completed by Heller-Weaver and Sheremeta, Inc. Funding is available in account # 380-4150-572-63.25. The attached map shows the location of this park. Please place this service authorization on the 22 Jun 2004 Commission agenda. Thanks! Enc Cc Joe Weldon · Joe Safford file S:~EngAdminV=rojects~OO4~OO4-O53~OFFICIAL~2004 jun 22 agenda memo. doc LJ Si~ELD RD. MARTIN LU~IER ST. 3RD ST, KiNG dR. _ I ATLANTIC ~11 ~-~-~, aTY of DELRAY BEACH II ~ II ]11 ~,L~.~,/ ENVIRONMENTAL SERVICESDEPARTMENT II "-alL/II ~ ,~.o,.,'~.w,a'o.^~',~ue.a~,,.~',,.e^c..._o~^:~4,~ II ~)D LANE AK E IDA ROAD DRIVE II II AVENUE BOY SCOUT LOCATION MAP 2004-053.0 CONSULTING SERVICE AUTHORIZATION DATE: June 16, 2004 SERVICE AUTHOKIZATION NO. 1 FOR CONSULTING SERVICES CITY P.O. NO. C1TY EXPENSE CODE TITLE: SITE PLANNING AND PUBLIC INVOLVEMENT FOR BOY SCOUT HUT NEIGHBORHOOD PARK I. PROJECT DESCRIPTION The City of Delray Beach (City) passed a $24 million Parks Bond Program to fiuance improvements to the City's parks, library and Old School Square. The first assignment presented to the Kimley-Horn and Associates team (Consultant) is to prepare a schematic site plan, and coordinate with the local community for the proposed improvements to Boy Scout Hut Neighborhood Park located on Lake Ida Road The park site is approximately 5-acres in size and currently includes a building utilized by the Boy Scouts, a sewer lift station, asphalt parking, a storm water retention area and an under utilized baseball field. The proposed improvements include a fitness trail, playground, pavilion and possibly an expansion of the adjacent Lutheran Church Soccer field. H. SCOPE OF SERVICES This work authorization includes the necessary site evaluation, conceptual planning, public involvement and coordination needed to prepare a schematic site plan for the project. 1.0 PROJECT SURVEY This task includes the preparation of a boundary, topographic and tree survey of the 5 acre park. Utilizing the survey prepared by Heller-Weaver and Sheremeta, Inc. a base map will be prepared and utilized for the schematic site plan. The survey will include a topographic survey which will locate all above-ground improvements including buildings, asphalt pavement, sewer manholes, catch basins, power poles, fire hydrants, etc. No sub-surface utility locations are anticipated as part of this phase. Additionally, surveying of the Lutheran Church parcel is not included in this proposal. 2.0 SITE REVIEW AND RECORDS EVALUATION The CONSULTANT will visit the site and review available record drawings, utility maps, permit records and other information provided to us by the City determine the function and uses of the existing park facilities. Specifically, the storm water retention Ciiy of Delray Beach, June 16, 2f~04, Pal~ 2 area will be evaluated to determine if its size can be modified. Additionally, the size and quality of the existing tree canopy will be qualitatively evaluated. 3.0 PRELIMINARY SCHEMATIC SITE PLAN PREPARATION Once the existing site condition has been ascertained and understood a preliminary schematic site plan will be prepared to generally reflect the existing and proposed uses of the Park. Schematic improvements will be consistent with those outlined in the City's master plan and will include a fitness trail, playground and associated equipment and a pavilion. The Lutheran Church will be contacted regarding the dual use of a soccer field. The need for public restrooms will be evaluated at this point. Once the preliminary schematic site plan has been prepared a review meeting will be held with City Staff to obtain input in preparation for the public involvement activities described below. If additional revisions are requested these shall be provided as an additional service. 4.0 PUBLIC INVOLVEMENT AND COORDINATION Once approval of the schematic site plan has been received from the City, the CONSULTANT will be conduct two meetings with the community to present the proposed improvements and obtain feedback. Anticipated attendees at the public meetings will be the Boy Scouts, Lutheran Church and Enfield Home Owners Association. The First meeting will be held at the completion of the schematic site plan. The public meeting will address the anticipated proposed improvements, type of playground equipment proposed, facility utilization, and schedule. Public Workshop/ti- The Consultant shall facilitate a public workshop for discussion regarding the schematic site plan and design and development program for thc park. The agenda for thc public workshop shall discuss thc community needs for thc proposed park, thc schematic site plan, thc proposed improvements, type of playground equipment proposed, thc facility utilization and opportunities for integrating public art into thc proposed park. The Client shall bc responsible for public advertisement and notification of homeowners, as well as reservation of a meeting space and any refreshments required. Thc team shall provide sign-in sheets and flipcharts to record public comments. Public Workshop #2- The Consultant shall facilitate a second public workshop to discuss the final site plan for the park (to be prepared in Task 5.0). The second workshop will be held after completion of the final site plan. The Client shall be responsible for public advertisement and notification of homeowners, as well as reservation of a meeting space and any refreshments required. The Consultant shall provide sign-in sheets and flipcharts to record public comments. 5.0 FINAL SCHEMATIC SITE PLAN PREPARATION Once comments are received from the initial public meeting, a final schematic site plan will be prepared. The Consultant will meet with the City to review public comments from the first workshop and to agree on the elements that will be included in the final site plan The final schematic site plan will include a preliminary layout of all proposed improvements (playground, pavilion etc), manufacturers data on equipment and preliminary opinion of construction cost. 6.0 SERVICES NOT INCLUDED This authorization is intended to be for planning purposes only and does not include any preparation of construction documents. Additionally, due to the requirements of the site plan approval process by the City (preliminary engineering plans, landscape plans, etc) a formal site plan approval is not included in this authorization. 7.0 INFORMATION PROVIDED BY THE CITY In addition to providing site access assistance, the City shall provide the Consultant with all pertinent available records to be reviewed as part of Task 2.0 outlined above. The City shall also provide initial contact information for the anticipated attendees at the public meetings, specifically the Boy Scouts, Lutheran Church and Enfield Home Owners Association, as well as the appropriate City agencies and departments. III. BUDGET The CONSULTANT will provide the basic services described in this scope of services for the lump sum amount of $21,564.00 as shown in the attached staff hour estimate plus $8360.00 for a project survey for a total fee of $29,924.00 Tiffs fee includes $27,787.00 of labor and $2,137.00 of expenses. The lump sum amount does not include any allowance for Additional Services. IV. COMPLETION DATE We anticipate that the services described above will be completed within 90 days of obtaining Commission approval of this Service Authorization. The CONSULTANT may not commence work on any service authorization approved by the City to be included as part of the contract without a further Notice to Proceed. City of Delray Beach, June 16, 2004, Pag~ 4 Approved by: CITY OF DELRAY BEACH: KIMLEY-HORN AND ASSOCIATES, INC Date: ~ Date: ~ ~ ~ By: (Seal) Witness Wimess Attest: Attest: Approved as to Legal Sufficiency and Form BEFORE ME, the foregoing instrument, This day of ,2004 was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there-in expressed. Witness my hand and seal in the County and State aforesaid this day of ~ 2004. Notary Public State of Florida My Commission Expires: June 14,2004 Ms. Angelina Fairchild, P.E. Kimley-Rorn & Associates, Inc. 4431 Embarcadero Drive West Palm Beach, FL 33407 Via Email & USPS Re: Boy Scout Hut Park Property, Lake Ida Road, Delray Beach Survey Services Dear Mw. Fairchild: Pursuant to your request, our firm welcomes the opportunity to provide professional services on the aforementioned project. The following is a breakdown of our services and associated fees: Survey Services: TASK 1: Prepare Boundary Survey of Boy Scout Hut Park Property. Property: 413 Lake Ida Road PCN 1243460821005020 and PCN 12434608210120070 Subject property is approximately five (5) acres, more or less. TASK 2: Provide Toeoaraohic Survey Locate all above-ground improvements within subject property including buildings, asphalt pavement, sewer manholes, catch basins, power poles, fire hydrants, etc. Obtain existing elevations within subject property at approximately a fifty (50) foot grid. Obtain rim and invert elevations, including size of pipe, on assessable catch basins and sanitary sewer manholes (excluding lift station man hole). Note: No sub-surface utility locations are included in this service authorization. TASK 3: Tree Survey Locate existing trees on subject parcel and identify with common name and trunk size measured at approximately 3.5' above existing grade. FEES: Task 1: $ 2,500.00 Task 2: $ 4,000.00 Task 3: $ 1,100.00 TOTAL LUMP SUM' $ 7,600.00 Ms. Angelina Fairchild, P.E. June 14, 2004 Page Two TIME FRAME: Allow 30 days from authorization to proceed for finished survey documents. Should you have any questions or require anything further on my part, please call. Sincerely, Heller-Weaver and Sheremeta, Inc. John D. Weaver, PSM President F~LE: SCOUT.HUT.FAIRCHiLD.061404 Acceptance Clause Acceptance of proposal/contract by: Kimley-Horn & Associates, Inc. By: Title Date Your signature on this contract indicates your understanding and acceptance of the terms and conditions noted herein, your authorization to perform the work as outlined in this proposal / contract, as well as your personal guarantee of payment for services hereunder. Date: 17 Jun 2004 AGENDAITEM NUMBER:__~ AGENDA REQUEST Request to be placed on: X Consent Agenda Regular Agenda Workshop Agenda When: 22 Jun 2004 Description of Agenda Item (who, what, where, how much): This agenda is for Service Authorization number P-01 with Kimley -Horn and Associates, Inc. for the survey and schematic site plan work to develop the Boy Scout Hut Park. This 5-acre park will include a fitness trail, playground, pavilion and possibly an expansion of the adjacent Lutheran Church soccer field. The cost is $29,924.00. Funding is available in account # 380-4150-572-63.25. Recommendation: Staff recom mend~aoor.~al 0 _ Department Head Signature: (~/~--~-~ '~ (~ -/~° ~/ City Attorney Review/Recommendation (if applicable): Budget Directo~,Review (requ/~r4~d on all iterps involving expenditure of funds): Funding ~vailable: Yes / No Initials: Yes . 380-415-~572-63.25 Boy Scout Hut Park (if applicable) Account Number Description Account Balance: $349,020 Funding Alternatives: City Manager Review: Approved for Agenda: ~ No Hold Until: Initials: Special Agenda Agenda Coordinator Review: Received: S:\EngAdmin\Projects\2004\2004-053\OFFICIAL\2004 jun 22 agenda.doc [ITY OF DELRrI¥ BEI:IrH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH DATE: June 8, 2004 MEMORANDUM TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Boy Scout Agreement I have reviewed the agreement and find it acceptable (once properly witnessed) as to legal sufficiency and form. I would suggest that, due to the policy issues involved, the agreements be placed on~mmission agenda for their approval. SAR.'?~ ~ ..... Attachment Cc: Kendra Graham, C.D. Program Administrator Ferline Francois, Staff Assistant II AGREEMENT THIS AGREEMENT, made this day of ,2004, by and between the CITY OF DELRAY BEACH, a municipal corporation, (City), 100 N.W. Is~ Avenue, Delray Beach, FL 33444 and BOY SCOUTS OF AMERICA, GULF STREAM COUNCIL, INC., (BSA) 8335 North Military Trail, Palm Beach Gardens, FL 33410. WlTNESSETH: WHEREAS, The City received an Urban Development Action Grant (UDAG) from the U. S. Department of Housing and Urban Development (HUD) in the amount of $3.8 million that was subsequently loaned to the developers of Auburn Trace, an affordable multi-family rental housing complex located within the CDBG Target Area. WHEREAS, Revenue from the repayment of the UDAG grant is used to fund various neighborhood activities; and WHEREAS, A portion of these funds will be used to sponsor a Scouting program at Village Academy. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of recitals. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them as if fully set forth in this Agreement. 2. Term. This Agreement shall commence on June 1, 2004 and terminate on April 30, 2005. 3. Payment. The maximum amount payable by the City under this Agreement will be Eleven Thousand Dollars and 00/100 ($11,000). The City will reimburse BSA on a monthly basis for approved expenditures as per Exhibit ~A~, attached hereto and incorporated herein. Invoices must be received by the 5th of each month for payment to be made in the month in which invoice is submitted. Prior to reimbursement of funds by the City, BSA shall, no later than the 5th of each month and in a format prescribed by the City, submit the following documentation: (a) Monthly time sheets reflecting actual time worked by the Scouting Coordinators funded under this Agreement; (b) Direct Benefit Activity form showing summary statistics on race, ethnicity, and income level of clients served by the program (quarterly); (c) Monthly activity report BSA shall also be required to provide an Agreement, acceptable to the City, between BSA and Village Academy for use of space at Village Academy prior to any reimbursement by the City. 4. Indemnification. BSA shall indemnify and hold harmless the City, its officers, agents and employees from all suits, actions, claims and liability arising out of the acts or omissions of BSA or its agents, employees, invitees, or any other person related in any manner to BSA, as it relates to this Agreement. 5. Venue/Laws. This Agreement shall be governed by the Laws of the State of Florida and venue shall be in Palm Beach County. 6. Entire Aqreement. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 7. Assi.qnment or Transfer. This Agreement may not be assigned or transferred by BSA in whole or part without the wdtten consent of the City. IN WITNESS WHEREOF, the parties have entered into this Agreement on the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk David Harden, City Manager Approved as to Legal Form: City Attorney WITNESSES: Signature Print Name Signature Print name BOY SCOUTS OF AMERICA, GULF STREAM COUNCIL, INC. By: ~-'~"~'.~/~--~ Micha~'Kiel, Senior District Exec. EXHIBIT "A" Salary: 4 part-time Scouting Coordinators @ $10/hr., 2 hrs./wk x 41 weeks/year Weekly Pack meetings & Preparation Field tdp salaries & trip expenses/misc. Scouting Coordinator Training Fee $20/hr., 3 hour session, 2 times) Registration & Insurance (80 youth @ 10.80; 5 Adults @ 10.80) Uniforms (awarded to Scouts with consistent participation; 80 @ $30 for a partial uniform) Handbooks & Advancements (80 @ $15 per Scout) Program Supplies $ 3,280 1,462 160 918 2, 400 1,200 1,580 $11,000 3 i:IT¥ OF DELRri¥ BErlI:H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH AIFAmedca City DATE: June 16,2004 MEMORANDUM TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Third Amendment to Tripartite and nterocal A.qreement- Library This Third Amendment to the Tripartite and Intedocal Agreement modifies certain dates. Construction is to commence by August 31, 2004, instead of March 31, 2004, and the library must deposit monies with the City by July 31, 2004 (instead of the previous requirement of December 20, 2004). The Agreement also requires the library to meet the terms and requirements in the technical assistance advisement request and response attached as Exhibit 1 to the Amendment. P~on the June 22, 2004 agenda. SAR:b'~ ~ - Attachment Cc: Diane Colonna, Director, CRA John Callahan, Delray Beach Library Bob Federpiel, Esq. AMENDMENT NO. 3 TO THE TRIPARTITE AND INTERLOCAL AGREEMENT DRAFT THIS AMENDMENT NO. 3 to the Tripartite and Interlocal Agreement dated July 1, 2003, and Amendment Nos. 1 and 2 thereto is made by the CITY OF DELRAY BEACH, FLORIDA (the "City") and the CITY OF DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (the "CRA") and the DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. (the "Library"). WITNESSETH: WHEREAS, the CITY, the CRA and the LIBRARY desire to amend the above interlocal agreement and amendments in order to revise certain dates contained therein; and WHEREAS, the CITY and the LIBRARY desire to amend certain parts of the agreement as it pertains to dates to commence construction and dates to deposit with the CITY monies as required, and to incorporate requirements that the LIBRARY comply with the terms of the technical assistance advisement for purchases which is incorporated herein as if fully set forth herein, including but not limited to the duty of the LIBRARY to revise all its contracts as may be needed to incorporate the requirements specified in the request for the technical assistance advisement by the technical assistance advisement itself and as required by law. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows: 1. The recitals are incorporated as if fully set forth herein. 2. The Construction Agreement, Exhibit G to the Intedocal and Tripartite Agreement, is hereby amended to require that commencement date for construction occur by August 31, 2004 instead of March 31, 2004. 3. That Section 14 of the Tripartite and Interlocal Agreement is hereby amended to require the LIBRARY to deposit with the CITY $3,200,000.00 prior to issuance of a purchase order for the library construction by the CITY and no later than July 31, 2004, instead of December 20, 2003 as previously required. 4. That the LIBRARY will insure that it meets all the technical assistance advisement requirements as specified above in the recitals, as incorporated in Exhibit 1 hereto and as may be necessary to comply with law. 5. That all other terms of the original Interlocal Agreement and Amendments thereto remain in full force and effect except as may be expressly modified herein. iN WITNESS WHEREOF, the parties have heretofore set their hands and seals on the day and year first above written. ATTEST: City Clerk Approved as to Form: CITY OF DELRAY BEACH, FLORIDA By: Jeff Perlman, Mayor City Attorney 2 ATTEST: Print Name: Approved as to Form: DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY By: Howard Ellingsworth, Chairman Print Name: DELRAY BEACH PUBLIC LIBRARY ASSOCIATION, INC. By: Print Name; Its President 3 CITY OF DELRrlY BEACH CITY ATTORNEY'S OFFICE DELP, AY BF. ACH March 11, 2004 Office of General Counsel Tax Policy and Property Resolution Florida Department of Revenue 501 S. Calhoun Tallahassee, FL 32399-0100 200 NW 1st AVENUE * DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 WRITER'S DIRECT LINE 561/243-7091 Re: Technical Assistance Advisement Purchases by the City of Delray Beach for a Public Library Taxpayers I.D. Number Section 212.08(6), Rule 12A-1.094, F.A.C. To Whom It May Concem: I wdte on behalf of the City of Delray Beach, Florida, to request a Technical Assistance Advisement. I am the City Attorney for the City of Delray Beach and am a full time employee for the City. The City of Delray Beach, Flodda, has received a Grant from the State of Flodda for the construction of the Library in the amount of $500,000 (State Aid to Libraries Grant Funding). Under the Grant, the City is the eligible political subdivision and the single library administrative unit and the Delray Beach Public Library Association, Inc. is the designated governing body to provide library services (see Exhibit 1). The City will own the land and the library building. The City has entered into contracts with the Delray Public Library Association, Inc. (Library), Palm Beach County (County), and the Community Redevelopment Agency (CRA) in order to facilitate the construction of a parking garage to be used by the County for its courthouse, the City of Delray Beach and by the Library Association. The Library Association, under our agreements, is required to build the library to be owned by the City. After a Certificate of Occupancy is obtained, the Library will lease the land and building for 99 years and the Library Association may purchase the library and lands after 20 years. (See Exhibit 2). The Library Association has entered into a Construction Management Contract for the construction of the Library. (See Exhibit 5). Under the contract with the City, the Library Association is to deposit all sums it has raised with the City of Delray Beach. (See Exhibit 2, Page 9, Paragraph 14 of the Tripartite and Interlocal March 11, 2004 Page 2 Agreement dated July 1, 2003). In addition, the City has provided a bridge loan that will be repaid by the Library in the amount of $800,000. (See Exhibit 2). The City shall provide a grant to the Library of up to $2.5 million for library construction. (The CRA will pay to the City $666,000 of the $2.5 million dollar grant). The funds are to be deposited with the City of Delray Beach in the City's Library Building Fund to be used for Library construction. Exhibit G of Exhibit #2 contains a Construction Agreement between the City and the Library. Page 4 of Exhibit G of Exhibit 2 requires the Library to contribute funds and the City to contribute funds to the account. (See Exhibit 3). The City shall disburse all funds upon the City's receipt of draw requests as may be acceptable to the City with lien waivers etc. In addition, the City has, by referendum, the authority to issue $1,000,000.00 in general obligation bonds for fixtures and furnishings. The only financing for the project will be financings by the City of Delrey Beach. All other funds coming from the Library Association or the Community Redevelopment Agency, are not funds obtained by financing. The Library Association, Inc. was created in 1939 and is a 501(c)(3) not-for-profit organization. (See Exhibit 4). Based on the foregoing, the City seeks a technical advisement on the issue of whether the purchase of construction materials are tax exempt under the documents set forth herein, wherein the Library is the City's purchasing agent and the Contractor abides by the special conditions set forth in Exhibit 6. All direct purchase shall be made by the City through its purchasing agent (the Library) and shall meet requirements of the contract between the Construction Manager and the Library Association as modified by the terms in Exhibit 6. (See Exhibits 5 and 6). In the alternative, if the City may not use the Library Association as a purchasing agent, then the City will enter into a contract with the contractor covering purchase orders and will not use the Library as its purchasing agent. (See Exhibit 7). However, the City prefers to use the Library as a purchasing agent, if possible. (See example, Exhibit 6). Under both scenarios (see Exhibits 6 and 7), the City will be the owner of the materials, assume the risk of loss, provide insurance for the materials and pay for the materials. March 11, 2004 Page 3 Please advise whether under any of the above scenarios, the purchase of construction materials can be exempt from sales tax. Please have a member of your staff review these provisions and send me a Technical Assistance Advisement confirming that the proposed procedures, if followed, will result in a tax exempt transaction. I appreciate your prompt response as it is anticipated that construction will commence on or about April 15, 2004. If you need additional information, please feel free to contact me directly at 561-243-7091. Sincerely, OFFIC~_.-~)F'-T,,HE CITY ATT(::~L~ ~ CD;Y~OF DEL'RAY BEACH, FLORI, E~ . J SAR:smk David T. Harden, City Manager- w/o attachments Joseph Safford, Finance Director - w/o attachments John Callahan, Library Director - w/o attachments Bill Branning, BSA Corporation - w/o attachments Attachments List: Exhibit 1- Exhibit 2 - Exhibit 3 - Exhibit 4 - Exhibt 5 - Exhibit 6 - Exhibit 7 - Florida Dept. of State Division of Library and Information Services Public Library Construction Grant Agreement Resolution No. 79-03, Tripartite and Interiocal Agreement between the City of Delray Beach, Community Redevelopment Agency and Delray Beach Public Library Association, Inc. Construction Agreement between the Delray Beach Public Library Association, Inc. and the City of Delray Beach Charter of Delray Beach Public Library Association Construction Manager's Contract between the Library Association and Contractor Tax Exempt Purchases, Special Conditions - Library as Purchasing Agent Tax Exempt Purchases, Special Conditions - City as Purchasing Agent DEPARTMENT OF REVENUE Jim zIngale Executive Director April 22, 2004 General Tax Administration Child Support Enforcement Property Tax Administration Administrative Services Information Services Susan A. Ruby, City Attorney City of Delray Beach 200 N-W 1st Avenue Delray Beach, Florida 33444 Re: Technical Assistance Advisement 04A-030 Sales and Use Tax - Public Works Contract Section: 212.08(6), F.S. Rules: 12A-1.051, 12A-1.094, F.A.C. Petitioner: City of Deiray Beach (herein "City") FEI: 59-6000308 Dear Ms. Ruby: This letter is a response to your petition dated March 11, 2004, for the Department's issuance of a Technical Assistance Advisement ("TAA') concerning the above referenced party and matter. Your petition has been carefully examined and the Department finds it to be in compliance with the requisite criteria set forth in Chapter 12-11, F.A.C. This response to your request constitutes a TAA and is issued to you under the authority ofs. 213.22, F.S. FACTS Your petition sets forth the following facts: [City] has received a Grant from the State of Florida for the construction of the Library in the amount of $500,000 (State Aid to Libraries Grant Funding). Under the Grant, the City is the eligible political subdivision and the single library administrative unit and the [Library Association] is the designated governing body to provide library services .... The City will own the land and the library building. The City has entered into contracts with the [Library Association], [County] and the Community Redevelopment Agency in order to facilitate the construction of a parking garage to be used by the County for its courthouse, the City . . . and by the Library Association. The Library Association, under [the] agreements, is required to build the library to be owned by the City. After a Certificate of Occupancy is obtained, the Library [Association] will lease the land and building for 99 years and the Library Association may purchase the library and the lands after 20 years .... RECEIVED 2 6 Tallahassee, Florida 32309-0100 C[T~,~'f'0RNEY Technical Assistance Advisement Page 2 The Library Association has entered into a Construction Management Contract for the construction of the Library. Under the contract with the City, the Library Association is to deposit all sums it has raised with the City .... In addition, the City has provided a bridge loan that will be repaid by the Library [Association] in the mount of $800,000 .... The City shall provide a grant to the Library [Association] of up to $2.5 million for library construction. (The CRA will pay to the City $666,000 of the $2.5 million [] grant[.])[] The funds are to be deposited with the City... in the City's Library Building Fund to be used for Library construction .... In addition, the City has, by referendum, the authority to issue $1,000,000.00 in general obligation bonds for fixtures and furnishings. The only financing for the project will be financings by the City .... All other funds coming fi.om the Library Association or the Community Redevelopment Agency, are not funds obtained by financing. The Library Association, Inc. was created in 1939 and is a 501(c)(3) not-for-profit organization. City wishes to impose Special Conditions on the construction agreement in order to make direct purchases of the materials to be incorporated into the public work to affect a tax savings on the cost of the project. City desires to have the Library Association act as its purchasing agent. To this end, City has drawn up Special Conditions that contain the following provisions: 1. City shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as requested by Contractor and agreed upon by City in the form of a change order. The provision states that the purchases will be made through the City's formally denominated Purchasing Agent, which is identified as the Library Association. 2. Contractor will select the suppliers from whom materials will be purchased for purposes of making up their bids and will submit a list of supplies and suppliers with their bids. 3. Contractor shall furnish detailed Purchase Order Requisition Forms ("Requisitions") for all City purchased materials to the Library Association. 4. Upon receipt of a Requisition, the Library Association shall issue a purchase order directly to the vendor. Such Purchase Order shall include a copy of City's Consumer's Certificate of Exemption. It is not clear whether the purchase order will be City's purchase order or Library Association's purchase order. 5. Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending incorporation into the project. The contractor's possession of the materials will constitute a bailment. The contractor will have the duty to safeguard, store Technical Assistance Advisement Page 3 and protect the materials while in its possession until returned to City through incorporation into the Project. 6. After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with Library Association's issuance of payment to the supplier; the Library Association will process the invoices and issue payment directly to the supplier from an account.~ 7. City or Contractor will purchase and maintain insurance, which will be sufficient to cover City purchased materials. REQUESTED ADVISEMENT Advice is requested whether the procedures set forth in the Special Conditions are sufficient for City to take advantage of its tax exempt status on the purchase of materials to be used in the contract. LAW Sales to governmental units are exempt from sales tax pursuant to section 212.08(6), F.S., which provides: There are also exempt from the tax imposed by this chapter sales made to the United States Government, a state, or any county, municipality, or political subdivision of a state when payment is made directly to the dealer by the governmental entity .... This exemption does not include sales of tangible personal property made to contractors employed either directly or as agents of any such government or political subdivision thereof when such tangible personal property goes into or becomes a part of public works owned by such government or political subdivision .... Rule 12A-1.038(4), F.A.C., entitled "Sales Made Directly to Governmental Units," contains guidelines for claiming and documenting the exemption. Governmental entities must obtain a consumer's certificate of exemption from the Department. Vendors are required to obtain for their records proper documentation of the exempt status of the sale. By its terms, section 212.08(6), F.S., exempts only direct purchases by governmental entities. The exemption does not apply when a contractor, employed by a governmental entity, purchases tangible personal property which is to be incorporated into public works owned by the entity. Administrative guidelines governing the taxability of materials purchased for public works contracts, such as those involved in the instant situation, are contained in Rule 12A-1.094, F.A.C., which provides: ~ The Special Conditions should indicate that the account from which payment is made is a City- owned account. ' Technical Assistance Advisement Page 4 (1) This rule shall govern the taxability of transactions in which contractors manufacture or purchase supplies and materials for use in public works .... (2) The purchase or manufacture of supplies or materials by the contractor for incorporation into a public works project is taxable to the contractor since he is the ultimate consumer .... (3)(a) The purchase or manufacture of tangible personal property for resale to a governmental body is exempt from tax provided this exemption shall not include sales of tangible personal property made to contractors employed either directly or as agents of the United States Government, a state, or any county, municipality, or political subdivision of a state when such tangible personal property goes into or becomes a part of public works financed or owned by such governmental bodies or political subdivisions. 00) With regard to contracts with government entities, the exemption in subsection (3)(a) is appropriate only where the levy would othenvise fall on the government itself, or on an agency or instrumentality so closely connected with that government that the two cannot realistically be viewed as separate entities, at least insofar as the activity being taxed is concerned. A finding of exempt status, however, requires something more than the implication of traditional agency notions, so that to resist a state's taxing power, a private taxpayer must actually stand in the government's shoes as a principal, rather than as a contractor employed either directly or as the government's agent. A contractor will not be deemed to actually stand in the government's shoes if the contractor has a substantial independent role in making purchases. Accordingly, the fact that title passes directly to the government and payment is made with government funds, in and of itself, cannot characterize the transaction as an exempt purchase if the purchasing entity, in its role as a purchaser, is sufficiently distinct from the government. (4) The exemption in subsection (3)(a) is a general exemption for sales made to the government .... A determination of whether a particular transaction is properly characterized as an exempt sale to a government entity or a taxable sale to a contractor shall be based on the substance of the transaction, rather than the form in which the transaction is cast. The Executive Director . . . will determine whether the substance of a particular transaction is governed by subsection (2)(a) or is a sale to a governmental body as provided by subsection (3) of this rule based on all of the facts and circumstances surrounding the transaction as a whole. The Executive Director... will give special consideration to factors which govern the status of the tangible personal property prior to its affixation to real property. Such factors include provisions which govern bidding, indemnification, inspection, acceptance, delivery, payment, storage, and assumption of the risk of damage or loss for the tangible personal property prior to its affixation to real property. Assumption of the risk of damage or loss is a paramount consideration. A party may be deemed to have assumed the risk of loss if the party either: bears the economic burden of posting a bond or obtaining insurance covering damage or loss; or enjoys the economic benefit of the proceeds of such bond or insurance. Other factors that may be considered by the Executive Director... include whether: the contractor is authorized to make purchases in its own name; the contractor is jointly or severally liable to the vendor for payment: purchases are not subject to prior approval by the government; vendors are not informed that the ' Technical Assistance Advisement Page 5 government is the only party w/th an independent interest in the purchase; and whether the contractors are formally denominated as purchasing agents for the government. Sales made pursuant to so called "cost-phis", "fixed-fee", "lump sum", and "guaranteed price" contracts are taxable sales to the contractor unless it can be demonstrated to the satisfaction of the Executive Director... that such sales are, in substance, tax exempt sales to the government. (5) Contractors who manufacture materials for incorporation into public works shall be liable for tax in the manner provided in Rule 12A-1.051, F.A.C .... DISCUSSION~ ANALYSIS AND CONCLUSION Rule 12A-1.038(4)(b), F.A.C., states that in order for a sale to a state or local governmental entity to be tax exempt, "[p]ayment for tax exempt purchases.., must be made directly to the selling dealer by the.., political subdivision of a state .... "Rule 12A-1.094(2) and (3), F.A.C., state that the purchase of materials for public works contracts is taxable to the contractor as the ultimate consumer where the contractor is deemed to be the purchaser. If the purchaser of the materials is the governmental entity, however, the transaction is exempt. For there to be an exempt transaction, the governmental entity must directly purchase, hold title to, and assume the risk of loss of the tangible personal property prior to its incorporation into realty, and satisfy various factors contained in Rule 12A-1.094, F.A.C. Under Rule 12A-1.094, F.A.C., the Department will also give special consideration to several factors (bidding, indemnification, inspection, acceptance, delivery, payment, and storage) which govern the status of tangible personal property prior to its affixation to real property when determining whether the sale is to the tax exempt entity or to a contractor. However, the assumption of risk of damage or loss during the time that the building materials are physically stored at the job site prior to their installation or incorporation into the project is a paramount consideration. The governmental entity must assume all risk of loss or damage for the tangible personal property during that period. To establish that it has assumed that risk, the governmental entity should purchase, or be the insured party under, insurance on the building materials. The Special Conditions on this contract must clearly indicate that, if Contractor is the purchaser of the builder's risk insurance, City is specifically named as the insured party with respect to the City purchased materials. To summarize, the conditions that must be met to satisfy the requirements of Rule 12A-1.094, F.A.C., and establish that the governmental entity rather than the contractor is the purchaser of materials, include: I. The governmental entity must execute the purchase orders for the tangible personal property involved in the contract, which must include the governmental entity's consumer's certificate of exemption number. The contractor may present the governmental entity's purchase orders to the vendors of the tangible personal property; · Technical Assistance Advisement Page 6 2. The governmental entity must acquire title to and assume liability for the tangible personal property at the point in time when it is delivered to the job site up until the time it is incorporated as real property; 3. Vendors must directly invoice the governmental entity for supplies; 4. The governmental entity must directly pay the vendors for the tangible personal property; and 5. The governmental entity must assume all risk of loss or damage for the tangible personal property involved in the contract, as indicated by the entity's acquisition of, or inclusion as the insured party under, insurance on the building materials. The Special Conditions appear to satisfy the foregoing requirements for exemption of transactions as sales to a governmental entity. City or the Library Association will make direct purchases of various construction materials. After receiving requisition forms from the contractors, City or the Library Association will prepare purchase orders for direct purchases. After receiving the approved invoices from Contractor, City or the Library Association will pay the vendors directly. City will retain legal, and equitable, title to all materials it purchases, will purchase and maintain builder's risk insurance on those materials it purchases (or be named as the insured party on Contractor purchased insurance). Based upon the conclusion that City is the purchaser, all purchases of materials that are made in accordance with the Special Conditions will be exempt from sales tax. However, it is necessary that a properly completed exemption certificate be extended at the time of purchase to each of the vendors. The Special Conditions will need to be included as part of the Agreement between City and Contractor, and the Special Conditions must take precedence over conflicting terms in the Agreement. It should be noted that Library Association, as a 501(c)(3) organization, could follow these same procedures to directly purchase the materials for incorporation into the project. Please note that this response does not apply to a contractor that manufactures or fabricates its own materials as specified in Rule 12A-1.094(5), F.A.C, Under the rule, the contractor and subcontractors, not the government entity, are deemed to be the ultimate consumers of the articles of tangible personal property they manufacture or fabricate to perform their contracts. As such, the contractor and subcontractors are subject to use tax on the full cost of the manufactured or fabricated articles, as detailed in Rule 12A-1.051(10), F.A.C. This response constitutes a Technical Assistance Advisement under Section 213.22, F.S., which is binding on the department only under the facts and circumstances described in the request for this advice, as specified in Section 213.22, F.S. Our response is predicated upon those facts and the specific situation summarized above. You are advised that subsequent statutory or administrative rule changes or judicial interpretations of the statutes or rules upon which this advice is based may subject similar future transactions to a different treatment from that which is expressed in this response. Technical Assistance Advisement Page 7 You are further advised that this response, your request and related backup documents are public records under Chapter 119, F.S., and are subject to disclosure to the public under the conditions of s. 213.22, F.S. Confidential information must be deleted before public disclosure. In an effort to protect confidentiality, we request you provide the undersigned with an edited copy of your request for Technical Assistance Advisement, the backup material and this response, deleting names, addresses and any other details which might lead to identification of the taxpayer. Your response should be received by the Department within 15 days of the date of this letter. S/~ncerely, ~ Tax Law Specialist Technical Assistance and Dispute Resolution Control #59281 TAX EXEMPT PURCHASES Dudng the course of this Project, City may issue a change order or change orders to delete from the contract certain items which the City desires to purchase directly and furnish to Contractor for use in the Project. This will be accomplished through City's formally denominated Purchasing Agent. Contractor agrees that if City desires to issue such Change Order, Contractor will assist the City in identifying appropriate materials and equipment to be included in the Change Order, will execute such Change Order and will participate in this tax savings program at no additional cost to the City. Furthermore, Contractor agrees to abide by and comply with the following Special Conditions. SPECIAL CONDITIONS PROVISIONS GOVERNING STATE OF FLORIDA SALE AND USE TAX EXEMPTION FOR CITY-FURNISHED MATERIALS Sales and Use Taxes. The City is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into the De[ray Beach Public Library. (Project No. 810045.000, hereinafter the "Project"). The City shall make direct purchases of all mater/als and equipment purchased for, or to be incorporated into the Project, as requested by the Contractor and agreed upon by the City in the form of a change order. All direct purchases of materials and equipment shall be made by the City with funds specifically allocated for the construction of the Project. The standard City Terms and Conditions applicable the City's Purchase Orders are included as Attachment A to this section. Each equipment supplier of equipment to be provided under the Sales Tax Recovery Program shall be obligated to meet the requirements of the City Terms and Conditions and all contract requirements of the City's contract with the Construction Manager (Contractor). 1.1 The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantifies, unit costs, manufacturers' or vendors' catalogue or order numbers, delivery insla'ucfions, and other specific terms and information that is required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the eoustrucfion of the Project, as materials and equipment need to be ordered for the Project, and submit such compilation to the City'sFormally denominated Purchasing Agent formally denominated Purchasing Agent: (b) prepare a requisition for such materials and equipment on the City's form of requisition, including the placement ora Purchasing Agent designated tracking number: and (c) deliver any such requisition to the City's Formally denominated Purchasing Agent no less than thirty (30) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, requires orders for such materials or equipment to be placed to assure delivery of such materials or equipment to the Site in accordance with the Project Schedule (the SPECIAL CONDITIONS. 1 1.2 1.3 1.4 1.5 "Order Date"). The requisition shall identify the Order Date. Upon receipt of any such requisition the City's formally denominated Purchasing Agent shall forward same to the City. The City shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Order Date (a Purchase Order). The City shall include with any such Purchase Order, a copy of the City's sales and use tax exemption certificate. The City shall make direct payment to the vendor from the City's account. The Contractor and the City's formally denominated Purchasing Agent, upon the delivery of any such materials or equipment, shall verify the conformity of such materials or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor andtheCity's formallydenominatedPurchasing Agent determine that the materials and equipment are conforming, the City shall take title and possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that the materials and equipment are non-conforming, the Contractor and/or the City's formally denominated Purchasing Agent shall immediately notify the City in writing and the City shall reject such material and equipment. The City shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption, subject to the provisions of section 1.10 below. To the extent that materials and equipment are purchased pursuant to the City's sales and use tax exemption, the Contractor and as applicable, the Subcontractor under its Contract with the Contractor, shall simultaneously reduce the Contract Amount and the penal sum of its public construction bond by 1.06 times the cost of the materials and equipment purchased directly by the City via a Contract Change Order. Invoices placed against the City's Purchase Order may not exceed the face amount of the original Purchase Order. Any cash discounts afforded shall accrue to the benefit of the City. The Contractor shall be fully responsible, to the extent required by the original contract documents, for all matters relating to the receipt of materials and equipment furnished by the City in accordance with this Special Condition, including, but not limited to, the responsibility for verifying con'ect quantities, verifying documents or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the materials and equipment at the time of delivery, and loss or damage to materials and equipment following acceptance of items due to the negligence of such Contractor or any Subcontractors. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by such Contractor for the particular materials furnished. The Contractor shall provide or arrange for all services required for the unloading (unless specifically included in the Purchase Order), handling and storage of such materials and equipment through installation. SPECIAL CONDITIONS - 2 1.6 1.7 1.8 The Contractor shall visually inspect all shipments from material and equipment vendors purchased directly by the City in accordance with this Special Condition (the "City Fumished Materials") and approve t he vendors' invoices for materials or equipment delivered, as City-Furnished Materials are furnished to the Site in accordance with this Special Condition. The Contractor shall assure that each delivery of City Furnished Materials is accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice from the vendor conforming to the Purchase Order, together with such additional information as the City may reasonably require. The Contractor shall deliver to the City's formally denominated Purchasing Agent all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for City Furnished Materials, the City's formally denominated Purchasing Agent shall accept such materials and deliver such invoice to the City for payment directly to the vendor. The Contractor shall inspect all City Furnished Materials to determine that such City Furnished Materials conform to the Contract Documents, and to determine prior to incorporation into the Work whether any such City Furnished Materials are patently defective, and whether such City Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non-conforming City Furnished Materials upon such visual inspection, Contractor shall: (1) not recommend acceptance of such non- conforming materials and equipment, (b) not utilize such non-conforming or defective materials in the Work; (c) not allow Subcontractor to utilize such non- conforming or defective materials in the Work; and (d) promptly notify the City's formally denominated Purchasing Agent, in writing, of the defective or non- conforming condition so that repair or replacement of those City Furnished Mater/als can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the Work such defective or non-conforming City Furnished Materials, the Contractor shall be responsible for the repair and replacement of defective or non-conforming materials to the same extent as originally required by the ConWact documents, The City, however, shall pursue enforcement of full compliance with the terms and conditions of the Purchase Order, and the entity who furnished the material and/or equipment shall be deemed to be in DEFAULT of the terms and conditions of the Purchase Order. Payment to a vendor shall not constitute acceptance of materials and/or equipment that does not conform to the Contract Documents in every respect. The Contractor shall maintain records of all City Furnished Materials incorporated into the Work from the stock of City Fumished Materials. The Contractor shall account monthly to the City's Formally denominated Purchasing Agent and City for any City Furnished Mater/als delivered to the Site, indicating which City Furnished Materials have been incorporated into the Work. 1.9 After the City takes possession of the City Furnished Materials at the Site, possession of the City's Furnished Material shall immediately and automatically transfer to the SPECIAL CONDmONS - 3 1.10 1.11 1.12 1.13 1.14 Contractor without notice. The transfer of possession of City Furnished Materials from the City to the Contractor shall constitute a bailment for the mutual benefit of the City and such Contxactor. The City shall be considered the bailor and such Contractor the bailee of the City Furnished Materials. City Furnished Materials shall be considered returned to the City for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. The City or the Contractor shall purchase and maintain builder's risk insurance sufficient to protect against loss of or damage to City-Furnished Materials. Such insurance shall cover the full value of any City-Furnished Materials between the time the City first takes title to and possession of any of such City-Furnished Materials until final completion of the Work. The City shall not be liable for any interruption or delay damages in the Project by virtue of ordering the City Furnished Materials, for any defects or other problems with the Project by virtue of ordering the City Furnished Materials, or for any extra costs resulting ~om any delay in the delivery of, or defects in, the City Furnished Materials, provided ordering was done in accordance with schedules established and agreed upon by the Contractor and the City's formally denominated Purchasing Agent. Payment cycle for material purchased by the City shall be one calendar month, ending on the 20~ of each month. Provided vendor submits invoice, in proper form, to City's Purchasing Agent by the 20~ of the month, payment for materials will be made by the 10th of the following month. Notwithstanding the above, the Contractor shall provide written approval and authorization for such payment in a timelymanner as directed by the City's Purchasing Agent. Invoices received after the 20th day of the month (or the next business day if the 20th day falls on a weekend or a National holiday), the invoice shall fall into the following month's pay cycle.. The City shall prepare a check payable to the vendor based upon the receipt of data provided. This check will be released, delivered and remitted directly to the vendor. Prior to or concurrent with the payment of any sums made under a Purchase Order Agreement, the Vendor shall execute a Partial Release of Lien or Unconditional Final Release of Lien, as applicable. There shall be no retention on City Furnished Materials against either the vendor, the Contractor(s) or the Subcontractor(s). The Contractor may, in its reasonable discretion, require certain material and equipment vendors to provide a supply bond in the amount of one-hundred percent (100%) of the Purchase Order price. The supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the City. If the supply bond is required, the costs thereof will be added to the amount of the Purchase Order. All bonds will name the City and the Contractor as additional obligees. CITY OF DELRAY BEACH SPECIAL CONDmONS - 4 TAX EXEMPT PURCHASES During the course of this Project, Delray Beach Public Library Association may issue a change order or change orders to delete from the contract certain items that the Delray Beach Public Library Association, Inc. desires to be purchased by the City of Delray Beach directly and furnish to Contractor for use in the Project. The City's purchases will be accomplished through the Delray Beach Public Library Association, inc. in its capacity as the City's formally denominated Purchasing Agent. Contractor agrees that if Delray Beach Library Association, Inc. desires to issue such Change Order, Contractor will assist the City in identi~ing apprepdate materials and equipment to be included in the Change Order, will execute such Change Order and will participate in this tax savings program at no additional cost to the City or Delray Beach Library Association, Inc. Furthermore, Contractor agrees to abide by and comply with the following Special Conditions. SPECIAL CONDITIONS PROVISIONS GOVERNING STATE OF FLORIDA SALE AND USE TAX EXEMPTION FOR CITY-FURNISHED MATERIALS o Sales and Use Taxes. The City is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into the DelrayBeach Public Library (Project No. 810045.000 hereinafter the "Project"). The City shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as requested by the Contractor and agreed upon by the City in the form ora change order to be executed between Contractor and the Delray Beach Public Library Association, Inc. All direct purchases of materials and equipment shall be made by the City, through its formally denominated Purchasing Agent, with funds specifically allocated for the construction of the Project. The standard Terms and Conditions applicable the Purchasing Agent's Purchase Orders are included as Attachment A to this section. Each equipment supplier of equipment to be provided under the Sales Tax Recovery Program shall be obligated to meet the requirements of the Terms and Conditions and all contract requirements of the Delray Beach Public Library Association, Inc.'s contract with the Construction Manager (Contractor). 1.1 The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantities, unit costs, manufacturers' or vendors' catalogue or order numbers, delivery instructions, and other specific terms, and information that is required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the construction of the Project, as materials and equipment need to be ordered for the Project, and submit such compilation to the City's formally denominated Purchasing Agent: (b) prepare a requisition for such materials and equipment on the Purchasing Agent's form of requisition, including the placement of a Purchasing Agent designated tracking SPECIAL CONDITIONS - 1 number: and (c) deliver any such requisition to the City's Formally denominated Purchasing Agent no less than Fourteen (14) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, requires orders for such materials or equipment to be placed to assure deliveryofsuch materials or equipment to the Site in accordance with the Project Schedule (the "Order Date"). The requisition shall identify the Order Date. Upon receipt of any such requisition the City's formally denominated Purchasing Agent shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Order Date (a Purchase Order). The Purchasing Agent shall include with any such Purchase Order, a copy of the City's sales and use tax exemption certificate. The Purchasing Agent shall make direct payment to the vendor from an account. 1.2 The Contractor and the City's formally denominated Purchasing Agent, upon the delivery of any such materials or equipment, shall verify the conformity of such materials or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor and the City's formally denominated Purchasing Agent determine that the materials and equipment are conforming, the City shall take title and.possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that the materials and equipment are non-conforming, the Contractor and/or the City's formally denominated Purchasing Agent shall immediately reject such material and equipment. 1.3 The City shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption, subject to the provisions of section 1.10 below. 1.4 To the extent that materials and equipment are purchased pursuant to the City's sales and use tax exemption, the Contractor and as applicable, the Subcontractor under its Contract with the Contractor, shall simultaneously reduce the Contract Amount and the penal sum of its public construction bond by 1.06 times the cost of the materials and equipment purchased directly by the City via a Contract Change Order. Invoices placed against the City's Purchase Order may not exceed the face amount of the original Purchase Order. Any cash discounts afforded shall accrue to the benefit of the City. 1.5 The Contractor shall be fully responsible, to the extent required by the original contract documents, for all matters relating to the receipt of materials and equipment furnished by the City in accordance with this Special Condition, including, but not limited to, the responsibility for verifying correct quantities, verifying documents or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the materials and equipment at the time of delivery, and loss or damage to materials and equipment following acceptance of items due to the negligence of such Contractor or any Subcontractors. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by such Contractor for the particular materials furnished. The Contractor shall provide or arrange for all services required for the unloading (unless SPECIAL CONDITIONS 1.6 1.8 1.9 1.7 specifically included in the Purchase Order), handling and storage of such materials and equipment through installation. The Contractor shall visually inspect all shipments from material and equipment vendors purchased directly by the City in accordance with this Special Condition (the "City Fumished Materials") a nd approve t he vendors' invoices for materials or equipment delivered, as City-Furnished Materials are furnished to the Site in accordance with this Special Condition. The Contractor shall deliver to the City's formally denominated Purchasing Agent all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for City Furnished Materials, the City's formally denominated Purchasing Agent shall accept such materials and p ay applicable invoices t o t he vendor i n accordance with the Terms and Conditions of the Purchase Order. The Contractor shall inspect all City Furnished Materials to determine that such City Furnished Materials conform to the Contract Documents, and to determine prior to incorporation into the Work whether any such City Furnished Materials are patently defective, and whether such City Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non-conforming City Furnished Materials upon such visual inspection, Contractor shall: (1) not recommend acceptance of such non- conforming materials and equipment, Co) not utilize such non-conforming or defective materials in the Work; (c) not allow Subcontractor to utilize such non- conforming or defective materials in the Work; and (d) promptly notify the City's formally denominated Purchasing Agent, in writing, of the defective or non- conforming condition so that repair or replacement of those City Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the Work such defective or non-conforming City Furnished Materials, the Contractor shall be responsible for the repair and replacement of defective or non-conforming materials to the same extent as originally required by the Contract documents. The City, however, shall pursue enforcement of full compliance with the Terms and Conditions of the Purchase Order, and the entity that furnished the material and/or equipment shall be deemed to be in DEFAULT of the Terms and Conditions of the Purchase Order. Payment to a vendor shall not constitute acceptance of materials and/or equipment that does not conform to the Contract Documents in every respect. The City's formally denominated Purchasing Agent shall account for any City Furnished Materials delivered to the Site. After the City takes possession of the City Furnished Materials at the Site, possession of the City's Furnished Material shall immediately and automatically transfer to the Contractor without notice. The transfer of possession of City Furnished Materials from the City to the Contractor shall constitute a bailment for the mutual benefit of the City and such Contractor. The City shall be considered the bailor and such Contractor the bailee of the City Furnished Materials. City Furnished Materials shall be considered returned to the City for purposes of their bailment at such time as they SPECIAL CONDITIONS - 3 1.10 1.11 1.12 1.13 1.14 are incorporated into the Project or consumed in the process of completing the Project. The City or the Contractor shall purchase and maintain builder's risk insurance sufficient to protect against loss of or damage to City-Furnished Materials. Such insurance shall cover the full value of any City-Furnished Materials between the time the City first takes title to and possession of any of such City-Furnished Materials until final completion of the Work. The City shall not be liable for any interruption or delay damages in the Project by virtue of ordering the City Furnished Materials, for any defects or other problems with the Project by virtue of ordering the City Furnished Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the City Furnished Materials, provided ordering was done in accordance with schedules established and agreed upon by the Contractor and the City's formally denominated Purchasing Agent. Payment cycle for material purchased by the City shall be one calendar month, ending on the 20th of each month. Provided vendor submits invoice, in proper form, to City's Purchasing Agent by the 20th of the month, payment for materials will be made by the 10th of the following month. Notwithstanding the above, the Contractor shall provide written approval and authorization for such payment in a timely mariner as directed by the City's Purchasing Agent. Invoices received by the Purchasing Agent after the 20th day of the month (or the next business day if the 20~ day falls on a weekend or a National holiday), the invoice shall fall into the following month's pay cycle. The City's formally denominated Purchasing Agent shall prepare a check payable to the vendor based upon the receipt of data provided. This check will be released, delivered and remitted directly to the vendor. Prior to or concurrent with the payment of any sums made under a Purchase Order Agreement, the Vendor shall execute a Partial Release of Lien or Unconditional Final Release of Lien, as applicable. There shall be no retention on City Furnished Materials against either the vendor, the Contractor(s) or the Subcontractor(s). The Contractor may, in its reasonable discretion, require certain material and equipment vendors to provide a supply bond in the amount of one-hundred percent (100%) of the Purchase Order price. The supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the City. If the supply bond is required, the costs thereof will be added to the amount of the Purchase Order. All bonds will name the City and the Contractor as additional obligees. CITY OF DELRAY BEACH TERMS AND CONDITIONS Attachment A SPECIAL CONDITIONS - 4 note: insert Library Board's terms and conditions here. PROJECT NO.: ~ProJect_Number,~ SPECIAL CONDITIONS- 8 TAX EXEMPT PURCHASES During the course of this Project, City may issue a change order or change orders to delete from the contract certain items which the City desires to purchase directly and furnish to Contractor for use in the Project. This will be accomplished through City's formally denominated Purchasing Agent. Contractor agrees that if City desires to issue such Change Order, Contractor will assist the City in identifying appropriate materials and equipment to be included in the Change Order, will execute such Change Order and will participate in this tax savings program at no additional cost to the City. Furthermore, Contractor agrees to abide by and comply with the following Special Conditions. SPECIAL CONDITIONS PROVISIONS GOVERNING STATE OF FLORIDP SALE AND USE TAX EXEMPTION FOR CITY-FURNISHED MATERIALS Sal~s and Use Taxes. The City is exempt from paying sales and use taxes on materials and equipment purchased for, and incorporated into the Delray Beach Public Library. (Project No. 810045.000, hereinafter the "Project"). The City shall make direct purchases of all materials and equipment purchased for, or to be incorporated into the Project, as requested by the Contractor and agreed upon by the City in the form of a change order. All direct purchases of materials and equipment shall be made by the City with funds specifically allocated for the construction of the Project. The standard City Terms and Conditions applicable the City's Purchase Orders are included as Attachment A to this section. Each equipment supplier of equipment to be provided under the Sales lax Recovery Program shall be obligated to meet the requirements of the City Terms and Conditions and all contract requirements of the City's contract with the Construction Manager (Contractor). 1.1 The Contractor shall: (a) compile Contractor's and any Subcontractors' itemized requirement for materials and equipment, including quantities, uuit costs, manufacturers' or vendors' catalogue or order numbers, delivery instructions, and other specific terms and information that is required to order the specific materials and equipment, and terms and conditions to be imposed on suppliers regarding delivery and submittal time requirements, and quantities thereof required by Contractor or Subcontractors in accordance with the applicable requirements of the Construction Contract, from time to time, during the construction of the Pmject, as materials and equipment need to be ordered for the Project, and submit such compilation to the City'sFormally denominated Purchasing Agent formally denominated Purchasing Agent: (b) prepare a requisition for such materials and equipment on the City's form of requisition, including the placement of a Purchasing Agent designated tracking number: and (c) deliver any such requisition to the City's Formally denominated Purchasing Agent no less than thirty (30) days prior to the date the manufacturer or vendor of the materials or equipment, as the case may be, requires orders for such materials or equipment to be placed to assure delivery of such materials or equipment to the Site in accordance with the Project Schedule (the SPECIAL CONDITIONS - 1 "Order Date"). The requisition shall identify the Order Date. Upon receipt of any such requisition the City's formally denominated Purchasing Agent shall forward same to the City. The City shall issue a Purchase Order directly to the vendor of the materials or equipment, prior to the Order Date (a Purchase Order). The City shall include with any such Purchase Order, a copy of the City's sales and use tax exemption certificate. The City shall make direct payment to the vendor from the City's account. 1.2 The Contractor and the City's formally denominated Purchasing Agent, upon the delivery of any such materials or equipment, shall verify the conformity of such materials or equipment with the terms of the Purchase Order and the Contract Documents. If the Contractor and the City's formally denominated Purchasing Agent determine that the materials and equipment are conforming, the City shall take title and possession of such material and equipment before such materials and equipment are incorporated into the Project. If the Contractor determines that the materials and equipment are non-conforming, the Contractor and/or the City's formally denominated Purchasing Agent shall immediately notify the City in writing and the City shall reject such material and equipment. 1.3 The City shall assume all risk of loss on all materials and equipment purchased pursuant to its sales and use tax exemption, subject to the provisions of section 1.10 below. 1.4 To the extent that materials and equipment are purchased pursuant to the City's sales and use tax exemption, the Contractor and as applicable, the Subcontractor under its Contract with the Contractor, shall simultaneously reduce the Contract Amount and the penal sum of its public construction bond by 1.06 times the cost of the materials and equipment purchased directly by the City via a Contract Change Order. Invoices placed against the City's Purchase order may not exceed the face amount of the original Purchase order. Any cash discounts afforded shall accrue to the benefit of the City. 1.5 The Contractor shall be fully responsible, to the extent required by the original contract documents, for all matters relating to the receipt of materials and equipment furnished by the City in accordance with this Special Condition, including, but not limited to, the responsibility for verifying correct quantities, verifying documents or orders in a timely manner, coordinating purchases, providing and obtaining all warranties and guarantees required by the Contract Documents, inspection and acceptance of the materials and equipment at the time of delivery, and loss or damage to materials and equipment following acceptance of items due to the negligence of such Contractor or any Subcontractors. The Contractor shall coordinate delivery schedules, sequence of delivery, loading orientation, and other arrangements normally required by such Contractor for the particular materials furnished. The Contractor shall provide or arrange for all services required for the unloading (unless specifically included in the Purchase Order), handling and storage of such materials and equipment through installation. SPECIAL CONDITIONS - 2 1.6 1.7 1.8 The Contractor shall visually inspect all shipments fi:om material and equipment vendors purchased directly by the City in accordance with this Special Condition (the "City Fumished Materials") and approve t he vendors' invoices for materials or equipment delivered, as City-Furnished Materials are furnished to the Site in accordance with this Special Condition. The Contractor shall assure that each delivery of City Furnished Materials is accomplished by documentation adequate to identify the Purchase Order against which the purchase is made. This documentation may consist of a delivery ticket and an invoice fi:om the vendor conforming to the Purchase Order, together with such additional information as the City may reasonably reqmre. The Contractor shall deliver to the City's formally denominated Purchasing Agent all invoices for materials and equipment upon verification by such Contractor that the materials and equipment conform exactly to the Contract Documents and the Purchase Order. Upon receipt of any invoice for City Furnished Materials, the City's formally denominated Purchasing Agent shall accept such materials and deliver such invoice to the City for payment directly to the vendor. The Contractor shall inspect all City Furnished Materials to determine that such City Furnished Materials conform to the Contract Documents, and to determine prior to incorporation into the Work whether any such City Fumished Materials are patently defective, and whether such City Furnished Materials are identical to the materials ordered and match the description of the bill of lading and the Purchase Order. If Contractor discovers defective or non-conforming City Furnished Materials upon such visual inspection, Contractor shall: (1) not recommend acceptance of such non- conforming materials and equipment, (b) not utilize such non-conforming or defective materials in the Work; (c) not allow Subcontractor to utilize such non- conforming or defective materials in the Work; and (d) promptly notify the City's formally denominated Purchasing Agent, in writing, of the defective or non- conforming condition so that repair or replacement of those City Furnished Materials can occur without any undue delay or interruption to the Project. In the event that such Contractor fails to perform such inspection or otherwise incorporates into the Work such defective or non-conforming City Furnished Materials, the Contractor shall be responsible for the repair and replacement of defective or non-conforming materials to the same extent as originally required bythe Contract documents, The City, however, shall pursue enforcement of full compliance with the terms and conditions of the Purchase Order, and the entity who furnished the material and/or equipment shall be deemed to be in DEFAULT of the terms and conditions of the Purchase Order. Payment to a vendor shall not constitute acceptance of materials and/or equipment that does not conform to the Contract Documents in everyrespect. The Contractor shall maintain records of all City Furnished Materials incorporated into the Work fi:om the stock of City Furnished Materials. The Contractor shall account monthly to the City's Formally denominated Purchasing Agent and City for any City Furnished Materials delivered to the Site, indicating which City Furnished Materials have been incorporated into the Work. 1.9 Atter the City takes possession of the City Furnished Materials at the Site, possession of the City's Furnished Material shall immediately and automatically transfer to the SPECIAL CONDITIONS - 3 1.10 1.11 1.12 1.13 1.14 Contractor without notice. The transfer of possession of City Furnished Materials from the City to the Contractor shall constitute a bailment for the mutual benefit of the City and such Contractor. The City shall be considered the bailor and such Contractor the bailee ofthe City Furnished Materials. City Furnished Materials shall be considered returned to the City for purposes of their bailment at such time as they are incorporated into the Project or consumed in the process of completing the Project. The City or the Contractor shall purchase and maintain builder's risk insurance sufficient to protect against loss of or damage to City-Furnished Materials. Such insurance shall cover the full value of any City-Furnished Materials between the time the City first takes title to and possession of any of such City-Furnished Materials until final completion of the Work. The City shall not be liable for any interruption or delay damages in the Project by virtue of ordering the City Furnished Materials, for any defects or other problems with the Project by virtue of ordering the City Furnished Materials, or for any extra costs resulting from any delay in the delivery of, or defects in, the City Furnished Materials, provided ordering was done in accordance with schedules established and agreed upon by the Contractor and the City's formally denominated Purchasing Agent. Payment cycle for material purchased by the City shall be one calendar month, ending on the 20th of each month. Provided vendor submits invoice, in proper form, to City's Purchasing Agent by the 20th of the month, payment for materials will be made by the 10th of the following month. Notwithstanding the above, the Contractor shall provide written approval and authorization for such payment in a timely manner as directed by the City's Purchasing Agent. Invoices received after the 20~ day of the month (or the next business day if the 20~ day falls on a weekend or a National holiday), the invoice shall fall into the following month's pay cycle.. The City shall prepare a check payable to the vendor based upon the receipt of data provided. This check will be released, delivered and remitted directly to the vendor. Prior to or concurrent with the payment of any sums made under a Purchase Order Agreement, the Vendor shall execute a Partial Release of Lien or Unconditional Final Release of Lien, as applicable. There shall be no retention on City Furnished Materials against either the vendor, the Contractor(s) or the Subcontractor(s). The Contractor may, in its reasonable discretion, require certain material and equipment vendors to provide a supply bond in the amount of une-hundred percent (100%) of the Purchase Order price. The supply bond, if required, shall be issued by a qualified surety company authorized to do business in the State of Florida and acceptable to the City. If the supply bond is required, the costs thereof will be added to the amount of the Purchase Order. All bonds will name the City and the Contractor as additional obligees. CITY OF DELRAY BEACH SPECIAL CONDmONS- 4 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~' ~--~ o REGULAR MEETING JUNE 22, 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: JUNE 18, 2004 Attached is the Report of Appealable Land Use Items for the period June 7, 2004 through June 18, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S~ \City Clerk\agenda memos\apagmem.06.22.04 TO: THRU: FROM: SUBJECT: DA T. HAR~EN, CITY?ANAGER PAUL DORLING, DIF~TOR OF PLANNING AND ZONING ~ll ~/~L L~ ~ ,~~NNER G OF JUNE 22, 2004 *CONSENTAGENDA* REPORT OF APPEALABLE LAND USE ITEMS JUNE 7, 2004 THRU JUNE 18, 2004 The action requested of the City Commission is that of review of appealable actions which were made by various Boards during the period of June 7, 2004 through June 15, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) 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: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. Approved (4 to 0, Dan Carter, Mark Gregory and Deborah Dowd absent), a request for a color change for First Encounter Condo, an existing multi-family development, located on the north side of West Atlantic Avenue, east of Homewood Boulevard (2755 West Atlantic Avenue). Approved (4 to 0), a request for a color change for Churchill Condominium, an existing multi- family development located on the north side of SE 7th Street, east of SE 6th Avenue (611 SE 7th Street). C. Approved (4 to 0), a request for a color change for Aubrey Auto Sales, an existing commercial building located on the west side of North Federal Highway, south of Gulfstream Boulevard (2300 North Federal Highway). D. Approved (4 to 0), a Class III site plan modification associated with the conversion of an existing retail bay to restaurant within the Congress Commerce Center, located at the southeast corner of Lake Ida Road and Congress Avenue (601 North Congress Avenue). City Commission Documentation Appealable Items Meeting of June 22, 2004 Page 2 E. Approved (4 to 0), a Class I site plan modification associated with fa~:ade changes for Delray Professional Office Center, located on the north side of West Atlantic Avenue, 150 east of Hamlet Drive (4205 West Atlantic Avenue). 1. Approved (5 to 0, Randy Schatz and Rhonda Sexton arrived late), a request for a Certificate of Appropriateness associated with the installation of a gazebo for Jonas Residence, a contributing single family residence located at the northwest corner of Dixie Boulevard and NE 2nd Avenue (125 Dixie Boulevard). 2. Approved (7 to 0), an extension of the site plan for eighteen months (expires December 18, 2005), in conjunction with the conversion of an adult living facility to a mixed-use (office/residential) building for Mariposa, located at the northwest corner of SE 1st Avenue and SE 1st Street (48 SE Ist Avenue). No Regular Meeting of the Planning and Zoning Board was held during this period. By motion, receive and file this report. Attachment: Location Map. CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting - JUNE 22, 2004 SPRAB A - FIRST ENCOUNTER CONDO B - CHURCHILL CONDOMINIUM C - AUBREYAUTO SALES D - CONGRESS COMMERCE CENTER E - DELRA Y PROFESSIONAL OFFICE PARK HPB 1. JONAS RESIDENCE 2. MARIPOSA ..... Cl~ LIMITS ..... ONE MiLE GRAPHIC SCALE CITY OF DELRAY BEACH, FL pLANNING & ZONING OEPAR TMENT JUNE 2004 ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager f'~obert A. Barcinski, Assistant City Manager June 4, 2004 AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 2004 PROPOSED GOLF AND TENNIS FACILITIES MANAGEMENT AGREEMENTS ACTION: City Commission is requested to consider approval of a five (5) year management agreement with Dubin and Associates, Inc. for the Municipal and Lakeview Golf Courses and a five (5) year agreement for thc Tennis Facilities beginning October 2004. BACKGROUND: The existing management agreements for the golf courses and tennis facilities with Dubin and Associates, Inc. expire September 30, 2004. The management agreement for the stadium expires November 30, 2004. Attached are proposed five (5) year agreements submitted by Mr. Dubin for the golf courses and the tennis facilities. They have been reviewed by the City Attorney's office for legal sufficiency. Highlights of changes to the existing agreements are as follows: Golf Courses 1. Initial year monthly payment is proposed to be $12,000 with an approximate 2% increase per year. The current monthly fee is $12,350. 2. Proposed performance measures are due to be presented to the City Manager by August 31st versus October 1st. 3. Information required in monthly reports has been expanded (Exhibit A). 4. Marketing Plan and promotional programs proposed for the next fiscal year are required to be submitted for review by August 31 st (Exhibit A- new item). Page: #2 Date: June 4, 2004 Agenda Item City Commission Meeting June 8' 2004 Proposed Golf and Tennis Facilities Management Agreements Tennis Center 1. Initial year monthly payment is proposed to be $3,666.66 per month with an approximate 2% increase per year. The current monthly fee is $2,500. 2. Other major changes are the same as 2,3 and 4 above. RECOMMENDATIONS: Staff recommends approval of the proposed management agreements for the golf courses and tennis facilities with Dubin and Associates, Inc. for five (5) years. RAB/tas File:u:sweeney/agenda Doc:Agenda Request Golf and Tennis Facilities Management Agreements U:sweeney/events Doc: Agenda Request Summer Nights 2004 REVISED MUNICIPAL GOLF COURSE MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of ,2004 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), and BJCE, INC., a Florida corporation, (hereinafter called "Dubin"). WITNESSETH: WHEREAS, the parties entered into a management agreement dated November 1, 1994 to provide for management services at the Delray Beach Municipal Golf Course and have amended that agreement to also provide for management services to the Lakeview Golf Course; and WHEREAS, the management agreement and its amendments thereto are scheduled to expire on September 30, 2004; and WHEREAS, the City has determined it is in the public interest to renew the management agreement and that all prior management agreements, regarding the golf courses, shall no longer be effective. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Agreement to Perform Services. City agrees to retain Dubin to render certain professional services (hereinafter the "Services") and to pay for the performance of such Services on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A' which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreement will commence on October 1, 2004 and terminate on September 30, 2009. 5. Termination. This agreement may be terminated by Dubin with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. This Agreement may be terminated by the City with or without cause. (a) For cause. If cause exists to terminate the agreement, the City shall send written notice to Dubin that such cause exists. The City's written notice shall clearly identify the condition that requires correction, and shall provide Dubin with a reasonably sufficient amount of time, taking into account the particular corrective action required, for initiation and completion of the corrective action. If such condition is corrected within the amount of time provided in the City's notice, then this agreement shall remain in effect. If such condition is not corrected within the time provided in the notice, then this agreement may be terminated by the City in its sole discretion. Upon termination of this agreement, Dubin shall remit to the City a pro-rata share of the payment received for services based on the number of days prior to the beginning of the month that the agreement is terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. (b) Without cause. The City may terminate this agreement without cause after giving Dubin thirty (30) days written notice. Upon termination of this agreement, Dubin shall be paid the per month base payment amount, appropriate for the year in which the notice was given, for six (6) months subsequent to the termination of this agreement, as compensation for severance. The City shall make the severance payments to Dubin on the first of each month, beginning with the month immediately following the date of termination of this agreement, regardless of the date upon which this agreement was terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimbursables incurred by Dubin prior to termination of the agreement. 6. Base Payment. The City shall pay Dubin for the performance of Services at a base monthly rate payable at the first of the month as follows: October 2005 through September 2006:$12,000 per month October 2006 through September 2007:$12,250 per month October 2007 through September 2008:$12,500 per month October 2008 through September 2009:$12,750 per month 2 as follows: Reimburseables. The City shall accept and pay the actual cost of reimburseables (a) Payroll costs for Dubin's employees who are working full-time or part-time at the Delray Beach Golf Club and Lakeview Golf Club. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Dubin shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Dubin at cost on a monthly basis. 8. Availability of Consultant. During the term of this Agreement, Dubin shall make himself available to perform the Services as may be required to accomplish the Services in the manner required by this Agreement. Dubin shall be available for consultation during the hours normally worked by City's employees unless otherwise agreed between City and Dubin, and in special circumstances. Dubin shall also be available to City during evening meeting hours and other reasonable times when required by City. 9. Performance Bonus. In addition to the base payment, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be established on a yearly basis by August 31 of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. 10. Licensed or Registered Personnel. All services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 3 11. Designated Repi'esentative. All of Dubin's recommendations, reports and certifications are to be routed through the City Manager or his designee. 12. Performance. During the term of this Agreement, Dubin shall, to thc best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may bc appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have thc right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. All reports and other documents furnished by Dubin in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Confidentiality. In thc performance of thc Services, Dubin may bc exposed to thc confidential information of City and others. Dubin shall not disclose to anyone not employed by City nor use, except on behalf of City, any such confidential information acquired by him thc performance of thc Services except as authorized by City in writing. Regardless of thc term of this Agreement, Dubin shall be bound by this obligation until such time as said confidential information shall become part of the public domain. Information regarding all aspects of City's business and information concerning the Services (either directly or indirectly disclosed to him or developed by him in the performance of the Services) shall be presumed to be confidential except to the extent that same shall have been published or otherwise made freely available to the general public without restriction. Dnbin also agrees that he will not disclose to City any information he holds subject to any obligation of confidence to any third parties. 14. Insurance. Dnbin shall provide the City with insurance certificates showing the following minimum insurance coverages, which coverage shall be maintained throughout the term of this Agreement. A. Worker's Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: 1. Employers' Liability with a limit of $500,000 each accident. 2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 4 B. Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Service Office and must include: 1. Minimum Limits of total coverage shall be $5,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $5,000,000 minimum to be acceptable to the City. 2. Premises and/or Operations, including restaurant liability and liquor liability. 3. Independent Contractors. 4. Products and/or Completed Operations. Dubin shall maintain in force until at least three (3) years after completion of all services required under the License, coverage for products and completed operations, including Broad Form Property Damage. 5. XCU Coverages. 6. Broad Form Property Damage including Completed Operations. 7. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 8. Personal injury coverage with employee and contractual exclusions removed. 9. The City is to be specifically included as an additional insured (including products). 10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 11. A Best Rating of no less than B+ 12 is required for any carriers providing coverage required under the terms of this License Agreement. 15. Limited Waiver of Subrogation Rights. The City hereby waives any and all right to assert a claim or cause of action against Dubin for any damage to the City's real or personal property, or both, that occurs at either Lakeview Golf Course or Delray Beach Municipal Golf Course that occurs as a result of the acts or omissions of Dubin, his agents, assigns, contractors, subcontractors or employees or by any other reason whatsoever. 16. Purchase. All purchases of equipment or supplies for the operation of the golf course shall be made by the City's Purchasing Department. 17. Use of the Golf Course. Employees of Dubin may enjoy the use of the golf course at no cost, so long as it is in accordance with policies to be approved by the City Manager. In addition, at their discretion, Dubin may allow up to 50 complimentary rounds of golf, including cart charges per calendar month; however, in no event may such complimentary round, or cart charges be made available to City employees or officials. 18. Alcoholic Beverage License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City. City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 19. Successors and Assigns. Dubin shall not assign or transfer its interest in this Agreement without the prior written consent of City. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 20. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS: BJCE, Inc. 1300 Park of Commerce, Suite 272 Delray Beach, Florida 33445 21. Independent contractor. Dubin and his employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 22. Indemnification. Dnbin agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Delray Beach Golf Club and Lakeview Golf Club. 23. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 24. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 25. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 26. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 27. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this ___ day of ,2004. ATTEST: City Clerk Approved as to form: THE CITY OF DELRAY BEACH, a Florida Municipal Corporation By:. Jeff Perlman, Mayor City Attorney BJCE, INC., d/b/a Dubin & Associates, a Florida Corporation By:. Name Printed: Title: (SEAL) STATE OF FLORIDA ) ) SS; COUNTY OR PALM BEACH ) The foregoing instrument was acknowledged before me this day of ., 2004 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. (OFFICIAL NOTARIAL SEAL) Notary Public State and County Aforesaid My Commission Expires: EXHIBIT "A" The scope of the Services will include but will not be limited to the following: 1. Supervise and direct the general operations of golf courses owned by the City. 2. Oversee all administration of all golf course operations, assuring that proper accounting systems are in place. 3. Perform an on-going review of total operational costs by department. 4. Insure that adequate Internal Control systems are in place in all areas of the operations. 5. Perform monthly operational reviews and provide monthly reports to include, but not limited to, financial statements, utilization data, maintenance highlights, program data and marketing/promotional initiatives in the format prescribed by the City. 6. Prepare operational and capital budgets for review and approval by the City Manager. 7. Review and assist in the planning of all marketing and promotional programs. Submit an annual marketing plan no later than August 31 st of the prior year. 8. Approve all expenditures before they are submitted for payment to the City and insure expenditures are made in compliance with the City purchasing policies. 9. Assure that the highest standards of general maintenance are maintained, subject to the annual budget allocated to Golf Course maintenance. 10. Prepare a quarterly newsletter. 11. Dubin shall hire and employ all personnel necessary to maintain and operate the golf course and restaurant. Dubin will have full authority over the hiring and firing of all personnel. 12. Dubin shall operate and maintain the restaurant operation in accordance with all federal, state and local government laws and regulations, including health department regulations and state liquor board regulations. 13. Dubin shall operate a full service restaurant in accordance with the terms and conditions of the alcohol beverage license. 14. Dubin shall make recommendations and assist the City in planning and implementing capital improvements for the Golf Courses. 15. Dubin shall ensure that all buildings, other structures, equipment and irrigation systems related to the Golf Courses are maintained and repaired to City standards. ADMINISTRATIVE SERVICES MEMORANDUM TO: FROM: DATE: SUBJECT: David T. Harden, City Manager ~obert A. Barcinski, Assistant City Manager June 4, 2004 AGENDA ITEM CITY COMMISSION MEETING JUNE 8, 2004 PROPOSED GOLF AND TENNIS FACILITIES MANAGEMENT AGREEMENTS ACTION: City Commission is requested to consider approval of a five (5) year management agreement with Dubin and Associates, Inc. for the Municipal and Lakeview Golf Courses and a five (5) year agreement for the Tennis Facilities beginning October 2004. BACKGROUND: The existing management agreements for the golf courses and tennis facilities with Dubin and Associates, Inc. expire September 30, 2004. The management agreement for the stadium expires November 30, 2004. Attached are proposed five (5) year agreements submitted by Mr. Dubin for the golf courses and the tennis facilities. They have been reviewed by the City Attorney's office for legal sufficiency. Highlights of changes to the existing agreements are as follows: Golf Courses 1. Initial year monthly payment is proposed to be $12,000 with an approximate 2% increase per year. The current monthly fee is $12,350. 2. Proposed performance measures are due to be presented to the City Manager by August 31 st versus October 1 st. 3. Information required in monthly reports has been expanded (Exhibit A). 4. Marketing Plan and promotional programs proposed for the next fiscal year are required to be submitted for review by August 31 st (Exhibit A- new item). Page: #2 Date: June 4, 2004 Agenda Item City Commission Meeting June 8' 2004 Proposed Golf and Tennis Facilities Management Agreements Tennis Center 1. Initial year monthly payment is proposed to be $3,666.66 per month with an approximate 2% increase per year. The current monthly fee is $2,500. 2. Other major changes are the same as 2,3 and 4 above. RECOMMENDATIONS: Staff recommends approval of the proposed management agreements for the golf courses and tennis facilities with Dubin and Associates, Inc. for five (5) years. RAB/tas File:u:swecney/agenda Doc:Agenda Request Golf and Tennis Facilities Management Agreements U:sweeney/events Doc: Agenda Request Summer Nights 2004 REVISED TENNIS CENTER MANAGEMENT AGREEMENT THIS AGREEMENT ("The Agreement") is made this day of ,2004 by and between the CITY OF DELRAY BEACH, a Florida Municipal Corporation (the "City"), DUBIN & ASSOCIATES, INC. (hereinafter called "Dubin"). WITNESSETH: WHEREAS, the parties entered into a management agreement dated September 29, 1999, to provide for management services at the Delray Beach Municipal Tennis Center ("Original Site") and the Delray Swim and Tennis Club ("Additional Site"); and WHEREAS, the management agreement and its amendments thereto are scheduled to expire on September 30, 2004; and WHEREAS, the City has determined it is in the public interest to renew the management agreement and that all prior management agreements shall no longer be effective. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Incorporation of Recitals. The parties hereby represent and warrant that the above recitals are accurate and correct and the recitals are hereby incorporated as if fully set forth in this Agreement. 2. Agreement to perform work. City agrees to retain Dubin to render certain professional services (hereinafter the "Services") and to pay for the performance of such work on and under the conditions which are set forth in this Agreement, and Dubin agrees to perform such Services to the reasonable satisfaction of the City and to accept full payment as is set forth in this Agreement. 3. Services. The services shall generally consist of those services more particularly set forth in exhibit "A" which is attached hereto and incorporated as if fully set forth herein. 4. Term of Agreement. This agreement will commence on October I, 2004 and terminate on September 30, 2009. 5. Termination. This agreement may be terminated by Dubin with or without cause by giving the City ninety (90) days written notice in advance of the date of termination. Upon termination of this Agreement, the City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. This Agreement may be terminated by the City with or without cause. (a) For cause. If cause exists to terminate the agreement, the City shall send written notice to Dnbin that such cause exists. The City's written notice shall clearly identify the condition that requires correction, and shall provide Dubiu with a reasonably sufficient amount of time, taking into account the particular corrective action required, for initiation and completion of the corrective action. If such condition is corrected within the amount of time provided in the City's notice, then this agreement shall remain in effect. If such condition is not corrected within the time provided in the notice, then this agreement may be terminated by the City in its sole discretion. Upon termination of this agreement, Dubin shall remit to the City a pro-rata share of the payment received for services based on the number of days prior to the beginning of the month that the agreement is terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimburseables incurred by Dubin prior to termination of the agreement. (b) Without cause. The City may terminate this agreement without cause after giving Dubin thirty (30) days written notice. Upon termination of this agreement, Dubin shall be paid the per month base payment amount, appropriate for the year in which the notice was given, for six (6) months subsequent to the termination of this agreement, as compensation for severance. The City shall make the severance payments to Dubin on the first of each month, beginning with the month immediately following the date of termination of this agreement, regardless of the date upon which this agreement was terminated. The City shall remit, after review and approval of all receipts and itemizations, any outstanding reimbursables incurred by Dubiu prior to termination of the agreement. 6. Base Payment. The City shall pay Dubin for the performance of work at a base monthly rate payable at the first of the month as follows: October 2005 through September 2006:$3,666.66 per month October 2006 through September 2007:$3,750.00 per month October 2007 through September 2008:$3,833.33 per month October 2008 through September 2009:$3,916.67 per month 2 as follows: Reimburseables. The City shall accept and pay the actual cost ofreimburseables (a) Payroll costs for Dubin's employees who are working full-time or part-time at the Original and Additional Sites. The payment of such payroll costs is subject to the City Manager's, or his designee's prior approval, and only such approved costs shall be paid; (b) All insurance premiums as required under paragraph 14 of this agreement; (c) Pre-approved travel expenses; (d) Mileage at the current City rate per mile; (e) Telephone, mail, facsimile and pre-approved miscellaneous out-of-pocket expenses. Dubin shall itemize all expenses and submit receipts to show proof thereof. Such expenses shall be billed by Dubin at cost on a monthly basis. 8. Availability of Consultant. During the term of this Agreement, Dubin shall make himself available to perform the Services as may be required to accomplish the Services in the manner required by this Agreement. Dubin shall be available for consultation during the hours normally worked by City's employees unless otherwise agreed between City and Dubin, and in special circumstances. Dubin shall also be available to City during evening meeting hours and other reasonable times when required by City. 9. Performance Bonus. In addition to the base payment provided for in the Original Agreement and this Amendment No. 1, Dubin shall be eligible to receive a yearly fixed bonus payment on or before December 1st of each year. The performance bonus payment shall be contingent upon accomplishing specific yearly goals and objectives as agreed to by Dubin and the City Manager in writing and approved by the City Commission. The goals and objectives shall be established on a yearly basis by August 31 st of the year preceding the year in which the bonus is to be paid. In any event, the standard aggregate bonus paid to Dubin in any one year shall not exceed 15% of the base fee provided for managing the Original Site and Additional Site. In no event will the yearly fixed bonus be based on net profits or a combination of gross revenue and expense targets. 10. Licensed or Registered Personnel. All services to be rendered by Dubin under this Agreement, which are required by law to be performed by or under the direction of a duly licensed or registered professional, shall be rendered in compliance with such requirements. 11. Designated Representative. All of Dubin's recommendations, reports and certifications are to be routed through the City Manager or his designee. 12. Performance. During the term of this Agreement, Dubin shall, to the best of his ability, design, inform, suggest, advise and render all services that might be requested by City or which may be appropriate in respect to the Services on a timely basis, as required by City to meet project timetable needs. City shall have the right to make use of same in its business at any time as it may desire without further payment to Dubin, other than that specifically stated herein. All reports and other documents furnished by Dubin in the course of or as a result of performing the Services shall be the property of City and may be used by City for any purpose whatsoever. 13. Confidentiality. In the performance of the Services, Dubin may be exposed to the confidential information of City and others. Dubin shall not disclose to anyone not employed by City, nor use, except on behalf of City, any such confidential information acquired by him the performance of the Services except as authorized by City in writing. Regardless of the term of this Agreement, Dubin shall be bound by this obligation until such time as said confidential information shall become part of the public domain. Information regarding all aspects of City's business and information concerning the Services (either directly or indirectly disclosed to him or developed by him in the performance of the Services) shall be presumed to be confidential except to the extent that same shall have been published or otherwise made freely available to thc general public without restriction. Dubin also agrees that he will not disclose to City any information he holds subject to any obligation of confidence to any third parties. 14. Insurance. Dubin shall provide the City with insurance certificates showing the following minimum insurance coverages, which coverage shall be maintained throughout the term of this Agreement. A. Worker's Compensation. Coverage to apply for all employees for Statutory Limits in compliance with the applicable state and federal laws. In addition, the policy must include the following: 1. Employers' Liability with a limit of $500,000 each accident. 4 2. Notice of Cancellation and/or Restrictions. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. B. Comprehensive General Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Service Office and must include: 1. Minimum Limits of total coverage shall be $5,000,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, the basic policy to be in said form with any excess coverage (and the carrier) to meet the $5,000,000 minimum to be acceptable to the City. 2. Premises and/or Operations, including liquor liability. 3. Independent Contractors. 4. Products and/or Completed Operations. Dubin shall maintain in force until at least three (3) years after completion of all services required under the License, coverage for products and completed operations, including Broad Form Property Damage. 5. XCU Coverages. 6. Broad Form Property Damage including Completed Operations. 7. Broad Form Contractual Coverage applicable to this specific contract, including any hold harmless and/or indemnification agreement. 8. Personal injury coverage with employee and contractual exclusions removed. 9. The City is to be specifically included as an additional insured (including products). 10. Notice of Cancellation and/or Restriction. The policy must be endorsed to provide the City with thirty (30) days written notice of cancellation and/or restriction. 11. A Best Rating of no less than B+ 12 is required for any carriers providing coverage required under the terms of this License Agreement. 15. Limited Waiver of Subrogation Rights. The City hereby waives any and all right to assert a claim or cause of action against Duhin for any damage to the City's real or personal property, or both, that occurs at the Original and Additional Sites that occur as a result of the acts or omissions of Duhin, his agents, assigns, contractors, subcontractors or employees or by any other reason whatsoever. 16. Purchase. All purchases of equipment or supplies for the operation of the Original and Additional Sites shall be made by the City's Purchasing Department. 17. Alcoholic Beverage License. The parties agree that City will pay all costs, fees and expenses associated with maintaining the alcoholic beverage licenses. At the time of the termination of the Management Agreement, Dubin shall transfer the alcoholic beverage license to the City. The cost for the transfer of the alcoholic beverage license shall be paid for by City. City will be responsible for the remittance of sales taxes on a monthly basis to the State of Florida, including all late fees and penalties, which the State of Florida may assess with respect to the alcoholic beverage license. Dubin shall ensure that all federal, state and local laws relating to the use of the alcoholic beverage license are complied with. 18. Successors and Assigns. Dubin shall not assign or transfer its interest in this Agreement without the prior written consent of City. The foregoing notwithstanding, this Agreement shall be binding upon and inure to the benefit of each party's successors and assigns. 19. Notices. All notices required or desired to be given under this Agreement shall be in writing and delivered in person or transmitted certified mail, return receipt requested, postage prepaid addressed to the party to be noticed, and shall be deemed to have been delivered three (3) days after deposit in a post office or letter box in the above manner. NOTICES TO BE GIVEN TO CITY SHALL BE ADDRESSED AS FOLLOWS: City of Delray Beach 100 N.W. 1st Avenue Delray Beach, FL 33444 NOTICES TO BE GIVEN TO DUBIN SHALL BE ADDRESSED AS FOLLOWS: Dubin & Associates, Inc. 1300 Park of Commerce, Suite 272 Delray Beach, Florida 33445 20. Independent contractor. Dubin and his employees, volunteers and agents shall be and remain independent contractors and not agents or employees of the City with respect to all of the acts and services performed by and under the terms of the Agreement. This Agreement shall in no way be construed as creating a partnership, association or any other kind of joint venture or undertaking between the parties hereto. 6 21. Indemnification. Dubin agrees to indemnify, defend and hold the City, its officers, agents, employees and assigns, harmless from any loss, damage, liability, negligence, cause of action, or claim, excluding any damage occurring to the City's real or personal property, arising from the negligent, reckless, intentional or malicious acts or omissions of his employees, agents, volunteers and assigns and from the operations of the Original and Additional Sites. 22. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 23. Entire Agreement. This Agreement shall constitute thc entire agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 24. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 25. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge thc obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 26. Venue. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this __ day of ,2004. ATTEST: City Clerk THE CITY OF DELRAY BEACH, By:. Jeff Peflman, Mayor 7 Approved as to form: City Attorney Dubin & Associates, Inc., a Florida Corporation By: Name Printed: Title: STATE OF FLORIDA ) ) SS~ COUNTY OR PALM BEACH ) (SEAL) The foregoing instrument was acknowledged before me this day of ,2004 by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. (OFFICIAL NOTARIAL SEAL) Notary Public State and County Aforesaid My Commission Expires: 8 EXHIBIT "A" The scope of the work will include but will not be limited to the following: 1. Supervise and direct the general operations of the Original Site and Additional Site owned by the City. 2. Oversee all administration of all Original Site and Additional Site operations, assuring that proper accounting systems are in place. 3. Perform an on-going review of total operational costs for the Original Site and Additional Site. 4. Insure that adequate internal control systems are in place in all areas of the operation. Perform monthly operational reviews and provide monthly reports to include, but not limited to, financial statements, utilization data, maintenance highlights, program data and marketing/promotional initiatives in the format prescribed by the City. 6. Prepare operating and capital improvement budgets. Prepare, plan and implement all marketing and promotional programs, subject to current agreements between the City and third parties. Submit an annual marketing plan no later than August 31 st of the prior year. 8. Approve all expenditures before they are submitted for payment to the City and ensure expenditures are made in compliance with the City pumhasing policies. 9. Assure that the highest standards of general maintenance are maintained, except for the landscape and landscape irrigation maintenance, subject to the annual budget allocated to Original Site and Additional Site maintenance 10. Prepare a quarterly newsletter. 11. Coordinate concert, special events, tennis toumaments (professional and amateur) and all other events with their promoters and special event coordinators and provide staff assistance as needed. 12. Dubin shall hire and employ all personnel necessary to maintain and operate the Original Site and Additional Site. Dubin will have full authority over the hiring and firing of all Dubin personnel. 13. Dubin shall operate and maintain the Original Site and Additional Site operation in accordance with all federal, state and local government laws and regulations, including health department regulations and state liquor board regulations. 14. Work closely with all civic groups, tennis patrons, summer youth programs and afterschool programs. TO: THRU: FROM: SUBJECT: SCOTT ARONSON, PARKING MANAGEMENT SPECIALIST MEETING OF JUNE 22, 2004 - REGULAR AGENDA REVIEW A REQUEST FROM THE ASCOT BUILDING FOR THE PURCHASE OF FIVE (5) IN-LIEU PARKING SPACES AND THE CONSTRUCTION OF SEVEN (7) ON-STREET PARKING SPACES IN THE ADJACENT RIGHT-OF-WAY The proposed site was formerly approved for the project known as Management Systems, which was a 2,400 square foot, two story Office Building requiring eight (8) parking spaces. The proposed site plan included five (5) on site parking spaces, three (3) in-lieu parking spaces and the construction of two (2) on-street parking spaces in the adjacent public right of way on NE 1st Street. The development has not been constructed and the applicant is now seeking approval for a larger office building along with a larger in-lieu parking request. The Ascot Building is a proposed 3,200 square foot, three story office building located on the southwest corner of NE 1st Avenue and NE 2® Street in the Old School Square Historic Arts District (OSSHAD). Pursuant to Section 4.4.24(G)(4)(a) of the Land Development Regulations (LDR), the project requires eleven (11) parking spaces. The proposed site plan includes six (6) on site parking spaces. The applicant is seeking to purchase five (5) in-lieu parking spaces in accordance with Section 4.6.9(E)(3)(b)(3) of the LDR. The cost in the OSSHAD is six thousand dollars ($6,000) per space for a total of thirty thousand dollars ($30,000). LDR Section 4.6.9(E)(3)(e) states in addition to in-lieu fees due, where adequate right-of-way exists adjacent to a proposed project the applicant must construct additional on-street parking. Consequently, the applicant proposes to construct seven (7) on-street parking spaces (two (2) along NE lStAvenue and five (5) along NE 2nd Street) and will seek reimbursement of a portion of the in-lieu parking fee. Although the construction of the seven (7) on street parking spaces benefits the surrounding area the number of in-lieu spaces requested is equal to 45% of the required parking for the project. There are concerns regarding the location of the parking spaces at the corners on Ist Avenue and 2® Street with regard to sight visibility at the intersection. This may result in a reduction in the number of on street parking spaces to be constructed to five (5). LDR Section 4.6.9(E)(3) states "if it is impossible or inappropriate to provide the required number of on-site or off-site parking spaces, the City Commission may City Commission Staff Report Ascot Building In-Lieu Request Page 2 approve the payment of a fee in-lieu of providing the required parking, pursuant to the following provisions." Considering this is a vacant property, Staff feels it is neither inappropriate nor impossible to provide the required parking on-site and the developer should scale back the size of the development to accommodate the required parking. Furthermore, the Bankers Row parking lot, located across the street on the northwest corner, was developed to assist in the redevelopment of the historic properties along Bankers Row (NE 1st Avenue). Whereas this lot is available for public utilization it is not intended for employee parking or to accommodate deficiencies created by additional development outside the district. The proposed deficiency will likely result in employees of these offices using the Bankers Row Lot given the marginal number of spaces provided on site. As this is not desirable staff is recommending the request not be approved. The Historic Preservation Board, at their meeting of April 21, 2004, recommended approval of the site plan with a 3-2 vote subject to the applicant getting approval of the in-lieu parking request. The Parking Management Advisory Board, at their meeting of February 24, 2004 recommended denial of the applicant's request with a 7-2 vote (Carney and Sacharow dissenting). Move denial of the request from The Ascot Building for the purchase five (5) in-lieu parking spaces by adopting the findings of fact and law contained in the staff report based upon a failure to meet required findings pursuant to LDR Section 4.6.9(E)(3). TO: FROM: SUBJECT: APPEAL OF THE HISTORIC PRESERVATIONS BOARDS DECISION ON THE "ASCOT OFFICE" BUILDING. The action requested of the City Commission is consideration of an appeal of the Histodc Preservations Board's decision made on April 22, 2004. The HPB recommended approval of the Ascot Office development subject to the building meeting the height requirements of LDR Section 4.3.4 (J). This condition would require the building be reduced in height by 18" given the interpretation of height rendered by the Director of Planning and Zoning. The LDRs define the height as "the vertical distance from grade to the highest finished roof surface of a flat roof or the mean level between the eaves and ridge for gable, hip, or gambel roofs." The height limitation set forth in the development standards matrix (35') [LDR Section 4.3.4 (K)] is the maximum height of all structures within the OSSHAD zone district, except for properties subject to CBD regulations. This means that no part of the structure may exceed the maximum height when measured using the criteria under LDR Section 4.3.4 (J). For buildings adjoining more than one street, the grade is established as the average of the mean elevation of the street along the lot frontage. The proposed building has two roof elements, the first which covers approximately 50.8% of the third floor (614 sq. ft.) and the second which covers 49.2% of the third floor (594 sq. ft). Given the above definition, the mean level between the eave and the ridge of each roof element is to be established and measured in relation to the grade. As depicted on the attached exhibit one element has a height of 31' 6" and the second element has a height of 36' 6". Notwithstanding some minor discrepancies between the scaled and written dimensions the second roof feature exceeds the height by approximately 18". A condition of approval that the development comply with the height requirements of the LDR was attached to the staff report and this is an appeal of that condition. The reduction of the building height by 18" can be accomplished by reducing the floor to ceiling dimensions currently noted as 11' 2" for the first and second floors. By motion deny the appeal and uphold the Historic Preservation Board's approval by adopting the findings of fact and law contained in the staff report and finding that the appeal is not consistent with the Comprehensive Plan and that the development proposal does not meet the criteria set forth in LDR Section 4.3.4 (J). Attachments: Proposed Building Sketch TO: THRU: FROM: SUBJECT: DA~R~MANAG ER MEETING OF JUNE 22, 2004 - REGULAR AGENDA CONSIDERATION OF A REQUEST FROM HANDELSMAN YELLOW BUILDING f/k/a THE BLANK HOUSE FOR THE PURCHACE SIX (6) IN-LIEU PARKING SPACES Handelsman Yellow Building f/k/a the Blank House is located at 85 SE 6th Avenue on the northeast corner of SE 1$~ Street and northbound Federal Highway. The site currently contains a 2,137 sq. ft. restaurant with storage on the upper floor, an office building and an apartment building. The site plan approval of 1995 included a nine (9) space pea rock parking lot to be constructed on the southwest corner of the property. To date the parking lot has not been constructed. The applicant is seeking approval to replace the parking lot with a tea garden, provide three (3) parking spaces adjacent to the alley and purchase the remaining six (6) spaces pursuant to Land Development Regulations (LDR) Section 4.6.9(E)(3)(b)(2) at a cost of twelve thousand dollars ($12,000) per space for a total of seventy two thousand dollars ($72,000). This item was presented to the PMAB at the January 20, 2004 meeting and after significant discussion staff recommended a compromise of providing one (1) row of parking on the east side of the approved parking lot and converting the remaining west portion of the lot adjacent to SE 6th Avenue (Northbound Federal Highway) to a tea garden. The board tabled the request to allow the applicant to consider the recommendation. The applicant chose to proceed with the original site plan modification to eliminate the entire parking lot and replace it with a tea garden. At the City Commission meeting of April 13, 2004, a quasi-judicial hearing was held to consider the aforementioned request. The applicant was not present and the City Commission unanimously denied the applicant's request. At the City Commission meeting of May 18, 2004, Commissioner Costin made a motion to reconsider action taken at the April 13, 2004 meeting to afford the applicant an opportunity to present their case. While the adopted Downtown Delray Beach Master Plan discourages parking in the front of properties, provision of the parking is appropriate based upon the demand created by the uses on the parcel. While a 76 -space City parking lot abuts the property to the north, the parking lot is heavily utilized during the evenings and weekends and is a parking lot where employees of area businesses are encouraged to park. Staff recommends denial of the applicant's request based on the following: 1. The applicant's failure to meet required findings pursuant to LDR Section 4.6.9(E) that it is impossible or inappropriate to provide the parking on site, 2. The potential problems for the residents of the property competing for parking with the general public and City Commission Staff Report Handelsman Yellow Building In-lieu Request Page 2 A reasonable compromise was offered which would drastically reduce the number of in-lieu parking spaces requested while providing the enhanced aesthetic value to this prominent intersection in accordance with the Downtown Master Plan. The Downtown Development Authority, at their meeting of December 17, 2003 approved the applicant's request based on a consensus that the aesthetic value of the tea garden at such a prominent intersection would be better than parking. The Historic Preservation Board (HPB), at their meeting of January 7, 2004 tabled this request suggesting that the applicant demolish the existing office building at the northeast corner and provide the parking adjacent to the alley. At their meeting of February 4, 2004 the HPB approved the applicant's request in 4-2 vote (Miller and Sexton dissenting). The Parking Management Advisory Board at their meeting of March 23, 2004 recommended approval of the applicant's request in a 6 - 4 vote (Ramos, Poli, Sacharow and Lierle dissenting). Move denial of the request from Handelsman Yellow Building for the purchase six (6) in-lieu parking spaces by adopting the findings of fact and law contained in the staff report based upon a failure to meet required findings pursuant to LDR Section 4.6.9(E)(3). Attachments: Proposed and Approved Site Plan April 13, 2004 Staff Report ~PAVED~ m 130,00' EX.'TING 1 8TORY OFt~CE 1AND 2 STORY APARTMENTS 1~0.00' -23.34' 1 ST ST. HANDELSMAN YELLOW BUILDING APPROVED SITE PLAN MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # (~ ~ - REGULAR MEETING OF JUNE 22, 2004 CONTRACT AWARD/CENTEX ROONEY CONSTRUCTION COMPANY. INC. DATE: JUNE 18, 2004 This is before the City Commission to approve a contract award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8) foot high screen walls along two (2) property lines of the Atlantic High School site in compliance with City obligations under agreements with Temple Sinai and the Coral Trace Homeowners Association. Approximately 600 feet of wall will be erected along the northerly school property line running east from Coral Trace Boulevard with the remaining length along the west school property line abutting the Temple Sinai parking area. The City requested prices from Centex Rooney Construction Company, Inc., our onsite prime contractor, which will result in no mobilization costs and a minimized impact on the facility completion schedule since Centex can incorporate the construction of the walls into their schedule of activities Funding is available from 334-6120-519-63.90 (General Construction Fund/Atlantic High School/Other Improvements). Recommend approval of a contract award to Centex Rooney Construction Company, Inc. in the amount of $100,693.00 for the construction of 1,010 linear feet of eight (8) foot high screen walls along two (2) property lines of the Atlantic High School site. S:\City Clerk\agenda memos\Centex Rooney Contract Award Atlantic HS Walls.06.22,04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M www. mydelraybeach, corn TO: FROM: David T. Harden, City Manager Richard C. Hasko, P.E., Environmental Services Director SUBJECT: CORAL TRACE/TEMPLE SINAI SCREEN WALLS DATE: June 10, 2004 Attached is a proposal from Centex Rooney for construction of eight foot tall screen walls along two property lines of the Atlantic High School site. The overall total length of wall is 1,010 linear feet with approximately 600' proposed along the northerly School District property line running east from Coral Trace Boulevard, and the balance along the west School District property line adjacent to the Temple Sinai parking lot. The City agreed to construct these walls under a land purchase agreement with the Temple, and a settlement agreement with the Coral Trace Homeowners Association. In the interest of time and economy, we requested prices from Centex Rooney, the School District's onsite prime contractor, for construction of the walls. Since Centex Rooney is already onsite, there are no mobilization costs for the construction. In addition, the impact on the schedule for facility completion will be minimized since Centex Rooney can incorporate this work into their schedule of activities. The proposed walls will be constructed of prefabricated panels installed between pilaster colunms set at five foot centers. The total proposal for both walls is $100,693, however, this price is not guaranteed beyond the end of the month due to the current instability in the price and availability of concrete. Funding for this construction will be available from General Fund account no. 334-6120-519-63.90, Other Improvements after budget transfer. Please place this item on the June 22, 2004 agenda for consideration by City Commission. Cc' Joe Safford, Finance Director Susan Ruby, City Attorney June 8, 2004 NT"=X CONBTRUCTION CO., INC. CGC 005623 2 4.~1 ~K .4tlanttc ~lye. Delray Beach. Florlda 33445 Phone: (561} 272-0441 Fax: (561} 272-8375 Re: Atlantic Community High School Project No: 0862-8206 Subj: Perimeter Site Walls ~} ACHS Dear Mr. Hasko: Attached please fred the estimated cost breakdowns associated with the two (2) perimeter site walls proposed to be located adjacent to the Atlantic Community High School Project. Wallway USA has submitted an estimate of $48,480.00, but due to the project insurance requirements a 20% markup (for a lower tiered subcontractor to Mora Engineering) is necessary and therefore increases their price to $58,176.00. The continuous increase in the market price of concrete only allows Wallway USA's estimate to be good for thi~,ly (30) days from the date of the quote. Your response/direction is required within this thirt3~ (30) day period in order to substantiate the quote noted ($48,480.00), otherwise there is the potential for a drastic increase in their original quote. Please contact our office if there are any additional questions or concerns (561) 272-0441. Sincerely, CENTEX ROONEY CONSTRUCTION CO., INC. Stephanie Shuler Project Engineer CCi 3 D lntemational: Tom Herring SDPBC: Sandra Player CRCC: John Southard CENTEX ROONEY CONSTRUCTION COMPANY PROJECT: Perimeter Site Walls - ACHS BID DATE: BLDG. AREA: ! DIV 1 Testing Laboratory i General Conditions - Fixed i 0 8,304 ....... ! o o DIV 2 Clear & Grub I 0 2,245 Resod 0 2,727 Fence removal 0 1,000 Compaction / spoil removal 0 2,500 i 0 0 ! 0 0 DIV 3 i Wall construction (solid 8' high) 0 58,176 }! I Ftg's, Excavation, Installation J 0 Inc above 0 0 Dl~ 9 Paint _ 0 7,000_ ! o o ! I 0 0 I o o [ .... 0 0 ~ 0 0 o !I o I o ol oi 0 8,.952 Subtotals i BDILDING PERMII 500 I SUBBONDS / SUBGUARD 0 1.02_4 OWNERS PROT LIAB INSURANCE 0 0 'BU LDERS R SK NSURANCE 196 PERFORMANCE BOND N/A SAFETY AWARDS .10% N/A INFORMATION TECH SUPPORT .35% 352 GENERAL LIABILITY 1.0097 % 1,017 CONTINGENCY ::':::~:~:~:~.~.~ ~:.~-1: ~ :~'*~ : ': 2,517 7 8 9 10 11 12 13 14 15 16 17 18 19 20 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 Rev 01-04-2000 bldcrcc.wk4 SITE WALLS SUBCONTRACTORS TILTCONI ClP I TILTCON/TILT-UP WALLWAY USA RON KENDALl. I PASS PAINTING Mark Thallen Jr. I Mark Thatsan Jr. Mohammed Dedultsh Gabriel Perez I Bill Dolan (407) 634.~r~ ! (407) 834-8458 (8s4) 484.75o0 (r~l) 4,86.2887 ! (308) 751.7855~ DiViSiON a -- GENERAL CONTRACTOR GENERAL CONDITIONS: Surveys $15~5~ $1,000 51,000i $1,000 As-Bui~ta $750 $750 $750 I $1,500 $1,5O0 $1,500 Testing $1,500 Office Misc. $500 $500 $500 $500 Safety $35O $350 $350 $350 Permits $590 $500 $500 $500 Staffing $3,704 $3,704 $3.704 $3,704 GC SUBTOTAL: DIVISION 2 -- I SITE PREP/REGRADING: Clear/grub existing (acre) NO/CRCC $2.245 NO/CRCC $2.245 NO/CRCC $2.245 NO/CRCC $2.245 ~ NAP Resod (10x1010=10100) - NO/CRCC $2,727 NOI CRCC $2,727 NO/CRCC $2,727 NO/CRCC $2,727 i NAP St. Augustine (~ 0,27~ sqft Fence removal (trip charge) NO/CRCC $1,000 NO/CRCC $1,000 NO/CRCC $1,05O NO/CRCC $,1000 i NAP CompactiorJ spoil removal INCL INCL NO/CRCC $2,500 NO/CRCC $2,500I NAP DIVISION 3 -- WALL CONSTRUCTION: Excavation INCL INCL INCL INCL I NAp Foundation INCL INCL INCL ! INCL i NAP Wall construc~ complets $255,135 $253,441 $48,480(0.20)=$58,176 $142,65OI NAP - elastomeric paint cap -cmu lintel filled wi grout in grout titled cells - lap spfice 3'-0" min. (#8 splice for sim.) DIVISION 9 -- WALL FINISH: Paint NO/PASS $7,000 NO/PASS $7,000 I NO/PASS $7,000 NO/PASS $7.000 i $7,000 SUBCONTRACTOR SUBTOTAL I $268,107 L $266,413 J $73,648 I $158,072 i $7,000 tOTAL ~ I $276,411 M&~,~I 04 08:36a Corpmr&te OF~ioeF1 8547143870 p.~ WALL WAY U.S.A. OF FL CONTRACT / PROPOSAl, DATE SUBMITTED TO STREET CITY, STATE, ZIP CODE PHONE FAX JOB NAME JOB LOCATION · 05/21/2004 · CENTEX ROONEY CONSTRUCTION CO. · 2451 W.ATLANTIC AVE., · DELRAY BEACH, FL 33445 . (561) 272-0441 · (561) 272-8375 · ATLANTIC HIGH SCHOOL .2451 W.ATLANTIC AVE.,DELRAY BEACH, FL PAYMENTS AS FOLLOWS: 25% DEPOSIT 50% UPON STARTING THE JOB BALANCE UPON COMPLETION (Unless other arrangements have been made) WE HEREBY SUBMIT SPECIFICATIONS AND ESTIMATES TO: SUPPLY AND INSTALL WALL WAY U.S.A OF FLORIDA WALL SYSTEM 1. IF YOU WANT THE WALL PAINTED THE COST IS .35/SQFT (EXTRA) 2. THE WALL IS TO BE STUCCO OR BLOCK LOOK. 3. THE COLOR OF THE WALL IS TO BE GRAY CEMENT. 4. THE WALL IS TO BE 8 FY HIGH FROM GROUND LEVEL. 5. THE WALL IS 1010 FT LONG, EACH SECTION BEING 5 FT ON CENTER. 6. LAND MUST BE CLEAR, LEVEI]~J~ACCESSABLE AND EASY TO DIG. 7. PERMITS BY OTHERS~ WALL WAY TO PROVIDE ENGINEERING" SPECS" WALL(STUCCO OR BLOCK). 1010 LF X $ 48.00 =$ 48,480.00 MOBILIZATION = N / C TOTAL JOB IS : $ 48,480~00 ACCEPTANCE OF PROPOSAl, The above prices, specifications and conditions are satisfactory and are hereby accepted. By signing this proposal/contract the parties declare that they have read and understand the foregoing agreements on the next page. 3585 N.W. 31st Avenue * Oakland Park, Florida 33309 · Telephone: (954) 48~-7600 · Fa.x: (954) 71~3870 CORAL TRACE CIRCLE NORTH DRIVE POINSETTIA BLVD. POINT CORAL 'r~ACE DR. CORAL TRACE PLACE PROPOSED 8' WALL .LIMITS NEW HIGH N.W. IST ST HIGH OINT BOULEVARD HICH POINT COURT SCHOOL PRIVATE PROPOSED HIGH POINT TERR. HIGH POINT BOULEVARD ~ 'UMITSS' WALL (~ CITY of DELRAY BEACH ENVIRONMENTAL SERVICE8 DEPARTMENT NEW HIGH SCHOOL PROPOSED 8' WALL 2002-003 DATE: 6-15-2004 LOCATION MAP STUCCO LOOK Request to be placed on: X Regular Agenda Special Agenda Workshop Agenda AGENDA REQUEST Agenda Item No. ~,~-~ Date: June 10, 2004 When: June 22, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of a contract with Centex Rooney Construction Co., Inc. for construction of a total 1,010 linear feet of ei.qht foot hi.qh screen wall in compliance with City obli.qations under aqreements with Temple Sinai and the Coral Trace Homeowners Association. Approximately 600 feet of wall will be erected alon.q the northerly school property line runnin.q east from Coral Trace Blvd., with the remaininq len.qth proposed alon.q the west school property line abuttin.q the Temple Sinai parkin.q area. The wall will be precast panel and pilaster column construction. The total contract price is $100,693. with pricin.q subject to increase after the end of the month due to current instability in the concrete market. Fundinq will be available in General Fund Construciton Account No. 334- 6120-519-63.90, Other Improvements, after budget transfer. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/N._.~O Recommendation: Staff recommends approval. Department head signature: (~ ~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): ,all items involving expenditure of funds): Budget Director Review (rea~d on~,.,,.~ ~,.3,.J~,-~,.~ Funding available: ~.>~/NO Funding alternatives: (if applicabl,e) . Account No. & Description: L~--g./,l~-.~/~'~$,?~) Account Balance: ./z) City Manager Review: ~PolPdr°l~lnel.dll:f° r agenda: ~N O~ Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ - REGULAR MEETING OF JUNE 22. 2004 CONTRACT AWARDS/MEDICAL/DRUG SUPPLIES DATE: JUNE 18, 2004 This is before the City Commission to consider approval of contract awards, via joint bid with the City of Boynton Beach, in the estimated annual amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; Bound Tree Medical; and second lowest bidder, Tri-Auim Health Services for medical/chug supplies for the Dekay Beach Fire-Rescue Department. Recommended Vendors Quad Med, Inc. Ever Ready First Aid Sun Belt Medical Tri-Anim Health Services Bound Tree Medical Group Number 1, 5, and 6 2 3 4 7 The recommendation for Group 4 is to Tri-Anim Health Services, second lowest bidder, due to completeness of bid proposal. Southeastern Emergency Equipment (low bidder) did not provide the requested item in their bid. Funding is available from 001-2315-526-52.20 (General Operating Supplies). Recommend approval of contract awards in the estimated annual amount of $120,000.00 to Quad Med, Inc.; Ever Ready First Aid; Sun Belt Medical; Bound Tree Medical; and second lowest bidder, Tri- Anim Health Services for medical/drag supplies for the Delray Beach Fire-Rescue Department. S:\City Clerk\ agcndamemc~\ Cont tact Award~,MedicaI-Drug Supplies 2~ lowest bidder.06.22,04 MEMORANDUM T~. FROM: THROUGH: DATE: David Harden, City Manager Patsy Nadal, Buyer Joseph Safford, ~nee Director 6/16/2004 SUBJECT: DOCUMENTATION-CITY COMMISSION MEETING June 22, 2004 - BID AWARD #2004-21 MEDICAL AND DRUG SUPPLIES CONTRACT Item Before Commission: City Commission is requested to make multiple awards to low responsive bidders, as stated below for medical/drug supplies for the Fire Department at an estimated annual cost of $120,000 for the City of Delray Beach. Back~round: The City of Delray Beach is the lead entity for this joint bid with the City of Boynton Beach. Bids were received on May 12, 2004, from ten (10) vendors, all in accordance with City purchasing policies. (Bid #2004-21. Documentation on file in the Purchasing Office). A tabulation of bids is atlached for your review. The bids have been reviewed by Lt. Michael Twigger, Paramedic Lieutenant of the City of Delray Beach Fire Department and City of Boynton Beach. The group totals listed on the tabulation of bids reflects the total of the unit orices for each item in that group. The Fire Department recommends award to low responsive bidders as listed below per attached email message dated June 3fa, June 4ta 2004 and memo dated June 9, 2004. The award recommendation was also approved by the City of Boynton Beach per attached memo dated June 11, 2004. Recommended Awarded Vendors: Group Number: Quad Med Inc. 1, 5, and 6 Ever Ready First Aid 2 Sun Belt Medical 3 Tri-Anim Health Services 4 Bound Tree Medical 7 Recommendation: Staff recommends award to various vendors as outYmed above and highlighted on attached Tabulation of Bids for a total estimated aunual cost of $120,000. Funding from City of Delray Beach Fire Department operating budget account code 001-2315-526-52.20. Attachments: Tabulation of Bids Item Memo - Fire Department Cc: Michael Twigger, Paramedic Lieutenant Fire Dept. City of Boynton Beach £1T¥ DF DELliR¥ BER£H FIRE-RESCUE DEPARTMENT SERVING E,RAY BEACH DELRAY BEACH GULF STREAM HIGHLAND BEACH NI-Amm'l~. City 1993 2001 MEMORANDUM TO: Patsy Nadal, Purchasing Department FROM: Michael Twigger, Paramedic Lieutenant DATE: June 9, 2004 SUBJECT: Medical / Medication Supply Bid # 2004 - 05 I have reviewed the proposals you provided to me for the Medical / Medication Supply Bid # 2004 - 05. I recommend the bids to be awarded as follows: Group 1 - Quad med Inc. - completeness of bid proposal and low bidder. Group 2 - Ever Ready First Aid - completeness of bid proposal and low bidder. Group 3 - Sun Belt Medical - completeness of bid proposal and low bidder. Group 4 - Tri - Anim Health Services - completeness of bid proposal. 2nd low bidder for group. Group 5 - Quad med, Inc. - completeness of bid proposal and low bidder. Group 6 - Quad med, Inc. - completeness of bid proposal and low bidder. Group 7 - Bound Tree Medical - completeness of bid proposal and low bidder. Please note that for Group 4, I recommend that Tri - Anim receive the bid due to Southeastern Emergency Equipment (low bidder) did not provide the requested item in their bid, item # 165 on page 32. If you have any questions, please contract me at 243 - 7442. Michael Twigger Paramedic Lieutenant FIRE*RESCUE DEPARTMENT HEADQUARTERS · 501 WEST ATLANTIC AVENUE · DELRAY BEACH, FLORIDA 33444 (561) 243-7400 · FAX (516) 243-7461 Printed on Recycled Paper Page 1 of 1 Nadal, Patsy From: Twigger, Michael Sent: Friday, June 04, 2004 2:05 PM To: Nadal, Patsy Subject: FD bids Patsy, I am recommending Ever Ready First Aid for Group 2 and Tri - anim for group 4. Tri- anim was not the Iow bidder for that group, but I noticed that Southeastern did not provide the correct product we were asking for - item # 165 on page 32, I did verify this with Tanya from Southeastern who summitted their bid, she then advised me that their price for the correct item was $311.10 / case. I will follow this up with a memo next week. Let me know if there are any issues with my recommendations, Thank you, Mike Twigger 6/16/2004 AGENDA RE~UEST Request to be placed on: June 22, 2004 Date: June 16, 2004 XX Consent Agenda __. Special Agenda __ Workshop Agenda Description of agenda item: Request for award to multiple vendors for the purchase of medical/drug supplies for the City of Delray Beach Fire Department per Bid #2004-21. This is a joint bid with the City of Boynton Beach. The City of Delray Beach is the lead entity for this joint project. ORDINANCE/RESOLUTION REQUIRED: YES NO X Draft Attached: YES. NO __ X__ Recommendation: Award to multiple vendors for the purchase of medical/drug supplies for the fire Department at an estimated annual cost of $120,000. Funding from account code: 001-2315-526-52.20 $30,000.00 °°°'°° Department Head Signature: , Determination of Consistency with Comprehensive Plan: FY2003-04 FY2004-05 City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes ~ a2/~No 7~'~ Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda~ Hold Until: Agenda Coordinator Review: No Received: Action: Approved Disapproved [lTV OF DELRrlV BErlCH CITY ATTORNEY'S OFFICE DELRAY BEACH City 1993 2001 TO: June 14, 2004 FROM: 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 MEMORANDUM City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney SUBJECT: City's Offer of Judgment/Proposal for Settlement in Laud Richman v. City of Delray Beach, Gary Miller, Foght Enterprises and GLM Remodeling The City Attorney's Office is requesting City Commission authorization t(~ propose a settlement offer in the amount of $15,000.00 in the case of Laud Richman v. City of Delray Beach, et aL The Plaintiff in this case filed suit against the City in October, 2003 as a result of an incident that occurred on January 2, 2003 wherein the Plaintiff was riding her bike on Gleason Street at approximately 7:00 p.m. when she allegedly hit a "pothole" in the roadway adjacent to a construction site. The Plaintiff fell off of her bicycle and claims she was injured from the fall. The Plaintiff asserts that her injuries include a fracture to her right wrist and a contusion to her left knee. The Plaintiff underwent surgery on her wrist. Plaintiff is suing the City as well as the General Contractor and Owner of the adjacent construction site for damages as a result of the incident. The Plaintiff alleged in her Complaint that the City was negligent in maintaining the roadway and that the City knew of a dangerous condition in the roadway but failed to warn Plaintiff of its existence. Plaintiff's medical expenses to date are estimated to be approximately $40,000.00; however, the City asserts not all these expenses are related to the alleged wrist and knee injury from the January 2, 2004 incident. It is expected that if the jury finds that the City knew or should have known of the pothole in the road, that the damages for the wrist/knee injury will be $15,000.00 or greater. Further, we have consulted with the City's Insurance Adjuster who is in agreement that the $15,000.00 is an adequate offer. Ci~ Commission David T. Harden, City Manager June 11, 2004 Page 2 If the Plaintiff accepts the City's settlement offer, then the City would request that the Plaintiff release the City of all claims. If the Plaintiff does not accept the City's offer, then the City may be able to recoup its costs at trial if the Plaintiff's recovery at trial is in an amount at least 25% less than this $15,000.00 offer. Please place this item on the June 22, 2004 City Commission agenda. Thank you. TCP:smk cc: Chevelle Nubin, Acting City Clerk MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ~ ~ o REGULAR MEETING OF _IUNE 22, 2004 DESIGNATION OF VOTING DELEGATE/FLORIDA LEAGUE OF CITIES ANNUAL CONFERENCE DATE: JUNE 18, 2004 The 78t~ Annual Conference of the Florida League of Cities will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21, 2004. The League encourages each member city to send as many delegates as possible to the conference, and also requests that each city designate one of its officials to cast votes at the annual business session. League by-laws require that each city select o/~e person to serve as the city's voting delegate. Last year Commissioner Patricia Archer was selected as the voting delegate. The Mayor, a Commissioner, or the City Manager may be designated to serve in this capacity. Recommend designation of a voting delegate to cast votes on behalf of Delray Beach at the annual business session of the Florida League of Cities. S:\City Clerk\agenda memos\FLC.Voting Delegate.06.22.04 FLORIDA OF CITIES, INC. MEMORANDUM TO: FROM: DATE: City Managers/City Clerks Michael Sittig, Executive Directof~W' June 4, 2004 SUBJECT: 78th Annual Conference - Leading With Excellence! VOTING DELEGATE AND RESOLUTION INFORMATION August 19-21, 2004 Westin Diplomat Resort As you know, the Florida League of Cities' Annual Conference will be held at the Westin Diplomat Resort in Hollywood, Florida on August 19-21. This year's theme, Leading With Excellence will provide valuable educational opportunities to help Florida's city officials serve their citizenry more effectively. It is important that each city designate one person to be the voting delegate. Policy development, election of League leadership and adoption of resolutions are undertaken during the business meeting. One official from each city will make decisions that determine the direction of the League. In accordance with the League's by-laws, each city's vote is determined by population, and the League will use the Estimates of Population from the University of Florida for 2003. Registration materials have already been sent to each city. Call us if you need additional copies. We have attached the procedures your city should follow for presenting resolutions to the League membership. If you have any questions on voting delegates, please call Gall Dennard at the League at Suncom 278-5331 or (800) 616-1513, extension 256. If you have questions regarding resolutions, please call Allison Payne Suncom 278-5331 or (800) 616- 1513, extension 116. Resolutions and Voting delegate forms must be received by the League no later than July 20, 2004. Attachments: Form Designating Voting Delegate Procedures for Submitting Conference Resolutions 301 South Bronough, Suite 300 * Post Office Box 1757, Tallahassee, FL 32302-1757 Telephone (850) 222-9684, Suncom 278-5331 , Fax (850) 222-3806 , Intemet: www.flcities.com 78th Annual Conference Florida League of Cities, Inc. August 19-21, 2004 Hollywood, Florida It is important that each member city sending delegates to the Annual Conference of the Florida League of Cities, designate one of their officials to cast their votes at the Armual Business Session. League By-Laws requires that each city select one person to serve as the city's voting delegate. Please fill out this form and retum it to the League office so that your voting delegate may be properly identified. Designation of Voting Delegate Name of Voting Delegate: Title: City of: AUTHORIZED BY: Sallie Title Return this form to: Gail Dennard Florida League of Cities, Inc. Post Office Box 1757 Tallahassee, FL 32302-1757 or Fax to Gail Dennard at (850) 222-3806 Procedures for Submitting Resolutions Florida League of Cities' 78th Annual Conference Westin Diplomat Resort, Hollywood, Florida August 19-21, 2004 In order to fairly systematize the method for presenting resolutions to the League membership, the following procedures have been instituted: (1) (2) (3) (4) (5) Proposed resolutions must be submitted in writing, to be received in the League office a minimum of 30 days prior to the first day of the annual conference. Proposed resolutions will be rewritten for proper form, duplicated by the League office and distributed to members of the Resolutions Committee at least 15 days prior to the first day of the annual conference. (Whenever possible, multiple resolutions on a similar issue will be rewritten to encompass the essential subject matter in a single resolution with a listing of original proposers.) Proposed resolutions may be submitted directly to the Resolutions Committee at the conference; however, a favorable two-thirds vote of the committee will be necessary to consider such resolutions. Proposed resolutions may be submitted directly to the business session of the conference without prior committee approval by a vote of two-thirds of the members present. In addition, a favorable weighted vote of a majority of members present will be required for adoption. Proposed resolutions relating to state legislation will be referred to the appropriate standing policy committee. Such proposals will not be considered by the Resolutions Committee at the conference; however, all state legislative issues will be considered by the standing policy committees and the Legislative Committee, prior to the membership, at the annual Legislative Conference each fall. At that time, a state Legislative Policy Statement will be adopted. Cities unable to formally adopt a resolution 30 days prior to the first day of the conference may submit a letter to the .League office indicating their city is considering the adoption of a resolution, outlining the subject thereof in as much detail as possible, and this letter will be forwarded to the Resolutions Committee for consideration in anticipation of receipt of the formal resolution. Important Dates June 15~ 2004 Notice to Local and Regional League Presidents and Municipal Associations regarding the Resolutions Committee July 12 Appointment of Resolutions Committee Members July 20 Deadline for Submitting Resolutions to the League office August 19 League Standing Committee Meetings Resolutions Committee Meeting Voting Delegates Registration August 21 Immediately Following Luncheon - Pick Up Voting Delegate Credentials Followed by Annual Business Session [lTV OF OELRI:I¥ BEI:I[# CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELg, AY BEACH ~n~ca City Wdter's Direct Line: 561/243-7091 MEMORANDUM DATE: June 18, 2004 TO: FROM: City Commission David Harden, City Manager Brian Shutt, Assistant City Attorney SUBJECT: A.qreementwith Bluefish Concierqe The City had entered into an agreement with Bluefish Concierge regarding sponsorship of the Davis Cup Tie Match held at the Tennis Stadium on April 9 -12. The agreement provided that Bluefish would pay the City $35,000.00 to be the exclusive concierge for the event, advertising and tickets to the matches as well as the banquet. The agreement also provided that Bluefish must pay $17,500.00 to the City prior to the start of the event and if Bluefish failed to make this payment the contract would be null and void and the City would have no further obligations under the agreement. Bluefish failed to make the first payment by the required time. However, by this time Bluefish had already received some advertising that had been placed in the official program. Bluefish also received advertising from banners placed in the Stadium. Bluefish did return the tickets to the City that it was provided under the agreement. The City was able to sell these tickets and received approximately $10,000.00. We have had discussions with Mr. Steve Sims of Bluefish regarding this agreement and the fact that he received some of the advertising contemplated in the agreement. Mr. Sims has offered to pay the City $5000.00. Our office requests that this item be placed on the June 22, 2004 City Commission agenda. Please call if you have any questions. cc: Chevelle Nubin, Acting City Clerk MEMORANDUM TO: FROM: SUBJECT MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # C~ ~ - REGULAR MEETING OF JUNE 22, 2004 APPOINTMENT TO THE DOWNTOWN DEVELOPMENT AUTHORITY DATE: JUNE 18, 2004 The term for Clay Wideman will expire on July 1, 2004. Mr. Wideman has fulfilled two full terms and is not eligible for reappointment. This creates a vacancy for a three year term ending July 1, 2007. 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 realty within the downtown area, a lessee thereof required by the lease to pay tmxes thereon, or a director, officer or managing agent of an owner or of a lessee thereof so required to pay taxes thereon. Currendy serving on the DDA and meeting ownership and tax payment qualifications are Mr. Louis J. Carbone, Mr. Perry DonFrancisco, Ms. Rita Ellis and Mr. Richard Sheremeta. The following have submitted applications for consideration: (See Exhibit "A" attached) Pursuant to Commission direction, a check for code violations and/or municipal liens was conducted. None were found. Voter's registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commtssioner Levinson (Seat #3). Recommend appoint for one (1) member for a three year term ending July 1, 2007. Mayer Abbo David Beale John Hart David Hawke James Houck Linda Lake Jack Licht Francis Marmcola Christina Morrison James O'Brien Kenneth Peltzie Michelle Reich Andrea St. James Herman Stevens EXHIBIT "A" Downtown Development Authority (meets tax qualification) (c~rently serving on the Nuisance Abatement Board) (currently serving on Code Enforcement) (also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) (also applying for the Community Redevelopment Agency) (also applfmg for the Community Redevelopment Agency) (meets tax qualification) (also applying for the Community Redevelopment Agency) (currently serving on Planning and Zoning - term ends 8/31/04 and is not eligible for reappcfmtment) Ma~ 17 04 l~.:50p MAYER ABBO ARCH & ASSOC. 05/13/04 THU l$:SB FAX 501 243 3774 CITY CLERK CITY OF DELRAY BEACH BOARD MEMBER APPLICATION p.£ Please type or print the follomg im'ormation: 1. Last Na.t~e: N a~lc NL I. 2. Home Ad&'ess: City .qt~t¢ Zip Code 3. Le~ Residence: Ci~ State Zip C~e 4, P~dp~ B~mcss A~ress: Ci~ State Zip Code 5I Home Phone: Business Phoot: E2~Ad&ess: "~ Phone: 6. ~e you a tcDsr~ed voter? If so, where ~e y~u re~tered? ~ / '-' '" 9. E~ucatio~ quaaficaoonS: 10 ~st any ~hted prof~sio~ cc~fi~aons and licenses w~ch you hold: 1 I. Giv~ yo~ prcscmt, ox most rcccac ~plo~t, am8 po~on: 12. Dcs~6c c~c~, s~s or ~o~e~¢ w~ch q~al~ you to scvd on t~ bo,ed: ~l~sc attach x Note: This application ~dl remain on file in the City Clerk's Office ~o,I a period of 2 years from the date it was Ma~ 17 04 l~:51p MRYER RBBO RRCH & RSSOC. 551-272-4949 ~ MAYER S. Al)BO .0~DU CA I'lC) N 1990- 1992 Ma~s~:huset-~ Iustimm of Teclmology D~r,:' MaJ~;r qb,In,itu'tun' 1986. 1990 University of Florida £h~rrc Bache/or q/'Dvyign in (_q~iae sville, Florida ~'fATU~ State of t"lo,4da AIl - 0016289 Registered A~rcht~¢¢r W©RK EXPERIENCE ARCHITECTURE 996 Pre~enr/Mayez Abbo Amhitect and A~aoclates, Inc. Dd~y Beach, Florida SpeWing m c~tom lfigb-~d l~xu~ homes, nl~fi-fi~ly r~iden~d project% p~mfing, conm~dfl and ~prov~ent jobs. £tiv~te Cb'eatele Ct~swm Homes An 8,000 ~.f. OM Flodda style custom residence fog' die Pot'ten Compa.qics located on the lnr. eacoastal Watetxrgy in Delmy Beach. o Custom residence for Mr. And bLm_ ~knnoscia in ST- Andrews ConnrW Club, Boca Raron FT,- a 9,000 ~q. fr. 2 story luxurious bfeditertancan custom home overlooking the golf course. · Various 0Id Florida style oxsrom homc.~ in dm FT. Laudcrdalc, FL ~,57atcr fnmt corrmaunity of Rio Vista. · 'I'bc Shlcsingcr rc..~:idcncc at Foxc Chase, D~rlray P,c-ach Fl',- a 7,000 sq- FI. 2 slory high end Medltemnean style custom h<n,m it, a lushly Iroplcal l-ac~r~ plus [Or. ,, Thc B¢~cr r¢~idmxcc at Foxc Chase, D-dray Beach FL- a 6,000 sq. fr. sh~glc story cotttxyaxx] style home. · The Millet residence in lake Worth Fl, a 4,(~)0 sq. f. 2 story blizncr sty-lc custom home ov~rh~oking thc mrx-acoasral " C.u~tom home for Mt-ach,& B~os., Inc. in Dck'ay Brach PL- an award whufing two szory hltracoasml water fi:ont lxome published in Florida A~chitectuzc. 3Yulff-Fmad~ P,'o/ecm Thc Estuary ~ Delray Beach PL- an lntracoastal wat~ front conxmumty of 104 upscale town home residences, Wirmer of 4 Gold Coast l%ildcr's Association Prism awards; including the "Gold Award" for Architecture in the custom attached home category. C>ver 13 ordquely designed building Wpc~ composed o f 4 differcnt town homc flc<)r plans priced from $500,000 ro over The Oasis in Boynron Beach FI, a mulri-hmily projcct composed of sins;lc and txvo ~tor-:' utdt~ with a total of 78 umts and 12 buildings.. Ma~ 17 04 1E:51p MRYER RBBO 8RCH & 8SSOC. 5S1-£7~-6S4S AddiWons/Renovaffons Thc Srmth Residence at Pelican Cove, Ocean Ridge FL- hlterior re, lover, ion of a shagle stot~ luxurious water front re~i&mce. P~limi-.~,7 and schematic design dooaments for a 12,000 s-t'. addition/~enovarion of v.vo ad}o{ning lnrracoasral waterfront homes located in The S.-mctu,-try, Bacon Rotan. Proposal for an Adclifion/IKenovatlon ro the Cadet Hotel in $ot~fl~ Beach, FL- design pr~posal to rcnova tv. rcsl'otc and add to die historic Cadet Hotel witch harmed such stars a~q Clark Gable during the Sec(md xSdorld · Dental Office for Dr. Norm P'cnichck l~.ke Worth Florida (apt). 3,500 sS. ft.)- space plam~g and interior layout dc-aigm for a single story medic,l office space located in a shopping center plaza. · Proposal Jar a Hyperbax.ic Medical St~ite ar Mercy I Iospitq. Ivfiami I='L - space planning and de,iSm for a new medical office space of app, 6,CO0 sq. ft. · Bank of ~M'nedca proposal on East .Adanfic Ave. in Delve7 Beach~ FI.- a large scale multi faccted projcx:t consisting of b~th residential and c'~mmercJal ~pace. WORK ldXI'EI{iENCE RE~.L EST2X. TE DEVELOPETR. real estate developer included ,41 aspects of financial management, aa-chitecmral st:re/ecs and salc~; with p.xrmcrships in .Aim Lux"ury Home~ Ir~c., Sa'vloo l,nmry l-lames Inc. and Sa~'ian D¢,~-dopcx~ LLC. Residence fear .Altltmira Luxury 14oroes. Inc. at V~,xe Chx~e> I)elmy Beach Fl~ a 5~(~)0 sq. f[ single story conrempor~ Rc~idmci~ for Sa~on ~xu~ ~omea. Inc. in Gold{~ Harlemr. B~ Reran lq~ a 5.0~ sq. ~ 2 sro~7 ~srom home 7b~n Pla~ ar t)ei~), - a hxmfious 16-mt ~b~ tom home project l~-ated m the he~t of De.ay Bmich com~sed of ~-levd ants priced ~twemx $279,~0 md $525.0~. ~'llon Pk~ - ~so a l 6-utht ~bm~ town honle proj~t l~ated Soufll of A~dc Ave. ~ the d~m~ hub of ~y B~ch priced be~eea $~95}00 ~d $545.t~0. feaB,evre I;/e~,, ~ exclusive enclave of five reft ~h end ~srom anached h~e* ~n~ng in sqmrc f{~c from sq. fc to over 5,0~XI sq, ft, priced bem~ee.n 1.3 and 1.8 million dollars. ~c proj~t is lo.ted m East DeD~y Bexd~; one block ~om ~e aeon and Atlantic Ave. x~thin one of ~c ~nost pr~dous ~d we~ ~own aeighborhoo~ in town. B~mu~ (jan&n.~' - Two high end restore homes of 4,5~ ~ con&~m~cd sq. fi; ~ch l~ated on Souflx Ocean Ave. dccdcd beach dghm. Each home wffi be txvo story wldl m~ ad~fion~ fl~d floor &=r among o&er ~gs ~ boast a media r~m ~nd "m~gbr groao" wid~ s~cr ~tchem outd~r ~e place and pdvare spa. .[~uth arran I~r/c~ - An entre of o~y ~o ~stom esm~ homes located on Sotlth ace. an Ave. that ~11 be app. ~ ~cN ~camd just steps ux~y ~m De~y's beau~ beaches each of &ese homes ~1 boast a (otlr car gm rxgm, a h~ous Sp~sh ~spked en~ co~ M& lush ~cap~g md a xmt~ fcaa~:, ovcmized p~x4 arul xlyx> (.)c~n "~dor" xm~ outdoor street ~tchcn and maids tlua,e~ among other luxurious PROFESSIONAl. ,MKMI~KRSHIP:~ & A(L'\I)I':MIC AI"["II'.IATIO_MS · Member, The .American Institute of Archimc~ · Mem~r, ~e National Coundl of ~c~tec~ l[%~fion Bo~d NL~sachusc~ Institute ofTcchaol%~ ~ Ass~adon of fl~e Pdni ~ches ~aU 17 04 12:51p ~RYER RB~O RRCH & RS$OC. 5~1-272-$949 · Member, Palm Be~ch Association o£Thc Amc,qcan luslitutu o£A~chh¢cts · Se,-ve in The City of Ddmy Beach Site ?hn Rcvicw a~d.Appc~zr, mcc L~,~d · ~4cmbc~, ('.~y of l~cLmy ~:k~ch Chamber 01' C~ammerce. Dec 17 2003 12: 13PH DRVID R. BERLE, P.R. (561) 243-3166 111 ! I~ ~ o,: OE-R~v B~AC. ,~,~ f® BOARD MEMBER APPLIcATioN 200'1 DEC I 7 2003 CITY CLERK FLORIDA AND NEW YORK NEW YOPd(, NEW YORK 10017 DAVID A. BEALE, P.A. Attorney and Counselor at Law 355 N.E. 5~b Avenue - Suite #i DELRAY BEACH: FLORIDA 33483 TELI~ PHONE (561) 243-1477 FACSIMILE (561) 243-3166 CELL PHONE {56D 213-2040 750 THIRD AVENUE - 29TH FLOOR TELEPHON~ (212) 949-0203 OR (212) 682-2288 FACSIMILE {212) 682-2474 DAVID A. BEALE David A. Beale is a graduate of Cornell University (B.S. 1971) and Fordham Law School O.D. 1974, Law Review 1972-74). He is a member of the New York Bar (1975) and Florida Bar (1990). David Beale is a member of The American Bar Association, The Florida Bar Association, New York State Bar Association, Association of the Bar of City of New York, Palm Beach County Bar Association, and the South Palm Beach County Bar Association. He belongs to the Entertainment Arts and Sports Law Section of the Florida Bar, where he is on the Executive Council and Chairman of the Publishing Committee. He is also active in the Media Law Committee of the Florida Bar, and the Intellectual Property Law Section of the New York Bar Association. Mr. Beale has spent his entire career representing the needs of small businesses and their owners, the sizes of which range from start-ups to companies with $100 million in sales. His practice encompasses all types of corporate, partnership, employment and commercial agreements, including leases, property purchases, and financing agreements, as well as all types of litigation that relate thereto. He is able to work with clients who have sole proprietorships as well as partnerships and corporations, and to guide them through the intricacies of licenses, fictitious names, incorporation, corporate document requirements, employment agreements, shareholder, voting and buy-sell agreements, confidentiality and non-compete agreements, mergers and acquisitions and creditors rights. Mr. Beale can give guidance on vendor, service and software agreements, as well as negotiate and litigate disputes over same. Mr. Beale frequently develops new approaches to issues and problems when advising clients and, as needed, when litigating on a national level, while remaining constantly aware of the client's desire to remain cost efficient in today's economy. On a personal level, Mr. Beale can advise and counsel on all types of matters, including wills, trusts, health surrogates, powers of attorney, living wills, and probate, real estate, rentals, name changes, bankruptcies, debtors and creditors rights and homeowner and association rights. When a client's need arises, he works with the best attorneys in the fields of matrimonial, personal injury and estate planning. Real estate closings can take place in his suite, with title work done by associated counsel. Clients of the firm are found in the areas of banking, publishing, distribution, marketing, licensing, food, drugs, cosmetics, restaurants, real property, direct mail, fulfillment, accounting, non- profits, party planning, catering, equipment sales and financing, and employee management and training. He has extensive experience in employment law issues, and spends a great amount of time counseling companies and their hm'nan resources professionals with questions concerning discrimination, harassment, disabilities, EEO, Family Medical Leave and Fair Labor Standards. If such issues cannot be resolved by counseling and negotiation, Mr. Beale has litigated all types of employment law issues. Mr. Beale is outside general counsel to a national and international distributor of magazines and books, employing over 1500 persons nationally. Mr. Beale has also represented national magazine and book publishers, and film and video producers, and has negotiated and drafted contracts for clients that cover ever3/conceivable area of need, including copyright, trademark, rights acquisition, licensing, publishing, distribution, printing, mergers, and assets and stock purchase and sale agreements. He also has extensive litigation experience in state and federal courts all over the country in all related areas, which include infringements of all types, libel, slander, invasion of rights of privacy and publicity, First Amendment issues, unfair competition, as well as enforcement of contract rights in these areas. COMMUNITY ACTIVITIES Mr. Beale believes it is important to participate and give back to the community he serves. As such, Mr. Beale is a member of the Delray Beach Chamber of Commerce, where he sits on the Local Governmental Affairs Committee and the Year 2000 Awareness Group. He is also on the Capital Campaign Committee of Pineapple Grove Main Street, Inc. and its Grove Artwalk Project where he does the legal work on a pro bono basis. Mr. Beale also is Vice President for Youth and Education of Temple Beth El in Boca Paxton, and is a Director and Executive Board Member of the Jewish Education Commission of the Jewish Federation of South Palm Beach County. INTELLECTUAL PROPERTY AND MEDIA PRACTICE David A. Beale is experienced to handle a wide array of issues and problems in this practice area, including representation of magazine and book publishers, distributors, film and video producers. The areas of expertise covered by Mr. Beale's practice include the following: Trademark and Copyright Practice - This area encompasses everything from registrations, development, licensing, infringements and unfair trade practices. Experience includes litigation of all types, from the Trademark Office to federal court actions for infringement action, including the prosecution and defense of preliminary injunctions. Publishing - The firm has extensive experience in negotiating both magazine and book contracts covering the following areas: publishing rights, printing, distribution, licensing and fulfillment. * Media - The firm can meet all need in this area, including, libel, slander, rights of privacy and publicity and alt other First Amendment issues. EMPLOYMENT LAW PRACTICE Mr. Beale has represented clients with employment law problems ranging in size from five to two thousand employees, in every aspect from counseling to litigation. He has represented clients before Unites States District Courts in employment related cases all over the country, as well as appearing before the EEOC and state human rights agencies in Florida, New York, Tennessee, Illinois, Texas and Missouri. David A. Beale believes the most effective way to handle employment law claims is through a preventive approach. This means that he will work with each client long before any claims arise. Ifa problem surfaces, litigation can be handled in a cost effective and professional manner. In today's business environment, companies are recognizing that it is essential for an experienced lawyer to draft and/or review employment policies, procedures and provide training to all supervisory personnel. After extensive consulting with the client's Director of Human Resources, or other responsible individuals, in order to determine the problems and issues specific to each client, Mr. Beale will ensure that the client is prepared to handle the wide array of employment law issues that may arise. These may include one or more of the following areas of employment law: *Hiring and evaluating employees *Supervisory training *Employment discrimination, and harassment Title VII, ADEA, ADA *Employee personnel files and tight to privacy *Employee evaluation *Security issues *Job safety *Reduction in force; re-engineering *Compensation 8; work schedules *Employee Compensation & fringe benefits *Employment termination *Employment contracts & agreements *Drug testing *No smoking policies *Disciplinary programs and procedures *AIDS *Family Medical Leave Act In counseling and litigation, Mr. Beale emphasis the business approach that employers appreciate, taking into consideration the need to run a business in today's competitive climate while complying with the law, and helping employers achieve the optimum from their employees, i.e., their human resources. His loss prevention and litigation skills are needed to serve your needs, and work with your Human Resources on a regular basis (daily, weekly, as required) to create a partnership. No employer should face today's employment law problems alone. David Beale will always be available to be your partner in problem solving. NoV-14-o3 11;55AU FROM-~RK$ CORPORATE OFFICE 1993 2.0O3 58139SBBZD T-FGB P.OZ/O3 F-TZ5 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION O1'/: Ad.ess: 3. I~ga] Residences' 4. Pzin~p~] Bus/ness Address: Home Phone: Phone: ~dclress: mrcre~r~d i~ s~wlng? PJca~c lis: in o~dcr ofp~t'~ence~ you hold: Give your present, or most recent employer, ~nd pos~uon: ::xpczicnccs, ~ or yog r~ ~(~'~e OX) ~ NOV-14-a3 11:56AB FROa-~RKS CORPORATE OFFICE 5B139588za T-?B8 p.o3/a3 F-725 JOHN N. HART 220 NtW 12~ St., Delr~y Beach, FL. 33444 Phone-561-278-0304 E-mail theharff~m ~aoL~m SU~y To follow a ~r~r ~ in ~e hospitality indust~ that continually pos~ challeng~ ~at r~uire me to utili~ all of my expe~ise to solve problems, maintain op~afional con~ol ~d ~imize the bo~om line. PROFESSIONAL EXPE~ENCE D~mber 98-prez. General Manager/Director ~ O~erations/CMef Oper~ing Officer, Mark's Resta I w~ r~rmr~ ~om ~C in 98 to sn~-he~ a ~* ~ -:": . ,. urants- ~lorida proj~t for Jam~ Boa ~ ~;~.~ ~k~ ~;f,~u~ ~oila[ r~murani r~ovation and expansi n rd Aw ..... ,,~,,~ ~mmarr ~mtello m Mt~er Par~ B~a Retort o ~a~ r~nsibilifi~ includ~ wo~ Mth arc~t~ desi .... M con - - ' ...... ,,ammg costa ~ analyzing mon~ly P&L's. g In Feb~ 0f2090 1 w~ ~ppginted to Dir~tor or,OH Operations. My tint pr~t was Op~g ~e ~ ,J Fmmg~. ~t &pm otzuol I wa~ promor~ to my cU~ent p0sit~on of Chief Operating O~e?. My pri~y responsibfliti~ have ~eluded fi ' . ~,~gH ?erauons, ~dl~ &y to day b~s man*~- ~-- ~on to th~ p~ers' ov~s~ all FOH ' - - . .~-~ -?~m~ng crmtmg ann m~ting budget ~2~o~llBes. m conjunction wt/h the a~o~tlng t~ ~d l~Urm ov ' g ~all ruhr a r l~at~o~ q y nd consistency for ~e D~ember 97-D~emb~r 98 General Manager, Remi ~estaurant -~C My p~ition breast m* ~11 circ~ ~ an operator of a multi h * ' · ep~atim ~at provid~ me ~o o~n~u '~ ,~ ,.~.~ ...:.,. ~' $1_ ~ton dollar a y~ r~ta~t ~r mY ,~ ~,,t~ ~ut reno~l~ ChefFranc~co Antonucci ~d mrematio~l r~Ia~anr desirer Adam D. T~ny in a high profile mid-to~ Ma~n eared. R~ponsibiliti~ includM refin~onr ~d supervision or,Il FO~ opera[ions, overs~g ~e calerin~anquet serGc~ ~d a $2 million doll~ a y~ to go op~atmn. Sep~m~r 9gDec~mber 97 Boerage Dlrector/A~istant Manager, Darrel & Oliver's ' . D~i~ ~he bar Oom pr~comtruetion and opemt he b~~ff~ ~ Grdl-Ft._Zauderda& ~ t * ~tage aepment ~ one of Ft. Lauderd~e's top restaurants. My department ~ iB first year mnerat~ 400~ ~e,k~ ~ Crmlod and maimain~ ~ award w' '~ ,,,:~ ~2; .... /~ ......~oss revenue for the r~ant P W ~ menu. Orgamz~, market~ and en~med a seri~ ofsuc~s~l wine ~s. Directly ras~nsible for ~I ~vera~ pu~hasing, invmtori~ ~d controls. L~t~ed st~ wee~y on wine and sp~B. '96. Intern~ as kitchm ro~dsmen in sU~or of August 94-September 95 Assigtant Beverage Manager, Mark'~ Restaurant. Ft Zau ~p~mibili~ included wee~y wine ~d s-ifi,o -.._r ~- d~rdale aany ~r o~erations at on~ ~, ~o,.~ a ,~, ~ pm~n~, mvento~, sch~u~n co t and ......... ~u~o s most pr~o~ous r~m~anrs, g s con~ols CONSULT~G PROJECTS On site r~id*nrial, hot,l and restaur~t work that p~lly f~m~ on ~oubl~h~ting ~st cereus, ¬ional d~i~ layouts ~d menu development. *Details provided u~n requ~[ EDUCATION Bac~lor offs, Political Sci~c~U~versi~ of Ca~fomia, S~ Barb~a-~duat~ with ho~rs 1992 Guild of So~eliors-Ce~fica~ Cours~1997 · Additional prior experience, s~cial tnteres~ and referenc~ provided u~n requ~[ NoV-14-o3 11:55A~ FRO~MARKS CORPORATE OFFICE 5613gS88Zo T-768 P.O1/o3 F-?Z5 November' 14, 2003 Ms. Kazen Scheli Executive Assistant-City Clerk's Office City of Dekay Beach FAYS: 561-243-3774 Dear Ms. Schell: · Thank you for your phone call concerning my application for Board Membership. i am forwarding along with this cover letter my applicatiol~ and a copy of my resume. You indicated that there may be seats ava/lable on the Nuisance Abatemeat. BoaJd and I would ~e interested ~n serving the community as a member of thin'board M~ only concern me snort mn ~s ~ny schedule rtn-ough January ofnext year Iaminthe ro~essof - p accepting a new position in Miami and will be very b~sy for the next two months. Al;hough I do not'foresee the Monday meeting thne as an issue I would not want it to become one_ ' l~you have any other questions or concern~ regarding my application please do not hesitate to reach me at either, of the numbers on my resttme. /~ely, ,/ ' John N. Hart DELRAY BEACH NI-America C~ 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~e or print the following infom~fion: 2. Home .Address:, State Zip Code 3. Legal Residence: City State Zip Code 4. Principal Business Address: City State Zip Code 5. Home Phone: Business Phone: E-Mail Address: Cell Phone: Fax: 6. Are you a registered voter? If so, where axe you registered? 7. What Boa.rd(s) are you interestec~ in ~erving? Please llst in order of preference: 8. List ~ City Boards on which you axe currently serving or have previously served: (Please include dates) 9. Educational qualifications: 10. List ' ' .... ~n) rehted professmn~l cemfic~uons ~nd licenses w~ch you hold: 11. Give your present~ or most recent employ, er, =nd position: 12. Desexibe experiences, skills or 'knowledge which qualify you to serve on tiffs boaxd: (Please amch a brief resume) ! hereby certify that all the ~bove statements axe true, ~nd ! agree ~nd understand that ~y misstatement of materia] facts cont;~ined in this application may c~use forfeirare upon my paxt of any ;ppoinUnent I may receive. S]G,~.~.T~P,.~ ' '. ~,ATE Note: This application will remain on file in the City Clerk's Office for a period o~ ~l~ie~ ~clt~l~p~te it was submitxed. It will be the applicant's responsibility to ensure that a current a'p~'~'~o~'~s ~n'"fi~e. ,'/ DAVID MATTHEW HAWKE 121 Heather Lane Dekay Beach, Florida 33444 (561) 740- 4440 OBJECTIVE: To advance and broaden my knowledge of complex architectural, aviation, transit, and pubhc facilities projects; To intensify my contract negotiations, design/build expertise, and design/construction supervisory experience. EDUCATION: Masters of Business Administration Marymount & Georgetown Universities, In-Progress Master Degree in Architecture/Engineering University of Maryland Bachelor of Science Degree in Architecture Clemson University PROFESSIONAL EXPERIENCE: HAWKE & ASSOCIATES ARCHITECTS, L.L.C.- President, May 1998 to Present - Design Director and Principal of a full-service architectural firm in South Florida. Specializing in commercial structures, medical complexes, and public facilities. The office pursues and has teamed up with large firms on joint-venture projects in aviation and transit as a consultant throughout the nation. MASSACHUSETTS PORT AUTHORITY- Senior Project Manager, February 1997 to April 1998 Logan Modernization Program Terminal Area Roadways - Developed a preliminary design to complete Construction Documents in eleven months. The 1.5 mile two level roadway system has + 60 caisson foundations and complex structural design. The airport traffic and roadways must be maintained during difficult phased construction. Estimated cost - $125M. People Mover System (A1TC) - Assisted in the development of a EIS for a automated intermodial transit connector awaiting Federal approval and ISTEA funding. Preliminary transit station design, alrside/landside alignments and profiles, curbside disruption, passenger convenience, and busing interface. Estimated cost - $30 M Phase I / $375 M Phase II. Quality Assurance Manager. Supervised four construction inspectors and construction supervisors for active Logan terminal expansion and aviation projects. Airport passenger movements, air carrier, and numerous concession must be maintained during complex construction. RECEIVED DANllgL, MANN, JOHNSON, & MENDENHALL: November 1989 to January 1997 Project Unit Manager and Contract & Procurement Construction Manager: Tren Urbano Mass Transit Project, San Juan, Puerto Rico - July 1995 to January 1997 Bayamon Alignment Section - Negotiated procurement and optimization, including design, procurement, proposal evaluation and construction management, of a large design/build contract for two transit stations, concession areas, retail spaces and 2.4 km elevated guideway. Contract Award - $68M. Centro Medico Alignment Sections - Negotiated procurement and optimization, including design, procurement and proposal evaluation, ora complex design/build contract for three transit stations and a 3.2 km elevated, at-grade, and retained-cut guideway. Contract Award - $72M. Project Design/Construction Manager: Metropolitan Washington Airports Authority, Capital Development Program, Washington, D.C. - November 1989 - July 1995 New Tertninal Bridges to Metro at Washington National Airport - Coordinated design, supervised and managed Cesar Pelli and Walker Parking Consultants for the design of the pedestrian bridges interface with Metro Transit (WMATA). Contract Award - $39M. M?ddle/North Parking Structures - Supervised design of two structured parking facilities for Washington National Airport and coordinated with Metro Transit (WMATA). Managed design and early construction of retail spaces adjacent to and construction within North Terminal Mall. Contract Award - $57M. Rental Cars Quick Turnaround Facility - Coordinated with Rental Car Representatives and supervised the selection, negotiation, design, and direction of the architectural/engineering firm of Dewberry & Davis for the design/construction of rental car facilities at Washington National Airport. Contract Award - $21M. Americans Disabilities Act, Title II, Design/Implementation - Contracting Officer's Technical Representative in selection, negotiation, and direction of Greiner, Inc. for all public facilities, tenants, retail construction at Washington National and Dulles International Airports. Implementation Costs - $157M. Delta 3-Gate Addition Interim Terminal - Managed and directed Delta Airlines and its architect Milton Pate Associates. Full range of airport issues and interface with the airlines, concessions, retail vendors, construction and operations adjacent to active gates. Contract Award - $3 SM. ELLERBE BECKET, INC. Architect - March 1989 to October 1989 Leader of a convention center and hospital design teams (Children's Hospital Center, Washington Convention Center, WMATA). Designed and produced construction documents on five Washington office buildings with retail on ground floors. Designed long span convention centers. SKIDMORE OWNINGS & MERRII,L- Architect - January 1988 to March 1989 Significant role in the design of two large-scale public projects (Metro Center, David Childs, Washington, D.C.; and Sears Franklin Center, Dean Johnson, Chicago, Illinois) and their interface with the local urban fabric and WMATA. THOMPSON, VENTULETT, & STAINBACK & ASSOCIATES - Consultant -1986 -1987 Worked directly with the Project Manager of the Philadelphia Convention Center. Long span structural designs incorporating convention space and interface with existing mass transit (SEPTA) facilities. Developed designs related to Atlanta Convention Facilities and Expansion of an existing convention center. PORTMAN, RABON, ItATCH, & McWHORTE1L ARCItlTECTS -Architect - May 1986 Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced hotel design from schematics through construction. Working relationships with three principals, mass transits stations with MARTA engineers, ~ shop, retail shops, and hotel management. Member of design teams (Hilton Intercontinental and Hyatt Hotels). Experienced convention center design from schematic design through construction. Working relationships with three principals, mass transits stations with MARTA engineers, ~ shop, retail shops, and hotel management. PROFILE: COMPUTER: FOREIGN STUDIES: Massachusetts - License # 9840 District of Columbia - License #5030 Commonwealth of Virginia - License # 10736 State of Maryland - License # 9846- MD State of Florida - # AR 0016510 NCARB Certification # 42,428/File # 37,412 American Institute of Architects - January 1983 - Present Southern, Standard, & BOCA Building Codes - Examiner and Inspector AutoCAD2000, Intergraph, G.D.S., WordPerfect, Primavera Maryland Graduate School of Architecture Palazzo, Massimo and Roma, Italy Cultural Associations - Pension Mimosa, Pantheor~ & Florence, Italy LANGUAGES: French, and Italian (Broken) May I0, 2002 www. Hawkearchitects.com Ms. Karen Schell, City Clerk Manager City Clerk's Depmhaent City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 32~.~. a. Reference: Application for Advisory Board & Committees - Request for Membership or Alternate Position - City of Delray Beach - 2002 Board(s) Dear Ms. Schell: Thank you for your assistance in the application process of the City of Delray Beach Advisory Boards and Committees. I am requesting in writing a potential position on the following City of Delray Beaches' Advisory Boards and Committees. As requested, the list of boards are arranged in order of preference. Please note, the following list: Site Plan Review & Appearance Board Planning & Zoning Board Downtown Development Authority I appreciate your assistance to submit my name for the board(s) listed above. Thank you for your assistance. If you have any questions, please contact me at (561) 740 - ~.~.~.0. Thank you in advance. Respectfully submitted, David M. Hawke, RA Hawke & Associates, Architects LLC Florida Licence # AR 0016510 cc: file, Attachments (Ground Floor Plan) 121 Heather Lane Delray Beach, Flor/da 33444 RECEIVED HAY 1 ,n'2002 740 444~ITY CLERK P. (561) - 10 F. (561) 921 - 0444 DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please in~orm~on: 3. Legal Residence: 4. P~dpd Bus.ess Address: ~ Sure ~p Code 5. Home Phone: Bu~ess Phone: ~ ~M~ Ad&ess: ~ PhOne: F~: I 6. ~e you a re~stered vo~? ~ If~o, ~e~e ~e ~ou te~st~ed~ 7. ~atBo~d(s) ~eyoukterested~?Please~st~o~erofp~f~ce: 8. Ust ~ ~- Bo~ds on w~ch you ~e ~d), 9~ ~ucafio~ gu~ficafions: 10. ~st ~y tehted pmfesSio~ ce~ficafions ~d ~c~seS w~ch you hold: 11. Give your pre~enk ot most recent ~ploy~, ~d ~fion: 1~ Des~be ~pe~ce~, ~s or ~ WN~ ~ you ~e on ~ ~: &~e ~ch ~ b~ef ~e) remain on file m thc Ci CI ' ~Vl: ' ,' ~'ty ~,LX~fi[_~ fRr/g:plmjod of 2 years from the date it was submined. It will be the sot)licsnt s res,'-',nsibili'-'~-c:--~'~-'~-t ~ "" '" ,- r" 'r ~,-,:mur~ mat s current Ipplication is on f:de. MAR 0 9 200/, ~'/t~ im FEB-13-Z0O4 11:08 FROM-TAURIELLO & cOMPANY ~. Z.cg~ Rt.~idc~c.~ 4. l~fncipa~ Bu.4ness Add. 6. Arc you n rcg~cd 9. ]~duc~ciomJ q~lific,6oc Give your p~csc~% or ,~ t2- IX-~cRb¢ e~p~ieaccs, -~,q This ~?plicgtic)n ~ s~bmirrtd. It will Z739533 T-IH4 P.§OZ/OOZ F-549 CiTY OF DELI,AY BEACH BOARD MEMBER APPLICATION ~s Phon~: :~.~tcd ich 3~u >aa] ¢..~ificatiu~ and Lic(msc~,~Kic~ yoU holdl ~. ostrcc~tcmplo¥cr~.sndpoddo~: TAU~ELLO 4-~:9 ~ ~ /~-~4r~A-/g - M-L .Zip Cc>dc ~p Code DELRAY BEACH 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t~,e or prbt the folJo~ in£orm~tlon: 1. last Name: q 4. P~dp~ Bus.ess Address: Q~ ~ Sutc ~p Code 5. Heine Phone; Bh~ess Phone: ~M~ Ad'ess: ~ Phone: F~: 6. ~e you ~ roistered voter? ~(~ If so, ~here ~ you m~stered? 7. ~at B~ard(s) =re you ~teres~ed ~ se~g? P]~se ~st ~ orde; of prefer~ce: 10. ~st ~y re,ted ~fession~ ce~dons ~d ~censes wMch you hold: 11. Give your pre~nh or mo*t recent ~mployer, ~d 12. Des~be ~pehences, s~s or ~o~1¢~ w~ ~ you to ~e on · p[ lam on file in the City Clerk's Office for · period of 2 years from the date it was subn~tted. It will be the applica~:~n~/~I~ms~e that a current_~l?pllcation is on file. MAR 2 9 2004 / JACK LICHT 830 Greensward Corn% Apt; H-203 Delray Beach, FL 33445 (561) 350-4493 lichtrojack~yahoo.com SUMMARY OF QUALIFICATIONS Ten years progressive experience as a middle and senior level manager in the public and not-for- profit sectors. Focused on policy implementation, planning, operations and building organizational structures to achieve ends. Devised and implemented strategies for improving program quality. Proven track record in strategic analysis, problem-solving and encouraging key stakeholders to participate in planning and decision-making. PROFESSIONAL EXPERIENCE Department Manager · Supervised 70 Head Start grantee staff, ~vhose responsibilities included training and technical assistance, program monitoring, fiscal operations, management planning and anal) sis, and facilities development and management. Facilitated the attainment of federally required progrmn design and management systems for 75 delegate agencies with 226 Head Start centers. · Coordinated the expansion and renc~val of Head Start services, including the development and submission of grant and expansion applications to the federal gnvemrnent. Applications resulted in the renewal of funding mad an increase in Head Start em'oliment by 5 percent. · Negotiated and obtained a $27 million Head Start facilities improvement grant fi'om the Regional Office of the Admhtistration for Children and Families. · Advised and trained Head Start provider sponsoring boards in the principles of policy gnvemance. Facilitation resulted in enhancing the effectiveness of sponsor administration and accountability for the program. · With the NYC Board of Education and the Human Resources Administration, designed and implemented a contract management system for the United Wa)' of New York City focused on transitionmg AFDC parents fi'om public assistance to work. Prngrmn resulted in pre-TANF protot3~pe for transitioning public assistance recipients to work. · Co-managed operations for the Community Achievement Project in the Schools (CAPS), an attendanco improvement drop-out prevention initiative. Responsibilities included planning, program administration, tectmical assistance, perfmmance-based training, and reporting and evaluation. · Designed and implemented a cit)~vide contract management system for use with over 200 community-based service programs. Established objectives, developed performance measures, and evaluated and fmc-tuned the system. Created a new protocol for contract monitoring, evaluation and teclmical assistance. Project Manager · Designed, organized and implemented three cit)wide community elections in 33 of the NYC's 59 Communi~o: Districts. Developed election budgets, coordinated and monitored project supervisors. Trained over 1,000 staff for each election and interfaced with community organizations and political stakeholders. Elections resulted in the creating the core membership for 33 citizens' advisor5' boards responsible for recommending human services programm/ng and establishing funding levels. JACK LICHT PAGE 2 · Implemented a public participation project to restructure the Commtudty Action Program of the City of New York. Presented the restructuring project to other municipal units, imerfaced with community groups and local public officials, planned and implemented a series of cit3~vide public hearings and circulated 20,000 proposals on the restructuring. Process resulted in a restructuring of the Commanity Action Program. · Initiated the reengineer'mg of key Head Start work processes, including task analysis, and the identification of impediments to smooth, cont'muous and efficient workflow. · Developed a handbook used in the implementation of performance measurement (outcome measurement) for Head Start delegate agencies. WORK HISTORY · Acting Assistant Commissioner, Administration for Children's Services Head Start, Jul), 2000 - December 2001. · Chief of Staff; Administration for Children's Services Head Stmnt, October 1997 to September 2002. · Deputy Director of Contracts & TechnicalAssistance, United Wa)' of New York Cit3', October 1992 to October 1997. · ConrractAnalyst, Agent3' for Child Development/Head Stm% December 1990 to October 1992. · Director of Contract Management/Citizens'Participation, Community Development Agency, Ma)' 1979 to December 1990. EDUCATION BA-MA Queens College, City Universit3- of New York. AWARDS · Citywide Head Start Policy Council Special Recognitionjbr Promoting Citizens Participation, 1984. · Mayor'sAward.[brManagerialExcellence, 1989. COMPUTER SKILLS Working knoxvledge of Microsoft Word, EXCEL, Power Point and Visio.. Assisted strategic planner and MIS anit in automafmg repmling and communications within Head Start. 1993 .200~ CITY' OF DELRAY BE=ACH BOARD MEMBER APPLICATION lat/ndpaJ Business Address: Home Phone: Phone: 6.Ate you a x~gistered voter? 7. What Boaxd(0 are you rater=seed I.f ~o, where are you n~gi~t~red? *end.g? ?lc:~c li=~ in Oxder ~ xvhieh.you ~¢ aarrend) s¢l'v'mg or hav¢'pz~'v~o~asl/r~a:l:.(pjea~e/~dude qualifications: ' ~' cen:ifi~dons an~ tlcc.~ses which you hold: I 1, Give your p~esent, or most tcc~lt ~mploy~r, ~md pos~*,oru ~ Co~le !Z l~.a~b~ expea:/ene,= 5IGNATUI~ facts Note: TMs applicadon ~ rema/n on ~e/n the C~ ., ... p~od of 2 yea~ from thc date it ~brr~¢d. It ufifl b~ the ~ppl/cant's ~'v-apoasaoialh. u,w~,~.~...._-.,~u~ * p~ [~_E~.z-iT~'~L"a~ current *pp/Jca~oa is on file. APR 2 0 200{ FROH : CHRISTIHA DIORRISOIIO FI~'.K NO. : 0000000000 DE£1~.Ay B[ACH BOARD MEMBER APPLICATION 1993 20o'~ Feb. 20 2004 12:05~r,1 P2 Norm Tl-ds ~pplJcazion FEe I ~ 2004 FROI'I : CHRISTI~IF~ MORRISOIIO F~X IqO. : ~00000000r~ F~b. 20 2004 12:r35F~I'I P_-~ CHRISTINA MORRISON, CPM BACKGROUND DATA Christina Morrison is a Licensed Florida Real Estate Broker and a Certified Property Manager (CPM). She has been active in the real estate industry for over 23 years; her areas of expertise include acquisitions, development, change of use and conversions, property management, sales and leasing, training, and ali phases of real estate marketing, Chris is currently a Broker~Associate with Balistreri Realty in DeLray Beach, Florida, specializing in condon~niu_m, waterfront, and investment prope~es. Until July, 2001, Chris was the Director of Property Management for the Southern Division of Pem~sylvania Real Estate Investinent Trust (PREIT), a publicly-traded company based in Philadelphia, Pennsylvania. Her duties induded the supervision of apa~ l~tent portfolios ranging from 2300 to 3100 units in several s~tes, the successful development of three apartment properties, ~nd the authoring of tlie company's Policies and Procedures Manual and various training seminars on Leasing~ Fair Housing and Safety. Prior to joining P!KEIT, Chris was National Marketing and Training Director for Regency Windsor Companies, an apa~ tutent development and management firm based in Veto Beach, Florida. Chris' responsibilities with Regency Windsor included the analysis, development, and coordination of marketing activities for all ~roperties managed by Regency Windsor, encompassing over 12,000 apa~ ~ent homes in eight states, the development and implementation of various training programs for ali Managers and Leasing Cotrsudtma~, and the design and implementation of marketing and leasing campaigns for two new properties. From 1991 until 1994, Chris was Director of Property Management for First Montgomery Properties of King of Prussia. Pennsylvania, overseeing the management and leasing of over 3,900 apartment and condominium units in follr states. Chl-/s is a graduate of Penn S~te University and is a Past Director and President of The Institute of Real Estate Management, Delaware Valley Chapter. She is currently Pres/dent of IR.EM - Southeast Florida and a member of the Governing Council for The Institute. Chris is also a national instructor and O:atns Property Managers and other Real Estate professionals throughout the country. She is also an active member of the Realtors' Commercial Society of Palm Beach County. In her spare time, Chris donates her time to the Delray Beach Food Bank and Caring Kitchen and enjoys traveling, scuba diving and the Southeast Florida lifestyle. 1993 CITY OF DELRAY BEACH BOARD MEMBERAPPLICATION Please t~e ox print the follow;~ tg information: , ~' ~. ~ ~~' ~ S. Home Phon~ ~ ~s Ph6n~: 7. ~t Boca(*) gm you in.r¢eefl h s:~ P~e ~t ~ o~er of preference; 8. ~t ~ ~ Bo~d~ on w~ch you m c~endy 10, ~s~rclate~mfcssion~ficafions ~d ~c~scs ~hch you hold: con.ed ~ ~ app~ca~a ~y ~u~e foff~ upon my p~ of~y a~o~mmt I mey ~vc. ~NA~ DA~ Note: This applicarlon will rema.M on file in the City Clerk's Office for a period of 2 years f~m the date it wan submitted. It wLll be the applicant's zespomibility to ensure th:t a current appllcadon is on fil~, RECEIVED CITY CLERK Management James M. O'Brien President Professional Experience: · Over thirty years of hands-on experience in Property Management, Leasing, Marketing, Tenant Improvement and Construction Coordination in the Northeast and Florida markets. · Pdmary focus on Office, Industrial, Retail and Mixed-Use properties. · The management of asset portfolios with a diversified product type and quality. · The management and supervision of fee managers and leasing personnel as well as directly employed managers and leasing agents. · The development and implementation of asset redevelopment and enhancement programs. · The development and implementation of investment plans and the on-going management of investment and operating budgets. 1999-Present M.O.R. Property Management, Inc. Delray Beach, Florida 33483 President BeachPlace Fort Lauderdale, Florida General Manager Responsibilities included the overall day-to-day management of a 100,000 square foot Entertainment Center with an attached 800 car Parking Facility and a 400 room Mardott Vacation Club International. Prima~y functions included the fostering of strong Tenant relations as well as the retention of desirable Tenants compatible with the Entertainment Center concept. Additional responsibilities extended to the production of maximum net revenues, cost control and analysis of the operating statements to enhance ways to improve on revenues and control of costs. Oversee the internal accounting, marketing, security, janitorial and general maintenance of the Center. Codina Real Estate Management, Inc. ht~p://m ormanagement, com/bio_obrien, hlm 3/24/2003 MOR Property Management, Inc. Page 2 of 3 Coral Gables, Fledda Vice-President Responsibilities included the management of an existing portfolio of Commercial Real Estate properties, Investment Sales; Syndication of New Partnerships and coordinating the formation of new Joint Venture projects for the Codina Group and its affiliates~ 1988-1996 PFK Realty Services, Inc. Fort Lauderdale, Florida Partner Director of Management, Leasing and Marketingl:or PFK Realty Services, Inc. (Please sea attached Curriculum Vitae). Additional responsibilities also extended to Management of Tenant Improvement Construction for the Company. American Tectonics Southeast Boca Raton; Florida Vice-President Director of Management, Leasing and Marketfng services. Responsibilities included {he management, leasing and marketing activities for a regional Commercial Real Estate developer in South Florida with over 1,000,000 square feet of Commercial space either existing or under construction. Additional responsibilities included the long-range planning for the management, leasing and marketing of future Commemial. Indus{hal & Retail Developments, as well as the oversight of all Tenant Improvement Construction projects. Johnstown American Companies Consolidated Capital, Inc. Allanta, Georgia Vice-President Director of Management, Leasing and Marketing and Tenant Improvement Construction, Boston, Massachusetts's regional office. Responsibilities included over 1,000,000 square feet of Office / Retail space located in Massachusetts, Tennessee, Connecticut, Michigan and Georgia. Personal: Real Estate Salesperson, Florida B.O.M.A. Past President, South Florida Chapter Education: Milton Academy, Milton, Massachusetts Trinity College, Hartford, Connecticut BA History http://m °rmanagement · c, om/bio_obrien, hla'n 3/24/2003 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION the foQow~ information: z-xca~c type uz V~mt uae ~"~'~'~t5 .......... ~ I. 1. Last N~uc: PeltzJe Na.me Kenneth City St~t~L Zip Code 2. Home Address: 2260 Rabbit Hollowe Circle Delray Beach 33445 3. Legal Residence: City State Zip Code Same 4. Principal Buhne,s Address: City State ZiP Code 100 East Unton, Suite 606B Delray Beach FL 33483 5, Itome Phone: Business Phone: E-Mail Address: eel! Phone: Fax: 5614984764 561-279-0808 kpeltzie@yahoo,com 561-585-3811 561-279'2282 6. Are you tLreg~st-er~d vg. ter? _ If s0, where are you registered? Yes ue~ray ~eacn, Florida 7. What Boa~.d(S) ~e you interested in servi=§? Please llst in ordrr of preference: Downtown Development Authority 8. List all City Boards on which you are currendy seohng or have previously served: (Please include dates) Plannin~ and Zonin~ Board 8/~5/00 to current 9. Educational qualifications: Masters in Public Health/Administrative Medicine ~0. [~st ~y related professional c~dficafions and licenses w~cli you hold: 11. Give your prescm, or moat rccem employer, and position: Vice President, Whitsyms Nursing Ltd 12. Describe experiences, skills or knowledge which qualif~ you to serve on this board: (Please attach a bdefresmne) Forty Year experience in Health Care Admin}stration and Community Plannin~ Served as an officer and Board Member of a number of c. nmmunifv nrrmniTnflnnq contained in this application may cause forfeiture upon my part of any appointment I ma3, rece/ve. Note; This application will remare on file in the City Clerk's Office for a period of 2 years from the date it was submitted. It will be the applicant's responsibility to ensure that a current application is on file. RECEIVED Sunday, May 16, 2004.max HAY 1 8 200~ '~ITY CLERK KENNETH GERALD PELTZIE 2260 RABBIT HOLLOWE CIRCLE DELRAY BEACH, FL 33445 561-498-4764 GENERAL PROFESSIONAL EXPERIENCE Hospital Executive & Planner Health Educator Health Care Institutional Consultant Corporate Executive (Health Care Consulting Firm) Federal Govemment Health Care Program Analyst SPECIFIC PROFESSIONAL EXPERIENCE 2003 to Present Vice President, Whitsyms Whitsyms Nursing Registry, Delray Beach, Florida 1999 to Present Independent Health Care Consultant 1987to1999 Vice President, Corporate Strategy, Bethesda Health Care System Boynton Beach, Florida 1990toPresent Adjunct Assistant Professor, Health Care Administration Florida Atlantic University Boca Raton, Florida 1982-1986 President, Affiliated Hospitals of Indiana (a network of 18 hospitals in central Indiana) Executive Vice President, Community Hospital of Indianapolis 1980-1982 Senior Vice President, Robert Douglass Associates (a national health care consulting firm). 1972-1980 Vice President, Chi Systems, Inc (a national health care consulting firm) t966-1972 Associate Administrator, Assistant Administrator, Sinai Hospital of Detroit (a 620 bed university affiliated teaching hospital) 1961-1966 Budget Examiner, Bureau of the Budget (now the Office of Management and Budget) Executive Office of the President, Washington, D.C. 1958-1961 Administrative Officer, United States Air Force Hospital, Dyess Air Force Base, Abilene, Texas. 1957-1958 Resident in Hospital Administration, Sinai Hospital of Detroit ACADEMIC EXPERIENCE B.A. College of Liberal Arts (Biology and Psychology), Washington University, St. Louis, Missouri, 1955 Graduate Studies (Industrial Psychology), Psychology, Graduate School of Arts and Sciences, Washington University, 1956 M.S., Administrative Medicine (Hospital Administration), School of Public Health, Columbia University, 1958. PROFESSIONAL MEMBERSHIPS American Hospital Association - Personal Member American College of Healthcare Executives - Fellow International Hospital Federation - Personal Member Community Activities Palm Beach County Health Care District, Finance Committee Crossroads, (Substance abuse support Center) Past Board Palm Beach County Emergency Medical Service Advisory Council, Past Member Delray Beach (FL) Planning and Zoning Board, Member and Vice Chairman HOPE Project (A not for profit organization providing free mammograms), Board member and Treasurer. Deaf Service Center (A not for profit hearing loss support organization), Member of the Board United Way of Palm Beach County, Member of the Finance Committee. Leadership Palm Beach Rotary Club of Delray Beach, Member and Past Treasurer DELRAY BEACH NI-AmedcaCity 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION Please t]rpe or print the following information: 2. Home Address: ' State Zip Code 3. Legal Residence: a City t State Zip Code 4.~..Princil~al Business Address: City State i Zip Code 5. Home Phone: Business Phone: E-M~ Address: Cell Phone:L/~ .._~ Fax: ~,,~ 6. Are you a registered voter? If so, where are you registered? 7~ff_.~h~t Board(s) are~o~u interested in s;rving? Please list in order~of, ptef_ere.ncq: . 8;,.~ L~st a~.~ C~ity Board~ on which )ou are. currenfl) serving or have_previously served: ~Please inc4ude dates) 9. Educational qualifica~fions3, o .~. List any related professional certifications and l~cens~s wkich you hold: 121~ pescribe experi.e¥?s, sldlls or knowledge which qua~fyypu to serve on tl~s board: (Please. attach a brief resume) I hereby certify that all the above/statements are true, and I agree and understand that any misstatement of material facts contained in th~s application may cause forfeiture upon my part of any appointment I ,m~y rece,~. SIGNATURE Note: This application will remmn o ry Clerk's Office for a period of 2 years from the date it was submitted. It will be the a~' ant'~r sibility to ensure that a current application iS~rrvc~<~o^gD~emc^no.on file. CITY CLERK ; D"}lt Ih,,, THE INTERIORS GROUP BOCA RATON * MIAMI Michelle Reich President and CEO The Interiors Group After graduating from the New York School of Interior Design in 1972, Michelle Reich spent much of the 1970's as a residential designer and interior merchandisor in New York and Chicago with Childs/Dreyfuss. In 1980, Childs/Dreyfuss transferred her to Boca Patton to open the firm's Florida branch. A year later, she made her first venture on her own with Palmer/Stuart Interiors, named for herself and her husband Smart, then a successful architect and builder/developer in South Florida. After winning numerous local and national awards, her talent and success caught the eye of the Los Angeles based Design One. They offered her a position as first President of their Fort Landerdale satellite office. Working with Design One, Michelle built upon her expertise in interior design and model merchandising. Michelle quickly developed a name for the internationally recognized firm, taking it from one to 15 employees in less than three years - and quickly gained a personal following in the area with her signature trademark designs. In 1985 she broke away and opened The Interiors Group. Over the past 17 years the company has grown both in reputation and size to become the leading interior design firms .sought by major builders, both locally and nationally. The award winning company now boasts 35 employees including one of the most highly talented creative teams in the design industry, a new corporate office in upscale Boca Raton and a satellite office in Miami. The success and reputation of The Interiors Group is a result of Michelle's keen understanding of the entire building process. Michelle believes that the design process begins before ground breaking and that is why Builders and Developers come to her in the initial stages of development for her architectural expertise and critiques that give their product a cutting edge before construction even begins. This is one of the unique services offered by The Interiors Group to help promote the philosophy that merchandising is the foremost marketing tool for builders and therefore deserves a strong eye for detail to insure that the builder is reaching the targeted market. Additionally in the past five years, she has created a new concept for the Builder's "Design Center" that creates an inviting and accessible design source that assists both the builder and their clients in completing the home buying process. Miehelle Reich is helping builders and developers sell the American Dream, the attainable American Dream. Not only do her designs spark imaginations and inspirations for targeted lifestyles, but she also emphasizes memory points in her interior design to complete the package for the builders and developers to make selling or leasing their product that much easier. She has defined design trends and oRen sets the industry standards, which she feels, have contributed to South Florida's leading the nation in cutting edge design. F{ I::: C E I V FEB - 6 003 ,fo-',. sr,,Cc,. CITY CLERK THE INTERIORS GROUP BOCA RATON · MIAMI January 30, 2003 Karen Schell, Executive Assistant Office of the City Clerk City of Delray Beach 100 N. W. First Avenue Delray Beach FL 33444 Dear Karen, Thank you so much for sending me information on the City of Delray Beach Boards and Committees. I've completed and enclosed the application form. Karen, it goes without saying that I would love the opportunity to become involved with the progress and growth of my newly beloved hometown of Delray Beach. I feel that at, er almost thirty years of my involvement with the housing and development industry, I can bring to the table the knowledge I have acquired which has been so instrumental in the success of my own business. If you require any additional information please contact me at any time. I look forward to hearing from you soon. Please stay in touch. Warm regards, Michelle Reich President Enclosure RECEIVEi; FEB - 6 2003 CITY CLERK 1993 2001 CITY OF DELRAY BEACH BOARD MEMBER APPLICATION the inf'om~8on: 4. P~dpd Bu~ess Ad.ess: , ~ S~ ~p Code 5. Home Phone: Bu~ss Phone: ~ Ad&ss: ~ Phone: 6. ~e you s ~stered yom: ~ H so, wh=c ~ you 7. ~t ~4(s) ~e you ~es~cd ~ s~? Pl~s~ ~ o~cr ofp~f~ce: 5 I$~K ~ 8. ~st ~ Oq' Bo~ds~ch you ~ ~mdy sen~ or have p~ou~ s~: &i~se ~dude ~,~st ~)' r~ted pm~es~o~ ce~a~ons ~d ~c~ses ~ch you hold: ~ a~l Note: Tiffs application will remain on file in the City Clerk's Office for a l:l~il:~ff'pl~}m the date it was subrrfined It ...................... · · wm oe me sppae~m a re~pon~omty to emure tl~t a c'un~nt ~ppllca~on Ja on file. AU6 '1 ~ 2003 ANDREA ST. JAMES 1264 Audubon Blvd. Delrey Beach, FL PH: ~61-278-2008 CELt.: $$1.~'~42-4610 E-Mall: BaIHarbour~Qaol.com Objective: To use all of the special writing, public relations, publicity and management skills I possess in an executive level public relations / publicity capacity. Special Skille: Writing, Event management, publicity, & public relations skills. WORK EXPEI~IF~NCE 2000- 2002 1998-1999 lgg? - 1998 !~FORMATIONTELEVlSION NETWORK-BocaRa~n--Dlmctor, Public lTV is a conglomerate of several production companies O'TV, MeTV, ~ Digital) who produce Gracie, Freddie & Tally award winning television programs aired over several national networks. Write & service press releases, meet with various industry reps, pitch stories to publications for publicity and scan & distribute industry media stories fi'om myriad publications. Write ad copy, secure film locations throughout the U.S. for ' video productions. Pitch & barter show ad placement in national publications (over $600K in one year). Lead division directors & managers in bi-weekly meetings. Personal credits include: Winner:. 2000 Time Inc Health Freddie Award; Winner: (2) 200t Time Inc. Health Freddie Awarde; Winner: 2001 Addy Awards (2); Winner. 2001 ASCRS National Media Award; Judge: 2001 Aurora Awards. Member, National Academy of Television Arts & Sciences. Commodore Aviation, Inc. - Miami - PR & Technical Admlniatmtor Commodore Aviation, Inc. is a subsidiary of Israel Aircraff/Bedek in Tel Aviv and provides heaw maintenance for the aircraft of governments and major commercial carders. I administered technical services as well as wrote speeches, wrote & serviced press releases, oversaw large events, photography and brochure production. The Fontainebleau Hilton - Miami - Leiaura Travel Marketing At this wodd renowned resort hotel, I worked in international marketing within the area of Leisure Travel. Reporting to the Director and two sales managers, I determined what should go into their sales kits for international mass mailings, wrote marketing letters to sell the resort and edited press releases. t995 - t996 t989-t993 t685-1989 CRA Managed Care, Inc, - Richmond, Virginia. Office Manager This national vocational rehabilitation corporation services the major insurance carriers of the continental US, Hawaii and Canada. It provides vocational rehab services to those people injured on the job or who have experienced a catastrophic illness or injury. As office manager reporting to the Regional Manager, I hired, trained and oversaw clerical staff, controlled the timely receipt and distribution of medical reports, edited written reports and controlled billing, I also wrote marketing latters end maintained contact and cormspondenca w~ clients and attorneys. Twentieth Century Fox - Lo~ Angelee - Exec. TV Publicity A~alatant Reporting to the Director and frequently, the President, duties for one of the largest entertainment corporations in the world included heavy liaison with stars and major media representatives. This included initial oversight of an approximate $1.5 million annual television publicity budget, oversight of print advertising and large media events. Also included writing, editing and servicing press releases; creating, editing and updating press kit materials; evaluating scripts in progress; national/international press distribution; attendance to and facilitation of stars' interviews and major media functions; handling studio fan mail and interacting with vadous other departments, producers and publicity agencies to promote publicity on vaded series and stars, including EMMY winner L.A. Law. Set up and facilitated many of Twentieth Television's high-visibility functions including the yearly EMMY pan'y at Spago, the annual executive/producer/writer introduction event and th various 100 episode parties for our successful sedes. Was asked to accept an award for L.A. Law. Ogilvy & Matherrrhe Ogilvy Group - Lo~ Angeles - Office Manager Began at this internationally successful advertising agency in Richmond, Virginia at then-affiliate, The Martin Agency, and wes transferred to The Ogilvy Group in Los Angeles in 1988. Reporting to the Chairman and President, duties included acting as liaison with clients and creative teams, confidential work in the corporate day-to-day experience, research projects on an assignment basis, oversight of clerical staff and assistance with high profile media events. Also was contributing editor of company newsletter. COMMUNITY SERVICE National Neurofibromatosis Foundation (NF) Los Angeles Business Volunteers for the Arts (BVA) Richmond School for the Performing Arts (SPARC) Richmond Stop Child Abuse Now (SCAN) President Reagan 1979 Campaign (Southeast Tour) · Public Relations Chairperson Public Relations Consultant Public Relations Consultant Public Relations Consultant Touring Public Relations Asst. DELRSY BESCH CRA BELRAY BERCH CRA CiTY OF DEI..I~LY B~llcH BOARD MEII4BER A~PMCATION 1993 2001 or ~ ............... Home Ad~s: ~ ~ ~ -----~ It ~ bc fl~c a,~oliain¢$ ta:ipoo~ib~iry to era,ac thit l o'''~--~ ~- o~ is on fil RECEIVED JUN 1 6 ZOOl ciTY CLERK DELRRY BERCH CRR 56127B8558 p.~ Jun 1S 04 10: lla Herman Stevens, Jr. 75 Southwest Fifth Avenue Delray Beach. Florida 33444 Telephone: (561) 278-1988 EDUCATION: Mercer University Macon, GA Southern University Baton Rouge, LA BA Political Science Juris Doctorate EMPLOYMENT: Prosent Feb. 1998-Jan. 2000 Jan, 1994-Feb, 1996 Law Office of Herman Stevens, Jr. 75 Southwest Fifth Avenue Delray Beach, Florida 33444 Assistant Public Defender Defense attorney for indigent clients, I handled misdemeanors, felonies and traffic crimes. Assistant State Attorney State Attorney's Office MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER~ AGENDA ITEM # ~O ]~. ORDINANCE NO. 14-04 DA'I'E: JUNE 18, 2004 - REGULAR MEETING OF JUNE 22, 2004 This is second reading and second public hearing for Ordinance No. 14-04 mending the Land Development Regulations by repealing Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program", and Section 4.6.7 "Signs" and enacting a new single Section 4.6.7 "Signs", and amending Appendix "A", to update the definitions, to provide a single cohesive ordinance regulating signs and sign pennits. At the first reading on June 8, 2004 the Commission passed Ordinance No. 14-04. Recommend approval of Ordinance No. 14-04 on second and final reading. S:\City Clerk\agenda memos.Ord 14.04.Sign Code.06.2Z04 [ITY OF DELRrI',' BErI[H CITY ATTORNEY'S OFFICE 200 NW Ist AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 pe~t~Y. ~k~lca City TO: FROM: SUBJECT: MEMORANDUM May 20, 2004 City Commission David Harden, City Manager Terrill Pyburn, Assistant City Attorney Si.qn Code Ordinance No. 14-04 Writer's Direct Line: 561/243-7090 Attached is an ordinance proposing to repeal Sections 2.4.6(D), "Permits for Individual Signs" and (E), "Permits for Master Sign Program" and Section 4.6.7, "Signs" and enacting a new single Section 4.6.7, "Signs", in order to provide a single cohesive ordinance regulating signs and sign permits. The attached ordinance also includes amendments to Appendix "A" in order to update the definitions related to signs and sign structures. Most of Section 4.6.7 has been re-organized rather than replaced in order to make the "sign code" more user friendly. Aside from the obvious consolidation o[ the ordinance pertaining to signs, provisions have been updated in order to ensure compliance with new legislation regarding First Amendment issues involving both commercial and non-commercial speech. Also, some new categories of signs have been added including, special event signs, valet parking signs, and temporary signs in order to clarify and codify regulations that were already being applied within the City. New definitions have been added to Appendix "A" of the Land Development Regulations regarding animated signs, awning signs, construction/development signs, gasoline pricing signs, height of signs, marquee signs, menu board signs, monument signs, nameplate signs, pole signs, political signs, portable signs, projecting signs, roadway banner signs, snipe signs, subdivision entrance signs, temporary signs, under-canopy signs, unlawful signs, wall signs, wayfinder signs and wind signs. These new definitions were added in order to better define the terminology used in the sign code. Some old definitions were also changed in order to clarify the intended meanings of various provisions within the sign code itself. WAYFINDER SIGN: An off-premise si.qn desi,qned to quide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of .qeneral benefit to the community. WIND SIGN: A siqn consistin.q of one or more banners, pennants, ribbons, spinners, streamers, balloons, or other obiects or material fastened in such a manner as to move upon beinq subiected to pressure by wind. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such division shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. By adopting this ordinance, the City Commission intends that each part shall be separate from one another and any part declared to be invalid or unconstitutional shall not effect the validity of any remaining portions of the ordinance. Section 5. repealed. That all ordinances in conflict herewith be, and the same are hereby 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 ,2004. ATTEST: MAYOR City Clerk First Reading: Second Reading: 33 ORD NO. 14-04 May20,2004 Page 2 Finally, also attached is a proposed policy containing language allowing temporary portable signs in the public right-of-way during periods of major construction/redevelopment. Please place the ordinance and the corresponding policy on .the June 8, 2004 City Commission agenda for first public hearing. Thank you. TCP:smk Attachments CC: Barbara Garito, City Clerk Lula Butler, Director of Community Improvement Janet Meeks, Education Coordinator ORDINANCE NO. 14-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, AMENDING CHAPTER TWO, "ADMINISTRATIVE PROVISIONS", BY REPEALING SECTIONS 2.4.6(D) AND (E) IN THEIR ENTIRETY; AMENDING APPENDIX "A", BY AMENDING ALL DEFINITIONS RELATING TO SIGNS AND ENACTING SOME NEW DEFINITIONS RELATING TO SIGNS; AMENDING CHAPTER FOUR, "ZONING REGULATIONS", BY REPEALING SECTION 4.6.7, "SIGNS", IN ITS ENTIRETY AND ENACTING A NEW SECTION 4.6.7, "SIGNS", IN ORDER TO PROVIDE A SINGLE, COMBINED AND UPDATED SIGN CODE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has the authority to protect the public health, safety and welfare of its citizens; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to establish reasonable regulations for the posting of signs on public and private property in order to prevent safety hazards and protect property values; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to provide consistent sign regulations governing places of worship to avoid making existing signs nonconforming and based on allowed secular criteria as permitted by the Religious Freedom Restoration Act; and WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined it to be in the public's best interest to have a single, combined and updated sign ordinance in order to ensure fair and consistent enforcement of sign regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter Two, "Administrative Provisions", Sections 2.4.6(D) and (E) be repealed in their entirety. Section 2. That Chapter Four, "Zoning Regulations", Section 4.6.7, "Signs", be repealed in its entirety and a new Section 4.6.7, "Signs" is hereby enacted to read as follows: Section 4.6.7 Si;Ins (A) Purpose: The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; to foster the integration of signage with architectural and landscape designs; to streamline the approval process by requiring master signage plans; and to enable the fair and consistent enforcement of these sign regulations. (1) Communication: Signs should not deny other persons or groups the use of sight lines on public rights-of-way, should not obscure important public messages, and should not overwhelm readers with too many messages. Signs can and should help individuals to identify and understand the jurisdiction and the character of its sub-areas. (2) Preservation of Community's Beauty: The City of Delray Beach which includes a beach resort community as well as major office and industrial parks relies heavily on its natural surroundings and beautification efforts to retain its economic advantage. This concern is reflected by actively regulating the appearance and design of signs. (3) Property Value Protection: Signs should not create a nuisance to the occupancy or use of other properties as a result of their size, height, brightness, or movement. They should be in harmony with buildings, the neighborhood, and other conforming signs in the area. (B) Applicability: It shall be unlawful for any persons to post, display, change, or erect a nonexempt sign or a sign structure, that requires a permit, without first having obtained a permit therefor. Signs or sign structures erected without a valid permit shall be deemed in violation and it shall be mandatory to obtain a permit, based on this Section, or else remove the sign or sign structure. Signs erected, under a valid permit, prior to the effective date of this ordinance, which have since become nonconforming shall be allowed to remain in accordance with the time limitation and structure requirements set forth in these LDR's. All signs not expressly allowed by these LDR's are prohibited. (C) Procedures. (1) Issuance of Permits, Validity and Renewal: Permit applications shall be reviewed by the Chief Building Official or his/her designee within thirty (30) days of submission of the permit application. Upon satisfactory compliance with the minimum 2 ORD NO. 14-04 submission requirements of the LDRs and a determination that the proposed sign meets all applicable standards set forth in the LDRs, the Chief Building Official, or his/her designee, shall cause a sign permit to be issued to the applicant. The permit shall be valid for a period of 180 days during which period the sign may be erected; however, the Chief Building Official, or his/her designee, for good cause shown and upon payment of 50% of the original application fee, may renew the permit for an additional 90 day increment provided that there have not been enacted, in the 180 day period, standards of which the permit would be in violation. (2) Permits for Individual Signs: Permits for signs shall be on a form as promulgated by the Chief Building Official. (a) Minimum Submission Requirements: The application form and associated submission materials shall include the following: The type of sign and/or sign structure as set forth in the LDRs. The street address of the property upon which the sign and/or sign structure is to be located along with identification of where on said property the sign will be located. If there is no street address another suitable method of identifying the location shall be provided. The area per sign face and the aggregate area of the sign and/or sign structure. The name and address of the owner or other person in control or possession of the real property upon which the sign or sign structure is to be located. Wdtten consent of the owner, or his designated agent, granting permission for the construction, operation, maintenance, or displaying of the sign and/or sign structure. Two copies of a blueprint, sketch, blue line print, or similar presentation, drawn to scale and dimensioned, showing elevations of the sign as proposed and its relationship to other existing or proposed signs or sign structures in the area. In the case of a free-standing sign, the representation shall include a sketch site plan showing the location of the sign. 3 ORD NO. 14-04 Appropriate exhibits showing the proposed location of the sign with respect to nearby structures and vegetation. The seal of a state registered engineer or architect shall be affixed to drawings of signs and/or sign structures where the sign face is in excess of thirty-two square feet (32 sq.ft.) certifying that it is designed in accordance with wind load requirements of the Florida Building Code. A sign contractor shall provide a signed certificate stating that wind loading to withstand a pressure of fifty (50) pounds per square foot when an application for signs less than or equal to 32 square feet in area is submitted. (D) Aesthetic Qualifications: (1) Applicability: The following subsection describes basic aesthetic qualifications which apply to signs. (2) Basis: The aesthetic quality of a building, or of an entire neighborhood, is materially affected by achieving visual harmony of the sign on or about a structure as it relates to the architecture or the building or the adjacent surroundings. In addition to the limitations on signs imposed in Subsections (G) and (K), the following aesthetic considerations must be met. (a) Garishness: The overall effect of the lettering, configuration or color of a sign shall not be garish. "Garish" signs are those that are too bright or gaudy, showy, glaring, and/or cheaply brilliant or involving excessive ornamentation. Garish signs are not in harmony with and are not compatible with the building or adjacent surroundings. (b) Scale and Conformity with Surroundings: The scale of the sign in terms of area, shall be consistent with the scale of the building on which it is to be placed or painted and the neighborhood or streetscape where it is to be located. Scale shall also be considered in terms of Subsection (F)(2) with respect to height and area. (c) Quality: All signs shall have a professional appearance that enhances the visual aesthetics of the area. 4 ORD NO. 14-04 (E) Signs Requiring Permits: (1) General: All signs, other than those exempted by Subsection (H) or prohibited by Subsection (I), must obtain a sign permit. Applications for sign permits shall be submitted and processed pursuant to these LDRs. Sign permits shall be issued by the Sign Administrator under the direction of the Chief Building Official for the following: (a) Master and Blanket Sign Program Signs: Individual signs being permitted under the provisions of an approved Master Sign Program or Blanket Program. (b) Signs Meeting Standards: Individual signs which conform in all respects to the provisions of Subsection (F) and (K) of this Section. (c) of Subsection (E) (3). Special Purpose Signs: Which comply with the raquiraments (2) Master Sign and Blanket Sign Programs: (a) Blanket Sign Program: A Blanket Sign Program may be required for a commercial property establishing the font, color, size and locations of signs on a multiple tenant building. A Blanket Sign Program shall be approved by the Site Plan Review and Appearance Board or the Historic Preservation Board if the project is in a historic district or historically designated site. After approval of a Blanket Sign Program, individual signs consistent therewith shall be administratively approved. (b) Master Sign Program: A Master Sign Program is to be used when the development of a project is of such a scale or character that the normal application of the design and/or aesthetic standards of Subsections (D) and (F), respectively, will not result in an effective sign program and signing more permissive than said standards is necessary. Approval of a Master Sign Program may include the automatic granting of waivers and/or adjustments to the provisions of Subsections (D) and (F) provided that the intent of the sign code is maintained and the character of the community and neighborhood is not diminished. A Master Sign Program shall be approved by the Site Plan Review and Appearance Board or if the project is in a historic district or historically designated site, by the Historic Preservation Board. After approval of a Master Sign Program, individual signs consistent therewith shall be administratively approved. (c) Nothing contained herein shall prevent diversity and creativity of individual signs in the Master Sign Program. 5 ORD NO. 14-04 (3) Special Purpose Signs and Signing: Permits for the following signs may be issued administratively provided that the provisions contained herein are complied with. (a) Directional Signs for Churches, Civic, or Recreational Facilities: General directional signs for civic, church, or recreational facilities up to a maximum of four (4) shall be allowed in the City street rights-of-way subject to the approval of the City Engineer and/or his/her designee. The number of directional signs permitted for each qualifying applicant shall depend upon the location and need of the traveling public. The dimensions of the directional signs shall be no greater than eight (8) inches by thirty (30) inches per sign. The signs must be designed and installed in accordance with these LDRs. A permit to work in the right-of- way must be obtained by the City Engineer or his/her designee. (b) Gasoline Pricing Signs: Signs may advertise the price of gasoline subject to the following restrictions: Not more than twelve square feet (12 sq.ft.) per sign face. If free standing, it shall not exceed five feet (5') in sign height. If a part of a permanent free standing sign, the price sign shall be included in the area of the permanent sign. One sign is permitted per frontage with a maximum of two signs per site. Signs placed on pumps shall not exceed three square feet (3 sq.ft.) per sign face nor a total of six square feet (6 sq.ft.) per sign. (c) Grand Opening Banner: One banner may be placed on the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The banner shall not exceed an area of fifty square feet (50 sq.ft.), 6 ORD NO. 14-04 The banner may not be more than fdteen feet (15)' above the grade, and must be placed on the building of the business, in the front of the business. 4. Banners shall be made of color fast material. (d) Grand Opening Portable Signs: Portable signs shall only be allowed within the Central Business District (CBD). In addition to a Grand Opening Banner, one Portable Sign may be placed directly in front of the building of a newly opened business pursuant to the following: 1. Display is limited to four (4) weeks. The portable sign frame structure shall not exceed 2' x 4' in area with the sign face area not to exceed 2' x 3'. A permit sticker must be obtained and cleady displayed on the Portable Sign frame. A portable sign placed on the sidewalk must be located in such a manner that it does not impede the five foot (5') pathway parallel to the street for through pedestrian traffic. If placed on that portion of the sidewalk that is located within a public right-of-way, a hold harmless agreement in a form acceptable to the City Attorney shall be provided. (e) Historic Signing: Signs which are building mounted or free- standing which provide information of historic value. Said signing shall not exceed six feet (6') above grade when free-standing and shall not exceed three square feet (3 sq.ft.) in area in any circumstance. Such signing shall not be permitted until approval has been gained from the Historic Preservation Board. 1. Maintenance of Nonconforming Nostalgic Signs: (i) Signs that have an historic or nostalgic appeal, and constitute artistic expression, and not solety advertising may be exempted from the removal requirements if a recommendation by the Historic 7 ORD NO. 14-04 Preservation Board is approved by the City Commission. (ii) An owner of property on which an existing nonconforming sign is located may request the Historic Preservation Board to recommend to the City Commission that the existing nonconforming sign be designated as a "nostalgic sign." In considering whether to recommend that the existing nonconforming sign be designated as nostalgic, the Historic Preservation Board shall consider the sign's value as a part of the historical, cultural, aesthetic, and architectural heritage of the city, state, or nation. The Historic Preservation Board shall review the criteria contained in Section 4.5.1, of the Land Development regulations prior to making its recommendation. (iv) Any existing nonconforming sign designated as a nostalgic sign must be maintained in good condition. If at any time the sign becomes unsightly, or becomes a danger to the public health, safety, or welfare, the City Commission, following notification to the owner, may remove the nostalgic designation and set a date by which time the sign must be removed. (f) Menu Board Signs: Signs used by businesses to advertise prices of items in conjunction with service at a drive-thru window, such as fast-food restaurants, may be permitted as long as the size of the menu board does not exceed seven feet (7') in height, nor twenty four square feet (24 sq.ft.) in size. (g) Murals and Signs Within Murals: A large painting or drawing affixed to the wall of a building located in commercially zoned districts shall be subject to approval by the Site Plan Review and Appearance Board or the Historic Preservation Board. The mural shall not directly represent or constitute advertisement of the goods, products, or services provided on site. If any portion of the mural includes identification of the establishment or the goods, products, or services provided on site, only that portion of the mural which specifies such information shall have its area included in the calculation of the sign area. 8 ORD NO. 14-04 (h) Non-Residential Real Estate Signs: A permit may be granted to allow for the placement of one non-illuminated freestanding real estate sign advertising "For Sale", "For Rent", or "For Lease" and may identify the seller or agent along each street frontage, including those located within a historic district. Non-residential Real Estate Signs shall not exceed thirty-two square feet (32 sq.ft.), and shall be limited to seven feet (7') in height. Within a non-residential property located in a Historic District, real estate signs shall not exceed sixteen square feet (16 sq.ft.), and shall be limited to seven feet (7') in height. (i) Parking Area Signs: Parking area signs, as specified herein, provided the sign contains no more than the name of the building or development and the words, "Entrance", "Exit", "Parking for...", or "Entrance for..." or their equivalent, may be erected at each point of ingress and egress to a parking lot or parking area, and the signs shall not exceed four square feet (4 sq.ft.) in area nor extend to a greater height than five feet (5') above the ground, and shall be erected within the parking area. Only one sign shall be allowed at each point of ingress and egress, provided the signs do not create a traffic or pedestrian hazard. (j) Special Event Non-Roadway Banner Signing: Special signing, in accordance with this Subsection, may be allowed by the Chief Building Official or his/her designee, for special events if it is determined that the sign type meets the following criteria: the sign provides notice to the public of a public meeting or other public event, 2. the sign is temporary and for a limited time, and the sign, if allowed for a limited time, will meet the following criteria: (i) the sign will not conceal or obstruct adjacent land uses or signs, 9 ORD NO. 14-04 (k) (ii) the sign will not conflict with the principal permitted use of the site or adjoining sites, (iii) the sign will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and (iv) the sign will be installed and maintained in a safe manner. The approval, or disapproval, of such sign shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such sign. The Chief Building Official or his/her designee shall render a decision within fourteen (14) days after an application is made for utilizing this sign type for a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Manager. Each sign limited to less than twenty square feet (20 sq.ft.) in area; Allowed fourteen (14) days pdor to the event and must be removed by the second day after the event. Special Event Roadway Banner Signing: Roadway Banner Signs: may be approved and issued by the Sign Administrator under the direction of the Director of Community Improvement, for special events for City or City co-sponsored events. Such signing shall be subject to the following standards: (i) The Roadway Banner Sign must be no more than three feet (3') in height by twenty-four feet (24') in length, and placed at least fifteen feet (15') above the surface of the roadway on City installed poles. The Roadway Banner sign must be constructed with a standard vinyl awning material and meet wind load requirements. 10 ORD NO. 14-04 (ii) The text of a roadway banner shall be limited to the name of the special event, the date or dates of the event and the name or logo of the City and the name or logo of the association or organization co-sponsoring the event. (iii) Display of the Roadway Banner Sign will be limited to a maximum of fourteen (14) days prior to the event and must be removed by no later than two (2) days after the event. (iv) Roadway Banner Signs will only be allowed to be displayed at the following intersections within the City limits and on City installed poles NE 1st Avenue and East Atlantic Avenue; and Pineapple Grove Way and East Atlantic Avenue within the amh area. (I) Subdivision Entrance Signs: Residential subdivision entrance signs shall be subject to the following standards: Such signs may be either one double faced sign or two signs where there are two walls at the entrance and where the signs are permanently affixed to the walls at each entrance of the subdivision; o Each sign area shall be no greater than thirty-six square feet (36 sq.ft.) in area; Such subdivision entrance signs are permitted within all residential zoning districts; Such subdivision entrance signs may be erected within rights-of-way or median strips adjacent to the subdivision if approved by the City. A subdivision sign may also be located within the setbacks of private property within the subdivision or adjacent to the subdivision or adjacent to the subdivision within the guidelines set forth in 4.6.7(F)(3), if such sign was in existence as of July 1, 1988. 11 ORD NO. 14-04 Any such sign erected within a right-of-way or setback shall be at least ten feet (10') from a paved roadway and signs located within a median shall be at least five feet (5') from any paved roadway; Any such signs approved for location within the right-of- way or median, if such right-of-way or median is not within the jurisdiction of the City, shall obtain written permission from the governmental entity controlling the right-of-way or median to erect the sign in a requested and approved location; Any signs proposed to be located on adjacent private property shall be approved and permitted by the owners of the adjacent property. Any such signs lying on private property shall be considered an additional permitted sign without regard to other applicable sections of this code; and All signs proposed to be located within a right-of-way or median shall be reviewed and approved by the City Engineer or appointed designee for compliance with this section. (m) Temporary Business Identification Sign: A temporary Business Identification Sign shall be allowed to be placed on the building fac.~,ade once a sign application has been submitted and shall be removed within sixty (60) days from date of sign permit application. (n) Temporary Construction/Development Signs: New construction, renovation work or temporary development signs shall be subject to the following standards: Freestanding Sign: One sign per street frontage, non- illuminated, with a sign area of not more than thirty-two square feet (32 sq.ft.), nor more than seven feet (7') in height. Sign Located on a Building: One sign per building frontage, non-illuminated with a sign area of not more than thirty-two square feet (32 sq.ft.). 12 ORD NO. 14-04 The sign may be installed at the time of submission of a building permit application. It must be removed upon expiration of building permit or building permit application or when the project obtains a Certificate of Occupancy. (o) Valet Parking Signs: Signs for Valet Parking shall be allowed subject to the following restrictions: One pole mounted sign per approved Valet Queue, which may identify Valet Parking, the name of the business(es), rates, and the hours of operation. Valet Parking signs shall be manufactured and installed by the City. The sign area shall not exceed six square feet in area. Such sign shall be pole mounted and inserted in a ground sleeve. The location of such sign shall be determined by the City. The sign must be removed and stored inside the business daily during business hours when the approved valet queue is not in use. Traffic control cones may be used for queuing purposes, however they shall not contain any additional signage or markings. (F) Sign Design Standards: The following subsections describe basic standards which apply to signs. The application of these standards to specific types of signs and their location in specific zone districts is set forth in a matrix contained in Subsection (F)(7). (1) Types of Signs: (a) Free-Standing Sign: A free-standing sign is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole sign or a monument sign. All signs erected on a pole shall contain a pole cover. All freestanding signs shall contain the street number. 13 ORD NO. 14-04 (b) Projecting Sign: A sign affixed to a structure and which extends at a right angle from the building. A projecting sign shall not have more than two (2) sign faces. (c) Under Canopy Sign: A sign hung from a canopy or roof of a walkway. It may be rigid or it may swing. Such a sign may not have more than two (2) sign faces. (d) Wall Sign: A wail sign may be flush mounted Dr hand painted. Such a sign may be applied to a canopy/awning, mansard, or building face. : A NEX (2) Sign Area and Height: (a) Basis for Measurement: The area in square feet or square inches allowed for each sign face. The sign face includes any background material, panel, trim, color, and direct or self-illumination used that differentiates the sign from the building, structure, backdrop surface, or object upon which, or against which, it is placed. When there is no such differentiation, the sign face shall be a rectangle just large enough to enclose all lettering, illustrations, ornamentation, symbols, or Iogos. A sign structure shall not be computed in sign area provided that no message, symbol, or any of the aforementioned are displayed on, or designed as part of, the sign structure. (b) Height: The vertical distance measured from the highest point of the sign to the grade at the base of the sign. 14 ORD NO. 14-04 (3) Setback Requirements: (a) Basic Setback Determinants: The setback for a free standing sign shall be ten feet (10') from the ultimate right-of-way line unless there is a special setback or special landscape area designated for the street pursuant to Section 4.3.4(H)(6). The setback is measured from the closest portion of the sign to the right-of- way. Projecting signs, canopy signs, and wall signs may extend into standard and special setback areas. No signs shall extend into a right-of-way. (b) Allowed Partially in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located partially within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); The sign area is a maximum of forty square feet (40 sq.ft.); The sign area for that portion of the sign within the setback area is not greater than twenty square feet (20 sq.ft.). (c) Allowed Totally in Standard Setback: When considered as a part of a site plan approval, or modification to a site plan, a sign may be located totally within the ten foot (10') setback area provided that: 1. The sign height is not greater than seven feet (7'); 2. The sign area is less than twenty square feet (20 sq.ft.); (d) Allowed in Special Setbacks: When considered as a part of a site plan approval, or modification to a site plan, pursuant to Section 4.3.4(H)(6), a sign may be located within a special setback area provided that: If the sign is to be located no less than ten feet (10') nor more than twenty feet (20') from the right-of-way, the sign height shall not exceed seven feet (7'), and the sign area shall not exceed forty square feet (40 sq. ft.). If the sign is to be located between twenty feet (20') to thirty feet (30') from the right-of-way, the sign height 15 ORD NO. 14-04 specifically shall not exceed fourteen feet (14'), and the sign area shall not exceed ninety-six square feet (96 sq. ft.). (4) Safety and Location Requirements. (a) Location. Agreement Required: Whenever a sign requires a permit and is allowed within a setback area, easement, or right-of-way, the person erecting the sign shall be required to execute an agreement, which shall be countersigned by the property owner, providing that it is the obligation of the owner of the sign and/or the property owner to relocate the sign at such time as the City determines that additional right-of-way or setback is required, or if conflicts occur with it being located in an easement. A performance bond, or acceptable substitute guarantee, may be required. Obstructions: A sign shall not be located in such a manner as to obscure another sign or to be obscured by an existing sign, a structure, or existing vegetation unless provisions are made for the removal of the obscuring sign, structure, or vegetation. (b) Safety. Safety Determination Required: Whenever consideration is given to locating a sign within a special setback or the standard ten foot (10') setback area, the granting body must determine that the location of the sign does not present a hazard to pedestrians or to vehicular traffic circulation. Traffic Safety: No sign shall be located in such a manner that it will become a hazard to automotive or pedestrian traffic nor shall any sign or lighting of a sign be so placed as to obstruct the vision of the ddver of any motor vehicle where vision is necessary for safety. (5) Illumination: Signs may be illuminated directly or indirectly unless prohibited elsewhere in these LDRs. In residential zoning districts, all 16 ORD NO. 14-04 illumination shall be cut off luminair so that the light is not directed toward adjacent residentially zoned property. (6) Design Prohibitions/Restrictions: (a) Intermittent Lighting or Animation: Shall not be accommodated on any sign except for time and/or temperature unit, or a traveling message sign which is a part of a sign permitted in commercial zone districts provided that such part of the sign shall not exceed twenty-five square feet 25 sq.ft, in area. (b) Moving or Rotating Signs: A sign shall not involve motion or rotation of any part of a sign structure or display. (c) Noise Producing Signs: A sign shall not produce noise or sounds. (d) Obscene Signage: A sign shall not exhibit thereon any lewd, lascivious, or obscene, character, or illustration. (e) Restrictions as to Functions: The use of a sign may be restricted to functions as set forth in Subsection (F) (7) (Matrix) under the column of "type of sign". (f) Smoke or Odor Producing Signs: A sign shall not produce or emit smoke, vapor, particles, or odor. (7) Design Standards Matrix: The following matrix sets forth the standards for various types of signs when located in various zoning districts or defined by use. The standards set forth therein are subject to descriptions, interpretations, exceptions, and limitations as provided for elsewhere in these LDRs. 17 ORD NO. 14-04 4.6.7(F)(7) Si;In Development Standards Matrix RESIDENTIAL ZONE DISTRICTS SIGNING: (R-I DISTRICTS, PRD, RL, RM, RR AND AG DISTRICTS) wType;II of Sign Quantity Ama (max.) Location * Height Illumination Only one sign per 20 sq. lt. At least 10' ' I must be shielded lot or parcel from any property ne I I Free-stand n~l 20 sq. lt./face ISIGNING LOCATED IN CF, ALL HISTORIC DISTRICTS, OS ,OSR, OSSHAD AND RO Type of Sign Quantity Area (max.) Location * Height lllurnination Wall Not more than two per lot, 30 sq. ft. on building face Allowed parcel or development Projecting 30 sq. lt./face [mm building or under Allowed canopy Free-standing 30 sq. ff./face may be in the front 8' Allowed yard setback Under canopy 4 sq. flJface Under canopy Allowed SIGNING FOR CHURCHES, TEMPLES, MOSQUES, SYNAGOGUES, AND ~THER PLACES OF WORSHIP, REGARDLESS OF ZONE D STR CT Type of Sign Quantity Area (max.) Location * Height Illumination Wall one per building 10% of building face on building face Allowed not to exceed 120 sq. lt. Free-standing One I 1/2 sq. ft. perl0' 14' Allowed of frontage Free-standing one per additional use 20 sq. ft. 8' Allowed ISIGNING IN GC, AC, NC, PC, CBD, MIC, I, POD, POC AND LI ZONE DISTRICTS Type of Sign Quantity Area (max.) Location * Height Illumination one per business 15% of building face facing each dedicated Allowed (max. of 12' height, street frontage for computational purposes only, times the width) not to exceed 160 scI. lt. Wall one per building 9 sq. lt. on rear of building Allowed not facing street one per business 15% of building face (max. of facing 1-95 Allowed 12' height, for computation- ional puq;~oses only, times the width) not to exceed 160 Directory one per building 24 sq. fi. on building face Alloyed Projecting One 30 sq. lt. from building or under Allowed 3' from face of wati canopy Under canopy one per business 4 sq. ft. under a canopy which Allowed extends store front access Free-standing one per frontage *one at 1/2 sq. ft. of frontage 14' Allowed not to exceed 160 sq. ff. · each additional limited to 50 sq. ft. * Freestandlno slons must comolv with setback reouirements of Section 4.6.7{F)(3) 18 ORD NO. 14-04 (G) Non-Commercial Message: Notwithstanding anything contained in Section 4.6.7 "Signs", to the contrary, any sign erected pursuant to the provisions of this Code may, at the option of the applicant, contain either a non-commercial message unrelated to the business located on the premises where the sign is erected or a commercial message related to the business and located on the business premises. The non-commercial message may occupy the entire sign face or portion thereof. The sign face may be changed from commeroial to non-commercial messages as frequently as desired by the owner of the sign, provided that the size and design criteria conform to the applicable portions of this section, the sign is allowed by this Code, the sign conforms to the requirements of the zoning designation and the appropriate permits are obtained. For the purposes of Section 4.6.7, non-commeroial messages, by their very nature, shall never be deemed off-premises. (H) Exempt Signs: The following signs are allowed to be erected in the City of Delray Beach, pursuant to the limitations set forth herein, and do not require a permit: (1) Automated Teller Machine (ATM) Panels: One panel which is physically constructed within and is an integral part of an ATM, and bears the name of the ATM system to which it belongs. (2) Directional Signs: Such signs shall not extend more than five feet (5') from the ground and shall not be greater than four square feet (4 sq.ft.) in area. (3) Flags: (a) Flags may be displayed on any residential or non-residential parcel of land in accordance with the following rules: A Flag is a piece of cloth usually attached at one edge to a staff or cord, and used as the symbol of a nation, state, municipality or service or civil organization. No more than three (3) flags may be placed upon any parcel or development less than one acre in size which is zoned and used for non-residential purposes. For parcels or developments equal to or greater than one acre in area that are zoned and used for non- residential purposes, no more than one flag per 15,000 square feet of lot area shall be allowed. 19 ORD NO. 14-04 (b) Two (2) flags may be flown at a time when model homes or model apartments are open for inspection. (c) Flags of service or civil organizations may be displayed at respective meeting sites during meeting hours. (4) Hours of Operation Signs: Signs denoting hours of operation shall be non-illuminated; have a sign face of not more than one square foot (1 sq.ft.) and be located close to the entry of the business. (5) Instructional Signs: Instructional signs are signs which convey instructions with respect to the premises on which it is located, such as "no trespassing", a danger sign, and similar signs (other than parking signs). Such signs shall not extend more than five feet (5') from the ground and shall not be greater than three square feet (3 sq.ff.) in area. (6) Nameplates: One (1) nameplate sign per building, not exceeding three square feet (3 sq.ft.) in area, of a noncommercial nature, and bearing the name or street address of the principal occupant. (7) Non-Residential: (a) Non-Residential Window Signs. Plastic, neon, or painted signs may be placed upon windows when limited to 20% of the aggregate glass area, per tenant space or per main use. Paper signs displayed two feet (2') or more from the inside of the glass but which are visible from the outside shall be limited to 20% of the aggregate area, per tenant space. (8) Residential. (a) Residential Real Estate Signs: One sign per lot, the sign being not greater than three square feet (3 sq.ft.) in area on residentially zoned property; One additional sign per lot may be erected on a lot which borders a waterway and/or for corner lots provided that 20 ORD NO. 14-04 the additional sign is located along the waterways and/or placed so that there is only one (1) sign per street frontage. Such sign shall not exceed nine square feet (9 sq.ft.) in area; 3. All real estate signs shall be non-illuminated; The text of real estate signs shall be limited to the phrase "For Sale" or "For Lease" or "For Rent" or "Offered By" and may identify the seller or agent; An additional sign or "rider" sign, of not greater than three square feet (3 sq.ft.), may be attached to a real estate sign provided that its text is limited to the words such as "pool" or "open" or "sold" or "contract pending"; An additional "open house" sign of not more than three square feet (3 sq.ft.) in area may be displayed only on the day of the "open house". Non-residential real estate sign is exempt if the sign is not greater than sixteen square feet (16 sq.ft.) in area. (b) Other Residential Signs. One sign per lot, not to exceed three square feet (3 sq.ft.) in area on residentially zoned property. One sign per residence, not to exceed three square feet (3 sq.ft.). (c) Window signs. (9) Temporary Signs: (a) Temporary Political Signs Non-illuminated temporary political signs for each candidate and/or signs for, or against, an election issue may be placed on any pamel or lot. 21 ORD NO, 14-04 Each temporary political sign shall be removed within ten (10) days after the date of election or referendum. In the event that said signs are not removed prior to expiration of the ten (10) day period, the sign shall constitute an abandoned sign and the City shall send by certified mail, return receipt requested, to the addresses of the Owner of each property whereon the temporary political sign is located and Owner is listed on the current tax roll of the county, a notice of noncompliance stating that the City's Code Enforcement Board shall fine the property owner for each day of noncompliance if the sign is not removed with the ten (10) days after receipt of notice. No temporary political sign shall exceed twelve square feet (12 sq.ft.) per sign face in area on any private lot or parcel. Any temporary political sign in the public right-of-way cannot exceed three square feet (3 sq.ft). No temporary political sign shall be placed on any public property. Signs may not be placed in a location that constitutes a safety hazard or hindrance to pedestrian or vehicular traffic. (b) Other Temporary Signs. All temporary signs non-commercial in nature not addressed in this code, or otherwise prohibited, may be placed in the public right-of-way, but not on other public property, as long as they do not create a safety hazard or as long as they do not constitute visual blight for a period not to exceed three (3) days. (10) Tenant Panels: A change of a tenant panel in a directory sign, or a sign which accommodates a tenant, is exempt from needing a permit provided that the sign was permitted and there is no change in colors or letter style. (I) Exempt Signs Requiring City Manager Approval: (1) City Civic Signs: Signs for facilities located on City property, or within public right-of-way, and which are operated by the City, its licensees, agents, or contractors, or by other public purpose organizations of general benefit to the community 22 ORD NO. 14-04 may be exempt by order of the City Manager if it is determined that the sign type meets the following criteria: (a) the sign provides notice to the public of a public meeting or other public event, (b) the sign is temporary and for a limited time, and (c) the sign, if allowed for a limited time, will meet the following criteria: the signs will not conceal or obstruct adjacent land uses or signs, the signs will not conflict with the principal permitted use of the site or adjoining sites, the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and the signs will be installed and maintained in a safe manner. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (d) Each sign limited to less than twenty square feet (20 sq.ft.) in area; (e) AIIowed ten (10)dayspriortothe eventand mustbe ramoved by the second day afterthe event. (2) Wayfinder Signs: 23 ORD NO. 14-04 (a) the sign provides notice to the public of a public meeting or other public event, (b) An off-premise sign designed to guide or direct pedestrians or vehicular traffic and it also may include kiosks that provide information of general benefit to the community, and (c) the sign, if allowed for a limited time, will meet the following criteria: the signs will not conceal or obstruct adjacent land uses or signs, the signs will not conflict with the principal permitted use of the site or adjoining sites, the signs will not interfere with, obstruct vision of or distract motorists, bicyclists or pedestrians, and the signs will be installed and maintained in a safe manner. The approval, or disapproval, of such signs shall not be based on the content of the message contained (i.e., the viewpoint expressed) on such signs. The City Manager or his/her designee shall render a decision within ten (10) days after an application is made for utilizing this sign type at a special event. Such a decision shall be deemed an administrative interpretation and any person adversely affected has the right to appeal the decision to the City Commission. (J) Prohibited Signs: The following signs, or sign features, are prohibited within the City of Delray Beach; however, exceptions as noted herein are allowed. It shall be unlawful for any persons to erect prohibited signs or use prohibited sign features. Further, any sign not provided for, or expressly permitted by these LDRs is also prohibited. (1) Banners and Wind Signs: (a) Banners: Prohibited except for special events wherein temporary Roadway Banners may be allowed as provided for in Section 4.6.7(E)(3)(k). Grand Opening banners may also be allowed as provided for in Section 4.6.7(E)(3)(c). 24 ORD NO. 14-04 (b) Wind Signs: Prohibited. (2) Off-Premise Signs: A sign, including building signs, that advertise an establishment, memhandise, service, or entertainment which is sold, produced, manufactured, or furnished at a place other than the property on which the sign is located, however, non-commercial messages shall never be off-premises. (3) Roof Signs: A sign erected on the roof, or above the roof line, or on the parapet. (4) Snipe Signs: Snipe signs are prohibited. (5) Traffic Confusion: A sign or other advertising matter erected at the intersection of any streets or in any street right-of-way in manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, a traffic signal, or traffic device; or which makes use of the words "stop", "look", "drive-in", "danger", or any other word, phrase, symbol, or character in a manner as to interfere with, mislead, or confuse vehicular traffic. (6) Vehicular Signs: Signs placed on vehicles or trailers that are parked in the street, public right-of-way or on private property for the primary purpose of displaying the sign for advertising a commercial enterprise. (7) Waterbourne Signs: No sign or advertising shall be displayed on a vessel plying the waterways, excluding, the identification of the vessel. (K) Structural Standards: In addition to provisions of the Standard Building Code and provisions of Chapter 7 of this Code, the following structural standards shall be required for all signs erected in the City. (1) Securing Signs: Wall signs shall be securely attached to the building or structure by means of metal anchors, bolts, or expansion screws. No wood blocks or anchorage with wood used in connection with screws or nails shall be considered proper anchorage, except in the case of wall signs attached to buildings or structures with walls of wood. No wall sign shall be entirely supported by an unbraced parapet wall. (2) Wind Loading: Every sign shall be constructed in a manner as to withstand 140 miles per hour wind. Sign contractors or the owner shall submit plans showing location, structural members, and design calculations for wind loading and for signs thirty-two square feet (32 sq.ft.) or over, a certification sealed by a state registered 25 ORD NO. 14-04 engineer or architect stating that the design will meet the requirements of this code shall be submitted. All sign contractprs shall sign a certificate stating wind loading will meet requirements of this chapter where signs under thirty-two square feet (32 sq.ft.) are submitted. (L) Removal of Signs: (1) Removal and Disposition of Non.Complying Signs: (a) It shall be unlawful to erect, use or maintain a sign or sign structure when it does not comply with the requirements of Section 4.6.7. The City is authorized to remove unlawful signs and sign structures pursuant to the provisions of Section 4.6.7. (b) following provisions: Unauthorized signs are subJect to removal pursuant to the 1. Temporary Signs. (i) The City finds that, in view of the inexpensive nature of these signs and the administrative burden which would be imposed by elaborate procedural prerequisites prior to removal, any procedure other than summary removal of these signs when unlawfully erected and maintained would defeat the purpose of regulating such signs. The City Manager is hereby authorized to remove such signs when unlawfully erected and maintained, subject to the provisions contained below. (ii) After removal of a sign pursuant to this section, a notice will be sent, either in person or by first- class postage, prepaid, to the occupant of the property from which the sign was removed, and if the sign identifies a party other than the occupant of the property, the party so identified. The notice shall advise that the sign has been removed and shall state that the sign may be retrieved within thirty (30) days of the date of the notice, and that, if the sign is not retrieved within thirty (30) days, it will be disposed of by the City. 26 ORD NO. 14-04 The City shall dispose of all unclaimed signs after the expiration of the thirty (30) day pedod. 2. Permanent Signs. (i) Signs and sign structures not subject to removal pursuant to (i) above which are or have been erected or maintained unlawfully, may be referred to the code enforcement board for appropriate action or the City may proceed to pursue all remedies available at law or equity to it to remove signs or sign structures which are or have been unlawfully erected or maintained. (2) Unsafe Signs: Notwithstanding the above previsions, any sign which is declared to be a dangerous sign shall be removed or made to conform with the currant building code immediately, upon notice, by the Chief Building Official. (M) Penalty: Section 10.99, "General Penalty" of the Code of Ordinances of the City of Delray Beach shall apply. (N) Procedure to Appeal Permit Denial. 1. Permit application may be denied for the following reasons: (a) The application for permit is not fully completed and executed; (b) The applicant has not tendered the required application fee with the application; (c) The application for permit contains a material falsehood or misrepresentation; (d) The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City. 2. If permit application was denied, it may be appealed to the City Manager and, if upheld, to the Circuit Court of Palm Beach County. Section 3. That Appendix "A" be amended as follows: 27 ORD NO. 14-04 cr ANIMATED SIGN: A sign which uses movement or chan,qe of li.qhting to depict action or to create a special effect or scene. AWNING SIGN: A tenant identification si.qn desi,qned as part of the awnin,q. BANNER: A temporary sign having the characters, letters, illustrations, or ornamentations applied to cloth, paper, or fabric of any kind with only the material for a backing. "Banner" shall not include any animated or fluttering devices designed to attract attention · py S' ' CANOPY SIGN: A s'.gn"~"~'~ ,..~ 4~...-~.~ .*~' ........ 'Oanc :gn i i~ ;.: -,=,, ~ ..... ~C~ .................. ~ ......... ~'~ ~ *~ ~;~ ~' *"~ ~";'~; ..... ";~"; .... ~' *"~ ~ncpy pedestrian oriented siqn which is suspended from, a~ached to, supposed from, or forms a par of a canopy. CHANGEABLE COPY SIGN: A sign cf ........ , ..~. .... ,~.. h,,* ,.,:*h ....... hl~ I~... .......... ~ ................... ~ ............................ ~ .......... ~ ........... 3 S:gR ~ on which a messaRe copy is chanRed throuRh moveable leEersl numbers, etc. CONSTRUCTION/DEVELOPMENT SIGN: A temporary si,qn identifyin,q an architect, contractor1 subcontractor, or developer on the property which is to be developed. DIRECTIONAL SIGN:~,~/~ ~_,, ..... ,.,~,,,,~:"" _incidental signs designed to guide or direct ~,..,....~. ,~.on'"~'~°~ri°"° or vehicular traffic /o~ o: ....... m~ cr .... :~ m, +~ ~:~ ...... ,,, *h~ ~mm 28 ORD NO. 14-04 DIRECTORY SIGN: A .... ~ ..... h;..h ,-,; .... ,. .............. ,~......* ,~. ......... ~,. ,.; ,~..~ c!gn. A si.qn listinq the tenant's names, locations, buildin.qs or .qroup of buildin.qs. FLAT WALL SIGN: A sign erected parallel to '~"'~ ;...... ~h~ ;.~.-.~.;....; .... ~.,.a.~;... the buildinq to which it is attached, and supported entirely by the fa;ade. FREESTANDING SIGN: A .~..,..~r....~ =igr, ,.,h;..~..-h.., ;,.,-h..~ ...... = ......... '+'"~ by h,,..~; .... ~..~. ;....h,.~....~...; ..... .~ ...... '~ ~;""~ A si.qn that is not affixed to any other structure and is limited to no more than two (2) faces. It may be either a pole siqn or monument si.qn. GASOLINE PRICING SIGN: A si.qn incorporated into a .qasoline station identity sign, for display of the price chancles. HEIGHT (OF A SIGN): The vertical distance measured from the hi.qhest point of the si.qn, to the ,qrade at the base of the si,qn. IDENTIFICATION SIGN: A sign, ............ g th T~.~ indicatin e name of the primary use: .... na,,"n,~ cr_..~,..~"'~'~ .... cf .. ~ ----,,-~.,,u, ~'' ';~'~; .... .., '~'.,,v ..... ,,~,,,v cf ILLUMINATED SIGN: A sign in ';:hlch 3 with an internal or external artificial liqht source ef 29 ORD NO. 14-04 MARQUEE SIGN: A sign attached to or supported by a marquee structure, which is a permanent roof-like structure or canopy extending from the fa(;:ade of the buildin,q. MENU BOARD SIGN: A changeable copy sign for displayinq a menu selection and pricing of the items for sale. MONUMENT SIGN: A freestanding Iow profile sign with the sign area at the top of a solid base. NAMEPLATE SIGN: A non-electric, on-premise identification siqn qivinq only the name, address and/or occupation of the occupants. NONCONFORMING SIGN, ~" ^ce ~, ^k,n ~-, ^~ 2' A clan or ~"~"~"="" ~*"'~* .... ~,~..,~, .... ,~-.,~. ,,'~; ...... -~, cr ~., _~._,_,~*-' '~*' '-~' cuppo~ did not~.-~-~., ~.,,, tc *h.,,~ ...... , ~.-"; ..... ~,. ,~. ,.~ ~.~ ~.,.~ ~ "';~' tc thc ~"~'~;"~ ~ cf +~;~ ~' ~" k .... ~. ~ ~ .... ~ ......~.~;.. 2; c~G~ ~h;. ~h~,~..k~,, ~ .... ~. ~ + .... a ...... ~'~;"" ~'~"" ~ A sign which was erected le~a y but no longer complies with the current si~n code regulations. OFF-PREMISE SIGN: A s n ........... = ........ = v,u ............... u ..................... ;, ,...:.h~,4 Ct" ''~ .... ,~.... ,h..,. advertising a business which is not located on the property cn,. ,t.,, ;~. ...... h where the sign is located. PAINTED WALL SIGN A sign "' .... ~ .... : ~---..'" ,-,; .-,~,,-I.,v_ '"'"v.. --.'"' .-,, ,.; ,-,..~.;,,1~_,..~ ,,,,~11..~... C." ."'"""'~w..,. C." C.". ~ ......... · h,,..~;,.., applied with paint or similar substance on the face of a wall. POLE SIGN: A freestanding sign that has the si.qn area at the top of a pole. 30 ORD NO. 14-04 POLITICAL SIGN: A temporary sign erected by a political candidate, or a proponent or opponent to a referendum, or qroup or aRent thereof for political purposes directed toward the ultimate exemise of voting by the qeneral public in connection with local, state or national elections. PORTABLE SIGN: Any sign desiqned to be easily moved, such as a sidewalk or sandwich boards sign, and is not permanently affixed to the ground or to a buildinR. PROJECTING SIGN: A siqn which is attached at a right angle to the outside wall of the building REAL ESTATE SIGN: Any =!g.". .............~..+"'~ by ..,. ......... ....,,... cr, ~';..v ..... -.ur, ..,* -.-"'~'""~°~""- ~, .,v,, ,u *~',. ,~ ......--,~ ..... · ~ .......... ~.~..~ *h~ o~,~. ~o ~..,-~*..,~ .~o ~ ..... + .... ~" temporary siqn advertising the real estate where the sign is placed, stating as being for sale, rent or lease. ROADWAY BANNER: A temporary sign that is constructed with a standard vinyl awninq material that drapes above the roadway, attached to City installed poles on both sides of the road. ROOF SIGN: A sign .... *'-'~ '-'- *~ .... ~ '-- ~- ....~ .... ~" ....... .................. , ......................... above the roof line or is located on the roof of the buildin.q structure. SIGN: Any device, structure or fixture using .qraphics, symbols or written copy desi.qned to advertise or identify an establishment, product, goods or services, cr ..... h~. h ...... I *~ *h ..... cf *h~ ~;.. ~.~ I. ~. ~*h~. ~; ...... * ..... * The sign ............. ~ ................... u .................................... _ area shall be the area of a re.angle enclosing all levering, illustrations, ornamentation and Iogos or ..... whmh form~ an integral paA of the display, or differentiates the display area from the background on which it is placed. 0 ......... · ~.~ . .+..~+ ....... =..~+ ~ ;..~,,a~a 31 ORD NO. 14-04 Fi. CE cf s:gn ' h....t.a ...... '~""" cr ..h;..~* ........ h;,-h .....;..+ ,.,h;.h it ;° "'"""'~ Thc sign~..°*"'"+__._, .... v SNIPE SIGN: The tackin.q, pastin,q or otherwise affixin,q of si.qns of a miscellaneous character to the wa s of buildin.qs, on poles, trees, fences or other structures. SUBDIVISION ENTRANCE SIGN: An entrance si,qn identifyinq the name of the subdivision or residential development. TEMPORARY SIGN: Any siqn erected for a limited time period. UNDER-CANOPY SIGN: A si.qn attached or suspended under the canopy or roof of a walkway. UNLAWFUL SIGN: A siqn which does not meet the requirements of this code and which has not received leqal nonconformin,q status. WALL SIGN: A si.qn painted or attached parallel to the outside of a buildin.q. 32 ORD NO. 14-04 TO: THRU: FROM SUBJECT: DAVID T. HARDEN CITY MANAGER ~ ~ PAUL DORLING ~'~ DIRECTOR OF PLANNING AND ZONING MEETING OF JULY 87 2004 - FIRST READING AND TRANSMITTAL OF COMPREHENSIVE PLAN AMENDMENT 2004-2 (04-2). The City Commission initiated Comprehensive Plan Amendment 04-2 on April 13, 2004. It is noted that there have been several changes to the contents of this amendment since its initiation. The privately initiated FLUM amendment for a portion of the Lighthouse property, located south of SW 1st Street, between SW 1st and SW 2® Avenues has been removed and will be processed separately as a small scale FLUM amendment. The City initiated FLUM amendment to consolidate and eliminate unnecessary FLUM designations will be accomplished by a text amendment and the City initiated FLUM amendment for the West Atlantic Avenue Overlay has been modified to exclude the parcel in front of the Tennis Center. An additional text amendment for a new Open Space and Recreation Element policy, regarding the establishment of an urban park at Old School Square has been added. The remaining items in the Plan Amendment consist of one (1) City initiated Future Land Use Map amendment, one (1) privately initiated Future Land Use Map amendment and a number of text changes, including those regarding increases in density in the Southwest Area Neighborhood Area and Comprehensive Plan requirements adopted by the Florida Legislature in 2002 for a new 10-year Water Supply Facilities Work Plan. Full analysis of each of the changes is contained in the attached Comprehensive Plan amendment and support documents. The Planning and Zoning Board held its public hearing regarding the amendment on May 17, 2004. During the 'Public Hearing, several residents made comments related to specific elements of the amendment. These related mainly to the proposed density increase for a portion of the Southwest Area Neighborhood. Residents were confused as to just how their properties were being affected. It was explained that the change was intended to implement recommendations in the community-prepared redevelopment plan for the area and that while the change would increase the maximum development potential of the properties if and when they should redevelop. The Board heard a presentation by Staff and the developer on the privately initiated FLUM amendment to accommodate the Cottages at Banyan Village project. Public testimony was provided both for and against the project. The overall concerns focused on issues related to the appropriateness of the higher density project surrounded primarily by single family development, the proposed project's affordability, and its consistency with the Southwest Area Neighborhood Redevelopment Plan. After discussion, the Planning and Zoning Board voted (3-1, Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Cottages of Banyan Village project. The Board voted (4-0 Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. By motion, omit the privately initiated FLUM amendment for the Cottages of Banyan Village and approve on first reading, Ordinance No. 29-04, adopting the remainder of Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. 1. Future Land Use Map Amendments a. City initiated Future Land Use Map amendment for property within the West Atlantic Overlay District from GO (General Commercial) to CC (Commercial Core). Privately initiated Future Land Use Map amendment for approximately 9 acres on the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density Residential 0-5 Units/Acre) to MD (Medium Density Residential 5~12 Units/Acre). The proposal is to accommodate the proposed Cottages at Banyan Village project. 2. Text Amendments Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element- Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes. Public Facilities Element - Revisions to consider the regional water supply plan and include a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; Conservation Element - Revisions addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect implementation of the new $24 Million Parks and Recreation Bond; Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; Public Schools Facilities Element - Elimination of the appendices; Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for "First FTE Student Count" to Definitions section · Amend Policy A-1.1 dealing with the LOS standard · Amend Policy A-3.1 dealing with intergovernmental coordination; and Open Space and Recreation Element - Add policy to establish an urban park at Old School Square Attachments: · Comprehensive Plan Amendment 04-2 ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT", FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243, INCLUSIVE; ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSIVE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTWE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Deb:ay Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which me it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Department of Community Affairs and no ORC (Objections, Recommendations & Comments) Report was issued; and WHEREAS, follow'rog due public notice, the second of two requLred public hearings on Comprehensive Plan Amendment 2004-2 was held on in accordance with statutory requkements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Deltay Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Govemment Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004- 2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Dekay Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 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 upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. ATFEST MAYOR Acting City Clerk First Reading Second Reading 3 ORD. NO. 29-04 CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing May 17, 2004 City Commission Transmittal Public Hearing June 8, 2004 Page 2 5 6 6 7 7 7 8 8 9 9 9 9 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ TEXT CHANGES - (CITY INITIATED) Description of the Medium Density FLUM designation, Future Land Use Element. Descriptions of Commemial Land Use FLUM designations, Future Land Use Element. Description of Rural Residential FLUM designation, Future Land Use Element. Table L-7 - Land Use Designation/Zoning Matrix, Future Land Use Element Description of Community Facility FLUM designation, Future Land Use Element. Map #17, intermodal Facilities, Transportation Element Policy D-3.1, Transportation Element (Transportation Surveys) Policy D-3.2, Transportation Element (TCEA - Transportation Management Association) Policy D-3.3, Transportation Element (TCEA - TDM) Policy D-3.5, Transportation Element (TCEA - Bicycle Facilities Policy D-3.6, Transportation Element (In-Town Shuttle) Policy D-3.8, Transportation Element (TCEA - Signage) Policy D-3.10, Transportation Element (TCEA - Sidewalks) Map #22, Residential Neighborhood Categorization Map, Housing Element 10 10 11 12 12 12 12 13 13 14 14 14 14 15 16 16 Objective B-5 and Policies B-5.1 to B.5.4, Public Facilities Element (10- Year Water Supply Facilities Work Plan) Policies B-1.1 and B-1.8, Conservation Element (FIND Parcel 650) Objective A-5 and Policy A-5.1, Conservation Element (Regional Water Supply) Policy A-2.14, Open Space & Recreation Element (Parks & Recreation Master Plan) Policy A-2.15, Open Space & Recreation Element (Old School Square Urban Park) Policy A-1.11, Intergovemmental Coordination Element (Regional Water Supply) Table CI-CIP, Table CI-ClP (5-Year Capital Improvements Schedule For Projects > $25,000), Capital Improvement Element Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule, Capital Improvement Element School District Map Series, Public Schools Facilities Element Public Schools Facilities Element Appendices Public Schools Facilities Element - Text changes to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule and the deleted Appendices. "First FTE Student Count" Definition, Public Schools Facilities Element Policy A-1.1, Public Schools Facilities Element (LOS standard) PolicyA-3.1, Public Schools Facilities Element (intergovernmental coordination) AMENDMENTS TO THE FUTURE LAND USE MAP - (PRIVATELY INITIATED) The Cottages at Banyan Village AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) West Atlantic Avenue Oveday District CITY OF DELRAY BEACH, FLORIDA CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwellinq units per acre, except within the portion of the Southwest Neiqhborhood Area Overlay District, between the commercial area alon,q West Atlantic Avenue and SW 2na Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subiect to Conditional Use approval and the recommendations and strate.qies outlined in the Southwest Area Neiqhborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This revision is being made to address recommendatiOns and strategies in the adopted Southwest Area Neighborhood Redevelopment Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Redevelopment Plan. (1) Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton Avenue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting .of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. An implementation strategy identified in the Southwest Area Neighborhood Redevelopment Plan is zoning and density bonuses as follows: By using its land use ordinance, the city can create value for a site by upgrading the land use or density a/lowed as well as by creating disincentives for development in competing areas. It is important to note, however that increased density might not translate into increased value if the market cannot support the size of the project. The City has currently utilizes this approach in zoning the north portions of the study area as mixed-use residential which allows for a mix of retail, commercial and residential. Within the Northwest Quadrant sub-area, a goal is to provide significant redevelopment which includes a variety of townhome choices to provide both ownership and rental opportunities for residents with a mix of incomes and lifestyles. The residential choices are to be dispersed throughout the northern portion of the neighborhood to provide transition between the higher density apartment buildings along SW 1st Street and the single family homes located primarily south of SW 2naStreet. During the development of the Neighborhood Plan, it was acknowledged that any potential increases in density (greater than the current maximum of 12 units per acre) would only occur for the area north of SW 2"d Street, which is currently zoned RM (Medium Density Residential) and allows multiple family development. This area serves as a transition from the higher intensity commercial area along West Atlantic Avenue and the single family zoned area south of SW 2nd Street. It is also acknowledged that incentives are needed to attract the redevelopment activity anticipated by the plan and accommodate the desired mix of housing. The increased density to a maximum of 24 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and (2) compliance with the recommendations and strategies of the Southwest Area Neighborhood Redevelopment Plan. See Location Map attached as Support Document #1. 2) Location: Pg. FL-42 to FL-43, Descriptions of Commercial Land Use FLUM designations. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. General Commercial: This designation is applied to land which is, or should be, developed for general commemial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to of 50% of the total floor area within the West Atlantic Redevelopment Area (GC Overlay), and up to 15% of the total floor area elsewhere in the City with a GC FLUM designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except within the West Atlantic Avenue Redevelopment Area Overlay where the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval and in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. [Revised by Amendment 00-1]; [Revised by Amendment 99-1] Change: REVISION COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. (3) A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may comprise up to 50% of the total floor areal within the West Atlantic Avenue Redevelopment Area. Aisc, within the West Atlantic Avenue Redevelopment Area, the density may exceed 12 units per acre, up to a maximum of 30 units per acre subiect to Conditional Use approval. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise ,,'- *c cf ~nOL ,,~ *hc *"*"' ~ .......... ~*~';.". *~'" W":* ........ lC D,,,~ .... ~ ..... * ^,,,., /~r. r~,,,,,~.,,.~ 3nd up to 15% of the total floor area. .................... , ................. ~ ........ Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except w!th!.-, thc Wgct Atl:.-.t!c .~.';o.".'--'c Redevelopment Area //6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Comment: These changes are being made to address recommendations in the adopted Downtown Delray Beach Master Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Master Plan. Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covedng the downtown business districts surrounding the Atlantic Avenue corddor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the- sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. [RevisedbyAmendment02-~l] The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A. The Master Plan is the citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. A directive of the Plan was to create design (4) guidelines (LDRs) to guide future development in the downtown area. The City has recently adopted the design guidelines. During the development of the Master Plan three neighborhoods and districts were identified: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). In conjunction with the text amendments, the City is processing a Future Land Use Map amendment from General Commercial (GC) to Commercial Core (CC) and rezoning from GC to CBD (Central Business District) for the West Atlantic commercial corridor. This is just a minor part to address the numerous recommendations called for in the plan to address the goal for unity. See Support Document #2- West Atlantic Avenue Oveday District - FLUM Amendment and Rezoning staff report (Agenda Item III.A.2B) 3) Location: Pg. FL-41, Description of Rural Residential FLUM designation. RESIDENTIAL LAND USES: There are three categories of residential land use. Rural Residential: This designation is applied to land which is currently in a rural state (no central water, central sewer, nor parcels less than one acre in area) and which is to remain in such a state. Agricultural uses and the keeping of livestock would be accommodated in these areas as would other uses which are appropriate in a rural setting. Minimum lot sizes for residential would be three acres with other uses to be accommodated on parcels of not less than ten acres. Change: REVISION RESIDENTIAL LAND USES: There are th-me two categories of residential land use. Comment: This change is being made to eliminate an unnecessary FLUM designation which no longer exists within the City. (5) 4) Location: Pg. FL-46, Table L-7 - Land Use Designation/Zoning Matrix. Change: REVISION Comment: This change is being made to eliminate an unnecessary FLUM designation which no longer exists within the City. See Support Document #3 for revised Table. 5) Location: Pg. FL-44, Description of Community Facility FLUM designation. COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. A suffix to the Community Facilities designation is sometimes shown on the Future Land Use Map to denote its approved function. These suffixes include: P (Public Buildings), R (Recreational Facilities), C (Churches), S (Schools), H (Hospitals), O (Conference / Other), SW (Solid Waste Facility). Change: REVISION COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. (6) Comment: The suffixes in the Community Facilities designation are being eliminated to simplify the number of Land Use categories in the City. The use of suffixes is for informational purposes only and does not denote any limitation of use nor prohibit any use allowed in the CF designation. Furthermore, all parcels with a Community Facilities FLUM designation, either with or without a suffix, are included in the CF (Community Facilities) zoning designation. Therefore, removal of the suffix represents no change in the intensity or uses on parcels with this designation. TRANSPORTATION ELEMENT 6) Location: Pg. TR-30, Modification of Map #17, Intermodal Facilities. See existing map attached as Support Document fl4 Change: REVISION Comment: This change is being made to reflect current Palm Tran routes throughout the City. See revised map attached as Support Document #5. 7) Location: Pg. TR-47, Policy D-3.1 (Transportation Surveys) Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 97/98. Change: REVISION Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY ~ 06/07. Comment: This change is being made to extend the date to accomplish the task. 8) Location: Pg. TR-48, Policy D-3.2 (TCEA - Transportation Management Association) Policy D-3.2 An analysis shall be made by FY 98/99, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such (7) time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Change: REVISION Policy D-3 2 ^ .... ,,,~.;~. ~h.~. h~ ~.~,~. ~.,, =v 99/99, An analysis shall be made by FY 07/08 based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Comment: This change is being made to extend the date to accomplish the task. 9) Location: Pg. TR-48, Policy D-3.3 (TCEA - TDM) Policy D-3.3 The City shall adopt changes to the Land Development Regulations that require major developers (more than 50 employees) locating within the TCEA to submit a program to implement employer based TDM activities. This activity shall be completed in FY 97/98. Change: DELETION Comment: This task was completed in 1998 by City Ordinance #36-98 (10/6/98). 10) Location: Pg. TR-48, Policy D-3.5 (TCEA - Bicycle Facilities) Policy D-3.5 The City and CRA shall, by FY 98/99, install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Change: REVISION Policy D-3.5 The City and CRA shall, b~, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Comment: The Land Development Regulations currently require the provision of bicycle facilities for all new projects in the TCEA. This change is being made to assure that adequate facilities are maintained. (8) 11) Location: Pg. TR-48, Policy D-3.6 (In-Town Shuttle) Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2000 to serve the downtown, Tri-Rail, and the beach with headways of 10-12 minutes. Change: REVISION Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2000 2005 to serve the downtown, Tri-Rail, and the beach with headways of ~.0 ~.2 mlm:'tcc 20 - 30 minutes. Comment: This change is being made to extend the date to accomplish the task and to provide for more realistic headway times. 12) Location: Pg. TR-48, Policy D-3.8 (TCEA - Signage) Policy D-3.8 The City and TMA, if and when established, shall improve utilization of the existing municipal parking lots in the TCEA through improved signage and public awareness. This task shall be accomplished by FY 98/99. Change: DELETION Comment: This task was completed in 2002 with Phase 2 of the Wayfinder Sign project. 13) Location: Pg. TR-48, Policy D-3.10 (TCEA - Sidewalks) Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02/03. Change: REVISION Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02/0307/08. Comment: This change is being made to extend the date to accomplish the task. HOUSING ELEMENT 14) Location: Pg. HO-22, Map #22, Residential Neighborhood Categorization Map See existing map attached as Support Document #6 (9) Change: REVISION Comment: This change is being made to reflect existing land use boundary changes. See revised map attached as Support Document #7. and PUBLIC FACILITIES ELEMENT 15) Location: Pg. PF-15, Objective B-5 and Policies B-5.1 to B.5.4 (10- Year Water Supply Facilities Work Plan) Objective B-5 To ensure that there is an adequate water supply to meet existing and projected potable water needs, the following policies shall be implemented. Policy B-5.1: The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policy B-5.2: The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policy B-5.3: The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policy B-5.4: The City will maintain a current five-year schedule of capital improvements to the Water Supply System. Change: ADDITION Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. See Water Supply Facilities Work Plan attached as Support Document #8 CONSERVATION ELEMENT 16) Location: Pg. CO-14, Policies B-'I.1 and B-1.8 (FIND Parcel 650) Policy B-'I.I Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-l. Change: REVISION (10) Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND pamels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Obiectives and Policies of the Open Space and Recreation Element. Policy B-1.8 FIND pamel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. Change: ADDITION Comment: The proposed policy is being added to maintain internal Plan consistency between the Conservation Element and the Open Space and Recreation Element, which states that there is a current deficiency in the category of boat ramps and that this deficiency will be eliminated through the development of FIND parcel MSA 650, or the construction of additional boat ramps at Knowles Park. It is further stated that this deficiency occurs again at buildout. The deficiency is addressed in Open Space and Recreation Element Policy B-3.1 stated as follows: "Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650)." Additional language within the "Needs and Recommendations" section of the Open Space and Recreation Element states as follows: "Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through development of the FIND parcel (MSA 650), additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway." 17) Location: Water Supply) Pg. CO-13, Objective A-5 and Policy A-5.1 (Regional Obiective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. Policy A-5.1 During preparation of the Evaluation and Appraisal Report, due in 2006, the City shall revise the Conservation Element to access projected water (11) needs and soumes for at least a lO-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. Change: ADDITION Comment: Revisions to the Conservation Element to accomplish this objective are required to meet new state requirements to strengthen coordination of water supply and local land use planning. OPEN SPACE AND RECREATION ELEMENT 18) Location: Pg. OS-19, Policy A-2.14 (Master Plan) Policy A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. Change: ADDITION Comment: This Policy is being added to reflect adoption of the City of Delray Beach Parks and Recreation System Master Plan and state that future planning must be in accordance with Master Plan. 19) Location: Pg. OS-19, Policy A-2.15 (Old School Square Urban Park) Policy A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. Change: ADDITION Comment: Current plans for the facility include an urban park as a design element. This Policy is being added in consideration of those plans. INTERGOVERNMENTAL COORDINATION ELEMENT 20) Location: Pg. IC-21, Policy A-1.11 (Regional Water Supply) Policy A-1.11: The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency / Zoning Board, or the City Commission. Change: ADDITION (~2) Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. The policy has been added to ensure coordination of the Comprehensive Plan with the regional water supply plan. CAPITAL IMPROVEMENT ELEMENT 21) Location: Pg. CI-28 to CI-30, Table CI-CIP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) See existing table attached as Support Document #9 Change: REVISION Comment: The table has been revised to reflect implementation of the new $24 Million Parks and Recreation Bond. See revised table attached as Support Document #10. 22) Location: Pgs. CI-32 to CI-34, Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule See existing table attached as Support Document #11 Change: REVISION Comment: This table is the updated School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3. See revised table attached as Support Document #12. PUBLIC SCHOOLS FACILITIES ELEMENT 23) Location: Pgs. PS-10 to PS-15, School District Map Series See the following existing maps attached as Support Document #13 · Map PS 1.1 - Concurrency Service Areas · Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity, Confirmed Sites · Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites · Map PS 3.3 - Projected Additional Facility Demand 2004/05 to 2009/10 · Map PS 3.4 - Projected Additional Facility Demand 2009/10 to 2019/20 Change: REVISION Comment: These are the latest maps from the Palm Beach County School District. Map PS 3.2 was eliminated and PS 3.3 and 3.4 were combined. See revised maps attached as Support Document #14. (13) · Map PS 1.1 - Concurrency Service Areas · Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity · Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites · Map PS 3.3 - Projected Additional Facility Demand 2004 - 2015 24) Location: Pgs. PS-48 to PS-56, Appendices See the existing appendices attached as Support Document #15. Change: DELETION The materials contained in the appendices are produced and maintained by the School District and provided to the City for informational purposes. They are not required to be included in the City's Comprehensive Plan. 25) Location: Pgs. Throughout the Element See amended pages attached as Support Document #16 Change: REVISIONS Comment: These are minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices. 26) Location: Pg. PS-22, Definitions FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. Change: ADDITION Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. 27) Location: Pg. PS-22, Policy A-1.1 (LOS Standard) Policy A-I.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent (14) utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Change: REVISION Policy A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count cf ~.hc cccc~d ccmgc!er reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existinq school, the existin.q school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. 28) Location: Pg. PS-22, Policy A-3.1 (Intergovernmental Coordination) Policy A-;~,I The City of Delray Beach, in coordination with the School District and other local governments, shall annually amend Table SD-CIP of the Capital Improvement Element (School District of Palm Beach County Six-Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Change: REVISION Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually .... ,~ T,~,~ SD C!P cf the ....~.v.~...v...~ .......... * E!cmcnt ( adopt the updated School District of Palm Beach County Six-Year Capital Improvement Schedule~, by reference or follow other (15) procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Comment: This change is being made to maintain consistency with the recently amended Intedocal Agreement. AMENDMENTS TO THE FUTURE LAND USE MAP I PRIVATELY INITIA TED FUTURE LAND USE MAP AMENDMENT: Privately Initiated Future Land Use Map (FLUM) Amendment From LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) and Rezoning From CF (Community Facilities) In Part and R-1-A (Single Family Residential) In Part To RM-10 (Medium Density Residential 10 Units Per Acre) For The Cottages at Banyan Village, Located at the Southwest Corner of South Swinton Avenue and SW 10th Street. See Support Document #17 - Cottages at Banyan Village - FLUM Amendment and Rezoning staff report & FLUM Amendment legal description. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: City initiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District. See Support Document #2 - West Atlantic Avenue Oveday District - FLUM Amendment and Rezoning staff report & FLUM Amendment legal description. s:\planning & zoningX, longrange\comp~amend 04-2\transmittal\04-2 maindoc city commission xmit.doc (16) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Location Map Area Proposed For Increased Density Within the Southwest Neighborhood Area SD #1 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 West Atlantic Avenue Overlay District FLUM Amendment and Rezoning Staff Report & FLUM Amendment Legal Description SD #2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: May 17, 2004 III.A.2.B. City initiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW 1" Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (Quasi-Judicial Hearing). GENERAL DATA: Owner ........................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1~ Avenue (100 Block) and NW/SW 12~ Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community Facilities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Communily Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... n/a Sewer Service ............................... n/a 111.~2.E The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification Of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A~I-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 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 FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commemial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan~ was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except during special events and for a few days during the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabdc and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Oveday District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the 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 individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. Based upon the above, the proposed FLUM amendments and Rezoning to CBD .are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS {Chapter 3): Pursuant to Section 3.1.1 (Required Findings), 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 on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 {Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin,q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonincl Findin(ls): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b' and "c": based on the following: The proposed rezonings are required to implement the previsions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment A.qenc¥: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Chamber of Commerce · Delray Merchants Association · Ebonyof Delray · Gateway · Lincoln Park · Paradise Heights · PROD (Progressive Residents of Delray) · President's Council · West Settlers Historic District · West Side Heights Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet cdteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1s, Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map AVENUE °° ~ WEST ATLANTIC OVERLAY AREA LEGAL DESCRIPTIONS FOR FLUM AMENDMENT FLUM: GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE) LOTS 1-11, INCLUSIVE/LESS PJW SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-11, INCLUSIVE/LESS R/W SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 8, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; TRS B & C, BELAIR HEIGHTS REPLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 & 2, LOTS 7-11, INCLUSIVE, AND LOTS 17 - 20, INCLUSIVE, BLOCK 1, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-6, INCLUSIVE, AND LOTS A & B, BLOCK 2, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5 INCLUSIVE /LESS RNV SR 806/, MYRICKS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10 PAGE 79, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 145 FT OF N 290 FT OF E 147 FT OF LT 9, SUB OF 17-4643, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 50 FT OF S 300 FT OF E 145 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 80 FT OF E 300 FT OF S 130 FT OF N 145 FT OF LT 9 /LESS RNV SR 806/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-11 INCLUSIVE /LESS N 20 FT/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, SUBDIVISION OF BLOCK 5, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 365 FT OF N 385 FT OF W 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 80 FT OF N 100 FT OF E 150 FT & S 250 FT OF N 350 FT OF E 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 290 FT OF N 310 FT/LESS E 5 FT SW 5TM AVE R/W/OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 150 FT OF S 294.28 FT OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 9-11, INCLUSIVE, BLK 22, SUBDIVISION OF THE NORTH HALF OF BLOCK 22 TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE, BLK 30, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT, CHECKERS ATLANTIC - DELRAY PLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT /LESS N 20 FT ATLANTIC AVE R/W/, BLK 29, RESUBDIVISION OF BLOCKS 29 & 37, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 30.5 FT OF LT 5 & N 19.5 FT OF LT 6, BLK 29, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; 2 LOTS 1-4, INCLUSIVE/LESS N 20 FT SR 806 RD R/VV/, BLK 53, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-14 INCLUSIVE /LESS S 20 FT SR 806 RD R/W/, LOTS 34 & 35, BLK 1, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 2-7, INCLUSIVE/LESS S 20 FT SR 806 RD R/W/, LOTS 9-11, INCLUSIVE & LOTS 30-32, INCLUSIVE, BLK 2, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1 & ABANDONED S 9 FT ALLEY LYG N OF & ADJ TO/LESS E 10 FT/AND LOT 8 & ABANDONED S 11 FT ALLEY LYG N OF & ADJ TO, BLOCK 6, WHIDDENS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 274.8 FT OF S t/4 OF LOT 10/LESS E 10 FT NW 9TH AVE R/W, W 25 FT NW 10TH AVE RNV & SR 806 ROAD PJVV/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT LYG ELY OF & ADJACENT TO NW 9TH AVE RNV AS IN OR4465P1517/LESS E 25 NW 8TM AVE RNV & SR 806 ROAD RNV/, FENNOS J G SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 89, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; PARCEL A, DELRAY AMOCO, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 100 FT OF W 130.44 FT OF S 1/2, N 142.1 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 & W 76 FT OF E 101 FT OF N 120 FT OF S 140 FT OF E 1/2 OF S 1/2, BLK 4, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 1/2 OF BLK 12 /LESS S 20 FT SR 806 RD R/W/, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 26, BLK 12, MONROE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 3 TOGETHER WITH; N 250 FT/LESS W 135 FT/, BLK 20, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 165 FT OF S 135 FT & N 70 FT OF S 205 FT OF E 135 FT, BLK 19, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 - 8, INCLUSIVE, MELVIN S BURD SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5, INCLUSIVE, REPLAT OF PART OF BLK 27, TOWN OF LINTON, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLK 27, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1. PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 4 & N 50 FT OF LOT 5 & ABND 16 FT ALLEY LYG E OF & ADJ TO, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT/LESS TR C-3/, ATLANTIC GROVE, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 96, PAGE 55, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; s:~planning & zoning\longrange\comp\amend 04-2~2004 west atlantic avenue oveday flum amendment legal descriptions.doc 4 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Future Land Use Element Revised Table L-7 - Land Use Designation/Zoning Matrix SD #3 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Transportation Element Existing Transportation Element Map #17, Intermodal Facilities SD fi4 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA , I I I INTER~ODAL FAEILITIE5 / LEGENd, ..... ROUTE 24 ~- RO~E TR7 ----- ROUTE 5 ~RIL 2001 ~- ROU~ 2 m- RO~E ls ~ - EXI~ING FACILI~ ~- ROUTE 26 m- ROUTE 25 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Transportation Element Updated Transportation Element Map #17, Intermodal Facilities SD #5 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA INTERMODAL FAEILITIES CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #6 Housing Element Existing Map #22, Residential Neighborhood Categorization SD #6 COMPREHENSIVE PLAN ST. LOWSON BOULEVARD ~ i 10TH ST --J I I I RI~V RHB I~1 L-~ CANAL - C-15 CANAL ~ RE51DENTIAL NEIGHBORHOOD EATESORIZATION ~AP "'~ ~ ~AP ~22 LEGEND: STB - ~ABLE RHB - RECreATION P~mNO a Z~ D~ STBLZ - STABILI~TION RDV - RED~ELOPMENT ~RIL 2~1 ~Z -- R~ITALI~TION CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Housing Element Updated Map #22, Residential Neighborhood Categorization SD #7 COMPREHENSIVE PLAN DELRA~"J Y BEACH,,_.,oFLORIDAc,,.,,,_ ~' /~~. r,, ~ i°"~' r' s-r~ "' ~"~ll ~'.vzill/ ~ ~ .vz ~z._:.~_,, I+1~ s'r. ..... Iblli//'"r"! . LOGO. BOULEV^RO m I . mm f! j I s.w. lOTH ST i ° s~--~-- ~//.rI . )v ~ ~ s-,-. -I ~ll II -L/TI ~_~ ¢,H,~ '11 //~ RE51DENTIAL NEI~;HBORHOOD E, ATESORIZATION Il~lAP ~'~ I ,MAP #22 GRAPHIC SCALE LEGEND: STB - STA~LE ~HB - REHABILIT^TION CIT~ OF DEL,RAY BEACH, Ft.ORIOA PLANNING ~ ZONING DEPAR~MIE~Ilr STBLZ - STABILIZATION RDV - REDEVELOPMENT ~4~.Y 2~ RVZ - REVITAUZATION CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Public Facilities Element lO-Year Water Supply Facilities Work Plan ATTACHED UNDER SEPARATE COVER SD #8 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #9 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25.000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000 0 0 0 Delray Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks 105,000 0 0 0 0 TOTALS $135,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 C 0 0 Swinton Ave Phase 8 250,000 0 0 ;inton Bird (Congress & Military Trail) 292,500 0 0 =-xotic Tree Removal 35,000 30,00C 30,00(~ 0 0 3ineapple Grove Uplighls 30,000 0 0 3omputerized Irrigation System 25,000 25,00C 25,00(~ 25,000 0 --ire Headquarters Entrance Upgrade 55,000 (3 0 0; ~.ity Wide Tree Trimming - Equipment 0 (3 (3 133,000 TOTALS: $727,500 $55,000 $55,000 $158,000 $0 BEACH RESTORATION FUND Surveys 38,935 40,492 42,112 43,797 45,54~ --ngineering 0 0 0 278.000 93,00( ~each Tilling 12,000 12,360 '12.720 0 :onstructton - Bid 0 0 0 0i 23,50( Post Construction Environ t 0 0 0 265,00¢ Sea Tur0es Monitoring 27,305 27,300 27,300 16,30C 16,30~: Dune Revegetatlon 50,000 0 Update Geotech 0 0 0 150.00C TOTALS: $128,240 $30,152 $32,132 $488,097 $443,348 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,00C 100,000 140,000 150,00(~ 150,00(3 Sidewalks/SwaJes 0 50,000 50,00(3 50,00{3 Downtown Parking Lots 0 110,000 Traffic Calming 52,00C 100,000 100,000 104,000 104,000 Ne 4th Ave-E A0antic Ave to NE 2nd St ~ 626,000 0 0 0 Transit Stops Bus Shelters 266,200 0 0 0 0 Royal Palm Drive 100,00{3 0 0 0 0 Osceola Park 483,00(~ 483,000 0 0 0 Country Club Acres 360,00(3 0 0 0 0 Atlantic Ave/NW 24th Ave Turn Lanes 250,00(3 0 0 0 0 SW 2nd Av-SW 1st St to Atlantic Ay 115,000 0 0 0 0 SE-NE 1st Street One-Way Pair 105,00(~ 700,000 0 0 0 Bridge. Llnton Bird Tender House 141,000 0 0 0 0 SW 1st Av-SW 1st St to W AUantic Ay 0 0 0 0 115,000 Dotterel Road-Audubon Bird to N End 0 0 0 403,000 0 Dixie Highway-US I Connector 0 106.000 0 0 Pineapple Grove-Sidewalks 0 0 0 0 173,000 Building Construction/Rehabilitation Public Works-Storage Building/Fire Bay 0 271,000 0 0 0 Delray Beach Library Building 6,500,000 0 0 0 0 Old School Square-Hurricane Shutters 0 0 247,000 0 0 Cemetery Maintenance Building 0 0 0 115,000 0 Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0 Beautification SW-NW 5Ih Av-SW 1st St to NW 2nd St 1.450.000 0 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,000 750.000 5.000.000 0 0 W Atlantic Av - Ph III 0 2.013.000 0 0 0 W Atlantic Ay - Ph IV 0 0 1,725.000 0 0 SE 2nd St-S Swinton Ay to FEC X-ing 0 0 0 0 t73.000 Parks & Recreation Facilities Tennis Center-Equipment Storage Enclosure 0 0 0 0 70.000 Tennis Center-Rehab Clay Courts 0 50.000 50.000 50.000 50.000 Tennis Cenler-Replace Stadium Seats 0 0 0 0 70,000 Tennis Center-Equipment 0 0 0 0 125,000 Pompey Park/Community Center Bleachers 0 55.000 0 0 35,000 Intracoastal Park 1.000.000 0 0 0 0 Parks-Replace Playground Equip. 75.000 30.000 0 0 30,000 Parks-Parking Lots 0 0 140,000 0 0 Plumosa Park 225,000 0 0 0 0 [Revised by Amendment 04-1] Cl-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~25~000 Merritt Park 0 0 30,000 0 0 Parking Meters-Multi-Space Metadng 0 0 225,000 0 0 Old School Square Maintenance 36,000 0 0 0 0 Miller Park-Parking Lot Expansion 0 0 0 90,000 0 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-Fence Replacement 0 0 0 120,000 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Building & Equip. Renewal & Replacement ;ity Hall Space Study 75,000 0 0 0 0 9uilding Maintenance 100,000 100,000 150,000 150,000 150,000 Roof Repair & Replacement 103,000 0 40,000 0 284,500 HR Remodeling 0 0 79,000 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 180,000 180,000 180,000 180,000 --ire - Additional Parking 0 0 0 120,000 0 =ire-SCBA Upgrade 36,700 0 0 0 0 =ire-MDT for FD Vehicles - Repeaters 310,000 0 0 0 :ire-Space AIIoica0on & Design-FD Headquarters 0 0 42,000 0 0 =ire-Upgrade Generator FS #1 & 2 0 200,000 0 0 0 3olice Hurricane Shutters 50,000 0 0 0 ~olice*New Phone System 180,00(; 0 · 0 0 0 =olice-Replacement Laptop Computers 0 150,000 250,000 200,000 3olice-Citrix License 0 0 0 39,000 ~olice - Upgrade Cellular Data Package 75,00(; 0 0 0 0 3ublic Works - Fleet Maintenance Software 62.00(; 0 0 0 0 Sedes Server-Police & City Hall w/Redundancy 460.00(~ 0 0 0 0 ntaractive Voice Response System 50,000 0 0 0 0 ntrusion Detac0on System 0 0 0 0 48,000 MS Content Management Licence-City Web Server 74,000 0 0 0 0 MS Server License Agreement 50,000 28,000 28,000 28,000 28,000 Replacement Internal Building Data Cabling 0 0 200,000 200,000 0 Web-Enabled Applications 0 0 0 0 76,000 Citrix Metaframe 21,000 110,000 50,000 50,000 21,000 City Clerk-Papedess Agenda 0 46,200 0 0 0 City Commission Chambers Modernization 0 0 0 0 218,700 Other Mlscetianeous Lifeguard Towers 0 0 90,000 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 0 42.000 0 0 0 Beach Pavilion at AIA & Atlantic Avenue 0 0 0 0 175,00( TOTALS: $t3,654,900 $6,640,200 $9,176,000 $2,635,000 $2,915,200 CITY MARINA FUND Pier Construction 100.000 0 0 TOTALS: $100,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park-SW 6th Sb-eet 26.000 0 0 SCRW'r DB Pelletization Project 500.000 1.000.000 1.000.00(; 0 County Club Acres Improvements 475,000 0 0 0i Sludge Thickener-Additional 0 400,000 0 0 W Atlantic Ave Phase III-Water Main 0 120.000 0 0i West Atlantic Phase IV-Water Main 0 0 120.00(; 0 Greenbrier Drive-Sewer 0 0 117.00(; 0 TOTALS: $1,001,000 $~,520.000 $~.237.000 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45.000 0 SCRV~rDB Reclaimed Water System Expansion 312,500 500.000 500.00(; 500.000 500.00( Reclaimed Water Transmission System 1,701,592 600.000 600.00(; 0 TOTALS: $2,059,092 $~,145,000 $f,100,000 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214,000 214.000 165.50(; 165.500 165.50( Lift Station Conv Submersible 100.000 100.000 100.00(; 100,000 100.00( Manhole Rehabilitation 50.000 50.000 50.00(; 50,000 50.00( Water Main Rehabilitation 270.000 215.000 270,000: 270.000 270.00( Sewer Main Rehabilitation 500.000 500,000 500.000 500.000 500.000 Computer Equipment 40.000 0 0; 0 0 Other Machinery & Equipment 35.000 155.000 120.000 0 0 Water Main-SW 12th Av/SW 11 th Av/SW 3rd St 486.000 0 · 0 0 Water Main-Lake Ida Area 287.000 254,000 0 0 0 Water MaimOsceola Park 331.000 331,000 0 0 0 [Revised by Amendment 04-1] CI-29 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~25~000 ~/ater Main-Palm Trail Neighborhood 204,000 414.00C 0 0 Water Main-SW 3rd StJSW 3rd Av/SW 6th Av 0 497.000 0 0 ~Vater Main-SR A1A-E Atlantic Av to Pelican Ln 0 458.00C 0 0 ~/ater Main-SR A1A~Casuarina Rd to E Atlantic Ave 0 304.00C 0 0 ~Vater Main-SW 10th & SW 15th Ave 0 238.00C 0 0 ~Vater Main- North Lake Ida Area 0 228,00(; 0 0 ~/ater Main--Seasage/Melaleuca/Tamarind 0 248.00(; 0 0 ~/ater Main-US 1*SE 10th St to E Atlantic Ave 0 546.000 0 ~/ater Main-SE 1st Ay-SE 3rd St to E Atlantic Ave 0 0 186,000 ~/ater Main-US 1 -E Atlantic Ave to George Bush Blvd 0 0 546.000 ~Vater Main-Sw 11th & SW 12th Avenue 0 0 147,000 ~/ater Main-NW 12th St & Grove Way 0 0 393.000 ~Nater Main-Delray Shores Neighborhood 0 0 673,000 Water Main-Dixie Highway-US 1 Connector 0 55,00C 0 0 100,000 0 0 ~,SR Well Pump Repl & Well Development TOTALS: I $2.617,000 $3,'133.000 $2,333,500 $1.631.500 $3.030.500 MUNICIPAL GOLF COURSE Other Machinery & Equipment 50,000 60.00C 70.000 80,000 90.000 TOTALS: $50,000 $60,000: $70,000 $80,000 $90,000 LAKEVIEW GOLF COURSE Other Mach. & Equipment 0 0 25.000 30.000 35,000 TOTALS: $0 $0 $25.000 $30,000 $35,000 STORMWATER UTILITY General Stormwater Repairs 33.550 50.000 50.000 50.000 50,000 Swale Reconstruction 0 0 150.000 150.000 150.000 Tropic Isles CB R&R 50.000 125.000 0 0 u NE 4th Av- E Atlantic Ay to NE 2nd St 0 370,000 0 0 u Lake Ida Area 90,000 90.000 0 0 u ~W-NW 5th Ave-SW 1st St to W Atlantic Ave 100,000 0 0 0 u Osceola Park 228.000 351.000 0 0 SW 2nd Ave-SW 1st St to W Atlantic Ave 86.000 0 0 0 u Royal Palm Drive 73.000 0 0 0 DixieHighwa¥-US I Connector 0 30,000 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 0 138.000 0 0 Pump Station Rehab 0 100.000 150.000 250.000 100.00u Rainbeny Woods 100.000 0 0 u Thomas St Pump Station Modifications 0 109,000 0 0 u Seasage/Melaleuca/Tamarind 0 0 518.000 0 u Dotteral Road-Audubon BIvd to N End 0 0 0 54.000 u NE 4th St 0 0 0 109,000 u SE 2nd St-S Swloton Ave to FEC X-ing 0 0 0 0 138.00u ~W 1st Ave-SW 1st St to W Atlantic Ave 0 0 0 0 86.00u TOTALS: S660,550 $1,463,000 $868,000 $613,000 $524,000 CENTRAL GARAGE FUND Vehicle Replacement 654.320 1.100,000 1.175,000 1,250.000 1.750,000 Vehicle Restoration 85.000 85.000 85.000 85,000 85,000 Fire-ALS Rescue Replace 184.340 193.500 203.300 213.465 224.200 Fire-Ladder Truck Replacement 336.000 0 0 0 0 Fire-Equipment Pumper Replacement 354,40ti 0 0 400,800 ti Fire-Special Operation Truck 0 0 345,000 0 Transfer to General Fund*Fire Ladder Truck 215.00(~ 0 0 0 ti TOTALS: $1.829.060 $1,378,500 $1,808,300 $1,949.265 $2.059,200 [Revised by Amendment 04-1] CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #10 Capital Improvement Element Updated Table CI-CIP, Five Year Capital Improvements Schedule For Projects · $25,000 SD #t0 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000 0 (3 Delray Swim & Tennis Club Ph Il -Eqip 0 50,000 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 Bikepaths/Sidewalks 105,000 0 TOTALS: $f35,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 0 (~ 0 Swinton Ave Phase II 250,000 ti 0 0 0 Linton Bird (Congress & Military Trail) 292,500 (3 0 ti 0 Exotic Tree Removal 35,000 30,00(3 30,000 0 0 Pineapple Grove Uplights 30,000 ti 0 0 0 3omputerized Irrigation System 25,000 25,00ti 25,000 25,000 0 Fire Headquarters Entrance Upgrade 55,000 0 0 0 0 ~ity Wide Tree Trimming - Equipment 0 ti 0 133,000 0 TOTALS: ~ $727,500 $55,000 $55,000 $f58.000 $0 BEACH RESTORATION FUND Surveys 38,935 40,492 42,112 43,797 45,548 Engineering 0 (3 0 278,000 93,000 3each Tilling 12,000 12,36(~ 12,720 0 0 3onstruction - Bid 0 0 0 0 23,500 3ost Construction Environ I 0 ti 0 0 265,000 Sea Turtles Monitoring 27,305 27,30(3 27,300 16,300 16,300 Dune Revegetation 50,000 0 0 0 Jpdats Geotech 0 ti 0 150,000 0 TOTALS: $t28,240 $80,~52 $82,132 $488,097 $443,348 IENERAL CAPITAL IMPROVEMENTS Streets, Allays, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 100,000 140,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 3owntown Parking Lots 0 0 110,000 0 0 rraffic Calming 52,000! 100,000 100,000 104,000 104,000 qe 4th Ave-E Atlantic Ave to NE 2nd St 626,000 0 0 0 rransit Stops Gus Shelters 266,20£ 0 0 0 0 ~oyal Palm Drive 100,00(; 0 0 0 0 Dsceola Park 483,00(; 483,000 0 0 0 .~ountry Club Acres 360,00¢ 0 0 0 0 ~,tlantic Ave/NW 24th Ave Turn Lanes 250,00(; 0 0 0 0 SW 2nd Av-SW 1 st St to Atlantic Ay 115,00(; 0 0 0 0 SE-NE 1st Street One-Way Pair 105,00(; 700,000 0 0 0 3ridge - Linton BIvd Tender House 141,00(; 0 0 0 0 SW I st Av-SW 1st St to W Atlantic Av 0 0 0 115,000 ~otterel Road-Audubon BIvd to N End 0 0 403,000 0 )ixie Highway-US 1 Connector 106,000 0 0 0 3ineapple Grove-Sidewalks 0 0 0 173,000 3uitdlng Construction/Rehabilitation 3ublic Works-Storage Building/Fire Bay 271,000 0 0 0 3elray Beach Library Building 6,500,00(; 0 0 0 0 ;)Id School Square-Hurricane Shutters 0 247,000 0 0 ~emetery Maintenance Building 0 0 115,000 0 :ire-Rescue/Police Training Facliity 250,00C 250,000 0 0 0 ~eautiflcation SW*NW 5th Av*SW 1st St to NW 2nd St 1,450,00(; 0 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,00(; 750,000 5,000,000 0 0 N Atlantic Av - Ph III 2,013,000 0 0 0 N Atlantic Av - Ph IV 0 1,725,000 0 0 SE 2nd St-S Swinton Av to FEC X-ing 0 0 0 173,000 ~arks & Recreation Facilities rennis Center-Equipment Storage Enclosure 0 0 0 70,000 I'ennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 I*ennis Center-Replace Stadium Seats 0 (3 0 0 70,000 I*ennis Center*Equipment 0 (3 0 0 125,000 =ompey Park/Community Center Bleachers 0 55,00(3 0 0 35.000 ntracoastal Park 1,000,000 (3 0 0 0 =arks-Replace Playground Equip, 75,000 30,00(~ 0 0 30.000 ~arks-Parking Lots 0 ti 140,000 0 0 ~lumosa Park 225,000 ti 0 0 0 ~erritt Park 0 (3 30,000 0 0 CI-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~;25~000 ~arking Meters-Multi-Space Metering 0 225,000 0 ~ld School Square Maintenance 36,00£ 0 0 0 vliller Park-Parking Lot Expansion 0 0 90,000 Miller Park Storage Building 0 0 175.000 Miller Park-Fence Replacement 0 0 120,000 Office Expansion/Park Maintenance 0 0 50,000 Building & Equip. Renewal & Replacement City Hall Space Study 75,00(; 0 0 0 Building Maintenance 100.00(; 100.000 150.000 150.000 150.00(; Roof Repair & Replacement 103.000 0 40.000 0 284.50(; HR Remodeling 0 0 79.000 0 R&R-Computer Equipment 150,000 150.000 150.000 150,000 150.00(; Software License/Upgrade 150,000 180,000 180.000 180,000 180,00{3 Fire - Additional Parking 0 0 0 120.000 (~ Fire-SCBA Upgrade 36,700 0 0 0 Fire-MDT for FD Vehicles - Repeaters 310,000 0 0 0 0 Fire-Space AIIoica0on & Design-FD Headquarters 0 0 42,000 0 (~ Fire-Upgrade Generator FS #1 & 2 0 200.000 0 0 0 Police Hurricane Shutters 0 50.000 0 0 0 Police-New Phone System 180.000 0 0 0 0 Police-Replacement Laptop Computers 0 0 150.000 250.0001 200,000 Police-Citrix License 0 0 0 (;' 39,000 Police - Upgrade Cellular Data Package 75.000 0 0: 0 Public Works - Fleet Maintenance Software 62,000 0 0 iSedes Server-Police & City Hall w/Redundancy 460,000 0 0 Interactive Voice Response System 50,000 0 0 Intrusion Detection System 0 0 48.000 MS Content Management Licence-City Web Server 74.000 0 0 MS Server License Agreement 50,000 28,000 28.00C 28.00C 28.000 Replacement Internal Building Data Cabling 0 0 200.00(; 200.00(; 0 Web-Enabled Applications 0 0 0 0 76.000 Citrix Metaframe 21.000 110.000 50,000 50.000 21.000 City Clerk-PapeHess Agenda 0 46.200 0 0 0 City Commission Chambers ModemizaSon 0 0 (~ (~ 218,700 Other MieceSaneous Lifeguard Towers 0 0 90.000 0 0 Neighborhood Enhancement 150.000 200,000 200,00(~ 200,000 200.000 Fire-Substations Wireless Network 0 42.000 0 0 0 Beach Pavilion at AIA & Atlantic Avenue 0 0 0 0 175.000 TOTALS: $t3,654,900 $6,640,200 $9,176,000 $2,635,000 $2,9f5,200 CITY MARINA FUND Pier Construction 100.000 0 6 0 0 TOTALS: $100,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park~SW 6th Street 26.000 0 0 0 0 SCRWTDB Pelletization Project 500,000 1,000.000 1.000.000 0 0 County Club Acres improvements 475,000 0 0 0 0 Sludge Thickener-Additional 0 400.000 0 0 0 W Atlantic Ave Phase Ill-Water Main 0 120.000 0 0 0 West Atlantic Phase IV-Water Main 0 0 120,000 0 0 Greenbrier Drive-Sewer 0 0 117.000 0 0 TOTALS: $1,001,000 $1,520,000 $~,237,000 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45,000 45,000 0 0 0 SCRWTDB Reclaimed Water System Expansion 312,500 500,000 500,000 500,000 500,000 Reclaimed Water Transmission System 1,701,592 600,000 600,000 0 0 TOTALS: $2,059,092 $1,145,000 $1,100,000 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214.000 214.000 165.500 165.500 165,500 Lift Station Conv Submersible 100.000 100.000 100.000 100,000 100.000 Manhole Rehabilitation 50,000 50.000 50,000 50,000 50,000 Water Main Rehabilitation 270,000 215.000 270.000 270.000 270.000 Sewer Main Rehabilitation 500,000 500,000 500.000 500.000 500,000 Computer Equipment 40,000 0 0 0 0 Other Machinery & Equipment 35.000 155.000 120.000 0 0 Water Main-SW 12th Av/SW 11 th AvlSW 3rd St 486.000 0 0 6 0 Water Main-Lake Ida Area 287,000 254,000 (] 0 0 Water Main-Osceola Park 331,000 331.000 0 0 0 Water Main-Palm Trail Neighborhood 204,000 0 414,000 0 0 Water Main-SW 3rd St/SW 3rd Av/SW 6th Av 0 497,000 0 0 0 Cl-29 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25.000 Nater Main-SR A1A-E Atlantic Av to Pelican Ln 458,000 O 0 0 ~Vater Main-SR AIA-Casuarina Rd to E Atlantic Ave .... ~ 304,000 0 0 0 /Vater Main-SW 10th & SW 15th Ave 0 238,000 0 Nater Main- North Lake Ida Area ............. 0 228,000 0 ~Vater Main-Seasage/Melaleuca~amadnd 0 248,000 0 0 ,~ater Main-US 1-SE 10th St to E Atlantic Ave 0 0 546,000 0 Nater Main-SE 1st Ay-SE 3rd St to E Atlantic Ave 0 0 0 186,000 /Vater Main-US I-E Atlantic Ave to George Bush Blvd _0J 0 0 546,000 Nater Main-Sw 11th & SW~l-2th Avenue 0 ---~ 0 --0 147,000 Nater Main-NW 12th St & Grove Way 0 0 0 393,000 Nater Main-Delray Shores Neighborhood C 0 0 0 673,000 Nater Main-Dixie Highway-US I Connector 5§,0(~ 0 ~ 0 ~SR Well Pump Repl & Well Development 100,00(] 0 0 0 TOTALS: $2,6f7,000 $3,133,000 $2,333,500 $f,63t,500 $3,030,500 ~IUNICtPAL GOLF COURSE 3ther Machine~ & Equipment 50,00(] 60,000 70,000 80,000 90,000 TOTALS: $50,000 $60,000 $70,000 $80,000 $90,000 .AKEVIEW GOLF COURSE Dther Mach. & Equipment (] 0 25,000 30,000 35,000 ' TOTALS: $0 $0 $25,000 $30,000 $35,000 !STORMWATER UTILITY .qeneral Stormwater Repai~' 33,55(] 50,000 50,000 50,000 50,000 Swale Reconstruction (] 0 1 ~_0_,~00 150,000 150,000 iTropic Isles CB R&R 50,00(] 125,000 0 0 0 NE 4th Ay- E Atlantic Ay to NE 2nd St fi 370,000 0 0 0 Lake Ida Area 90,00(] 90,000 0 0 0 !SW-NW 5th Ave-SW 1st St to W Atlantic Ave 100,000 --- 0 0 0 0 'Osceota Park 228,00(] 351,000 0 0 SW 2nd Ave-SW 1st St to W Atlantic Ave 86,00(] 0 0 0 0 Royal Palm Ddve 73,00(] 0 0 0 0 DixieHighway-US 1 Connector (] 30,000 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave (] 138,000 0 O 0 Pump Station Rehab_ . (] 100,000 150,000 250,000 100,000 Rainber~ Woods 100,000 0 0 0 Thomas St Pump Station Modifications (] 109,000 0 0 0 Seasage/Melaleuca/Tamadnd (] _0 518,000 0 0 Dotteral Road-Audubon Blvd to N End (] 0 0 54,000 0 NE 4th St (] 0 0 109,000 0 SE 2nd St-S Swinton Ave to FEC X-in~l (] 0 '-- - ~ 0 138,00~ SW 1st Ave-SW 1st St to W Atlantic Ave (] 0 0 0 86,000 TOTALS: $650,550 $~,463,000 $868,000 $~6-f3,000 $524,000 CENTRAL GARAGE FUND Vehicle Replacem _e~n~t 654,32(] 1,100,000 1,175,000 1,250,000 1,750,000 Vehicle Restoration 85,00(] 85,000 85,000 85,000 85,000 Fire-ALS Rescue Replace .... 184,34(] 193,500 203,300 213,465 224,200 Fire-Ladder Truck Replacement 336,00(] 0 0 0 0 ~Fire-Equipment Pumper Replacement ._ 354,40(] 0 0 400,800 0 Fire-Special Operation Truck (] __ 0 345,000 0 0 Transfer to General Fund-Fire Ladder Truck 215,00(] 0 0 0 0 TOTALS: $f,829,060 $1,378,500 $f,80~-,300 $t,949,265 $2,059,200 PARKS AND RECREATION BOND ,Neighborhood Parks 3,450,00(] 825,000 Soccer Complex 107,000 2,618,000 Western Communib/Center 820,00(] ...... 2,980,000 .~atherine Strong Community Park _ 2,000,00C Swim & Tennis Club 700,00(] =ompey Park Building Expansion 20,00(] 70,000 410,000 ~exiey Park ..... 50,00(] 450,00~ ~oy Scout Hut Park 350,00(: .ake Ida Park 3ornell Park 150,00(] ~ommunity_ Center/Pompey Park 40,00(] 260,000 3each Furniture 75,000 Existing Park Upgrades 200,000 3Id School Square 4,540,000 2,460,000 _ibrary 1,000,000 TOTALS: I $ ~2,545,000.00 $ 5,447,000.00 $ 6,0~8r000.00 CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #11 Capital Improvement Element Existing Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #11 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #12 Capital Improvement Element Updated Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #t2 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #13 Public Schools Facilities Element Existing Public School District Map Series SD #'13 ,{ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #14 Public Schools Facilities Element Updated Public School District Map Series SD #14 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #15 Public Schools Facilities Element Existing Appendices SD #t5 PUBLIC SCHOOL FACILITIES ELEMENT CONCURRENCY SERVICE AREA TABLES APPENDIX A PS - 48 PUBLIC SCHOOL FACILITIES ELEMENT ENROLLMENT CAPACITY & SHORTFALL TAB LE APPENDIX B PS - 51 PUBLIC SCHOOL FACILITIES ELEMENT SCHOOL A'FrENDANCE ZONE MAPS APPENDIX C PS - 53 IELItMINT&ItY SCHOOL 111E SCHOO~ DISTRICT OF P&LM BKA, CH COTJNTY, ~I,OBID& N N p~J~ N CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #16 Public Schools Facilities Element Amended Pages to Reflect updated School District Documents SD #t6 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRA Y BEACH A. INTRODUCTION 1. Overview. The Palm Beach County, the School Distdct of Palm Beach County, and 26 participating local governments within the school distdct have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehenSive plan amendments. The amendments include the following: The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six-year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. The Comprehensive Plan Map Series to incorporate nine new maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by ~ Special Amendment 2001-3 (01-3). The 7. mpcccd Plan amendments for school concurrency are submitted along with an executed Intedocal Agreement which satisfy the requirements of ss.163.3177(6)(h)1, and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. The Public Schools Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS- 1 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted FY2001-FY2005 Five-Year Capital Facilities Plan and FY 2001 Capital Budget, June, 2000. (CIE Table SD-CIP) School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY 2001 Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted FY2nn~ ,~nn~ (F!vc v~,~, P!c~) ""'~ FY 2001 r,.,,~ ~,,,~,~, Five-Year Plan and Capital Budget pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital Improvement Schedule. B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted LOS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS - 2 1. Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.A.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency (See-Append~ A). The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five-Year Plan. Under the title of each table there is a reference to the School District Planning Zones where the information was taken from and where detailed data is depicted. Each CSA Table presents a specific CSA with its school facilities by type. As depicted on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and (e), F.A.C., for the Public Schools Facilities Element are specifically addressed in each CSA. The CSA Tables provide the following school data by CSA and by school type consistent with Rule 9J-5.025, F.A.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. PS - 3 (3) (4) (5) (6) The total projected school facility surpluses and deficiencies by year for the six-year planning period based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. The means by which the enrollment is stabilized and the adopted LOS is attained through redistribution of students by boundary adjustments or school construction or other capital improvements. The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year of the initial planning period. School utilization does not exceed the targeted 110% LOS in the sixth year. The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of service conditions is located within the School District's current adopted Five-Year Plan FY200! FY2005 (F!vc Y~r P!:n) and F--Y- 200! Capital Budget, Junc 2000. As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables in Appendix A. The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20 /^ .... '~;" 1~-), provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end of the initial five year period and long range planning period of ten and twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA total enrollments, require the School District to determine the number of school facilities needed district-wide. Based on the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. PS - 4 The CSA Tables also reflect the 2,147 students enrolled in alternative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students participating in programs not based in School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 depict the locations of proposed schools with confirmed sites and the planned schools without confirmed sites, a,~,~;,;,,,,.,,,, mA.,,, PS ~ '~ ~- ..... ~.qc!!!c.'-/~'-"';*~ ..... be-~letem~. The long range facility demand maps - PS 3.3 c.-.d PS 3.4 shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities with the exception of a bus depot. Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. SchoolA~endanceZones. Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps/^ .... ,~;,, r,~ 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. PS - 5 The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the 5-year planning period. Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan FY 2002 200~ (~ve-Mea,~o4e~. They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. 5. Charter Schools Charter schools ara considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide - Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.^.C. The School District has experienced an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 8 on pages 1-3 and 1-4 of the School District's current adopted Five- Year Plan FY2001. FY2005/~;'"-~...~ v,,.,,. ~_. P!~.-.) and Fv. 2001 Capital Budget, Ju.".c 2000, present enrollment projections based upon demographic and economic profiles. Over the next 5 years, the School District's K-12 enrollment is projected to increase by 10,000 +/- students to neady 160,000. The total enrollment figures have closely tracked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range and is expected to continue for the next three years. Palm Beach County's geographic araa is approximately 2,023 squara miles. It is comprised of 1,739.4 squara miles of unincorporated araas and thirty-seven municipalities within 283.6 squara miles. The county has a total population of mora than 1.025 million in 1998, with an unincorporated population of mora than 465,000 and an incorporated population of nearly 560,000. Since 1940, the County has nearly doubled in population every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impact on the School District, of the 1.062 million persons who reside in PS - 6 end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline, pg. PS-16) 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CSA and school type is depicted on required future conditions Maps PS 3.3 ~ These surpluses and deficiencies are listed by CSA, representing projected seats needed (capacity demand). PS - 9 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan cv°o0~ cv2005/m,,,~ v,,,r DI,~'~ and FY 200! Capital Budget,--JURe-201~, provides an analysis of the adequacy of the existing level of se~ice for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of se~ice standards based on physical conditions and programs pursuant to Rule 9J- 5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendat' ~--~-~;~ A 0~ *h. ~;... V. or DIo. /PO~ T~kl~ ;.~;.~*~. ,.,hi.h high Ions...~ .......................... ~ .......... / ..................... ~,. 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). Thc 2000 200! The general distribution of student enrollment across Palm Beach County shows north County middle and elementary schools at (or moderately over) capacity, and the high schools with generally lower enrollments. These schools are within the Concurrency Service Areas (CSA) 1-6. There is a moderate growth rate in north County schools; however, the Abacoa area is expected to add significant student growth to this area of the County in the next five years. Recently proposed developments for the former MacArthur Foundation lands in the northern County, are being proposed with lower densities which traditionally generate a lower number of students. Enrollment in the eastern-central portion of the County (within CSAs 8, 9, 11, 12, 14 and 15) is stable, but many schools are over capacity with moderate growth in enrollment expected to continue. Schools in the central-western portion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, and 16. The south-central portion of the County is significantly over capacity, with all school types being impacted within CSAs 17, 18, 19 and 20. This area's enrollment is expected to continue to grow, particularly on the western portion of these CSAs which are expected to grow rapidly with family oriented homes. The southern section of the County shows school enrollment moderately above capacity, but expected to stabilize within CSA 21. The School District considers the western portion (Glades) of the County to have stable enrollment. PS- 17 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #17 Cottages at Banyan Village FLUM Amendment and Rezoning Staff Report & FLUM Amendment Legal Description SD #t7 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: III. A. (2. a.) Future Land Use Map Amendment from Low Density Residential 0-5 du/ac (LD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from Single-Family Residential (R-l-A), in part, and Community Facilities (CF), in part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial Hearing). GENERAL DATA: Owner / Applicant .................. Balestderi Development Corp. Agent ............................... Weiner & Arenson, P.A. Location ................................ Southwest Comer of Swinton Avenue and SW 10th Street Property Size ......................... 8.96 Acres Current FLUM Designation .... Low Density Residential 0~5 du/ac (LD) Proposed FLUM Medium Density Residential 5-12 Designation .......................du/ac (MD) Current Zoning ................... Single-Family Residential (R-l-A) Proposed Zoning ................ Adjacent Zoning ..... North: South: East: West: and Community Facilities (CF) Medium Density Residential 10 du/ac (RM-10) Single-Family Residential (R-l-A) Single-Family Residential (R-l-A) Special Activities Distdct (SAD) Single-Family Residential (R-l-A) Existing Land Use .................Vacant Proposed Land Use .............. FLUM Amendment from Water Service ....................... Sewer Service ....................... LD to MD and Rezoning from R-I~A, in part, and CF, in part, to RM-10 as part of Comprehensive Plan Amendment 2004-02 N/A N/A THE PLAZA Al' DELI~A Y N The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential (LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-l-A) and Community Facilities (CF) to Medium Density Residential - 10 dwelling units per acre (RM- 10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest comer of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-I-A or CF with an underlying compatible FLUM designation of LD. Each of the subject properties were at one time zoned R-l-A, however at its meeting of February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-I-A to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-I-A each contained residential structures, while the now CF zoned parcel was vacant. The Full Gospel Assembly Church never established operations on the subject property and has continued to remain vacant. The subject properties were recently sold and subsequently cleared in anticipation of future property development as a multiple-family townhouse project. An application is now before the Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-I-A and CF to RM-10. This FLUM Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2004-02. LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. rq 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 proposed Medium Density Residential - ten (10) dwelling units per acre (RM-10) zoning district is consistent with the proposed Medium Density Residential (MD) FLUM designation. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 2 Multiple-family townhouse developments are allowed in an RM-10 zoning district as a permitted use at a base rate of six (6) units per acm. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LDR Section 4.4.6(I). Based on the above, positive findings can be made with respect to FLUM consistency. Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from LD to MD on several adjoining parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks aod Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park impact fee of $44,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School Distdct is attached as a condition of approval. Solid Waste: The subject properties are presently vacant and therefore currently have no impact on this level of service standard. Assuming the proposed maximum density (10 du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The subject properties current FLUM designation of LD would permit maximum densities that would generate 20 A.M. and 23 P.M peak hour trips. According to the provided traffic study, the proposed FLUM would allow for a development generating 48 AM and 56 PM peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received and is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Water and Sewer: Water service can be provided to the site via connection to a 6" water main located within the SW 10th Street right-of-way (north side of the property), a 2" water main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8" water main located within the Swinton Avenue right-of-way (east side of the property). It is noted that the 2" water mains may need to be upgraded with the future development of the Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 3 property. Sewer service can be provided to the site via connection to a sanitary sewer main located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire suppression, fire hydrants will need to be provided within the development. However, it is noted that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th Street, to the northeast of the property across Swinton Avenue, and to the southeast of the property across Reigle Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population, based upon the current FLUM. The proposed FLUM Amendment from LD to MD will increase the demand on these public services; however adequate capacity exists to accommodate the proposal. Thus, a positive finding with respect to this level of service standard can be made. [] Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and must be incorporated into the design of any future development proposal for the site. While the proposed development of the property will certainly provide additional housing, it is multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for neighborhood commercial uses. While the applicant cites the conditions to the east to justify compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the proposed use and intensity are not complementary to adjacent uses and therefore constitute grounds to deny the proposed amendment. These concerns are also discussed later with the compatibility analysis of the FLUM amendment. Future Land Use Element Policy A-I.?: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 4 designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The subject property is comprised of several adjoining parcels of land totaling approximatel~ 8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10 Street and Swinton Avenue). The proposal associated with these properties would change the FLUM designation from LD to MD. The applicant has not provided any data or analysis as to a shift in demographic trends or other cimumstances that would support a change to the existing FLUM designation. No changes have occurred immediately adjacent to this parcel which would alter the character and/or FLUM designations of the surrounding area. In fact, the latest change that has occurred was immediately to the north and resulted in the development of affordable single- family homes. This change would support the retention of the existing Low Density land use designation. The applicant has cited numerous Comprehensive Plan objectives and policies; however none of these objectives or policies would be fulfilled by amending the existing FLUM designation. Without any data or analysis in support of, or fulfillment of Comprehensive Plan objective or policy, there is no demonstrated need for the requested FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the proposed FLUM amendment. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~[enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10'" Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub- areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area fl5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The applicant indicates in their justification statement that "increasing residential density and providing affordable and diverse housing for a variety of incomes is a pdmary goal" of the Redevelopment Plan. The goal actually states "increasing residential density and providing affordable housing for a variety of incomes.' This theme of providing affordable housing is noted throughout all sub-areas. The reference to increasing residential densities is aimed Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 5 at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject properly. The City Commission is currently considering actions which will implement the portion of the Redevelopment Plan (increasing residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable housing envisioned in the plan. Based upon the above, the applicant's opinion that the goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment and associated rezoning is unfounded. Consequently, positive findings with regard to this Comprehensive Plan policy can not be made. Housing Element Policy A-f2.3: In evaluating proposals for new development or redevelopment, the City shaft 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. As discussed previously with the Concurrency analysis, the proposed new development will increase traffic in the surrounding area; however this increase does not appear to be substantial. The resulting increase in units will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this development parcel is located in a relatively stable neighborhood and "strongly recommends infill development and rehabilitation of existing structures. This strategy should increase the availability of affordable housing options." The introduction of incompatible multiple-family uses within this area is unlikely to enhance stability. Further, if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the above, positive findings with respect to this Comprehensive Plan policy can not be made. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. This policy is identified by the applicant in their justification statement indicating that '~he development proposal provides the desired type of moderately priced housing near the downtown area." This policy refers to housing in general; not necessarily housing that is moderately priced. This policy also is directed at housing in and near the downtown area, whereas the subject property is located ten (10) city blocks from the outer edge of the downtown. As previously stated, infiil housing consistent with the prevailing single-family land uses is appropriate. Further, affordable housing is a priority. While housing is a result of the proposal it is neither the appropriate type nor intensity. Open Space and Recreation Element Policy A-2.7: The City shall development a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 6 construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. This is another policy cited by the applicant in their justification statement. In this case the applicant indicates that "as part of this development, a park and gathering spaces will be provided." Based upon this Comprehensive Plan policy and the applicant's statement, the conclusion that can be drawn is that a portion of the subject property is to be developed as a neighborhood park. If this is not the case and a neighborhood park is not to be provided with this development, it is highly doubtful that private amenities within the development will be made available to those who live outside the development. In either case, this policy has no possible bearing on the proposed FLUM amendment or rezoning. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are bordered by single-family residential neighborhoods on the north, south and west sides all having the same land use designation as the current designation of the subject property (LD). The properties to the east, which make up the Silver Terrace neighborhood, have various land use designations including General Commemial (GC), Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east, these are located more the 270' away given the combined rights-of-way for Swinton Avenue, the F.E.C. Railroad, and Old Dixie Highway. Compatibility with the adjacent single-family residential neighborhoods is a significant concern. The proposed FLUM designation in association with the proposed rezoning would allow a density of ten (10) dwelling units per acre on the subject property, which would be out of character and incompatible with the existing lower density residential neighborhoods that surround this property. A positive finding with respect to Compatibility can not be made and the proposal should be denied. [] Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the properties as a multiple-family townhouse development, which is permitted' under the requested RM-10 zoning district and compatible with the proposed MD FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RM zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 7 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. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following neighborhoods, their zoning designations, sizes and densities border the subject properties: Zoning Number of Des~qnation Residential Lots Total Acreage Density North Bellview Court R-1-A 26 4.84 5.37 Palm State Heights R-1-A 44 10.06 4.37 Noah's Corner R-1 -A 11 3.14 3.50 South Southridge (Plat 1 ) R-1-A 94 16.11 5.83 East Silver Terrace SAD 70 12.4 5.64 West Sunset Park R-1-A 59 10.1 5.84 Average Density = 5.09 R-1-A = Single-Family Residential / SAD = Special Activities District The above table indicates that predominantly all of the surrounding single-family neighborhoods have a density of approximately five (5) dwelling units per acre. It is further noted that the majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or areas, which results in densities that would be slightly higher than permitted under the present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the subject property, has only recently been developed and conforms to all minimum lot dimension and/or area requirements. The density of this single-family neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries and would be drastically less than the proposed multiple-family development. It is based upon this analysis that the proposed rezoning would result in a land use that is incompatible with the surrounding properties. Thus, positive findings with regard to LDR Section 3.2.2(D) can not be made and furthermore positive findings with regard to overall consistency can not be made. LDR Section 2.4.5(D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 8 (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The following is an excerpt from the applicant's justification statement: '~Two of the three reasons are applicable to this rezoning request. First, item (b) is applicable because there has been a change in circumstances which makes the current zoning of CF inappropriate. Second, item (c) is applicable because the requested zoning of RM-IO is more appropriate for the property based upon circumstances particular to the site and neighborhood". "The proposal to rezone the property to RM-IO is to allow redevelopment of the property for multiple-family purposes. The highest and best use of the property is multiple-family units rather than single-family homes. Given the location of the property and change of circumstances such as the increases in the size of the Linton/Federal retail area, the rezoning and development of other properties in the vicinity to multiple-family and the continued escalation of single-family home prices in Palm Beach County, redevelopment to single-family residences is problematic. To the east of the property are the railroad tracks and across from the railroad tracks are some small business offices. Further south is the Plaza at Delray shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally, further to the east of the property along SW 10~ Street, multiple-family housing (The Hedtage Club) is in the process of being constructed. Therefore, the development of multiple-family residences on the subject properties is more logical as this type of residential use provides for a better transition between commercial/industrial uses and single-family uses. Overall, a positive finding can be made that the change of circumstances in the area makes the RM-IO zoning district more appropriate than the current zoning". According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). However, as the current zoning of the properties is predominantly CF, and the CF zoning designation is by definition compatible with all other zoning designations, no change in circumstances is possible that would make the current zoning inappropriate. Even if consideration was given to modify the designation given the change in ownership and corresponding need for a change from a community facility to a residential use, a designation consistent with the prevailing future land use designation of Low Density to the north, south and west is clearly more appropriate. Accordingly, the only remaining justification for the proposed rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low Density land use designation, nor "more appropriate for the property based upon circumstances particular to the site and/or neighborhood." As the subject properties are surrounded on three sides by Low Density land use designations which contain single-family residential neighborhoods, the proposal is clearly not more appropriate for the property. The most appropriate zoning designation for the properties would be single-family residential (R-l-A), or perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the FLUM amendment, the resulting proposed development may have a destabilizing effect on the surrounding neighborhood. Based upon the above, this request does not fulfill any of the reasons identified under LDR Section 2.4.5(D) (5). Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 9 The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: (~ Presidents Council r~ Progressive Residents of Delray (P.R.O.D.) O United Property Owner's Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10 are inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to Compatibility as the proposal will result in a multiple-family development with densities that are double or triple that of the surrounding single-family neighborhoods. Positive findings can also not be made with regard to Consistency with the Comprehensive Plan, specifically Future Land Use Element Policy A-1.7, which requires that there be a demonstrated need for the requested land use. No data or analysis has been provided that indicates a shift in demographic trends, no changes have occurred with regard to character and/or FLUM designations of the surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by amending the existing FLUM designation. Furthermore, the subject property is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future Land Use Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed FLUM amendment and associated rezoning and positive findings can not be made with respect to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible multiple-family uses within this area is unlikely to enhance stability and if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect; therefore positive findings can not be made with regard to Housing Element Policy A- 12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be denied. A. Continue with direction. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 10 Move a recommendation of approval to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following conditions: That a letter from the Palm Beach County School District is received stating that the proposal complies with the adopted Level of Service for School Concurrency; and That a letter from the Palm Beach County Traffic Division is received stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance, C. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-I-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and 0-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-I-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map Staff Report Prepared by: Robert G. Tefft, Senior Planner _ IIIIIIII I ~1-~-~ i~.Li i CF ,-~ ~ {; I IF - IIIlllllBIIIIIIII ,,r.,..,~,i,i ~ ~. ,,,,/~?.~,, c_ _ __ _ ~ ~~ III~ I ..... ... :.,. i ' ~,.~,o~ JIIIIIIIIIIIlllllllllllllill { 'J- 11111 Ii IIIIIIHI~ - ~ III I ] /// COMMERCIAL CENTRE M C ~' O~AINE I Ig I~c /~/ u~ ,~ II]~1 ZZ IIII PC /~/ MIC ~,~ LIN TON BOULEVARD N Cottages at Banyan VJllage ~ PROPOS~ R~ONING CF-P MD RDA-3 CMR GC MD N Cottages at Banyan Village PROPOSED FUTURE LAND USE MAP AMENDMENT THE COTTAGES AT BANYAN VILLAGE LEGAL DESCRIPTION FOR FLUM AMENDMENT The West 175 feet of the North 120.9 feet of the East half (E ¼) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10 feet thereof. Together With The East 188.74 feet of the North Quarter (N ¼ ) of the East half (E %) of Lot 13, Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Cimuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the East 33 feet thereof for right-of-way of South Swinton Avenue. Together With The West 194.74 feet of the East 487.74 feet of the North half (N ¼) of the Northeast quarter (NE ¼) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof. Together With The South half (S %) of the North half (N ¼) of the East half of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton Avenue. Together With The West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ~) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book I Page 4 and also less the North 40 feet thereof for right-of-way of SW 10th Street. Together With The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County, Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the North 35 feet thereof. Together With The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 35 feet thereof for right-of-way SW 10th Street. Together With Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Cimuit Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which quantity of land comprises of the 50 foot right-of-way on SW 10th Court, less that portion of the subject property included in the widened right-of- way of South Swinton Avenue, as described by deed recorded in Official Records Book 1659, Page 937, Public Records of Palm Beach County, Florida. Together With The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ¼) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4. r- - FA Contents Section Page 1 Introduction ..................................................................................................................... 1-1 ~. ...~ ..................... 1-1 1.1 Ba,.,.~,, .......................................................... 1.2 Location ................................................................................................................... 1-2 1.3 Purpose and Objectives ......................................................................................... 1o2 1.4 Statutory Background ........................................................................................... 1~3 2 Existing Water Supplies .................................................................................................... 2-1 2.1 General Hydrogeology and Water Quality ........................................................ 2-1 2.2 Water Supply Wellfields ....................................................................................... 2-1 2.2.1 Wa~ Quality ............................................................................................ 2-5 2.3 Water Supply Permitting ...................................................................................... 2-8 2.3.1 p~]m Beach Cotmty Health Depa~:.,Lent ............................................... 2-8 2.3.2 Palm Beach County Dep~u'h~ent of Environmental Resources Management .............................................................................................. 2-8 2.3.3 South Florida Water Management District ........................................... 2-8 2.4 Aquifer Storage and Recovery ........................................................................... 2-14 Water Demands ....................................................................... d. ......................................... 3-1 3.1 Introduction ............................................................................................................ 3-1 3.2 Historical Water Demands ................................................................................... 3-1 3.2.1 Past Population and Water Use .............................................................. 3-1 3.2.2 Per Capita Water Use ............................................................................... 3-4 3.3 Population and Water Use Projections ............................................................... 3-4 3.4 Capadty and Demand Comparison .................................................................... 3-4 Demand and Water Supply Management ..................................................................... 4-1 4.1 Water Usage ............................................................................................................ 4-1 4.2 Conservation ........................................................................................................... 4-2 4.2.1 Landscape Requirements ......................................................................... 4-3 4.2.2 Ultra-Low Volume Plumbing ................................................................. 4-3 4.2.3 Water Conservation Rate Structure ........................................................ 4-3 4.2.4 Leak Detection Program .......................................................................... 4-4 4.2.5 Water Conservation and Public Education ........................................... 4-5 4.3 Reuse of Reclaimed Wastewater .......................................................................... 4-5 4.4 Aquifer Storage and Recovery ............................................................................. 4-6 Section Page Water Supply Enhancementa ........................................................................................... 5.1 Wellfield Rehabilitation ........................................................................................ 5.2 Expand F.,xistin$ Welifields .................................................................................. 5-1 5.3 Flotation Aquifer ..................................................................................................... 5-2 5.3.1 Floridan Aquifer Blending ....................................................................... 5.3.2 Floridan Aquifer with LPRO Treatment. ............................................... 5-5 5.4 Seawater De~llnation ........................................................................................... 5-5 5.5 Summary ................................................................................................................. 5-6 6 Alternatives Analysis ....................................................................................................... 6-1 6.1 Introduction ............................................................................................................ 6-1 6.2 Demand Reduction ................................................................................................ 6-1 6.2.1 Conservation. ............................................................................................. 6-1 6.2.2 Real.lined Water P~og~rarn ....................................................................... 6-2 6.3 Water Supply Enhancement ................................................................................. 6-2 6.3.1 Wellfield Rehabilitation ........................................................................... 6-4 6.3.2 Expansion of Morikami Park Wellfield ................................................. 6-6 6.3.3 Optimization of ASR Facility .................................................................. 6-6 6.3.4 Floridan Aquifer Blending ....................................................................... 6-6 6.3.5 Floridan Aquifer with LPRO Treatment ................................................ 6-6 6.4 Alternatives Workshop ......................................................................................... 6-6 7 Recommended Implementation Plan. ............................................................................ 7-1 7.1 Introduction ............................................................................................................ 7-1 7.2 Implementation Approach ................................................................................... 7-1 7.Z1 Demand-Reducing Alternatives ............................................................. 7-1 7.2.2 Water Use Permitting ............................................................................... 7-1 7.2.3 Supply Enhancing Alternatives ........................................ ...................... 7-2 WATER SUPPLY Pt.~N.DOC CO~T~NI'8, GONT~NUED Exhibit 1-1 2-1 2-2 2-3 2-4 2-5 Page City of Delray Beach Location Map .................................................................................. 1-4 Gener~liTed Hydrogeologic Cross Section of South Florida ........................................ 2-2 Water Supply Well Locations for the City of Delray Beach .......................................... 2-3 City of Delray Beach Wellfield Capacities ....................................................................... 2-4 City of Delray Beach Typical Raw and Finished Water Quality .................................. 2-6 City of Delray Beach Water Supply, Treatment, and Distribution Schematic .......................................................................................... 2-7 2-6 Recently Tes~ Capadty With Permit Limitations ..................................................... 2-13 3-1 City of Delray Beach Water Service Area ....................................................................... 3-2 3-2 Past Population and Water Use ........................................................................................ 3-3 3-3 Historical Monthly Raw and Finished Water Production January 1998-September 2001 ........................................................................................... 3-5 3-4 City of Delray Beach Historical Monthly Raw Water Withdrawals .................... '. ....... 3-7 3-5 Projected Population in the City of Delray Beach Water Service Area ....................... 3-8 3-6 Projected Population and Water Use for the Delxay Water Service Area ................... 3-9 3-7 Maximum Day to Average Day Ratio for the City of Delray Beach .......................... 3-10 3-8 Revised Historic Per Capita Demand and Water Service Area Population ............. 3-11 3-9 Projected Delray Beach Water Use vs. Wellfield Capacity Limitations and Permitted Allocations ............................................................................................... 3-13 4-1 City of Delray Beach Historical Demand by Use Category .......................................... 4-1 4-2 Distribution of Per Capita Water Use .............................................................................. 4-2 4-3 City of Delray Conservation Rate Structure .................................................................... 4-4 4-4 Water Shortage Surcharge Implementation .................................................................... 4-4 4-5 Estimated Water System Losses ........................................................................................ 44 4-6 City of Delray Beach Selected Reclaimed Water Users ................................................. 4-7 4-7 Proposed Phasing for Delray Beach's Reclo!med Water Program ............................... 4-8 4-8 Reclaimed Water Offset Area Summary .......................................................................... 4-9 4-9 Projected Delray Beach Water Use vs. Wellfield Capacity Limitations After ReclAimed Water Replacement ........................................................................................................... 4-10 4-10 Historic and Projected Monthly Raw Water Withdrawals .........................................4-11 4-11 Volume of Water Available to Recharge or Required to Recover from ASR Well ............................................................................................... 4-12 5-1 Generalized Hydrogeologic Cross Section of South Florida ........................................ 5-3 5-2 Estimated Blends from the Upper Floridan Aquifer ..................................................... 5-5 6-1 Demand-Reducing and Water-Supply-Enhancing Techniques and Approaches..... 6-1 6-2 Projected Delray Beach Water Use with Reclaimed Water Offsets ............................. 6-3 6-3 Phased Implementation Plan for the City's Reclaimed Water Program ..................... 6-4 6-4 Opinion of Probable Capital Cost for the City's Recl~!n~ed Water Program ............. 6-4 6-5 Estimated Annual Power Cost Savings from Well Rehabilitation ............................... 6-5 6-6 Opinion of Probable Capital Cost for Rehabilitation of the City's Wellfields ............ 6-5 7-1 Suggested Well Testing and Rehabilitation Program .................................................... 7-3 Abbreviations and Acronyms AWWA ASR American Water Works Association Aquifer Storage and Recovery BG billion gallons bls below land surface bpi below pad level CU color units DBP DWS EPA FAC FDEP FKAA GAC gpcd glad gpm gpm/ft HPRO ICR LEC LPRO LWDD MCI. mgd MG Mg/L O&M Disinfection By-products ch-inking wate~ standards U.S Enviroomentel Protection Agency Florida Administrative Code Florida Depa:;,~ent of Environmental Protection Florida Keys Aqueduct Authority granular activated carbon gallons per capita per day gallons per day gallons per minute gpm per foot haloacetic acids high-pressure reverse o~mosis Information Collection Rule Lower East Coast Iow-pressure reverse osmosis Lake Worth Drainage District micrograms per liter maximum contaminant level Miami-Dade Water and Sewer Dep~u:,,tent Minimum Flows and Levels /~illion galiol~s per day i:nillion gallO~ ~illigrams per liter operations and maintenance F A~BREVIA~ON~ AltD ~I~IYM~ C~IN~INLI~D F F F F F F F F F PBCDERM PBCHD PBCWUD PCE psig PWS RO SCRWWT~ SFWlvlD SWIM TDH TDS THAAs THMs Ti'l-Il& USGS VFD WRAC WTI' WUP Palm Beach County Depa~ tment of Environmental Resources Management Palm Beach County Health Department Palm Beach Counties Water Utilities Depax Lment perchloroethylene pounds per square inch gauge public water supply request for additional information reverse osmosis South-Central Regional Wastewater Treatment Facility South Florida Water Management District salt water intrusion monitoring total dynamic head total dissolved solids total haloacetic acids trihalomethanes total organic carbon total trthalomeltmnes U.S. Geological Survey variable frequency drive Wamr Resources Advisory Committee water treatment plant water use permit v Improve water conservation measure. Additional water conservation measures have been implemented throughout the City, including implementation of a conservation rate structure and a recl~ir~led water program. Because of the U.S. Environmental Protection Agency's (EPA) authorization of the Disinfection By-products (DBP) Rule, the City has examined the need to supplement the WTP's existing treatment processes to meet the rule standards for DBPs, such as trthalomethanes (THMs) and haloacetic acids (HA.As). Since then, the City has examined a number of alternative water treatment process additions, including membranes, ozone, and anion exchange. Afar completing a study to examine these alternatives, the City decided to move forward with the design and permitting of an anion exchange process addition. Although not previously considered a desirable option because of the relatively high cost of anion exchange treatment, the City decided to consider ferric chloride as an addition to the water treatment process. Because the City has proceeded with addition of ferric chloride, color, THMs, and HAA have all been consistently below their respective drinking water standards. 1.2 Location The City is located in southeastern palm Beach County, with the City of Boca Raton to the south, the City of Boynton Beach to the north, the Town of Highland Beach and Gulfstream on the barrier island to the east, and unincorporated Palm Beach County to the west. The City's water and sewer utility area encompasses most of the City and is shown on Exkibit 1-1. 1.3 Purpose and Objectives The purpose of this document is to update the previous Water Supply Master Plan 0991) with recent information and provide recommendations for meeting future water supply demands through the year 2025. Specific tasks indude: · Inventory the City's existing water supplies and constraints · Update projected water supply demands based on the latest population projections · Evaluate the ability of the City's existing water supply to meet the projected demands · Examine and evaluate demand management techniques that could extend the City's existing supplies to meet the projected demands · Examine and evaluate alternative water supply sources as an addition to the City's existing water supply to meet future demands · Develop alternative approaches for meeting future demands and opinion of probable costs · Evaluate the alternative approaches and make recommendations · Develop an implementation plan for the selected alternative approach 1.4 Statutory Background With the 2002 Legislature's action to expand the local government comprehensive plan requirements to strengthen coordinatio~ of local comprehensive land use planning and water supply planning, a series of new requirements have been established pursuant to Chapter 163, Florida Statutes. These requLrements include: · Coordination of appropriate aspec~ of the comprehensive plan with the Regional · Water Supply Plan adopted by the respective water management district. · Revise the Potable Water Sub-Element to consider the provisions of the Regional Water Supply Plan. Prepare a Water Fat-Hities Work Plan for at least a 10-year planning period addressing water supply facilities necessary to serve exisiing and new development and include the Work Plan within the Potable Water Sub-Elemant. Revise the Conservation Element to assess projected water needs and sources for at least a 10-year planning period based upon the provisions of the adopted Regional Water Supply Plan. · Revise the Intergov=t-anental Coordination Element to ensure coordination of the Comprehensive Plan with the approved Regional Water Supply Plan. · At the time of the required Evaluation end Appraisal Report, prepare an assessment of the Regional Water Supply ~ · Include any amendments needed to address and incorporate the Water Facilities Work Plan during the adoption of any Evaluation and Appraisal Report-hased amendments. In the event that a Water Management District has not approved a Regional Wats~ Supply Plan, a local government must s~ll prepare each of the identified analyses and necessary amendments based upon the applicable water management district plar~ Even those local governments who do not own or directly have responsibility for water supply facilities must coordinate with each water supplier to ensure that they can provide sufficient water to meet projected growth demands and olirrtinate any deficiencies. I {-3 MoriK&mi 'J CH2MHILL EXHIBIT 1-1 City of Delray Beach Location Map SECTION Existing Water Supplies 2.1 General Hydrogeology and Water Quality There are two major aquifer systems in Palm Beach County (County): the Surficial and 'die Floridan Aquifer systems. The Surficial Aquifer System is comprised of all the shallow sediments found from the water table to a series of low permeability deposits, collectively known as the intermediate confining unit. The low permeability, intermediate confining unit in Palm Beach County is essentially the Hawthorn Group, which separates the Surficial Aquifer System from the deeper artesian Floridan Aquifer System. The Surficial Aquifer System occurs at or near the land surface in most of the County, and is the principal source of drinking water in the region and for the City. This aquifer system consists of sandstone and cavity-fiddled limestones, and increases in thickness from 30 feet or less in the western portion of the County to 80 feet or more in the eastern portion. All of the City's water supply wo11~ are constructed into the Surficial Aquifer Syste~ The water yield ranges from 500 gallons per minute (gpm) to more than 1,000 gpm per well. The aquifer is recharged locally by rainwater that percolates downward from the surface as well as by the system of canals that extend toward the coast from Lake Okeechobee (Klein and HuH, 1978). Exhibit 2-1 depicts a generaliT~d hydrogeologic cross section across South Florida. 2.2 Water Supply Wellflelds The City currently withdraws groundwater from the Sunticial Aquifer for sub~-~quent treatment and distribution to its residents. The City withdraws the water through four well- fields: l~aatern Wellfield (Formerly North and South Wellfields) · 20-Sories Wellfield · Golf Course Wellfield · Morikami Park Wellfield Exhibit 2-2 shows the locations of each wellfield while Exhibit 2-3 illustrates the capacity of each wellfield. The Eastern Wellfield contains 11 active production wells extending from Northeast 7z Street south to Southwest 10h Street, parallel to Dixie Highway and Swinton Avenue. The 20-Series Wellfield contains six production wells, and is just east of 1-95, north and south of 10~ Street. The Golf Course Wellfield is approximately one-half mile west of the 20-Series Wellfield between Atlantic Avenue and 10h Street, and contains nine production wells. MorLkami Park Wellfield is located within the County's park located on the west side of Jog Road, just south of Linton Boulevard. 2-1 g oo 0 0 0 0 r... 164279.WS.TS 3/04 DFB V~92001023 J J i J F. xhlbk 2-3 c~ of De, my Beach We~metd Capac~es OHglnaily Well No. I gpm I mgd Eastam-Ncxth I g~n I mgd I ABANDONED 2 790 1.14 - 4A. 7~ 1.01 ~0 5 500 0.~ 500 6 790 1.01 m0 7 ABANDONED 8 690 0.~ 650 Ea~tam-8outh (0.t7) 9 470 10 11 12 40O 13 14 580 15 560 16 690 17 690 1.01 0.72 1.01 0.68 470 0.68 CHLORIDE MONITOR WELL CHLORIDE MONITOR WELL 0,58 400 0.58 ABANDONED 0m~ ~ 0'81 560 0.81 0.99 690 0.99 0.99 690 0.99 Subtotal F.a~im 6,730 9.71 5~940 8.57 20-Series 21 800 1.15 800 1.15 22 800 1.15 800 1.15 23 1,000 1.44 1,900 1.44 24 1,000 1.44 1,900 1.44 25 1,000 1.44 1,900 1,44 26 I r900 1.44 Subtotal 20-SeHel 57600 8.06 4,600 6.62 Golf Course 27 25 29 3O 31 32 34 35 36 Subtotal Golf Coume 700 1.01 700 1.01 1,000 1.44 - 1,900 1.44 1,000 1.44 700 1.01 700 1.01 900 1.3O 900 1.30 500 0.72 5O0 0.72 700 1.01 790 1.01 800 1.15 800 1.15 1,900 1.44 1,900 1.44 7,300 10.52 6,300 9.08 38 39 4O 41 42 43 45 46 47 Moflkaml Park 1,000 1.44 - 1,900 1.44 1,900 1.44 1,000 1.44 1.000 1.44 Proposed Proposed Subtotal MoHkaml 37090 4.32 21000 2.88 Total 22,630 32.61 18~840 27.15 GPM = gallons per minute mgd = million gallons per day ~Well PW-3 scheduled to abandoned in the near fJtum. 2.2.1 Water Quality Water quality in the City's water supply is typical of most South Florida communities. Generally the water quality is hard with high iron concentrations. In addition, the water has relatively high natural organic matter as indicated by high color and total organic carbon (TOC) concentrations, particularly in the western-most wellfield (i.e., Morikami Park) Exhibit 2-4 depicts the typical raw water quality measured in the City's water supply wells. The City's current water treatment includes aeration and pre-chlorination to reduce the color, softening, additional chemical treatment (i.e., carbon dioxide, post chlorination, WATER SUPPLY Pt~.DOC 2-5 ammonia, phosphate, fluoride, and filtration). Water leaving the WTP meets aH dfirddng water standards. However, color is generally c]ose to the secondary drinking water standard of 15 color units (CU), which for most people is aesthetically undesirable. Ex-hibit2-5 depicts a generalized schematic of the City's water supply, treatment, and distribution system. Water SuDDlv ~tem Wellfield (North and South) 20-Series Wellfield (Soft Course Wellfleld Morlkami Park Wellfleld Water Treatment (Ume Softening / FIl~a#on) (South Side) EXHIBIT 2-5 City of Delray Beac~ - Water Supply, Treatment, and Dis~ibution Schematic Distrfbution/Storage Customers (includes Aquifer Storage and Recovery) The TOC contains DBP precursors that combine with free chlorine used for oxidation/ disinfection and form DBPs, including THMs and HAAs. Currently, the City's treatment process results in total THM (TI'HM) levels between 25 and 90 micrograms per liter (pg/L). Stage 1 D/DBP (disinfectant/disinfection by-product) regulations set a MCL of 80 and 60 gg/L for TFHMs and THAAs, respectively. It is anticipated that Stage 2 D/DBP regulations, expected to be in effect by 2005, will have the same MCLs for TTHMs and THAAs but will require intensified monitoring in the distribution system. The City's currant treatment has not always complied with the current Stage 1 and anticipated Stage 2 D/DBP regulations. Exhibit 2-4 also depicts the typical water quality measured in the City's finished water. Because the llme softening process has limited organic (color and TOC) removal capability, the City has implemented the addition of ferric chloride to the treatment processes that has reduced color below 15 CU, and has shown promise in meeting the Stage 1 and Stage 2 D/DBP regulations. However, if additional wells from Morikami Park are required, the City may have to consider other alternative treatment. WATER SUPPLY PL,~L DOC 2-7 2.5 Water Supply Permitting The City's water supply well~elds are regulated by the Palm Beach County Health Depa, ;~amt (PBCHD), PBCDERM, and SFWMD. 2.5.1 Palm Beach County Health Department PBCHD regulates water supply wells generally as part of the FDEP Public Drinking Water Facility Construction Permit (Chapter 62-555, Florida Administrative Code [FAC]). AH of the City's water supply wells end the ASR well have been permitted by the PBCI-ID. Any repair or maintenance performed on the wells where they are taken out of service for any length of time must be followed by proper disinfection and bacteriological clearance before being placed back in service. Any major modifications to the wells require a modification to the existing permits. 2.5.2 Palm Beach County Department of Environmental Resources Management PBCDERM regulates the City's water supply wellfields through the County's wellfield protection ordinance. The ordinance prohibits the storage or use of potentially hazardous materials (regulated substances) within certain distances from the individual water supply wells. These distances are identified as protection zones and are established based on estimated travel times determined from groundwater modeling conducted by PBCERM. There are essentially four zones of protection based on travel time: · Zone 1-the land situated between an individual well and the 30-day travel time contour; this is essen~ially a prohibition zone of any regulated substances. · Zone 2-the land situated between the 30-day and the 200-day travel time contours; some substances are permitted but must be properly contained and monitored. · Zone 3-the land situated between the 200-day and the 500-day travel time contours; some substances are permitted but must be properly contained and less restrictive monitoring. · Zone 4-the land situated between the 500-day travel time contour and the 1-foot drawdown contour; same as above. 2.5.3 South Florida Water Management District SFWMD regulates the City's water supply wells through both its well construction and water use requirements. In accordance with Chapter 40E-3, SFWMD is authorized by the State to regulate construction standards for water wells and requires all well drillers to obtain a well construction permit prior to drilling a well. Well construction permits have been obtained for all of the City's 20-Series, Go~f Course, and Morikami Park Wellfielcls. No permits were required for the Eastern Wellfield as their construction occurred prior to the SFWMD regulations. In addition, SFWMD also regulates the use of water through its Water Use regulations (Chapter 4OE-2). For all water uses greater than 100,000 gallons per day (gpd), an individual WATER SUPFt. Y PtAN.~OC 2,,~ .~r12r2004 2.5.3.1 Water Use Permltling History The City was re-issued their WUP on December 10, 1987, with an annual al/ocation of 5.61 billion gallons (BG) (15.37 mgd), for a period of 10 years, with a maximum day allocation of 23.06 mgd. The operational schedule was modified to reflect that the 20-Series Wellfield would operate continuously as the City's primary supply, followed by the North Wellfield. The South Wellfield would be operated as "last-on, first off." In 1988, the City experienced contamination within the 20-Series Wet[field, so withdrawals temporarily shifted to the North and South Wellfields. SFWMD requested increased monitoring frequency of the SWIM network and encouraged expediency in development and construc- tion of the Golf Course Wellfield. As a result of the shifting of withdrawals, chloride concen- trations in the South Wellfield saline water monitoring network increased to a point where SFWMD restricted the withdrawals from the South Wellfield to 3.0 mgd. Between 1990 and 1991, the City requested a modification to their WUP to revise limiting condition #22, to read "Existing production wells 10 and 11 shall be removed from service and used as chloride monitor wells. Existing production wells 14 and 15 shall only be used as standby wells." This modification was requested to ensure that additional opacity be available for emergency use from the Eastern Wellfield. When the W-UP was issued on April 11, 1991, this provision was included, but the Eastern Wellfield was now limited to a total withdrawal allocation of 5.8 mgd to 4.7 mgd from the northern wells, and 1.1 mgd from the southern wells. The annual and maximum day allocations remained the same. On January 14, 1993, the City was reissued a new WUP to reflect the addition of two new wells In the Golf Course Welifield and also a reduction in the annual allocation to 5.45 15G (14.93 mgd), and the maximum day allocation to 22.39 mgd to reflect changes in projected water use demand estimates provided by the City. In 1993, the City proposed development and construction of 11 new watex supply wells in the County's Morikami Park and requested a modification to the WUP. No increase in allocation was requested. On Jtme 9, 1994, the City was reissued their WUP with the same annual and maximum day allocations. One of the key limited conditions pointed out that one of the proposed wells affected a neighboring property owner's operation because of a wellfield protection issue. Construction could not begin until an agreement between the two parties had been terminated or amended. It is CH2M HILL's understanding that this agree- ment has not been terminated or amended. SFWMD sent a letter to the City on April 18, 1997, advising that the WUP was scheduled to expire on December 10, 1997, and that the City should plan for renewal. On December 8, 1997, the City submitted an application to renew the WUP, requesting an increase in the annual allocation to 5.9 BG (16.2 mgd) through the year 2007, and reducing maximum day allocation to 21.45 mgd. During the review process, SFWMD noted that the City's per capita use had climbed to more than 200 gpd in 1996 and 1997. As a result, additional documentation was required to justify the increased per capita use. After much research, it was determined that increase In per capita use was a result of the downtown redevelopment and increase in new home construction, partic~larly for affluent homeowners located in the beach area. Finally, after much discussion, SFWMD approved renewal of the City's WUP on January 14, 1999. The permitted allocations are 5.81 BG annually (15.92 mgd) and 21.08 mgd on a maximum day basis. 2.5.3.2 Summa~j of Limiting Conditions Besides the water use allocations and expiration date, the following describes some of the more important limiting conditions. Condition No. 15 - Prior to July 14, 1999, the City is required to gather results of calibration testing on the flowmeters from each of the water supply wells and submit to: South Florida Water Management District Supervising Professional - P.P.C., Water Use Division (4040) P.O. Box 24680, West Palm Beach, FL 3346-4680 Condition No. 17 - Monthly withdrawals from each of the City's wells are required to be submitted to the SFWMD on a quarterly basis (to the address above), along with maximum daily withdrawals from the entire system. The method of flow measurement and means of calibration is also to be provided. Condition No. 18 - Every 2 years from the date of p~udt issuance (January 14,1999), results of re-calibration of flowmeters are required to be submitted to the SFWMD. Condition No. 19 - Every year, the City is required to submit to the SFW-MD a report of the monthly "unaccounted for" distribution system losses. Condition No. 22 - The City must notify SFWMD of any change in Service Area within 30 days of the change in the boundary. Condition No. 23 - Every month, the City is required to measure chloride concentrations in each of its water supply wells and submit the data to the SFW'IVID within a month of the data collection. Condition No. 24 - Prior to January 14, 2001, the City is required to provide a study evaluating its emergency water supply preparedness. The study should include an analysis of demand management measures, potential pumpage shifting, and the feasibility for emergancy interconnects. Condition No. 31 - The combined withdrawals from the 20-Series and Golf Course Wetlfield cannot exceed 17.26 mgd. The withdrawals from the Eastern Wellfields cannot exceed 5.8 mgd, with further restrictions on the northeastern (1-8) and southeastern (9-17) wellfields of 4.7 mgd and 1.1 mgd, respectively. Condition No. 32 - Former water supply wells 10 and 11 are to continue to be used as chloride monitoring wells. Wells 14 and 15 are to remain on standby only. Condition No. 33 - The City is required to continue with its SWIM program and report the results to the SFWMD monthly. Condition No. 34 - Future proposed well 37 in Morikami Park cannot be constructed until the agreement between the City and Mr. and Mrs. Gene Monnier, dated April 18, 1994, has been terminated or amended by both parties. The City may want to explore this issue further because it is CH2M HILL's understanding that the Monniers are in the process of selling or have sold the property for development. WATER SUPI~.y F~DOC ~.10 912/'2004 Condition No. ~ - Monthly operating reports from the ASR well are required to be submitted to the SFVv3VID. The same operating report form is required for submittal monthly to FDEF. Condition No. 36 - Within 6 months o~ Cycle 6 of the proposed ASR cycle testing program, the City is required to submit to the SFVV'MD results of the testing and a proposed operation schedule and justification of any additional requested allocation. Based on discussions with the City, it appears that the City has or is complying with these conditions. 2.5.3.3 Effect on Wellfleld Capacities l~arlier in this section, it was apparent that the overall welLfield capadties had not declined much, however their firm capadties had by as much as 11 percent. In addition, the limiting conditions of the City's WUP further limits the withdrawal from the City's Eastern, 20-Series, and Goff Course Wellfields. These withdrawal limitations further reduce the available capacity from the City's welLfields, both total and firm, as shown in Exhibit 2-6. As a result of the permit Vtmitations, the total effective total capacity has been reduced by 17 percent to 26.32 mgd, while the firm capacity has been further reduced by an additional 7 percent (18 percent from the original capacity) to 22.65 mgd. 2.5.3.4 Current Status In July 200~, the City submitted a ranewal application to S1WV'MD requesting: · Additional wate~ use allocation, · Increased combined capacity of the 20-Series and GoLf Course We]Lfields, · Renewal for 10 years, and · b~plementation of a reclaimed wat~ system to reduce demands on both the Surficial Aquifer (groundwater irrigation withdrawals) and on the potable water system (~otable irrigation den~ncls). Since the application was submitted, SFWMD has made a request for additional infoz~ation (RAI) in a letter dated August 8, 2003. The request addresses: · Per capita use rates, · ~npacts resulting from a ,maximum_month" pumping scenario, · Consistency with the Everglades Minimum Flows and Levels (MFL) criteria (40E-8 FAC), · Proposed operation of the City's ASR well, and · Justification for the request for a 10-year pctadt. After the letter was received, the City and CI-I2M HILL have met with the SFIArMD and have agreed that a portion of the response may be impacted by some sensitivity modeling currently being conducted by SFI~IVID as part of the Lower East Coast Regional ~gVater Supply Plan (Plan). This modeling would impact whether the City's projected groundwater wi~drawais would "indirectly" impact the Loxaha~hee Wildlife Re~ug,~ (consistency wi~ the Everglades IVIFL criteria) located in western Palm Beach County. This "indirect~' impact is generally caused by the seepage of surface water from the Lake Worth Drainage District (LWDD) canals into the surrounding groundwater caused by the City's wellfields during the typical city season (December through April). The sensitivity analysis is designed to determine whether additional withdrawals above those projected in the Plan would cause adverse impacts to the Everglades MFLs, or whether there was some higher withdrawals rate that would not cause those impacts. WATER ,~UPP~Y PLAN.DOC 2-12 Exhibit 2-6 Historic and Recent Wellfleld Specific Capacities Me~ured Specific Drawdown Capacity Well No. Year gpm feat gpm/foot Eastern Wellfleld PW-2 NA 790 NA NA 1990 790 2.0 395 2001 700 2.0 350 2002 306 5.9 52 PW-3 1972 580 7.6 76 1990 580 12.0 48 1991 352 47.0 7 1993 825 55.0 15 2002 NA NA NA PW-4A 1993 738 22.1 33 2001 500 11.0 45 2002 640 14.8 43 PW-5 1972 500 11.1 45 1990 500 11.0 45 1991 852 37,0 23 1993 850 25.7 33 2001 600 6.0 100 2002 375 11,6 32 F~'V-6 1971 700 8.0 117 19g0 700 6.0 117 lg93 1,000 12.8 78 2002 375 11.6 32 PW-8 NA 650 NA NA 1990 800 15.0 53 1993 725 31.5 23 2001 100 15.0 7 2002 6iX) 43.1 14 PW-9 1972 470 3.8 125 1990 470 8.0 59 1991 840 31.0 27 1993 650 26.3 25 2002 1,125 9.6 117 PW-12 NA 399 NA NA 1990 4O0 1.0 4OO 2001 600 1,0 600 2002 700 3.9 180 PW-14 NA 580 NA NA 1990 490 2.5 196 2001 300 2.5 120 2002 204 1.5 134 PW-15 NA 560 NA NA 1990 560 6.0 93 2001 100 6.0 17 2002 204 17.3 12 PW-16 1970 690 15.0 46 1990 690 15.0 46 1991 562 27.0 21 2001 800 15.0 40 2002 750 28.8 26 Exhlb#s_DP'B3100369639 l.x 1~03343001 g I d $ Exhibit 2-6 Historic and Recent Wellfield Specific Capacities ~easur~l Flow Rate Drawdown Well No. Year ~lpm feet Specific C~pac~ 9pm/four PVV-17 1970 690 16.8 41 1990 6g0 17.1 40 2001 700 17.1 41 2OO2 450 26.4 17 20-Se~el W~llfleld PW-21 1978 800 5.3 150 1990 800 56.0 14 1991 800 72.0 11 1993 950 21.3 45 2001 800 54.0 15 2002 610 75.3 8 PW-22 1977 800 5.3 150 1990 800 9.0 89 1991 1,080 8.2 132 2001 1,080 9 120 2OO2 800 12.7 47 PW-23 1977 1,000 7,1 140 1990 1,000 4.0 250 1991 1,035 62.6 17 2001 1,035 4.0 259 2OO2 1,370 37.7 36 PW-24 1977 1,000 6.7 150 1990 1,000 7.0 143 1991 1,090 7,3 149 1999 1,020 20.3 50 2001 1,090 7.0 156 2002 650 66.7 10 PW-25 1982 1,000 6.7 150 1991 700 72.7 10 1993 900 33.7 27 1999 1,100 23.5 47 2001 700 10.5 67 2002 375 83.4 4 PW-26 1982 1,000 6.7 150 1990 %000 5~,0 18 1991 800 78.0 10 1993 825 45.6 18 2002 NA NA NA Golf Course WJllfleld PW-27 t977 NA NA NA 1991 845 22.9 37 2001 900 22.8 39 2002 720 NA NA PW-28 1984 NA NA NA 1991 985 23.3 42 1999 1,300 26 50 2001 1,300 29 46 2002 1,293 28.1 46 Exhibit 2-~ Hlsioric and Recent We~lflekl Specific C, apacitles Flow Rate Meaaured Specific Drawdown Capacity Well No. Year ~lpm f~at ~lpm/foot Pw-29 1984 NA NA NA 1991 983 22.5 44 2001 1,350 14,6 92 2002 1,400 43.5 32 PW-30 1984 NA NA NA 1991 683 9.3 7'3 2002 583 11.7 51 PW-31 1964 NA NA NA 2002 1,219 36.7 33 PW..32 1984 NA NA NA 1991 592 30.9 19 2002 551 41.7 13 1991 675 40,0 17 2002 650 49.8 13 PW-35 1994 800 2002 1.350 36.8 3;' pWo36 1994 1 2002 1,300 3.4 379 Mmtkaml Park II~bllfleld PW-38 1996 1,000 2002 1,100 5.2 212 PW-40 1996 1,000 2002 825 14.4 57' PVV-41 1996 1,000 2002 1,300 6.9 188 NA = Not applicable or not available gpm = gallons per minute 2.6 Aquifer Storage and Recovery The Cites North Storage Reservoir ASR facility construciJon was completed in 2000. The ASR system was constructed to store finished water from the City's WTP during periods when excess water is available, and to recover the stored water when needed during peak demand periods. The ASR facility provides the City with a powerful water management tool capable of storing millions of gallons of finished water for recovery to supplement flows from the WTP. Under normal opera~ng conditions, treated water is to be recharged into the ASR well during non-peak demand periods. The stored water is then recovered, disinfected, and pumped to the North Storage Reservoir, which is located at the ASR well site. Recovery of water will take place during peak demand periods and periods when the reservoir water level is low. WATE~ SUPP~.Y PLAN.~ ~/'~2/2~04 2-14 SECTION 3 Water Demands 3.1 Introduction This section discusses the historical and projected demands for public water supplies in the water service area, which includes aU of the City and the Town of Gu.ffstream. The City has an agreement to provide the Town of Highland ~each as much 2.0 mgd, based on its demand. The Town, however, is in the process of constructing as a new water supply source and a iow-pressure reverse osmosis (LPRO) WTP, and thus once this faci~ty is fully operational, the City will no longer need to provide this water. Many residents and businesses receive potable water from the City while relying on private wells for irrigation. There are no other potable water suppliers in the City's service area, as depicted in Exhibit 3-1. A description of the effect oI the City's system on these projected water demands is included in this section and compares projected demands with the capacity of the existing public water supply system to meet projected needs. The historical and pro~ected water demands presented herein are for the City's water supply system and do not include water demands supplied by private wells or by other private water supply systems. 3.2 Historical Water Demands 3.2.1 Past Population and Water Usa The past pop-la(ion is depicted in Exhibit 3-2 and reveals Delray Beach's permanent popu- lation estimates provided by the City Planning Depa~h.ent and from past W-UP applica- tions. In April 2003, Palm Beach County provided to the City revisions to the estimated 2000 permanent population. In addition to the permanent population, the County has added a seasonal population of 10 percent, which is consistent with the City's Planning Department estimates and the City's previously approved Comprehensive Plan. Because the seasonal population usually occurs only approximately half of the year (November through April), the 10 percent factor was applied to the permanent population over the entire year by adding a factor of 5 percent. The seasonally adjusted population projections are also shown in Exhibit 3-2. In addition to the City's permanent and seasonal population, the Town of Gulfstream is served by the City's water system and makes up approxima~ly 3 percent of the City's water service area demand. Because the Town's water use is such a minor portion of the City's entire water service area, the rate of growth depicted in the County's population projections was applied to the town's population and included in the total water service area population depicted in Exhibit 3-2. Raw water use is metered before it enters the City's WTP. Total annual, average daily, and maximum daily water use is also shown in Exhibit 3-2. Maximum day to average day ratio , ~ ~u~l~dqe Villa .Oelrav Club £merald Dunes Golf Course r F F ~ll OH2MHILL Polo Club ¢~ub ' Approximate water service area boundary EXHIBIT 3-t City of Delray Beach Water Se~ce Area F has ranged from 1.22 to 1.47. The higher value occurred at the end of the drought in the early 1990s, and the lower value occurred during the SFWMD imposed water restrictions in 2001. During the latter half of 2000, the City began testing its ASR facility using treated water to recharge the well and required increasing withdrawals from the wellfields to accommodate this additional need. Because the City was still in the testing phase, water recovered from the ASR well was sent back to the head of the WTP for additional treatment and redistribu- tion. Therefore, water use for ASR purposes needs to be deducted from the total water use amount to provide a more accurate basis for calculating per capita demands. Exhibits 3-3 and 3-4 also depict the volume of water used as part of the ASR tasting. As of September 2001, the City has recharged approximately 413 mg and successfully recovered 247 mg. 3.2.2 Per Capita Water Use Raw water per capita water use rates range from 221 gpd in 1995 to 273 gpd in 2000 during the height of the recent drought (Exhibit 3-2). The average per capita use during this 13-year period of record is 240 gpd. There has been no dear trend of change in the per capita use, thus it is reasonable to expect that this average per capita value will continue into the future and this will be used for subsequent projections. 3.3 Population and Water Use Projections Exhibit 3-5 depicts recent population projections for both the City and the Town of Gulfstream through the year 2025. These prc~ections were developed by the Palm Beach County Planning Department and reveal an annual rate of growth of between 1.1 percent and 1.6 percent per year from 2000 through 2010. After 2010, the growth rate is projected to decline to a rate less than 0.5 percent per year. By applying the per capita demand estimate of 240 gpcd to the projected water service area population projections, projected average daffy water use demands were calculated and are depicted on Exhibit 3-6. The City's maximum day to average day demand ratio has varied throughout the years, but has been on long-term decline as shown in Exhibit 3-7. Annual water use projections are also shown, In accordance with the SFWMD's Basis of Review for Water Use Permils, the maximum day to average day ratio of water use can be based on average of last 3 years. Based on this approach, a ratio of 1.27 was used and applied to the average daily water use projections and is also shown in Exhibit 3-6, and graphically displayed in Exhibit 3-8. 3.4 Capacity and Demand Comparison After testing the City's water supply wells and factoring in the current water use permit wellfield withdrawal limitations, it appears that the City's current total wellfield capadty is approximately 26.32 mgd, with a firm capadty of 22.65 mgd. WATER ~JF~I.Y PLAN.DOC 3..4 Millions of Gallons Exhibit 3-5 Projected Poputa~on in the City o~ Delray Beach Wa~ Serdce Area Population Oelray Beach Delray Beach Permanent ~ta~onnlly Adjured Gu;;;.beam Year Population' Population~ Population WSA Population 2003 62,079 65,183 2,185 67,368 2004 62,765 65,903 2,209 68,112 2005 63,451 66,624 2,233 68,857 2006 64,456 67,679 2,269 69,948 2007 65,461 68,734 2,304 71,038 2008 66,466 69,789 2,340 72,129 2009 67,471 70,845 2,375 73,220 2010 68,476 71,900 2,410 74,310 2011 68,764 72,202 2,420 74,622 2012 69,052 72,504 2,431 74,935 2013 69,339 72,806 2,441 75,247 2014 69,627 73,109 2,451 75,559 2015 69,915 73,411 2,461 75,872 2016 70,182 73,691 2,470 76,162 2017 70,449 73,972 2,480 76,452 2018 70,717 74,252 2,489 76,742 2019 70,984 74,533 2,499 77,032 2020 71,25t 74,814 2,508 77,322 2021 71,523 75,099 2,518 77,6t7 2022 71,795 75,385 2,527 77,912 2023 72,067 75,670 2,537 78,207 2024 72,339 75,956 2,546 78,502 2025 72,61 t 76,242 2,55~ 78,707 Notes: ~Basad on Information provided by Delray Beach Planning Department and past water use pomfits. 2Permanent population adjusted by a factor of 5 percent to account for seasonal population increase. WSA=water servJse area The bolded years (2005, 2010, 2015, and 2020) are directly reported ;~om the Palm Beach County Planning Department. All other values are interpolated between the County's values. F.~lblts_D FB31003696391.xls/033430019 Exhibit 3-6 ProJected Population and Water Use for the Delray Water ,Service Area Year Ama Population Usable U~e (MG) U~e (MGD) 2003 67.368 240 5,901 16.17 2004 68,112 240 5,967 16.35 2005 68,857 240 6,032 16.53 2006 69,948 240 6,127 16.79 2007 71,038 240 6,223 17.05 2008 72,129 240 6,318 17.31 2009 73,220 240 6,414 17,57 2010 74,310 240 6,510 17.83 2011 74,622 240 6,537 17.91 2012 74,935 240 6,564 17.98 2013 75,247 240 6,592 18,06 2014 75,559 240 6,619 18.13 2015 75,872 240 6,646 18.21 2016 76.162 240 6,672 18.28 2017 76,452 240 6,697 18.35 2018 76.742 240 6, 723 18.42 2019 77,032 240 6,748 18.49 2020 T/,322 240 6,773 18.56 2021 77,617 240 6.799 18.63 2022 77,912 240 6,825 18.70 2023 78,207 240 6,851 18.77 2024 78,502 240 6,877 18.84 2025 78,797 240 6,903 18.91 Par Capita Total Annual Awrage Day Ratio Max. Day / Maximum Day Average Day Uax Use {MGD) 1.27 20.53 1.27 20.76 1.27 20.99 1.27 21.32 1.27 21.65 1.27 21.98 1.27 22.32 1.27 22.65 1.27 22.74 1.27 22.84 1.27 22.94 1.27 23.03 1.27 23.13 1.27 23.21 1.27 23.30 1.27 23.39 1,27 23.48 1.27 23.57 1.27 23.66 1,27 23.75 1.27 23.84 1.27 23.93 1.27 24.02 Exhlblts_OFB31003696391.xl~/033430010 1 Of 1 Max Day to Average Day Factor 1974 1975 1976 1977 1978 1979 1980 1981 1982 1983 1984 1985 1986 1~88 1989 1990 1991 1992 t993 1994 1995 1996 t997 1998 1999 2000 Million Gallons per Day (mgd) Population In addition to the City's water supply wellfield, the WTP can be a constraint with respect to the treatment and distribution of the water to the City's customers. However, with the recent approval from PBCHD, the City's WTP is now rated at a capacity of 26.0 mgd and, thus, should not be a constraint. When comparing the capacity limitations, it is important that the firm capacity of the water supply be compared with the City's projected maximum day demands. Exhibit 3-9 also depicts the projected maximum day demand for the year 2025 of 24.02 mgd, which is approximately 1.4 mgd above the City's water supply wellfield capacity limitation of 22.65 mgd. Therefore, the City will need additional weRfield capacity by the year 2010. The added value of the City's existing ASR facility to offset some of the apparent capacity deficiencies will be discussed in subsequent sections of this Master Platt WATER SUPPLY PLAN,DOC 3-12 st2r'2~4 Million Gallons per Day (mgd) SECTION 4 Demand and Water Supply Management Demand and water supply management is the implementation of policies, procedures, and techniques to reduce the demand on a utility's water supply system. It can include conservation, reclaimed wastewater reuse, and ASR. The following describes the City's current and planned implementation of demand management. 4.1 Water Usage After the City's raw water from its weILfields is treated, it is distributed and is individually metered at each of the City's customer connections. In addition, many of the City's customers have separately metered irrigation systems so that they do not get charged for sewer service on the irrigation water. Data from these metered uses were compiled and used to develop an estimate of the water use for the following four categories: · Residential · Irrigation (from separate meters) · Commerdal Governmental/Ins~imtional Exhibit 4-1 provides an estimate of the percent of water used by the four types of customers: · Irdg~on · Gommer~al [] R~ide~tlal r~ Oov't/In]l. ] Irrigation 15% Commercial 13% Residential 64% EXHIBff 4-1 City of Delray Beac~ Historical Demand by Use Catogo~ WATER SUPPLY F'tAN.DOC 4-1 By applying these percentages to the per-capita demand estimate of 240 gpcd, an estimate of the average daily amount of water used by each category was developed, as listed in Exhibit 4-2. EXHIBIT 4,2 Dis~bu~on of Per ~ Water Use Water Use Category Perc~nt~ (%) Per Csplta Demand (gpcd) Residential 64 154 Irrigation 15 36 Commercial 13 31 Government/Instttutl~al 8 19 Totals 1 O0 240 Although the City has some customers with individually metered irrigation systems, many are not and are thus included in the residential daily per capita rate of 154 gallons. In addition, the City maintains an ordinance that discourages individual homeowners from drilling and constructing their own irrigation wells east of 1-95, and allows them to irrigate using the City's potable water system via separate irrigation meters. Potable water irrigation meters are prohibited west of 1-95. The City has and continues to grow through redevelopment of its downtown and beach areas. In the downtown area, formerly small-use commercial developments (e.g., car dealers, repair shops, and single tenant retail) are now being replaced with high-rise residential condominiums, which tend to use more water than the commercial estab- lishments they replace. Also, as with Boca Raton, the affluent customer base is increasing as the beach area is redeveloped and the new downtown high-end condominiums are being built. The per capita water use has not shown any clear trend of change during the past 10 years (Exhibit 3-2), other than those that were influenced by drought conditions (1991 and 2000) and subsequent water use restrictions (1993 and 2001-2002). Although the City's demo- graphics are changing, it does not appear that the per capita water use has been affected. However, the effect of conservation measures, including the City's proposed plan for implementing reelain~ed water projects within the City during the next 10 years, should reduce the actual per capita water use and is addressed in the following section. 4.2 Conservation The City's conservation plan includes a number of demand-reducing policies and techniques related to: · Landscape Requirements · Ultra-Low Volume Plumbing · Water Conservation Rate Structure Leak Detection Program · Water Conservation and Public Education The following subsections describe each of these policies and techniques in more detail. 4.2.1 Landscape Requirements Landscape requirements are addressed in Section 4.6.16 of the City Code. Landscape irrigation is allowed only between 5:00 p.m. to 9:00 a.m. Rain sensor overrides are required for new systems. Additionally, the following Xeriscape prindples are required: · Preservation of existing native plant communities Re-establishment of native plant communities Site-specific plant materials · Shade trees to reduce evapotranspiration of lower-story plants · Limited amounts of lawn areas · Site development that retains storm runoff onsite · Use of pervious materials for non-landscape and parking areas In addition, li~e City promotes a new publication, ritled 'WaterWise: South Florida Landscapes", which is the SFWMD's new guide to help property owners landscape in ways that conserve both water and our environment. They also have a publication titled "Sensible Sprinkling" that provides assistance with improving the efficiency of automatic sprinkler systems. These publications are available both in hard copy and on line. 4.2.2 Ultra-Low Volume Plumbing Ultra-low volume plumbing is required on all new construction by the Standard Building Code, which the City has been adopted by Ordinance 21-96. Ultra-low volume plumbing includes plumbing devices, such as showerheads, self-dosing and low-volume aerators on sinks, and modem ultra-low-flush toilets. According to the American Water Works Assodation (AWWA), up to 30 gallons per day can be saved by replacing one older, 7-gallon-per-flush toilet with a modern ultra-low-flush toilet that uses only 1.6 gallons per flush. Unlike older models that rely on a large volume of water to remove waste, ultra-low-flush toilets use an efficient bowl design and increased flushing velocities. Designs have improved in recent years, and good quality ultra-low-flush toilets work as well as and often better limn older toilets. 4.2.3 Water Conservation Rate Stru tur The City has implemented a mandatory water-conservation based rate structure, which is contained in Chapter 52 of the City's Code. The conservation-based rate structure is presented in Exhibit 4-3. EXHIBIT 4-~l City of D~my Conserva~ Rate Structure Co~t per 1,000 Gallons, Colt per 1,000 Gallons, Water Use Inside City Outside City 0 to 3,000 gallons 4,000 to 20,000 gallons 21,000 to 35,000 gallons 36,000 to 50,000 gallons Above 50,000 gallons $1.24 $1.55 $1.36 $1.70 $1.50 $1.88 $1.63 $1 2.04 $1.86 $2.33 In add/tion to the above block rate structure designed to promote water conservation, l/re City has also implemented a water shortage surcharge, also designed to promote further water conservation. The surcharge has been established in an ordinance and is enforced as shown in Exhibit 4-4. EXHIBff 4-4 Water Shortage Surcharge ImDtement/d/on SFWMD Water Target Reduction In Shortage Phase Water Use (%)" Surcharge Added to Water Usage Charges (%) I 15 15 II 30 30 III 45 45 IV 60 60 aTarget reduction In water use is p~r the SPA'MD water shod;age requirements. An example of how this surcharge would be implemented is if the SFWMD declares a Phase II water shortage, then if a customer uses 25,000 gallons per month within the City their monthly usage charge would increase from $37.50 to $48.75 (30-percent increase). 4.2.4 Leak Detection Program Over the years, the City has esi/mated its water loss in its system by comparing the amount of water produced from the WTP to the amount of water billed to customers. Exhibit 4-5 summarizes those estimated annual average losses. EXHIBIT 4-5 Estimated Water System C0~es Fiscal Year Es~n~tod Water Lo~s (%) 1997-1998 15.38 199-1999 12.23 1999-2000 4.42 2000-2001 12,61 2001-2002 12,62 In fiscal year 2002/2003 the City of Delray Beach, as part of the~ continuing water conser- vation effort, initiated a proactive leak detection program~ The program is admires' tered through the Water & Sewer Network Division of Public Utilities. State-of-the-art equipment was purchased that utilizes sonar to identify and locate leaks within the distribution system~ Approximately 1,200 line segments will be evaluated this year with approximately 3,000 line segments to be evaluated next year as employees become more proficient with the new equipment. Line segments vary in length depending on the distance between fixtures (i.e. valves, fire hydrants, etc). The distribution system will be evaluated from the eastern part of the City to the western reaches of the system. As leaks are detected, they will be marked and a work order will be issued for the repair. This will be an ongoing program and will help reduce the amount of uuaccounted water as well as reducing the percentage of total water loss. 4.2.5 Water Conservation and Public Education The City is in the process of formalizing a Water Conservation Plan document that will indude all of these components, as well as a schedule for periodically reviewing and updating the plan as necessary. Water conservation and public education regarding conservation are addressed at neighborhood meetings, town hall meetings, and other appropriate venues where customers are present. The City provides pamphlets and brochures on water conservation at City Hail, the Chamber of Commerce, and other municipal facilities. Additionally, the City has hired a Public Information Officer to promote public awareness of water conservation issues. Although the City is incurring a noticeable change in land use in the downtown area from commercial with relatively Iow water uses, to higher-end multi-family residential, which generally has higher per capita water use, it is expected that the City's proactive approach toward conservation should offset any of these potential increases. 4.3 Reuse of Reclaimed Wastewater The City, in conjunction with the City of Boynton Beach and the South-Central Regional Wastewater Treatment Facility (SCRWWTF), is implementing a wastewater reuse program to reduce demands on the local groundwater sources and direct reduction of potable demands. Currently, the SCRWWTF provides tertiary treatment of up to 4 mgd of flow for reclaimed water use via irrigation onsite and offsite at designated golf courses and neighborhood green spaces within the City of Boynton Beach's service area. The SCRWWTF is anticipated to be converted to 100-percent reuse quaUty effluent before 2013. To identify means to achieve reclaimed water use within the City's service area, a Reclaimed Water Master Plan has been prepared. The purpose of the Master Plan is to serve as a planning document for which reclaimed water can be implemented in phases as capital improvements are budgeted and scheduled throughout the City. Based on the first phase of the Master Plan, the City has elected to proceed with the implementation of the reclaimed water system within the City in a four-phase approach. The phases are geo~aphically disbursed across the four quadrants of the City and are based on proximity to the SCRWWTF, expected customer base, and other factors. A map of the WATER SUPPt.Y PtAN.DOC 44 ~/1~2004 area where reclaimed water is provided is shown in Exhibit 4-6, trod is describ~l in F~hibit 4-7. Replacement of Surficial Aquifer withdrawals from irrigation wells with reclaimed water as part of Phase 1 is in the southwest section of the City, which is in the general vicinity of the City's 20-Series and Golf Course Wellfields. Because the irrigation withdrawals are being reduced from the Surficial Aquifer, and because they are near the City's main welttields (20-Series and Gott Course), any reduction should be a direct c~dit toward additional allocation from the City's wellfields. In addition, once the City begins providing rec~a~me~ water service to customers who ordinarily would have drawn their irrigation demands from the potable water system, a direct reduction of the demand projections would be reflected in the City's WUP allocations. To accommodate available funding, the phases are expected to occur during a 20-year period. ]Crt addition, this time frame will allow the SCR'vVWTF to complete its conversion to 100-percent reuse quality water and to develop an ordinance that will require customers to connect to the reclaimed water system, depending on thei~ proximity to the reclaimed water pipelines. During this period, it is expected that the reclaimed water system will replace both current groundwater and surface water withdrawals and potable demand on the City's systen~ Exhibit 4-8 provides an estimated timeline for implementing the four phases and the estimated amount of groundwater, surface water and potable that is replaced. Exhibit 4-8 reveals that groundwater and surface water withdrawals will be replaced by a portion of the reclaimed water system during ali four phases of the project, while potable water demand offsets do not occur until after the first phase is complete. By removing existing withdrawals from groundwater and surface water sources, the City can obtain a proportionate credit from SFWMD toward additional allocation from the Surficia] Aquifer. Examining the WUP from residential, golf course, and institutional users in the various areas of the City, it appears that approximately 2.0 mgd and 0.7 mgd of groundwater and surface water allocations would be offset, respectively. The amount to be credll~! will be determined following the completion of the City's water use permitting. In addition to the offset of groundwater and surface water allocations, the City will begin removing customers off of the potable system during the second phase (2008-2013). Assuming all of the infrastructure and agreements are in place by the end of the respective last three phases, a possible reduction in the City's projected demands may occur. Exhibit 4-9 depicts the possible reduction in demand, and revefds that if these potable water offsets are in place, that the 2025 maximum day demand of 24.02 mgd could be reduced by as much as 0.9 mgd. This could then extend the need for additional water supply until 2015. Phase 1 of the recJaimed water system is curre~tiy in design and consists of the addition of a ground storage tank at the SCR~ArVVTF, with a portion of the transmission line to the City municipal golf course to be constructed this year. Next year, the City plans to indude the extension of the transmission main toward the new Atlantic High School. 4.4 Aquifer Storage and Recovery Water use in Deiray Beach, similar to most South Florida communities has historically shown a seasonal pattern of use. Exhibit 4-10 depicts the past monthly water usage from Exhibit 4-6 City of Deiray Beach ~H~II~HlU.. EXHIBIT 4-? Proposed Phasin~l for Dekay Beach's Redalmed Water Program Phase Deecrlpt~on Types of Use Purpose Southwest Delray Beach- Atlantic Boulevard south and west of Congress Avenue 2 Northeast Delray Beach-The Residential and golf course Barrier Island, Including the irrigation Town of Gu;;'~,b~am (along Ocean Outfall Pipeline corridor) Northwest Delray Beach- Condominium Associations Southeast-Atlantic Boulevard to Miller Park RssidenUal, govamment/institutional, and golf course irrigation Residential Residential and govemmenffinstitutlonal Replace existing groundwater withdrawals from ir~gation wells Replace existing groundwater withdrawals from irrigation wells and potable water Irrigation Replace existing groundwater wt~drawals from Irrigation wells Replace existing groundwater wilhdrawals from ir~gation wells and potable water irrlg~on 2000 through 2003. The average pattern of water use during this 3-year period was used to project monthly water use through 2013 and is also shown on Exhibit 4-10. The reason projections were only through 2013 is because the City's WUP is only expected to be permitted for 10 years. Thus, projections of use of the ASR well are dependent on how much water is allocated by SFWMD and beyond 2013 would be difficult to predict at this time. There are a variety of ways an ASR well can be used to supplement the City's existing water supply source. One possible operational mode for the ASR well would be for the City to operate the wellfields with two seasonal maximum day allocations. In the wet season (June- October), the wellfield would be operated to meet demands up to the average month allocation of 552 million gallons (MG) requested as part of the City's WUP application. During the dry season (November-May), the wellfield would be operated to meet demands up to the average monthly allocation minus the capacity of the ASR well (e.g., 3.0 mgd). Additional dry season demand would be met with water from the ASR well. A second poas~le way would be to operate the City's water supply wellfields on an annual average basis (i.e., approximately same flow ram every day from the wellfields). When daily demands are below this average flow rate, the excess water would be used to recharge the ASR well. When daily demands are above the average flow rate, the ASR well would be used as a water supply source to meet the demand. This method of operation would result in wellfield withdrawals being maintained at a constant rate throughout the year. Exhibit. 4-11 depicts the estimated volume of water available to recharge or required to recover from the ASR if the average monthly operational mode is used. This analysis assumed that the water available to recharge or required to be recovered was the difference between the projected water use for the month and the theoretical amount of water that could be withdrawn and still stay within the requested annual permit allocation from SFWMD. Under this scenario, the City would not theoretically need to recover from the ASR until approximately 2011. However, until the City receives their WUP from SFWMD and the ASR facility is fully operational, it is difficult to assess the best operational approach for the City. WA'rER 8Uf~I.Y 5/12/2004 m Million Gallons per Day (mgd) m Volume of Water (Million Gallons) Section 5 Water Supply Enhancements When examining the enhancement of the City's water supply, it is important to consider options that optimize the City's existing supply source - the Surficial Aquifer. By examining these options first, the City takes advantage of existing capital invested in the water supply and water treatment processes. Once the City considers other sources of supply, the inve~,ent in capital to develop, convey, and treat the new source of water increases. Therefore, the following water supply enhancement options begin with the optimization of the Surficial Aquifer, followed by other poten~l sources of supply. Rehabilitation of existing wells Expansion of existing wellfields · Replacement wellfield for Morikami Park · Floridan Aquifer blending · Flor~cl~ Aquifer with membrane treatment · Seawater desalination The first three alternatives consider the same source of supply-the Surficial Aquifer-while the last three focus on alternative water sources. 5.1 Wellfield Rehabilitation Over the years, the City has proven that through regular testing and rehabilitation of its existing water supply wellfields, additional capacity can be achieved at lower operational costs. Based on previous experience with rehabilitation of the City's wellfields, along with experience with other water utilities, an es~nate of the increased capacity potential can be made. Assuming that typical rehabilitation efforts can return a well to within 70 to 75 percent of its original specific capacity, and assuming no other hydraulic constraints such as pumps, pipe sizes, etc., the estimated firm capacity of the City's wellfields could be increased by approximately 7 percent to 24.26 mgd. Exhibit 5-1 presents the estimated increases as a result of rehabilitation efforts on the City's wellfield. By conducting regular rehabilitation on the City's existing wellfields, and even with the current permit limitations, the City should be able to extend their existing water supply to meet demands through the year 2025. This, however, is still dependent on how the current water use permitting process proceeds with SFWMD. 5.2 Expand Existing Wellfields Three of the City's four wellfields - Eastern, 20-Series, and Golf Course - are all located within a mile and a haft of each other and are surrounded by exisling residential, com- mercial, or light industrial properties and offer little opportunity for expansion. The Eastern and 20-Series Wellfields are not in locations well-suited for expansion~ The Eastern Welffield is limited in its withdrawal capacities l~ocause of permit restrictions caused by the threat of salt water intrusion. ~zt addition, because this wel]field serves as backup and standby only, additional weJ1 capacity would not be feasible. The 20-Series Welffield is in an area of past groundwater contamination and, thus, would also not be conducive to expansion. Based on the existing layout and spacing of the existing Go~f Course Wellfield, there may be room for the addition of one or two additional wells at the nozth end of the City's municipal goff course near Atlantic Avenue. The primary concern for expansion of this wellfield would be the drawdown impact on the lakes in the golf course and possible wellfield protection issues related to contaminated commercial or industrial facilities along Atlantic Avenue or within the Congress Park northeast of the golf course. Morikami Park Wellfield has the greatest expansion potential because agreement has been reached and easements have been obtained from Palm Beach County to construct an additional eight wells in the park. The pipeline is in place from Jog Road west toward the Morikami Museur~ Improvements have been completed to increase the delivery of water into the park lakes from LWDD canals and a mechanism to hydrate isolated cypress wetlands near well PW-40. These improvements were made to compensate for increased water table drawdowns caused by the withdrawals from the City's water supply wells. Water use issues related to the construction of well PW-37 and the J.M Orchids property, however, must be resolved before this well could be constructed (see Section 2.3). Based on existing well capacities, these eight wells would add up to approximately 11.5 mgd of potential additional water supply. The major problem with the expansion of Morikami Park relates to water quality. As was reported in the Alternative Treatment Feasibility Study (CH2M H/LL, June 2001), Morikami Park wells have the highest color and organics concentrations of any of the City's welifields. This increase in color and organics causes the City to sometimes approach and even exceed the secondary drinking water standards for color of 15 CU. Although not a health risk, this relatively high color is an aesthetic problem for water customers. In addition, two of the currently regulated primary drinking water standards- HAAs and TI'HMs-axe DBPs that may be a concern for the City in the future. The City has implemented the addition of ferric chloride at the WTP to reduce the color and associated organic concentrations. This improvement to the City's treatment system may allow the City to expand the Morikami Park Wellfield, ff needed, for additional water supply despite the high color and organics. 5.4 Floridan Aquifer A separate source of water the City has available is the Floridan Aquifer. The Floridan Aquifer in south Palm Beach County is a relatively deep, confined aquifer and is separated from the shallower Surficial Aquifer by more than 500 feet of the day, limestone, and sand from the Hawthorn Group. Generally, the depth of the top of the Floridan Aquifer starts around 800 to 900 feet and extends several hundred feet f~rther down. Exhibit 5-1 depicts a geologic and hydrogeologic cross section of the Floriclan Aquifer in Delray Beach and its relationship to the City's current source of supply, the Surficial Aquifer. This cross section is based on drilling conducted on the ASR well located at the City's North Reservoir. Water quality in the Floridan Aquifer is brackish with high dissolved solids. It tends to degrade with depth. Therefore, the upper Floridan Aquifer is the portion generally used for water supply purposes. There are three possible uses of the Floridan Aquifer in South Florida: · ASR · Blending · Source Water The City currently uses the upper Floridan Aquifer for ASR at its North Reservoir, north of City Hall. The City of Boynt~n Beach also uses it for ASR purposes at their East WTP. A second use of the upper Floridan Aquifer includes blending the brackish water with water from conventional fresh water supplies, such as the Surficial Aquifer, and treating it with conventional WTP processes to meet drinking water standards. The Florida Keys Aqueduct Authority (FKAA) is planning to use it for blending purposes at its WTP in Florida City. Finally, the Floridan Aquifer can be used as a separate source of water, but requires LPRO treatment processes. The only utility in the immediate area of Delray Beach that uses the Floridan Aquifer is the City of Highland, which is currently in the final stages of construction of the wells and an LPRO WTP. Because the City already is using ASR for water supply demand management purposes, and a separate section of this report is dedicated to expansion of the ASR concept in the City, the following discussion will be focused on blending and source water supply from the upper Floridan Aquifer. 5.3.1 Floridan Aquifer Blending Currently the water quality of the Surficial Aquifer, except for color, generally meets all drinking water standards (DWS). Water from the Floridan Aquifer, however, has many more dissolved solids and does not meet DWS for a number of parameters. The parameters of concem are generally sodium, sulfate, chloride, total dissolved solids (TI)S), and radionuclides. Sodium and radionuclides are primary DWS and the other three are secondary DWS that are generally aesthetic in nature and are regulated by the state. Other aesthetic parameters, such as odor and taste, may also be issues as a raw water source, but as recently demonstrated at the FKAA WTt'; the aeration lime softening and residence time should reduce the odor and taste to below the established DWS. Although the Floridan Aquifer does not meet some DWS, by blending a relatively small percentage of the wate~ with the raw water from the City's existing Surficial Aquifer welifield, DWS can still be met when the water leaves the WTP. By u~ili~ing the Floridan Aquifer as an alternative source of water, the City will be able to reduce the use of the Surficial Aquifer wellfields during times of dry conditions and/or high water demands. The amount of water that can be blended from the upper Floridan Aquifer with the City's raw water supply is based on the blended concentrations of the above parameters of concern entering the WTP. Except for TI)S, odor, and taste, all of the other parameters are not materially affected by the treatment processes and thus need to meet their respective DWS before they enter the WTP. A blending analysis was conducted utilizing the most recent water quality data from the City's raw water supply and the upper Floridan Aquifer. Data on the upper Floridan Aquifer were obtained during the d611;~g, construction, and testing of the City's existing ASR well at the North Storage Reservoir, Exhibit 5-2 presents a summary of the blending results and reveal that as much as approximately 4 percent of the raw water demand can be met by blending water from the upper Floridan Aquifer, which, depending on the City's demand, can range from approximately 0.7 to 1.0 mgd. EXHIBIT Estimated Bleads from ~e Upper Roddan AquEer Total Existing Demands (mild) Demand Wellflelds Florldan Blended Percent Aquifer Blend of Total 2003 Average Day 16.1 15.4 0.7 4.3% 2025 Average Day 18.7 17.9 0.8 4.3% 2003 Maximum Day 20.0 19.2 0.8 4.0% 2025 Maximum Day 24.0 23.0 1.0 4.2% 5.3.2 Floridan Aquifer with LPRO Treatment Because of the high TDS concentrations in water from the Floridan Aquifer, LPRO, a form of high-pressure membrane water treatment, is required for the upper Floridan Aquifer to be considered as its own source. As part of the RO treatment, a stream of highly mineralized concentrate would be generated requiring disposal either in the sanitary sewer or ocean ouffall system or into a deep injection well. S'm~ilar to the blending well, the location of the Floridan Aquifer source wells would be more than ILkely constructed on the WTP property or nearby to minimize piping to the WTF. The RO system designed to treat the brackish water could be located on the grassed area south of the WTP site. Water from the RO facility system could be blended with the City's existing lime-softened water. Issues related to well siting, potential impacts to the City's ASR system and other neighboring Floridan Aquifer wells (e.g., Highland Beach and Boynton Beach), and concentrate disposal would have to be considered. 5.4 Seawater Desalination Desalination is the process of u~lizlng high-pressure reverse osmosis (HPRO) to remove salts and other ions from seawater. HPRO membranes used in the process are semi-perm- eable, allowing passage of smaller water molecules, but restricting passage of dissolved minerals, and other material, such as colloidal particles and dissolved organics. The feed water is separated into a permeate, and the remaining water that contains the rejected minerals is the concentrate stream. According to a report prepared for the SFW1VID (~une 2002), the first successful seawater RO plants were installed in the Middle East in the late 1970s, approximately 10 years after the brackish water RO process was first used in the United States. These early seawater plants were designed as two-pass systems. The combination of membranes with relatively high salt passage (approximately 1 percent) and the high salinity of the source waters (Red Sea and Arabian Gulf) required that most, ff not all, of the permeate generated from the first pass be sent through a brackish water RO system to yield a product with less hhan 250 mg/L of chloride (State Secondary Drinking Water Standard). As membranes with lower salt passage were developed, single-pass desalination of high TDS seawater became possible. Membrane improvements, improvements in pretreatment technology, and a better under- standing of the causes of membrane fo,,li,~g resulted in less membrane deaning and replacement. The most effective pretreatment for any surface water seawater intake to be used as RO source water is membrane filtration. This technology has been tested using pilot facilities in Tampa Bay, Florida; California; Texas; and other locations. At Tampa Bay, long process run times between cleanings with almost no change in feed pressure related to fouling were achieved using membrane pretreatment. For the City, a desalination facility would most likely need to be constructed near the source of water, which would more than likely be the barrier island. Constr~ction costs for desali- nation generally range from $3.25 to $3.50 per thousand gallons treated (SFWMD, 2002), which is higher than most other forms of treatment, such as conventional lime softening ($1.00 per thousand gallons) and LPRO treatment of the Floridan Aquifer ($2.00 to $2.50 per thousand gallons). Operations and maintenance (O&M) costs are also high for desalination, with pumping and electricity responsible for more than half of the O&M costs. Because of the availability of less expensive water supply and treatment options, desalination will therefore not be considered further. 5.5 Summary Based on the preliminary feasibility of the water supply enhancement options described in this section, the following will be further developed in the next section: Wellfield Rehabilitation Expansion of Morikami Park Wellfield · Optimization of ASR · Development of Floridan Aquifer for Blending · Development of the upper Floridan Aquifer and LPRO Expansion of the City's other existing wellfields, replacement of the Morikami Park Wellfield and seawater desalination are not considered cost-effective or feasible at this time. WATER SUPPLY PLAN,DOC SECTION 6 Alternatives Analysis 6.1 Introduction As part of the previous two sections, a number of demand-reducing and water-supply- enhancing technologies and approaches have been described. This section focuses on evaluating them and providing a mechanism for prioritizing them into a plan that can be implemented over time. Exhibit 6-1 summarizes the demand-reducing and water-supply- enhanc~g techniques and approaches being considered. EXHIBrr e-1 Demand-Reducing and Water-Supply-Enhancing Techniques and Approaches Demand Reducing water Supply Enhancing Reclaimed Water Program Wellrmld Rehabilitation Expansion of Mortkami PaS Wellfleld Optimization of ASR Facility Floridan Aquifer Blending Florldan Aquifer with LPRO Treatment These techniques and approaches will be developed further in this section, along with budget-level opinions of cost. 6.2 Demand Reduction Demand-reducing techniques and approaches are those that reduce demand on the City's water system through voluntary cut backs on consumption from customers to replacing potable water use with alternative sources of water, such as reclaimed wastewater. 6,2.1 Conservation The City currently has an extensive conservation plan and continues to implement new techniques and approaches to conservation. The following conservation policies and ordinances are in place: Section 4.6.16 of the City Code prohibits irrigation outside the hours of 5:00 p.n~ to 9:00 a.m. · Rain seztsors are required for new irrigation systems, and Xeriscape principles are required for new landscaping. Ordinance 21-96 requires ultra-low volume plumbing fixtures in all new construction in accordance with the Standard Building Code. 6-1 WAT ER SUPPLY PLAN. DOC Chapter 52 of the City's Code dictates a water-conservation-based block rate structure and a water shortage surcharge. · State-of-the-art leak detection devices were purchased by the City and are being used to locate leaks with the City's distribution system. More than 4,000 line segments are expected to be evaluated during the next couple of years. · A reclaimed water program is being implemented that will help offset both current groundwater and surface water withdrawals, but also some potable water demands. The following section describes the City's reclaimed water prograxru The current growth within the City is generally high-end uses on the barrier island and redevelopment of the downtown and U.S. 1 corridor area. Although it is expected that the new uses in these areas could increase the City's overall per capita demand, the City's proactive conservation program should help to offset any increases from the new development Over time, once these conservation practices become part of the City residents' everyday life, there is a possibility that the per capita rate may even decline. However, it is difficult to quantify the actual impact conservation will have on per capita use, espedally with all of the variables outside of the City's control. 6.2.2 Reclaimed Water Program The reclaimed water program being implemented by the City will potential reduce potable water demands in the future by as much as 0.9 mgd. This demand reduction is expected to occur starting with the second phase between 2008 and 2013, and extend through 2023. Exhibit 6-2 depicts the possible reductions in average and maximum day demands as a result of implementing the four-phase reclaimed water program. This chart projects that the water demand will be reduced at the end of each of the phases (i.e., 2008, 2013, 2018, and 2023). Earlier reductions may occur once infrastructure is in place, but this was considered a conservative estimate. 6.2.2.1 Approach The City has already developed a phased approach for its reclaimed water program and has been fully documented in the recently completed Reclaimed Water Master Plan (Mathews Consulting, Inc., December 2003). Exhibit 6-3 summarizes the City's planned course of action in implementing reclaimed water throughout the City. 6.2.2.2 Opinion of Capital Cost Based on the opinion of capital cost information provided in Master Plan, Exhibit 6-4 depicts the opinion of probable capital cost for the reclaimed water program. 6.3 Water Supply Enhancement Water-supply-enhancing technologies and strategies are those that add additional water supply capacity to the City's existing source of raw water. Those being considered indude rehabilitation of the City's existing wellfields to increase capacity, expanding the Morikami Park Wellfield, optimizing the existing ASR facility, and ufillziqg the Floridan Aquifer for blending and eventually a source of supply with LPRO treatment. '11 Million Gallons per Day (mgd) Phased Implemenla~n Plan for Ihe C. Ay's Reclaimed Water Program Phaea Description Potable Water Years to be Supply Off.~ Implemented (gallon.) 2 3 4 Southwest Delmy Beacl~Residentlal. Golf Course and Institutional (Areas 1-5) Barrier Island-Residential and Golf Course (Areas 12-14) Northwest Delmy Beach-Condominium Associations (Areas 6-8) East Delray Beach-Residential and Institutional (Areas 9-10. 15-16) 2003-2008 0 2008-2013 475,536 2013-2018 221,081 2018-2023 166,367 Total EXHIBIT 8-4 Opinion of Probable Capital Cost for the Ci~s Redalmed Water Program Phaea Capital Co~t 1 - Southwest Delray Beach-Residential, Golf course and Institutional (Areas I-5) 2 - Barrier Island-Residendal and Golf course (Areas 12-14) 3 - Northwest Delray Beach-Condominium Associations (.Areas 6-8) 4 - East Delmy Beach-Residential and Institul~onal (Areas 9-10. 15-16) Subtotal Construction Englnea~tng. Permitting, and Legal (15%) Contlngea,:y (10%) $5,378,596 $3,548,174 $3,798,032 $2,479.088 $15,203,890 $2,28O,583 $1,520,389 Total Opinion of Probable Capital Cost $19,004,863 6.3.1 Wellfleld Rehabilitation Wellfield rehabilitation has proven to be a successful and cost-effective approach to maintaining and increasing capacity in the City's wellfields and in other local communities. 6.3.1.1 Approach The City can take two approaches with respect to wellfield ~ehabi]/tation: 1. Conduct as a capital project with a full-scale wellfield rehabilitation effort on selected wells similar to what was completed in 1992 2. Conduct the wellfield rehabilitation as an ongoing O&M program The first approach would allow the City to expend the money as a capital project and possibly save costs by implementing the rehabilitation efforts under one contract If the City decides to take this approach, then based on recent testing results the following list of wells should be considered for rehabilitation. WATER ~PLy PL~.DOC 6-4 ~12/2004 Wellfl~ld Wells 20-Serlee Golf Course Morikaml Park Eastern PW-21 - PW-25 PW-27, PVV-29 - PW-34 PW-40 PW-2. PW-5, PW-6, PW-8, PW-15, PW-t6, PW-17 If, on the other hand, the City elects to continue wellfield rehabilitation as an ongoing O&.M process, then it is suggested that the wells be prioritized in the order listed above. Regardless of the approach, the City should maintain an annual wollfield rehabilitation program, focusing on the 3 to 4 wells with the lowest specific capacities each year. By conducting the rehabilitation, not only does the City potentially increase the overall capadty of their weIlfields, but the improvement in specific capacity can also decrease the cost of power to operate the well pumps and motors. An example of the cost savings from wellfield rehabilitation efforts in depicted in Exhibit 6-5 and was from the City's wellfield rehabilitation efforts in 1992. EXHIBIT Estimated Annual Power Cost 8a~ings from We~l Rehabllita~n1 Current ProJected After Rdaabllltatlon Esflrnated Annual Saving~ $229,4000 $149.700 $79,700 Notes: 1Annual power costs am based on the aggregate of the power ceet~ from each oftba wells, which are based on currant and projected flow rates and head conditions. 6.3,1.2 Opinion of Capital Cost Exhibit 6-6 presents the opinion of probable capital cost for the rehabilitation of selected water supply wells. In the event the City proceeds with well rehabilitation as part of an annual O&M program, the City can expect the cost to range from $10,000 to more than $30,000 per well. EXHIBIT Opinion of Probable Capital Cost for Rehabilitaliofl of Ihe Ci~s Wellfields Phaee Capital Cost Full-Scale Wellfleld RehabilitaUon (Including wells PW-21, PW-22, PW-23, PW-24, $260,000 PW-25, PW-32, PW-34, PW-5, PW-6, I~N-8, PW-15, PW-16, and PW-17) Engineering, Pen"nlffing, and Legal (15%) $39,000 Contingency (20%) $52,000 Total Opinion of Probable Capital Co~t $351,000 6.3.2 Expansion of Modkami Park Wellfield The City has expended considerable capital in siting and cons~ucting a raw water pipeline and three water supply wells in Palm Beach County's Morikami Park. In addition, sites for eight additional wel/s have been secured by easement from Palm Beach County. Except for one well near the southeast comer of the park, which has been prohibited from being constructed by SFWMD because of wellfieid protection concerns on the J.M. Orchids property to the north, all other wells have been preliminarily permitted as part of the City's water use permitting process. Therefore, except for concerns regarding increased color concentrations from this well_field, this is the most feasible location to construct new wells. 6.3.3 Optimization of ASR Facility The City's ASR facility provides up to an estimated 2.0 mgd to 2.5 mgd of additional water supply, but is limited by the water supply allocation permitted by SFWMD. In addition, the full capacity of the well will not be known until it is rehabilitated, which is planned to occur in the second quarter of 2004. However, for purposes of this altemative, it is assumed that the ASR well will have a capacity for recharge and recovery of 2.0 mgd. 6.3.4 Floridan Aquifer Blending Two approaches to Floridan Aquifer blending were previously presented - ufil;~ing the existing ASR well and constructing a new Floridan Aquifer well. The first option appears to have the most merit because the capital for constructing the well has been expended and any new water supply well would require design, permitting, and construction and could potentially be in conflict with the operation of the existing ASR well. Thus, a new Floridan Aquifer well for blending will not be considered. 6.3.5 Floridan Aquifer with LPRO Treatment Several water utilities in Palm Beach have or are proceeding toward the use of the upper Floridan Aquifer for a direct water supply and treating the water ufil;=ing LPRO (e.g., Jupiter, Highland Beach, and Boynton Beach). Although it appears that the City should have sufficient water supply through 2025, assuming the previous technologies and methods have been implemented, it is good idea to have a contingency plan in place in the event conditions change and another source of water is required. This requirement will be driven not by the amount of wellfield capacity, but instead the limitations SFWMD places with respect to its WUP. Thus, the City should consider examining the possibility of utilizing the upper Floridan Aquifer for future water supply, along with LPRO treatment. 6.4 Alternatives Workshop On January 14, 2003, a workshop was held with some of the City's Environmental Services Department key staff to review the Master Plan development and the alternatives being considered and the final approaches to be considered. With the City's effective use of conservation and implementation of its reclaimed water program, the City should be able to meet future demands through the year 2010, and possibly 2015 with Phase 2 of the reclaimed water program implemented, with its current source o~ supply and wellfields. Implementing wellfield rehabilitation, either as a capital project as an overall wellfield approach or on a well-by-well basis as part of the City's O&M process, will further to help the City maintain its current w~ter supply. Which approach the City elects to take for wellfield rehabilitation will be based on available funding. In addition, full u~iliT~tion and optimization of the City's ASR facility, following successful completion of the City's water use permitting process and well rehabilitation efforts, will also assist the City in "stretching" its existing supply to meet future demands. The use of the ASR well as a blending well should only be considered under an extreme drought or emergency situation and could provide as much as 0.9 mgd in additional water supply. Finally, although it does appear it will be required, utilization of the Floridan Aquifer as a source of supply and LPRO treatment should be considered as a contingency in the event conditions change in the future. WATER SUPPLY PLAN. DOC 6-? SE~_-i'iON 7 Recommended Implementation Plan 7.1 Introduction Now that an approach for meeting the City's future water supply demands has been developed, this section describes the implementation plan and schedule for the approach. Also, because of the importance of the City's WUP in its overall water supply plannLng process, the water use permitting process will also be described in this section. 7.2 Implementation Approach The approach to implementing these water supply master plan recommendations is directly related to the City's water use permitting process, which is c~rent~y ongoing. Thus, the approach for implementing this plan will be presented as a direct link to the permitting process. 7.2.1 Demand-Reducing Alternatives 7.2.1.1 Conservation and Reclaimed Water Program Because the City is already implementing conservation mchniques and is beginning to implement a four-phase reclaimed water program, the City should proceed with these programs to reduce overall customer demand. These ongoing efforts will help the City to 'stretch" its existing supply and defer the need for altemative sources of water supply, such as the Floridan Aquifer. However, until such measure implemented, it is difficult to fully assess their impact on the City's customer demands and thus will only be considered as part of an annual tracking system to assess actual demands versus those forecasted. 7.2.1.2 Annual Demand Tracking and Comparison To assess the effects of the City's conservation measures and the reclaimed water program to offset demands, it is suggested that the City develop a tracking system that can be used to compare actual demands semi-annually as compared to those forecasted as part of this plan. This would allow the City to assess tf and when other water-supply*enhancing alternatives, such as the increased use of the ASR well or the Floridan Aquifer, may be needed and proactively develop a plan accordingly. 7.2.2 Water Use Permitting The City is currently in the process of obtaining a renewal of its WUP from SFWMD. Most recently, SFWMD has requested information from the City regarding it's: · Per capita demands, · Projected water supply demands based on the revised per capita, · Maximum month peaking ratio, · Impacts of the City's projected withdrawals on the Everglades MFLs, · Planned uH11=ation of the City's ASR well, and · Permit duration. All of these issues have been addressed by the City, except for the Everglades MFLs, in a letter dated February 3, 2004. The Everglades M-FL issue has been deferred because of a recent development within the SFWMD's organization regarding impacts to MFLs from future withdrawals by public water suppliers. This effort has been underway to adch~s public water supplier concerns, as part of the Water Resources Advisory Committee (WRAC), regarding the SFWMD insistence on utilizing the projected water demands from the Lower East Coast (LEC) Regional Water Supply Plan as the guide for future permitted water use allocations. Thus far, any public water supply (PWS) utility, regardless of its size, that is at or below the projected LEC plan demands does not have to conduct any analysis on impacts to MF~. However, if a PWS utility is above the projected LEC plan demand, then rigorous groundwater modeling needs to be conducted to assess the PW$ projected impacts on MFLs. However, recent groundwater modeling conducted by SFWMD has indicated that even with an increase in demands of as much as 20 to 50 percent above the LEC plan numbers, no adverse impacts would occur to the Everglades MFLs. The only exceptions to this were the Cities of Fort Lauderdale and Sunrise in Broward County and Miami-Dada Water and Sewer Depa~tuamt (MDWASD). 7.2.3 Supply Enhancing Altematives 7.2.3.1 Welltleld Testing and RehabilitaUon To optimize the City's existing water supply capital expenditures, in particular the existing wellfields, the City should implement a formal testing and rehabilitation program to increase their capacities. As part of its annual repair and replacement program, the City should proceed with the design and procurement of a well rehabilitation contractor to improve the performance of wells whose capacities have declined. Because the City currently relies on the 20-Series, Morikami Park, and Golf Course WeIlfields as their primary source of supply, the rehab'flitation should be focused on these wells first. Wells in the Eastern Wellfield could be lower priority, as they are back-up and emergency only. To determine which wells should be rehabilitated, following the procedures outlined in the Technical Memorandum (CH2M H/LL, May 2002), the wells should be tested on a quarterly basis. Also, a tracking program uHli~;ng a sinlple Excel spreadsheet, should be developed for each well and used to track specific capadty data over time. In this manner, the City can determine when a well appears to be declining in performance and can schedule the well for rehabilitation. It is suggested that once a well rehabilitation contractor is selected, that well rehabilitation be an ongoIng proactive program for the City, involving the steps outlined in Exhibit 7-1. WATER SUPPLY PtAN. OO(; 7~. ~12~2004 EXHIBIT 7.t Suggested Well Testing and R~abilila~n Program Step Deecrlpflm~ By When?lFmquency? Procure well rehabllitalJon contractor (Cit~ may want to consider 2 or 3 to gauge their performance) Conduct testing ~ 20-Series, Modkaml Pan~, and Golf Course Wellfields 3 4 5 Conduct testing on Eaa~em Wells Conduct rehabilitation on selected wells Keep database updated Quarter 2003; every 2-3 years Quartady (e.g,, 20-Series one month, Modkaml Pank next month, and Golf Course third month) Semi-Annually 4th Quarter 2003/Seml.-Annually Monthly 72,3,2 ASR Optimization Unfortunately, because of some equipment difficulties, the City has been unable to effectively uHli~e its ASR facility for its intended purpose. After 2 years of successful cycle testing and approval from FDEP and the PBCHD to operate, the well's pump and motor failed. After several attempts to investigate and repair the problem, the City has opted to proceed with the procurement of a licensed well dri]ling and mechanical contractor to rehabilitate the well and replace the existing submersible pump and motor with a vertical turbine pump and motor. Also, per the City's request the existing actuated valves will also be replaced with Rotork actuators, which have been successfully used at other locations within the City. To make these relatively minor modifications to the ASR facility, a minor modification to the City's FDEP construction permit is required. An application has been submitted, and it is CH2M HILL's understanding that an approval for the minor modification is pending. After the well is rehabilitated and improvements are made to the ASR facility, an abbreviated cycle testing plan will be developed and implemented. After approval is received from FDEP, the facility will be placed in service and utilized to manage the City's water supply demands. The exact operational plan will be dependent on both the success of the rehabilitation work currently being procured and on the City's WUP. The rehabilitation project will determine the optimal flow rates for recharge and recovery (expected -2.0 mgd) and the ultimate storage capacity of the well. Results from the water use permitting and the upcoming SFWMD Governing Board decision will determine whether the facilities can be used strictly as a back-up to the City's existing water supplies or if it has to be used as primary source of supply during the dry season. E the decision by the Board is favorable, then the ASR facility can be used as a back-up and at the City's discretion. However, if it is unfavorable, then the City may be forced to use the well on a more regular basis and be dependant on it. Because u~ili~ing the ASR well for blending purposes was determined to be the most feasible option (as opposed to constructing a separate well) and because the flow would probably be limited to less than 1.0 mgd, it is recommended that the ASR well only be used for blending purposes in an emergency (i.e., only when the fresh water in the ASR has been depleted). 7.2.3.3 Expansion of Morlkaml Park Welmeld It was determined that the most feasible option for the City to expand its existing water supply wellfields would be in Morikami Park. Implementation of this approach is relatively straightforward, however, a modification to the City's WUP and a construction permit from PBCHD would be required. Also, PBCDERM will have to be notified so they can modify their welifield protection model as necessary. It is recommended that the City consider adding two additional water supply wells in the Morikami Park Wellfield to increase the City's wellfield capacity by approximately 1.5 to 3.0 mgd. 7.2.3.4 Floridan Aquifer with LPRO Utili~,;~g the Floridan Aquifer as a source of supply with LPRO is considered necessary only if the City cannot successfully negotiate a favorable W-UP (e.g., favorable Governing Board decision) and is forced to consider alternative sources beyond the ASR well and blending options. Also, if the City's conservation plan and reclaimed water program are not able to measurably reduce customer demands, the City may be required to consider this alternative water supply and more advanced water treatment technology. However, for purposes of this Plan, it is expected that the City will be able to negotiate a favorable WUP and will not require this alternative until after 2013. TO: THRU: FROM: SUBJECT: DAVID T. H~CI~ER PAUL DORLING, DIRECTOR ~F~PLANNING AND ZONING \/ ROBERT G. TEFFT, SENIOR PUANNER ~ MEETING OF JUNE 8, 2004 PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT FROM LOW DENSITY (LD) TO MEDIUM DENSITY (MD) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 10TM STREET. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. An application has been submitted for a FLUM amendment from LD to MD. Additional background and an analysis of the FLUM amendment and a related rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning requests. After reviewing the staff report and discussing the proposal, the Board voted 3-1 (Peltzie dissenting) to recommend that the requests be denied, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land Development Regulations. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A~12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land Development Regulations. Attachment: Planning and Zoning Board Staff Repot~ of May 17, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 17, 2004 III. A. (2. a.) Future Land Use Map Amendment from Low Density Residential 0-5 du/ac (LD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from Single-Family Residential (R-l-A), in part, and Community Facilities (CF), in part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial Hearing). GENERAL DATA: Owner / Applicant .................. Balestried Development Corp. Agent ............................... Weiner & Aronson, P.A. Location ................................ Southwest Corner of Swinton Avenue and SW 10~ Street Property Size ......................... 8.96 Acres Current FLUM Designation .... Low Density Residential 0-5 du/ac (ED) Proposed FLUM Medium Density Residential 5-12 Designation ....................... du/ac (MD) Current Zoning ................... Single-Family Residential (R-l-A) and Community Facilities (CF) Proposed Zoning ................Medium Density Residential 10 du/ac (RM-10) Adjacent Zoning ..... North: South: East: West: Single-Family Residential (R-l-A) Single-Family Residential (R-l-A) Special Activities District (SAD) Single-Family Residential (R-l-A) Existing Land Use ................. Vacant Proposed Land Use ..............FLUM Amendment from LD to MD and Rezoning from R-l-A, in part, and CF, in part, to RM-10 as part of Comprehensive Plan Amendment 2004-02 Water Service ....................... N/A Sewer Service ....................... N/A 101~ ST. III. A. (2. a.) The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential (LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-l-A) and Community Facilities (CF) to Medium Density Residential - 10 dwelling units per acre (RM- 10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the. City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. Each of the subject properties were at one time zoned R-l-A, however at its meeting of February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-1-A each contained residential structures, while the now CF zoned parcel was vacant. The Full Gospel Assembly Church never established operations on the subject property and has continued to remain vacant. The subject properties were recently sold and subsequently cleared in anticipation of future property development as a multiple-family townhouse project. An application is now before the Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-1-A and CF to RM-10. This FLUM Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187) as part of Comprehensive Plan Amendment 2004-02. LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. 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 proposed Medium Density Residential - ten (10) dwelling units per acre (RM-10) zoning district is consistent with the proposed Medium Density Residential (MD) FLUM designation. Planning and Zoning Board ~'ff Report Cottages at Banyan Village - ,-CUM Amendment and Rezoning Page 2 Multiple-family townhouse developments are allowed in an RM-10 zoning district as a permitted use at a base rate of six (6) units per acre. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LDR Section 4.4.6(I). Based on the above, positive findings can be made with respect to FLUM consistency. Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from LD to MD on several adjoining parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park impact fee of $44,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School District is attached as a condition of approval. Solid Waste: The subject properties are presently vacant and therefore currently have no impact on this level of service standard. Assuming the proposed maximum density (10 du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The subject properties current FLUM designation of LD would permit maximum densities that would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic study, the proposed FLUM would allow for a development generating 48 AM and 56 PM peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received and is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Water and Sewer: Water service can be provided to the site via connection to a 6" water main located within the SW 10th Street right-of-way (north side of the property), a 2" water main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8" water main located within the Swinton Avenue right-of-way (east side of the property). It is noted that the 2" water mains may need to be upgraded with the future development of the Planning and Zoning Board ff Report Cottages at Banyan Village - ,-LUM Amendment and Rezoning Page 3 property. Sewer service can be provided to the site via connection to a sanitary sewer main located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire suppression, fire hydrants will need to be provided within the development. However, it is noted that fire hydrants exist immediately to the northwest and northeast of the property across SW loth Street, to the northeast of the property across Swinton Avenue, and to the southeast of the property across Reigle Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population, based upon the current FLUM. The proposed FLUM Amendment from LD to MD will increase the demand on these public services; however adequate capacity exists to accommodate the proposal. Thus, a positive finding with respect to this level of service standard can be made. [] Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Objective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and must be incorporated into the design of any future development proposal for the site. While the proposed development of the property will certainly provide additional housing, it is multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for neighborhood commercial uses. While the applicant cites the cenditions to the east to justify compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the proposed use and intensity are not complementary to adjacent uses and therefore constitute grounds to deny the proposed amendment. These concerns are also discussed later with the compatibility analysis of the FLUM amendment. Future Land Use Element Policy A-t.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM Planning and Zoning Board · 'ff Report Cottages at Banyan Village - ,-LUM Amendment and Rezoning Page 4 designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The subject property is comprised of several adjoining parcels of land totaling approximatel)/ 8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10'" Street and Swinton Avenue). The proposal associated with these properties would change the FLUM designation from LD to MD. The applicant has not provided any data or analysis as to a shift in demographic trends or other circumstances that would support a change to the existing FLUM designation. No changes have occurred immediately adjacent to this parcel which would alter the character and/or FLUM designations of the surrounding area. In fact, the latest change that has occurred was immediately to the north and resulted in the development of affordable single- family homes. This change would support the retention of the existing Low Density land use designation. The applicant has cited numerous Comprehensive Plan objectives and policies; however none of these objectives or policies would be fulfilled by amending the existing FLUM designation. Without any data or analysis in support of, or fulfillment of Comprehensive Plan objective or policy, there is no demonstrated need for the requested FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the proposed FLUM amendment. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~[enerally defined as the area bounded by West Atlantic Avenue on the north, SW 10'" Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub- areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The applicant indicates in their justification statement that "increasing residential density and providing affordable and diverse housing for a vadety of incomes is a primary goaF of the Redevelopment Plan. The goal actually states "increasing residential density and providing affordable housing for a variety of incomes.' This theme of providing affordable housing is noted throughout all sub-areas. The reference to increasing residential densities is aimed Planning and Zoning Board ' 'ff Report Cottages at Banyan Village - ,~I. UM Amendment and Rezoning Page 5 at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pdcing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. The City Commission is currently considering actions which will implement the portion of the Redevelopment Plan (increasing residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable housing envisioned in the plan. Based upon the above, the applicant's opinion that the goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment and associated rezoning is unfounded. Consequently, positive findings with regard to this Comprehensive Plan policy can not be made. Housin,q Element 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. As discussed previously with the Concurrency analysis, the proposed new development will increase traffic in the surrounding area; however this increase does not appear to be substantial. The resulting increase in units will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this development parcel is located in a relatively stable neighborhood and "strongly recommends infill development and rehabilitation of existing structures. This strategy should increase the availability of affordable housing options.' The introduction of incompatible multiple-family uses within this area is unlikely to enhance stability. Further, if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the above, positive findings with respect to this Comprehensive Plan policy can not be made. Housing Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. This policy is identified by the applicant in their justification statement indicating that "the development proposal provides the desired type of moderately priced housing near the downtown area.' This policy refers to housing in general; not necessarily housing that is moderately priced. This policy also is directed at housing in and near the downtown area, whereas the subject property is located ten (10) city blocks from the outer edge of the downtown. As previously stated, infill housing consistent with the prevailing single-family land uses is appropriate. Further, affordable housing is a priority. While housing is a result of the proposal it is neither the appropriate type nor intensity. Open Space and Recreation Element Policy A-2.7: The City shall development a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for Planning and Zoning Board ~ 'ff Report Cottages at Banyan Village -. LUM Amendment and Rezoning Page 6 construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. This is another policy cited by the applicant in their justification statement. In this case the applicant indicates that "as part of this development, a park and gathering spaces will be provided.' Based upon this Comprehensive Plan policy and the applicant's statement, the conclusion that can be drawn is that a portion of the subject property is to be developed as a neighborhood park. If this is not the case and a neighborhood park is not to be provided with this development, it is highly doubtful that private amenities within the development will be made available to those who live outside the development, tn either case, this policy has no possible bearing on the proposed FLUM amendment or rezoning. Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are bordered by single-family residential neighborhoods on the north, south and west sides all having the same land use designation as the current designation of the subject property (LD). The properties to the east, which make up the Silver Terrace neighborhood, have various land use designations including General Commercial (GC), Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east, these are located more the 270' away given the combined rights-of-way for Swinton Avenue, the F.E.C. Railroad, and Old Dixie Highway. Compatibility with the adjacent single-family residential neighborhoods is a significant concern. The proposed FLUM designation in association with the proposed rezoning would allow a density of ten (10) dwelling units per acre on the subject property, which would be out of character and incompatible with the existing lower density residential neighborhoods that surround this property. A positive finding with respect to Compatibility can not be made and the proposal should be denied. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the properties as a multiple-family townhouse development, which is permitted under the requested RM-10 zoning district and compatible with the proposed MD FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RM zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development cdteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis Planning and Zoning Board ff Report Cottages at Banyan Village - ~-LUM Amendment and Rezoning Page 7 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. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following neighborhoods, their zoning designations, sizes and densities border the subject properties: Zoning Numbe~ of Des~qnation Residential Lots Total Acreage Density North Bellview Court R-1 -A 26 4.84 5,37 Palm State Heights R-1-A 44 10.06 4.37 Noah's Corner R-1 -A 11 3.14 3.50 South Southridge (Plat 1) R-1-A 94 16.11 5.83 East Silver Terrace SAD 70 12.4 5.64 West Sunset Park R-1-A 59 10.1 5,84 Average Density = 5.09 R-1-A = Single-Family Residential / SAD = Special Activities District The above table indicates that predominantly all of the surrounding single-family neighborhoods have a density of approximately five (5) dwelling units per acre. It is further noted that the majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or areas, which results in densities that would be slightly higher than permitted under the present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the subject property, has only recently been developed and conforms to all minimum lot dimension and/or area requirements. The density of this single-family neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries and would be drastically less than the proposed multiple-family development. It is based upon this analysis that the proposed rezoning would result in a land use that is incompatible with the surrounding properties. Thus, positive findings with regard to LDR Section 3.2.2(D) can not be made and furthermore positive findings with regard to overall consistency can not be made. LDR Section 2.4.5(D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board ~ ff Report Cottages at Banyan Village - rLUM Amendment and Rezoning Page 8 (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The following is an excerpt from the applicant's justification statement: "Two of the three reasons are applicable to this rezoning request. First, item (b) is applicable because there has been a change in circumstances which makes the current zoning of CF inappropriate. Second, item (c) is applicable because the requested zoning of RM-IO is more appropriate for the property based upon circumstances particular to the site and neighborhood". "The proposal to rezone the property to RM-fO is to allow redevelopment of the property for multiple-family purposes. The highest and best use of the property is multiple-family units rather than single-family homes. Given the location of the property and change of circumstances such as the increases 'in the size of the Linton/Federal retail area, the rezoning and development of other properties in the vicinity to multiple-family and the continued escalation of single-family home prices in Palm Beach County, redevelopment to single-family residences is problematic. To the east of the property are the railroad tracks and across from the railroad tracks are some small business offices. Further south is the Plaza at Delray shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally, further to the east of the property along SW 10~ Street, multiple-family housing (The Heritage Club) is in the process of being constructed. Therefore, the development of multiple-family residences on the subject properties is more logical as this type of residential use provides for a better transition between commercial/industrial uses and single-family uses. Overall, a positive finding can be made that the change of circumstances in the area makes the RM-IO zoning district more appropriate than the current zoning". According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). However, as the currant zoning of the properties is predominantly CF, and the CF zoning designation is by definition compatible with all other zoning designations, no change in circumstances is possible that would make the current zoning inappropriate. Even if consideration was given to modify the designation given the change in ownership and corresponding need for a change from a community facility to a residential use, a designation consistent with the prevailing future land use designation of Low Density to the north, south and west is clearly more appropriate. Accordingly, the only remaining justification for the proposed rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low Density land use designation, nor "more appropriate for the property based upon circumstances particular to the site and/or neighborhood." As the subject properties are surrounded on three sides by Low Density land use designations which contain single-family residential neighborhoods, the proposal is clearly not more appropriate for the property. The most appropriate zoning designation for the properties would be single-family residential (R-l-A), or perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the FLUM amendment, the resulting proposed development may have a destabilizing effect on the surrounding neighborhood. Based upon the above, this request does not fulfill any of the reasons identified under LDR Section 2.4.5(D) (5). Planning and Zoning Board ff Report Cottages at Banyan Village - ,-LUM Amendment and Rezoning Page 9 The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: r-] Presidents Council r~ Progressive Residents of Delray (P.R.O.D.) D United Property Owner's Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10 are inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to Compatibility as the proposal will result in a multiple-family development with densities that are double or triple that of the surrounding single-family neighborhoods. Positive findings can also not be made with regard to Consistency with the Comprehensive Plan, specifically Future Land Use Element Policy A-1.7, which requires that there be a demonstrated need for the requested land use. No data or analysis has been provided that indicates a shift in demographic trends, no changes have occurred with regard to character and/or FLUM designations of the surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by amending the existing FLUM designation. Furthermore, the subject property is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future Land Use Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed FLUM amendment and associated rezoning and positive findings can not be made with respect to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible multiple-family uses within this area is unlikely to enhance stability and if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentdtying effect; therefore positive findings can not be made with regard to Housing Element Policy A- 12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be denied. A. Continue with direction. Planning and Zoning Board 'ff Report Cottages at Banyan Village - ,-LUM Amendment and Rezoning Page 10 B. Move a recommendation of approval to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following conditions: That a letter from the Palm Beach County School Distdct is received stating that the proposal complies with the adopted Level of Service for School Concurrency; and That a letter from the Palm Beach County Traffic Division is received stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. C. Move a recommendation of denial to the City Commission for the privately sponsored reques[ for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map Staff Report Prepared by: Robert G. Tefft, Senior Planner CITY OF OELRAY BEACH PUBLIC WORKS COMPLEX CF-P MD RDA-3 CMR GC MD N Cottages at Banyan Village PROPOSED FUTURE LAND USE MAP AMENDMENT FROM: LD (LOW DENSI~P( RESIDENTIAL, 0-5 UNITS I ACRE) TO: MD (MEDIUM DENSITY RESIDENTIAL, 5-12 UNITS / ACRE) = ~ ~ft~Ii]~ I~ ][~I I~lll: ~IiIlIll} '~ ~ IlI i IIl~'[lllliliillllllllliI IIl=i~ I~/'W~ sll~~ IIIItlllllltlllllll]lll IIIIlt L ~L-~I i~iii [II ~llltllllL fltlIIIIlllIIIIUJIIIJ~I ~ ~~~' ~ ~ ,. ~ fl III i ~ ~,~.,.~ I ~, I _ g~F III I L I N f 0 N ,~/~/ /~f U L~ ~i ~ Cotta~os at Banyan ~ PROPOSED R~ONING TO: THRU: FROM: SUBJECT: DAVID T.(.~_ .DE~, ?~TY,~..ANAGER PAUL DORLING, DI~ECT~F PLANNING AND ZONING~ JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECTO~/{,~ MEETING OF JUNE 8, 2004 CITY INITIATED FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NW/SW 1=T AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A) and is divided into three districts. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The subject properties encompass 41.81 acres. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The Future Land Use Map amendment is associated with a City initiated rezoning from GC (General Commercial) to CBD (Central Business District), which has also been scheduled for this City Commission meeting. The FLUM amendment and rezoning originally included the portion of the tennis center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the property, the tennis center property is being eliminated from this Comprehensive Plan Amendment. A separate Future Land Use Map amendment and rezoning for a portion of the property to CBD may be considered with a future Comprehensive Plan Amendment. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the Future Land Use Map amendment and associated rezoning of the existing commercially zoned properties to CBD was to apply one continuous zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed FLUM amendment and rezoning. Move to approve on first reading the Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core), 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 Chapter 3 of the Land Development Regulations. Attachments: Planning and Zoning Board staff report of May 17, 2004 ~(~-("~ ';~' ~) PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: AGENDA ITEM: ITEM: May 17. 2004 IIIA.2.B. City initiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW 1 '~ Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (Quasi-Judicial Hearing). .GENERAL DATA: Owner, ......................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1~ Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community Facilities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... n/a Sewer Service ............................... n/a III.A.2.B. The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commemial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block') and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to SectiOn 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Pianning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Oveday District Page 2 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 FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan' was adopted by the City Commission on March 19, 2002. Covedng the downtown business districts surrounding the Atlantic Avenue corddor between 1-95 and A-I-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD-- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except during special events and for a few days during the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element, Policy C-1.5: The following pertains to the At/antic Avenue Redevelopment Area: This area extends in a corr/dor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along At/antic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Pianning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic pempective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically mom locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similady, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the 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 individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuanCe of a building permit for each residential unit. School concurrency will be addressed with futura proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, an(~ a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), 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 on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis~ section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Sf:aff reporl FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay Dislrict Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezonin,q Actions): Standards A, B, C and E am not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and futura land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin.q Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the FUture Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate masons for the proposed rezonings are "b' and "c': based on the folloWing: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In Order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment A.qenc¥: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Chamber of Commerce ·" Delray Merchants Association · Ebonyof Delray · Gateway · Lincoln Park · Paradise Heights · PROD (Progressive Residents of Deiray) · President's Council · West Settlers Histodc District · West Side Heights Public Notice: Formal public notice has been provided to the affected property owners as well as properb/ owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1St Avenue (100 Block) and Nw/Sw 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet cdteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the nodh and south sides of West Atlantic Avenue between NW/SW 1s` Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map AVENUE MEMORANDUM TO: FROM: SUBJECT: MAYOR AND CITY COMMISSIONERS CITY MANAGER ~ AGENDA ITEM # ORDINANCE NO. 26-04 DATE: JUNE 18, 2004 - REGULAR MEETING OF _IUNE 22, 2004 This ordinance is before the City Commission for second reading to amend Chapter 132, "Offenses Against Public Peace and Safety", of the Code of Ordinances by amending Section 132.09, "Skateboarding and the like Prohibited", to provide certain areas in which skateboarding shall be prohibited. At the first reading on June 8, 2004 the Commission passed Ordinance No. 26-04. Recommend approval of Ordinance No. 26-04 on second and final reading. S:\City Clerk\agenda memos. Ord 26.04.Skateboard.06.2Z 04 [ITY OF I]ELARY BER[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH DATE: May 27, 2004 MEMORANDUM Writer's Direct Line: 561/243-7091 TO: FROM: David Harden, ~Manager I~,...-------"~ Brian Shutt, Assistant City Attorney SUBJECT: Skateboard Ordinance No. 26-04 The Commission discussed this proposed ordinance at its April 13, 2004 meeting. The substance of the discussion centered on the issue of how broad should this ordinance be. Should it apply only to Veterans Park and Old School Square or should it also apply to other parks? The Commission gave direction to confer with Joe Weldon to see if he is experiencing this problem in other parks. After checking with Joe, it still appears that the only prebiem is in and around Veterans Park, including the fountain, benches and railings. I have modified the ordinance to prohibit skateboards on these other features in Veterans Park and Old School Square as well as providing that skateboards shall be prohibited in any areas in which signs are posted prohibiting skateboards which can apply to any park that the City is experiencing a similar problem. This addresses the Commissions concern that if other problem areas arise in the future, this ordinance will not need to be amended each and every time to include the new area. I have attached the revised ordinance for your review. Please give me a call if you have any questions. Attachment CC: Barbara Garito, City Clerk Joe Weldon, Director of Parks and Recreation ORDINANCE NO. 26-04 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. WHEREAS, skateboarding can cause damage to sidewalks, walkways, steps and other areas over which they traverse; and WHEREAS, skateboards have caused particular damage to the outside areas of Veterans Park and Old School Square; and WHEREAS, the City Commission has determined it to be in the City's best interest to prohibit skateboards in these areas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 132, "Offenses against Public Peace and Safety", Section 132.09, "Skateboarding and the like Prohibited", of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 132.09 SKATEBOARDING AND THE LIKE PROHIBITED. It shall be unlawful for any person upon roller skates, skateboards, bicycles or tiding in or by any means of any coaster, toy vehicle, play vehicle or similar device: With the exception of bicycles, to go upon any sidewalk along Atlantic Avenue between State Road A1A on the east and 1-95 on the west: all sidewalks, walkways. railings, steps, fountains, benches, structures, or any other improved surface located in Veterans Park: all sidewalks, walkways, steps, railings, fountains, stage area or any other improved surface located at Old School Square: or any other City owned property, or park or part thereof, in which sigms prohibiting such use are posted. 03) To operate said devices in a reckless manner on any public sidewalk. No person shall ride a skateboard or roller skate on a sidewalk without exercising due care for the safety of others using the sidewalk. S¢¢tSon 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. Section 4. final reading. That this ordinance shall become effective upon its passage on second and PASSED AND ADOPTED in regular session on second and final reading on this the day of ., 2004. ~YI'EST: MAYOR Acting City Clerk First Reading Second Reading 2 ORD. NO. 26-04 TO: THRU: FROM: SUBJECT: DAVID T. HARD,.~A~, .AU. DO...G,' iRECTOR OF ^.D JEFF. ¥ ^. ' MEETING OF JUNE 8, 2004 CITY-INITIATED REZONING FROM GC (GENERAL COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NW/SW 1sT AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A) and is divided into three districts. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The subject properties encompass 41.53 acres. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2, which has also been scheduled for this City Commission meeting. The FLUM amendment and rezoning originally included the portion of the tennis center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the property, the tennis center property is being eliminated from this Comprehensive Plan Amendment. Rezoning of a portion of the property to CBD may be considered with a future Comprehensive Plan Amendment. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the rezoning of the existing commercially zoned properties to CBD was to apply one zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed rezoning. Move to approve on first reading the rezoning from GC (General Commercial) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: Planning and Zoning Board staff report of May 17, 2004 & Ordinance by Others ~ ~"A, ORDINANCE NO. 31-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAD LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1st AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, APRIL 2003"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated April, 2003, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) District for the following described property: Lots 1-11, inclusive /less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots I-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5 inclusive/less r/w SR 806/, Myficks Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public Records of Palm Beach County, Florida; Together with; S 145 fl of N 290 ft of E 147 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida; Together with; N 50 ft of S 300 ft of E 145 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, Florida; 2 ORD NO. 31-04 Together with; W 80 ft of E 300 ft of S 130 fr of N 145 fi of Lot 9/less r/w SR 806/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-11 inclusive/less N 20 fi/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; Together with; S 365 fi of N 385 ft of W 135 f~ of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 80 fi of N 100 fi of E 150 ft & S 250 fi of N 350 ft orE 135 fi of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 290 ft of N 310 fi/less E 5 fi SW5th Ave r/w/ofBlk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 150 fi of S 294.28 fi of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 3 ORD NO. 31-04 Together with; Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 38, of the public records of Palm Beach County, Florida; Together with; Lots 1-3, inclusive, Blk 30, Town of Delray, a subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat, Checkers Atlantic - Delray Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less N 20 fi Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; Together with; S 30.5 fi of Lot 5 & N 19.5 ~ of LOt 6, Blk 29, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-4, inclusive/less N 20 ft SR 806 rd r/w/, Blk 53, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-14 inclusive/less S 20 ft SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; 4 ORD NO. 31-04 Together with; Lots 2-7, inclusive /less S 20 fi SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32, inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; Together with; Lot 1 & abandoned S 9 ft alley lyg N of& adj to/less E 10 ftJ and Lot 6 & abandoned S 11 fi alley lyg N of & adj to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 58, of the Public Records of Palm Beach County, Florida; Together with; W 274.8 fi of S 1/4 of Lot 10/less E 10 ft NW 9th Ave r/w, W 25 fi NW 10th Ave r/w & SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Tog~h~ with; All of plat lyg Ely of& adjacent to NW 9th Ave r/w as in OR 4465 P1517/less E 25 fi NW 8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of Palm Beach County, Florida; Together with; Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County, Florida; Together with; N 100 fi of W 130.44 ft of S 1/2, N 142.1 fi of W 130.44 fiofE 155.44 fi of E 1/2 of S 1/2 & W 76 ft of E 101 ft of N 120 ft of S 140 fi orE 1/2 of S 1/2, Blk 4, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 31-04 Together with; S 1/2 of Blk 12/less S 20 fi SR 806 rd r/w/, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida; Together with; N 250 fl/less W 135 fl/, Blk 20, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 165 fl of S 135 fl & N 70 ft of S 205 fl of E 135 fl, Blk 19, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 - 8, inclusive, Melvin S Bnrd Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5, inclusive, Replat of part of Blk 27, Town of Linton, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public Records of Palm Beach County, Florida; 6 ORD NO. 31-04 Together with; Lots 7 & 8, Blk 27, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 1, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 96, Page 55, of the Public Records of Palm Beach County, Florida; Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of CC (Commercial Core) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ., 200__. 7 ORD NO. 31-04 ATTEST MAYOR City Clerk First Reading. Second Reading 8 ORD NO. 31-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT-- MEETING DATE: AGENDA ITEM: ITEM: May 17, 2004 III.A.2.B. City initiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlanlic Avenue Between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (Quasi-Judicial Hearing). · GENERAL DATA: Owner ................................ city Initiated Location ........................................Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1s~ Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) Properly Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community Facilities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM . Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... ~/a Sewer Service ............................... n/a III.A.2.B. The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). [: FUTORE LAND USE M~P AMENDMENT :ANALySIs I REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 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 FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delrey Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A {Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except during special events and for a few days during the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD-- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency _ Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the 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 individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commemial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), 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 on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determining Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for RezoninR Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin(; Findinas): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: That the zoning had previously been changed, or was originally established, in error; That there has been a change in circumstances which make the current zoning inappropriate; That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment A~ency: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Chamberof Commerce · Delray Merchants Association · Ebonyof Delray · Gateway · Lincoln Park · Paradise Heights · PROD (Preogressive Residents of Delray) · President's Council · West Settlers Historic District · West Side Heights Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. I '~ ASSESSMENT AND CONCLUSION ~ The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. RECOMMENDED ACTION: Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1s, Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District, 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(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map °°~ ITl o z Z AVENUE £1T¥ OF 0ELRFI¥ BEFICH Cfl'Y MANAGE.~'~ CITY ATTORNEY'S OFFICE ~00 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278~4755 DELRAY BEACH DATE: TO: FROM: SUBJECT: Writer's Direct Line: 561/243-7090 MEMORANDUM June 2, 2004 City Commission David T. Harden, City Manager Terrill Pyburn, Assistant City Attorney Proposed Stormwater Ordinance Attached please find a draft of the proposed stormwater ordinance including amendments to Section 56.04 providing a definition of common elements and amendments to Section 56.16 providing that individual parcel owners within a residential subdivision shall be responsible for a prorated portion of the assessments of all common areas within the subdivision. Also attached please find a copy of the State House Bill that was passed into law effective January 1,2004. Please place the ordinance on the June 22, 2004 City Commission agenda for first reading. Thank you. TCP:smk Attachment cc: Barbara Garito, City Clerk ORDINANCe NO~ -04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY Of DELRAY BEACH, FLORIDA, AMENDING TITLE 5, "PUBLIC WORKS", CHAPTER 56, "STORMWATER", OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, BY AMENDING SECTION 56.04, "DEFINITIONS", TO PROVIDE A DEFINITION OF "COMMON ELEMENT"; AMENDING SECTION 56.16, "ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS", TO PROVIDE THAT STORMWATER ASSESSMENTS FOR SINGLE-FAMILY RESIDENTIAL UNITS SHALL BE AMENDED TO INCLUDE A PRORATED PORTION OF THE COMMON ELEMENTS WITHIN A PLATTED SUBDIVISION THAT ARE FOR THE EXCLUSIVE BENEFIT OF THE SINGLE-FAMILY RESIDENTIAL LOT OWNERS THEREIN; PROVIDING a SAVING CLAUSE, a GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, desires to amend Section 56.16, "Establishment of Rates for Stormwater Management Assessments", in order to provide an ordinance consistent with recent state legislation. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.04, "Definitions", be amended to read as follows: Sec. 56.04, DEFINITIONS. The following words, when used herein, shall have the meanings indicated, unless the context indicates otherwise: Act. Shall have the meaning set forth in Section 56.01 of this Chapter. Beneficial area. The geographical boundaries of the City, including all future annexations and consolidations. City. The City of Delray Beach, Florida, a municipal corporation. Commission. The City Commission of the City of Delray Beach, Florida, acting as the governing body of the City. Common Element. As may be defined by Fla. Stat. §193.0235 and referenced in Section 56.16, a Common Element is: 1) Subdivision property not included within parcels which are intended to bn conveyed or have been conveyed into individual ownership, which property in utilized exclusively for the benefit of parcel owners of such platted subdivision and are desi.qnated on the plat or approved site plan as ~ Common Element for the exclusive benefit of parcel owners; 2) An easement throu.qh the subdivision property, not includinq the property described in paraclraph (1). which has been dedicated to the public use or retained for the benefit of the subdivision; 2) Any other part of the subdivision which has been desiqnated on the plat or is required to be desi.qnated on the site plan as a drainaqe pond, or detention or retention are, for the exclusive benefit of the subdivision. Consulting engineer. A qualified engineer or engineering firm licensed in the State of Florida and retained by the City to perform the acts and carry out the duties relating to the systems, as required by the City. Developed property. Any property with more than seven (7) percent of impervious area on such property. Equivalent residential unit or ERU. The average square footage of impervious area for detached single-family residential units within the benefited area. An ERU is numerically equal to two thousand five hundred two (2,502) square feet of impervious area which represents five and seven-tenths (5.7) percent of one acre of land. Existing system. The City's stormwater system and facilities existing at the time of the enactment of this Chapter. Impervious area. An area which either prevents or retards the entry of water into the soil mantle. Common impervious areas include, but are not limited to, rooftops, sidewalks, walkways, patio areas, driveways, parking lots, storage areas and other surfaces which similarly impact infiltration and runoff, and would also include ponds and lakes or other bodies of water unless such property is classified nonassessed property. Nonassessed property. Public Rights-of-Way, lakes, rivers, and other bodies of water not utilizing or having a direct or indirect impact on the system, tax-exempt properties owned by religious organizations, and such other properties within the benefited area which may be determined by the Director to be exempt from the payment of the stormwater management assessment. 2 ORD. NO. -04 Nonresidential property. Any developed property which does not have as its major use a place of residence and is not classified as residential by the Palm Beach County Property Appraiser. Residential property. Any developed property which has the majority use as a place of residence and is so classified by the Palm Beach County Property Appraiser. Stormwater management assessment. A nonad valorem assessment imposed by the city pursuant to this Chapter and F.S. Section 403.0893, as amended and supplemented, on all developed property which is not nonassessed property, and on all unimproved land which is not nonassessed property, in the benefited area in relation to each such property's estimated contribution of stormwater runoff to he system and the benefit derived from the use of the facilities of the system, and the future improvements to be funded from stormwater management assessments. Such stormwater management assessment shall include a pro-rata cost of the operation and maintenance of the system, based on the same proportion of benefit assessed against each parcel within the benefited area. Surface water management permit. A South Florida Water Management District permit for surface water management facilities. System. The City's unified stormwater management system, as more particularly described in subsection 56.03(B) of this Chapter, and including management services such as designing, permitting, planning, and reviewing the stormwater related infrastructure; operation, maintenance, repair and replacement of the infrastructure; and the improvement or enhancement of the infrastructure related to the approved public facilities elements of the comprehensive growth management plan for the City. Unimproved land. (1) Any undeveloped land regardless of its zoning classification by the Palm Beach County property appraiser; and (2) Any developed property (other than a single-family residence) which has less than seven (7) percent of impervious area. Year. The City's fiscal year commencing on October 1 and continuing to and including the next succeeding September 30, or such other annual period as may be prescribed by law. Uniform collection method. The method to be utilized by the City for the year commencing October 1, 1991, and each year thereafter for the billing, collection and enforcement of the payment of the stormwater management assessments, as authorized 3 ORD. NO. -04 pursuant to F.S. Section 403.0893, as amended and supplemented, and F.S. Chapter 197, as amended and supplemented. Section 2. That Title 5, "Public Works", Chapter 56, "Stormwater", Section 56.16, "Establishment of Rates for Stormwater Management Assessments", be amended to read as follows: SECTION 56.16 ESTABLISHMENT OF RATES FOR STORMWATER MANAGEMENT ASSESSMENTS. (A) The rate of stormwater management assessments for each parcel within the benefited area, other than with respect to non-assessed property, shall be established each year by resolution of the Commission. Except as provided below, such rate resolution shall not be adopted prior to the establishment of an operational budget for the system for such next succeeding year prepared by the Director; and prior to the conducting of one or more rate hearings as required under applicable law. Such budget shall include, but not be limited to the estimated cost of planning and constructing additions, extensions and improvements to the system for such next succeeding year (the "capital element"); the debt service requirements for any obligations issued by the City (other than voter-approved general obligation debt) to finance or refinance additions, extensions and improvements to the system (the "debt service element"); and the cost of operation and maintenance of the system for such next succeeding year (the "O and M element"). The O and M element shall contain all outlays of the system determined to be necessary and proper by the City Manager, which will not be provided for in the capital element and debt service element of the operational budget. The rate hearings and rate resolution shall clearly establish what portion of the stormwater management assessment reflects the capital element, the debt service element, if any, and the O and M element. (B) The owner of each parcel (other than the owner of nonassessed property) within the benefited area, for which a stormwater management assessment is levied, shall be responsible for the payment thereof. However, the owner of the Common elements of a platted subdivision shall not be responsible for such payment. Instead, the assessment for Common Elements shall be prorated and included in the assessment of ail the parcels within the subdivision, and the owners of such parcels shall be responsible for the payment thereof. (C) The rate of stormwater management assessments for the various classes of property (other than nonassessed property) within the benefited area shall be as follows: (1) Developed Property: (a) The annual stormwater management assessment for a single- family residential unit shall be the rate for one ERU, multiplied by one ERU, multiplied by 4 ORD. NO. -04 (12) plus the annual prorated share of the stormwater management assessment for any Common Elements, if such sin.qle-family residential unit is within a platted subdivision with Common Elements. The assessment for Common Elements shall be determined in accordance with Sec. 56.16(C)(1)(d) for developed Common Elements, or Sec. 56.16(C)(2) for undeveloped Common Elements. The prorated share to be assessed against each residential unit within the subdivision is the sum of the annual assessments for ail Common Elements within the subdivision, divided by the total number of parcels within the subdivision which are intended to be conveyed or have been conveyed into individual ownership. (b) The annual stormwater management assessment for a residential condominium unit shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one (1) ERU, further divided by the number of condominium units and multiplied by twelve (12). (c) The annual stormwater management assessment for a single- owned multi-family residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (d) The annual stormwater management assessment for developed non-residential property shall be the rate for one ERU, multiplied by a numerical factor to be determined by dividing the total impervious area of the property (in square feet) by the impervious square footage per one ERU, multiplied by 12. (2) Unimproved land. The annual stormwater management assessment for a parcel of unimproved land shall be the rate for one ERU, multiplied by a numerical factor to be determined by multiplying the total acres of such unimproved land by 1.2 ERU's, multiplied by 12. (D) All properties are subject to the rate classification contained with Sec. 56.16(C). However, some properties may be entitled to cumulative discounts. The discount rates are as follows: (1) Lake Worth Draina,qe District. All properties located within the Lake Worth Drainage District (LWDD), as defined by the LWDD boundary map, shall receive a twenty-five percent (25%) discount. (2) Privately Maintained ..... t Draina.qe Systems. All properties for which the City does not provide for the maintenance of ctrcct drainage systems shall receive a twenty-five percent (25%) discount. 5 ORD. NO. -04 For example, a residential properly located within the Lake Worth Drainage District which is also served by a Private ~ Drainage System, which is not City maintained, will be entitled to a twenty-five percent (25%) discount for being located within the Lake Worth Drainage District, plus an additional twenty-five percent (25%) discount (for a total of a fifty percent (50%) discount) because the property is served by a Private Street Drainage System, which is not maintained by the City. (E) The determination of impervious area and total area of a parcel shall be based on data from the Palm Beach County Property Appraiser's Office, Palm Beach County Board of County Commissioners Information Systems Services, geographical information system analysis provided by the City of Delray Beach, from aerial photographs, asbuilts, or from information provided by the owner of such parcel if the information, as set forth above, is found to be incorrect by clear and convincing evidence, as determined in the sole discretion of the Director. Information provided by an owner shall include, at his or her own cost, such information requested by the Director, including survey data certified by a professional land surveyor and/or engineering reports prepared by a professional engineer acceptable to the Director. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST: MAYOR CITY CLERK First Reading Second Reading 6 ORD. NO. -04 ,, t~m .~earch Results Page ! of 1 Results BIIINumber Subject HB 1721 Subdivision Property Date Last Action 07/11/03 Approved by OOvemoq, Chapter NO. 2003.284 Disclaimer: The information on this system Is unverified. The Journals or printed bills of the respe cu~h.ambers should be COnsulted for official purposes. Copyright © 2000-200:1 State of Florida ~ · httP://www.myfloridahouse, com/BillSearch, aspx?BN=1721&BT=&Mbr=& v~nn~ R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED HB 1721, Engrossed I A bill to be entitled An act relating to subdivision property; amending s. 197.502, F.S.; increasing a tax deed application fee; providing notification to legal titleholders of contiguous property which is included in a tax certificate for unpaid taxes; requiring a county to notify the legal titleholder of property contiguous to land available for taxes prior to sale under certain circumstances; amending s. 197.582, F.S.; excluding certain persons as beneficiaries of certain undistributed remainder funds; amending s. 197.522, F.S.; requiring notification to certain persons when an application for a tax deed is made; providing for a statement to accompany such notice; prohibiting the assessment of ad valorem taxes and non-ad valorem assessments by certain entities against property constituting the co=~on elements of a subdivision~ requiring that the property appraiser prorate the value of ad valorem taxes and non-ad valorem assessments against easements and other common elements of a subdivision and include such prorated value among the lots within the subdivision conveyed or intended to be conveyed into private ownership; defining the term "common element.~ providing an effective date. Be It Enacted by the Legislature of the State of Florida: C O · o~- . . Page i of 8 0 ING. WonJs ......... aredele~o~,wordsunde~rtedsreaddl~o~. ~IR I D A ENROLLED HB 1721, Engrossed 1 H 0 U S E 0 F R E P R E 8 E N T A T I V E 8 Section 1. Subsections (1) and (7) of section 197.502, Florida Statutes, are amended and paragraph (h) is added to subsection (4) of said section, to read= 197.502 Application for obtaining tax deed byholder of tax sale certificatel fees.-- (1) The holder of any tax certificate, other than the county, at any time after 2 years have elapsed since April i of the year of issuance of the tax certificate and before the expiration of 7 years from the date of issuance, may file the certificate and an application for a tax deed with the tax collector of the county where the lands described in the certificate are located. The application may be made on the entire parcel of property or any part thereof which is capable of being readily separated from the whole. The tax collector shall be allowed a tax deed application fee of ~75 (4) The tax collector shall deliver to the clerk of the circuit court a statement that payment has been made for all outstanding certificates or, if the certificate is held by the county, that all appropriate fees have been deposited, and stating that the following persons are to be notified prior to the sale of the property= (h) Any legal titleholder of record of property that conti~uous to the property described in the tax certificate~ when the property described is either submerqed land or com~.z... elements of a subdivision, if the address of the titleholder contiguous proDert¥ aDDears on the record of conveyance of the land to that legal titleholder. However, if the titleholder of property conti~uous to the property described Page 2 of 8 COOlNG:Wo~s~ck=~aredelelio~;wordsunderlinedareaddilJo~. ~R I D A H O U 8 E O F R E P R E 8 E N T A T I V ENROLLED HB 1721, Engromed 1 ~.he tax certificate is the same as ~he person to whom tR. property described in the tax certificate was assessed on th tax roll for the year in which the progerty was last assessedt the notice may be mailed on1¥ to the address of the leqa] titleholder as it appears on the latest assessment roll. (7) On county-held certificates for which there are no bidders at the public sale, the clerk shall enter the land on a list entitled "lands available for taxes, and shall immediately notify the county con~iasion and all other persons holding certificates against the land that the land ia available. During the first 90 days after the land is placed on the list of lands available for taxes, the county may purchase the land for the opening bid. Thereafter, any person, the county, or any other governmental unit may purchase the land from the clerk, without further notice or advertising, for the opening bid, except that when the county or other governmental u~it is the purchaser for its o~rn use, the bOard of county commissioners may cancel omitted years' taxes, as provided under s. 197.4%7. If the gount¥ does not elect to purchase the l~n~ the county mus~ notif each 1 al titleholder of ro err conti ous to the land available for taxes, as provided in paragraph (4) (h), befor. expiration of the 90-day period. Interest on the opening bid continues to accrue through the month of sale as prescribed by s. 197.542. Section 2. Subsection (2) of section 197.582, Florida Statutes, is amended to read= 197.582 Disbursement of proceeds of sale.-- E $ Page 3 of 8 CODING: Words st~ke~ are deletions; words underlined are additions. F L ~R I D A H O U S E O F R E P R E S E N T A T i V ENROLLED HBl~l,E~rossedl (2) If the property is purchased for an amount in excess of the statutory bid of the certificateholder, the excess shall be paid over and disbursed by the clerk. If the property purchased is homestead property and the statutory bid includes an amount cc/ual to at least one-half of the assessed value of the homestead, that amount shall be treated as excess and distributed in the same manner. The clerk shall distribute the excess to the governmental units for the payment of any lien of record held by a governmental unit against the property. In the event the excess is not sufficient to pay all of such liens in full, the excess shall then be paid to each governmental unit pro rata. If, after all liens of record of the governmental units upon the property are paid in full, there remains a balance of undistributed funds, the balance of the purchase price shall be retained by the clerk for the benefit of the persons described in s. 197.522(1) (a), except those person, ~escribed in s. 197.502(4) {h)~ as their interests may appear. The clerk shall mail notices to such persons notifying them of the funds held for their benefit. Any service charges, at the same rat~ as prescribed in s. 28.24(13), and costs of mailing notices shall be paid out of the excess balance held by the clerk. Excess proceeds shall be held and disbursed in the same manner as unclaimed redemption moneys in s. 197.473. In the event excess proceeds are not sufficient to Cover the service charges and mailing costs, the Clerk shall receive the total amount of excess proceeds as a service charge. Section 3. SUbsection (2) of section 197.522, Florida Statutes, is amended to read: ~u.. Page 4 of 8 CODING: Words .......... am delete; words under#ned am addilio~. E S ~R I D A ENROLLED HB 1721, Engro~ed 1 H 0 U 8 E O F R E P R E S E N T A T I V E S 197.522 Notice to owner when application for tax deed is made.-- (2)(a) In addition bo the notice provided in subsection (1), the sheriff of the county in which the legal titleholder resides shall, at least 20 days prior to the date of sale, notify the legal titleholder of record of the property on which the tax certificate is outstanding. The original notice and sufficient copies shall be prepared by the clerk and provided to the sheriff. Such notice shall be served as specified in chapter 48; if the sheriff is unable to make service, he or she shall post a copy of the notice in a conspicuous place at the legal titleholder,s last known address. The inability of the sheriff to serve notice on the legal titleholder shall not affect the validity of the tax deed issued pursuant to the notice. A legal titleholder of record who resides outside the state may be notified by the clerk as provided in subsection (1). The notice shall be in substantially the following form: WARNING There are unpaid taxes on the property which you own. The property will be sold at public auction on ... (date) ... Unless the back taxes are paid. To make arrangements for payment, or to receive further information, contact the clerk of court at ... (address) ''', .-- (telephone number) .... In addition, if the legal titleholder does not reside in the county in which the property to be sold is located, a copy of CODING: Page $ of 8 F L ~IR I D A H O U 8 E O F R E P R E $ E N T A T I V E 8 ENROLLED HB 1721, Engrossed 1 such notice shall be posted in a conspicuous place on the property by the sheriff of the county in which the property is located. However, no posting of notice shall be required if the property to be sold is classified for assessment purposes, according to use classifications established by the department, as nonagricultural acreage or vacant land. (b) In addition to the notice provided in subsection (1)~ the clerk shall notify by certified mail with'return receipl requestedt or by registered mail if the notice is to be senl outside the continental United Statest the persons listed in ~h tax collector's statement pursuant to s. 197.502(4) (h) thai application for a tax deed has been made. Such notice shall b, mailed at least 20 days prior to the date of sale. If no address is listed in the tax collector,s statement~ then no notice shall be required. Enclosed with the copy of the notice shall be statement in substantially the followin~ form= WARNING There are unpaid taxes on property contiguous to you~ property. The property with the ~aid taxes will be sold at auction on ... (date) ... unless the back taxes are paid. To make payment~ or to receive further informati~,. about the purchase of the property, contact the clerk o£ court ir~nediately at ... (aRR~ess) ..., ... (telephon,. number) .... Page 6 of 8 CODING:Wo~sst~,,ke~amdeleflons;wo~lsunde~nedareadditfo~. ONR I D A ENROLLED HB 1721, Engro~ed 1 HOUSE OF REPRESENTATIVES 2003 Legislature Neither the failure of the tax collector to inc],,~ the list o? contiguous property owners pursuant to s. 197.502(4)(h) in or her statement to the clerk nor the failure of the clerk to mail this notice to any or all of the persons listed in the t~t collector's statement pursuant to s. 197.502(4) (h) shall be ~ basis to challenge the validity of the tax deed issued pursuant to any notice under s. 197.52~ Section 4. Ad valorem taxes and non-ad valorem assessment~ against subdivision property.-- (1) Ad valorem taxes and non-ad valorem assessments shall be assessed a~ainst the lots within a platted restdentia] subdivision and not upon the subdivision property as a whole. A~ ad valorem tax or non-ad valorem assessment? including a tax assessment imposed by a countyz municipality, special district~ or water management district, may not be assessed separately against common elements utilized exclusively for the benefit lot owners within the subdivision, regardless of ownership. Th~. value of each parcel of land that is or has been part of platted subdivision and that is designated on the plat or approved site plan as a common element for the exclusive benefi~ of lot owners shall, regardless of ownership~ be prorated by th, property appraiser and included in the assessment of all th; lots within the subdivision which constitute inventory for th. developer and are intended to be conveyed or have been conv~ye,] into private ownership for the exclusive benefit of lot within the subdivision. (2) As used in this section~ the term "common el.~ent" includes: Page 7 of 8 C001NG:W0~s~e~ede~;w0~sunde~l~daeadd~0~. ~R I D A ENROLLED HB 1721, HouSE OF REPRESENTATIVES 2003 Legislature (a) subdivision property not included within lots constituting inventory for the developer which are intended to be conveyed or have be~- conveyed into private ownership. ~b) An easem~-t throuqh the subdivision propertyf not including the property described in paragraph (a)~ which has been dedicated to the public or retained for the benefit of the subdivision. (c) Any o~her part of the subdivision which has been designated on the plat or is required to be designated on the site plan as a drainaqe pond, or detention or retentionpondf for the exclusive benefit of the subdivision. Section 5. This act shall take effect January 1, 2004. Page 8 of 8 CODING: Wo~s s#i&ke~ am deletions; winds underlined am ad(l'~o~.