Loading...
03-20-12 Regular Agenda MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, March 20, 2012 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings adjust the amount of time allocated. 7:00 p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non - Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non - agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243 -7000 Fax: (561) 243 -3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243 -7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA 1. ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. February 14, 2012 - Workshop Meeting B. March 6, 2012 — Regular Meeting 6. PROCLAMATIONS: A. Water Conservation Month — April 2012 B. Fair Housing America Month — April 2012 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. REQUEST FOR SIDEWALK DEFERRAL /1026 POINSETTIA ROAD: Approve a request to defer the installation of a sidewalk for the south side of Poinsettia Road at 1026 Poinsettia Road. B. LANDSCAPE MAINTENANCE AGREEMENT /SW DELRAY ONE, LLC: Approve a landscape maintenance agreement with SW Delray One, LLC. to allow the future location of landscape materials within the public right -of -way at Saxena White Corporate Offices located at 111 S.E. lit Avenue. C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 1 /FINAL)/WEST CONSTRUCTION, INC./WORTHING PARK IMPROVEMENT PROJECT: Approve Contract Closeout (C.O. No. 1 /Final) in the amount of a $3,987.15 decrease and final payment in the amount of $9,583.45 to West Construction, Inc., for completion of the Worthing Park Improvement Project. Funding is available from 117- 4133 -572 -68.19 (Recreation Impact Fee FD: Other Improvement /Worthing Park Improvement). D. AGREEMENTS FOR LAND SURVEYING CONSULTING SERVICES: Approve Agreements with Avirom & Associates, Inc., Dennis J. Leavy & Associates, Inc., Wantman Group, Inc. and Caulfield & Wheeler, Inc. for land surveying consulting services. E. RESOLUTION NO. 19 -12: LOCAL AGENCY PROGRAM AGREEMENT /FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) /FEDERAL HIGHWAY BEAUTIFICATION PROJECT: Approve Resolution No. 19 -12 authorizing the execution of a Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for construction of the Federal Highway Beautification project. F. TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL/ PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO): Authorize submitting a Transportation Enhancement Program Grant Proposal to the Palm Beach Metropolitan Planning Organization (MPO) for construction of bicycle lanes and sidewalks on Homewood Boulevard from Old Germantown Road to Lowson Boulevard. G. AGREEMENT /LEGAL AID SOCIETY OF PALM BEACH COUNTY: Approve an Agreement between the City and the Legal Aid Society of Palm Beach County to utilize space and provide services from the Neighborhood Resource Center (NRC). 11W.110 10401110 1 OWN will) 11111111111 111 1 1111111 11111,11111 111i'll 1 1111 Merely "t INITIATIVE (DRI2) /PALM BEACH COUNTY: Approve Amendment 001 to the Fourth Agreement between the City and Palm Beach County for the Disaster Recovery Initiative Housing Rehabilitation Program (DR12) Program, correcting the maximum compensation allowed. SPECIAL EVENT REOUEST /OLD SCHOOL BEERFEST: Approve a special event request for the Old School Beerfest to be produced by Old School Square proposed to be held on April 21, 2012 from 4:00 p.m. to 8:00 p.m., on the grounds of Old School Square and Old School Square Park, and to authorize staff support for security, inspection services, event signage and reserved parking in the Old School Square Garage, contingent upon receipt of a Certificate of Liability Insurance, Alcohol Liability Insurance and Hold Harmless Agreement by April 5, 2012. SPECIAL EVENT REQUEST /151H-- ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL: Approve a special event request to endorse the 15th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. to be held May 26 - 27, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR Section 2.4.6(F) for the closure and use of N.W. 3rd Avenue from Atlantic Avenue north to the south side of the entrance to Atlantic Grove townhomes and use of the Tennis Center parking lot and North parking lot at City Hall; and to provide staff support for traffic control and security, barricading and fire inspection services. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: the actions and decisions made by the Land Development Boards for the period March 5, 2012 through March 16, 2012. L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to multiple vendors in the amount of $292,104.00 for thirteen (13) replacement vehicles; and additional awards to Emergency Vehicle Supply in the amount of $26,507.00 for the installation of police lighting and equipment in four (4) Police Department vehicles and to Knapheide Equipment in the amount of $18,570.00 for three (3) truck utility bodies and equipment. Funding is available from 501 - 3312 -591 -64.20 (Garage Fund: Machinery/ Equipment/ Automotive). REGULAR AGENDA: A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: DELRAY INN, INC.: Consider an appeal of the Site Plan Review and Appearance Board's decision regarding the Class III site plan modification request and landscape plan for Delray Inn, Inc., located at 297 N.E. 61h- Avenue. (Quasi- Judicial Hearing) B• WAIVER REOUESTS /22 N.E. 5TH STREET:Consider aunroval of two (2) waiver requests to Land Development Regulations (LDR) Section 4.5.1(E)(3)(a)l.c., "Fences and Walls ", to permit a fence measuring 6' in height within the front setback and Land Development Regulations (LDR) Section 4.6.14(B), "Sight Visibility Triangle Measurements ", to reduce the sight visibility triangle at the intersection of the driveway with the right -of -way to 6'x 6' on the east side and 10'x8' on the west side where a 10'x10' sight visibilitv triangle is required for the nronerty located at 22 N.E. 5th Street. (Quasi- Judicial Hearin C. RESOLUTION NO. 18 -12 /CHARTER REVISION COMMITTEE: Consider a resolution to establish a Charter Revision Committee for the sole purpose of reviewing the City's Charter and formulating recommendations to the City Commission. D. APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE: Appoint five (5 ) regular members to serve terms ending July 31, 2012 and four (4) regular members to serve terms ending July 31, 2013 to the Affordable Housing Advisory Committee. Based upon the rotation system, Commissioner Alperin (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5) will each make two (2) appointments, Commissioner Carney (Seat #1) will make one (1) appointment. E. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) regular member from Zone 2 to the Neighborhood Advisory Council to serve an unexpired term ending July 31, 2014. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4). F. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). G. APPOINTMENT TO THE FINANCIAL REVIEW BOARD: Appoint one (1) regular member to the Financial Review Board to serve an unexpired term ending July 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). H. APPOINTMENTS TO THE CHARTER REVISION COMMITTEE: Appoint eleven (ll) members to the Charter Revision Committee. Based on the rotation system, the appointments will begin with Commissioner Carney (Seat #1), Commissioner Alperin (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4) and Mayor McDuffie (Seat #5), with the Mayor also appointing a Chairperson. (ADDENDUM) 10. PUBLIC HEARINGS: A. ORDINANCE NO. 05 -12: Consider a privately- initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a Text Amendment of the Comprehensive Plan modifying the description of the GC (,General Commercial) Future Land Use designation to limit the maximum FAR to 0.46 for a 9.95 acre property located on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. (Quasi-judicial Hearin B. ORDINANCE NO. 12 -12: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds)", setting forth the right to use funds as appropriated in the City's budget. C. RESOLUTION NO. 16 -12 /CONTRACT FOR SALE AND PURCHASE /S.W. 101H AVENUE AND S.W. 111H-- STREET: Consider approval of Resolution No. 16 -12, and a contract for sale and purchase. authorizinLy the Citv to sell property. located in the area of S.W. 10th Avenue and S.W. 11th Street, to West Corner Venture, LLC for the purchase price of $5,175.00. 11. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 09- 12:Consider a city- initiated amendment to Land Development Regulations (LDR) Appendix "A ", "Definitions ", to expand the definition of "Restaurant (Bona Fide) ", to clarify required operations and components for restaurant uses. If passed, a public hearing will be held on April 3, 2012. B. ORDINANCE NO. 10 -12: Consider a city- initiated amendment to the Land Development Regulations of the Code of Ordinances, by amending Appendix "A ", "Definitions" by enacting a new definition of "Delicatessen "; by amending 4.6.9, "Off - street Parking Regulations ", subsection (c)(3)(d), "Restaurants "; and section 6.3.3(f), "Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe", to clarify parking requirements and sidewalk cafe components for delicatessens and similar uses. If passed, a public hearing will be held on April 3, 2012. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission WORKSHOP MEETING FEBRUARY 14, 2012 A Workshop Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Vice -Mayor Angeleta E. Gray in the First Floor Conference Room at City Hall at 6:00 p.m., on Tuesday, February 14, 2012. Roll call showed: Present - Commissioner Thomas F. Carney, Jr. Commissioner Jay Alperin Commissioner Adam Frankel Vice -Mayor Angeleta E. Gray Absent - Mayor Nelson S. McDuffie Also present were - David T. Harden, City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk Vice -Mayor Gray called the workshop meeting to order and announced that it had been called for the purpose of considering the following Items. WORKSHOP MEETING AGENDA 1. National Civic League 3rd Grade Reading Campaign Mrs. Lula Butler, Community Improvement Director, along with Dr. Debra Kaiser, Volunteer and Mrs. Janet Meeks, Education Coordinator, presented this item providing Commission with an update on the development of the Community Solutions Action plan. The National Civic League has changed the All- America City Award Program to deal with 3rd Grade Reading Levels. The plan is due to the National Civic League by March 2, 2012. Mrs. Butler stated a collaborative committee has been created and is working diligently collecting data. All six principals of schools in Delray Beach have embraced this initiative and are working with the city. Mrs. Butler discussed where we are with the plan, what has been discovered through data collection, what the plan will look like as well as highlights and deadlines. She stated the Commission's input is needed as well as resources. Dr. Kaiser discussed the goals of the program and factors that determine Yd grade reading levels. She stated we have eleven (11) public and six (6) private schools here in Delray Beach with 7,700+ children attending those schools. 2,937 of the children are Kindergarten through Third Grade students. We have full choice, embedded choice and neighborhood or non - choice schools. She summarized grade reading levels and the Fair Assessment used by the School District to determine school readiness. Mrs. Meeks stated we need the Commission to look at the constituency and come up with a group of leaders to help us get the message into the communities regarding this program. She also discussed funding, etc. and what role the Education Board will perform. Mr. Carney asked questions regarding school readiness. Dr. Alperin asked if anyone has looked at the concept of "Year Round" school as a way of reducing the loss of what the students learn. 2. Automatic Meter ReadinLy and Advanced MeterinLy Infrastructure Stud Mr. Victor Majtenyi, Environmental Services Department /Public Utilities, stated Mathews Consulting, Inc. will conduct a presentation regarding the technologies available for advanced meter reading and provided an overview of how we got to this point. He mentioned the water audit that was conducted last spring. He discussed the age and accuracy of meters and unaccounted for water. Dr. Alperin stated he needs clarification on the definition of what water loss means: is it lost from the system or lost from meters. Ms. Rene' Mathews of Mathews Consulting and Rebecca Travis, Project Manager were present and mentioned the 2010 Water Audit and conducted a Power Point presentation highlighting the various types of meter reading systems. The typical life expectancy of a meter is 15 -20 years. On average, 80% the city's existing meters and readers are approximately 15 years old and we are losing about $300,000 per year in revenue for unaccounted for water. She stated it is very important to keep the meters accurate to insure that we are billing the appropriate amount in getting the revenues back. She stated the goals of the meter reading replacement program evaluation is to look at current available technology and produce user friendly data that is easily accessible by customer service and the utility department. Ms. Mathews stated they looked at Automatic Meter Reading (AMR) and Advanced Metering Infrastructure (AM-1) systems. She stated we received proposals from six vendors and discussed the some of the highlights of the proposals. Mr. Frankel stated 96% percent of the meters work and it costs between 5.4 to 6.9 million to fix and we do not have the money. Dr. Alperin asked where the funding would come from. Mr. David T. Harden, City Manager, stated it is in the Water and Sewer Fund and there is money in the budget to start. Dr. Alperin stated that is a net savings over 15 years and asked what the life expectancy of the devices is and spoke regarding the water rates. Mr. Harden asked Ms. Mathews if the savings that are being projected include the labor savings. Mr. Carney stated that is also his question. Ms. Mathews stated yes and further discussed the savings. Dr. Alperin asked at what point are they projecting the losses will exceed the cost of the replacement. Mr. Hasko stated staff is not recommending replacing all meters at the same time. He stated the proper way to do it is to phase them in overtime which is why the 5 year program makes more sense not only from a budgetary standpoint but regarding the meter replacement program itself. Mrs. Gray asked how many meters would be replaced using a step program. Discussion continued between the Commission, staff and Ms. Mathews regarding the accuracy of meters, revenue, funding and the replacement program. 2 February 14, 2012 Mr. Carney asked if our budget includes the reserves every year of what we will spend to pay for this. Dr. Alperin asked if there is going to be a new construction project for towers that will receive these signals. Ms. Mathews discussed the options that were reiterated to the vendors regarding towers. Mr. Harden stated staff will bring this back to Commission with a request to put out a bid or Request for Proposal (RFP). 3. Presentation of 2011 Citizen Survev Results Mr. Douglas E. Smith, Assistant City Manager, presented a summary of the results from the 2011 Citizen Survey. He stated the city has been conducting a citizen survey for the past five years through the collaborative efforts of the ICMA and National Research Center. He stated for this presentation we have grouped together selective responses from the initial survey results under the City Commission's Goals areas. In the past, this information has been presented in our Annual Report or in the State of The City address. The survey company mailed out a random sample of approximately 1200 surveys this past fall. Our response rate was twenty nine percent (29 %). The survey allows us to receive feedback from our residents, take a look at our ratings from year to year and we are able to compare our results against benchmark data from other jurisdictions across the country and also through a subset of those same jurisdictions in the population range of 45,000 to 80,000. He discussed several overall categories of the survey. Dr. Alperin asked about the "Above National Average" rating; and asked was the national average listed in this. Mr. Smith explained the scores and types of reports we receive. Mr. Frankel complimented Mr. Smith for presenting within the time frame and providing the report to the Commission for their review prior to the meeting. Mr. Carney stated he found these very interesting and mentioned portions of the survey that had to do with the sense of community and diversity in the neighborhoods. He commended Mr. Smith. Mr. Harden stated we are very strong on striving to provide a sense of community. Dr. Alperin stated he found that by not knowing what the benchmark or average was it was a little bit confusing as to how important it really is as far as the percentages. Mrs. Gray asked how we determine who the surveys are sent to. Mr. Carney stated he wants to know where the greatest statistic is for those who feel a lack of community. Mr. Smith stated there is an ability to conduct cross - tabulation of statistics and further explained when the survey is normally sent out. February 14, 2012 Mayor McDuffie adjourned the Workshop Meeting at 7:30 p.m. ATTEST: MAYOR City Clerk The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Workshop Meeting of the City Commission held on Tuesday, February 14, 2012, which Minutes were formally approved and adopted by the City Commission on March 20, 2012. 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 amendments, additions or deletions to the Minutes as set forth above. 4 February 14, 2012 MARCH 6, 2012 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Nelson S. McDuffie in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, March 6, 2012. 1. Roll call showed: Present- Commissioner Thomas F. Carney, Jr. Commissioner Jay Alperin Commissioner Adam Frankel Commissioner Angeleta E. Gray Mayor Nelson S. McDuffie Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Mayor McDuffie. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel stated regarding Item 8.C., Resolution No. 12 -12: Abandonment of Drainage Easement: Saxena White Corporate Offices, he is on the Pension Board and they are one of the attorneys for the Pension Board. The City Attorney stated he does not see any conflict. Mr. Frankel moved to approve the Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 5. APPROVAL OF MINUTES: Dr. Alperin noted a correction to Item 9.A.A., Service Authorization No. 12 -01 /Mathews Consulting. Inc. /Congress Avenue Force Main Replacement: of the minutes and stated he was not referring to the Commission keeping track of the change orders; he was referring to keeping track of the number of times different engineering firms are selected. 03/06/12 Dr. Alperin moved to approve the Minutes of the Regular Meeting of February 21, 2012 as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote. 6. PROCLAMATIONS: 6.A. Community Redevelopment Agency (CRA) Awareness Month — March 2012 Mayor McDuffie read a proclamation hereby proclaiming the month of March 2012 as CRA Awareness Month in the City of Delray Beach. Peter Arts, member of the CRA Board, came forward to accept the proclamation and gave a few brief comments. 6.B. Fix A Leak Week — March 12 -18, 2012 Mayor McDuffie read a proclamation hereby proclaiming the week of March 12, 2012 as Fix A Leak Week in the City of Delray Beach. Richard Reade, Sustainability Officer, came forward to accept the proclamation and gave a few brief comments. 6.C. National Kids to Parks Day — May 19, 2012 Mayor McDuffie read a proclamation hereby proclaiming May 19, 2012 as National Kids to Parks Day in Delray Beach. Linda Karch, Director of Parks and Recreation came forward to accept the proclamation and gave a few brief comments. Mrs. Karch stated this is another part of the Michelle Obama initiative to get kids out and into parks. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. FINAL BOUNDARY PLAT APPROVAL /JOYA: Approve the Joya Plat located at the southeast corner of S.E. 1St Avenue and S.E. 1st Street. 8.B. REOUEST FOR SIDEWALK DEFERRALS /1041 SEASPRAY AVENUE: Approve requests to defer the installation of a sidewalk along Beach Drive and Seaspray Avenue for a proposed two -story single family residence at 1041 Seaspray Avenue within the North Beach Overlay District. 8.C. RESOLUTION NO. 12 -12: ABANDONMENT OF DRAINAGE EASEMENT: SAXENA WHITE CORPORATE OFFICES: Approve Resolution No. 12 -12 to abandon a 10' wide drainage easement for Saxena White Corporate Office 2 03/06/12 located at 111 S.E. 1 st Avenue. The caption of Resolution No. 12 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING A DRAINAGE EASEMENT DEDICATED BY THE "MIRAFLORES AT DELRAY" PLAT, RECORDED IN PLAT BOOK 108, PAGES 184 THROUGH 185 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A ". (The official copy of Resolution No. 12 -12 is on file in the City Clerk's office.) 8.D. AMENDMENT NO. 2 TO THE JOINT PARTICIPATION AGREEMENT (JPA)/FLORIDA DEPARTMENT OF TRANSPORTATION FDOT : Approve Amendment No. 2 to the Joint Participation Agreement (JPA) with the Florida Department of Transportation (FDOT) for the proposed landscaping along Atlantic Ave (SR 806) from I -95 to N.W. /S.W. 12th Avenue to extend the deadline to June 30, 2013. 8.E. RESOLUTION NO. 14 -12: Approve Resolution No. 14 -12 assessing costs for abatement action required to remove nuisances on thirty (30) properties throughout the City of Delray Beach. The caption of Resolution No. 14 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. 3 03/06/12 (The official copy of Resolution No. 14 -12 is on file in the City Clerk's office.) 8.F. GRANT AWARD /HOME DEPOT FOUNDATION: Accept a grant award from Home Depot Foundation in the amount of $5,000 in support of the Curb Appeal by the Block program. 8.G. AGREEMENT /EAGLE 1 RESOURCES, LLC.: Approve an agreement with Eagle 1 Resources, LLC in the amount of $18,750.00 to review existing lease agreements with Florida East Coast Railroad to see if any lease agreement expenses can be eliminated. Funding is available from 448 - 5461 -538 -31.90 (Storm Water Utility Fund: Other Operating/Other Contractual Service) and 442 - 5178 -536 -31.90 (W & S Renewal and Replacement Fund: Professional Services /Other Professional Services). 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period February 21, 2012 through March 2, 2012. S.I. AWARD OF BIDS AND CONTRACTS: 1. None Mr. Frankel moved to approve the Consent Agenda, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A. APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: T- MOBILE: Consider an appeal of the Site Plan Review and Appearance Board's decision to deny the request by T- Mobile to amend the blanket sign program for the Fountains Plaza located at 14451 S. Military Trail. (Quasi- Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi - Judicial Hearing rules into the record for this item and all subsequent Quasi - Judicial items. Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Lula Butler, Director of Community Improvement, stated this item is consideration of a request to appeal the decision made by the Site Plan Review and Appearance Board to deny the request by the agent representing T- Mobile to amend a 4 03/06/12 blanket sign program established in September 2005 for the Fountains Plaza located at 14451 South Military Trail. Mrs. Butler stated pursuant to LDR Section 2.4.7(E), the request to amend the blanket sign program approved for the shopping center to allow the use of their corporate color "PMS Rhodamine Red" was considered by SPRAB on January 25, 2012. Mrs. Butler stated T- Mobile requested to amend the blanket sign program to incorporate their local color called Rhodamine Red which is actually closer to a magenta pink. The Board agreed to allow the use of their corporate font but maintain the blanket blue vinyl assigned for the shopping center. Mrs. Butler stated LDR Section 2.4.7(E) of the land development regulations allows the Commission to grant waivers to this section of the Code after making a finding of fact that granting of the waiver shall not adversely affect the neighboring area; shall not significantly diminish the provision of public facilities; shall not create an unsafe situation; and does not result in the granting of a special privilege in that the same waiver be granted under similar circumstances on other property by the applicant or the owner. Staff recommends that the Commission uphold the decision of the Site Plan Review and Appearance Board to maintain the blanket approval. Denise Williams, represents Art Sign Company as well as T- Mobile, stated they would like to use their trademark color (pink) and noted that all the other T- Mobiles incorporate the pink into their sign. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the request, to please come forward at this time. There being no one from the public who would like to address the Commission, the public hearing was closed. There was no rebuttal or cross - examination. Mr. Frankel asked if Chase was granted a special privilege. Mrs. Butler stated she believes the black is a very deep blue; it could be black. She stated that SPRAB uniformly does blanket approvals on any shopping center that has more than two bays. Mrs. Butler stated they are trying to be more consistent about maintaining the blankets that they have established. Ms. Williams stated it is black with the blue logo and the cleaners sign is blue and there are no other tenants out there right now. Mrs. Butler stated there is a restaurant out there and their sign is blue. Mrs. Gray stated with the trademark being the color that it is, were they actually informed before leasing this piece of property that they would not be able to use their logo. Mrs. Butler and Ms. Williams stated they do not know the discussion between T- Mobile and the landlord. Mr. Carney stated SPRAB and staff have worked very hard to create these master sign packages to create some consistency. He stated he does not see a compelling reason to deviate from the Master Sign Plan. 5 03/06/12 Dr. Alperin stated he has always been big on consistency and every time you make an exception it comes back to haunt you but it is not a justification for making the same mistake again. He stated consistency is more important and we should stay with our rules and deny the request. Mayor McDuffie stated he concurs with comments expressed by the Commission as well. He stated he believes you will be able to see the word T- Mobile in blue than you are able to see it in pink. Mr. Frankel stated he agrees with Mayor McDuffie's comments; however, it appears that a special exception was granted to Chase because the sign is not in blue but is in black and blue. Mr. Frankel stated based on LDR Section 2.4.7(E) he cannot find any justification not to do it so he supports granting the appeal. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Dr. Alperin moved to adopt the Board Order as presented (denying the appeal), seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — No; Mrs. Gray — Yes. Said motion passed with a 4 to 1 vote, Mr. Frankel dissenting. 9.B. WAIVER REOUEST /SW DELRAY ONE, LLC.: Consider a waiver request with SW Delray One, LLC. to reduce the required sidewalk width from 8' to 5' along S.E. 1st Avenue for Saxena White Corporate Offices located at 111 S.E. 1St Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Mr. Frankel stated he has had no specific communications regarding the sidewalk; however, he has seen the plans of this project and talked to Chuck Jeroloman about the project in whole. Mrs. Gray, Mayor McDuffie, Mr. Carney, and Dr. Alperin stated they had no exparte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2012 -035 into the record. Mr. Dorling stated this is a waiver request to reduce the sidewalk width from 8 feet to 5 feet along S.E. 1St Avenue in association with the Saxena White Corporate Office building. 6 03/06/12 At its meeting of February 21, 2012, the Site Plan Review and Appearance Board ( SPRAB) considered this waiver request as part of a Class V Site Plan, Architectural Elevations and Landscape Plan for the Saxena White Corporate Offices which will be a three -story new office commercial building with rooftop pavilion, green roof garden area and main lobby which will open to all three floors. Mr. Dorling stated the Board approved the sidewalk width reduction from 8 feet to 5 feet and as part of that overall Class V site plan approval staff required that the sidewalk be a brick paver. He stated at their meeting SPRAB did remove that as a condition of approval. Mr. Dorling stated it is noted that DSMG, the DDA, and the CRA also considered the project and recommended approval of that brick sidewalk at that time. Mr. Dorling stated a 5' brick paver sidewalk is provided south of the proposed Saxena White Corporate Office along the east side of S.E. 1St Avenue. Staff recommends that the five foot width reduction be granted; however, that it be subject to continuing this paver block surface similar to what the DSMG, DDA, and the CRA recommended at that time. Jim Knight, 10 S.E. 1St Avenue, Delray Beach, FL 33444 (real estate broker for the property), stated the Bory building was approved with a reduced sidewalk without the brick pavers and that is closer to Atlantic Avenue. Mr. Knight stated there are brick pavers that run along Worthing Place and there is a break where there are not going to be brick pavers for the Boueri Mixed -Use Building, and then there are brick pavers to the south of The Mark Downtown. Mr. Knight stated at the SPRAB meeting the discussion was that it would accentuate the building better by having brick pavers. He stated SPRAB agreed to have the brick pavers in front of the main entrance way to the lobby which would bring more of a focal feature to the lobby and the entrance feature of the building. Mr. Knight stated the sidewalk that was installed on 2nd Avenue south that runs down to Kevro's Art Bar is a concrete sidewalk as well. Mr. Knight suggested that the brick pavers be right in front of the entranceway to office so that it brings attention to the building and stated SPRAB approved it with the brick pavers just in the main entranceway or lobby coming into the office building. The City Attorney stated a condition on the waiver is that staff is supporting the waiver provided that the City makes the sidewalk brick pavers. There was no cross - examination or rebuttal. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross - examination or rebuttal. Dr. Alperin asked about the description of the brick pavers in the Board Order. The City Attorney stated the way the Board Order reads is that it would be reduced 8' to 5' wide sidewalk subject to the conditions stated above which the condition provides that the sidewalk be brick pavers. Dr. Alperin expressed concern that the Board 7 03/06/12 Order does not say a portion of the sidewalk it says sidewalk. The City Attorney stated staff's position is that they want the entire sidewalk to be brick pavers. Mrs. Gray asked about the location. Mr. Dorling stated immediately south of this is The Mark building and there are brick pavers going south in front of their place. Mrs. Gray asked if the City is going to ask the Kevro Bar to put pavers in front of their bar. Mr. Dorling stated that is another block on another street so he is familiar with what they have been approved for. Mr. Carney stated SPRAB is happy with brick on both sides with just the pavers in the entry way and asked why staff is trying to extend the pavers. Mr. Dorling stated this is what has been consistent with what has been done to that block to the south. Mr. Frankel stated as long as he can remember it has been a dirt field and this is an amazing project and a much needed Class A office space. Dr. Alperin asked if the property north of it requires bricks in that corner. Dr. Alperin stated he agrees that we should have required bricks here and if both ends had the bricks he would have been very insistent on the bricks. However, Dr. Alperin stated since it is not on both ends I do not think we will have trouble acquiring it all the way across. Mr. Carney stated he is very happy they are doing the project here. Mayor McDuffie concurred with comments expressed by Commissioner Carney. He does not want the Commission to change something that SPRAB approved one way. The City Attorney stated it appears that the consensus of the Commission and the applicant have also agreed that we have the brick pavers just in front of the entry way and at no other place on the sidewalk. The City Attorney suggested that the condition be modified in the Board Order that staff support the waiver subject to the condition that the sidewalk be brick pavers in front of the entry way as approved by SPRAB and the rest of it will be just cement. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Dr. Alperin moved to adopt the Board Order with the modified condition, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 8 03/06/12 9.C. WAIVER REOUESTS/WAYSIDE HOUSE: Consider approval of two (2) waiver requests to Land Development Regulations (LDR) Section 4.4.13(F)(1)(a), "Height ", to permit a building addition to be constructed less than the minimum height requirement of 25'; and Land Development Regulations (LDR) Section 4.4.13 (F)(4)(b)(1), "Lower Levels ", to permit a building addition to exceed the lower level setback requirements for building on N.E. 6th Avenue, within the Central Business District (CBD) for Wayside House located at 328 -378 N.E. 6th Avenue. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -065 into the record. Mr. Dorling stated this is a request for approval of two waivers associated with the Wayside House located on the west side of 6t Avenue or northbound Federal Highway, a residential licensed service provider, located at 328 -378 N.E. 6th Avenue. Mr. Dorling stated what is being proposed is a building addition and the waivers are associated with the minimum height which is in the CBD required to be 25 feet and the existing building is less than that and this addition will be consistent in height with respect to that. The second waiver is a requirement that requires building setbacks to be reduced and the buildings to be on the street to certain percentages and this is a setback which exceeds that minimum. Mr. Dorling stated the minimum is ten feet for 70 -90% of the building and this building setback is about 25 feet. He stated the setback is along 6th Avenue and it is in excess of that which is required by the Code and is consistent with this building. Mr. Dorling stated the required findings are made in the staff report and staff recommends approval. Jose Aquila, Currie Sowards Aquila Architects, 134 N.E. 4 I Avenue, Delray Beach, FL 33444, stated SPRAB supports the waiver requests and he is present for any questions the Commission may have. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. There was no cross - examination or rebuttal. Dr. Alperin stated this organization is a role model for how treatment facilities should be done. He stated he has known them for 20 years or more and he wished organizations in our city and around us would use them as to how it should be 9 03/06/12 housing the clients for their treatment. Dr. Alperin stated the waivers that they are requesting are well within reason. For the record, Mr. Frankel clarified that this is not Delray Motel. Mr. Dorling stated this is not Delray Motel. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Dr. Alperin moved to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 9.D. WAIVER REQUEST /1041 SEASPRAY AVENUE: Consider a waiver request to reduce the required sight visibility triangle from 10' to 4'6" for a clear line of sight between 3' and 6' height in the area along both sides of the driveway on 1041 Seaspray Avenue for a proposed new two -story single family residence within the North Beach Overlay District. (Quasi- Judicial Hearing) Chevelle D. Nubin, City Clerk, swore in those individuals who wished to give testimony on this item. Mayor McDuffie asked the Commission to disclose their ex parte communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2012 -043 into the record. Mr. Dorling stated this request is for a reduction in the sight visibility triangle from 10' to 4' 6" along both sides of the driveway on 1041 Seaspray Avenue associated with a new single family residence built on this site and the site visibility triangles will be reduced if the Commission approves the waiver to 4' 6" feet rather than 10 feet. Mr. Dorling stated there is a requirement in the LDRs that a clear line of sight distance be provided between three feet and six feet in height within a ten foot site visibility triangle. He stated there are some proposed aluminum gates and concrete columns that are impinging that site visibility to 4' 6" in this situation. Mr. Dorling stated required findings need to be made and the property line is actually going to be 10' 7" from the driveway intersection with the roadway of Seaspray Avenue and there is no suggested future expansion of that roadway. Mr. Dorling stated the ten foot site visibility area will be available outside of the property line in addition to the 4' 6" within the property line as required by Code. Staff recommends approval. There was no applicant present to speak. 10 03/06/12 Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver request, to please come forward at this time. There being no one from the public who wished to address the Commission, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the Commission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel moved to adopt the Board as presented, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote. 9.E. VALET PARKING QUEUE EXPANSION /PRIME STEAKHOUSE: Consider approval of a request from Prime Steakhouse, located at 110 E. Atlantic Avenue, to expand their valet parking queue from 2 to 6 spaces. Scott Aronson, Parking Management Specialist, stated the current valet queue is on S.E. 2nd Avenue on the west side where Worthing Park and Worthing Place is. Mr. Aronson stated they currently have the two spaces on the west side of the roadway and they are requesting for two spaces on the east side of the roadway in front of what was formally the VFW. He stated the two restaurants opening in Worthing Place plus the VFW 3,100 square foot restaurant is bringing a lot more business to that valet queue. Mr. Aronson stated the other challenge with this valet queue is the southbound 1St Street is eastbound towards the bridge so the parking is in the Federspiel Garage and they use the 40 part-time spaces for the 110 E. Atlantic Avenue building. He stated in order to get to the Federspiel Garage which is around the corner they have to use 2nd Street so they are coming two blocks south one block east and two blocks back north to be able to part the vehicle. Mr. Aronson stated the return trip to the customer is to Atlantic Avenue and across and then coming back to the queue on the west side. Staff is in favor of the queue on the east side and it is a project that they tried with the Kyoto Sushi queues on N.E. 2nd Avenue and the reason for that failure was because it was for drop off for customers only and their parking lot was to the north of the furniture store. Mr. Aronson stated if they would have accepted vehicles on that side of the street they would have had the same challenge staff is trying to correct here by having to go to Atlantic Avenue and then four blocks to get to the parking. Mr. Aronson stated in this instance it works well because the valet stand is in clear view of the spaces so they can see who is pulling in there and if they do accept vehicles from incoming customers it is a one block turn. He stated it does put them back on Atlantic Avenue but in a western direction which is less busy during that critical time between 7:00 -9:00 p.m. when they are doing the changeover seating. Mr. Aronson stated the applicant is requesting for two spaces on the west side to give them a total of four spaces. He stated they have about 10,000 square feet of restaurant that will be opening in the near future in addition to the prime location and other restaurants in that area. Mr. Aronson stated this will be a total of six valet parking spaces and the number of spaces would not be inconsistent with valet parking 11 03/06/12 services. Mr. Aronson stated the current rate is $100.00 per space per month and would add an additional $4,800.00 per year to the General Fund. Staff recommends approval. Mr. Frankel stated Prime Steakhouse is really the same principals and asked Mrs. Butler to give an update on IL Bacio's situation with the noise and any outstanding Code Enforcement fees. Mrs. Butler stated there were a number of violations that were cited over the last couple of years and a lot of them have been cured. She stated the one regarding the noise went to the Code Enforcement Board and the two attorneys requested a stay while they work things out. However, Mrs. Butler stated when the City performed a late night inspection as a staff team in the downtown area they discovered that there is a serious problem with IL Bacio and how the business their conducting versus what has been approved so staff is in the process of working that violation through the process. Mr. Frankel stated if the expansion is granted it is turning a blind eye of what has been going on there. He stated it is right next to IL Bacio, it is the same principals as IL Bacio, having a two sided valet creates a dangerous precedent, and considering the entire situation in general, he is not comfortable granting the request. Mrs. Gray stated she is in favor of the extra valet spaces because earlier this morning when she went there all the parking spaces in the front on S.E. 2nd Avenue are all taken up already before the lunch or breakfast crowd gets there. She stated the Park Tavern is open now and another restaurant will be opening up in the next month along with the VFW she feels we will need a valet otherwise all the traffic will back up onto East Atlantic Avenue. Mrs. Gray stated the noise issues are still being worked out but she supports the valet queue. Mr. Carney asked Mr. Frankel to define how this is the same as IL Bacio. Mr. Frankel stated Prime Steakhouse is a restaurant and the same owner owns IL Bacio and is located a block away and is really servicing IL Bacio. Mr. Frankel stated to do a favor for a business that has caused the City and its residents numerous headaches he does not think they should be rewarded. Mrs. Gray stated that would be servicing all the restaurants there not just a restaurant because anyone that pulls up could actually use the valet queue. Mr. Aronson stated they are open to the public and this was a program that the City tried several years ago and the separation of incoming and outgoing vehicles is sometimes critical. He stated when the cars are delivered back to valet queue sometimes if two couples are eating dinner and arrived in two different cars and leave to say goodbye their cars sit in the valet queue while cars are waiting to enter and there are only two valet spaces. Mr. Aronson stated this would improve traffic flow by allowing those waiting to enter the valet queue. Dr. Alperin concurred with Commissioner Frankel's concerns and stated he is not sure that using this as a tool against IL Bacio is appropriate. Dr. Alperin stated he too is disappointed that the Commission is seeing this now before they have their final discussion of what the contract should be like. Dr. Alperin stated he will not support this at this point because he wants to see what the discussion is going to be and what the final 12 03/06/12 decision is. Dr. Alperin stated he thinks they are very important and that site is going to be heavily needed but he wants to see standards. Mr. Carney concurred with comments expressed by Dr. Alperin. Mayor McDuffie stated there are several merchants who stand to benefit from this and hopefully also Atlantic Avenue stands to benefit by this and the community traffic flow in this area would be better. Mayor McDuffie agrees that with all the renewal of these valet parking queues coming up we need to have a discussion and find out where we are and suggested that this be postponed and wait until we have been through that process. Dr. Alperin requested that staff provide an update regarding the two -way pairs at the next meeting. After brief discussion, it was the consensus of the Commission to postpone Item 9.G. The City Attorney stated this item is not advertised so the Commission does not need to postpone this item to a time certain; they can just postpone it. Mr. Carney moved to postpone Item 9.G., seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 9.F. RESOLUTION NO. 13 -12 /COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approval of Resolution No. 13 -12 authorizing the Community Redevelopment Agency (CRA) to issue Tax Increment Redevelopment Bonds not to exceed $4,000,000.00 to fund certain projects. The caption of Resolution No. 13 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (THE "AGENCY ") TO ISSUE TAX INCREMENT REDEVELOPMENT REVENUE BONDS, IN ONE OR MORE SERIES (THE 'BONDS "), IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED FOUR MILLION DOLLARS ($4,000,000) TO BE OUTSTANDING FROM TIME TO TIME PURSUANT TO A REVOLVING LINE OF CREDIT UPON TERMS HEREINAFTER DESCRIBED; AUTHORIZING THE PROPER OFFICIALS OF THE CITY TO DO ALL OTHER THINGS NECESSARY TO ASSIST THE AGENCY IN 13 03/06/12 THE ISSUANCE OF THE BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. (The official copy of Resolution No. 13 -12 is on file in the City Clerk's office.) Diane Colonna, Executive Director of the Community Redevelopment Agency (CRA), stated this request is for the City Commission to authorize the CRA to obtain a line of credit from City National Bank through the issuance of redevelopment bonds in the amount of up to $4 million. Ms. Colonna stated this would allow the CRA to borrow funds at an interest rate of 2.1% which was the lowest interest rate proposed after the CRA issued an RFP and there were four responses submitted. She stated the money will be used for public infrastructure projects and also for acquisition of property that would be used for public purposes. Ms. Colonna stated this would be a revolving line that the CRA would have up to three years to access the funds and pay it back within five years. She stated there is no prepayment penalty if the funds are not used and the CRA is doing this to get a greater cash flow for a number of projects. Mrs. Gray inquired about the bond dollars. Ms. Colonna stated the loan will not be used for that and the CRA has pledged TIF (Tax Increment Financing) dollars for that so the regular TIF revenue the CRA receives from the City would be used for that. She stated this revolving line would be used for the infrastructure projects listed in the CRA memo. Mrs. Gray asked if the hotel has their financing. Ms. Colonna stated the hotel does have financing and the CRA's funding would be secondary to fill a gap. She stated they have to put 20% equity in then they have financing they are getting from their own sources and then the gap of what they are able to get and the addition that is needed would be potentially made up for a five year loan from the CRA. Mrs. Gray asked when the redevelopment would start. Ms. Colonna stated it has been taking some time for the CRA to negotiate the agreements but they are on the CRA agenda for Thursday night. She stated the CRA has a lease agreement and a loan commitment letter and if the lease agreement is approved then they have to get their franchise agreement in place. Ms. Colonna stated there are timeframes built into the lease. Mrs. Gray asked what happens with the other acres of land. Ms. Colonna stated the CRA has the RFP for the rest of the land also on Thursday night's agenda. Mr. Carney moved to approve Resolution No. 13 -12, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:05 p.m., the Commission moved to Item 10, the duly advertised Public Hearings portion of the Agenda. 14 03/06/12 10. PUBLIC HEARINGS: 10.A. RESOLUTION NO. 09 -12 /CONTRACT FOR SALE AND PURCHASE /421 S.W. 5th AVENUE: Consider approval of Resolution No. 09- 12, which incorporates a Contract for Sale and Purchase between the City and the Community Redevelopment Agency (CRA) to provide that the City agrees to accept the property in "As Is" condition and to restrict use of the property to public uses, including but not limited to drainage retention, for the benefit of the general public located at 421 S.W. 5th Avenue in the amount of $10.00. The caption of Resolution No. 09 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO ACQUIRE CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE FROM THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, SELLER, TO THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 09 -12 is on file in the City Clerk's office.) A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this item is for the contract for sale and purchase of a piece of vacant property at 421 S.W. 5th Avenue. The City is purchasing this property from the CRA for the amount of $10.00 to be used for drainage retention. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 09 -12, the public hearing was closed. Dr. Alperin moved to approve Resolution No. 09 -12, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes. Said motion passed with a 5 to 0 vote. 10.A.1. INTERLOCAL AGREEMENT /COMMUNITY REDEVELOPMENT AGENCY (CRA): Consider approving an Interlocal Agreement with the Community Redevelopment Agency (CRA) providing that the City agrees to accept the property in 15 03/06/12 "As Is" condition and restrict the use of the property to public uses, including but not limited to drainage retention, for the benefit of the general public located at 421 S.W. 5th Avenue; contingent upon approval of Resolution 09 -12 and the Contract for Sale and Purchase. The City Attorney stated this covers the same thing as the previous item (Item 10.B.). Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding the Interlocal Agreement with the Community Redevelopment Agency (CRA) and the City, the public hearing was closed. Dr. Alperin moved to approve the Interlocal Agreement, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 10.B. RESOLUTION NO. 11 -12 /CONTRACT FOR SALE AND PURCHASE /530 N.W. 47th AVENUE: Consider approval of Resolution No. 11 -12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program property located at 530 N.W. 47th Avenue to Jean Louigene Nelan for the purchase price of $45,000.00. The caption of Resolution No. 11 -12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. (The official copy of Resolution No. 11 -12 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. Lula Butler, Director of Community Improvement, stated this item is a request for the Commission to approve the sale of a property located at 530 N.W. 47th Avenue purchased under the Neighborhood Stabilization Program for the amount of 16 03/06/12 $45,000.00. Mrs. Butler stated the City received $1.9 million and acquired about 14 units and are now in the process of rehabbing and selling those off. She stated this property is located in Rainberry Woods. Mrs. Butler stated this property was appraised at 65,000 and brought up to Code; the second appraisal was by the bank; and the subsequent third appraisal was 45,000. She stated this is going to a very low- income person and it is a standard house that will last another 20 years because of the improvements that have been done. Staff urged the Commission to allow the City to sell this house as proposed. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Resolution No. 11 -12, the public hearing was closed. Dr. Alperin moved to approve Resolution No. 11 -12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non - Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.13. From the Public. 11.B.1. Kevin Warner, 248 Venetian Drive, Delray Beach, FL 33483, thanked the Commission for funding for more staffing at Fire Station No. 2. 11.B.2. Gerald Franciosa, 939 Eve Street, Delray Beach, FL 33483 (lived in Delray Beach since 1998), thanked Dr. Alperin for serving and the entire Commission. Mr. Franciosa stated there was an article in the Sun - Sentinel about the Inspector General of Palm Beach County is questioning the City's trash agreement. He stated his garbage has been picked up twice a week; his recycling is picked up once a week; his bulk pick up is picked up once a week. Mr. Franciosa stated he gets four pickups a week and it now costs him $13.63. Mr. Franciosa stated he has lived in his neighborhood for 13 years and has never had a problem with Waste Management. He stated if he ever had a problem with them they were right there and they took care of it. He stated if the City does not need to fix it then don't. Mr. Franciosa stated Waste Management is a good company and the drivers are very courteous and if there is a mess in the street and you call, they come and take care of it. Secondly, Mr. Franciosa stated there is something on the Agenda on First Reading and there was a change on the staff report which was made that night at the last Planning and Zoning Board meeting. He stated he looked at the Agenda backup and the 17 03/06/12 change was not made on the backup. Mr. Franciosa stated he would like to know if staff eventually presents it to the Commission with the changes or if they never get to see the changes. 1LB.3. Alice Finst, 707 Place Tavant, Delray Beach, FL 33445, stated there is a ballot item that has not been publicized and asked if there is a possibility of getting out to the papers the "whys" and "wherefores" of the ballot item and putting signage up to let people know the day and date when the vote is to be taken. Secondly, Mrs. Finst stated she received a special courtesy notice seeking public input of potential infrared structure deficiencies in her 201 home neighborhood. She did not see any notice of this meeting in the papers. Mrs. Finst stated she went to the meeting to speak on potential infrastructure deficiencies and it was announced at this portion of the meeting which was sandwiched into a Planning and Zoning Board meeting held at the Environmental Services Building on South Swinton Avenue that this would replace the Town Hall Meeting which had been held every January for years at Old School Square. She stated originally the Town Hall Meeting was held at Old School Square with great turnout and the meeting at South Swinton Avenue had about 12 people. Mrs. Finst stated residents and neighbors attended the former Town Hall Meetings and were given an opportunity to tell what was going on in their neighborhoods and to share their neighborhood concerns. However, it seems that more restrictions were put on public openness and the conversations were limited to structured questions and last year only about 30 people showed up from former years when the Crest Theatre was jammed. Mrs. Finst urged the Commission to hold a Town Hall Meeting for 2012 to have open conversations to find out how all neighbors feel and get back to the old way of doing things in the village -by- the -sea. She urged the Commission to put this on the next Agenda for conversation. 11.B.4. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446, stated he stands before the Commission in defense of freedom, the rule of law, and the United States Constitution. Mr. Faustin read a brief statement into the record regarding freedom and commented about his political signs during a 2010 early voting cycle. He stated on October 26, 2010 he went to Delray Beach City Hall, a Palm Beach County 2010 early voting site, and upon arrival he did not find a marked solicitation area like all the other early voting sites he had visited. 11.B.5. Christina Morrison, 2809 Florida Boulevard, Apt. #207, Delray Beach, FL 33483, stated the Waste Management contract has not been bid out in over a decade and the specs are not current. She asked that the contract be put out for bid properly. Readings. At this point, the time being 7:24 p.m., the Commission moved to First 18 03/06/12 12. FIRST READINGS: 12.A. ORDINANCE NO. 05 -12: Consider a privately- initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for a 9.95 acre property located on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. If passed, a public hearing will be held on March 20, 2012. office.) The caption of Ordinance No. 05 -12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE GC (GENERAL COMMERCIAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012 "; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 05 -12 is on file in the City Clerk's The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a privately sponsored Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and text amendment to the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum 19 03/06/12 FAR (Floor Area Ratio) of 0.46 for a 9.95 acre property located on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway). Mr. Dorling stated this was originally annexed in the 1970's and those buildings were constructed. In 1991, the City went through some changes and put a zoning designation of Planned Office Center (POC) on this site and a land use designation of Transitional (TRN). Mr. Dorling stated this request is to change that land use and zoning to those designations as indicated as well as the text amendment. He stated this is part of the South Federal Highway Redevelopment Plan and there have been four public meetings in the Commission Chambers over the past year. Mr. Dorling stated as part of the proposal and public hearing there were two options that have been discussed for this parcel; one is to go to PC consistent with the PC and the balance with the exception of AC (Automotive Commercial) which would make the entire parcel commercial; the other option was to take it to AC consistent with the other commercial land use in that corridor. Mr. Dorling stated there has been some discussion that this is premature and he noted that if the plan was adopted we would be initiating this very change. Staff recommends approval. At its meeting of February 27, 2012, the Planning and Zoning Board considered this and the Board had concerns which centered on issues which are more appropriate at the site plan approval stage. There was significant discussion about widths and buffers proposed as part of this development but staff feels this is premature at this point but it is whether the City should be looking at a commercial designation rather than an office. Mr. Dorling stated a commercial designation provides greater flexibility for this property. Mrs. Gray stated the residents in that community are concerned about the big box businesses and asked how we can protect them with changing it to the General Commercial. Mr. Dorling stated in the plan they deal with additional regulations which limit the maximum size of any one user and there is some other issues about buffering. He stated any development that is ultimately put forward on this project under a rezoning is required to be consistent and compatible with the adjacent development. Dr. Alperin stated he has spoken to the applicant and has heard from some of the local residents as well. Dr. Alperin stated he too would be very concerned about seeing big box businesses which would be very inconsistent with the development around it. He stated it is very important that this applicant speak to the neighbors directly and get a feel for their concerns and see if there is some way to resolve the differences so that by the time it comes for a public hearing they will not hear a screaming crowd that has not been communicated with by the applicant. Dr. Alperin stated this would save a lot of time and maybe get rid of some false rumors or intentions. He will support on first reading. Mr. Carney concurs with Dr. Alperin and stated any time a tract of land borders on a residential area special considerations need to be addressed. Mr. Carney stated at the same time this intersection has evolved from the original zoning that they were granted. He stated the office complex is not working and it has become much more of a commercial corner. Mr. Carney sated the applicant needs to be sensitive to the abutting populations and is hoping that there is going to be some serious discussions on 20 03/06/12 how to best address some of the concerns. Mr. Carney stated he will support this on first reading because ultimately this is a good change for that corner. Mr. Frankel stated this is a premier corner of our city and expressed concern with losing control of what would go there and with the 5 to 0 vote by the Planning and Zoning Board after "intense discussion ". He stated whenever there is a unanimous vote against that raises great concern. Mr. Frankel stated tonight he is willing to go forward. The City Manager stated staff is correct that unfortunately Planning and Zoning got into a lot of site plan issues which the Commission cannot solve at this stage and feels they should wait until they have the site plan in front of them. Mayor McDuffie concurred with comments expressed by the City Manager. Mayor McDuffie stated we have reached out as a community, City Commission, and business development people and tried to find merchants to come into this corner. Mayor McDuffie stated as noted by Commissioner Frankel this is one of the prime pieces of property in the city and does not feel it will get out of control. Dr. Alperin moved to approve Ordinance No. 05 -12, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray - Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes. Said motion passed with a 5 to 0 vote. 12.B. ORDINANCE NO. 12 -12: Consider a city- initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", setting forth the right to use funds as appropriated in the City's budget. If passed, a public hearing will be held on March 20, 2012. office.) The caption of Ordinance No. 12 -12 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, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM ", SUBSECTION (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 12 -12 is on file in the City Clerk's 21 03/06/12 The City Attorney read the caption of the ordinance. Paul Dorling, AICP, Director of Planning and Zoning, stated this is a city - initiated LDR to the Public Arts Program clarifying the City's right to use the funds as appropriated in the City's budget. In 2005, the City Commission established a Public Arts Program and those regulations allowed for the City to appropriate 1.5% of total eligible construction costs to be used for various components of the Public Arts Program. He stated in recent budget revisions the Public Arts Program's money along with Capital Improvement Project dollars were considered for reallocation. Mr. Dorling stated this amendment would clarify that the Public Arts Program Funds can be utilized for not only Public Arts Programs but for other purposes as otherwise appropriated in the City budget. At its meeting of February 27, 2012, the Planning and Zoning Board reviewed this amendment and there several members of the public that spoke in opposition to this amendment including people from the Public Arts Board. After intense discussion, the Board recommended denial of the proposed amendment with a 3 to 1 vote (Mark Krall dissenting). Mr. Carney asked if the City should leave some funds in that account to ensure that they can continue some of things that they are actually charged with doing. The City Manager stated they have a consultant's contract and if there is a need the City will find some money and take care of it. However, the City Manager stated that maintenance is one thing but when talking about grants it sounds like they are doing something new somewhere. Mayor McDuffie stated some of the thoughts going around are that the City is doing this just to pick the Public Arts Board pocket. He stated the Commission understands the need for what happened this year and it is not planned to go pick anyone's pocket in particular to balance a budget. However, Mayor McDuffie stated the City had to enable what had already been decided upon. Mrs. Gray asked if next year when the budget is balance this could be something that we can always put back. The City Manager stated this is something that can always be put back. Dr. Alperin stated the Commission is passing the ordinance to allow this to happen and only agreeing to do it for this year and it does not mean that the City is going to take the money next year. Dr. Alperin stated this sends a message to the Public Art Board that the City gave the Board the money and it is expected to be used for public art. Dr. Alperin stated the money was there; the City needed it and is taking it. However, Dr. Alperin reiterated that this does not mean the Commission is against public art but it should be spent for that purpose. Mr. Carney stated as we do projects it is getting replenished anyway. The City Manager stated this depends on the project as they come along. 22 03/06/12 The City Attorney clarified that it is not private projects it is public projects. Therefore, the City Attorney stated private developers are not contributing to this. Dr. Alperin moved to approve Ordinance No. 12 -12, seconded by Mr. Frankel. Upon roll call the Commission voted as follow: Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 7:50 p.m., the Commission moved back to Item 9.13. of the Regular Agenda. 9.G. REIMBURSEMENT REQUEST /ROBERT GOLDSTEIN: Consider a request to reimburse Robert Goldstein the amount of $13,161.85 for Plan Review fees paid upon the submission of a permit application for a new single family home on July 19, 2005. Lula Butler, Director of Community Improvement, stated this item is consideration of a request from Mr. Robert Goldstein to reimburse him plan review fees paid upon the submission of a permit application for a new single family home on July 19, 2005 in the amount of $13,161.85. Mrs. Butler stated Mr. Goldstein's initial request for reimbursement was made to her in April 2007 and her response to him acknowledging that we could not do that was done in a letter dated May 2, 2007. Mrs. Butler stated she heard from him again in August 2011 where he called to follow -up on his letter because she said in the letter that if he disagreed with staff's position his recourse was up to the Commission. She stated his position was that since he did not build a home the City did nothing to earn the plan review fees made on his initial submission. Mrs. Butler stated the permit was submitted in July 2005 and the plans were immediately routed to Planning and Zoning because it was identified by staff that it was in the Beach Overlay District and it did not come in the correct way with the required application. Mrs. Butler stated Planning and Zoning disapproved the application and that information was communicated to the Project Architect on July 28, 2005. In addition, she stated one of the things he had said was that one of maps his architect looked at was incorrect. Mrs. Butler stated in the Beach Overlay District Manual there are two different maps; one shows the entire area that was served and one appears to have cut off the property in that. However, Mrs. Butler stated the map that Mr. Goldstein would have discussed with staff in the office shows the property to be in the Beach Overlay District. She stated the land management file is set up to identify properties in the Overlay District when someone applies for it because that is how staff makes sure that those things do not slip through the crack. Mrs. Butler stated once those comments were submitted back to the architect, staff proceeded to route the plans to Public Utilities, Engineering, and the Plan Reviewers for structural, mechanical, electric and plumbing. Mrs. Butler stated based on State Statute that if there is no action on a permit within six months of submitting it then it dies. Therefore, Mrs. Butler stated his request has been made 17 months after the permit was submitted and staff recommends denial Mr. Goldstein's request. 23 03/06/12 Mr. Frankel moved to approve the reimbursement request from Mr. Robert Goldstein, seconded by Dr. Alperin. Upon roll call the Commission voted as follows: Mr. Carney — No; Dr. Alperin — No; Mr. Frankel — No; Mrs. Gray — No; Mayor McDuffie — No. Said motion was DENIED with a 5 to 0 vote. 9.11. SPECIAL EVENT REQUEST /FOOD TRUCK JAM: Consider approval of a special event request for the Food Truck Jam to be produced by Ruth Rales Jewish Family Services proposed to be held on May 6, 2012 from noon to 4:00 p.m. on the Old School Square Park grounds; and to authorize staff support for security and traffic control, trash removal and site cleanup, and fire inspection services; contingent upon meeting the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this request is for Commission to consider approval of this special permit request for this event produced by Ruth Rales Jewish Family Services proposed to be held on May 6, 2012 from noon to 4:00 p.m. on the Old School Square Park grounds and would also require staff support for traffic control, security, fire inspection services, and trash removal and clean up. Mr. Barcinski stated the total estimated overtime costs are $2,185; trash boxes $90 for a total of $2,275. Per the Special Event Policies and Procedures, the event producer will pay 100% of all City costs of $2,275 including park rental plus the $600 park rental. Staff recommends approval subject to the following four (4) conditions: (1) receipt of a rental agreement with Old School Square Park by April 6, 2012, (2) receipt of a Certificate of General Liability and Alcohol Liability Insurance by April 23, 2012, (3) Require the site to be fenced or at least the beer garden, and (4) receipt of a copy of the Temporary Liquor License by May 1, 2012. Dr. Alperin stated he is always concerned about how many events we do and commented about this being a 4 hour event. Mr. Barcinski stated this is for their supporters, volunteers, and potential volunteers. Mr. Frankel suggested that next week when this is discussed at the Workshop that staff put together a calendar over the last year and show the Commission what events have occurred on those weekends (preferably during season). Mr. Barcinski stated with regard to the tennis tournament weekend he tries to get all the organizations coordinating so that things are not jammed up. Mr. Barcinski stated he has told to them several times about not scheduling anything else on the tennis tournament weekend; he stated the art show was his fault but next year this will not happen. Mr. Barcinski stated some of this he has control over and some he does not. Mr. Frankel stated he noticed in both Items 9.1-1. and 9.I. is a condition that there is a rental agreement between the applicant and Old School Square and he would like to know if Old School Square is interested in hosting the event. Mr. Barcinski stated originally they went to Old School Square and their fee was higher than the City's. Mr. Barcinski stated Old School Square is doing their beer fest the end of April instead of Circle on the Square and this is more of a private event. If they had done this with tents and not food trucks this could have been a park rental. 24 03/06/12 Mrs. Gray asked if the problem with all the activity is because of the finances and the City is not getting the dollars or is because we cannot manage all the events. In response, Mr. Barcinski stated when the City required the events to pay 100% of the overtime costs he thought the event requests would slow down and staff is actually seeing more requests. Dr. Alperin moved to approve the Special Event Request for the Food Truck Jam to be held on May 6, 2012 from noon to 4:00 p.m., subject to the conditions listed in the staff report, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Dr. Alperin — Yes; Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes. Said motion passed with a 5 to 0 vote. 9.I. SPECIAL EVENT REQUEST/DELRAY ROCKS: Consider approval of a special event request for Delray Rocks, a music festival, to be produced by Josh Davis to be held on September 22, 2012 from noon to 11:00 p.m. at Old School Square and in Old School Square Park; and to authorize staff support for security and traffic control, EMS services, fire inspection, site cleanup and trash removal, event signage, use of the small city stage and trash boxes; contingent upon meeting the conditions listed in the staff report. Robert A. Barcinski, Assistant City Manager, stated this is a request for the Commission to approve a special event permit request received from Josh Davis for a proposed music festival to be held at the grounds of Old School Square and in the Old School Square Park on September 22, 2012 from noon to 11:00 p.m. The Commission is also requested to approve staff support for traffic control and security, EMS assistance and fire inspection, site cleanup, trash removal, trash boxes, event signage and small stage use. Mr. Barcinski stated there is a site plan with this request and the event producer plans on using the entire site, setting three stages up, having different bands rotate between the stages. The estimated overtime is $15,465; stage rental of $530; trash boxes $245; signage $250; and the park rental for that day would be $1,000 for a total of $17,490 at which all would have to be paid to the City. Staff recommends approval subject to the following seven (7) conditions: (1) receipt of a rental agreement with Old School Square by August 22, 2012, (2) receipt of a rental agreement with Old School Square Park by August 22, 2012, (3) receipt of a Certificate of General Liability and Alcohol Liability Insurance and a signed Hold Harmless Agreement by September 1, 2012, (4) require the site to be fenced, (5) require an on -site dumpster and grease disposal barrels, (6) receipt of a non - refundable deposit of $4,000 by September 1, 2012, and (7) receipt of a copy of the Temporary Liquor License by September 14, 2012. Mr. Frankel inquired about the $4,000 non - refundable deposit and asked if the total amount of $17,490 need to be paid prior to the event date. Mr. Barcinski stated the City has never required that because staff does an estimate which is based on actual overtime (i.e. who works it, what their hourly rate is and what their overtime rate is). 25 03/06/12 Dr. Alperin stated if any one of the deadlines is not met, he feels for the City to be credible and to be able to enforce it, if the event producer misses one date it should be cancelled. Mr. Barcinski stated if the Commission would like to move up the non- refundable deposit date and make it sooner than September 1, 2012, this can be changed in the conditions and made a part of the approval. Mrs. Gray asked if we are doing this with everyone or just starting with this request. Mr. Barcinski stated this has been done before (i.e. the Italian Fest who never paid the City) and have done it with some of the other big events that are new. Dr. Alperin stated the first times are the biggest risk and those are the ones that the City should require a higher deposit. Mr. Frankel stated they are anticipating a net profit of $125,000. Dr. Alperin recommended that the Commission move the dates in the conditions to August 1, 2012 and increase the non - refundable amount to $10,000. Prior to the vote, Mrs. Gray asked if this is a fundraiser. Mr. Davis stated this is a for - profit event but it will have the same structure as the Garlic Festival where they use local volunteers to staff the event and a portion of the profits will be going to those volunteer organizations depending on the success of the event. Mr. Carney moved to approve Item 9.I. with the moving up of the date for the non - refundable deposit to be August 1, 2012, and increase the amount of the non- refundable deposit to $10,000 and with all the conditions as listed to be moved up to August 1, 2012, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel — Yes; Mrs. Gray — Yes; Mayor McDuffie — Yes; Mr. Carney — Yes; Dr. Alperin — Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD: Appoint one (1) regular member to the Public Art Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). Mr. Carney stated he would like to defer his appointment to the next regular meeting of March 20, 2012. At this point, the time being 8:18 p.m., the Commission moved to Item 13, Comments and Inquiries on Non - Agenda Items. 13. COMMENTS AND INQUIRIES ON NON - AGENDA ITEMS. 13.A. City Manager 26 03/06/12 The City Manager distributed a memo to everyone regarding the mid -year budget review. Secondly, the City Manager reminded everyone that the Workshop meeting is on Thursday, March 15, 2012. Due to two large conflicts, it was the consensus of the Commission to change the meeting time from 6:00 p.m. to 4:00 p.m. Lastly, the City Manager stated Kelly Smallridge spoke at the League last week regarding the Tourist Development Council and talked about the equestrian events in Wellington and one of the ways the Tourist Development Council is trying to support those is they find a lot of CEO's have their children in those events. The City Manager stated the City of Delray Beach could do the same thing with the four youth tennis events and find out if there are business owners coming to those events and market Delray to those people while they are here. U.B. City Attorney The City Attorney had no comments or inquiries on non - agenda items. U.C. City Commission 13.C.1. Dr. Alperin Dr. Alperin suggested that the Commission have discussion to consider creating a Charter Review Committee at the March 15, 2012 Workshop Meeting. 13.C.2. Mr. Carney Mr. Carney stated with regard to the reviews for the City Manager and the City Attorney in May and the Commission would need consent to change their local rules when they are adopted in late March. 13.C.3. Mrs. Gray Mrs. Gray reminded everyone to vote on Tuesday, March 13, 2012. Secondly, Mrs. Gray stated the tennis tournament last week was great. She stated there were concerns from some of the visitors about being approached by the panhandlers. Mrs. Gray stated there was a demo done by Craig Smith and asked staff for the results of that. the hotel. Mrs. Gray stated she is glad to see that the CRA is moving forward with 27 03/06/12 Lastly, Mrs. Gray stated today is her birthday. 13.C.4. Mr. Frankel Mr. Frankel stated the Baron's and Match Point did a great job with the tennis tournament. He commented about the television coverage on Saturday and Sunday on the tennis channel internationally. Mr. Frankel stated it is important to note that along with highlighting the tennis they also had footage of the Green Market, footage going up and down Atlantic Avenue, and a great ad showcasing the City of Delray Beach. Mr. Frankel stated during the day sessions there are a number of people who walk to the garage and suggested that the City consider a special event charge next year. 13.C.5. Mayor McDuffie Mayor McDuffie stated this appears to be the two or three years for centennials. He stated the Town of Palm Beach had theirs, the Girl Scouts had theirs. Mayor McDuffie stated this marks the 100th anniversary of the American Institute of Architects (AIA) and as part of the celebration they are holding a contest statewide for the top ten historical properties in the State of Florida. He stated they have already selected the top 100 and the City of Delray has as well; one of them being the Colony and one is a private residence on Vista. Mayor McDuffie stated according to the AIA some of the properties have had banners put across them already and he will send the information to the Commission. Lastly, Mayor McDuffie stated the tennis matches were great and the quality of play in the evenness in the skills of the competitors made for some incredible matches. There being no further business, Mayor McDuffie declared the meeting adjourned at 8:38 p.m. ATTEST: MAYOR City Clerk 28 03/06/12 The undersigned is the City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Regular City Commission Meeting held on March 6, 2012, which Minutes were formally approved and adopted by the City Commission on City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. 29 03/06/12 IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL OF THE SPRAB 1/25/12 DECISION TO RESTRICT THE USE OF T- MOBILE'S CORPORATE COLOR ON THEIR SIGN 1. This is an appeal of the January 25, 2012 decision by the Site Plan Review and Appearance Board ( "SPRAB ") approving T- Mobile's request to change to their corporate font, but requiring the business to comply with the blanket sign color of blue vinyl #3630 -36, instead of the requested "PMS Rhodamine Red" corporate color. This appeal came before the City Commission at its meeting on March 6, 2012. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the approval of a request from T- Mobile to amend the blanket sign program approved for the Fountains Plaza located at 14451 S. Military Trail, with restrictions requiring T- Mobile to comply with the blanket sign color of blue vinyl #3630 -36 in accordance with the Blanket Sign Program, pursuant to LDR 4.6.7(F)(2)(a). I. LDR REQUIREMENTS FOR BLANKET SIGN PROGRAM: Pursuant to LDR Section 4.6.7(F)(2)(a), "Blanket Sign Program. Are the requirements of LDR Section 4.6.7(F)(b) met in order to maintain the Master Sign Program and uphold SPRAB's decision? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies ✓ the appeal. City Commission Meeting on March 6, 2012; Item 9.A. The City Commission hereby adopts this Order this 6th day of March, 2012, by a vote of 4 in favor and ATTEST: Chevelle Nubin City Clerk opposed. Nelson S. McDuffie, May 2 City Commission Meeting on March 6, 2012; Item 9.A. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR SAXENA WHITE CORPORATE OFFICES 1. This waiver request came before the City Commission on March 6, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Saxena White Corporate Offices. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 6.1.3(6) Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to allow for a reduction from 8' to 5' wide sidewalk along SE 1St Street and along SE 1St Avenue. Staff supports the waiver subject to the condition that the sidewalk be brick pavers in front of the entry way. Should the waiver to reduce the sidewalk width from 8 feet to 5 feet be granted subject to the condition stated above? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was 1 City Commission Meeting on March 6, 2012; Item 9.13. submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver request. 6. Based on the entire record before it, the City Commission �ereby adopts this Order this 6th day of March, 2012, by a vote of in favor and-- pposed. ATTEST: Nelson S. Mc uffie, May r Chevelle Nubin, City Clerk 2 City Commission Meeting on March 6, 2012; Item 9.13. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR WAYSIDE HOUSE 1. This waiver request came before the City Commission on March 6, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for Wayside House. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.4.13(F)(1)(a): Pursuant to LDR Section 4.4.13(F)(1)(a), overall height of buildings shall be a minimum of twenty -five feet (25'). Should the waiver to reduce the minimum building height from 25 feet to 14 feet 10 inches be granted? Yes ✓ No B. Waiver to LDR Section 4.4.13(F)(4)(b)1: Pursuant to LDR Section 4.4.13(F)(4)(b)1, for buildings fronting on A -1 -A, Atlantic Avenue in the West Atlantic Neighborhood and Beach Districts, and on NE and SE 5th and NE and SE 6th Avenues, ground floor to thirty - seven feet (37') shall be a minimum of seventy percent (70 %) and a maximum of ninety percent (90 %) of the building frontage shall be set 1 City Commission Meeting on March 6, 2012; Item 9.C. back no greater than ten feet (10') from the property line. The remaining length of the building shall be set back a minimum of fifteen feet (15') from the property line. Should the waiver to increase the setback from 10 feet by 15 feet (from 10 feet to 25 feet) for 70 -90% of building frontage and by 10 feet (from 15 feet to 25 feet) for the remainder of the building frontage be granted? Yes ✓ No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves ✓ denies the waiver requests. 6. Based on the entire record before it, the City Commission gereby adopts this Order this 6th day of March, 2012, by a vote 5 in fav an 0 Apposed ATTEST: Nelson S. McDuffie, M y Chevelle Nubin, City Clerk City Commission Meeting on March 6, 2012; Item 9.C. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 1041 SEASPRAY AVENUE 1. This waiver request came before the City Commission on March 6, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1041 Seaspray Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.14(B)(1): Pursuant to LDR Section 4.6.14(B)(1), there is a requirement for a ten foot (10') sight visibility triangle at the intersection of the driveway and the property line. Should the waiver to reduce the sight visibility from 10 feet to 4 feet, 6 inches be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 1 City Commission Meeting on March 6, 2012; Item 9.D. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 6th day of March, 2012, by a vote of -7— in favor aW--,\ o{ osed. uYl C v2 ATTEST: Nelson S. McDuffie, M or Chevelle Nubin, City Clerk 0, City Commission Meeting on March 6, 2012; Item 9.D. WHEREAS, Florida's natural beauty, crystal blue waters and white sand beaches attract residents and visitors from around the world; and WHEREAS, clean and sustainable water resources are vital to Florida's environment, economy and quality of life; and WHEREAS, more than 90 percent of Florida's drinking water is supplied by underlying aquifers, and our quality of life and the economy depend upon a clean and healthy environment; and WHEREAS, Floridians consume more than 7.9 billion gallons per day of fresh water, and the future of Florida depends greatly upon the availability of water; and WHEREAS, South Florida residents consume 179 gallons per person, per day - the highest water usage in the state; and WHEREAS, the State of Florida, together with local partners, are investing billions of dollars to develop alternative water supplies, clean up stormwater pollution, restore rivers, lakes and springs, upgrade drinking water facilities and improve wastewater treatment; and WHEREAS, water conservation can cost as little as 6 cents to 72 cents per 1,000 gallons of water saved, while the cost of constructing alternative water supply facilities can range from $5 to $7 per 1,000 gallons of water created; and WHEREAS, all water users including commercial, industrial, agricultural, institutional, hospitality, private citizens and others can make positive contributions to reduce water use and protect Florida's water resources; and WHEREAS, the South Florida Water Management District, is implementing a Comprehensive Water Conservation Program to instill a lasting culture of conservation in our communities; and WHEREAS, the Governor and Cabinet of the State of Florida are designating April as Florida's Water Conservation Month to encourage Floridians to conserve the state's precious water resources. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the month of April 2012 as: W atiew C a;rUm MdTt in Delray Beach, Florida, and call upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20th day of March, 2012. Nelson S. McDuffie Mayor WHEREAS, although Equal Housing Opportunity is aright guaranteed to all Americans under Title VIII of the 1968 Civil Rights Law, the struggle against discrimination in housing continues; and WHEREAS, each year since the enactment of the National Fair Housing Act, the federal government designates April, the anniversary month of that law, as Fair Housing Month; and WHEREAS, on this the 44f Anniversary, the City of Delray Beach is pleased to join in that designation, since it provides an opportunity for all Americans to rededicate themselves to the principles of freedom of housing choice and to reacquaint themselves with the rights and responsibilities that are theirs under the law; and WHEREAS, since fair housing is consistent with the principle of equality and justice for all — principles upon which our nation was founded — we all need to share in the fight to ensure fair housing is a reality for all residents; and WHEREAS, the Fair Housing Center of the Greater Palm Beaches provides fair housing education and outreach services for the City of Delray Beach. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim April, 2012 as: ri-AVI12 YOUSINC� MONTTf in the City of Delray Beach, Florida, and urge all citizens to join the efforts to reaffirm fair housing opportunities for all people. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed this 20tl, day of March, 2012 NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 13, 2012 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 REQUEST FOR SIDEWALK DEFERRAL /1026 POINSETTIA ROAD ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral for the property at 1026 Poinsettia Road. BACKGROUND The subject property is 0.2869 acresand contains an existing single family residence. It lies within the Seagate Overlay District and is located on the south side of Poinsettia Road adjacent to the intracoastal waterway (ICWW), midway between Seasage Drive and Seagate Drive at 1026 Poinsettia Road. The property is zoned Single Family Residential (R -1 -AAA) and the applicant proposes to add a partial 2nd story addition to the existing one -story residence. Additional renovations also include addition of a new recessed front porch on the ground level with a gable roof, installation of new windows on the existing 1 st floor, installation of Bahama shutters on all existing and proposed windows and installation of a new standing seam metal roof. The owner wishes to defer construction of a five foot (5') sidewalk adjacent to the right -of -way. No other sidewalks exist on the south side of Poinsettia Road. At its meeting of February 9, 2012, the Development Services Management Group (DSMG) supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Poinsettia Road at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the sidewalk deferral agreement for the south side of Poinsettia Road at 1026 Poinsettia Road. Prepared By: RETURN TO: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 AGREEMENT FOR SIDEWALK IMPROVEMENTS THIS AGREEMENT entered into this day of 20_, between the City of Delray Beach (hereinafter the City) and o, 4\C'\I Z � � ereinafter the Owners ), for the purpose of waivin the requirement of the n installation of a sidewalk along km�„ Q�� � �}��� until' such time as the City requests the construction of the sidewalk by the Owner. WHEREAS, Land Development Regulation Section 6.1.3(C) requires the installation of a sidewalk, within the Po � ()S'A t, 4,AcJ right -of -way immediately abutting the subject property, by the Owner prior to the issuance of a certificate of occupancy; and, WHEREAS, the Owners have requested a waiver from the requirement of the installation of a sidewalk pursuant to Land Development Regulation Section 6.1.3(D)(1)(b); and, WHEREAS, in order to provide conformity along the street the City Commission voted to waive the requirement for the installation of a sidewalk until such time as the City requests the Owner construct the sidewalk. 9 Ce Page I of 3 WITNESSETH NOW, THEREFORE, in witness of the above and in consideration of the City agreeing to waive the requirement for the installation of a sidewalk, at this time, for the property located at: \\ \\I. The Owner agrees to construct a sidewalk, at its sole cost and expense, along the QncclS��l� Vcoo\ right -of -way abutting the subject property, within a time period that is acceptable to the City, after being requested to do so by the City. The sidewalk, when constructed, shall meet all of the current ordinances of the City of Delray Beach. 2. It is the intent of the parties that this Agreement shall run with the land. This Agreement shall be recorded in the public records of Palm Beach County, Florida and shall be binding on the parties legal representatives, heirs, successors and assigns. IN WITNESS WHEREOF, the parties to this agreement set their hands and seals this day of , 20 ATTEST: City Clerk Approved as to form and sufficiency: City Attorney Page 2 of 3 CITY OF DELRAY BEACH, FLORIDA Mayor OWNER: By (Please type or print name) v (Please type or print name) STATE OF �61 ) COUNTY OF CP6, ,L,) f ) BEFORE ME personally appeared CL ��' /L i (�� ho [is] [are] personally known to me or [has] [have] produced [and respectively] as identification, and who executed the foregoing instrument, and acknowledged before me that [he] [she] [they] executed said instrument for the purposes expressed therein. WITNESS my hand and official seal this /& day of My commission expires: agtlsidewalk deferral agreement Page 3 of 3 (signature) MARY APERAVICH MY COMMISSION # EE134056 EXPIRES September 28 2015 53 C--- _ -- DIGIrAL BASE MAP SYSTEM -- U: \AutoCAD \Candi \1026 Poinsettia Road —Aerial 1026 POINSETTIA ROAD -r PLANNING AND ZONING DEPARTMENT AERIAL MAP -- DIGIrAL BASE MAP SYSTEM -- U: \AutoCAD \Candi \1026 Poinsettia Road —Aerial C A N A L F O 1 N S E T T I A D R I V_E� f50' R.O.W.1 S I T E P L A N I -STORY SINGLE FANILY RESIDENCE SITE AREA 12,500 sq ft BLDG. FOOTPRINT 3.594 sq ft EXISTING /PROPOSED LOT COVERAGE -28.8% ALLOWABLE LOT COVERAGE 30% PROPOSED OPEN SPACE 45.29% ALLOWABLE OPEN SPACE 95% EXISTING Ist FLOOR AREA 3.5% sq ft PROPOSED 15t FLOOR AREA 3.511 sq Ft PROPOSED 2nd FLOOR AREA 1.715 sq ft PROPOSED 2nd FL BALCONY AREA -314 sq ft F W "a L m I k C) d E O ti x °m a 'W V z w �? Q x � a /wN m F Fil Y o vi w � W n z z w E-+ w 0 �flANN : [XECNEO W9 QF SHE- N. BEACH/ ° SEAGATE OVERLAY rru OISTRICT F W "a L m I k C) d E O ti x °m a 'W V z w �? Q x � a /wN m F Fil Y o vi w � W n z z w E-+ w 0 �flANN : [XECNEO W9 QF SHE- MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 12, 2012 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 LANDSCAPE MAINTENANCE AGREEMENT /SW DELRAY ONE, LLC. ITEM BEFORE COMMISSION The action requested of the City Commission is acceptance of a landscape maintenance agreement associated with the construction of the new 23,943 sq. ft. Saxena White Corporate Office building at 111 S.E. 1 st Avenue located within the Central Business District BACKGROUND The subject property consists of Lots 2 -6, Block 78, Town of Linton and is approximately 1.12 acres. The property is located on the east side of S.E. Ist Avenue, approximately 76.5' south of SE 1st Street. At its meeting of February 21, 2012, the Site Plan Review and Appearance Board approved the Class V Site Plan, Architectural Elevations and Landscape Plan associated with the Saxena White Corporate Offices for a three -story commercial building with a rooftop pavilion, green roof garden area and a main lobby that opens to all three floors. This plan includes landscaping within the S.E. 1st Avenue right -of- way. This landscape maintenance agreement establishes the applicant's obligation to maintain the landscaping which is to be placed within the right -of -way (S.E. 1st Avenue) and holds the City harmless of any subsequent consequences due to its encroachment. The landscape maintenance agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Approve the landscape maintenance agreement associated with the installation of landscape material in the SE 1st Avenue right -of -way adjacent to the new 23,943 sq. ft. Saxena White Corporate Office building at 111 S.E. 1 st Avenue. LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this 8th day of March, 2012 by and between the City of Delray Beach, Florida ( "City ") and SW Delray One, LLC( "Owner "). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right -of -way of SE 1St Avenue pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right -of -way of SE 1" Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right -of -way for right -of- way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A ", shall have an approved landscape plan, Exhibit "B ", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right -of -way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and /or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original plans and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right -of -way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. ►a 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right -of -way by the Owner. 7. If for any reason the City decides that it needs the right -of -way of SE I" Avenue or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right -of -way within 20 days of such notification, if so requested by the City. 8. Owner, in consideration of the mutual covenants set forth herein, agrees to defend, indemnify, and hold harmless the City, its agents, officers, employees and servants from any and all claims, suits, causes of action or any claim whatsoever made, and damages, which may result from the placement or existence of the landscaping in the public right -of- way. Owner further agrees to hold the City, its agents, officers, employees and servants harmless for any damage to the improvements Owner places within the public right -of -way. It is understood that any cost for replacement of landscaping or repairs to the improvements shall be the Owner's responsibility, and the City will not be held liable for any damage as a part of the maintenance or construction within the said public right -of -way. 9. 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. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 3 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duty executed on their behalf this day of ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney f. W�TN,, S9 (Print or Type Name) L (Print or Type Name) STATE OF -7 i 0 f i'd a-- COUNTY OF f2L I rr1 of aC-h 5200. _ CITY OF DELRAY BEACH, FLORIDA I. Mayor (OWNER) � �0 Iray One, LLC E. White III, Member The foregoing instrument was acknowledged before me this day of K)& f C h , 2061. , by -] o Ce- p h W h i +C , as rYl -C ry) b6 r (narne of officer or agent, title of officer or agent), of S 1nJ O c 1 r one- I_.LC (name of corporation acknowledging), a I 0 f i a cz, state or plate of incorporation) corporation, on behalf of the corporation. He /She i )ersonall known to r r has produced (type of identification) as identification. Signatu e of Per clang Acknowledgment `."�+"' • STEFANIE LEVERETTE Notary Public Slats of FIWW r M y Comm. Expires Oct 5, 2012 \ I t �Q n I 4 t U� re Commission # 00 620385 Name Typed, Printed or Stamped 4 Exhibit A LOT 2, BLOCK 78, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THE NORTH 53 FEET OF LOT 3, BLOCK 78, MAP OF THE TOWN OF LINTON, FLORIDA, ACCORDING TO THE PLAT THEREOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, RECORDED IN PLAT BOOK 1, PAGE 3. (THE TOWN OF LINTON IS NOW KNOWN AS DELRAY BEACH.) SOUTH 23.5 FEET OF LOT 3-AND LOT 4, LESS THE SOUTH 23.5 FEET THEREOF, BLOCK 78, DELRAY BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. PARCEL 2 THE SOUTH 23.5 FEET OF LOT 4 AND THE NORTH 37 FEET OF LOT 5, BLOCK 78, CITY OF DELRAY BEACH (FORMERLY TOWN OF LINTON), ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT HOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUP4TY, FLORIDA. THE SOUTH 39.5 FEET OF LOT 5 AND THE NORTH 18.5 FEET OF LOT 6, BLOCK 78, `GOWN OF DELRAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. - SflUTi-I 58 FEET OF LOT 45, BLOCK 78 OF THE CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF' ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA AS RECORDED IN PLAT BOOK 1, PAGE 3; LESS THE WEST 5 FEET OF THE SOUTH 58 FEET OF LOT 6, BLOCK 78, ADDITIONAL RIGHT -OF -WAY FOR SE 1ST' AVENUE. THIS PROPERTY IS ALSO LEGALLY DESCRIBED AS LOTS 2 THROUGH 6, INCLUSIVE, BLOCK 78, TOWN OF LINTON (NOW DELRAY BEACH }, ACCORDING TO THE PLAT.THEREOF, AS RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, LESS THE WEST 5 FEET OF THE SOUTH 58 FEET OF LOT 6, BLOCK 78 OF THE CITY OF DELRAY BEACH, ACCORDING TO THE PLAT THEREOF, AS-RECORDED IN PLAT BOOK 1, PAGE 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. Exh�b,+ B -1 �urx°° roroyddnr r"nHwlwY "E:re1 p�+[m Evnw I� ❑ELRAY 6EACH LANP$CAPE cA4cULATIGNS pN rrL arrrlar, xWn,IVry PVwm�:.lr[..r +4 •M' F lw�r� uP•rYr[.urwopr.amra.rr p.I.. ..�'r t. 1+ry � 1ml .y. c rw... r.,.�... nvn'•e E. rir r. w;ir+wlr Mw ..rd. [n rwi +war 0. wll ,L".. �vKa*P'r.�.rr. IxHNW r ~�N� 1[19ur1 r.Nu fxnnlflmM.1 �MrrMr I•I+n +••arw,r.r° suu1M rrswu+•.r. «+1 •I pN.Nwrl«oulbr °nrnr•dy 41n u..e e.uNr� ExV ��u11AIrNrr4m•yr (null °✓Irru «•�4+Yrn ate` « Ins r✓nwNn[.+rtr-lu�• uu Mal ryr»rw x...,.q.rd N°nr]nr yr «. eMS.K N+rlu� rrnw�va.ra �[wuaa �r.°u"`"m ,.wluwNw' � ni.`Y`°v�',e ex,eYNnn..N uwii mir+e.r� fii ,rPdr w°'�`/'rr'N°YOmr mfw&`:Rw rKV nr.%1. mmu:aur y`°ie'v o° mrrn°s'�.w I nmv I Ir1T ,NI[I+wo PILn[ +xr arrrlar, xWn,IVry PVwm�:.lr[..r r.�P. rr•✓.[. n.�.uwra v,yrn., « °-1.„. %n prre� wr:':.'srwea� .. pv.lawwlw•r.awwrl. a u Iw plu �iei a•[aenrruwYN F� «rao «IrWn'M•nli r xnuuwl M w PLANTING 9PEGIPICATIpNb J ev"'4riiu�••,n'.r dlu tialw °.rr�.. w. w.... «..n..ne....a iy�YF� ~Y'P I�a.ii Wln.+.sry'rrr rt4N JVIN i• lu«,wn,udlo«IIw V+u u•.w.mwa°1PIU ^rpun 0u. rhrpnlaMr rin pL•�r I. •e fxnnlflmM.1 �MrrMr I•I+n +••arw,r.r° suu1M rrswu+•.r. «+1 •I pN.Nwrl«oulbr °nrnr•dy 41n u..e e.uNr� t �ti•H, v °.P. r«i::wry.YC,•mrr euw.+.= yi.Mn�i IFl>+-- r..n Xwlru«ulW«x k �b •r ,LL. PSW s.°ulln �utpunng r¢mrrMMNB'�rlll r4+ irw Nl�• «9 w^rl•wMO4.IrFi M•fK. rr..W w Jw.l.. v.°u r4dNl� «rrr.YY [ upE WnCVaY:MV11 rtprryerr urr�ew".�r �Hlouiri.iriln�ir +i �I rrrn�re.a.o r.w «u e.lr. tuMN,r lN+v Yw.l dra rry°aW,lw eJn :NrrP« Id a°YrulX rn«pnlwX ,4•wr.r+YU ru....•.I..�.rw..une.r �,Ulyn'•'k11 r•a•�'•aP ,nr•v` r. W «m «nvuty r w rsvma. �x wumre iurpr 'r'nrw,.v 4•rr•w..a r«W L r rl �ArS-...»IusW �� � ' f�m�rr� a Nl.rw'rlWii M.^r4'u.Wrn. nrM.r � r - :p•.'a,r�o.w...r.rri:I..r�. r,l «w.. «rNw ». -�j /1/��,�f����/ \ /��' , nN•b°vA +X x2f PJMMrrt`1W vf¢lKa,lal elre W 'K�}r�wr, u� pu b TwYl rn. «..r.er+n�lpeu..rer �• y7 � fwrr.rN lErerrgflpr 1•X' Fl NIl11Um w.11µ ni{ la�� nnn�.. erluwu r«luu na 4� r N N[ rF Sui'M1VW,'41ASi'd•r MTI«r W r•mlr�rlvAnr..KnAn /.nrrn 4rnr N :.v M ��N111�':iWic� M'jpv NnnrrvrY », �s��aas. rnlul,>.s' ta{d�'APd AmhilxlW[ �g411�sti,... NYMII�Ikrldrsl�r MroIM 03 y�-•o Y� W V� hllalll Landscape Plan LP--I NOTES ...... m. 1..1e rr4.Yrap.. alwucsKxrun revrlvmn qu«Ir r.�P. rr•✓.[. n.�.uwra v,yrn., « °-1.„. %n prre� wr:':.'srwea� .. pv.lawwlw•r.awwrl. a u Iw plu �iei a•[aenrruwYN F� «rao «IrWn'M•nli r xnuuwl M w PLANTING 9PEGIPICATIpNb ev"'4riiu�••,n'.r dlu tialw °.rr�.. w. w.... «..n..ne....a rt4N JVIN i• lu«,wn,udlo«IIw V+u u•.w.mwa°1PIU ^rpun 0u. rhrpnlaMr rin pL•�r I. •e fxnnlflmM.1 �MrrMr I•I+n +••arw,r.r° suu1M rrswu+•.r. «+1 •I pN.Nwrl«oulbr °nrnr•dy 41n u..e e.uNr� Plv{eM.n 1�+•nr n.4CKM[ {MrN«•I WIPWI re� orN,.vr�.IK rlw.°•• tr.�. W w rwewelw yi.Mn�i IFl>+-- r..n Xwlru«ulW«x vs�K"r�Lr�.nrup r'rMUlr+n P�H nh w[ you tewn wil s.a.,n.i.na r.a n. K aan K ew rrr«[r r+wan t�pr.I�I�IrN IY„rokwu emu,. I+rW N�egyl ya�NUn.M �}W�II�YW NN "' s.°ulln �utpunng r¢mrrMMNB'�rlll r4+ irw Nl�• «9 w^rl•wMO4.IrFi M•fK. rr..W w Jw.l.. v.°u r uwavwaNS [.I«.wr nlwkaa4 �pnrNn r rflnw •rlwNE rtprryerr urr�ew".�r �Hlouiri.iriln�ir +i �I rrrn�re.a.o r.w «u e.lr. ralsW�+'e w.. ~nrluuy a' «.r«r- "•.•s^' Le YU.. •us r+.uaA borer wnx: wrw.rinva acre- .°ar..auMw u.i;N aue O°'«W »' lil[�p wV w•wrwsnwrag�y rl wufYrr«r... urr+...lr u«✓ �,Ulyn'•'k11 r•a•�'•aP ,nr•v` r. W «m «nvuty r w rsvma. �x wumre iurpr 'r'nrw,.v 4•rr•w..a r«W L r rl �ArS-...»IusW �� � ' f�m�rr� a Nl.rw'rlWii M.^r4'u.Wrn. nrM.r � r - :p•.'a,r�o.w...r.rri:I..r�. r,l «w.. «rNw ». -�j /1/��,�f����/ \ /��' n..r,.r.n '}.^Oq WYb. uu �w..aa.Pw.rsrrW ,lln[..11 «.0 r.w per.. w.w,W p, �pp w�• r.xwn r•• F.�i.u� �n� rYl. «.� i. u.�l�r.'n � YI e@'inuru.. scalc:1�2D' -D" �s��aas. rnlul,>.s' ta{d�'APd AmhilxlW[ �g411�sti,... NYMII�Ikrldrsl�r MroIM 03 y�-•o Y� W V� hllalll Landscape Plan LP--I `Ex6ib�� 8 -Z PIRn"��01Wlllllllllpilllllfl .yrxY.lxe rurxuun IIIN P: corcp xp orACrlwrtm .w •� � r L� r? Nr s N Ilir�rr'cY •reNW a PY.� Wrrr II I� uinnu'nnnmuiiin;in�l nl� ! _, iii Roof Level plan MAO �� srv�iY°P�mA�r rrwe� ��fraV,iru� ��hNn � NRIYbi ///--- lLLOrBMR 1'UrtY>= RPNT 6PRElP / lElYJ99! MPINCUdLg MLL! PLdNlFR ,y(�pay¢ {��PpOA�Y,I�yMB�pm�l01L py[:,i yp %IN<G5 5ye5NlW,EL PL4HP�PETdL • PLdN2R5• PLdN2R5 NOTES aAxwrw.Nw.Y �rw•.w••s P... x.w�.w wl..rr w+rrr rAp.r..wr. xw. r.,Prwu.IU:,IP w.w. furrq v prrlpwm Alpsn°«an•P ir...r.arrYwr^I ww }wYr a,pp.• W P.I.rur. urrgr.Mw.xw xN WwB awry. Wrr. v. Y.luuh puu,w� •+ rali�rlr.x� ".nla�lwm•�•xvenwiw �i..n ouwnuuau Pun PI- AN71NG SPECIFICATION5 ]LL�x.MYpr.luµ wlwYr x.N mr•. .r.x• •+wll mr_ wmewryan ar.ea.raaArwra:. rvrw r+ t� a..w.. n>�Ylrir rwJwwnla, wlmJ.•rxAr yr.Errd rY Wnaa }uaaY� }YP p�ua,Pae WIIuM}Im•erw•ewr ePnrrru rm•rrYW rV+Pwsbu rr.rn- rMN �cpW.r PUraxvlJ rAlw sewnNUNOY «e.xuwrua.. r. ser.w..rYvwr.ur a wPwYY a w r.xy gr��i.r rbBl"'wwir }u..or.a}wlx wurB w°r.uyv v+.nendl r rr �r�xlr.P. r.xr M.ppurrw Wx wnlxJ.... Wrr uYrxn•lJ.Jr �My �. r.dxxY rgwPrrrh �krflln dqu flwreB •eryywlsr rYH,WIIMn+ >r er wull.r rrrr lxrwnnw.. .kY �miW.11e le b Y b• M+IMi ila9l o� ryrw +w.B.a rPrNUIM: +.••YY pIMMpMw�i Jml'Yar ,. .r rua.w.nq pel}u. mew' p rarlrlw rexPu u�iwlG µyfy«aay..ulaaNlNwPB.0 r«A �r9 YN ullrw wAnap wWW • �}ab•.rrr lr. 4wlYA hr7wr •r •4 •lnnrr.o-u ruuB yr yxrN ryrm N,Ypw. IWr ;Yy +gOxlrrr }I•rµYrV rUpyY fBBCeoupr •II }I,w wll lr }IN.tl nwi rllnrr ••d wyrpurYl rxA Yr PW W • M Y uw Yr'aY °ear mrwnrxw rr rwb..rYre x a..rwl rmxdaw r >.. r..aP•.xBlmu wuLwb w MPrnwllhNw•�••ur,xrl. wll Nn! wl. nruwrM aarAa.n[e u^r.l -.b.v re�xhr r�u ru. �i .PU��aw�lir�err'rr°.d�r4��v�••w pn lAPCawR .yrxY.lxe rurxuun W aN.!'w�Nl4ty,pY,ud M<pe,Y� corcp xp orACrlwrtm .w •� � r L� r? Nr s N Ilir�rr'cY •reNW a PY.� Wrrr eA, W �rPiwwnliW.u�a<rurrlw�/[w nW «r p n MP 'r- a�id,•M�V.Tia �A eLn M. P0, I Y� n141�i�Wr rr n r•r �xl iyr1'liw •e�A Mplr u..rr r aYrmn*a°t Ywan scaler 11=101 -011 1Yk�ohppLLAB an rra a3 v ai a Q A O L7 I P1 Cd VV 11/18/11 Landscape Plan LP -2 1 t i s ' ! Y. IL 1 t I ! 1 e -- rt �--��, N SAXENA WHITE it SUBJECT PROPERTY CORPORATE OFFICES PLANNING AND ZONING AERIAL MAP DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- U: \AutoCAD \Candi \Saxena White Corporate Offices — Aerial MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Richard C. Hakso, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: March 9, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 CONTRACT CLOSEOUT (C.O. NO. 1 /FINAL)/WEST CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Closeout (Change Order No. I/Final) in the net deduct amount of ($3,987.15) and final payment amount of $9,583.45 to West Construction, Inc. for the completion of the Worthing Park Improv Project #2006 -061. BACKGROUND On October 4, 2011, Commission approved a contract award to West Construction, Inc. for Worthing Park. The project consisted of hardscape, landscape, irrigation and lighting improvements to the existing passive park. New amenities included the installation of large brick paver walkways, three curvilinear benches, bike racks, seating area with movable tables and chairs; and an area for public art. Change Order No. 1 includes plus and minus quantity adjustments and liquidates the residual from contingency allowances. All changes for the project are itemized on the attached Schedule "A ". The project is complete and all closeout documentation has been received. FUNDING SOURCE Residual funds to be liquidated from PO #678444 to funding account 117- 4133 -572 -68.19 (Recreation Impact Fee FD /Other Improvement /Worthing Park Improvement). RECOMMENDATION Staff recommends approval of a Contract Closeout (Change Order No. 1 /Final) in the net deduct amount of ($3,987.15) and final payment amount of $9,583.45 to West Construction, Inc. for the completion of the Worthing Park Improv Project. CITY OF DELRAY BEACH CHANGE ORDER TO ORIGINAL CONTRACT CHANGE NO. 1/Final (Contract Closeout) PROJECT NO. 2006 -061 DATE: PROJECT TITLE: Worthing Park Improv TO CONTRACTOR: West Construction, Inc. YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT TO ALL CONTRACT STIPULATIONS AND COVENANTS. JUSTIFICATION: Complete changes to project per the attached Schedule "A ". SUMMARY OF CONTRACT AMOUNT /CHANGES ORIGINAL CONTRACT AMOUNT $ 195,656.11 COST OF CONSTRUCTION CHANGES PREVIOUSLY ORDERED $ .00 ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 195,656.11 COST OF CONSTRUCTION CHANGES THIS ORDER ($ - 3.987.15) ADJUSTED CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 191,668.96 PERCENT DECREASE THIS CHANGE ORDER - 2.03% TOTAL PERCENT DECREASE TO DATE -2.03% CERTIFIED STATEMENT: I hereby certify that the supporting cost data included is, in my considered opinion, accurate and that the prices quoted are fair and reasonable. West Construction, Inc. (Contractor to sign & seal) TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER Funding is available from account: N/A DEPARTMENT 13016Julkly,1 :4zI APPROVED: DELRAY BEACH, FLORIDA by its City Commission Environmental Services City Attorney C Mayor ATTEST: By: City Clerk CERTIFIED BY SCHEDULE "A" TO CIIANGE ORDER NO. I I FPFAL (CONTRACT CLOSEOUT) NEST CONSTRUC'T'ION, INC. WORTHING PARK IMPROV - PROJECT NUMBER 2006 -061 ITEM NO. DESCRIPTION UNIT CONTRACT AWARD CONTRACT TO DATE EST. QTY UNIT PRICE TOTAL ACTUA L QTY UNIT PRICE EXTENDED TOTAL PRICE QUANT ADJ. +1. Site Pre aration & Demolition 1 Excavalion and Grading LS 1 $6,500.00 $ 6,500,00 1 $ 6,500.00 $ 6,500.00 $ 2 Remove and Dispose Exist. Conc. Walks LS 1 $5,500.00 $ 5,500.00 1 $ 5,500.00 $ 5,500.00 $ 3 Relocate EAsting Water Meter and RPZ LS 1 $2,800.00 $ 2,800.00 1 $ 2,800.00 $ 2,800.00 $ 4 Adjust Water Valves EA 1 $275.00 $ 275.00 1 $ 275.00 $ 275.00 $ Electrical 5 Demolition EA 1 $1650.00 $ 1650.00 1 $ 1,650.00 $ 1650.00 $ 6 Electrical panel upgrade LS 1 $451.00 $ 451.00 1 $ 451.00,$ 451.00 $ 7 Conduit and Wire LS 1 $4,625.50 $ 4,625.60 1 $ 4,625.50 $ 4,625.50 $ 8 Lighting Fixtures LS 1 $23,870.00 $ 23 870.00 1 $ 23,870.00 $ 23,870,00 $ 9 Lighting Fixtures Installation LS 1 $3,949.00 $ 3,949.00 1 $ 3,949.00 $ 31949.00 $ 10 Misc. Costs fountain & receptacles) LS 1 $1,320.00 $ 1.320.00 1 $ 1,320,00 $ 1,320.00 $ 11 Concrete Pavers w! eotextile fabric SF 4,800 $3.30 $ 15,840X0 4,795 $ 3.30 $ 15,823.50 $ 16.50 12 Exposed Shell Concrete SF 215 $13.20 $ 2,838.00 215 $ 13.20 $ 2,838.00 $ 13 Root Barrier LF 74 $13.20 $ 976.80 74 $ 13.20 $ 976.80 $ 14 Flush Concrete Header Curb SF 550 $17.60 $ 9,680. 0 522 $ 17.60 $ 9,187.20 $ 492.80 15 Pedestal Concrete and Footing EA 2 $330.00 $ 660.00 2 $ 330.00 $ 660.00 $ 16 Seatwall Concrete and Fooling LF 62 $44.00 $ 2.728.00 62 $ 44.00 $ 2,728.00 $ 17 Ca rock Cap 23 "x23"x2" SF 8 $27.50 $ 220.00 8 $ 27.50 $ 220.00 $ 18 Ca rock Cap 18 "x29 "x2" SF 97 $22.00 $ 2,134.00 97 $ 22.00 $ 2,134.00 $ 19 Ca rock Veneer 11.5 "x20 "x1" SF 15 $19.80 $ 297.00 15 $ 19.80 $ 297.00 $ 20 Ca rock Veneer 15 "x23 "x1" SF 87 $9.90 $ 861.30 87 $ 9.90 $ 861.30 $ 21 Custom Ceramic Tiles EA 2 $2,750.00 $ 5,500.00 2 $ 2,750.00 $ 5,600.00 $ 22 Ca rock Seat Divider LF 18 $55.00 $ 990.00 18 $ 55.00 $ 990.00 $ 23 Structural Soil CY 18 $16.50 $ 297.00 0 $ 16.50 $ $ 297.00 Site Furnishing 24 Bike Racks EA 7 $354.20 $ 2,479A0 7 $ 354.20 $ 2,479.40 $ 25 Custom Bench 'A' EA 1 $7,123.60 $ _ 7123.60 1 $ 7,123.60 $ 7,123.60 $ 26 Custom Bench '13 EA 1 $7,123.60 $ 7123.60 1 $ 7,123.60 $ 7,123.60 $ 27 Custom Bench'C' EA 1 $7,123.60 $ 7123.60 1 $ 7,123.60 $ 7,123.60 $ 28 Trash Receptacles EA 3 $1,280.40 $ 3,841.20 3 $ 1,280.40 $ 3,841.20 $ 29 Moveable Chairs EA 16 $304.84 $ 4 877.44 16 $ 304.84 $ 4,877.44 $ 30 Moveable Tables EA 8 $655.86 $ 5,247.04 8 $ 655.88 $ 5,247.04 $ 31 Drinking Fountain EA 1 $4,801.50 $ 4,801.50 1 $ 4,801.50 $ 4,801.50 $ Landscaping 32 Bridalvell Tree EA 5 $412.50 $ 2,062. 5 $ 412.50 $ 2,062.60 $ 33 Red Feather Palm EA 3 $264.00 $ 792.00 3 $ 264.00 $ 792.00 $ 34 Ivory Cane Palm EA 11 $132.00 $ 1,452X0 11 $ 132.00 $ 1,452,00 $ 35 Lady Palm E4 30 $27.50 $ 825.00 30 $ 27.50 $ 825.00 $ 36 Triple Montgomery Palm 14' E4 2 $368.50 $ 737.00 2 $ 368.50 $ 737.00 $ 37 Tri le Mont ome Palm 22' E4 1 $577.50 $ 577.50 1 $ 577.50 $ 577.50 $ 38 Imperial Bromeliad EA 9 $132.00 $ 1,186.00 9 $ 132.00 $ 1,188.00 $ 39 Silver Bromeliad EA 14 $41.25 $ 577.50 14 $ 41.25 $ 577.50 $ 40 Joe Hayden Begonia EA 305 $10.84 $ 3,306.20 305 $ 10.84 $ 3,306.20 $ 41 White Angel Begonia EA 71 $10.18 $ 722.78 71 $ 10.18 $ 722.78 $ 42 Fireball Bromeliad EA 140 $7.70 $ 1,078.00 140 $ 7.70 $ 1,078,00 $ 43 Bromeliad mix EA 538 $13.20 $ 7,101.60 538 $ 13.20 $ 7,101.6 $ 44 Ying Bromeliad EA 7 $13.20 $ 92.40 7 $ 13.20 $ 92.40 $ 45 Small Leaf Clusia EA 10 $8.80 $ 88.00 10 $ 8.80 $ 86.00 $ 46 Philodendron Roo Congo EA 58 $11.55 $ 669.90 56 $ 11.55 $ 669.90 $ 47 Bermuda Sod SF 2,475 $0.64 $ 1,584.00 2,475 $ 0.64 $ 11584.00 $ - 48 Mulch CY 18 $37.40 $ 673.20 18 $ 37.40 $ 673.20 $ 49 Plan6n Soil CY 35 $36.30 $ 1270.50 36 $ 36.30 $ 1,270.50 $ 50 Im anon SF 4,815 $2.07 $ 9,967.05 4,816 $ 2.07 $ 9,967.05 $ 51 1 Mobilization Not to exceed 5% of contract pdj LS 1 1 $5,000.00 $ 5,000.00 1 $ 5,0 0.00 $ 5,000.00 $ Page 1 of 2 SCHEDULE "A" TO CHANGE ORDER NO.1 / FINAL (CONTRACT CLOSEOUT) WEST CONSTRUCTION, INC. 1WORTHING PART{ ENIPROV - PROJECT NUMBER 2006 -061 52 Undefined General Allowance LS 1 $15,000.00 $ 15 000.00 0.788 $ 15,000.00 $ 11,819.15 $ 3,180.85 Cost to replace the existing pavers along 2nd Ave.; plans called for the expansion -in width° of the paver sidewalk; the color disparity between the new $ 844.56 1 $ 844.56 pavers and the old pavers would be too dramatic. Approved by ESQ Director 11/03/11. Cost of a large foundation, engineered per code, for donated art sculpture. Approved by City $ 9,619.77 1 $ 9,619.77 Manager 11117/11. Cost for the removal & installation of existing sidewalk brick pavers along the SE corner & northward along SW 2nd Ave; due to an $ 1,354.82 1 $ 1,354.82 unforeseen sidewalk grade and cross slope issue; due to the large Banyan tree. Approved by City Manager 12108111. 53 Indemnification LS 1 $10,00 $ 10.00 1 1 $ 10.00 i $ 10.00 i i $ 54 As- Builts LS 1 $4,301.00 $ 4,301.00 1 1 1 $ 4,301.00 j $ 4,301.00 11 $ TOTAL ORIGINAL CONTRACT AWARD $195,656.11 $191,668.96 $ (3,987.15) Original Contract Award $195,656.11 Previously Approved Changes $ Total Award /Approved to Date $195,656.11 Final Contract to Date $191,668.96 CHANGE ORDER NO. 1 / FINAL $ (3,987.15) Page 2 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: William A. Grieve, P.E, Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: February 28, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 AGREEMENTS FOR LAND SURVEYING CONSULTING SERVICES ITEM BEFORE COMMISSION This item is before the Commission for approval /authorization for the Mayor to sign Land Surveying Consulting Services agreements with Avirom & Associates, Inc., Dennis J. Leavy & Associates, Inc., Wantman Group, Inc. and Caulfield & Wheeler, Inc. Project #12 -058. BACKGROUND On October 2, 2011, Request for Qualifications were solicited from Land Surveying companies for capital improvement projects contained in the city's Capital Improvement Program (CIP). Twenty two (22) surveying companies responded and were reviewed by the selection committee. On December 13, 2011 City Commission gave staff approval to negotiate continuing contracts with the following five (5) companies: Avirom & Associates, Inc., Bruce Carter & Associates, Inc., Dennis J. Leavy & Associates, Inc., Wantman Group, Inc. and Caulfield & Wheeler, Inc. After reviewing the contract documents Bruce Carter & Associates, Inc. determined it was not practical for them to excute the contract. RECOMMENDATION Staff recommends approval. City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and Avirom & Associates, Inc., hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man - hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page I of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terns stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. Page 2 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Michael D. Avirom , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT; The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen Page 4 of 27 City of Delray Beach Land Surveying Consulting Services (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method 11 and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man - hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man-hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD I1- TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. Page 5 of 27 City of Delray Beach Land Surveying Consulting Services a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the Page 6 of 27 City of Delray Beach Land Surveying Consulting Services CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result fiom the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents; The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services Page 7 of 27 City of Delray Beach Land Surveying Consulting Seivices to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include; a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non - Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range a. 0- 99,000 b. 100,000 - 299,000 c. 300,000 - 499,000 d. 500,000 - Above Limit 250,000 500,000 750,000 1,000,000 Page 8 of 27 City of Delray Beach Land Surveying Consulting Services Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assi The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. Page 10 of 27 City of Delray Beach Land Surveying Consulting Services J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Avirom & Associates, Inc. 50 SW 2 11a Avenue, Suite 102 Boca Raton, Florida 33432 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. Page 11 of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for perfonning such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other fortes of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non- discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of Page 12 of 27 City of Delray Beach Land Surveying Consulting Services the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contactor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT fiu-ther agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS, Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY Attorney CITY OF DELRAY BEACH, FLORIDA LOU MAYOR CONSULTANT Avirom & Associates, Inc. Michael D. Avirom Name Printed Title: President (Seal) v Witness n CA Name Printed Page 15 of 27 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach City of Delray Beach Land Surveying Consulting Services BEFORE ME, the foregoing instrument, this Lj day of j y U. 0 t`� 200 1�vas acknowledged by j1jk&Nq&k V, on behalf of thd Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this L3 day of (') u ar , 2ft t,-� 1 N#fary Public (SEAL) My Commission Expires: , 1 Y MOE CHINA *; *, MY WAIISSiON 0 EE 037W EXPIRES: November 7, 2014 Rf„F� Boded 7hru Nozy Pubk 06=ftm ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared ' known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: ACKNOWLEDGEMENT IF A PARTNERSHIP Page 16 of 27 City of Delray Beach Land Surveying Consulting Services State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200—. Notary Public My Commission Expires; Wage 17 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE CITY PROJECT NO. CONSULTANT PROJECT NO. TITLE: This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET W. 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 commence work on any service authorization approved by the City to be included as pant of the contract without a further notice to proceed. Page 18 of 27 Approved ley: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney City of Delray Beach Land Surveying Consulting Services CONSULTANT: Date im (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201_, 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 Notary Public State of Florida My Commission Expires: 201 Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference: Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights -of -way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right -of -way as well as the front two corners of the building on each lot. 3. 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. Coordination with City of Delray Beach's Water and Sewer network at (561) 243 -7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline 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. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200 +00 for SE 2nd Ave, 300 +00 for SE 3rd Ave, 800 +00 for SE 8" Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING ", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08 "_ a@ 1 " =20' this would be 1.6' high letters 1-100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note . Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. Page 22 of 27 PLACEMENT OF LEADER LINES (THIS IS A TEST THIS IS A TEST OF A FOUR LINE OF A FOUR LINE NOTE FOR LEADER NOTE FOR LEADER DEMONSTRATION DEMONSTRATION WRONG THIS IS A TEST THIS IS A TEST OF A FOUR LINE OF A FOUR LINE NOTE FOR LEADER NOTE FOR LEADER DEMONSTRATION DEMONSTRATION RIGHT City of Delray Beach Land Surveying Consulting Services DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent ( %). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 City of Delray Beach Land Surveying Consulting Services I�:1:11: ills: Hourly Raw CADD Drafting Salary Rate Multiplier Hourly Rate William Evans 26.00 3 78.00 Stephen McKean 19.00 3 57.00 Hourly Raw Survey Field Crew Hourly Raw Multiplier Hourly Rate Professional Land Surveyor Salary Rate Multiplier Hourly Rate Michael Avirom 50.00 3 150.00 John Doogan 33.60 3 100.80 Keith Chee -A -Tow 33.60 3 100.80 David Breaux 31.20 3 93.60 Mari sha Kreitman 24.00 3 72.00 Alan Reynolds 25.60 3 76.80 Hourly Raw CADD Drafting Salary Rate Multiplier Hourly Rate William Evans 26.00 3 78.00 Stephen McKean 19.00 3 57.00 Hourly Raw Survey Field Crew Salary Rate Multiplier Hourly Rate Michael J. Avirom 19.50 3 58.50 Russel Dame 23.00 3 69.00 Jimmy Friddle 22.00 3 66.00 Robert Howald 18.00 3 54.00 Kevin Ward 15.00 3 45.00 Hourly Raw Office Support Salary Rate Multi lier Hourly Rate Janice China 21.5 3 64.50 Lisa Mindieta 20.0 3 60.00 Page 24 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Beach Invoice # 434 S. Swinton Ave. Delray Beach, FL 33444 invoice Date: Service Auth. # Remit To: City Purchase Order # City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary / Description of Services LABOR Class Name Rate Hours Principal Sr. Engineer Engineer Cadd Designer Sr. Engineering Tech Sr. Inspector Clerical Subtotal Labor SUBCONSULTANTS (Must attach copies of backup Invoices) Insert Name of Subconsultant Insert Name of Subconsultant Subtotal Subconsultants REIMBURSABLE /OUT -OF- POCKET EXPENSES (Must attach copies of backup) Postage Printing Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE: Page 1 of 3 mount $0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 mount $0.00 $0.00 Amount $0.00 $0.00 Page 25 of 27 EXHIBIT C (page 2) Bill l To; City of Delray Beach Invoice I# 434 S. Swinton Ave. Defray Beach, FL 33444 Invoice Date: Service Auth. # Remit To. City Purchase Order # City Project Number: City Project Title; For Professional Services for Period Ending; COST SUMMARY (Must match cost breakdown In Service Authorization) Phase or Task Number Phase or Task Description Phase I or Task 1 (insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase it or Task 2 (insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount. Previously Earned Amount Remaining Phase fif or Task 3 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount Amount Earned This Perlod Amount Previously Earned Amount Remaining Phase V or Task S (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Arnount Previously Earned Amount Remaining Page 2 of 3 City of Delray Beach Land Surveying Consulting Services Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 $o,ao $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 i Page 26 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT C (page 3) Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To:, City Project Title: For Professional Services for Period Ending: Invoice # Invoice Date: Service Auth, 4 City Purchase Order ft City Project Number: Phase or Task Number Phase or Task Description Amount Phase VI or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase Vil or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VIII or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount. Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0100 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 27 of 27 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and , hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS, GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man - hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page l of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase {s} of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. 11. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Land Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David A. Bower , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. 11I. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. 1. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. 1V. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the Page 4 of 27 City of Delray Beach Land Surveying Consulting Services CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method 11 and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, Page 5 of 27 City of Delray Beach Land Surveying Consulting Services plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Page 6 of 27 City of Delray Beach Land Surveying Consulting Services C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. if the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in comnection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days fi•om presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT Page 7 of 27 City of Delray Beach Land Surveying Consulting Services shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 Ob (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products . and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage c. Contractual Coverage applicable to this specific AGREEMENT. f Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability, 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employcrs' Non - Ownership Page 8 of 27 City of Delray Beach Land Surveying Consulting Services 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. b. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and /or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. 1. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Dennis J. Leavy & Associates, Inc. Attn: Mr. David A. Bower Vice President 460 Business Park Way, Suite B Royal Palm Beach, Florida 33411 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. .Page 1 l of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O, Equal Opportunity mploMent: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non - discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P, Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q, Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Delray Beach Land Surveying Consulting Services those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction, Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST; City Clerk Approved as to Form: CITY Attorney CITY OF DELRAY BEACH, FLORIDA MAYOR CONSULTANT Dennis J. Leavy & Associates, Inc. Witness Title:_ David A. Bower, Vice President Name Printed (sea]), Witness Tara L, Leavy Name Printed Page 15 of 27 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach City of Delray Beach Land Surveying Consulting Services BEFORE ME, the foregoing instrument, this day of January 2012, was acknowledged by David A. Bower , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this 20 _ —, day of January , 2012. t3I�1 `l i1 t {)ii' > »i� . Nottv ublic Comm ission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared ' known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: Page 16 of 27 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach City of Delray Beach Land Surveying Consulting Services I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of 5200. _ Notary Public My Commission Expires: Page 17 of 27 EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. TITLE: City of Delray Beach Land Surveying Consulting Services FOR CONSULTING SERVICES CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET 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 commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney City of Delray Beach Land Suneying Consulting Services CONSULTANT: Date (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201_, 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 Notary Public State of Florida My Commission Expires: ►1111 Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference: Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Street From The survey should include the following: To 1. Platted rights -of -way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right -of -way as well as the front two corners of the building on each lot. 3. 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. Coordination with City of Delray Beach's Water and Sewer network at (561) 243 -7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline 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. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200 +00 for SE 2"d Ave, 300 +00 for SE 3�d Ave, 800 +00 for SE 8th Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING ", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08 "_@ 1 " =20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be resealed all at the same time without moving from their original insertion points. Page 22 of 27 PLACEMENT OF LEADER LINES iFr City of Delray Beach Land Sunfeying Consulting Services DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc.,. percent ( %). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 Employer Category EXHIBIT B Hourly Raw Salary Rates City of Delray Beach General Engineering Consulting Services Hourly Raw Salary Rate Times 2.80 Multiplier Professionals — Surveyors, Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc. Principal Surveyor .. ............................... $ 39. 29/ hr ............................ $110.01/hr. Project Surveyor ...... ............................... $ 33. 93/ hr ............................ $95.00/hr. Technicians — Drafters, Graphic Artists, Computer, Field Crews, Cartographics, Construction Inspectors, etc. Survey Technician ................................. $ 23. 21/ hr ............................ $64.99/hr. CADD Technician . ............................... $ 23. 21/ hr. ........................... $64.99/hr. Three Man Field Crew ........................... $42.86/hr ............................ $120.01 /hr. Two Man Field Crew ............................. $ 33. 93/ hr ............................ $95.00/hr. Office Support Clerical/ Adrnin ........ ............................... $ 19. 64/ hr ............................ $54.99/hr. Page 26 of 30 EXHIBIT C City of Delray Beach Land Surveying Consulting Services CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To; Invoice ff Invoice Date: Service Auth. fi City Purchase Order 4 City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary / Description of Services LABOR Class Name hate Hours Principal Sr. Engineer Engineer Cadd Designer Sr. Engineering Tech Sr. inspector Clerical Subtotal Labor SUBCONSULTANTS (Must attach copies of backup invoices) Insert Name of Subconsultant Insert Name of Subconsultant Subtotal Subconsultants REIMBURSABLE/OUT-OF-POCKET EXPENSES (Must attach copies of backup) Postage Printing Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE: Page 1 of 3 mount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount $0.00 $0.00 mount $ 0.00 $0.00 $0.00 $0.00 Page 25 of 27 EXHIBIT C (page 2) Bill T • City of Delray Beach 434 S. Swinton Ave. Delray Beach, Ft 33444 Remit o: City Project Title: For Professional Services for Period Ending: Invoice # Invoice Date: Service Auth. b City Purchase Order 1! City Project Number: COST SUMMARY (Must match cost breakdown In Service Authorization) Phase or Task Number Phase or Task Description Phase I or Task 1 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase II or Task 2 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase V or Task S (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Page 2 of 3 City of Delray Beach Land Surveying Consulting Services Amount $0.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Page 26 of 27 EXHIBIT C (page 3) Bill Tor City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To City Project Title: For Professional Services for Period Ending: Phase of Task Number Phase or Task Description Phase VI or Task 6 (insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase VII or Task 7 Phase Vill or Task a (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remalning (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Arnount Previously Earned Amount Remaining TOTAL CONTRACT COSTS Total Contract Amount Total Amount Earned This Period TotalAmount Previously Earned Total Amount Remalning Page 3 of 3 Invoice # Invoice Date: Service Auth. 11 City Purchase Order If City Project Number: City of Delray Beach Land Surveying Consulting Services Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 Page 27 of 27 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and Caulfield & Wheeler, Inc., hereinafter referred to as "CONSULTANT ". WITNESSETH; WHEREAS, the CITY has provided notice of the desired professional services and calTied out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY Purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man - hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Pagel of 27 City of Delray Beach Land Suneying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. 11. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Laud Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates David P. Lindley OR Jeffrey R. Wagner, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. 1. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City inust authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining fiom others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following; A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT Page 4 of 27 City of Delray Beach Land Sun�eying Consulting Services as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD I - LUMP SUM Lump Suin Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge /not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. Page 5 of 27 City of Delray Beach Land Surveying Consulting Services a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject. to audit. The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both panties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost Page 6 of 27 City of Delray Beach Land Suiveying Consulting Services reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. Page 7 of 27 City of Delray Beach Land Surveying Consulting Services C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3, Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non - Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Page 8 of 27 City of Delray Beach Land Surveying Consulting Services Construction Cost Range Limit a. 0- 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs CI, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. The CITY shall be narned as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and /or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising frorn this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Defray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW 1 st Avenue Delray Beach, Florida 33444 CONSULTANT Caulfield & Wheeler, Inc. 7301A W. Palmetto Park Road Suite 100A Boca Raton, FL 33433 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. Page 11 of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non - discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terns hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Delray Beach Land Surveying Consulting Services those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, fiom and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees fiom and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Disuute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D ". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY Attorney W ness Joonnc fort Cs Naive Printed Witnes e'-A� Name Printed CITY OF DELRAY BEACH, FLORIDA Un MAYOR CONSULTANT: Caul f Wheeler, Inc, By: David P. Lindley, PLS Title: Vice President. Page 15 of 27 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach City of Delray Beach Land Surveying Consulting Services BEFORE ME, the foregoing instrument, this I ill, day of January, 2012, was acknowledged by David P. Lindley, Vice President, on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this day of January, 2012. tary Public (SEAL) My Commission Expires: Joanne L. Oe"an NOTARY PUBLIC STATE OF FLORIDA Ho Comm# EE1021V96 Expires 7/18/2015 ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: Page 16 of 27 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Patin Beach City of Delay Beach Land Surveying Consulting Services I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned, SWORN TO AND SUBSCRIBED before me this day of , 200—. Notary Public My Commission Expires: Page 17 of 27 EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. CITY P.O. NO. CITY PROJECT NO. TITLE: City of Delray Beach Land Surveying Consulting Services FOR CONSULTING SERVICES CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE Or SERVICES III. BUDGET 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 commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney City of Delray Beach Land Surveying Consulting Services CONSULTANT: Date (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201, was acknowledged by on behalf of the Corporation , and said person executed the same flee and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of Notary Public State of Florida My Commission Expires: 201_ Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference: Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take fiom execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights -of -way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right -of -way as well as the front two corners of the building on each lot. 3. 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. Coordination with City of Delray Beach's Water and Sewer network at (561) 243 -7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline 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. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200 +00 for SE 2nd Ave, 300 +00 for SE 3td Ave, 800 +00 for SE 8 1 Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING ", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08 "_@ 1 " =20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20" etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. Page 22 of 27 PLACEMENT OF LEADER LINES THIS IS A TEST �._THIS IS it LEST OF A FOUR LINE CF A FOUR LINE NOTE FOR LEADER NOTE. FOR LEADER DE;"ONSTRAIION DEMONSTRATION WRONG THIS IS A TEST OF A FOUR t IfJE NOIE f OR LEADER DE.MONSTRATIM .MIS IS A TEST OF A FOUR LINE NOTE FOR LEADER DLMONSIRATION RIG[iT City of Delray Beach Land Surveying Consulting Services DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter, It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk (LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent (%). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 EXHIBIT B Raw Salary Raw Salary Hourly Rates Hourly Rates With Overhead Factor Employer Category Professionals — (Engineers, Architects, Planners, Economists, Scientists, Hydrologists, Hydrogeologists, Geologists, etc.) Professional Land Surveyors - 2 cr $135.00/Hour Professional Engineers — 2 @ $135.00 /Hour Landscape Architect — 1 @ $125.00 /Hour Technicians — (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) CADD Operators — 4 @ $85.00/Hour Surveyors —13 : Field Survey Crew @ $125.00 /Hour GPS Survey Crew @ $165.00/1-lour Laser Scanning Survey Crew @ $200.00/Hour Robotic Survey Crew @ $140.00 /Hour Inspector —1 @ $70.00 /Hour Office Support Administrative Staff — 4 @ $75.00/Hour City of Delray Beach Land Surveying Consulting Services Page 24 of 27 EXHIBIT C City of Delray Beach Land Sun�eying Consulting Services CONS WING SERVICES INVOICE FORMAT Bill To; City of Delray Beach 434 S. Swinton Ave, Delray Beach, FL 33444 Rernit To: Invoice 4 Invoice Rate: Service Auth. It City Purchase Order it City Project Number: City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary / Description of Services LABOR Class Name Rate Hours Amoun d Pr €ncipal $0.00 Sr. Engineer $0.00 Engineer $0.00 Cadd Designer $0.00 Sr. Engineering Tech $0.00 Sr. Inspector $0.00 Clerical $0.00 Subtotal Labor $0.00 SUBCONSULTANTS (Must attach copies of backup Invoices) Amount Insert Name of Subconsultant $0.00 Insert Name of Subconsultant $0.00 Subtotal Subconsultants $0.00 REIMBURSABLE /OUT -OF- POCKET EXPENSES (Must attach copies of backup) Amoun t Postage $0.00 Printing $0.00 Subtotal Expenses $0.00 T01'AL AMOUNT DUE THIS INVOICE: $0.00 Page 1 of 3 Page 25 of 27 EXHIBIT C (page 2) Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, Ft. 33444 ReMit To: - — - ---- -- City Project Title: For Professional Services for Period Ending: Invoice f# Invoice Date: Service Auth. 11 City Purchase Order City Project Number: City of Delray Beach Land Surveying Consulting Services COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase or Task Description Amoun t Phase I or Task Z (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0100_ Amount Remaining $0.00 Phase li or Task 2 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase IV or Task 4 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Page 2 of 3 Page 26 of 27 Bill To: Remit To: EXHIBIT C (page 3) City of Delray Beach 434 S. Swinton Ave. Delray Beach, Fl. 33444 City Project Title: For Professional Services for Period Ending: Invoice t# Invoice Date: Service Auth. it City Purchase order It City Project Number: City of Delray Beach Land Surveying Consulting Services Phase or 1' sk Number Phase or Task Description Amount Phase VI or Task & (insert Description of Phase or Task) $0.00 Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VII or Task 7 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 Phase VIII or Task 8 (Insert Description of Phase or Task) Contract Amount $0.00 Amount Earned This Period $0.00 Amount Previously Earned $0.00 Amount Remaining $0.00 TOTAL CONTRACT COSTS Total Contract Amount $0.00 Total Amount Earned This Period $0.00 Total Amount Previously Earned $0.00 Total Amount Remaining $0.00 Page 3 of 3 Page 27 of 27 City of Delray Beach Land Surveying Consulting Services AGREEMENT FOR LAND SURVEYING CONSULTING SERVICES THIS AGREEMENT made and entered into this day of , 20 , by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY ", and , hereinafter referred to as "CONSULTANT ". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: 1. DEFINITIONS: GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. A sample form of the service authorization is attached as Exhibit "A" to this AGREEMENT. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man - hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with Page I of 27 City of Delray Beach Land Surveying Consulting Services authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant`s contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer /employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplish- ment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The City has established a budget for each project awarded to CONSULTANT. The CONSULTANT shall be responsible for providing, at no additional cost to the City, new designs, drawings, specifications, reports and other applicable services if the budget for the entire project is exceeded during and up to completion of the design phase of the project; however, nothing contained herein shall require the CONSULTANT to bear additional costs if the additional costs are a result of a change in the scope of services directed by the City. E. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion, compliance with regulations and rules, and the coordination with all appropriate agencies of all designs, drawings, specifications, reports and other services furnished by the CONSULTANT under this AGREEMENT. If the CITY determines there are any errors, omissions or other deficiencies in the CONSULTANT'S designs, drawings, specifications, reports and other services, the CONSULTANT shall, without additional compensation, correct or revise said errors or omissions to the satisfaction of the CITY. F. Approval by the CITY of drawings, designs, specifications, reports and incidental professional services or materials furnished hereunder shall not in any way relieve the CONSULTANT of responsibility for the technical adequacy of its work. The CITY'S review, approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights Page 2 of 27 City of Delray Beach Land Surveying Consulting Services under this AGREEMENT or of any cause of action arising out of the performance of this AGREEMENT. G. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. H. The CONSULTANT designates Derek Zeman , as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. I. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. 111. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A. The CONSULTANT shall consult with the CITY to clarify and define the CITY's requirements for the project and review available data. B. The CONSULTANT shall advise the CITY as to the necessity of the CITY's providing or obtaining from others, data or services. C. The CONSULTANT shall furnish the number of copies of the survey and report documents as provided in the SERVICE AUTHORIZATION and reviews them with the CITY. D. The CONSULTANT, in consultation with the CITY shall determine the general scope, extent and character of the Project. E. Advise the CITY if additional data or services are necessary and assist the CITY in obtaining such data and services. F. The CONSULTANT shall make available all design calculations and associated Data. Page 3 of 27 City of Delray Beach Land Surveying Consulting Services G. The CONSULTANT shall prepare survey documents which shall include but not be limited to drawings and technical information, general and supplementary conditions, with technical criteria, descriptions and data necessary for permitting by governmental authorities. H. The CONSULTANT shall in the preparation of survey documents, technical criteria, written descriptions and data, take into account all currently prevailing codes and regulations governing construction in the City of Delray Beach, Florida, and shall meet the requirements of all other agencies or governmental authorities having jurisdiction over the project. I. The CONSULTANT shall be responsible for all required research related to existing plats, as- built drawings and other information as related to the scope of the project. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to, transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the Page 4 of 27 City of Delray Beach Land Surveying Consulting Services CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided, however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City's discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Sei vice Authorization shall delineate a time for completion of the services to be rendered VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man- hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. Hourly rates included in the estimated man -hours shall not exceed established hourly rates as shown in Exhibit B attached hereto, plus reimbursable expenses and other related costs. 2. METHOD II - TIMES CHARGES/ NOT TO EXCEED BUDGETED AMOUNT Computation of Time Charges/Not to Exceed Amount. When a service is to be compensated for on a time charge/not to exceed basis, the CONSULTANT will submit a not to exceed budget cost to the CITY for prior approval based on actual time charges which shall not exceed established hourly rates as shown in Exhibit B attached hereto, Page 5 of 27 City of Delray Beach Land Surveying Consulting Services plus reimbursable expenses and other related costs. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the not to exceed cost amount. a. The CITY agrees to pay the CONSULTANT compensation for services rendered based upon the established raw hourly salary rates as shown in Exhibit B for services rendered on CITY projects multiplied by an overhead factor not to exceed 3.0, which includes profit not to exceed ten percent (10 %) and may be subject to audit, The Schedule of hourly rates as set forth in Exhibit B will not be adjusted during the initial two (2) year agreement. The rates in Exhibit B may be considered for adjusted after the initial two (2) year agreement; however the adjustment may not exceed more than five percent (5 %) within any twelve (12) month period and will require written agreement of both parties. A newly revised Exhibit B must be submitted for approval. b. In addition, the CITY shall pay for reimbursable expenses invoiced at the actual cost of expenditures incurred by the CONSULTANT if provided in the SERVICE AUTHORIZATION as follows: (1) Actual expense of transportation and lodging in accordance with CITY policy in effect at the time of travel when traveling in connection with each SERVICE AUTHORIZATION, express courier charges, and permit fees paid for securing approval of authorities having jurisdiction over the project. (2) Actual expense of reproductions, of Drawings and Specifications including duplicate sets of the completion of each SERVICE AUTHORIZATION for the CITY'S review and approval. (3) Actual expenses of testing, laboratory services, and field equipment. (4) Actual expense of overtime work requiring higher than regular rates, when authorized by the CITY. (5) Actual expense of Auto Travel at the established CITY rate per mile for travel outside Palm Beach County. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10 %) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub - consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. Page 6 of 27 City of Delray Beach Land Surveying Consulting Services C. Total Compensation (including, but not limited to compensation for sub - consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with that shown in Exhibit C. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. IX. MISCELLANEOUS PROVISIONS A. Ownership Documents: All reproducible mylar drawings, field notes, computations and CADD disks in a format compatible with CITY'S Computer system shall be given to the CITY. Details, design calcula- tions, and all other documents and plans that result from the CONSULTANT'S SERVICES under this AGREEMENT shall become and remain the property of the CITY, including copyright rights, whether the project is completed or not, and will be delivered to the CITY upon demand. CONSULTANT reserves the right to retain a copy of all such documents for record purposes. Where such documents are required to be filed with governmental agencies, the CONSULTANT will furnish copies to the CITY upon request. The contract work is represented by hard copy documentation; software, is provided to the CITY for convenience only. B. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that the materials cited in Paragraph IX A. and other data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT Page 7 of 27 City of Delray Beach Land Surveying Consulting Services shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. C. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A.Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 2106 (Engineers, Architects, or Surveyors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non -Owned Vehicles c. Employers' Non - Ownership Page 8 of 27 City of Delray Beach Land Surveying Consulting Services 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range a. 0- 99,000 b. 100,000 - 299,000 c. 300,000 - 499,000 d. 500,000 - Above Limit 250,000 500,000 750,000 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub - consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs Cl, C2, C3, C4. All policies covered within subparagraphs Cl, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (3 0) days prior to the date of their expiration. For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. Page 9 of 27 City of Delray Beach Land Surveying Consulting Services E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assi ng ment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non - Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with Page 10 of 27 City of Delray Beach Land Surveying Consulting Services services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY OF DELRAY BEACH CITY MANAGER City of Delray Beach, Florida 100 NW Ist Avenue Delray Beach, Florida 33444 CONSULTANT Wantman Group, Inc. Mr. David Wantman, P.E., President 2035 Vista Parkway West Palm Beach, FL 33.411 K. Attachments: Request for Qualifications is hereby incorporated within and made an integral paid of this AGREEMENT. L. Truth -In- Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current, The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. Page 11 of 27 City of Delray Beach Land Surveying Consulting Services M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay -off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non - discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees; The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically Page 12 of 27 City of Delray Beach Land Surveying Consulting Services the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R, indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of eiror, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification's contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT fiuther covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. Page 13 of 27 City of Delray Beach Land Surveying Consulting Services U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. This AGREEMENT applies only to those projects that are on the CITY'S Capital Improvement Plan (CIP), attached hereto as Exhibit "D". The CITY is not required to issue any Service Authorizations to CONSULTANT for any projects listed on the CIP. Page 14 of 27 City of Delray Beach Land Surveying Consulting Services IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. ATTEST: City Clerk Approved as to Form: CITY Attorney mess Kathleen R. Fontaine Name Printed Witness Jill Mathison Name Printed CITY OF DELRAY BEACH, FLORIDA LIM MAYOR CONSULTANT Wantman Grotip, Inc. Title: Sr. Vice President (Seal) Page IS of 27 ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach City of Delay Beach Land Surveying Consulting Services BEFORE ME, the foregoing instrument, this 12th day of _ Januar , 2012, was acknowledged by Robin B. Petzold , on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand an seal in the County and State aforesaid this 12th day of January , 2012. ta�y Public (SEAL) My Commission Exp' KATHLEEN R. FONTAINE Fly COMMISSION N DD 764652 3 EXPIRES: September 1, 2012 Boded jFejNsiwPubcUAMnuFers ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared , known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he /she executed the same. SWORN TO AND SUBSCRIBED before one this day of , 200—. Notary Public My Commission Expires: Page 16 of 27 ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach City of Delray Beach Land Surveying Consulting Services I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared known to me to be the person in and who executed the foregoing instrument as a partner of , a partnership. He /She acknowledged before that he /she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this day of , 200_. Notary Public My Commission Expires: Page 17 of 27 City of Delray Beach Land Surveying Consulting Services EXHIBIT A (SAMPLE) CONSULTING SERVICE AUTHORIZATION DATE: CONSULTANT: SERVICE AUTHORIZATION NO. FOR CONSULTING SERVICES CITY P.O. NO. CITY PROJECT NO. TITLE: CITY EXPENSE CODE CONSULTANT PROJECT NO. This Service Authorization, when executed, shall be incorporated in and shall become an integral pant of the "Agreement for General Consulting Engineering Services" Contract. I. PROJECT DESCRIPTION II. SCOPE OF SERVICES III. BUDGET 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 commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Page 18 of 27 Approved by: CITY OF DELRAY BEACH: Date Mayor Attest: Approved as to Legal Sufficiency City Attorney City of Delray Beach Land Surveying Consulting Services CONSULTANT: Date (Seal) Witness (Signature) Witness (Printed) BEFORE ME, the foregoing instrument, this day of , 201 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 Notary Public State of Florida My Commission Expires: 201_ Page 19 of 27 City of Delray Beach Land Surveying Consulting Services LAND SURVEY CONSULTING SERVICE AUTHORIZATION Reference: Typical Survey Requirements and Scope Dear: The City is proposing to upgrade existing water main for the street listed below. I have enclosed a map outlining the minimum limits of the streets involved. Please submit an estimate for completing a topographical survey. Also, please provide the time it will take from execution of a service authorization to delivery of the survey. Street From To The survey should include the following: 1. Platted rights -of -way (include bearing and distances for centerlines), lot numbers, block numbers, House Numbers (if available) and dedicated easements. 2. All improvements, physical objects, driveways, and significant landscape (i.e. trees, shrubs) within the right -of -way as well as the front two corners of the building on each lot. 3. 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. Coordination with City of Delray Beach's Water and Sewer network at (561) 243 -7312 for underground utilities locates shall be the surveyor's responsibility. Do not use City of Delray Beach atlas for locations. 4. All topographical surveys shall have stationing established from south to north and west to east where applicable. 5. Elevations shall be indicated every 25 feet, at a minimum, to indicate centerline 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. 6. The survey shall include topography of the complete intersection, 25 feet beyond radius returns, at the terminal end of each street. 7. Tie survey to state plane coordinate system and set a minimum of two permanent reference markers. 8. The survey stationing shall not repeat, i.e. use 200 +00 for SE 2„ d Ave, 300 +00 for SE 3rd Ave, 800 +00 for SE 8" Street etc. 9. The surveyor shall submit one (1) digital and three (3) signed and sealed copies of the survey to the City. Page 20 of 27 City of Delray Beach Land Surveying Consulting Services BASIC STANDARDS & PROTOTYPES FOR SURVEY DRAWING CREATION October 03, 2011 The primary use of survey drawings produced for the City's Engineering Division is as a basemap for design work. Standards for basemap creation have been established and it is necessary that they be followed closely with few exceptions. The purpose of these standards is to minimize the time cad operators spend developing a usable basemap for the City's Engineering Division. The layers provided in the Delray prototype drawing are to be used exclusively. All entities placed on these layers should be set to color and linetype by layer. Symbols such as manholes, valves, & hydrants that are inserted into the drawings should be block entities and not individual lines, arcs, etc... They should be uniformly scaled. Each symbol should have been created on layer 0 (color 7) and inserted into the drawing on the layer of intended use thus, automatically changing to the layer color upon insertion. An example of an exception would be a block that has attributes, such as an Autodesk Land Development Desktop POINT Block. This block consists of a point on layer 0 (color 7) and predefined attribute layers for an elevation (color 3), point # (color 1), & description (color 2). These standards for producing and using symbology should be followed and will result in block entities that can be manipulated in groups as needed. Annotation of existing features on drawings shall be done using a leroy fontstyle created from using the AutoCAD SIMPLEX.shx font file. These styles are to be named in accordance with the sizes of each leroy standard lettering template. All existing features shall be labeled as "EXISTING ", using all upper cap letters. "EXISTING LIGHT POLE" Annotation text and leader lines should be placed in the same feature layer. I.E. Existing hydrant annotation and leader would be placed on layer "EN- WATER". LEROY TEMPLATE PLOTTED PLOTTED SIZE x PLOT SCALE = SCALED HEIGHT SIZE SIZE L80 0.08 "_@ 1 " =20' this would be 1.6' high letters L100 0.10" L120 0.12" L140 0.14" L175 0.175" L200 0.20„ etc. Line weights are to be set to Leroy pen size standards. This is accomplished through the use of the DELRAY.CTB (or PCP) file. The file will set ACAD PENS 1 through 14 to plot in leroy pen sizes 000 through 3. Pens 1 through 7 will print solid dark black and pens 8 through 14 will print shaded (halftone). Note : Half tones are accomplished in the abovementioned plotter control files. The screening value of the affected pens has been modified. Elevations, spot elevations, spot shots, or grade elevations; whatever the term, are to be set in a drawing using a POINT block. A block consisting of an AutoCAD point and an elevation attribute is acceptable. An Autodesk Land Development Desktop point block is preferable and included on the standard files CD. Page 21 of 27 City of Delray Beach Land Surveying Consulting Services There are a few main issues regarding drawing management and file transfers to the city that require compliance. When producing a drawing file for the city all efforts should be made to create drawing files in model space only. Files will not be acceptable if they contain nested blocks or nested xrefs. When transferring files to the City on a CD make sure that all support files are included. DO NOT copy drawing files directly from your storage location to a CD. Use the wblock command to write a drawing file containing only the entities in your deliverable as seen on the screen. This will eliminate the transfer of unused or confusing data to the city. Contact the City's Engineering Division to receive digital file copies of all prototypes and more information regarding standards. FILES ON DISK DESCRIPTION: COVERSHT.DWG Standard PROJECT TITLE SHEET block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. DELRAY.DWG Start a NEW drawing using this prototype. This drawing file contains all the standard layers used by the city engineering division. See standards CD for a document file explaining the layer structure. 2436STAN.DWG Standard border and title block. Insert unexploded with a scale factor equal to the desired plot scale. ATTDIA should be on. LEROY.DWG Insert exploded to make base leroy styles available in a drawing. The heights should be adjusted per desired plot scale. DIMARROW.DWG This DIMARROW is to be used in place of ANY Autodesk standard dimarrows for dimensioning and leaders. Standard AutoCAD dimarrows are worthless entities and do not permit a global editing when required. An example would be a case where a drawing pieced together from drawings created using different LTSCALE settings ends up having arrows of different sizes. Using this DIMARROW block they can be rescaled all at the same time without moving from their original insertion points. Page 22 of 27 PLACEMENT OF LEADER LINES 1 - A FG:I? _INE NOTE � - LEADER s H S 3 A - ?'SI T -_ - r _- -Q ,,�• —TWS 1� A 'rc.T - ,1..•; 'S TC' fi'790t;g7RAT1r:N VEMCKSTF.ATC',! — City of Delray Beach Land Surveying Consulting Services DELRAY.CTB If applicable, this AutoCAD plotter control file is used for plotting on an 1055cm, T2300, or equal HP plotter. It maintains leroy pen widths on drawings, and defaults to the standard sheet size used for plotting, when the standard 2436STAN.dwg border is used. Original layer settings from the DELRAY.dwg prototype must be maintained if using this file for plotting. A PCP file is also included for the same purpose if needed. POINT.DWG Standard Softdesk(LDD) point block. For those consultants not using Autodesk Land Development Desktop survey functions to import fieldwork, this block must be inserted manually. They have to be inserted unexploded at a scale factor equal to the plotted scale of the drawing. The point attribute values are to be modified appropriately. ACAD.LIN Standard Linetype file. It contains some custom linetypes that we use. For example: Using the AutoCAD standard hatch pattern of dots in a drawing is very cumbersome in terms of added file size. So, creating hatch patterns containing only lines, helps the file size stay extremely small, thus the creation of a hatch pattern using a line definition of dots. We use a standard dot hatching equal to those old peel and stick films used in the pre -CAD days. You could define patterns of dots in densities of 10, 15, 20, 30, etc... percent ( %). When varied pen widths or half tones are applied in their use many combinations are possible. Page 23 of 27 EXHIBIT B Raw Salary Hourly Rates Employer Category Professionals - (Surveying, Mapping, Utility Designating) City of Delray Beach Land Surveying Consulting Services Raw Salary Hourly Rates With Overhead Factor Principal Surveyor 68.27 204.81 SUE Services Manager 47.11 141.33 Senior Professional Surveyor 45.67 137.01 Professional Surveyor 35.85 107.55 SUE Engineer 26.92 80.76 Technicians - (Drafters, Graphic Artists, Computer, Surveyors, Cartographics, Construction Inspectors, etc.) Surveyor Intern 22.64 67.92 SUE Field Manager 27.92 83.76 Surveyor /Technician 31.25 93.75 GIS Technician 31.25 93.75 2 Man Survey Crew 33.33 120.00 3 Man Survey Crew 50.00 150.00 4 Man Survey Crew 80.00 180.00 Hydrographic/Bathymetric Crew 108.33 325.00 Laser Scanning Survey Crew 83.33 250.00 Vacuum Excavation Crew 80.00 180.00 Utility Designating Crew 33.33 120.00 Office Support Administrative 21.75 65.25 Page 24 of 27 EXHIBIT C City of Delray Beach Land Surveying Consulting Services CONSULTING SERVICES INVOICE FORMAT Bill To: City of Delray Beach 434 S. Swinton Ave. Delray Beach, FL 33444 Remit To: Invoice # Invoice Date: Service Auth. # City Purchase Order # City Project Number; City Project Title: For Professional Services for Period Ending: Project Status Summary Paragraph (Description of Services Provided): Insert Status Summary/ Description of Services t.ABOR Class Name Rate Hours Principal Sr. Engineer Engineer Cadd Designer Sr. Engineering Tech Sr. Inspector Cierical Subtotal Labor SUBCONSULTANTS (Must attach copies of backup invoices) Insert Name of Subconsultant Insert Name of Subconsultant Subtotal Subconsultants REIMBURSABLE /O,UT -OF- POCKET EXPENSES (Must attach copies of backup) Postage Printing Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE: Page 1 of 3 Amoun $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Amount $0.00 $0.00 $0,00 Amount =I $0.00 Page 25 of 27 EXHIBIT C (page 2) Bill To: City of Delray Beach Invoice #t 434 S. Swinton Ave. Delray Beach, FL 33444 Invoice Date: Service Auth. it Remit To, Purchase Order # City Project Number: City Project Title: For Professional Services for Period Ending; COST SUMMARY (Must match cost breakdown in Service Authorization) Phase or Task Number Phase or Task Description, Phase I or Task 1 (Insert Description of Phase or Task) Contract Arnount Amount Earned This Period Amount Previously Earned Amount Remaining Phase I I or Task 2 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase III or Task 3 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase IV or Task (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase V or Task 5 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Page 2of3 City of Delray Beach Land Surveying Consulting Services Amount $0.00 $0.00 $ 0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Page 26 of 27 EXHIBIT C (page 3) Bill To: City of Delray Beach Invoice # 434 S. Swinton Ave. Delray Beach, FL 33444 Invoice pate: Service Auth, 4 Remit To: City Purchase Order # City Project Number: City Project Title: For Professional Services for Period Ending: Phase or Task Number Phase or Task Description Phase Vi or Task 6 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase VII or Task 7 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining Phase Vill or Task 8 (Insert Description of Phase or Task) Contract Amount Amount Earned This Period Amount Previously Earned Amount Remaining TOTAL CONTRACT COSTS Total Contract Amount Total Amount Earned This Period Total Amount Previously Earned Total Amount Remaining Page 3 of 3 City of Delray Beach Land Surveying Consulting Services Amount $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Page 27 of 27 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD /CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 12, 2012 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 RESOLUTION NO. 19 -12: LAP AGREEMENT/ FDOT/ FEDERAL HIGHWAY BEAUTIFICATION PROJECT ITEM BEFORE COMMISSION This is a request for Commission approval /authorization for Mayor to execute the Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT) for the construction of the Federal Highway Beautification Project. Project No. 2009 -009. BACKGROUND On May 12, 2009, Commission gave approval to move forward with design of permanent modifications to US 1 between SE 10th Street and George Bush Blvd and authorized the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to obligate FDOT's SE -NE 5th and 6th Avenue resurface, restore and rehabilitate (RRR) funding to the City and the City will implement FDOT's RRR project. FDOT's RRR project is currently scheduled for fiscal year (FY) 2011 -2012. The scope of the project is as follows: • The proposed general modifications to US -1 (5th and 6th Avenues) will be complete reconstruction of two blocks north and south of Atlantic Avenue (between SE 2nd Street and NE 2nd Street) and milling and resurfacing the remainder of the project limits where existing curb and sidewalk will remain in place. New decorative street lighting will be designed within the reconstruction area between SE 2nd and NE 2nd Streets. Existing street lighting will be retained for the remainder of the project. On street parking will be included within the final construction documents. • Bump -Outs will be constructed in the radius returns of the intersecting side streets located within the limits of the milling and resurfacing portion of the project. Drainage modification will be required to accommodate the Bump -Outs. Midblock Bump -Outs will be provided without connection to existing curb and gutter to maintain drainage flow along existing curb and gutter. • Landscaping and irrigation will be designed for both sides of 5th and 6th Avenues. Landscaping and irrigation will be located in the "Bump- Outs" within the milling and resurfacing portion of the project, and in the reconstruction area between SE 2nd Street and NE 2nd Street. • There will be three proposed signalized intersections. An underground traffic signal interconnect system will be provided along both 5th and 6th Avenues within the limits of reconstruction. Provide signal loop replacement design for all intersections due to milling and resurfacing. • Prepare limited water main construction plans for a maximum of four crossing locations (from east to west right -of -way lines of 6th Ave). RECOMMENDATION Staff recommendation approval. RESOLUTION NO. 19 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A LOCAL AGENCY PROGRAM (LAP) AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO PROVIDE FOR THE DEPARTMENT'S PARTICIPATION IN MILLING AND RESURFACING OR RECONSTRUCTING PORTIONS OF US 1 / SR -5 FROM SOUTH OF HARBORSIDE DRIVE TO BOND WAY (PROJECT CONSISTING OF LANDSCAPING, LIGHTING, AND MINOR DRAINAGE IMPROVEMENTS) AND RESURFACING ON ATLANTIC AVENUE FROM SOUTHBOUND US -1 TO NORTHBOUND US -1 WITHIN THE CITY OF DELRAY BEACH; PROVIDING FOR CONFLICTS; PROVIDING AN EFFECTIVE DATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the appropriate City officials of the City of Delray Beach are authorized to execute a Local Agency Program Agreement attached hereto as Exhibit "A ", on behalf of the City with the State of Florida Department of Transportation, to provide for the Department's participation in milling and resurfacing or reconstructing portions of US 1 / SR- 5 from south of Harborside Drive to Bond Way (project consisting of landscaping, lighting, and minor drainage improvements) and resurfacing on Atlantic Avenue from southbound US- 1 to northbound US -1. The City Manager and City Attorney are authorized to make minor revisions to such Agreement as are deemed necessary and proper for the best interests of the City. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of 52012. 01111194M. ATTEST: City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FPN: 420412- 1 -58 -01 Fund: DDR, HPP, LF, SE Federal No: 4854 080 P Org Code: 55043010404 FPN: 420412- 2 -58 -01 Fund: DDR Federal No: Org Code: 55043010404 FPN: Fund: Federal No: Org Code: FPN: Fund: Federal No: Org Code: County No:93 Contract No: Data Universal Number System (DUNS) No: 80- 939 -7102 525- 010 -40 PRODUCTION SUPPORT — 08/11 Page 1 FLAIR Approp: 790092 FLAIR Obj: FLAIR Approp: 790092 FLAIR Obj: FLAIR Approp: FLAIR Obj: FLAIR Approp: FLAIR Obj: Vendor No: Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency Department, and The City of Delray Beach hereinafter called the Agency, WITNESSETH: by and between the STATE of the State of Florida, hereinafter called the WHEREAS, the Agency has the authority to enter into this Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 339.12, Florida Statutes, to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Milling and resurfacina or reconstructina portions of US 1 / SR -5 from South of Harborside Dr to Bond Wav (oroiect consist of landscaoina. liahtina. and minor drainaae imarovements) and resurfacina on Atlantic Ave from Southbound US -1 to Northbound US -1. and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the "project," and to provide Department financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Attachments: Exhibit(s) 1 +A +B +L +RL +T +X are attached and made a part hereof. 2.01 General Requirements: The Agency shall complete the project as described in Exhibit "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. Time is of the essence as to each and every obligation under this Agreement. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. Inactivity and Removal of Any Unbilled Funds Once the Department issues a Notice to Proceed (NTP) for the Project, the Agency shall be obligated to submit an invoice or other request for reimbursement to the Department for all work completed for the Project no less frequently that on a quarterly basis, beginning from the day the NTP is issued. If the Agency fails to submit quarterly (or more frequently than quarterly) invoices to the Department as required herein and in the event said failure to timely submit invoices to the Department results in FHWA removing any unbilled funding or in the loss of State appropriation authority (which may include the loss of state and Federal funds, if there are state funds programmed to the Project), then the Agency will be solely responsible to provide all funds necessary to complete the Project and the Department will not be obligated to provide any additional funding for the Project. The Agency waives the right to contest such removal of funds by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 2 Department, if the removal is related to FHWA's withdrawal of funds or if the removal is related to the loss of State appropriation authority. In addition to the loss of funding for the Project, the Department will also consider the de- certification of the Agency for future LAP projects. Removal of All Funds If all funds are removed from the project, including amounts previously billed to the Department and reimbursed to the Agency, and the project is off the state highway system, then the department will have to request repayment for the previously billed amounts from the Local Agency. No state funds can be used on off - system projects. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 06/30/2014. If the Agency does not complete the project within this time period, this Agreement will expire on the last day of the scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of this Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Laws: In the event that any election, referendum, approval, permit, notice or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Agency Funds: The Agency shall initiate and prosecute to completion all proceedings necessary, including federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway Administration (FHWA) may require. The Agency shall use the Department's Local Agency Program Information Tool and applicable information systems as required. 3.00 Project Cost: 3.01 Total Cost: The total cost of the project is $ 8,123,444.00. This amount is based upon the schedule of funding in Exhibit "B." The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00. 3.02 Department Participation: The Department agrees to participate in the project cost to the extent provided in Exhibit "B." This amount includes federal -aid funds which are limited to the actual amount of federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled to be committed; b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; and d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit "B" for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 3 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "(a) The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." 3.06 Notice -to- Proceed: No cost may be incurred under this Agreement until the Agency has received a written Notice - to- Proceed (NTP) from the Department. The Agency agrees to advertise or put the project out to bid thirty (30) days from the date the Department issues the NTP to advertise the project. If the Agency is not able to meet the scheduled advertisement, the District LAP Administrator should be notified as soon as possible. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable Federal and State laws, the regulations in 23 Code of Federal Regulations (C.F.R.) and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of FHWA. Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost (23 C.F.R. 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported and the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for federal participation. Where correctable non - compliance with provisions of law or FHWA requirements exists, Federal funds may be withheld until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for 5 years after the final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the project records, together with supporting documents and records of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim or audit is started before the expiration of the 5 -year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 5.02 Costs Incurred for Project: The Agency shall charge to the project account all eligible costs of the project except costs agreed to be borne by the Agency or its contractors and subcontractors. Costs in excess of the programmed funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 4 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of federal and state funds are to have audits done annually using the following criteria: The administration of resources awarded by the Department to the Agency may be subject to audits and /or monitoring by the Department, as described in this section. Monitoring: In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, Florida Statutes, as revised (see "Audits" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and /or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate fully with any monitoring procedures /processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department staff to the Agency regarding such audit. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department's Office of Inspector General (OIG), and the Chief Financial Officer (CFO) or Auditor General. Audits Part I - Federally Funded: Recipients of federal funds (i.e., state, local government or non - profit organizations as defined in OMB Circular A -133, as revised) are to have audits done annually using the following criteria: In the event that the recipient expends $500,000 or more in federal awards in its fiscal year, the recipient must have a single or program- specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. Exhibit "1" of this Agreement indicates federal resources awarded through the Department by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions OMB Circular A -133, as revised, will meet the requirements of this part. In connection with the audit requirements addressed in Part I, paragraph 1 the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $500,000 in federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. However, if the recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). 4. Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. Part II - State Funded: Recipients of state funds (i.e., a non -state entity as defined by Section 215.97(2) (1), Florida Statutes) are to have audits done annually using the following criteria: In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $500,000 in any fiscal year of such recipient, the recipient must have a state single or project- specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes, applicable rules of the Executive Office of the Governor and the CFO, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. Exhibit "1" to this Agreement indicates state financial assistance awarded through the Department by this Agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other non -state entities. State financial assistance does STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 5 not include federal direct or pass- through awards and resources received by a non -state entity for federal program matching requirements. In connection with the audit requirements addressed in Part Il, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2) (d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However, if the recipient elects to have audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the state agency awarding it. Part III - Other Audit Requirements: The recipient shall follow up and take corrective action on audit findings. Preparation of a Summary Schedule of Prior Year Audit Findings, including corrective action and current status of the audit findings is required. Current year audit findings require corrective action and status of findings. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the Department of Financial Services, and the Auditor General. This section does not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any other state official. Part IV - Report Submission: Copies of financial reporting packages for audits conducted in accordance with OMB Circular A -133, as revised, and required by Part I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A- 133, as revised, by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 b) The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 c) Other federal agencies and pass- through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. In the event that a copy of the financial reporting package required by Part I of this Agreement and conducted in accordance with OMB Circular A -133, as revised, is not required to be submitted to the Department for reasons pursuant to Section .320 (e)(2), OMB Circular A -133, as revised, the recipient shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's audited Schedule of Expenditures of Federal Awards directly to each of the following: Karen Maxon, Budget & Work Program Coordinator STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 6 Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 In addition, pursuant to Section .320 (f), OMB Circular A -133, as revised, the recipient shall submit a copy of the financial reporting package described in Section .320 (c), OMB Circular A -133, as revised, and any Management Letters issued by the auditor, to the Department at each of the following addresses: Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 Copies of the financial reporting package required by Part II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 b) The Auditor General's Office at the following address: Auditor General's Office Room 401, Pepper Building 111 West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or the Management Letter required by Part III of this Agreement shall be submitted by or on behalf of the recipient directly to: a) The Department at each of the following address(es): Karen Maxon, Budget & Work Program Coordinator Florida Department of Transportation 3400 West Commercial Blvd Fort Lauderdale, FL 33309 Any reports, Management Letters, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted in a timely manner in accordance with OMB Circular A -133, as revised, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A -133, as revised, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the financial reporting package was delivered to the recipient in correspondence accompanying the financial reporting package. Part V - Record Retention: The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of at least 5 years from the date the audit report is issued and shall allow the Department or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall ensure that the independent audit documentation is made available to the Department, or its designee, the state CFO or Auditor General upon request for a period of at least 5 years from the date the audit report is issued, unless extended in writing by the Department. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 7 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of FHWA to inspect all work, workmanship, materials, payrolls, and records and to audit the books, records, and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement (Section 287.058(1) (c), Florida Statutes). 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right - of -way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 C.F.R. Part 24, Appendix B, and be submitted to the Department no later than October 15 of each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof (Section 287.058(1)(a), Florida Statutes). All recipients of funds from this Agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this Agreement, in accordance with Section 112.061, Florida Statutes, and Chapter 3- 7ravel" of the Department's Disbursement Operations Manual, Topic 350 - 030 -400 (Section 287.058(1)(b), Florida Statutes). If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 7.00 Department Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project which, under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained here in paragraph 12.07. 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding in Exhibit "B" for STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 8 the project, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the 120 -day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. (a) If the Department determines that the performance of the Agency is not satisfactory, the Department shall notify the Agency of the deficiency in writing with a requirement that the deficiency be corrected within thirty (30) days of such notice. Such notice shall provide reasonable specificity to the Agency of the deficiency that requires correction. If the deficiency is not corrected within such time period, the Department may either (1) immediately terminate the Agreement as set forth in paragraph 8.(b) below, or (2) take whatever action is deemed appropriate by the Department to correct the deficiency. In the event the Department chooses to take action and not terminate the Agreement, the Agency shall, upon demand, promptly reimburse the Department for any and all costs and expenses incurred by the Department in correcting the deficiency. (b) If the Department terminates the Agreement, the Department shall notify the Agency of such termination in writing, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. (c) If the Agreement is terminated before the project is completed, the Agency shall be paid only for the percentage of the project satisfactorily performed for which costs can be substantiated. Such payment, however, shall not exceed the equivalent percentage of the contract price. All work in progress will become the property of the Department and will be turned over promptly by the Agency. 8.02 Action Subsequent to Notice -of- Termination or Suspension: Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and cost as approved by the Department or upon the basis of terms and conditions imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with the Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency's complying in full with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the consultant selection process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT — Page 9 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: It is the policy of the Department that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. Furthermore, the Agency agrees that: (a) Each financial assistance agreement signed with a US -DOT operating administration (or a primary recipient) must include the following assurance: "The recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 C.F.R. Part 26. The recipient shall take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 C.F.R. Part 26 and as approved by Department, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under 49 C.F.R. Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.)." (b) Each contract signed with a contractor (and each subcontract the prime contractor signs with a subcontractor) must include the following assurance: "The contractor, subrecipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT - assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate." 11.00 Compliance with Conditions and Laws: The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this project. Execution of this Agreement constitutes a certification that the Agency is in compliance with, and will require its contractors and subcontractors to comply with, all requirements imposed by applicable federal, state, and local laws and regulations, including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Covered Transactions," in 49 C.F.R. Part 29, when applicable. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -08/11 Page 10 12.02 Title VI — Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964, the regulations of the U.S. Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R. Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Suspension, Revocation, Denial of Qualification or Determination of Contractor Non - Responsibility: An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied or have further been determined by the Department to be a non - responsible contractor may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 12.07 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer or employee of the Agency or the locality during tenure or for 2 years thereafter has any interest, direct or indirect. If any such present or former member, officer or employee involuntarily acquires or had acquired prior to the beginning of tenure any such interest, and if such interest is immediately disclosed to the Agency, the Agency, with prior approval of the Department, may waive the prohibition contained in this paragraph provided that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for 2 years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this paragraph shall not be applicable to any agreement between the Agency and its fiscal depositories or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.08 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all the applicable environmental regulations, for any liability arising from non - compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -08/11 Page 11 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any individual or entity not a party to this Agreement. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency a written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency a written approval with said remainder of the project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the Department. The Agency will physically include Form FHWA -1273 in all its contracts and subcontracts. 13.08 Right -of -Way Certification: Upon completion of right -of -way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right -of -way is required. 13.09 Agency Certification: The Agency will certify in writing, prior to project closeout that the project was completed in accordance with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the Agency's name, and the project is accepted by the Agency as suitable for the intended purpose. 13.10 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.11 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original and such counterparts together shall constitute one in the same instrument. 13.12 Restrictions on Lobbying: Federal: The Agency agrees that no federally- appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT -08/11 Page 12 If any funds other than federally- appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature, the judicial branch or a state agency. 13.13 Maintenance: The Agency agrees to maintain any project not on the State Highway System constructed under this Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency ® will ❑ will not maintain the improvements made for their useful life. 13.14 Vendors Rights: Vendors (in this document identified as the Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has 30 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and the receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3) (b), Florida Statutes, will be due and payable in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to the Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at 850 - 413 -5516. 13.15 Reimbursement of Federal Funds: The Agency shall comply with all applicable federal guidelines, procedures, and regulations. If at any time a review conducted by Department and or FHWA reveals that the applicable federal guidelines, procedures, and regulations were not followed by the Agency and FHWA requires reimbursement of the funds, the Agency will be responsible for repayment to the Department of all funds awarded under the terms of this Agreement. 13.16 E- VERIFY The Agency: 1. shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by Agency during the term of the contract; and 2. shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT 525- 010 -40 PRODUCTION SUPPORT — 08/11 Page 13 IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY The City of Delray Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: Title: Attest: Title: Attorney By: Attest: Name: GERRY O'REILLY, P.E. Title: Director of Transportation Development Title: Legal Review: Office of the General Counsel See attached Encumbrance Form for date of funding approval by Comptroller. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 14 EXHIBIT "1" SINGLE AUDIT ACT Federal Resources Awarded to the Recipient Pursuant to This Agreement Consist of the Following: Federal Agency: Federal Highway Administration CFDA #: 20.205 Highway Planning and Construction Amount: $ 2,189,840.00 Federal Amount: $5,051,604.00 State Compliance Requirement: Allowable Activities: To be eligible, most projects must be located on public roads that are not functionally classified as local. The major exceptions are the Highway Bridge Replacement and Rehabilitation Program, which provides assistance for bridges on and off the federal -aid highways, highway safety activities, bicycle and pedestrian projects, transportation enhancement activities, the recreational trails program, and planning, research, development, and technology transfer. Proposed projects meeting these and other planning, design, environmental, safety, etc., requirements can be approved on the basis of state and local priorities within the limit of the funds apportioned or allocated to each state. Allowable Costs: Eligible activities and allowable costs will be determined in accordance with Title 23 and Title 49 C.F.R. and the OMB cost principles applicable to the recipient /sub- recipient. Eligibility: By law, the federal -aid highway program is a federally assisted state program that requires each state to have a suitably equipped and organized transportation department. Therefore, most projects are administered by or through State Departments of Transportation (State DOTs). Projects to be funded under the federal -aid highway program are generally selected by state DOTs or Metropolitan Planning Organizations (MPOs), in cooperation with appropriate local officials, as specified in 23 U.S.C. and implementing regulations. Territorial highway projects are funded in the same manner as other federal -aid highway projects, with the territorial transportation agency functioning in a manner similar to a state DOT. Most Federal Land Highway Program (FLHP) projects are administered by the Federal Highway Administration (FHWA) Office of Federal Lands Highway and its Divisions or by the various Florida Land Management Agencies (FLMAs). Under the FLHP, projects in the Indian Reservation Road (IRR) Program are selected by Tribal Governments and are approved by the Bureau of Indian Affairs (BIA) and the FHWA. Due to recent legislation, Tribal Governments meeting certain requirements may now administer various IRR projects on behalf of the BIA and FHWA. The Fish and Wildlife Service (FWS) and the National Park Service (NPS) select projects in the Refuge Road and Park Roads and Parkways Programs, respectively. For the Forest Highway Program, the Forest Service, the States and the FHWA jointly select projects. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to This Agreement Are As Follows: The recipient of Local Agency Program (LAP) funding must comply with the statutory requirements in Sections 112.061, 215.422, 339.12, and 339.135, Florida Statutes, and Title 23 and Title 49, C.F.R. 525- 010 -40 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PROJECT MANAGEMENT OFFICE LOCAL AGENCY PROGRAM AGREEMENT Page ge 15 15 FPN:420412- 1 -58 -01 & 420412- 2 -58 -01 EXHIBIT "A" PROJECT DESCRIPTION AND RESPONSIBILITIES This exhibit forms an integral part of the Agreement between the state of Florida, Department of Transportation and The City of Delray Beach Dated: PROJECT LOCATION: SR5/ US -1 from South of Harborside Drive to Bond Way and Atlantic Ave from Southbound US -1 to Northbound US -1 The project X is on ❑ is not on the National Highway System The project X is on ❑ is not on the State Highway System PROJECT DESCRIPTION: Milling and resurfacing or reconstructing plus landscaping, lighting, and minor drainage improvements. SPECIAL CONSIDERATION BY THE AGENCY: The audit report(s) required in the Agreement shall include a Schedule of Project Assistance that will reflect the Department's contract number, the Financial Project Number (FPN), the Federal Authorization Number (FAN), where applicable, the amount of State funding action (receipt and disbursement of funds), any Federal or local funding action, and the funding action from any other source with respect to the project. The Agency is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right -of -way activities. The Agency shall commence the projects activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) N/A Study to be completed by N/A (Phase 18 and 28 LAP Agreements) b) Design to be completed on or before N/A (Phase 38 LAP Agreements) c) Right -of -Way requirements identified and provided to the Department by . (All LAPS requiring R/W) (District will handle all Right -of -Way activities on LAPS, the date would be set by the necessary timeframe to complete R/W activities) d) Right -of -Way to be Certified prior to advertising for Construction. (All Phase 58 LAPS). e) Construction contract to be let on or before 07/1/2012 (For Phase 58 LAPs) (This date would be prior to the end of the Fiscal Year that the Phase 58 is programmed in FM) f) Construction to be completed on or before 06/30/2014 (Phase 58 LAP Agreements) If this schedule cannot be met, the Agency will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of federal funding. This project is for Construction only with funding in the year 2011 / 2012 in the amount of $7,241,444.00. Upon execution of this agreement by all parties the Department will provide to the Agency ONE EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency should not start any construction prior to the EXECUTED AGREEMENT and a NOTICE TO PROCEED. The Agency will only be reimbursed for costs incurred after the executed agreement date and prior to the agreement or time extension (if required by a request for a time extension from the Agency) date. Any unused funds will be deleted by the Department and the Federal -Aid Office upon completion and final billing. Upon completion of the project the Agency is required to notify the Department of the date of completion and final invoicing. The Department may require an onsite inspection with the Agency. SPECIAL CONSIDERATIONS BY DEPARTMENT: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PROJECT MANAGEMENT OFFICE 08/06 Page 16 EXHIBIT "B" SCHEDULE OF FUNDING AGENCY NAME & BILLING ADDRESS FPN: The City of Delray Beach 420412- 1 -58 -01 & 420412- 2 -58 -01 434 South Swinton Ave Delray Beach, FL 33444 PROJECT DESCRIPTION Name: US 1 / SR -5 and Atlantic Avenue Length:4.833 Miles Termini: South of Harborside Drive to Bond Way and Southbound US -1 to Northbound US -1 TYPE OF WORK By Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006 -2007 2007 -2008 2008 -2009 Total Planning Cost Project Development & Environment (PD &E) 2006 -2007 2007 -2008 2008 -2009 Total PD &E Cost Design 2006 -2007 2007 -2008 2008 -2009 Total Design Cost Right -of -Way 2006 -2007 2007 -2008 2008 -2009 Total Right -of -Way Cost Construction 2011 -2012 DDR 2011 -2012 HPP 2011 -2012 SE 2011 -2012 LF Total Construction Cost $5.051,604.00 $5.051,604.00 $1,439,840.00 $1,439,840.00 $750,000.00 $750,000.00 $882,000.00 $882,00 0.00 $0.00 $882,000.00 $7,241,444.00 $8,123,444.00 Construction Engineering and Inspection (CEI) 2006 -2007 2007 -2008 2008 -2009 Total CEI Cost Total Construction and CEI Costs TOTAL COST OF THE PROJECT $8,123,444.00 $882,000.00 $7,241,444.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10/10 Page 17 EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.13 is expanded by the following: The Department and the Agency agree as follows: 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards." Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and /or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and /or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove all or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10/10 Page 18 EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) b) By either party following 60- calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60 -day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. 8. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: Ellen Daniel, CPM, P.E. Local Program Engineer 3400 West Commercial Blvd Fort Lauderdale, FL 33309 or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: Randal L. Kreicarek, P.E. City Engineer 434 South Swinton Ave Beach. FL 33444 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 19 EXHIBIT "RL" ROADWAY LIGHTING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non - performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 08/06 Page 20 EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non - performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10/10 Page 21 EXHIBIT "T" TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) Paragraph 13.13 is expanded by the following: The parties mutually agree and covenant as follows: 1. When the District Traffic Operations Engineer of the Department has served a request order on the Agency, and the designated officer of the Agency has favorably acknowledged the request order, the Agency shall undertake the responsibilities to maintain and operate existing or new traffic signals and signal systems mentioned in the request order. 2. The proposed functional design and operation of new traffic signals and signal systems shall be reviewed by the Agency in conjunction with the Department prior to installation. Such design and operation will be as energy efficient as possible. 3. The installation of signals or signal systems shall not endanger highway travel and shall be conducted in accordance with Part VI of the Manual on Uniform Traffic Control Devices ( MUTCD), as amended, and with all applicable Department standards, specifications and plans governing traffic control for street and highway construction and maintenance. 4. The Agency shall be responsible for the maintenance and continuous operation of the traffic signals and signal systems (central computer, cameras, message signs, and communications interconnect), school zone traffic control devices, intersection flashing beacons, illuminated street sign names, and the payment of electricity and electrical charges incurred in connection with the operation of such traffic signals and signal systems upon completion of their installation. In the case of construction contracts, the Agency shall be responsible for the payment of electricity and electrical charges incurred in connection with the operation of the traffic signals and signal systems, and shall undertake the maintenance and continuous operation of said traffic signals and signal systems upon final acceptance of the installation by the Department. Repair or replacement and other responsibilities of the installation contractor and the Department, during the burn -in period between conditional and final acceptance, are contained in the most recent Department's Standard Specifications for Road and Bridge Construction. 5. The Agency shall maintain and operate the traffic signals and signal systems in a manner that will ensure safe and efficient movement of highway traffic and that agree with maintenance practices prescribed by the International Municipal Signal Association (IMSA) and operational requirements of the MUTCD, as amended. The Agency's maintenance responsibilities shall include, but not be limited to, preventive maintenance (periodic inspection, service, and routine repairs), and emergency maintenance (troubleshooting in the event of equipment malfunction, failure or damage). The Agency shall record its maintenance activities in a traffic signal maintenance log which shall contain, as a minimum, traffic signal log details recommended by the IMSA. 6. The Agency may remove any component of the installed equipment for repair; however, it shall not make any permanent modifications and /or equipment replacements unless the equipment provided is the same age or newer and is capable of performing the same functions. The Department shall not make any modifications and /or equipment replacements without prior written notice to the Agency. 7. The Agency shall set and maintain the timing and phasing of the traffic signals in accordance with the Department's timing and phasing plans, specifications or special provisions. The Agency may make modifications in phasing of traffic signals and signal systems to accommodate changing needs of traffic provided prior written approval is obtained from the Department. Department approval shall be contingent upon an engineering report prepared by or for the Agency in accordance with Section 1A.09, "Engineering Study and Engineering Judgment ", of the MUTCD recommending such changes and signed and sealed by a qualified Professional Engineer licensed in the State of Florida. The Agency may make changes in the signal timing provided these changes are made under the direction of a qualified Professional Engineer. The Agency shall send a signed and sealed copy of the timings to the Department immediately after installation. The Department reserves the right to examine equipment, timing, and phasing at any time and, after consultation with the Agency, may specify modifications. If the Department specifies modification in timing and /or phasing, implementation of such modifications shall be coordinated with, or made by the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 10/10 Page 22 EXHIBIT "T" (continued) TRAFFIC SIGNAL MAINTENANCE AGREEMENT (TSMA) 8. The Agency shall note in the maintenance log any timing and /or phasing changes and keep a copy of the timings and any approval documentation in a file. 9. The Agency may enter into agreements with other parties pertaining to traffic signals and signal systems including, but not limited to, agreements relating to costs and expenses incurred in connection with the operation of traffic signals and signal systems on the State Highway System provided that such agreements are consistent with the mutual covenants contained in this TSMA. The Agency shall furnish a copy of such agreements to the Department. 10. This TSMA shall remain in force during the life of the originally installed equipment and /or the life of any replacement equipment installed with the mutual consent of the parties hereto until superseded by a Traffic Signal Maintenance and Compensation Agreement between the Department and the Agency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525- 010 -40 LOCAL AGENCY PROGRAM AGREEMENT PRODUCTION SUPPORT 09/10 Page 23 EXHIBIT "X" PROJECT ESTIMATE AND DISBURSEMENT SCHEDULE FPN: 420412- 1 -58 -01 & 420412- 2 -58 -01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation (Department) and The City of Delray Beach Dated SPECIAL CONSIDERATIONS BY AGENCY: The following paragraph replaces Section 4.00 Project Estimate and Disbursement Schedule of the Local Agency Program Agreement executed between the Department and The City of Delray Beach Dated Prior to the execution of this Agreement, a project schedule of funding shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project, and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by execution of a LAP Supplemental Agreement between the Department and the Agency. The Agency acknowledges and agrees that funding for this project or any American Recovery and Reinvestment Act (ARRA) project may be reduced upon determination of the award amount and execution of a LAP Supplemental Agreement. If a LAP Supplemental Agreement is executed, a copy of the LAP Supplemental should be forwarded to the Department's Federal -Aid Management Office. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FEDERAL -AID PROJECT FUNDING REQUEST DATE 525- 010 -30 CONSTRUCTION 08/00 Page 1 of 2 AGENCY City of Delray Beach FEDERAL -AID PROJECT NUMBER 4854 080 P FIN NUMBER 420412- 1 -58 -01 & 420412- 2 -58 -01 STATE JOB NUMBER TIP PAGE NUMBER PROJECT TITLE: Milling and resurfacing or reconstructing portions of US 1 / SR -5 and Atlantic Ave PROJECT TERMINI FROM: South of Harborside Drive to Bond Way and Southbound US -1 to Northbound US -1 WORK PHASE: ❑ PLANNING ❑ ENVIRONMENTAL ❑ DESIGN a CONSTRUCTION ❑ RIGHT OF WAY AWARD TYPE: I X] LOCAL ❑ LOCAL FORCES ENVIRONMENTAL DOCUMENT: Mark the type of environmental document prepared, indicate the approval date, and the most recent reevaluation date. EIS approved on: and reevaluated on: EA /FONSI approved on: Categorical Exclusion: Programmatic Categorical Exclusion determination on: Type I Categorical Exclusion determination on: 11/15/2011 Type II Categorical Exclusion determination on: Categorical Exclusion Reevaluation on: and reevaluated on: PHASE TOTAL ESTIMATED COST nearest Dollar LOCAL AGENCY FUNDS nearest Dollar STATE FUNDING nearest Dollar FEDERAL FUNDS (nearest Dollar) PERCENT FEDERAL FUNDS OBLIGATION DATE Month / Year PLANNING El 3 -13 ■ Enhancement [DCongestion Mitigation Milling and resurfacing or reconstructing, landscaping, lighting, and minor drainage improvements. Roadway Width on US -1: 22 ft Number of Lanes: 4 (one -way pair) Bridge Numbers(s) on Project: None PD &E Number of Lanes: 2 LOCAL AGENCY CONTACT PERSON TITLE: Randal L. Krejcarek, P.E City Engineer DESIGN PHONE: 434 South Swinton Ave 561 - 243 -7322 AGENCY R/W Delray Beach, FL 33444 LOCATION AND DESIGN APPROVAL: BY: CONST. $8,123,444.00 $882,000.00 $5,051,604.00 $2,189,840.00 26.95% TOTAL $8,123,444.00 $882,000.00 $5,051,604.00 $2,189,840.00 26.95% DESCRIPTION OF EXISTING FACILITY (Existing Design and Present Condition) Roadway Width on US -1: 24 ft Number of Lanes 4 (one-way pair) Bridge Number(s) on Project : None Roadway Width on Atlantic: 44 ft Number of Lanes: 2 DESCRIPTION OF PROPOSED WORK El New Construction El 3 -13 ■ Enhancement [DCongestion Mitigation Milling and resurfacing or reconstructing, landscaping, lighting, and minor drainage improvements. Roadway Width on US -1: 22 ft Number of Lanes: 4 (one -way pair) Bridge Numbers(s) on Project: None Roadway Width on Atlantic: 44 ft Number of Lanes: 2 LOCAL AGENCY CONTACT PERSON TITLE: Randal L. Krejcarek, P.E City Engineer MAILING ADDRESS: PHONE: 434 South Swinton Ave 561 - 243 -7322 AGENCY ZIP CODE: Delray Beach, FL 33444 LOCATION AND DESIGN APPROVAL: BY: Approving Authority TITLE: DATE: 525- 010 -30 CONSTRUCTION 08 /00 Page 2 of 2 AGENCY: PROJECT TITLE: DATE: The City of Delray Beach Milling and resurfacing or reconstructing portions of US 1 / SR -5 from South of Harborside Dr to Bond Way and resurfacing Atlantic Ave from Southbound US -1 to Northbound US -1 ENVIRONMENTAL COMMITMENTS AND CONSIDERATIONS: An environmental determination has been completed for this project RIGHT OF WAY AND RELOCATION: No right of way acquisition was needed for this project. THIS PROJECT HAS BEEN REVIEWED BY THE LEGISLATIVE BODY OF THE ADMINISTRATION AGENCY OR AGENCIES, OR IT'S DESIGNEE, AND IS NOT INCONSISTANT WITH THE AGENCY'S COMPREHENSIVE PLAN FOR COMMUNITY DEVELOPMENT. DATE 0 AGENCY: (Mayor / Chairman) �.�■■■. —s __ — _ Nall■ 1NFr� ■uu �i■ a ;in ■t �■ plu ■uo _ MR rlllul�� ■■ ■11■ ■1■ 11 ■_ N 1111, ■uat■ u■ uuu a _loll n III I. 5`11 ■••■ _ ' Ii11 •� u11111� ' ■. ■ . ■ .11 111..■ 11IIII lie IIP 111111 I — _ � rual� . 1. ■ =in : ME= 1 =_ i= i i. I�11 II+ IIII ■ ■la i ■i -i= —_ �_ ___ _■ ■ III! �— __ � 911 i7 ■ ■�1'I117 =111.' � ■� I I ■.I 1 11111 RE ...—Onow,,� ,>, ^ � � �•7■ IY1 or ___ ■ __.— 1 __ = =5 i� FE ---- _— �� —i — -I■. .. i =_ Ala iiil Su ini .. =i in o= �' in 111111111 ti� __ _,a _ =5= _71111111- =in _=__ �'r•Jl 5. = 11111111° ilrl il° � n —III ..II _—__ ■_ __ _- 1111 ■1: ■ = =mmoo11rllum T • ■ — ' -..i s -_ : z J _���III.I.....1.1.1.1. ■ 1 w � ■u ■u �_ _� Illpuu uuuw � I IIIII ■ �_ _, � i s �1 �i MEMORANDUM TO: Mayor and City Commissioners FROM: Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: March 14, 2012 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MARCH 20.2012 TRANSPORTATION ENHANCEMENT PROGRAM GRANT PROPOSAL /PALM BEACH METROPOLITAN PLANNING ORGANIZATION (MPO) ITEM BEFORE COMMISSION Requesting Commission approval /authorization for Mayor to sign the 2012 Transportation Enhancement Grant Application. Funding will be available in FY 2015 -2016. Project No. 12 -074. BACKGROUND Each year the Florida Department of Transportation (FDOT) accepts applications to fund transportation enhancement projects. This year's application is now open and will close on April 5, 2012. Title 23 U.S.C. requires that 10% of the Surface Transportation Program (STP) funds only be available for transportation enhancement activities. These funds are filtered to local governments through FDOT and the Metropolitan Planning Organization. Enhancement projects go beyond what is normally provided in transportation projects or in mitigation requirements associated with transportation projects. These projects or project features must meet the requirements of certain qualifying activities. New pedestrian and bicycle facilities are considered a qualifying activity. The proposed application is for the construction of bicycle lanes and sidewalks on Homewood Blvd from Old Germantown Road to Lowson Blvd. This project is a continuation of bike lanes constructed along Homewood Blvd from Lowson Blvd to W Atlantic Ave in 2009. The attached grant application is still in draft form. The application is due the first week in April and will be in final form prior to obtaining the required signatures. Maximum allowable grant award per project is $750,000.00. There is no local match requirement, but not all costs associated with this project are reimbursable costs. This project includes micro - surfacing the entire roadway at an estimated cost of $133,500. Micro - surfacing will provide a uniform look once the project is completed. Only the micro - surfacing over the area established as bike lanes will reimbursed. Therefore this application is for $701,000 of which $102,000 is not covered by the grant. A funding breakdown is provided on page 6 of the application. RECOMMENDATION Staff Recommends approval. 4t 0 0 0 00 0 General Information: Project Title: Homewood Bike Lanes PH2 Project Sponsor (municipal, county, state, or federal agency, or tribal council): City of Delray Beach Contact Person: Randal L. Krelcarek, PE Title: City Engineer Email: Kre0carek(@MyDeIrayBeach.com Sponsor Address: 100 NW 1St Ave City: Delray Beach FL, Zip: 33444 Priority (relative to other applications submitted by the Project Sponsor): #1 Name of Applicant (If other than Project Sponsor): N/A The applicant ® seeks project- specific LAP Certification ❑ is currently LAP Certified ❑ has never been LAP Certified ❑ has been LAP certified in the last 5 years 1 Qualifying Enhancement Activities: Check the enhancement activity that the proposed project will address. At least one activity must be selected. (NOTE: Checking all activities possible does not ensure or increase eligibility. Each activity checked must meet all criteria listed for that activity in Appendix A of FDOT Procedure #525-030-300-j, Transportation Enhancement Projects). ❑ Provision of facilities for pedestrians and bicycles ❑ The provision of safety and educational activities for pedestrian and bicyclists ❑ Acquisition of scenic easements and scenic or historic sites ❑ Scenic or historic highway programs, (including the provision of tourist and welcome center facilities) ❑ Landscaping and other scenic beautification ❑ Historic preservation ❑ Rehabilitation of historic transportation buildings, structures or facilities (including historic railroad facilities and canals) ❑ Preservation of abandoned railway corridors (including the conversion and use of the corridors for pedestrian or bicycle trails) ❑ Inventory, control and removal of outdoor advertising ❑ Archaeological planning and research ❑ Environmental mitigation to address water pollution due to highway runoff or reduce vehicle caused wildlife mortality while maintaining habitat connectivity ❑ Establishment of transportation museums Page 2 of 7 2 Project Description: (all items are required, applications without this information will not be reviewed) Road Name: Homewood Blvd Road number: Click here to enter text. ® Local Road ❑ State Road Project Begins: Old Germantown Rd Ends: Lowson Blvd Begin Project Mile Post (MP): Click here to enter text. End Project MP: Click here to enter text. ® A location map with an aerial view is attached ( See Attachment 1) (a) Describe how the proposed project is related to the intermodal transportation system by function, proximity or impact. (One or more may apply) The proposed project consists of improvements along Homewood Blvd between Old Germantown Road and Lowson Blvd. Located north and south of Linton Blvd and just west of Congress Ave, this corridor plays a significant role in the intermodal transportation system as Palm Tran Route 70, which connects to Tri -Rail, Delray Medical to the west, Bethesda Memorial Hospital, and adjacent municipalities of Boynton Beach, Lantana, and Lake Worth to the north, has several stops along this section of Homewood Blvd. (See Attachment , Palm Tran Route 70 map.) Homewood Blvd, between Linton Blvd and Lowson Blvd, is classified as a collector road in the Delray Beach Comprehensive Plan; it runs through a primarily single - family residential neighborhood. (b) What is the scope of work for the project and where is the project located (what are the termini)? ❑ A more detailed scope of work is attached. ❑ This is a transit project and a letter of commitment from the FTA designated recipient (transit agency) that will perform the construction is attached. (note: all transit related projects shall be constructed by a FTA designated recipient) ❑ This is not a transit project As indicated above the subject project area consists of a portion of the Homewood Blvd, spanning Old Germantown Road (southern terminus) to Lowson Boulevard (northern terminus). The corridor is approximately .72 miles long with a varying right -of -way width. The fifty foot (50') wide platted right -of -way. The project area is indicated in ATTACHMENT I which provides an aerial map indicating the existing conditions while ATTACHMENT II provides an aerial view to place the proposal within the context of the surrounding area. The proposed project is a continuation of a project, on Homewood Blvd just north of proposed project, completed several years ago. This project will include the addition of bike lanes along both sides of Homewood Blvd from Old Germantown Rd to Lowson Blvd, as well as the addition of missing sidewalks along this corridor. Also, sidewalk extensions will be added at the intersections of Dracaena Court, Carnation Court, Begonia Court and Azalea Court. Page 3 of 7 Currently these intersections do not provide sidewalk for pedestrians desiring to walk north - south, on the east side, along the corridor. (c) Summarize any special characteristics of project. (Typical Section drawings must be provided for all projects. Include right of way lines on the typical section drawings.) ® Typical section is attached as Attachments III & IV The provided section (Attachments III & IV) illustrates the twelve feet (12') in each direction, added five foot (5) wide bike lane, reconstruct swales along both sides of the corridor and maintenance of a five foot (5) wide sidewalk. (d) Describe the project's existing right of way ownerships. This description shall identify when the right of way was acquired and how ownership is documented (i.e. plats, deeds, prescriptions, certified surveys, easements). There is an existing 80 foot, City controlled, right -of -way along this entire corridor. (e) Describe any proposed right of way acquisition, including expected matching fund source, limitations on fund use or availability, and who will acquire and retain ownership of proposed right of way. Obtaining any property interest, i.e., fee title, a perpetual /permanent easement or a temporary construction easement, is considered to be right of way acquisition, even if such acquisition is from a governmental entity or via donation. Additionally, using a license agreement instead of acquiring an appropriate property interest to avoid such acquisition would not be an acceptable alternative. ❑ No Right -of -Way acquisition is proposed (Please type your description here) (f) Describe any related project work phases that are already complete or currently underway. ❑ This is not a phased project ❑ Previous phases of this project were constructed as LAP projects or JPA using FM numbers: The first phase of this bike lane and sidewalk project was constructed in 2009 under FM #418039- 1- 58 -01, Contract # AP806. (g) Provide detailed project cost estimate. Estimate shall be broken down to FDOT typical pay items to allow for verification of eligible project costs. Use the following links to access the basis of estimates manual as well as historical cost information for your area: Basis of Estimates Manual Historical Cost Information ❑ A detailed cost estimate is attached (Cost Estimate.xlsx) (required) (h) Other specific project information that should be considered. (Please type your description here) Page 4 of 7 3 Project Implementation Information: Attach documentation as exhibits to this application. (a) Describe the proposed method of performing (i.e. contract or in- house) and administering (i.e. local or state) each work phase of the project. If it is proposed that the project be administered by a governmental entity other than the Department of Transportation, the agency must be certified to administer Federal Aid projects in accordance with the department's Local Agency Program Manual (topic no. 525 - 010 -300). Web site: www. dot. state. fl. us /proiectmanagementoffice /lap /defauIt.htm ® Design to be conducted by in -house staff ❑ Design to be conducted by FDOT pre - qualified consultant ❑ Design to be conducted by non -FDOT pre - qualified consultant ❑ Right -of -Way acquisition to be conducted by in -house staff ❑ Right -of -Way acquisition to be conducted by FDOT staff ® CEI to be conducted by in -house staff ❑ CEI to be conducted by FDOT pre - qualified consultant ❑ CEI to be conducted by non -FDOT pre - qualified consultant FDOT pre - qualified consultants must be used on all design and CEI work for critical projects (a project is considered critical when it features a structure, has a budget greater than $10 million and /or is on the State Highway System (SHS)) Design consultant and CEI consultant shall not be the same. (b) Describe any public (and private, if applicable) support of the proposed project. (Examples include: written endorsement, formal declaration, resolution, financial donations or other appropriate means). City of Delray Beach, City Commission: On Tuesday, May 03, 2011 City Commission formally adopted the Delray Beach Pedestrian /Bicycle Task Team Final Report. This project is included in this report. On Tuesday, March 20, 2012, the City Commission approved the submittal of the subject grant application, thereby supporting the project. (c) Describe the proposed ownership and maintenance responsibilities for the project when it is completed. The limits of the subject project area are within the public right -of -way which is presently owned and maintained by the City of Delray Beach. Ownership by the City of Delray Beach will continue. Further, the City of Delray Beach is committed to maintaining the project in its entirety following completion. (d) Describe source of matching funds and any restrictions on availability. At this time, there are no matching funds for the proposed improvements. However, the City of Delray Beach is committed to the administration of each work phase of the project from design Page 5 of 7 and permitting to final construction and construction inspection. Specific elements of each work phase will be accomplished by contract and /or City Staff. In addition, City Staff would oversee the development of the design plan and specifications. Further, the local funding match of $102,000 will be proposed in the 2013 CIP for availability in FY 2015 -2016. (e) Other specific implementation information that should be considered. None. Page 6 of 7 4 Cost Estimate: The total amount of Enhancement funds (SE) requested per project must be in excess of $250,000 with a maximum of $750,000. FDOT Enhancement Funds will be used to fund Construction, Construction Engineering and Inspection Activities (CEI) and FDOT In -House Support Activities. Local Funds (LF) will be used for all non - participating items, contingency activities and any costs in excess of the awarded enhancement (SE) allocation. Total Construction Cost Estimate: This is the total project construction cost estimate including all enhancement related items and any additional scope of work being identified. Item Description Cost $ *(A) Total Construction Cost Estimate (') $673,000 *(B) Cost Estimate of Eligible (participating) items (Z) $571,000 Funding Breakdown Fund Source Cost $ *(C) FDOT In -House Design Support (phase 31) (3) SE $5,000 *(D) (Critical projects only) FDOT In -House Design Support (phase 31) (3) SE $2,000 *(E) FDOT In -House Construction Support (phase 61) (3) SE $5,000 *(F) (Critical projects only) FDOT In -House Construction Support (phase 61) (3) SE $2,000 *(G) Enhancement funds requested for Construction (phase 58) SE $571,000 *(H) Local Funds for Construction and Contingency (phase 58) LF $102,000 *(I) Local Funds for Contingency (phase 58) LF $0 *(J) Construction Engineering & Inspection Activities (CEI) (phase 68) (4) SE $0 *(K) Construction Engineering & Inspection Activities (CEI) (phase 68) (4) LF $0 *(L) Transit Related projects FTA 10% administrative fees (5) LF $0 *(M) FDOT Oversight CEI (2% of Construction Cost Estimate) (phase 62) (s) SE $14,000 Funding Summary *(N) Total SE funds $599,000 *(0) Total LF funds $102,000 *(P) Total Funds $701,000 *Letters before the descriptions in the cost estimate above relate to the detailed cost estimate spreadsheet (Cost_Estimate.xlsx) and should match the corresponding figures exactly. Notes: (1) The Total Construction Cost Estimate in this field must be equal to the Total Construction Cost Estimate from the attached detailed project cost estimate. (2) Cost Estimate of Eligible (participating) items must be equal to the Subtotal FHWA Participating from the attached detailed project cost estimate. (3) FDOT In -House Design and Construction Support must be included in SE funds for an amount no less than $5,000, an additional $2,000 is required for critical projects. This is a required item. (4) It is strongly recommended that the applicant allocates a nominal amount for CEI. In the event that the project is programmed without any request for Phase 68 funding, there is no opportunity to allocate CEI funds based on bid savings. (5) Any required Federal Transit Authority (FTA) administrative fees must be included in LF. (6) FDOT Oversight CEI must be included in SE funds and be equal to 2% of the Total Construction Cost Estimate. Page 7 of 7 5 Certification of Project Sponsor I hereby certify that the proposed project herein described is supported by the City of Delray Beach (municipal, county, state or federal agency, or tribal council) and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with the Florida Department of Transportation; (3) comply with the Federal Uniform Relocation Assistance and Acquisition Policies Act for any Right of Way actions required for the project, (4) comply with NEPA process prior to construction, this may involve coordination with the State Historic and Preservation Office (SHPO) prior to construction. (Not at time of application) and (5) support other actions necessary to fully implement the proposed project. I further certify that the estimated costs and /or failure to follow through on the project once programmed in the Florida Department of Transportation's Work program included herein are reasonable. I understand that significant increases in these costs could cause the project to be removed from the Work Program. IN Signature A. Name (please type or print) Homewood Bike Lanes Ph 2 - Old Germantown Rd to Lowson Blvd City Project 12 -074 Preliminary Cost Estimate No. Item Description Qty Unit Unit Cost Total Cost 1 Mobilization 1 LS $25,000.00 $33,000.00 2 Maintenance of Traffic 1 LS $25,000.00 $28,000.00 3 Clearing and Grubbing 1 LS $25,000.00 $25,000.00 4 1" 1/2" Type S -III Asphalt (Bike Lns) 2500 SY $18.00 $45,000.00 5 8" Limerock Base (Bike Lns) 2500 SY $20.00 $50,000.00 6 12" Stabilized Subgrade (Bike Lns) 2500 SY $17.00 $42,500.00 7 Micro - surfacing (Bike Lns) 4200 SY $7.50 $31,500.00 8 Micro - surfacing (non -Bike Ln section) 13600 SY $7.50 $102,000.00 9 5' Concrete Sidewalk 4" Thick 2900 LF $18.00 $52,200.00 10 ADA Ramp 6" think Conc 3600 SF $12.00 $43,200.00 11 Swale Grading and Sodding 8400 SY $6.50 $54,600.00 12 Adustment Valves Box 15 EA $1,000.00 $15,000.00 13 Fire Hydrants Relocate 6 EA $3,000.00 $18,000.00 14 Pavement Marking and Signage 1 LS $20,000.00 $20,000.00 15 Irrigation Allowance 1 LS $15,000.00 $15,000.00 16 Video Allowance 1 LS $2,500.00 $2,500.00 17 Utility Allowance 1 LS $15,000.00 $15,000.00 18 General Allowance 1 LS $15,000.00 $15,000.00 19 As- Builts 1 LS $4,000.00 $4,000.00 20 Indemnification 1 LS $10.00 $10.00 Sub Total $611,510.00 Contingency (10 %) $61,151.00 Total $672,661.00 Use $673,000.00 Homewood Blvd Bike Lanes Lowson Blvd to Old Germantown Rd NI■ ■ ■■ ■■ Linton Blvd 3/14/2012 ■" Lowson Blvd r Delray Beach GIS Project Location MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MARCH 20.2012 AGREEMENT /LEGAL AID SOCIETY OF PALM BEACH COUNTY ITEM BEFORE COMMISSION Request for City Commission approval of the proposed agreement between the City and the Legal Aid Society of Palm Beach County to utilize space and provide services from the Neighborhood Resource Center (NRC). BACKGROUND The Neighborhood Resource Center (NRC) serves to enrich the quality of life and promote a sense of community through the delivery and connection of services that educate, develop leadership skills and promote volunteerism, civic engagement and productive lifestyles. The City, through this Agreement, will partner with Legal Aid to host services at the City's NRC, located at 141 SW 12th Avenue. Under the Agreement, the City will provide access to office space, services of the Staff Assistant that functions as the receptionist, office /communications equipment and basic office supplies to Legal Aid. This Agreement is for 2 years through March 1, 2014. Legal Aid is committed to providing high quality, civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions, and promote self - sufficiency. Legal Aid's work helps our clients deal with many of life's most basic needs: a safe home, enough food to eat, a quality education, and protection against exploitation and discrimination. At the NRC Legal Aid will provide services that will include, but not be limited to, Foreclosure Prevention, Mortgage Rescue Scam Prevention, Tenant Advice and Counseling, Elder Law, Fair Housing Enforcement, Education and Outreach Services on legal topics and Referrals to Legal Aid Society's 17 Advocacy and pro bono Projects. RECOMMENDATION Staff recommends approval of the agreement between the City and Legal Aid Society of Palm Beach County. AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC THIS AGREEMENT entered into this day of , by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, (hereinafter referred to as the City) and LEGAL AID SOCIETY OF PALM BEACH COUNTY, INC. (hereinafter referred to as Legal Aid), provides as follows: WHEREAS, Legal Aid is committed to providing high quality civil legal advice, representation and education to the disadvantaged of Palm Beach County so as to protect their personal safety, enhance their opportunities and living conditions, and promote self-sufficiency. Legal Aid's work helps our clients deal with many of life's most basic needs: a safe home, enough food to eat, a quality education, mid protection against exploitation and discrimination; and WHEREAS, the City agrees to partner with Legal Aid to host services at the Neighborhood Resource Center, located at 141 SW 12th Avenue, Delray Beach, FL 33444; and WHEREAS, the City will provide access to office space, a receptionist, office /communications equipment and basic office supplies to Legal Aid, as determined by the City, WHEREAS, this agreement is in effect for 2 years through March 1, 2014 NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties hereto agree as follows: Recitals: The recitals set forth above are hereby incorporated as if fully set forth herein. Services to be Provided: Legal Aid shall provide at the Delray Beach Neighborhood Resource Center, services that will include, but not be limited to , the following: • Foreclosure Prevention • Mortgage Rescue Scam Prevention • Tenant Advice and Counseling • Elder Law • Fair Housing Enforcement • Education and Outreach Services on legal topics • Referrals to Legal Aid Society's 17 Advocacy and Probono Projects Termination. Either party may terminate this agreement for no cause upon 60 days prior written notice to the other. Governing Laws; Venue. 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, Florida. Indemnification. Legal Aid shall indemnify, defend, and hold harmless the City against any actions, claims, or damages arising out of Legal Aid's negligence in connection with this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this day of ATTEST: City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 2012. CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor City Attorney WITNESSES: Legal Aid Society of Palm Beach County LIM Print Name Print Name STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 2012 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 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MARCH 20.2012 AMENDMENT 001 TO THE FOURTH AGREEMENT/DRI2 /PBC ITEM BEFORE COMMISSION City Commission approval of the Amended Agreement between the City and Palm Beach County for the Disaster Recovery Initiative (DRI2) Housing Rehabilitation Program, providing for the correct maximum amount of available program dollars. BACKGROUND At the January 31, 2008 meeting, the City Commission approved an Agreement between the City and Palm Beach County for $980,000 to complete up to 24 housing rehabilitation projects for income - eligible residents who suffered damages from Hurricane Wilma. There are currently 6 housing rehab projects underway in various stages of the process. The original deadline to expend funds was December 31, 2008, however, the County agreed to extend this deadline through several amendments which also provided for various other revisions. At the December 6, 2011 meeting, the Commission approved a new Agreement with the County for $698,659.29, setting the new deadline to expend remaining funds retroactive from October 28, 2010 through September 16, 2012. This Amendment will revise and correct the previous agreement maximum compensation amount from $698,659.29 to $494,607.03, in Part III, Section I, "Maximum Compensation" and Sections C & D under Exhibit A, "Work Program Narrative ". FUNDING SOURCE Disaster Recovery Initiative 118 - 1960 -554 -49.19 RECOMMENDATION Staff recommends approval of the Amended Agreement between the City and Palm Beach County for the DRI Housing Rehabilitation Program correcting the maximum compensation allowed. AMENDMENT 001 TO THE FOURTH AGREEMENT WITH CITY OF DELRAY BEACH Amendment 001 entered into this day of , 20 , by and between Palm Beach County and City of Delray Beach. WITNESSETH: WHEREAS, Palm Beach County entered into an Agreement (82008 -1482) with the City of Delray Beach on January 31, 2008, as amended by Amendment 001 (R2009 -0208) on February 3, 2009, and by Amendment 002 (R2009 -1972) on November 17, 2009 (collectively hereinafter the "First Agreement"), entered into an Agreement (82010 -1282) with the City of Delray Beach on June 22, 2010 (hereinafter the "Second Agreement ") to continue the activities begun through the First Agreement, entered into an Agreement (R2011 -0049) with the City of Delray Beach on October 28, 2010 (hereinafter the "Third Agreement "), to continue the activities begun through the First and Second Agreements, and entered into an Agreement with the City of Delray Beach on December 20, 2011 (hereinafter the "Fourth Agreement ") to continue the activities begun through the First, Second, and Third Agreements and to make $494,607.03 available in 2005 Disaster Recovery Initiative Program (DRI -2) funds to assist twenty four (24) households in the City of Delray Beach in order to rehabilitate and upgrade single family owner occupied housing units to meet applicable housing and building codes and in order to effectuate repairs of damages caused by Hurricane Wilma, and WHEREAS, both parties wish to modify the Fourth Agreement, and WHEREAS, both parties mutually agree that the Fourth Agreement entered into on December 20, 2011, is hereby amended as follows: A. PART I — SECTION 1(c) - DEFINITIONS: The parties recognize that the County has changed the name of Palm Beach County Housing and Community Development to Palm Beach County Department of Economic Sustainability. Accordingly, the term "HCD" as it appears in the Agreement is hereby deleted and replaced with the term "DES" which shall mean Palm Beach County Department of Economic Sustainability. B. PART III -- SECTION I -- MAXIMUM COMPENSATION: Delete 11$698,659.29 ", and replace it with "$494,607.03 ". C. EXHIBIT "A "— WORK PROGRAM NARRATIVE - SECTION I.C. PROJECT ACCOMPLISHMENTS: Delete Section I.C. and replace it with the following: C. PROJECT ACCOMPLISHMENTS: The project requirements contained in the First and Second Agreement are repeated herein in substantial form. Changes have been made in order to update these requirements for this Agreement. The parties recognize that the following project activities have been accomplished, and where indicated below, the County has paid and/or reimbursed the Municipality for such project activities: (a) The Municipality has accepted applications, processed applicant files, received funding approval from the County for homeowners, expended funds on rehabilitation activities, and received reimbursement from the County in the amount of $416,674.50 for eligible rehabilitation construction costs and related expenses. (b) The Municipality has employed an Inspector in connection with the rehabilitation activities outlined herein, submitted payroll forms and related documents for the work of the Inspector, and received reimbursement from the County in the amount of $68,718.47. Page 1 CITY OF DELRAY BEACH D. EXHIBIT "A" — WORK PROGRAM NARRATIVE - SECTION III.A: Delete Section III.A and replace it with the following: A. Provide funding for the above specified activities during the term of this Agreement, as follows: (a) An amount of $472,444.50: For payment of rehabilitation construction costs and related expenses regarded as eligible under this Agreement (including lead -based paint expenditures such as the cost of inspections and risk assessments, abatement, and clearance testing). (b) An amount up to $5,000: For temporary relocation costs to temporarily relocate the members of the household where rehabilitation is being performed. These costs shall include the cost of accommodations (hotel/motel) incurred while temporarily housing such household members away from the home being rehabilitated. (c) An amount of $17,162.53: For the costs of the Municipality's employee to provide the services of the Inspector to carry out the tasks described in this Agreement. NOW THEREFORE, 1) all items in the previous Agreement in conflict with this Amendment shall be and are hereby changed to conform to this Amendment, and 2) all provisions not in conflict with this aforementioned Amendment are still in effect and shall be performed at the same level as specified in the Agreement. (MUNICIPALITY SEAL BELOW) Approved as to Form and Legal Sufficiency LO- Tammy K. Fields Senior Assistant County Attorney CITY OF DELRAY BEACH Nelson S. McDuffie, Mayor By: Chevelle D. Nubin, City Clerk PALM BEACH COUNTY, FLORIDA, a Political Subdivision of the State of Florida FOR ITS BOARD OF COUNTY COMMISSIONERS By: Shannon LaRocque -Baas, P.E. Assistant County Administrator Approved as to Terms and Conditions Department of Economic Sustainability Page 2 Journey Beard, Director Contract Development & Quality Control MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 14, 2012 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 SPECIAL EVENT REQUEST / OLD SCHOOL BEERFEST ITEM BEFORE COMMISSION City Commission is requested to approve a Special Event Permit request for the Old School Beerfest produced by Old School Square proposed to be held on April 21, 2012 from 4:00 p.m. to 8:00 p.m., on the grounds of Old School Square and Old School Square Park. Commission is also requested to approve staff support for security, Fire inspection, event signage and reserved parking in the Old School Square garage. BACKGROUND Attached are a cover letter, Special Event Permit Application, site plan, budget and economic impact calculator for this event. The event will take the place of "Circle on the Square" and ticket sales are limited to 200 VIP tickets and 1,500 general admission tickets. The event will include craft beer tasting of 50 different types of beer, live music and food vendors. Total estimated overtime costs for the event are $1530, event signage $250, trash boxes $56 and park rental $620 for a total of $2,456. Per Special Event Policies and Procedures, the event producer will be required to pay 35% of our overtime costs and 100% of the trash box costs, signage and park rental for an estimated total of $1,462. RECOMMENDATION Approval and staff support contingent on receipt of a Certificate of Liability Insurance, Alcohol Liability Insurance and Hold Harmless Agreement by April 5, 2012. Barcinski, Robert From: PeggyMurphy <pmurphy @oldschool.org> Sent: Tuesday, March 13, 2012 1:32 PM To: Barcinski, Robert Cc: Beldowicz, Donna Subject: OSS BeerFest :.: Attendance for BeerFest is limited to: 200 VIP; 1500 general admission —1700 total. Hope this helps — Peggy Murphy Director of Center Services Old School Square Cultural Arts Center 51 N. Swinton Avenue Delray Beach, FL 33444 p - 561- 243 -7922 x301 f - 561 - 243 -7018 e - pmurphy@oldschool.org www.oldschool.org rr � February 24, 2012 David T. Harden, City Manager City of Delray Beach 100 NW 1 :t Avenue Delray Beach, FL 33444 Dear Mr. Harden: RECEIVED MAR 02 2011 ADMINISTRATIVE SERVICES On Saturday, April 21, 2012, Old School Square will present "Old School BeerFest ". This craft beer, food truck and entertainment event will be held in the Entertainment Pavilion and Old School Square Park from 4 :00pm -- 8:00pm, and will feature approximately SO craft beers, 10 food trucks and two bands. Admission will be charged, and anticipated attendance will be about 1,500 (with a maximum capped at 2,000). This event will this year replace the annual "Circle on the Square" fundraiser produced by Old School Square. Proceeds from this event will support the 2012 -2013 Free Outdoor Concert series and other community programming opportunities in the Entertainment Pavilion. Because of the nature of the event, the entire event site will be fenced and gated; admission restricted to ages 21 +. As alcoholic beverages will be served, we request a waiver of the alcohol ordinance. Additionally, we request a waiver of the noise ordinance as the bands will provide amplified music. A copy of the AST special permit for this event will be provided, as well as a certificate of liability, to include liquor liability, naming the City of Delray Beach as additional insured. We request reserved parking on the ground floor level for entertainers and beer distributor participants. Staff and volunteers will park in the OSS Parking Garage. Please let me know if you need any additional infoi! nation, or have -my questions. Thank you for your consideration. Best,rggards, Peggy y Director o Center Service :pm cc: Robert A. Barcinski Old School Square, Inc. 51 North Swinton Avenue Delray Beach, Florida 33444 Phone (561) 243 -7922 Fax (561) 243 -7018 www.otdschool.org Supporting the Free Friday Concert Series and other community programs at Old School Square Cultural Arts Center Old School Square, Inc. is a 501 (c)(3) not for - profit corporation Gifts made to Old School Square, the Crest Theatre, or the Cornell Museum are tax deductible, exclusive of benefits received, to the extent permitted by federal low. Tickets: $30 (advance) $40 (gate) $75 (VIP- advance) $85 (VIP -gate) Staff Contacts; Craig Frustaci Managing Director (ext. 312) craigf@oldschool.orQ Melissa Carter Marketing /PR Director (ext. 322) mcarter @oldschool.ors Peggy Murphy Center Services Director (ext. 301) pmurphv @oldscliool.orR i 1 , CULTURAL ARTS CENTER NATIONAL HISTORIC SITE 51 North Swinton Avenue Delray Beach, FL 33444 561- 243 -7922 — T 561 - 243 -7018 — F www.oldschool.or> OLD SCHOOL BEERFES`I' to benefit Entertainment Pavilion Community Programs CRAFT BEERS. LIVE MUSIC. FOOD TRUCKS. BAR When: Saturday, April 21, 2012; 4 -8 pm Where: Old School Square Entertainment Pavilion (under tent) Why: Old School Square's inaugural FREE FRIDAY CONCERT SERIES ran from October through December 2011, with 12 consecutive concerts showcasing a "mix of music for the masses" and featuring some of South Florida's best bands. This highly successful series drew an estimated 20,000 people. It is scheduled to return in October 2012 and run through January 2013 with 16 consecutive concerts. Proceeds from Old School BeerFest will support these outdoor concerts and other community programs. Expected Attendance: 1500 This event will offer an upbeat, casual experience for folks who enjoy craft beers, outdoor concerts and appreciate a more intimate setting. We expect to draw a diverse audience in both age and ethnicity. Our ticket price points are a bit higher than the average beerfest to draw a more sophisticated attendee. Promotion: Press releases, newspaper, promo cards, posters, e- blasts, social media, OSS website, event website Event Components: • CRAFT BEER TASTING -- 50 BEERSI — Craft beers are VERY popular among beer connoisseurs and othersl Our BeerFest will be a step up from lower priced beer events and a departure from the ordinary. • LIVE MUSIC — We have booked crossover country sensation Amber Leigh, who is a local favorite who has hit the big -time in Nashville and The Resolvers, an alternative reggae band with a huge South Florida following. • 15 FOOD TRUCKS -- Thanks to the success of our fall outdoor concert series, we have great relationships with the best food trucks in South Florida offering gourmet street cuisine. ( Food price points $6 -$15.) • BAR — Old School Square will operate a cash bar offering wine for the non - beer drinkers, craft beers, sodas, water, and signature cocktail. • VIP AREA — The VIP area, sponsored by the Delray Beach Marriott, will offer complimentary food and beverage, including craft beer /food pairings; wine, signature cocktail, a Brew Master Presentation; seating; access to indoor facilities and other perks. Limit of 200 people. About Old School Square: Old School Square is an award - winning cultural center and National Historic Site with beautifully restored, early 20th century school buildings housing a museum, theatre, vintage gymnasium and a school of art and photography. By combining historic preservation and the arts, Old School Square was the catalyst for the 1990's renaissance of downtown Delray Beach, now regarded as one of the hottest destinations In the southeastern U.S. As Delray's cultural center, Old School Square is a community gathering place for a diverse schedule of events. The charming Cornell Museum of Art & American Culture (c. 1913) presents rotating local, national and international exhibits of fine art, crafts and pop culture. The intimate, 323 -seat Crest Theatre (c. 1925) presents world -class musical theatre, dance, comedy, Broadway cabaret and lectures. The Entertainment Pavilion (completed in 2002) presents outdoor concerts, community events and hosts all of Delray's major festivals. City of Delray Beach t 1 0 °. 0 CH Special Event lqjn=Q E IV ED a�i.ricac Application MAR 0 2 2012 ' r REVISED 11.2,11 PLEASE TYPE 6WJ?J.'ESERVICES 1993 2001 Event Name/Title: Ode/ S- 0 l 2e- 2i'e'z-1- Event Date(s): Times; _ w ^ Requesting street closure: . yes no (If yes, need time /date for closure and reopening) Event Sponsor /Producer: Qlzl Cc-A W 4]go"e- Event Contact /Coordinator: �/'�Gj �r(/.t �� Ii 4-;& Name: 19e tic r� ev Address; -5.1 co i4 94ow 33el44 Telephone Nuniber:2 '/3 - 79 ZZ Cellular Number: -Sb /- S- 7 3 76 Email Address: nmijrd dd 10 Arras Brief His /. of tory of Event�If appiicabie }; r.S ♦ A N Planned Activities (Outline of activities /number of activities, Le, entertainment, children'.[ /}irides, games, other rograms)• Page 1 of 5 M, i i Page 2 of 5 Number of Individuals Served Previous Year (if applicable): Describe the targeted population and expected attendance: f Describe how the program or project addresses community needs: -Ai ffZ Describe your Marketing/Promotions Program (How will you radio, posters, flyers, web sites, other): Arse "A Sponsor Category (please check) City ❑ Non-Profit/Charitable)/Private a Co- Sponsor -- Non- Profit/Private ❑ (If Non-profit attach proof of 501c(3), c(9), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries o. event / )ovation): i.e, TV, Site plan attached: yes �� no (Site plait required for entire event site. Include locations of tents, stage, portalbts, dumpsters, portable lighting, and barricade location if applicable,) 9 <1 of Old School Square: yes (If yes, attach proof of approval) Rental of Old School Square Park: yes V1 no (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no 1% (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes_V--- no (Required for alt events) UANmdatOpecial Event Request\Special Event Permit Application REVISED FINAL FYI 0.11(3),doo Page 3of5 Previous year Revenue /Expense summary attached: yes tto (Required for all events) �/ ,1 Ails and Economic Impact Calculator attached: yes_ no Obtained on line at www,AmevicansForTheAI1s.org (Required for all events except minor events and SK Runs) Do you have cash sponsors for the event: yes - - no (Indicated on budget) Do you have inkind sponsors for the event: ye no (indicated on budget) Serving or selling alcoholic beverages: yes no If yes, what entity is obtaining the Alcohol License permit? _0,5S (If yes, copy of license and alcohol lialilily Insurance required two (2) weeks pr,loi- to event) Event certificate of insurance attached: es no (Required two (2) weeks prior to event naming the City as additional Insrcred, also required foa, vendors) Playing of amplified music: yes (Wal per requited) Will there be entertahunent: yes _ sio (If yes, attached list of performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes �/� no_ Requesting Police assistance: yes no (traffic control /security ) — at // tie y -/—A "x J eeoo Will supplement with private security: yes no___�� (If yes, need plan attached) Requesting Emergency Medical assistance: yes no Requesting barricade assistance: yes no t/ (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes Ilo__ (If no, how are you handling ?) S- Requesting trash boxes /containers and liners: yes no Xro-4) l�eA -ir"h s�drsarJ questing stage use: yes no ✓ __.�� (Ifyes, check type) Large stage (14' x 361) ❑ Sinall stage (16' x 21') ❑ Half small stage (8' x 21') o UAw datOpecial Event Requcs1\Spcoia[ Event Pennit Application REVISED FINAL FYI 0.1►(3).doo Page 4 of S Requesting signage: yes^ no Type: 4'x4'Event sign ✓ Parking Signs Banner Ranging Indicate dates required (Waivef- required if more than two (2) week prior to event) Requesting City Portable Generator: yes no�� (If yes, size & power) Food and beverage vendors: yes no If yes, approximate number _14'60,4 c s 62tr ids 5 (Health Department approval required) yes no Other vendors: (Indicate type) yes 110__ Tents: ye 110 If yes, Mow many What size or size required 569,' 00e', (If yes, tent petwtits and fim Inspections may he needed) 14 140,t "Ie- c-eere k 10 - I Q1 x i o' C m4f- 6'e.er- cl"'014s Will the event include amusement rides: yes no (1f yes, type and location and copy of liability Insurance regnireel) also requires state license and inspection) Will the event be gated: (Show on-site map) yes V no Will there be a charge for the event: yes ✓ n (If yes, Indicate ticket prices) ge Will there be fireworks or other pyrotechnics: yes 110�� (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes�� no (If yes, contact I%Ire Marshal for inspections) Will you be providing port -a -lets for the event: yes no (If yes, locate on -site map. If no, indicate how you ►pill handle restroon needs) Is reserved parking requested: yes no (If yes, indicate locations and purpose for use) U: mewdatOpecial Event Request'Spec{al Event Permit Application REVISED FINAL FYI 0 -1 l (3).doe Page 5 of 5 Event Pert-nit Attachments; Revenue/Expense Budget Revenue/Expense Recap Last Years Event Site Plan V Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver —A/ ^Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized, Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event Date Please enclose the appropriate non- refi(jndable application fee payable to the City of Delray Beach, 100N,W, lst Avenue, Delray Beach, .Florida 33444, Required with permit application, Tot. Staff Use 01)ly Date Received Application fee received U -.Xw wdata\Speciat Event Reques03pecial Event Permit Application REVISED FINAL FYI 0-1 1(3).doo Elm 14- IL r OTM 21, ow r4AInk Vii( -7 ILL.. I jj/ 1r, awe" iB JA ATLANM AVftE 9" I 0 W-1 OldSchool BeerFest Revenue $ 11000 Ticket Sales $ 500 Sponsorships # of Tickets $ per ticket 1,000 400 @ $30 each 500 $ 30 $ 15,000 500 @ $40 each 800 $ 40 $ 32,000 80 @ $70 each 130 $ 70 $ 9,100 20 @ $80 each 70 $ 80 $ 5,600 Total Ticket Sales $ 61,700 Food Truck 10 @ $100 each $ 1,000 Oss Bar & Chair Rental OSS Bar $ 11000 Chair Rental $ 500 Sponsorships $ 1,000 5 @ $100 each $ 500 fence $ 500 Law Firm $ 1,000 Waste Management Total Revenue $ 66,200 Expenses Amber Leigh $ - no cost Resolvers $ 1,500 tech time $ 1,000 equipment rental $ 1,500 fence $ 1,600 park rental $ 500 security $ 500 papergoods (cups) $ - donated by Stanley Kreps (Dade Paper) bar expense $ 500 includes Bartenders & Ice craft beer expense $ 10,000 marketing $ 2,500 misc $ 1,000 Diamond Brothers $ 4,500 VIP Room $ 500 Tent /Table Rental $ 6,000 Maintenance Staff $ 400 B.Room Attendants $ 200 Total Expenses $ 32,200 Total Net $ 34,000 Untitled Document Page 1 of 1 Information STEP 1: POPULATION .._...._. .................. _....... POPULATION of your community: 50,000 to 99,999 STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL EXPENSES (please do not use commas): $ 32200 STEP 3: TOTAL ATTENDANCE (optional) TOTAL ATTENDANCE to your organization's arts events (again, do not use commas): 1500 calculate reset.. Total Economic Impact Of: Total Household Local State Expenditures FTE Jobs Income Government Government Revenue Revenue Nonprofit Arts an Culture Organizations: $32,200 1 $21,174' $1,098 $1,254 Organizations: onprofit Arts and Culture $33,975 0,9 $13,782 $1,349 $1,582 Audiences: Total Industry Impact: (The Sum of Organizations and Audiences) $66,175 1.9 $34,956 $2,447 $2,836 Print Your Results Please see the tin a print below. Definitions Total Expenditures: The total dollars spent by your nonprofit arts and culture organization and its audiences; event - related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. Bsck to Calculator FTE Jobs: The total number of full -time equivalent (FTE) jobs in your community that are supported by the expenditures made by your arts and culture organization and /or its audiences. An FTE can be one full -time employee, two half -time employees, four employees who work quarter -time, etc. Back to Calculator Household Income: The total dollars paid to community residents as a result of the expenditures made by your arts and culture organization and /or its audiences. Household income includes salaries, wages, and proprietary income. Back to Calculator Government The total dollars received by your local and state governments (e.g„ license fees, taxes) as a Revenue: result of the expenditures made by your arts and culture organization and /or its audiences. Back to Calculator When using estimates derived from this calculator, always keep the following caveats In mind: (1) the results of this analysis are based upon the averages of similarly populated communities, (2) input/output models were customized for each of these similarly populated communities, providing very specific employment, household Income, and government revenue data, and (3) your results are therefore estimates, and should not be used as a substitute for conducting an economic Impact study that is customized for your community. © Copyright 2007 by Americans for the Arts. www.Am a rica nsForTheArts. oro http : / /www,americansfoilhearts.org /information services/ research /services /economic_imp... 2/24/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 SPECIAL EVENT REQUEST /15TH ANNUAL DOWNTOWN DELRAY BEACH CRAFT FESTIVAL ITEM BEFORE COMMISSION City Commission is requested to endorse the 15th Annual Downtown Delray Beach Craft Festival sponsored by Howard Alan Events, Ltd. proposed to be held on May 26 & 27, 2012 from 10:00 a.m. to 5:00 p.m., to grant a temporary use permit per LDR's Section 2.4.6.(F) for the closure and use of NW 3rd Avenue from Atlantic Avenue north to the south entrance of Atlantic Grove town homes and the use of the Tennis Center parking lot, to provide staff support for traffic control and security, barricading and for fire inspection services. BACKGROUND Attached are the event permit application, site plan, budget and economic impact calculator. Staff will modify the site plan to end the 3rd Avenue closure on the south side of the entrance drive into the Atlantic Grove town homes. The event sponsor will be responsible for event management, clean up, night time security, dumpsters, and for providing barricades. City staff will install the barricades if needed. Total estimated City costs for this event are $2,720. Per event policies and procedures, the event sponsor is responsible for the payment of all City costs. The North lot at City Hall will be used for vendor parking. RECOMMENDATION Staff recommends endorsement of the event, granting of the temporary use permit for the street closure on NW 3rd Avenue and Tennis Center Parking lot, providing staff assistance for security and traffic control, barricading, fire inspection services, and allowing the event signs to be installed fourteen (14) days prior to the event with all City costs to be paid by sponsor. City of Delray Beach Special Event Permit Application REVISED 11.2.10 PLEASE TYPE OR PRINT Event Nameiritle: 15th Annual Downtown Delray Beach Craft Festival Event Date(s): May 26th & 27th, 2012 Times: Saturday and Sunday 10AM -5PM Requesting street closure: yes X no (If yes, need time /date for closure and reopening) Event Sponsor /Producer: Downtown Development Authority Event Contact/Coordinator: Howard Alan Events /American Craft Endeavors Name: Helayne Stillings Address: 400 Cypress Drive Suite 1 Tequesta, Fl 33469 Telephone Number: (561) 746 -6615 Cellular Number: (813) 600-7688 E -mail Address: info@arifestival.com Event Description /Purpose: Outdoor craft festival. Annual, cultural, community gathering opportunity. Brief History of Event (If applicable): This is the 15th year this festival has been serving this community. Planned Activities (Outline of activities /number of activities, i.e. entertainment, children's rides, games, other programs): Professional craft festival consisting of artists and crafters selling, exhibiting, and demonstrating their wares. Page 1 of 5 Page 2of5 Number of Individuals Served Previous Year (if applicable): 4000 Describe the targeted population and expected attendance: 40001oc31 residmis arc the targeted population. Describe how the program or project addresses community needs: Providing a free festival with artists ranging in mediums from iewetry to sculptures. Acts as a community, cultural, and civic event. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): We will advertise in newspapers, online presence, local television stations, word of mouth, and flyers. Sponsor Category (please check) City u Non - Profit /Charitable LX Private o Co-Sponsor — Non- Profit/Private o (If Non-profit attach proof of SO] c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): The Deby Beach Tennis Center on Wcst Atlantic Avenue. Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable Iigliting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X no (Required for all events) Page 3 of 5 Previous year Revenue/Expense summary attached: yes X no (Required for all events) Arts and Economic Impact Calculator attached: yes X no Obtained on line at www.AmericansForTheArts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes no X (Indicated on budget) Do you have inkind sponsors for the event: yes X no (Indicated on budget) Serving or selling alcoholic beverages: yes no X If yes, what entity is obtaining the Alcohol License permit? (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming tl :e City as additional insured, also required for vendors) Playing of amplifted music: (River required) yes no X Will there be entertainment: yes no X (If yes, attached list of Performers and /or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes no Requesting Police assistance: yes�T no (traffic control /security) Will supplement with private security: yes no (If yes, need plan attached) Requesting Emergency Medical assistance: X no X Requesting barricade assistance: yes no X (If no, how are you handling ?) Requesting trash removal /clean up assistance: yes no X (If no, how are you handling ?) Requesting trash boxes /containers and liners: yes no X Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') ❑ Small stage (16' x 21') ❑ Half small stage (8' x 21') ❑ Page 4 of 5 Requesting signage: yes X no Type: 4'x4'Event sign X Parking Signs Banner hanging Indicate dates required Requesting City Portable Generator: yes no X (If yes, size & power) Food and beverage vendors: yes X no. If yes, approximate number applying for permit (Health Department approval required) yes applying now no Other vendors: (Indicate type) yes. no X Tents: Flame retardant canopies yes X no If yes, How many 100 What size or size required 10'x10' (If yes, tent permits and fire inspections pray be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show otr -site map) Will there be a charge for the event: (If yes, indicate ticket prices) yes no X yes no X Will there be fireworks or other pyrotechnics: yes no X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes no X (If yes, contact Fire Marshal for inspections) Will you be providing port -a -lets for the event: yes X no (If yes, locate on -site map. If no, indicate hose you will handle restroom needs) Is reserved parking requested: yes no X (If yes, indicate locations and purpose for use) Page 5of5 Event Permit Attachments: X Revenue /Expense Budget X Revenue /Expense Recap Last Years Event X Site Plan X Arts and Economic Impact Calendar Letter Requesting Noise Ordinance Waiver Letter Requesting Waiver Consumption Alcohol Beverages Proof of Non -Profit Status X General Liability Insurance Certificate Alcohol Beverage Liability Certificate Proof of Rental Agreement or Authorization Letter from Private Property Owner x Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 120 days prior to event • Neighborhood Block Party 30 days prior to event Event Contractor /Coordinator Please print: HowardAlan 2/2/12 Date Please enclose the appropriate non - refundable application fee payable to the City of Delray Beach, 100 N.W. 151 Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Ottly i Date Received ��/ �° Application fee received $_ 111 �-' American Craft Endeavors 15th Annual Downtown Delray Beach Craft Festival May 26 & 27, 2012 PROPOSED BUDGET FOR May 2012 Income Number of Crafters 105 Crafter Revenue $22,050 Number of Food Vendors 12 Food Vendor Revenue $900.00 Total Revenue $22,950.00 EXPENSES Advertising : Boca Raton News Expense $1,250.00 Palm Beach Post Expense $1,770.00 South Florida Newspaper Expense $400.00 Sun Sentinel Expense $3,400.00 Advertising SubTotal $6,820.00 Services Permit Palm Beach County Health Expense $25.00 Permit City Of Delray Beach Expense $100.00 Si na a AA Sign Lines Expense $780.00 Sanitation Able Sanitation Expense $657.80 -Sanitation Waste Management Expense $681.17 Sanitation Tents for Events Expense $402.00 Barricades Bob's Barricades Expense $349.00 Security, Fire, Public Works City Of Delray Beach Expense $3,486.00 Rentals Tents for Events Expense $520.00 Graphics for advertising Expense Expense $230.00 Payroll Helayne Stillin s & Staff (,e>,ts 6 Q v6/o --rc Zj b A Lodgings and meals, travel Expense $1,820.00 Expense $3,000.00 Expense $425.00 One Million Dollar liability ins policy Expense $1,700.00 Administrative Overhead telephone, mailin s,etc Expense $860.00 Service SubTotal $15,035.97 Total Expenses $21,85 .97 Show Profit $1,094.03 Al"I'llerican Craft Endeavors 14th Annual Downtown Delray Beach Craft Festival May 28 & 29, 2011 BUDGET FOR May 2011 Income Number of Crafters 105 Crafter Revenue $21,000 Number of Food Vendors 2 Food Vendor Revenue $900.00 Total Revenue $21,900.00 EXPENSES Advertising : Boca Raton News Expense $1,100.00 Palm Beach Post Expense $1,750.00 South Florida Newspaper Expense $375.00 Sun Sentinel Expense $2,800.00 Advertising SubTotal $6,025.00 Services Permit Palm Beach County Health Expense $25.00 Permit Cit Of Delray Beach Expense $100.00 Si na e AA Sign Lines Expense $750.00 Sanitation Able Sanitation Ex pense $632.50 Sanitation Waste Management Expense $654.98 Sanitation Tents for Events Expense $675.00 Barricades Bob's Barricades Expense $342.00 Security, Fire, Public Works City Of Delray Beach Expense $3,351.00 Rentals Tents for Events Expense $500.00 Graphics for advertising Expense Expense $225.00 Payroll Helavne Stillings & Staff bb A, Expense $1,750.00 fr�l�ce�l -rb Lodgings and meals, travel Expense $3,000.00 Expense $326.00 One Million Dollar liability ins policy Expense $1,500.00 Administrative Overhead telephone, mailin s,etc Expense $792.00 Service SubTotal $14,623.48 Total Expenses $20,648.48 Show Profit $1,251.52 02/28/2012 12:18 561- 243 -1079 DELRAY BEACH D.D.A. PAGE 02/02 b.ndtled' ocument i Page I of I information w STEP VPOPULATION POP amN of your community: STEP 2: TOTAL EXPENSES (optional) Your Organization's TOTAL. EXPENSE=S (please do:not use commas):• STI TOTAL ATTENDANOE (optional) i I T to youy organization's arts evertts1(again, do not use a i Total Economic Impact Of: �, F.•j I t 1 4 '•1 � Total Expenditures E I I i FTE Jbbs Nonprofit Arts and Culture $21,85$ 0.7 Organizations: L• Nonprofit Arts and Culture ''i: $45,300! 1.2 ;: f. Audiences: 1 %4 - Total Industry lrhpact - �i 1.9 $f37,1 �6 ; (The S rd of Organizations and Audlencos) $14 $1 'Please see the Deflnitidns Total Exponditures: The total dollars spent by your nonprofit arts and culture organ spending by arts and culture 6udiehces is estimated using the i • event attendeas in simitarty populated communlges. �. hack to Calaalator � ; FTE Jb The total number of full-time gquivAlent (FTC) Jobs in your corn expenditures made by your ails and culture organization and /c employee, two half -time employaes, four employ'eas who work Back tol olcula'Wr Household Income: The total dollars paid to comrriunity residents as-a result of the organization and/or its audiences, gousehold Income includes • `i�� �ck.toLCalottlatet ' Gove . titAnt The ►otAi dollars received by your Ibcal and state' governments Roveri 9 :'' expenditures made by your arks antf culture organization and/( 0 i WheA using asUrnales derived from this calculator, ahvays keep the folloviing caveats in mknd: I i averages of similarly populated communities, (2) tnputlou"i modsls wera customized for eact I providin very specific employment, household Inoome, and gov ar nt revenue data, and (3) ! not be u —as a substi�tuta for conducting an economic lmpact study that is customized for you I t. ?, car Copyright 2007 by Arneticans for the AV � � www,y.AmencansForTiteArtg.or�t iittn://vAvw-american.sforthearts.org/inforinatioh- 50,000 to 99,999 $21856 TWI-M90"11m, Mw X111 tt Local state Government Government Revenue Revenue $746 $851; $1,799: $2,1091 7; $2,545'• $2,960` below. lion and its audiences: event-related 3rage dollars spent per parson by arts iunity that are supported by the its audiences. An FTE can be one full -time !uarter -time, eto, mditures made by your arts and culture ries, wages, and proprietary income. (e.g., Ilcense fees, taxes) as a result of the r Its audiences. k) the resulto of thls anatyelr, are based upon the of Lhasa similarly populated communities, lour results are therefore estimates, and Should community. economic IMP... 2/28/2012 MEMORANDUM TO: Mayor and City Commissioners FROM: Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 15, 2012 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of March 5, 2012 through March 16, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Site Plan Review and Appearance Board Meeting of March 14, 2012 A. Approved with conditions (4 to 0, Shane Ames, Roger DeCapito and Rustem Kupi absent), a request for a color change for Delray Villas By the Sea, located on the east side of South Ocean Boulevard, south of Linton Boulevard (2225 South Ocean Boulevard). B. Approved with conditions (4 to 0), a Class I site plan modification request and architectural elevation plan for the Dion Residence, for the construction of a 177 sq. ft. garage addition to an existing townhouse unit located at the east end of SE 5th Street, adjacent to the ICWW (628 SE 5th Street). C. Approved with conditions (4 to 0), a Class I site plan modification and architectural elevation plan associated with building elevation changes for Burger King, located at the southwest corner of West Atlantic Avenue and Military Trail (5080 West Atlantic Avenue). D. Approved (4 to 0), a Class II site plan modification request for the addition of four (4) parking garage buildings for Lakeside of Delray, residential development, located on the east side of SW 10th Avenue, south of Linton Boulevard (1915 Lavers Circle). E. Approved with conditions (4 to 0), a Class III site plan modification and landscape plan associated with the conversion of use from retail to restaurant for 9 NE 2nd Avenue, located on the east side of NE 2nd Avenue, north of East Atlantic Avenue. Concurrently, the Board recommended that the City Commission approve a waiver request to LDR Section 4.4.13(F)(4)(c)(1) to reduce the required ground floor setback and frontage of 70 % -90% at a maximum setback of 10 feet to 43 %. F. Approved with conditions (4 to 0), a Class III site plan modification, architectural elevation plan and landscape plan associated with the construction of a new building addition, modification to interior uses areas, fagade improvements and parking lot and landscaping modifications for Abbey Delray South, located on the south side of Linton Boulevard, west of the LWDD E -4 Canal. Historic Preservation Board Meeting of March 7, 2012 Approved (3 to 1, Ana Maria Aponte dissenting, Annie Adkins Roof and Iris McDonald absent) a request for a Certificate of Appropriateness for site alterations on a contributing property, located at 22 NE 5th Street. Concurrently, the Board recommended that the City Commission approve the following waivers: i. A waiver to LDR Section 4.5.1(E)(3)(a)l.c to permit a fence measuring 6' in height to within 15' of the front setback, whereas a maximum height of 4' is permitted. ii. A waiver to LDR Section 4.6.14(B), to reduce the sight visibility triangle at the intersection of the driveway with the right of way to 6'x6' on the east side and 10'x8' on the west side, whereasa 10'x10' sight visibility triangle is required. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING --- _CITYLIMITS _ „_,_ „_ N _ APPEALABLE ITEMS ONE MILE _! LOCATION MAP PLANNING AND ZONING MARCH 20, 2012 GRAPHIC SCALE DEPARTMENT SPRAB: A. DELRAY VILLAS BY THE SEA B. DION RESIDENCE C. BURGER KING D. LAKESIDE OF DELRAY E. 9 NE 2ND AVENUE F. ABBEY DELRAY SOUTH HPB: 1. 22 NE 5TH STREET -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DOC \3 -20 -12 MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: March 15, 2012 SUBJECT: AGENDA ITEM 8.L.1 - REGULAR COMMISSION MEETING OF MARCH 20, 2012 PURCHASE AWARD/MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of thirteen (13) replacement vehicles from multiple vendors. Bartow Chevrolet in the amount of $83,366, Bartow Ford in the amount of $53,009, Duval Ford in the amount of $72,657, Alan Jay Ford in the amount of $29,246, and Hub City Ford in the amount of $53,826, with additional awards going to Emergency Vehicle Supply in the amount of $26,507.00 for the installation of police lighting and equipment in two (4) Police Department vehicles, and to Knapheide Equipment in the amount of $18,570.00 for three (3) truck bodies, for a total award amount of $337,181.00. Three of these vehicles are smaller than the vehicle they are replacing, representing an effort to reduce fleet acquisition costs and fuel consumption. BACKGROUND Replacement of thirteen City vehicles based on age and life -to -date maintenance cost. Vendor Type Cost Contract # Bartow Chevrolet (3) 2012 Impala Admin. Pkg. $61,488.00 FSA -Bid #11 -19- 0907 Bartow Chevrolet (1) 2012 2500 Cargo Van $21,878.00 FSA -Bid #11 -19- 0907 Spec. #30 Bartow Ford (1) 2012 F -350 1 Ton 4x2 Pickup $27,551.69 Florida State Contract Code 071- 531 FUNDING SOURCE 501- 3312 -591 -64.20 (Garage Fund/ Machinery Equipment/Vehicle Replacement) RECOMMENDATION Staff recommends the award of the four (4) vehicles to Bartow Chevrolet in the amount of $83,366, two (2) vehicle to Bartow Ford in the amount of $53,009, four (4) vehicles to Duval Ford in the amount of $72,657, one (1) vehicle to Alan Jay Ford in the amount of $29,246, and two (2) vehicles to Hub City Ford in the amount of $53,826, with additional awards going to Emergency Vehicle Supply in the amount of $26,507 for the installation of Police lighting and related equipment in four (4) Police vehicles, and to Knapheide Equipment in the amount of $18,570.00 for three (3) truck bodies, for a total 2012 E -350 15 Pass. Van Line #586, Item #17 Bartow Ford (1) $25,456.57 Florida State Contract Code 071- 310 Line #125, Item #28 Duval Ford (2) 2012 F -150 %2 Ton 4x2 Pickup $32,748.00 FSA -Bid #11 -19- 0907 Spec. #34 2012 F -250 3/4 Ton 4x2 Pickup Duval Ford (1) $18,962.00 FSA -Bid #I 1- 19- 0907 Spec. #36 2012 F -350 1 Ton 4x2 Cab and Chassis Duval Ford (1) $20,947.00 FSA -Bid #11 -19- 0907 Spec. #40 Alan Jay Ford (1) 2012 F -250 3/4 Ton 4x4 Pickup $29,246.00 FSA -Bid #11 -19- 0907 Spec. #37 Hub City Ford (2) 2012 Police Interceptor $53,826.00 Florida State Contract Code 071- ill Line # 12, Item #I Emergency Vehicle Installation of Police Lighting $26,507.00 Selected Preferred 4 and Related Equipment Vendor by DBPD -Supply Knapheide (3) Utility Bodies and Equipment $18,570.00 Quotes: Knapheide - $18,570 Equipment Rayside- $22,245 FSA - $19,920 Total $337,181.00 FUNDING SOURCE 501- 3312 -591 -64.20 (Garage Fund/ Machinery Equipment/Vehicle Replacement) RECOMMENDATION Staff recommends the award of the four (4) vehicles to Bartow Chevrolet in the amount of $83,366, two (2) vehicle to Bartow Ford in the amount of $53,009, four (4) vehicles to Duval Ford in the amount of $72,657, one (1) vehicle to Alan Jay Ford in the amount of $29,246, and two (2) vehicles to Hub City Ford in the amount of $53,826, with additional awards going to Emergency Vehicle Supply in the amount of $26,507 for the installation of Police lighting and related equipment in four (4) Police vehicles, and to Knapheide Equipment in the amount of $18,570.00 for three (3) truck bodies, for a total award amount of $337,181.00. City of Delray Beach Vehicle Replacement Recommendations FY 2011 -2012 Vehicle # New Veh. # Department Assigned Vehicle Make Model Old Vehicle Description Year Mfg. Expected Life Age in Years Current Odometer Original Cost LTD Cost Maint o ai Cost/Pur Cost/LTD New Vehicle Desccription Make Model Repl. Cost Upfitter Cost Total Cost Contract Vendor Comments/Summary 1219 1216 Police Ford Explorer SUV 2002 7 10 129,837 $23,680 $21,578 91% 4 Door Sedan Chevy Impala $20,496 $2,326 $22,822 FSA Bartow Chevy Age, Extreme High Mileage 1511 1217 Police Ford Taurus Mid Size Sedan 2005 7 7 113,705 $13,575 $14,418 106% 4 Door Sedan Chevy Impala $20,496 $2,326 $22,822 FSA Bartow Chevy High Mileage, 106% LTD 1512 1218 Police Ford Taurus Mid Size Sedan 2005 7 7 111,506 $13,575 $14,498 107% 4 Door Sedan Chevy Impala $20,496 $2,326 $22,822 FSA Bartow Chevy High Mileage, 107% LTD 1312 1221 Police Ford CVPI Patrol Car 2003 7 9 134,232 $25,452 $24,630 97% 4 Door Sedan Ford Police Interceptor $26,913 $10,355 $37,268 State Hub City Ford Age, Extreme High Mileage, 97% LTD 1135 1222 Police Ford CVPI Patrol Car 2001 7 11 134,518 $24,615 $22,595 92% 4 Door Sedan Ford Police Interceptor $26,913 $10,355 $37,268 State Hub City Ford Age, Extreme High Mileage, 92% LTD 651 6523 Streets Chevy 3500 Pickup 1 Ton Crew Cab 2000 10 12 95,950 $22,486 $53,409 238% 1 Ton 4x2 Crew Cab Pickup Ford F -350 $27,552 $0 $27,552 State Bartow Ford Age, Mileage, Extreme High 238% LTD 6200 6204 Building Maintenance Ford E -250 Cargo Van 1998 10 14 82,194 $21,863 $30,816 141% 3/4 Ton Cargo Van Chevy 2500 $21,878 $0 $21,878 FSA Bartow Chevy Age, Extreme High 141 % LTD (goes to CSI) 6140 6524 Traffic Dodge Ram 2500 3/4 Ton Pickup 2001 10 11 85,219 $16,927 $46,237 273% 1/2 Ton Pickup Ford F -150 $16,374 $0 $16,374 FSA Duval Ford Age, Mileage, Extreme High 273% LTD 409 4506 ESD Water Distribution Dodge Ram 2500 3/4 Ton Utility 2001 10 11 107,070 $22,676 $39,862 176% 3/4 Ton Utility Ford F -250 $18,962 $7,330 $26,292 FSA Duval Ford Mileage, High 176% LTD 408 4505 ESD Water Distribution Dodge Ram 2500 3/4 Ton Utility 2001 10 11 111,561 $24,035 $29,255 122% 3/4 Ton Utility Ford F -150 $16,374 $4,450 $20,824 FSA Duval Ford Mileage, 122% LTD 779 7776 Parks Maintenance Chevy 2500 3/4 Ton Dump Body 1998 10 14 78,514 $22,121 $53,304 241% 1 Ton Dump Body Ford F -350 $20,947 $6,790 $27,737 FSA Duval Ford Age, Extreme High 241% LTD 724 7401 Parks -Out of School Ford E -350 15 Pass. Van 1999 10 13 61,667 $21,639 $37,200 172%,l Ton 15 Passenger Van Ford E -350 $25,457 $0 $25,457 State Bartow Ford Age, Extreme High 172% LTD 1800 1241 Police Ford F -250 3/4 Ton Pickup 2008 10 3 32,095 $22,9371 $4,637 20%13/4 Ton 4x4 Crewcab Pickup IFord 1F -250 $29,246 $3,471 $32,717 FSA Alan Jay Ford Transfer to Streets (repl. 619) If Approved TOTAL $292,104 Prepared by City of Delray Beach 3/16/2012 Page 1 Customer ID Quotation Payment Terms PO Number EMERGENCY VEHICLE SUPPLY Quote Number: 13487 Net 30 Days Quote Date: Feb 13, 2012 4661 JOHNSON ROAD - SUITE 1 Item COCONUT CREEK, FL 33073 Page: 1 Tel. 954 -428 -5201 * Fax 954- 428 -5202 3.00 EL3H04AOOJ OPEN 678498 Quoted to: DELRAY BEACH PD 4,77210 300 W. ATLANTIC AVE ATTN: KEVIN R. DELRAY BEACH, FL 33444 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension 3.00 EL3H04AOOJ SOUN DOFF ULTRALITE 1,590.70 4,77210 DIRECTIONAL /WARNING BAR- RED /BLUE (FRONT WINDSHIELD) 3.00 PUL3WSS SOUND OFF WINDSHIELD SHROUD 3.00 EP2SWSA -B SOUND OFF SINGLE PREDATOR II KIT W /BRKT (BLUE) REAR DECK 3.00 EP2SWSA -R SOUND OFF SINGLE PREDATOR II KIT W /BRKT (RED) REAR DECK 3.00 35991_5 H2 COVERT REMOTE SIREN (WAIL /YELP /HYPER YELP) SYSTEM WITH EASY -TO- OPERATE HANDHELD CONTROLLER 3.00 C31001M3 CODE 3 1OOW SPEAKER W/ IMPALA BRACKET 3.00 CEVH1=- TH -PALA EVS HEADLIGHT FLASHER IMPALA /TAHOE PLUG 3.00 EL3SNR SOUNDOFF LED3 MINI LIGHT(RED) GRILLE LIGHTS 3.00 EL3SNB SOUND OFF LED3 MINI LIGHT (BLUE) GRILLE LIGHTS 6.00 EL3SN1BRK190 SOUN DOFF LED390DEG. SINGLE GRILLE LIGHT BRACKETS 6.00 ELUC2SO10W UNIVERSAL UNDERCOVER LED INSERT W/ IN -LINE FLASHER & 1OFT WIRE (WHITE) REAR TAI LIGHTS 3.00 ELUC2SO1OR SOUND OFF UNIVERSAL UNDERCOVER LED INSERT W/ Subtotal Continued Sales Tax Continued Total Continued EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954 -428 -5201 * Fax 954 -428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN R. DELRAY BEACH, FL 33444 Quotation Quote Number: 13487 Quote Date: Feb 13, 2012 Page: 2 OPEN 678498 Customer I D Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension IN -LINE FLASHER& IOFTWIRE (RED) FRONT HEADLIGHTS 3.00 ELUC2SO10B SOUND OFF UNIVERSAL UNDERCOVER LED INSERT W/ IN -LINE FLASHER& IOFTWIRE (BLUE) FRONT HEADLIGHTS 3.00 VIPER350HV VIPER 350HV CAR ALARM + 1 EXTRA KEY FOB 3.00 WINDOW—TINT CUSTOM WINDOW TINT (DARKEST LEGAL /NO CUT OUTS/ WITH FRONT STRIP) 3.00 FUSE BLOCK 6 FUSE BLOCK 6 TERM INALW/ GRND (INCLUDED) 3.00 CB30 -100 IP 100 AMP POWER BREAKER (INCLUDED) 3.00 INSTALLATION_ CUSTOM INSTALLATION AT EVS 735.00 21205.00 COCONUT CREEK, FL FACILITY Subtotal 6,977.10 Sales Tax Total 6,977.10 EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954 -428 -5201 * Fax 954 - 428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN DELRAY BEACH, FL 33444 Quotation Quote Number: 13491 Quote Date: Feb 13, 2012 Page: 1 OPEN 678498 Customer I D Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension 1.00 MISCELLANEOUS_ DBPD F350 INSTALLATION & 1,427.90 1,427.90 REMOVAL QUOTE 6.00 ELUC2S010W SOUND OFF UNIVERSAL UNDERCOVER LED INSERT W/ IN -LINE FLASHER & 10FT WIRE (WHITE) 2HL, 2 BL, 2 BU 1.00 CEVHF -CV EVS HEADLIGHT FLASHER W/ PLUG 1.00 POWERTAMER VS COPELAND POWER TAMER VS 1.00 IGNITION ON /OFF HEAVY DUTY SWITCH MOUNTED LEFT OF DASH TRUNK RELEASE 1.00 FUSE BLOCK 6 FUSE BLOCK 6 TERMINALW/ GRND 1.00 CB30 -100 IP 100 AMP POWER BREAKER 1.00 GRAPHICS_ EVS CUSTOM GRAPHICS (DELRAY BEACH PD) 1.00 3105V VIPER 350 PLUS 1 -WAY SECURITY SYSTEM (REPLACES VIPER350HV) 1.00 7142V VIPER 4-BUTTON REMOTE 2/66 CODES 350 PLUS, RESPONDER 350 1W 1.00 WINDOW—TINT CUSTOM WINDOW TINT (DARKEST LEGAL W /REAR DECK CUT OUT) 1.00 INSTALLATION EVS CUSTOM INSTALLATION 1,645.00 1,645.00 1.00 REMOVAL_ EQUIPMENT REMOVAL FROM 400.00 400.00 VEHICLE #1800 Subtotal 3,472.90 Sales Tax Total 3,472.90 Knapheide Truck Equipment — Southeast Contact: Rumell, Kevin Phone: 561- 243 -7332 Fax: 1 -561- 272 -5366 Priority: QUOTATION Quote ID: 800361 Page 1 of 3 Quote Number: 800361 Quote Date: 2/10 /2012 Quote valid until: 3/11/2012 Payment Terms: N30 Salesperson: ERNIE PIZZO Quoted By: epizzo Exp.Out/Del Date: Make: FORD 2900 N.W. 73rd Street Year: 2012 Miami, FL 33147 Cab Type: Phone: 305 -691 -9280 ® Fax: 305 - 693.8267 SINCE-1848 STD BUMPER www.knapheldesoutheast.com Account: 39433 BODY UTILITY COMP. 696J CHASSIS APPLICATION: Single Wheel 56" CA Customer: CITY OF DELRAY BEACH 100 NORTHWEST 1ST AVENUE DELRAY BEACH FL 33444 Contact: Rumell, Kevin Phone: 561- 243 -7332 Fax: 1 -561- 272 -5366 Priority: QUOTATION Quote ID: 800361 Page 1 of 3 Quote Number: 800361 Quote Date: 2/10 /2012 Quote valid until: 3/11/2012 Payment Terms: N30 Salesperson: ERNIE PIZZO Quoted By: epizzo Exp.Out/Del Date: Make: FORD Model: F -250 Year: 2012 Single /Dual: SR�V Cab Type: VIN#: Cab -to- 56.0 Axle: Wheelbase: QTY " DESCRIPTION" UNIT PRICE ; AMOUNT 1 S'T'ANDARD SRW KNAPHEIDE SERVICE BODY. INCLUDES LIGHT KIT AND $4,450.00 $4,450.00 STD BUMPER 1 BODY UTILITY COMP. 696J CHASSIS APPLICATION: Single Wheel 56" CA BODY SHELL: 14 Ga. Galvanneal STEEL FLOOR: 12 Ga. Treadplate w /1 -3/8" return flange UNDERSTRUCTURE: 50000 yield 1 I Ga. high - strength STEEL cross sills (5) and (2) end rails TAILGATE: 14/16 Ga. Galvanneal steel double panel slam latchable tailgate, 12" high, installed. DOORS: Double - shell, 20 Ga. two -sided Galvanneal STEEL with hat - section reinforcement for durability and long life. All stainless STEEL continuous hinges with 1/8" pin provides corrosion protection and pry -proof security. DOOR RETAINERS: Double spring -over center door retainers are standard equipment on all vertical doors. Rubber door bumpers and chain retainers are standard items on all horizontal doors. DOOR SEALS: Automotive continuous hollow neoprene seals installed on all door frames. LIGHT GUARDS: Prepunched interior light guards provide protection for the optional recessed lights and for the wiring harness package. EXTERIOR PRIME: 12 stage prime paint process features, zinc phosphate precoat, complete immersion in electrodeposition gray epoxy primer, an(( oven curing for durable finish. INTERIOR PAINT: Medium gloss light gray electrodeposition epoxy paint reflects light and is oven cured for a mar resistant finish UNDERCOATING: The already primed underbody is completely undercoated with a water -borne material that provides extra corrosion and road debris protection WARRANTY: Exclusive 6 -year guarantee to first Knapheide Truck Equipment — Southeast QUOTATION 2900 N.W. 73`d Street Miami, FL 33147 QUoto ID: 800361 WHE10 Phone, 305-691-9280 Fax: 305-693-8267 Page 2 of 3 SINCE1848 www.knapheidesoutheasi.com QTY: DESCRIPTION UNIT PRICE AMOUNT owner/user covering no rust through on body shell, no failure of the standard continuous hinges, no failure of the latches or lock cylinders, and no bending of the shelves under maximum rated load of 250 pounds. OVERALL LENGTH: - - - - - - - - 97-1/4" OVERALL WIDTH: - - - - - - - - - 78" FLOOR WIDTH:------- - - -49" SIDE COMPARTMENT "EIGHT: - - - - 40" SIDE COMPARTMENT DEPTH: - - - - 14-1/2" FLOOR HEIGHT: - - - - - - - - - 24" STREETSIDE COMPARTMENTATION: IV = 31-1/4" in length x 40" high H = 44-3/4" in length x 18-1/2" high 2V = 21-114" in length x 40" high CURBSIDE COMPARTMENTATION: IV = 31-1/4" in length x 40" high H = 44-3/4" in length x 18-1/2" high 2V = 21-1/4" in length x 40" high STANDARD SHELVING: Includes (2) adjustable divider shelves each front verfical. compartment, (1) bolt-in divider shelf curbside horizontal compartment, (1) adjustable divider shelf each rear vertical compartment, and (28) shelf dividers. I REQUIRED PARTS 1 BUMPER,GALVA-GRIP,78" NO COMPACT, LOOSE 1 LIGHT KIT,FLUSH MOUNT, LOOSE FORD PLUG I HARNESS ADAPTER, LOOSE 1999+ FORD CAB CHASSIS Quote Total- $4,450.001 Discount: $0.00 Sales Tax: $0.00 Total Due; $4,450.00 The foil wing options may be added: QTY IDESCRIPTION f?RfCE EACH AMOUNT I AbD16,61JOTE Customer must fill out the information below before the order can be processed. Accepted by: Date: P.O. number., ♦ Labor and installation is included in all pricing. ♦ Terms are Due Upon Receipt unless prior credit arrangements are made at the time oforder, ♦ Please note if chassis is furnished, it is as a convenience and terms are Net Due on Receipt of Chassis Notes: Standard Knapheide 8FT UB also will have LED lights. Knapheide Truck Equipment — Southeast QUOTATION 2900 N.W. 73`d Street HEIGMiami, FL 33147 Quote ID: 800361 6 Phone: 305 -691 -9280 ® Fax: 305- 693 -8267 Page 3 of 3 SINCE 9848 www.knapheidesoutheasi.com Notes: Standard Knapheide 8FT UB also will have LED lights. Knaphelde Truck Equipment — Southeast 2900 N.W. 73`d Street Miami, FL 33147 Phone: 305 - 691 -9280 Fax: 305 - 693 -8267 SIPJCE1848 www.knapheidesoutheast.com Account: 39433 Customer: CITY OF DELRAY BEACH 100 NORTHWEST 1ST AVENUE DELRAY BEACH FL 33444 Contact: Rumell, Kevin Phone: 561 - 243 -7332 Fax: 1-561-272-5366 Priority: QUOTATION Quote ID: 800365 Page 1 of 3 Quote Number: 800365 Quote Dale: 2/13 /2012 Quote valid until: 3/14/2012 Payment Terms: N30 Salesperson: ERNIE PIZZO Quoted By: epizzo Exp.Out/Del Date: Make: FORD Model: F -250 Year: 2012 Single /Dual: SRW Cab Type: V!N #: Cab -to- 56.0 Axle: Wheelbase: QTY DESCRIPTION UNIT.PRICE . • AMOUNT 1 STANDARD SRW KNAPHEIDE SERVICE BODY. INCLUDES LIGHT I {IT AND $4,450.00 $4,450.00 STD BUMPER 1 BODY UTILITY COMP. 6967 CHASSIS APPLICATION: Single Wheel 56" CA BODY SHELL: 14 Ga. Galvanneal STEEL FLOOR: 12 Ga. Treadplate w /1 -3/8" return flange UNDERSTRUCTURE: 50000 yield 11 Ga. high - strength STEEL cross sills (5) and (2) end rails TAILGATE: 14/16 Ga. Galvanneal steel double panel slam latchable tailgate, 12" high, installed. DOORS: Double - shell, 20 Ga. two -sided Galvanneal STEEL with hat - section reinforcement for durability and long life. All stainless STEEL continuous hinges with 1/8" pin provides corrosion protection and pry -proof security. DOOR RETAINERS: Double spring -over center door retainers are standard equipment on all vertical doors. Rubber door bumpers and chain retainers are standard items on all horizontal doors. DOOR SEALS: Automotive continuous hollow neoprene seals installed on all door frames. LIGHT GUARDS: Prepunched interior light guards provide protection for the optional recessed lights and for the wiring harness package. EXTERIOR PRIME: 12 stage prime paint process features, zinc phosphate precoat, complete immersion in electrodeposition gray epoxy primer, and oven curing for durable finish. INTERIOR PAINT: Medium gloss light gray electrodeposition epoxy paint reflects light and is oven cured for a mar resistant finish UNDERCOATING: The already primed underbody is completely undercoated with a water -borne material that provides extra corrosion and road debris protection WARRANTY: Exclusive 6 -year guarantee to first 1=0WHE10-E SINCE1848 Knapheide Truck Equipment — Southeast 2900 N.W. 73`d Street Miami, FL 33147 Phone: 305 - 691.9280 Fax: 305 -693 -8267 www.knapheldesoutheast.com QUOTATION Quote ID: 800365 Page 2 of 3 QTY DESCRIPTION UNIT PRICE AMOUNT owner /user covering no rust through on body shell, no failure of the standard continuous hinges, no failure of the latches or lock cylinders, and no bending of the shelves under maximum rated load of 250 pounds. OVERALL LENGTH: - - - - - - - - 97 -1/4" OVERALL WIDTH: --------- 78" FLOOR WIDTH: ------- - - -49" SIDE COMPARTMENT HEIGHT: - - - - 40" SIDE COMPARTMENT DEPTH: - - - - 14 -1/2" FLOOR HEIGHT: --------- 24" STREETSIDE COMPARTMENTATION: 1V = 31 -1/4" in length x 40" high H = 44 -3/4" in length x 18 -1 /2" high 2V = 21 -1/4" in length x 40" high CURBSIDE COMPARTMENTATION: IV = 31 -1/4" in length x 40" high H= 44 -3/4" in length x 18 -1/2" high 2V = 21 -1 /4" in length x 40" high STANDARD SHELVING: Includes (2) adjustable divider shelves each front vertical compartment, (I) bolt -in divider shelf curbside horizontal compartment, (1) adjustable divider shelf each rear vertical compartment, and (28) shelf dividers. 1 REQUIRED PARTS 1 BUMPER,GALVA- GRIP,78" NO COMPACT, LOOSE 1 LIGHT KIT,FLUSH MOUNT, LOOSE FORD PLUG 1 HARNESS ADAPTER, LOOSE 1999+ FORD CAB CHASSIS TOMMYGATR SERVICE BODY LIFTGATE 1 TOMMYGATE SERVICE BODY LIFTGATE $2,879.65 $2,879.65 1 G2 SERVICE BODY LIFTGATE,49x38 +4, EXT ALUMINUM 1300LBS BODY OPENING 48" TO 55" MAX BED HEIGHT 40" 1 Install LED Lights in UB $196.00 $196.00 Quote Total: $7,525.65 Discount: $0.00 Sales Tax: $0.00 $7,525.65 Total Due:l The foil Wlng o tlons may be added: QTY DESCRIPTION PRICE EACH AMOUNT ADD,TO QUOTE Knapheide Truck Equipment — Southeast Account: 39433 Customer: CITY OF DELRAY BEACH 100 NORTHWEST 1ST AVENUE DELRAY BEACH FL 33444 Contact: Phone: 561- 243 -7332 Fax: 1-561-272-5366 Priority: QUOTATION Quote ID: 800367 Page 1 of 3 Quote Number: 800367 Quote Date: 2/14 /2012 Quote valid until: 3/1512012 Payment Terms: N30 Salesperson: ERNIE PIZZO Quoted By: epizzo Exp.Out/Del Date: Make: FORD 2900 N.W. 73rd Street RININNI Miami, FL 33147 C JOIQ HG Phone: 305- 691 -9280 Cab -lo- 60.0 Axle: Fax: 305- 693 -8267 sINCE1848 www.knapheidesoutheast.com Account: 39433 Customer: CITY OF DELRAY BEACH 100 NORTHWEST 1ST AVENUE DELRAY BEACH FL 33444 Contact: Phone: 561- 243 -7332 Fax: 1-561-272-5366 Priority: QUOTATION Quote ID: 800367 Page 1 of 3 Quote Number: 800367 Quote Date: 2/14 /2012 Quote valid until: 3/1512012 Payment Terms: N30 Salesperson: ERNIE PIZZO Quoted By: epizzo Exp.Out/Del Date: Make: FORD Model: F -350 Year: 2012 Single /Dual: DRW Cab Type: REGULAR VIN #: Cab -lo- 60.0 Axle: Wheelbase: QTY DESCRIPTION UNIT PRICE AMOUNT 1 9' DUMP BODY WITH ELECTRIC HOIST, 16" FIXED SIDES, CAB $6,295.00 $6,295.00 PROTECTOR, FCC BUMPER AND MUDF LAPS. PAINTED BLACK. 1 BRACKET ANTI -SAIL CHROME 1 PLATE MINT W /90 BEND (PAIR) 1 PLATE BOLTING (SPLASH GUARD)PR 1 PAINT, FINISH BLACK 9 -11' DUMP BODY 1 PAINT, FINISH BLACK CAB PROTECTOR 1 BUMPER,ICC, 34" W FRAME, LOOSE 1 3.2 YD DUMP BODY 60 CA, FORD /GM/DODGE WITH FIXED SIDES BULKHEAD HEIGHT 22 LENGTH 108 WIDTH 87 SIDE HEIGHT 16 GENERAL • Light Duty, Contractor's Dump Body, for use on single axle, one -ton trucks. • Available in both fixed or drop side construction. • Sloped Run Boards. • Floor is 7 ga HRCQ. • Bulkhead is 10 ga., tail gate is double paneled 10 and 12ga, and sides are double paneled made of 12 ga., all High Tensile Steel. • Long sills are 7" trapezoidal style and accept scissors type hoist. • Pockets on top of sides for extension (cheater) boards. • Double acting 10 ga. tailgate with spreader chains and quick release top pins. Knaphelde Truck Equipment — Southeast 2800 N.W. 73 Id Street Miami, FL 33147 Phone: 305.691 -9280 Fax: 305 - 693.8267 www.knapheidesoutheast.com QUOTATION Quote ID: 800367 Page 2 of 3 QTY DESCRIPTION UNIT PRICE AMOUNT • Tailgate release is positive locking with dump handle at left front corner of body. • Standard, LED clearance, marker and RID lights provided to meet FMVSS 108. • 100 % fully solid welded construction. • Body and sides are E -Coat primed. Body is fully undercoated. - HEADBOARD • One piece 10 ga. high tensile, 2 bend top rail, 2 -114" wide with 1 -1/2" return flange. • Fully boxed corner posts and full width reinforcement rib for added rigidity. • Integrated Cab Protector mounting pockets. FLOOR • Two piece 7ga. high tensile, full scam welded. • Sloped floor to side interface to reduce material adhesion on sides. SIDES • Sides are slam -style with center mounted release handle and heavy duty rotary latches. (Drop sides only) • Reinforced with a 4 -1/2 "x 9 -112" formed rear corner post from top of tailgate to bottom of crossmember. • Pockets provided front and rear for 2x6 extension (cheater) boards. • Drop sides are removable for easy service and replacement. (No cutting required.) TAILGATE AND HARDWARE • Formed two piece construction: seamless outter 12ga. Panel and single piece 10 ga. inner wall. • Top hinge member is 1 -1/4" diameter quick - release mechanism for dropping gate from top. • Lower latch hardware is overhead hook type latch with 1 -1/8" inch diameter pin, 3/4" thick latch. • 5/16" inch spreader chain supplied with length sufficient to support tailgate in horizontal position. TAILGATE RELEASE SYSTEM • Mechanical, positive locking operating handle at left front by driver's door. • 3/4" diameter cross shafts (front and rear) and 1/2" diameter operating rod running longitudinally down street side. • Safety restraining ring provided at the handle. • Multiple grease points throughout system. (Grease zerks provided.) UNDERSTRUCTURE • Crossmember -less construction • Long sills are 7" trapezoidal style, full length of body, with internal anti - corrosion coating. i • Rear member is 7" deep, of 10 ga. construction, full width of body 1 CAB PROTECTOR, QUARTER 17.5 "H, PRIME, STRAIGHT 3 -4 YRD, FORD/DODGE/GM 1 HOIST ELEC/DA 9' DUMP BODY, CAPACITY: 8.7 TONS Y.x Knapheide Truck Equipment — Southeast 2900 N.W. 73`d Street Miami, Fl_ 33147 Phone: 305-691-9280 Fax: 305- 693 -8267 www.knapheidesoutheast.com QUOTATION Quote ID: 800367 Page 3 of 3 QTY DESCRIPTION UNIT PRICE AMOUNT 2 KNAPHEIDE LOGO 1 PLATFORM HITCH $495.00 $495.00 1 BUMPER HITCH ANGLED BACK 1 RECEIVER TUBE BOLT ON 1 7 'NAY RV BRACKET 1 7 WAY RV SOCKET METAL Quote Total: $6,790.00 $0.00 Discount: Sales Tax: $0.00 Total Due: $6,790.00 ['he foil wing options may be added: QTY . DESCRIPTION PRICE.EACH AMOUNT ADpTO QUOTE Customer must fill out the information below before the order can be rocessed Accepted by: Date: P.O. number: e Labor and installation is included in all pricing. e Terms are Due Upon Receipt unless prior credit arrangements are made at the time of order. e Please note if chassis is furnished, it is as a convenience and terms are Net Due on Receipt of Chassis Notes: Dump Body will have LED Lights. EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954 - 428 -5201 * Fax 954 - 428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN DELRAY BEACH, FL 33444 Quotation Quote Number: 13490 Quote Date: Feb 13, 2012 Page: 1 OPEN 678498 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension 1.00 DF47A2 CODE3 47" DEFENDER LIGHTBAR 8,709.55 8,709.55 RED (DRIVER) / BLUE (PASSENGER) WITH LED TD'S & ALLEY LIGHTS 1.00 FDCV92 CODE 3 HOOK KIT 2012 FORD INTERCEPTOR 1.00 ETSA38OR SOUND OFF 380 SERIES REMOTE j SIREN 1.00 C3100CV2 100W SPEAKER W/ FORD INT i k BRACKET 1.00 WM455CV TRI CORE WINGMAN REAR DECK FOR FORD INT 1.00 689000 FSC RUMBLER, LOW FREQUENCY AMPLIFIER, TIMER, SPEAKERSAND BRACKETS 1.00 EVS- 31108 -1 EVS CUSTOM SWING BRACKET FOR 38OR REMOTE 6.00 ELUC2S010W SOUND OFF UNIVERSAL j UNDERCOVER LED INSERT W/ IN -LINE FLASHER & 10FT WIRE (WHITE) 2HL, 2 BL, 2 BU 1.00 CEVHF -CV EVS HEADLIGHT FLASHER WANT I PLUG l 2.00 EP2DSSDB(J) SOUND OFF PREDATOR II, RED /BLUE SIDE BY SIDE SURFACE MOUNT W/ BLACK BEZEL (GRILLE LIGHTS) j 1.00 EP2DSSDB(E) SOUND OFF PREDATOR II, BLUE /WHITE SIDE BY SIDE (((� 4 Subtotal Continued Sales Tax Continued Total i Continued EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954 -428 -5201 ` Fax 954 -428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN DELRAY BEACH, FL 33444 Quotation Quote Number: 13490 Quote Date: Feb 13, 2012 Page: 2 OPEN 678498 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension SURFACE MOUNT W/ BLACK BEZEL (DRIVER SIDE W /WHITE UP) 1.00 EP2DSSDB(D) SOUND OFF PREDATOR II, RED /WHITE SIDE BY SIDE SURFACE MOUNT W/ BLACK BEZEL (PASS. SIDE W /WHITE UP) 1.00 POWER TAMER VS COPELAND POWER TAMER VS 1.00 IGNITION ON /OFF HEAVY DUTY SWITCH MOUNTED LEFT OF DASH TRUNK RELEASE 1.00 FUSE BLOCK 6 FUSE BLOCK 6 TERM INAL W/ GRND 1.00 CB30 -100 I 100 AMP POWER BREAKER 1.40 ECVDMLTACV RED /CLEAR LED DOME LIGHT 1.00 14.0553 3- OUTLET CIGARETTE PLUG 1.00 FLMNT -29 D& R 29" FLOOR PLATE FOR FORD INTERCEPTOR 1.00 LGFCV -03 -08 D &R FORD INTERCEPTOR LEG KIT 1.00 LT5200 D &R ELECTRONICS LAPTOP MOUNT 1.00 DS -PAN -111 HAVIS DOCKING STATION FOR PANASONIC TOUGHBOOK 30/31 1.00 LPS -104 HAVIS DOCKING PS FOR CF -31 1.00 425 -6039 ARM REST WITH STORAGE COMPARTMENTW /LOCK (INSERT PADDING) 2.00 DCH_ DUSKY SINGLE BLACK CUP HOLDER 1.00 MISCELLANEOUS_ PAPER CLIP HOLDER & Subtotal Continued Sales Tax Continued Total Continued EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUTCREEK, FL 33073 Tel. 954 - 428 -5201 * Fax 954 - 428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN DELRAY BEACH, FL 33444 Quotation Quote Number: 13490 Quote Date: Feb 13, 2012 Page: 3 OPEN 678498 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension LITERATURE RACK (63002RT) 1.00 M250 CN6000 E -SEEK DL MAGSTRIPE /2D BAR CODE READER 1.00 MISCELLANEOUS_ USB CABLE 15FT WITH RIGHT ANGLE PLUG FOR PRINTER 1.00 CUSTOM_ CUSTOM METAL PLATE TO MOUNT E -SEEK & PORTAGRIP 2000 TOGETHER 1.00 CUSTOM_ CUSTOM METAL EXTENSION FOR MICROPHONE 1.00 475 -0213 ABS DOOR PANELS FOR FORD CROWN INT (PAIR) 1.00 CS2191 AEDEC PRO - STRAINT REAR PRISONER SEAT (FORD INTERCEPTOR) 1.00 GRAPHICS_ EVS CUSTOM GRAPHICS (DELRAY BEACH PD) 1.00 3105V VIPER 350 PLUS 1- WAYSECURITY SYSTEM (REPLACES VIPER350HV) 1.00 7142V VIPER 4-BUTTON REMOTE 2/66 CODES 350 PLUS, RESPONDER 350 1W 1.00 RLN4884B MOTOROLATRAVELCHARGER 1.00 WINDOW—TINT CUSTOM WINDOW TINT (DARKEST LEGAL W /REAR DECK CUT OUT) Subtotal Continued Sales Tax Continued Total Continued / EVE EMERGENCY VEHICLE SUPPLY 4661 JOHNSON ROAD - SUITE 1 COCONUT CREEK, FL 33073 Tel. 954 - 428 -5201 * Fax 954 -428 -5202 Quoted to: DELRAY BEACH PD 300 W. ATLANTIC AVE ATTN: KEVIN DELRAY BEACH, FL 33444 Quotation Quote Number: 13490 Quote Date: Feb 13, 2012 Page: 4 OPEN 678498 Customer ID Good Thru Payment Terms PO Number DELRAY BEACH PD 6/30/12 Net 30 Days OPEN 678498 Quantity Item Description Unit Price Extension 1.00 MISCELLANEOUS_ CUSTOM METAL EXTENSION FOR MICROPHONE 1.00 8060 PELICAN 8060 LED FLASH LIGHT 1.00 10SL SETINA10S LEXAN CAGE WITH SLIDING WINDOW 1.00 LEP SETINA LOWER EXTENSION PANEL 1.00 5038 GO RHINO PUSH BUMPER FORD CROWN INTERCEPTOR 1.00 SC- 934 -5 -A SANTA CRUZ UNIVERSAL GUN RACK /LOCK 1.00 INSTALLATION_ EVS CUSTOM INSTALLATION 1,645.00 1,645.00 (INCLUDES NEW DOCKING STATION AND GUN LOCK) Subtotal 10,354.55 Sales Tax Total 10,354.55 MEMORANDUM TO: Mayor and City Commissioners FROM: Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 15, 2012 SUBJECT: AGENDA ITEM 9.A. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 APPEAL OF SITE PLAN REVIEW AND APPEARANCE BOARD ACTION: DELRAY INN, INC. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of an appeal of the Site Plan Review and Appearance Board's ( SPRAB) denial of a Class III site plan modification, and landscape plan for Delray Inn, Inc. located at 297 N.E. 6th Avenue. The Board approved the related architectural elevations. BACKGROUND On February 22, 2012, the Site Plan Review and Appearance Board ( SPRAB) denied the Class III site plan modification and landscape plan. On March 2, 2012, SPRAB's action was appealed by the applicant's attorney, Jeffrey Lynne. The basis of the appeal is that the SPRAB Board denial of the site plan and landscape plan was based upon the proposed use as a Non - Residential Licensed Service Provider as opposed to the failure to meet the technical requirements of the LDR's. The relief being sought is to uphold the appeal and approve the Class III site plan modification and Landscape Plan. The appeal is being processed pursuant to LDR Section 2.4.7(E) Appeals. REVIEW BY OTHERS At its meeting of March 2, 2012, the Site Plan Review and Appearance Board ( SPRAB) denied the Class III site plan modification on a 4 to 2 vote (first vote was 3 to 3) and a 6 to 0 vote on the Landscape Plan. The Board followed the established quasi - judicial procedures in considering the project. Members of the public spoke in opposition citing concerns over lack of security, the need for additional screening and concerns over compatibility of the use. Board members also discussed concerns over safety of both residents of the facility and surrounding neighbors as well as compatibility of the use with adjacent residential uses. City staff and the applicant offered testimony, which supported the development proposal. After deliberationSPRAB denied the Class III site plan modification and the associated landscape plan while approving the architectural elevations. RECOMMENDATION City Commission discretion. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ON THE APPEAL OF THE SPRAB 2/22/12 DENIAL OF A CLASS III SITE PLAN AND LANDSCAPE PLAN ASSOCIATED WITH DELRAY INN, INC. 1. This is an appeal of the February 22, 2012 decision by the Site Plan Review and Appearance Board ( "SPRAB ") denying Class III Site Plan and Landscape Plan associated with Delray Inn, Inc. which came before the City Commission at its meeting on March 20, 2012. 2. The Appellants, Appellee and City staff presented documentary evidence and testimony to the City Commission pertaining to the appeal of the denial of a Class III Site Plan and Landscape Plan associated with Delray Inn, Inc. Required findings are made in accordance with Subsections I, II, and III. I. LDR REQUIREMENTS FOR CLASS III SITE PLAN APPROVAL: A. Pursuant to LDR Section 2.4.5(G)(5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. Has this requirement been met? Yes No II. COMPREHENSIVE PLAN: A. Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. Has this requirement been met? Yes No III. LANDSCAPE REQUIREMENTS: Pursuant to LDR Section 4.6.16, "Landscape Regulations ", a landscape plan shall improve the appearance of setback and yard areas in conjunction with the development of commercial, industrial, and residential properties, including off - street vehicular parking and open -lot sales and service areas in the City and protect and preserve the appearance, character and value of the surrounding neighborhoods and thereby promote the general welfare by providing minimum standards for the installation and maintenance of landscaping. Are the requirements of LDR Section 4.6.16 met? Yes No 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original site plan was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the appeal, subject to the following conditions set forth in Exhibit "A" and The City Commission hereby adopts this Order this 20th day of March, 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 2 Nelson S. McDuff ie, Mayor EXHIBIT "A" SITE PLAN CONDITIONS 1. That three (3) copies of the revised plans are submitted addressing all conditions of approval and technical items contained in the staff report; 2. That the 2' r -o -w dedication along the east alley shall be executed by right -of -way deed between the City of Delray Beach and the land owner, and must be recorded at the Palm Beach County Clerk's office prior to site plan certification; 3. That all parking lots and parking spaces, shall be improved with a paved surface meeting Engineering Department standards; 4. That the applicant will be responsible for the improvement of the alley along its property line; 5. All equipment along the east side of the storage building (including the facilities mounted on the building) shall be relocated; 6. The storage building shall be improved to be architecturally consistent with the balance of the site (standing seam roof, color scheme, and faux windows) at a minimum; 7. Paver block sidewalks shall be provided around the perimeter of the building as noted on the architectural rendering. In addition paver block connections should be provided to the sidewalk along NE 6t" Avenue (southern connection at a minimum); 8. Note removal of existing curb cuts along NE 6t" Avenue and replacement with curbing; 9. That adequate back -up paving width be provided for parking along NE 3rd Street; 10. That the wall height on the front be increased to a height of five and one -half feet (5'/2 ft.) above the finished floor line; 11. That the dumpster be relocated or repositioned in such a manner that is agreeable with staff. NOTE: These are the conditions according to the transcription made by Rebecca Truxell, Secretary to the Site Plan Review and Appearance Board, but have not yet been approved in written form within the Minutes for that meeting. EXHIBIT "B" LANDSCAPE PLAN CONDITIONS 1. That three (3) copies of the revised landscape plan are submitted addressing all technical items contained in the staff report. SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: February 22, 2012 ITEM: Delray Detox Center - Class III Site plan modification, landscape plan, and architectural elevations associated with the conversion of a commercial establishment (9- bedroom motel) to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. This is a facility that will accommodate patients seeking detoxification services from addiction to substances. Outpatient counseling will also be provided. GENERAL DATA: Owner/Applicant ............. Agent............................. Location .......................... Property Size .................. Future Land Use Map._... Current Zoning ............... Adjacent Zoning.... North: East: South: West: Existing Land Use.......... Proposed Land Use........ Delray Inn Inc. Weiner & Lynne, P.A. 297 NE 6th Avenue (SE Corner of NE 3`d Street & NE 6th Avenue) 0.364 Acres CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) RM (Multiple Family Residential) CBD (Central Business District) CBD (Central Business District) Nine Bedroom motel Seven Bedroom Non- Residential Licensed Service Provider treating patients seeking detoxification services from addiction to substances. Water Service ................. Existing on site. Sewer Service ................ Existing on site. ITEM .BEFORE TH E BOARD = " The item before the Board is the approval of the following aspects of a Class III site plan request for the Delray Detox Center facility pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Site Plan • Landscape Plan • Architectural Elevations BAC KG ROIJ iV 0 The subject property is a 0.364 acre site zoned Central Business District (CBD). The property contains a one -story commercial building (motel) originally built in 1953. The motel contains 9 bedrooms within a 3,927 sq. ft. main building and a 655 sq. ft. separate storage building for a total of 4,582 sq. ft. The following are the most recent land use actions that have occurred with respect to the property. On May 10, 2001, a Class I site plan modification was administratively approved for the construction of 6' high fence on the south side of the property. At its meeting of July 19, 2004, the City of Delray Beach Board of Adjustment granted variances from Sections 4.6,9 (E) (1) and 4.6.9 (D) (2) of the City's Land Development Regulations to relocate back -out parking which exists along northbound Federal Highway to NE 3`d Street. At its meeting of October 13, 2004, the Site Plan Appearance Board (SPRAB) approved a Class 11 Site plan modification and landscape plan associated with: a) the removal and relocation of the seven (7) existing back -out parking spaces along the west side of the property (NE 6th Avenue) and replacement with landscaping; b) the construction of seven (7) back -out parking spaces along the north side of the property (NE T' Street); c) the construction of seven (7) back -out parking spaces along the east side of the property (rear east alley r -o -w); and d) the construction of a roll -out dumpster enclosure (8' by 4.5' wide) with 4' wide gates at the southeast corner of the parking area along the alley. None of these SPRAB approved improvements were ever built. On August 25, 2010 a letter was issued by the City granting reasonable accommodation to allow relief from LDR Section 4.4.13(D)(1) and LDR Section 4.3.3(D)(6)(a) that required minimum distances between facilities and a conditional use process. The reasonable accommodation request was granted in association with a pending 18 bed Non - Residential Treatment Facility. On January 23, 2012 a zoning verification letter was issued confirming that the reasonable accommodation dated August 25, 2010 remains valid, but only applies to Delray Inn, Inc. and is not transferable. A Class III site plan modification and landscape plan for the Delray Detox Center has been submitted to convert the 4,582 sq. ft. commercial establishment (9- bedroom motel) to a Non - Residential Licensed Service Provider, which is a facility to accommodate persons seeking detoxification services from addiction to substances. Lengths of stay will vary depending on patient's needs. Outpatient counseling will also be provided. The request is now before the Board for consideration. PROJECT DESCRIPTION The development proposal incorporates the following: ■ Conversion of existing commercial establishment (9- bedroom motel) measuring 4,582 sq. ft. to an 18 -bed Non - Residential Licensed Service Provider for persons seeking residential detoxification services from addiction to substances; Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 2 • Removal and relocation of the seven (7) existing back -out parking spaces along the west side of the property (NE 6th Avenue) and replacing them with landscaping; • Installation of 4' high privacy wail with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building; • Installation of a new sloped standing seam metal roof; • Installation of new windows, shutters, and French doors to emphasize a residential appearance on the building; • Installation of a new aluminum gate and fence along the building and adjacent to the storage shed; • Installation of a new roll -out dumpster enclosure (10' by 12' wide) with smooth stucco finish and louvered metal gates located at the southeast corner of the parking area along the alley; and • Installation of associated landscaping. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.4.13 (F1— Central Business District Design Guidelines: The proposed development does not meet the requirements of the LDR Section 4.4.13(F)(4)(c), for a height from finished grade to 25' with regard to building frontage and front setbacks (as required by the CBD Design Guidelines) along NE 6th Avenue and NE 3rd Street. However, the existing development is considered an existing non - conforming structure with regard to compliance with CBD design guidelines. It is noted that the proposed conversion of use does not include changes to the foot print of the building. The current non - conformity of the property will not be increased, and thus, compliance with the CBD Design Guidelines is not required for the proposed conversion of use. It is noted with the addition of the new roof the building height increases making it more compliant with CBD requirements. Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of 10% non - vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intra - Coastal Waterway, there shall be no minimum open space requirement. The proposed development is not located within the boundaries of the original Downtown Development Authority as described in Section 8.2.2(B), and thus, a minimum of 10% non - vehicular open space shall be provided. The development has provided 36% open space which includes substantial landscape material along the west side of the property along NE 6th Avenue. The proposal exceeds the minimum landscape percentage requirement. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 3 Off- Street Parkin Pursuant to LDR Section 4.6.9(C)(1)(d), Uses Not Listed, any use, or use category, which is not specifically listed within the LDR shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure. Non - Residential Licensed Service Provider falls into the category of uses not listed within the parking requirements of the LDR. However, staff has applied a parking requirement of one space for each four beds which is required of similar uses like Residential Licensed Service Providers and nursing homes. The proposed use will requires a total 5 parking spaces (4 bedrooms x 2 beds per bedroom) + (2 bedrooms x 3 beds per bedroom) + (1 bedroom x 4 beds) = 18 beds /4 spaces = 5 parking spaces). The Non - Residential Licensed Service Provider will require a total of five (5) spaces. The existing back out spaces on NE 61h Avenue will be replaced with landscaping, but a total of 14 spaces are shown on the plan. Thus, this LDR requirement has been met. LDR Article 4.6 - Supplemental District Reaulations: Handicaa Accessible Parkin Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces required. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide a total of 14 parking spaces, thereby requiring 1 ADA compliant space. The parking space will be located to the north of the structure and adjacent to NE 3rd Street. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property adjacent to the alley. The dumpster enclosure is fully screened, with louvered metal gates, smooth stucco finish, and stucco banding. A detail of the dumpster enclosure has been provided, and thus, this LDR requirement has been met. Visibilitv at Intersections: Sight visibility triangles are required at the intersections formed by the back -out parking areas with the alley and with N.E. 3rd Street, and the intersection of NE 6th Avenue and NE 3rd Street. The required sight visibility triangles have been depicted on the site plan and the landscape plan, and thus this LDR requirement has been met. Lighting: The photometric plan submitted is in compliance with the maximum 4.0 FC (Foot Candle) and the minimum 0.3 FC illumination level required for residential areas. Thus, this LDR requirement has been met. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 4 Right -of -Way Dedication: Alley: Pursuant to LDR Section 5.3.1(D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and to ensure adequate access, circulation and parking in high intensity use areas. The existing east alley right -of -way width is 16'. The development proposal will provide parking off the alley. The City Engineer and DSMG (Design Service Management Group) have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with other redevelopment proposals located in the CBD District. Therefore, a dedication of two feet (2') r -o -w dedication along the alley from the subject property is required and it has been depicted on the site plan and engineering plans and shall be executed via right -of -way deed between the property owner and the City of Delray. The deed agreement shall be recorded with Palm Beach County prior to site plan certification. Thus, this is attached as a condition of approval. Improvement Obligations: Pursuant to LDR Section 6.1.2 (A)(2), when a street or alley is located on a boundary of the project, the project is responsible for providing the improvements along its property line. The applicant will be responsible for the improvement of the alley along its property line. Thus, this is attached as a condition of approval. Pursuant to LDR Section 4.6.6(D)(8)(a), all parking lots and parking spaces, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. The parking area adjacent to the rear east alley and NE 3rd Street needs to be paved. Thus, this is attached as a condition of approval. Civil Engineering Technical Items: The City Engineer has no preliminary technical items regarding the proposal. Any final engineering comments must be addressed with building permit submittal. ' `' LANDSCAtyE ,PLAN ANALYSIS ' A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping of the parking areas. A variety of plants and groundcover materials are employed to enhance the development. The proposed landscape plan generally complies with LDR Section 4.6.16. However, there are several technical items that need to be addressed. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. All parking rows are required to terminate with a landscape island that is 5' minimum in width (exclusive of curbing) and has 75 square feet of planting area. All islands are required to contain at least one (1) canopy tree that is 12' in height. A required landscape island is missing from the N.E. corner of this property. Show on plans. 2. All landscape islands must be curbed with type D curbing or better. The island at the NW corner is missing curbing. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class I II Site Plan and Landscape Page 5 3. The addition of flowering understory trees will add beauty to the front of building facing NE 6th Avenue. Incorporate flowering accents such as Desert Cassia, Hibiscus standards and Jatropha standards. 4. An irrigation plan will be required during the building permitting phase. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(B) (14) - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The applicant has indicated that the proposal does not include changes in the foot print of the building. Minor architectural elevations changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building. The architectural renderings note paver brick sidewalks around the perimeter of the building. In addition, paver block connections are noted to the existing sidewalk along NE 6th Avenue, and as a minimum the southernmost connection should be provided. The plans do not note this detail and should be modified accordingly. This is a condition of approval. Also, installation of a new sloped standing seam metal roof, new windows, shutters, and French doors are proposed on the main building to emphasize a residential character and appearance on the building as required by LDR Section 4.3.3 (D)(4). These types of architectural changes (new standing seam metal roof, faux windows and color) should also be incorporated in the existing storage building at the southeast corner of the site. This is also attached as a condition of approval. These minor architectural elevation changes will make the building blend in with the neighborhood while making the proposed building harmonious with the surrounding residential uses. The proposed building will be architecturally compatible in style, building material, and color with the existing and adjacent residential and commercial uses in the area. There are no concerns noted with respect to the proposed building elevations as they are consistent with Section 4.6.18 (B)(14) of the Land Development Regulations. Based upon the above, the proposed architectural elevations changes will be a positive contribution to the surrounding area. Therefore, positive findings can be made with respect to LDR Section 4.6.18(6) (14). REQUIRED Pursuant to LDR Section 2.4.5(G) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G) (5). Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 6 LDR Section 2.4.5(G) (5): Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves the conversion of a commercial establishment (9- bedroom motel) to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. This is a facility to accommodate patients seeking detoxification services from addiction to substances. Lengths of stay will vary depending on patients need. Outpatient counseling will also be provided. Pursuant to LDR Section 2.4.5(G) (5), this minor modification would not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. The applicant has indicated that the Delray Detox Center will accommodate patients seeking detoxification services from addiction to substances with a length of stay that will vary depending on the patient's need. However, Non - Residential Licensed Service Providers are allowed only within the Medical Arts Overlay District. Non - Residential Licensed Service Provider uses are currently not permitted in the Central Business District. However the use was allowed in the CBD prior to February 28, 2011 and adoption of Ordinance 09 -11 which relegated these types of institutional uses to the Medical Arts District near Military Trail and Linton Boulevard. A reasonable accommodation request to allow this use was granted on August 25, 2010 prior to adoption of Ordinance 09 -11. It is noted that the reasonable accommodation request applies to Delray Inn, Inc. and is non - transferable. The related Class III site plan modification request was submitted on June 4, 2011 and is now before the Board for final action. LDR Section 3.1.1(B) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(C) - Consistency: Compliance with performance standards set forth in Chapter 3 shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Positive findings of consistency for the proposed project can be made as it relates to the objectives and policies of the adopted Comprehensive Plan. These findings are discussed below. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 7 Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policy and objective are noted. Future Land Use Element Objective A -9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property consists of 9- bedroom motel. The proposed development will result in the conversion of a 9- bedroom motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. The applicant has indicated that the proposal does not include changes in the foot print of the building. Minor architectural elevations changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building. Also, installation of a new sloped standing seam metal roof, new windows, shutters, and French doors are proposed to emphasize a residential character and appearance on the building as required by LDR Section 4.3.3 (D)(4). Additional architectural changes are recommended for the existing storage building and are attached as a condition of approval. These minor architectural elevation changes will make the buildings blend into the neighborhood while making the proposed building harmonious with the surrounding residential uses. The proposed building will be architecturally compatible in style, building material, and color with the existing and adjacent residential and commercial uses in the area. Therefore, it can be concluded that the proposed Delray Detox Center will be architecturally harmonious to adjacent land uses and fulfills remaining land use needs. While it is noted that the use (institutional uses) and intensity have been determined to be more appropriate (i.e., complimentary) to uses in the vicinity of the newly created Medical Arts District, the use was previously allowed and considered compatible in the CBD. Therefore, positive findings can be made with regard to Future Land Use Element Objective A -1. LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class II I Site Plan and Landscape Page 8 With respect to the uses, compatibility is a concern. However, as the use is allowed to be established via the reasonable accommodation request, compatibility concerns should be minimized by requiring significant aesthetic improvements to the property. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the inclusion of renovated structures. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties. RE1/IEW �Y QT4 Community Redevelopment Area (CRA): At its meeting of February 9, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Downtown Development Authority (DDA): At its meeting of February 13, 2011, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended denial of the site plan for the Delray Detox Center project. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: ■ Neighborhood Advisory Council • Delray Citizens' Coalition ■ Palm Trail HOA Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The proposed development will result in the conversion of a 9- bedroom transient motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. The proposal does not include changes to the foot print of the building. Internal design renovations and minor architectural elevation changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the buildings. The project also includes installation of a new sloped standing seam metal roof, new windows, shutters, and French doors to emphasize a residential character and appearance on the buildings. While the proposed use is currently not allowed in the CBD, it was submitted prior to adoption of the ordinance that no longer allows such uses in the CBD. Zoning: Use: North Central Business District CBD Low rise motel built in 1951 South Central Business District (CBD) A restaurant & apartment unit built in 1950 East Multiple Family Residential (RM) A 10 -unit multiple family residential bu ing built in 1948 West Central Business District (CBD) NF 6" Avenue r -o -w and a multiple tenant retail building built in 1958 With respect to the uses, compatibility is a concern. However, as the use is allowed to be established via the reasonable accommodation request, compatibility concerns should be minimized by requiring significant aesthetic improvements to the property. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the inclusion of renovated structures. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties. RE1/IEW �Y QT4 Community Redevelopment Area (CRA): At its meeting of February 9, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Downtown Development Authority (DDA): At its meeting of February 13, 2011, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended denial of the site plan for the Delray Detox Center project. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: ■ Neighborhood Advisory Council • Delray Citizens' Coalition ■ Palm Trail HOA Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. The proposed development will result in the conversion of a 9- bedroom transient motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. The proposal does not include changes to the foot print of the building. Internal design renovations and minor architectural elevation changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the buildings. The project also includes installation of a new sloped standing seam metal roof, new windows, shutters, and French doors to emphasize a residential character and appearance on the buildings. While the proposed use is currently not allowed in the CBD, it was submitted prior to adoption of the ordinance that no longer allows such uses in the CBD. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 9 Given these factors, positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(G) (5), provided the conditions of approval are addressed. ALTER. NATIVE. ACTION$ A. Continue with direction. B. Move approval of the Class III site plan, landscape plan, and architectural elevations for the Delray Detox Center, 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 Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Class III site plan, landscape plan, and architectural elevations for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(6)(14), and Chapter 3 of the Land Development Regulations. By Separate Motions: Class 111 Site Plan: Move approval of the Class III site plan for the Delray Detox Center, 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 Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That three (3) copies of the revised plans are submitted addressing all conditions of approval and technical items contained in the staff report; 2. That the 2' r -o -w dedication along the east alley shall be executed by right -of -way deed between the City of Delray Beach and the land owner, and must be recorded at the Palm Beach County Clerk's office prior to site plan certification; 3. That all parking lots and parking spaces, shall be improved with a paved surface meeting Engineering Department standards; 4. That the applicant will be responsible for the improvement of the alley along its property line; 5. All equipment along the east side of the storage building (including the facilities mounted on the building) shall be relocated; 6. The storage building shall be improved to be architecturally consistent with the balance of the site (standing seam roof, color scheme and faux windows) at a minimum; 7. Paver block sidewalks shall be provided around the perimeter of the building as noted on the architectural rendering. In addition paver block connections should be provided to the sidewalk along NE 6th Avenue (southern connection at a minimum); 8. Note removal of existing curb cuts along NE 6th Avenue and replacement with curbing. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class II I Site Plan and Landscape Page 10 Landscape Plan: Move approval of the landscape plan for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations. 1. That three (3) copies of the revised landscape plan are submitted addressing all technical items contained in the staff report; Architectural Elevations: Move approval of the architectural elevations for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(6)(14) of the Land Development Regulation subject to similar improvements being applied to the storage building located adjacent the alley. Staff Report Prepared by: Estelio Breto, Senior Planner. Attachments: Appendix `A" Site Plan; Landscape Plan and Architectural Elevations. ,..., APPENDIX CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 12" water main located along NE P Street r -o -w. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the east alley right -of -way. Adequate fire suppression will be provided via an existing fire hydrant located at the northeast corner of NE 6t Avenue and NE 3`d Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above- described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been submitted by the applicant and it indicates that the proposed conversion from motel to detox facility is estimated to result in a net decrease of -38 Average Daily Trips per day with a decrease of 4 AM peak hour trips and -2 PM peak hour trips per day. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The existing motel use generates 10.76 tons of solid waste per year (4,582 x 4.7 = 21,535 / 2,000 = 10.76). The proposed detox facility will generate 13.51 tons of solid waste per year (4,582 x 5.9 = 27,033 / 2,000 = 13.5) which equates to a net increase of 2.75 tons of solid waste per year (13.51 - 10.76 = 2.75). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: There are no modifications to the footprint of the building. Site improvements include additional paving of parking areas and installation of exfiltration trenches and swale areas to accommodate site drainage. Thus, there should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements since the property has been in operation for more than 20 years. Schools: The project contains no residential component. Therefore, school concurrency is not applicable GENERAL NOTES 'RIORTO TIE BLBMIBOIOIl Of AM BIbB IHF COMMCTOflflMLLB- 111PROJECT GRE ANDYEPIfY TIE .AFCMECIB RMEN610M.EE1AllB,ANA ILUTMIY IME AOANO TD TM PROJECf.If PM ORNWEPANCIEB, COMVCfIIl01Ni0FMAT10N, ERAOPB 00. DI.IIB610f5AFE PRE9EM,TFE OONiR\CmP OMoTHE AALNREC} Y.NOIHE OWl,EP IMMEPATPAV,AM O:CpEPPN4Y. OR CONNCT fAT ORW OHF tD THE ATPEMION OF i}EAPCMJECTAIO IRPPoORTO i1E i1Mi8A BLeMIB010NBMLLBE COPFECTEBBYTHE ODMMCEORAT NO ACUIIOMLEOBi TONECMER RBAWINOB CONFORM IO BULRfA TW IE W CDOA M OUMLOCITNOO R =..E. W ALLY•'OE6 NECEB6AIN TOMTIE PROOf I EW4T'B s .COM.PU. ANH:HF nOIMT£MATPM I GL EPU MPA•OI,- DALEAPVMIE R MWOBEi D 9ET%FlCMEfrtFAfU II rB DUREMFMe Ot co0E6 AB OEMMLLY pfPI01FAnl TIESE puvANOB RNE� IONS '00," "'NE FFF 0MVAAb09NALLTANE PKFCEDENCE MEP 9NNM OF IHE OMYNtlB .TEOIMEh5101A01NIXGl£OONRE AAF ML0.UTEOOY COUPUtEgn1A ROUfDEDTO TtE NMHTIFEN THE LOCATION DF ➢ARRTION6TOtHE CFBKEM of NUVONBMN tWRHFIN811EB BMLLTAREP— iiiNGE OvERYRiRIENRAEMAN�YBEt'Io.'E0 MEE W&GGTORM1IIDnLL84RCONIM(:ftFe qNp ALLVEUDOB6 EvMtANBMRIE£OI S WEOWR77 AAACOMOPMTOAMAINALL IREMEM6 SET fOMH M THE 8U18ON OYYlER OR MWIEIpAU11' REUINETOIMIAlFJBD£ WOKI( RI6TNMtBMLLBE VNApTOTI564UVBPMPOMBLY IMEABEDINTNECOIFOIN' OCLMEMe.NOADPTMMLWO NFJPLBEERE4V 0 OVf THE PIAOR WRITTEN AIPRTVALOF 11E OVMERAt1] ARCHRELT. AMA[ DR16) RLVNRR00.YEYAIN ]UTPPORWPoIIENAPPPCVPLEMLLBE E801b FAP6HBEO OF CO rORANR 1HO1NITfE 0L9PE Oi vl0fdl GOPAM AMBONlpTBE iuly RANM11£D OHTIfi MMMOT 00 WNEMBIMARCMEttPItlIADBECOMACIEO ',E.. ry1ECOMM4TOR6MLLOBTAiNALLP £HMRB.AlA BEt1fVE gLLCF.MPIGTES OF IpOPEClIONAlAOCCUPAfILYTKTAPEMOUAEDLRTIE 9BIIM JLg16dCTI0N TIE OWNEROJNLLRECEIVEA COZY 02 TIE PERtIf UPBNI661ATME. RIEmMMGTDROMW BLBMITA (ETAII.ED CONBtYADNO,lsc1ER11E, COOgRNM1Iittl ALL 8U8COIItMCfOPB,etPPUFRB nIAVElAORG. TIMW COMMCTOR9MUNOfALLOIVOlI ME PROJE Cr, AMIAAiFRIgtBC01ETARRAOABPEeTOB, PETP.OIEIMOAPfP.ALLGIPEPWOGINJ MU6T fi BETRE Oi TNEABWE bEOCWeEDHAYERUIG. TM COMMttORBMLL8E RE8➢ ONSIPLEF OAOBTAINIU0 TIRO R0TWBNIttlnLLP.LPMM MAYAU00 iOALL61ALOMMGNP6nlAVEAOOP6 DIME PIMl10NOF tHE PROJECT. THE4AMMCtOR BN \U.MAIMAIN ON 6RERBA ...,, A' bGT10tEA AL11 TE61 OFTNEBIOIEDAW FD PEIBAIR BOCLM6M0, INC LIARiO ALLTIE UtEBTREVI810t5 .nOLFNOW,6HOPDMYAN00, AIlD3LPnfMEMALItiOFMTi0NA8 MAYBE AP60 FOAPAOPEA BNficIJ110NOf BIEPFOJECf. ,DILLE9,V9w IN1OCOLLPEOfBUCNRFMO PK IOPIo9p BLBUJRALPUEOHEIAB, AIR)WCOMOMTf lxE IN9FAUANOHINRSTIEEONfi1NLTON TNfi OOMMO( ORBMLLBCHEDKFAt ,'PCOORdMTEAl1W0A(1VI1H 6LBSOMMSTORB, BLVPLIFFB,VFIDORBA W BPER'1LCl EOMMCIDtti. 1NE COMMMOR OMUMMMAIH BUPEMIBAN BN 61FE WNENEVB —MIS BRJJA.PEPFORME0. 'OMI•1OAB""'T" CQ"RAO OWCO LVOW W �M BE OONSEMA NEATWVNPMA OMMF PROFLLE96bN1LA MIERANOINBMLLIN 1FMtAEANIN,,_UCA UEOOE6,R6DUATOW A)tlBUEO. IHE JUe Bile BMLLpEJIAIN iAEE IpOM 1NBBNHAN0460PIB. RSPD6ALOT ALLMNBJPIATONOEBN6 6MLLLOMORN TOBULRNb MTIOM 6M1CH CONTRACTORBMLt PPDTECT1Hfi IYDPN Of OTTEROOMMCTORS.AM CONILCT6AlE TOOF RBOIVEDBENBEENT !£ ' ENOMLLHE NOTIFIED OF WW-FW' E06MLL8EA4PUCE0 BY 1NE EOMIIACTOR GU8INOTIEMI.NOEPEAACIA6�TAWlIR tHE W.MR BMLL ERPEDRETNE F MIRY 0Tl0)A LMOTME ITEMS tOINOUR6 p¢INEBy fAfi001MIN]TOIM CWNIRUCRON INE DLLf. TH6 CBMRACMRVOLLPR0VIL8MAINE ALL ALLEOUWAFM,FNYUtdSAAPVANCER iIAPRxNO /, EICNlE66SPFwiCAILY AEOTO,ROAPEC NBIbEPCDA MPf Oi HE EBMeNCTDOCLNEtRb. WTMIJN['TflUDTIONB ANJ BPECKIG \iWHIiBMLLBE B1111CILY WON00EtNEIOWNEP WITHµ EOUPHEMANONR:MEGE RNOMBIPURCRO MAl�, IAUBAN)W PM eIE Px+ERTIE LOfMUCtOR LPON CDIJ ➢LETIDN 01 TIE WORMINE CONfMttOI BWLL IWVIC'E TIE ARCIATECf WAIIA BETO -6 GULP AIAFIIEDPUW.tHF vAICM1t CO1KMCt0AEAe BULT OMVANM6H UE ItALVCE0.T}ESE RIM1WIN066MLLOE1MIliMATE0T0 ilE WgOFR IHE W MMCTOR BMLLIYARMM 0.T000\PniKEE All W DRK FOUPMElR, FlMUIE6, pOCRB,xeIDONO. MFPYARE,ETOTOAA JO DF CfrR YEAp FROMT/E DITEOF COMPIENONA6 EVI[EKE Or THFCFAYIfI iE Of OCCLPAJAY UNIEIBPTI eMABERE0URE4 INE cBMMCTOR BMLLBE PFBPON9TE YOR COMFCTINOAM WORNTIUT IB NO i BYCON11MIAME YgMIiF EONIMOTDOCLMEMB. ;OMAACTOkBMILALBO OE 1✓FSPOIJeIB1E fOFHR COPRECIIONOF IA. VNFIWAH. POP MtEAIA1s'/AMNiNFWAFMPM IER00. •ONiPACTOP0MLLIAT BE REBPON9IBLE iORIfE CCNPEClIOHOF WDRk1MT TIN BFFNABIAEDORAFOIEC TEBBYlHEOAMERORN6 MIFBEMMECOM . tt0A 6 %ALLCODPOIMTFALL>AEW I)IILWUFKWrtHTHE EOUPMEiR PLANBP..IN FAHR�CntI0110f FIIMWORK COOROItY.tE ;tFLTNCA40PB AIAPWMBINO [EVICf LOCATIONS WOHJINYLPE PV.NB PAUATU ROU]HNOINTIEEOUPNE:R. ^....NOTEP:THEFOVAWNO AP➢UEe TO ALLMnAWOPP. nHOPEMAIN6TYPICALUREBB OIHEFMOE WTERALL4AJMEATOP )�ILIIF LF WTNVLNfUi 0R1L'f eT ACnfflIOABnB ¢BTAO[IaR1E B'iMEARCHTECHNUL6W00dNOAI w911RgEMATEId�I, EALIEroM SHIP 6PAUD COTE OFM TO TIE IroUBT1Y SMNDAPD PFACnCEB,' -'. WAEB. CONCmON6 P.Np AE'sldElA.AnOA: AR 6PECPROM I LO}IWB, BECTON dPANECOM_E LAI.IIMTE PPCOL019gB90CJAfAAttlUI61}16M6BA IDAnIH. MILLWOrN CONIMCNRSMLL EO.OpP%COMMCTOReMLLCBOP01MtE WPN OEUEAAL EIECtAICM1LAMPWAIBINO COMMCioRO Atm YPTH tnc\LNBMWGRON B WIERf AMVCABLE.IfE ARGLIECT(k9I0NFReMLLBE NOTIBEB Bi AN( RHGFFPAKifa. CLIENT DAVID REMLAND' REMLAND COMMERCIAL 3361 N.W. BOCA RATON BLVD. BOCA RATONI FL. 33431 TELEPHONE. 561-809-8610 FAX: 561 -807 -0100 ARCHITECT RICHARD JONES ARCHITECTURE 10 B.E. FIRSTAVENUE, SUITE 102 DELRAY BEACH, FL. 33444 CONTACT: RICHARD JONES TELEPHONE: 561 -274 -9186 FAX; 561- 274 -9196 ....... —.... _.. ; i�rttAna Joxes r DELRAY INN - PATIENT FACILTYTE 297 N.E. 6th AVENUE BII61 WTAYAIUCIJDREIP Jw.rAA ot5 � ,AIS+tflW TAwa68t sll 1 IBIaCU1N0 Delray Beach, FL. 33444 aAPrHRFNLR DRAWING INDEX i cu. -..I .g 0 ..-.. �v iI'iD ) PLANT\.!I N(3 C3i .,, U N iNG CIVIL ENGINEER ENVIRODESIGN ASSOCIATE$, INC 208 NE 2ND AVENUE DELRAY BEACH, FL 33444 PHONE: 501-274-61500 EXT.24 FAX: 661- 274.8558 LANDSCAPE ARCHITECT DANIEL H. CARTER LANDSCAPE ARCHITECTURE, INC. 74 N.E. = AVE. DELRAY BEACH, FL 33483 PHONE: 661- 272 -9621 LOCATION MAP SURVEYOR I BOB BUGGEE, INC. SURVEY& MAPPING BUSINESS P.O. BOX 3887 BOYNTON BEACH, FL 33426 PHONE: 661- 732 -7877 lei W I� eMn �zr ri Q Q h U W H x 21 TIGPIDA L1CfI1suP=_ j r ' 1 vJ I AA]NOtali I IBFStAiO:N COAd86610H A I I.U11 r•()JI BF910tRR DRAVMI BY: T, ➢LAN REOPW: 5VPMITTAW: SPMB9VBMIlTALIlAM01l REBIPIOlM: Q REV. 11 IAC BVOSM cov>;iz SHEET I U" C_vR PROJECT INFORMATION pROPOSEb PROJECT: R, 10 BED. DETO%IFICATONFACIUrf OCCUPANCTY TYPE: CI-21NOTIAM ONAL- DE TO %IFICATION FAGL{TY GOVERNING CODE: PSC 2007 EDITION FFPC 2007 EDITION NFPA 1 UFC FLORIDA 2007 ED17ION NFPA 101 LsC FLORIDA 2007 EDITION MEAN ROOF HEIQW,' EX[STINO AREA: ExISnNG j TYPE OF CONSTRUCTION: TYPE V -B, BLOLDING DESIGNED; ENCLOSED ZONING: CBD ^CENTRAL BUSINESS DISTRICT" LOCATION MAP SURVEYOR I BOB BUGGEE, INC. SURVEY& MAPPING BUSINESS P.O. BOX 3887 BOYNTON BEACH, FL 33426 PHONE: 661- 732 -7877 lei W I� eMn �zr ri Q Q h U W H x 21 TIGPIDA L1CfI1suP=_ j r ' 1 vJ I AA]NOtali I IBFStAiO:N COAd86610H A I I.U11 r•()JI BF910tRR DRAVMI BY: T, ➢LAN REOPW: 5VPMITTAW: SPMB9VBMIlTALIlAM01l REBIPIOlM: Q REV. 11 IAC BVOSM cov>;iz SHEET I U" C_vR SITE DATA Zama DESIGNATION OW (CEOIRW- SUARIE680161I0CIj BC FEET � TCTAL88EMEA 10000R(MACRES) {07% OROUND HOORABEA 2F77 BF(rt+hID�fy) �B�R 1�1m+dktcl 4f818FTDEAL B3% IWNBLOQARFA $FUSE. 180% WAWA 1471 B.F. 31 Y. CONRgNMFA(REGMEl71116RM.J 42.F. if %(IS %AE➢URFD) WATER SODIFS; NA TOTAL MPEOf" 9.00W FL (00.7%) 7OTALPMMUB 6,0788p,FT.(a9AI PA10UK0RF WRMPUADUANTTO1ORK-aPON1.0.9 BUD": 1 SPAFS FOR EYETW 4 8978 (S)1ammoM: 108®" DISEIXNOLr - 99E09 PARNNa=UIATMN:I SPACE 14 W0.119.4 SPACES MINREO PARKING PROVIDED BBOBiAR "XIS •1a 9PACE8 TOTAL HANp1CAPPE01PX 1s 1?DEe•q •1 SPACE BWRO,�Bfa:B If108F ORO9BAREAMIHd: ROOM {• {dl►1. ROOM "" 0" R 00.M1. 1mu. ROM IM.L IIOOMO. 177x1. RODM7+ 10O.` ROOM 4• 177 Lt. "U7DI 'NG aETB4Ed(9FURBlUNTTO LORBECTION4A.12P1 REOWTW ALLOWED PROV0T0 FROUT T 7-0' 7DF18OR010E O REUI 10, 8a• SjRFEr SIDE Y Y4'•10' HECK Ott 1Ta'(LIFAFIROOF) FLOORS $ 1 LEGAL DESCRIPTION TATS7AND2,BLOCIC 119, MAP OFTHETOWN Dr'l N, ON,ABUBOM810NOF TNB CRYOP DELKAY BEACH, FLORID0. ACCOP171NG TOTNE PIATTHEREOP, ON FILE IN THE OFFICE OF THE CLERK OFTHE CIRO(BTCOURT IN ANO FOR PALM BEACH COUNTY, FLORro0. RECORDED IN PLAT BOOK 1, PAGE 21 W59 THE WEST PIVE FEET (S)THEREOF AND THAT CERTAIN FARCELDUCRBED BY METES AND BOUNDS BET FORTH IN THE SPECIAL WARRANTY DPW TO THE STATE OF FLORIDA DATED NOVEMBER 18, 1899, ANO RECORDED IN OFFICIAL RECOED BOOK 482, PACE 447, PUBLIC RECORDS OF PALM BEACH COUNTY• FLORIDA SUBJECT 1O RESERVATIONS, RESTAIOTION8 AND EASEMENTS OF RECORD, IFANT. CONTAININQ O.9S4 ACRES, MORE OR LESS. Bike Rack Detail Ra I� Z a I� Lo F. _ ; 1LE. 3rd STREET N Site Plan INVC r�cTta��rour.s ) }.. I aecmTT.ert7Rx } i VAM1rmvi511 I lar wlass www.aurtcxnEClana.L*At � i 1 i d f {•, to i a�a i Q { n N A Q �{ 1 w,uoA f9eFApN¢ / ji I ANB/N617IIaMW1oM C0111fAS3roNR II.W< DR w AANRI MS er; ry FLAN WNW. suaMmw'A� i aP8n7 suownu.IrAOnoli � l t t ( ALrIWONS. ®RO0f03112 CONNG115 l EI i I i I SITE PLAN SP -1 •°�••,��. - -M1_, -- - nNl,ll -WEST �VxxiR GGPN[A Existing Storage Shed and 1 -Story CBS Stoxa a Building to be Painted as � Au[iRl s � FRE➢ Marx „ rr _ East Elevation Plan r snDCa r°' 4. `0 D1Pb - gRF:!'0 5TU:CJ fla4, West Elevation North and South Elevation Dion stet Details me -r-o^ EXIST. Swi °WM x COURTYARD 9A..4w - --I i i] PL S S, OD 1 Sy i 11 SLOPOD CCitNp I A!w[ I o -- 1Yi �' ri• _ ® 6UILDINO SQUARE FOOTAGE CHART F-- __- .- - - -f[M tt0.N+c i - -_ -- F➢ROOAaf 1.1ne0F[. \� AOOK / 111""""' K➢Oagrl6F. !�'` I I I i o1FFN1a91MNF11UYALf00TA0i amaaNr. REC! MEETINQ 4 a %-- RaOM - ° -� szTASOLaLEOeND 45361.' ® ruf MCx � i J I Y [IACP➢[FYf wl[all➢ I , i � x[W ANC riR! aaFNFODKNN , ' -`�J SI® tt -1' —x[w +• Nmx ALL W/ uN LM Floor Plan RICHARD JONES •� MIXII ARCRTTSCnW j ,F.F.r+a+fnvrn➢AiFUwla v �.nN9APUa i isiaNiia�r � I AA]FNNI61, I Ia)At01N% WW9l.P1ARCN1[AGiVKCttN r I j171_�FI' I it w I vwnon uceuc➢PS I AAxmolnl t mvwlaw � I CGAIA➢9910N M II.019 nFi11fINCFG � I ORUlN ➢V: nal Rrelaw. a t luaMinAFS aPRnN lUNMITfAL17N10F11 � { i i aevw➢xr. l ®Q21w/12 coRUnF+s I I FLOORPLApI 1 RICHARD JONES •� MIXII ARCRTTSCnW j ,F.F.r+a+fnvrn➢AiFUwla v �.nN9APUa i isiaNiia�r � I AA]FNNI61, I Ia)At01N% WW9l.P1ARCN1[AGiVKCttN r I j171_�FI' I it w I vwnon uceuc➢PS I AAxmolnl t mvwlaw � I CGAIA➢9910N M II.019 nFi11fINCFG � I ORUlN ➢V: nal Rrelaw. a t luaMinAFS aPRnN lUNMITfAL17N10F11 � { i i aevw➢xr. l ®Q21w/12 coRUnF+s I I FLOORPLApI 1 Roof Plan >ne�FY� —V CRIMP ROOF RICf1.ARD;01 G Ar,ci=oCrIJRR I`—/ ' l I s,E.nrsTAenRV�PffUrt[ua os I�YYIRxfIW � 1 YA ASW�1t11AMIDlEfa t vN.xJF0.LRI1FCxIA6.Cg5 T� j I f x r rEORmA uczxsuw i � 1 3 nn2wYlaff I lEfswlfla � 1 eolunzslaxi II•W i ...11ER RI 9RAPf1 EY: fY PIAN REVIEM u 4 --Am 0 SPRASSV T.AI.ILY tl 1 1 O� 3 IC FLAT --j N I ro REMlUN STORAGE SHIED i o10: I [y�02 4 W [Oxlf[x!s I 1 b I VG FLAT I TO R[MAIN I STORAGE BUILDING ROOF Pl,-U I A-2 W est hlevanon East Elevation North Elevation ­W1 11" L4!,I -f' Oro. Yo, eeAu .. -. _ FlI!t../1 04 ._.__._._.�.. _. IUCHAnn TMES ` i I ARCM- UCRJAE l MIMI VrWlo loss naaxlvmv�lAtmcim v si�m noe I raraiw AASW01611118NWION � I ,�-- _j.��.�f� � ' Ww.gMgcHEIECNqE.COM I i W Q I - -. rn 7" gAgr �5�9 � 1 LLnICT LicEllsvP£ rT7 I — � —� elawslelr l @JSmION / ' j /—"1, 1 COTIMWWNA II -Wt o ©IGIIgR w DMMI qY: ry rLAH R-- W t � I i .TU9LgnNl: 6PgAq augNmwlraeimli o ELEVATION NOTES gp ®KqCV, Y. It s rAC CUMIICHIS ox /a]px 1 I I I I ELEVATIONS 1 A -3 South Elevation Uy1LH• Courtyard South Elevation J!C -1sU• Co and North Elevation 14'•1'A' �X APP "A, a �$ 14 All 0; t My ... �: * r. V'Q5 ._. ". o BLEVAMN NOTES RICHARD TONES ME M so w Is[.l.FiMVev]1tB[IiumW L�R . Mlaran�i l [rsLmnK �i^'� AAXUB7 {IT I HI[ELOIBX WNW.uERCwIBCNEE.aa] 6 � ''rpII7B1', W�.,,77 A W Q p1ARIDn LIrEI�sBFi �' f' AA]WBIOIfIIHDfWIBN CHMABEBIDN H 1101� DETwxpe a p DRh0.11 BV: ty JU\ PLAN Riv(EW a HUBMIT(AIH: siRAB HVHMIttALI].07HHil IV C04ULNIs I i E I I I ELEVATIONS ;II A -4 � West Elevation jm%rm Overall Section 11 970. d• -r Arr. LD. OL'±M, , 6wu` Arr.4' %� .. Saioii� ATMA[tD LANES ME �i AFCIIITFC:Z11'.E � l 1 o s.t.I RM1 T AL e1 W [ I [ rb 21 O I, SSI.YIIfIW Ib� >p91M � I fAAlWbibl9l IR�wlafo /// ` 1 I wunvaARC1I11EQnIfSdCN r t r z w w � A � FL9W[A _IEENRU r / } f AAiaLIdIT (R]dW 10fe � I 1 ECLDDLLIOH / !1.61.1 DDEOIDNEP: a RAVm Br: vv TLM1II IILYIEW. N 1 RURW AN: LFRA08UBMITTN.1[OIOOII I�,� I im i SECTION/ I RENDERED � ELEVATION A-5 bi,o b.o i ol ,e �.. rn'N �„,w �i.w mmneax.f •� I.1 nne,,. r g.,. ---L I —� M, m^ L b 1 fo b.0 tWMn �H:.M nvviUa' >o. iy�i( nn! rA! r: �! �' v�; Rs. NJ! tNSi% IPaiNCI' sE� '".�'�`vnaY3Y•Ya�7.RSi�''.x::L in�Y �w,nnne h a..,nMm'.roLlw,ni,nm._,.r ' I ... f• •I T• b b.o p1CTnYJI w x,n,un1 +ann.N" ••x�xix.iY _ .:i n � .-, h, ..L i` �,4 , _ +�+'rs�w LLrt �n�k,W F�•.^a,w•.tw ..,�• .. v.,- rims., e.uti. -. nw.••ni �eea.r bro b.o b o b.a ryldHupJW� «.mv Mal• ... ..- .r .i,. •G'Aa A�4=,' e>L pr tem FrtJ. r..w....�.x.,..�.gN�..ea�P. _..i `—� 1��•:. .• ,:a �.. ...� 'u`'�i�x aT�iaaae�T.'riNPx' TrJUTmu Tt•.• 4 . ,r.., a lu. r,��..n�,.R e. �r• � `- All bIo b.a .. ...... 11 il r �. »r.eT•F,t, M ..._. .� _. I, . yL,.M..,.l..•.P...., bfo b.o �„M IMOTY�tn .. • �1',:R�. �"��. �IFra.�� a._r ,wn�nNl 9a ���•n %nN�..�^ra��e , w�xiw`�.w „'�ui 1�e, '}tY ae..F.w+v...un.•F•>+rrwa:iw.. n:.we+ +9ruvnu NHLN[IWLa TS „, ro rs ylem,.i_nArn n:NeiN 1w �KMiFNaM,Y�eA 4 *L _ u': °:,:.,s a....nra. a`"w::wa a::�a:,µ �:, "� b }a '0.0 �.',an•••�li: s!^J' = ':^s:S C..w': rx+! nr,. .�q:.+...a,,.x.,.aw...,IMn.».., .w „naPtiu b o a.o - b 0 b.o bto b.o ,. .� Y � w.IW�iw.4.u�n� •..M•r•n•F�Na�'iw rnw i� N•Ww1uW .s•nm r Pn n -0i,u +.'n+.'Y,k+•' • S sNRHIMI x...��^ ..M ..< �je'x�sNnts�t.^ bao b.o l IJflrl'PIA<; LIGII'fr8r• •,., ,, -m..�. �.•,•^ea:�:r*.r.� FICHA" ,TONES o.o b.a b o o ! AxcarrecxLmE } uwMYl, ,mreo,owK 'eASTM` I I b.o b.o N >TCHnECNt5.CM, 4 I0.1 Ib, b.a I � I b 1 . o � w�M } t j1 � obi 1 b.oq 4 l�. o 8 A I r b.0 ' ILOWDT EtCfixsIIPE r� b, o [V�1 I1�I�"s 3 b.o AAmYOiml l ie:Yro,ob � b.0 conwssloR x „ -uu /�� DFSIDIRtt AI ORATN YY: lti !LAH Rn0,EN5 N • b' a # SUGYUT'A1.0 s!rtAB 6uiYN'rtAL1;EtlNi1 a ,o b.o b.o b.o b.o b.o b.o b,o b.o b.o b.o b.o b.o b.o b.o b.o b.o o,o b.o b.o 'b•o b.o b.o b,a b,o b.o b.o b.o b.o b.0 b.o b.o b.o b.o,.t b.!.�o b.o b.o b.o b.o b.0 J••.. peLRa iTAmpllp Bl,lieai OCY LrE.1 Ar:y,9eRDnE SeCA1 Yrn]P Cr�em IaY Deeprlptien Avi /1!Ln N iy,pup glgp tl.100 C.RRP6m00 6u0tl 5]DD ;A ipOp 1tY0 O 0 is SSAOS R.3. 9.Epp 6SPICISS11a fOla ]iOFRO xYeR Iii ARc eeleublLET �Y 1eb1 tl+�PYe NYSU R„4 tlu M... Avi /1!Ln Nex/YM Dex C1TD I3],d *.eeE pE O.D; p.E D.p N.A., Y.F• YARILAtl I131tlSAenn .b 5.91 7.8 0.1 3].i0 Sp.Ap gALA9Ai illminenmr Ye ;.li ;. p.0 3.19 1•]e I pwromEmc U PLM PH -1 „Y ss <16i — Tn } V-7--�= E IUj 1z Q I� �Li -L I t I EA,Ilrg QVl' DION QVT _ N.E_3rd STREET _ n EXISTING MATERIAL RELOCATION SCHEDULE <_. CITY. DESCRIPTION 5 Tp Dypsh decay/ Triangle palm 2 Pep•d Plychosperma elegans I Alexander palm double 2 PIP-d Phoerdx Raebeleniil Pygmy dale palm double TOTALNUMSER OF EXISTING MATERIALS TO BE RELOCATED =B SEE PLANTING PLANS FOR RELOCATION 2e' SiOt Trptlpa [EloEA9Ex Nem: Fgmnca br a mUenvmata mxIIM pder ,.AAcempY IRUI tlmtl*alea d rebemed an I➢c odor. me Ip petae kemKem.�roYerr. we eep.near,m.ameeroun. kexb�a n =.mb.r.b.metl.,ro rb. ellnvrvol DaAmal bn ver.quvte Ivwppnl b ;urrenlbe MrbnM eI1M1e IneuUU V ec.. S. Afinel cub rM1CAee Ie �etl met eM Vndeaaeb atmvlerbboA bv�elro ➢rod nam�leevigrme I+er.ctl. e �pl➢YdM be,molq+vnetl Ucea aurinv IM iovrgrvnLg Ome[n.aM vl+er Been bbcete Iv MaYUcelbn mramtrbwm ellmenlnr. bl vA nnecwHtelnNla lM1eR vmepcvn Hep dDPa MnimYm el SPCellt.. vlraelgrvn>tB A. A11rtc'r u�eN le�eKoletl w� M1c eenneH ILe., moor. nens.na pedn, uee Apvde.ar avueegae ➢ebU� FMOVAL I—' I.AAIreC> Iv be rempretl mvlbe cvmpkl<1/elmvetl tre. 1. the rovl Amrrlav,, el lne remowv. mel be remeYna Intw ova ltte'r ➢➢1m.Peel NFlemrcmewlrnvA bea mxrm+ �E r6 R W GVAtIaFM Wttl[F PFaUIREOIV,MEGOYF[ EEtME EowPAGrept RaPONmhpY le G6,AgAlL NEGa AIIMNMFNFCmc1ANr WOP[OSN m1FleE, IFRf1APPQA UW. NOTE: V, Remove AB Exolic Nuisonci Umiled To IFL Holly. Auslrali Dekav Beach Code. EXISTING MATERIAL REMOVAL SCHEDULE Y QTY, KEY DESCRIPTION 3 GO Oucrcus vrginlcnal Live oak tree TOTAL NUM DER OF EXISTING MATERIALS TO BE REMOVED -3 TREES TO BE REMOVED DUE TO POOR CONDITION, BRANCHING STRUCTURE. LOW CROTCH. HAT RACKED OR DAMAGED TRUNr. STRUCTURES Existing conditions Plan RE,ISIc Ns BY FeNlsed 1.302 pe, —il.d Arch We n cii, C nls15215Ill Lj Of Q � M c' �3 � � o r W m j= CL O � W �on ; M oU� Z U V wm U r.qm 'Q) {� ca D ® 7 C Z#9(a Q. bo R eF>An `O is,%, *0 LLI SAW[ N O.H.a. t•. IP Iz.to.pr L -� 6 NORTH F115111dC MAiFAIAE 1E[•ENO I:q. �,ICnicaT /ceavron,urmc EOp ovpru aem,MJrrbnalA ➢evn tpL SAmol Pv �cnaJ WeeoG lnv PA¢d 1 0 r+h ROebvl rdrEW➢Md pEEnde Dlebk RE,ISIc Ns BY FeNlsed 1.302 pe, —il.d Arch We n cii, C nls15215Ill Lj Of Q � M c' �3 � � o r W m j= CL O � W �on ; M oU� Z U V wm U r.qm 'Q) {� ca D ® 7 C Z#9(a Q. bo R eF>An `O is,%, *0 LLI SAW[ N O.H.a. t•. IP Iz.to.pr L -� 6 20' SIgh1 TriangteA 3rd STREET ac6 p ,o' slglrl Kr,R.AE r TrrwlgleA __------------------------------ -- ---� t I gr 0..15 'E 11.7p Y WnF r prvw I I I EasBrq z Sp W / •b F___i it esra Aepk rr e.�•:prb / e to A spa � I-rAts R quWae ♦ vB ve s6 IT• 1 / Go 71 © 1 1, n I IIII �W ly, venR CRVBIY�R sad ORY s °d iprlwr Is c Sglh reE I IJJ p B IAIVAC U ig / Ilw u w/ M�xwuar LJ I A2 1 Z a6 p. 1 x M f1 I Q °i,,AOixro m 7 c l l 1 _ Ve 55 ' I JI! � A y I 2 1 10 02 A [ II cRA Li Ie 24 25 a 6 MI M1 Vm I ------------ IA I I 48 �`1rr i mi I MI• I` 1 1 IB `�1 I ^ EcX TING l 4 spa I — — — — — -- sod -- W'W 1]0.00 fPmr"rt urA Awslxe rMk vs umpixc 2 BO 2 WCRovbr yoor or NORTH OfOI Egwl FIIIM FRDRc nvlemolklRAV llvn sWlem IOpmMAO IDRe YApptxsncavgepe.vAlh IpAF ovnbp mlMmum, Non'. vAnpprpprom^pbYCVnirobA elMlaln semn. Afipb Arm Rmalwela lK Sepwvl:d. WC I. AAMer. >rovbAAlkMruAed en lNr rile rMApenlbrmly be rcpuhmrnhvl •lwwwdklkpneeds• rHERElsIALLIE NOIRE &ORSHAVAA PlAOE0 Yf11NN WA{ER,SITYER OR ORARAAOR ElAEMEMS At Above Ground Mechanical Equipment ^"1ptlpP ^rrF =an<dkbesemn rlevb wmbrMp ^ee =mApr pmapf.wm=mnr wbkelkr. NOTE: At Landscape Si hl Mangles "Such As, But Not Lbrdted To, Exterior UlBlty R.AAprepemdupR7NVdmnsMATe pknkpenlMeenwr wllh•W=rawbR•pempLmnedem D fl JAllbrwACbpe ercpr wnlvinUq bcesaM vepc larb" shaFTr pe pkdwlPF lMbspeeba ebvn NSpM1 Shall Provide UnobslrAn:fed Ctoswb'Ibilly Al A Bores. Meters, And Translormers Shall Be Norkanld Level Belween 30 Inches A nde Oopleled an AB Plans And Shag Be Visually 4neene..Apk ^lee mrmmm,m.,npomrbp m.ewnnd -bp mrppa=nbpren<roM Rem me xvwF= Feet. Including TrlpAks ham Pavement. Screened, Baekllow Preventers Shall Be pbnp N.=nneknplh ollAe Rmen rpeccuknd ,wknb2eye butler. Printed To Mulch Prinelple 5 lructure. skAp.c Inn. m^avrnpllmpKle[rappmmkemnrrnr nekbemppelmpervprenh pbrmwbblan. Landscape Plan REVISIONS BY Revise . er 0, I2 p —1,od Alchsee 0. Clly Gmmnls 112.1 11J LU o z LIJ an gg D.a 0 `W 8 4 Z f U) t Qc3 0 O mom C) MM Q) [1w aD C Ld � ® a, N D.H.C. lxol.11 r. Ic I[�le.ai L -2 6 NEaS �jr�. �` iii S Ti~I�>• I. Atpbnl melerbl IFbIL: fl. P I, yr b °Iler, m pel ITa bieN oddilbnel F1. Grnbe+d rlpMWf. AdlpecMeri gYOSy melerlolr rTd be F, Fancy, bM rheE be pv4Ppevetlby Ihv Lenermpv /achltect. S. AAp1aN rroleb4 evP be Irue to nmp= a rtr, m par FI. Gpder L SreMmdr, Pbnl mekrlabwhM de npl meel. oreECeed IFr+e Nvndem wIA rol be o = =epled, b lnlen r4m, rnd loevrom ofµlnlr nAl be d=krmketl by ITe pbnpntlmeralel+cFedvN.Stre+ei the pepgrlad plenb rnoA Ipkn pmeetlenrs over Ine cmly.er roe. SpxlnB of Ine gouMmven mpbe deiermlrmd bylFe melNOl rchrdule. oupnmler lhmmen Ino merakdseM1i dvkelann ITerpbnmlM planrr M lok° prdreove rnnlrecla rinnbercrppmbk br the oclud^ubn I hr r �ecedence ovm the melerlabchetlrAe. Chvpeppnclerr all benwpM1l lolM Vllenibn of lhelmd +cape ecl, prior le commvrxlw 1- Nn rvbdlmlbry rY.o'Ihe pwepled vAMYI IM LaMmoyv NtNieei'I xUUenppp•vol. Almbdlfutbnfegvrb malb, mmle nvmllnp. b.IbnikvrcAl ring be rJeon. rRAle. and M1ev of debrh. Sod+lndeemhl o11pR P_ mveE %dA%enullrp mlWeleb e�lnEOimrrie o� �egvraipiwer�noll.. =vplre io o�laa�ibBr, pw menl,lmhl..mnemmemrnllwr. b adauwn •Amlldm' lealel+ IS0.1p5 Rhot Wp Ix apprnd loa[ phnlf I pol.,vrdatwvc. permanulaalurev reAllVeeSnd palmrl fhpA he mucTed Wlh p 311. dlomelm och r minimum tlepIT.AII pbnlYMbee+rnaA lecet+v y pnlrhedtlLpH HAIL vpout mplerbn or—T. pveerr. MrrcF rnot'LUCVNPIVf. ar appeve 1. pl.11a cYFRFEA MVL[ry5HML1F VIIUL� oN TIE PflohLT. . AI pbnlr: had be pbnled oI reA bvehyfikF IReV wac RreelourNabM• -ShMS aM hetlpm my Ie be pwled Ll. wmf Lem omv.nE Nlwlvrer. Yelelbh Mleprkmealer rhpneverM1wgrrhwhe plonhd +e er nvl 1p hnAede IFe noluiolBmahh Mbll o! the pknl. Amalerlalr me le ix welded{ nimmedlolab viler plrnllnRremlolcmeve elok ppekeb. dll mdretlee me le he M1or.Y. +aAeretlima minvmrm ol! xbekaller fmlptalbR pntl Ihlrwllerw mgYked [pnhdclol mall aMlre Ine m'mrr vrbrryeWllkrwllrslbwierhpmgNemenL, 10. Atlroe r dll., orbrwr. ere Ip be Meted a pUmd, IopraAdeempb fvpporl rvcF Ihal mvlmrolr remafi I ebnl a Inb Inqn uglBTl poldlonlhrlwph IF1 Bwmnfee perbd S1at3q E V WI ^B rhotbe pMermeeoi Ine epllon or IH<bntlrcme conRocler, vxeepi+Jnere rcgvtedby cede. W xevm, Ore bnduepe cones =ler rnwb ervlbY for pA lme'vdpd✓mmmeinlnB +imbTidhoe IbwBT the pvmpnlee peNd.FIM.1- ITaIo ° pr�kl rnllh oiler 11 tar bean pepedyvlgtrd, a Bayed. the bnrACape <vnbaela rhoA rol be M1eldrarpembla. I )�AProd rtnNhe "pvrvlmn, underr vlhm+4e fpeelRed spdrnpAbe drive, p1eeA wc6roelee, and nee at deerh. vmvdr, dvewe. a'neleJ'Imm n elrHvdf c IrvleAelbn�GrodePmlodle Ibe roherl+moortR eM of tl Idb � LAN W aVE CALCULATIONS 3 AA ueek pbnh d plourdwverr rMn bepwraMrcd for a perled of 1M dq n and pepplmram brq perm ILNLnFAIAh'l, cOMMEPCtk41NBU61ANV el eneiep. Pifer \he dale vlr✓mlanlbl eomprellen .PhvvnX carcvlemWAtloclyAla palm ale to Po n °d per Ro+rvnlrvpplerr mwmmantlolbnr, byegwllAe6 preen er Rrtc SObmaklenance peRam A mr <LIDTAniA U eylL e,DVt sq.q iMmemereFpomlomrauheovler. 1pntlrwpe kvehe vAA De tlaemetl or rrdaelbnannp pbnl malnkh.Urebmbeepe eeNrecim rho! B. iiPUVNAEi. PnmdliRWrUXrUYS, OPNE6. ETC•. S,brJ San. 'J�iFC a brry. >aliof the rNecledmeledad bem the fBeerlhe3 Nruelbn F TOSK pEfAMU6lpTAPEA U. I O sNPUUS 6pPBUHBCpVfF6P6pV @FD I.m .rn.A, MAI remavale5'bem rear Baoi hcNtled in the bntlmopecvneepl. IS.Alpptivr po le be wpm, r el AnEhad We %prbr Iv Ihv bndreope <Rnhpelorwmmclrebpwmk. 1ex.a•1 b AP&.oF SHRVB6d UPDU11Udp'/NS PRM'UEU f. IrwEVEDETPIIDN RCODUEp MUYEVE[Mn110l1 PFANBFb d3 LH11. IAH kFlr , MAIFAUIJ[S1EpU6 b 1plALPnvEO•IF%Y.VUR USEMW lrre &FII. - ly. xel' pelenkot(eommun nvme d� L 1plALUlpppRlANU6GVFAPfAAEOUIRFD JII sell. {B•U free tSFlp arlwkahmf mar �It %,lei d. M.MrmroP lANpscVf °AFA PPDNIPEO )< sn ll T1ee1 CburbVMNnkIUmlFd'rnr 7 eed• ermearpYf ESemcbr lSlWvv dl rve IUIriS' lFemicM1Ow /d'er. L 1p31.INIFAlORSrIwEmEE6AECUInEp 't 1 DvIIY puelcYlvipinhn °IHBFrlrefl�eoetfree M+Ilenwvvd Vve 12aS' IIP IJS Sa.fT.l L 1pT LnnEPM]F F14rpETnEEE PPDUDFp 'I 12er B eel• eenv pm meclmlBravn E YmPil YedehbMenlBOmnryana 7l.SOnlpemery Pelm id'ebml4B. hvy. mlp. U. 1pTALUUEW FEET6UAPUU1101114 MA%Illa. IJ> dnFl 1 VMpd Yellchb MOnlevmrHeno; ManlpemeNRaMdeuble P /'podbb. EDW eAYEHIMMDEU3FFEMM k 1pTAL1NpBEA OF PEUNErEA'IAEE6 RIAVNEO d T ° ^° 5 IRr I)ygb tlecoMlbknBle lvlm rebmled a Ih' 1MInmf1F°IeH Pdm iddPOarcbmie IV wabBb mpleT. [U 1301 PPCYIBEn ld neee S Pap4r Piyehesperma elepenr /Akvenderptlmdovddv nbeeled IS -lt oa dbk rebeple p, TpTAL WjAq RCPVFPWEGMfi p. IpTAL INIlBEROF pnp.mEE6tp BEfNE6ERVEA � R pip,dp lM1OerL RoeeeknN PypmydeleCVlnderAhrebmlvd bY'e¢rtpbrelaeale pI UIE TOTALINUAEACF fUIP'EiAEEd nkcUlPEV 1d er ^ Tm +f Po d' CM1Mebabnrn kowl cecopbm RIrSe�g.Bgcoe. IIN +NI X.fal M1 TDTBLINNPEA VF NAINERPFFa NYNBEO 11 Tr+ lid Mp Myrcbnlhnr lmmmrl Slmprondoppar BlJpS7 oc. {B'SpRdPOC. 6. TOT.LL NUMBERpf mEE601InN1vnvvroFD e5 er 11 Hpa' Homelepplenr.dMl ovd. neburT IvboVMa sod=tygadn ip'IffBlbe. dW In' vbbceof 10 fb eedmvmwdegaWm /Croren hram 111 pe srelhegaub pmela/emane cichM 15-44;= 15'WAIF'ee. se N Nbvmum rmprmvM SOndeMV.a Vkqqvm d clam cerdMe krmmarpr eb�kmeab uplom EI'dpelree 3.5.1'ae.mw! XERISCAPE CALCULA11ON5 Id Mpl' NepNOMOb lekolvf Mach°km n• nryrpwmnolldeneraen. mLeromhe. mme Id'JR•32'ea Isae.alree. 410,65q.A. Np mnvemdpuel o.d. ra�Fmn Wrt WFlle pv+ 119e'AAertobde lydvan'p°. .N WbkYwdf Required sbu6ad preundcwery (30% of mquhed Inlnller d pcnmotvr Bloencpeao) ,�5 d-11,on �-Dennler naVm a 6pn �tlmwM rokroel pbnl moleMh. peISFWMp, Wdsrvke MonvpF. n Sbre d Bmund ppvnr pmvlded vb LABS 6n.11, �ee�pem�i eelobv Raqulmdn W. Ddnl metidele f]T.6 SnA. ±i25 ed °m lbrorem (25% o(mgltlmd cFmhe S PmunJ rwrere) NelNep % prvvkrd 1.3n sq.A. 6nVPP Iprb Alrrmrk J /,rc Nelrn pbrrl meteneh ured Number al f "o. 11 emqulmd B Trees L3 Aeee) „%oGngmmd N INn lmee prov bed la T- Notes & Details NORTH 0 kRY161ON5 I BY R"3ad 1,50,11 Per --sad Alchdlle Pk n& Clly Gnimn15112.15 111 ju U� z U �yfv U IY'b° m c 0L >� LLJ /ZIP /pE L_ p N fr�egf rE6a LL; N Z U m® m L_ W. *4 LLi C) M ®� l�Y N paN 0.MC. > l.n 1'•Ip ILIB.C) L -3 6 REVI310 ReVReO 130.12 per revi,ad Arch slle nF, Illy Clmm�b (727 111 L w — co g � cc mgFeI6�0 Q�QAac� j7 D O ats® U INN m 2 r. LL N a o Q a16 arm o 6�� N r D1HG. L -4 6 20' Sight irlarlgles ,zN,E STREET ^3rd 10' got leave lTYRI . Trtan9wa ze. r,ror r --,_ ____ ___________ _..-- _--- _— __ —___�_ roG qxs tex I � e� � - -- -- E I / l rce Valle A2 (22 Gpm) t t Sleeve JTYpd I ! ri e � / S�eeve ttyT:I - -.. J 2' Maln Une � I"1— ',��ci• I gs r—� (m GP-) I 1 � g ! LA 1=r j Val. E9 `u �o R 2ECONEltillu1 'XISTING v 2' hadn IJnP eey eouRirw2 STORY ! °� Trrorgtee 6 E L J ( a Z Veva f4 (24 G4.1 I w, iV wR w, wwii 'Fl W / Q �innh[ me *�� w x I I LO y' I - - LJ j 51@BVB {i}'pi i•LLLIII1ITTT� ' II J LIJ MO GPm) I j ContrdierlHNn StlEE S)ee�e l'IYpd ; \ �' i Slceve (TYp.) ! `r ------ a EXL53M L ^SIDS - - - -- -- - - - - -i - "" - - -- -- u�_ 10-1 FA IE Vel- 07 V fv. de ' 122 GPM) (22 GP.) _ A710N MAN l ] MAINZ E6 VALVE IOCA]IONS APE SROWNF08 GPAPflC aARm'ONLY. ALLMAM lWE3b VAWkS AP.E tO BEIOCAFED WIrHN UN030APEAREA30NSRE Irrigation Plan REVI310 ReVReO 130.12 per revi,ad Arch slle nF, Illy Clmm�b (727 111 L w — co g � cc mgFeI6�0 Q�QAac� j7 D O ats® U INN m 2 r. LL N a o Q a16 arm o 6�� N r D1HG. L -4 6 20' Sight • Trt°ngle: �N_E_3rd STREET I _ n 1 — Illf - - - - -� - - - °--------- -- ----- --- ° - -. - --- - - -- - -- I I - r - - -� I Skave frYPJ ' / 1• - - -d B.A. Rod[ f l l s.� smauz / [ I 2' Main LNe .___I I•i �r I I 11 / - -'-- - - -- r� 3 fl11eoi r'nronux LJ \ VaWa x10 I^ EEg j17 Gpm) 19 g I E aR RF ] A(`A RFO- XISTN 'r f++�RlII UnY rnuRttARb rl TO Ij�f I� Triangle[ �../ I I I II j II I LLJ S i LJ x Z a j� LJ ILi I .: caonn4allErLRw I f1SLtl4 � I I i �1 I -Snxr. l 1 - � tOEY RI 0 L NORTH °NS °semc iro''oo`'o•w ISOVO II 0 IRRIGATION MAIN WIENOIE MAIN IMf A - -� �oAVELOCAI�ONS ARf SNOWNPOR GRAPHIC CSARRY ONLY. AU MAIN LINES b VALVgS APE TO RE I.00A7� WITHIN LANpiCApE AREAS ON•HIE Bubbler Plan REYI510N5 6Y " tevl:ed 1.3D.i2per e vised Arch slle ! nA ,Ily Cmmnls {12.15 11I W fAD WS � � o dim > Lu ui ❑`�uh�g ^[ll 6 s °om U erg a » Iv �n o ma Q � 0M � 11910 Ld ®�pl cw D.HC. I].LII I' =1v u.loor L -5 6 w[� Pnf3AgoN m�O® P.alvalelA l2lap'up levy Ye,b,wfYCrpelklrtpMnewn o ewekelleads InnreiVaNe Weqe seuca LSN weter Alele nicreswmeeme, NO1¢ Mebrin +IiypJ L wNe beelbngae mown br0lapnb cbrlyvMJ. M Mabllnn 11yo.)r L wNrt me lobe bterrewllMlpntlscape wrv'rvrnlle. o NOSES' AufvmrllaFbRlbn SYr,em Wel rrelrnr,w led Barn fo plum syrr�em,rw wain peevbel+wwnna Heeretlrare. algbeelwaeA eea emelwaspennmrbm. ebmm�a. AOell eai aa4ybnlornoMgwle lPlnikl pevfllvnr and pyv cu 1pwma�a tnt. ,�ur� f:Ne.tc.le� nm.rrfem>aebe cn w.lrr bn.r. m. mae.,.rwen Ibae megar rdlwgra vb lnr aam�lk<emmin, Remnenbemam dan.rr„he mr,nnr ba,wnan mr Horn, n n,r epwetwrnt cemredwmRD a�ud Ine Ffvdltn wbere nerad ov IFe Dam lot ocrwl nebevndhanA gntl 1 FHakSM1ery,fembaaeidenee wnnSOUIM1 FNrbe abellep seekM irammeram roeuxalpn. Iv Intur Dleprr opgvVVner Inhryeam pvmpme .Hearne reeulee. pryeand "aSBer. spmlM rpecxtp.tminlolpn de,ab. pntl recd"svlbnr mMbe m.raa eamm�.nm. wawbw.nam me wa=IZmwnr. q,n�Aee .'lemmr]aa,wa laexaewraDn.wEk a,Dp pwrpp,anFnm. I -0ee walarwwca.ltowelAptn+D Naemhle vlNee,IM rn rrneclpleadea p gbebpl<r m rw<Ibp mmrtrbmknlumr,lnlw uwme„am pHdb nu rm w0eehwfdnMnplmmlxe wehwelcr. P raw,e a re, en,pr aewpbla. A�Epbpenvq byb aavu1 vmnbcvrca =..e pb A e vleaure�r po xi>�rnu,eNtnw npeMOwulr no heeleewdN YCH xe rve.skava tM1-P be oretleawte ruse w eM.v rer E/e ekeeanx la amen. ,wr.nxr ma Inrelm.. awn r we pt er reawp n.e.- +dkw•w fObe Mlvk �e�AA ollws PpnR rhegae vc Ole Arwelnmre IhpJ rnwhescx .red race I not s'rox'rllerpe SbR 2b Cblr t{a eM bleteh nedhant•lo]IA"rMAbe SoR ii3ObNIm PVCpbe. IpefrvAbe AVloletlso IM ne<tRdepUtt aercablolnrd el le'.Iw Mnblrne 5N0.b are vl bremllFUmufee Osnnin purcmenr.areat si' Bxel elver mu m: erpia 501 il.lcbn we aV[plPe{. cbn lra, anu ptavh rBeaxam l'reys•mulbe am(+wnee LVOdnc x,el5eehup aabimRaleemelvn+M eliM1e slip eea dembner, aulner Beau sfnlvgifRi sprintkr peeuem me wn =malaeny.aea,IbA he ptlluaea fawma. bntl.�mp. manbh. M1aawrDr ekmeMA eH..bproHaa IheRCmaopt wvh � aysetl Iwracea er pmUlg rondo. nepbvn mw need mvsbe Inv was r'. aM n' Np••wnlplt aelebe rot INd� AsnWN,vny leab vrlae lnkMVOeve paypq WN lli'Mwl FRF SMFII eE No �' YOr.Up NfAB. uRIPe0 iOROrEPkOAGI. Yhwb nee W tnal n. F,bmdal a.muamaebnt of f abvw ine pbnlFpr. eM ry bnnra rtana.re, leba cone.eka ham Hew. rvp Hpe 1pr W`necer rnnn pe taro Ybseibtona w. Jo wNlmbd pnp IM �R b e nlvlea vnasen qv eVCreers of me wrr of lne pbnl n"ar�miwbwr.Jweremn. _ pvpup lnintkrs,nel halrolpleaF Wrundewnaeasel lne oe,t�auronar. eeeeln¢rrOx4df4cumvAmaalaminea blM nPb W I n rmpr Aanue<r, sprinrMr b =el.e eyece +I re pav =�nl, rbpwakA area. pelb,. bVlegwt. rm_ tbaher mmrna e' new,mr rasa. unF n aver -n,. Aam enlne mem. , d. -t]n rnplbe °,plproa�0s nemtl4M, �e.snuun „m aaD -. e,eo-amwaIgwey I tp 0 raYlMmm rteY ecnn. AdltbweM revWeeol onr�a medma,net he Nnu6ly neae pepn �Lpcenl to Inpm l lu itmlreetne aprmyelp p n brak,MnRmR<a, batpp; aeln vvnup.nbrl kvelwp�lextiv �craM ecla NetnurativpnrRprel epluwm lot lecanan. ra IM mat eneelNe eovem¢e. HO W' kd.per mrrcrbnvla.rceem*wnaelbnr. eocllm�� ivA +awAwrFUrb In. rmvper rhulartwsc. `roper Feunmm� egaprrcnl pnlbe lmhAre. sor Ine cenl,an. al nr anhea we bYrM bnWCmpe Armllesl. e,da�kel pc In /rvppy lne ccnhakr. newewr O.e pMrmal n�lelb nn lhereeL enetlne aNSlrpwJnere-vp Nel b e hY ernpc IRR not Malbnr o.0 erpe anrekar nEwsbrr obe lorbe�tlekameppver Attewiema voNr bw.,eaaelpb. galnwe,er peelbnfiasae aypreved by fne qa r y- M 1 IM 1 Q pw..we... 5 pwrww ar p QpQ���� 1P'I, r7m VrtltBM ,;�V -xrc�il Bwe Peat � 'b�al ve �9�AN Ee,roxlWen WlHeSel O Q Q'A'13 •,-•- Arptnl mD n D +E,L•QS,R�. rReek 6w�1�� —. R � I - hlivuronN,krvitvn a'= wmwllr. Brq.webl �lr.ticapp.a IhhBSreelppe i]Ip.n Otea.r n %v PoC Opinwm0enny.AAm'Ae H•wle5eub }tQy�S - -1 Owlle Sbn OIOrt POe. re Ae:}FBANCelrowlvab Wltrsul eQr�..a �,M ke+0eN0aeYFRllb pab( (npNbnrA nllm Irrigation Details REVISIONS By ¢vn¢ .30.12p¢r rbNlsed Arch slle In, Gty cmmnll tl2, Ilj .M.y/. Q� m Ch m V bdBll � � N OUZnn U mm Q) Iva m Q C N � 91i;9 fl 1I e® .a D n vr� D.H.c. Ia,i.l l MI 2.IpAY L -6 b YxnF0 �'¢ , '-711 •S � c Allr /'y"'D PM1Ti. VAIiES Vii � I __��_ ( FlPE HMA x(� �Lc.ev OAT£ (Q /l � P WK -�WIR \YM -WI?• MR NIR W1P —•'T �IIR�'OK.r_ = 01N.-- 'WER - -Wx f-WDf .N 6EN�I MARK MD NAIL 1 WASHER I ELEV. 14.11 NGYD -- -- - - -- N.E. 3rd STREET NATDN dI5N1C MOE% 300 I L .. MATCH d19ANG `ME - .R. WE M"'A - R - 31y95 I DMWIES 4D• %20' Y YNLET Clap � Y VALLEY fAM9 2.9 SII 1RIAN6LE l ANCHOR _ MR R= 15.00' 1 _••I'ysii� a... :.'. SIN R LOCATION 111AP N L =29,79 RM 14.1 ',. +0.D. : :y.'. . �:. :,•, .P iS n (a- B °yTa °,. __,�IIII 'F: .. SU. 0 I ;0 "Ei �. 1 ::'fx� 1 .,'A'A.3�� ... •y . 'a w. o PER D.R•R. N3ryj'I IHV.NE.D.13 _ r ;s.xs'': .T.S. NV.NW °3i1 A;.� ;.�:..' :. ✓I POLE INY. S °].37 L PAC£ 147) " = - i.'q:: .:.yYe •i)1:'. `r r,`.f, .: `.:' , '.�f_:F 3a •. _ _: _ - • 3 �j;', r �' :• .. , :'` %):,`:•x 1S TroE f "" *„' I ' i - - ' « "" - r C.O,' 3. rF' • FLARED EA. IIroEIID� °.ate -f`t ,• +•e"?t'L:' a.4, :', ..Q S.] .'A La. ' E%I6nN6 )::�.. • MTFA METER .0 . ' .•jyF� ,1, r '',:� +.i 4 14G 9R > •�• {: J' �l LIGHTINO V w,ruDla 4 '',' '; "- 'fl%.: FF EL = 14.60 (7YPIGaj ," , ;r', I LEGEND' ".'r':: Sufi 110ANWE -'OOQQ ? -� ' .. � I � r PAOPERIY UNE I _ _./YN .{ /2'- Vf�IEEY, SECnON IOCNTAEA 1 4 y g: >.7• tll ,: - 4• DECAL , PAGE PAGE .� �•.;. (.•y „•r«;s •!' P »: • •.- f..: I 16. ROP05ED EIEVATOLI +. P•: c e`' f . N.+ •.:.« �y 3.:....�'.. M . D1RfCnen Cf FLOW WON. ElEVAnDN E'1 /�-r W ems- O I1ry1I`` B F AS TO AREA OF PROPOSED � �I T r .�tf��• -:'.�4 .: >'Y,.: � "� �'..' LdN1L' I� � ASPHALT PAW16 � P. •• t �.. =D' «. N "'�•''i; 1•'� TER R AAOPOSCO CATCH 8A5VE No, .•l'•N .:•"'J• °I; !.] 7 . :r; 9A4ET it RA HOPE NIGH- DER51" POLYEM)tCK PIPE npa” r-Is jl �l�ll '•F..•' 4.1 _ _ N `1 i ® OEt101E5 IR• PER£ HOPE PIPE M N z F W ,�^ Y `. ;. r .' ,,i,'• «4 .• . it'' O I 7' MOE % S DEEP RO. TRENCH f0 iQ .: \. 's a °�y: r•.'; ,:. .. '',1•.: +' N I (ROt10M Ea. 9.00) STA 13VRE NMIDlft (-a O 4a '•' " p 6.W Ru ELEVAOON Fa c n:. N c 3 P MTExr ELEVAnox a 4. Z� xl . •:•' I CBS STORY D•) t• R '' I O E%ISiMG MANHOLE !� N F3 i1{ EMSnNG CIO. smCARY mm CLEAR0 °r .,a'- APT. BUILOINO -3.0 SEWER s 77M % R• FLOOR °14.7,14. &14.2 1 Gp rE'c R M�EE 10 } SINGLE SANITARY 9ERVICC MiN EEEggqZ..• m COUP lE•e.. ` MAHOUT F6 l sW ,� '• SHED I Ur I - ja >h:r Ns •�':'� r:L1. =�... ,w „'..i: a � aC��� A * 4r 6., .r,r•.. 1 STORY 1 Oil W °a 3.7 ®wv -t20S BUILDING DECD T,1 I z ; IIBM % 6' �y •il4 r gt8 b 7 ® D`A'L NOTE: ALL WATER METER D' gel y 59 SIZES TO SE DETERMINED Ids. R 6- 6•_��1�� lcl TYPICAL SITE PAVING SECTION __ TYPICAL PA14NU SECTION PA14NU SECTION -c t-AI ACS.G I-trcr6) IeR�A� t -1 /3' mT s-m AGSC Imf vlTS)1 -I/1' m'E s-m nasc Imf vITS) ml(�I /1' r,PF 3-1 . CA 1 -1/1' rmE N � e- mNVecrm ro.eA wA aRalr ® wwOa m°'.•c.m 10 ses,uA Dmarr eav i9or �eO°v°Iw`iOP.' vp12 A tAa mAr Pm ego scrnalr -�a wwc 4 rva cDAr PFA w SueFAAaE 91M nGN� 0 Poi WRAa]m fVe01ADE GYPACrto ro p K TBA N t�x Ule rAVDAr1m a^ tY allwlm IRN91T veR AAwr9 r -lea Luc oMMrI nrn �ASnro r -ISO amwE A,ro r IR,rna01 eeat 0 °0010011W 190.00 LOT s e0 ;: (O. x M.) INV..9.¢b zl BY CITY OF DELRAY BEACH P� gad „ UTILITY DEPARTMENT 2 d me DRAINAGE CALCVIATON6 i0A MEOIWL CUMC il ! NOTE: CONTRACTOR TO FIELD 2DE r. PnaE T A nm]z ' VERIFY EXACT LOCATION, SIZE, AND X r GYEN: l0inl 611E A EA - 19,61Mf . AP ` .j DEPTH OF ALL E70E7{NG UTILITIES vA�- DLVaoPMfxr: f AT TIME OF CONSTRUCTION AND CA b NDURR - CAC YOU 010. PERwovs AREA , 7,gaN (E0.9R) I EEPOAT ANY DISCREPANCIES TO DRAWN: PERNOPS AREA a 6ABM1 {139) IT'S THE LAW Post- DEMOPwAENT: � J ENVIRODESIGN ASSOCIATES, INC. 11.A.x _ER'_ AREA (03.7T) 1- 800- 43J''Z -') %%G � PERMCUS AREA . 5.673+£ (363% CIf6CIG:01 r fiUNSHME STATE ONE CALL OF RORMIA, ING 2•A,p, R£OVIAfO SAIR SE 3.2. OYEA INCREASE IN REPERNWS APE4 NOTE: ANY TIN W E BREWER ,€ DMREASE M IMPEIIWOUS AREA - 09U -9139 - 60]al ,: PLACED WITHIN WATER, SEWER Olt SCALE: L” = lD' DATE; , V - 3.2112 • 607 - zlsn I ( DRAINAGE EASEMENTS, THEY SHALL iiti ---- LIB --S� iR /R /Il ' MUMS PROMOEM j CONFORM TO THE CITY OF DELRAY ��L JOB NO. I I' (SOMI . 7]Mf 510) % 6• DEEP SHALES ° BEACH STANDARD DETAILS; LD 1.1 ' 's I IO71: -snc - ++5c1 F9 Mr. ; In AAOMDCD M £'IP ARON TRENCH I k LD 1.2 rOleeen au, SKEET ND. - Ac(.ee eaGllreH9n V,PCh eRleulRllme) dee�Maswmo dw % E rtnar osnmwN mAa ex sa MC M[ *Zu a s'AV r -r u.>x rawm iw' ME us Pouxeuv xaAtt px3e dl xWAi m IWU AT: /3x12 t"=z DEE -G- TYPE '17' Km �. A.ua Oww aAOwoex vn• Aee[ p+W �hY �G SoAU3I VSE V.S.f. ,IAO -Xx OANY'Xf TYPE C & E INLET GRATE DETAIL D 6.1 L T— T— PLAN SECTION ° e yg m o¢a 684 eeg Shw TAr 5EC0ON • sc[ rxwA wwau emx m xa Mix ETAR MC Y Y- .C. Us iWXOnY NOTES, . MLi N BE IY6cA3f nTl [Un'A' ,wn P.S.f. EGHGx[iG i� epq;q CGMCA3 AeE FO[[S ro BE MhvrxnN aF'. z ��• wA co'rca,�rAA mawm cM AaA :mucrvncs m3ai YAUOa A93K M[ TATA IAp}C. x RY e�moxG oE1Ntm Au onwru<c amaewn TYPE C & E INLET DETAIL D 7.1 w Nul it ( NS¢ ), 8-1 STANDARD BEDDING 0 3.1 CERFORATED PIPE TRENCH N.T.S. sama°x33r— � LTN ,T3. ,.eJ,•.,a�xxG�, ,u,�� PERFORATED PIPE TRENCH N.T3 O mAmiwn xa�RnTmeeou mASSw we raos+o m m��'K r. m3nrzrx �r� n�iApm swuow AsmcAna 3r- 5 ffi rt F r_ 1 'c. a F: k WI xl mltEi STABILIZED CONSTRUCTION ENTRANCE DETAIL 09AC 3rd STREET EROSION CONTROL NOTES DETAIL 09.1 INLET FILTER DETAIL D V F�O V TEMPORARY SILT FENCING (TYPICAL) m W", 0. RK RK-16-11, AT H.- 1�'= —AL Hi vpn. ATLACHIN n T FFNCFS WV—, SILT FENCE SILT FENCE INSTALLATION DETAIL D 9-1b INSTALLATION DETAIL D Vo I of 2 Sheet 2 of 2 rl.S I STORY C'S APT. DUILDING ,L OS—.3,j4'e•l4'2 SHED :4 I STOR CBS BUILDING IN 121 F-I U Z9 Z W 0pr, a pry m P4 , z 0 il M C12 Ca ME CRECKRO; M.P. i IT'S THE LAW 1-800-432-4770 SWMK JITAIC ON SCALE: V r 10• — ;4;u, War- 4— j,g�,A— A DAM 12/9/11 JOB NO. SHMT NO. n®vrr � FLOW SM rain K�4mIC DEREK= � .—V " aM— ,, imam La -� m- Mwm Boundary & Topographic Survey for RemIand Commercial aw I twuar �mm-"M�'n° m r.n I�fOiY Tf0lO •TOmnorlsMmmrfM�� m�fgtlMVrmngar. INI�Imll�Yllef MGrmnrblYlnvMn ■pfwiM11r1rR�M�4 +niR'�li�nw"`w�t iMI^M'lalm MmRAtd yMM� M[ r Imb16 mklnC W In �I� nIM¢ �� MRS i 11�I�ml� nrtp �ea"r� TK � �1wr! r4 _ ��1 Al�� i'w.[ NNi[mlNmmlwearM��l." AL nINCEMoR r�MMOrr�i��n�"��.�nm.r M»nr�a�� oarnrr i.¢�u�einonnrr� nr:+e "mrai n nrm v n �aancwn reb. wrsrir+a w�rt� arivnooMM.� M°�°'vn Sob W l�t1i0R' MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THomrsON March 2, 2012 VIA HAND - DELIVERY Ms. Chevelle Nubin City Clerk City of Delray Beach 100 NW 1" Avenue Delray Beach, Florida 33444 LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE I' AvENuE, SurrE C DELRAY BEACH, FLORIDA 33444 Re: NOTICE OF APPEAL FROM SPRAB ORDER DATED FEBRUARY 22, 2012 & INCORPORATED MEMORANDUM OF FACT & LAW DELRAY INN, INC., 297 NE 6TH AVENUE Dear Ms. Nubin: TELEPHONE (561) 265 - 2666 FAcsBm.E (561) 272 - 6831 JLYNNE @ZONELAW.COM WWW.ZONELAW.COM Please accept this letter on behalf of our client, Delray Inn, Inc. ( "Appellant "), as its Notice of Appeal pursuant to the procedures set forth in Section 2.4.7(E) of the City's Land Development Regulations ( "LDR "). The required criteria for an appeal pursuant to LDR Section 2.4.7(E)(2) is set forth below. The required appeal fee in the amount of $375.00 is enclosed. NOTICE OF APPEAL L Identification of the Action Which is Being Appealed. The action being appealed is the Site Plan Review and Appearance Board ( "SPRAB" or the "Board ") Order ( "Order ") dated February 22, 2012, denying the Appellant's application for Class III site plan approval and its landscape plans. SPRAB approved the Appellant's architectural elevations and therefore is not the subject of this appeal. SPRAB rendered its Order on February 22, 2012 (Tab "1 "). Appeal to the City Commission: Delray Inn, Inc. March 2, 2012 Page 2 of 5 2. Identification of Who Took the Action and When It Was Made: The Order was entered by SPRAB on or about February 22, 2012 during its regular meeting. 3. The Basis of the Appeal: SPRAB denied the site plan and landscape plan based upon the proposed use of the Appellant's property located at 297 NE 6th Avenue (the "Property ") as a Non - Residential Licensed Service Provider (i.e., a residential licensed substance abuse detoxification provider) as opposed to the Appellant's failure to meet the technical requirements of the LDR's themselves. 4. The Relief Being Sought: The relief sought is a determination by the City Commission that SPRAB erred as a matter of law by denying the site plan and the landscape plan and to enter an Order approving same. S. The Name of the Appellant and the Appellant's Interest in the Matter: The Appellant is Delray Inn, Inc. and the owner of said Property. MEMORAND UM OF FACT & LAW A. STANDARD OF REVIEW An appeal from SPRAB to the City Commission is conducted as a new evidentiary hearing via de novo review in accordance with the City's quasi - judicial procedures and is not limited to the record below. LDR Section 2.4.7(E). B. STATEMENT OF FACTS (1) The Reasonable Accommodation The Property at issue is located at 297 NE 6th Avenue and is located within a commercially - zoned district on North Federal Highway (the CBD — Central Business District). In June of 2010, Delray Inn, Inc., as owner of the Property, submitted an application to the City seeking a Reasonable Accommodation ( "RA ") to use Property as a Residential Licensed Service Provider, i.e., as a residential substance abuse detoxification services provider, governed by Florida Statute and regulated by the State of Florida, Department of Children and Families Tab «2" ). After review by the City, the RA was approved on August 25, 2010 (Tab `'3"), (2) The Class III Site Plan Application On January 4, 2011, Delray Inn, Inc., submitted its Class III site plan application (the "Application ") to the City to redevelop the Property (Tab "41). The City responded with its technical comments to the Application on February 24, 2011 (Tab '15"), Appeal to the City Commission: Delray Inn, Inc. March 2, 2012 Page 3 of 5 (3) Ordinance 09 -11; 10 -11 In April of 2011, the City passed a series of ordinances redefining the concepts of "Residential Licensed Service Provider" and Non - Residential License Service Provider" as well as creating the new Medical Arts Overlay District. Residential substance . abuse detoxification service providers (which use now fell within the definition of "Non - Residential Licensed Service Providers ") are no longer allowed to be approved for use in CBD -zoned areas Tab 11611). (4) Meetings with City to Confirm Use Appellant met with the City's Planning & Zoning staff in October of 2011 to determine if the Application would be allowed to continue to proceed and whether the use as approved by the Reasonable Accommodation remained valid. The City responded that the Application was still valid; the use still approved; and that the matter could proceed to site plan approval once all of the City's technical comments were addressed. In November of 2011, the Appellant met again with the City's staff and the Planning & Zoning Director to discuss architectural issues relating to replacement of the Property's roof structure and attempts to meet the City's desire to have the redeveloped structure be designed with a more residential look. By February of 2012, the final responses to the City's TAC comments were provided by the Appellant Tab "7). The Application was then deemed complete by the City and the matter was scheduled for hearing before SPRAB on February 22, 2012. (S) Zoning Confirmation Letter At the request of the Appellant, the City issued a zoning confirmation letter on January 23, 2012, confirming that the use as a Non - Residential Licensed Service Provider remained valid through the Reasonable Accommodation (Tab "8"). The City Attorney also confirmed the use was approved so long as the owner and operator of the Property remained Delray Inn, Inc. Tab 11911). (6) The SPRAB Hearin The SPRAB hearing was held on February 22, 2012 Tab "10" . At the hearing, the City's zoning file and staff report on the Project were introduced into evidence by the Planning & Zoning Director, Paul Dorling (Tab 111111). Mr. Dorling made the presentation on behalf of the City and stated that the Appellant's Application, site plan, landscape plan, and architectural elevations met all of the objective criteria for approval established by the LDR's. The Appellant also made a presentation and answered questions posed by the Board members. As a quasi-judicial hearing, the public was then invited to comment upon the Application. The only comments made were statements regarding the current condition of the Property and derogatory comments about the Project's anticipated patients. Assistant City Attorney Terrill Pyburn admonished the Board that the question of "use" was not before the Board for determination; only whether the technical aspects of the LDR for site plans, landscape plans, and architectural elevations had been met by the Appellant. The City's Planning & Zoning Director also confirmed that the use of the Property as a Non - Residential Licensed Service Provider was Appeal to the City Commission: Delray Inn, Inc. March 2, 2012 Page 4 of 5 previously approved in August of 2010 through the Reasonable Accommodation process. (7) Denial of the Site Plan and Landscape Plan; Approval of the Architectural Elevations The Board then closed the public hearing and entered into discussion. A motion to approve the site plan was made. The Board was initially deadlocked on the motion (3 -3) but ultimately voted to deny the site plan on the basis of the anticipated use of the Property as a Non - Residential Licensed Service Provider. The Board also voted to deny the landscape plan with little comment. However, the Board voted to approve the architectural elevations, with the conditions that the Appellant agreed to (Tab "1 "). C. LEGAL STANDARD TO BE APPLIED Local government review of site plans for approval are quasi- judicial in nature and are limited to review as to whether the proposed plan conforms to the specific requirements set forth in the local government's administrative regulations governing improvements to property. Park of Commerce Associates v. City of Delray Beach, 606 So. 2d 633 (Fla. 4th DCA 1992) approved, 636 So. 2d 12 (Fla. 1994); G.B.V. Intern., Ltd. v. Broward County, 709 So. 2d 155 (Fla. 4th DCA 1998) decision approved in part, quashed in part, 787 So. 2d 838 (Fla. 2001)(county commission was required to approve application for plat approval, despite commission's disapproval of city's decision to approve proposed development, where record before commission established that developer had complied with county's land development regulations) (Tab "12 "). D. THE CITY'S SITE PLAN APPROVAL PROCESS Modifications to site and development plans are governed by LDR Section 2.4.5(G), which section identifies five (5) classes of site plan approval (Class I — Class V), depending upon the intensity of the use or the spatial relationship among improvements on the land. The City's Planning & Zoning staff identified the Project as having to be processed as a Class III development approval. Site Plans for Class III development approval are governed by LDR Section 2.4.5(G)(2)(b) ( "Required Information for Class III Site Plan Applications "). The site plan met all required specifications of the LDR, with additional conditions requested by staff (Tab "11 ", Pages 2 — 4) The LDR governing Class III development approval also required the Appellant to submit a landscape plan consistent with the requirements of LDR Section 4.4.16 ( "Landscape Regulations "). The City's Senior Landscape Planner found that the Landscape Plan "generally complied" with the City's landscape regulations but requested additional conditions which were incorporated into the staff report as recommended conditions of approval by staff Tab "11 ", Pages 4 — 5). LDR Section 4.6,18 sets forth the minimum aesthetic standards for all site development, Appeal to the City Commission: Delray Inn, Inc. March 2, 2012 Page 5 of 5 buildings, structures or alterations.' The Planning & Zoning Director determined that the Project met the applicable architectural conditions of LDR Section 4.6.18 (Tab "11 ", Page 5). Last, and pursuant to LDR Section 2.4.5(0)(1)(c), the Application required partial review of the Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G)(5). The Planning & Zoning Director stated that, in staffs opinion, the applicable Performance Standards and "Required Findings" had been met (Tab "11 ", Pages 5 — 8). E. ARGUMENT Iii SUPPORT OF APPROVAL The SPRAB members applied the incorrect law in evaluating the site plan and the landscape plan. The Board voted against the Project based upon the use, rather than upon analysis of the technical requirements of the LDR. All objective criteria of the LDR were met. The use of the Property for the Project had been previously approved through the Reasonable Accommodation process. Therefore, denial of the site plan and the landscape plan constituted legal error. See Park of Commerce Associates v. City of Delray Beach, 606 So. 2d 633 (Fla. 4th DCA 1992), ap rp owed, 636 So. 2d 12 (Fla. 1994). Competent substantial evidence was introduced by the Appellant and by the City's Planning & Zoning Director that the Application and all plans submitted met the City's published criteria for site plan approval; landscape plan approval; and architectural elevation approval. In the absence of competent substantial evidence to the contrary, the site plan and the landscape plan are required to be approved as a matter of law. Broward County v. G.B.V. Intern.. Ltd., 787 So. 2d 838, 842 (Fla. 2001). Respectfully submitted, cc: Brian Shutt, Esq., _City Attorney Terrill Pyburn, Esq., Assistant City Attorney Delray Inn, Inc. 1 LDR. Section 4.6.18(B)(14) establishes the criteria by which SPRAB is to evaluate architectural plans, which are as follows: (1) The plan or the proposed structure is in conformity with good taste, good design, and in general, contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. (2) The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. (3) The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. CITY OF DELRAY BEACH SITE PLAN REVIEW AND APPEARANCE BOARD ORDER In Re: Delray Detox Center 297 NE 6th Avenue ORDER Following consideration of all the evidence and testimony presented at the February 22, 2012 meeting before the Site Plan Review and Appearance Board for the City of Delray Beach and pursuant to Section(s): (PIace an "X" next to all application sections) of the Land Development Regulations of the City of Delray Beach, the Site Plan Review and Appearance board finds that there is ample and competent substantial evidence to support the findings listed above. Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(F.)(3)(a), a decisi Appearance Board may be appealed to the City Commission so lon the City Clerk within ten (10) working days of the action being app"j S Copies to: Weiner, Lynne & Thompson r: \textCrerrill- Sue\SOPS \SPRAQ Order.doc 'Site Plan Review and of appeal is received by and Appearance Board Recommend Recommend Granted Approval to denial to Granted w /Conditions Denied City Commission City Commission Vote 2.4.5(F) (1) (a) Class V; 2.4.5(G) (1) (a) Class 1; _ (b) Class 11; (c) Class 111; _ (d) Class IV; _X 2.4.5(1-1) Landscape Plans; _X_ 2.4.5(1) Architectural Elevations; _ 2.4.7(B) Waivers; Other —'— (Please fill in section) _ —� (PIace an "X" next to all application sections) of the Land Development Regulations of the City of Delray Beach, the Site Plan Review and Appearance board finds that there is ample and competent substantial evidence to support the findings listed above. Pursuant to LDR Sections 2.4.7(E)(1) and 2.4.7(F.)(3)(a), a decisi Appearance Board may be appealed to the City Commission so lon the City Clerk within ten (10) working days of the action being app"j S Copies to: Weiner, Lynne & Thompson r: \textCrerrill- Sue\SOPS \SPRAQ Order.doc 'Site Plan Review and of appeal is received by and Appearance Board MICHAEL WEINER & ASSOCIATES, P.A. ATTORNEYS AT LAW 10 S. E. 1't Avenue, Suite C Delray Beach, Florida 33444 Telephone: (561) 265 -2666 Telecopier: (561) 272 -6831 E -mail: jmankoff(a3zonelaw.com MICHAEL S. WEINER JASON S. MANKOFF June 9, 2010 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Reasonable Accommodation Request for Delray Inn Our File No.: JONH002 Dear Paul: KERRY D. SAFIER Via Hand Delivery On behalf of our client, Delray Inn, Inc., this letter is a written Request for Accommodation pursuant to City of Delray Beach Land Development Regulation ( "LDR ") Section 2.4.7(G). Pursuant to LDR Section 2.4.7(G)(3), this written request is being submitted with a completed reasonable accommodation request form as provided by the City along with Exhibits "1" and "2" to such form. These are all attached to this fetter. Each of the findings pursuant to LDR Section 2.4.7(G)(4), showing that the Applicant and or its residents (collectively "Applicant ") is protected by the FHA and /or ADA in that they are handicapped or disabled has been met. The findings that are met include that a physical or mental impairment substantially limits one or more major life activities. In addition, the Applicant has demonstrated that the proposed accommodation being sought is reasonable and necessary to afford handicapped /disabled persons equal opportunity to use and enjoy housing. We are respectfully requesting that a written determination granting the accommodation request be issued within forty -five (45) days of the date of receipt of this Request for Accommodation. If you should require further information, please let me know. Thank you very much for your assistance in this matter. Vep truly yo s, fJSM as S. Mankoff :aly enclosures cc: Brian Shutt, Esquire (w /enclosures) Mr. Jim Green (w /enclosures) Mr. Harold Jonas (w /enclosures) Michael S. Weiner, Esquire (w /o enclosures) 0:U0NH0021RA RequesUetter to Dorling re reasonable accommodation.June 9 2010.doc City of Delray Beach Reasonable Accommodation Request Form Name of Applicant: Delray Inn, Inc. 2. Telephone Numbcr: (561) 441 -5004 AddrCsc: 297 NE 61h Avenue, Delray [leach, Florida 33483 4. Address of housinl, or other location at which accommodation is requested: 297 NE 611 Avenue. Deiray Beach, Florida 33483 5. Describe qualifying disability or handicap: See Exhibit's' G. Describe the accommodation and the specific regvlation(s) and /or procedure(s) from which accommodation is Sought: This reasonable accommodation request Is from LDR Section 4.4,13(0)(1) and LDR Section 4.3.3(D)(6)(b), 7. Reasons the reasonable accommodation may be necessary for the individual with disabilities to use and enjoy the housing or other service: see Exhibit'2' 8. Name, address and telephone number of representative, if applicable:_.. Michael Weiner & Associates, PA. Attn: Jason S. Mankoff, Esquire, 10 SE 1st Avenue, Delray Beads, Florida, (561) 900.0711 9. Other relevant information pertaining to the disability or property: See Exhlbit'2' Si — ill -/ -- ...6 Rk L� *d: of isabled Individual Datc o entative if applicable, or Qualifying F. "Please return this form to the Planning and Zoning Department located at I OO NW IS` Avenue, Delray Beach, FL 33444 EXHIBIT 441" This reasonable accommodation request is made pursuant to the Fair Housing Amendments Act of 1988 ( "FHA "), which requires reasonable accommodations be made for the handicapped and /or disabled. As a general rule, the FHA makes it unlawful to refuse to make a reasonable accommodation to rules, policies, practices, or services, when such accommodations may be necessary to afford persons with disabilities an equal opportunity to use or enjoy a dwelling. Congress intended the FHA to protect the rights of handicapped persons to live in a residence of their choice in the community. Bryant Woods Inn, Inc. v. Howard County, Md., 911 F.Supp, 918, 946 (D.Md. 1996) (citation omitted), see also City of Edmonds v. Washington State Bldg. Code Council, 18 F.3d 802, 806 (9th Cir. 1994), af'd, 115 S. Ct. 1776 (1995). The FHA prohibits local governments from applying land use regulations in a manner that will exclude people with disabilities entirely from zoning neighborhoods. EXHIBIT "2 JAMES K. GREEN, P.A. TO: City of Delray Beach FROM: James K. Green, P.A. and Michael Weiner & Associates, P.A. DATE: 6.9.10 FILE: JONH002/ Delray Inn RE: Delray Beach Spacing and Conditional Use Requirements for Residential Licensed Service Provider Facility Uses Violate the ADA and FHA Delray Beach's 1200' spacing and conditional use requirements for Residential Licensed Service Provider Facility uses violate the Americans With Disabilities Act (ADA) and the Fair Housing Act (FHA). Delray Inn, which intends to operate as a Residential Licensed Service Provider Facility, can challenge these provisions in court as facially discriminatory. Alternatively, the City has the authority to avoid the necessity of such a challenge by granting a reasonable accommodation to these requirements pursuant to Section 2.4.7 (g) of the City of Delray Beach's LDRs. Title I1 of ADA provides: [N]o qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. 42 U.S.C. §12132. Under the ADA and FHA, local governments are explicitly prohibited from administering zoning procedures in a manner that subjects persons with disabilities to discrimination on the basis of their disability. Innovative Health Systems, Inc. v. City of White Plains, 117 F. 3d 37 (2nd Cir. 1997); 42 U.S.C. Section 3615 ( "any law of a State, a political subdivision, or other jurisdiction that purports to require or permit any action that would be a discriminatory housing practice under this subchapter shall to that extent be invalid [under the Fair Housing Act] "). In addition, the ADA and FHA also require such entities to make reasonable accommodations for people with disabilities. 42 U.S.C. § 1213](2); 42 U.S.C. § 3604(f)(3 )(B).2 Treatment providers such as Delray Inn have standing to raise the ADA and FHA rights of its patients. Andrews v. State of Ohio, 104 F. 3d 803, 807 (6th Cir. 1997); Bay Area Addiction Research and Treatment, Inc. v. City ofAntioch, 179 F. 3d 725, 731 (9th Cir. 1999); Innovative Health Systems, Inc. v. City of White Plains, 117 F. 3d 37, 44 -46 (2nd Cir. 1997). Oconomowoc Residential Programs v. City ofhfilwaukee, 300 F.3d 775, 782 (7th Cir. 2002) ( "The requirements for reasonable accommodation under the ADA are the same as those under the People with disabilities, or their treatment providers, may bring three general types of claims under the ADA and FHA: (1) intentional discrimination claims (also called disparate treatment claims): (2) disparate impact claims; and (3) claims that a defendant refused to make "reasonable accommodations." Orford House - Evergreen v. City of Plainfield, 769 F. Supp. 1329 (D. N.J. 1991) I. The Spacing Requirement Delray Beach LDR Section 2.4.7 (13)(2), which mandates spacing of 1200 feet from schools for substance abuse treatment providers but not other medical providers, unlawfully discriminates against substance abuse treatment providers. Children's Alliance v. City of Bellevue, 950 F. Supp. 1491, 1495 (W.D. Wash. 1997) (1000 foot spacing requirement for group homes for people with disabilities). Differential treatment on the face of the ordinance demonstrates an intent to discriminate, therefore, additional evidence of discriminatory animus is not required. Id. In Larkin v, Michigan Dep't. ofSoc. Servs, 89 F.3d 285 (6th Cir. 1996), the Sixth Circuit held that a Michigan statute preventing licensing of residential facility for retarded adults within 1,500 feet of another similar institution or requiring notification of those residents whose property lines are within 1,500 foot radius of property line of the proposed facility discriminated on its face against disabled persons in violation of Fair Housing Amendments Act (FHAA) and was preempted by FHAA; by its very terms, these statutes applied only to facilities which would house disabled persons and not to other living arrangements and the alleged benign purpose of helping the disabled did not prevent the statute from being discriminatory on its face. In Helping Hand, L.L. C. v. Ball. County, AId., 2005 WL 2453062 * 1 (D.Md. Sept. 30, 2005), Helping Hand was attempting to open a new methadone clinic in Pikesville, Maryland when the Baltimore County Council enacted a zoning law to prevent new state- licensed medical clinics from operating within 750 feet of a residential area. Id. at *5. The defendants contended that Bill 39 -02 was a "legitimate response to community concerns about traffic and congestion that could serve a large number of clients." Id. at * 18. The court found that the enactment of the emergency bill in the wake of community opposition to Helping Hand and the narrow tailoring of the bill indicates that the bill was likely not drafted to alleviate general concerns about parking congestion or disruption to residential neighborhoods, but rather to prevent Helping Hand from providing services to its disabled clients. Id. at *19. H. The Conditional Use Burden Ordinances that apply only to individuals with disabilities are facially discriminatory, Bangerter v. Orem City Corp., 46 F.3d 1491, 150001 (10th Cir. 1995) ( "Here, the Act and the Orem ordinance facially single out the handicapped and apply different rules to them. Thus, the discriminatory intent and FI IAA. "); Bay Area Addiction Research and Treatment, Inc. v. City ofAntioch, 179 F.3d 725, 731 (9th Cir, 1999) (noting that Congress has instructed that both acts are to be interpreted consistently). Generally the same principles governing interpretation of the ADA apply to the FHAA and vice versa. purpose of the Act and Ordinance are apparent on their face. ") Thus, it is unlawful for a local government to treat a substance abuse treatment program differently from other health or medical care services. If health or medical services are permitted in certain zoning districts, those same zoning districts should permit substance abuse treatment facilities. This is considered facial discrimination and /or disparate impact discrimination. Pathways v. Town ofLeonardtown, 133 F. Supp. 2d 772, 777 -78 (D. Md. 200] )(defendants' interpretation of a psychiatric rehabilitation program as a "school" or "adult day care facility" instead of an "office" and/or "medical office" raised a triable issue of fact that the Commission's decision was due to impermissible discrimination); Smith -Berth v. Baltimore County, fib F. Supp. 2d 602, 621 -23 (D. Md. 1999) and 115 F. Supp. 2d 520, 524 (D. Md. 2000) ) vacated on other grounds, Smith- Berch, Inc. v. Baltimore County, 64 Fed.Appx. 887 (4th Cir.2003)(imposing a hearing requirement on a methadone facility whereas no such requirement was imposed on other medical facilities had a discriminatory impact on programs for people with addictions and was therefore a violation of federal law). While the City of Delray Beach's LDRs use the terms "Residential Licensed Service Provider Facility" and licensed by "Chapter 397" as opposed to "substance abusers" or "alcoholics" to regulate this use, those terms, even if facially neutral, do not insulate the City because the former terms allow for discrimination by proxy. In McWright v. Alexander, 982 F.2d 222 (7th Cir.I992), the Seventh Circuit explained how language appearing neutral at first blush can nonetheless reflect discriminatory intent. In Mc Wright the court pointed out that tenns such as "gray hair" are proxies for old age; thus laws using such language can be facially invalid even without explicitly naming the elderly. Id. at 228; see also Alliance for the Mentally Ill v. City of Naperville, 923 F.Supp. 1057, 1071 (N.D.Ill.1996) ( "It is true that the RBCO provisions of the LSC apply to buildings that provide personal care services, rather than buildings that house handicapped persons. However, this is a distinction without a difference, since individuals who need personal care services are typically handicapped. "). In any event, the City's reference to Chapter 397 licensure is not facially neutral because it applies only to substance abuse treatment facilities. Nowhere in the City are Residential Licensed Service Provider Facility uses permitted uses whereas medical offices or medical offices and clinics are permitted uses in various districts. E.g. LDR Section 4.4.29 Mixed Residential, Office And Commercial (MROC) District; LDR Section 4.4.18 Planned Commerce Center (PCC) District; LDR Section 4.4.19 Mixed Industrial and Commercial (MIC) District; LDR Section 4.4.16 Professional and Office (POD) District; LDR Section 4.4.17 Residential Office (RO) District; and LDR Section 4.4.9 General Commercial (GC) District. In each of these zoning districts, which permit medical uses, Residential Licensed Service Provider Facility uses are either conditional or excluded . 3 Thus, the fact that Residential Licensed Service Provider Facility uses are either conditional or excluded while comparable medical offices are permitted uses is facially discriminatory. III. The City Has an Affirmative Duty to Make Reasonable Accommodations in Order to Treat Uses for People with Disabilities Comparably with Similar Other Uses In LDR Section 4.4.21 Community Facilities (CF) District, public health facilities are permitted; Residential Licensed Service Provider Facility uses are conditional. Under the Fair Housing Act, local governments have an affirmative duty to make reasonable accommodations in order to afford persons with disabilities the equal opportunity to live in the housing of their choice, which includes single - family neighborhoods. Hovsons v. Township of Brick, 89 F.3d 1096, 1104 (3 "' Cir. 1996). This means that municipalities must "change, waive, or make exceptions in their zoning rules" to offer people with disabilities the same opportunities as those without disabilities. Id. See also, Cmly. Servs. v. Heidelberg Twp., 439 F. Supp. 2d 380, 398 (M.D. Pa. 2006)( "Accordingly, a special exception or a variance is necessary to achieve an equal opportunity for the prospective residents to reside in any district in the Township. Clearly, plaintiffs requests for a variance and special exception, or for its proposed use to be classified as a "family," were necessary. And the record before the Zoning Board is devoid of any evidence that the requests were unreasonable. "); Dr. Gertrude A. Barber Cir., Inc. v. Peters Twp., 273 F. Supp. 2d 643, 654 (W.D. Pa. 2003)( "We specifically reject defendants' argument that they would consider granting a request for a special exception to operate a personal care home, which, under the Ordinance, would have to be located on a Iot of at least one acre. This alternative is not a reasonable accommodation, since it would preclude the Barber Center's residents from living in the home and neighborhood of their choice. "); Oconomowoc Residential Programs, 300 F.3d at 787 ( "A variance was absolutely essential for the plaintiffs to have the equal opportunity to live in a residential community. "); Corporation of the Episcopal Church v. West Valley City, 119 F. Supp. 2d 1215, 1 222 (D. Utah 2000)( "Therefore, the court finds that Defendants denial of Plaintiffs' permit violates 42 U.S.C. § 3604(f)(3)(B). The court will grant Plaintiffs motion for summary judgment in so far as the City has an obligation to make a reasonable accommodation and has failed to do so. ") In this matter, the City has a duty to grant Delray Inn a reasonable accommodation from the City's spacing and conditional use requirements. IV. Conclusion While we are confident a federal court would find the Delray Beach spacing and conditional use requirements violative of both the ADA and FHA, we respectfully submit that the best way for all parties to resolve this matter is to grant Delray Inn a reasonable accommodation allowing it to operate as a Residential Licensed Service Provider Facility with 18 beds. DELRAY BEACH Ail- America City t< fY 1993 2001 'I CC! N IN I s I AVENUE= tDELRA`:.' BEACH. FLORIDA 334.74 Wi243- '7fs00 August 25, 2010 Jason S. Mankoff, Esquire Weiner & Associates, P.A. 10 S.E. 15` Avenue, Suite C Delray Beach, FL 33444 Re: Reasonable Accommodation Request — For Delray Inn from LDR Section 4.4.13 (D) (1) and LDR Section 4.3.3(D) (6) (a). Dear Jason: We are in receipt of your Reasonable Accommodation Request dated June 9, 2010 and the additional information received on July 20, 2010 for the Delray Inn. Based on the information you provided your Reasonable Accommodation Request is to seek relief from LDR Sections 4.4.13(D)(1)and 4.3.3(D)(6)(a). After careful consideration both of these Reasonable Accommodation Requests are hereby granted. These accommodations are limited to the specific LDR sections mentioned above and do not excuse this development proposal from going through other reasonable approval processes. This would include any related development processes including a change of use site plan application, site plan modification request, etc. Further, regardless of the number of times the property is leased or rented per year a landlord permit may also be required (pursuant to Ordinance No. 30 -09). If you have any questions relating to these requirements feel free to contact me at 243- 7043. Sincerely, Paul Dorling, AICP Director of Planning and Zoning PD:dav cc: Brian Shutt, City Attorney Terrill Pyburn, Assistant City Attorney SERVICE . PERFORMANCE ' NT? GRi -rY " RESPONSTPLE ° INNOVATIVE ° TE AMWGRI�' MICHAEL S. WEINER JEFFREY C. LYNNE KMU C. TANIS LAURIE A. THOMPsON, P.A. OF COUNSEL January 4, 2011 LAM7 OFFICES WEINER & LYNNE PROFESSIONAL ASSOCIATION 10 SE I" AVENUE DELRAY BEACH, FLORIDA 33444 Mr. Paul Dorling Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Class III Change of Use for Delray Detox Center Our File No.: JONH002 Dear Paul: TELEPHONE (561) 265 - 2666 FACSLMLI.E (561) 272 - 6831 JLYNNE @ZONELAW.COM W W W.ZONEL.AW.COM VIA HAND DELIVERY Enclosed please find the completed Class III Change of Use Application ( "Application) for the Delray Detox Center located at 297 NE 61h Avenue. This is being submitted pursuant to the approved Reasonable Accommdation received from the City of Delray Beach on August 25, 2010. The following has been submitted as part of the Application: 1. A check for the processing fee in the amount of $580.00; 2. A Certificate of Title dated October 13, 2009 prepared by Delray Title and Abstract Company; 3. The Owner's Consent, Owner's Designation of Agency and Resolution; 4. A Vicinity Map located on the survey; 5. Three (3) copies of the traffic study (please note that an additional copy of the traffic study has been forwarded to the Palm Beach County Traffic Division along with the appropriate fee for their review); 6. Six (6) copies of the site plan/floor plan and survey together with one (1) 11 "x17" reduced copy along with a CD of the plans in pdf format; and 7. Letters sent to each of the Utility Providers along with the Notification of Utility Provider Form. 0:\J0NH002 \C1ass III Site Plan \Letter to Dorling re submittal..lan 4 201 I .docx Mr. Paul Dorling January 4, 2011 Page 2 Please advise if this matter can be approved administratively pursuant to the City's Reasonable Accommodation process. If you should have any questions, please contact me. Very Truly Yours, JEFFREY C. LYNNE JCL: alv enclosure cc: Mr. Harold Jonas (w/ enclosures) 0:VONH002 \Class iii Site Plan\i.etter to Dorling re submittal.Jan 4 201 l.docx CITY OF DELRAY BEACH PLANNING AND ZONING DEPARTMENT APPLICATION FOR SITE PLAN APPROVAL Project Name: Delray Detox Center Address or General Location: 297 NE 6" Avenue Brief Description of Project: Change of use from a motel to a residential licensed service provider. PART ONE - APPLICANT INFORMATION: APPLICANT Name: DELRAY INN, INC. Address: 297 NE 6th Avenue Delray Beach, Florida 33483 Telephone Number: (561) 265 - 2666 E -Mail /Fax: jlynne @zonelaw.com AGENT Name: Weiner & Lynne, P.A. Address: 10 SE 1St Avenue, Suite C Delray Beach, Florida 33445 Telephone Number: (561) 265 - 2666 E -Mail /Fax: jlynne @zonelaw.com OWNER (if other than applicant) Name: Same as Applicant. Address: Telephone Number: E -Mail /Fax: -2- PART TWO - PROPERTY INFORMATION: Property Control Number: 12- 43- 46 -16 -01 -114 -0010 Legal Description (attach separate sheet if necessary): Lots 1 and 2, Block 114, Map of the TOWN OF LINTON, a subdivision of the City of Delray Beach, Florida, according to the Plat thereof, on file in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, recorded in Plat Book 1, Page 3; less the West five feet (51) thereof and that certain parcel described by metes and bounds set forth in the Special Warranty Deed to the State of Florida dated November 19, 1959, and recorded in Official Record Book 433, Page 147, Public Records of Palm Beach County, Florida. Zoning District .A Future Land Use Map Designation CC Size of Property: +/- 15,855.84 sq. ft. +/- 107.17' to +1- 122.40' width +/- 107.17' frontage Existing Use of Property Motel. -3- +1-0.364 acres +/- 114.77' to depth +/- 130.00' PART THREE - DESCRIPTION OF PROPOSED USE Describe in detail the proposed project and indicate if there is to be any phasing of the improvements: This request is to convert the existing use from a transient motel to a residential licensed service provider (see attached City of Delray Beach "Reasonable Accommodation Approval Letter" dated August 25, 2010). The medically managed treatment center at the property is designed to accommodate persons seeking residential detoxification services from addiction to substances. It will provide 24 hours supervised care at the highest level available. The goal of the change of use is to create an environment where patients can obtain life stability and then move on to more independent living. As such each person admitted will be provided an individualized treatment program designed to meet their needs. Lengths of stay will vary with each person. It is also anticipated that the Delray Detox Center will provide additional services such as outpatient counseling for those that are able to maintain stable in supportive, drug free housing. -4- REVISED 12/9/11 PART THREE - DESCRIPTION OF PROPOSED USE Describe in detail the proposed project and indicate if there is to be any phasing of the improvements: This request is to convert the existing use from a transient motel to a residential licensed service provider (see attached City of Delray Beach "Reasonable Accommodation Aaaroval Letter" dated Auaust 25. 2010). The architecture of the Delray Inn Patient Facility will incorporate a Caribbean inspired design. The focal point will be the existing courtyard area which is going to be enclosed with a new low privacy wall that incorporates wood gates, accent lighting, and exterior fireplace. The building itself is to have a completely new sloped standing seam metal roof to give the building a more residential feel. New windows with shutters as well as French style doors will further enhance the new residential feel. As for the site, the Parking along US -1 will be moved toward the alley side of the building and the parkin lot will be replaced with new landscaping to create a scenic buffer between the street and the building. Finally, all of the parking is to be completely updated with paving and striping with a new five (5)' sidewalk to surround the updated facility. The medically managed treatment center at the property is designed to accommodate persons seeking residential detoxification services from addiction to substances. It will provide 24 hours supervised care at the highest level available. The goal of the change of use is to create an environment where patients can obtain life stability and then move on to more independent living. As such each person admitted will be provided an individualized treatment program designed to meet their needs. Lengths of stay will vary with each person. It is also anticipated that the Delray Inn Patient Facility will provide additional services such as inpatient counseling for those patients that are undergoing the detoxification process. There will not be any phasing associated with this project. � �Rt b BELRRq .y gg = t DELRAY BEACII All - America City February 24, 2011 .. _... ._ .._.... ._. Mr. Jeffrey C. Lynne Weiner & Aronson. P.A. 10 SE I" Avenue, Suite C Delray Beach, Florida 33444 RE: Delray Detox Center — C'ass III Site Plan Proje st Transmittal Letter. Dear Mr. Lynne: This letter is being provided to you as the designated agent for the above referenced project. Your submittal has been reviewed by the various City departments for technical compliance. While the submittal is adequate for review, we have identified several deficiencies, a number of which will require revision of the plans. Attached is a copy of comments which are a result of staff's review of the proposal. Next Steps Please provide a response to the attached comments through the provision of requested information, revisions to the appropriate plan and written material. Also, please submit eight (8) full -size (24" by 36 ") sets of copies (signed and sealed by the appropriate professional) of the site plan, floor plan, landscape plan, and building elevations (in color only the elevations) and any other plan contained in your submittal collated and folded by March 7, 2011. In addition, provide a CD with digital PDF files containing 8.5 by 11 size of each plan submitted, including the color elevations and a color picture of the adjacent buildings to the site (streetscape picture). Your item has been tentatively scheduled for the Site Plan Review and Appearance Board (SPRAB) meeting of March 23, 2011. Please be advised that you need to resubmit your proposal on or before March 7, 2011 in order to keep your tentatively scheduled date for the Site Plan Review and Appearance Board meeting of March 23, 2011. Should you have any questions regarding this information please feel free to contact me, at (561) 243 -7040. Sincerely, Estelio Breto Senior Planner Enclosures 4�RA Z Planning & Zoning Department tom` QV 0 R A , TO: Weiner and Lynne, P.A. FROM: Estelio Breto, Senior Planner DATE: February 2, 2011 RE: Delray Detox Center Technical Comments. CLASS III SITE PLAN Modification The following items have been identified by the Planning and Zoning Department: 1. At its meeting of July 19, 2004, the City of Delray Beach Board of Adjustment granted variances from Sections 4.6.9 (E) (1) and 4.6.9 (D) (2) of the City's Land Development Regulations to relocate back -out parking which exists along northbound Federal Highway to NE 3`d Street. 2. At its meeting of October 13, 2004, the Site Plan Review and Appearance Board ( SPRAB) approved and the Planning Department certified, a Class II site plan modification which included: a) Removal of the seven (7) existing back -out parking spaces (6 standards and 1 handicap parking space) along the west side of the property (northbound Federal Highway) and replace this area with landscaping. The site plan submitted depicts eight parking spaces located along NE Federal Highway and no landscape area is being provided. Please revise the site plan submitted to comply with this SPRAB requirement and in accordance with the variances granted by the City of Delray Beach Board of Adjustment on July 19, 2004; 3. Pursuant to LDR Section 2.4.3 (B) and (C), please submit a landscape plan depicting any existing and proposed landscaping area. In addition, please extend the required hedge along the east and west side of the back -out parking row adjacent to NE 3`d Street to provide screening for the vehicular use area, and that the hedge is kept below 36" in height and is not planted closer than six (6') feet from the edge of the road; 4. Please include in your site plan, a site data table indicating total square footage of the building to be converted to residential license provider, percentage of open space, depict dimension for all required setbacks, parking spaces required and provided, square footage for each type of bedroom provided, lot size, building floor area, etc. 5. Please provide additional wall mounted light fixtures (similar to the existing ones) along the east and north side of the property in compliance with LDR Section 4.6.8. You may need to provide architectural elevations to indicate wall mounted light fixtures. 6. Please depict the dumpster on the site plan and landscape plan. A detailed plan which identifies the height, screening materials, and gating to be used for the dumpster enclosure shall be also provided. Also make sure that the dumpster enclosure is setback at least 15' from the alley or re- oriented so it does not encroach into the sight visibility triangle; Pursuant to LDR Section 4.6.14 (13)(1), Driveway Intersecting Street or Alley: The area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right -of -way and the third side being a line connecting the ends of the other two lines. 7. Pursuant to LDR Section 4.6.14 (B),(2), Alley Intersecting Street: The area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right -of -way, a length of twenty (20) feet along the street right -of -way, and the third side being a line connecting the ends of the other two lines. Please depict the visibility triangle for the intersection of the west alley and NE 3rd Street. 8. Pursuant to LDR Section 4.6.14 (B),(3), Rights -of -Way Intersecting in Central Business District: Within the Central Business District (CBD), the area formed by the intersection of two or more street rights -of -way with two sides of the triangular area being twenty (20) feet in length along each street, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. Please depict the visibility triangle for the intersection of NE 6 Avenue and NE 3rd Street. 9. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may grant reductions in right -of -way widths or require dedication for right -of -way widths. 10. The subject property abuts an alley to the east. Pursuant to LDR Section 5.3.1(D)(2), the required alley width is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The existing alley adjacent on the east side of the subject property is 16' wide. The project proposal was taken to the DSMG meeting on February 17, 2011. The DSMG group determined that the subject property needs to dedicate two feet (2') r -o -w along the east alley. This R -O -W dedication shall be depicted on the site plan, landscape plan and engineering plans and shall be executed via deed agreement between the property owner and the City of Delray. The deed agreement shall be recorded with Palm Beach County Office Record prior to site plan certification. 11. Improvement Obligations: Pursuant to LDR Section 6.1.2 (A)(2), when a street or alley is located on a boundary of the project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. The applicant will be responsible for the improvement of the alley along its property line, Please see attached email from Mark McDonnell and the DSMG Group date February 23, 2011 or talk to The Assistant City Engineer regarding the alley improvements. Please provide plans depicting the improvements to the alley so that engineering technical comments can be generated for you. 12. Pursuant to LDR Section 4.6.6(D)(8)(d), handicapped parking spaces shall be paved and properly marked in the rear of the property. A paved route shall be provided between the handicapped parking space and the building entrance. Where an abrupt grade change occurs, as between the surface of the parking area and a curb cut, a ramp shall be provided for handicap access. The ramp or curb cut with ramp shall be designed in accordance with the Florida Accessibility Code for Building Construction. [Amd. Ord. 46 -96 11/5/96]. Please revise your site plan to meet this LDR requirement. 13. Pursuant to LDR Section 4.6.6(D)(8)(a), all parking lots and parking spaces, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. The parking area adjacent to the rear east alley and NE 3rd Street needs to comply with this LDR requirement. 14. Pursuant to LDR Section 4.6.6(D)(8)(f), parking lots, parking spaces and driveways that exist at the time of adoption of this ordinance that are not in compliance with Section 4.6.9(D)(8) shall be required to come into compliance with this section within 3 years of the adoption of this ordinance. This includes, but is not limited to, all duplexes, multi - family, and commercial property, but excludes single family homes. [Amd. Ord. 29 -01 5/15101]. The parking area adjacent to the rear east alley and NE 3`d Street needs to comply with this LDR requirement. 15. Please make sure that the sight visibility triangles are depicted at all intersections on the development plans. 16. Pursuant to LDR Section 4.3.3(D)(2) and the Standard Housing Code, Section R304.1, Minimum Room Area: every dwelling unit shall have at least one habitable room that shall have not less than 120 square feet (11 m2) of gross floor area. Please make sure that this code requirement is met. Depict in your site data table the required and provided square footage for each proposed room. 17. Pursuant to the Standard Housing Code, Section R304.2, Other Rooms: other habitable rooms shall have a floor area of no less than 70 sq. ft. (6.5 m2). Please make sure that this code requirement is met. 18. Pursuant to the Standard Housing Code, Section R304.3, Minimum Dimensions: habitable rooms shall not be less than 7 feet. Please make sure that this code requirement is met. 19. Pursuant to LDR Section 4.3.3(D)(2)(b), at least 10% of the total floor area shall be devoted to a common area, exclusive of halls, corridors, stairs, and elevator shafts, wherein a variety of recreational or therapeutic activities may occur. Please provide a dimension floor plan for the facility clearly depicting such recreational or therapeutic area and its total square footage in relation to the total floor area for the project, all dimensioned bedrooms, hall ways, etc.. 20. Pursuant to LDR Section 4.3.3(D)(4), Residential Licensed Service Provider Facilities shall have building elevations which are residential in character and similar in appearance to the surrounding neighborhood. They shall not be institutional in appearance. Please provide architectural elevations that show compliance with this LDR requirement. 21. Pursuant to LDR Section 4.6.5(D), fencing that is greater than 75% opaque and located in front and street side yards shall also be screened by hedging which is to be maintained at the full height of the fence. Please include this required screening hedge for that portion of the proposed 6' high shadow box wood fence which is to be located along NE Federal Highway and NE 3`d Street. 22. Within that portion of the CBD bounded by Swinton Avenue on the west, N.E. 2nd Street on the north, the Intracoastal Waterway on the east and S.E. 2nd Street on the south, the parking requirements for all non - residential uses, except restaurants, hotels and motels, and business and professional offices, shall be one space for each 300 square feet of gross floor area or fraction thereof. Within all other geographic areas of the Central Core and Beach Area within the CBD Zone District, the provisions of Section 4.6.9(C) shall apply. The project is not located within this portion of the CBD described above, and thus, item #22 below applies. 23. Pursuant to LDR Section 4.6.9(C)(7)(b), Residential Licensed Service Provider Facilities, shall provide one space for each four beds. Please indicate in the site data table the total number of beds being proposed per each bedroom. Parking requirement will be a function of the total number of beds being proposed. 24. Please provide a CD with PDF files containing 8.5 by 11 size of each plans submitted, including color elevations. The digital copy must be in a PDF format. In addition, The SPRAB Board now requires that the applicant includes a color picture of the adjacent buildings to the site (streetscape picture). Please do not provide any transparencies. These items shall be provided with the submittal of revised plans addressing technical comments for Board review. 25. Please submit eight (8) full -size (24" by 36 ") sets of copies (signed and sealed by the appropriate professional) of the site plan, landscape plan, and building elevations (in color only the elevations) and any other plan contained in your submittal collated and folded. 26. Please provide with your next submittal, a response letter with a detailed description of how each of these comments has been addressed and include a reference sheet number for accurate and expeditious review. Breto, Estelio From: McDonnell, Mark Sent: Wednesday, February 23, 2011 10:25 AM To: Breto, Estelio Cc: McDonnell, Mark Subject: RE: Detox Center EB- The project will require dedication of 2 feet of alley right of way, and also require improvements to allow use of the alley for access. Please let me know if you have any questions. Mark McDonnell, AICP Assistant Director, Planning and Zoning Dept. City of Delray Beach 100 NW 1st Avenue Delray Beach, FL 33444 P* 561-243-7046 F* 561-243-7221 E* mcdonnell(aDmydelraybeach.com From: Breto, Estelio Sent: Friday, February 11, 2011 12:11 PM To: McDonnell, Mark Subject: Detox Center Mark: Could you please take the Delray Detox Center project to the DSMG meeting for consideration of alley right -of -way dedication and improvement obligations. Project Description: Class III, Site Plan, Landscape Plan and Architectural Elevations Associated with the conversion of the existing transient motel use (Delray Inn Motel) to a residential licensed provider. A facility to accommodate persons seeking residential detoxification services from addiction to substances. Lengths of stay will vary depending on patients need. Outpatient counseling will also be provided. Project Location: 297 NE 6th Avenue to the south of SE 5th Street. West Alley: Pursuant to LDR Section 5.3.1(D)(2), the required alley width is 20'. The existing alley adjacent on the west side of the subject property is 16' wide (per current survey). In order to provide adequate maneuvering area within this alley a dedication of 2' or more may be required. Improvement Obligations: Pursuant to LDR Section 6.1.2 (A)(2), when a street or alley is located on a boundary of the project, the project is responsible for providing one -half of the current costs (in cash funds) of such improvements along its property line. Improvement obligations for the proposed project may be required. NE 6th Avenue: Pursuant to Table T -1 of the Transportation Element of the Comprehensive Plan the ultimate right -of- way width for NE 6th Avenue (Minor Arterial - State Northbound) is 60' and 60' of paved right -of -way currently exists (per current survey), and thus, no r -o -w dedication is required along NE 6 'h Avenue TO: FROM: A RE: DATE: I- Community Improvement Peter Anuar, Senior Landscape Planner Estelio Breto, Senior Planner Peter Anuar DELRAY DETOX CENTER — CHANGE OF USE February 17, 2011 DELRAY BEACH All- AnwicaCity 1 I GW I I 1993 2001 I have reviewed the SITE PLAN for the above - referenced project. LANDSCAPE PLANS were not submitted as part of this package. The following comments have been generated: 1) All parking rows are required to terminate with a landscape island that is 5' minimum in width and has 75 square feet of planting area. All islands are required to contain at least one (1) canopy tree that is 12' in height. There are a total of four (4) landscape islands that are missing. Show this on landscape plan. 2) Upon review of the Conditions of Approval required by SPRAB back on 10 -13 -2004, the back -out parking along the east side of the property (adjacent to NE 6'h Avenue) was to be completely removed and replaced with landscaping. This is not shown on plan and is still required. In fact, a landscape plan by Dan Carter was submitted in December of 2004 addressing the above SPRAB comment and appears to be acceptable. 3) The proposed shadowbox fence will require plant screening. This will be difficult as there is no room for planting. I would advise to switch to a different fence material that would be exempt from the requirement of plant screening. Such example would include aluminum rail fencing. 4) An updated landscape plan, signed and sealed by a Registered Landscape Architect, is required for this submittal addressing the above comments. Show all existing material and label accordingly. 5) An irrigation plan will be required during the building permitting phase. Cc: Al Berg T.A.C. Yo: ?LnVLV'.LO'L3 0VLd ZOKuLvue (EsteUo greto) From: PhU Etr'KsovL, Stru.OtkrolL PLclVt. R.evLeW Date: 02.1=.11 Re: 297 N.E. 6th AVENUE Comments pursuant to the plans provided for the above referenced project as reviewed through the Technical Advisory Committee (TAC) process, are as follows: ACCESSIBILITY Location of Parking Spaces: Locate space chose to eVLtraVLGe ❖ Number of Parking Spaces: OM space Path of Travel: ShoYtest route tD ev'.traVLGe (2) Misc. Facilities: Toi let rooK S VLDt ShoWVL General: R.DOVVt.S /Spaces to be access b,e USE AND OCCUPANCY Classification /Construction Type: Not Wewt� f ed (VLot 1 -2, Detax) ee Occupancy (Tenant) Separation: OVLe hour betWeevL tevLaVLts General: N/C a GENERAL BUILDING HEIGHTS AND AREAS Group: ( ?) Height: Not SpCOi feed, eK�Sti, ,D b", LA o 1 s Area: Not sper,, f'O TYPE OF CONSTRUCTION Type Required (Minimum): Not Specs fi eol, aoKApLi With table 503 Fire Sprinkler System Required: Yes Tenant Separation: Ovue hour General: NC, MEANS OF EGRESS .• Location of Stairs: Not ShoWvt, Handrails: N /A .• Exit Discharge; Not ShoWv�. Travel Distance: Not ShoWo, o Corridors: N/A Exterior Stairs: N/A General: N/C OVERVIEW: 'PU2 v�,sproVW0 a reprel,ivv.iv,2rU avt.cl add�t�o ow? L comvvt.evtts wtai be fovthcovk.i Ke. DeterMt RtiovL, RvOer avt, occupawa� clRssi fzka ova, of 1 -z avtct other thavt, "petox" is vuecessariu. NSF -Not AppUr,QbLe NC—No Comlwt.evut NR.-Not R.evi.6W0 • Page 2 Oxidizers. Clas, 2 Oxidizers, Class 3, that are used or stored in normal]) closed containers or systems pressurized at 15 pounds per square inch gauge (103 kPa) or less Oxidizing gases Unstable (reactive) materials, Class 2 Wat'r- reactive materials, Class 2 [F) 307.6 kfigh- hazard Group H -4. Buildings and structure which contain materials that are health hazards shall be classi Pied as G Troup H -4. Such materials shall include, but not be lim iled to, the following: Con osives Highly toxic materials Toxic materials [F] 307.7 High- hazard Group H -5 structures. Sem;conductor fabicaiion facilities and comparable research and development areas in which hazardous production materials (HPM) are used and the aggregate quantity of materials is in excess of those listed in Tables 307.1(1) and 307.1(2) shall be classified as Group H -5. Such facilities and areas shall be designed and constructed in accordance with Section 415.8. [F] 307.8 Multiple hazards. Buildings and structures contain- ing a material or materials representing hazards that are classi- fied in one or more of Groups H -1, H -2, H -3 and 1-1 -4 shall ronforni to the code requirements for each of the occupancies so classif ed. SECTION 308 INSTITUTIONAL GROUP I 308.1 Institutional Group I. Institutional Group 1 occupancy include:;, among others. the use of a building or structure, or a poriion thereof, in which people are cared for or live in a super- vised environment, having physical limitations because of health or age are harbored for medical treatment or other care or treatment, or in which people are detained for penal or correc- tional d-ft ses oir,;u�yhic -lih l'f of the occupants n I resni�teefi'7TtstiW.f nal oc noes shal dsstfie �rnun 308.2 Group I -1. This occupancy shall include buildings, struc- tures or parts thereof housing more than 16 persons, on a 24 -hour basis, who because of age, mental disability or other reasons, live in a supervised residemal environment that pro- vides personal care services. The occupants are capable of responding to an emergency situation without physical assis- tance from staff. This group shall include, but not be limited to, the following: Residential board and care facilities Assisted living facilities Halfi +ay houses Group homes Conk regarc care facilities Social rehabilitation facilities Alcoiol and drug centers Comyalescent facilities i facility such as the above with five orfewer persons shall be I I classified as a Group R -3 or shall comply with the Florida Build- USE AND OCCUPANCY CLASSIFICATION ing Code, Residential in; ccordance with Section 101.2. A facil- ity such as al: hog t,.itw t sl f{-�t ire than 1 C per - ,a0IS" SW be class 1­,d ;,s Group 4. 308.3 Group I -2. Tl :is occupancy shall include buildings an) strictures used for medical, surgical, psychiatric, nursing or cus- todial care on a 24 -hour basis -:'Or more than five persons who are not capable of self- preservation. This group shall include, but not be limited to, the following: Hospitals Nursing homes (bosh hitermediate care facilities and skilled nursing "aci.i ties i Mental hospitals Detoxification facilities facility such s the al. classi roup - ing Code, Residential, with the Fl ,)rid-,? Build- I I 308.3.1 Child cart- fas:ility' A child care facility that provides care on a 24 -hoar basis; to more than five children 21/2 years of age or less shall be classified as Group 1 -2, 308.4 Group I -3. This cccupancy shall include buildings and structures that are inhabited by more than =tve persons who are under restraint or security, An 1-3 facility is occupied by persons who are generally incapal:rie of self- preservation due to security measures not under the ;occupants' control. This group shall include, but not be limited to, the following: Prisons Jails Reformatories Detention centers Correctional centers Prerelease centers Buildings of Group 1 -3 shall.be classified as one of the occu- pancy conditions indicated in Sections 308.4.1 through 308.4.5 (see Section 408.1). 308.4.1 Condition 1. '(his xcupancy condition shall include buildings in which fie,; movement is allowed from sleeping areas, and other spaces -.01c re access or = upancy is permitted, to the exterior via mean:: of egress without restraint. A Condition I facility is permitted to be constructed as Group R. 308.4.2 Condition 2. 'llnis occupancy condition shall include buildings in which fir,: movement is allowed from sleeping areas and any other occupied smoke compartment to one or more other smoke compartments. Egress to the exterior is impeded by locked :xit.;. 308.4.3 Condition 3.71his occupancy condition shall include buildings in which free movement is allowed within individual smoke compartments, •.uch as within :r residential unit com- prised of individual slt!epinl units and group activity spaces. where egress is impedes I by remote - controlled release of means of egress from sucl a smoke compartment to another smoke compartment 308.4.4 Condition A. This occupancy condition shall include buildings in which free movement is restricted from an occu- pied space. Remott - controlled release is provided to permit movement from sleer•. ng units, activity spaces and other 2007 F ORIDA Bl7itMM'19CODE— BUILDIN6"---� �` �� 3.11R "Design -Out Crimel" 'r Since 2004 CPTED Review for: Proposed `Delray Detox' project, formerly, 'The Delray Inn', 297 NE 6t" Avenue Provided by: Officer Greg Wesner, CPTED Practitioner February 13, 2091 Overview: The proposal calls for the current hotel to be converted into a residential rehabilitation facility. The building itself sits along the downtown's main North bound Federal Hwy corridor. The hotel has operated under a number of different names (i.e.: 'The Amigo Hotel', until the early 1990's); has an extensive history of police activity due as the result of criminal activity ranging from narcotics to prostitution. It appears that the court yard area on the South side is currently being used in conjunction with the business next door, KoffeeOkee at 271 NE 6'" Avenue. The faces of those two buildings are just 9.5 feet apart. Chairs and tables in this space are set up to facilitate 'support groups', primary one called, 'Sober.com'. The rear of the site uses the city's alleyway as the approach for several parking spots. This alley is narrow and the East side adjacent properties are residential lots. This CPTED review is based upon the proposed plans for the site, CPTED standards for Lighting, Natural Surveillance, and Natural Access Control, Delray Beach Police Department Records, and one daytime visit to the area. Lighting: The proposal does not include a 'Photometric Study'. or a 'Lighting Plan'. The exterior lighting on West, North and East sides of the building are antiquated and fail to take into effect that the quality of light is as important as the amount of Foot Candles [fc] that luminaries provide. Currently the front, West, side of the building contains only two dual flood lamps which are mounted over the entrances of rooms 1, and, 4. The North side and the East alleyway exposures contain single street lamp style fixtures. All three of these sides should receive pole mounted shoebox style fixtures. Furthermore, the close proximity of the building to the narrow alleyway will make it important that fc levels do not negatively impact the privacy of the residents on the East side of the alley. Natural Surveillance: At the time of my onsite visit it was evident that appropriate trees and foliage are currently being used. Most of it is being maintained to CPTED standard. However, the proposal calls for a six foot shadow box fence to be constructed around the entire perimeter. This fence would inhibit all natural surveillance to and from the street. It would make it impossible for passing pedestrians and vehicle occupants, just a few feet away, to detect any illegal activity. In the event that a perimeter fence is deemed necessary, it should be accomplished using CPTED approved heavy gauge aluminum `picket' fencing in order to provide adequate natural surveillance to and from the street areas. Natural Access Control: The suggested perimeter fence would leave a narrow three and a half foot wide path around the entire building. This would make it extremely difficult for police and other emergency services to assist those in need on the property. Safety and Security: The opaque nature of a shadow box fence means that it could be used as an 'ambush point' against passing pedestrians, or a place to hide from, or evade, police. 2 ORT)IN.1W:I" NC). 09-11 AN ORDINANCE. OF THE CF'I"Y COMMSSION OF THl CITY Of, DJ-- -'LRAY BILAC,H, hl..ORIDA$ AMENDING, THE LAND Df,'IVF?l.t_)1'itiEsN'T` Itl?.C;I.lI.;1'I "IC }i�IS O `I°HE C.14-Y C)F DELR:iY TSl.,Ml -1 BY AMF,NI.)TNG SECTIONS 4.4.12, "PLANNED CO:'t•1fVf.F'. RC 1Y\L (PC) DISTMC T; 4.4.15, "PI..ANNED OFFICE ('E.-.N°I'laR (E'OC) DISTRICT; 4.4.21, "C::DMM NITY F ACIl.I'T'.11:::5 ((',:F) DIS "11U "'; ENACTING A NF:zW SE (,7T()N 4.5.18, "MEDICAL ARTS ON "T'RLAY PROVIDF. FOR 'I`FIF, CREATION AND 1i`=I1'I.EINIFN` ATION O THE: OVERLAY DISTRICT; AND .1MI NT')IN(:,, APPE NDIt "A ", "DI- INi T "IONS ", 01= "T HU LJkNI) Dl VI3T.0I'ML N'I' REGULAJIONS TO Dlw,l'INI "INS'1'1TU'T'IONAI., U,SE S "; !'1tC)VII)ING f1 SAVING CI.jWSE, A GI"N},RAL. REPEAI.,E3.:It CLAUSE, AND AN F',FFEC11VE DATE?. WH E REAS, pursuant to ]..DR Section 1.1.6. the Planning and Zoning Board reviewed the. proposed text amendment at a Public hearing Mild on February 28, 2011 and voted 5 to 0 to rerornincnd that the changes be approved; and WT IERI, AS, pursuant to 1 °lorida :statute 163.3174(4)(c), the Planning and Zoning Board, sitting; as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive flan; and WHE,RFAS, the C aty C:otnnussion of the City of Delray Beach adopts the findings in the Talanning; sand Zoning St'af'f Report; and WHY'RE :AS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive flan. NOW, '1'III'sRE FORT -, 131;: IJ- ORDAMED BY 7 "}-II:: CITY COMMISSION OF THE (:'TF' OF DL T_,RAY BEACH, FLORIDA, AS FOLLOWS: 5g dt i `1"Ftat the recitations set forth above are. incorporated herein.. section 2. 'chat Section 4.4.12, "Planned Commercial (P(.) District," of the Land Developmcnt Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section. 4.4.12 Planned Commercial (PC) District: (A) Purpose and Intent: `I"he Planned Commercial (I'C:;) District provides for retail, office, and other commercial activities to be established oil large sites in a well planned, functional, and aesthetically pleasui lg manner. Residential uses may *Iqo be Permitted as part of a mired -use development within the Four Corners Overlay District, provided at least 20% of the units are . workforce housing units which comply with the provisions of Article 47, "Family/Workforce '. Housing." The maximum density is thirty (30) units per acre. '17he actual density will be based upon the development's ability to achieve the performance standards of Section 4.4.13(1)(2). lnstitut' nal uses may also be permitted as part of the bl�di4a1 Arts C)verlav District. The PC; District shall be applied to I properties designated as commercial on the Future Land Use Map where the unified development is, or will be, in excess of five (5) acres; or when it is appropriate to preserve the character of certain specialty retail and office centers; or tr:) ensure that certain high visibility areas are attractively developed. (13) Principal Uses and Structures Permitted: `rhe following types of use are allowed within the PC; District as a pernutted use, except within the Tour Corners Overlay District which shall be pursuant to Section 4.4.9(G)(3)(a): (1) All uses allowed as such within the GC District [Section 4.4.9(%I) through (5) and (2) Automobile brokerage, including vehicle display within an enclosed structure, but excluding any preparation, service, or repair work. { {) Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or accessory, to, the principal use, except within the Four Corners Overlay District which shall be pursuant to Section 4.4.9(13)(3)(b): (1) Parking lots. (2) Refuse and service areas. (3) Provision of services and repair of items incidental to the principal use. (4) Storage of inventory either within the same structure as where the sale of goods occurs or in a separate structure on the sauce parcel provided that such storage facilities are not shared or leased independent of the primary commercial use of the site. (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell /Federal (Redevelopment Area #6) Overlay District and the Silver 'T'errace Courtyards Overlay District by Section 4.4.12(G) and within the Dour Corners Overlay District which sliall be pursuant. to Section 4.4.9(G)(3)(c): (1) All uses allowed as such within the (3C District [Section 4.4.9(t))J. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes (e.g., concerns, live performances) (3) Private schools and othex similar educational facilities, subject to Section 2 ORI.) NO. 09-11 _1111.... ._. __1111_ (4) Adult Gaining Centers. (5) lave /Work Unit, subject to 4.3.3(KKK). (l) Review and Approval Process: (1) In established structures, uses sludl be allowed thereixl upon application to, and approval btu, the Chief Building; Official for a cerriftcate of occupancy. (2) l"or any new development., approval must be granted by the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(F), 2.4.5(14), and 2.4.5(1). (3) Conditional uses must be approved pursuant to the provisions of Section 2.4.5(1). (4) A Master Development Flan may be processed for large scale or phased projects_ (5) All development within the Four Corners C:.)verlay District shall comply with the provisions of Section 4.4.9(1:)(4). (I) Development Standards: In addition to the development standards set forth in . Section 4.3.4, the following shall apply, except within the F' )ur C:ortters Overlay District which shall he pursuant to :section 4.4.9(1`)(3). (1) Special Landscape:. Area: Within the first ten feet (10) of the front yard setback area (abutting the property line) full landscaping shall be provided. Driveways and sidewalks shall be accommodated only when generally perpendicular to the property line. (2) Any free - -standing structure shall have a minitttum floor area of 6,000 square feet; shall be architecturally compatible with ether structures, shall take access from the interior circulation system o r the development and shall be able to meet all code requirements if it were to be situated on an ourparcel. Architectural compatibility shall be determined pursuant to Section 4.6.181 (C.$) Supplemental District Regulations: In addition to the supplemental district regul-ations set forth in Article: 4.6, the following shall apply. (1) Development within the Lundell /F•ederal Redevelopment Area Overlay District (Redei-elcopi -tent Area #6) shall be consistent with die provisions contained within the adopted Redevelopment Plan for the area, as particularly described under the chapter entitled "Section 4: Plan for .f;uturc Development." (2) Within the portion of the Redevelopment Area that is bounded by Dixie Highway on the west, the C -15 canal on the south, federal Highway on the east, And Avenue K (extended) on the north, muItip.le family residential development with densities of up to 16 units per acre is allowed as a conditional use., subject to the provisions of LDR :section 4.4.6 RIM (Medium 3 ORT) NO. 09 -11 l :)en;iry Rcsi.icntial) Icxnitxg District, subsection (1), Performance Statulttrds, and based upon the development conformance with the applicable standards and criteria described within the adopted Redevelopment Plan. (3) Dwelling; units are permitted u�itlt.in the same :structure as cuttxmercial uses with no restriction on the percentage of each use allowed. In the event that residential and nonresidential uses are located in the same structure, residential users and nonresidential rises must be physically separated and haver sepanitc accessways. (4) All development within the Dour Corners Civerlay District shall also comply with the provisions of Section 4.4.9((3)(3)(d) and (e). (5) Within the Silver Terrace Courtyards Overlay District, as defined by Section ;1.5.1 "?, multi - family residential and mixed -use development with residential densities up to 22 units per acre: is allowed as a conditional use, subject to the provisions of LDR Section 4.4,6 RM (Medium Density Residential) Zoning District, subsection (1), Performance Standards, provided at least 20 % of the units are workforce units which comply with the provisions of Article 4.7, "Family/Workforce Housing ".1lxe maximum nonresidential l"loor.Area Ratio (FAR) within the overlay district is 0.75. (G) Within floe Medica.1 lrls ()verl t}- Districl as deftrt4tl in 4. i.1$,_ inn addition, q-2 the es listed in 4 4.12 lB)., the following are allowed as ncrnlittetl risers: ( I.ns i u Tonal uses, such as- Non - residential I icetzsed Seryj e Provider l at,ilit�,s; and amsociat..W laboratories; Treattneilt (en z, Rt habilitatio x_ ( nr tcr�;�' i r F i iti cs; and 1%:l.ental Health Treatment l;ae ar-tie.s, .includtrtt re si tti (1-1) Special Regulations: (1) Where it is appropriate to limit the type, character, or intensity of use within a PC development, this may be accomplished by affixing the added designation of "S" (Small :kale) to the PC designation (i.e. PC -S). In such designated development, the. maxirxxtun flexor area which can be allocated to a sintrle tenant or. specific use, singularly or in the aggregate, shall not exceed 60,000 square feet. (e.g, although retail sales may exceed 60,000 sq.ft., the retail sale of home furnishings shalt 'lot exceed 60,000 sy,ft.). (2) 24 -1-dour or late night businesses as defined herein must be processed as a ` conditional use and are subject to the provisions of Section 4.3.3(VV). (3) No Clubs and I.xxdges (socW, fraternal and recreational) or Church or Places of Worship shall be located closer than seven hundred and fifty (750) feet from another such facility measured from lot fine to lot line boundary along a straight airline route. 4 ORD NO. 09-11 �r 1 __........ ....................... fiction 3'. That Section 4.4.15, "Plaxincd Office Center (POC) District," of the I.,and Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: Section 4,4.15 Planned Office Center (POC) District: (A.) Purpose:. and Intent: (1) The Planned Office Center (POC) District provides for the concentration of office and support uses in a well planned and managed envirralttnent. It is not intended that the District be for cc: rnmercial activities in which goods and merchandise are stored, displayed, or sold except as appropriate to meet the needs of users of the 1100. (') A POC is to be planned and developed on land under unified control and as a single development, or in a programmed series of development phases. Unified control may be :tcliiexred through single ownership or the existence of binding agreements among; owners of individual parcels therein. i Iii >rtal uses nYay �i[so e metro d its mart of the Aedic.-1 arts C)vexlav District. (B) Principal Uses and Structures Permitted: '111c fcallowitrg types of use are allowed within the I10C' District as a permitted use: (1) Banks and financial institutions including; dtive -in and drive- through lacilities. (2) Brokerage establish.mcnts, including; watercraft, aviation, and motor vehicles but without on premises storage of items, excerpt that securities brokers may store securities brokered by Them on the premises. (3) Business offices. (4) Computer and data managcment services, including; the servicing; of hardware. (5) Medical offices. (G) Medical Gittics (7) Medical and dental laboratories. (8) Profession =al offices. (9) Photographic studios. (10) Rcal estate, insurance, acc(Yunting, trav=el arrangernents and similar. services. 5 ORD NC). 09 -11 (C) Accessory Uses and Structures Permitted: The Mowing uses are allowed when a part o£, or accessot'' to, the principal use: (1) Parking lots. (2) Refuse and service areas. (3) Ancillary= uses such as retail sales of convenience items, newspapers, candies; lunch counters, cafeteria, snack shop; exercise facility; when located within an office structure and designed for use of employees and their guests. (4) Ancillary] uses such as galleries, displays, meeting and conference facilities when relate to the purpose and use of the specific POC complex. (C)) Conditional Uses and Structures Allowed: I he following uses are allowed as conditional uses within the POC District: (1) Itestaurants, excluding drive -in and drive - through facilities. (2) Child care and adult day care. i (3) Residential all suite lodging (residential in.tis). (4) Health spas, fitness centers, and exercise facilities which are open to the general public (F') Review and Approval Process: (1) In established structures, uses shall be allowed therein upon application to, and approval by, the Chief Building Official for a certificate of occupancy. (2) For any new develo>p.ment approval must be granted by the Site Plari Review and Appearance Board with respect to Sections 2.4.5(H), (H), and (l). (3) Conditional uses must be approved pursuant to the provisions of Section (C') Development Standards: In addition to the development standards set forth ill Section 4.3,4, the following shall apply: (1) Miniinum site area for the total POC: is to be three (3) acres with individual development parcels allowed to be one acre in size. However, the approving body may grant a waiver to the three acre requirement upon a determination that the development is consistent with the purpose 6 ORD NO. 09-11 i and intent of the POC District and there exists good cause. for not combining properties or aggregating additional property. (2) When abutting residentially zoned property, a twenty -five foot (25) setback trust be provided. (3) Arty free -s tancling structure shrill have it mintmurn floor area of 4,000 scluary . feet; shall be architecturally integrated with other structures; shaU have direct access to and from other portions of the POC. ((.a) Supplemental District Regulations! The supplemental district regulations as set forth in article 4.6 shall apple except as modified by, or added tu, as follows: (1) `1:'he first ten (10) feet of the front yard setback Nvhlch is adjacent to a right -of- way shall be it landscaped area. Within this area, no paving shall be allowed except for access !]rives and pedestrian ways which should be generally perpendicular to the property lines. Within t11e itileclical Arts Overlay District. acklition to the uses list eddin 1.�15�1:3i, the f( -)H twin 7 are ailiMud as 122MI -d—M uses• (a) Tttstitutic >aal uses, such as: Non- n- sikilti;�l�,i�;'n cc I , -Cry„ -„ire 'rt vider l� .cilitics• Hoy itals, with or witht)ut helipadc, and - 0- C&i4ted labe>t<tt!)itGS 1 reatinent Centers-,. Rehabilitation C"c ntcrs: `I't sun 1 st i i 'es and Mental -ealth Treatment t I including residential Lai•,y„, (H) Special Regulations: (1) I)ocumentation which constitutes evidence of unified control of the entire area within a POC must be Provided at the tirrte of submission of the site and development plan. (2) A prrugr m for full provision, maintenance, and operation of common areas, improvements, facilities, and services for the common use of occupants of the P(.)C; and which specifically provides that no such elements or features shall be provided or mutttainei at the public's expense must be provided at the time of submission of tilt site and development plan. (3) Executed agreements, contracts, covenants, deed restrictions, sureties, or other lelpal arrangements for the maintenance, repair, and operation of matters under. Subsection (14)(2) and which bind successors in title to anv such commitments shall be provided prior to certiftcad011 of a POC site and development plan. (4) 24 -Hour or late night businesses as defined herein must be processed as a . conditional use and are subject to the provisions of Section 4.3.3(VV). C)1tI3t NO. 09-11 5 nUrt 'I'lint section 4.4.21, "Comntuluty Facilities (C-F) District," of the Land Development 17cgulations cif the City of Delray Beach, Florida, be and the same is hereby annended to read 11 follows: Section 4.4.21 Community Facilities (CP) District; (A) Purpose and Intent: The C:onmunity Facilities (CF) District is a special purpose zone district primarily, but not exclusively, intended for locations at which facilities are pTovided to serve public, semi - public, and private purposes. Such purposes include governmental, relit loui, educational, health care, social service, and special facilities. it is also applied to regmilated pr<�petties subjected to a transfer of development rights pursuant to Section 4.6.20. 11U &I isions Loy Ile Nledicill Arts Overlay Disl ict., The (T Dismict is deemed compatible with all land use desigliaticlis shown on the future 1. .and Use Map. (B) Principal Uses and Structures Allowed, The following types of use are allowed within the CF District as a permitted use: (1) Governmental, such as: civic centers, courts, courthou -es, temporary holding facilities, fire stations, governmental offices, public health facilities, law enforcement offices and facilities, post offices, public utility facilities (e.g. lift stations), water storage tanks, water treatment plants, water wells, wastewater treatment plants, drainage facilities. (2) Community, such as: civic centers, c0mmuriity renters, Co nummity theater, cultural facilities and auditoriums, arts and crafts centers, libraries, irn.iscums, public parking kits and garages. (3) Recreation, such as: corninunity centers, tennis centers, swbnnung centers. (4) Services, such as: abused spouse residence's, child care centers, day care centers. (5) Religious, such as: churches and places of worship with attendant uses of day care, pre - school, educational facilities, and with other horn ml educational (Sunday school) and recreational facilities, and support facilities (e.g., parsonage). (6) Restricted usage allowed pursuant to an ordinance enacted to Never developments rights under a 'Transfer of Developments ('I'l)R). (See Section 4.6.20). (7) public educational facilities of 'I he ;school District of PaIm Beach Cou.lity, pursuant to the regulations set forth in Section 43.3 (8) Clubs and Lodges provided that alcoholic beverages shall not be served or consumed on the property. 8 ORD NO. 09-11 (')) rlssl,(cd Iaving facilities and Continuing (".are facilities, subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to ` this Section. Accessory Uses and Structures Permitted: The following uses are allowed when a part of, or acces.soly to, the principal use: (1) Parking kits and garages. (2) Service. and refuse. Areas. (3) Cafeterias, snack bats, restaurants, exercise facilities, etc., when contained to the same structure as the principal use. (4) Storage of inventory, equipment, or materials, within a structure or in an approved outside location. (5) Concessions and services provided under a license agreement with the City. (D) Conditional Uses and Structures Allowed: "1'he following uses are allowed as conditional uses within the CF District: tl) --1 It 1T'r r` . . -itieh - stetct ttteet to reetr.►s -sc- eirtx s3e�rz,i�t }ysiit' .�l + itLieensed Servct � t" 3{ let ' 'p�nls -xtx�l x c =fated lalae:r t ricw; t tFr eenters, ,.',...l..l�t�t eil is rttl -tH rt tk he4tit tr�trz�tt-€ �e= i} iti�. w-- irtelttrlit��+- rc�ie�ential- titre: {?)W Private educational facilities pursuant to the regulations set forth in Section 4.3.3 (I I1 -IH), and vocational schools except for training or programs which can be conducted in ,nirltipuzposc buildings or offices (e.g. a dance school, real estate school, etc.) which may be located in %-;uA,us conimercial districts, pursuant to die. regulations set forth in Section 4.33 (1-1141-1). {a)42 Set- vices, such as: C. ommunit}* residential I- Ionics and Giroup Homes, Type 2, pursuant to restrictions set forth in Section 4.33(1), Senior Housing; as set forth in Section 4.3.3 (H). (4)441 Transportation, such as: bats stations, railway stations, taxi dispatch (.moree than one taxi), and park and rids areas. f.5,)J41 Special Services and Facilities, such as: privately operated parking lots and garages, stadiums and arenas; refuse transfer stations; resource recovery facilities, pursuant to provisions of Section 4.3.3(6); and power transfer stations. (l;) Review and Approval Process: 9 ORD NO. 09-11 (1) In established structures, principal and accessory uses shall be allcawcd d erei11 upon application to, and approval by, the Chief Building; Official for a certificate of occupancy. (2) For any new development, approval must be granted by the HistorIC Presen--ation Board or the Site Plan Review and Appearance Board pursuant to Sections 2.4.5(f 2.4.5(1 -1), and (1). (3) Conditional uses must be approved pursuant to Section 2.4.5(10. (F) Development Standards: The development standards as set forth in Section 4.3.4 shall apply as guidelines for site development. While deviations from these standards are allowed, each deviation must be specifically approved by the Historic preservation Board or the Site flan .Review and Appearance Board. (G) Supplemental District Regulations: The ir1 edditLo c> the supplemental district regulations sts set forth iii Article 4.6 the following, supplemental district ret- yulations shall apply Li I ic. C:1' District. ( ", I .__ 2-1 Arts C)verlay District: 'Ilse faIlr>�vitI £A supy1lc rncntal district retru_h tic>n5 apply to the iM "I ,•lets Q rla�! District. as de fin4d in yg grion 4.5.18. (a) I.ti lddition to the u!cs hs � irk 4.4.21 B tl7 ° foll - Wmg,uses a rc as pertnicted use�m _Institutional uses 5 ��i „�1 w,,..,Non- residential l iren^ued Sen--ict arilities: Hoslutals with or without 1 r1c_lti_. MQ ki e.j _,laboratK)=, Treatment ��rrt. t C enter,5'._ Rehr . ilitat:ion It ,t ,,, "cs ng Facilities, zt�c �rital Hettlth ":I'rt trtet7t Facilijes, including; resicicntial care (H) Special Regulations: (1) The perimeter setback area, when provided, shall be a landscaped area within which no paving shall be allowed except for driveways and walkways leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the property line. (2) When this zone district is adjacent to residential zoning;, the perimeter landscape area should be increased to a depth of fifteen feet (15'); car, as an alternative, either a %,all, decorative fencing, or hedging should be installed for aesthetic and buffer purposes. (3) f ^or C1' zoned properties located within the West Atlantic avenue Redevelopment Area, a mini €num of 10% non- vehicular open space shall be_ provided. 10 ORD NO. 09-11 i ......_ .............. ............. __._... _ Not the prctrisiorxs <�f thtti section, the body acting upon a development appl.icau on may require addiuonal open areas, including but not limited to courtyards, plazas, and landscgx(i setbacks, in order to add interest: and provide. relief from the l:)ttilding mass, All landscape requirements for parking lots and buff ruig of reside -ottal properties, pursuant to Sections 4.6.5 and 4.610, shall appiy. ,5:-Q t _5. t "I,at Section 'a.5.1 tl, ' I�'ledical Arts Overlay District," of the },.arid Developm nt Regulations of the C'my of ..Delray Beach, Florida. he stns{ the same is hereby enacted to read as follows: 5ecti n 4.5 18 INyIe iical ter #, ver) �)y..l. }iti.,�rr.�Mt (i).) Defined: i'lre ilt4elic:;t1 .lets (.)vc.rla r ...;District... is rely es abir * }�. e.3 .:lr;>t u lh _._ - _ t followipj� :trca• ' 'he ?Mat.12 half �1 !, �. Elf ti7r Northeast quarte x (N}_; 'la) of Se„e 4'tc' >n 46 St?MMI, an*. 4 's',a lying South of the Lintort. Bo i le-v rd. road rtt,_ht- of -way. } gist (.)f the 1_, \ M y C'Wal right-of way, and West of the Military "I "rut road right -c)f �� a . togethc t with 1)arccl i I),c it y_1 "t�lvn C:ente.r, a Subdivision in I',ilm Bitch County, 1 kinda aN per the flat _thy .ot rccg .led in Plat Boo k._( y, 1)Ur_. l£St).c? tl�e:__}?ubl_q IZccc) s c>f_I7altn 13cach Counr}; te�ctl�cr with 1)a CI A. I)elr, - Outj�t�i�tiI l'ro err t. flat. a Stibdn•rsum in 11111tt Beach (_:ount:r I'lortdat as P r h_q._' <t thereof rucwci in-1?lAt Book 99 Pa )e 191 of the 1), blic Records of 1)alrn beach C:outat giber wit the Nor } we.'t c.•_ _ - .�t?rrter it „_t7f� „•,;�%tl)weYti,i�tter NW '', of Suc I Q ip 4Ci SO�urh_ ltdn 1as ' 1 fitr r South of the Linton boulevard road right- of- .NyAv. tnd l'asr of the military 'frail t'tr'rd 'gIlL the South lzalf ,0 '''1 of the SO UflI 'ISt gWITter ,5l° ' /ai of the Northwest Quarter (NLV _`�c)f the Northwest t) s rtcr �;ik Vi . B11 Man OfLQygdwJIDkiYk.S CORD NO. 09J 11 € .. Lj- t iii J, I ' r, { CORD NO. 09J 11 Section >. That ,appendix "A ", "Definitions ", of the Land Development Regulations of the. City of Delray Beach, Florida, shall hereby be amended as follows: INSTIRTFIONAL t ISl:;S shall mean a.facilitv, which provides intens • around the clack trc ttnatztt and a testing s Trc e t Cm e - Rehabilitation Centers resting acilitie•: Mental 1 I, L'tlth f rcatmen f-a cilities and. Non-Residential Uccivsed, is Provider ci ' is •. Section 7. That should any section or pro ris on of this ordinance or any portion thereof, any paraF;raph, sentence, or ward be declared by a court of competent jurisdiction to be invalid, such decision shall not affect: the validity of the remainder hereof as a whole or part thereof cattier than the part declared to be invalid. ,.LQj �. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. L( Li )t). 1). That this ordinance shall become effective witne(hately upon its passage: on second and final reading. I'r1SSl_:.D AND ADOIa'ITD in regular session on second al aal reading on this the � day of - --y�C _ ..__ . _ , 2011. r1`I'l "ES'1' MAYO It City Clerk First .Reading Second Rcadin), d '�► 12 ORD NO, 09 -11 9 ..... ....._ _ .... __ _ ORDINANCE NO. 10 -11 AN OR.I.)INANC17 OI" "T`HF, CITY COMMISSION OF `['HE CITY OF DI LR:1Y BEACH, FLORIDA, AMENDING THIS LAND DE E',LOPMENI' R.EGUI.ATIONS BY RI PI A.I.ING SECTION 4.3.3(D), "RF'SIDE.NTIAL. AND NON-RESIDI-H. NTIAL LICENSED SE;RVICI-. PR(:)VLDF R FACIIATIES" IN ITS .L NI'IRE'TY; AMENDING SI C;IIONS 4.4.2, "RURAL RESIDENTIAL (ItR) ZONE I:)ISTRIC'T"', 4.4.3, "SIN( :iI..l FAt%1lIY RESIDENTI.A.L. (R -1) L)IS'T'RTC'T`S ", 4.4.5, "LC:)W DI:.NSIT'Y RL:SIDENJ IA1, (RL) DISTRICT", 4.4.6, "MJ-;DILTM DE.NSIFY RI:: ?SIDENTIAJ- (R.INJ) DISTIt.Jcr, 4.4.7, "PbkNNFD RESIDI-.iNTIAI., DI VEI,OPMF.NT (PRD) DISTRICT°', 4.4.17, "RESIDENTIAL. OFFICE (RO) DIS71"RICT"', 4.4.24, "OLD SCHOOL, SQUARE H19T'ORIC ARTS DIS'IRICT (OSSHAD) ", 4.4.29, "MIXED RESIDI NTIA1.. OFFIC F AND COMMERCIAL (MROC) DISTRICT" TO INCLUDE RESIDENTI.AI., JACENS1.4,0 SERVICE PROVIDER FACILI'1117S AMONG THE LIST OF PERIv TTI'ED USES IN 'I HEISE ZONING DISTRIC. I`S; AMENDING S1: C::TIONS 4.4.6, "ME,DLUM DENSI'T`Y RESIDENTIAL (RM) DISTRICT "; 4.4.9, "GENERAL COMMERCIA1. DISTRICT` (GC), 4.4.13, "CENTRAL, BUSINESS DISTRICT (CBD), 4.4.16, "PROFESSIONAL AND OFFICE DIST'RIC'T", 4.4.17, "RESIDENTIAL OFFICE (RO) DI,5:1'RICT"; AND 4.4.24, "OI.D SCHOOL. SQUARE HISTORIC ARTS DIS'I "ItIC'T' (OSSH.AD) '; To CLARIFY THAT RESIDENTIAL LICE,NSI�.D SERVICE PROVIDER FACILIT'II: S AND NURSING HOMES ARE, ALI..OWED WJIERE. OT'I-IER RP' SIDI:?N'T'IAI.. USES .ARE ALI..OWED IN THESE: ZONING DISI'RIC:TS; AMI.INDING APPENDIX "A" , "DEFINI'T'IONS ", IN ORI:)I.R TO PROVIDF, UPDATED DEFINITIONS OF "RE.SIDI;NTIAL. LICENSED SERVICE PROVIDER" AND "NON - RESIDENTIAI, SERVICE: PROVIDER "; PROVIDING A SAVING CI..AUSL?, A GI NIRAL, REPEALER CLAUSI_?, AND AN EFFECTIVE D.AT'E;. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text Amendment at a public hearing held on February 28, 2011 and voted 5 to 0 to recommend that the changes be approved; and WHIRI?AS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the-; Local Plar ing Agency, has determined that. the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and Wt II-A ,':AS, the City Commission of the City of Delray Beach adr.,pts the find.iul in the Planning and "Zoning Staff Report; and WHI Rl AS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the .omprehensive Plan; and WHI RI?.AS, the United States District Court for the Southern District of Florida, held in United States u. City o Baca Echo, that, "Out of the nine licensed service provider components, only three of thorn -the intensive' inpatient treatment facilities, the Residential "Treatment Facility, and the Day and Night Treatment .Facilities- appear to Implicate .housing for recovering addicts. The other six licensed service provider components do riot. explicitly have to do with housing; and thus do not appear to implicate the FHA. With regard to intensive inpatient treatment facilities, the Court finds that these facilities, which combine treatment and housing in theI same location, are less like dwellings and more akin to hospitals legitimately prohibited from residential districts by the zoning ordinance." 2008 WI., 686689, 6 (' S.D.Fla. 2008); NOW, THEKP.ORFs, BL IT ORDAINED BY T'Hl CITY COMMISSION OF T'HI CITY OF DELR.AY Bl?AC.H, FLORI.D.A, AS FOLLOWS: , tiQ 1. That the recitations set forth above are incorporated herein. Section 2. That Section 4.3.3, "Special Requirements for Specific Uses ", Subsection (D), "Residential and Non- Residential Licensed Service Provider Facilities ", of the Land Development Regulations; cif the City of Delray Beach, Florida, shall hereby be repealed in its entirety as follows: Ftteilitiew Unless 08'e1`wi,je speeili , ..eeiiied- & rvice n...._ it4er 4•Aet4*ie9: •Noti re iiE ent.itti- I- .ttctriici-- -- ice i eo ides vrzriitt};..L�a zit xt cat3 ar�rl regulatirrrt: -- c�t�ttort -I }t� ittiit� 1 . • • , e fit,, tHil )p " °' txe seljartttc rihtttcMr tzil are _lulled r..o.__ thig . pri filer r E�rer1iW -pert tc�cl u� e C =hapte ttetrrrreEl-li,�re i env rr> :3. L t 3 ht ital- setthig oft ft- 2- 4- 1*mrs -a• d 6ajis, afid w i ii3i;lttili::tr (9) l"iwilit.es that provide roont and bootrd fit EYE'.ittYllf! iii StfiL� ^r#ihRi9ik'84'kC?f3 4 (b) 1�fteilities that ate aged for i'4tti -, i2PE f3fi1. + 4k13E1 its W�iff ll "tYt'a'iiiiCtit arzil- °ieh�tl�rlttt4�Hnt.i+�itiey -re—prewided Oil Ft ffiftlidatary 641-9 ^t l: >31it7%tHYfi ?!'iY operated t tiler t attFl lieen zg -RH(: ORD. NO. 10 -11 red, tate> r�'-- e<' tttjiter��t�+•- �trrrlrl-• sr�- rk; �- tt- r- kt erfl 3-- t�� -- t°e:rit�tzT�:..'���x��p-�r� ir11 e�thr�x- sre+l} zew »3 l�fc�a t e r��rfrt xr�F3 x i it�t x et ivif", t.re, rt fn J . ' qF�t ` - -f r trrrut �t- �rcerr f tMl rr�r t�3�- rt l tie-rr fat t trurril)er +�iax +�3�� -•: X11- �e- 1���. � '-�}��;t�tt2r�rt�.4�- N�r���ci�: Q tgxlj kT ;A e 1t — n; -icR3i 0(ytr{ f}iC' #Ei it4 iF)F}r iFrt'3Yi ttti� 13� C �'Ytitt't� tici t il emelus ire t ltit!!',, eta ER;"— -gi wherein it —.4-1. en`reereft"ottx} flifty ���--- �-- �•- ���E;rlit- icy- tsrtc�- C�j�t�rerxketrt�� iffft. 6le for the Lire r c {�}------ •�3�•iri•��iar�k' reelie�e•-: �tr�r�� ;3itk...:.��n,rxt•- re�i�t�xl li-- �x- t�a�•it:�- �ro�rlc�r - €rtet lip}= ��= x�tnzxl�ixr�e� ,°-- «tit�:rlx�- r- �- '��•r�' {liti- "lffPitiktm ' rletl of, ftfly PAM Befteh i3tti'- ti�f'W 4ktlE�#t3lfltafii permin 1Ae rrne�: -- IreYrtl teexiie -t tFic�c� lider -lure tiitiew -1r11 4rrtr #�tttlt}it�;7 --•elt i . " �il��- i�-- rz��x,rtrxtx�:e�- •� <�_•tlre -- ;;tom =�ta�ir�1; i 1ccI kart arrr3t+stl wxft'y -ire iee�►rt4 ,ia11 t c i :3 �t -eHr istttei� with the -47ify F ire -mitr t611 'Rod d llii -44 kc Mg c€€tei�3 Wit.. nA =n�� � Ise eopy of the-ititire State ie xtfFxt -krtr3 xs tctljrt}itte -tf3- the -qtr; t� tltc £*ettatttstrxl Iiectrte lie�xtit�rt fr+titra e,eettptrtitlitl 4r#itg be- :nrk -miim -d tf> tice -t atg, tti }�. three . thfi of ix xttef: c�- tltc}- f;ity�t��et�,�ir} lieense: # heemes must be refte-wed-mmmUrratid try orrlr .1e, recei-eed up t tktc- €xe ilit)rctit to :le trt-cr c�rtw ORD. NO. 10 -11 __... -.' ...�. , r. nr �e ie rc • i y mill -tint lw4ew t4- wirlm3 4- ee-of another retsideticrrl lkieen4ed 9erviet tYCF?t'lf G'r lii'i�ifq }-- l�leitltcr tc ti:jlc+ ti ltet�3 sill -3e ie�- provider-F itlrt}� n+rr tr t-rt iclt ttttxl f ieewied -tierviele lxrtn�ie3er -i ilit�- �ltall- lit k �t l tkit3 -x, (14}' -c € t Sec. .131)1. RI: =SFIRVE'D, Section 4.3.3, (1)), *Edi or'S note - "Residential ax cLNc�n I�e,idcntial I iccnscd �erviceti I'x�i� icier I�;tcilitic " wts rS:Ixaly'd by (Jrdinance No. , passgdl 2011. acct :icon 3. 'That Section 4.1.2, "Rural Residential (RR) Zone. District", Subsection (I3), "Principal and Structures I)ermitted ", of the Land Development Regulations of the City of Delray Beach, Florida,! shill hereby be aryiended to toad as follows; (I3) Principal Uses and Structures Permitted: The following types of use are allowed within trite (IM) District as a permitted use: (1) Single family detached dwellings. (2) Group Honic, Type 1, pursuant to restrictions set forth in Section 4.:33(1 ). (3) :Public educatiotial facilities of The School District of Palm Beach pursuant to the regulations set forth in Section 4.3.3(H.H). (4) :Assisted Living Iiac:il.it.ics. () Residential JJccnscd Service P cte i cr Section 7'bat Section 4.4.3, "Single Family Residential (R -1) Districts", Subsection (13), "Principal l scs and Structures Permitted ", of the Land Deti•e:lopnient Regulations of the City of Delray Beach, Florida,; shall hereby be amended to read as follows: (13) Principal Uses and Structures Permitted, 'I "Ste Following types of use are allowed= within the Single Family Districts as a permitted use: (1) Conventionally sited single family detached residences. 4 ORD. NO, 10-11 (2) C:iroup l lome,'Type 1, pursuant to restrictions set forth in Section 4.3.3(1). (3) Parking lots not associated with a use, pursuant to an adopted neighborhood or )cCdc °eloptrtealt Platt. (4) 13ocket parks. (5) Public educational facilities of The School District of Palm Beach Count3 , pursuant to the regularions set forth in Section =13.3(1 - 11-1). (6) .Assisted Lining Facilities. 1tesidentiA1 kensed `service Provider Facilities, That Section 4.4.5, "Low Density Residential (RI:) District ", Subsection (11), "Principal yaws and Structures Pernxitted ", of the Land 1:)evelopment Regulations of the City of Delray Beach, l is }ritlu, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following types of use are allowed within the (R.I.) District as a lyernu'tted use: (I) Single family detached dwellings. (2) Duplex structures. (3) Multiple family structure.. (4) C:Troula Flome, `Fype 1, pursuant to restrictions set forth in Scctioa 4.33(1.). (5) Parking lots not associated with a use, pursuant to an adopted neighborhood or. redevclohment ,plan. (6) Pocket parks. (7) Public educational facilities of "1`he School District of l)alna Beach pursuant to the regulations set forth in Section 4.3.3(UFl). (8) Assisted Living; Facilities. a R ,s' i t i 1 .,ices sed Service: Pr vid r II ,11, , y. 5 ORD. NO. 10 -11 .... . ............................... Section G That Section 4.4.6, "MCdIutn Density Residential (Rat) District ", Subsections "Principal Lises and Structures Perrrutted" and (1)), "Conditional 1_`ses and Structures Allowed ", of die Land Development Regulations of die. City of Delray Beach, Florida, shall hereby be amended to read as follows: (13) Principal Uses and Structures Permitted: T'he following types of use are allowed within the (IM) District as a pernutted use: (1) Single family detached d-vellinpt. (2) Duplex structures. (3) IMultiple family structures. (4) An abused spouse residence with twelve (12) or fewer residents. (5) Group Homes, Typc 1 and 7, and Community Residential Nornes, pursuant to restrictions scat forth in Section 4.3.3(1). (0) Parking; lots nor. associated with a use, pursuant to an adopted ne.lghborbood or redevelopment plan. (7) Pocket parks. (S) Public educational facilities of The School District of Paint Beach County, pursuant to the regulations set forth in Sccrion 4.3.3(1'1H). ( <)) Assisted Uving Facilities. (10) Transient Residential lase. (11) Residential l icyrised Service Provider 1'adities (12) Nurs4ig Homes within mcilti- family structjtrcc only. (D) Conditional Uses and Structures Allowed: 'f'hc fallowing; uses are allowed as conditional uses within the R -11 DINtrict. 1)1: /.tiTI -;) INIUAMER (1) AJND RFLNUM131"RIU). {�1 - -- _ I ie ticlt -i istil -1 a sect � ,•iti� }xrc� let l= r ' ' ' s , )ee �ietiflit �- 'WtwFr)r +1i {2)(.0 Child care and adult day care. 6 ORD. NO, ltl -11 ...... WT.Z) Private educational facilmes subject: to the rest ictions set forth its �r;cnor► 4.33(1-1HH). ��3 Churches, or places of wors hip, and their attendant educational, nursery, Sund" School, recreational, and columbariutal facilities. The foregoing dots not allow establishrnent of educational tInd care uses such as elementary school Ind general day care; however, such uses may be established by a separate conditional use application for child care or rezoning to ("F' .18 appropriate. (6)W The use of common recreational fsacilities such as switntning pools, tennis; courts, and golf courses (associated with a subdivision) for club or commercial purposes. (- 5) Single family detached residences in zero lot developments. Yacht club with facilities. (9)�B Dock master facilities when associated with a multi- family development which has a marina. kIE})M Private beach clubs with attendant recreational, dining, and related accessory facilities wirluit one of the following areas: (a) the area lying south of .Atlantic Dunes Park and east of State Road Al A, or (b) south ofCasurina Road, north of:Bucida road, and east of State Road A1A. (4+)(2) Nfultiple family residential development,, ii r udin r residct�tial livens d ti n°ice provider facility,,; may exceed twelve (12) units per acre, up to a maxitnu n of twenty -four (24) units per acre within the Southwest. Neighborhood Overlay District defined in Scctioti 4.5.9, subject to the provisions of Section 4.4.66), Article 4.7, and based upon the development's conformance with the applicable standards and criteria described within the adopted Southwest Area Neighborhood Redevelopment Flan. f Lq)� U() Multiple family residential development i� ncls�din� resiclential licensed tie g._p . yi le i i i.,5 may exceed twelve (12) units per acre, up to a maximum of twenty -four (24) unit,, per acre within the Carver Estates Overlay District as defined In Section 4.5.11 aiid tip t(3 a mnximunrt of eighteen (18) units per acre within the lnfill Workforce. Housing Area, subject to the provisions of Section 4.4.6(1), and Article 4.7. "'"Bed "Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(`). {4-4} 12 C..arge family Cllild Care Home, subject. to Section 4.3.3(1'1). ORD. NO. 10-.11 it i 7. .l'hat Section 4.4.7, "planned Residential 1-)evelopment (PRI)) District ", Subsection (Bj, "Principal Uses and structures Permitted ", of the .I...and Development Regulations of the C:ity of Delray Beach, Florida, shall hereby be amended to read as follows: (l3) Principal.. Uses and Structures Permitted: 'I'lie following types of use are allowed within the (I "RD) District as a permitted use: (1) Single family detached dwellings whether conventional or zero lent line design. (2) Duplex structures. (3) !Multiple family structures. (4) public educational facilities of The School District of Palm Beach County, pursuant to the regulations set forth in Section 4.3.3(HH). (a) Assisted Living facilities. (6) Group Home, 'type 1 pursuant to restrictions set forth in Section 4.3,3(l). (,7 Residential Licensed it rxjce Provider Facilities. { � ].l'Si7] wl c)irl�,s njthi n)ulti- F1iT1'tl�` tYdlCtl{TNS qt1 Section t;. That Section 4.4.9, "General Commercial (GC) District ", Subsections (Li), "Principal Usc�' and Structure,, Perrnilted" and (I)), "Conditional Uws and Structures Allowed ", of the Land Development Regulations of the City of Delx-av - Beach, Florida, shall hereby be amended to read as follows: (13) principal 51_rq.4,W_re Fermi t : '17he following are allowed within the GC District as permitted uses, except a-, modified iii the Four Corners Overlay District by Section 4.4.9(G)(3)(a). (1) Geueral retail uses and /or facilities, incluaig, but not limited to: (a) Antiques, arts and crafts, automotit a parts, baked goods, books, carpet and floor covering, cheeses, lacer, wine, liquor, confectioneries, cosmetics, meats, draperies and slipcovers, pharmacies, electrical fixturc, and supplies, fabrics, fish, flowers and plants, fruits and vegetables, food, garden supplies, (rifts, glassware, hardware and paints, home furnishings, ice cream, lawn care equipment, leather goods, luggage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture: equipment and supplies, pets and pet supplies, photo tnphic equipment and supplies, smving supplies, sporting goods, 8 C)Rl.l1t).1.0 -11 kw"' wearing apparel and ar :ct1soriCs, appliances, bicycles, btlsines:; nla:rhines, jcwCll�y. (2) Business, professional, and Nitedical uses including, but not limited to: (a) Interior decorating, niedical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing;, business offices, professional offices, and medical offices. (3) Contractor's Offices, including; but not litilited to: (a) Air conditioning, general cxlnt.rartor, electrical, painting„ and plumbing; however, any outside storage of materials is prohibited. (4) Services and Facilities including, but not limited to: (a) Auctions, barber and beaury shops and salons, caterers, dry cleaning; limited to can -site processing for customer pickup only, dry cleaning and laundi, pickup stations, financing; e.g. banks and similar institutions including; drive- throug i facilities, laundro.mats limited to self - service facilities, per grooming, restaurants including drive. -in and (!rive °Through, tailoring;, tobacconist, vocational schools limited to arts and crafts, business, beauty, dancing;, driving;, gymnastics, photography, modeling, and karate -judo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boope boards). (b) Abused spouse residence with forty (40) or fewer residents, galleries, broadcast studios, butcher shops, cocktail louilges, exercise facilities e.gY g yrns and clubs, indoor shooting ranges, museums, libraries, newsstands, commercial or public parking; lots and parking garages, theaters excluding; drive -ins. (5) Dwelling units and residential licensed service provider faciliti:s in the same structure as commercial uses provided that: cocnm(:rcial uses must be provided on the ground floor; conlMercial uses on the ground floor must occupy no less than 25% of the total structure excluding; square footage devoted to vehicular use; residential uses are not located on the ground level; residential uses and non- residential uses are physically separated and have separate accessways; and the residential dcnslty does not exceed 12 units per acre, except the hour Corners District which may have a free_ standing residential building as part of a multi- building; unified master plan or the residential component may be a part of a single mixed use building. The density of the lour Corners Master I Pin Shall not exceed 30 dwelling units per acre and is subject to the provisions under Section 4.4.9 (G)(3)(d)(4). ORD. NO, 10 -11 (t;) ,Astrologists, clairvoyants, fortune tellers, palmists, phrenologists, psychic readers, spiritualists, numerologists and mental healers, subject to the locaticnal restrictions of Section 4.4.9(H)(3). (7) Group Home, Type. 1, pursuant to restrictions set forth in Section 4.3.3(1). (13) Conditional Uses and Structures Allowed. ".l'he following are allowed as conditional uses within the GC District, except as modified in the North Federal Highway: Overlay District by Section 4.4.9((:0(2) and except as modified in the four Corners (= )verlay District by Section 4.4.9(G)(3)(c)• DEELEIED (1) AND REJN0.JA4BERE,;D {1)- -I siele+�tisrl S. =e��'rtn�ider Faeilities 43jeet —te �°cwtric itja � 3 q,1?)W amusement lame facilities. f }42 ), Wash establishments or facilities for vehicles. (4')kl� Child Care and adult Day Care. {�. Lfj Clubs and Lodges; social, fraternal, and recreational not exceeding 3,500 sq. ft. of gross floor area. Df LI' "V D (7) AND RI_:.N[ AI8E RED {{r}j Drive -in Theaters. f7)40) f -lea Markets, bazaars, merchandise marts, and similar retail uses. f�Z funeral Homes. (9)(0 C)asoline Stations or the dispensing of gasoline directly into vehicles. fl-g)a Hotels and Motels. o Free - standing multiple- family housing. including; t- sidential licensed service provider facilities subject to the requirements of the R.M District except for setback and height requirements which shall be pursuant to this Section. {4Q) 4LI Recreational establishments such as bowling; alleys, gymnasiums, health spas, miniature golf courses, skating rinks. 10 ORD..NO. 10 -11 .. ............... Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (1-4) f 13 Vehicle care limited to the changing of oil and filters, and hibrication with no mechanical work or Outside storage of vehicles except as a part of a gasoline station. ¢1-5) �1� Veterinary Clinics. Group Home, 'rype ?- and Con-imunity Residential Homes, pursuant to restrictions set forth in Section 4.3.3(I). fl-7) 16 Adult Gaming Centers. i', Churches or places of worship, and their. attendant Sunday school, recreational and columbarium facilities not exceeding 3,500 square feet of gross floor area. I'he foregoing does not allow establishment of educational and care uses such as elementary school and general day care. 0-9) 4M Multiple family residential development, including, tc;�Slential licensed sense, mov*,cltr f eil' i m may exceed twelve (12) units per acre, up to a maximum of eighteen (18) unit,-, pet acre within the Infill Workforce Housing :area, subject to the provisions of Section 4.4.0(1), and Article 4.7, and subject to the requirements of the R G1 District except for setback and height requirements, which shall be pursuant to this Section. W) Assisted Living Facilities, Nursing :homes, and Continuing Care Faciliities subject to the requirements of the RIGS District except for setback and height requirements which shall be pursuant to this Section. { } (2 I -arge Family Child Care Home, subject to Section 4.3.3(1'1). S gtioil 2. That Section 4.413, "(:central Business District (CBD) ", Subsections (B), "Principal Uses and Structures Perri-.itted" and (1)), "Conditional Uses and Structures Allowed ", of the Land Development Regulations of t:he, city of Deltay Beach, Florida, shall hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: I'hie following types of use are allowed within the CBD District as a permitted use: (1) General retail uses including, but not limited to: (a) Antiques, arts and crafts, automotive parts, baked goods, books, carpet and floor covering, cheeses, beer, wine, liquor, confectioneries, ; cosmetics, treats, draperies and slipcovers, medicines and prescriptions, electrical fixtures and supplies, fabrics, fish, flowers and plants, fruits ORD. NO. 10 -11 _ _. _.._ . and vegetables, food, garden supplies, gifts, glassware, h,ordware and paints, home furnishings, ice: create, lawn care equipment, ]earlier goods, lug ,gage, medical and surgical equipment, music and musical instruments, nautical supplies, office furniture equipment and supplies, pets and pet- supplies, photographic equipment and supplies, sewing; supplies, sporting goods, rot's, wearing apparel and accessories, appliances, bicycles, business machines, jewelry. (2) Business, Professional and Medical uses pursuant to restrictions set forth in Section 4.1.13(I-1)(1) including, but not limited to: (a) Interior decorating, medical and dental clinics, medical and dental laboratories, photographic studios, printing and publishing, business, medical anti professional offices. (3) Services and facilities including, but not !muted to-, (a) auctions, barber and beauty shops and salons, caterers, dry cleaning limited to on -site processing; for customer pickup oily, dry cleaning and laundry pickup stations, laundrornats limited to self - service facilities, pet g;roolning;, restaurants excluding drive -ut and drive - through, outdoor cafes, tailoring;, tobacconist, vocational schools grouted to arts and crafts, business, beauty, dancing, driving, gymnastics, photography, modeling, and karateJudo, small item repair, and rental of sporting goods and equipment (such as but not limited to bicycles, skates, boogie boards). {b) Galleries, broadcast studios, butcher shops, cocktail lounges, exercise facilities e.g. gyms and clubs, museums, libraries, newsstands, coini-nercial or public parking lots mid parking; garages. (c) public open space. plazas (4) Multi- family dwelling units, rs di residential licz_ list: d w 7rtLZ Ism' 'cs b excluding, duplexes, up to a maxirntim. density of thirty (30) units per acre except for the %Dist Atlantic Neighborhood or Beach District, where the maximum density is twelve (12) dwelling units per acre. (S) Hotels, motels, and residential -type inns except in the West Atlantic Neighborhood. (G) Assisted living; Facilities Nursing; Hones, and Continuing Care facilities, up to a maximum density of thirty (30) units per acre except for the West Atlantic Neighborhood or Beach District, where the maximum density is twelve; (12) dwelling; units per acre. (7) Bed and Breakfast Inns, except in the West Atlantic Neighborhood, subject to the provisions of Section 4.3.3(l'). 12 ORD. NO. 10 -11 (D) Conditional Uses and Structures Allowed: The following uses are allowed as a >nditional uses within the 0;131:7 District.: r., a -, iLe-- P 1Rc : >v' -It!r aeilits rt6jeet-•tc �t3•�iit•et :•it�rR••�•: �;•�•�j: { }(1) ,Amusement game. facilities limited to such uses as pinball, air hockey, electronic g,atnes, and other similar coin operated games when an attendant is on duty. {3)0 Child care and adult day care. (+)(3� Financial institutions, e.g., banks and similar institutions .including; drive through facilities pursuant to restrictions set forth in Section 4.4.13(H)(1). ( }.{ Funeral hornes including; accessory uses, such as, a chapel, crematory, and the like, (�6)45� (- ;asoline stations or t.he. dispensing of gasoline directly into vehicles, excerpt that such use shall not be allowed in the West Adantic Neighborhood, the Beach District, nor on lots which front along Atlantic Avenue or N.E. 2 "d Avenue (a /k /a Pineapple Grove Way), beginning at a point 105' south of N. E. 0' Streit. e�Q) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. ftZ Veterinary clinics. fi }kW :Movie theaters, excluding drive -ins. {44} 9 Playhouses, dinner theaters, and places of assembly for commercial ell tertaillincilt purposes (e.g., concerts, live performances). (44i 4m Flea markets, bazaars, merchandise marts, and similar retail uses. (i2}( Wash establishment, with automatic /mechanical systems only, for Vehicles, except that such use shall not be located east of the Intracoastal Waterway or on lots which front along; Atlantic .Avenue. Further, this use must be established can property with a minimum lot area of 20,000 sy.ft. "j12) Multi- farnily chvelling units, including residential licensed scmvu�,e, provider facilities, but excluding; duplexes, at a density greater than thirty (30) units per acre, on property located south of N.R. 2nd Street. and north of S.E. 2nd Street, subject to the. standards and limitations of Section 4.4.13(I). 13 ORD. NO. 10 -11 ... ....... ........ . ... ...- - - -- LL AA j13� Group Home, �T ype 2 and (�<xrritxiutiitl' Residential T T<anYCS, pursuant to restrictions set forth in Section 4.3.3(l). {-1fr} Restaurants, Cocktail Lounges, Flotels, and Residential Tyke Tans May pri wide their required parking as valet parking, subject: to the provisions of Section 4.6.9(1 °)(3). 14r }�15 Drive -in or drive - through .restaurants can property located within the West .Atlantic Neighborhood. { 1) Hotels, moteLs, Tied and breakfast inns, and residential -type. inns ml property located within the West Atlantic Neighborhood. "(17� free standing or mixed -use residential dovelopment includin rtY;ticl :tttial ligensc cl service provider -fa c Jfifie5 at a density greater than twelve (12) units per acre, but not exceeding 30 units pex acre, can property located w.ida.in the West Atlantic Neighborhood, subject to the standards and limitations of Section 4.4.13(1). Tied and breakfast Inns within the West Atlantic Neighborhood, subject LO the ]jrctvisions of LDR Section 4.3.30'). f23) U9 Live /Work Unit, subject to Section 4.3.3 (KKK). f24i (2) Large family Child Care Home subject to Section 4.3.3(11). Sxc iotIJ0. That Section 4.4.16, "Professional and Office District ", Subsection (T)), "Conditional L.!ses and Structures .Allowed ", of the ]..and Development Regulations of die City, of Delray Beach, Florida, shall hereby be amended to read ,is follows: (1)) Conditional uses and Structures Allowed: The fallowing uses are allowed as conditional uses within the POD T)istrict:: att4JWf*1ei4t1t_s: (1) Educational facilities, trauting centers, and vocational schools. (� l�ta: titlt�t�ti #tl- �ie��t:�csl�c:�ic�c I�rF�vic- lcr- F% �e�t�. �: 3- :?u�et-- t�- re:�t�icattE;+rra- cwt -firth {: ai} —`---' �4�- l�letrltl�-= T�n�er�- i�xcili�i�.+ t�- e�- ��ttl�c��t�- �?ie3er�tiRl- erttc�- p�tgratrrV (4)Q Veterinarian Clinics. ( (� Funeral Homes. f6)44� Licensed, professional providers of personal services e.g. pedicurist, beauticians, and cosmetolo ism. 14 ORD. NO. 10 -11 y tiiw 1 . That Section 4.4.17, "Reside:ntial. Office (110) District ", Subsections (B), "Principal t !;c. wed Structures Permitted" and (1:7), "Conditional Uses sand Structures Allowed", of the Land Development Regulations of the City of :Delray Beach, Florida, sliaall Hereby be amended to read as follows: (B) Principal Uses and Structures Permitted: The following to =pes of use care allo��cd withirn the RO District as sa permitted use: (1) Single fivnily detached dwellings units. C2) Duplex structures. (3) Business, Professional, and Medical offices. (4) Abused spouses residence limited to forty (40) or fewer residents. (5) funeral Parlors, funeral homes. (6) Parking .lots not associated with a use, pursuant to an adopted neighborbood or redevelopment plan. M Group Nome, Type 1 pursuant to restrictions set forth in Section 4.3.3(l). (fi) Assistccl 1..i�`iri 1'acilirics, j�vitist�;..1 Ic7tti. )).--- ._.... 1c ,idential l..icensrd Service Provider 1:'sacili6es. (D) Conditional Uses and Structures Allowed: The following uses are allow,• 1 C.011ditional uses within the RO District: (1) Child care and adult day care. {2}--- iiciticHtitr{ 1, it *estl- �ic:crt�tclet�''�n��litaT eject urrt�w:rtet:tc >rar�n�t lilt eta- ?sE�tir�r�•�3: l•(1� }: (-X)Q Bed and breakfast establishments. (-4 Q3 Group Home, 'Type 2, and (.:ommunity Residential Homes, pursuant to restrictions set forth in Section 4.33(1). tS) j4) Large family Child (.dare Houle, subject to Section 4.3.3(1'1). "15 <: RD. NO. 10 -11 _ - ,c�tt n 12. 11yat Section 4.4.?4, "Old School Square llistorir. Arts District ", Subsections <'principal uses and Structures" and (T3), "Conditional Uses and Structures Allowed ", of the land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended to react as follows: (B) Principal Uses and Structures: The following types of uses are allowed within the OSSL-IAD as a permitted use: (1) Single family detached dwellings. (2) Duplex structures. (3) Business, Professional, Medical and Governmental Offices. (4) Retail sales through specialty shops (single purpose businesses) such as: bath shops, hook stores, gift shops, florists, hobby shops, kitchen shops, boutiques, bicycle shops, excluding; liquor stores, convenience stores and drug stores. (5) Arts related businesses such as craft shops, galleries, and studios within which is conducted the preparation of, display of, and /or sale of art products such as antiques, collectibles, custom apparel, jewelry, paintings, photography, picture framing;, pottery, sculpture, stained glass. (6) Educational and /or Instructional activities including; training, vocational, or craft schools, the arts, personal development, and libraries, museums, and social and philanthropic institutions. (7) Restaurants of a sit clown nature such as a cafe, snack shop, full service dining but excluding any drive -in 'and /or drive -- through facilities or features. (8) Providing; of personal services such as batbershops, beauty shops, salons, cosmetologists. (9) Bed and Breakfast Inns, subject to the provisions of LDR Section 4.3.3(Y). (10) Catering services not associated with a restaurant; subject to the special regulations of Section 4.4.24(t-.1). (11) Group Home, Type. 1, pursuant to resrxictions set forth in Section 4.3.3(1). (12) Within the following described areas, the uses allowed as permitted uses in Section 4.4.13(13) pursuant to the base district and special regulations of the Central Business ]')istricl . regulations shall also be allowed in the OSSI-.l U): (a) I-,ots 13 -16, Block 60 (b) I-c)ts 1- 4, Block 61 (c) Lots 1- 7 and 19 -24, Block 69 16 ORD, NO. 10 -11 (a) Lots 7- S, and the Soudi 31.75 feet of Lot 6, Block 77; and (c) Lots 1- 6, Block 76 (1 -1) _assisted Living; Facilities, (1 ) Resider , l Licens �_rvice. Provider Facilitis��� E (151 Nursilt g l-lotncs. (i)} Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the OSSIIikD: (1) Outdoor dining which operates at night or which is the principal uses or purpose of the associated restaurant. (?)lerz�i as 3 �ieeE: rrEC c lrie e- Izren itlzliticc l�jee t- retiet� -�re� frr in Seefjori t- { )} Child tare, Adult Day C,are;- ftfldNltrrlit—i, LI—es. (3) Public Parking; lots not associated with a use. (4) Residential -type inns, not to exceed more than eighteen (18) individually leased Suites or rooms per acre. (5) Group FIon-te, " yjv 3, and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(l). (6) Large Family Child Care Fiome, subject to Section 4.33C1'f). secticsn 13. That Section 4.4.29, "Mixed Residential, Office and Commercial (MROC) District ", Subsectioct (13), "Principal Uses and ;structures Permitted ", of the Lanes Development Regulations of the City of l..)elrav Beach, Florida, shall hereby be amended to read as follows: (Ii) Principal Uses and Strictures Permitted: The following; types of uses are allowed within the MROC, district as permitted uses: (1) Officcc Center: The " Office Centcr" uses within an INI ROC; development may comprise as much as one hundred percent (10{1%) of the total building square footage within the developinent. 'I "hese uses can include: (a) Financial Institutions, e.g., banks, savings and loan establishments, brokerage firms. (b) Medical Offices, e.g., physicians, dentists:, chiropractors, podiatrists, optometrists, etc. 17 ORD. NO. 10 -11 I (c) I'tofessional ()fftces, e.g., attotnel >s, engineering firms, architectural (d) Governmental offices, e.g;., including, federal, state, county, and local offices, along; with their related fleet and communications operations (which will be considered accessory uses to governmental offices and services), civic centers, courthouses, fire stations, public health facility, law enforcement officers and facilities, post office, public utility facilities, communication towers and comnurnity facilities such as civic centers, cultural facilities, libraries, auditoriums, museums, and public recreation facilities, and services such as day care centers, abuse, child care centers. (e) Business Support Services, primarily engaged in rendering services to other building establishments, e.g;., such as mailing, building maintenance, personnel and employment services, matiagetnent, and consulting services, protective services, copy and printing;, travel, office supply, and sim.ilat sera =ices. (2) R- search and Development: Research and Development (R &I)) uses involve ; either some degree of product creation, testing;, evaluation, and development or the provision of testing and evaluation services for use by others. R &D uses may constitute 100 % of the total building square footage within the development. F'xamples of such uses or. resulting products include: (a) Product Creation, Testing, Evaluation, and Development: 1. computer hardware. 2. computer software 3. pharmaceuticals (b) Research and Development Services: 1. calibration laboratories or services 2. chemical laboratories 3. commercial testing; laboratories 4. soil laboratories 5. scientific research laboratories (3) General .Retail Uses: Retail uses riot to exceed 20 % of the total building square footage of the development, including, but riot limited to: (a) Restaurants, baked goods, books, cheeses, beer, wine, liquor., confectioneries, cosmetics, meats, medicines and prescriptions, flowers and plants, fruits and vegetables, food, gifts, glassware, ice cream, leather 18 ORl). NU. 1041 goods, lug gage, medicaI and surg;.ica] equipment, music and rriusical instruments, nautical supplies, office furniture equipment and supplies, pets grid pet supplies, photographic equipment and supplies, sewing; supplies, sporting goody, toys, wearing; apparel and accessories, appliances, bicycles, business machines, jewelry. {l.)) Barbet and beauty shops and salons, caterers, dry cleaning limited to on- site processing; for customer pickup only, dry cleaning and laundry pickup stations, outdoor cafes, tailoring, tobacconist. (c) Galleries, butcher shops, cocktail lounges, exercise facilities, tll1LISeutl]5, libraries, newsstands, commercial or public parking lots and parking; garages. (4) Multi- family Dwelling Units: Multi- family uses, including residential humeci Krvicc_ _o nrovidcr facilities, but excluding duplexes subject to (c)(l)(2)(3) and (4) below, ranging in density between 40 and 50 units per acre subject to the following; (a) Residential units within 1,000 linear feet of the Tri -Rail 'rrarisit stadotn (measured by airline route) may comprise 100% of the. total floor area of the development master plan at a maximum density of (50) units pc.r acre. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. (b) Residential units between 1,001 and 2,500 linear feet. of the Tri -Rail Transit station (measured by airline route) may comprise 80% of the total floor area of the development master plan at a maximum density of (50) units per acre and only when proposed as part of a mixed -use development containing office and /or commercial uses. If a portion of the parcel is within 2,500 linear feet, this regulation shall apply to the entire parcel. (c) Residential units at a distance (measured by airline route) greater than 2500 feet of a transit station rnay comprise 75% of the total floor area of the development master platy at a maximum density of (40) units per acre and only when proposed as part of a mixed -use developiricnt containing office and /or commercial uses. 1. Residential developments must include a minimum of 20% workforce units consisting; of moderate income workforce units as defined by Article 4.7 family /Workforce Housing. 2. Workforce units shall be subject to general provisions of Article 4.7.6, 4.73, 4.7.13, 4.7.9, and 43.10. Notwithstanding the above, 19 CARD. NCB. 10 -11 rc.si&atially dcvelopcd sites within 1,000 lineat feet (measured by airline .route) of the Tri -Rail station can contain 100°, ?, workforce housing; units. If a portion of the parcel is within 1,000 linear feet, this regulation shall apply to the entire parcel. 3. For tnixed -use developments, the shared parking; provisions of LDR Section 4.6.9. (C)(K) shall be allowed. 4. All residential developments ;hall be subject to the Perfortnanct Standards of 4.4.13(I)(2). (5) Hotel, Motel and Residential All Suite Lodging 'These types of uses it comprise up to 20% of the total floor area of the overall master flan. For the purpose of calculating; the percentages of uses within the development master plan, multiple hotels, motels, and residential all suite lodging, uses will be considered one specific use category. (0) Assisted Living; facilities �lursitt l- l�:�rri''s atul Cyontinuing Care Facilities subject to the requirements set forth in Section 4.4.29(13)(4) a, b, and c above. 'cct:ictt� L4: That Appendix "A ", "Defini-tions", of the Land Development Regulations of the City of Delray Beach, Florida, shall hereby be amended as follows. 1..1C1'.NSf.I.) SURVIC.I: PROVIDER 1 6,4171-_Y Mall meat) a protiidcr ur Atiy 6acility ,Ahae4r-4s --or- wiff -Ate licensed � the me =r; �ra���r l�iwtt* tt- tt-�-EE 4xtpter- �t3"r, - ��rida rttr'tr,- fit - steel- €re�rr - idttial -lcr» u l Fla. Stat. &ctions 397.311(1B)W*I "Addict ions Re"iving?; faciltr!• '• 397.3 .311(18 a "Ir3ten�ty In124(wnt" tCatrnctit' %and 3913 11 CI B)( 77,, iedication rlssistecl '1're.ltrrlent for Or)iatc Addiction' RESIDENTIAL LICENSED SERVICE PR() '\'ll.)FiR Shall mean a service provider or facility licensed under 1 °la, ;stat. &ghjIrts 3c.I.7 ,31 jl tt) {a)2, "I)a� err N' };ht '1'rr atmer 39 ?.31 l�_ (18)(:0.3. "Day r >r Night ' `rc° tin ^.tit with Co zn-t i t Y Hou'in " at 3 31)7.311 (�9,� "Residential �1'reittI n " C��a�tep ht- -SfftT for the purposes of providing; a structured live -in environment withiii a non hospital setting; on a 24- hours -a -day, 7 days; -a -week basis, and which includes. (R) facilities that provide: room stud bc. >ard and treatment and rehatAitation within the primary residential facility „-"d 1Reside Itill Li crt,�tti_ �ervir c_l?tL)vider.l , ,sh kt .,1� rirne>dated in the saute manner with w P o the number of residents and the num]l K. of �nits..;is, roc u.':re' c>r �h�r�;���ctive strLtcttitcs c�f_citl��r,� sin Ic famil) .us tit. d .)I .x unit or r td i-f,1niii . unit in dig zotnir %stric,is- �ulicte; :l i° t Ffkei lit: es t»ct'tt --Rtti eelrsrl ilitIrtt : is-ssr itrest€ie3rts- �rint`r tlnatn t#�i lrisnnatt�sitrialaeilit --lrr , for trea tn 1 20 ORD. NC). 10 -11 . .... ...... ... ffttppiy - agj; art 15. 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 nor affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. S _ec t That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. S,ection 17. 'Mitt this ordinance shall become effective immediately upon its passage on second and fatal reading. PASSED AND ADOTITE'D in regular session on second and final reading on th' the S' day in on in,, me day f A pril, 2011. ;k M -A Y 0 CJI- ? C:Ierk First Readill Second Readin), 21 ORD. NO 10 -11 MICHAEL S. WEINER JEFFREY C. LYNNE IAURIE A. THOMYSON February 3, 2012 VIA HAND DELIVERY Mr. Estelio Breto Senior Planner City of Delray Beach 100 N.W. 15t Avenue Delray Beach, FL 33444 LAW OFFICES WEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE 1 "AvENUE, Suym C DFLRAY BEACH, FLORIDA 33441 RE: Delray Inn Patient Facility; Class III Site Plan OUR FILE NO.: REMD002 Dear Estelio: TELEPHONE (561) 265 - 2666 FACSIMa.E (561) 272 - 6831 JI.YNNE @ZONELAW.COM W W W.ZONF.LAw.COM Enclosed please find eight (8) copies of the revised plans for the above referenced project together with one (1) 8 ' /z" x 11" reduced copy along with a CD of the plans in pdf format. In addition, also enclosed are the responses to the TAC comments dated January 24, 2012. I am confirming that this matter will be placed on the February 22, 2012 SPRAB. Please contact me, should you have any questions. Thank you very much for your assistance in this matter. E 0: 1REMD0021Resubmittal On Feb 3 2012 %esubmittal Letter To Broo Re SPRAB Plans.Feb 3 2012.Docx RESPONSES TO FIRE COMMENTS 1. Show fire extinguishers types and locations. Fire extinguisher type and locations are now shown Please refer to sheet A -1. 2. Show EXIT sign and emergency lighting for interior space. Exit signs and emergency lighting for interior space now shown Please see sheet A -1 3. Separate permits for kitchen hood and suppression system. Noted. 4. Separate permit for a NFPA 13 Fire Sprinkler System with Central Station monitoring. Noted. RESPONSES TO LANDSCAPE COMMENTS All parking rows are required to terminate with a landscape island that is 5' minimum in width (exclusive of curbing) and has 75 square feet of planting area. All islands are required to contain at least one (1) canopy tree that is 12' in height. A required landscape island is missing from NE corner of this property. Show on plans. All of the parking lot islands contain the code minimum, with the exception of the NE corner of the site. We are unable to meet the "shade tree requirements" due to the proximity of the overhead power and skt!! visibility triangles. We have however decreased the non - conformity of this area by relocatin_g a triangle palm into the island 2. All landscape islands must be curbed with type D curbing or better. The island at the NE corner is missing curbing. Type D curbing is now shown at the NE corner. 3. The addition of flowering understory trees will add beauty to the front of the building facing NE 6"' Avenue. Incorporate flowering accents such as Desert Cassia, Hibiscus standards and Jatropha standards. We acknowledge the landscape planners Suggestions; however, as the landscape architect for the project, we have desf ned the Droiect to meet or exceed the code requirements. 4. An irrigation plan will be required during the building permitting phase. frrigation plans have been provided with this submittal RESPONSES TO CPTED COMMENTS Overview: The proposal calls for renovations to a hotel which is currently being used as a residential substance abuse rehabilitation facility. The site sits along Delray's downtown Central Business District on the North Federal Hwy corridor, The proposal suggests a stealthier contribution to this area of the city than that of previous proposals for the same site. Noted. This review is based upon proposed site plans, a Photometric Study IPS], Delray Beach Police Department Crime Statistics (available by public records request), several on -site visits during daytime lighting conditions, and accepted 'Crime Prevention Thru Environmental Design' [CPTED] principals. Noted. Safety and Security: The hotel has operated under a number of different names (i.e.: 'The Amigo Hotel', until the early 1990's). It has an extensive history of various types of criminal activities ranging involving narcotics and prostitution. Though recent 'calls for service' rates have been lower, the site has experienced a number of overdose related incidents which required the response of fire department paramedics. The site is a'Medium Risk' location with regards to the level of risk that it presents to clients, patrons, and employees. Noted. Lighting and Landscaping: The proposal includes a vague Photometric Study IPS] with no Electrical Plan. The proposal fails to indicate the type of luminaries which will be used. Currently, the exterior lighting is antiquated and ineffective. The front, West, side of the building use only two dual flood lamps which are mounted over the entrances of rooms 1, and, 4. The North side and the East alleyway exposures contain single street lamp style fixtures. New luminaries will be used to achieve required photometric levels. New luminaries are now shown on the plans. Please see sheet A -8. Existing lighting will not be used to achieve the required photometric levels. The PS provides a scant number of Foot Candle [Fc] values. Those provided are adequate However, the PS needs to be expanded to include all perimeter and courtyard areas. The photometrics have been expanded to include the perimeter of the building The courf yard is space with controlled access and will only have lhahtinn as necessary_ Because quality illumination is as important as Fc levels, all exterior areas should receive pole mounted shoebox style fixtures containing L.E.D. or metal halide lamps. Furthermore, the close proximity of the building to the narrow alleyway will make it important that Fc levels do not negatively impact the privacy of the residents on the East side of the alley. Metal Halide lamps are to be used. Please refer to sheet A -6 At the time of my onsite visit it was evident that appropriate trees and foliage are currently being maintained to CPTED standard. Noted. Natural Surveillance [NS]: The proposal a four foot high wall to be constructed which will connect the North and South end of the building and thereby enclose the courtyard area. This wall would inhibit adequate NS to and from the street. _Four (49 feet NO wall is not completely opaque. Maiorlty of wall to be only 2' high with 2' high aluminum picket style fence above and picket style gates on either end of the wall to allow natural surveillance. Please see sheet A -3. This wall should be constructed using CPTED approved heavy gauge aluminum 'picket' fencing in order to provide adequate NS between the street and the courtyard. Fencing to be provided. Please see previous comment. Natural Access Control [NAC]: Access to the location will be adequate. The site uses the city's alleyway as the approach for several parking spots in the rear. The alley is narrow; the nearby adjacent properties to the East are residential homes. Noted. The proposal eliminates all parking along NE &h Avenue. This is an improvement over the current design which requires vehicles to back out onto Federal Highway. Noted. Closed Circuit Television [CCTV] should be added to the North side and rear alley way areas in order to record activity in these areas. CCTV has been added to north and rear alley way areas Please see sheet SP- 1. I GENERAL NOTES .'In]wr.. r•; ausws. w BwxmMB9cra ].�+n::..m-•evw.r,:•rcw:w:a. v".Prvrrceole r0•.tc,w.NO ^^. rT-.. N,SSPGBws P.'nE »rTF9' <.f4. .ice ;7m»VL -W NOISMiID.:ENId'.MOn�tb.l PnM. nc mw9. n:.l m .'.,wrmrkDMre44wiwr : rrr ]:Trn owtlR,,.we- ncrwru'•wmv rsMrn,r.- .r<e,r:aERn.� 1 :�NCi<�nr.:- crfwlsaawer..wuee c.�vLCTV.. ,rtcv.:.ir Tar:e.i•',BwlmrtmaECTae ' a u,+r ±..artDr, i D au».4r.ro.rm uoa..n.YDa:u+Irro�of e..L.w�as.:T,aw.+Mma.asrrm : n DaM it.111e nOMVOnf a.:.Hawa tiu -w mna9r ^.Ba>_TwYm ,n.avww,nnlT�Ymm9•nE,fw'mE: :•x M.�aaECw sxoxNN+iDUL,IT •:rEwab..rnrarnauun..BU m<•,u mrwwu an.>FiEln�crww.w eb Jw:l- Dwuru.]Ir 1-D able lBawwmmwlw�fPtmteeceaEBVN "vale UxwF _nellero: :roa.T9alrns �q.'T4N1lgK1RAnARYMUKBB,om19ArD M!}IB4rYdML0D5T.('forPMTtu:. .P�QYEfO' 4U1.•Mtt ' JINMV[4aTfLLTN. gIBq�YtE O.EPAaT1rNOY4LKW- Y.T:ILR4 4 MmMM@ 0S14SOM1LL] LO C'lY!w:ttAA`ONLVtlCA.MLLN.MV'.b:. r1EYmS ^4.M NCP♦ 11n'8:.4'atll ,r 4rnNn 4rrronNOr Mfa„ Dw•.:9c9Y r-ium wenv,r,rNr:evacr.�. <IG M:.'Y.L,� Pin'ti��,K30' Leaf *�Y�Pe9m1.MEG0YmA @CDCNIY96A aMiibw.M!S !iD.n p�al� La T:l a. . YIr..: 4vOM0b�B :V+IS.r>t1'JnRP.f,C- F+-WVli aTeMr 4PSwE0!M DYPYLLIM �!mfND�iNf S:•'MeOr:+]PSr094M F.St'NN>rYi +WiF.aoS'9�F19 �� wD.!@ IDn'wVr4 M]B(MCIWVDL": C.Y� .R M+^ C.pSEMLL'ArIbML+rYC ! yr� 9ESVaa4i[:4!n��t T:WIPC:Y,4 ":lni /YG• =..i DR'fE '•^.iDDAAMP@LL nef. •ipmEW.:LI.Mi� .wT x M. s1tM VDMR'JV[T ra r.: mlFT :nt..NUavnYr.a,B:.ED. -wrwr Ia:auB_ Tomx.,m m ISq[taPPacmpG r:ena.:lo i:mR r' 16- ..!•TGMfM.LL•^Ef�.vLM-:YD �BYDwNJT.A`YINTYIINiNL,4]i:t -D! .r:v:uxroALLN�,d:..r �' W0."'.MM @..B IM4Yaa�c•MIf K9bR]BSN]wDAttMJM141 w.G xeM crn.TNw TNLt.r"maur"Ra .TYD[. 'Iw P59T.W Df Pkf�Gla =T M mM.TCT B MLLWNLYCNm{ I�'L D i ii1rM'LgT ^1at»ImK ..rCr lE BN,®4a ESNJOM'^pr Dt'.'Ml"`E,T:IlM a ,1-M UTEBrNV.mI. wYLYOU..:w`a4n: 1 NfD tRSmYOL9i.i:WTPYMNrBE BL'.J ". !C41BlM C9�bdfY i�eR VKr 4!T•�'4iE'.J � • ^OGx[ OIPM�SNl^. NBBC PTr :wem.'.VmDFN..4:GM']NT)IMi1F - ?. •STAWIgIaPDn'mlerRr': •N M•:Rn1E0lat:nM1 ' rlGt ra ^. faxuroa' uNOr.. R . \n.LU�ax.run.;q[MCN¢ELP111pC. �scaruwrn'uL•v DYl,w ].r. O11M ]. tNYN]WOON W9PESMY9(.'YFRMlR4w R1- -9110 ]:i�t:n(N]t•Emrfi!CJN'ML1.f 41eIDYMSCrOB4vP9Di: wpFEDWTCwSrN@bn Dw{NCa.,]Ebel .l NPpLLH 'i.D`A L4L�QS P: RS11aEN�PEDIlA:YM�,EF1�LLBi Y.nl Ral"aT- :tM9wN�EM%WDMWIMIEUON Y 7E a9.14:MLLw4YNNSTC rMO4P^aR:: W Cm9n. D^PT.4] >bl W VrbLL� IDT! BN1mNOR1• [ /lt1:V tM"D:fi9. DF.aNILLSHJrBTMFDIKdf xllffYEI.ttDN9.anmrTCPN6CIM `fbIYED[.T1YR.']{ � R_'nMl�. L`E:HON:fVAIYW..ISAYIYLL,C RCM1AC10BY rS!E KTINtYCPN J'••]LfOwo..11¢N',SR >AImnT ..r�Nr ID�BTB�. 'r>7wa w.Y'a9LL�Y R9P9MLLOPELec KDAnEM D<WNO(MDn.' RW@R ]4:.1 bNSR..iMria @Iwi'amJDl>w K.TDUE IN CtY1RaND4:LLMR'ieY, ]!pPgray. �AMVfxiNr.P.tUN MW.. �•;4�J�al;;rrpp�4��iCtN2!f YC ?A:]' •. 6E n +wrMrEr:YM CbDIwCT L.•]]T.S9F w.vJM R?c V'.4LwroYP t- :�ICKASP: 4- S+r+PSS.eHLI.,MV�V 01St.➢ wVi ('vYG.Enar9wfp Ae MPNG[sJJRNf VDYOgh,i•PIOB iMINO'E @.C'M+'!OS TE OCL1YVlyr cyffFAiCNOALWfNmT'T:O WL9tCKY[iCn Bn unaDn.^�nTrNBU EawtertaNlrNU..sNerx>wr 4w:.0 uc,uwlNe �r•[�aexnm]Y...rf+ECr ee <nlex.enicm9EN.u,mmm�eP....rv.I NPP ,aBrr.w YSr`wr•.,BIND.nD wLTDrteNw aN.u.lc Pac-0 rwTC vurNaf slwuaaTYwYnzroTrearNeP In rINF .-I@NP WLLiTSB4Jm'Mw'A:w.u-!EaLL v6c Sa.cvc,l. •14.KL 41F�oG.4 >w�Y✓�.ET!atA r Jfmc. �; C':a..P �Ynlr GSlE Di<aR"{na4 +4NilaD¢4S M<@rRWRtn LiVAR'. wJNEtIDrG sac 119D eK 1B£IfMnl R64]MLLE� flrl.Tl. 91-1' Y(..> C� 'DYS.a'b'!BKTUTabTb;.C]M1.K[�NP 1N CEG'IM@GCtINLKE T <TMMPUIto::wLLa:)IB'- I!;00.6E KMM�I!(Y'KNDI ULL�1gc -YSwas mwTLPJ141:T.wIDPiMN1i'IT'RFD _ 4fSwLLK>tGNO^:X,E rDBni. YIbKSmY@ SBpa< nJTn •.00M]R4rD94watr.aEDRnicl.i[MMY a1: Mabrimacrl.ru= savrwc Lv� N tJMr� ML M• �R- 'J9F:w�MTC9bi.TFMf»IUr:R� :ewrR DL RW bP;PRG'TNa !01111-: t•1rI04YYbi T,HDSLL,N'.: aMf vSlolEDyL<..,Brplry k.. rAlSx�winiuRW [YSM1m IS)l UAr�.Tlt]iU�1EbM rlerK [MSL �YtM�JF�IYIIW.FW a�r�DN .•��ar.•. 'LIDiJMDWmMw01•:im' wswro r:9KINx Qw'`n qq S- KLSYtA W. at.]v:wDiEaY.lw.na.,xnP-DB10M .wU :fn1L 4LBw MEf3:QID3a YMC InIMt�..oemin avlIDlareave YlLif'1MYR! MIY.i'. AmP..+�11MK iBi �Maru'Pb.•B,r•1OB•.TeE w`"oTIDm•Pa:rYM »mRan...xP. .:: �ofu9nau <,9w @.. ;w,r.T.ueL.•r.y x+o.• rM94.iLL/t1OR1 ®K NY D!:'.Ii N@A CLIENT DAVID REMLAND REMIAND CCMMERCU+L 3361 N.W. BOCA RATON BLVD. BOCA RATON, FL 33431 i TELEPHONE: 961 J309.8610 FAX: 561-807 -Ot00 ARCHITECT RICHARD JONES ARCMTECTURE 10 S.E. FIRST AVENUE, SUITE 102 DELRAY BEACH, FL. 93444 CONTACT: RICHARD JCNES TELEPHONE: 581- 274.9136 FAX: 581- 274 -9196 grt y DEL Y INN- PATPEN FACILITY A-f 29'7 N.`. btu AVENUE - Delray Beach, FL. 33444 DRAWNG INDEX PROJECT INFORMATION PIErOCED PRD.k3CT; 4,92,75.F.. in oED. OEiOLW171TONFAOLITY OCCIPANCfY TYPE: �1- 2'.N671VOONAL- DETOX1F1CATMKFAQU7Y OOVMHN7 ODDE: FHC maI EDITION ••"•.•.•`.••••••••`•� FFPC 2007 EDITION NFP.4 I IFC FLONDA 2DW W710h NITA 101 LSC K.OAQA 20W MIMN WAN ROOF N9QT^ �E7031N10 -�1 AREA: PASTHS TPQ OF CONSTRIJOWN: \T!'PE V•9.SNUNCLEfSeD1 BIJLMNG MmQWR ENC OSED ia'+t& CM'MWML 91A1NESS DISTMCT- -_ -.... ^�._.... .._. ..�._._ S2l IJ�ION Vii._ -. - --" M PLAN ` -_ _ -.- CiVIL ENGINEEZ ! LANDSCAPE ENVIRODESIGN ASSOCIATES, INC. 298 NE 2ND AVENUE DELRAY BEACH, FIL 33444 PHONE. 561- 274 900 EXT.24 FAX: 661 - 2744558 Ai IL0111 i GL I DANIEL H. CARTER LANDSCAPE ARCHITECTURE, INC. 74 N. E. 5U1 AVE. DELRAY BEACH, P_ 33483 PHONE: 681 - 272-0621 LOCATION MAP CI Ii211GVAD 809 BUGGEE, INC. SURVEY 6 MAPPING BUSINESS P.O. BOX 3887 BOYNTON BEACH, FL 33426 PHONE 561 -732 -7877 mcmWictm 71 IV =umCI,OSR LYY�„ YL•NNi L F g 1_j < WW� w � m Z� A vl Na a BlllaS S t .u•.pal uai:..iV WmcL'•IYJ ILS. rL /Jl DLC1:d DM -:1-R JYYTnI. 1 . J .�gro�.[ mlYnrs f N � I . ` I UI COVER I SHEET ! CVR SITE DATA Zomma �TYaaF'1DW >s . ..... ... . ....... . -laws Gem ymmma KXK* XI1.L WWII. 1741[ NMI ': 1111.1 F=Ml. 111" A M.L M M-9 F ad *1151mim I mAr mm , s;w I= 0 .711. mew 11 O"FAM LEGAL IDESCRTTION LOTS I AND% MUMOK 1% WWWT1*TOWM C UMTQK A KODWAMOF 7MCfrfOF DELMAY110001. MOPUM.ACCOMOM10 "I PLATTHEMOR, ON III& IN ym*RqmcF " au."KOFTM Ow4w COURTIN AM FOR F.—EM. RTFOR111NM RE CIY.Y/IRMM11'DamTO ', M0VGMWt Ik tMRAOD N OFMLAL WORDSOMM PAW W. PUILIG MWORDS W F�MACH CMMY,RAmbk ■ALWrTo OMIMOT04 NERMCTKW" EABBEMM ormiIcom LFAW. ---------- 7— 7 ;----LIE—qrd STREET -- ----------------- ----- --- -- -- ----------- 7 � F-1 r 1-w.lu 7­77�. L f A 9't F J. EXJ9nN0 13TORY uj I-VA.F2. [H A. 2� N­ mm ---------- A ME 3M .F; -M 711 Site Plan el'CE PLAN ;-t I tA� Pin ; uk;t. f - WcstEImtion North and South FJcvv4on Dumpster Details Floor Plan N ..e. (D Roof Plan F,^0F TO F. +i 9iiHD STORAGE 1 VI ;=F To RE, STORAGE BUIMING West Elevation East Etc-ation Tl_ 01 North Elevation i Ji lu i South Elevation CRUftyard SoUffi Elevation wre r-m c North Elevation PPTV- L> l!V A T 1641vOTES ELEVATIONS A-4 7 -.0 lie, OAatYa.� O I L> l!V A T 1641vOTES ELEVATIONS A-4 7 West Elevation OPYOMH section 4tlT O I jl SECnolt, RENDERED r LZ. vxnm A-5 AOCBARD IOMM m 0 w i NO I AJLCffr[ECTMM 14 M 4tlT O I jl SECnolt, RENDERED r LZ. vxnm A-5 .0 b.o b.a b -4 o b.o b.c b o b.o b. b.c bto b.0 b.c ff �{ e T J °��r�. :f . I b o b.o ba F:j b o b.o b.c b b.o b an j b a b.o b.t blo b.o b.c D b 0 b.a b.a %A 'w' A.. bio b.o b.o b. M IOD- E031 - b o b.o b.o I --T b.0 'a. a b. o b 'o b.o b.L b.i b.1 b.i b.1 b.o b.o b.o b.i b.2 b.1 b.a b.0 b.o b.o b.o b.o b.o b.c b.0 b.o b.o b.0 b.0 b.c b.o b.o b.0 b.0 b.0 b.o �b -o b.o b.0 b.o b.0 b.c b.o b.0 b.o b.o b.o b.0 b.o b.o b.o b.o b.o b.o l.at T- _ _ rE N•E_3rd STf:EET f � an.uiow.w: w+•INCSO�s�rt.4aw 1 uae•arw[:,.i a, iv..wtlewni. wf. y„x • ,•••••� �XI5.17NO NA18VIALR�VM. S[YlE3w_E �X ..,�"�a�tn�r�..�nm.. •- _•_.•: ••• OTV. MY DESCRIP'lON 'wau�ootr TFy' x FJUSTlNO MATERIAL RELOCATION SCHEDULE v :+ A W •-cT� rgNkma' U.v c�k haem.e •o.aa.'ar.t�'a- m.i.� OY, bE3CPoPii?Y TOTAL N0.0a OF E:iTIN3 M1 .IERL4;5 TO M' e4 .:G.'ED +3 5 TD CT „-r4 dam,!' Tr'vnp{c po4n MMS TO if f- eAOVED UJl TO °00' CCNDT!0-1 IR.'.:1_N9 YT ARUCTURS. LOY.' 2 FM-d Pry- hesparmo akgara /Alem:�d +r peon d-bl. CROTC4, hi TRACKED OR DAMA^.FOT.'.UNKSTROCILIRES 2 P+Gd Phc mY R—bt ftl.& PYM.V dale P.k, d; C6 TOTAL NUL:AER O.' EXISTING MAMMALS To BE RBACAM S `SE1 _ PLMTIK7 RMS PORREL000. nON L ExWino ConcOtbrm Ran REMCM W. » d y.12 os cyr.cmur:� ":i�^ I .11 t31 mix O w ar Z b O U_ WAS y aIGN m TO na D � m L: c a 4 is F' Z L l T� 6 n oxc iztn 5 +tin I=) ' W IW Z = Q w �s,rrauroaa .�pti:n r.,wa. avnxa iec�^�s.w�ixe,u:m Noic . s .r�c.•w...mw AI A` a Ground Mscharkd EqulpmOnt xr. a. o. r •r.e.etir:`;s�..`.r:+..`..`,'rsM n.r. `.:r v. �••a NOTE' AI LasLaix V',Y,Mi1 Slphf idcv,pV. Such Ar, 8ut Not L'rf14d T0. EKtedcr LMI;y 1N.rruMw.,. ,..r,,,x..,m,,.�,u,.,.,.,r,,, •.; r��„ L,al Prov'de Urx,6rin,aled GOn+hWIry AIA Bwm, then. AndT.gndonraa Shall8a .., ..�...,..., _.wr..:w. c�r....as.w.m.+,`...r Notican!W it ai [:: -Mwn �lYxnm AndL Deptted Oh Al Pbm And Shd Ba Yeuary eel. 6•c:a: .ry l,un Fom POUenoni. Som.ned. Ba JAfa:•Pre- -J.. Shall Ee o ..: v...... .aa.,...v::a:r. .::�°•••n•'"•- .•�•O"�"'.•••'• Palmed To Match RMfple stt tw&, ar e....<...,r..o...a�,wi :....+. sN 51 UM.. " •.; aea -acMre Vuu�� t�3ovC� ��y r O a 'c O L U NO) Irmo m I� > s •iC; �3 m WIN c O >4c m .0 4 �4su sera � Hlima O u a z anc cu, r.q _x.nr L -2 6 3wi W .K Y t hVUVYE0IDY40.Ts: ai Wr4.n .>fl �+oLCeu¢�/£ — ♦'M.w �. a+e•.w INY:v]rtCr/y R, I],ar+nY.wV:4.bA. �I!1ea +.l'rl t]FnM >r. ]'m.�[aq Mtf]•�W. fNi!.t�r.aw.�.uWR tc..l r.rn Glaunecamw — � -- •—��• r r.. 4Yrt 9hR�Jt •u £3_ _ - - -_ T ion. a.. -v. ma wnra.or �.,n.se.+..r.wr: c,. rw:.wa+.+rf w.]u. ].••.a w rT ^wedn].ewlbk/o�:MUa.ran¢•:ew cn.+0.<4vAMS.'!s •wMer tiiwMl Wro.4.h.i9K]1nc..:nwll.neylq xfsmYaf4a�+daaW Lay l�. �.�r %W rnA•.MR.IYIaW ccWaoia•b�wmr..1]wMp¢.•.4]eN '.naM3drlM P]c,. ealrwbaK'�lh i!.tllwron -� � —_._ 1�• ewe — - -_ -_ r r... �"" _,, .. •�� 'J� k•:, .+rfr+ �� � — �i1�9w'�'+.� xr ] • � — wti +w,r + �• W wbllVF.'.rldsm �l...Fa/S+'<MgT..cY.e'.r']�.. SAC • i. IdM1,a nVr nuKW bV4t�Ne+cis]!t4.+AMdsea SSdG3wti :A•.4lame'apel.- 3IIp:nN.a, �x.�'w]e N` NA.•aM'�m.Na A.maK.bA Mb A.L'er9a:w- .o+n•f A..:ieabMnAr� r .nra:. VMalwea. w.. algF. mbe.JFenlr.wCCun•.]naMk�as'eaYM MY . clbY]W,Ma,».yn0lfu'gv4a.�w.rlMp l.Naf•.M.NY�prMFfa4d t AY+ �elbni4imisMbltile +el]+dm..r+•p+Oru1s al.Y .w,ay?QJ4'ao e3.f brAlYll..lob4M� -]V. •maAtt' �scn�wooGr welo.m ,•/p]mf'bgeulb •,4 tlrt ./YMR %J3bL +pfe.eav aulsL3./ ra.r ' i �S.r — �]it M]11911C.14 "1l9 ,. :ii tis+4a]o. tto: ]q.c r_entrin i NYyMI.mle.n.rn.d:.enea�..yr <uY. r.i4w.+ew:•e NMwi:aYaw.:..e. .soh:,ALS e4Rn A.b/ty rea. Wt4V+J'Fbc^]cO.r,.elvp d4'av] CYC Wy;]11N11 ]f llII.kD _.I]V! /]�.SCT l NOhd.dcleeilRrwldfoll]. \c133. M.+sow ey'3tan.3::n a.e.nynabbelN].1 ]>••.�� w,..+[.:. •] I•erteaw�4en�+ieepeHralo:a..nw•q pe MWywee M:�e] N.I.�i ^..a4�sl' udIYIIYTJm' Tl- ra•• /ileAwYambN..ew . aaerV.JKAIV a!/i.y nsn .�oIA VaWla +nm]ka, L~.r�rr _. -.. �N Fw. C. �•3eP. beMemsac•M.bp "s slr y.:.]ey;npA 'VY�ra+�M rai. wupC..urw tr +[: 0. NGMY4IK ".1 NTC� tl4RllalN M.:e1'•PKEal1COF] .Y41.�RI W .K Y t hVUVYE0IDY40.Ts: ai Wr4.n .>fl �+oLCeu¢�/£ �•J •,t 3.Ib •y l 6�l.IJRRIAV.3u[]IE]IR'Ni a� a. tot 3 WYK MUF W.'CN3 aFAJ: E!n ]vY R bM]IIORq ]r:.AEiba(] 4m .... WrA�.IR10.: ]FO:F'M/�311T/:N. . Sew NJeq{]]O. n rr �]it M]11911C.14 "1l9 ,. :ii tis+4a]o. tto: ]q.c r_entrin A• � ^..a4�sl' udIYIIYTJm' Tl- APE rALCULAiOIVS 'ab/'lail4nvnYt RlPe4anMaaam:aJSV . s Slnt �µ jar oiry.Y� b►1ra p+Yxlrpwp.p u:�a.. 4.erb3 r.e. Mraet.u] QS� A n•4aMNnb l lNre ]o/.R] aTJ +qva 3 /�A• Trrl•, ^. •ebY:•MI'V dvb OeII.seil �.i.00FO NRV daYeJVt.•// e!2niAw.etr+J J{W lo////wur n rr d M. w ]Ja4+t3�. 3r.1 aia.r.+mharo 3l ron q s -.d lVb._nvera a,u MF.cIrM(wcv.bc•�ovl lC .n3r+R+.e9+']Iio. 'ab/'lail4nvnYt 3 C..I- OVf pgEUel fbd•b]iW ]r++e/ ]i£map n.] n4' ,�• .. 31cW�.wpq'•linpp!y/•lalu.: �. u:�a.. 3 /�A• Trrl•, ^. •ebY:•MI'V dvb OeII.seil �.i.00FO NRV daYeJVt.•// 1.1 ar t•:JhnR+hWU'Ury4m dy;n `loo• 1'OCekr FON/+. LI'V[aoFn 5.'!061 ee. 1l�ti3T3E ro] i � rmw] ,J>,t'aewooE :biM1- r„ <wa...wy.rl.n .Jao. alt]aII°n�r� iY:e4 >A.el,emapf aw lei .Ce4k}sn wITH LL`M.e� +a..�WJr.. waba:w Ae.3mrsm ev44Ja]"w.ww .. Noes & Details kl'.VICN3 BY ca LU E} m 2�at Cdy Cmr]M (11] 111 W � n A m Q 1A 4 Z < W H O ZA lL F L arm p Q4ft m ■ow m Me D C o Q r em '0 ms t LLi igffi��1� Z O � GJ7 N 13.1.11 �a]J' ^�T LLloap L -3 6 N.E.3rd ST.REFr it qFE !F U.M j ---- ------ ----- -------- -------------- lio2 2 V Gplo D�D-o 5D 3F MEW LJ Z z Li ilea=) 9— (Try) stir----------- -------- •',A 0, Is CMG—' JUG—, tW CtNIIE L C io cc CL UA 0 C-xx w z P. < G LU LU u a) WIN ca MT airy � CL LJ MV! L-4 f.,'-N.E-.3-rd-STREET n Wi� 0 7, L---J ri !It Lj rl, ri w- y -C rAl -1 • Li . . . . . . . . . . . . PIZ------------ 7." !\ i ♦ Skp (TV3 L- - - - - - - - g -Mfil --m-L. Bubbler Plen F=Fl M 15 .W = C3 am Zen LU (D D grim L-5 n a t.r. +e..fd. f>ra.b>cab.�a•. KhlFSplFt vima<IfabalHri>rbW. #>W.K: bY�rtTrwrR ,us. . wrwWtw nrt?y w p �r0.'�.+`F.eti -, i4►.Fl.Dde�.Y�bli� cf bM 4gr�Flnby![af� Y+W we<1�u �4,��f>IM wpnla 1Nr>. a� Mt b»br:>bm. ubF^ilp �,in^w4MFf�rac/la'b....rwar.M �uDq N6W<Ma.,efffFnwnmq>.bart> p.F. >,erurwgw W w<a.rins.s.sfw.rcnau Fr f W b tM'a Y �F'l.nclF+aa.YM -�wV R4�.�ad� ' M4wu<Jefo Mini \»rN y✓t>Mw r�Yd >FmM.yr br.- w:•�al YDr,>sfp.aF+a fN.rr.. M.+wv�cax�wwa>e wet...s�gr#.na r� mxar -� rf �� EEL .� 4i4 WI:h L t 9;3.i tM2&- Details RcY151C7.it 1+ e�q +�_.D4 NCfi /le 1 cr:�on.:bw;izi r im A� � al .r r di S mY lym o cc Cl -a .O f� U mm D G ;h c 4 Ft��►� ^ i H.tll Y.1O L_fi 6 � rF EL 14.00 MMQ cles te Mal- LOCATION MAP iv. T. S. co LEGEND- rlWS HER' G "I STORY iNALDING M. Oil Of? DMSA*Y DEPTH Or ALL WSTOM UTUXMS AT T09P OF CONSMCno,4 AND REPORT ANY To 1-800-432-47'70 C92COM ANY THEIS OR T. MM OR RAIMAG S. TRur SBAIJ SCALE: V.- 10' 11BACK STANDARD DvAns; LO LA MMT I i � I �, I` � •'° f I i F� E� 1�- ''�iF/'��7�T' '� � �.w �a � .ammsic 2A`��v M Y .ry arm a Y°° sy� °�� a.+t i • i n �i s" rL w[wmea K rr mm uc ^FE •X �m!'°`��` l 71P.�� i u mew m fYltwiMY[ .4• WM�Wr 11VA kMMC,OM1 - i•8[ tr' 90CC�IK[ JOMR « TA= Gr sof%FJ: 10 d —D6 - Y r s•�Fw.e,mim qs�w �PAV]IEYT SaFt[KATIDN3 �OMf.,S•S ,'•X MHO : lrtfa4f /'mt 1-r Y¢ .K DDIIM1.Y��oa��R (avcm .w'.es.r er : o. 1p°oa ws'R°u°ory�6i O°0OQ TYPICAL 50' R/Y W/ PARAl1EL PARING CECTION GETAIL RT 1.3 fur r vrc 1• ' ' TYPCAL PARKa1G SPACES (1 CF S) OETAL AT A,2a I- y A I �ww ••r _ 7 / SDEWAU[ COL'S- RUGnON�RT 5.1 P�v$pj'Zrr. WIAIDNC �PEf51fA1G15 ° .o�.[r�i.:'�i�:.T�krwr �"w «�,i :. rw.w ,.rir .'.• I.ti D PTaIM.[X' YFITQNG4 r ALL PFVflIcMT uFgDKyS M 1� �.4.,•.r r.. 4 w MriMM .•. VLLLL(!/�- ss,r¢ N1.I[ mvrACle ri.�jH fCm �4aii Q 4 C ,mP•a IAL•. MY �` K G131CR[i CtMR IDGa Ynr Y AD'b9r1L:k�4� osIYTmT Si.�Iai.eeCplype No>F. u Y I,W o ' 4�i4S ga�Fr�a M,s��wrt mS «t - «-w4.r .fir M/«r[,v .w•« Mw•rr� y~��'_4. rm.l..rr w,rlc y.�tii+ r...•��nir .Ar.n« i...w�w w.rr «fir e���rm r. %w.e ..... ii..« .rte � R•:i .�M�« iLV^OWRY Yi'Mpq ��.w ..rYi «�r �«j,.°�.y KwowrL •M W"'' a NF6ta PAr'.lpr: YNSO6 � .L.rrr � r rrr.r .�i rr �r DPiA N�rtE �ar A�ws.irs wW r�+Y r OAS' �wM � F �=ir YCUTL� �f�Y S .at Y•s M rY, 4 r �Pm �I•^� •�w«'YT ��r�"• -n.Yn �4•�+ _~ � 7 CURB ARO ER SECIONS RT 5.1 PAVEMENT .i01N'T DETAL RT 7.1 .. Pq' E IEW YAMKh, SKMCACONS RT die I (STFM 1 al 2) PMINENT MAF:IpNO SPEOfI,",ATIONS RT 81b (Sheet 2 of Z} _ I jhgza ii TYPE C & E INLET MATE CETAJL '11 6.1 IY MOM, TYPE C & E IKET DETAIL 0 7.1 STANDARD SEDDM 0 3.1 WI ml n =41M -!?.A Ur: r—M, w N.E. 3rd S Ar, EROSION CONTROL NOTES DUAL 09.1 I I It 1 11 INLET FLTFR DETAIL D 5.1 G'A TE)dFOFARY SILT. FENCING (TYPICAL) SILT FENCE BE INSTALL 7()N TALI) sLI. Sbeft A of 2 SILT FENCE N TA IL STALLATION DE D 9.1b Sh.0 2 Of 2 AP"r. te-US-1 —12 .-D FENCING (TYP r sTORr EMOING Lo, v V- 44. m M r.4 1-500-432-4770 WE tHi E-1 zvg >4 Z ow aw 07 JOB "0. 1111,12-1 FM ;.27 4.4 g as i - rcr�c� Boundary do Topographic Survey for Rendaad Commercial r L cs�ne.w..cr .0 x O an ITF 8 ` REACH C ELRAY REACH All- Amedca ty January 23, 2012 Mr. Jeffrey Lynne Law Offices of Weiner & Lynne I t 3 Professional Association 10 SE 1" Avenue, Suite C Delray Beach, FL 33444 Re: 297 NE 61" Avenue, (Delray Inn) PCN# 12- 43- 46- 16- 01114 -0010 Dear Mr. Lynne: This letter is in response to your request for zoning verification for the above - referenced property located at 297 NE 6h Avenue, The responses below follow the same order as listed in your request letter. 1. Land use and zoning classification of the property. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of (CBD) Central Business District. 2. Permitted and Conditional uses of the property. Enclosed is a copy of Land Development Regulations (LDR) Section 4.4.13, which lists the Permitted and Conditional uses allowed in the Central Business District. 3. All reasonable accommodations approved for the property and the vested status of those approvals. On August 25, 2010, a request for Reasonable Accommodation to the distance and conditional use requirements under LDR Sections 4.3.13(D)(1) and 4.3.3(D)(6)(b) was granted for Delray Inn, Inc. This reasonable accommodation, which is limited to the approvals set forth in the City's August 25, 2010 approval from the City, still remains valid today; however it applies to Delray Inn, Inc. only and is not transferrable. 4. Property development regulations for the property. Please reference the enclosed LDR Section 4.4.13, which details the specific regulations pertaining to the Central Business District. A variety of sections throughout the Land Development Regulations may apply to the subject property, among which, without limitation, include the following: • LDR Section 4.3.4(K) — Setbacks, lot requirements, etc. • LDR Section 4.6.5 — Lighting • LDR Section 4.6.9 — Parking • LDR Section 4.6.16 — Landscaping LDR Section 2.4,5(1) — Architectural Requirements • LDR Section 4.6.7 — Signage January 23, 2012 Page 2 5. What vested rights, if any, the Property may have. None. 6. Whether the property can be used for a residential substance abuse treatment facility to include detoxification and, if so, confirm the regulations regarding the use and for obtaining zoning approvals from the City for the use. Detoxification facilities as regulated by Section 397,311(18)(x) 4., Fla. Stat. are a prohibited use in the City's Central Business District. Residential Treatment Facilities as regulated by Section 397.311 (18)(a)(9) are allowed as a permitted use within the City's Central Business District subject to limitations on density. The present status of any and all development application on file with the City for the use of the Property as a residential substance abuse treatment facility to include detoxification. Based on the information given by the applicant (which is not Delray Inn, Inc.) in its letter dated January 18, 2012, the proposed use of Detoxification as regulated by Section 397.311 (18)(a)4. is prohibited in the City's Central Business District. Should you have any further questions, please feel free to contact me at (561) 243 -7041. Sincerely, Paul Dorling Director of Planning and Zoning Enclosures • LDR Section 4.4,13 • LDR Section 4.3.4(K) • LDR Section 4.6.9 • LDR Section 4.6.16 • LDR Section 2.4.5(1) • LDR Section 4.67 MICHAEL S. WEROM JEFFREY C. LYNNE LAURIE A. THONMON January 24, 2012 VIA E -MAIL and HAND- DELIVERY Brian Shutt, Esq., City Attorney City of Delray Beach 200 NW l" Avenue Delray Beach, Florida 33444 LAW OFMCFS ;MNER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIAMN 10 SE 1"AvENuE, Surm C DELRAY BEACH, FLORIDA 33444 41 Al ... *Y AT T 0 11 t F��e TELEPHONE (561) 265 - 2666 FACSBULE (561) 272 - 6831 JI YNNE@ZONELAW.COM W W W.ZONELAW.COM JAN, 2. Re: Delray Inn, 297 NE 6`h Avenue, PCN # 12- 43- 46- 16 -01- 114 -0010 (the "Property ") Our File No.: REMD002 Dear Brian: I am writing to confirm the conversation we had both last night and this morning regarding the use of the Property for Residential Detoxification. You have stated that the use of the Property as a Residential Detoxification use (as that use is defined by Section 397.311(18)(a)(4), Fla. Stat., and as regulated by Rule 6513- 30.006, F.A.C.1) is a permitted use, as a result of the Reasonable Accommodation approved by the City on August 25, 2010 and the pending Class III site plan/change of use application submitted by the Property's owner, DELRAY INN, INC., may proceed to SPRAB to the extent DELRAY INN, INC. is and remains the applicant. We have represented to you that the owner /applicant remains unchanged. Our client will continue to rely upon your representations moving forward in the expenditure of funds and the acquisition of financing. We request this matter be placed on the next available SPRAB agenda for review. Cc: Paul Dorling, Planning & Zoning Director (w/ enclosures) Michael S. Weiner, Esq. (w /enclosures) Delray Inn, Inc. (w/ enclosures) 1 For purposes of clarity, Ch. 397, Fla. Stat., does not provide the framework for regulation of such providers; those regulations are contained within the Florida Administrative Code, more specifically Rule 65D -30. 0:\REMD002\ Correspondence \Ltr.Shutt.1.24.2012.Docx '111SION #2 AGENDA n SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH Meeting Date: February 22, 2012 Type of Meeting: Regular Meeting Location: City Commission Chambers Time: 6:00 p.m. The City shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal] opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Please contact Doug Smith at 243 -7144 24 hours prior to the program or activity in order for the City to reasonably accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. If a person decides to appeal any decision made by the Site Plan Review and Appearance Board with respect to any matter considered at this meeting or hearing, such persons will need a record of these proceedings, and for this purpose such persons may need to ensure that a verbatim record of the proceedings is made. Such record includes the testimony and evidence upon which the appeal is to be based. The City does not provide or prepare such record. Two or more City Commissioners maybe in attendance. CALL TO ORDER II. SIGNS A. Delray Lincoln Mercury 2102 S. Federal Highway Dan May, Ferrin Signs; Phone: (561) 802 -4242, Email: rimayCa} rrinsic Amendment to the Master Sign Program. B. PGA Tour Superstore 1060 Linton Boulevard Daryl Sturm, Combined Services, Inc.; Phone: (678) 893 -9040, Email I Id2Da ? 'Is�� tn.not Amendment to the Master Sign Program. C. Office Depot 1110 South Federal Highway Shannon Beasley, I.D. Associates, Inc.; Phone: (334) 836 -1400, Email: shr-: alicf.,�ssoc 3tFSinc.ror Consideration of a Waiver to the sign code for additional signage. III. MISCELLANEOUS A. Delray Detox Center 297 NE 6 "' Avenue Weiner, Lynne, & Thompson; Phone (561) 265 -2666, Email: JIm7�zon:a �r, ct:i;Fi Class III Site Plan Modification associated with a change of use from a motel to a non - residential licensed service provided located at the southeast corner of NE 6`h Avenue and NE 3`d Street. B. Hanover Square 226 NW 41S' Avenue Hanover Square HOA; Phone (561) 495 -2028, Email �indycrrieiui<.�t5g;t)i!_C?_Tl Class II Site plan modification associated with construction of additional parking spaces for the existing recreational facilities. C. Congress Park 225 Congress Avenue Weiner, Lynne, & Thompson; Phone (561) 265 -2666, Email: Jlynneez' nq!q ✓y.com Class II Site plan modification associated with the removal of the existing guardhouse and associated hardscape and landscape improvements. Agenda of the February 22, 2012 SPRAB Meeting Page 2 of 2 D. The Grove Restaurant 187 NE 2 °d Street Richard Jones Architecture, Inc.; Phone (561) 274 -9183, Email: info ak�j tecture.com Class III Site plan modification and architectural elevations associated conversion of the existing retail tenant bay to restaurant use. E. Wayside House 328 & 378 NE 6`t' Avenue Jose Aguila, Currie Sowards Aguila Architects; Phone: (561) 276 -4951, Email: Class III Site Plan Modification associated with providing an additional eight beds within a new building addition and interior conversion of an existing space to provide three additional beds, within an existing housing development for a residential licensed service provider. IV. PROJECT PLANS A. Saxena White Corporate Offices 111 SE 1St Avenue Richard Jones Architecture, Inc.; Phone (561) 274 -9186, Email: rich a r'r_;hite_ture.cum Class V Site Plan, Landscape Plan and Architectural Elevations associated with construction of a new three - story commercial office building with a rooftop pavilion, green roof garden area and a main lobby that opens to all three floors. V. PUBLIC COMMENTS VI, OTHER ITEMS A. Administrative Matters: ❑ Board Comments ❑ Staff Comments VII. ADJOURN Candi X 9e erson Candi N. Jefferson Senior Planner RE- POSTED ON FEBRUARY 16, 2012 SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: February 22, 2012 ITEM: Delray Detox Center - Class III Site plan modification, landscape plan, and architectural elevations associated with the conversion of a commercial establishment (9- bedroom motel) to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. This is a facility that will accommodate patients seeking detoxification services from addiction to substances. Outpatient counseling will also be provided. GENERAL DATA: Owner /Applicant ............. Agent............................. Location .......................... Property Size .................. Future Land Use Map..... Current Zoning ............... Adjacent Zoning.... North: East: South: West: Existing Land Use.......... Proposed Land Use........ Delray Inn Inc. Weiner & Lynne, P.A. 297 NE 610 Avenue (SE Corner of NE arc Street & NE 6'h Avenue) 0.364 Acres CC (Commercial Core) CBD (Central Business District) CBD (Central Business District) RM (Multiple Family Residential) CBD (Central Business District) CBD (Central Business District) Nine Bedroom motel Seven Bedroom Non - Residential Licensed Service Provider treating patients seeking detoxification services from addiction to substances. Water Service ................. Existing on site. Sewer Service ................ Existing on site. APPENDIX ."A". CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 12" water main located along NE 3`d Street r -o -w, Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the east alley right -of -way. Adequate fire suppression will be provided via an existing fire hydrant located at the northeast corner of NE 6` Avenue and NE 3`d Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been submitted by the applicant and it indicates that the proposed conversion from motel to detox facility is estimated to result in a net decrease of -38 Average Daily Trips per day with a decrease of -4 AM peak hour trips and -2 PM peak hour trips per day. Parks and Open Space: Park dedication requirements do not apply for non - residential uses, Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The existing motel use generates 10.76 tons of solid waste per year (4,582 x 4.7 = 21,535 / 2,000 = 10.76). The proposed detox facility will generate 13.51 tons of solid waste per year (4,582 x 5.9 = 27,033 / 2,000 = 13.5) which equates to a net increase of 2.75 tons of solid waste per year (13.51 - 10.76 = 2.75). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: There are no modifications to the footprint of the building. Site improvements include additional paving of parking areas and installation of exflltration trenches and swale areas to accommodate site drainage. Thus, there should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements since the property has been in operation for more than 20 years. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class III site plan request for the Delray Detox Center facility pursuant to Land Development Regulations (LDR) Section 2.4.5(F): • Site Plan • Landscape Plan • Architectural Elevations BACKGROUND 1. The subject property is a 0,364 acre site zoned Central Business District (CBD). The property contains a one -story commercial building (motel) originally built in 1953. The motel contains 9 bedrooms within a 3,927 sq. ft. main building and a 655 sq. ft. separate storage building for a total of 4,582 sq. ft. The following are the most recent land use actions that have occurred with respect to the property. On May 10, 2001, a Class I site plan modification was administratively approved for the construction of 6' high fence on the south side of the property. At its meeting of July 19, 2004, the City of Delray Beach Board of Adjustment granted variances from Sections 4.6.9 (E) (1) and 4.6,9 (D) (2) of the City's Land Development Regulations to relocate back -out parking which exists along northbound Federal Highway to NE 31d Street. At its meeting of October 13, 2004, the Site Plan Appearance Board (SPRAB) approved a Class 11 Site plan modification and landscape plan associated with, a) the removal and relocation of the seven (7) existing back -out parking spaces along the west side of the property (NE 6"' Avenue) and replacement with landscaping; b) the construction of seven (7) back -out parking spaces along the north side of the property (NE 3`d Street); c) the construction of seven (7) back -out parking spaces along the east side of the property (rear east alley r -o -w); and d) the construction of a roll -out dumpster. enclosure (8' by 4.5' wide) with 4' wide gates at the southeast corner of the parking area along the alley. None of these SPRAB approved improvements were ever built. On August 25, 2010 a letter was issued by the City granting reasonable accommodation to allow relief from LDR Section 4.4.13(D)(1) and LDR Section 4.3.3(D)(6)(a) that required minimum distances between facilities and a conditional use process. The reasonable accommodation request was granted in association with a pending 18 bed Non - Residential Treatment Facility. On January 23, 2012 a zoning verification letter was issued confirming that the reasonable accommodation dated August 25, 2010 remains valid, but only applies to Delray Inn, Inc. and is not transferable. A Class III site plan modification and landscape plan for the Delray Detox Center has been submitted to convert the 4,582 sq, ft. commercial establishment (9- bedroom motel) to a Non - Residential Licensed Service Provider, which is a facility to accommodate persons seeking detoxification services from addiction to substances. Lengths of stay will vary depending on patient's needs. Outpatient counseling will also be provided. The request is now before the Board for consideration. PIZOJEGT,gESCRIPTION The development proposal incorporates the following: Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 2 • Conversion of existing commercial establishment (9- bedroom motel) measuring 4,582 sq. ft. to an 18 -bed Non - Residential Licensed Service Provider for persons seeking residential detoxification services from addiction to substances; • Removal and relocation of the seven (7) existing back -out parking spaces along the west side of the property (NE 6th Avenue) and replacing them with landscaping; • Installation of 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building; • Installation of a new sloped standing seam metal roof; • Installation of new windows, shutters, and French doors to emphasize a residential appearance on the building; • Installation of a new aluminum gate and fence along the building and adjacent to the storage shed; • Installation of a new roll -out dumpster enclosure (10' by 12' wide) with smooth stucco finish and louvered metal gates located at the southeast comer of the parking area along the alley; and • Installation of associated landscaping. SITE` PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request. LDR Section 4.4.13 (F) — Central Business District Design Guidelines: The proposed development does not meet the requirements of the LDR Section 4.4.13(F)(4)(c), for a height from finished grade to 25' with regard to building frontage and front setbacks (as required by the CBD Design Guidelines) along NE 6th Avenue and NE 3`d Street. However, the existing development is considered an existing non - conforming structure with regard to compliance with CBD design guidelines. It is noted that the proposed conversion of use does not include changes to the foot print of the building. The current non - conformity of the property will not be increased, and thus, compliance with the CBD Design Guidelines is not required for the proposed conversion of use. It is noted with the addition of the new roof the building height increases making it more compliant with CBD requirements. Open Space: Pursuant to LDR Section 4.4.13(F)(2), a minimum of 10% non - vehicular open space shall be provided; however, within the area encompassed by the boundaries of the original Downtown Development Authority as described in Section 8.2.2(6), and within those sections of the CBD zoning district located within the Pineapple Grove Main Street area and east of the Intra - Coastal Waterway, there shall be no minimum open space requirement. The proposed development is not located within the boundaries of the original Downtown Development Authority as described in Section 8.2.2(8), and thus, a minimum of 10% non - vehicular open space shall be provided. The development has provided 36% open space which includes substantial landscape material along the west side of the property along NE 6th Avenue. The proposal exceeds the minimum landscape percentage requirement. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 3 Off - Street Parkin Pursuant to LDR Section 4.6.9(C)(1)(d), Uses Not Listed, any use, or use category, which is not specifically listed within the LDR shall have its parking requirement established at the time of approval of the site and development action associated with the new use or structure. Non - Residential Licensed Service Provider falls into the category of uses not listed within the parking requirements of the LDR. However, staff has applied a parking requirement of one space for each four beds which is required of similar uses like Residential Licensed Service Providers and nursing homes. The proposed use will requires a total 5 parking spaces (4 bedrooms x 2 beds per bedroom) + (2 bedrooms x 3 beds per bedroom) + (1 bedroom x 4 beds) = 18 beds /4 spaces = 5 parking spaces). The Non - Residential Licensed Service Provider will require a total of five (5) spaces. The existing back out spaces on NE 6th Avenue will be replaced with landscaping, but a total of 14 spaces are shown on the plan. Thus, this LDR requirement has been met. LDR Article 4.6 - Supnlemental District Reaulations: Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C) (1) (b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. The Florida Accessibility Code for Building Construction and Federal ADA requirements for commercial properties require a number of parking spaces based on the number of spaces provided in a parking facility, versus the number of spaces re_guired. In short, the code requires 1 ADA compliant space per 25 spaces up to the first 100 spaces, plus an additional space per each 50 up to 200, etc. The project will provide a total of 14 parking spaces, thereby requiring 1 ADA compliant space. The parking space will be located to the north of the structure and adjacent to NE 3rd Street. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C) (1), dumpsters, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side. The proposed refuse area is located to the rear of the property adjacent to the alley. The dumpster enclosure is fully screened, with louvered metal gates, smooth stucco finish, and stucco banding. A detail of the dumpster enclosure has been provided, and thus, this LDR requirement has been met. Visibilitv at Intersections: Sight visibility triangles are required at the intersections formed by the back -out parking areas with the alley and with N.E. 3rd Street, and the intersection of NE 6th Avenue and NE 3rd Street. The required sight visibility triangles have been depicted on the site plan and the landscape plan, and thus this LDR requirement has been met. Lighting: Site Plan Review and Appearance Board Staff Report: Meeting of 02122/12 Delray Detox Center, Class III Site Plan and Landscape Page 4 The photometric plan submitted is in compliance with the maximum 4.0 FC (Foot Candle) and the minimum 0.3 FC illumination level required for residential areas. Thus, this LDR requirement has been met. Right -of -Way Dedication: Allen: Pursuant to LDR Section 5.3.1(D) (2), the required width of an alley is 20' or the existing dominant width. Further, pursuant to LDR Section 5.3.1(D) (3), additional right -of -way width may be required to promote public safety and to ensure adequate access, circulation and parking in high intensity use areas. The existing east alley right -of -way width is 16'. The development proposal will provide parking off the alley. The City Engineer and DSMG (Design Service Management Group) have determined that the width of the alley should be expanded to a width of 20', which is consistent with the widths provided with other redevelopment proposals located in the CBD District. Therefore, a dedication of two feet (2) r -o -w dedication along the alley from the subject property is required and it has been depicted on the site plan and engineering plans and shall be executed via right -of -way deed between the property owner and the City of Delray. The deed agreement shall be recorded with Palm Beach County prior to site plan certification. Thus, this is attached as a condition of approval. Improvement Obligations: Pursuant to LDR Section 6.1.2 (A)(2), when a street or alley is located on a boundary of the project, the project is responsible for providing the improvements along its property line. The applicant will be responsible for the improvement of the alley along its property line. Thus, this is attached as a condition of approval. Pursuant to LDR Section 4.6.6(D)(8)(a), all parking lots and parking spaces, shall be improved either with a paved surface meeting Engineering Department standards, or with a hard surface material (such as brick or turf block on a base course laid in accordance with approved manufacturer's recommendations), or with some other type of surface material acceptable to the City Engineer. The parking area adjacent to the rear east alley and NE 3rd Street needs to be paved. Thus, this is attached as a condition of approval. Civil Engineering Technical Items: The City Engineer has no preliminary technical items regarding the proposal. Any final engineering comments must be addressed with building permit submittal. LANDSCAPE; PLAN ANALYSIS A landscape plan has been submitted and evaluated by the City Senior Landscape Planner. The plan provides for perimeter landscaping of the parking areas. A variety of plants and groundcover materials are employed to enhance the development. The proposed landscape plan generally complies with LDR Section 4.6.16. However, there are several technical items that need to be addressed. Landscape Technical Items: The following Landscape Plan items remain outstanding, and will need to be addressed prior to site plan certification. 1. All parking rows are required to terminate with a landscape island that is 5' minimum in width (exclusive of curbing) and has 75 square feet of planting area. All islands are required to contain at least one (1) canopy tree that is 12' in height. A required landscape island is missing from the N.E, corner of this property. Show on plans. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 5 2. All landscape islands must be curbed with type D curbing or better. The island at the NW corner is missing curbing. 3. The addition of flowering understory trees will add beauty to the front of building facing NE 6h Avenue. Incorporate flowering accents such as Desert Cassia, Hibiscus standards and Jatropha standards. 4. An irrigation plan will be required during the building permitting phase. ARCHITECTURAL ELEVATIONS 'ANALYSIS LDR Section 4.6.18(B) (14) - Criteria for Board Action: The following criteria shall be considered by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The applicant has indicated that the proposal does not include changes in the foot print of the building. Minor architectural elevations changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building. The architectural renderings note paver brick sidewalks around the perimeter of the building. In addition, paver block connections are noted to the existing sidewalk along NE 6" Avenue, and as a minimum the southernmost connection should be provided. The plans do not note this detail and should be modified accordingly. This is a condition of approval. Also, installation of a new sloped standing seam metal roof, new windows, shutters, and French doors are proposed on the main building to emphasize a residential character and appearance on the building as required by LDR Section 4.3.3 (D)(4). These types of architectural changes (new standing seam metal roof, faux windows and color) should also be incorporated in the existing storage building at the southeast corner of the site. This is also attached as a condition of approval. These minor architectural elevation changes will make the building blend in with the neighborhood while making the proposed building harmonious with the surrounding residential uses. The proposed building will be architecturally compatible in style, building material, and color with the existing and adjacent residential and commercial uses in the area. There are no concerns noted with respect to the proposed building elevations as they are consistent with Section 4,6.18 (B)(14) of the Land Development Regulations. Based upon the above, the proposed architectural elevations changes will be a positive contribution to the surrounding area. Therefore, positive findings can be made with respect to LDR Section 4.6.18(6) (14). REQUIRED FINDINGS Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 6 Pursuant to LDR Section 2.4.5(6) (1) (c) Class III Site Plan Modification, a modification to a site plan which represents either a change in intensity of use, or which affects the spatial relationship among improvements on the land, requires partial review of Performance Standards found in LDR Sections 3.1.1, and 3.2.3, as well as required findings of LDR Section 2.4.5(G) (5). LDR Section 2.4.5(G) (5): Pursuant to LDR Section 2.4.5(G) (5), a finding that the proposed changes do not significantly affect the originally approved plan must be made concurrent with approval of a Class III modification. The development proposal involves the conversion of a commercial establishment (9- bedroom motel) to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. This is a facility to accommodate patients seeking detoxification services from addiction to substances. Lengths of stay will vary depending on patients need. Outpatient counseling will also be provided. Pursuant to LDR Section 2.4.5(G) (5), this minor modification would not significantly impact the previous findings. However, the applicable Future Land Use Map and Concurrency items as they relate to this development proposal are discussed below. Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, 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 following areas: LDR Section 3.1.1(A) - Future Land Use Map: The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of CBD which are consistent with one another. The applicant has indicated that the Delray Detox Center will accommodate patients seeking detoxification services from addiction to substances with a length of stay that will vary depending on the patient's need. However, Non - Residential Licensed Service Providers are allowed only within the Medical Arts Overlay District. Non - Residential Licensed Service Provider uses are currently not permitted in the Central Business District. However the use was allowed in the CBD prior to February 28, 2011 and adoption of Ordinance 09 -11 which relegated these types of institutional uses to the Medical Arts District near Military Trail and Linton Boulevard. A reasonable accommodation request to allow this use was granted on August 25, 2010 prior to adoption of Ordinance 09 -11. It is noted that the reasonable accommodation request applies to Delray Inn, Inc. and is non - transferable. The related Class III site plan modification request was submitted on June 4, 2011 and is now before the Board for final action. LDR Section 3.1.1(6) - Concurrency: As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, and solid waste. LDR Section 3.1.1(C) - Consistency: Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 7 Compliance with performance standards set forth in Chapter 3 shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. Positive findings of consistency for the proposed project can be made as it relates to the objectives and policies of the adopted Comprehensive Plan. These findings are discussed below. Comprehensive Plan Policies: A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following policy and objective are noted. Future Land Use Element Objective A -9: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The subject property consists of 9- bedroom motel. The proposed development will result in the conversion of a 9- bedroom motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non- Residential Licensed Service Provider. The applicant has indicated that the proposal does not include changes in the foot print of the building. Minor architectural elevations changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the building. Also, installation of a new sloped standing seam metal roof, new windows, shutters, and French doors are proposed to emphasize a residential character and appearance on the building as required by LDR Section 4.3.3 (D)(4). Additional architectural changes are recommended for the existing storage building and are attached as a condition of approval. These minor architectural elevation changes will make the buildings blend into the neighborhood while making the proposed building harmonious with the surrounding residential uses. The proposed building will be architecturally compatible in style, building material, and color with the existing and adjacent residential and commercial uses in the area. Therefore, it can be concluded that the proposed Delray Detox Center will be architecturally harmonious to adjacent land uses and fulfills remaining land use needs. While it is noted that the use (institutional uses) and intensity have been determined to be more appropriate (i.e., complimentary) to uses in the vicinity of the newly created Medical Arts District, the use was previously allowed and considered compatible in the CBD. Therefore, positive findings can be made with regard to Future Land Use Element Objective A -1, LDR Section 3.1.1(D) - Compliance with the Land Development Regulations: As described under the Site Plan Analysis section of this report, a positive finding of compliance with the LDRs can be made when all outstanding items attached as conditions of approval are addressed. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 8 The following table identifies the zoning designations and uses that are adjacent to the subject property: With respect to the uses, compatibility is a concern. However, as the use is allowed to be established via the reasonable accommodation request, compatibility concerns should be minimized by requiring significant aesthetic improvements to the property. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the inclusion of renovated structures. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties. REVIEW,BY OTHERS Community Redevelopment Area (CRA): At its meeting of February 9, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Downtown Development Authority (DDA): At its meeting of February 13, 2011, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended denial of the site plan for the Delray Detox Center project. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Palm Trail HOA Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENtAND.CONCLUSION The proposed development will result in the conversion of a 9- bedroom transient motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. The proposal does not include changes to the foot print of the building. Internal design renovations and minor architectural elevation changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the buildings. The project also includes installation of a new sloped standing seam metal roof, new windows, shutters, and French doors to emphasize a residential character Zonin : Use: North Central Business District CBD Low rise motel built in 1951 South Central Business District (CBD) A restaurant & apartment unit built in 1950 East Multiple Family Residential (RM) A 10 -unit multiple family residential building built in 1948 West Central Business District (CBD) NE 6' Avenue r -o -w and a multiple tenant retail building built in 1958 With respect to the uses, compatibility is a concern. However, as the use is allowed to be established via the reasonable accommodation request, compatibility concerns should be minimized by requiring significant aesthetic improvements to the property. The development proposal will enhance the aesthetics of the subject property. Further, the neighborhood and the downtown as a whole will benefit by the change of look from a progressively dilapidating building and the inclusion of renovated structures. Based on the above, a finding can be made that the proposed development will be compatible and harmonious with adjacent and nearby properties. REVIEW,BY OTHERS Community Redevelopment Area (CRA): At its meeting of February 9, 2012, the Community Redevelopment Agency (CRA) reviewed the development proposal and recommended approval. Downtown Development Authority (DDA): At its meeting of February 13, 2011, the Downtown Development Authority (DDA) reviewed the development proposal and unanimously recommended denial of the site plan for the Delray Detox Center project. Courtesy Notices: Courtesy notices have been sent to the following homeowner's and /or civic associations: • Neighborhood Advisory Council • Delray Citizens' Coalition • Palm Trail HOA Letters of objection or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENtAND.CONCLUSION The proposed development will result in the conversion of a 9- bedroom transient motel to a 4,582 sq. ft. 7- bedroom, 18 -bed Non - Residential Licensed Service Provider. The proposal does not include changes to the foot print of the building. Internal design renovations and minor architectural elevation changes are noted such as: a proposed 4' high privacy wall with decorative wood fencing, wood gates, accent lighting, and an exterior fireplace along a portion of the west side of the buildings. The project also includes installation of a new sloped standing seam metal roof, new windows, shutters, and French doors to emphasize a residential character Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 9 and appearance on the buildings. While the proposed use is currently not allowed in the CBD, it was submitted prior to adoption of the ordinance that no longer allows such uses in the CBD. Given these factors, positive findings can be made with respect to Concurrency and Comprehensive Plan consistency as well as the specific findings required by LDR Section 2.4.5(G) (5), provided the conditions of approval are addressed. 'ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the Class III site plan, landscape plan, and architectural elevations for the Delray Detox Center, 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 Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(B)(14), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move denial of the Class III site plan, landscape plan, and architectural elevations for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(G)(5), 4.6.16 and 4.6.18(6)(14), and Chapter 3 of the Land Development Regulations. STAFF RECOMMENDATION' By Separate Motions: Class 111 Site Plan: Move approval of the Class III site plan for the Delray Detox Center, 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 Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That three (3) copies of the revised plans are submitted addressing all conditions of approval and technical items contained in the staff report; 2. That the 2' r -o -w dedication along the east alley shall be executed by right -of -way deed between the City of Delray Beach and the land owner, and must be recorded at the Palm Beach County Clerk's office prior to site plan certification; 3. That all parking lots and parking spaces, shall be improved with a paved surface meeting Engineering Department standards; 4. That the applicant will be responsible for the improvement of the alley along its property line; 5. All equipment along the east side of the storage building (including the facilities mounted on the building) shall be relocated. 6. The storage building shall be improved to be architecturally consistent with the balance of the site (standing seam roof, color scheme and faux windows) at a minimum. Site Plan Review and Appearance Board Staff Report: Meeting of 02/22/12 Delray Detox Center, Class III Site Plan and Landscape Page 10 Landscape Plan: Move approval of the landscape plan for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.16 of the Land Development Regulations. 1. That three (3) copies of the revised landscape plan are submitted addressing all technical items contained in the staff report; Architectural Elevations: Move approval of the architectural elevations for the Delray Detox Center, by adopting the findings of fact and law contained in the staff report, and finding that the request meets criteria set forth in Section 4.6.18(B)(14) of the Land Development Regulation subject to similar improvements being applied to the storage building located adjacent the alley. Staff Report Prepared by: Estelio Breto, Senior Planner. Attachments: Appendix "A", Site Plan; Landscape Plan and Architectural Elevations. APPENDIX` «A„ CONCURRENCY. FINDINGS Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water is available via a lateral connection to an existing 12" water main located along NE 3`d Street r -o -w. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within the east alley right -of -way. Adevate fire suppression will be provided via an existing fire hydrant located at the northeast corner of NE 6' Avenue and NE 3`d Street. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above - described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been submitted by the applicant and it indicates that the proposed conversion from motel to detox facility is estimated to result in a net decrease of -38 Average Daily Trips per day with a decrease of -4 AM peak hour trips and -2 PM peak hour trips per day. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: The existing motel use generates 10.76 tons of solid waste per year (4,582 x 4.7 = 21,535 / 2,000 = 10.76). The proposed detox facility will generate 13,51 tons of solid waste per year (4,582 x 5.9 = 27,033 / 2,000 = 13.5) which equates to a net increase of 2.75 tons of solid waste per year (13.51 - 10.76 = 2.75). The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Drainage: There are no modifications to the footprint of the building. Site improvements include additional paving of parking areas and installation of exfiltration trenches and swale areas to accommodate site drainage. Thus, there should be no impact on drainage as it relates to this level of service standard and there are no problems anticipated in complying with SFWMD requirements since the property has been in operation for more than 20 years. Schools: The project contains no residential component. Therefore, school concurrency is not applicable. "g, " ------ 1 -1 -- -------- - DELRAY INN - PATIENT FACILTY 297 N.E. 6th AVENUE Delray Beach, FL. 33444 GENERAL NOTES DRAWING INDEX PROJECT INFORMATION -ET SURV6Y PROPOSEDPROACT. S.F., I .ETC�ZIFICGONFACury OCILPA&IM WM 1-2 INMUTIONAL - OETOXIFICA11ONFACILITY PLAN F GabERNING COOE: F9C MT EOMON FFPC 2007 COITION KL M-12 M" N�A LFC FLORIDA 2007 ETAITON A� ELEVATIONS it A tOl LSC FLOAJOA 2a0l EATON AA ELEVA11 NS j�Z_ _SECTION, NOSREO ELVIA71ON LEAN ROOF HEIQW, -y- EXISTING I M& AREA: ? E)US71NO Ot CMLS1 I VEMEN71SPLAN C5.2_ PAVING0 I GE OETAIL� TYPE OF CONSTRUCTION TYPE SPRiNCLEAED . C-: �1 .. LUTION PMN-NTON PAN . SCALDING DESIGNEXX ZONING: ENCLOSED COO'CENTRkt BUSINESS OtSMCr L•1 EXIST"G COWMMN[- L4 NOYES LS' 1fnGA N LAN LOCATION MAP I L4 EIL�LEFLn&N L4 ---M- - --.- RIC71ARD JONIES -RCHIMMM L I LJE COVER u SHEET CVR SITE DATA WA MTAL.fnWm "a so.n mv%) mu--AffA UaW.Fr. I VAM FOR EVERY .M 10 Rim Mimoscow 6 IEM PAFt4M CALCUATION I SAACE;4 UWl tfg - t -PXW REWAM PARKING PROVO A[2iw icsr— Alwxm KWC-PM T0ZAL­--- :FX I PACE R0CM2- 121� RDONa- ma ;DW3. 17W ROOMY. lw.t RMN4. ira REOJfW 6' iJd WtEr" Sw c 39401 "OT svw 2C -1P W-1., 4r IZZMANFXF) LEGAL DESCRIPTION LOTS t THE CrrYOF OELMY BEACH, FLORIO& ACCORDING 70 THE FILATTHEREOF, ON FILE IN THE OFFICE OFTHERKOFTHE C IRC DIT COU TINAIM O FZ PALM BEACH COUNTY, MORMA, RECORD N PLAT BOOK 1. PAGE 3; LEW H WEST FIVE FEET (s) TNeF AnO �,T CgRTAw FARcEL oEgCr� BY WYE$ AND SOUNDS SET FORTI4 94 1�(E SPEOAL WARRANTY OEM TO T11E STATE OF LO NO �SER 19. 19M AND RECOMEO IN OFFCIAL RECORD BOOK 44 PAGE W. FUSUC PECORDs OF PAW OEACN COUNTY. FLORIDA. SUBJECT TORESERVATOKI& RESTRICTIONS AND - EASEMENTS OPRECORD. IFA,;Y CONTAINW. O Ar.'M. MORE OR '--M Bike Rack Detail N.Z. 3rd ZTFIEET ^...._..------ - - - - -- -- - - - - - - - - - - - - - - Ila A, ....... ... .5 rl•DI�iCAio 1 4 r -------------- I cri EXWNcl I UTOW BUMNG 7 ram T;rw ff5m ---- IKNX7-- Site Plan -------------- ARCNt'tE --VU IN a� WE PLAN SP-1 r_ � | � | i ! ~~ . Plan East ElvvELtion West Elevation North aad South Elevation Dumpster Details DOCTOR LL- 4�1 COURTYARD KITCHEN ROC FBES 3 *B-rq0 VV REGf MEETING Floor Plan 1 rAVI CNN Roof Plan . . ..... ........ , _N'V. r7_ ILI-J: it STORAGE '01 7.jr L­ STORAGE BUILDING Roof Plan . . ..... ........ .... .. .... . . . ..... ..... Sal -=g 2 -14 WT - -4 ------ -I-- - - - ..- - - E -20 -0 �7U4 `L -0 L Lill LO, L-FIS L26 West Elevaticni j rcl . . ...... East Elevation North Elevation .. . ... ........ . .. ...... . ........... E ELEVATION NOTES asw muir-- d- . . ......... . V z� O South Elevation 4F Courtyard South Elevation 30 4- LL, Courtyard North Elevation ELEVATION NOTES mriA„ mazes tmww---.! q— I' r71- West Elevation i Overall Section i MCMAAD JQKV 3:1 ........ .... b�D b.o b.o RA=' b,o AILCRIITM.*RE 0 0.0 �.•a, , s o bi o b.0 b.o b. P.D b.0 f b.o M f b o b. o b. ° —° b.. 0 b.o bc b.o ODD m bio b.o b. 57� L OPINION. t b.c bto b.a b. % b 0 b.o 'o . b.G bto b.o 'o. c b-0 b 0 b.o b. b.0 b 0 b.o b b .0 �j fir' k1l -o. i b 1 b.o b, b.o b. b.0 b.o b.1 b.i ba b.i b-i .0 b.o 6.2 ', o o.01 b,o b.o b.o b.o b.o b.o b.0 b.0 b.n b.o b.o b.o b.o *o.c b.o b.o b.o b.o b.o 11 b.o b.o b.o b.o b.a b.o b.o b.o b.a b.o b.o b.o b.o b.o b.o b.o b.o b.0 b.0 11.24 ].S imo PHOTO! (ETFJC i..; PLAN PH-1 .... .... . ... .... . N 7-2rd —:;TPFET ------------------------------ >/ -.7--, ----- -- -- -- -- --------- -- lu E—VC 7- .r_ .... ............ it DI ca Lu Us uj 41 vi OX Ve 0 y� � 41 M., Ji -:s.; / , ; Y aJ.w•r..vw Z. ..... . u JIM 0 i 1 ! I - -- _.�_._ I f',nm-°;• M1rw.K.. °ir.ei y,ra • .-.vn.^,':any.®e::;:kw. wn.aW ---------- ;*. c m c I& W ---- ------ c > < to IRiot* .-Whipal P'M.. el,-- pv(l —t2 *mom U *d u! c EXISTING, I IATERLAL REMOM SCHEDULE kk J OTY XEY VE3CRIPMOI. EXISTING MATERIAL RELOCATION SCHEDULE <-, c Kc QTY. DESCRIPTION IMALST65Ez0,40,E.)-3 • (PEES TOKERVIC; TP -rK;l:!UrEI •r- Pe PIP's L TOTAL NUMBER OF EXISTING •.ATEMALS TO BE RELOCATEr -9 ry SEE PLANTING PLANS FOR RELOCATION E)dOngCondilam Plan 6 I Ab— r-tound MrhonW Equic'mmnt sighi S=h,',. SO Nol ftildl I.. U*v I C'c ifly ielm And lwnsf�mr: Shob a- .lZ -;Z.14 .1 x,.11 h, �, -.-;.t.-,: - UPCild On Al PICM And St,dP Se - -:uc&V I V..k'*vyr"" !W,.I PC - ­7" ;Cwn, d. Lz,n,lsc.3De Ften rx 11 Pe, UA CL OWS ac O II O co 2 c M CD C Q6 ',' D C: C cl l6sm LL, c00 L C�N L-2 6 OfouMcoveis XERISCAPE CALCULAnONS 0 •d eVO:x v4 Tan — __ T—k ftl- Tt: 12 T- 27:7 R, 51o'. 6` rt cn Ices Zx to Q ca cc LLJ z V 0 z C) C C06 < CL ::5 0 () 0 L r 92 .c ol ' . ........... L-3 1 7 R, 51o'. 6` rt cn Ices Zx to Q ca cc LLJ z V 0 z C) C C06 < CL ::5 0 () 0 L r 92 .c ol ' . ........... L-3 N.E� 'r•1 STREET ---- ------------------------------- co ----------------- w 5c 22 c L INC I" t" "L,- co CL. It BLOC A,, 03 -laT - I g, = ca . ...... . ........ LU Till - . ...... . ..... ... 0 U- u tL' co 113 G—1 < -- - --------------- CL a *d Lj u WATH 0 C L CC, ` " 1.2 9— ^IAFIIC Cl-A•1. C' +: n•.L U.'s L-4 Ir;iga6w.s Plans ar_SdQr+3 BY .-L-E-3rd STREET - - - - - - - - - - - - - - - - --- -- - - - - - LU I m .02 --------------- EEEI . . ..... .... cla 11 II LU to 2 ":;wU. M-A:XMt ri RY j a: LL ri J-- or co LJ CL16 A' ------------ 0 :P%c L-------- ------- OL ­0 LO eon- L C, ic'j e w", r, Ekjbaft, Plan L-5 R44u em xauw.nv.eaNer.WT]w.arw:a1a Cu eryran 4,P nuns er C.) C) cc CL V4 W .1, > LU < z gn c M C116 L: 0 < 0) Inky CL o D,m*d u -6 4) C OIL r, L-6 6 i;c BEaL'fSY/�v( •T' - . , ._ ••N% =._' �.':."�� Y��. �.11i� / w:\- _ ]Ir, _mil.... kF• : .. qry, _ I�z .. �. �. F 1Na w.A t wAStk -R - - I N.E. 3rd STki Er *x.F. _ —_ 'M [•,]T!✓. l0. tM.) FaSfNC �H'raxx W1 i Stn" 'r- �_ f .< - z --•uax cwt _ _ -- r ..+urx .v t a°lic°s.�;e'o..° R= 15.00' I J �,.T - _ _ _ M• - J =90 52 OS' ,_. 1 I 1 ] •u:'Im 2 Ps�o a�e..0 -• PI, rt:iu s.rl x.' �190'ObS 0" x i .79' . t NAM Eu0 I �, � � !• jj uas ]ao .•., v, i S Ci+ aq a i I +�rw -4xw " .,,t' I. FF EL = 14.80 E'+nc.cY i. •:e! If 1 I w-' Ln �� sw Y Atli i� F f ( t T .,oaF*� I iN `Ilre'rt. a. i Its u 11, zl 1 i co-, & I MT BUILDING . BDILDI CI}+ 1 w 6' 1 BOOR, BUILDNG �a SUED I z `� I o-- 'rimer —� •. 4 t 5T'X7Y ! td i x F(rI ya { LOCATION MAP N.T.S. 0 LEGr %D: n4wo.n ..c � ttciw ocpmEP 1 � ul c.•s xruE v.a a�rcw rr nor ra.� Fmn„ ne.'.aoa 'r_ti_., sawxr P.v�c (f +P]vslo cars a.rw ,:a.E w'.w- "+_van PoLK:u.t4:E -C 4vaxs Ir P—cl .F•F IAPx::•I EL• S } +• :w�,t,°E r4alaL. a.,car nFV•>ICw O E":n,. u—i. 1 Sw:T. ; -,IF Q(. MT I —4 vwr— S°.mu•E wm CLI—T U Cs. z O mx w a. wa O.: I L) z zc n O NOTE: ALL WATER METER 7�t W pde S90'00'00 "W 130.00' �— (o. .v u.) WT ]] y�,.°,.'• —�- :: `al I BY CITY OF DELRAYMHEACH •• D17LITY DEPAP.TMENT ae.R 4• •F' MAV.4t utErw•inr6i �ufdcx 4aF Z .icl a r:ozz E: CONTRACTOR TO FIELD NOT VERIFY EXACT' LOCATION. SIZE. AND I I # DEPTH OF ALL EXISTING urax TES z 8 °" 711 ,� TmC•L ON -91E P.]!NC SFiTe9N • r•.'n' -.w a a ,i m aPn: w ° C' O _TYPICAL aa.r- cP -w•x PALM s Yp, �•,:K :.. ®ra : �».0 i r.°a o:. KiP:°" . ,,. Q,r c w,p„:�wr�, w.,,,,1 F' ro°mmww0O7`r'<¢r n]m]cOm. r,s u IX f.+a,. W0 wPPK MR IWfu.ny] +aFw - 9,SM,i (Y as) PFPVn.s acF+ an>]n (]s.x; e[4a. «ctW a: ax' owr lencwx :r. ataA.ws .au -°i"¢+' aRxncos ,te. - ss•] -sIa tr:r - ]z :�: • w: - xIZ<+ I •.•aawF .+o ao 13014 • 'zr"r • a » . s' aF= sraus • )� sn: • nao - ..xr Fsu°u aF 3 ) ,•iw 9uMiw: I 4cual�an.) !( I I I - „, ( ! 1 g I iC AT TIME 6F CONSTROC71 N AND REPORT ANY DTSCReFATES, INC. SNVRtODESIGN ASSOCIATES, . NOTE: ANY TREES OR SHRUBS PLACED WITHIN WATER, SEWER OR DRAINAGE EASEME \TS, THEY SHAH, CONFORM TO THE CITY OF DELRAY BEACH STANDARD DETAILS: L1) 1 -1 & LD 1.2 IT'S THE TAW 1- 800 - 432 -4770 amswE sr.TF naE eoa OE ILdlp., sn �� BCALE. l' = r0' 9 dw,w'I Mnw wxaa urs - DRAM a.t.9. FOIECKkb' A.P. - oaTR tx/a /Lz zos No. zlord -Ne : SEt.Li N0. 1 OF 4 = 71 PA WENT SpEcwiCn`IC`s K AtNI; -T� TAEiF OF TYP`.CAL 50' R/W W1 PARALLEL PPRKING 5FC10' 111'I= S'ACESa DIT11L R7 1.3 (1 OF 37 �'Ii0EWALK CONIYRUCnON AT 5 1 DETAIL AT 4.20 tali, r9� ------------ CURB AAD GUTTER SECTIONS AT fi.! PAVVIENTJONT CIETAIL RT 7.1 PAVEMENT MAA.,.iNo SpEC14lCArCK3 AT &I. rA—ZNt MARrG SPEc,,-?cAnoK-s AT ...1, (SFeet 1 of 2) A 2 Of 2) M-runniz-all IYK— -c- T,W- C e. E INLET CR. Tt DETAIL D 6.1 PLAN sccnw ND E9: vv I rill .71 1 E C 8 E INLET DETAIL D 7.1 STAMID,11.11 REDDINZ; 0 3.1 PERFORATED PIPE TR-NCH tai mn PERFORATED PIPE TRENCH .T. STABIOZED C01•STRUCTION ENTRANCE DETAIL 09.1 T N.E. 3r0 STREET — - — - — - TEMPORARY SILT i FENCING (TYPICAL) E=3. "' IL :24 1 slar. ces APT. BOLDING SHED TEMPORARY S FENCING (TYP A- iF -c 7, ram rei, M .imp UN iim� u 23-.. -11ft ti EROSION CONTROL NOTES DETAIL 0"•.1 NLET FILTER UCTA'L 0 al _3 z P. Z Z. 0 E- z .4 9 -< ET. z I,— > V I �c no Z Z z SILT FT.NCE :147TALLA11014 DETAIL 0 9.'o SILT FENCE: INSTAUATION DETAIL 0 ;.Ib Sheet 1 of 2 sh..t 2 or 2 19 a- 7 z DIMICK: s"IlL CUCKED: SCALE: 1* = 10' BAT& WS Il- joll No. Ilm -Mc .... ...... . smm No. 4cr4 Boundary & Topographic Survey for RemIand Commercial a 6 _ f—NOR i lot z 41 v aao®mR _ p i qua[ ..,,..._�......a� ®« O®4® 10 • ..wus �...sc.a PROM! ACCOY. SO ......m Park of Commerce Associates v. City of Delray Beach, 606 So.2d 633 (1992) 17 Fla. L. Weekly D2047 KeyCite Yellow Flag - Negative Treatment Decision Clarified on Denial of Rehearing November 18, 1992 I'a 606 So.2d 633 District Court of Appeal of Florida, Fourth District. PARK OF COMMERCE ASSOCIATES, and Land Resources Investment Co., Appellants /Cross Appellees, V. CITY OF DELRAY BEACH, a Florida municipal corporation, Doak S. Campbell, III, Mayor, James Weatherspoon, Richard Dougherty, Malcolm Bird, and Marie Horenburger, City Council Members, Appellees /Cross Appellants. 3 Nos. 88 -3192, 88 -3193, 89-1387 and 89-2654.1 Sept. 2, 1992. 1 On Motion for Rehearing and Clarification Nov. 18,1992• Appeal was taken from order of the Circuit Court, Palm Beach County, Mary E. Lupo, J., which upheld denial of site plan. The District Court of Appeal affirmed. On petition for rehearing en Banc, the District Court of Appeal, Anstead, J., held that function of city commission in reviewing property owner's proposed site plan for development of owner's property in accordance with city's zoning laws is not legislative in nature but, rather, administrative. Reversed and remanded. Farmer, J., filed a specially concurring opinion. West Headnotes (4) Zoning and Planning w Nature of power 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 4141347 Power to Grant 414k 1349 Nature of power (Formerly 414374) Function of city commission in reviewing property owner's proposed site plan for development of owner's property in accord with the city zoning laws is not legislative in nature but, rather, administrative. Zoning and Planning — - Nature of power 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 414k1347 Power to Grant 414k1349 Nature of power (Formerly 414k374) Site plan review could not be legislative in nature because city could not unreasonably withhold approval once legislatively adopted legal requirements have been met. Zoning and Planning Nature of power 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 4141347 Power to Grant 414k1349 Nature of power (Formerly 414k374) Administrative procedure for site plan approval is quasi-judicial in nature and conducted to factually determine if proposed site plan submitted by property owner conforms to specific requirements set out in the administrative regulations governing the erection of improvements on the property. 4 Zoning and Planning �-� As condition to grant of building permit 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 4141379 Maps, Plats, and Plans; Subdivisions 4141381 Filing or Approval Requirement 414kl381(3) As condition to grant of building permit (Formerly 414372.3) Property owners are entitled to notice of conditions they must meet in order to improve their property in accord with existing zoning and other development regulations of the government, and those conditions should be set out in __..._. ..._ ........ .......... .............. ...... _ _........__._..._... - -- Next 12 1 i': {7ry;so "1 R.eu un N :.1.,11"11 tf:3 t::i'i(jiil } l.. ?.r7, .f.1i'E?i llYii fi€ tt `.)rk: . Park of Commerce Associates v. City of Delray Beach, 606 So.2d 633 (1992) 17 Fla. L. Weekly D2047 clearly stated regulations and compliance should be capable of objective determination in an administrative proceeding. Attorneys and Law Firms *633 John Beranek of Aurell, Radey, Hinkle & Thomas, Tallahassee, and Boose, Casey, Ciklin, Lubitz, Martens, McBane & O'Connell, West Palm Beach, for appellant, cross appellee Park of Commerce Associates. L. Martin Reeder, Jr., Steel, Hector, Davis, Burns & Middleton, West Palm Beach, for appellant, cross appellee Land Resources Inv. Co. Susan A. Ruby, Asst. City Atty., Delray Beach, for appellees, cross appellants. Opinion EN BANC OPINION ON REHEARING ANSTEAD, Judge. We grant the motion for rehearing en Banc and now reverse and remand. We *634 treat this matter en Banc in order to resolve the conflict between this court's holdings in City of Boynton Beach v. V.S.H. Realty, Inc., 443 So.2d 452 (Fla. 4th DCA 1984), and City of Lauderdale Lakes v. Corn, 427 So.2d 239 (Fla. 4th DCA 1983). 1 While it may be possible to reconcile the results reached in those two cases, it is apparent that the language used in the opinions is in conflict and requires resolution. In Corn, we stated that the function of a city commission in reviewing a property owner's proposed site plan for development of the owner's property in accord with the city's zoning laws was not legislative in nature, but rather administrative. Subsequently, in Boynton Beach, we stated that the site plan review function involved an exercise of "informed legislative discretion." We now resolve that conflict by adhering en bane to the views expressed in Corn and receding from any contrary expressions set out in Boynton Beach. Florida Power and Light (FPL), an electric utility company, bought a parcel of land in the City of Delray Beach from Park of Commerce Associates, for the purpose of building a customer service center, a use compatible with the existing zoning classification. The purchase was conditioned upon city approval of the service center. FPL submitted a site plan to the Planning and Zoning Board. The Board rejected it, provisionally, subject to FPL's making a number of technical changes. FPL made all the requested changes and submitted the plan to the city council. The council denied the plan for no apparent reason other than neighborhood opposition. Upon review in the circuit court, a de novo trial was conducted. The court concluded that the council had denied the plan solely on the basis of unacceptable access from a particular road. However, the court ruled that this reason for denial was erroneous as a matter of law because there was a legal right of access from that road. Notwithstanding, the court upheld the council's decision on other grounds raised by the city for the first time at the de novo trial. 2 On appeal to this court it was contended that the trial court should have conducted certiorari review limited to the matters presented during the administrative proceedings, rather than de novo review. This court affirmed the trial court's decision, relying on Boynton Beach. By affirming on the authority of Boynton Beach, this court implicitly found that the site plan approval process was legislative. On rehearing, it is contended that site plan review cannot be legislative in nature because a city cannot unreasonably withhold approval once the legislatively adopted legal requirements have been met. We agree. t This court took the same position with respect to plat review in City Nat'l Bank of Miami v. City of Coral Springs, 475 So.2d 984 (Fla. 4th DCA 1985). In so doing we quoted with approval from Broward County v. Marco Realty, Inc., 359 So.2d 509, 510 (Fla. 4th DCA 1978), and held: "All persons similarly situated should be able to obtain plat approval upon meeting uniform standards. Otherwise, the official approval of a plat application would depend upon the whim or caprice of the public body involved." 475 So.2d at 985. Subsequently, in Corn, this court expressly recognized that the same reasoning applied to site plan proceedings: We specifically held in Marco Realty, Inc. that where all of the legal requirements for platting land have been met there is no residual discretion to refuse *635 plat approval and mandamus will lie. The same s�xf 2 012 T I i :3Sa I. eu e s, !Nn f 3ti. i'l ti 0,rIC,if1 £::; 1.1.L3- ::J !'ri - -r "t 1 /41 } �: Park of Commerce Associates v. City of Delray Beach, 606 So.2d 633 (1992) 17 Fla. L. Weekly D2047 reasoning applies to approval of site plans .... No element of discretion remains once the legal requirements have been met. 427 So.2d at 242 (emphasis added). 3 4 The administrative procedure for site plan approval is quasi-judicial in nature, and conducted to factually determine if a proposed site plan submitted by the property owner conforms to the specific requirements set out in the administrative regulations governing the erection of improvements on the property. Property owners are entitled to notice of the conditions they must meet in order to improve their property in accord with the existing zoning and other development regulations of the government. Those conditions should be set out in clearly stated regulations. Compliance with those regulations should be capable of objective determination in an administrative proceeding. While the burden may be on the property owner to demonstrate compliance, no legislative discretion is involved in resolving the issue of compliance. The standard of review in the trial court depends directly on the nature of the proceeding before the city council, and whether it is quasi- legislative or quasi-judicial. Under the case law, a de novo review is proper for the former, while certiorari review is proper for the latter. Based on the analysis set out above, it was error for the trial court to conduct a de novo review. Accordingly, we grant rehearing and now reverse the decision of the trial court and remand for further proceedings consistent herewith. DOWNEY, LETTS, HERSEY, GUNTHER, STONE, WARNER and POLEN, JJ., concur. FARMER, J., concurs specially with opinion. GLICKSTEIN, C.J., DELL and GARRETT, JJ., recused. FARMER, Judge, specially concurring. As I was the lawyer for the plaintiff and appellee in City of Lauderdale Lakes v. Corn, 427 So.2d 239 (Fla. 4th DCA 1983), one might infer that the zeal of the advocate has shaped the attitude of the judge. I do not think so, however. I strongly believe that the power of the government to regulate land use within its borders is among the very reasons for the existence of local government in the first place. But I also believe that land ownership is at the core of our constitutional freedoms and thus the power of government must be exercised with a healthy regard for that right. I agree with Judge Anstead's opinion for the court. I write only to add another thought to his rationale. In my opinion, the kind of consideration given by a trial court and then by us in one of these cases is primarily infected by a functional analysis of what the local government did, as well as what it said. That is to say that the circuit court's mode of consideration should not depend on mere labels used by the parties but instead by an analysis of what they did. For example, in Corn the landowner sought site plan approval from the city, but what he got was legislative action to avoid giving him the approval that the city's own laws required. Hence, his action against the city might have sounded in certiorari to review the city's administrative action in considering site plan approval; actually it asked for relief by mandamus but also sought a judicial declaration that the city's attempted legislative avoidance of administrative action was unconstitutional, or otherwise invalid, and an injunction against its enforcement. It would be unrealistic to say that Corn should have been limited to certiorari review in the circuit court, when the only way to challenge the legislative enactments was by ordinary, original proceedings. And on appeal of the circuit court decision, it would have been unfair to the city to limit review of that decision in this court to the kind of review we give to orders of the circuit court sitting in its appellate capacity to review local governmental decisions. See e.g., Education Development Center v. Zoning Board, 541 So.2d 106 (F1a.1989). A functional analysis requires rather that *636 we engage in something of both kinds of review in these circumstances, only one in others. In the case of a zoning variance, the local government conducts a kind of hearing that includes fact finding, from which it makes a decision applying already established legal principles. When the public entity zones property it combines the application of established legal principles with legislative action. When it conducts site plan or plat review, it merely applies established rules of law to existing and uncontested facts. Each of these governmental functions is different. Each carries its own principles affecting judicial approval or disapproval. When the circuit court considers the parties positions and, later, this court reviews what that court has done, we cannot achieve justice by merely applying a label and then mashing a judicial lever. We must study what the parties were asked or iv xt 2 012 Thor )son Rr.,,,i tens, 14c i ain -i ff, orI;'"fi: l lJ . is "1"'='ent '%Vorl<S- Park of Commerce Associates v. City of Delray Beach, 606 So.2d 633 (1992) 17 Fla. L. Weekly D2047 set out to do, what they actually did, and how they went about of the trial court in all four appeals: Case Nos. 88 -3192, doing it. That is what Judge Anstead has done in his cogent 88-3193, 89 -1387, and 89 -2654. The panel opinion has been analysis. I therefore thoroughly agree with his conclusions. overruled by the en Banc opinion only in Case No. 88 -3192. No further motions for rehearing will be considered. OPINION ON MOTION FOR REHEARING AND CLARIFICATION PER CURIAM. The motion for rehearing is denied. The motion for clarification is granted to the limited extent of acknowledging that this court's original panel opinion affirmed the decisions DOWNEY, ANSTEAD, LETTS, HERSEY, GUNTHER, STONE, WARNER, POLEN and FARMER, JJ., concur. GLICKSTEIN, C.J., DELL and GARRETT, JJ., recused. Parallel Citations 17 Fla. L. Weekly D2047 Footnotes 1 Appellants cite a recent fifth district decision, Colonial Apartments, L.P. v. City of DeLand, 577 So.2d 593 (Fla. 5th DCA), rev. denied, 584 So.2d 997 (F1a.1991). In that case, the city had approved a site plan conditioned upon compliance with a density different from that provided in the ordinance. In creating the condition, the city had reasoned that the lower density was needed to satisfy the "aesthetic compatibility" purpose stated in the ordinance. The fifth district disagreed and quashed the density condition on the basis that the city could not arbitrarily impose a condition different than that contained in the ordinance. The court further stated: "[T]he opinions of neighbors by themselves are insufficient to support a denial of a proposed development." Id. at 596. "Owners are entitled to fair play; the lands which may represent their life fortunes should not be subjected to ad hoc legislation." Id. at 598. End of Document (o 2012 Thomson Reuters. No claim to original U.S. Government Works. _...._ ....... ............. ^..._._..._..._.7� .___..._............._...,..._......... ....... _._.................__._........_._._......_._.._.......... _...___...___.._...__._..,.___..___.__.._._._._._.__.___..._..____...__. ___.........._._............... i2 I lfii Y:`:f;- tE:;;i:`i:.i. 1i; i lr.'i.;'1'I I£7.'.3�Cj'1 c2l.su, tis {yb'£'r7i;Y3£?t';l4Ci#s:;;. 4 Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (1994) 19 Fla. L. Weekly S148 John J. Copelan, Jr., President, FL Ass'n of County Attys., 6 So.2d 12 Inc., Fort Lauderdale, and Herbert W.A. Thiele, Director, FL Supreme e Court of Florida. Ass'n of County Attys., Inc., Tallahassee, amicus curiae, for PARK OF COMMERCE FL Ass'n of County Attys., Inc. ASSOCIATES, etc., Petitioner, Opinion V. CITY OF DELRAY BEACH, et al., Respondents. No. 80973. 1 March 31, 1994. 1 Rehearing Denied May 20, 1994• Appeal was taken from order of the Circuit Court, Palm Beach County, Mary E. Lupo, J., which upheld denial of site plan. The District Court of Appeal affirmed. On petition for rehearing en banc, the District Court of Appeal, 606 So.2d 633, reversed and remanded. Review was granted. The Supreme Court, Harding, J., held that denial of site plan was quasi-judicial action to be reviewed by petition for certiorari. Approved. West Headnotes (1) Zoning and Planning 5 - Certiorari 414 Zoning and Planning 414X Judicial Review or Relief 414X(A) In General 4141572 Nature and Form of Remedy 414k1575 Certiorari (Formerly 414k565) Decisions of local governments on building permits, site plans, and other development orders are quasi-judicial, rather than legislative, and, therefore, are subject to certiorari review by the courts. 15 Cases that cite this headnote Attorneys and Law Firms *13 John Beranek, Aurell, Radey, Hinkle, Thomas & Beranek, Tallahassee, for petitioner. Susan A. Ruby, City Atty., Delray Beach, for respondents. HARDING, Justice. We have for review Park of Commerce v. City of Delray Beach, 606 So.2d 633 (Fla. 4th DCA 1992), in which the district court, in a separate order, certified two questions of great public importance: I. WHETHER CITY OF BOYNTON BEACH V. Y.S.H. REALTY, INC., 443 So.2d 452 (Fla. 4th DCA 1984) AS RELIED UPON IN THIS COURT'S NOVEMBER 18, 1992, EN BANC OPINION, ACCURATELY STATES THE LAW CONCERNING APPELLATE REVIEW OF DECISIONS OF LOCAL GOVERNMENTS ON BUILDING PERMITS, SITE PLANS AND OTHER DEVELOPMENT ORDERS. II. WHETHER THIS COURT'S AFFIRMANCE OF THREE CASES BASED ON CITY OF BOYNTON BEACH V. V.S.H. REALTY, INC., AND THE SIMULTANEOUS REVERSAL OF ONE CASE BASED ON AN OVERRULING OF CITY OF BOYNTON BEACH V. V.S.H. REALTY, INC. CONSTITUTES A CORRECT APPLICATION OF THE EN BANC REVIEW PROCESS. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. We answer the first question in the negative and decline to answer the second question for the reasons set forth below. Land Resources Investment Company (Land Resources) entered into a contract to purchase a three -acre parcel of land in the City of Delray Beach from Park of Commerce Associates (Park of Commerce). Paragraph 13 of the second addendum to the contract provided in part: That if Buyer closes this transaction and is subsequently (within 180 days of closing) refused a City of Delray Beach building permit or site plan approval because the City or some other government agency having jurisdiction declares or decrees that access from some other public street (other than S.W. 22nd Avenue /S.W. 29th Street) is a condition precedent to any building �:= i2,01i112 Tli!.iriison R- eute;':.i, No to original 1_ G­>ay yie. }W Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (1994) 19 Fla. L. Weekly 5148 permits issuance, the Buyer may elect to resell the property to the Seller, and Seller agrees that it shall repurchase the same at the same gross purchase price as this transaction.... Such repurchase shall be concluded within thirty (30) days from and after Buyer's election to resell property to Seller. The three -acre tract was part of a twenty-five -acre tract that previously had been approved for unified development upon assurances by Park of Commerce that there would be no access from the tract onto S.W. 22nd Avenue /S.W. 29th Street. Land Resources planned to build a Florida Power & Light customer service center on the site, which was a use consistent with the comprehensive plan and with the zoning classification of "planned office center." In addition, the three -acre parcel was platted specifically for the construction of the customer service center with access onto S.W. 22nd Avenue /S.W. 29th Street. The Delray Beach City Council rejected Land Resources' site plan because of neighborhood opposition to commercial traffic on a street that abutted the parcel. Land Resources and Park of Commerce, asserting that the City Council's decision was quasi-judicial in nature, sought certiorari appellate review in circuit court. The city opposed the limited certiorari review, arguing that the Council's action was legislative in nature and required de novo review. In addition to seeking review in the circuit court, Land Resources brought an action against Park of *14 Commerce for declaratory relief and specific performance of the contract. The trial court determined that the City Council's decision rejecting the site plan was quasi- legislative and granted de novo review. During the de novo review, the court considered evidence that had not been presented to the City Council. The trial court concluded that the City Council denied the site plan solely because of unacceptable access from a nearby road. The court found this reason for denial erroneous as a matter of law. The court found that although the twenty-five -acre tract was intended to be developed as a unified whole, the city, by platting the three -acre parcel, waived and was estopped from imposing the nonaccess requirement of the unified plan for development of the twenty-five acres as a condition of the three -acre site plan approval. Nonetheless, the court upheld the City Council's denial on other grounds that the city raised for the first time at the de novo trial.1 Land Resources' action for declaratory judgment and specific performance against Park of Commerce was consolidated with the review of the site plan. The trial court found that the terms of the contract between the parties required Park of Commerce to repurchase the three -acre parcel. (The city was not a party to the contract dispute.) Land Resources later brought an action against Park of Commerce for failure to repurchase the land according to the judgment granting specific performance and declaratory relief. The trial court awarded Land Resources $740,655.52, which was the original purchase price (including prejudgment interest), plus twelve percent annual interest. Land Resources also brought a separate action against Park of Commerce for attorney's fees. The trial court awarded attorney's fees to Land Resources. Park of Commerce and Land Resources appealed the trial court judgment upholding the city's denial of the site plan application to the Fourth District Court of Appeal. They argued that the circuit court should have conducted certiorari review limited to matters presented during the administrative proceedings. In addition, Park of Commerce appealed the three judgments relating to the buyback. The district court consolidated the appeals. A district court panel rendered a per curiam (PCA) opinion affirming the four trial court judgments. The opinion cited City of Boynton Beach v. V.S.H. Realty, Inc., 443 So.2d 452 (Fla. 4th DCA 1984), as authority for its decision. In Boynton Beach the Fourth District Court held that a city council's decision about a site plan is a legislative activity that is properly reviewed in a de novo proceeding in circuit court.2 In the case under review, Judge Anstead dissented from the PCA opinion because he found that under City of Lauderdale Lakes v. Corn, 427 So.2d 239 (Fla. 4th DCA 1983), certiorari is the correct standard of review for a site plan decision because such a decision is quasi-judicial. In a specially concurring opinion, Judge Stone wrote that he would agree with the dissenting opinion, but felt bound by Boynton Beach. The Fourth District Court subsequently granted an en banc rehearing and resolved the conflict between Boynton Beach and Corn. The court adopted the Corn position that a city council acts in a quasi-judicial manner when it reviews a proposed site plan that is in accord with the city's zoning laws. It found that the Delray Beach City Council's decision was quasi-judicial, so it required certiorari review limited to the ><- ,-,Mext (, 2012 Thorr;son Reuters,, No C.;lx in{ tr.) origin ail U.S. Goverriffient'y orK' 5. 2 Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (1994) 19 Fla. L. Weekly S148 matters presented during the administrative proceedings. The court reversed the circuit court and remanded the case for further proceedings. The en bane opinion did not refer to the buyback judgments. Land Resources moved for clarification and rehearing, arguing that the en bane decision about site plan review did not affect the independent buyback judgments in favor of Land Resources. The Fourth District Court later issued a clarification holding that the en bane opinion overruled *15 the panel decision only on the site plan issue. Park of Commerce, 606 So.2d at 636. The Fourth District Court did not allow further rehearing, but, subsequently, on Park of Commerce's motion, certified two questions to this Court. CERTIFIED QUESTION I. Both parties acknowledge that the issue raised in the first certified question has been resolved by this Court's decision in Board of County Commissioners v. Snyder, 627 So.2d 469 (Fla, 1993). In Snyder the Court was confronted with whether a county commission's decision that denied a rezoning application was quasi-judicial or quasi- legislative in nature. In resolving the issue, we approved the language of the district court when it said: [R]ezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of... quasi - judicial action.... Snyder, 627 So.2d at 474 (quoting Snyder v. Board of County Comm'rs, 595 So.2d 65, 78 (Fla. 5th DCA 1991)). Under that language, a city council's denial of a site plan was quasi - judicial action that was properly reviewed by petition for certiorari. The City of Delray Beach urges this Court to recede from its ruling in Snyder. We decline to do so. Because the site review plan that the Delray Beach City Council denied meets the characteristics set out in Snyder, the plan was properly reviewed by certiorari. No legislative discretion was involved in determining whether the property owner complied with regulations set out in a local ordinance. See Park of Commerce, 606 So.2d at 635. Therefore, we answer the first certified question in the negative. Corn, not Boynton Beach, accurately states the law concerning appellate review of decisions of local governments on building permits, site plans, and other development orders. These local government decisions are quasi-judicial in nature and thus subject to certiorari review by the courts. 3 CERTIFIED QUESTION II. We decline to answer the second certified question and approve the district court's opinion on motion for rehearing and clarification. The district court's panel decision was a PCA opinion affirming all four trial court judgments on authority of Boynton Beach, which held that the site plan approval process was legislative in nature. The district court's en bane opinion receded from Boynton Beach and held that the site plan approval process is judicial in nature. Park of Commerce, 606 So.2d at 634. On clarification, the district court limited the holding of the en bane opinion to the site review issue and left standing the PCA opinion that affirmed the buyback judgments. Id. at 636. This created confusion because the PCA panel opinion cited Boynton Beach as authority for affirming all four trial court judgments, but the en bane opinion receded from Boynton Beach. We also find the second certified question confusing. While the district court's language has created uncertainty about why the court reached its result - particularly on the buyback issues -we nonetheless approve the district court's opinion affirming the judgments relating to the repurchase provisions of the contract. The final judgment requiring Park of Commerce to repurchase the land, which is the judgment upon which the subsequent judgments for money damages and attorney's fees were based, clearly rules on any issue for which we would remand. The trial court specifically found the conditions precedent had been met for the repurchase provisions of the contract to become effective. In addition, the trial court found that because Land Resources had joined in the case against the city seeking review of the City Council's action, it was not estopped from asserting its right to compel the repurchase *16 provision of the contract. These findings were made independently of the form of review the trial court used. Thus, we decline to answer the second certified question, but we approve the district court's en bane decision and its decision on motion for rehearing and clarification. Next -i 2012 Thor YiSfi:.'} "eut� -s, No " t it' . Er; t3Yi {`y{r;:.ii I_).:9, Lvf.iL=EY7irne I �t�i }rk ;. i Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (1994) 19 Fla. L. Weekly S148 It is so ordered. Parallel Citations BARKETT, C.J., and OVERTON, McDONALD, SHAW, 19 Fla. L. Weekly S 148 GRIMES and KOGAN, JJ., concur. Footnotes j The trial court ruled that the city's rejection of the three -acre site plan was fairly debatable because of adverse traffic impact and an inadequate drainage plan. 2 Boynton Beach does not address the buyback issues in the consolidated case, but it is the only case the Fourth District Court of Appeal cited in affirming the circuit court decisions. 3 Provided the development orders fall within the description contained in Snyder. See 627 So.2d at 474. End of Document �7 2012 Thomson Reuters, No claim to original U.S. Government Works. 2012 h %rf �sr.)r Pe 1p . . r4a daiiii to or :n:nzl 'i S-), 1; ovem -i ient 4- 'ork-s, 4 G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23 Fla. L. Weekly D806 Decision Approved in Part, Quashed In Part by Broward Cou ty v. G. B. V.1 ter .,Ltd., Fla., )u c 7, 2001 709 So.2d 155 District Court of Appeal of Florida, Fourth District. G.B.V. INTERNATIONAL, LTD., a Florida limited partnership; and Ashok Patel, General Partner, Petitioners, V. BROWARD COUNTY, Respondent. No. 97 -2448. 1 March 25, 1998• Rehearing, Rehearing En Banc and Certification of Conflict Denied May 13, 1998• After county commission denied developer's application for plat approval, developer filed petition for certiorari. The Seventeenth Judicial Circuit Court, Broward County, Miette K. Burnstein, J., denied review. Developer sought review by common -law certiorari. The District Court of Appeal held that county commission was required to approve application. Petition granted; order quashed. West Headnotes (3) 1 2 Certiorari Grounds in general 73 Certiorari 731 Nature and Grounds 73k27 Grounds in general Certiorari correction of circuit court's appellate decision should be made only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice. Certiorari correction was warranted to correct trial court's action of affirming denial of application for plat approval, where trial court reached beyond county commission's stated reasons and decided application on basis not raised before commission. 3 Zoning and Planning :z Other particular considerations 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 4141379 Maps, Plats, and Plans; Subdivisions 4141383 Grounds for Grantor Denial; Conformity to Regulations 414kl383(5) Other particular considerations (Formerly 414k381.5) County commission was required to approve application for plat approval, despite commission's disapproval of city's decision to approve proposed development, where record before commission established that developer had complied with county's land development regulations. 1 Cases that cite this headnote Attorneys and Law Firms *155 James C. Brady of Brady & Coker, Fort Lauderdale, for petitioners. John J. Copelan, Jr., County Attorney, and Anthony C. Musto, Chief Appellate Counsel, Fort Lauderdale, for respondent. Opinion PER CURIAM. A developer seeks timely review by common law certiorari of an order from the circuit court denying initial certiorari review Zoning and Planning of a denial of an application for plat approval. We grant the �-. Further Review petition and quash the order of the circuit court. 414 Zoning and Planning 1 Under Haines City Community Development v. Heggs, 414X Judicial Review or Relief 658 So.2d 523, 528 (F1a.1995), certiorari correction of a 414X(E) Further Review circuit court's appellate decision should be made "only when 4141735 In general eneral there has been a violation of [a] clearly established principle (Formerly 1) G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23 Fla. L. Weekly D806 of law resulting in a miscarriage of justice." We find that kind the authority to do so -even under the County land use plan. It of rare occasion in this case in which we should use our review was the denial of this site plan approval that the circuit court function to correct a miscarriage of justice. reviewed by petition for certiorari. 2 The Commission did not base its denial of the plat as submitted on estoppel but on incompatibility. Yet the circuit court reached beyond the Commission's stated reasons and decided the application on a basis not raised before the County Commissioners. In order to do so, the circuit court relied on evidence not presented to the Commissioners and thus not considered by them in denying approval. In effect the circuit court decided an issue that was neither presented to nor decided by the Commission. We regard the circuit court's decision in this regard as a departure from the essential requirements of law while sitting in certiorari review of local government action and a denial of procedural due process. 3 Turning to the merits, we take note of the following circumstances from the record. The developer sought to develop land within the City of Coconut Creek into a mix of single and multiple family residences, and commercial use. The comprehensive land use plans of both the County and the City did not allow for as many residential units on this location as the developer proposed. Initially *156 the developer sought an amendment to the County land use plan to permit 10 units an acre. Although the staff approved the amendment, the County Commissioners balked at the higher number and would approve an amendment to the County land use plan for only 6 units per acre. The comprehensive land use plans of both the County and City have a feature called "flex units." I After the County Commissioners had denied the requested amendment to the land use plan, the developer went to the City and requested flex units that would allow for the number of units proposed. The City agreed with the flex unit request and thereby allowed the developer to use additional units from other areas within the City's borders; with the allowance the City was still within its comprehensive plan in terms of the total number of units to be developed within the City. Accordingly the City approved the proposed development. The developer then sought site plan approval by the County in accord with the County's legal requirements. The County staff recommended approval of the plat, finding compliance with all County regulations for plat approval. The County Commissioners were therefore being asked to review the plat for compliance with the County's own regulations. In fact the Commissioners expressed disapproval of the City's decision to allow the flex units, in spite of the fact that the City had In Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993), the court described review of certain local government land use decisions as follows: "rezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of... quasi-judicial action...." (emphasis supplied.] 627 So.2d at 474. In Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (F1a.1994), the court followed Snyder and held that site plan approval was a quasi-judicial function, for which the proper form of judicial review was by certiorari. In the course of approving our en Banc decision in Park of Commerce, the court also said that our previous decision in City of Lauderdale Lakes v. Corn, 427 So.2d 239 (Fla. 4th DCA 1983), "accurately states the law concerning appellate review of decisions of local governments on building permits, site plans, and other development orders." 636 So.2d at 15. Corn, in turn, followed Broward County v. Narco Realty, Inc., 359 So.2d 509 (Fla. 4th DCA 1978), where we said: "All persons similarly situated should be able to obtain plat approval upon meeting uniform standards. Otherwise, the official approval of a plat application would depend upon the whim or caprice of the public body involved." 359 So.2d at 510. Broward County's land development regulations contain specific requirements for plat approval. The record before the Commission established that the developer had complied with all of these requirements, so that approval was a ministerial function. We therefore grant review by certiorari, quash the order of the circuit court and remand for entry of an order directing Broward County to approve the plat as requested. WARNER, POLEN and FARMER, JJ., concur. _. _. iv t ; 2012 'rhorY',e;i.m Ret iE;rs. No clZA -it-D if) original US, GoveV r'1.nent t'L ;:II''kG. ______ 2 G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23' Fla. l.. Weekly D806 Parallel Citations 23 Fla. L. Weekly D806 Footnotes "Flex units" refers to the allocation of units within a jurisdiction. The land use plans for Broward County and the City of Coconut Creek allow for a maximum number of residential units within the City. The City has the right, however, to shift units around within the "flex zones," so long as the total number of units allowed within the geographic limits of the City does not exceed the maximum number of units prescribed in both land use plans. End of Document rr;} 2012 Thomson (neuters. No claim to original U.S. Governrrienl Works. Next 20 12 TlyhorYS.ei[. n Rei.Jer . N(> claim to : rki,i .t;�i U. S.. t'3{ )i€-trro = Works. ;. `s G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23 Fla. L. Weekly D806 ON Decision Approved in Part, Quashed in Part by Broward Cou ty v G.B.V. I ter ., Ltd., Fla., Ju c 7, 2001 709 So.2d 155 District Court of Appeal of Florida, Fourth District. G.B.V. INTERNATIONAL, LTD., a Florida limited partnership; and Ashok Patel, General Partner, Petitioners, V. BROWARD COUNTY, Respondent. No. 97 -2448. 1 March 25,1998. 1 Rehearing, Rehearing En Banc and Certification of Conflict Denied May 13, 1998. After county commission denied developer's application for plat approval, developer filed petition for certiorari. The Seventeenth Judicial Circuit Court, Broward County, Miette K. Bumstein, J., denied review. Developer sought review by common -law certiorari. The District Court of Appeal held that county commission was required to approve application. Petition granted; order quashed. West Headnotes (3) Certiorari correction was warranted to correct trial court's action of affirming denial of application for plat approval, where trial court reached beyond county commission's stated reasons and decided application on basis not raised before commission. 3 Zoning and Planning ,- Other particular considerations 414 Zoning and Planning 414VIII Permits, Certificates, and Approvals 414VIII(A) In General 4141379 Maps, Plats, and Plans; Subdivisions 4141383 Grounds for Grantor Denial; Conformity to Regulations 414kl383(5) Other particular considerations (Formerly 414k381.5) County commission was required to approve application for plat approval, despite commission's disapproval of city's decision to approve proposed development, where record before commission established that developer had complied with county's land development regulations. 1 Cases that cite this headnote Attorneys and Law Firms 1 Certiorari *155 James C. Brady of Brady & Coker, Fort Lauderdale, Grounds in general for petitioners. 73 Certiorari 73I Nature and Grounds John J. Copelan, Jr., County Attorney, and Anthony C. Musto, 73k27 Grounds in general Chief Appellate Counsel, Fort Lauderdale, for respondent. Certiorari correction of circuit court's appellate Opinion decision should be made only when there has been a violation of a clearly established principle PER CURIAM. of law resulting in a miscarriage of justice. A developer seeks timely review by common law certiorari of an order from the circuit court denying initial certiorari review 2 Zoning and Planning of a denial of an application for plat approval. We grant the — Further Review petition and quash the order of the circuit court. 414 Zoning and Planning 1 Under Haines City Community Development v. Heggs, 414X Judicial Review or Relief 658 So.2d 523, 528 (F1a.1995), certiorari correction of a 414X(E) Further Review 4141735 In general circuit court's appellate decision should be made "only when (Formerly 414041) there has been a violation of [a] clearly established principle .. . ... .........._..._.__ _.___.._._. .., _.......__.... _. __ . . :Next }[t'' ..,._...„...__.._,.,,,,; G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23 Fla. I. Weekly 6806 of law resulting in a miscarriage of justice." We find that kind of rare occasion in this case in which we should use our review function to correct a miscarriage of justice. 2 The Commission did not base its denial of the plat as submitted on estoppel but on incompatibility. Yet the circuit court reached beyond the Commission's stated reasons and decided the application on a basis not raised before the County Commissioners. In order to do so, the circuit court relied on evidence not presented to the Commissioners and thus not considered by them in denying approval. In effect the circuit court decided an issue that was neither presented to nor decided by the Commission. We regard the circuit court's decision in this regard as a departure from the essential requirements of law while sitting in certiorari review of local government action and a denial of procedural due process. 3 Turning to the merits, we take note of the following circumstances from the record. The developer sought to develop land within the City of Coconut Creek into a mix of single and multiple family residences, and commercial use. The comprehensive land use plans of both the County and the City did not allow for as many residential units on this location as the developer proposed. Initially *156 the developer sought an amendment to the County land use plan to permit 10 units an acre. Although the staff approved the amendment, the County Commissioners balked at the higher number and would approve an amendment to the County land use plan for only 6 units per acre. The comprehensive land use plans of both the County and City have a feature called "flex units." I After the County Commissioners had denied the requested amendment to the land use plan, the developer went to the City and requested flex units that would allow for the number of units proposed. The City agreed with the flex unit request and thereby allowed the developer to use additional units from other areas within the City's borders; with the allowance the City was still within its comprehensive plan in terms of the total number of units to be developed within the City. Accordingly the City approved the proposed development. The developer then sought site plan approval by the County in accord with the County's legal requirements. The County staff recommended approval of the plat, finding compliance with all County regulations for plat approval. The County Commissioners were therefore being asked to review the plat for compliance with the County's own regulations. In fact the Commissioners expressed disapproval of the City's decision to allow the flex units, in spite of the fact that the City had the authority to do so -even under the County land use plan. It was the denial of this site plan approval that the circuit court reviewed by petition for certiorari. In Board of County Commissioners of Brevard County v. Snyder, 627 So.2d 469 (Fla. 1993), the court described review of certain local government land use decisions as follows: "rezoning actions which have an impact on a limited number of persons or property owners, on identifiable parties and interests, where the decision is contingent on a fact or facts arrived at from distinct alternatives presented at a hearing, and where the decision can be functionally viewed as policy application, rather than policy setting, are in the nature of... quasi-judicial action...." [emphasis supplied.] 627 So.2d at 474. In Park of Commerce Associates v. City of Delray Beach, 636 So.2d 12 (Fla. 1994), the court followed Snyder and held that site plan approval was a quasi-judicial function, for which the proper form of judicial review was by certiorari. In the course of approving our en banc decision in Park of Commerce, the court also said that our previous decision in City of Lauderdale Lakes v. Corn, 427 So.2d 239 (Fla. 4th DCA 1983), "accurately states the law concerning appellate review of decisions of local governments on building permits, site plans, and other development orders." 636 So.2d at 15. Corn, in turn, followed Broward County v. Narco Realty, Inc., 359 So.2d 509 (Fla. 4th DCA 1978), where we said: "All persons similarly situated should be able to obtain plat approval upon meeting uniform standards. Otherwise, the official approval of a plat application would depend upon the whim or caprice of the public body involved." 359 So.2d at 510. Broward County's land development regulations contain specific requirements for plat approval. The record before the Commission established that the developer had complied with all of these requirements, so that approval was a ministerial function. We therefore grant review by certiorari, quash the order of the circuit court and remand for entry of an order directing Broward County to approve the plat as requested. WARNER, POLEN and FARMER, JJ., concur. p'1 ... . . ; ext ;.tz., � {::� €„ !. .fi'`J!i•rdl...�.yl G.B.V. Intern., Ltd. v. Broward County, 709 So.2d 155 (1998) 23 Fla. L. Weekly D806 Parallel Citations 23 Fla. L. Weekly D806 Footnotes "Flex units" refers to the allocation of units within a jurisdiction. The land use plans for Broward County and the City of Coconut Creek allow for a maximum number of residential units within the City. The City has the right, however, to shift units around within the "flex zones," so long as the total number of units allowed within the geographic limits of the City does not exceed the maximum number of units prescribed in both land use plans. End of Document <i) 2012 Thomson Reuters. No claim to oiginai U.S. Government klVorks. __ _ _.... _ ... ............ w .... _... _. Nex.t %i 7ai._'.,r ,. g T_._ Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 787 S0.2d 838 Supreme Court of Florida. 2 Zoning and Planning Evidence and fact questions BROWARD COUNTY, Petitioner, 414 Zoning and Planning V. 414VIII Permits, Certificates, and Approvals G.B.V. INTERNATIONAL, 414VIII(B) Proceedings on Permits, Certificates, LTD., etc., et al., Respondents. or Approvals 414k1418 Notice and Hearing No. SC93115. I June 7, 2001. 4141422 Evidence and fact questions (Formerly 414k435) After county commission denied developer's application for Once the developer meets the initial burden of plat approval, developer filed petition for certiorari. The showing that the site plan or plat application Seventeenth Judicial Circuit Court, Broward County, Miette meets the statutory criteria, the burden shifts K. Burnstein, J., denied review. Developer sought review to the planning commission to demonstrate, by by common -law certiorari. The District Court of Appeal, competent substantial evidence presented at the 709 So.2d 155, granted petition and quashed order. Review hearing and made a part of the record, that the was granted. The Supreme Court, Shaw, J., held that: (1) application does not meet such standards and is, commission decision approving plat application was quasi- in fact, adverse to the public interest. judicial, not legislative, and was reviewable via certiorari; (2) the Circuit Court improperly engaged in independent review of the plat application and made its own factual finding; and 3 Zoning and Planning (3) the District Court of Appeal improperly evaluated the „ , Grounds for Grant or Denial; Conformity to merits of the commission's decision and remanded for entry Regulations of an order directing the commission to approve the plat. Zoning and Planning Approved in part, quashed in part, and remanded. Evidence and fact questions 414 Zoning and Planning Wells, C.J., concurred and filed opinion. 414VIII Permits, Certificates, and Approvals 414VIII(A) In General Pariente, J., dissented and filed opinion in which Anstead, J., 414k1379 Maps, Plats, and Plans; Subdivisions concurred. 414kl383 Grounds for Grantor Denial; Conformity to Regulations 414kl383(1) In general West Headnotes (17) (Formerly 414381.5) 414 Zoning and Planning 1 Zoning and Planning 414VIII Permits, Certificates, and Approvals II fi 414VIII(B) Proceedings on Permits, Certificates, r: _= Grounds for Grant or Denial; Conformity to or Approvals Regulations 4141418 Notice and Hearing 414 Zoning and Planning 4141422 Evidence and fact questions 414VIII Permits, Certificates, and Approvals (Formerly 414435) 414VIII(A) In General To deny a plat application, a local government 4141379 Maps, Plats, and Plans; Subdivisions agency must show by competent substantial 414k 1383 Grounds for Grant or Denial; evidence that the application does not meet the Conformity to Regulations published criteria. 4140383(1) In general (Formerly 414k381.5) 1 Cases that cite this headnote A decision granting or denying a site plan or plat application is governed by local regulations, which must be uniformly administered. 4 Zoning and Planning n <. _.... , .: Thor 1 t t » ., s• ;...i /, 1! € hor?i son I• {�: €i erS s, No, �: Saim te. €:ti'€ =ir �r.'�l t)..1 o'�4.am -ierd� tikforlk!';; Broward County v. G.B.Y. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L.' Vlleekly 5463, 26 Fla. L. Weekly 5389 _= Certiorari 414 Zoning and Planning 414X Judicial Review or Relief 414X(A) In General 4141572 Nature and Form of Remedy 4141575 Certiorari (Formerly 414k565) Once the planning commission has denied the site plan or plat application, the developer may seek judicial review via the writ of certiorari. 5 Certiorari ;�;­ Nature and scope of remedy in general Certiorari Y = Existence of Remedy by Appeal or Writ of Error 73 Certiorari 731 Nature and Grounds 73k1 Nature and scope of remedy in general 73 Certiorari 73I Nature and Grounds 73k5 Existence of Remedy by Appeal or Writ of Error 73k5(I) In general The common law "writ of certiorari" is a special mechanism whereby an upper court can direct a lower tribunal to send up the record of a pending case so that the upper court can be informed of events below and evaluate the proceedings for regularity; it functions as a safety net and gives the upper court the prerogative to reach down and halt a miscarriage of justice where no other remedy exists. 7 Cases that cite this headnote 6 Certiorari Nature and scope of remedy in general Certiorari = Existence of Remedy by Appeal or Writ of Error Certiorari Discretion as to grant of writ Certiorari •ri Errors and irregularities 73 Certiorari 73I Nature and Grounds 73k1 Nature and scope of remedy in general 73 Certiorari 73I Nature and Grounds 73k5 Existence of Remedy by Appeal or Writ of Error 73k5(1) In general 73 Certiorari 731 Nature and Grounds 73k9 Discretion as to grant of writ 73 Certiorari 731 Nature and Grounds 73k29 Errors and irregularities The writ of certiorari is discretionary, was intended to fill the interstices between direct appeal and the other prerogative writs, and never was intended to redress mere legal error, for common law certiorari -above all -is an extraordinary remedy, not a second appeal. 1 Cases that cite this headnote 7 Administrative Law and Procedure , -- Certiorari 15A Administrative Law and Procedure 15AV Judicial Review of Administrative Decisions 15AV(A) In General 15Ak657 Nature and Form of Remedy 15Ak659 Certiorari As a rule, local agency action that is not otherwise subject to review under the Administrative Procedure Act is reviewable via certiorari only if it is a quasi-judicial, not legislative. West's F.S.A. § 120.50, et seq. 3 Cases that cite this headnote 8 Administrative Law and Procedure Scope of Review in General 15A Administrative Law and Procedure 15AV Judicial Review of Administrative Decisions 15AV(D) Scope of Review in General 15Ak741 In general Where a party is entitled as a matter of right to seek certiorari review in the circuit court from administrative action, the circuit court must determine whether (1) procedural due process is accorded, (2) the essential requirements of the law have been observed, and (3) whether the administrative findings and judgment are _ _.._.. — _. ........ _ .... _.._ .... .. _......., _..__..__._... .._._........ -Next i.i.��: n Rf. �JtEx�.., I11.1 ,:.�i,,S• ri r), !fk r� %ii '..I. �`3. �J�J�j�)Pr¢��1C��`l� k rir:ls. 2. Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 supported by competent substantial evidence. On certiorari the appellate court only determines U.S.C.A. Const.Amend. 14. whether or not the tribunal or administrative authority whose order or judgment is to 9 Cases that cite this headnote be reviewed has in the rendition of such order or judgment departed from the essential 9 Administrative Law and Procedure requirements of the law and, upon that Scope determination, whether to quash the writ of 15A Administrative Law and Procedure certiorari or to quash the order reviewed. 15AV Judicial Review of Administrative 3 Cases that cite this headnote Decisions 15AV(A) In General 15Ak681 Further Review 12 Administrative Law and Procedure 15Ak683 Scope . -_ Determination Upon certiorari review of the circuit court's Certiorari judgment reviewing an administrative agency v- Determination and disposition of cause decision, the district court of appeal determines whether (1) the circuit court afforded procedural 15A Administrative Law and Procedure 15AV Judicial Review of Administrative due process and (2) applied the correct law, Decisions that is, whether the lower court departed from 15AV(F) Determination the essential requirements of law. U.S.C.A. 15Ak811 In general Const.Amend. 14. 73 Certiorari 731I Proceedings and Determination 16 Cases that cite this headnote 73k69 Determination and disposition of cause When the order under review is quashed on 10 Certiorari certiorari, it leaves the subject matter, that is, ;�— Nature and scope of remedy in general the controversy pending before the tribunal, 73 Certiorari commission, or administrative authority, as if no 73I Nature and Grounds order or judgment had been entered, and the 73k1 Nature and scope of remedy in general parties stand upon the pleadings and proof as it The role of the reviewing court on a writ of existed when the order was made with the rights certiorari is to halt the miscarriage of justice, of all parties to proceed further as they may be nothing more. advised to protect or obtain the enjoyment of their rights under the law in the same manner and to the same extent which they might have proceeded 11 Administrative Law and Procedure had the order reviewed not been entered. Scope of Review in General 1 Cases that cite this headnote Certiorari Pw Scope and Extent in General 13 Certiorari 15A Administrative Law and Procedure Determination and disposition of cause 1 15AV Judicial Review of Administrative Decisions 73 Certiorari 15AV(D) Scope of Review in General 73U Proceedings and Determination 15Ak741 In general 73k69 Determination and disposition of cause 73 Certiorari The appellate court has no power in exercising its 731I Proceedings and Determination jurisdiction in certiorari to enter a judgment on 73k63 Review the merits of the controversy under consideration 73k64 Scope and Extent in General nor to direct the respondent to enter any particular 73k64(1) In general order or judgment. - -- ......... . ... .......... ...... ...., ., . .. - - - -. _....._ ..... — - -- .....,.. -- - _ . NeXt �'� 20 U, Thori iscm R,tt it -,m. Ni) ciai i1 if) t.). S, GoverilYl ent ='V.- -b -ks, i Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 2 Cases that cite this headnote 14 Zoning and Planning Certiorari 414 Zoning and Planning 414X Judicial Review or Relief 414X(A) In General 414k1572 Nature and Form of Remedy 4141575 Certiorari (Formerly 414k565) Planning commission decision approving plat application at six units per acre, not ten, was quasi-judicial, not legislative, and was reviewable via certiorari. 15 Zoning and Planning v=. Permits, certificates, and approvals 414 Zoning and Planning 414X Judicial Review or Relief 414X(C) Scope of Review 414X(C)4 Questions of Fact 4141703 Permits, certificates, and approvals (Formerly 414708) Circuit court on certiorari review of planning commission decision improperly engaged in independent review of the plat application and made its own factual finding that the developer had misrepresented its position and was estopped from raising its claim; the court should have simply reviewed the record to determine whether the commission's decision was supported by competent substantial evidence. 3 Cases that cite this headnote 16 Zoning and Planning De novo review 414 Zoning and Planning 414X Judicial Review or Relief 414X(E) Further Review 4141744 Scope and Extent of Review 4141752 De novo review (Formerly 414k745.1) On certiorari review of circuit court's approval of planning commission decision to allow six units per acre, district court of appeal improperly evaluated the merits of the commission's decision and remanded for entry of an order directing the commission to approve the plat at ten units per acre; the district court's role on second -tier certiorari review was limited to whether (1) the circuit court afforded procedural due process and (2) applied the correct law, and the district court thus could not conduct a de novo review of the agency decision and had no role after halting the miscarriage of justice. U.S.C.A. Const.Amend. 14. 17 Cases that cite this headnote 17 Administrative Law and Procedure y Determination supported by evidence in general Administrative Law and Procedure s = Weight of evidence 15A Administrative Law and Procedure 15AV Judicial Review of Administrative Decisions 15AV(E) Particular Questions, Review of 15Ak784 Fact Questions 15Ak788 Determination supported by evidence in general 15A Administrative Law and Procedure 15AV Judicial Review of Administrative Decisions 15AV(E) Particular Questions, Review of 15Ak784 Fact Questions 15Ak793 Weight of evidence On first -tier certiorari review, the circuit court's task is to review the record for evidence that supports the agency's decision, not that rebuts it; the court cannot reweigh the evidence. Attorneys and Law Firms *840 Edward A. Dion, County Attorney, Andrew J. Meyers, Chief Appellate Counsel, and Tamara M. Scrudders, Assistant County Attorney, Fort Lauderdale, FL, and Anthony C. Musto, former Chief Appellate Counsel, as to the briefs filed, Hallandale, FL, for Petitioner. James C. Brady of Brady & Coker, Fort Lauderdale, FL, for Respondent. ;Next ✓ tai I T1'I( iY?;.i£,rl o t(: rS, 1^ i, ile,in c ., "Lliri%4i li.:.i. " ?:7ij�?r. t t 1� ;;i•.t.t•5. Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 Opinion SHAW, J. We have for review G.B.V. International, Ltd. v. Broward County, 709 So.2d 155 (Fla. 4th DCA 1998), based on conflict with City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982), and numerous other decisions of this Court. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve in part and quash in part G.B. V. as explained below. I. FACTS G.B.V. International ( "G.B.V. ") owns thirty acres of undeveloped land in the City of Coconut Creek ( "City") within Broward County ( "County") on which it seeks to build 300 garden -style apartments in an area termed Sawgrass Exchange. G.B.V. sought to amend the Broward County Land Use Plan ( "BCLUP ") to change the designation of this parcel from "Industrial' to "Residential," and to allow a density of ten dwelling units per acre. The Broward County Planning Council ("Planning Council') reviewed the proposed amendment and recommended approval of the change in designation but at a density of only five units per acre. The Broward County Commission ( "Commission ") at a meeting on December 12, 1995, voted to tentatively transmit the amendment as proposed, i.e., at ten units per acre, to the Florida Department of Community Affairs ( "Department') to see if the amendment would pass state muster. After the Department indicated that the amendment would pass, the Planning Council reviewed the amendment anew and again recommended adoption at a density of five units per acre. The Commission at a meeting on May 1, 1996, discussed the matter at length with G.B.V. and ultimately adopted the amendment at a compromise density of six units per acre. G.B.V. several months later sought approval of a perimeter plat for the Sawgrass Exchange development at a density *841 of ten units per acre. At the Commission meeting on November 12, 1996, G.B.V. explained that it recently had obtained approval from the City to use "flex" units to make up the additional four units per acre that it had been denied earlier. I G.B.V. pointed out that due to its use of City flex units the following now obtained: (1) Its plat comported with the BCLUP; (2) no further amendment to the BCLUP was required; (3) the plat met all the objective requirements for approval; and (4) the County staff had recommended approval. The Commission by oral vote following general discussion approved the plat application but at a density of six units per acre rather than the requested ten. G.B.V. sought certiorari in the circuit court, arguing that the Commission should have approved the plat at ten units per acre. The court denied the petition, ruling inter alia that G.B.V. was estopped from bringing its claim because G.B.V. had misrepresented its position on flex in the proceedings before the Commission. 2 G.B.V. then sought certiorari in the district court. The court granted certiorari, quashed the circuit court order, addressed the underlying plat controversy, and remanded for entry of an order approving the plat at ten units per acre. 3 We granted review based on conflict with numerous decisions of this Court holding that a district court's role on "second - tier" certiorari review is limited to the two -step assessment set forth in City of Deerf eld Beach v. Vaillant, 419 So.2d 624 (Fla. 1982). Broward County contends that *842 the district court exceeded the scope of its authority on certiorari review. G.B.V. concedes that conflict exists but contends that the district court ruled properly. II. THE APPLICABLE LAW 1 2 3 4 A decision granting or denying a site plan or plat application is governed by local regulations, which must be uniformly administered. The allocation of burdens expressed in Irvine v. Duval County Planning Commission, 495 So.2d 167 (Fla. 1986), is applicable to such proceedings: [O]nce the petitioner met the initial burden of showing that his application met the statutory criteria for granting such [applications], "the burden was upon the Planning Commission to demonstrate, by competent substantial evidence presented at the hearing and made a part of the record, that the [application] requested by petitioner did not meet such standards and was, in fact, adverse to the public interest." Irvine, 495 So.2d at 167. To deny a plat application, a local government agency must show by competent substantial evidence that the application does not meet the published criteria. Once the agency has denied the application, the developer may seek judicial review via the writ of certiorari, as explained below. 4 5 6 The common law writ of certiorari is a special mechanism whereby an upper court can direct a lower tribunal to send up the record of a pending case so that the upper ..... __ __ _ _ < >. Broward County v, G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly 5463, 26 Fla. L. Weekly S389 court can "be informed of events below and evaluate the proceedings for regularity. 5 The writ functions as a safety net and gives the upper court the prerogative to reach down and halt a miscarriage of justice where no other remedy exists.6 The writ is discretionary ? and was intended to fill the interstices between direct appeal and the other prerogative writs. 8 The writ never was intended to redress mere legal error, for common law certiorari -above all -is an extraordinary remedy, not a second appeal. 9 *843 7 Florida courts have adapted the common law writ of certiorari for use in various scenarios, including the following: (1) to review actions of local government agencies; (2) to review decisions of circuit courts acting in their appellate capacity; and (3) to review nonfinal, nonappealable orders of lower tribunals, e.g., discovery orders, 10 The first category of adjudicatory action, i.e., actions of local government agencies, is in issue in the present case. This category comprises local agency action that is not otherwise subject to review under the Administrative Procedure Act 11 and is further divided into two subgroups: quasi-judicial actions and legislative actions. 12 As a rule, only quasi- judicial actions are reviewable via certiorari, 13 8 9 The Court in City of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982), delineated the standards of review for local agency action at both the circuit and district court levels. The inquiry at both levels is deliberately circumscribed out of deference to the agency's technical mastery of its field of expertise, 14 and the inquiry narrows as a case proceeds up the judicial ladder. 15 "First- tier" certiorari review is three - pronged, and "second- tier" certiorari review is two- pronged: Where a party is entitled as a matter of right to seek review in the circuit court from administrative action, the circuit court must determine [1] whether procedural due process is accorded, [2] whether the essential requirements of the law have been observed, and [3] whether the administrative findings and judgment are supported by competent substantial evidence. The district court, upon review of the circuit court's judgment, then determines [I ] whether the circuit court afforded procedural due process and [2] applied the correct law. Vaillant, 419 So.2d at 626. 16 In brief, first -tier certiorari review is not discretionary but rather is a matter of right and is akin in many respects to a plenary appeal, whereas second -tier certiorari review is more restricted and is similar in scope to true common law certiorari. 17 10 11 12 13 Consistent with the limited purpose of this writ, the Court long ago delineated the narrow range of options *844 that are available to a reviewing court on certiorari review. The role of the reviewing court in such a proceeding is to halt the miscarriage of justice, nothing more: On certiorari -the appellate court only determines whether or not the tribunal or administrative authority whose order or judgment is to be reviewed has in the rendition of such order or judgment departed from the essential requirements of the law and upon that determination either to quash the writ of certiorari or to quash the order reviewed. When the order is quashed, as it was in this case, it leaves the subject matter, that is, the controversy pending before the tribunal, commission, or administrative authority, as if no order or judgment had been entered and the parties stand upon the pleadings and proof as it existed when the order was made with the rights of all parties to proceed further as they may be advised to protect or obtain the enjoyment of their rights under the law in the same manner and to the same extent which they might have proceeded had the order reviewed not been entered. The appellate court has no power in exercising its jurisdiction in certiorari to enter a judgment on the merits of the controversy under consideration nor to direct the respondent to enter any particular order or judgment. Tamiami Trail Tours v. Railroad Commission, 128 Fla. 25, 174 So. 451, 454 (1937) (on rehearing). This limited range has been addressed by the district courts, 18 and the modern trend in this Court's decisions has been to further restrict -not expand -the scope of this writ. 19 III. THE PRESENT CASE 14 15 As noted above, although the County staff recommended approval of G.B.VA plat application at ten units per acre, the Commission approved the application at only six units per acre. The circuit court denied G.B.V.'s petition for certiorari, ruling that the Commission's decision was legislative in nature and that G.B.V. was estopped from raising its claim because G.B.V. had misrepresented its position on flex in its application before the Commission. 20 This ruling was improper. *845 First, the Commission ...... ........_...__ ..... . ......._........ .... ......._... _........................... ___ ------ ------- ...... -- ......... __.._... .......... _:,... _. _ —__ ...,......__ ..... _ ..... _._ ................... .._._.._........_....._ _.........................._... ._.......... ....... ...._ Next ':> 2012 Thorns(" Reuters. 1d0 clai =1 to oriaina1 U. S. De:w errlrr ent Works 6 Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Flil. Weekly S463, 26 Fla. L Weekly S389 decision was a quasi-judicial, not legislative, function and was reviewable via certiorari. 21 Second, rather than limiting its review of the Commission decision to the three "first - tier" factors set forth in Vaillant, the court embarked on an independent review of the plat application and made its own factual finding based on the cold record (i.e., the court determined that G.B.V. had misrepresented its position on flex). In other words, instead of simply reviewing the record to determine inter alia whether the Commission's decision was supported by competent substantial evidence, the court combed the record and extracted its own factual finding. The court thus exceeded the scope of its authority under Vaillant. At the district court level, the court granted certiorari and quashed the circuit court decision, concluding that the decision "was a departure from the essential requirements of law." This ruling was proper. 22 As explained above, according to the plain language of its order, the circuit court made its own factual finding based on the cold record. The circuit court thus applied the wrong law (i.e., instead of applying the Vaillant standard of review, the court applied an independent standard of review), and this is tantamount to departing from the essential requirements of law (as the district court ruled). 23 16 The district court proceeded to evaluate the merits of the Commission's decision and remanded for entry of an order directing the Commission to approve the plat at ten units per acre. This was improper. Pursuant to Vaillant, the district court's role on second -tier certiorari review was limited to a two- pronged review of the circuit court decision, not a de novo review of the agency decision. Once the district court granted certiorari and quashed the circuit court order - i.e., once the court halted the miscarriage of justice -the district court's job was ended. By conducting its own de novo assessment of the plat application, the district court arrogated to itself the authority of the Commission and functioned as a kind of roving "super agency." 24 *846 IV. CONCLUSION As in Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (F1a.2000), we decline to conduct our own review of the present record to determine whether the Commission's decision is supported by competent substantial evidence, for to do so would usurp the first -tier certiorari jurisdiction of the circuit court. Instead, we return this case to the circuit court and direct that court to apply the three - pronged standard of review set forth in Vaillant. Notably, when applying the third prong, the court should review the record to determine simply whether the Commission's decision is supported by competent substantial evidence. 17 As explained above, a local government agency may deny a plat application only if the agency demonstrates that the applicant failed to meet the objective legal requirements for approval. Thus, for the County to prevail on remand, the record must contain competent substantial evidence to support the conclusion that G.B.V. failed to meet the County's published criteria for plat approval. 25 Otherwise, the Commission's decision must be quashed. We note that the Commission did little to facilitate judicial review or to bolster its own decision; it made no findings, stated no formal reason for its decision, and issued no written order. Although the Court in Board of County Commissioners v. Snyder, 627 So.2d 469, 476 (Fla. 1993), recommended but did not require written findings of fact in a quasi-judicial proceeding, our ruling in that case has been called into question in subsequent years. 26 Accordingly, we refer the following matter to the Rules of Judicial Administration Committee of The Florida Bar for study: Whether the Court should implement a rule requiring written final decisions with detailed findings of fact in local land use actions that are subject to review in the courts. Based on the foregoing, we approve in part and quash in part the district court decision in G.B. V. as explained herein. It is so ordered. HARDING, LEWIS and QUINCE, JJ., concur. WELLS, C.J., concurs with an opinion. PARIENTE, J., dissents with an opinion, in which ANSTEAD, J., concurs. WELLS, C.J., concurring. I write separately to explain why this Court's opinions in Martin County v. Yusem, 690 So.2d 1288 (F1a.1997), and Coastal Development of North Florida, Inc. v. City of Jacksonville Beach, 788 So.2d 204 (F1a.2001), do not apply to this case. I also write to explain why I disagree with Justice Pariente's belief that a written findings requirement should be imposed in *847 this opinion upon local governments in land use proceedings. 2T Reuters, i 1 t : -._.i �1(iii'::.ii':t e"�;tit£::i';i, i�4) GIri1:�3�1 :� - `.)fi'iCj':i °.3 1 �. L:x..,Li'?t i.. -:.,2. ':f11CiYhj. � Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 A review of respondent G.B.V.'s actions before the various local governments is helpful. G.B.V. originally sought, at the December 12, 1995, Broward County Commission (County Commission) meeting, an amendment to the Broward County Land Use Plan ( BCLUP), seeking to amend the land use designations of approximately fifty -five acres of land in the City of Coconut Creek (City). At that time, the BCLUP classified approximately fifty and seven - tenths acres of that land as "Industrial" and four and three- tenths acres as "Office Park." G.B.V. desired that the BCLUP be amended to reflect classifications of approximately thirty acres as "Low Medium Residential" (ten dwelling units per acre maximum), twenty and four - tenths acres as "Low Residential" (five dwelling units per acre maximum), and four and six- tenths acres as "Commercial." At the December 12, 1995, meeting, staff recommended that all of the approximate fifty acres G.B.V. wanted designated residential be classified as Low Residential, with a maximum density permitted of five units per acre. Despite opposition to the Low Medium Residential classification on the thirty acres, the County Commission voted to transmit the proposal as requested by G.B.V. to the Florida Department of Community Affairs for its review and approval. After the Department's approval, G.B.V., on May 1, 1996, returned before the County Commission to pursue its request for an amendment to the BCLUP. Again, staff recommended that all fifty acres be classified as Low Residential, including the thirty-acre parcel G.B.V. sought to be classified as Low Medium Residential. The County Commission ultimately approved the land use amendment as requested but only allowed a maximum of six dwelling units per acre on the thirty-acre portion of the tract of land. G.B.V. did not challenge this decision. 27 Thereafter, G.B.V. pursued with the City a request to flex 120 units. 28 Apparently, under the provisions of the BCLUP, a city without the consent of the County Commission may flex dwelling units above authorized densities within certain zones so long as the total number of units authorized in any particular zone are not exceeded. The City granted the request, and the Broward County Planning Council recertified the Coconut Creek Land Use Element on September 26, 1996. Returning to the County Commission on November 12, 1996, G.B.V. requested approval of its perimeter plat, which included a density of ten units per acre on the thirty acre parcel to reflect the flex. With the flex, G.B.V.'s perimeter plat conformed to the BCLUP. 29 The County Commission rejected the perimeter plat with ten -unit density and only authorized a maximum of six units per acre density on the thirty-acre parcel. This is the decision from which G.B.V. petitioned for certiorari review *848 and which is ultimately before this Court. In Yusem, we held that amendments to comprehensive land use plans are legislative decisions subject to strict scrutiny review in an original action and not by certiorari. See Yusem, 690 So.2d at 1295. We extended the holding in Yusem to apply to small -scale development amendments as well. See Coastal Development, 788 So.2d at 209 -10. In the instant case, the circuit court in its order denying certiorari relief relied extensively upon Yusem to deny the certiorari petition on its merits. 30 This was error. The record reveals that the G.B.V. petitioned the circuit court for a writ of certiorari seeking to review the County Commission's November 12, 1996, denial of a perimeter plat that would have allowed a density of ten units per acre on approximately thirty acres out of approximately fifty -five acres owned by G.B.V. within the City. In granting certiorari, the circuit court construed Yusem as applicable to the instant case because the circuit court stated that G.B.V. needed an amendment to the comprehensive plan as a predicate to the perimeter plat request. The circuit court reasoned: "Under the bright line test of Yusem which states that all rezoning decisions that require land use plan amendments are legislative, the decision here must be deemed to be legislative." G.B. V. Intl, Ltd, v. County of Broward, No. 96 -17083 CACE(21), at 10 (Fla. 17th Cir. Ct., order dated July 1, 1997). This construction of Yusem was error. The applicant in Yusem requested a rezoning in conjunction with the comprehensive land use change. See Yusem, 690 So.2d at 1290. In holding that the comprehensive amendment was legislative in nature, we made clear that our "conclusion is not affected by the fact that the amendments to comprehensive land use plans are being sought as part of a rezoning application." Id. at 1293. The distinction in the instant case is that, while G.B.V. had previously successfully obtained a land use change to the City's comprehensive plan and the BCLUP (albeit at a lower density than it had requested), the circuit court was not reviewing the County Commission's previous decision to amend the BCLUP. In fact, G.B.V. did not challenge the County Commission's amendment to the BCLUP. Rather, the issue before the circuit court was whether the County Commission erroneously denied G.B.V.'s requested perimeter plat which conformed to the BCLUP. The burdens associated with upholding local government action in a denial of a perimeter __ _...... _ -- - ....._..._.. _ _ .... _ . ........ ......... . . _ ...... . . Next ti ?� ti ivw (:.n Y�'4e tern I!C, f;lair 'C .,! C;iFt�1i t I.:s. G(• er"tCiir.'f•7, VV-lKS, 3 Broward County v. G.S.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L.1Neekly S389 plat and a denial of a comprehensive land use plan amendment are significantly different. Thus, Yusem and Coastal Development do not apply here. I also write separately to express my disagreement with Justice Pariente's view that written statements must be required in all cases where a local government is *849 acting in a quasi-judicial capacity in a zoning hearing and decision. I believe this requirement is too cumbersome and could lead to delay, boilerplate writings, and, likely, to litigation over whether the local government's written statements are sufficient. Not every zoning decision needs written findings. I also disagree with the view that this Court should recede in this case from the holding in Snyder with regard to the writing requirement. I do approve the majority opinion's referral of this to the Rules of Judicial Administration Committee for study. 31 Before this Court imposes such a requirement on local governments in an opinion, especially when the requirement was not before this Court during its review, I believe we should have a recommendation by the committee after hearing input from local governments and others who have a stake in land use decisions. PARIENTE, J. dissenting. I dissent. I would approve the reasoning and the result reached by the Fourth District. In addition, rather than refer the issue of written findings to the Rules of Judicial Administration Committee for study, I would recede from that portion of Board of County Commissioners v. Snyder, 627 So.2d 469, 476 (Fla. 1993), in which this Court declined to require findings of fact, while acknowledging that such findings would be "useful." I would require written findings, as would be required of any other administrative agency sitting as a fact - finder. This is especially the case if the inquiry at both the trial and appellate levels is, as asserted by the majority, "deliberately circumscribed out of deference to the agency's technical mastery of its field of expertise." Majority op. at 843. In this case, the majority observes that "the Commission did little to facilitate judicial review or to bolster its own decision; it made no findings, stated no formal reason for its decision and issued no written order." Id. at 846. Ironically, our clear intent in Snyder was to enhance the quality of judicial review of zoning decisions by enunciating a "strict scrutiny" standard of review rather than the traditionally deferential review accorded legislative decisions. Our goal was to hold local governmental entities more accountable for their zoning decisions, improve the manner in which zoning decisions are made, institute a meaningful standard of review of zoning decisions, and minimize the chance of arbitrary and inconsistent land use decisions. The question is whether, in the aftermath of Snyder, the decision - making process is subject to any "stricter scrutiny" than before Snyder; whether review of the local decision - making process has improved or, of even greater concern, whether the opportunity for arbitrariness and inconsistency has increased. Because of this Court's failure to require the local governmental entity to enter written findings of fact in support of its zoning decision and because certiorari is utilized as the vehicle for review to the circuit court, I am concerned that we have improved neither the quality of the decision - making process in zoning matters nor the appellate review of that process. In fact, contrary to our intent in Snyder, we may have unintentionally lessened *850 rather than heightened the review of the zoning decision. For example, a single circuit court judge is able to review the actions of the local governmental entity, and review of that judge's decision by an appellate court is extremely limited. If the local governmental entity fails to enter written findings, then this circuit court review is rendered virtually unreviewable. Therefore, in the absence of requiring written findings, with all due respect for individual trial courts, we may have unintentionally vested too much discretion in a single circuit court judge whose decision is virtually shielded from appellate review- subject to reversal only if it has resulted in a denial of procedural due process or an application of the wrong law. 32 See Haines City Cmty. Dev. v. Heggs, 658 So.2d 523, 530 (F1a.1995). We recently re- acknowledged the narrowness of appellate review by the district courts of appeal in zoning cases in Florida Power & Light v. City of Dania, 761 So.2d 1089, 1092 (F1a.2000) ( "As a practical matter, the circuit court's final ruling in most first -tier cases is conclusive, for second - tier review is extraordinarily limited. "). Thus, because the local governmental entity is not required to make written findings, the circuit court's statement that the decision of the local government was not supported by competent substantial evidence becomes essentially unreviewable. In a recent amicus brief filed in this Court by 1000 Friends of Florida, Inc., and the Florida Chapter of the American Planning Association, in Minnaugh v. County Commission, 783 So.2d 1054 (F1a.2001), the amici argued that small plan amendments should be considered legislative and not quasi- ...... _ . ........ __....___._._ Next _, 2019 T!ioinnsort _;lazinP to iri: HI i1& ,E 'vf;f imei?t Works. Broward Comity v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 judicial acts. Among their several reasons for advancing this view, they asserted that: Legislative matters are reviewed de novo in the circuit court and the losing party may take a direct appeal to the applicable district court of appeal. Pure appellate review is much broader than certiorari review, and the district courts often publish a written opinion, which assists in the development of land use law in Florida. However, to conclude a local land use decision is quasi-judicial in nature, seriously limits the involvement of the district courts of appeal. Review of quasi-judicial decisions is appellate in nature to the circuit court and is based on the record prepared at the local level, the local government in effect playing the role of the finder of fact. Review by the district court of decisions on a writ of certiorari is narrower still and there is no longer an appeal of right to the districts courts. Circuit court rulings are seldom published, and they are binding only in that circuit. Amicus Curiae Brief at 23. I also share the concerns expressed in a recent article: The past seven years have demonstrated that the Snyder decision has been difficult for courts to apply. Circuit courts must determine whether zoning decisions are supported by competent and substantial evidence but must avoid, on certiorari review, substituting their judgment for local zoning boards *851 and "re- weighing" the evidence. District courts must determine whether circuit court decisions meet the "essential requirements of law" but also must avoid, in a "second" certiorari review, undertaking any review of the evidence in the record. T.R. Hainline, Jr. & Steven Diebenow, Snyder House Rules? The New Deference in the Review of Quasi - Judicial Decisions, Fla. B.J., Nov. 2000, at 53, 53 (footnote omitted). The authors posit that the difficulty in reviewing zoning board decisions can be traced to the Snyder decision and our rejection of a requirement that would have mandated written findings. As they observe: outcome of the local zoning board's vote on the rezoning without the benefit of the board's reasoning. In its required review of the evidence below, a circuit court applying Snyder faces a "Catch -22 ": the court cannot "re- weigh" the evidence or substitute its judgment for that of the zoning board, and yet, in the absence of written findings, any evidence which is relied upon by the circuit court in its review may or may not have been relied upon by the zoning board. Thus, in examining the record without the guidance afforded by written findings, the circuit court necessarily is "re- weighing" the evidence and substituting its judgment for that of the zoning board. District courts, quick to find error in the "re- weighing" of evidence, urge circuit courts to search the record for any evidence in the record supporting the outcome of the zoning board's vote. Exit nondeferential review of decisions which are quasi - judicial; enter deferential review of decisions which are, in effect, viewed as legislative. Id. (footnotes omitted). Indeed, the Fifth District in Snyder observed that written findings of fact were essential to effective strict scrutiny of quasi-judicial proceedings: Landowners adversely affected by the action of a governmental zoning authority are entitled to access to the trial and appellate courts of this state for full judicial review of such governmental action. ... Since a property owner's right to own and use his property is constitutionally protected, review of any governmental action denying or abridging that right is subject to close judicial scrutiny. Effective judicial review, constitutional due process and other essential requirements of law, all necessitate that the governmental agency (by whatever name it may be characterized) applying legislated land use restrictions to particular parcels of privately owned lands, must state reasons for action that denies the owner the use of his land and must make findings of fact and a record of its proceedings, sufficient for judicial review of the legal sufficiency of the evidence to support the findings of fact made, the legal sufficiency of the findings of fact supporting the reasons given and the legal adequacy, under applicable law (i.e., under general comprehensive zoning ordinances, applicable state and case law and state and federal constitutional provisions) of the reasons given for the result of the action taken. Written findings, however, are a critical ingredient in the review of quasi judicial decisions. They arc necessary Snyder v. Board of County Commis, 595 So.2d 65, 81 (Fla. guideposts without which a circuit court is left to review the 5th DCA 1991) (footnote omitted), quashed, 627 So.2d 469 (F1a.1993). vml-.; Next 2012 'i horn;son 1Rf)ut ns,. No d i n to original U.5. (3cvernmvmt Work,-_,-, 10 Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 Before this Court's opinion in Snyder, appellate courts recognized written findings as the starting point in a circuit *852 court's review. As Judge Zehmer observed: To meet due process requirements, it is necessary that the agency set out detailed facts found from the evidence so that a court authorized to review the matter on certiorari can first determine whether or not the facts found by the agency constitute lawful grounds for its action and, then, determine whether the evidence supports the finding - "Without [detailed findings], the reviewing court would be compelled to grope in the dark and to resort to guess -work as to what facts the Board had found to be true and what facts alleged were not found to be true." Laney v. Holbrook, 150 Fla. 622, 8 So.2d [465,] 468 [ (F1a.1942)]; Hickey v. Wells, 91 So.2d [206,] 210 [ (Fla, 1956) ]; Powell v. Board of Public Instruction of Levy County, 229 So.2d [308,] 311 -312 [ (Fla. 1st DCA 1969) ]. It is not sufficient that the cited findings merely be general conclusions in the language of the statute or ordinance because such conclusions provide no way for the court to know on judicial review whether the conclusions have sufficient foundation in findings of fact. E.g., City of Apopka v. Orange County, 299 So.2d 657 (Fla. 4th DCA 1974); McCulley Ford, Inc. v. Calvin, 308 So.2d 189 [ (Fla. 1st DCA 1974) ]; Lynch- Davidson Motors, Inc. v. Calvin, 308 So.2d 197 (Fla. 1st DCA 1974); Bill Kelley Chevrolet, Inc. v. Calvin, 308 So.2d 199 (Fla. 1st DCA 1974). Furthermore, requiring detailed findings of fact is manifestly helpful in assuring that administrative decisions are not the result of improper considerations. Irvine v. Duval County Planning Comm'n, 466 So.2d 357, 366 (Fla. 1st DCA 1985) ( Zehmer, J., dissenting), quashed, 495 So.2d 167 (Fla. 1986) (agreeing with Judge Zehmer's dissenting opinion concerning burden of proof in zoning cases), on remand, 504 So.2d 1265, 1267 (Fla. 1 st DCA 1986) (adopting Judge Zehmer's dissenting opinion as the court's opinion and judgment). Shortly after Snyder, one commentator enunciated the reasons for requiring written findings, including enhanced public understanding of rezoning decisions and effective judicial review: Strategically, from the perspective of judicial review, local governments will benefit from this practice. it is far more advantageous for the local government to adopt its own written findings of fact, which if supported by substantial competent evidence a court would accept, than to have a court determine whether the local decision is supported by such evidence based on its own independent review of the record. In any event, requiring written findings of fact serves important public policy objectives that far outweigh any inconvenience to the local government. First, written findings of fact are an integral part of quasi-judicial proceedings, and as the Fifth District observed, are essential to effective strict judicial scrutiny of quasi - judicial decisions. Second, as the Second District observed, written findings of fact will greatly reduce the possibility of arbitrary or politically motivated rezoning decisions, thereby providing greater protection for property rights. Finally, requiring written findings of fact forces close attention to the consistency requirement; if local governments must make written findings of fact to support their consistency determinations, local officials are likely to focus much more closely on the relationship between a proposed rezoning and the goals, objectives and policies of the local comprehensive plan. *853 Thomas G. Pelham, Quasi- Judicial Rezonings: A Commentary on the Snyder Decision and the Consistency Requirement, 9 J. Land Use & Envtl. L. 243, 287 -88 (footnotes omitted). 33 Hainline and Diebenow more pointedly analyze the effect of our decision to afford quasi-judicial review while not mandating written findings: In determining that rezonings are quasi-judicial decisions while at the same time eliminating the requirement of written findings in such decisions, Snyder has radically altered appellate review of such decision by circuit courts. First, in removing findings as the starting point for appellate review, Snyder forces circuit courts to begin with the outcome (denial or approval) of the local zoning board's vote and then review the entire record for any evidence supporting the outcome. By contrast, the review contemplated in Irvine begins with the actual decision, including its reasoning and findings, followed by a review of the record to determine whether the evidence supports the findings. Second, as described above, the absence of written findings or a reliance on written findings necessarily forces circuit courts to "re- weigh" evidence because they are provided no Next _i 2€ 12' i l ?:i' sr 1 Rt 1atC?i'3. I I,? C. {;. t }.i 1s1 oYi in::il ?.�i, taf.: :t # :1C.itl /� Ir::.i, Broward County v. G.B.U. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 indication of what "weight" a local zoning board assigned to the evidence in the first instance.... Third, the result of circuit court review without findings is that rezoning outcomes are afforded great deference. If the record contains any evidence supporting the outcome, it will most likely be upheld. Finally, the result of this deferential review is that local zoning boards actually place themselves at a disadvantage if they adopt written findings. If, indeed, a reviewing circuit court must uphold a rezoning decision if there is any competent and substantial evidence in the record which supports the outcome, then why would a local board ever wish to limit the potential grounds for its decision by specifically identifying them? If a board relied on the testimony of a traffic expert in opposition to a rezoning and ignored the testimony of an environmental expert also in opposition, why would it ever limit its potential grounds *854 on review to only the traffic expert? Clearly there is no incentive for local zoning boards to adopt written findings explaining the basis of its decisions. Hainline & Diebenow, supra, at 54 -55 (footnotes omitted). In this case, the County Commission, which is expected to act in a quasi-judicial capacity, did not reduce to writing its reasons for denying the plat approval, nor did it even provide a verbal explanation (other than isolated comments from the various commissioners). If its reasoning for denial was based on an estoppel theory (having agreed to the increased units per acre, the developer waived right to seek flex), the County Commission should have stated this basis in order to place the developer on notice and to provide the developer with the opportunity to present contradicting evidence. 34 This requirement is consistent with Snyder. Under Snyder, once the developer demonstrates compliance with the land use plan, the local governmental entity has the burden of establishing why approval should not be granted. The local governmental entity must present evidence in the record from which the circuit court sitting in its appellate capacity can review that evidence. In this case, if there were conditions to be placed on the amendment to the land use plan, then the county had an obligation to reduce those conditions to writing. Here, the county did not sustain its burden and it appears that the Fourth District reached the correct result. Finally, I also believe we should no longer apply our prior decision in Tamiami Trail Tours v. Railroad Commission, 128 Fla. 25, 174 So. 451 (1937), to zoning decisions because the zoning process is simply not analogous to other administrative proceedings. However, as long as certiorari is the method we have adopted for reviewing zoning decisions, I find no legitimate reason for precluding an appellate court from including directions on remand. ANSTEAD, J., concurs. Parallel Citations 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 Footnotes 1 Flex units are a discretionary component built into the BCLUP that gives the City the right to shift a certain number of planned dwelling units from one area within the City to another as long as the overall number of units within the City is not increased. For instance, if a developer seeks to build 100 apartments at a density of ten units per acre on a ten acre tract that is slated under the BCLUP for five units per acre, the developer, rather than asking the County to amend the BCLUP, can ask the City for 50 units of flex. If the City grants the request, the project would then comport with the BCLUP and no amendment would be necessary. The City, in turn, would be required to lessen the density in another area of the City by a total of 50 units at a rate of five units per acre. The total number of flex units allowed the City under the BCLUP is finite. 2 The court ruled as follows: (1) G.B.V. was estopped from raising the claim on certiorari because G.B.V. had obtained transmittal approval and a compromise density of six units per acre from the Commission by promising that G.B.V. would not seek flex units from the City, and then G.B.V. had reneged on that promise and obtained flex units to make up the remaining four units per acre; (2) even if estoppel did not bar the claim, G.B.V. would lose on the merits for two reasons, (a) the Commission's decision was legislative in nature and would be sustained as long as it was "fairly debatable," which it was, and (b) the proposed change was incompatible with surrounding land uses; and finally, (3) no error occurred here but if one did, it did not rise to the level of a departure from the essential requirements of law, which is the standard that must be met before certiorari relief can be granted. In making its ruling, the circuit court relied on the minutes of the December 12 meeting and a transcript of the May 1 meeting. 3 The district court ruled that the circuit court had departed from the essential requirements of law by deciding an issue (i.e., estoppel) that had not been raised below and by relying on non - record evidence (i.e., the County had submitted to the circuit court the minutes — ............. ..... .._...._... ................ .... .... ... ... ...... _.. .......... ...... ............. ........__ .......... _ ............ ... ............................... ._____ ... ........ ..... ............. ...... _ .... . .......... .................... ........- ............ ...... .... Next Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fia. L. Weekly S463, 26 Fla. L. Weekly S389 of both the December 12 and May 1 land use meetings, and a transcript of the May I meeting). After thus deciding the certiorari issue, the district court went on to address the merits of the underlying plat controversy and determined that the Commission should have approved the plat as proposed. In conclusion, the district court did the following: (1) It granted certiorari; (2) it quashed the order of the circuit court; and (3) it remanded for entry of an order directing the County to approve the plat at ten units per acre. 4 See generally Park of Commerce Assocs. v. City of Delray Beach, 636 So.2d 12, 15 (Fla.1994) ( "Corn, not Boynton Beach, accurately states the law concerning appellate review of decisions of local governments on building permits, site plans, and other development orders. These local government decisions are quasi judicial in nature and thus subject to certiorari review by the courts. "); see also Board ofCounty Commis v. Snyder, 627 So.2d 469, 474 (Fla.1993) ( "Generally speaking, legislative action results in the.formulation of a general rule of policy, whereas judicial action results in the application of a general rule of policy. "). 5 See generally William H. Rogers & Lewis Rhea Baxter, Certiorari in Florida, 4 U. Fla. L.Rev. 477 (1951). 6 See, e.g., DeGroot v. She /fteld, 95 So.2d 912, 916 (Fla.1957) ( "The writ is available to obtain review in such situations when no other method of appeal is available. "); see also William A. Haddad, The Common Law Writ of Certiorari in Florida, 29 U. Fla. L.Rev. 207, 214 (1977) ( "Certiorari is a catch -all writ in the sense that it may be used to review orders and decisions not otherwise subject or review at that time. "). 7 See, e.g., Combs v. State, 436 So.2d 93, 96 (F1a.1983) ( "A district court may refuse to grant a petition for common -law certiorari even though there may have been a departure from the essential requirements of law. "). 8 See generally DeGroot; see also Haddad, supra note 6. 9 See, e.g., Haines City Community Dev. v. Heggs, 658 So.2d 523, 526 (Fla.1995) ( "[C]ertiorari should not be used to grant a second appeal. "); id. at 526 n. 4 ( "[I]f the role of certiorari was expanded to review the correctness of the circuit court's decision, it would amount to a second appeal. If an appellate court gives what amounts to a second appeal, by means of certiorari, it is not complying with the Constitution, but is taking unto itself the circuit courts' final appellate jurisdiction and depriving litigants of final judgments obtained there. "); Combs v. State, 436 So.2d 93, 96 (Fla.1983) ( "The district courts should use this discretion cautiously so as to avert the possibility of common -law certiorari being used as a vehicle to obtain a second appeal. "). 10 See William A. Haddad, "Writ of Certiorari in Florida," in The Florida Bar, Florida Appellate Practice, § 18.3 (3d ed.1993); .see also Phillip J. Padavano, Florida Appellate Practice, § 9.7 at 160 (2d ed.1997). See generally Allstate v. Boecher, 733 So.2d 993 (Fla.1999) (addressing certiorari review of discovery orders). 1 1 See Haddad, supra note 10. 12 See, e.g., Bd. of County Commis v. Snyder, 627 So.2d 469 (Fla.1993); see also Martin County v. Yusem, 690 So.2d 1288 (Fla.1997); see generally Hirt v. Polk County Bd. of County Commis, 578 So.2d 415 (Fla. 2d DCA 1991). 13 See cases cited supra note 12. 14 See Haddad, supra note 6 at 207. 15 Haines City Community Dev. v. Heggs, 658 So.2d at 530 ( "As a case travels up the judicial ladder, review should consistently become narrower, not broader. "). 16 See also Educ. Dev. Center v. City of West Palm Beach, 541 So.2d 106 (Fla.1989) (reaffirming Vaillant ). The Court later explained that the two second -tier requirements, i.e., "afforded procedural due process" and "applied the correct law," are simply another way of deciding whether the lower court "departed from the essential requirements of law." Haines City Community Dev., 658 So.2d at 530. 17 See Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (F1a.2000). 18 See, e.g., Snyder v. Douglas, 647 So.2d 275, 279 (Fla. 2d DCA 1994) ( "[O]n certiorari an appellate court can only deny the writ or quash the order under review. It has no authority to take any action resulting in the entry of a judgment or orders on the merits or to direct that any particular judgment or order be entered. "); ABG Real Estate Dev. Co. v. St. Johns County, 608 So.2d 59, 64 (Fla. 5th DCA 1992) ( "A court's certiorari review power does not extend to directing that any particular action be taken, but is limited to quashing the order reviewed. "); Nat'l Adver. Co. v. Broward County, 491 So.2d 1262, 1263 (Fla. 4th DCA 1986) ( "A court's certiorari review power does not extend to directing that any particular action be taken, but is limited to denying the writ of certiorari or quashing the order reviewed. "); Gulf Oil Realty Co. v. Windhover Ass n, Inc., 403 So.2d 476, 478 (Fla. 5th DCA 1981) ( "[A]fter review by certiorari, and appellate court can only quash the lower court order; it has no authority to direct the lower court to enter contrary orders. "). 19 See, e.g., Florida Power & Light; Educ. Dev. Center; see also Haddad, supra note 6, at 221 ( "An examination of common law certiorari cases in recent years reveals a trend toward restricting the scope of review so that the reality of the extent of review on certiorari is to a large degree commensurate with the rhetoric of limited review. "). 20 The circuit court reasoned as follows: (1) At the December 12 transmittal meeting, as a quid pro quo to the Commission for tentatively transmitting the amendment as proposed, G.B.V. promised not to seek flex units from the City; (2) at the May 1 land use meeting, as a quid pro quo to the Commission for considering a compromise density, G.B.V. again indicated that it would stay within the Neat >. ' J tL. Broward County v. G.B.U. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 amendment process and would not seek flex; and (3) G.B.V. then obtained flex units from the City to make up the extra four units per acre that the Commission had been unwilling to approve. 21 See cases cited supra note 4. 22 The district court stated that the circuit court relied on evidence and decided an issue (i.e., misrepresentation) that had not been presented to the Commission. This statement was incorrect. First, the records of the earlier Commission meetings were available to the Commission at all times -they were the Commission's own records. Second, the misrepresentation issue had been raised and discussed before the Commission. (When G.B.V, presented its application at the November 12 meeting, the commissioners asked G.B.V.'s counsel if he had promised earlier not to use flex and counsel replied that he had done so but only if the Commission approved a density of ten units per acre. The commissioners questioned the accuracy of this response but ultimately moved on to discuss other matters.) The district court thus reached the right result albeit for the wrong reason. Cf. Combs v. State, 436 So.2d 93, 96 (Fla. 1983) ( "Since the trial court reached the right result, albeit for the wrong reasons, the affirmance [was proper]. "). 23 See discussion and cases cited supra note 16. 24 The district court in the present case, as in Florida Power & Light Co. v. City of Dania, 761 So.2d 1089 (Fla.2000), may have felt obligated to address the merits of the plat application because the circuit court below consisted of a singlejudge who had made factual findings on first -tier certiorari review. Both the present case and Florida Power & Light arose in the Seventeenth Judicial Circuit where local court rules permit a single judge to sit as the circuit court when conducting first -tier certiorari review. In contrast, local court rules in other judicial circuits call for the circuit court to sit in multi judge panels in such cases. We have referred this matter to the Rules of Judicial Administration Committee of The Florida Bar for study. See id. at 1094. 25 The fact that the County staff recommended approval of the plat is not diapositive. On first -tier certiorari review, the circuit court's task is to review the record for evidence that supports the agency's decision, not that rebuts it -for the court cannot reweigh the evidence. See, e.g., Haines City Community Dev., 658 So.2d at 530; Educ. Dev. Center, 541 So.2d at 108. Thus, the staff recommendation is outside the scope of the inquiry at this point. 26 See, e.g., T.R. Hainline, Jr. & Steven Diebenow, Snyder House Rules? The New Deference in the Review of Quasi Judicial Decisions, Fla. B.J., Nov. 2000, at 53. 27 Had G.V.B. challenged the adoption of the land use amendment calling for a maximum six -unit density on the thirty acre parcel, the dictates of this Court's opinion in Yusem would have applied. 28 One hundred twenty units corresponds to the four units per acre differential between G.B.V.'s request of ten units and the County Commission authorization of six units multiplied by thirty acres. 29 In a memo contained in the record dated September 27, 1996, from Susan M. Trainer, Broward County Planning Council Administrator, to Elliot Auerhahn, Broward County Department of Strategic Planning and Growth Management Director, Trainer indicates that G.B.V.'s submitted perimeter plat was in compliance with the permitted uses and densities of the land use plan. 30 The circuit court noted that "an attack on a legislative action is not properly raised in a [certiorari] review proceeding, but should be made in an action for declaratory and injunctive relief" G.B.V. Intl, Ltd. v. County of Broward, No. 96 -17083 CACE(21), at 6 n. 3 (Fla. 17th Cir. Ct., order dated July 1, 1997). The circuit court's statement was correct. See Yusem, 690 So.2d at 1295 (challenges to legislative activities must be commenced as original actions and not by certiorari petitions). However, as this platting hearing was quasi-judicial and not legislative, the challenge to the County Commission's action was properly brought as a petition for certiorari. See Board of County Commis v. Snyder, 627 So.2d 469, 474-75 (Fla. 1993) (quasi-judicial land use proceeding properly reviewable by petition for certiorari). Thus, the circuit court's finding that the proceeding was legislative, not quasi-judicial, was error. 31 The majority refers the following question: "Whether the Court should implement a rule requiring written final decisions with detailed findings of fact in local land use actions that are subject to review in the courts." However, I would narrow the scope of the question and request study of whether a written statement should be required when local governments make zoning decisions and, if written statements are not made in all such zonings, what zoning issues or hearings, if any, should require written findings. 32 This fact also is support for the need for a three judge panel when a circuit court sits in its appellate capacity in review of a zoning decision. See Florida Power & Light v. City of Dania, 761 So.2d 1089, 1094 n. 10 (F1a.2000) (citing Martin County v. City of Stuart, 736 So.2d 1264 (Fla. 4th DCA 1999) (utilizing a three judge panel); Dusseau v. Metropolitan Dade County, 26 Fla. L. Weekly S329, 794 So.2d 1270, 2001 WL 521311 (Fla. May 17, 2001) (utilizing a three judge panel); State v. Shaw, 643 So.2d 1163 n. 1 (Fla. 4th DCA 1994) (utilizing a four judge panel); Walberg v. Metropolitan Dade County, No. 97 -006AP (Fla. 11th Cir.Ct.App.Div. Mar. 4, 1999) (utilizing a three judge panel)). 33 Pelham also claims that our decision in Snyder not to require findings of fact actually serves to disguise arbitrary actions by local government. [B]y relieving local governments of this fact finding responsibility, the Florida Supreme Court missed an opportunity to emphasize the importance of complying with the consistency requirement, made it much easier for local officials to disguise arbitrary decisions, and made more difficult effective judicial review of local rezoning decisions. v srhl xt' '.;J l iz Thornson Reute s. No clai €ri to original E.Q.S. Governmeni, %Aj- .)rks. A`a Broward County v. G.B.V. Intern., Ltd., 787 So.2d 838 (2001) 26 Fla. L. Weekly S463, 26 Fla. L. Weekly S389 Id. at 288. On the other hand, another commentator asserts an opposite effect -that our decisions will undermine the purpose of the Growth Management Act: Without the deference afforded to legislative actions, the circuit courts are unlikely to find that the government's decision was supported by substantial, competent evidence, and therefore is not arbitrary, discriminatory or unreasonable. Whether there was substantial, competent evidence to support the government's decision will be decided on a case -by -case basis by the circuit courts, and a circuit court's decision on this point is not subject to review on appeal. Therefore, the combined effect of the Snyder. Parker, and Puma rulings is to undermine the Growth Management Act by stripping local government of most of its legislative land use decision making power and placing that power directly in the hands of the circuit courts. Mary Dawson, The Best Laid Plans: The Rise and Fall of Growth Management in Florida, 1 I J. Land Use & Envtl. L. 325, 350 (1996) (footnotes omitted). 34 It also is important for the local governmental entity to make clear when it claims to be sitting in its quasi-judicial capacity. The determination as to the nature of the proceeding affects the litigant's rights (e.g., due process implicated in quasi-judicial proceeding), the role of the county attorney, the type of appellate proceeding, and the extent of the review process. Further, if a claim is made before the circuit court that the proceeding is legislative, the circuit court should make a preliminary determination as to the nature of the proceedings before reviewing the claim on the merits. This is important both in defining the scope of review and to the ability of the party to present evidence de novo before the circuit court. End of Document (P 2012 Thomson Reuters. No claim to original U.S. Government Works. N£'.x .. %21)1 Thc)rn,fi.,o't R(:uter;& N 7 Clai =i? fc) ori<;nal U.S. GGverr1;^ eni Works. II , MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: March 14, 2012 SUBJECT: AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 WAIVER REQUESTS /22 N.E. 5TH STREET ITEM BEFORE COMMISSION The action requested of the City Commission is approval of two waiver requests associated with the installation of two fences on the property located at 22 NE 5th Street, Del -Ida Park Historic District. The first waiver is to LDR Section 4.5.1(E)(3)(a) l .c. to permit a fence measuring 6' in height to be installed along the side property line to within 15' of the front property line. A maximum height of 4' is permitted within the front setback (30' back from the front property line). The second waiver is to LDR Section 4.6.14(B) to reduce the sight visibility triangle at the intersection of the driveway with the right of way to 6'x6' on the east side and 10'x8' on the west side, whereas a 10'x10' sight visibility triangle is required. BACKGROUND At its meeting of March 7, 2012, the Historic Preservation Board (HPB) approved with conditions a Certificate of Appropriateness (COA) for site improvements on the property located at 22 NE 5th Street, Del -Ida Park Historic District. The site improvements included the installation of a 6' wood fence along the east property line (side of property), a 4' decorative picket fence along the front (north) property line and adjacent to the driveway along the west property line (side of property), and new landscaping in the front yard. WAIVER ANALYSIS Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.5.1(E)(3)(a)1.c.,Buildings, Structures, Appurtenances and Parking; Fences and Walls,Fences and walls over four feet (4 ) shall not be allowed in front or side street setbacks.The proposed fence along the east property line measures 6' in height, and encroaches into the 30' front setback to within 15' from the front property line. The intent of the height limitation in front yards and front setbacks is to maintain an open streetscape aesthetic within the historic districts, and the proposed 6' fence encroaches to within 15' of the front property line. The applicant's justification for the encroachment is that the smaller lots sizes along the street and the close proximity of neighboring driveways impacts the privacy of adjacent living space and outdoor areas. Therefore, this 6' fence along the east side yard is to screen and mitigate these impacts. In consideration of the waiver criteria above, the request may be supported in that it is limited to the side yard, as opposed to a continuous wall along the front of the property which would screen the historic structure from the right of way and negatively impact the streetscape. The granting of this waiver would not adversely affect the neighboring area, or result in a special privilege as similar requests could be supported under similar circumstances. Therefore, positive findings can be made to permit a 6' wood fence to within 15' of the front property line. Pursuant to LDR Section 4.6.14(B), Sight Visibility Triangle Measurement,is the area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right -of -way and the third side being a line connecting the ends of the other two lines. The proposed sight visibility triangles are proposed at measurements of 6'x6' to the east of the driveway and 8'x10' to the west of the driveway, due to the installation of a 4' picket fence. In consideration of the waiver criteria above, the request may be supported in that the location of 4' high fences within the sight visibility triangle will not adversely affect the neighboring area or create an unsafe situation as this is a single - family neighborhood with a lower traffic volume and lower vehicular speeds than the immediate downtown area. The sight visibility triangle reductions are proposed at 6'x6' east of the driveway and 10'x8' to the west of the driveway. The relief requested is minimal and will not result in a special privilege as it would also be supported for similar circumstances, as evidenced in previous requests on historic properties. Therefore, positive findings can be made to reduce the sight visibility triangles at each side of the driveway. RECOMMENDATION Waiver: LDR Section 4.5.1(E)(3)(a)1.c.,Fences and Walls Recommend approval to permit a fence measuring 6' in height to within 15' of the front property line, whereas within 30' of the front property line a maximum height of 4' is permitted, based upon positive findings with respect to LDR Section 2.4.7(B)(5). Waiver: LDR Section 4.6.14(B), Sight Visibility Triangle Measurements Recommend approval to reduce the sight visibility triangle at the intersection of the driveway with the right of way to 6'x6' on the east side and 10'x8' on the west side, whereas a 10'x10' sight visibility triangle is required, based upon positive findings with respect to LDR Section 2.4.7(B)(5). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUESTS FOR 22 NE 5th STREET 1. This waiver request came before the City Commission on March 20, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver requests for 22 NE 5th Street. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVERS: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.5.1(E)(3)(a)1.c., Fences and Walls: Pursuant to LDR Section 4.5.1(E)(3)(a)1.c., fences and walls over four feet (4') shall not be allowed in front or side street setbacks. Should the waiver to allow a six foot (6') high fence to encroach into the thirty foot (30') front setback to within fifteen feet (15') from the front property line be granted? Yes No B. Waiver to LDR Section 4.6.14(B), Sight Visibility Triangle: Pursuant to LDR Section 4.6.14(B), Sight Visibility Triangle Measurement is the area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten feet (10') along the driveway, a length of ten feet (10') along the street or alley right -of -way and the third side being a line connecting the ends of the other two lines. 1 Should the waiver to reduce the sight visibility triangle measurement from ten feet by ten feet (10'x10') to six feet by six feet (6'x6') to the east of the driveway and eight feet by ten feet (8'x10') to the west of the driveway be granted? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver requests. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 20th day of March, 2012, by a vote of in favor and opposed. ATTEST: Nelson S. McDuff ie, Mayor Chevelle Nubin, City Clerk 0 I,I�I40 Fr s� °r n..'} lw_ j jai ' `fit. ii.rla r !7 77 gem", "L - ril/Ynr�kr�sunm 4�7 ,J& i ff .. y.:� ILA.. Fes. 'L�!•' �.L d Y _ ti s Y :RA 7 LEGAL DESCRIPTION: LOT BLOCK 6, DEL IDA PARK, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT THEREOF, RECORDED IN PLAT BOOK 9, PAGE 52 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA N - F-- 5 t h Gi T R 1 7 LLi ......... ... el x F!'p i RID 0 PC IRON ROZ?'�g W6 50.1- A' L,D"" a rK 4 >(4- MoNullggr po P, r- R L 0 7- /-9 8.1-0 C K 6 EYiSTl!,,lG FENCE -vv o 3 C.) C) 6'H, BOARS ON' BOAR.0 FFR,e-F- 're. ADMOIN 5 X f 51 7-1 N G F* F--, h I C k� o A rn a po ST 4f' If I T Y I RANG El. 7 W-'NSb!P 1 5 F- C- JsU8 D V,5N 18 L K L-0 T a 43 4-6 1 09 1 2-9 1006 cigo th N, E - `rRE15 T' W---. . . ..... .. F C' E PR o i-c, H.)(6'W, GArt 3 8CARD0 BOARD 4 >(4- MoNullggr po P, r- R L 0 7- /-9 8.1-0 C K 6 EYiSTl!,,lG FENCE -vv o 3 C.) C) 6'H, BOARS ON' BOAR.0 FFR,e-F- 're. ADMOIN 5 X f 51 7-1 N G F* F--, h I C k� o A rn a po ST 4f' If I T Y I RANG El. 7 W-'NSb!P 1 5 F- C- JsU8 D V,5N 18 L K L-0 T a 43 4-6 1 09 1 2-9 1006 cigo th N, E - `rRE15 T' W---. . . ..... .. �1 W � i o�� �q -- . `4 4 >(4- MoNullggr po P, r- R L 0 7- /-9 8.1-0 C K 6 EYiSTl!,,lG FENCE -vv o 3 C.) C) 6'H, BOARS ON' BOAR.0 FFR,e-F- 're. ADMOIN 5 X f 51 7-1 N G F* F--, h I C k� o A rn a po ST 4f' If I T Y I RANG El. 7 W-'NSb!P 1 5 F- C- JsU8 D V,5N 18 L K L-0 T a 43 4-6 1 09 1 2-9 1006 cigo th N, E - `rRE15 T' W---. . . ..... .. .E3 ttfbw A IPPROXI 40'L,r. 5- 1 -iol ('111< (li G E cT I n NjS -4- I N c) FIE IN! C-) FjEN C F— F1 r ............... k.TYF,) I it AFPROX. 48;L.F 2-2 NI'-.5th. ST 9- 1, DELRAY FLORIDA 0 N" I L L. R E S, I D F--...N C E liT08:+ ADD IT) ONAL v\/ocDE-N FF—N,-E -t,',RAV\/N BY: DATE go SCALE: F" J'0-BjF-Rj AREL 1 2.0 20:11 V"'l 169 17 IFa /A 14 VA RRRR .6 6 7 8 9 l," J2 .E3 ttfbw A IPPROXI 40'L,r. 5- 1 -iol ('111< (li G E cT I n NjS -4- I N c) FIE IN! C-) FjEN C F— F1 r ............... k.TYF,) I it AFPROX. 48;L.F 2-2 NI'-.5th. ST 9- 1, DELRAY FLORIDA 0 N" I L L. R E S, I D F--...N C E liT08:+ ADD IT) ONAL v\/ocDE-N FF—N,-E -t,',RAV\/N BY: DATE go SCALE: F" J'0-BjF-Rj AREL 1 2.0 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 16, 2012 SUBJECT: AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 RESOLUTION NO. 18 -12 /CHARTER REVISION COMMITTEE ITEM BEFORE COMMISSION The item before Commission is consideration of Resolution No. 18 -12 establishing a Charter Revision Committee. BACKGROUND The City Commission discussed creating a a charter review committee at the March 15 Special /Workshop Meeting. The consensus of the Commission was to create an eleven (11) member committee with each Commissioner appointing two (2) members and the Mayor appointing two (2) members plus a third member to serve as the Chair of the Committee. Resolution No. 18 -12 provides for creation of the eleven (11) member Charter Revision Committee to study the City Charter and make recommendations to the Commission. The Committee will disband upon completion of their duties or by September 1, 2012 unless extended by the Commission. If the Resolution is approved, each member of the Commission is requested to nominate up to five individuals for appointment to the Committee, and submit their list of nominees to the City Clerk. The list of those nominated will be presented to the Commission at a City Commission meeting in April. Each Commissioner can then make their appointments from this list. RECOMMENDATION Commission discretion. RESOLUTION NO. 18 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING A CHARTER REVISION COMMITTEE FOR THE SOLE PURPOSE OF REVIEWING THE CITY'S CHARTER AND FORMULATING RECOMMENDATIONS TO THE CITY COMMISSION. WHEREAS, on May 1, 2001 the City Commission adopted Resolution No. 37 -01 for the purpose of reviewing the City's Charter and formulating recommendations to the City Commission; and WHEREAS, it has been 10 years since any review has been made of the City Charter, therefore, the City Commission is desirous of having the entire City Charter reviewed and recommendations made to the City Commission; and WHEREAS, the City Commission of the City of Delray Beach, Florida, is desirous of receiving input and comments from a broad cross - section of the community with respect to a review of the City Chatter. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That there is hereby established a Charter Revision Committee, which shall study the entire City Charter and make recommendations to the City Commission. Section 2. That the Charter Revision Committee shall consist of eleven (11) individuals from the community at large, with each member of the City Commission appointing two (2) members to the committee and the Mayor appointing a Chairperson. Section 3. That the sole purpose of said Charter Revision Committee shall be to review the entire City Charter and make recommendations to the City Commission. Section 4. That the Charter Revision Committee shall immediately pursue its assigned task with a target of accomplishing said task by September 1, 2012. Section 5. That the Charter Revision Committee shall disband upon the discharge of its assigned task or by September 1, 2012, unless otherwise extended by action of the City Commission. PASSED AND ADOPTED in regular session on this the 20th day of March, 2012. MAYOR ATTEST: City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 APPOINTMENTS TO THE AFFORDABLE HOUSING ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Affordable Housing Advisory Committee. BACKGROUND On April 1, 2008, the Delray Beach City Commission adopted Resolution No. 12 -08 establishing the Affordable Housing Advisory Committee as required by state law for the purpose of recommending incentives for affordable housing to the City Commission. On January 17, 2012, Resolution No. 05 -12 was adopted to allow the appointment of citizens engaged in the activity without regard to affordable housing if the City, whether due to its small size, the presence of a conflict of interest by prospective appointees, or other reasonable factor, is unable to appoint a citizen actively engaged in these activities in connection with affordable housing. The terms for members on the Affordable Housing Advisory Committee have expired. Regular members Perry Rohan, Evelyn Dobson, Alberta McCarthy, and Carmelita Smith have served one (1) full term and would like to be considered for reappointment. Other members who do not wish to be reappointed or are no longer eligible for appointment are Mr. Gerald Crocilla who has retired, Ms. Connie Staundinger and Mr. Alan Weitz who no longer reside in Delray Beach, Ms. Sandra Weatherspoon who was appointed to the Kids and Cops Committee, Mr. Charles Halberg who does not wish to be reappointed and Ms. Dorothy Ellington who has served two (2) consecutive terms. Appointments are needed for nine (9) regular members. There will be two (2) vacancies because there are no other applicants at this time. Because members have not been appointed or re- appointed to this Committee for several years, all seats are being treated as unexpired terms. The Affordable Housing Advisory Committee shall consist of eleven (11) members that meet the following criteria: (a) One citizen who is actively engaged in the residential home building industry in connection with affordable housing. (b) One citizen who is actively engaged in the banking or mortgage banking industry in connection with affordable housing. (c) One citizen who is a representative of those areas of labor actively engaged in home building in connection with affordable housing. (d) One citizen who is actively engaged as an advocate for low- income persons in connection with affordable housing. (e) One citizen who is actively engaged as a for - profit provider of affordable housing. (f) One citizen who is actively engaged as a not - for - profit provider of affordable housing. (g) One citizen who is actively engaged as a real estate professional in connection with affordable housing. (h) One citizen who actively serves on the local planning agency pursuant to Section 163.3174 (i) One citizen who resides within the jurisdiction of the local governing body making the appointments. 0) One citizen who represents employers within the jurisdiction. (k) One citizen who represents essential services personnel, as defined in the local housing assistance plan. The following individuals have submitted an application and would like to be considered for appointment: (See Exhibit "A" attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Mr. Mike Williams is registered to vote in Broward County. Based on the rotation system, the appointments will be made as follows: Term Expiration Date Commissioner/Mayor to appoint Category July 31, 2013 (unexpired term) July 31, 2013 (unexpired term) July 31, 2013 (unexpired term) July 31, 2013 (unexpired term) July 31, 2012 (unexpired term) July 31, 2012 (unexpired term) Commissioner Alperin (Seat #2) B Commissioner Frankel (Seat #3) C Commissioner Gray (Seat #4) D Mayor McDuffie (Seat #5) E Commissioner Carney (Seat #1) F Commissioner Alperin (Seat #2) G July 31, 2012 (unexpired term) Commissioner Frankel (Seat #3) H July 31, 2012 (unexpired term) July 31, 2012 (unexpired term) Commissioner Gray (Seat #4) Mayor McDuffie (Seat #5) K RECOMMENDATION Recommend appointment of nine (9) regular members to serve on the Affordable Housing Advisory Committee for terms ending on July 31, 2012 and July 31, 2013. 03/12 AFFORDABLE HOUSING ADVISORY COMMITTEE TERM EXPIRES REGULAR MEMBERS OCCUPATION CATEGORY FILLING 07/31/2013 Vacant Residential home building 07/31/2013 Vacant Advocate for low - income persons 07/31/2013 Vacant Banking or Mort a e Banking 07/31/2012 Vacant Serves on local lannin agency 07/31/2012 Vacant Represents essential services personnel 07/31/2013 Vacant Areas of labor actively engaged in home building 07/31/2012 Vacant Real Estate Professional 07/31/2012 Vacant Citizen who resides within the urisdiction 07/31/2012 Vacant Represents employers within the jurisdiction 07/31/2012 Vacant Engaged as a not - for- profit provider of affordable housing 07/31/2013 Vacant For- profit provider of affordable Housin Contact: Nigel Roberts 243 -7282 S /City Clerk /Board 12 /Affordable Housing Advisory Committee AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A ❑ F-MFFrRT❑ ❑❑ FMFFMn7MM7 ED 11 [1] 1111 Vacant F] F] [I[] ❑❑ ❑�❑� ❑ m ❑ [El 1111 ❑ ❑] ❑ ® ®❑ =❑ID ❑ l ❑ ® 1111 F1 FM ❑ (Incumbent) ❑ FIEF] ❑❑ ❑ ❑ (Incumbent) ❑ ❑ ❑® ❑❑] ❑❑ ❑ (Incumbent) ❑ ❑ ❑ ® ❑❑ ❑ FMTTTM ETI incumbent) ❑ ❑� AFFORDABLE HOUSING ADVISORY COMMITTEE EXHIBIT A MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL ITEM BEFORE COMMISSION This item is before the City Commision for an appointment to the Neighborhood Advisory Council. BACKGROUND There is a vacancy on the Neighborhood Advisory Council for a regular member from Zone 2. An appointment is needed for one (1) regular member to serve an unexpired term ending July 31, 2014. The Neighborhood Advisory Council was established for the purpose of maintaining broad -based community involvement with the residents, creating neighborhood outreach initiatives, enhancing communication, improving the aesthetics of the neighborhoods and identifying any potential threats to the stability of the neighborhoods. The Council consists of fifteen (15) regular and two (2) student members. Twelve (12) members are residents with two (2) selected from each of the six neighborhood zones, and three (3) at large representatives, who may be selected from a community civic organization or business owner located within a neighborhood zone interested in the enhancement of its surrounding neighborhoods. A map of the appointment zones is included for your review. The following individual has submitted an application for consideration: Colson Zulmar Zone 2 (also applying for the Affordable Housing Advisory Committee) Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) regular member from Zone 2 to serve an unexpired term ending July 31, 2014. RECOMMENDATION Recommend an appointment of one (1) regular member to serve on the Neighborhood Advisory Council for an unexpired term ending July 31, 2014. 09/11 NEIGHBORHOOD ADVISORY COUNCIL TERM EXPIRES DISTRICT NAME & ADDRESS 07/31/13 Zone 1 Susan Sims Unexp Appt 11/16/10 07/31/14 Zone 2 Stephen Lampel Appt 09/06/11 07/31/13 Zone 3 Linda Laurence Leib Unexp Appt 10/17/06 Reappt10 /16/07 Reappt 10/19/10 07/31/13 Zone 4 Suzanne Donohue Appt 10/19/10 07/31/14 Zone 5 Gail -Lee McDermott Unexp 03/03/08 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 6 Linda Prior Unexp Appt 02/20/07 Reappt10 /07/08 Reappt 07/19/11 07/31/14 Zone 1 Theresa DiPerna Appt 08/02/11 07/31/14 Zone 2 Unexp Appt Vacant 07/31/12 Zone 3 Sbirl Fields Appt 10/17/06 Reappt10 /06/09 07/31/12 Zone 4 Isabel Make Unexp Appt 10/20/09 07/31/12 Zone 5 David Stein Unexp Appt 08/02/11 07/31/12 Zone 6 Joseph Kamarata, Chair Appt 10/17/06 Reappt10 /06/09 07/31/14 At Large William Milner, 2nd Vice Chair Uenxp Appt 02/03/09 Representative Reappt07 /19/11 07/31/14 At Large Lee Cohen Appt 08/02/11 Representative 07/31/12 At Large Margherita Downey Appt 10/06/09 Representative 07/31/12 Andrea Poveda Unexp Appt 04/21 / 11 Reappt07 /19/11 Student 07/31/12 Student Vacant Board 12/Neighborhood Advisory Council CITY OF DELRAY BEACH, FLORIDA Neighborhood Advisory Council - Appointment Zones - an eaeovrr w w ae A - AREA MC#J8F-R ... I QIYOF DaPAYSEACK FL PLAAWWG 6 h7WNG DfPARTwwr WR(42" - ONE W!E _ -DKX7K 6kW LLIP SYSJBU-' CRAPf(!C SCAL£ w w MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 7, 2012 SUBJECT: AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 APPOINTMENT TO THE PUBLIC ART ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Public Art Advisory Board. BACKGROUND Ms. Ora Sorensen, regular member on the Public Art Advisory Board, submitted her resignation effective immediately. An appointment is needed for one regular member to serve an unexpired term ending July 31, 2013. On February 1, 2005, the Delray Beach City Commission adopted Ordinance No. 77 -04 establishing the Public Art Advisory Board for the purpose of advising and making recommendations to the City Commission with respect to public art policy and related issues including, but not limited to, the selection, construction and placement of public art in /on City right -of -way and City owned property. The Public Art Advisory Board shall consist of seven (7) members. Three (3) seats on the Board must be filled with either an artist, architect, landscape architect or engineer. Laypersons of knowledge, experience and judgment who have an interest in public art shall make up the balance of the Board. The following individuals have submitted applications and would like to be considered for appointment: (See Exhibit A attached) A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and all are registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Public Art Advisory Board for an unexpired term ending July 31, 2013. PUBLIC ART ADVISORY BOARD 01/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/13 unexp Appt Vacant 07/31/12 Dana Donaty, Chair Artist Appt07 /15/08 Reappt07 /20/10 07/31/13 Jonathan Jonas Project Manager Appt08 /02/11 07/31/12 Sandi Franciosa Appt 07/20/10 Administrative Asst/Retired 07/31/12 Michiko Kurisu Artist/Photographer Appt07 /15/08 Reappt07 /20/10 07/31/12 Richard McGloin, Vice Chair Electrical Engineer Appt07 /15/08 Reappt07 /20/10 07/31/13 Mary Mnieka Administration Appt07/21/09 Reappt07 /05/11 Contact: Alberta Gaum X7136 S /City Clerk /Board 11 /Public Art Advisory Board PUBLIC ART ADVISORY BOARD EXHIBIT A Applicants interested in serving as lay persons: Applicant Occupation Daniel Bellante Business Owner Alexia Rouquette Real Estate /Marketing /Public Relations Kera Trowbridge Interviewer- Panelist MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 13, 2012 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 APPOINTMENT TO THE FINANCIAL REVIEW BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Financial Review Board. BACKGROUND There are vacancies on the Financial Review Board for two (2) regular members due to the resignations of Mr. Anthony Cottone and Mr. David Stein. There is a prior vacancy for an alternate member. The terms are unexpired ending July 31, 2012 and July 31, 2013. There is only one (1) applicant at this time. Appointment is needed for one (1) regular member. On October 6, 2009, the Delray Beach City Commission adopted Resolution No. 55 -09 establishing the Budget Review Committee to review the City's budget, systems and procedures, technology improvements, or related materials and concepts and make recommendations regarding revenues, salaries and benefits, operating expenses, debt service expenses, capital outlay, grants to other entities and transfers to other funds or any other items that may favorably impact the City's budget and overall financial condition. The Commission later adopted Resolution No. 58 -09 which renamed the committee as the Financial Review Board with the expanded responsibilities of analysis of revenues and expenses and business practices and processes. Resolution No. 05 -11 provided further amendments to clarify that the Board's duties shall fall under the direction of the City Manager or the City Commission and to restrict the membership of the Board. The Financial Review Board shall consist of nine (9) members. Five (5) seats on the Board must be filled with a certified public accountant, accounting professional, finance professional, certified financial planner, investment advisor, insurance professional (property/casualty or health), business owner /manager /officer and someone with an MBA or MPA degree. The remaining four (4) members may be at large. The following individual has submitted an application and would like to be considered for appointment: Name Occupation Brian Anderson Director of Communications A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was completed and he is registered. Based on the rotation system, the appointment will be made by Commissioner Carney (Seat #1) for one (1) regular member to serve an unexpired term ending July 31, 2012. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Financial Review Board for an unexpired term ending July 31, 2012. FINANCIAL REVIEW BOARD 01/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 07/31/12 Unexp Appt Vacant 07/31/12 Unexp Appt Vacant 07/31/13 John Hallahan Assistant Director of Unexp Appt 04/05/11 Operations /Retired Reappt06 /21/11 MBA 07/31/12 Brian Wood Unexp Appt 01/17/12 Director /Senior Manager- inance 07/31/13 Christina Morrison, Chair Realtor Appt 11/03/09 Reappt6 /21/11 07/31/13 Jeff Ritter Management Unexp Appt 04/05/11 Consulting Professor Reappt06 /21/11 MBA 07/31/12 Luise Piane Executive Appt 07/20/10 Management ALTERNATES 07/31/13 Warren Trilling Business Unexp Appt 01/03/12 Development Manager CPA 07/31/13 Unexp Appt Vacant Contact: Barbara Flynn X -7115 S /City Clerk /Board 12 /Financial Review Board MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 7, 2012 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 ORDINANCE NO. 05 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearingto consider a privately- initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to specify a maximum FAR of 0.46 for a 9.95 acre property located on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. BACKGROUND At the first reading on March 6, 2012, the Commission passed Ordinance No. 05 -12. However, a point was raised during the Commission's discussion about the importance of the applicant speaking directly with the neighbors. A meeting was held on Thursday, March 15 between the developer, his design team and several representative of the Tropic Isles Association Board. The meeting highlighted the developer vision for the redevelopment of the property as well as the resident's concerns with redevelopment. City staff was also present and they discussed current requirements for compatibility and buffering of adjacent properties and the city development process where these issues are most appropriately addressed. RECOMMENDATION Recommend approval of Ordinance No. 05 -12 on second and final reading. ORDINANCE NO. 05 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA ADOPTING A SMALL -SCALE COMPREHENSIVE PLAN AMENDMENT, PURSUANT TO THE PROVISIONS OF THE "COMMUNITY PLANNING ACT ", FLORIDA STATUTES SECTION 163.3187, INCLUDING A SMALL -SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO GC (GENERAL COMMERCIAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF LINTON BOULEVARD AND SOUTH FEDERAL HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE GC (GENERAL COMMERCIAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED POC (PLANNED OFFICE CENTER) TO PC (PLANNED COMMERCIAL) DISTRICT; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JANUARY 2012'; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act "; and WHEREAS, via Ordinance No. 82 -89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida "; and WHEREAS, Delray Place LLC, is the fee simple owner of a 9.95 acre of land located at the southeast corner of Linton Boulevard and South Federal Highway; and WHEREAS, the subject property hereinafter described has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the owner of the property requested to change the Future Land Use Map designation from TRN (Transitional) to GC (General Commercial); and WHEREAS, Delray Place LLC, has requested an amendment to the description of the General Commercial designation within the Future Land Use Element pertaining to said property located at the southeast corner of Linton Boulevard and South Federal Highway; and WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated January 2012, as being zoned POC (Planned Office Center) District; and WHEREAS, at its meeting of February 27, 2012, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 5 to 0 to recommend that the request be denied, based upon a failure to make positive findings; and WHEREAS, pursuant to Florida Statutes 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are not consistent with and do not further the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Future Land Use Map designation of the subject property is hereby officially affixed as GC (General Commercial). Section 3. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3248, inclusive, known as the "Community Planning Act." Section 4. That the Future Land Use Element of the Comprehensive Plan, City of Delray Beach, Florida, be and the same is hereby amended, by amending the description of the General Commercial Land Use designation to read as follows: 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, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 2 ORD NO. 05 -12 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Delray Place Overlay District - Nonresidential development is limited to an FAR of 0.46. Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use 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 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 and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. Section 5. 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 PC (Planned Commercial) District for the following described property: Parcel A All of Old Harbor Office and Bank Facility, according to the Plat thereof, as recorded in Plat Book 42, Page 61, Public Records of Palm Beach County, Florida. (Less and Except therefrom that parcel of land described as Parcel 103 in that Order of Taking on Palm Beach County Petition filed in Palm Beach County Circuit Court under Case N0. CL99 -229AN and recorded March 30, 1999 in Official Records Book 11016, Page 226, being more particularly described as follows: A parcel of land lying in Section 28, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: That portion of the Plat of Old Harbor Office and Bank Facility, according to the Plat thereof, as recorded in Plat Book 42, Page 61, of the Public Records of Palm Beach County, Florida, being more particularly described as follows: Beginning at the Northwest corner of said Plat; thence North 89° 47' 57" East, along the Northerly boundary line of said Plat, a distance of 25.00 feet; thence South 57° 26' 45" West, a distance of 42.24 feet to a point on the Westerly boundary line of said Plat and on the arc of a circular curve to the right, where the radial line bears South 65° 17' 42" East; thence Northeasterly along said Westerly boundary line and the arc of said curve, having a radius of 3 ORD NO. 05 -12 1850.08 feet and a central angle of 00° 47' 27 ", a distance of 25.00 feet to the point of beginning). Together with Parcel B All of Old Harbor Office and Bank Facility II, according to the Plat thereof, as recorded in Plat Book 42, Page 62, Public Records of Palm Beach County, Florida. Section 6. 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 5 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. 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 9. That this ordinance shall become effective as follows: thirty -one (31) days after adoption, unless the Comprehensive Plan amendment is timely challenged. If timely challenged, the effective date of this Ordinance shall be the date a final order is issued by the State Land Planning or the Administration Commission, finding the adopted amendment to be in compliance. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the state land planning agency. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST City Clerk First Reading Second Reading - MAYOR 4 ORD NO. 05 -12 Good Evening Ladies and Gentlemen_ My name is Richard Van Gemert and I live at 912 Eve Street. When our community was developed many years ago, your predecessors set the zoning for our community. They had the wisdom to realize that adjoining properties with different zoning could be a problem. The wise use of zoning provided buffers between business and residential neighborhoods. With this insight they saw fit to put in place zoning which they knew would protect the adjoining properties from the intrusion of one, upon the other. With this knowledge they chose to put in place a zoning for the property in question, as Planned Office Center." This classification was chosen to provide a buffer zone between our purely residential neighborhood and that of the General Commercial area farther away. The POC zoning worked well through the years by minimizing noise, dirt, pests, and disturbance. My property lies less than 100 feet from the property in question and directly across the street. The property in question is currently used as offices, banks, and businesses of a like nature. They provide the minimum amount of disturbance or irritation to their neighbors, which is all single family homes. A change of that property to GC zoning could provide for any number of businesses including, but not limited to, stores, restaurants, bars, nightclubs, big box stores, and all sorts of businesses, including some that would be very detrimental to us, its neighbors. Our ancestors protected our neighborhood by making the zoning of that property as POC to protect its residential neighbors from the intrusions and abuses which could come with a more lenient GC zoning. All of us suffered as a result of the economic downturn which has befallen our nation. Many of us have lost half or more of the value of our properties. The same is true of commercial properties. Commercial property owners cry the blues that they suffer economic hardship and have to get their way to survive. Well there are no guarantees in this world and that is the real world. Professing that the owner has to have a rezoning change because of hardship is just not a valid argument. When you cannot rent your property at the going rate, you have to lower the price. That's the law of supply and demand. If the owner of this property cannot make it then he must sell to someone who can. Everyone whether they be business or not, ..... faces that reality. I have no objections to this developer making a lot of money the fastest way he can and for sure he stands to probably make millions by simply getting this property rezoned. We in America hold one of our dearest dreams to be that of home ownership, in a nice neighborhood, with good neighbors. My dream was realized when I moved into 912 Eve Street. I wanted only to live out my years enjoying my dream. When a person lives in a single family neighborhood they feel comfortable that no one will open up a hotdog stand in the house next door. That is why we have zoning laws, ...... to protect us from that sort of intrusion. Yet that is what we are expected to accept if this property is rezoned. For many of us much of our savings are locked up in our homes. I want this developer to realize the American dream too, but not at the expense of crushing my dream and that of my neighbors. In closing, you have the power and authority as a commissioner to do good or bad for your community. To change this zoning would be very detrimental to our neighborhood. I therefore ask that you do the right thing for us, your fellow neighbors by voting NO to any change to this zoning. Thank you. ,-� \ �) - V,\ - --AZAZD � -,�, ,�� " -c- S�� W��, �,� \C) - Y�s — I E'CA I z ml N N N M N N N N co co � V l!1 V LL r N M M V M It LO d- (6 m a 0 0 0 0 0 0 0 0 0 0 0 91? N_ O N (6 W °I >- >- r r r >- >- >- >- Z a M O Q) M CO M N N h 00 r �/ _ co 00 1 m Ca O) O) O O7 d O) 07 d 6) d N 0) �1 } d Z U) J (n (q J J J 6) Q) 0 Q) Q) Q) Q) y 4) 0 0 d U U U U d U U U CL U U U {L d O O O O O O O b b O Q) 65 L a 1 d� -o T °_ z z ._ � N M a cc y U C, U m CL `0 `" m -� . CL v i 00 0 m° (D a co M M O r - M In N o CO O V O N 00 O � r h 00 LO 0) M r co Q CD m N N M M O) M 0) 03 W O O) W Cl 40? O � O O O O O O Ln d d o d o 0 0 0 D. � to o ui o to LO o 0 N v O� LO m w 0 ° (r) co r r a_ r m o n o o o o a o 0 o a o 0 U o o O O m W co O O O d O o O O 'i V O m u7 O) O O O O d O O O O d 0 O V m V (n m to O In D1 m CD ((j J i+ h 'V 07 01) N W V CD co r� 00 m C)) m o V (() to to (D h 00 O) v v (D (D O C ' J -W -0 N N" f (u 0 W n 0 M 0 co 0 m 0 m 0 M 0 co 0 M 0 M 0 co 0 co 0 M 0 M 0 co Q E NV' v v Ntr N v v v N v "NV dN' d 00 N N N O N N N N Z Z J J Z ry u� (n, m cn w a ui a to cn a a cn � u. m w r p M r h N LO LO N N d N N W CO N (C) _ L' 00 N (f) V M m Cr) N CR M Cn 'C r i+ N O CD dt t N r r o N N N N N N N N N N fy m C N O N (sJ cl J ikl r (N (') l4t (f7 (D h 00 0) r r r r r N_ O N (6 W t Property Address 8-77 S 1.5 miles _ :3?U1?hd�c���oZL'�rNUraticn 1J201DUA11r =0 f) AVID Property Type Property Sub -type Total Space Rental Rate Space Count 210 NE 6 Ave # 105 Retail Street Retail 800 SF $241SFIYr 1 3205 S. Federal Hwy Retail Strip Center 3,000 SF $181SFIYr 1 202 SE 5th Ave Office Office Building 2,067 SF $201SFIYr 1 151 - 155 NE 4 Ave Retail Street Retail 3,000 SF $26.40 - 28.201SF/Yr 3 777 East Atlantic Ave. Retail Retail (Other) 3,037 SF $19 - 25 /SFIYr 2 1550 N Federal Hwy Retail Strip Center 600 SF $121SF/Yr 1 2512 North Federal Highway Retail Retail (Other) 4,365 SF $161SFIYr 4 2275 South Federal Hwy Retail Strip Center 1,200 SF $201SFIYr 1 Fa 55 NE 5th Avenue Office Office Building 4,779 SF $321SFIYr 1 1911 South Federal Highway Retail Strip Center 6,335 SF $221SFIYr 5 1715 S Federal Highway Retail Strip Center 9,600 SF $181SFIYr 1 m 3001 -3195 S. Federal Hwy Retail Strip Center 10,350 SF 4 m 1538 S Federal Highway Retail Power Center 45,259 SF 7 m 1047 E Atlantic Ave Retail Neighborhood Center 2,225 SF $26.971SFIYr 1 m 55 NE 5th Avenue Retail Free Standing Bldg 4,779 SF $25 /SFIYr 1 0 1310 -1350 North Federal Hwy Retail Neighborhood Center 17,418 SF $9 - 14 /SFNr 7 m 851 SE 6th Ave Retail Street Retail 1,350 SF $17.781SFNr 1 3100 S. Federal Highway Retail Neighborhood Center 7,888 SF $15 - 181SFIYr 5 630 5 NE 5th Avenue Retail Vehicle Related 1,288 SF $60.561SFIYr 1 m 1601 North Federal Highway Retail Free Standing Bldg 1,675 SF $20.061SFNr 1 J � I rn J j ,: )': C., CAEIF l ­T;- i� P t,q�- ..c.,t';l `.IJ_: �u z T e s Road N Ida oil Lake Ida Rd &A Delray ShOres Point Kingsland trsrrvt I��+ �, L TQV I U h 51, 7 Sheiv%loo€1 Park Rl %rd LhArm 3:'y l 782 0 A 887., PdP *2012 Cnnstina Unrnsgn, FI-4- CPM- CARMEL REAL ESTATE AND MANAGEMENT. INC. Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: February 29, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 6, 2012 ORDINANCE NO. 05 -12 ITEM BEFORE COMMISSION Page 1 of 2 Consideration of a privately sponsored Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for a 9.95 acre property located on the southeast comer of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND The subject property is located at the southeast corner of Linton Boulevard and Federal Highway and is approximately 9.95 acres in size. The property is known as the Old Harbor Office and Bank Facility and it is currently occupied by three office buildings: two multiple -story office buildings (one located to the north of the property and the other to the south), and a one -story multiple tenant office building located to the east side of the property along Linton Boulevard. The property was originally annexed into the City of Delray Beach from unincorporated Palm Beach County in the late 1970's. The property was assigned the Future Land Use Map designation of Transitional (TRN) and a zoning of SAD (Special Activities District) and it was developed with three office buildings and associated parking simultaneously with the annexation. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center) and retained the Future Land Use Map Designation of TRN (Transitional). The requested Future Land Use Map designation from Transitional (TRN) to General Commercial (GC) and rezoning from Planned Office Center (POC) to Planned Commercial (PC), for the subject property is to allow greater development flexibility on the property including the future potential of a Multiple Building Commercial Development. The proposal also includes a privately- initiated amendment to the Text of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to limit the maximum intensities (FAR's) for Delray Place. The maximum http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ItemID= 5405 &MeetinglD =346 3/7/2012 Coversheet Page 2 of 2 intensity will be reduced from a FAR (Floor Area Ratio) of 3.0 to 0.46 to assure any resulting development will meet traffic concurrency. REVIEW BY OTHERS At its meeting of February 27, 2012, the Planning and Zoning Board held a public hearing associated with the GC Future Land Use Map amendment, PC rezoning request, and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for the subject property. The Board had concerns which centered more around issues relating to site plan approval and not the broader issues relating to whether the proposed Land Use and Zoning designations are appropriate. These concerns included the width of the buffer that separates the subject property from the residential development to the south and east. The public expressed concerns over how the rezoning proposal fits into the South Federal Highway Redevelopment plan which is underway. The public also had concerns regarding the increase in traffic and noise with a new development, the potential diminishment of property values, compatibility with existing developments in the neighborhood, etc. After an intense discussion, the Board recommended denial of the proposed FLUM, Rezoning and Text Amendment on a 5 -0 vote. RECOMMENDATION Approve on first reading Ordinance 05 -12 for a Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial), Rezoning from POC (Planned Commercial) to PC (Planned Commercial) and the Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use Map designation to reduce the maximum FAR to 0.46 for Delray Place, 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 does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5) (Rezoning Findings). http: // itwebapp / Agendalntranet /Bluesheet.aspx ?ltemlD= 5405 &MeetinglD =346 3/7/2012 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH -- -STAFF REPORT - -- MEETING DATE: February 27, 2012 ITEM: V. A. Privately- initiated amendment to the Text of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FAR's) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway; and associated Small -Scale Future Land Use Map amendment from TRN (Transitional) to GC (General Commercial); and Rezoning from POC (Planned Office Center) to PC (Planned Commercial) for said property. Quasi - Judicial Hearing. GENERAL DATA: Agent..... ............................... Location ....... ............................... Property Size .............................. Existing FLUM ........................... Proposed FLUM ......................... Current Zoning ........................... Proposed Zoning ........................ Covelli Design Associates, Inc. Southeast comer of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) 9.94 acres TRN (Transitional) GC (General Commercial) POC (Planned Office Center) PC (Planned Commercial Adjacent Zoning ................North: PC (Planned Commercial) and RM (Multiple Family Residential - Medium Density) East: R- 1 -AA -B (Single Family Residential) And CD (Conservation District) South: PC (Planned Commercial); RM (Multiple Family Residential- Medium Density); R- 1 -AA -B (Single Family Residential. West: Existing Land Use ...................... Proposed Land Use ................... I Water Service ....................... PC (Planned Commercial) Old Harbor Office and Bank Facility Multiple building commercial development Available via connection to a 12" water main located on the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Sewer Service ........................ Available via connection to a 8" sewer main located on Eve Street. ITEM BEFORE THE BOARD The item before the Board is that of making a recommendation to the City Commission on a privately initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial) and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for Delray Place for a property located on the southeast comer of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway). Pursuant to Section 2.2.2(E) (6) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to the rezoning and Land Use Map change of any property within the City. BACKGROUND ANALYSIS The subject property is located at the southeast comer of Linton Boulevard and Federal Highway and is approximately 9.95 acres in size. The property is known as the Old Harbor Office and Bank Facility and it is currently occupied by three office buildings: two multiple -story office buildings (one located to the north of the property and the other to the south), and one -story multiple tenant office building located to the east side of the property along Linton Boulevard. The property was originally annexed into the City of Delray Beach from unincorporated Palm Beach County in the late 1970's. The property was assigned the Future Land Use Map designation of Transitional (TRN) and a zoning of SAD (Special Activities District) and it was developed with three office buildings and associated parking simultaneously with the annexation. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center) and retained the Future Land Use Map Designation of TRN (Transitional). This application amends the Future Land Use Map designation of the property from TRN (Transitional) to General Commercial (GC) and change the zoning from Planned Office Center (POC) to Planned Commercial (PC) is now before the Board. LAND USE MAP AMENDMENT ANALYSIS AND REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP AMENDMENT: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The proposed Future Land Use Map amendment is being processed as a small scale amendment. Florida Statutes F.S. 163.3187 provides the process for adoption of small -scale comprehensive plan amendment, as follows: (1) A small scale development amendment may be adopted under the following conditions: (a) The proposed amendment involves a use of 10 acres or fewer and; Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 2 (b) The cumulative annual effect of the acreage for all small scale development amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar year; (c) The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the future land use map for a site - specific small scale development activity. However, text changes that relate directly to, and are adopted simultaneously with, the small scale future land use map amendment shall be permissible under this section. (d) The property that is the subject of the proposed amendment is not located within an area of critical state concern, unless the project subject to the proposed amendment involves the construction of affordable housing units meeting the criteria of s. 420.0004(3), and is located within an area of critical state concern designated by s. 380.0552 or by the .Administration Commission pursuant to s. 380.05(1)_ (2) Small scale development amendments adopted pursuant to this section require only one public hearing before the governing board, which shall be an adoption hearing as described in 163.3184(11). The proposed GC Future Land Use Map (FLUM) designation and the requested zoning designation of Planned Commercial (PC) are both consistent with each other. The (PC) zoning designation allows commercial, office uses, as well as residential uses either as part of a mixed use development or stand alone as conditional use. The current request meets the above criteria, CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix "A ", a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(D)(5) for the Rezoning request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective was found: Future Land Use Element Objective A -1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The development of the site with uses allowed under the proposed PC zoning (commercial and or residential uses) are compatible with adjacent uses. If residential uses are proposed it will provide a transition to the Tropic Isles single family residential development located to the southeast of the subject property. Compatibility with adjacent uses will be considered during the site plan review process and the requested rezoning of POC (Professional Office Center) to PC (Planned Commercial) are not anticipated to negatively impact the existing land uses in the area. Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 3 The proposed General Commercial land use designation of the property is the most compatible and complimentary category available. As referenced above, the other corners of this intersection have already been assigned the GC Land Use Map designation. Amending the Future Land Use Map to designate this parcel GC as well will formally acknowledge what the market trend has already indicated. As mentioned before, the parcel is also contiguous to the southeast with the Tropic Isles single family residential development. It is not unusual for GC zoned property to directly about a single family residential development. Residential and general commercial uses are both compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. 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. ■ Consistency -- The requested designation is consistent with goals, objectives, and policies of the most recently adopted Comprehensive Plan. ■ Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. ■ Compatibility -- The requested designation will be compatible with existing and future land uses of the surrounding area. Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. The subject property has a Future Land Use Map (FLUM) designation of TRN (Transitional) that is proposed to be amended to General Commercial (GC) and is to be rezoned from Planned Office Center (POC) to Planned Commercial (PC). There are currently three major commercial and office developments located at the intersection of Linton Boulevard and South Federal Highway: the Plaza at Delray Shopping Center located at the northwest corner, the Old Harbour Plaza located at the northeast corner, and the Linton Tower and SunTrust Bank development on the southwest corner. The intersection of these two corridors (Linton Boulevard and S. Federal Hwy.) represents a confluence of commercial activity which needs to be reflected in the land use designation of the property. The TRN (Transitional) designation currently assigned to the property may have been adequate in the past but the current market trend clearly indicates that a commercial designation is not only appropriate but also demanded by the market. Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 4 The previously mentioned three corners of the Linton Boulevard and South Federal Highway intersection have already got a Land Use Map designation of General Commercial (GC). The commercial activity in Delray Beach has greatly expanded and the Federal Highway / Linton Boulevard intersection has become a robust commercial hub. An office use at this location represents an economically unfeasible use of the property that the market trend has clearly identified as suited for commercial use. The requested Land Use Map Designation of General Commercial (GC) is also consistent with the goals, objectives, and policies of the currently adopted Comprehensive Plan. The proposed GC Future Land Use Map (FLUM) designation and the requested zoning designation of Planned Commercial (PC) are both consistent with each other. The (PC) zoning designation allows commercial, office uses, as well as residential use either as part of a mixed use development or stand alone as conditional use. Thus, this standard has been met. Future Land Use ElementObjective A -6: Urban sprawl shall be discouraged by the provision of services necessary for development of un- served parcels in the City's Planning Area. The concentration of commercial activities and services at the intersection of Linton Boulevard and South Federal Highway will discourage sprawl in this area of the City. The proposed amendment will support this Objective A -6 by concentrating commercial activities within the existing commercial corridor. Opposite to this argument, placing commercial designations on property located on the periphery of urbanized areas will unavoidably lead to sprawl. Future Land Use ElementPolicy C -1.12: The following pertains to the South Federal Highway area, south of Linton Boulevard. In Fiscal Year 2010111, the City's Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development fool to promote and guide future redevelopment of the area. City's Planning and Zoning Department Staff has produced a preliminary Redevelopment report pursuant to Policy C -1.12 and this preliminary report recommends a commercial zoning designation for this parcel. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application /request, The applicant has indicated in the rezoning application that the development proposal that will follow this rezoning request is a multiple building commercial development. A facility of this type will not have a negative impact with respect to concurrency as it relates to traffic, parks and recreation, solid waste, drainage or schools. While specific findings will be made with future development approvals of the site plan review process, Appendix "A" includes a brief discussion of concurrency findings as these relates to the rezoning request. COMPATIBILITY: The requested designation will be compatible with the existing and future land uses of the surrounding area. As demonstrated in the following `Rezoning Analysis" section, the requested rezoning from Planned Office Center (POC) to Planned Commercial (PC) will be compatible with the existing and future land Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 5 uses of the surrounding area. The proposed commercial development allowed under this zoning category will be compatible with the surrounding developments of Plaza at Delray Shopping Center located at the northwest corner of the Linton Boulevard and South Federal Highway intersection, the Old Harbors Plaza located at the northeast corner, and the Linton Tower and SunTrust Bank development on the southwest corner. The proposed rezoning will be compatible with the adjacent Tropic Isles single family residential development if proper buffering is provided with the site development plans. There are several examples throughout the City of Delray Beach where General Commercial (GC) property directly abuts single family residential development. These two land uses are both compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Thus, compatibility is not a concern with this rezoning proposal since it will not negatively impact the existing and future uses in the area nor will it negatively impact the pattern of development of the neighborhood if proper buffering is provided. TEXT AMENDMENT: The Future Land Use Element has the following description of the General Commercial Land Use category. The underlined language will be added to assure that traffic concurrence can be met at maximum buildout. The General Commercial is a Land Use Map designation which 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, except as indicated within the following overlay districts: • Four Corners Overlay District - For mixed -use development within this overlay district, the nonresidential component is limited to an FAR of 2.0 • Silver Terrace Courtyards Overlay District - Nonresidential development is limited to an FAR of 0.75 • Lintco Development Overlay District - Nonresidential development is limited to an FAR of 0.36. • Waterford Overlay District - Nonresidential development is limited to an FAR of 1.32. • Delray Place Overlay District - Nonresidential development is limited to an FAR of 0.46_ Residential uses may comprise up to 15% of the total floor area of the General Commercial Land Use 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 in Redevelopment Area #6 (Lindell /Federal Highway) where residential densities may be Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 6 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 and within the Silver Terrace Courtyards Overlay District where residential densities may be allowed up to a maximum of 22 units per acre subject to Conditional Use approval. Areas with the General Commercial designation, located within a workforce housing overlay district, may also exceed 12 units per acre up to a maximum of 30 units per acre within the Four Corners Overlay District and 18 units per acre within the infill workforce housing area, by obtaining density bonuses through the provision of workforce housing units. REZONING ANALYSIS Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Required Findings" section of this report. Compliance with the Land Development Regulations with respect to "Standards for Rezoning Actions and Rezoning Findings" are discussed below. Section 3.2.2 (Standards for Rezoning Actions): Standards "A ", "B ", "C ", and "E" are not applicable with respect to this rezoning request. An evaluation of the applicable standards is discussed below: Standard "D" requires that the rezoning shall 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 table identifies the zoning designations and uses that are adjacent to the subject property: The PC (Planned Commercial) zoning will allow additional options on the property including the construction of a multiple building commercial development which will provide service for adjacent residential areas. In addition, the operation of the future commercial and office uses will enhance the subject property comparatively with the existing adjacent commercial uses (Old Harbor Shopping Plaza and Tropic Square Shopping Center), professional office uses (Sun Trust Bank and Linton Tower)), and residential uses (Harbors Edge and Tropic Isles). The development proposal will not hinder development or redevelopment of nearby properties if appropriate buffers are provided during site development. The existing adjacent land uses will not be negatively impacted by the uses allowed under the PC zoning designation. Adjacent Zoning: Adjacent Land Uses: North PC (Planned Commercial) and RM Old Harbor Shopping Plaza and Harbors Edge (Multiple Family Residential) Multiple family Residential Development West PC (Planned Commercial) SunTrust Bank and Burger King East R- 1 -AA -B (Single Family Residential) Tropic Isles Single Family Residential Development and CD (Conservation District) South PC (Planned Commercial) & R- 1 -AA -B Tropic Square Shopping Center and Tropic Isles (Single Family Residential) Residential Development The PC (Planned Commercial) zoning will allow additional options on the property including the construction of a multiple building commercial development which will provide service for adjacent residential areas. In addition, the operation of the future commercial and office uses will enhance the subject property comparatively with the existing adjacent commercial uses (Old Harbor Shopping Plaza and Tropic Square Shopping Center), professional office uses (Sun Trust Bank and Linton Tower)), and residential uses (Harbors Edge and Tropic Isles). The development proposal will not hinder development or redevelopment of nearby properties if appropriate buffers are provided during site development. The existing adjacent land uses will not be negatively impacted by the uses allowed under the PC zoning designation. Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 7 LDR SECTION 2.4.5(D)(5)-- REZONING FINDINGS: Pursuant to LDR Section 2.4.5(D)(5), in addition to provisions of Chapter 3, the City Commission must make findings that the rezoning fulfills at least one of the reasons listed under Subsection (2): (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and /or neighborhood. The applicable findings for which the rezoning should be granted, relates to items "b" and "c" identified above, indicating that there has been a change in circumstances which make the current Planned Office Center (POC) zoning inappropriate. The property is surrounded by commercial zoning and the long term operation of an office center (Old Harbor Office and Bank Facility) is less compatible than commercial uses given development that has occurred along this portion of Linton Boulevard and South Federal Highway. This change in circumstance would support the change to allow commercial development similar to the other three corners of the intersection. Objective A -1 of the Future Land Use Element of the Comprehensive Plan clearly states that property shall be developed in a manner so that the use and intensity is appropriate and complimentary to adjacent land uses and fulfills the remaining land use needs. The requested PC (Planned Commercial) zoning is complimentary to and compatible with the surrounding and adjacent properties. Compatibility with adjacent neighborhoods will be addressed during the site development process. The requested PC zoning will enhance compatibility and will not have a detrimental impact in the existing zoning and development pattern of the area_ REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency), Courtesv Notices: A special courtesy notice was provided to the following homeowners and /or civic organizations: • Neighborhood Advisory Council • Tropic Isle Civic Association • Domain Delray • Delray Citizen's Coalition • Banyan Tree Village • Andrea Poveda, Student Advisor Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 8 Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and /or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The requested Future Land Use Map designation from Transitional (TRN) to General Commercial (GC) and rezoning from Planned Office Center (POC) to Planned Commercial (PC), for the subject property is to allow greater development flexibility on the property including the future potential of a Multiple Building Commercial Development. The proposal also includes a privately- initiated amendment to the Text of the Comprehensive Plan modifying the description of the 'GC (General Commercial) Future Land Use designation to identify maximum intensities (FAR's) for Delray Place. This amendment to the Text of the Comprehensive Plan is being considered simultaneously with the rezoning request. Positive findings can be . made with respect to LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions) and LDR Section 2.4.5(D)(5)(Rezoning Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan, RECOMMENDED ACTIONS A. Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial) and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for Delray Place, 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 does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). B. Move a recommendation of denial to the City Commission for the privately initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial) and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for Delray Place, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). C. STAFF RECOMMENDATIONS A. Move a recommendation of approval to the City Commission for the privately initiated Future Land Use Map change from Transitional (TRN) to General Commercial (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial) and Text Amendment of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify a maximum FAR of 0.46 for Delray Place, 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 Planning & Zoning Board Staff: Report - Meeting of February 27, 2012 Delray Place Rezoning Page 9 Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). Staff Report Prepared by: Estelio Breto, Senior Planner Attachments: • Zoning District Map Exhibits • Future Land Use Map Exhibits • Survey Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 10 APPENDIX "A" CONCURRENCY FINDINGS Pursuant to LDR Section 3.1.1(B), Concurrency, as defined pursuant to Objective B -2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and /or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12" water main located the east side of S. Federal Hwy., a 10" water main on Eve Street, and a 6" water main on the south side of Linton Boulevard. Fire protection is provided by two fire hydrants located on the south side of Linton Boulevard and one along the north side of Eve Street. Additional fire hydrants will be considered as part of the site development approval process. Sewer service is available to the site via connection to an existing 8" sewer main which is located along on Eve Street. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. This FLUM change will not significantly increase the demand on these services. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: The applicant has indicated that a traffic impact analysis has been conducted by Traffic -Tech Engineering to determine the change in traffic patterns resulting from the proposed amendment of the Future Land Use Designation for the subject property. The report has determined the traffic impact for the most intense use of the property under the current (TRN) FLUM designation and the traffic impact for the most intense use under the proposed (GC) FLUM designation with the proposed development restrictions to the FAR (0.46) which is being processed concurrently with the rezoning reuse. This privately- initiated amendment to the Text of the Comprehensive Plan modifying the description of the GC (General Commercial) Future Land Use designation to identify specific uses and intensities (FAR's) for Delray Place (creation of an overlay district with a modified FAR - Floor Area Ratio) is being considered as part of this application. The land use assumptions utilized in the report are summarized in Table 2 below. Planning & Zoning Board Staff Report - Meeting of February 27, 2012 Delray Place Rezoning Page 11 Table 2 - Land Use Assumptions for Traffic Concurrency Analysis FLUM Designation Land Use Densitylintensity Total Transitional General Office Multiple Family Res_ 1.0 Floor Area Ratio 12 Dwelling Units / Acre 433,422 sq. ft. 119 Units General Commercial Commercial Retail 0.46 Floor Area Ratio 199,374 sq. ft. The traffic report has determined that the proposed land -use change is projected to generate approximately 2,538 Average Daily Trips (ADT), which equates to approximately 466 less A.M. peak hour trips, and 96 new P.M. peak hour trips during the typical afternoon peak period, when compared against the maximum allowable development under the existing land use designation. The 96 new PM peak hour trips were distributed throughout the road - network system located within a one -mile radius of the project site in order to determine if the new peak hour project trips are significant from a traffic engineering stand point. This traffic analysis has concluded that the proposed land use change is not anticipated to significantly impact any roadway segment located within the project's radius of development influence. Thus, the proposed land use change is not anticipated to negatively affect the roadway network located within the project study area. Therefore, a positive finding can be made with respect to this level of service standard. Parks and Open Space: Park dedication requirements do not apply for non - residential uses. Solid Waste: Solid waste requirements will be evaluated during the site plan review process of the multiple building commercial project to be proposed. No issues are anticipated. Schools: School provision requirements do not apply for non - residential uses. IIII � NONE ■ ■■ IiCl1 II • ■ ■ ■ ■ ■■1 I 11111 � - �■■■■■■■ � rl Will ' ■111111 ■ ■ ■■ - I 10rmm Wu.»111MAWYAQ111� FOR ■ i ■ ■ ■ ■■ ■ ■ ■r i t r =■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■�I • ■ : ■ ■ ■■■■■■■ ■■ ■rte .��. ° ■ II Y�IiiirLiii: ■ ■ ■ ■� � =_ �� II ■ ■� ■ ■� ■ ■ ■ ■A� rte■ ■ DTI ® ■ ■ ■ ■ ■ ■ ■■ ■rte �- _- �� II ■ ■ ■ ■ ■EN ■ ■ ■11► �111111N e \■ ■NONE ■ ■ ■ ■r� MENNEN ■ ■ ■ ■� I � N SUBJECT PROPERTY DELRAY PLACE � PLANNING AND ZONING EXISTING ZONING MAP i DEPARTMENT IIII � NONE ■ ■■ IiCl1 II • ■ ■ ■ ■ ■■1 I 11111 � - �■■■■■■■ � - ■ ■ ■ ■ ■o ii ■p ■�■� �■■■■ii ■ ■■■■■■■■■■ '_ �w •.a i■■■■■ ■ ■■r i i I■■■■■■■■■■ MENNEN IN . : ■ : ■ ■■ ■NONE ■■ ■rte ■_ �� �I ■ ■ ■ ■ ■ ■ ■ ■ ■ ■A� rte■ ■ ® ■ ■ ■ ■ ■ ■ ■■ ■rte �- _- �� II ■ ■ ■ ■ ■NE ■ ■ ■11► �111111N e \■ ■■■■moon ■r� mmommo■■ ■ ■ ■ ■ ■� I � N SUBJECT PROPERTY DELRAY PLACE � PLANNING AND ZONING PROPOSED ZONING MAP i DEPARTMENT ► X11111 � _, _ - �L'1J ■ ■ ■ ■� � '� ' ■111111 �■! ■ ■ ■ ■ ■� I i ,� ■ An ■ ■ ■■■■■■■■■■ ■rte . ■M■■■M ■t ■ ■ ■�I� ■ ; n ■ ■ ■ ■ ■ ■ ■ ■ ■■ ■rte IIIIIII�� ��■■■■■■■■■�� �■��■ w=___ �� �� ■ ■ ■ ■ ■ ■ ■ ■ ■ ■A� rte■ moommom —�h� - �111111N e J� ��■ ■OMEN ■ mom � =� II■ ■NONE ■■mom I � N SUBJECT PROPERTY DELRAY PLACE � PLANNING AND ZONING EXISTING FUTURE LAND USE MAP i DEPARTMENT ► X11111 � _, _ - ■LSD ■ ■ ■ ■■ � '� ' ■111111 �■! ■ ■ ■ ■ ■� An NMI ■loss � ■ ■ ; ■ ■■■ ■■■■■■■ ■rte ■ ■IIIIIII�� ��■■■■■■■■■�� �■��■ ■_ ■_ �� �� ■ ■■■■■■■■■A� rte■ ®■■■■■■■■■`� NE- �111111N e J� �� ■ ■■■■■■■ ■ ■r =� II ■ ■■■■■■ ■MEN BOMA i I � N SUBJECT PROPERTY DELRAY PLACE � PLANNING AND ZONING DEPARTMENT PROPOSED FUTURE LAND USE MAP .' .. to .. .- i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: March 7, 2012 SUBJECT: AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 ORDINANCE NO. 12 -12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider a city- initiated amendment to the Land Development Regulations (LDR) Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", setting forth the right to use funds as appropriated in the City's budget. BACKGROUND At the first reading on March 6, 2012, the Commission passed Ordinance No. 12-12. RECOMMENDATION Recommend approval of Ordinance No. 12 -12 on second and final reading. ORDINANCE NO. 12 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM ", SUBSECTION (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2012 and voted 3 to 1 to recommend that the changes not be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is not consistent with and does not further the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP) Funds ", of the Land Development Regulations of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (B) Appropriation of Capital Improvement Project (CIP) Funds: (1) The City will appropriate 1.5% of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks, and for the administration of the public art program or as otherwise appropriated in the City budget. Eligible appropriations include appropriations for capital improvement projects, including eligible bond projects, eligible grant- funded projects, other eligible capital projects funded from other sources, but excluding appropriations for underground infrastructure improvements, which include, but are not limited to water mains, sewer main, storm drainage, wastewater or any other underground utility. The involvement of public art in a capital improvement project is optional for capital projects of less than two hundred thousand dollars ($200,000.00); however, 1.5% of the cost of the projects will be retained for public art and these funds will be pooled for other art projects or as otherwise appropriated in the City budget. If the funding source specifically restricts the use of the monies, then that portion of the funding shall not be included for the basis for the art fee. (2) Notwithstanding the foregoing, funds appropriated for one capital improvement project, but not deemed necessary or appropriate by the City Commission in whole or in part for that project, may be expended on other public art projects approved by the City Commission, subject to bond restrictions, legal or grant restrictions. The monies appropriated under this ordinance may be used for artist design services, for the development of design concepts and models, for the selection, acquisition, purchase, commissioning, placement, installation, exhibition, maintenance, and display of artworks. Artworks may be temporary or permanent, may be integral to the architecture or may be incorporated into the capital improvement project. 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 and this amendment shall apply to funds that have already been collected. PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2012. ATTEST City Clerk First Reading Second Reading - MAYOR 2 ORD. NO.12 -12 Coversheet MEMORANDUM TO: Mayor and City Commissioners Page 1 of 1 FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: February 29, 2012 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF MARCH 6, 2012 ORDINANCE NO. 12 -12 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) Public Arts Program clarifying the City's right to use funds as appropriated in the City's budget. BACKGROUND The City Commission established a Public Arts Program on February 1, 2005 by enacting Ordinance No. 77 -04. The purpose was to use part of the Capital Improvement Project dollars to incorporate art in certain public projects. Current Land Development Regulations allow for the City to appropriate 1.5% of the total eligible construction costs to be used for various components of the public art program. In the recent budget revisions, Public Art Program monies, along with other Capital Improvement Project dollars, were considered for reallocation. This LDR amendment would clarify that the public art program funds can be utilized for not only public art programs, but for other purposes as otherwise appropriated in the City Budget. REVIEW BY OTHERS The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting. Several members of the public spoke in opposition to the amendment. After considerable Board discussion, a recommendation of denial on a 3 -1 vote was made. (Mark Krall dissenting). RECOMMENDATION By motion, approve Ordinance No. 12 -12 on first reading for a city- initiated amendment to Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds)" of the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. http: // itwebapp /Agendalntranet/Bluesheet .aspx ?ItemID = 5406 &MeetingID =346 3/7/2012 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 27, 2012 AGENDA NO: V. E. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING SECTION 8.5.1, "ESTABLISHMENT OF PUBLIC ARTS PROGRAM ", SUBSECTION (B), "APPROPRIATION OF CAPITAL IMPROVEMENT PROJECT (CIP FUNDS) ", SETTING FORTH THE CITY'S RIGHT TO USE APPROPRIATED FUNDS. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will set forth the City's right to use appropriated funds. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND The City Commission established a Public Arts Program on February 1, 2005 by enacting Ordinance No. 77 -04. The purpose was to use part of the Capital Improvement Project dollars to incorporate art in certain public projects. Current Land Development Regulations allow for the City to appropriate 1.5% of the total eligible construction costs to be used for various components of the public art program. In the recent budget revisions, Public Art Program monies, along with other Capital Improvement Project dollars, have been reallocated. This LDR amendment would clarify that the public art program funds can be utilized for not only public art programs, but for other purposes as otherwise appropriated in the City Budget. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION This amendment will allow additional flexibility of Capital Improvement Program monies which are currently allocated primarily for public art program functions. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Section 8.5.1, "Establishment of Public Arts Program ", Subsection (B), "Appropriation of Capital Improvement Project (CIP Funds) ", Setting Forth the City's Right To Use Appropriated Funds, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: • Proposed Ordinance MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: March 13, 2012 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 RESOLUTION NO. 16 -12 /CONTRACT FOR SALE AND PURCHASE /S.W. 10TH AVENUE AND S.W. 11TH STREET ITEM BEFORE COMMISSION Staff requests approval of Resolution No. 16 -12 and the Purchase and Sale Agreement for two parcels in the area of S.W. 10th Avenue and S.W. 11th Street. BACKGROUND Resolution 16 -12 adopts and includes the Contract for Sale and Purchase between the City and West Corner Venture, LLC for property located in the area of S.W. 10th Avenue and S.W. 11th Street. This property was deeded to the City by Palm Beach County. The property is currently vacant and not used by the City. The proposed purchaser wishes to buy the property to aggregate it with other property previously purchased from the City. The cost of the purchase is Five Thousand One Hundred Seventy - Five Dollars ($5,175.00). This transaction has been advertised and is ready for approval by the City Commission. Several years ago the City sold adjacent property to Jim Zengage at the price of 2.25 per square foot. That is the price used for this square footage as well. It appears that the appraised value has decreased from when we originally sold the property to Mr. Zengage, therefore, by still charging the same price as we did several years ago, even though the values have decreased, we are getting a better value. RECOMMENDATION Staff recommends approval of Resolution No. 16 -12. RESOLUTION NO. 16 -12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located in an area of S.W. 10th Avenue and S.W. 1 lth Street; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. 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 Delray Beach, Florida, as Seller, hereby agrees to sell to West Corner Venture, LLC, as Buyer, for the purchase price of Five Thousand One Hundred and Seventy -Five and 00 /100 Dollars ($5,175.00), said property being more particularly described as follows: See Exhibit "A" Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit `B ". ATTEST: City Clerk PASSED AND ADOPTED in regular session on the day of , 2012. MAYOR EXHIBIT "A" The West 15 Feet Of The East 215 Feet Of Lot 13, Of Esquire Subdivision, A Replat Of The East Half (E %2) Of The West Half (`'V %z) Of Lot 29, And The West Half (W %2) Of The East Half (E %2) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Palm Beach County Records In Southwest Quarter (SW 1/4) Section 20, Township 46 South, Range 43 East, According To The Plat Thereof Recorded In Plat Book 23, Page 43, Public Records Of Palm Beach County, Florida. Said Lands Situate In The City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights -Of -Way Of Record. And; The West 15 Feet Of The East 215 Feet Of Lot 16, Of Esquire Subdivision, A Replat Of The East Half (E 1 /2) Of The West Half (W %z) Of Lot 29, And The West Half (W %2) Of The East Half (E %2) Of Lot 29 Of Map Filed In Plat Book 1, Page 4, Palm Beach County Records In Southwest Quarter (SW 1/4) Section 20, Township 46 South, Range 43 East, According To The Plat Thereof Recorded In Plat Book 23, Page 43, Public Records Of Palm Beach County, Florida. Said Lands Situate In The City Of Delray Beach, Palm Beach County, Florida. Subject To Easements, Restrictions, Reservations, Covenants, And Rights -Of -Way Of Record. 2 RES. NO. Vacant Land Contra qt FLOMA ASSOCIAT2N OF REALTORS•i: PARTIES AND DESCRIPTION OF PROPERTY 1. SALE AND PURCHASE: •� I _fv.of Da /rev' Seach. a Florida Municlaal Co�onrinn tL1T 1n A� C,Bwer"1. 3 r �jfra�CORPLek vil:+�V Ur- ,A �FLa9i0A� t�°nUM2,. described as: agree {roo sell aria Duy on the terms and c1diti'onI specified below the property ( "Property"} s Address: s Legal Description: a a 10 including all improvements and the following additional property: 11 12 13 PRICE AND FINANCING 14 1s 2. PURCHASE PRICE' • S 1 _O 0 payable by Buyer in U.S. funds as folows: 16 (a) $ I �o . o i� Dep d received (checks are subject to clearance) on by for delivery to Steven D Rubin Esc Signature Name of Company CEscrow Agent's (Address of Escrow Agent) 98Q �>,Ita 434. Boca Raron Florida UW _ (Phone ft of Escrow Agen (b} $ Additional deposit to be delivered to Escrow Agent by or days from Effective Date (10 days if left Blank). {c) Total financing (see Paragraph 3 below) (express as a dollar amount or percentage) (d) S °r' prepaid items and rorstions). All funds Balance to dose (not including Buyer's closing costs, (a) $.15, D_ 'I.. Oct Pa oslagaaust_be_paid by locally drawn cashiers check, official check or wired funds. Aly- it determined based . on aver unit cost Instead of a fixed price) The unit used to U . _ —� 1s determine the purchase price is ❑ lot ❑acre square foot °� -r unit based on a calculation of 1e prorating areas of less than a full unit. The purchase price will be �� P° 20 total area of the Property as certi ied to Buyer and Seller by a Florida - licensed surveyor in accordance with Paragraph S(c) of 21 this Contract. The following rights of way and other areas will be excluded from the calculation: 22 23 3. CASHlFINANCING: (Chedc as applicable) 0 (a) Buyer will pay cash for the Property with no financing contingency. 24 ❑ (b) This Contract is contingent on Buyer qualifying and obtaining the commitrnent(s) or approval(s) specified below (the 26 "Financing") within days from Effective Date (if left blank then Closing Date or 30 days from Effective Date. 26 whichever Occurs first) (the "Financing Period'7. Buyer will apply for Financing within days from Effective Date (5 27 days if left blank) and WIN timely provide any and all credit, employment, financial and other information required by the 2e lender. If Buyer, after using diligence and good faith, will be returneobtain fter Financhg Within Agent receives proper authorizations from all ze may cancel this Contract and Buyers deposit(s) 30 interested parties. 3t ❑ (1) New Financing: Buyer will secure a commitment for new third party financing for S s,% of the purchase price at the prevailing Interest rat and loan costs based on 32 or 33 Buyer's creditworthiness. Buyer will keep Seller and Broker fully informed of the loan application status and progress 34 and authorizes 2 Seller Financing: Buyer will execute rac❑ first s❑hseconda purchase Seller oney not Broker. and. mortgage to Seller 35 ❑ () bearing annual Interest at _% and payable 3e in the amount of S 37 as follows:. ae The mortgage, not, and any security agree m ist IQ III form rovide for bae late payment feel and oacceieration at the 38 accepted in the county where the Properly without ens all or art of the principal at an 40 mortgagee's option if Buyer defaults; will give Buyer the right to prepay p nY P P P Y 41 times) with interest only to date of payment will be due on conveyance or sale; will provide for release of contiguous 42 parcels, if applicable; and will require Buyer to keep liability insurance ce on t e Property, With Seller as information additional named 43 insured. Buyer authorizes Seller to obtain credit, employment 44 creditworthiness for the financing. Seller will, within 10 days from Effective Date, give Buyer written notice of whether or 45 not Seiler will make the ban. 46 Buyer ( � (--- -) and Seller (1.� (�j acknowledge receipt of a copy of this page. which is Page 1 of 7 Pages. Uryr , UunuA to Aaa Star SCOYMM. Uepr Roo S- OMOY7P03D3b23S23.1O21 VAk11 Rsv. 4107 O 2007 Fiorrds Aawddron d R@EMorie. All riphu Scftwara and Added Formatting Copyright 2067 Alta Star Softwaro, Inc. All Rights Reserved. (305) 279.8896 Exhibit 9 47 ❑ (3) Mortgage Assumption: Buyer will take title subject to and assume and pay existing first mortgage to 48 LN# In the approximate amount of 49 $ currently payable at $ per month including principal, interest, ❑ taxes so and insurance and having a ❑ fixed El other (describe) at Interest rate of % which ❑ will 13 will not escalate upon assumption. Any variance in the mortgage will 52 be adjusted In the balance due at closing with no adjustment to purchase price. Buyer will purchase Sellars escrow 63 account dollar for dollar. If the lender disapproves Buyer, or the Interest rate upon transfer exceeds % or the 54 assumptionitransfer fee exceeds $ either party may elect to pay the excess, failing which this 55 agreement will terminate and Buyer's deposit(s) will be returned. ss CLOSING fir? sr 4. CLOSING DATE; OCCUPANCY: This Contract will be closed4ndNt4Q he deed and possession delivered so &n 15 Zpyy ( "Closing Date'). Unless the Closing Date Is specifically Ll s9 extended by the Buyer and Seller or by any other provision in this Contract, the Closing Date shall prevail over all other time so periods including, but not limited to, financing and feasibility study periods. If an Closing Date insurance underwriting is si suspended, Buyer may postpone closing up to 5 days after the insurance suspension is lifted. If this transaction does not s2 close for any reason, Buyer will immediately return all Seller- provided title evidence, surveys, association documents and e3 other Items. 64 5. CLOSING PROCEDURE; COSTS: Closing will take place in the county where the Property is located and may be ss conducted by mail or electronic means. If title insurance Insures Buyer for title defects arising between the title binder effective se date and recording of Buyers deed, closing agent will disburse at dosing the net sale proceeds to Seller (in local cashiers e7 checks if Seiler requests In writing at least 5 days prior to closing) and brokerage fees to Broker as per Paragraph 17. In sa addition to other expenses provided in this Contract, Seller and Buyer will pay the costs indicated below. a9 (a) Seller Costs: 70 Taxes on the deed 71 Recording fees for documents needed to cure title 72 Title evidence (if applicable under Paragraph 8) 73 Other. 74 (b) Buyer Costs: 75 Taxes and recording fees on notes and mortgages 76 Recording fees on the deed and financing statements 77 Loan expenses 75 Lenders titis policy at the simultaneous Issue rate tions ao Survey and sketch at insurance e2 Other: 83 (c) Title Evidence and Insurance: Check (1) or (2): e4 0 (1) The title evidence will be a Paragraph 8(a)(1) owners title insurance commitment. ❑ Seller will select the file es agent and will pay for the owners file policy, search, examination and related charges or X Buyer will .select the title ee agent and pay for the owners fltle policy, search, examination and related charges or ❑ Buyer will select the tide agent e7 and Seller will pay for the owners title policy, search, examination and related charges. ea 0 (2) Seller will provide an abstract as specified In Paragraph 8(a)(2) as title evidence. ❑ Seller C3 Buyer will e9 pay for the owners title policy and select the title agent. Seller will pay fees for We searches prior to dosing, including so tax search and lien search fees, and Buyer will pay fees for title searches after dosing (if any), title examination fees and 91 closing fees. 92 (d) Proration: The following items will be made current and prorated as of the day before Closing Date: real estate 93 taxes, interest, bonds, assessments, leases and other Property expenses and revenues. If taxes and assessments for tha 94 current year cannot be determined, the previous years rates wilt be used with adjustment for any exemptions. as PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY 9e TAXES AS THE AMOUNT OF PROPERTY TAXES THAT BUYER MAY BE OBLIGATED TO PAY IN THE YEAR 97 SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS so REASSESSMENTS OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE ANY 9s QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR loo FURTHER INFORMATION. lot (e) Special Assessment by Public Body: Regarding special assessments Imposed by a public body, Seller will pay (i) 102 the full amount of iiens that are certified, confirmed and ratified before closing and (11) the amount of the last estimate of 103 the assessment If an improvement is substantially completed as of Effective Date but has not resulted in a lien before 104 closing, and Buyer will pay all other amounts. If special assessments may be paid in installments X Buyer ❑ Seller 105 (if left blank, Buyer) shall pay installments due after closing. If Seller is checked, Seller will pay the assessment in full ace prior to or at the time of closing. Public body does not Include a Homeowner Association or Condominium Association. 107 gayer ( J C-- _—, and Seller f, acknowledge receipt d a copy of this page, which is Page 2 of 7 Pages. VAc.9 Rev. 41070 2907 Florida Aswdadon ci Rea Corse. Al rights mmmed Ucansed to Als Star Sonware. software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Reserved. (308) 279-9898 108 (f) Tax Withholding: If Seller is a'Yoreign person" as defined by FIRPTA, Section 1445 of the Internal Revenue Code 1o9 requires Buyer to withhold 10% of the amount realized by the Seller on the transfer and remit the withheld amount to the 110 Internal Revenue Service (IRS) unless an exemption applies. The primary exemptions are (1) Seller provides Buyer with 111 an affidavit that Seller is not a "foreign person ", (2) Seller provides Buyer with a Withholding Certificate providing for 112 reduced or eliminated withholding, or (3) the gross sales price is $300,000 or less, Buyer is an individual who purchases 113 the Property to use as a residence, and Buyer or a member of Buyers family has definite plans to reside at the Property 114 for at least 50°x6 of the number of days the Property is in use during each of the first two 12 month periods after transfer. 11s The IRS requires Buyer and Seller to have a U.S. federal taxpayer identification number c'TIN "). Buyer and Seller agree 11e to execute and deliver as directed any instrument, affidavit or statement reasonably necessary to comply with FIRPTA 117 requirements including applying for a TIN within 3 days from Effective Date and delivering their respective TIN or Social Its Security numbers to the Closing Agent. If Seller applies for a withholding certificate but the application is still pending as 119 of dosing, Buyer will place the 10% tax in escrow at Sellers expense to be disbursed in accordance with the final 120 determination of the IRS, provided Seger so requests and gives Buyer notice of the pending application in accordance 121 with Section 1445. if Buyer does not pay sufficient cash at closing to meet the withholding requirement, Seiler will deliver 122 to Buyer at dosing the additional cash necessary to satisfy the requirement. Buyer will timely disburse the funds to the 123 IRS and provide Seller with copies of the tax forms and receipts. 124 (g) 1031 Exchange: If either Seller or Buyer wishes to enter into a like -kind exchange (either simultaneously with closing 125 or after) under Section 1031 of the Internal Revenue Code ("Exchange'), the other party will cooperate in all reasonable 126 respects to effectuate the Exchange Including executing documents; provided, however, that the cooperating party will 127 incur no liability or cost related to the Exchange and that the closing shall not be contingent upon, extended or delayed by 128 the Exchange. PROPERTY CONDITION 129 S. LAND USE: Seiler will deliver the Property to Buyer at the time agreed In its present "as Is" condition, with conditions 130 resulting -&am Buyers Inspections and casualty damage, if any, excepted. Seiler will maintain the landscaping and grounds in 13t a comparable condition and will not engage in or permit any activity that would materially alter the Property$ condition without 132 the Buyers prior written consent. 133 (a) Flood Zone: Buyer Is advised to verify by survey, with the lender and with appropriate government agendas which 134 flood zone the Property is in, whether flood insurance is required and what restrictions apply to Improving the Property 133 and rebuilding in the event of casualty. 136 (b) Government Regulation: Buyer 1s advised that changes in government regulations and levels of service which affect 137' Buyer's intended use of the Property will not be grounds for canceling this Contract If the Feasibility Study Period has 139 expired or If Buyer has checked choice (c)(2) below. 139 (c) Inspections: (check (11) or (2) below) 140 X (1) Feasibility Study: Buyer will, at Buyers expense and within days from Effective Date e'Feasibility 141 StudY Perlod"L.determine whether the Properly is suitable, in Buyers sole and absolute discretion, use. ,.s nurrna Ole Feasibility Study Period, Buyer may conduct a Phase I environmental assessment and any o es , 144 analyses, Surveys ana 1llrau,aeuu„+ % It r •. -. - -� -. - -- - - - 145 the Propertys engineering, architectural and environmental properties; zoning and zoning restrict ions; subdivision 146 statutes; soil and grade; availability of access to public roads, water, and other utilities; consistency with local, state and 147 regional growth management plans; availability of permits, government approvals, and licenses; and other Inspections 148 that Buyer deems appropriate to determine the Property's suitability for the Buyer's intended use. if the Property must 149 be rezoned. Buyer will obtain the rezoning from the appropriate government agencies. Seller will sign all documents 180 Buyer is required to lie in connection with development or rezoning approvals. 161 Seller gives Buyer, Its agents, contractors and assigns, the right to enter the Property at any time during the Feasibility 152 Study Period for the purpose of conducting Inspections; provided, however, that Buyer, Its agents, contractors and 163 assigns enter the Property and conduct Inspections at their own risk. Buyer 911 indemnify and hold Seller harmless 154 from losses, damages, costs, claims and expenses of any nature, including attorneys' fees, from expenses and liability 1ss incurred In application for rezoning or related proceedings, and from liability to any person, arising from the conduct of Ise any and all Inspections or any work authorizzed by Buyer. Buyerwill not engage In any activity that could result In a 1s7 construction Dan being flied against the Property without Sellers prior written consent. If this transaction does not 158 dose, Buyerwill, at Buyer's expense, (1) repair all damages to the Property resulting from the Inspections and return 159 the Property to the condition it was in prior to conduct of the inspections, and (2) release to Seiler all reports and other 16o work generated as a result of the Inspections. 161 Buyerwill deliver written notice to Seller prior to the expiration of the Feasibility Study Period of Buyers determination 152 of whether or not the Property is acceptable. Buyers failure to comply with this notice requirement will constitute 163 acceptance of the Property as suitable for Buyers intended use in its "as le condition. If the Property is unacceptable 164 to Buyer and written notice of this fad is timely delivered to Seller, this Contract will be deemed terminated as of the 16s day after the Feasibility Study period ends and Buyer's deposit(s) will be returned after Escrow Agent receives proper Ise authorization from all interested parties. 187 C3 (2) No Feasibility Study: Buyer is satisfied that the Property is suitable for Buysr: purposes, including being lee satisfied that either public sewerage and water are available to the Property or the Property will be approved for the 169 installation of a well and/or private sewerage disposal system and that existing zoning and other pertinent regulations 170 and restrictions, such as subdivision or deed restrictions, concurrency, growth management and environmental 171 conditions, are acceptable to Buyer. This Contract Is not contingent on Buyer conducting any further Investigations. 172 Buyer L!i?�— ( and Seller (_> (_.. —, acknowledge receipt of a copy of this page, whidl is Page 3 of 7 Pages. VAC-9 Ray. 4107 O 2007 Flodds Asmda0oe of RsrWraO. Al (100 rmervad. Liaeeaed to Ara Star SonMwa. Software and Added Formatting Copyright 2007 Alta Star Spttware, Inc. All Rights Reserved. (305) 2794098 173 (d) Subdivided Lands: If this Contract is for the purchase of subdivided lands, defined by Florida Law as "(a) Any 174 contiguous land which is divided or Is proposed to be divided for the purpose of disposition into 50 or more lots, parcels, 176 units, or interests; or (b) Any land, whether contiguous or not, which Is divided or proposed to be divided into 50 or more 176 lots, parcels, units, or interests which are offered as a part of a common promotional plan.". Buyer may cancel this Contract 177 for any reason whatsoever for a period of 7 business days from the date on which Buyer executes this Contract. if Buyer rye elects to cancel within the period provided, all funds or other property paid by Buyer will be refunded without penalty or 179 obligation within 20 days of the receipt of the notice of cancellation by the developer. 1eo 7. RISK OF LOSS; EMINENT DOMAIN: If any portion of the Property is materially damaged by casualty before closing, or lei Seller negotiates with a governmental authority to transfer all or part of the Property in lieu of eminent domain proceedings, or 1s2 if an eminent domain proceeding is initiated, Seller will promptly inform Buyer. Either party may cancel this Contract by written 1a3 notice to the other within 10 days from Buyer's receipt of Seller's notification, failing which Buyer will close in accordance with lea this Contract and receive all payments made by the government authority or insurance company, if any. 185 TITLE tee S. TITLE: Seller will convey marketable title to the Property by statutory warranty deed or trustee, personal representative or 187 guardian deed as appropriate to Seller's status. lee (a) Title Evidence: Title evidence will show legal access to the Property and marketable title of record in Seller in lea accordance with current title standards adopted by the Florida Bar, subject only to the following title exceptions, none of 190 which prevent Buyer's intended use of the Property lei as -- -- 102 covenants, easements and restrictions of record; matters of plat; existing zoning and government regulations; oil, gas and 193 mineral rights of record if there is no right o en • mant taxes; moWthOuyerwill assume; and encumbrances that lea Seller will discharge at or before closing. deliver to Buyer it1� ce of one of the following types of title 195 evidence, which must be generally accepted In the county where the Property is located (specify in Paragraph 5(c) the 196 selected type). Seller will use option (1) in Palm Beach County and option (2) in Dade County. 197 (1) A title insurance commitment issued by a Florida- licensed title insurer In the amount of the purchase price and ise subject only to title exceptions set forth in this Contract and delivered no later than 2 days before Closing Date. in (2) An existing abstract of this from a reputable and existing abstract firm (d firm Is not existing, then abstract must be 200 certified as correct by an existing firm) purporting to be an accurate synopsis of the Instruments affecting litie to the 201 Property recorded in the public records of the county where the Property is located and certified to Effective Date. 202 However if such an abstract Is not available to Seller, then a prior owners title policy acceptable to the proposed 203 Insurer as a base for reissuence of coverage. Seller will pay for copies of all policy exceptions and an update In a format 204 acceptable to Buyer's closing agent from the policy affective date and certified to Buyer or Buyers closing agent, 20 togetherwith copies of all documents recited in the prior policy and in the update. If a prior policy is not available to Seller Zoe then (1) above will be the title evidence. Title evidence will be delivered no later than 10 days before Closing Date. 207 (b) Title Examination: Buyer will examine the title evidence and deliver written notice to Seller, within 5 days from receipt 200 of title evidence but no later than 'Closing, kwthe- Uthrurwmketable Sellerwill— have – So-- days --frem 709 - •reseip� -nom n� ^f deLcts-CCurative Period's to cure the defects at Sellers expense. if Seller cures the defects 210 within the Curative Period, Seller will deliver written notice to Buyer and the parties a on on Closing 211 Date or within 10 days from Buyer's receipt of Sellers notice if Closing Date has passed. if Seller is unable to are the 212 defects within the Curative Period, Seller will deliver written notice to Buyer and Buyer will, within 10 days from receipt of 213 Sellers notice; either cancel this Contract or accept title with existing defects and close the transaction. 214 (c) Survey: Buyer may, prior to Closing Date and at Buyers expense, have the Property surveyed and deliver written notice 216 to Seiler, within 5 days from receipt of surrey but no later than 5 days prior to closing, of any encroachments on the 216 Property, encroachments by the Property's improvements on other lands or deed restriction or zoning violations. Any such 217 encroachment or violation will be treated in the same manner as a title defect and Buyers and sellers obligations will be 218 determined in accordance with subparagraph (b) above. 219 (d) Coastal Construction Control Line: If any part of the Property lies seaward of the coastal construction control line as 220 defined in Section 1e1.053 of the Florida Statutes, Seiler shall provide Buyer with an affidavit or survey as required by law 221 delineating the line's location on the Property, unless Buyer waives this requirement in writing. The Property being 222 purchased may be subject to coastal erosion and to federal, state, or local regulations that govern coastal property, 223 Including delineation of the coastal construction control line, rigid coastal protection structures, beach nourishment, and the 224 protection of marine turtles. Additional information can be obtained from the Florda Department of Environmental 226 Protection, Including whether there are significant erosion conditions associated with the shoreline of the Property being Me purchased. 227 j8( Buyer waives the right to receive a CCCL affidavit or survey. 228 MISCELLANEOUS 229 9, EFFECTIVE DATE; TIME; FORCE MAJEURE: 230 (a) Effective Date: The "Effective Date" of this Contract is the date on which the last of the parties initials or signs and 231 delivers final offer or counteroffer. Time is of the essence for all provisions of this Contract. 232 (b) Time: 253 All time periods expressed as days will be computed in business days (a 'business day" is every calendar day except 234 Saturday, Sunday and national legal holidays). If any deadline falls on a Saturday, Sunday or national legal holiday, 235 performance will be due the next business day. All time periods will end at 5:00 p.m. local time (meaning In the county 236 where the Property Is located) of the appropriate day. 237 Buyer (; ! U and $eller (_, U acknowledge receipt of a copy of this page, which is Page 4 of 7 Pages. w1r-9 Rw. 4107 O 2007 Fldida Anoddion d RMINS41. N Aphis rewrvad. Ucenud W IUra Star So WO- software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Reserved. (305) 279.8898 230 (c) Force Majeure: Buyer or Seller shall not be required to perform any obligation under this Contract or be liable to each 239 other for damages so long as the performance or non - performance of the obligation is delayed, caused or prevented by 240 an act of God or force majeure. An "act of God' or "force majeure" is defined as hurricanes, earthquakes, floods, fire. 24i unusual transportation delays, wars, insurrections and any other cause not reasonably within the control of the Buyer or 242 Seller and which by the exercise of due diligence- the non - performing party is unable in whole or in part to prevent or 243 overcome. All time periods, including Closing Date, will be extended (not to exceed 30 days) for the period that the force 244 majeure or act of God is in place. In the event that such "act of God" or "force majeure" event continues beyond the 30 245 days in this sub - paragraph, either party may cancel the Contract by delivering written notice to the other and Buyer's 246 deposit shall be refunded. 247 10. NOTICES: All notices shall be in writing and will be delivered to the parties and Broker by mail, personal delivery or 246 electronic media. Buyer's failure to deliver timely written notice to Seiler, when such notice Is required by this Contract, 249 regarding any contingencies will render that contingency null and void and the Contract will be construed as if the 2so contingency did not exist. Any notice, document or item delivered to or received by an attorney or licensee (including 251 a transaction broker) representing a party will be as effective as if delivered to or by that party. 252 11. COMPLETE AGREEMENT: This Contract is the entire agreement between Buyer and Seller. Except for brokerage 2s3 agreements, no prior or present agreements will bind Buyer, Seller or Broker unless incorporated Into this Contract 254 Modifications of this Contract will not be binding unless in writing, signed or initialed and delivered by the party to be bound. 255 This Contract, signatures, initials, documents referenced in this Contract, counterparts and written modifications 256 communicated electronically or on paper will be acceptable for all purposes, including delivery, and will be binding. 2s? Handwritten or typewritten terms inserted in or attached to this Contract prevail over preprinted terms. If any provision of this 258 Contract is or becomes invalid or unenforceable, all remaining provisions will Continue to be fully effective. Buyer and Seiler 259 will use diligence and good faith in performing all obligations under this Contract. This Contract will not be recorded in any 26o public records. 2e1 12. ASSIGNABILITY; PERSONS BOUND: Buyer may not assign this Contract without Seller's written consent. The terms 202 "Buyer', "Salter', and "Broker' may be singular or plural. This Contract is binding on the heirs, administrators, executors, 263 personal representatives and assigns (if permitted) of Buyer, Seller and Broker. 2N DEFAULT AND DISPUTE RESOLUTION 2ss 13. DEFAULT: (a) Seller Default: If for any reason other than failure of Seller to make Seller's title marketable after diligent 200 effort, Seller fails, refuses or neglects to perform this Contract, Buyer may choose to receive a return of Buyer's deposit 267 without waiving the right to seek damages or to seek specific performance as per Paragraph 14. Seller will also be liable to 2es Broker for the full amount of the brokerage fee. (b) Buyer Default: If Buyer fails to perform this' Contract within the time Zee specified, including l LWM I soHer- mey-ahoeee- to44awkvand- cailsct- all - deposits -paid -and agreed to be _ — — maid as liquidated damaga$L.t9�5.e1S sped performance as per Paragraph 14; and Broker will, upon demand, receive 50% -- v, of all deposits paid and agreed to be paid (to be split equa among r 272 14. DISPUTE RESOLUTION: This Contract will be construed under Florida law. All controversies, claims, and other matters in 273 question arising out of or relating to this transaction or this Contract or its breach wilt be settled as follows: 274 (a) Disputes concerning entitlement to deposits made and agreed to be made: Buyer and Seller will - have 30 days 275 from the date conflicting demands are made to attempt to resolve the dispute through mediation. If that fails, Escrow Agent 276 will submit the dispute, if so required by Florida law, to Escrow Agent's choice of arbitration, a Florida court or the Florida 277 Real Estate Commission. ( "FREC'). Buyer and .Seller will be bound by any resulting award, Judgment or order. A broker's 278 obligation under Chapter 475, FS and the FREC rules to timely notify the FREC of an escrow dispute and timely MONO the 279 escrow dispute through mediation, arbitration, Interpleader, or an escrow disbursement order, if the broker so chooses, 280 applies only to brokers and does not apply to title companies, attorneys or other escrow companies. 201 (b) Ali other disputes: Buyer and Seller will have 30 days from the date a dispute arises between them to attempt to 282 resolve the matter through mediation, failing which the parties will resolve the dispute through neutral binding arbitration in 203 the county where the Property is located. The arbitrator may not alter the Contract terms or award any remedy not provided 264 for in this Contract. The award will be based on the greater weight of the evidence and will state findings of fad and the 285 Contra"[ authority on which it is based. If the parties agree to use discovery, it will be in accordance with the Florida Rules 286 of Civil Procedure and the arbitrator will resolve all discovery- related disputes. Any disputes. with a real estate licensee 287 named In Paragraph 17 will be submitted to arbitration only if the licensee's broker consents in writing to become a party to Zee the proceeding. This clause will survive closing. Zee (c) Mediation and Arbitration; Expenses: "Mediation" is a process In which parties attempt to resolve a dispute by 290 submitting It to an impartial mediator who facilitates the resolution of the dispute but who is not empowered to Impose a 201 settlement on the parties. Mediation will be In accordance with the rules of the American Arbitration Association ("AANI or 292 other mediator agreed on by the parties. The parties will equally divide the mediation fee, it any. "Arbitration" is a process in 293 which the parties resolve a dispute by a hearing before a neutral person who decides the matter and whose decision is 294 binding on the parties. Arbitration will be in accordance with the rules of the AAA or other arbitrator agreed on by the parties. 295 Each party to any arbitration will pay its own fees, costs and expenses, including attorneys' fees, and will equally split the 296 arbitrators' fees and administrative fees of arbitration. In a civil action to enforce an arbitration award, the prevailing party to 297 the arbitration shall be entitled to recover from the nonprevalling party reasonable attomeys' fees, costs and expenses. 298 Buyer and Seller (---) C--- -- acknowledge receipt of a copy of this page, which is Page 5 of 7 Pages. VAC-9 Rev. 7 O 2007 AMda AesOde9On Of Reaaers®. AN Vile MSWV ' LtOenfed 1° #We Star SeRVwro. Software and Added Formatting Copyright 2007 Alta Star Software. Inc. All Rights Reaerved. (705) 2794898 299 ESCROW AGENT AND BROKER 3oa 15. ESCROW AGENT: Buyer and Seller authorize Escrow Agent to receive, deposit and hold funds and other items in escrow 301 and, subject to clearance, disburse them upon proper authorization and in accordance with Florida law and the terms of this 302 Contract, including disbursing brokerage fees. The parties agree that Escrow Agent will not be liable to any person for 303 misdelivery of escrowed items to Buyer or Seller, unless the misdeGvery is due to Escrow Agent's willful breach of this 304 Contract or gross negligence. If Escrow Agent interpleads the subject matter of the escrow, Escrow bent will pay the filing 305 fees and costs from the deposit and will recover reasonable attorneys' fees and costs to be paid from the escrowed funds or 3o6 equivalent and charged and awarded as court costs In favor of the prevalling party. All claims against Escrow Agent will be 307 arbitrated, so long as Escrow Agent consents to arbitrate. 308 16. PROFESSIONAL ADVICE; BROKER LIABILITY: Broker advises Buyer and Seller to verify all facts and representations 309 that are important to them and to consult an appropriate professional for legal advice (for example, interpreting contracts, 310 determining the effect of laws on the Property and transaction, status of title, foreign investor reporting requirements, the effect 3,1 of property lying partially or totally seaward of the Coastal Construction Control Line, etc.) and for tax, property condition, 312 environmental and other specialized advice. Buyer acknowledges that Broker does not reside in the Property and that all 313 representations (oral, written or otherwise) by Broker are based on Seller representations or public records. Buyer agrees to 314 rely solely on Seller, professional Inspectors and governmental agencies for verification of the Property condition and s1s facts that materially affect Property value. Buyer and Seger respectively will pay all costs and expenses, including 31e reasonable attorneys' fees at all levels, incurred by Broker and Broker's officers, directors, agents and employees in 317 connection with or arising from Buyers or Sellers misstatement or failure to perform contractual obligations. Buyer and Seller 318 hold harmless and release Broker and Broker's officers, directors, agents and employees from all liability for loss or damage 319 based on (1) Buyers or sellers misstatement or failure to perform contractual obligations: (2) Brokers performance, at 32o Buyer's andfor Sellers request, of any task beyond the scope of services regulated by Chapter 475, F.S., as amended, 321 including Broker's referral, recommendation or retention of any vendor; (3) products or services provided by any vendor; and 322 (4) expenses incurred by any vendor. Buyer and Seiler each assume full responsibility for selecting and compensating their 323 respective vendors. This paragraph will not relieve Broker of statutory obligations. For purposes of this paragraph, Broker will 324 be treated as a party to this Contract. This paragraph will survive closing. 325 17. BROKERS: The licensee(s) and brokerage(s) named below are collectively referred to as "Broker." Instruction to Closing 326 Agent: Seiler and Buyer direct closing agent to disburse at closing the full amount of the brokerage fees as speckled in 327 separate brokerage agreements with the parties and cooperative agreements between the brokers, exceptto the extent Broker 326 has retained such fees from the escrowed funds. In the absence of such brokerage agreements, closing agent will disburse 329 brokerage fees as indicated below. This paragraph will not be used to modify any KILS or other offer of compensation made by 330 Seller or listing broker to cooperating brokers. 331 N/A N/A 332 Selling Sales AssodfaWJcense No. Sebrig FimVVBrokerage Fee: ($ or % of Purchase Price) 333 334 usdng sales Assorxala Ucense No. Listing Fkai4kokerage Fee: (I or % of Purchase Price) _ 335 ADDITIONAL TERMS 336 18. ADDITIONAL TERMS: 337 See Addendum ash 339 840 341 342 343 3" 345 346 347 Buyer (, .�`� 1 L. __� and seller (i _j U acknowledge receipt of a copy of this page, which is Page 6 of 7 Pages. VAc.9 Rw. 4r07 0 2007 Florida AaodeAoa or Radars . AN rights reserved. Lcerow to Ab Star Software. Software and Added Formatting Copyright 2007 Alta Star Sottwaro, inc. All Rights R9served. (305) 2794898 348 349 350 351 352 353 3S4 955 356 357 358 This to intended to be a legally binding contract. if not fully understood, seek the advice of an attorney prior to signing. 359 OFFER AND ACCEPTANCE wo (Check If applicable: ❑ Buyer received a written real properly disclosure statement from Seller before making this Offer.) 361 Buyer offers to purchase the Property on the above terms and conditions. Unless this Contract is signed by Seller and a copy 362 delivered to Buyer no later than ❑ a.m. ❑ p.m. on this 3a3 offer will be revoked and Buyer's deposit refunded subject to clearance of funds. 364 COUNTER OFFER / REJECTION 3es ❑ Seller counters Buyer's offer (to accept the counter offer, Buyer must sign or initial the counter offered terms and deliver 386 a copy of the acceptance to Seller. Unless othervvise stated, the time for acceptance of any counteroffers shall be 2 days from 3e7 the date the counter is dernrered. ❑ Seller rejects Buyer's offer. wg6T ena.,r-IL )a MORI 1.1 —3 A Fiiei,ala. t,m„teA J" ". .- 4 C0^'P.'Y lay: rt;B'fA16�oy[�fPr'srrarCr AFtueldo Csrpe� �•r�� rf's ir:wrat,ruL mernBsR 369 Date: ' o? t- 2 Buyer. 369 Print name: = " ,,,. R. BuveC — — - -- 371 Phone: Print name: __,,, -• -- FaX e._�.n7e. t4a4 Adtlres :.. 1120 South Federal fthwatr Suh'e IV. Delray Beach, E12M 83483 372 373 City of Delray Beach, a Florida Municipal Corporadon 374 pale: Seller. 375 Print name: 37s Date: Seller. 377 Phone: Print name: 378 Fa:. Address: .iga N W F1rstAyenue alrajcBeaeh Florida 33/44 379 Email: Sea 1 Effective Date: (The date on which the last party signed or initialed and delivered the final offer or counteroffer.) 301 Buyer ( eJ ( t and Seller (� L__ _J acknowledge receipt of a copy of this page, which is Page 7 of 7 Pages. The Fiori" Association or REALTORS and k ow BmnUAssoclelim of REALTORS make no ropresenradon a to the lager vaddiity or adequwy of any provision of this form in any specific transaction. This steatdardized form should not be used in complex tranasdioru or with aodandve riders or additions. This form is ova9abla far we by the entire real ablate industry and is not intended to identify the user as a REALTOR. REALTOR is a registered collective membership mark lhad may be wad only by rem estate 9ceneass afio are member* of the NatWA Assoddion of REALTORS and who subscribe to No Code of Ethics. The copyNM was dthe Untied Stores (17 U.S. Code) forbid the unWhadzed reproduction of blank forma by arty meaansincluding faaimiie or computerized forme. VAC-9 Rev. 4fay O 2007 Florida Association of Rsaeon6. A9 rights resarvsd• Licensed to Aka Saar Software. Software and Added Formatting Copyright 2007 Alta Star Software, Inc. All Rights Reserved. (308) 2794898 LTA S011W.11 Addendum to Contract for Sale and Purc me Buyer: Vj b-.Sr CA KOV Ve.�rrU E? L[C� R Flor +da 1. +M,�ed I- .c,b�l� -'y Ca,r,pan� Seller: City of Delray Beach, a Florida Municipal Corporation Property: SEE ,lTAZ�HSO EX++ +B�'r 'A' The parties further agree as follows: 1. Buyer shall pay all closing costs, including without limitation, documentary stamp taxes on the deed, recording fees and title evidence. 2. Buyer may not assign this Contract. 3. Seller makes no representations or warranties concerning the occupancy of the Property. 4. Buyer shall notify Seller of any defects in title not less than ten (10) days prior to closing. Seller shall have no obligation to cure any defects in title. Buyer's sole remedy shall be to accept title to the Property "as is" and close the transaction, or to cancel the Contract. In the event Buyer elects to cancel the Contract, Buyer shall notify Seller of Buyer's option to cancel no later than the. date of closing. 5. Scher -shiffl convey title to tKe- s cct property by ui - aim ee . _._.. _..6. —1-13m. are no brokers involved in this transaction. All references to "Broker" in the Contract are hereby deleted. 7. Paragraphs (13) and (14) of the Contract are hereby deleted. In lieu thereof, the following is substituted: If Buyer fails to perform this Contract within the time specified, including payment of all deposits, the deposit(s) paid by Buyer and deposit(s) agreed to be paid, may be recovered and retained by and for the account of Seller as agreed upon liquidated damages, consideration for the execution of this Contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this Contract; or Seller, at Seller's option, may proceed in equity to enforce Seller's rights under this Contract. If for any reason other than failure of Seller to make Seller's title marketable after diligent effort Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. 8. Paragraph (16) of the Contract is hereby deleted. Page 1 of 3 Paragraph (17) of the Contract is hereby deleted. 10. This Contract is contingent upon its approval by the City of Delray Beach Commission. 11. PLOPERTY CONVEYED AS IS WHERE IS Except as otherwise provided in this Agreement, the Seller makes no warranty or representation regarding the title to the Property and makes no representation or warranty either expressed or implied regarding the condition, operability, safety, fitness for intended purpose, use, governmental requirements, development potential, utility availability, legal access, economic feasibility or any other matters whatsoever with respect to the Property. Buyer specifically acknowledges and agrees that the Seller shall convey the Property on an "AS IS, WHERE IS, AND WITH ALL FAULTS" basis and that, except for the Seller's representations and warranties specifically set forth in this Agreement, Buyer is not relying on any representations or warranties of any kind whatsoever, express or implied, by Seller or its respective agents, officers, or employees, as to any matters concerning the Property including, without limitation, any matters relating to (1) the quality, nature, adequacy, or physical condition of the Property (2) the quality, nature, adequacy or physical condition of soils, fill, geology, or any groundwater, (3) the existence, quality, nature, adequacy or physical condition of utilities serving the Properly, (4) the development potential, income potential, expenses of the Property (5) the property' value, use, habitability, or merchantability, (6) the fitness, suitability, or adequacy of the Property for any particular use or purpose, (7) the zoning or other legal status of the Property, (8) the compliance of the Property or its operation with any applicable codes, laws, rules, regulations, statutes, ordinances, covenants, judgments, orders, directives, decisions, guidelines, conditions, or restrictions of any governmental or quasi - governmental entity or of any other person or .entity, including, without limitation, environmental person or en ty, inclWifig wl&= lftnitstivt� environmental laws a presence o - -- hazardous or-toxic matter on, under, or about the Property or adjoining or neighboring property, (10) the freedom of the Property from latent or apparent defects, (11) peaceable possession of the property (12) environmental matters of any kind or nature whatsoever relating to the Property (13) any development order or agreement, or (14) any other matter or matters of any nature or kind whatsoever relating to the Property or any improvements located thereon. The Seller shall not have any obligation to repair, replace, or remediate the Property or any portion thereof, and Buyer understands that the Property is conveyed "AS IS." As used herein, the term "Hazardous Materials" means (i) those substances included within the definitions of "hazardous substances", "hazardous materials ", "toxic substances" or "solid waste" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980,42 U.S.C. §960 et seq., the Resource Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq., the Hazardous Materials Transportation Act, 49 U.S. C. §1801 et seq., or the Clean Water Act, 33 U.S.C. §1321 et seq., as amended, and in the regulations promulgated pursuant thereto; (ii) those substances listed in the United States Department of Transportation Table (49 CFR § 172.101) or by the Environmental Protection Agency as "hazardous substances ", "hazardous materials ", "toxic substances" or "solid waste ", (iii) such other substances, materials and wastes which are regulated, or classified as hazardous or toxic, under applicable local, state or federal laws, ordinances or Page 2 of 3 s regulations; and any material, waste or substance which is petroleum, asbestos, polychlorinated, biphenyls, flammable explosives or radioactive materials. Notwithstanding the foregoing, from and after the Effective Date, Seller shall operate and maintain the Property and shall cause the Property to be operated and maintained in a manner generally consistent with past practices and in a manner fully compliant with applicable law and the Seller shall reasonably endeavor to prevent the introduction of any Hazardous Materials onto the Property, reasonable wear and tear excepted. 12. GOVERNMENTAL FUNCTIONS: Notwithstanding anything to the contrary contained in this Contract: a. Eventhoughthe Cityhas certaincontractual obligationsunderthis Contractsuch obligations shall not relieve any person subject to this Contract from complying with all applicable governmental regulations, rules, laws, and ordinances. b. To the. extent approval or permission must be obtained from the City, such approval or permission shall be granted or denied in accordance with applicable governmental regulations, rules, laws, and ordinances, and no person shall have any vested rights. C. The City has not waived its sovereign immunity and the limits of tort liability set forth in F. S. § 768.28 (5X2008) of $100,000.00 per person and $200,000.00 per occurrence shall apply; d. y action y ity RW 67e wimoutprejumce . or impairment or waiver of, or otherwise affect City's rightto exercise its discretion in connection with . its governmental or quasi - gover=nmental fimcdons. wtE$T CoRgIR. US►YNrtfi, LWII A FLORIDA I- IMI-M.0 i.�AB�uTY Cam�A.t�l, $y: rt�'fAfL CaNC�Prs, /+SC„ era m�dAGia(, �'►eryt'8aie - .. .�?- a8' -1Z Date Date CITY OF DELRAY BEACH, a Florida Municipal Corporation BY: Nelson S. McDuffie, Mayor Page 3 of 3 Hm 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS —OF —WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5. THE 'DESCRIPTION' SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. REPLAT OF THE EAST HALF (E 112) OF THE WEST HALF (W 1/2) OF LOT 29, AND THE WEST HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 29 OF MAP FILED IN PLAT BOOK 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS —OF —WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 7, 2012. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. 11 SHEET 1 OF 2 CAULFIELD & WHEELER, INC. Na, CIVIL ENGINEERING -- LAND SURVEYING A 7301A W. PALMETTO PARK ROAD — SUITE 100A BOCA RATON, FLORIDA 33433 ' PHONE (561) -392 -1991 / FAX (561)- 750 -1452 ESQUIRE UBDI SIO THE WEST 15 FEET OF THE EAST 215 FEET LOT 16 ADAkir -- I! JEFFREY R. WAGNER, P.L.S. REG. LAND SURVEYOR #5302 STATE OF FLORIDA — LB #3591 DATE 2/7/12 DRAWN BY ACE F.B. PG. N LA SCALE AS SHOWN JOB N0. 4775 AlEr"ArM 0 . ORB : OFFICIAL RECORDS BOOK R/W RIGHT OF WAY -L 0 DELTA (CENTRAL ANME) P-37 ON I= L . ARC LENGTH n 4 I• '• I R . RADIUS j o ` CB -CATCH BASIN 3 I I SOUTH LINE LOT 12 caw. ] APRON I SOUTH L91E LOT 12 r NORTH LINE LOT 13 LE -19A4 -NAm u..lal0w (S) I. Ia..iasxwl 15.00' O LOT 13� LOT 1 3 i 1 215.00' I 6 WOOD v 3 V. SOUTH LINE LOT 13 NORTH UNE LOT 13 NORTH LINE LOT 14 W NORTH LINE LOT 14 SB6'45'49'W 64.22' v LOT 14 LOT 14` I g V u +k ONONm�7 I b 11AON SOUTH LINE LOT 14 F:B. eew rtw nuF LAT 14 _ - .__....:..� ... .a N s W LOT 15 LOT 15 z I N66'46'49'E 62.3T 0= ..- NBB'46'49'E SOUTH UNE LOT 15 200.15' P, I sow SOUTH LINE LOT 15 NORTH LINE LOT 16 NORTH LINE LOT 18 N e u 215.00' s s LOT 18 ' LOT 16� 15.00' ,,. RIN.150.6i\ ONT- IF-WAY (ASPHALT ROADWAY) — — — Pa.CO CDNC. r SHEET 2 OF 2 CAULFIELD & WHEELER, INC. :Mr CIVIL ENGINEERING - LAND SURVEYING 7301A W. PALMETTO PARK ROAD -SUITE 100A BOCA RATON, FLORIDA 33433 - PHONE (561)- 392 -1991 / FAX (561) -750 -1452 ESQUIRE SUBDIVISION THE WEST 15 FEET OF THE EAST 215 FEET LOT 16 DATE 2 2/7/1 2 SHOWN JOB N0. 4775 .1.1 1 n SI LLYlLii+ 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. SURVEY MAP OR THE COPIES THEREOF ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED PROFESSIONAL LAND SURVEYOR. 3. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 4. BEARINGS SHOWN HEREON ARE RELATIVE TO AN ASSUMED DATUM. 5. THE 'DESCRIPTION' SHOWN HEREON WAS PREPARED BY THE SURVEYOR. 6. ADDITIONS OR DELETIONS TO SURVEY MAPS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OR PARTIES. 7. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. DEXIM 11 RFPI AT OF THE EAST HALF (E 1/2) OF THE WEST HALF (W 1/2) OF LOT 29, AND THE III WEST HALF (W 1/2) OF THE EAST HALF (E 1/2) OF LOT 29 OF MAP FILED IN PLAT BOON 1, PAGE 4, PALM BEACH COUNTY RECORDS IN SOUTHWEST QUARTER (SW 1/4) SECTION 20, TOWNSHIP 46 SOUTH, RANGE 43 EAST, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 43, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, SAID LANDS SITUATE IN THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 7, 2012. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 472.027. SHEET 1 OF 2 CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND SURVEYING r 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561) -392 -1991 / FAX (561)- 750 -1452 ESQUIRE SOBDIVISION THE WEST 15 FEET OF THE EAST 215 FEET LOT 13 ABANDONMENT I JEFFREY R. WAGNER, P.L.S. REG. LAND SURVEYOR #5302 STATE OF FLORIDA - LB #3591 DATE 2 2/7/12 ORB +EW q RECORDS BOON R/W + RIGHT OF WAY D +DELTA (CENTRAL ANGLE) L + ARC LENGTH R + RADIUS ° o CO-CATCH BASIN o$'^ CONC. ] APRON I I V I so OIAli�C�fGLL ON FEEA 15.01 NW4X58'E Sa!Tu L NE LOT SC- 111100 15.00' LOT 13 J wow I L.P. 1 LP. 1 SOUTH LINE LOT 13 NORTH LINE LOT 14 5 568.46'4919 64.22' LOT 14 LOT 15 I 15.00' ....... ... _. NBS'4W49'E 62.37 SOUTH LINE LOT 15 NORTH UNE LOT 15 LOT 13 LOT 14 LOT 15 NORTH LINE LOT 13 215.00' SOUTH LINE LOT 13 NORTH LINE LOT 14 15 NBB'46'49'E SDUTN LINE LOT 15 200.15' NORTH LINE LOT 16 215.00' s LOT 16 LOT 16 C9. 50 XY RIM -14.96 200 RIGHT— W—WAY CONC SBB' '49'W SW 11th STREET (A6PHALT ROADWAY) — CONC. ' APR HEET 2 OF 2 rA,ULFIELD & WHEELER, INC. CIVIL ENGINEERING — LAND SURVEYING 7301A W. PALMETTO PARK ROAD — SUITE 1DOA BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 ESQUIRE SUBDIVISION THE WEST 15 FEET OF THE EAST 215 FEET LOT 13 ABANDONMENT 11 W I� I H 9 5 li .I I< O W al �I s 8 ]I e m m g W DATE 2/7/12 DRAWN BY ACE F.B. PG. N/A SCALE AS SHOWN JOB NO. 4775 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 14, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 ORDINANCE NO. 09 -12 ITEM BEFORE COMMISSION Approval of a city - initiated amendment to the Land Development Regulations (LDRs) that will expand the definition of "Restaurant ". BACKGROUND Over the last several years, the City has become increasingly aware that some establishments in the downtown area that are approved as restaurants transform into stand -alone bars and nightclubs after a certain hour of the evening. When this occurs, the uses are in violation because they either become stand -alone bars for which they are not approved, and/or they fail to satisfy the requirements for operation as a restaurant. To help remedy this situation and to make the Land Development Regulations even more clear, the current definition of restaurant is being expanded. To avoid such establishments from becoming dance clubs, language is added that requires that all tables, chairs and counter areas are to remain available for full course meal service during all hours of operation. New language is added that states that "stand alone bar facilities serving food" do not qualify as bona fide restaurants. Finally, the definition is strengthened to require that service of full course meals must be available at all times that alcoholic beverages are being served. REVIEW BY OTHERS The Pineapple Grove Main Street Committee reviewed the item at their March 7, 2012 meeting and recommended approval, subject to adding language that would allow restaurants to move some tables to provide space for entertainment venues (i.e., bands, music, etc.) The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting and recommended approval on a 4 -0 vote. RECOMMENDATION By motion, approve Ordinance No. 09 -12 on first reading for a city- initiated amendment to the Land Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and Components for Restaurant Uses, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 09 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING APPENDIX "A ", "DEFINITIONS ", TO EXPAND THE DEFINITION OF "RESTAURANT (BONA FIDE)" TO CLARIFY REQUIRED OPERATIONS AND COMPONENTS FOR RESTAURANT USES, PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to Land Development Regulation Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing on February 27, 2012 and voted 4 to 0 that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the changes are consistent with and furthers the objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A ", "Definitions" be and the same is hereby amended by amending the definition of "Restaurant (Bona Fide)" to read as follows: RESTAURANT (BONA FIDE) (a) A bona fide restaurant shall mean an establishment engaged primarily in the service of food where the sale or service of alcoholic beverages is incidental to the sale and service of food. A cafeteria or fast food establishment shall be deemed a bona fide restaurant for the purposes of zoning classification. All other establishments must meet the following criteria: 1. A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full course meals; a. Full course meals shall include a salad or vegetable, entree and dessert. 2. A bona fide restaurant must have full kitchen facilities, which are located in a completely enclosed room, under roof of the main structure, or in an interior court and food preparation staff capable of preparing and serving full course meals during all hours of operation. 3. A bona fide restaurant must have a customer service area consisting of tables, chairs or customer counters. The tables or customer counters within the customer service area must be of adequate size to accommodate the service of full course meals. All tables, chairs and counter areas are to remain available for this full course meal service during all hours of operation; tables and seating cannot be cleared away to accommodate other activities, such as a dance floor or other open occupancy areas. 4. In order for tables, chairs or customer counters to be included in the customer service area, the service of full course meals must be available at each seat or chair at each table or customer counter in accordance with the following: a. The total number of seats or chairs at the tables, customer counters and bars within the customer service area must be sufficient to accommodate the maximum occupant load of the restaurant; b. The full occupant load shall be determined in accordance with the provisions of the standard Florida Building Code or its successor code. 5. A bona fide restaurant must have the appropriate license issued by the state as well as all municipal or county permits required by law, and must meet all local zoning requirements. Facilities qualifying for "stand alone bar facilities serving food ", pursuant to Fla. Statute 386.203(l 1), do not qualify as bona fide restaurants. 6. Service of full course meals must be available at all times alcoholic beverages are being served. 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 passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of 2012. ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 09 -12 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 27, 2012 AGENDA NO: V. B. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING APPENDIX "A" DEFINITIONS, TO EXPAND THE DEFINITION OF "RESTAURANT" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will expand the definition of "Restaurant ". Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS Over the last several years, the City has become increasingly aware that some establishments in the downtown area that are approved as restaurants transform into stand -alone bars and nightclubs after a certain hour of the evening. When this occurs, the uses are in violation because they either become stand -alone bars for which they are not approved, and /or they fail to satisfy the requirements for operation as a restaurant. To help remedy this situation and to make the Land Development Regulations even more clear, the current definition of restaurant is being expanded. To avoid such establishments from becoming dance clubs, language is added that requires that all tables, chairs and counter areas are to remain available for full course meal service during all hours of operation. New language is added that states that "stand alone bar facilities serving food" do not qualify as bona fide restaurants. Finally, the definition is strengthened to require that service of full course meals must be available at all times that alcoholic beverages are being served. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. Planning and Zoning Board Staff Report February 27, 2012 Definition of "Restaurant" REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed the item at their February 13, 2012 meeting and a unanimous recommendation of approval was made, but suggested that language be added to state that the kitchen staff be on hand at all times. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their February 14, 2012 meeting and a unanimous recommendation of approval was made. The Community Redevelopment Agency (CRA) reviewed the item at their February 23, 2012 meeting and a unanimous recommendation of denial was made. The CRA Board felt that if restaurants desired to move away tables and chairs at a certain point of the evening, and thereby transition into a dance floor /night club, that such an option should be available. The Pineapple Grove Main Street (PGMS) committee will review the item at their March 7, 2012 meeting and their recommendation will be forwarded to the City Commission. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed amendment will help to further clarify the required operations and components for a use to qualify as a restaurant. This should help to curb the conversion activities that are becoming more prevalent. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and Components for Restaurant Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and Components for Restaurant Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). 2 Planning and Zoning Board Staff Report February 27, 2012 Definition of "Restaurant" RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Appendix A, "Definitions ", to Clarify Required Operations and Components for Restaurant Uses, by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: Draft Language 3 MEMORANDUM TO: Mayor and City Commissioners FROM: MARK MCDONNELL, AICP, ASST. DIRECTOR PLANNING AND ZONING PAUL DORLING, AICP, DIRECTOR PLANNING AND ZONING THROUGH: CITY MANAGER DATE: March 14, 2012 SUBJECT: AGENDA ITEM 12.B. - REGULAR COMMISSION MEETING OF MARCH 20, 2012 ORDINANCE NO. 10 -12 ITEM BEFORE COMMISSION Approval of a city- initiated amendment to the Land Development Regulations (LDRs) that will clarify parking requirements for delicatessen and similar uses, identify how sidewalk cafe components can be utilized for these uses, and to provide a new definition for delicatessen. BACKGROUND The primary purpose of this amendment is to clarify parking requirements for delis, sandwich shops, coffee shops, and sub shops, and to identify how sidewalk cafe components can be utilized for these uses, and to provide a new definition for delicatessen. An additional change is included to clarify where sidewalk cafes can be established by modifying the current reference from "public space" to "in front of public open space plazas adjacent to the business ". Delicatessen uses, along with ice cream stores, sandwich shops, sub shops, coffee shops, and other similar uses with no indoor seating are considered `take -out only' facilities and are assessed a general commercial parking requirement. If these uses have indoor seating, they are more akin to restaurant uses and the restaurant parking requirement is applied. These take -out uses are allowed to have sidewalk cafes where take -out products could be consumed. Additional clarification is provided in the sidewalk cafe section of the LDRs that limit sidewalk cafe operations for take -out facilities to take -out food only. Waiter /waitress service to tables is only allowed for restaurants or facilities which have been assessed restaurant parking requirements. The amendment also modifies the reference to "open space" in the sidewalk cafe regulations to reflect "public open space plazas ". Finally, a definition for Delicatessen is provided to further help regulate and provide a distinction from restaurant uses. REVIEW BY OTHERS The Pineapple Grove Main Street Committee reviewed the item at their March 7, 2012 meeting and recommended approval. The Planning and Zoning Board reviewed the item at their February 27, 2012 meeting and a recommendation for approval on a 4 -0 vote was made. RECOMMENDATION By motion, approve Ordinance No. 10 -12 on first reading for a city- initiated amendment to the Land Development Regulations, Appendix "A ", "Definitions" By Enacting A New Definition Of "Delicatessen"; By Amending 4.6.9, "Off- Street Parking Regulations ", Subsection (C)(3)(D), "Restaurants "; And Section 6.3.3(F), "Regulations Governing The Use, Design, And Maintenance Of A Sidewalk Cafe ', To Clarify Parking Requirements And Sidewalk Cafe Components For Delicatessens And Similar Uses , by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5 (M) of the Land Development Regulations. ORDINANCE NO. 10 -12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING APPENDIX "A ", "DEFINITIONS" BY ENACTING A NEW DEFINITION OF "DELICATESSEN "; BY AMENDING 4.6.9, "OFF - STREET PARKING REGULATIONS ", SUBSECTION (C)(3)(D), "RESTAURANTS "; AND SECTION 6.3.3(F), "REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFE ", TO CLARIFY PARKING REQUIREMENTS AND SIDEWALK CAFE COMPONENTS FOR DELICATESSENS AND SIMILAR USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Planning and Zoning Board reviewed the proposed text amendment at a public hearing held on February 27, 2012 and voted 4 to 0 to recommend that the changes be approved; and WHEREAS, pursuant to Florida Statute 163.3174(4)(c), the Planning and Zoning Board, sitting as the Local Planning Agency, has determined that the change is consistent with and furthers the goals, objectives and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach adopts the findings in the Planning and Zoning Staff Report; and WHEREAS, the City Commission of the City of Delray Beach finds the ordinance is consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations set forth above are incorporated herein. Section 2. That the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, Appendix "A ", "Definitions" be and the same is hereby amended by enacting a new definition of "Delicatessen" to read as follows: Delicatessen (Deli) An establishment where food is sold primarily for consumption off premise, and no counters or tables for in -store consumption of food are provided, but excludes grocery and supermarkets. These providers shall be licensed under Florida Department of Business Professional Regulation as a deli (non - eating establishment. Section 3. That Section 4.6.9, "Off- Street Parking ", Subsection "4.6.9(C), "Number of Parking Spaces Required ", Sub - Subsection 4.6.9(C)(3), "Requirements for Commercial Uses ", Paragraph (d), "Restaurants ", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (d) Restaurants: Inclusive of drive -ins, drive -thru, snack shops, night clubs, lounges shall provide 12 spaces per 1,000 square feet of gross floor area up to 6,000 sq.ft. and then 15 spaces per 1,000 sq.ft. of gross floor area over the initial 6,000 sq.ft. All other uses (deli, sandwich shops, coffee shops, sub shops, etc.) not classified as a restaurant, but otherwise qualifying for a sidewalk cafe permit which have no inside seating shall be considered a general commercial use with respect to parking requirements. All other uses (deli, sandwich shops, coffee shops, sub shops, etc.) which have inside seating shall be considered a restaurant use with respect to parking requirements. Section 4. That Section 6.3.3, "Use and Work in the Public Right of Way ", Subsection "6.3.3, "Sidewalk Cafe", Paragraph (F), "Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe", of the Land Development Regulations of the Code of Ordinances of the City of Delray Beach, Florida, be and the same is hereby amended to read as follows: (F) Regulations Governing the Use, Design, and Maintenance of a Sidewalk Cafe: (1) A sidewalk cafe shall only be established in conjunction with a legally established restaurant or business, where the food product is prepared, processed, or assembled on the premises (for example: deli, ice cream store, eandy store, sandwich shop) where the food product preparation is the main or sole purpose of the business. A business that prepares, processes or assembles food on the premises, where such food preparation or assemblage is not the main or sole purpose of the business shall not be allowed to establish a sidewalk cafe. (2) A sidewalk cafe may only be established in front of the business or along a side street adjacent to the business, or in front of public open space plazas adjacent to the business, and such businesses immediately adjacent to the business with which the sidewalk cafe is associated. The sidewalk cafe shall not be established adjacent to a travel lane or on- street parking, unless there is no ability to establish a sidewalk cafe adjacent to the storefront, in which case a sidewalk cafe may be located adjacent to a traffic lane or street parking as long as a five foot clear pedestrian path is provided and the tables and associated chairs provide a minimum setback of 2' from the vehicular travel lane and associated curbing. This 2' setback does not apply when the tables are immediately adjacent to on street parking. (3) Alcoholic beverages may be consumed at a sidewalk cafe. (4) The use of the tables and chairs at a sidewalk cafe shall be only for the customers of the business with which the sidewalk cafe is associated. Tables, chairs, umbrellas, barriers and other objects associated with a sidewalk cafe shall be of quality design, materials and workmanship both to ensure the safety ORD. NO. 10 -12 and convenience of users and to enhance the visual and aesthetic quality of the urban environment, as previously approved by the City and as shown and depicted in the approved Sidewalk Cafe permit. Deleted number (5) and renumbered. (5) Sidewalk cafe operators shall maintain a clear pedestrian path of a minimum of five feet (5') at all times. The five foot (5') clear pedestrian path shall be parallel to the street and /or alley. In the event a five foot (5') clear pedestrian path adjacent to the curb is interrupted by street furniture, trees, tree grates or similar impediments, then the sidewalk cafe operator may provide for a five foot (5') clear pedestrian path commencing from the edge of the impediment closest to the building facade for a distance of five feet (5') towards the building. In areas of higher pedestrian traffic or activity or if conditions are such that additional clearance is required to assure safe pedestrian travel, additional clear space shall be required. A clear pedestrian path greater than five feet (5') may be required on sidewalks with an adjacent traffic lane. (6) A "No Table Zone" is hereby established. No sidewalk cafe tables or chairs shall be located within the "No Table Zone ". The "No Table Zone" is that area located at the intersections of Atlantic Avenue with any side street, within fifteen feet (15') of the extended curb line. The fifteen feet (15') will be measured perpendicular to the street from the extended curb. For non - Atlantic Avenue intersections, the "No Table Zone" shall be ten feet as measured above. (7) The sidewalk cafe area is to be segregated from the pedestrian pathway by means of barriers such as planters, railings or other similar moveable fixtures or other clearly visible demarcation. No part of the barrier shall be located within the required 5' clear pedestrian pathway as defined in subsection (5) above. (8) In addition to previously approved business signs, the sidewalk cafe may have one of the following signs: (a) A wall mounted menu board sign that does not exceed three square feet (3 sq.ft.). (b) A free standing easel or art object that does not exceed five feet (5') in height that holds a menu board with a sign face not to exceed six square feet (2 ft. x 3 ft.). (c) Logos upon table umbrellas. The free standing easel or art object must be placed immediately in front of the business in the permitted sidewalk cafe area. These signs shall not require further Site Plan Review and Appearance Board approval and are an exemption to requirements with the City's sign code. Portable signs shall be prohibited except as allowed in Section 4.6.7 (E) (3) (d) Grand Opening Portable Signs. (9) Use area and /or seating capacity realized through a sidewalk cafe use and contiguous outdoor dining areas shall not invoke provisions of the zoning code as they pertain to parking or other matters. (10) Food may be carried to tables by patrons or served by a table waiter /waitress for all uses that have been assessed restaurant parking requirements. All other uses that have been assessed general commercial parking requirements, but otherwise qualifying for sidewalk cafe permit, shall be for take -out food only (food may be carried to tables by patrons; no waiter /waitress service is allowed . The use of food preparation stations, trash receptacles and cash registers are prohibited within the sidewalk cafe area. ORD. NO. 10 -12 (11) The use of carpeting, artificial turf, or other services of any kind must be approved as a part of the sidewalk cafe application. (12) All services provided to patrons of a sidewalk cafe and all patron activity (i.e., sitting, dining, etc.) shall occur within the designated sidewalk cafe area, and shall not impinge on the required 5' clear distance for pedestrian passage at any time. (13) Hours of operation shall be the same as the associated businesses. (14) The area covered by the permit, including the sidewalk, curb and gutter immediately adjacent to it, shall be maintained in a clean, neat, attractive and orderly manner at all times and the area shall be cleared of all debris and stains on a periodic basis during the day and again at the close of each business day, ensuring a tidy appearance. The permittee shall also be responsible to pressure clean the sidewalk surface on which the sidewalk cafe is located at least once a week or more frequently, if needed and pick up all litter and debris including litter and debris in the landscaped areas adjacent to the sidewalk cafe area under permit. (15) No tables, chairs, or any other part of sidewalk cafes shall be attached, chained, or in any manner affixed to any tree, post, sign or other fixtures, curb or sidewalk within or near the permitted area. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2012. ATTEST MAYOR City Clerk First Reading Second Reading ORD. NO. 10 -12 PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: FEBRUARY 27, 2012 AGENDA NO: V. C. AGENDA ITEM: CONSIDERATION OF A CITY - INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS (LDR), BY AMENDING APPENDIX "A" DEFINITIONS, TO PROVIDE A DEFINITION OF "DELICATESSEN ", SECTION 4.6.9 "OFF- STREET PARKING REGULATIONS ", AND ARTICLE 6.3 "USE AND WORK IN THE PUBLIC RIGHT OF WAY ", SUBSECTION 6.3.3, "SIDEWALK CAFE ", TO CLARIFY REQUIRED PARKING, AND TO CLARIFY THE CHARACTERISTICS OF A DELICATESSEN. ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission regarding a city - initiated amendment to the Land Development Regulations (LDRs) that will clarify parking requirements for delicatessen and similar uses, and to identify how sidewalk cafe components can be utilized for these uses, and to provide a new definition for delicatessen. Pursuant to Section 1.1.6, an amendment to the text of the Land Development Regulations may not be made until a recommendation is obtained from the Planning and Zoning Board. BACKGROUND /ANALYSIS The primary purpose of this amendment is to clarify parking requirements for delis, sandwich shops, coffee shops, and sub shops, and to identify how sidewalk cafe components can be utilized for these uses, and to provide a new definition for delicatessen. An additional change is included to clarify that a sidewalk caf6 can be established in front of the business or alongside a side street adjacent to a business or public open space Ip azas (i.e., current reference to "public space" is being modified to read "public open space plazas "). A delicatessen use, along with ice cream stores, sandwich shops, sub shops, coffee shops, and other similar uses with no indoor seating are considered `take -out only' facilities and are assessed a general commercial parking requirement. If these uses have indoor seating, they are more akin to restaurant uses and the restaurant parking requirement is applied. These take -out uses are allowed to have sidewalk cafes where take -out products could be consumed. Additional clarification is provided in the sidewalk cafe section of the LDRs that limit sidewalk cafe operations for take -out facilities to take -out food only. Waiter service to tables is only allowed for restaurants or facilities which have been assessed restaurant parking requirements. The amendment also clarifies that sidewalk cafes allowed in public space adjacent to the front or side street of a business or public space refers to public open space plaza areas (like Worthing Park) for which the public space language was originally envisioned. Planning and Zoning Board Staff Report February 27, 2012 Delicatessen Finally, a definition for Delicatessen is provided to further help regulate and provide a distinction from restaurant uses. REQUIRED FINDINGS Comprehensive Plan Conformance LDR Section 2.4.5(M)(5) (Findings) requires that the City Commission make a finding that the text amendment is consistent with and furthers the Goals, Objectives and Policies of the Comprehensive Plan. While there were no specific sections of the Comprehensive Plan to support the proposed amendment, it is not inconsistent with the Comprehensive Plan. REVIEW BY OTHERS The Downtown Development Authority (DDA) reviewed the item at their February 13, 2012 meeting and a unanimous recommendation of approval was made, but suggested that language be added to state that food must be packaged as "take -out" with utensils. The West Atlantic Redevelopment Coalition (WARC) reviewed the item at their February 14, 2012 meeting and a unanimous recommendation of approval was made, but with the suggestion that the full term "delicatessen" be used, and with the shortened nickname of "deli" be included in parenthesis. The Community Redevelopment Agency (CRA) reviewed the item at their February 23, 2012 meeting and a consensus was reached to recommend approval. The Pineapple Grove Main Street (PGMS) committee will review the item at their March 7, 2012 meeting and their recommendation will be reported at the City Commission meeting. Courtesy Notices Courtesy notices were provided to the following homeowner and civic associations: • Neighborhood Advisory Council • Alliance of Delray Letters of objection and support, if any, will be provided at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed ordinance will provide a distinction between restaurants and delicatessens which will help to regulate such uses, allow application of the appropriate parking ratio assignment, and clarify appropriate utilization of related sidewalk cafe operations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the amendment to Land Development Regulations, Appendix A Definitions to provide a definition for Delicatessen, 2 Planning and Zoning Board Staff Report February 27, 2012 Delicatessen Section 4.6.9, "Off -site Parking Regulations ", and Subsection 6.3.3, "Sidewalk Cafe", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M) C. Move a recommendation of denial to the City Commission of the amendment to Land Development Regulations, Appendix A Definitions to provide a definition for Delicatessen, Section 4.6.9, "Off -site Parking Regulations ", and Subsection 6.3.3, "Sidewalk Cafe ", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in LDR Section 2.4.5(M) (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval of the amendment to Land Development Regulations, Appendix A Definitions to provide a definition for Delicatessen, Section 4.6.9, "Off -site Parking Regulations ", and Subsection 6.3.3, "Sidewalk Cafe", by adopting the findings of fact and law contained in the staff report, and finding that the text amendment and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(M). Attachment: . Draft Language 3