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05-01-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, May 1, 2012 Regular Meeting 6:00 p.m. Public Hearings 7:00 p.m. Delray Beach City Hall 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order of presentation being as follows: City Staff, public comments, Commission discussion and official action. City Commission meetings are business meetings and the right to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or presiding officer has discretion to adjust the amount of time allocated. A. Public Hearings: Any citizen is entitled to speak on items under this section. 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. April 3, 2012 – Regular Meeting 6. PROCLAMATIONS: A. Better Hearing Month -May 2012 B. Civility Month – May 2012 C. National Day of Prayer – May 3, 2012 D. Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day – May 12, 2012 E. Water Reuse Week – May 21-26, 2012 F. National Missing Children’s Day – May 25, 2012 7. PRESENTATIONS: A. NONE 8. CONSENT AGENDA: City Manager Recommends Approval A. RIGHT-OF-WAY DEED ACCEPTANCE/119 S.W. 4TH AVENUE: Accept a right-ofway deed for the dedication of 2’ of alley right-of-way associated with improvements on the property located at 119 S.W. 4th Avenue. B. CONSULTING AGREEMENT/ANGELA BAILUS: Approve a Consulting Agreement with Angela Bailus in the amount of $19,000.00 to review, update and submit the 2012 Non Ad Valorem Storm Water Tax Roll. Funding is available from 448-5411-538-31.90 (Storm Water Utility Fund: Professional Services/Other Professional Services). C. RESOLUTION NO. 03-12: TRI-PARTY AGREEMENT/FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)/CSX TRANSPORTATION, INC. (CSXT): Approve Resolution No. 03-12; authorizing the execution of a Tri-Party Agreement with the Florida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSXT) in the amount of $205,406.00 for rehabilitation of the S.W. 10th Street crossing. Funding is available from 334-3162-541-46.90 (General Construction Fund: Repair & Maintenance Services/Other Repair/Maintenance Costs). D. SERVICE AUTHORIZATION NO. 12-01/CALVIN, GIORDANO & ASSOCIATES, INC.: Approve Service Authorization No. 12-01 with Calvin, Giordano & Associates, Inc. in the amount of $34,977.05 for the design of Fire HQ Public Plaza. Funding is available from 334-2311-522-68.71 (General Construction Fund: Other Improvements/Fire HQ Public Plaza). E. SERVICE AUTHORIZATION NO. 12-01/KIMLEY HORN AND ASSOCIATES, INC.: Approve Service Authorization No. 12-01 to Kimley Horn and Associates, Inc. in the amount of $55,594.60 for design of the N.E. 3rd Avenue Streetscape Project. Funding is available from 334-3162-541-68.72(General Construction Fund: Other Improvement/N.E. 3rd Ave Street Scape). F. REQUEST TO ATTEND THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) CONFERENCE: Approve a request for Frank Babin, Risk Manager, to attend the Florida Municipal Insurance Trust (FMIT) Conference on May 21-23, 2012. G. AGREEMENT/O’BRIEN RESPONSE MANAGEMENT, INC.: Approve an agreement with O’Brien Response Management, Inc. to provide post-hurricane services for debris management and FEMA claims administration. H. FIRST AMENDMENT TO AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY: COMMUNITY REDEVELOPMENT AGENCY (CRA)/421 S.W. 5TH AVENUE: Approve a First Amendment to the Agreement for Purchase and Sale of Real Property between the City and the Community Redevelopment Agency (CRA), to provide an extension of the title objection period. I. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period April 16, 2012 through April 27, 2012. J. AWARD OF BIDS AND CONTRACTS: 1. Contract award to Coastal Contracting and Development, Inc. in the amount of $1,182,842.00 for construction of the Atlantic Avenue Gateway Art Feature Project. Funding is available from 334-3162-541-68.09 (General Construction Fund: Other Improvement/Atlantic Avenue Gateway Feature). 2. Purchase award to Bartow Chevrolet in the amount of $61,488.00 for three (3) replacement vehicles, with an additional award going to Emergency Vehicle Supply in the amount of $6,977.00 for the installation of police lighting and equipment in three (3) Police Department vehicles. Funding is available from 501-3312-591-64.20 (Garage Fund: Machinery/Equipment/Automotive). 9. REGULAR AGENDA: A. FINAL SUBDIVISION PLAT APPROVAL/WAIVER REQUEST/N.W. 5TH AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.3.4(K), “Development Standards Matrix”, minimum lot size and frontage requirements and a final plat in conjunction with the creation of a three (3) single family home lot subdivision for the CRA's N.W. 5th Avenue Plat, located at the northwest corner of Martin Luther King Jr. Drive and N.W. 5th Avenue. (Quasi-Judicial Hearing) B. INNOVATION CORRIDOR -PHASE II; REAL ESTATE STRATEGIC MARKETING PLAN: Consider approval of a proposal from our consultant, Sperry Van Ness, for implementation of a Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor (Congress Avenue) at a cost of $25,000 for eight months of services. C. ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION, INC.: Consider approval of additional scope to Randolph & Dewdney Construction, Inc. in the amount of $2,624.47 to install two (2) heat detectors and one (1) smoke detector as required by the State Elevator Inspector for the Pompey Park Concession Stand Project. Funding to be paid out of the contract’s Contingency Allowance. D. CONTRACT ADDITION (CHANGE ORDER NO. 3)/FOSTER MARINE CONTRACTORS, INC.: Consider approval of Contract Addition (C.O. No. 3) to Foster Marine Contractors, Inc. for additional scope in the amount of $40,715.83 for the construction of a turn lane required to accommodate the revised Village at Delray development entrance; asphalt overbuild required on S.W. 8th Street to comply with the new curb and roadway elevations; a total contract time extension of fifty-five (55) days; plus approval in the amount of $6,311.00 to be paid out of the contract’s Unforeseen Conditions Allowance for excavation and restoration work associated with assisting the City to install line stops on S.W. 10th Street; in order for the City to shut down a water main. Funding is available from 334-3162-541-68.65 (General Construction Fund: Other Improvement/Auburn Avenue Improvements). E. PROPOSED FY 2013 BUDGET REVIEW SCHEDULE: Consider a proposed schedule for the Commission review of the FY 2013 Budget. F. APPOINTMENT TO THE PLANNING & ZONING BOARD: Appoint one (1) regular member to the Planning & Zoning Board to serve an unexpired term ending August 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Carney (Seat #1). G. APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD: Appoint one (1) regular member to serve an unexpired term ending August 31, 2012. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). H. APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE: Appoint one (1) regular member to the Boca Raton Aviation Advisory Committee to serve a two (2) year term ending May 31, 2014. Based upon the rotation system, the appointment will be made by Commissioner Frankel (Seat #3). 10. PUBLIC HEARINGS: A. NONE 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLICIMMEDIATELY FOLLOWING PUBLIC HEARINGS: A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 11-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Article 7.9, “Docks, Dolphins, Finger Piers, and Boat Lifts”, by amending Section 7.9.5, “Standards for Approval”, to clarify current language regarding docks. If passed, a public hearing will be held on May 15, 2012. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission 04/03/12 APRIL 3, 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, April 3, 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 Brian Shutt, City Attorney Chevelle D. Nubin, City Clerk 2. The opening prayer was delivered by Reverend Nancy Norman with Unity of Delray Beach. 3. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mr. Frankel requested that Item 8.E., Service Authorization No. 07-17.2/Mathews Consulting, Inc./Reclaimed Water Expansion – Area 12A of the Consent Agenda be moved to the Regular Agenda as Item 9.A.A. Mr. Frankel moved to approve the Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Jacquet – 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: Mrs. Gray moved to approve the Minutes of the Regular Meeting of March 20, 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; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 2 04/03/12 6. PROCLAMATIONS: 6.A. None 6.A. Paralyzed Veterans Association (PVA) Awareness Month – April 2012 Mayor McDuffie read and presented a proclamation hereby proclaiming April 2012 as PVA Awareness Month in the City of Delray Beach. Charles Brown came forward to accept the proclamation and gave a few brief comments. 6.B. Earth Month – April 2012 Mayor McDuffie read and presented a proclamation to Richard Reade, Lori Nolan and Jennifer Buce hereby proclaiming the month of April as Earth Month in Delray Beach. Richard Reade, Sustainability Officer, gave a few brief comments. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Accept the dedication of 2’ of alley right-of-way for Wayside House, located at 328-378 N.E. 6th Avenue. 8.B. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT/720 NORTH OCEAN BOULEVARD: Approve a sidewalk easement and sidewalk deferral agreement for the property located at 720 North Ocean Boulevard along the north side of Crestwood Drive to allow future construction of a sidewalk, for a proposed new single family residence within the North Beach Overlay District. 8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/INTERCOUNTY ENGINEERING, INC./OSCEOLA PARK WATER MAIN PHASE 2 PROJECT: Approve Contract Closeout (C.O. No. 3/Final) in the amount of a $221,470.60 decrease and final payment in the amount of $11,900.44 to Intercounty Engineering, Inc., for completion of the Osceola Park Water Main Phase 2 Project. Funding is available from 442-5178-536-65.85 (W & S Renewal & Replacement Fund: Other Improvements/Osceola Park). 8.D. CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC.: Approve Change Order No. 2 to Foster Marine Contractors, Inc. in the amount of $20,991.00 for additional concrete sidewalk and driveway removal and replacement; and for a contract time extension of six (6) days for Auburn Avenue Improvements. Funding to be paid out of the contract's Unforeseen Conditions Allowance. 3 04/03/12 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. REJECTION OF ALL BIDS/DELRAY BEACH HEIGHTS SWALE PROJECT: Approve a recommendation to reject all bids received for the Delray Beach Heights Swale Project and authorize staff to rebid the project with a modified scope. 8.G. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/PREP AND SPORTS, INC.: Approve Amendment No. 1 to the License Agreement with Prep and Sports, Inc. to extend the term for an additional two (2) years for their use of a portion of the Soccer Complex. 8.H. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Services Division and Residential Construction Mitigation Program (RCMP) to the lowest responsive bidder, Cordoba Construction Co., for 318 S.E. 5th Street in the amount of $31,065.20. Funding is available from 118-1924-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation). 8.I. RESOLUTION NO. 20-12: Approve establishing a revised investment policy which will set forth investment objectives and parameters for the management of public funds (excluding pension funds, trust funds and funds related to debt issuance) of the City. The caption of Resolution No. 20-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE INVESTMENT POLICY FOR SURPLUS FUNDS PURSUANT TO THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, AN ACT RELATING TO THE INVESTMENT OF PUBLIC FUNDS; ESTABLISHING THE RESPONSIBILITIES OF THE CITY MANAGER AND THE DELEGATION OF AUTHORITY; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO IMPLEMENT THE INVESTMENT POLICY; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-12 is on file in the City Clerk’s office.) 8.J. SPECIAL EVENT REQUEST/14th ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 14th Annual Cinco De Mayo Fiesta to be held Saturday, May 5, 2012, from 2:00 p.m. – 10:00 p.m., on the grounds of Old School Square and in Old School Square Park, to authorize staff support for traffic 4 04/03/12 control and security, trash removal, EMS assistance, Fire inspection, signage preparation and installation, and to approve use of the Old School Square parking garage for vendors and staff and use of a City generator; contingent on the receipt of a certificate of liability insurance and liquor liability insurance fourteen (14) days prior to the event. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period March 19, 2012 through March 30, 2012. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors at an estimated cost of $126,000.00 for the purchase of medical/drug supplies for the City of Delray Beach Fire and Ocean Rescue and Highland Beach. Funding is available from various Fire-Rescue and Ocean Rescue budget accounts). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gay – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 07-17.2/MATHEWS CONSULTING, INC./RECLAIMED WATER EXPANSION – AREA 12A: Approve Service Authorization No. 07-17.2 to Mathews Consulting, Inc. in the amount of $33,146.00 for additional professional engineering services in the design of Area 12A Reclaimed Water System. Funding is available from 441-5161-536-68.73 (Water and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). Mr. Frankel stated the reason he had this item pulled is because the Commission received an email from former Mayor and now former City Commissioner Jay Alperin regarding Mathews Consulting, Inc. and he wrote “this section under Atlantic was supposed to be planned in the 90’s when we rebuilt it”….Mr. Frankel stated he felt that a different engineering firm should re-evaluate the project. He wrote “notice soft dig and proposal not radar because they just did it 13 years ago”. “Shouldn’t there already be records of exactly what is there and why are multiple smaller pipes better and/or more economical?” Randal Krejcarek, City Engineer, stated Dr. Alperin’s first question had to do with the crossing of Atlantic Avenue and what he is referring is a pipe that was actually put in with a project done in the 1990’s and that pipe is being utilized from the north side of Atlantic Avenue to the south side of Atlantic Avenue. Mr. Krejcarek stated once they start the design process it also goes to the different utilities and ask them what they have and verify where their utilities are. He stated when you get that information 5 04/03/12 back then staff looks at all they can make this all fit within the sidewalk area with all the other utilities that are underneath there. He stated staff realized at that point they were not going to make this fit within the sidewalk area with all the other utilities that are underneath there and that is why the City is going to move that part up into the roadway. He stated with regards to the other part with redesigning on Venetian Drive from the 8 inch to the 4 inch the original Master Plan had an 8 inch coming down Venetian Drive and when staff starts the project they tell the consultant to follow the Master Plan and then come back. He stated staff has steps along the way where they actually meet with the consultant at 30%, 60%, and 90% where they are constantly reviewing what they are doing to see if that is exactly what they want to do. Mr. Krejcarek stated in 2000 with the Road Bond Program when the City redid Venetian Drive they put in a mat in because that is a very mucky road and subsurface. Staff also realized they did not need the trunk lane coming down Gleason Street and an 8 inch down Venetian Drive. Mr. Krejcarek stated in order to save some construction money staff told the consultant to go back and go 4 inches versus 8 inches on Venetian Drive and instead of having a line on Venetian Drive from Atlantic Avenue south to Casuarina Road staff with tap a trunk line on Gleason Street and head east on the east/west streets and go north/south as far as they have to catch those meters to divide and it is going to be a lot less pipe actually doing it this process. Mr. Carney stated last October/November the Commission approved 6 or 7 companies to do this and this is the third time he has seen Mathews Consulting, Inc. and has not seen any others. Mr. Carney stated he would like to see the business being spread among the different companies. Mr. Krejcarek stated the City hired Mathews Consulting, Inc. last year to do the design of Area 12A and staff broke this into two projects because it was a fairly large project and because of other priorities that came up they took some of that money away and split it into two projects. He stated this item is an amendment to that original service authorization from last year. Mr. Krejcarek stated staff will be coming the next meeting this month or the first meeting in May with the other contracts with some of the other consultants that staff has been trying to work with trying to get service authorizations underway. Mr. Carney stated the City encourages companies to give us RFP’s to respond and if they do not get any work the City at some point may lose competitive pricing. Mr. Krejcarek stated staff has lined up the projects with the consultants that have the best expertise for those projects that are coming up. Mrs. Gray asked if it was necessary to have the soft digs considering we now have the radar now. Mr. Krejcarek stated staff went through a process where they had the new technology demonstrated for them and in the presentation that the consultant provided they indicated that the radar technology is not a replacement to soft digs; it is in addition to soft digs. Mr. Krejcarek stated the radar is not 100% adequate on vertical depth but it does not give you the pipe size or the pipe material. 6 04/03/12 Mr. Jacquet asked if the email that Commissioner Frankel is referring to was sent to the entire Commission. Mr. Frankel stated it does not appear that the email was sent to Commissioner Jacquet and believes this was not intentional. Mr. Jacquet stated since he did not receive the email that Mr. Frankel is referring to he has no comments. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.E.), seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.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. 6th Avenue. (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. Mr. Frankel stated he spoke to Marissa Baggs with Channel 5 News, Attorney Jeffrey Lynne, Attorney Jason Dollard, noted he is from the same town as one of the principals who may be buying the Delray Inn, Dr. Scanlan, and attended the Downtown Development Authority (DDA) where this was discussed at length. Mrs. Gray stated she spoke with Attorney Jeffrey Lynne and Attorney Michael Weiner. Mayor McDuffie stated he spoke with Attorney Michael Weiner and has also received the same letters that the Commission has received on the dais and several emails which he will submit to the City Clerk to add to the record. Mr. Carney stated he spoke with Attorney Jeffrey Lynne and had several comments from people in the neighborhood and had numerous emails all of which are on his public email site to his email address here, and he did attend the SPRAB meeting that is now under consideration. Mr. Jacquet stated The City Attorney stated staff has received three letters for people requesting party status that is Benita Goldstein, Joanne Varga and Jason Dollard. The City Attorney stated it is his opinion that the Commission should grant them party status. The City Attorney suggested that the Commission make a motion in order to grant Benita Goldstein, Joanne Varga and Jason Dollard party status in this matter. Mr. Carney asked what the basis is as to why the determination of party status. The City Attorney stated one of the criteria is that they be within 500 feet which all three are and the other criteria is that they have alleged certain facts that make their circumstances different from the public at large and it is his opinion that they have alleged those facts in those letters they 7 04/03/12 submitted. Mr. Jacquet asked if that mean that anyone with 500 feet that can articulate some issues with this that no one else outside that 500 radius could qualify for party status. The City Attorney stated in order to attain party status they first have to be within 500 feet of the property that is coming forward and then if they are within 500 feet in accordance with the quasi-judicial rules and obtaining party status they have to articulate certain things that in his opinion different from the public at large and he believes they have done that. The City Attorney stated then he needs to make a recommendation to the Commission but it is up to the Commission to vote on whether or not they want to grant them party status. Mr. Carney moved to grant Benita Goldstein, Joanne Varga and Jason Dollard party status, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-051 into the record. Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444, representing the applicant, stated they are before the Commission tonight on appeal from the Site Plan Review and Appearance Board (SPRAB) decision to deny the site plan and landscape plan of February 22, 2012. Mr. Lynne reiterated the rules of a Quasi-Judicial Hearing. Mr. Lynne stated they are here for a single question: “Did the applicant meet the technical objective criteria for site plans as adopted by the City?” The use of the property was approved August 2010 and therefore is not at issue. Mr. Lynne stated this hearing under the Land Development Regulations is “De novo” which means it is a new hearing. He stated throughout the SPRAB hearing there was a motion to approve the site plan with conditions that was denied because of the use of the property and for no other reason. Mr. Lynne stated there was a motion to approve the landscaping which they denied because the site plan was denied. However, Mr. Lynne stated when they discussed the architectural elevations it went through the land development regulation criteria for architectural elevations they approved the architectural elevations after reviewing the LDRs with conditions 5 to 1. Therefore, Mr. Lynne stated that is not before the Commission this evening as that has already been determined and reiterated that they are here this evening to discuss the site plan and the landscape plan. Mr. Lynne stated his client has met the objective criteria adopted in the LDRs. Mr. Lynne stated the Delray Inn, Inc. is located at 297 N.E. 6th Avenue and is currently used as a motel. He stated it is on a Federal Highway; a commercially zoned district and that district also allows medical uses, dental uses, medical labs, inns, motels, and a broad range of commercial uses within the city that are permitted as of right. Mr. Lynne stated with minor modifications to the site the operator of Delray Inn, Inc. could go in tomorrow and start operating a detox facility. He briefly reviewed the existing elevations and stated there is currently back out parking onto Federal Highway; currently a non-gated courtyard where the doors are open to the public; currently uncontrolled access to those doors as well as to a back patio area and there is visibility obstructions to the front allowing people to wonder through the property unsecured. Mr. Lynne stated 8 04/03/12 the new architectural elevations approved by SPRAB brought in a modern design with new privacy walls closing the courtyard off; a new sloped beam metal roof; new windows and French doors; removal of the back out parking, new landscaping in the front, and leaving the paved parking off to the side. He stated there is also a new five foot sidewalk that will also be connected to the back via pavers. Mr. Lynne reviewed the rear existing east elevation also with unpaved parking and open patio access for people to wonder off the streets and cut through the courtyard through the back. Mr. Lynne also reviewed the new east elevation which will have paved parking, residential look and feel, 24-hour supervised care, accent lighting where there is no lighting at all, and closed circuit security cameras so that the property and the investment that is desired to be made can be maintained. Mr. Lynne stated they have met every standard in the staff report that is required and the staff report says so. Mr. Lynne stated they have met the landscape plan standard with conditions; the criteria for the elevations the Board found met and therefore approved the architectural elevations; and the staff report says they have met compatibility and therefore as a matter of law the Commission must approve the site plan and the landscape plan. However, Mr. Lynne stated SPRAB voted against the site plan and landscape plan because of the use and the intended people to be treated at this property are viewed as subhuman, less than, second class citizens, and accusations are made that they are criminals, druggies and not welcomed in our society like lepers. He stated SPRAB proposed certain conditions: (1) that the entrance be relocated off 6th Avenue onto 3rd Street, (2) asked for reduced parking to increase the landscaping, (3) asked that the wall in the front be raised to 5’ 6” and that they gates be removed. Mr. Lynne stated this was their initial application except that the Police Department through CPTED (Community Policing Through Environmental Design) wanted a lower wall so they had to meet the police requirements. Mr. Lynne stated they agreed to these conditions notwithstanding ultimately the Board voted against them. He stated they also proposed that there be landscaping along 6th Avenue with trees. Mr. Lynne stated based upon that request they have gone back and changed the elevations to this: (1) removed the front gates, (2) increased the privacy wall to be solid 5’ 6” as requested by SPRAB, (3) added more landscaping and trees, and (4) relocated the primary entrance off to the northern side. Mr. Lynne stated with regard to compatibility and enhancement of the CBD, these are the surrounding properties: Richwagen’s Bicycle Shop, cabinetry store, auto-repair shop, MacLaren’s Sign Shop, an inn next door that is currently for sale, and a vacant coffee restaurant shop and they are asking to build this and put millions of dollars into the community for use that is permitted. Mr. Lynne stated he also received letters from the Benita Goldstein, Joanne Varga and Attorney Jason Dollard. He stated the Hartman House located at 302 N.E. 7th Avenue and they expressed concern over security. Mr. Lynne explained how the east elevation will be revised with removal of the doors, have a complete wall, parking on the side, closed circuit security, and 24-hour care. In addition, Mr. Lynne stated all the exits from the motel rooms exit to the outside including the east, the use is entirely interior to the property, removed the back out parking onto Federal Highway to avoid any accidents. Mr. Lynne stated with regard to fence surrounding the property, this is not a penitentiary it is a therapeutic use. He stated there are existing fences to the rear of the property next to the alleyway then why do they need to fence it again. Mr. Lynne stated with regard to the back out parking along 3rd Street (a side street) and noted the Hartman House has back out parking along an alleyway. 9 04/03/12 Lastly, Mr. Lynne stated the acquisition that this would increase traffic, besides the fact that the County has stated that there will be no traffic impact from the use, there is no through traffic on N.E. 3rd Street; there is an obstruction and you cannot drive through 3rd Street. Mr. Lynne stated there is a sign in front of the Hartman House that says “No Through Street Dead End”. Mr. Lynne stated there is also a question about a substantial depreciation of property values and entered into the record multiple studies that have prepared about substance abuse treatment facilities which state “there is no evidence of any depreciation of property values when a substance abuse treatment facility is placed in a single family residential neighborhood” and noted that this is a commercially zoned neighborhood. Mr. Lynne displayed Mr. Dollard’s property (295 N.E. 5th Avenue highlighted in red) and the Delray Inn is off to the right and stated there are commercial properties between the two and displayed the view from Mr. Dollard’s window. Mr. Lynne stated Mr. Dollard’s total market value has increased since 2009 and his taxable value has increased since 2009. Mr. Lynne stated there will be very little if no evidence of any depreciation of values let alone substantial depreciation of property values. Mr. Lynne stated the issue of compatibility deals with the structure and the design not the use. Mayor McDuffie echoed one sentiment that Mr. Lynne had and stated we had a disabled veteran here tonight and the Federal Government affords the same protection to people with substance abuse problems that they do to disabled veterans. Benita Goldstein & Jordan Goldstein, owners of the first Bed and Breakfast in Delray Beach, 302 N.E. 7th Avenue, Delray Beach, FL 33483, stated in 2011 they took a neglected historic home and made a substantial investment and converted it into the first Bed and Breakfast in Delray Beach. Mrs. Goldstein stated neighbors stopped by regularly to thank them for creating what was an eyesore and turning it into something that everybody wanted to see. She stated this historic home provided them and the entire town as it gave a new found status enjoyed by picturesque towns throughout the United States which is to have a bed and breakfast. Jordan Goldstein, 302 N.E. 7th Avenue, Delray Beach, FL 33483, stated the parking that the Delray Inn has is 22 feet the street is 18 feet and across the street is only 17 feet so what could happen is two cars could be backing out with only 18 feet which should be regulatory at 24 feet this is a possibility. Mr. Goldstein stated people who come down the alleyway from 4th Street they come down and make a right because they want to avoid the lights on Federal Highway to go south. He stated they direct all their guests to come up 6th Avenue and make a right on 3rd Street because their parking is a little up the alleyway. Mr. Goldstein stated all their guests are coming through 3rd Street and they are not coming to the front of their Bed and Breakfast on the other side; they are all coming up 6th Avenue because they cannot get to the parking lot from the other side of 3rd Street. Mrs. Goldstein stated there is also the issue of the small size of the kitchen and how it can adequately feed the 18 patients who will be there. She stated in speaking with one similar business they were informed about the importance of nutrition when people are undergoing such an arduous process and that there should be three main meals 10 04/03/12 provided at specific meal times giving them some stability in their life and schedule. She stated at this other place they have a chef onsite and food available 24/7. Mrs. Goldstein stated they were told at the SPRAB hearing by the applicant that they do not provide Thanksgiving style dinner. She stated it is more appropriate that people are able to sit down together as families have done for years and years. Mrs. Goldstein stated it seems contrary to providing stability when the meals are done haphazardly; then there is the issue of compatibility in evaluating how this business fits into the surrounding businesses as well as residences. She stated our community does not see how this business will create a good environment for the families and children who have populated the area surrounding Delray Inn, Inc. even with paint and shrubs. Mrs. Goldstein stated Planning and Zoning cited it now as blending in which they feel imposes an additional threat to the neighborhood where children are unaware of what is happening behind this facade. Mrs. Goldstein expressed concern over who owns Delray Inn, Inc. and since non-residential license services provider facilities are not allowed within the CBD (Central Business District) according to the City Attorney’s office the business will be allowed to proceed only if owned and operated by the original applicant Delray Inn, Inc. She stated it cannot be transferred to new owners and inquired about the ownership particularly since the new parties involved have an LLC entitled 297 N. Federal (N.E. 6th Avenue), LLC which is the address of the Delray Inn, Inc. Mrs. Goldstein referenced a March 10, 2012 article in the Sun-Sentinel Maria Herrera interviewing Harold Jonas maintains that he is selling the Delray Inn. Furthermore, Mrs. Goldstein stated she spoke with Chris Mullen at Flagler Bank which at one time was foreclosing on this property and informed her that Delray Inn has been sold and was supposed to close at the end of the month (March) but has been delayed because of the zoning issue. Mrs. Goldstein stated they have no objection to a business treating people for addictions they actually are in agreement with City’s new codes recognizing that this type commercial business should be located in the medical arts district close to a hospital and other supportive services for their patients rather than in the heart of town surrounded by residences on three sides and 5.4 miles from the nearest hospital. Mrs. Goldstein urged the Commission to think of the families they represent who have chosen to make this place their home and for many their business. The City Attorney stated there is a set time for rebuttal and that is what the rules provide so you cannot reserve time at the end of the meeting. Mr. Lynne asked that he be given the opportunity to have closing remarks considering the number of people who are going to make many statements. The City Attorney stated it is up the Commission if they want to increase the time allowed for closing remarks. Mr. Lynne stated he is not asking for the increase in time but is requesting for the balance of the time that he has remaining. The City Attorney stated the rules provide City staff, applicant, and parties have two minutes for rebuttal and Mr. Lynne requests the five minutes that he had reserved to include that for rebuttal and pointed out that procedurally that is not something that the rules allow for. However, the City Attorney stated if the Commission wants to do that, they can agree to allow that to take place. At this point, Mr. Lynne completed his presentation. 11 04/03/12 At this point, Mr. Lynne cross-examined Mrs. Goldstein. Jason P. Dollard, Esq. 295 N.E. 5th Avenue #31, Delray Beach, FL 33483, stated his family moved to Boca Raton in 1989 and they came here on vacations and would always come through Delray Beach. Mr. Dollard stated in 1999 he moved down here for graduate school and have lived in Delray since that time with the exception of a couple months after school. He stated he is actively involved in the Chamber and over the last couple of years he has seen a change and it is not a good change. Mr. Dollard stated it is where we have different types of people that are hanging out in this town who are not good for this town. He stated it is the type of things that are being allowed to have a business in this town that are creating dangers for people to live in this town. Mr. Dollard stated we have a detox facility that is being put directly into a residential community and noted that his home is directly across the street. The Goldstein’s property and their business are directly behind this particular facility and there are many residences behind this facility. He stated he travels through that area a lot and sees many children playing on a daily basis, he sees families walking the streets at night, and sees people in his townhouse development there are many families and kids that play outside on a daily basis. Mr. Dollard stated he personally has experience with these types of facilities through two of his uncles. He stated the type of people that go in these facilities are doctors, lawyers, politicians, etc. and when they go in there the first time or even the second time it does not work sometimes. Mr. Dollard stated and they get out of these facilities and they will do whatever they have to do to get their fix and drugs and that is a danger to the people that live around this particular facility and in this case in a residential community. Mr. Dollard asked how is putting a detox facility so close to downtown where there are restaurants, bars, and temptations galore for these type of people who are going to this facility and how does that help them and how does that allow them to get back into a community. Mr. Dollard expressed several concerns; non-legal concerns and legal concerns. He stated the non-legal concerns are safety issues. Mr. Dollard stated he was not at the SPRAB meeting but did have a copy of the tape and it was stated by the applicant “will not be on lockdown.” He stated these are people that are coming in for detox meaning they have a drug, alcohol or some other substance abuse issue. Mr. Dollard stated if they are allowed to leave this facility as they come and go how that is safe for the people around the community. He stated he will not be able to sell his house for the property value. Mr. Dollard stated if he starts a family one day he would want to stay here but the way this is going and the way we are allowing particular facilities to be in areas where it is not safe for the community is not a place where he would want to raise his family and it is not a place that he may eventually keep his business. Mr. Dollard expressed concern over the legal concerns: (1) who are the owners of this particular facility, (2) the application for the reasonable accommodation and the forthcomingness of the applicant for reasonable accommodation, (3) the LDR that is currently in place concerning the CBD (Central Business District) and whether this fits within the purpose. He stated at the SPRAB hearing in February the architect gave testimony and it has been presented to the Commission by not only the City but also by Mr. Lynne that this is going to be “a restoration and a no footprint and a renovation.” Mr. Dollard stated what was actually said at the SPRAB meeting by the architect was “We are taking it to the slab; this will be a brand new building.” Mr. Dollard stated this 12 04/03/12 is not a renovation of the building that is currently there but is a brand new building and it should be regulated under the new LDR regulations which do not allow this particular type of facility to be here. Mr. Dollard made reference to LDR Section 4.4.13. Mr. Dollard stated he has seen this first hand and people steal from their own family in order to get their fix and if people think they will not steal and/or attack a normal citizen walking around an area they are mistaken. Mr. Dollard stated in a recent letter by the City addressed to Mr. Lynne from Mr. Dorling the City itself is questioning the placement of this facility. Mr. Dollard stated at the end of the letter dated January 23, 2012, Mr. Dorling states “Based on the information given by the applicant (which is not Delray Inn, Inc. which he will admit later on in other documents did show that it was 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.” Mr. Dollard stated Mr. Dorling clearly states that “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.” Mr. Dollard stated in August 2010 the applicant was granted a conditional accommodation which needed to go through the approval of the rest of the boards. As they are here today, Mr. Dollard stated they were disapproved by SPRAB, denied by the DDA, and his understanding was denied by the CRA. Mr. Dollard stated in a City letter dated May 3, 2011 from Mike Vinci he states “The request for reasonable accommodation did not include the establishment of a detoxification facility.” He goes on to state “An application for this conversion of use was never submitted. On January 4, 2011, a modified application which included the operation of an 18 bed detoxification facility at this location was submitted. Given the ongoing status of this application a determination was made that this use (18 unit detoxification facility) could proceed even though an ordinance that was under consideration at that time would not permit this use in this location.” Mr. Dollard stated this means that not only were they not forthcoming in the beginning for their application for reasonable accommodation that when they applied the Commission and the City was already under advisement about doing the medical district. He stated this application process should have started all over again and it should have been frozen until such time as the Commission had voted on the medical district being implemented. Therefore, Mr. Dollard stated it would have never been allowed and we would not be here tonight. Mr. Dollard stated Mr. Jonas is currently listed as the Delray Inn, Inc. and documents that he pulled off for the Florida Corporation yesterday is listed as the only officer and director of this particular facility. Mr. Dollard stated this reasonable accommodation is non-transferrable meaning whoever takes over has to buy all of Delray Inc. its assets and everything included with it in order to have it be transferred. He stated the proposed people who are going to run this facility are Mr. Scanlan and his team. Mr. Dollard stated why is it they have a corporation stated as 297 North Federal Highway unless they are actually moving in to take over this whole thing. He stated they cannot just buy the property and take over the reasonable accommodation; it has to be a complete sale of the entire Delray Inn, Inc. as a whole in order for it to transfer. Mr. Dollard stated there is clearly evidence that is before the Commission that is more than just personal reasons and noted there are clear violations and legal reasons why this should not be allowed. At this point, Mr. Lynne cross-examined Mr. Dollard. 13 04/03/12 Joanne Varga, 296 N.E. 6th Avenue, Delray Beach, FL 33483, stated she is a little apprehensive in speaking this evening because after the last meeting she spoke at when SPRAB turned down the Delray Inn detoxification site plan the new owner physically came after her. Mrs. Varga stated fearing for her life she filed a police report. She stated after the incident she was afraid to leave her home especially alone. Mrs. Varga stated this convinced her even more that this proposed business is not compatible with the community. Mrs. Varga stated the people that are being treated here are in the first stages in detoxification the most dangerous state and can leave the facility if they so desire. She stated the detoxification facility is adjacent to residents on its three sides; Palm Trail residents within so many feet towards east and hundreds of children, apartment rentals to its west more residential homes 26 feet from the detoxification center. Mrs. Varga stated behind her is the San Sebastian townhomes with over 50 children and families that utilize the sidewalks, alleys, and the streets skateboarding, bicycling, etc. as if this were their backyard including her son. Mrs. Varga stated she does not oppose the treatment of addiction but her opposition is to the location of the business touching our residential communities and not being harmonious to the businesses in the neighborhood. Mrs. Varga entered petitions into the record. At this point, Mr. Lynne cross-examined Mrs. Varga. Mr. Dorling, Mrs. Goldstein, or Mr. Dollard did not have any crossexamination. There was no cross-examination between Mr. Dorling and Mr. Lynne The following individuals gave a brief rebuttal: Dr. Scanlan, Board Certified Psychiatrist and Addiction Medicine Doctor, resident of Delray Beach living about one mile away from the proposed facility with his wife, 6 year old and 4 year old, stated he has been doing detox for many years and has treated thousands of patients. Dr. Scanlan stated he has done inpatient, outpatient, an in a hospital and has written papers. He stated this is going to be a facility with 24-hour nursing care, an EMT, medical team and 24-hour nursing. Dr. Scanlan people have to sign in and if they want to leave they would have to sign out and he would have their possessions and they would have to meet with him before that. He stated he has an outpatient detox right now and it is a safe procedure. Dr. Scanlan stated one block away from this office is the Wayside Rehab and three blocks away at 160 S.E. 6th Avenue is the Palm Partners Recovery Center which is an inpatient detox and rehab. Mrs. Goldstein stated she believes Dr. Scanlan has very good intentions to help people. She stated the Delray Medical Arts area is available and is away from the temptations in downtown Delray and is away from the unsuspecting tourists who come around and do not know what is going on and most importantly for the patients it provides them with immediate medical relief if they need it right by the hospital. 14 04/03/12 Mr. Dollard stated he believes Dr. Scanlan has good intentions but feels there are multiple questions that have not been answered such as why here and if he is trying to give the highest level of care why not near a hospital where most detox centers are placed. Mr. Dollard stated this accommodation cannot be transferred and the question has still not been answered of who actually owns Delray Inn, Inc. which is the holder of this accommodation. He stated if this cannot be transferred then this detox center does not belong here. Mrs. Varga had no closing arguments. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Albert Richwagen, Delray native of 48 years and co-owner of Richwagen Bike and Sport est. in 1961, 298 N.E. 6th Avenue, Delray Beach, FL 33444, stated his business is directly across from the proposed detox center. Mr. Richwagen read a brief statement into the record and stated LDR Section 4.6.18(B)(14) – Criteria for Board Action: “The plan or the proposed structure is in conformity with good taste, good design, and general contributes to the imagine of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality.” Mr. Richwagen stated with property owners from all four sides and a signed petition from numerous home and business owners within a stone throw of this property they are begging the Commission to stop this project. The City Redevelopment Agency (CRA), the Downtown Development Authority (DDA), and the Site Plan Review and Appearance Board (SPRAB) have all voted “no” prior to this meeting. Mr. Richwagen urged the Commission to vote “no”. Dr. Larissa Scanlan, stated her husband is a Board Certified psychiatrist and also a specialist Board Certified in addiction medicine, stated she is a dermatologist that works in the community and lives about a mile away with their two children and urged the City to approve this. Dr. Scanlan stated her husband wants to work there because it is only a mile from where they live and because they are citizens of Delray. She stated if this does not go through there is a possibility that this will become a very expensive lawsuit and she does not want to see her city dollars going to fight something that ultimately may end up happening anyways. Dr. Scanlan stated her husband is highly trained in what he does and helps lots of people and has worked everywhere including prisons. She stated he knows what a dangerous person looks like and who to treat and who not to treat. Dr. Scanlan stated in terms of coming and going there is no data on crime where these facilities are. She stated it does not mean it is going to increase crime; if people can come and go that means they are there by choice and will not go there in the first place if they do not want help and is the beauty of being able to select who goes into the facility. Dr. Scanlan stated they want high paying jobs to attract people that are going to be good citizens here and this is going to employ at least 25 people (i.e. doctors, nurses, pharmacists, medical technicians) in in our community. 15 04/03/12 Claire Frontera, 811 N.E. 5th Street, Delray Beach, FL 33483, stated she does work in the substance field and mental health and walks into detox facilities all the time. Ms. Frontera stated to go to rehab is a want; you could be pushed in by family members or pushed in by DCF and it is not always the case that they do want to get clean. She stated they could go to detox but they do not want to be there because if they do not want to get clean they will not get clean. Ms. Frontera stated at that point they will walk out the facility and it is technically a lock down facility but you can walk out anytime. She stated the reason it is lock down because they do not want anyone walking off the street. Ms. Frontera stated if you are dealing with substance abuse you are also dealing with mental health such as the bipolar the psychotropic drugs or if a client needs to be baker acted the Delray Beach Police Department have to be called and a lot of people do get baker acted. Ms. Frontera stated a detox facility is out-of-pocket and no insurance and noted this is going to be a 24/7 facility. She inquired as to where are the patients going to be treated for their aftercare and where are they going to make their recommendations for them to go. Ms. Frontera stated there are numerous detox facilities in the area and asked why we need another one. She stated she deals with addict’s day in and day out and if you ask an addict if they have ever been arrested a lot of them tell you yes for theft or possession of a controlled substance. Ms. Frontera stated a patient or individual may turn up on the premises with a gun and asked what their lockdown procedure is and if there is a fire where would they go. She stated if there is a gun or knife on the premises then 911 will be called. Ms. Frontera inquired about the prescriptions and asked if there is an on-site pharmacist or are they going to have a pharmacist who they recommend them to. Kristine De Hoseth, Executive Director of Florida Coalition for Preservation, speaking on her landlord’s behalf Brian Phifler who has subsidized her rental for the last five years who own Mark Plaza located at 235 N.E. 6th Avenue, read a brief statement into the record and noted that Mr. Brian Phifler opposes the site plan for the old Delray Inn. Dawn “Dr.” Jonas, stated she has lived in Delray Beach and Boca Raton for 35 years, stated this is the town that she used and abused alcohol and other drugs. Dr. Jonas stated this May she will be clean and sober for 26 years due to the love and support of the Delray Beach recovering community. She stated she has raised four children here two of which own their own homes in Delray Beach. Dr. Jonas stated in 1995 they opened the Recovery Zone and set about to provide a drug and alcohol living environment that is supported and community based. She stated when the recovery housing industry started to boom in 2002 a group of operators got together and formed a South County Recovery Residents Association. She stated they worked together to have high quality community based services. James Arnas, 605 N.E. 2nd Street, Delray Beach, FL 33444 (two blocks south of the proposed Delray Inn Detox Center), distributed photos to the Commission taken yesterday from the south and north end of the alleyway from 2nd Avenue north to the access road for what is proposed for the Delray Inn. Mr. Arnas stated that the photos show his street looking north at N.E. 2nd Street (his house in on the corner) during the day 16 04/03/12 where his 8 year old daughter and wife live and also showed a photo of what it looks like at night. He stated the second photo from the Delray Inn looking south is how it looks like during the daytime versus how it looks like at night. Mr. Arnas stated the alleyway is already being used as a second Federal Highway in-lieu of the stop lights and stop signs and is already dangerous. He stated he has a camera installed in his house due to the theft of hoses, roses, bushes, orchids from his house. Mr. Arnas expressed concern that there have been comments expressed that this facility is just like a psychiatrist office or a dentist office and stated they do not have those in their neighborhood that are housing people 24/7. He stated due to a recent car accident he cannot sit for very long and had to step outside where he met the developer who is buying the Delray Inn. Mr. Arnas asked who is the real owner and stated if it is someone new shouldn’t it not be resubmitted as a day one and not what was based on months or years ago. Bob Ganger, President of the Florida Coalition for Preservation, stated he lives about 62 feet from the proposed location. Mr. Ganger stated the purpose of this meeting is the site plan review and the Board has determined that it should not be approved. He stated per LDR Section 4.6.18(B) states “The plan or the proposed structure is in conformity with for 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. Mr. Ganger stated is this development likely to impede or improve progress in the long term plan of beautifying and calming Federal Highway as it goes from Atlantic Avenue to George Bush Boulevard. Ruth Hartman Berge, 302 N.E. 7th Avenue, Delray Beach, FL 33483, stated she is here for the historic Hartman House and it was sold by her family in 1973 and over 40 years the house fell into disrepair and when the Goldstein’s purchased it they worked diligently with the town to create a place of beauty and peace. Ms. Berge stated working with the City of Delray Beach the Goldstein’s successfully opened the Historic Hartman House as the first Bed and Breakfast in Delray. She stated the reputation of the peaceful tropical oasis at the Historic Hartman House is already national. Ms. Berge stated the comments on travel sites on the internet show that guests find the Historic Hartman House a wonderful place to stay in Delray Beach. Ms. Berge stated the Goldstein’s have devoted time and money to restore and renovate this home and the opening of the proposed detox facility this close would seriously impact the attraction of a stay at the bed and breakfast. She stated the Historic Hartman House attracts upscale visitors who shop in local businesses and eat in the local restaurants for which Delray Beach is known. Ms. Berge stated the Historic Preservation Board, the Delray Beach Historical Society, and others devoted preserving the history of Delray Beach have worked hard with the Goldstein’s to see that the Historic Hartman House was restored and renovated correctly. She stated with the Sundy House, the Spady Museum, Cason Cottage, and Old School Square the Historic Hartman House is becoming a destination. Ms. Berge stated by permitting this facility to open so close to this house Delray Beach would be sending a message to those who wish to preserve and protect historical sites in this area. Ms. Berge stated Delray Beach is already known throughout the country as the drug rehab capital of the world and there are only six cities in the State of Florida with more facilities. Ms. Berge strongly believes Delray Beach does not need this facility so 17 04/03/12 close to these homes but it needs to be in the medical district. Lindsey Pratt, lives in San Sebastian with her husband and two children, stated she personally has experience with family members with addiction and one is dead from addiction. Mrs. Pratt stated the doctor’s wife who is also a doctor herself stated that these are irrational fears which is condescending and is not correct. She stated that most of the people, who are sitting here today, with the exception of the people who own the facility and are buying the facility, are against this. She stated everyone is here today because we live in a democracy and the people clearly are here standing up to say we do not want this here. Mrs. Pratt stated Mr. Dollard has presented enough evidence to indicate that based on the stocks and the law it should not be here. Mrs. Pratt stated drug addicts will do anything they need to get high and they will steal, rob, and corrupt the area to get money to do drugs. Mrs. Pratt stated she would like to know how many times Dr. Scanlan’s patients are successful in rehab because from her understanding it does not work the first time or even the second time; sometimes it will work the third time. She stated going through withdrawals is a very painful and dangerous experience and many people die from going through withdrawal alone even under medical facilities. Mrs. Pratt stated they need to be next to a hospital because many people die in the ambulance on the way to the hospital. Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483, stated at a previous Commission meeting he made some comments to this Commission which were overly harsh and out of order and apologized publicly for those comments. Mr. Glickstein stated there has to be a compatibility standard met and noted that LDR Section 2.4.5(F)(6) has not been met. He stated the Planning Director’s staff report to the SPRAB that states “with respect to the uses compatibility is a concern; however, as the use is allowed to be established via the reasonable accommodation that is minimized. Mr. Glickstein stated the Planning Director’s logic was correct in that the use is not compatible but saying that the use is minimized via a reasonable accommodation is a mutually exclusive concept. Mr. Glickstein stated he does not feel people will pay the same price for property next to a detox center that they would for some other use. Mr. Glickstein stated with regard to the Mayors comments he understands the concept that the city has been crawling and begging for businesses in this town and feels Delray Beach is better served looking for the right businesses. Mr. Glickstein stated he does not feel in this town that we need to crawl and beg for anything and we should be supporting the right businesses and property owners that have paid their dues with vested interest in this town that contribute towards its wellbeing not to ones that contribute to is denigration. Harold Jonas, owner of record and it is his sub “S” corporation and is registered through Sunbiz, stated he has the August 25, 2010 letter from Mr. Dorling’s office that grants the reasonable accommodation. Mr. Jonas stated this was not done behind anyone’s back and it was done all in open public records. He stated the intent is to convert the motel which is now housing transient residents throughout the city into a medical facility. Mr. Jonas stated he is a licensed psychotherapist and has a Ph.D. in addiction studies and stated he is one of those experts and one of those people. He stated he got into recovery having coming to Delray Beach in 1987 and is one of those success 18 04/03/12 stories. Mr. Jonas stated he works professionally as an interventionist and gets people to go to detox. Mr. Jonas stated he has worked in detox, worked in businesses in Delray Beach, operates businesses here and has stood before the Commission in the past speaking out against the medical arts district as discriminatory to this business of addiction treatment. He has been a strong advocate of people in recovery he helped put Delray Beach on the map with the Koffeeokee Coffee House and was there for the New York Times to interview them to say recovery works and the Federal Government supports that through the Substance Abuse and Mental Health Services Administration (SAMHSA). Mr. Jonas reiterated that he owns the property and wants to convert it to improve and enhance Delray Beach. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, stated after finishing and MBA at Warden he worked for a global consulting firm and one of the things he specialized in was market analysis and feasibility studies primarily on commercial properties. Mr. Edick stated six months ago Fran Marincola, owner of Café Luna Rosa, referred a couple to him who own the Creperie Restaurant on Federal Highway and Atlantic Avenue and they are outgrowing their space. He stated they came to him and asked what he thought about a property that they were looking at which was the Koffeeokee Coffee House. Mr. Edick stated they were going to invest their life savings in this and the numbers did not work and from a market analysis standpoint they informed him that there was a rehab facility going in. Mr. Edick stated his opinion was that this would not be something that would really necessarily fit with the type of market that they are trying to appeal to. Mr. Edick stated he felt that they were too far from Atlantic Avenue but also because he did not realize it was an in-patient facility. Mr. Edick stated people coming in will hire consultant professionals who do market analysis and feasibility and would almost guarantee that there would be some adverse impact of having that detox facility right next door or maybe down the street. He stated it will be a compatibility issue if not now it will be in the future. Anna Bierstock, 417 Palm Trail, Delray Beach, FL 33483 and owns a building at 25 N.E. 6th (Federal Highway), expressed concern over Federal Highway because see owns property on Federal Highway and stated what is happening in Boynton Beach is quite nice. Ms. Bierstock stated she sees what is happening in Delray and it is a scourge; not a scourge because of anything that is going but because of all the businesses that we have lost. She stated Delray Beach have two gateways to the beach off of Federal Highway; George Bush Boulevard and Atlantic Avenue. Ms. Bierstock stated she has lived here for 31 years and her home is historic and was built in 1928. Vicky Lichtman, 408 Palm Trail, Delray Beach, FL 33483, stated she wrote an email to the Commission and thanked them for responded. Ms. Lichtman stated she loves her home and neighborhood and when she purchased it felt safe and welcoming. She stated the City was having problems driving from I-95 down Atlantic Avenue but these problems were fixed because previous Commissions did something about it. Ms. Lichtman stated this city is changing right now before our eyes and our residents feel disappointed and helpless about what is happening. She stated the people that live in Delray chose to live here for the charm and the safety and feels the 19 04/03/12 atmosphere has changed in the city and they do not want to go out as often. Ms. Lichtman stated the neighborhoods have people walking our streets that do not live here for more than days and weeks. She stated if someone chooses to live before detox is complete they most likely will be looking for ways to buy new drugs and feels they will come to people in their neighborhood for the money or the goods that they need to buy. She asked the Commission to not let the Delray Inn become part of what is destroying our beloved city and urged the city to fight this. Katie Gerber, Secretary of the San Sebastian Homeowners’ Association, 32-unit townhouse community located at 295 N.E. 5th Avenue, Delray Beach, FL 33483, stated she moved here in 2009 from Coral Springs because she read the Plan and saw what the plan was for the downtown Delray community and loved the idea. Ms. Gerber stated if the Scanlan’s would like to live closer there are dozens of residents in the community who will be putting their homes up for sale because they would not feel comfortable with this. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), thanked everyone that spoke tonight especially the individuals that spoke on the fact that this is a SPRAB appeal. Dr. Kirson asked the Commission to speak solely on the SPRAB appeal. He recommended that the Commission say very little or nothing, vote “no”, and take the lawsuit and fade it out in court. Jack Barrette, 1201 Seaspray Avenue, Delray Beach, FL 33483, stated he has looked more about bizarre location of substance abuse facilities in his four months in this town then he had hoped to; however, Mr. Barrette stated he still loves Delray Beach a great deal. Mr. Barrette gave an analogy of smoking on airplanes and stated when you look at a site plan you like to think that we are saying can the smoke get out and is this something that we do not want in the neighborhood and is this something that really physical barriers or new walls, trees, grass or back out parking can change and he does not see it and this does not make any sense at all. He stated if people want to smoke these cigarettes there are places they can go and there is a place near the hospitals where you can do this. Mr. Barrette stated he does not see any reason other than money this makes sense to do in this particular location and he does not see anything physical they can with a site plan that stops this particular smoke from billowing out. Mr. Barrette stated this is not something we can resolve with trees and walls but a bigger issue of preserving the character of the neighborhood. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Frankel asked if the appellee has the burden in this hearing. The City Attorney stated he would not term it as a burden and the Commission bases their decision on substantial competent evidence. Mr. Frankel stated about 98% of what was said he cannot consider it because he would consider it inapplicable to this hearing. He stated 20 04/03/12 before himself and the rest of the Commission they have a Board Order so any comments about “not in my backyard argument” he cannot consider nor will he; “we don’t want rehabbers on our street” he will not consider that. Mr. Frankel stated several people offered substantial evidence which he considers truthful knowing what the area involves have put on the record and have testified under oath there is an art school, Richwagen’s Bike Shop, auto center, San Sebastian townhomes, hairdresser, artist, the historic Hartman Bed and Breakfast and there is another historic home. Mr. Frankel stated before him he has a Board Order and part of the Board Order reads as follows: Subsection 2 Comprehensive Plan A Future Land Use Element Objective A-1 “Properties shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, typographic, and other applicable physical considerations, in complimentary to adjacent land uses, and fulfills remaining land use needs.” Mr. Frankel stated he does not believe the applicant has provided competent substantial evidence that meets this burden so because of this he will be voting no on the appeal. Mrs. Gray stated this use is not compatible and believes it will create a negative impact to the business owners. Mrs. Gray stated she is a business owner and owns property in the City of Delray Beach and expressed concern with this not compatible she will not support the appeal. Mr. Carney stated he does not believe this Board ever abrogates its authority to determine whether or not an application itself has been processed correctly and if in fact the timing of the initial application did not include the disclosure that it was going to be 16 or 18 beds and that came after the ordinance then that is a material change and should have required that application to be restarted and that would have been after the ordinance. Mr. Carney stated the ordinance pre-empts any suggestion of grandfathering because he does not believe this is grandfathered because he thinks the initial application fail to disclose what he considers to be material information. Mr. Dorling stated staff had that discussion with the City Attorney when the request was originally made and it was the concurrency wall that in fact that they had a vested interest to the reasonable accommodation. Mr. Carney stated he believes that is material information that was omitted and is prepared to let a court make that decision as to whether or not that should have been a new application at that time. Mr. Carney stated Section 397.401 of the Florida Statutes particularly 397.403 even if all the assets in Delray were in fact purchased the licensing procedure would require a new license to be issued because the new owners would have to qualify under the Statute. He stated he is troubled by the entire application process. Mr. Carney stated under the experienced owner of Delray In-Patient Detox Center will be a 16 bed state-of-the-art detox center focused on helping the addict and alcoholic find a real solution to their problem. He stated everything about this is that a new company is coming in and they are taking advantage of an existing grant that was given and believes the change of control is substance here and the competent evidence that was put forth by Commissioner Frankel he agrees with completely and for that reason he concurs with his colleagues and not support the appeal. 21 04/03/12 Mr. Jacquet thanked everyone from the public for attending this evening. Mr. Jacquet stated the applicant is correct that this is an appeal of SPRAB’s decision and the applicant is correct that we do address this “De novo” which means the Commission reconsiders the information presented. Mr. Jacquet stated with regard to the issues with the application that was made and whether there was any misinformation or not and who owns it etc. can be reconsidered because this is a new hearing. However, Mr. Jacquet stated the test for this is simple when appealing SPRAB; do you meet all the requirements as set forth in the City’s LDRs and Comprehensive Plan. Mr. Jacquet stated the Commission cannot reasonably withhold approval once they have already adopted a legislative procedure for how they are supposed to hear this and the Commission cannot deny it only because neighbors are against it. Mr. Jacquet stated there was a fourth DCA that was provided to the City where Judge Farmer made a good point “Power of the government to regulate land use is among land use within its border is among the very reason for the existence of local government. I also believe that land ownership is at the core of our constitutional freedoms thus the power of government must be exercised with healthy regard for that right.” Mr. Jacquet stated the test is whether there is competent substantial evidence to support the Commission’s decision and believes there is competent substantial evidence to support SPRAB’s decision. Mr. Jacquet stated he believes that Future Land Use Element Objective A-1 of the Comprehensive Plan is not met and there are other issues that are not met as far as compatible with adjacent properties and the overall fabric of that area. Mayor McDuffie thanked everyone for attending this evening. He stated Quasi-Judicial Hearings do not allow the Commission to take into consideration the number of people for or against an item but there are some things the Commission can consider such as the City’s ordinances and the adherence to those ordinances in our Land Development Regulations. Mayor McDuffie stated he would like to address a comment that was made about his equating a paralyzed veteran who was here earlier tonight to receive accommodations from the City was the same as someone in substance abuse. Mayor McDuffie stated what he actually said was they are treated the same by the Federal Government. He stated they both fall under the Americans with Disabilities Act (ADA) and they are both due our respect. Mayor McDuffie stated his father was a Marine, he is a Vietnam vet, and his son just got out of the Navy serving in the Persian Gulf so he has a great regard for Veterans and wanted to make sure that what he said was very clear. Mayor McDuffie stated they are both protected the same by the Federal Government; they did not win that protection the same way. Mayor McDuffie stated the Commission is not allowed to take into consideration 99% of what was said tonight; however, there is a caveat that allows the Commission to say whether something is compatible with its neighbors and future uses and the plans that people talked about on Federal Highway. Mayor McDuffie stated the Commission just got out of a long-range planning session all day long yesterday where they planned for this city 1 year out, 5 years out and 10 years out, and 15 years out and emphasized that they are looking forward to the future and the betterment of this community in the future. He stated the Commission has the opportunity to make a decision that will be part of that future and the City is fortunately supported by Future Land Use Element Objective A-1. Mayor McDuffie stated he believes we can put these places where they are surrounded by places 22 04/03/12 like them and not our residences and our bed and breakfasts. He stated he will not support 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). Mr. Carney moved to adopt the Board Order as presented (denying the appeal), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:50 p.m., the Commission took a short break. At this point, the time being 8:57 p.m., the Commission moved to Item 10, Public Hearings. 10. PUBLIC HEARINGS: 10.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 Hearing) (THIS ITEM IS A CONTINUATION FROM THE MARCH 20, 2012 PUBLIC HEARING; IT IS NOT OPEN FOR PUBLIC COMMENTS) 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 23 04/03/12 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 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this was continued from the last meeting as a public hearing item and that public hearing was closed. The City Attorney stated the Planning Director is going to be speaking and he is still under oath from the prior meeting. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2012-058 and #2012-059. Mr. Dorling stated this was postponed from the public hearing of March 20, 2012 at which time there was as suggestion that the applicant consider the SAD zoning. The applicant has submitted a letter dated March 29, 2012 and they are asking that they be given a period of six months which would give them adequate time to prepare and submit documents that are required for the SAD zoning piece. Mr. Dorling stated the applicant has asked that since SAD is consistent with all land uses that the land use portion of their current application is no longer necessary and that it be withdrawn. The City Attorney recommends that if the Commission votes to continue this that in the motion to continue that it be for a time period not to exceed six months and prior to this item coming before the Commission again that it will have to be renoticed and re-advertised and that the applicant would pick up the expense for Ordinance No. 05-12 unless they withdraw it completely. Mr. Carney asked if the applicant comes in under the SAD availability isn’t this a brand new application anyway. The City Attorney stated it is his understanding that it is. Mr. Carney asked what the rationale is for trying to keep this application still alive even in a suspended form. Mr. Dorling stated in his discussions with the applicant is that they would like to show that they are having a continuing process rather than a complete withdrawal and a new application. He stated that goes to their negotiations with tenants and if they show that they are in fact proceeding with a 24 04/03/12 continuing application that is better than starting anew. Mr. Dorling stated at the final stage the current ordinance could be eliminated and replaced with a new ordinance should it be necessary. Mrs. Gray thanked the applicant for meeting with the residents from Tropic Bay and asked staff if he has heard anything about how the residents feel about this extended application. Mr. Dorling stated the previous meetings the City has had would appear to give them an opportunity to way in to the degree that they have not to date. Mr. Frankel stated because this is a quasi-judicial hearing does he need to disclose any communications that have been made since the last hearing. Mr. Frankel stated he received an email from Mr. Carasello requesting to talk about this issue and he responded back to him and copied the Commission and Ms. Freeman that he would not have any more discussions because based on what his communications were with the City Attorney that because the presentation of evidence was closed he was not going to hear more. For the record, Mr. Frankel stated this is former Mayor Alperin’s idea and believes this is a great idea because it is the hottest corner in the city that needs to be updated. Therefore, Mr. Frankel stated the ability to attract a first class tenant would help based on the postponement he is all for it in this SAD zoning but feels the Dr. Alperin deserve credit. Mr. Jacquet disclosed that he received a letter from Mr. Carasello which he forwarded to the City Clerk and he met with Mr. Carasello and Mr. Covelli on the site and numerous times have driven around the site and have walked some portions of the site to take a look. Mr. Jacquet stated he met with Ms. Kelli Freeman a while back and briefly discussed this issue as well. Mr. Jacquet stated with the applicant proceeding in this manner does it require and asked if they have to get a consensus from the community or the Commission as to what is allowed. Mr. Dorling stated what the SAD does is physically ties the site plan to the zoning action and it does not require that they work with anybody. Mr. Carney disclosed he too received an email from Mr. Carasello and spoke with Kelli Freeman and forwarded this email to the City Clerk. Mayor McDuffie stated he received a voicemail and email from Mr. Carasello as well but did not respond. Mrs. Gray disclosed that she too received the same email and spoke to staff. Mrs. Gray stated she received a telephone call from Bill Branning to meet with the applicant but she did not. Mayor McDuffie echoed comments expressed by Commissioner Frankel and stated this is the most important corner that needs something done to it. Mayor McDuffie stated he supports a 6 month extension with pursuit of the SAD zoning. 25 04/03/12 Mr. Jacquet moved to continue for a period not to exceed of six (6) months and when this matter comes back if it is not withdrawn that the applicant must pay for the re-notice and re-advertising of this item, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 10.B. 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. The caption of Ordinance No. 09-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING 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. (The official copy of Ordinance No. 09-12 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this ads three specific sections to the existing definition of restaurant that says all tables, chairs, and counter areas are to remain available for full course meals during all hours of operation and tables and seatings cannot be cleared away to accommodate other activities such as dance floors or other occupancy areas. Mr. Dorling stated this is to really address an issue where restaurants more of a stand-alone bar in the evenings and in the cases when they do that either because they become a stand-alone bar and the City has a distance requirement for stand-alone bars, or they fail to satisfy requirements that are currently in place for operation of restaurant and that language is being proposed. He stated some additional language that facilities that qualify for a stand-alone bar facility serving food category per Florida Statute would not qualify as a bona fide restaurant. Mr. Dorling stated the Statutes say that if you provide more than 10% of the revenue from food then you cannot have that category so that says you are providing 90% liquor at a minimum. 26 04/03/12 He stated in a situation like that you cannot meet the definition of a restaurant. Mr. Dorling stated the language is strengthened that service of full course meals be available at all times that alcoholic beverages are being served. He stated there is some concern that in later parts of the evening that facilities that are truly restaurants may in fact not have full course meals at the end of the evening and there was some discussion about some time associated with that. Mr. Dorling stated right now under the current restaurant regulation that has been in place for two years or more “A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full service meals.” Furthermore, Mr. Dorling stated the language states “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.” Mr. Dorling stated while staff is adding #6 that is really clarification of the existing ordinance. Mr. Dorling recommends approval at this time and stated this is to address an issue where people he believes are taken advantage of it and turning it into a stand-alone bar after certain hours of the evening. At its meeting of February 27, 2012, the Planning and Zoning Board reviewed the item and recommended approval with a 4 to 0 vote. At its meeting of March 7, 2012, the Pineapple Grove Main Street Committee reviewed the item and the thought there should be some additional language that would allow restaurants to move a certain amount of tables to provide a small area for entertainment venues but not to the degree that is being taken advantage of now. Mayor McDuffie declared the public hearing open. Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1st Avenue, Delray Beach, FL 33444, speaking on behalf of Union (8 East Atlantic Avenue) located next to Tryst Bull Bar Deluxe), stated because of the location of Union it does not lend itself to a full-time restaurant type of situation. Mr. Lynne stated they have a kitchen that remains open until closing and exceptionally good food. He stated their concern is that the ordinance as drafted would make them a legal non-conforming use or an illegal use. Mr. Lynne stated they are concerned about their significant investment at that location. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated at first he thought this was an invasion of government into a private business but then after speaking to people he found that this is not what the majority of residents of Delray Beach want. Dr. Kirson stated if all the standing bars would keep tabs of how drunk somebody is it would not be a problem but they do not and the problem spills out into the street. Dr. Kirson supports the Planning and Zoning Board’s recommendation to follow the rules or shut down. Butch Johnson, Tryst and 32 East, stated he is unclear as to what the ordinance is and asked if there is a certain amount of food that needs to be sold versus liquor. Mr. Johnson stated if he leaves the kitchen open therefore he can serve liquor and 27 04/03/12 noted that he has a 4COP license at Tryst. He stated he would like to be in compliance. Mr. Dorling stated in negotiations with Union there is SRX license which requires 55% food sales to 45% alcohol. He stated they are one of the few that has an SRX license; most if not all of them in downtown have a 4COP which allows them to have full liquor but does not put a cap on the percentages of food to liquor. Mr. Dorling stated the City’s regulations say that you need to meet the definition of restaurant which means you have a kitchen and that you offer full course meals all the time they are open under the current regulations (i.e. 20%, 30%, or 40%). He stated this is to address the people that do this on a regular basis. Mr. Jacquet asked for clarification regarding the 4COP license. Mr. Dorling stated there is no percentage requirement with regard to food versus alcohol. Mr. Jacquet inquired about the SRX licenses. Mr. Dorling stated the SRX licenses are 55%-45%. Mr. Jacquet asked if the City has any requirements in our definitions for restaurant on what percentage of food versus alcohol these owners should be looking at. Mr. Dorling stated the City does not. Mr. Jacquet asked if the City’s definition for restaurant specify that the kitchen must be in-house or does it just say you have to offer food within those hours. Mr. Dorling stated the current definition states that “A bona fide must have a full kitchen facility and food preparation staff capable of preparing and serving full course meals during all hours of operation.” Mr. Carney stated it does not actually state that the food has to be prepared on-site; you can staff taken out of the kitchen and bring food in from elsewhere and serve it. Mr. Dorling stated it is mute to that. Mr. Johnson asked what type of menu he has to have available and how many people does he need to have in his kitchen. Mr. Johnson stated they are a restaurant and 90% of their opening hours and on Fridays and Saturdays between 11:00 p.m. -1:30 a.m. that the crowd goes from the dinner crowd to a lively social crowd people drinking cocktails. However, Mr. Johnson stated they do not move tables and chairs. There being no one else from the public who wished to address the Commission regarding Ordinance No. 09-12, the public hearing was closed. Mrs. Gray asked if there would have to be a full staff and asked if a restaurant owner would have to have a different menu or a full menu. Mr. Dorling stated there is a difference between the language that is being proposed now which is limited to you cannot move your tables around and you cannot have a stand-alone facility and be called a bar and what is on the books now. Mr. Dorling stated the City’s current ordinance states that you have to have full kitchen facilities and food prep staff. Mr. Frankel stated he learned since this the Commission last discussed this is that every day Monday-Friday he eats lunch at nightclubs. Mr. Frankel stated he does not feel we should micro-manage what has been named the number one street in Florida. He stated there is nothing about lunch requirements, percentage of food to liquor sales, 28 04/03/12 food being prepared on-site, and there is nothing about being open 6-7 days a week. Mr. Frankel stated Tramonti’s indicated that this would cost them $5,000 a month. If this ordinance is passed as written, Mr. Frankel stated 32 East is not going to have a substandard staff. Mr. Frankel stated he understands there needs to be regulations and things need to be done to target one or two people on Atlantic Avenue but if this is passed it has much larger unintended consequences. Mr. Frankel stated he does not support this. Mr. Carney concurred with comments Commissioner Frankel and he does not want to micro-manage the restaurants in requiring them to do all these things. However, he does want to address the issue but thinks it can be done in a better way. Mr. Jacquet stated he agrees that there is an issue that we are trying to fix and feels that we are over regulating these businesses. Mr. Jacquet suggested that staff go back and relook at the definition of restaurants and address some of these questions. He stated he asked if the kitchen has to be in-house and do they actually have to produce the food within that physical structure or can they bring it in and noted this is unclear. Mr. Jacquet suggested that staff just tighten up the ordinance and be specific by stating that the restaurants have to have a kitchen within the facility and that food must be prepared within the facility. Mr. Jacquet stated he cannot support this because in his opinion it will hurt businesses and feels it is unclear. Mayor McDuffie stated he supports the idea and understands what staff is trying to do. However, Mayor McDuffie stated the City is trying to take over something that should be a law enforcement or Code Enforcement problem by over regulating our operators who are doing a great job now. Mayor McDuffie stated there are people present this evening on another issue because we have unscrupulous operators in town in that kind of business and it is very passionate. He stated we have some noise problems and some restaurants that are not really acting as restaurants. Mayor McDuffie stated if the City makes the restaurants keep everything operational so they can serve a full dinner at 1:58 a.m. before the doors close at 2:00 a.m. then there will be a lot of staff around for quite a while which costs the restaurant owners money. Mr. Dorling stated he feels that the Commission has a concern with not the new language but with the existing language in the ordinance. He stated it is not the new language that is making the restaurants non-compliant; they are in non-compliance now. Mr. Dorling stated the issues with percentages become problematic in that we would have to audit individual restaurants and there are ways that this sort of thing can be manipulated. He stated when there was an SRX license the City would call in the State and they would perform an audit as part of their enforcement. Staff can revisit some of the definitions and address the current regulations as well. Mr. Carney moved to adopt Ordinance No. 09-12 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – No; Mayor McDuffie – No; Mr. Carney – No; Mr. Jacquet – No; Mr. Frankel – No. Said motion was DENIED with a 5 to 0 vote. 29 04/03/12 10.C. ORDINANCE NO. 10-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) 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 Café”, to provide a definition, clarify required parking, and to clarify the characteristics of a Delicatessen. The caption of Ordinance No. 10-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING APPENDIX “A”, “DEFINITIONS” BY ENACTING A NEW DEFINITION OF “DELICATESSEN”; BY AMENDING 4.6.9, “OFFSTREET PARKING REGULATIONS”, SUBSECTION (C)(3)(D), “RESTAURANTS”; AND SECTION 6.3.3(F), “REGULATIONS GOVERNING THE USE, DESIGN, AND MAINTENANCE OF A SIDEWALK CAFÉ”, TO CLARIFY PARKING REQUIREMENTS AND SIDEWALK CAFÉ COMPONENTS FOR DELICATESSENS AND SIMILAR USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-12 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance clarifies parking requirements for Deli’s and similar uses and how the sidewalk café components can be utilized for those uses and also provides a new definition for delicatessen. Mr. Dorling stated there is additional clarification that sidewalk cafes can be established by modifying the current reference to public space in front of a public open space plaza adjacent to a business. He stated currently ice cream shops, sandwich shops; delicatessen’s where no indoor seating is allowed is considered a take-out facility and is subject to general parking requirements. Mr. Dorling stated it also provides that sidewalk cafés that are allowed for take-out facilities would be limited to consumption of take-out food only and that waiter and waitress service to tables is only allowed for restaurants or for facilities which have been assessed restaurant parking requirements. 30 04/03/12 At its meeting of March 7, 2012, the Pineapple Grove Main Street Committee reviewed the item and recommended approval; at its meeting of February 27, 2012, the Planning and Zoning Board reviewed the item and recommended approval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Ordinance No. 10-12, the public hearing was closed. Mr. Jacquet asked if Big Al’s counts as a delicatessen. Mr. Dorling stated they would be a kin to a delicatessen/sandwich shop and they do not have any inside seating so their sidewalk café would be subject to take-out product only. Mr. Carney stated he supports the ordinance. Mrs. Gray stated she supports the ordinance. Mr. Frankel stated he cannot support the definition of a delicatessen because he feels this is where he can get matzo ball soup and a corned beef sandwich. However, Mr. Frankel stated he can support the language of a sandwich shop. The City Manager asked if it is necessary to have the definition of a deli. Mr. Dorling stated staff could eliminate the definition and somebody comes in and says they are a deli what is the parking requirement and the City does not define deli and then there is confusion. Mr. Dorling stated if we say sandwich shops and anything similar to it not including a deli and not include a definition. Mr. Carney stated the English definition of deli is a take-out food. Mr. Dorling stated staff can eliminate the definition of deli. After brief discussion, Mr. Dorling suggested to eliminate the definition of deli (Section 2). Mr. Carney moved to adopt Ordinance No. 10-12 on Second and FINAL Reading deleting Section 2 definition of Delicatessen (Deli), seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:55 p.m., 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. 31 04/03/12 11.B. From the Public. 11.B.1. Greg Weiss, 340 S.W. 6th Avenue, Delray Beach, FL 33444 speaking on behalf of the Milagro Center, stated he is a Board member and Chair of Government Affairs Committee. Mr. Weiss stated the Milagro Center currently serves 45 elementary school aged children after school while providing arts education while teaching values such as respect, responsibility, cooperation, and tolerance. He stated the Milagro Center also provides tutoring and academic support to the most at risk children living at or below the poverty line here in Delray Beach. Additionally, the Milagro Center is now serving 20 teens providing cultural arts, living values and academic support and the teens are also offered life skills training, SAT Prep and job training. Mr. Weiss stated as of this date the City has not signed off on their new home at the Villages of Delray and this has created a situation where they cannot facilitate their Health Department permit. He stated they have new tenants that are scheduled to move into the old facility and the new tenants are a child care facility in approximately sixty (60) days. Mr. Weiss stated they do not wish to break the lease agreement because these new tenants provide a critical service to the surrounding community. He stated by not having the City sign off may put their program as a whole at risk including the summer camp for the children. Mr. Weiss stated he had a pleasant and positive conversation with the City Manager regarding their situation. He thanked the City Commission for allowing him to give an update on this unnerving situation from their perspective as a charity in Delray Beach trying to do some good work. Mr. Weiss stated he hopes we can all resolve this in a timely manner and save these vital programs. 11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated when he was campaigning he did a survey to see what each section of Delray Beach was most concerned about. Dr. Kirson stated the beach was concerned about taxes and the rest of the city was concerned about taxes. He stated there is also the problem with the transient housing and taxes go against each other. Dr. Kirson asked how much are the residents willing to spend to defend the city against transient housing and what kind of millage increase are they willing to go to. He stated it is up to the Commission to decide how much do we spend and what are the chances we are willing to take to win a case. 11.B.3. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446, stated he stands before the Commission in defense of liberty, the rules of law, and the United States Constitution and continued his remarks from the March 6, 2012 City Commission meeting. At this point, the time being 10:04 p.m., the Commission moved back to Item 9.B. of the Regular Agenda. 32 04/03/12 9.B. CONDITIONAL USE REQUEST/DELRAY GAS STATION: Consider approval of a conditional use request for Delray Gas Station (formerly known as Valero Gas Station) to allow the re-establishment of the gasoline station with attendant food sales, at 14111 South Military Trail. (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 project file #2012-079 into the record. Mr. Dorling stated this is a conditional use request to re-establish a gas station and food sales at 14111 S. Military Trail. The subject property contains a vacant Valero Gas Station, which was established in 1983 and vacated in 2009. He stated this has been purchased by the bank and they are marketing the property for a new gas station. Mr. Dorling stated since the conditional use has lapped for more than six months it requires to be re-established through this process and the new owner is proceeding with that requirement. Staff recommends approval at this time subject to the applicant coming in with a site plan being submitted and processed later. At its meeting of March 19, 2012, the Planning and Zoning Board recommended approval subject to conditions with a 7 to 0 vote. Michael Sanchez/Johnston Group, representing Iberia Bank, stated Iberia Bank acquired this property through an action by the FDIC and they would like to position the property to market it to potential gas station and so that they can renovate the property. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use 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 move to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 33 04/03/12 9.C. WAIVER REQUESTS/SW DELRAY ONE, LLC.: Consider approval of four (4) waiver requests to Land Development Regulations (LDR) to allow 9 ft. floor to ceiling height for the rooftop pavilion where 10 ft. is required pursuant to LDR Section 4.4.13(F)(1)(b), to allow 8’11” and 13’0” ft. stacking distances where a 50 ft. stacking distance is required for parking lots with 51 or more spaces pursuant to LDR Section 4.6.9(D)(3)(c)(1), to allow 50% frontage at a maximum setback of 10 ft. along SE 1st Avenue where 70%-90% is required pursuant to LDR Section 4.4.13(F)(4)(c)(1) , to allow 11.59% frontage at a minimum setback of 15 ft. for heights above 25’ along SE 1st Avenue where 70% is required, and to allow 76% of the ground level floor area for floor levels above 25’ where a 70% maximum is allowed pursuant to LDR Section 4.4.13(F)(4)(c)(2) for the proposed Saxena White Corporate Office 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. 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 #2012-035 into the record. Mr. Dorling stated this is the Saxena White Office Building and the Commission saw waivers for the sidewalk at their previous meeting. He stated there are four (4) additional waivers that are requested at this time as part of that site planning process. One of those waivers is to allow a 9 foot ceiling to height for a rooftop pavilion where ten feet is required and allow a 8 foot 11 inch and 13 foot stacking distance requirements for the parking lot where a 50 feet stacking distance is required and some modifications to the frontage requirements in the CBD design guidelines. Mr. Dorling stated there is a 50% frontage at a maximum 10 foot setback where 70%-90% is required; and a 70% requirement of ground floor to upper floors where 76% is proposed. Mr. Dorling stated the required findings are made in LDR Section 2.4.5(B)(5) and the analysis of each of these is in the staff report. Mr. Dorling stated staff has a concern relating to the first waiver which is a reduction from 9 foot to ten foot; from 10 foot to 9 foot there is a minimum height for all floors and this can be accomplished. He stated staff is not sure why it is not proposed in this case but staff is suggesting that it would be a grant of special privilege and therefore is not supporting that portion of the waiver; however, staff supports the balance of the waivers. Mr. Dorling stated the Site Plan Review and Appearance Board (SPRAB) considered these waivers as part of their review and recommended approval with a 6 to 0 vote on all of the waivers; however, that first waiver they suggested that it only be approved only in the event the required height could not be achieved. Staff believes this height can be achieved with a 48 foot height limit and 45 foot current limit of that building. Staff recommends approval of three of the waivers with the exception of waiver #1 which staff recommends denial as did SPRAB. 34 04/03/12 Richard Jones, Richard Jones Architecture, 10 S.E. 1st Avenue A, Delray Beach, FL 33444, stated they are very excited about this project coming to downtown as well as their clients Sazena White. Mr. Jones stated they are bringing several attorneys and other well paid individuals that are going to be relocating their businesses from Boca Raton. He stated they feel that they have provided justification for all the waivers. Mr. Jones stated the 9 foot versus the 10 foot at the top he feels they could get it to work at ten feet. He stated they would like to have the waiver approved in case they need that foot and feels they can accommodate the four-stories within the 48 feet. Mr. Jones stated SPRAB thought it was 44 feet but it is actually 48 feet. Mr. Jones urged the Commission to approve all the waivers. 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. Mr. Jacquet stated that Mr. Jones stated that it is possible that he could meet that ten foot requirement but he is not sure yet but in case he is unable to meet it that is why he is wanting this waiver. Mr. Jones stated the original concept design and the other drawings that had occupied they planned for certain ceiling heights on each floor and when they got to the top they found they could only accommodate a 9 foot ceiling. Mr. Jones stated the top floor is just a pavilion and it includes a bathroom for a rooftop terrace and some storage. He stated if they add a foot in that rooftop pavilion which would seldom be used they would have to take it out of ceiling heights on the lower three floors. Mr. Jones stated these are leasable floors and are at a ceiling height minimum for Class A office space. Mr. Jacquet asked staff about the extra foot. Mr. Dorling stated staff was basing that assumption on the dimensions that were previously provided which showed 45 feet. He stated if in fact it is 48 feet then staff’s position would be different. Mr. Jacquet asked if it is in fact 48 feet. Mr. Jones stated it is 48 feet. Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 21-12/DELRAY BEACH ECONOMIC DEVELOPMENT FUND: Consider approval of Resolution No. 21-12 which recognizes the importance of economic opportunities within city boundaries, establishes the Delray Beach Economic Development Fund to provide matching funds for various State economic development incentives and provide an effective date. The caption of Resolution No. 21-12 is as follows: 35 04/03/12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING THE IMPORTANCE OF ECONOMIC OPPORTUNITIES WITHIN THE CITY BOUNDARIES; APPROVING THE ESTABLISHMENT OF THE DELRAY BEACH ECONOMIC DEVELOPMENT FUND; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 21-12 is on file in the City Clerk’s office.) Vin Nolan, Economic Development Director/Community Redevelopment Agency (CRA), stated this is a request for the Commission to act on creating the Delray Beach Economic Development Fund in accordance with discussion that they held at the March 15, 2012 Workshop. Mr. Nolan stated the CRA described to the Commission the baseline that they feel is necessary to get on track to fulfill their broader city-wide economic initiatives in particular the Congress Corridor. He stated this is a resolution that establishes that fund and designates a specific amount that they would anticipate be allocated towards that fund. Mr. Frankel stated because the work is ¾ CRA and ¼ City is the CRA putting up $3 million and will there be some overlap. The City Manager stated he does not envision much of this happening within the CRA district but he pointed out that each individual match be approved by the City Commission and if we happen to get a business that wants to go in the CRA district then the City would ask them to put up some of the money to make this local match. Mr. Nolan stated Mrs. Gray stated she is glad to see the progress that we have made in the short period of time and asked if we need more staff. She stated everyone is on board with this but the Commission really wants to see some work being done and some results. Mr. Nolan stated at the present time over the past six months since he has been here most of his work with the CRA is tactical and the work he has been doing on the City side is strategic and long-term. Mrs. Gray asked if the grant dollars that we would be matching are they job specific. Mr. Nolan stated the largest proportion of them are that is the QTI Program that the State does for special targeted industries and those are $3,000.00 per job created in those categories. Mr. Nolan stated they have already initiated some work towards reaching out to the State Legislative Delegation to look towards next year’s legislative session and the creation of an enterprise zone which will double those State dollars that will come back to them. Mrs. Gray asked if the $1 million that Mr. Nolan is requesting is sufficient. Mr. Nolan stated they have to say that there is a dollar amount out there that they are prepared to commit to show their seriousness for the business community and their upstream stakeholders at the County and the State level. He stated if they see a lot of activity and it is going in the direction that they want and they want to come back later and suggest a new number they will do that at the appropriate point in 36 04/03/12 time. The City Manager stated the local match is 20% so $1 million would generate another $4-5 million. Mr. Jacquet stated if we do not match this 20% that the City is putting in then we lose the other 80%. Mr. Nolan stated this is our seed core and they are basically planting for the future. Mr. Nolan stated the jobs that will come as a result and the tax based growth that will come as a result of the nominal expenditure against the 80% that will come back that is passing us at the present time will yield both the tax base growth and the job creation which also throws off additional revenue to the city. He stated this is future investment dollars. Mayor McDuffie stated he has had the privilege to be involved in many of these site selection trips in Boca and this is something that has been needed for quite some time. He stated this is a great step and looks forward to the enterprise zone becoming a reality. Mr. Frankel moved to approve Resolution No. 21-12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.E. REQUEST DIRECTION ON THE CONVERSION OF S.E. 1STSTREET: Provide direction on the implementation schedule for the conversion of S.E. 1st Street to two-way traffic from S.E. 1st Avenue to S.E. 6th Avenue. Randal Krejcarek, City Engineer, stated this item is for the conversion of S.E. 1st Street and it starts at South Swinton Avenue and goes east to northbound Federal Highway and is converted from one-way to two-way. Mr. Krejcarek stated staff has been working with the County on converting the signals and the three intersections that are signalized are Swinton, southbound Federal Highway and northbound Federal Highway. He stated South Swinton intersection does not have a right-of-way and existing signals are on FPL poles and FPL does not allow signals on their poles anymore. Therefore, Mr. Krejcarek stated the City is going to have to obtain right-of-way or easements in order to put in the new poles and mast arms. The redevelopment on the northeast corner is currently going through a review process and staff has asked for a corner clip on that area to accommodate a mast arm. He stated he had conversations with the County about putting one pole in and just diagonal across and hang all the signals on that. Mr. Krejcarek stated the next one is South Federal Highway and the existing roadway is built out almost to the maximum right-of-way and the existing poles are not structurally sound enough to handle the additional heads that have to be placed up there. He stated two additional poles would have to be placed on the west approach on S.E. 1st Street. Mr. Krejcarek stated two additional poles would have to be placed on the west approach on S.E. 1st Street to hang new signal heads on there; staff would have to talk to both property owners and obtain easements to put those new poles in. He stated the temporary at S.E. 37 04/03/12 5th Avenue would be with wood poles not with mast arms because when they come through with the Federal Highway project which starts later this summer, that intersection is going to get completely redone with mast arms. Mr. Krejcarek stated S.E. 1st Street at northbound Federal Highway is a much easier intersection to handle. He stated the other issue is both southbound and northbound Federal Highway even for the temporary the City has to go to FDOT for a permit and there has been preliminary indications from FDOT that even though we are so far along with the design of the Federal Highway Beautification Project they still have not required the City to bring those intersections up to ADA compliant which means that the City will have to do some physical at two if not four of the corners of both intersections in addition to the work that the County is going to do. He stated the City does not know the cost of that work until staff receives the comments back from the State. Mr. Krejacarek stated the cost is approximately $67,000.00 depending on the requirements from the State and with regard to the timeframe and the minimum would be ten months and the longest could be as much as two years and the reason is because of the fact that the City would have to get easements for the intersection at southbound Federal and southeast 1st. Mr. Krejcarek suggested looking at running at S.E. 1st Street from S.E. 1st Avenue going west to S.E. 6th Avenue to a two-way until staff can resolve the issues at the intersection of Swinton Avenue. He reiterated that the anticipated start date is late this summer and the anticipated completion date of the Federal Highway Beautification Project is October 2013. He stated even if the City started with the temporary conversion this may not be completed with that by the City gets under construction with the Federal Highway project. Staff recommends not moving forward at this time and letting it naturally evolve with the Federal Highway project. The City Manager stated there have been five (5) accidents along S.E. 1st Street in the last ten months involving people turning into oncoming traffic. Mr. Frankel stated he recognizes the fact that a lot of cars go the wrong way. However, he stated if we are patient we can save $65,000.00 in taxpayer dollars then he is in favor of staff’s recommendation. Mrs. Gray supports staff’s recommendation. Mr. Carney supports staff’s recommendation. Mr. Jacquet stated that is a dangerous one-way and he would like to see this go forward as soon as possible. Mr. Jacquet stated he supports staff’s recommendation. Mayor McDuffie stated it is foolish to make these changes and then go do everything again. He agrees that we do not have to spend $65,000.00 and asked if the City’s Federal funding remained intact. Mr. Krejcarek stated at the last meeting the Commission approved the LAP (Local Agency Program) and that is what the Federal funding is tied to. 38 04/03/12 Mr. Frankel moved to approve staff’s recommendation and wait the additional 18 months and not spend the estimated $65,000.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.F. REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES: Review and discuss an alternate date for the January 1, 2013 Regular Meeting and provide direction on whether to schedule the January 29, 2013 Annual Citizen's Roundtable. The City Manager stated in setting the meeting dates it was overlooked that the first Tuesday in January falls on January 1, 2013 so that date needs to be changed and the calendar had on it a potential Annual Citizen’s Roundtable date of January 29, 2013. It was the consensus of the Commission to hold the first regular meeting on January 3, 2013. Mr. Frankel asked if there is an estimate of how many staff hours are designated to the presentations. The City Manager stated he would guess between 60-80 hours and it is highly paid people as well. Mr. Frankel stated what the Commission had last week with Lyle Sumek with citizen’s and expand it to different homeowners’ associations Mr. Frankel stated that kind of time being taken away from pressing business for a very minimal attendance he feels there is better use of time. The City Manager suggested that department heads be done during the day and the Citizen’s Summit that evening on April 1, 2013. The City Manager stated they could expand the invitation list and let each Commission invite 12-15 people to ensure that we end up with at least 50 people there. Mayor McDuffie stated there is a much better participation in the Citizen’s Summit than the Annual Citizen’s Roundtable. Mrs. Gray stated she is in favor of the Citizen’s Summit as long as the City makes sure to add more residents and not just the non-profits or organizational institutions. Mr. Jacquet stated he loves the Annual Citizen’s Roundtable and feels it is an opportunity for the residents to be involved in what it is that we are doing and it is very symbolic of open government. However, Mr. Jacquet stated he agrees that the Citizen’s Summit and would like to merge the Citizen’s Summit and the Annual Citizen’s Roundtable to still allow the public to be involved and also make it more productive. He concurred with comments expressed by the City Manager to invite more than 10 people and include some residents who live here. 39 04/03/12 Mayor McDuffie stated the issue with the Annual Citizen’s Roundtable is dramatically diminishing participation. The City Manager stated staff will work on this. 9.G. REVISED VALET PARKING LICENSE AGREEMENTS: Consider approval modifications contained in the proposed Valet Parking License Agreements. Scott Aronson, Parking Management Specialist, stated at the March 15, 2012 Workshop meeting staff discussed changes to the Valet Agreement that were proposed from direction of the December 6, 2011 City Commission meeting. Mr. Aronson stated at that meeting it was determined that the restaurant owners and stakeholders made some valid arguments to the validity and the success of the program that the City was administering at the time as opposed to the options that were provided in lieu of that program. Mr. Aronson stated those have been incorporated into the new agreement; all signage must include “Open to the Public”; the agreement terms were recommended to be extended (3-5 years) and the City selected a three-year term. He stated staff has also proposed 3% annual increases and noted fees have remained unchanged for several years and staff recommends a 5% on the initial agreement and then those 3% increases to come in the subsequent renewal years. Also, Mr. Aronson stated addressing the uniforms that they be displayed permanently with the valet on the rear or the front of shirt. Mr. Aronson stated there was a disparity between east of the Intracoastal fees per space per month $125 and west of the Intracoastal is $100. He stated there was a comment that those fees should be equal. Mr. Aronson stated then the discussions from the Commission turned to keeping increases moderate so that we do not end up with a situation where they have increased parking valet fees in order to make a successful project. He stated he did not incorporate the $25 increase to the queues west of the Intracoastal and asked for clarification on this. Mr. Aronson stated the Parking Management Advisory Board reviewed these modifications in between those two times there were a couple of ideas that were thought of that were not available at the Commission Workshop: (A) valet services must be provided throughout the year to assure service is consistently available to customers of area. He stated in the past restaurateurs have opted not to provide the service; they pay the fee so that they can maintain the queue but they do not put the valets out and three spaces usually went back into the parking pool. Staff feels that being that it is now a service for neighboring businesses including validation programs to be available that they be required to provide that service 12 months out of the year; (B) queues should be staffed by a minimum of two (2) employees, with one stationed at the valet queue at all times, to assure the smooth flow of traffic in the queue and to prevent illegal parking in the queue which may result in a citation being issued and/or vehicle being towed, and (C) parking lot(s) required for the storage of vehicles must be in the name of the licensee to assure continued compliance with the agreement if a change in valet operators is needed. Mr. Aronson stated the Parking Management Advisory Board (PMAB) reviewed these recommendations as well. The Board did not recommend approval of the 40 04/03/12 following recommendations: (1) valet company name and/or logo on the front of shirt, (2) the proposed 5% increase failed to pass in a 3-3 vote (Marincola and Gergen rescued themselves from this financial aspect of the Board’s action), and (3) did not agree with the 2-person minimum staffing level. Mrs. Gray stated with regard to the valet queues west of the Intracoastal should be the same price as east Atlantic Avenue ($125). Mr. Aronson stated the difference between the two is that the valets east of the Intracoastal work in the daytime from 11:00 a.m. to 10:00 p.m. He stated there is no difference in those fees but east of the Intracoastal is metered area so there was some difference in price to make up for that difference in revenue that the City was not seeing from metering at that valet queue between 11:00 a.m. and 5:00 p.m. The City Manager stated the valet parking queues west of the Intracoastal start after 5:00 p.m. and the ones east of the Intracoastal have an additional six hours of service. Mr. Carney commented about the recommendations that the PMAB did not recommend. Mr. Aronson staff recommends that the shirts be light in color because the valets are working in the right-of-way at night and the Board agreed with that as well. Mr. Carney stated he supports the recommendation. Mr. Jacquet stated he read the license agreement and thought it was pretty well written. Mr. Jacquet stated the only question he has is #16 the penalties for violations/termination and asked if there is any specific time period and is it four within the term of the agreement. Mr. Aronson stated it is within the licensing year so it is from its date of origin to its expiration. The City Attorney stated we need to clarify this to make it on an annual basis. Mr. Frankel stated he attended the PMAB meeting on March 27, 2012 and agrees with staff and wants to keep the valet fees within that $5-$10 range. The City Attorney stated pursuant to our local rules the Commission will need to make a motion to extend the meeting otherwise it will end now. Mr. Carney moved to approve the revised Valet Parking License Agreement, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie –Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve to extend the City Commission meeting beyond 11:00 p.m., seconded by Mr. Jacquet. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 41 04/03/12 9.H. OFFER OF SETTLEMENT IN VINCENT GRAY v. CITY OF DELRAY BEACH AND RALPH PHILLIPS: Consider an Offer of Settlement in the total amount of $175,000.00 in Gray v. City of Delray Beach and Ralph Phillips. Staff recommends denial. The City Attorney stated the plaintiff’s attorney has offered to settle this case for $175,000.00 and staff recommends denial. Mr. Frankel moved to deny the Offer of Settlement in Vincent Gray v. City of Delray Beach and Ralph Phillips, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.I. 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 Jacquet (Seat #2). Mr. Jacquet stated he would like to defer his appointment to the next regular meeting of April 17, 2012. 9.J. 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). Mrs. Gray moved to appoint Colson Zulmar (Zone 2) to the Neighborhood Advisory Council as a regular member to serve an unexpired term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CHARTER REVISION COMMITTEE: Appoint the Chairperson to the Charter Revision Committee. The appointment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he would like to appoint Jay Alperin as the Chairperson to the Charter Revision Committee. Mr. Carney so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:02 p.m., the Commission moved to Item 12, First Readings. 42 04/03/12 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-scale) from CMR (Commerce) to TRN (Transitional), rezoning from LI (Light Industrial) to NC (Neighborhood Commercial) and text amendment to the General Commercial Land Use Description for 10th & 10th Center, located at the southeast corner of S.W. 10th Street and S.W. 10th Avenue. If passed, a public hearing will be held on April 17, 2012. The caption of Ordinance No. 14-12 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 CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF SW 10TH STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD 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. 14-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Ron Hoggard, Principal Planner, stated the property is located as the southeast corner of S.W. 10th Street and S.W. 10th Avenue. The property is currently undeveloped. Mr. Hoggard stated the property is 1 ½ acres and is located within the Wallace Drive industrial area and is subject to the Wallace Drive Redevelopment Plan adopted by the City Commission in 2004. He stated that Plan recommended a Future Land Use Map and rezoning for the property to Commerce (CMR) and from single family R-1-A zoning to Light Industrial (LI) zoning. Mr. Hoggard stated the requested 43 04/03/12 Future Land Use Map amendment from CMR (Commerce) to TRN (Transitional) and rezoning from Light Industrial (LI) to Neighborhood Commercial (NC) is to allow development of a neighborhood commercial center at this location. Mr. Hoggard stated the Wallace Drive Plan in 2004 which make additional industrial development impractical; and that there has been an increase in residential development in the immediate area specifically in the Villages of Delray area to the north that has resulted in increased demand for neighborhood retail and services uses. Staff does agree that there has been a change in industrial along with commercial and everything else because of the economic downturn staff does not agree that the current economic conditions represent a necessity to change its long-range Future Land Use provisions for the city. The City only has 374 acres of land within the Industrial Land Use categories of IND (Industrial) and CMR (Commerce) which represents 3.7% of the City’s developable area. Staff also reduced the amount of industrial land uses in 2006 when they created the MROC District along the Congress Avenue Corridor. Staff’s position is also supported by the Palm Beach County Light Industrial Land Use Study “Whitepaper” and “Land Use Toolkit” which recommends retention of industrial property in Palm Beach County. He stated in terms of increase demand from the additional residential development in the area there has been additional development north of 10th and 445 additional residential multifamily units have been approved and some of the units built within the area north of S.W. 10th Street, this area was zoned for multiple family development prior to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long-range planning, staff does not feel it represents a change in circumstances. Mr. Hoggard stated the convenience needs of the residents are being met by two convenient stores; the ABC mini mart and another convenient store at the Sherwood Park plaza which is at the Valero Gas Station on S.W. 10th Street and Congress Avenue. He stated the applicant’s intent is to put a dollar type store in this area. At one time, Mr. Hoggard stated that center had a Dollar General Store but it has since been closed. Mr. Hoggard stated there is also major shopping available on Linton Boulevard including Linton Square Plaza, Linton Center, and The Plaza at Delray. He stated downtown Delray Beach is 1.7 miles away with a wide variety of shopping. Staff feels that the changed conditions are not sufficient to warrant approval of the proposed modification or the change in zoning and recommends that the reduction is in direct conflict with Future Land Use Element A-1.3 which states that such reductions should be discouraged. Mr. Hoggard stated since the proposed FLUM Amendment and rezoning are not consistent with the recommendations in the adopted Wallace Drive Plan they are also seeking an amendment to that Plan which would come to the Commission at second reading of this ordinance. At its meeting of March 19, 2012, the Planning and Zoning Board had a public hearing for the amendment and rezoning and the land use redevelopment plan amendment. Staff provided their analysis and the applicant presented their justification. Several members of the public spoke (some in favor and some against) and the Board recommended approval with a 7 to 0 vote. Although the Board did recommend approval, staff still recommends that the City deny the ordinance and retain the commerce designation at this location. 44 04/03/12 Mrs. Gray stated this piece of property has been vacant for a very long time and north of that is residential homes from that point to Linton Boulevard. Mr. Hoggard stated the area to the north is residential but the area to the south is an industrial area; Light Industrial (LI). Mr. Hoggard stated prior to the Wallace Drive Plan this was zoned single family residential. Mr. Hoggard stated the County had a plan done in 2007 that was their “Whitepaper” and “Land Use Toolkit” and they looked at the entire County for industrial development and felt that we needed to preserve light industrial development in the County as a whole and that the municipalities need to adopt regulations to do that and recommended some amendments to their Comp Plans. Mr. Hoggard stated the City has that policy in our plan that states “conversion from the commerce designation will be discouraged.” The City Manager stated this is a classic case of spot zoning. Mr. Carney asked how light industrial is defined and what are the types of industries would be allowed. Mr. Hoggard stated it allows a range of uses such as a research and development, wholesaling, storage and distribution, manufacturing and assembly, office and repair and limited retail if the item is constructed on the premises. With regard to comments expressed by the City Commission, Mr. Jacquet asked if he is referring to Neighborhood Commercial (NC). Mr. Jacquet asked if the NC is owned by one person and everything else is different owners. Mr. Hoggard stated this is correct. The City Manager stated the same owner owns some other parts of that block. Mr. Hoggard stated he has the parcels on the south end but not connecting. Mayor McDuffie stated he does not feel that the little store across the street does the job for the residential that is around there. He commented about the redevelopment plan for Carver Estates. Mr. Hoggard stated he has a hard time believing that somebody is going to do major shopping ½ miles away and feels it is going to be mostly convenient store type items. The City Attorney recommended that the Commission pass this ordinance on first reading so that the Commission can get to the quasi-judicial hearing on second reading. Mr. Frankel moved to approve Ordinance No. 14-12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated that he distributes a two page summary financial report and the narrative section of the Police Department’s report. He stated if staff is 45 04/03/12 giving the Commission too much then they can cut some things off or if there are other departments the Commission would like to see reports from he can forward those to them. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated it is an honor and pleasure to serve this great city on this Commission. He stated he was impressed from the meeting yesterday and likes the way the Commission works together because he sees they have the same commitment and passion for the city that he feels the people and he have. 13.C.2. Mr. Carney Mr. Carney had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray wished everyone a Happy Easter and stated she will be traveling to California to see her 1 year old granddaughter and asked everyone to pray for her safe travel. 13.C.4. Mr. Frankel Mr. Frankel wished everyone a Happy Passover. Secondly, Mr. Frankel stated he went to the new restaurant 75 Main on Atlantic Avenue. He stated the restaurant is beautiful; however, on the walls there are several photos of naked females on the walls. Mr. Frankel stated he was informed by Code Enforcement that they have on order a big statue of David. Mr. Frankel stated he believes some people of the public may take offense to this. 13.C.5. Mayor McDuffie Mayor McDuffie thanked everyone for attending the meeting. There being no further business, Mayor McDuffie declared the meeting adjourned at 11:23 p.m. 46 04/03/12 __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R 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 April 3, 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. City Commission Meeting on April 3, 2012; Item 9.A. City Commission Meeting on April 3, 2012; Item 9.A. City Commission Meeting on April 3, 2012; Item 9.A. City Commission Meeting on April 3, 2012; Item 9.A. City Commission Meeting on April 3, 2012 Item 9.B. City Commission Meeting on April 3, 2012 Item 9.B. Planning and Zoning Board -Staff Report of March 19, 2012 Conditional Use – Gasoline Station aka Valero) Page 7 APPENDIX “B” LANDSCAPE TECHNICAL ITEMS 1) A landscape plan was not submitted. This plan shall be incorporated into the submittal. The landscape plan shall show all existing vegetation and incorporate the below required items (see no. 2). The landscape plan should be signed and sealed by a Registered Landscape Architect (RLA). 2) A site visit was performed on February 17, 2012 and the following observations were noted: a) The hedge facing Military Trail is in very poor condition and requires replacement with a new hedge that is a minimum of 2’ in overall height. b) The south perimeter landscape buffer is missing a hedge and canopy trees. Install a 2’ hedge within this buffer, adjacent to the existing vehicular use area. Canopy trees that are 12’ in height shall be installed at 30’ on center. Use FPL approved species due to the overhead lines. c) The west perimeter landscape buffer, adjacent to the parking lot, requires 12’ tall canopy trees spaced at 30’ on center. d) All landscape islands shall contain at least one (1) 12’ canopy tree. There are at least three islands where canopy trees are missing City Commission Meeting on Aril 3, 2012; Item 9.C. City Commission Meeting on Aril 3, 2012; Item 9.C. City Commission Meeting on Aril 3, 2012; Item 9.C. WHEREAS, communication disorders, including impairments of hearing, speech, and language, affect more than 42 million people nationally; and WHEREAS, between 1900 and 2050, the number of people with communication disorders has increased at a faster rate than the total U.S. population as a direct result of aging; and WHEREAS, 95 percent of communication disorders can be helped with medical treatment, advanced technology, or appropriate intervention services; and WHEREAS, national and local organizations concerned with communication disorders have joined together in a common desire to promote public awareness through communication outreach; and WHEREAS, such an effort will encourage early detection and increase awareness of communication disorders, as well as proper prevention and treatment. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May, 2012 as: BETTER HEARING MONTH in the City of Delray Beach, Florida, and urge all citizens to learn more about communication disorders and the prevention and treatment of disorders of hearing, speech, and language. 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 1st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have observed certain rules of behavior generally known as civility; and WHEREAS, civility, derived from the Latin words “civitas” meaning city and “civis” meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the open exchange of ideas, prevent fair discussion of the issues, and can discourage individuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diverse issues and allow for mutually respectful ongoing relationships; and WHEREAS, civility can uplift our daily life and make it more pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section of The Florida Bar urges the adoption of a pledge of civility by all citizens in the State of Florida. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May, 2012 as: CIVILITY MONTH and calls upon all citizens to exercise civility towards each other. 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 1st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, millions of people throughout the world consider prayer the most important utterance of mankind; and WHEREAS, prayer comforts us in times of sorrow and gives us strength and hope for the future; and WHEREAS, throughout the history of our state and nation, Americans have given thanks to God for the many blessings which God has graciously bestowed on our nation and have humbly prayed for guidance, comfort, and protection; and WHEREAS, we continue to give thanks for the men and women of the military who defend freedom, and we humbly ask God for their protection and pray for peace throughout the world. We ask God to keep His hand upon us and bless the City of Delray Beach, the great State of Florida, and the United States of America; and WHEREAS, the National Day of Prayer is recognized by Congress as a day for all Americans to pray and reaffirm the spiritual principles upon which our nation was founded; and WHEREAS, this is the 61st anniversary of the annual observance of the National Day of Prayer, and this year’s theme is “One Nation Under God”, based on Psalm 33:12, “Blessed is the nation whose God is the Lord”; and WHEREAS, on May 3, 2012, Americans across our nation and state will unite in prayer to acknowledge our dependence upon God, give thanks for the many blessings our country has received from Him, recognize our need for personal and community repentance and renewal, invoke God’s blessings upon our leaders and ask God to protect and bless our nation. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 3, 2012 as: NATIONAL DAY OF PRAYER in the City of Delray Beach, Florida, and extend greetings and blessings to all observing the National Day of Prayer. 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 1st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the Knights of Pythagoras Mentoring Network has been paying tribute to dedicated women who give unconditional love and guidance to children in Delray Beach for the past 21 years; and WHEREAS, Delray Beach’s mothers are women of determination and vision. They serve as caregivers and guides, helping to build the foundation for our children’s success and nurturing them as they grow and explore the great promise of our Nation. Through these mothers’ examples, children come to understand the virtue of kindness, the blessing of compassion, and the importance of principle. A mother’s support encourages children to make right choices, set high goals, and become good citizens. A mother’s love inspires children to achieve their full potential and strengthens the character of our country. The commitment and love of mothers reflect the best of America; and WHEREAS, on Mother’s Day, we pay tribute to the extraordinary women whose guidance and unconditional love shape our lives and our future. Motherhood often allows little time for rest. As President Theodore Roosevelt said of the American mother in 1905, “Upon her time and strength, demands are made not only every hour of the day but often every hour of the night.” President Roosevelt's words ring as true today as they did 100 years ago; and WHEREAS, the hard, perpetual work of motherhood shows us that a single soul can make a difference in a young person’s future. As sources of hope, stability, and love, these mothers teach young people to honor the values that sustain a free society. By raising children to be responsible citizens, mothers serve a cause larger than themselves and strengthen our community; and WHEREAS, Mothers are tireless advocates for children. In our schools, mothers help to ensure that every child reaches his or her full potential. In our community, they set an example by reaching out to those who are lost and offering love to those who hurt. A mother's caring presence helps children to resist peer pressure, focus on making the right choices, and realize their promise and potential; and WHEREAS, in an hour of testing, one person can show the compassion and character of a whole country. In supporting their sons and daughters as they grow and learn, these mothers bring care and hope into others’ lives and make our city a more just, compassionate, and loving place. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, do hereby proclaim May 12, 2012, as: Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day and encourage all residents of this All-America City to express their love, appreciation, and admiration to these mothers for making a difference in the lives of our children, families, and community. I also call upon citizens to observe this day with appropriate programs, ceremonies, and activities. 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 1st day of May, 2012. ___________________________ NELSON S. MCDUFFIE MAYOR WHEREAS, safe, clean, and sustainable water resources are essential to Florida’s environment, economy, citizens and visitors; and WHEREAS, Florida’s water supplies are finite, while our population and our need for water resources continues to increase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida’s precious water resources; and WHEREAS, Florida has established the encouragement and promotion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes; and WHEREAS, Florida’s permitted reuse capacity exceeds 1.5 billion gallons per day (over 62 percent of Florida’s total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida has risen to be the national leader in water reuse – reusing 241 billion gallons of reclaimed water in 2010 to conserve freshwater supplies and replenish our rivers, streams, lakes, and aquifers; and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Protection, and the South Florida Water Management District in encouraging and promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water reuse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim the week of May 21 – 26, 2012 as: WATER REUSE WEEK and call upon each citizen and business of Delray Beach, Florida to help protect our precious resource by practicing water conservation and to use reclaimed water in an efficient and effective means. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 1st day of May, 2012. ___________________________ _______ NELSON S. MCDUFFIE MAYOR WHEREAS, according to the U.S. Department of Justice, in one year there were an estimated nearly 800,000 children missing; and WHEREAS, on average, an estimated 2,200 children are reported missing to law-enforcement agencies daily; and WHEREAS, 58,200 of these children are victims of non-family abductions and more than 200,000 are the victims of family abductions; and WHEREAS, the National Center for Missing & Exploited Children© (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and professionals who serve them; and WHEREAS, the City of Delray Beach urges the participation of local government, law enforcement, schools, community-based organizations, and families in the protection and education of all individuals about child abduction and sexual exploitation, appropriate protective measures, and ways to respond and seek help from law enforcement, social services, and the National Center for Missing & Exploited Children; and WHEREAS, this special day is a time to remember those children who are missing and give hope to their families. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, do hereby proclaim May 25, 2012 as: NATIONAL MISSING CHILDREN’S DAY in Delray Beach and encourage all individuals to take 25 minutes to help children stay safer. 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 1st day of May, 2012. ______________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO: Mayor and City Commissioners FROM: Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 23, 2012 SUBJECT: AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF MAY 1, 2012 RIGHT OF WAY DEED ACCEPTANCE/119 S.W. 4TH AVENUE ITEM BEFORE COMMISSION Acceptance of a Right-of-Way Deed for two feet (2’) of alley right-of-way for the property located at 119 S.W. 4th Avenue. BACKGROUND The owner submitted a building permit application for internal and external renovations of subject residence. The subject property is an existing single family residence located on the east side of S.W. 4th Avenue, south of S.W. 1st Street and abuts a sixteen foot (16') alley. Refer to attached location map. Pursuant to LDR Section 5.3.1(D)(2), the required minimum width of an alley is twenty feet (20’). The current dedicated alley right-of-way is sixteen feet (16’). Therefore, a dedication equivalent to one-half the additional right-of-way (i.e. two feet) from the east property line is required. This dedication is described within the attached “Exhibit A” and is consistent with the width that has been provided with other redevelopment along S.W. 4th Avenue. RECOMMENDATION By motion, accept two foot (2’) of additional alley right-of-way through the attached Right-of-Way Deed for the propertylocated at 119 S.W. 4th Avenue. 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: April 25, 2012 SUBJECT: AGENDA ITEM 8.B. -REGULAR COMMISSION MEETING OF MAY 1, 2012 CONSULTING AGREEMENT/ANGELA BAILUS ITEM BEFORE COMMISSION This item is before the Commission to approve an agreement with Angela Bailus for the review, update and submission of the 2012 Non Ad Valorem Storm Water Tax Roll. Total cost of agreement is $19,000.00. BACKGROUND On April 5, 2012, Angela Bailus retired from the City of Delray Beach. Ms. Bailus had 17 years of experience as the City’s Storm Water Administrator. One aspect of her duties was to receive, verify, correct and submit the annual Storm Water Non Ad Valorem Tax Roll to the Property Appraiser and Tax Assessor. The 2012 Tax Roll calendar sets specific dates on which the City is required to submit adjusted Storm Water Tax Roll to the Property Appraiser and Tax Collector. The first submittal deadline is in July and the final submittal deadline is in September. Ms. Bailus has prepared the City’s Storm Water Tax Roll for the past 17 years and since a replacement will not be hired and trained in time to complete this year’s Storm Water Tax Roll, staff is requesting approval to hire Ms. Bailus on a contractual basis for sole purpose of completing this year’s Storm Water Tax Roll. The agreement with Ms. Bailus will commence May 1st and end on September 30th. FUNDING SOURCE 448-5411-538-31.90 RECOMMENDATION Staff recommends approval. CONSULTING AGREEMENT THIS AGREEMENT made and entered into this _____ day of ___________________ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the “City” and ANGELA BAILUS, hereinafter referred to as “Consultant”. WITNESSETH: WHEREAS, the parties desire to enter into an agreement to provide particular labor and employment services to the City; and, WHEREAS, the Consultant has seventeen (17) years experience providing services required by this agreement; and WHEREAS, the parties desire the Consultant to act as an Independent Contractor; and WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and WHEREAS, the parties understand that the Consultant, as an Independent Contractor, will control the hours of work necessary to perform the services set forth herein without exceeding forty (40) hours in any one work week; and, WHEREAS, the City will provide support for the Consultant only while the Consultant is performing services related to this agreement, and that the primary 2 location for the conduct of Consultant’s business will be as determined by the Consultant and will not be located on any premises owned by the City; and, WHEREAS, the Consultant will provide all supplies necessary to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant shall hire his own employees, if the Consultant deems it necessary to perform the services provided for herein; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained in Exhibit “A” hereto, but shall not undertake the general functions of management associated with the work in the Environmental Services Department. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals. That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all services in an efficient and timely manner. 3. Duties. Consultant’s duties are as follows: a.) Consultant shall provide services as to the City as set forth in Exhibit “A”.) b) Additional services may be agreed upon, in writing, from time to time. 3 4. Term. This agreement shall commence May 1, 2012 and shall expire on September 30, 2012. This agreement may be terminated by either party by giving thirty (30) days written notice to the other. 5. Compensation. During the term of this agreement, the Consultant shall be paid $19,000 in two installments; one payment after delivery to Property Appraiser and a second payment after delivery to the Tax Collector. Both payments will be made within 30 days of the required deliverable and upon Consultant’s submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. 6. Relationship of the Parties. The parties intend that the Consultant, in performing services specified in this agreement, shall act as an Independent Contractor and shall not be deemed an agent, legal representative, joint venture, partner, employee or servant of the City of Delray Beach for any purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City. Consultant is not entitled to participate in any pension plans or other benefits provided by the City. 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker’s compensation, employer liability, Fair Labor Standards Act, and other federal, state, county and municipal laws, ordinances, rules and regulations, as may be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local taxes of any kind which Consultant now or hereafter shall be liable for or required to pay 4 either on its own behalf on behalf of her employees or on behalf of the City of otherwise, and shall pay all penalties and interest thereon. 9. Assignment. This agreement is a personal service contract. An assignment of this agreement by Consultant without the written consent of the City is void. 10. Indemnification. Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and all taxes, penalties and interest, that is claimed to be due, and claims, liability, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or her officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performance of this contract, including taxes, interest and penalties including, but not limited to, all costs, judgments and attorney’s fees at the trial or appellate levels. 11. Insurance. Consultant shall at her own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices. All notices shall be effective when mailed at the following addresses: Angela Bailus 1628 North K Street Lake Worth, FL 33460 City of Delray Beach David Harden, City Manager 100 N.W. 1st Avenue Delray Beach, FL 33444 5 13. Governing Law; Venue. This agreement shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 14. Non-Discrimination. Consultant shall not discriminate on the basis of age, religion, race, sex, marital status, or handicap in the performance of this Agreement. 15. Non-Exclusive. The provision of the services provided for herein is nonexclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 16. Entire Agreement; Modifications. This agreement constitutes the entire agreement between the parties, and supersedes all previous discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. CITY OF DELRAY BEACH, FLORIDA ATTEST: ____________________________ By: ____________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Form: ___________________________ City Attorney 6 WITNESSES: ANGELA BAILUS ___________________________ ______________________________ ___________________________ (Type or Print Name) ___________________________ ___________________________ (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this _______ day of April, 2012, by ANGELA BAILUS. She is personally known to me or has produced her Florida Driver’s License as identification. _____________________________________ Signature or Person Taking Acknowledgment _____________________________________ Name Typed, Printed or Stamped EXHIBIT “A” Exhibit A Duties of Consultant The Consultant shall perform technical work related to the City’s Storm Water Assessment Roll. Consultant shall: 1. Review and make corrections to the Palm Beach County Property Appraiser’s Tax Roll as it relates to the City’s Storm Water Assessment Data. 2. Provide status updates to City Engineer regarding Storm Water Assessment Data. 3. Provide amended tax roll, within timeframe of this Agreement, to the City for submittal to Property Appraiser and Tax Collector as per timeframes outlined by Palm Beach County. 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: April 16, 2012 SUBJECT: AGENDA ITEM 8.C. -REGULAR COMMISSION MEETING OF MAY 1, 2012 RESOLUTION NO. 03-12: TRI PARTY AGREEMENT/FDOT/CSXT ITEM BEFORE COMMISSION This item is before the Commission seeking approval/authorization for the Mayor to sign Resolution Number 03-12 for the attached Construction Agreement with Florida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSXT) for rehabilitation of the SW 10th Street crossing. The cost of this agreement is $205,406.00. Project #2008-047. BACKGROUND At the November 15, 2011 Commission meeting the attached Tri-Party agreement was approved and executed by the City of Delray Beach. As the agreement was in the process of being executed by the FDOT and CSXT it was brought to the City’s attention that a Resolution would be required. Since funding for this work was removed from the current Capital Improvement Program (CIP), staff asked FDOT if work could be scheduled so that the required reimbursement payment could be moved to after October 1, 2012. The required funding of $205,406.00 will be requested in the FY 2012-2013 CIP. FUNDING SOURCE 334-3162-541.46-90 (funds will be available after October 1, 2012) RECOMMENDATION Staff recommends approval. RESOLUTION NO. 03-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CSX TRANSPORTATION, INC. AND THE CITY OF DELRAY BEACH TO PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION’S CROSSING NUMBER 628159-H, WHICH CROSSES SW 10TH STREET; 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 Tri-Party Agreement attached hereto as Exhibit “A”, on behalf of the City with the State of Florida Department of Transportation and CSX Transportation, Inc., to provide for CSX Transportation, Inc. to rebuild the Department’s crossing number 628159-H, which crosses SW 10th Street in the City of Delray Beach. 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 ______________, 2012. ___________________________________ M A Y O R ATTEST: _______________________ _ City Clerk 2 04/03/12 6. PROCLAMATIONS: 6.A. None 6.A. Paralyzed Veterans Association (PVA) Awareness Month – April 2012 Mayor McDuffie read and presented a proclamation hereby procl aiming April 2012 as PVA Awareness Month in the City of Delray Beach. Charles Brown came forward to accept the proclamation and gave a few brief comments. 6.B. Earth Month – April 2012 Mayor McDuffie read and presented a proclamation to Richard Reade, Lori Nolan and Jennifer Buce hereby proclaiming the month of Apri l as Earth Month in Delray Beach. Richard Reade, Sustainability Officer, gave a few b rief comments. 7. PRESENTATIONS: A. None 8. CONSENT AGENDA: City Manager Recommends Approval. 8.A. RIGHT-OF-WAY DEED/WAYSIDE HOUSE: Accept the dedication of 2’ of alley right-of-way for Wayside House, located at 328-378 N.E. 6 th Avenue. 8.B. REQUEST FOR A SIDEWALK DEFERRAL AND SIDEWALK EASEMENT AGREEMENT/720 NORTH OCEAN BOULEVARD: Approve a sidewalk easement and sidewalk deferral agreement for the prope rty located at 720 North Ocean Boulevard along the north side of Crestwood Drive to allow fut ure construction of a sidewalk, for a proposed new single family residence within the North Beach Overlay District. 8.C. CONTRACT CLOSEOUT (CHANGE ORDER NO. 3/FINAL)/INTERCOUNTY ENGINEERING, INC./OSCEOLA PARK WATE R MAIN PHASE 2 PROJECT: Approve Contract Closeout (C.O. No. 3/Final) in the amount of a $221,470.60 decrease and final payment in the amount of $11,900.44 to Intercounty Engineering, Inc., for completion of the Osceola Park Water Main Phase 2 Project. Funding is available from 442-5178-536-65.85 (W & S Renewal & R eplacement Fund: Other Improvements/Osceola Park). 8.D. CHANGE ORDER NO. 2/FOSTER MARINE CONTRACTORS, INC.: Approve Change Order No. 2 to Foster Marine Contractors, Inc. in the amount of $20,991.00 for additional concrete sidewalk and driveway removal and replace ment; and for a contract time extension of six (6) days for Auburn Avenue I mprovements. Funding to be paid out of the contract's Unforeseen Conditions Allowance. 3 04/03/12 8.E. THIS ITEM HAS BEEN MOVED TO THE REGULAR AGENDA AS ITEM 9.A.A. 8.F. REJECTION OF ALL BIDS/DELRAY BEACH HEIGHTS SWALE PROJECT: Approve a recommendation to reject all bids received for the Del ray Beach Heights Swale Project and authorize staff to rebid the project with a modified scope. 8.G. AMENDMENT NO. 1 TO THE LICENSE AGREEMENT/PREP AND SPORTS, INC.: Approve Amendment No. 1 to the License Agreement with Prep and Sports, Inc. to extend the term for an additional two (2) years for their use of a portion of the Soccer Complex. 8.H. HOUSING REHABILITATION GRANT/CONTRACT AWARD: Award one (1) Housing Rehabilitation contract through the Neighborhood Services Division and Residential Construction Mitigation Program (RCMP) to the lowest responsive bidder, Cordoba Construction Co., for 318 S.E. 5th Street in t he amount of $31,065.20. Funding is available from 118-1924-554-49.19 (Neighborhood Services: Other Current Charges/Housing Rehabilitation) and 118-1936-554-49.19 (Neighbor hood Services: Other Current Charges/Housing Rehabilitation). 8.I. RESOLUTION NO. 20-12: Approve establishing a revised investment policy which will set forth investment objectives and parameter s for the management of public funds (excluding pension funds, trust funds and funds related to deb t issuance) of the City. The caption of Resolution No. 20-12 is as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ESTABLISHING THE INVESTMENT POLICY FOR SURPLUS FUNDS PURSUANT TO THE REQUIREMENTS OF SECTION 218.415, FLORIDA STATUTES, AN ACT RELATING TO THE INVESTMENT OF PUBLIC FUNDS; ESTABLISHING THE RESPONSIBILITIES OF THE CITY MANAGER AND THE DELEGATION OF AUTHORITY; PROVIDING THE CITY MANAGER WITH THE AUTHORITY TO IMPLEMENT THE INVESTMENT POLICY; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 20-12 is on file in the City Clerk’s office.) 8.J. SPECIAL EVENT REQUEST/14th ANNUAL CINCO DE MAYO FIESTA: Approve a special event request to allow the 14th Annual Cinco De Mayo Fiesta to be held Saturday, May 5, 2012, from 2:00 p.m. – 10:00 p.m., on the grounds of Old School Square and in Old School Square Park, to authorize staff suppor t for traffic 4 04/03/12 control and security, trash removal, EMS assistance, Fire inspec tion, signage preparation and installation, and to approve use of the Old School Square parking ga rage for vendors and staff and use of a City generator; contingent on the receipt of a certificate of liability insurance and liquor liability insurance fourteen (14) days prior to the event. 8.K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boa rds for the period March 19, 2012 through March 30, 2012. 8.L. AWARD OF BIDS AND CONTRACTS: 1. Bid award to multiple vendors at an estimated cost of $126,000.00 for the purchase of medical/drug supplies for the City of Del ray Beach Fire and Ocean Rescue and Highland Beach. Funding is available from various Fire-Rescue and Ocean Rescue budget accounts). Mr. Frankel moved to approve the Consent Agenda as amended, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: M rs. Gay – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion passed with a 5 to 0 vote. 9. REGULAR AGENDA: 9.A.A. SERVICE AUTHORIZATION NO. 07-17.2/MATHEWS CONSULTING, INC./RECLAIMED WATER EXPANSION – AREA 12A: Approve Service Authorization No. 07-17.2 to Mathews Consulting, Inc. in the amount of $33,146.00 for additional professional engineering services in the design of Area 12A Reclaimed Water System. Funding is available from 441-5161-536-68.73 (Wat er and Sewer Fund: Improvements Other/Reclaim Water, Area 12A). Mr. Frankel stated the reason he had this item pulled is beca use the Commission received an email from former Mayor and now former Ci ty Commissioner Jay Alperin regarding Mathews Consulting, Inc. and he wrote “this section under Atlantic was supposed to be planned in the 90’s when we rebuilt it”….Mr. Fra nkel stated he felt that a different engineering firm should re-evaluate the proje ct. He wrote “notice soft dig and proposal not radar because they just did it 13 years ago”. “Shoul dn’t there already be records of exactly what is there and why are multiple sm aller pipes better and/or more economical?” Randal Krejcarek, City Engineer, stated Dr. Alperin’s first question had to do with the crossing of Atlantic Avenue and what he is referring i s a pipe that was actually put in with a project done in the 1990’s and that pipe is being utilized from the north side of Atlantic Avenue to the south side of Atlantic Avenue. Mr. Krejcarek stated once they start the design process it also goes to the different utilities and ask them what they have and verify where their utilities are. He stated w hen you get that information 5 04/03/12 back then staff looks at all they can make this all fit wit hin the sidewalk area with all the other utilities that are underneath there. He stated staff realized at that point they were not going to make this fit within the sidewalk area with all the other utilities that are underneath there and that is why the City is going to move that p art up into the roadway. He stated with regards to the other part with redesigning on V enetian Drive from the 8 inch to the 4 inch the original Master Plan had an 8 inch coming down Venet ian Drive and when staff starts the project they tell the consultant to follow the Master Plan and then come back. He stated staff has steps along the way wher e they actually meet with the consultant at 30%, 60%, and 90% where they are constantly reviewi ng what they are doing to see if that is exactly what they want to do. Mr. Krejcarek state d in 2000 with the Road Bond Program when the City redid Venetian Drive they put in a mat in because that is a very mucky road and subsurface. Staff also realized t hey did not need the trunk lane coming down Gleason Street and an 8 inch down Venetian Drive. Mr. Krej carek stated in order to save some construction money staff told the consultant to go back and go 4 inches versus 8 inches on Venetian Drive and instead of having a line on V enetian Drive from Atlantic Avenue south to Casuarina Road staff with tap a trunk line on Gleason Street and head east on the east/west streets and go north/south as far as they have to catch those meters to divide and it is going to be a lot less pi pe actually doing it this process. Mr. Carney stated last October/November the Commission approve d 6 or 7 companies to do this and this is the third time he has seen Mat hews Consulting, Inc. and has not seen any others. Mr. Carney stated he would like to s ee the business being spread among the different companies. Mr. Krejcarek stated the City hired Mathews Consulting, Inc. l ast year to do the design of Area 12A and staff broke this into two projects b ecause it was a fairly large project and because of other priorities that came up they took some of that money away and split it into two projects. He stated this item is an amendment to that original service authorization from last year. Mr. Krejcarek stated st aff will be coming the next meeting this month or the first meeting in May with the other contracts with some of the other consultants that staff has been trying to work with trying to get service authorizations underway. Mr. Carney stated the City encourages companies to give us RFP’s to respond and if they do not get any work the City at some p oint may lose competitive pricing. Mr. Krejcarek stated staff has lined up the projects with the consultants that have the best expertise for those projects that are comi ng up. Mrs. Gray asked if it was necessary to have the soft digs cons idering we now have the radar now. Mr. Krejcarek stated staff went through a process where they had the new technology demonstrated for them and in the presentation t hat the consultant provided they indicated that the radar technology is not a replac ement to soft digs; it is in addition to soft digs. Mr. Krejcarek stated the radar is not 100% ade quate on vertical depth but it does not give you the pipe size or the pipe material. 6 04/03/12 Mr. Jacquet asked if the email that Commissioner Frankel is referring to was sent to the entire Commission. Mr. Frankel stated it does not appear that the email was sent to Commissioner Jacquet and believes this was not intent ional. Mr. Jacquet stated since he did not receive the email that Mr. Frankel is re ferring to he has no comments. Mr. Frankel moved to approve Item 9.A.A. (formerly Item 8.E.), seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 9.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 pla n modification request and landscape plan for Delray Inn, Inc., located at 297 N.E. 6 th Avenue. (Quasi-Judicial Hearing) Mayor McDuffie read the City of Delray Beach Quasi-Judici al 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 par te communications. Mr. Frankel stated he spoke to Marissa Baggs wit h Channel 5 News, Attorney Jeffrey Lynne, Attorney Jason Dollard, noted he is from the same town as one of the principals who may be buying the Delray Inn, Dr. Scanla n, and attended the Downtown Development Authority (DDA) where this was discussed a t length. Mrs. Gray stated she spoke with Attorney Jeffrey Lynne and Attorney Michael Weiner. Mayor McDuffie stated he spoke with Attorney Michael Weiner and has also received the same letters that the Commission has received on the dais and several emails which he will submit to the City Clerk to add to the record. Mr. Carne y stated he spoke with Attorney Jeffrey Lynne and had several comments from people i n the neighborhood and had numerous emails all of which are on his public email site t o his email address here, and he did attend the SPRAB meeting that is now under consideration. Mr. Jacquet stated The City Attorney stated staff has received three letters for people requesting party status that is Benita Goldstein, Joanne Varga and Jason Dollard. The City Attorney stated it is his opinion that the Commission shoul d grant them party status. The City Attorney suggested that the Commission make a motion in order to grant Benita Goldstein, Joanne Varga and Jason Dollard party status in this matt er. Mr. Carney asked what the basis is as to why the determination of party status . The City Attorney stated one of the criteria is that they be within 500 feet which all thr ee are and the other criteria is that they have alleged certain facts that make their ci rcumstances different from the public at large and it is his opinion that they have allege d those facts in those letters they 7 04/03/12 submitted. Mr. Jacquet asked if that mean that anyone with 500 fee t that can articulate some issues with this that no one else outside that 500 radius could qual ify for party status. The City Attorney stated in order to attain party s tatus they first have to be within 500 feet of the property that is coming forward and then if they are within 500 feet in accordance with the quasi-judicial rules and obtaining party sta tus they have to articulate certain things that in his opinion different from the public at large and he believes they have done that. The City Attorney stated then he needs to make a recommendation to the Commission but it is up to the Commission to vote on whether or not they want to grant them party status. Mr. Carney moved to grant Benita Goldstein, Joanne Varga and Jason Dollard party status, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning Department project file #2011-051 into the record. Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1 st Avenue, Delray Beach, FL 33444, representing the applicant, stated they are before the Commission tonight on appeal from the Site Plan Review and Appeara nce Board (SPRAB) decision to deny the site plan and landscape plan of F ebruary 22, 2012. Mr. Lynne reiterated the rules of a Quasi-Judicial Hearing. Mr. Lynne st ated they are here for a single question: “Did the applicant meet the technical objec tive criteria for site plans as adopted by the City?” The use of the property was approved August 2010 and ther efore is not at issue. Mr. Lynne stated this hearing under the Land Developm ent Regulations is “De novo” which means it is a new hearing. He stated throughout the SPRAB hearing there was a motion to approve the site plan with conditions that wa s denied because of the use of the property and for no other reason. Mr. Lynne stated the re was a motion to approve the landscaping which they denied because the site pla n was denied. However, Mr. Lynne stated when they discussed the architectural elevations it went through the land development regulation criteria for architectural elevati ons they approved the architectural elevations after reviewing the LDRs with conditi ons 5 to 1. Therefore, Mr. Lynne stated that is not before the Commission this evening as tha t has already been determined and reiterated that they are here this evening to dis cuss the site plan and the landscape plan. Mr. Lynne stated his client has met the object ive criteria adopted in the LDRs. Mr. Lynne stated the Delray Inn, Inc. is located at 297 N.E . 6 th Avenue and is currently used as a motel. He stated it is on a Federal Hig hway; a commercially zoned district and that district also allows medical uses, dental uses , medical labs, inns, motels, and a broad range of commercial uses within the city that are permitted as of right. Mr. Lynne stated with minor modifications to the site the operator o f Delray Inn, Inc. could go in tomorrow and start operating a detox facility. He brie fly reviewed the existing elevations and stated there is currently back out parking onto Federa l Highway; currently a non-gated courtyard where the doors are open to the public; current ly uncontrolled access to those doors as well as to a back patio area and the re is visibility obstructions to the front allowing people to wonder through the property unsecured. M r. Lynne stated 8 04/03/12 the new architectural elevations approved by SPRAB brought in a m odern design with new privacy walls closing the courtyard off; a new sloped beam metal roof; new windows and French doors; removal of the back out parking, new landscaping in the front, and leaving the paved parking off to the side. He stated there is also a new five foot sidewalk that will also be connected to the back via pavers. Mr. Lynne r eviewed the rear existing east elevation also with unpaved parking and open patio access for people to wonder off the streets and cut through the courtyard through the back. Mr. Ly nne also reviewed the new east elevation which will have paved parking, residential look and feel, 24-hour supervised care, accent lighting where there is no lighting at all, and closed circuit security cameras so that the property and the investment that is desired to be made can be maintained. Mr. Lynne stated they have met every standard in t he staff report that is required and the staff report says so. Mr. Lynne stated they h ave met the landscape plan standard with conditions; the criteria for the elevations the Board found met and therefore approved the architectural elevations; and the staff report sa ys they have met compatibility and therefore as a matter of law the Commiss ion must approve the site plan and the landscape plan. However, Mr. Lynne stated SPRAB voted agai nst the site plan and landscape plan because of the use and the intended people to be treated at this property are viewed as subhuman, less than, second class citize ns, and accusations are made that they are criminals, druggies and not welcomed in our societ y like lepers. He stated SPRAB proposed certain conditions: (1) that the entranc e be relocated off 6 th Avenue onto 3 rd Street, (2) asked for reduced parking to increase the landscapi ng, (3) asked that the wall in the front be raised to 5’ 6” and that they gates be removed. Mr. Lynne stated this was their initial application except that the Police Department through CPTED (Community Policing Through Environmental Design) wanted a lower wall so they had to meet the police requirements. Mr. Lynne stated they agreed to these conditions notwithstanding ultimately the Board voted against them. He stated they also proposed that there be landscaping along 6 th Avenue with trees. Mr. Lynne stated based upon that request they have gone back and changed the elevations t o this: (1) removed the front gates, (2) increased the privacy wall to be solid 5’ 6” as requested by SPRAB, (3) added more landscaping and trees, and (4) relocated the primar y entrance off to the northern side. Mr. Lynne stated with regard to compatibility a nd enhancement of the CBD, these are the surrounding properties: Richwagen’s Bicyc le Shop, cabinetry store, auto-repair shop, MacLaren’s Sign Shop, an inn next door that is currently for sale, and a vacant coffee restaurant shop and they are asking to build this and put millions of dollars into the community for use that is permitted. Mr. Lynne stated he also received letters from the Benita Goldstein, Joanne Varga and Attorney Jason Dollard. He stated the Hartman House located at 302 N.E. 7 th Avenue and they expressed concern over security. Mr. Lynne explained how the east elevation will be revised wit h removal of the doors, have a complete wall, parking on the side, closed circuit security , and 24-hour care. In addition, Mr. Lynne stated all the exits from the motel rooms exit to the outside including the east, the use is entirely interior to the property, remov ed the back out parking onto Federal Highway to avoid any accidents. Mr. Lynne stated wit h regard to fence surrounding the property, this is not a penitentiary it is a ther apeutic use. He stated there are existing fences to the rear of the property next to the alleyway then why do they need to fence it again. Mr. Lynne stated with regard to the back out p arking along 3 rd Street (a side street) and noted the Hartman House has back out parking along an alleyway. 9 04/03/12 Lastly, Mr. Lynne stated the acquisition that this would increase traffic, besides the fact that the County has stated that there will be no traffic impa ct from the use, there is no through traffic on N.E. 3 rd Street; there is an obstruction and you cannot drive through 3 rd Street. Mr. Lynne stated there is a sign in front of the Hart man House that says “No Through Street Dead End”. Mr. Lynne stated there is also a question about a substantial depreciation of property values and entered into the record multi ple studies that have prepared about substance abuse treatment facilities which s tate “there is no evidence of any depreciation of property values when a substance abuse tr eatment facility is placed in a single family residential neighborhood” and noted that this is a commercially zoned neighborhood. Mr. Lynne displayed Mr. Dollard’s property (295 N.E. 5 th Avenue highlighted in red) and the Delray Inn is off to the right and state d there are commercial properties between the two and displayed the view from Mr. Dol lard’s window. Mr. Lynne stated Mr. Dollard’s total market value has increase d since 2009 and his taxable value has increased since 2009. Mr. Lynne stated there will be ver y little if no evidence of any depreciation of values let alone substantial depreciat ion of property values. Mr. Lynne stated the issue of compatibility deals with the structure and the d esign not the use. Mayor McDuffie echoed one sentiment that Mr. Lynne had and stat ed we had a disabled veteran here tonight and the Federal Government affor ds the same protection to people with substance abuse problems that they do to disab led veterans. Benita Goldstein & Jordan Goldstein, owners of the first Bed and Breakfast in Delray Beach, 302 N.E. 7 th Avenue, Delray Beach, FL 33483, stated in 2011 they took a neglected historic home and made a substantial inves tment and converted it into the first Bed and Breakfast in Delray Beac h. Mrs. Goldstein stated neighbors stopped by regularly to thank them for creating what was an eyesore and turning it into something that everybody wanted to see. She state d this historic home provided them and the entire town as it gave a new found status enjo yed by picturesque towns throughout the United States which is to have a bed and breakfast. Jordan Goldstein, 302 N.E. 7 th Avenue, Delray Beach, FL 33483, stated the parking that the Delray Inn has is 22 feet the street is 18 feet and across the street is only 17 feet so what could happen is two cars could be backing out with only 18 feet which should be regulatory at 24 feet this is a possibility. Mr . Goldstein stated people who come down the alleyway from 4 th Street they come down and make a right because they want to avoid the lights on Federal Highway to go south. He st ated they direct all their guests to come up 6 th Avenue and make a right on 3 rd Street because their parking is a little up the alleyway. Mr. Goldstein stated all their guests are coming through 3 rd Street and they are not coming to the front of their Bed and Bre akfast on the other side; they are all coming up 6 th Avenue because they cannot get to the parking lot from the other side of 3 rd Street. Mrs. Goldstein stated there is also the issue of the small si ze of the kitchen and how it can adequately feed the 18 patients who will be there. S he stated in speaking with one similar business they were informed about the importance of nutrition when people are undergoing such an arduous process and that there should be three main meals 10 04/03/12 provided at specific meal times giving them some stability in their life and schedule. She stated at this other place they have a chef onsite and food avail able 24/7. Mrs. Goldstein stated they were told at the SPRAB hearing by the applicant that they do not provide Thanksgiving style dinner. She stated it is more appropriate t hat people are able to sit down together as families have done for years and years. Mrs. Gol dstein stated it seems contrary to providing stability when the meals are done hapha zardly; then there is the issue of compatibility in evaluating how this business fits int o the surrounding businesses as well as residences. She stated our community does not see how this business will create a good environment for the families and children who have pop ulated the area surrounding Delray Inn, Inc. even with paint and shrubs. Mrs. Goldstein stated Planning and Zoning cited it now as blending in which they feel imposes an addi tional threat to the neighborhood where children are unaware of what is happening behind this facade. Mrs. Goldstein expressed concern over who owns Delray Inn, Inc. and since non-r esidential license services provider facilities are not allowed within t he CBD (Central Business District) according to the City Attorney’s office the busine ss will be allowed to proceed only if owned and operated by the original applicant Delray Inn, Inc. She stated it cannot be transferred to new owners and inquired about the ownership particul arly since the new parties involved have an LLC entitled 297 N. Federal (N.E. 6 th Avenue), LLC which is the address of the Delray Inn, Inc. Mrs. Goldstein reference d a March 10, 2012 article in the Sun-Sentinel Maria Herrera interviewing Harold Jonas mainta ins that he is selling the Delray Inn. Furthermore, Mrs. Goldstein stated she spoke with Chris Mullen at Flagler Bank which at one time was foreclosing on this property and inform ed her that Delray Inn has been sold and was supposed to close at the end of the month (M arch) but has been delayed because of the zoning issue. Mrs. Goldstein stated they have no objection to a business treating people for addictions they actually ar e in agreement with City’s new codes recognizing that this type commercial business should be located in the medical arts district close to a hospital and other supportive services for their patients rather than in the heart of town surrounded by residences on three sides and 5.4 miles from the nearest hospital. Mrs. Goldstein urged the Commission to t hink of the families they represent who have chosen to make this place their home and for many their business. The City Attorney stated there is a set time for rebuttal and that is what the rules provide so you cannot reserve time at the end of the meeting . Mr. Lynne asked that he be given the opportunity to have closing remarks considering the number of people who are going to make many statements. The City Attorney st ated it is up the Commission if they want to increase the time allowed for closi ng remarks. Mr. Lynne stated he is not asking for the increase in time but is requesting for the balance of the time that he has remaining. The City Attorney stated the rules provi de City staff, applicant, and parties have two minutes for rebuttal and Mr. Lynne requests t he five minutes that he had reserved to include that for rebuttal and pointed out that procedural ly that is not something that the rules allow for. However, the City Attorney s tated if the Commission wants to do that, they can agree to allow that to take place. At this point, Mr. Lynne completed his presentation. 11 04/03/12 At this point, Mr. Lynne cross-examined Mrs. Goldstein. Jason P. Dollard, Esq. 295 N.E. 5 th Avenue #31, Delray Beach, FL 33483, stated his family moved to Boca Raton in 1989 and they came here on va cations and would always come through Delray Beach. Mr. Dollard stated in 1999 he moved down here for graduate school and have lived in Delray since that time with the ex ception of a couple months after school. He stated he is actively involved in the Chamber and over the last couple of years he has seen a change and it is not a good change. Mr. Dollard stated it is where we have different types of people that are hanging out in this town who are not good for this town. He stated it is the type of t hings that are being allowed to have a business in this town that are creating danger s for people to live in this town. Mr. Dollard stated we have a detox facility that is being put directly into a residential community and noted that his home is directly across t he street. The Goldstein’s property and their business are directly behind thi s particular facility and there are many residences behind this facility. He stated he travels through that area a lot and sees many children playing on a daily basis, he sees f amilies walking the streets at night, and sees people in his townhouse development there are many families and kids that play outside on a daily basis. Mr. Dollard stated he person ally has experience with these types of facilities through two of his uncles. He sta ted the type of people that go in these facilities are doctors, lawyers, politicians, etc. and when they go in there the first time or even the second time it does not work sometimes. Mr. Dollar d stated and they get out of these facilities and they will do whatever they have to do to get their fix and drugs and that is a danger to the people that live around this par ticular facility and in this case in a residential community. Mr. Dollard asked how is putti ng a detox facility so close to downtown where there are restaurants, bars, and temptat ions galore for these type of people who are going to this facility and how does that he lp them and how does that allow them to get back into a community. Mr. Dollard expres sed several concerns; non-legal concerns and legal concerns. He stated the non-legal concerns are safety issues. Mr. Dollard stated he was not at the SPRAB meeting b ut did have a copy of the tape and it was stated by the applicant “will not be on lockdown.” He stated these are people that are coming in for detox meaning they have a drug, alcohol or some other substance abuse issue. Mr. Dollard stated if they are allowe d to leave this facility as they come and go how that is safe for the people around the community . He stated he will not be able to sell his house for the property value. Mr. Dollard stated if he starts a family one day he would want to stay here but the way this is going and the way we are allow ing particular facilities to be in areas where it is not saf e for the community is not a place where he would want to raise his family and it is not a place that he may eventually keep his business. Mr. Dollard expressed concern over the legal concer ns: (1) who are the owners of this particular facility, (2) the application for the reasonable accommodation and the forthcomingness of the applicant for reasonable accommodation, (3) the LDR that is currently in place concerning the CBD (Central Busines s District) and whether this fits within the purpose. He stated at the SPRAB hearing in F ebruary the architect gave testimony and it has been presented to the Commission by not only t he City but also by Mr. Lynne that this is going to be “a restoration and a no footprint and a renovation.” Mr. Dollard stated what was actually said at the SPRAB meet ing by the architect was “We are taking it to the slab; this will be a brand new bui lding.” Mr. Dollard stated this 12 04/03/12 is not a renovation of the building that is currently there but is a brand new buil ding and it should be regulated under the new LDR regulations which do not allow t his particular type of facility to be here. Mr. Dollard made reference to L DR Section 4.4.13. Mr. Dollard stated he has seen this first hand and people steal from their own family in order to get their fix and if people think they will not steal and/or attack a normal citizen walking around an area they are mistaken. Mr. Dollard stated in a recent letter by the City addressed to Mr. Lynne from Mr. Dorling the City itself is questioning the placement of this facility. Mr. Dollard stated at the end of the letter dated January 23, 2012, Mr. Dorling states “Based on the information given by the applica nt (which is not Delray Inn, Inc. which he will admit later on in other documents did s how that it was Delray Inn, Inc.) in its letter dated January 18, 2012, the proposed us e of Detoxification as regulated by Section 397.311 18(a) 4 is prohibited in the City’s Central Business District.” Mr. Dollard stated Mr. Dorling clearly states tha t “this reasonable accommodation, which is limited to the approvals set forth in the Ci ty’s August 25, 2010 approval from the City, still remains valid today; however, it ap plies to Delray Inn, Inc. only and is not transferrable.” Mr. Dollard stated in August 2010 the applicant was granted a conditional accommodation which needed to go through the approval of the rest of the boards. As they are here today, Mr. Dollard stated the y were disapproved by SPRAB, denied by the DDA, and his understanding was denied by the CRA . Mr. Dollard stated in a City letter dated May 3, 2011 from Mike Vinc i he states “The request for reasonable accommodation did not include the establishment of a det oxification facility.” He goes on to state “An application for this conversion of use was never submitted. On January 4, 2011, a modified application which included the operati on of an 18 bed detoxification facility at this location was submitted. Giv en the ongoing status of this application a determination was made that this use (18 unit detoxification fa cility) could proceed even though an ordinance that was under consideration at that time would not p ermit this use in this location .” Mr. Dollard stated this means that not only were they not forthcoming in the beginning for their application for reasonable accommodation that when they applied t he Commission and the City was already under advisement about doing the medical district. He stated this application process should have started all over again and it should have been frozen un til such time as the Commission had voted on the medical district being implemented. Therefore, Mr. Dollard stated it would have never been allowed and we would not be here tonig ht. Mr. Dollard stated Mr. Jonas is currently listed as the Delray Inn, Inc. and documents t hat he pulled off for the Florida Corporation yesterday is listed as the only officer and direc tor of this particular facility. Mr. Dollard stated this reasonable accommodation is non-transferrabl e meaning whoever takes over has to buy all of Delray Inc. its assets and everything include d with it in order to have it be transferred. He stated the proposed people who are going to run this facility are Mr. Scanlan and his team. Mr. Dollard stated why is it they have a corporat ion stated as 297 North Federal Highway unless they are actually moving in to take over this whole thing. He stated they cannot just buy the property and take over the reasonable accommodat ion; it has to be a complete sale of the entire Delray Inn, Inc. as a whole in order for it to transf er. Mr. Dollard stated there is clearly evidence that is before the Commission that is more than just personal r easons and noted there are clear violations and legal reasons why this should not be allowed. At this point, Mr. Lynne cross-examined Mr. Dollard. 13 04/03/12 Joanne Varga, 296 N.E. 6 th Avenue, Delray Beach, FL 33483, stated she is a little apprehensive in speaking this evening because after the last meeting she spoke at when SPRAB turned down the Delray Inn detoxification site plan the new owner physically came after her. Mrs. Varga stated fearing fo r her life she filed a police report. She stated after the incident she was afraid to leave her home especially alone. Mrs. Varga stated this convinced her even more that this proposed busi ness is not compatible with the community. Mrs. Varga stated the people that are b eing treated here are in the first stages in detoxification the most dangerous state and can l eave the facility if they so desire. She stated the detoxification facility is adjacent to residents on its three sides; Palm Trail residents within so many feet towards east and hundr eds of children, apartment rentals to its west more residential homes 26 feet from the detoxification center. Mrs. Varga stated behind her is the San Sebastian townhom es with over 50 children and families that utilize the sidewalks, alleys, and the streets skateboarding, bicycling, etc. as if this were their backyard including her son. Mrs. Varga stated she does not oppose the treatment of addiction but her opposition is to the location of the business touching our residential communities and not being harmonious to t he businesses in the neighborhood. Mrs. Varga entered petitions into the record. At this point, Mr. Lynne cross-examined Mrs. Varga. Mr. Dorling, Mrs. Goldstein, or Mr. Dollard did not have any cross- examination. There was no cross-examination between Mr. Dorling and Mr. Lynne The following individuals gave a brief rebuttal: Dr. Scanlan, Board Certified Psychiatrist and Addiction Medi cine Doctor, resident of Delray Beach living about one mile away from t he proposed facility with his wife, 6 year old and 4 year old, stated he has been doing detox for many years and has treated thousands of patients. Dr. Scanlan st ated he has done inpatient, outpatient, an in a hospital and has written papers. H e stated this is going to be a facility with 24-hour nursing care, an EMT, medical team and 24-hour nursing. Dr. Scanlan people have to sign in and if they want to leave they would have to sign out and he would have their possessions and they would have to meet with him bef ore that. He stated he has an outpatient detox right now and it is a safe pr ocedure. Dr. Scanlan stated one block away from this office is the Wayside Rehab and thre e blocks away at 160 S.E. 6 th Avenue is the Palm Partners Recovery Center which is an inpatient detox and reha b. Mrs. Goldstein stated she believes Dr. Scanlan has very good intentions to help people. She stated the Delray Medical Arts area is available and is away from the temptations in downtown Delray and is away from the unsuspecting tour ists who come around and do not know what is going on and most importantly for the patient s it provides them with immediate medical relief if they need it right by t he hospital. 14 04/03/12 Mr. Dollard stated he believes Dr. Scanlan has good intentions b ut feels there are multiple questions that have not been answered such as wh y here and if he is trying to give the highest level of care why not near a hospita l where most detox centers are placed. Mr. Dollard stated this accommodation cannot be transf erred and the question has still not been answered of who actually owns Delray Inn, Inc. which is the holder of this accommodation. He stated if this cannot be transferr ed then this detox center does not belong here. Mrs. Varga had no closing arguments. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the appeal, to please come forward at this time. Albert Richwagen, Delray native of 48 years and co-owner of Richwagen Bike and Sport est. in 1961, 298 N.E. 6 th Avenue, Delray Beach, FL 33444, stated his business is directly across from the proposed de tox center. Mr. Richwagen read a brief statement into the record and stated LDR Section 4.6.18(B)(14) – Criteria for Board Action: “The plan or the proposed structure is in conformity with good taste, good design, and general contributes to the imagine of t he City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and hig h quality.” Mr. Richwagen stated with property owners from all four sides and a signed petition from numerous home and business owners within a stone throw of this property they are begging the Commission to stop this project. The City Redeve lopment Agency (CRA), the Downtown Development Authority (DDA), and the Site Plan Review and Appearance Board (SPRAB) have all voted “no” prior to this mee ting. Mr. Richwagen urged the Commission to vote “no”. Dr. Larissa Scanlan, stated her husband is a Board Certified psychiatrist and also a specialist Board Certified in addict ion medicine, stated she is a dermatologist that works in the community and lives about a mile away with their two children and urged the City to approve this. Dr. Scanlan stated her hus band wants to work there because it is only a mile from where they live and b ecause they are citizens of Delray. She stated if this does not go through there is a possibility that t his will become a very expensive lawsuit and she does not want to see her city dollar s going to fight something that ultimately may end up happening anyways. Dr. Sc anlan stated her husband is highly trained in what he does and helps lots of people an d has worked everywhere including prisons. She stated he knows what a dangerous p erson looks like and who to treat and who not to treat. Dr. Scanlan stated in terms of coming and going there is no data on crime where these facilities are. She stated it does not mean it is going to increase crime; if people can come and go that means they are there by choice and will not go there in the first place if they do not want help and is t he beauty of being able to select who goes into the facility. Dr. Scanlan stated they w ant high paying jobs to attract people that are going to be good citizens here and this is goi ng to employ at least 25 people (i.e. doctors, nurses, pharmacists, medical technicians) in in our com munity. 15 04/03/12 Claire Frontera, 811 N.E. 5 th Street, Delray Beach, FL 33483, stated she does work in the substance field and mental health and walks into detox facilities all the time. Ms. Frontera stated to go to rehab is a want; you could be pushed in by family members or pushed in by DCF and it is not always the case that they do want to get clean. She stated they could go to detox but they do not want to be there bec ause if they do not want to get clean they will not get clean. Ms. Frontera state d at that point they will walk out the facility and it is technically a lock down facility but you can walk out anytime. She stated the reason it is lock down because they do not want anyon e walking off the street. Ms. Frontera stated if you are dealing with substance abuse you are also dealing with mental health such as the bipolar the psychotropic drugs or if a client needs to be baker acted the Delray Beach Police Department have to be ca lled and a lot of people do get baker acted. Ms. Frontera stated a detox facility is out-of-pocket and no insurance and noted this is going to be a 24/7 facility. She inquired as to whe re are the patients going to be treated for their aftercare and where are they going to make their recommendations for them to go. Ms. Frontera stated there are numer ous detox facilities in the area and asked why we need another one. She stated she de als with addict’s day in and day out and if you ask an addict if they have ever been arrested a lot of them tell you yes for theft or possession of a controlled substance. Ms. Fronter a stated a patient or individual may turn up on the premises with a gun and asked what thei r lockdown procedure is and if there is a fire where would they go. She sta ted if there is a gun or knife on the premises then 911 will be called. Ms. Frontera inquired about the prescriptions and asked if there is an on-site pharmacist or a re they going to have a pharmacist who they recommend them to. Kristine De Hoseth, Executive Director of Florida Coalition fo r Preservation, speaking on her landlord’s behalf Brian Phifler who has subsidized her rental for the last five years who own Mark Plaza located at 235 N.E. 6 th Avenue, read a brief statement into the record and noted that Mr. Brian Phifler opposes the site plan for the old Delray Inn. Dawn “Dr.” Jonas, stated she has lived in Delray Beach and Boca Raton for 35 years, stated this is the town that she used and abused alcohol and other drugs. Dr. Jonas stated this May she will be clean and sober for 26 years due to the love and support of the Delray Beach recovering community. She sta ted she has raised four children here two of which own their own homes in Delray Beach. Dr. J onas stated in 1995 they opened the Recovery Zone and set about to provide a drug and alcohol living environment that is supported and community based. She stated when the recovery housing industry started to boom in 2002 a group of operators got together and formed a South County Recovery Residents Association. She stated they worked together to have high quality community based services. James Arnas, 605 N.E. 2 nd Street, Delray Beach, FL 33444 (two blocks south of the proposed Delray Inn Detox Center), distributed photos to the Commission taken yesterday from the south and north end of the alleyway from 2 nd Avenue north to the access road for what is proposed for the Delray Inn. Mr. A rnas stated that the photos show his street looking north at N.E. 2 nd Street (his house in on the corner) during the day 16 04/03/12 where his 8 year old daughter and wife live and also showed a photo of what it looks like at night. He stated the second photo from the Delray Inn looking sout h is how it looks like during the daytime versus how it looks like at night. Mr. Arnas stated the alleyway is already being used as a second Federal Highway in-lieu of the stop lights and stop signs and is already dangerous. He stated he has a camera i nstalled in his house due to the theft of hoses, roses, bushes, orchids from his house. Mr. Arnas exp ressed concern that there have been comments expressed that this facility is just like a psychiatrist office or a dentist office and stated they do not have those in their neighbor hood that are housing people 24/7. He stated due to a recent car accident he cannot sit for very long and had to step outside where he met the developer who is buying the Delray Inn. Mr. Arnas asked who is the real owner and stated if it is someone new shouldn’t it not be resubmitted as a day one and not what was based on months or years ago. Bob Ganger, President of the Florida Coalition for Preservation, stated he lives about 62 feet from the proposed location. Mr. Gan ger stated the purpose of this meeting is the site plan review and the Board has determ ined that it should not be approved. He stated per LDR Section 4.6.18(B) states “The plan or the proposed structure is in conformity with for good taste, good design, and in gener al contributes to the image of the City as a place of beauty, spaciousness, harm ony, taste, fitness, broad vistas, and high quality. Mr. Ganger stated is this development likely to impede or improve progress in the long term plan of beautifying and cal ming Federal Highway as it goes from Atlantic Avenue to George Bush Boulevard. Ruth Hartman Berge, 302 N.E. 7 th Avenue, Delray Beach, FL 33483, stated she is here for the historic Hartman House and it was sol d by her family in 1973 and over 40 years the house fell into disrepair and when the Goldste in’s purchased it they worked diligently with the town to create a place of beauty and p eace. Ms. Berge stated working with the City of Delray Beach the Goldstein’s successful ly opened the Historic Hartman House as the first Bed and Breakfast in Delray. She s tated the reputation of the peaceful tropical oasis at the Historic Hartman House is already national. Ms. Berge stated the comments on travel sites on the internet show that guest s find the Historic Hartman House a wonderful place to stay in Delray Beach. M s. Berge stated the Goldstein’s have devoted time and money to restore and renovate this home and the opening of the proposed detox facility this close would seriously impact the attraction of a stay at the bed and breakfast. She stated the Historic Ha rtman House attracts upscale visitors who shop in local businesses and eat in the local restaur ants for which Delray Beach is known. Ms. Berge stated the Historic Preservation Board, the Delray Beach Historical Society, and others devoted preserving the history of Del ray Beach have worked hard with the Goldstein’s to see that the Historic Hartman House was restored and renovated correctly. She stated with the Sundy House, the Spad y Museum, Cason Cottage, and Old School Square the Historic Hartman House is becomi ng a destination. Ms. Berge stated by permitting this facility to open so cl ose to this house Delray Beach would be sending a message to those who wish to preserve and protect historical sites in this area. Ms. Berge stated Delray Beach is already kno wn throughout the country as the drug rehab capital of the world and there are only six cities i n the State of Florida with more facilities. Ms. Berge strongly believes Delray Be ach does not need this facility so 17 04/03/12 close to these homes but it needs to be in the medical district. Lindsey Pratt, lives in San Sebastian with her husband and two children, stated she personally has experience with family members with addiction and one is dead from addiction. Mrs. Pratt stated the doctor’s wife who is also a doctor herself stated that these are irrational fears which is condes cending and is not correct. She stated that most of the people, who are sitting here today , with the exception of the people who own the facility and are buying the facility, are against this. She stated everyone is here today because we live in a democracy and the pe ople clearly are here standing up to say we do not want this here. Mrs. Pratt stated Mr. Dollard has presented enough evidence to indicate that based on the stocks and the law it shou ld not be here. Mrs. Pratt stated drug addicts will do anything they need to get high and they will steal, rob, and corrupt the area to get money to do drugs. Mrs. Pratt st ated she would like to know how many times Dr. Scanlan’s patients are successful in re hab because from her understanding it does not work the first time or even the second time ; sometimes it will work the third time. She stated going through withdrawals is a ve ry painful and dangerous experience and many people die from going through withdra wal alone even under medical facilities. Mrs. Pratt stated they need to be ne xt to a hospital because many people die in the ambulance on the way to the hospital. Cary Glickstein, 1118 Waterway Lane, Delray Beach, FL 33483, stated at a previous Commission meeting he made some comments to this Commission which were overly harsh and out of order and apologized publicly for t hose comments. Mr. Glickstein stated there has to be a compatibility standard me t and noted that LDR Section 2.4.5(F)(6) has not been met. He stated the Planning Director’s sta ff report to the SPRAB that states “with respect to the uses compatibilit y is a concern; however, as the use is allowed to be established via the reasonable accommodation that is minimized. Mr. Glickstein stated the Planning Director’s logic was corre ct in that the use is not compatible but saying that the use is minimized via a reason able accommodation is a mutually exclusive concept. Mr. Glickstein stated he does not fe el people will pay the same price for property next to a detox center that they would for some other use. Mr. Glickstein stated with regard to the Mayors comments he understands the concept t hat the city has been crawling and begging for businesses in this tow n and feels Delray Beach is better served looking for the right businesses. Mr. Glickstein s tated he does not feel in this town that we need to crawl and beg for anything and we should b e supporting the right businesses and property owners that have paid their dues with vested interest in this town that contribute towards its wellbeing not to ones that contribute to is denigra tion. Harold Jonas, owner of record and it is his sub “S” corporation and is registered through Sunbiz, stated he has the August 25, 2010 letter from Mr. Dorling’s office that grants the reasonable accommodation. Mr. Jonas stated this was not done behind anyone’s back and it was done all in open public records . He stated the intent is to convert the motel which is now housing transient residents throughout t he city into a medical facility. Mr. Jonas stated he is a licensed psychother apist and has a Ph.D. in addiction studies and stated he is one of those experts and one of those people. He stated he got into recovery having coming to Delray Beach in 1987 and is one of those success 18 04/03/12 stories. Mr. Jonas stated he works professionally as an intervent ionist and gets people to go to detox. Mr. Jonas stated he has worked in detox, worked in businesses in Delray Beach, operates businesses here and has stood before the Commissi on in the past speaking out against the medical arts district as discriminat ory to this business of addiction treatment. He has been a strong advocate of people in recovery he helped put Delray Beach on the map with the Koffeeokee Coffee House and was there for the New York Times to interview them to say recovery works and the Feder al Government supports that through the Substance Abuse and Mental Health Servic es Administration (SAMHSA). Mr. Jonas reiterated that he owns the property and w ants to convert it to improve and enhance Delray Beach. Rick Edick, 615 North Ocean Boulevard, Delray Beach, FL 33483, stated after finishing and MBA at Warden he worked for a global consulting firm and one of the things he specialized in was market analysis and fea sibility studies primarily on commercial properties. Mr. Edick stated six months ago Fran Marincola, owner of Café Luna Rosa, referred a couple to him who own the Creperie Restaura nt on Federal Highway and Atlantic Avenue and they are outgrowing their space. H e stated they came to him and asked what he thought about a property that they were looking at which was the Koffeeokee Coffee House. Mr. Edick stated they were going t o invest their life savings in this and the numbers did not work and from a market analys is standpoint they informed him that there was a rehab facility going in. Mr. E dick stated his opinion was that this would not be something that would really necessarily f it with the type of market that they are trying to appeal to. Mr. Edick stated he felt that they were too far from Atlantic Avenue but also because he did not realize it was an in -patient facility. Mr. Edick stated people coming in will hire consultant professionals who do market analysis and feasibility and would almost guarantee that there would be som e adverse impact of having that detox facility right next door or maybe down the street . He stated it will be a compatibility issue if not now it will be in the future. Anna Bierstock, 417 Palm Trail, Delray Beach, FL 33483 and owns a building at 25 N.E. 6 th (Federal Highway), expressed concern over Federal Highway because see owns property on Federal Highway and stated what i s happening in Boynton Beach is quite nice. Ms. Bierstock stated she sees what is ha ppening in Delray and it is a scourge; not a scourge because of anything that is going but bec ause of all the businesses that we have lost. She stated Delray Beach have two gateways to the beach of f of Federal Highway; George Bush Boulevard and Atlantic Avenue. Ms. Bierstock st ated she has lived here for 31 years and her home is historic and was built in 1928. Vicky Lichtman, 408 Palm Trail, Delray Beach, FL 33483, stated she wrote an email to the Commission and thanked them for responded. Ms . Lichtman stated she loves her home and neighborhood and when she purchased it felt safe and welcoming. She stated the City was having problems driving fr om I-95 down Atlantic Avenue but these problems were fixed because previous Commissi ons did something about it. Ms. Lichtman stated this city is changing right now b efore our eyes and our residents feel disappointed and helpless about what is happening. She stated the people that live in Delray chose to live here for the charm and the saf ety and feels the 19 04/03/12 atmosphere has changed in the city and they do not want to go out a s often. Ms. Lichtman stated the neighborhoods have people walking our streets t hat do not live here for more than days and weeks. She stated if someone chooses to li ve before detox is complete they most likely will be looking for ways to buy new drugs and feels they will come to people in their neighborhood for the money or the goods that they need to buy. She asked the Commission to not let the Delray Inn become part o f what is destroying our beloved city and urged the city to fight this. Katie Gerber, Secretary of the San Sebastian Homeowners’ Association, 32-unit townhouse community located at 295 N.E. 5 th Avenue, Delray Beach, FL 33483, stated she moved here in 2009 from Coral Springs because she rea d the Plan and saw what the plan was for the downtown Delray communit y and loved the idea. Ms. Gerber stated if the Scanlan’s would like to live cl oser there are dozens of residents in the community who will be putting their homes up for sale because they would not feel comfortable with this. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), thanked everyone that spoke tonight especially the individuals that spoke on the fact that this is a SPRAB appeal. D r. Kirson asked the Commission to speak solely on the SPRAB appeal. He recommended tha t the Commission say very little or nothing, vote “no”, and take the laws uit and fade it out in court. Jack Barrette, 1201 Seaspray Avenue, Delray Beach, FL 33483, stated he has looked more about bizarre location of substance abuse facil ities in his four months in this town then he had hoped to; however, Mr. Barrette stated he s till loves Delray Beach a great deal. Mr. Barrette gave an analogy of smoking on ai rplanes and stated when you look at a site plan you like to think that we are saying can the smoke get out and is this something that we do not want in the neighborhood and is thi s something that really physical barriers or new walls, trees, grass or back out parking can change and he does not see it and this does not make any sense at all. He stat ed if people want to smoke these cigarettes there are places they can go and there is a place near the hospitals where you can do this. Mr. Barrette stated he does not see any reason other than money this makes sense to do in this particular location and he does not see any thing physical they can with a site plan that stops this particular smoke from b illowing out. Mr. Barrette stated this is not something we can resolve with trees and wall s but a bigger issue of preserving the character of the neighborhood. There being no one else from the public who wished to address the Commission regarding the appeal, the public hearing was closed. Mr. Frankel asked if the appellee has the burden in this heari ng. The City Attorney stated he would not term it as a burden and the Commission bases their decision on substantial competent evidence. Mr. Frankel stated about 98% of what was said he cannot consider it because he would consider it inapplicable to this hearing. He stated 20 04/03/12 before himself and the rest of the Commission they have a Board Order so any comments about “not in my backyard argument” he cannot consider nor will he; “we don’t want rehabbers on our street” he will not consider that. Mr. Frankel s tated several people offered substantial evidence which he considers truthful knowing what the area involves have put on the record and have testified under oath there is an art s chool, Richwagen’s Bike Shop, auto center, San Sebastian townhomes, hairdresser, artist , the historic Hartman Bed and Breakfast and there is another historic home. Mr. Frankel stated before him he has a Board Order and part of the Board Order reads as follows: Subsection 2 Comprehensive Plan A Future Land Use Element Objective A-1 “Prop erties shall be developed or redeveloped in a manner so that the future use and int ensity is appropriate and complies in terms of soil, typographic, and other applicable physical considerations, in complimentary to adjacent land uses, and fulfills remaining la nd use needs.” Mr. Frankel stated he does not believe the applicant has provided compet ent substantial evidence that meets this burden so because of this he will be voting no on the appeal . Mrs. Gray stated this use is not compatible and believes it will create a negative impact to the business owners. Mrs. Gray stated she is a business owner and owns property in the City of Delray Beach and expressed conc ern with this not compatible she will not support the appeal. Mr. Carney stated he does not believe this Board ever abrog ates its authority to determine whether or not an application itself has bee n processed correctly and if in fact the timing of the initial application did not include t he disclosure that it was going to be 16 or 18 beds and that came after the ordinance then that is a material change and should have required that application to be restarted and that would have been after the ordinance. Mr. Carney stated the ordinance pre-empts any sugges tion of grandfathering because he does not believe this is grandfathered because he thinks the initial application fail to disclose what he considers to be material inform ation. Mr. Dorling stated staff had that discussion with the City Attorne y when the request was originally made and it was the concurrency wall that in fact that they had a vested interest to the reasonable accommodation. Mr. Carney st ated he believes that is material information that was omitted and is prepared to let a court make that decision as to whether or not that should have been a new application at that t ime. Mr. Carney stated Section 397.401 of the Florida Statutes particularly 397.403 even if all t he assets in Delray were in fact purchased the licensing procedure would require a new license to be issued because the new owners would have to qualify under the Statute. He stated he is troubled by the entire application process. Mr. Carney sta ted under the experienced owner of Delray In-Patient Detox Center will be a 16 bed stat e-of-the-art detox center focused on helping the addict and alcoholic find a real solution to thei r problem. He stated everything about this is that a new company is coming i n and they are taking advantage of an existing grant that was given and believes the change of control is substance here and the competent evidence that was put forth by Commissioner Frankel he agrees with completely and for that reason he concurs wit h his colleagues and not support the appeal. 21 04/03/12 Mr. Jacquet thanked everyone from the public for attending this e vening. Mr. Jacquet stated the applicant is correct that this is an a ppeal of SPRAB’s decision and the applicant is correct that we do address this “De novo” which m eans the Commission reconsiders the information presented. Mr. Jacquet stated with reg ard to the issues with the application that was made and whether there was any misinfor mation or not and who owns it etc. can be reconsidered because this is a new hearin g. However, Mr. Jacquet stated the test for this is simple when appealing SPRAB; do y ou meet all the requirements as set forth in the City’s LDRs and Comprehensive Plan. Mr. Ja cquet stated the Commission cannot reasonably withhold approval once they have alrea dy adopted a legislative procedure for how they are supposed to hear this and t he Commission cannot deny it only because neighbors are against it. Mr. Jacquet s tated there was a fourth DCA that was provided to the City where Judge Farmer made a good point “Power of the government to regulate land use is among land use within its border is among the very reason for the existence of local government. I also believe tha t land ownership is at the core of our constitutional freedoms thus the power of government must be exercised with healthy regard for that right.” Mr. Jacquet stated the test i s whether there is competent substantial evidence to support the Commission’s decision and belie ves there is competent substantial evidence to support SPRAB’s decision. Mr. Jacquet stated he believes that Future Land Use Element Objective A-1 of the Com prehensive Plan is not met and there are other issues that are not met as far as com patible with adjacent properties and the overall fabric of that area. Mayor McDuffie thanked everyone for attending this evening. He stated Quasi-Judicial Hearings do not allow the Commission to take into consideration the number of people for or against an item but there are some thi ngs the Commission can consider such as the City’s ordinances and the adherence to those ordinances in our Land Development Regulations. Mayor McDuffie stated he would like to address a comment that was made about his equating a paralyzed veteran who was here earlier tonight to receive accommodations from the City was the same as someone in substance abuse. Mayor McDuffie stated what he actually said was they are treated the same by the Federal Government. He stated they both fall under the Americ ans with Disabilities Act (ADA) and they are both due our respect. Mayor McDuffie stat ed his father was a Marine, he is a Vietnam vet, and his son just got out of the Navy se rving in the Persian Gulf so he has a great regard for Veterans and wanted to make sur e that what he said was very clear. Mayor McDuffie stated they are both protected the same by the Federal Government; they did not win that protection the same way. Mayor Mc Duffie stated the Commission is not allowed to take into consideration 99% of what was said tonight; however, there is a caveat that allows the Commission to say w hether something is compatible with its neighbors and future uses and the plans that people talked about on Federal Highway. Mayor McDuffie stated the Commission just got out of a long-range planning session all day long yesterday where they planned for this city 1 year out, 5 years out and 10 years out, and 15 years out and emphasized that they ar e looking forward to the future and the betterment of this community in the future. He stated the Commission has the opportunity to make a decision that will be part of that f uture and the City is fortunately supported by Future Land Use Element Ob jective A-1. Mayor McDuffie stated he believes we can put these places where t hey are surrounded by places 22 04/03/12 like them and not our residences and our bed and breakfasts. He stat ed he will not support the appeal. The City Attorney briefly reviewed the Board Order with the C ommission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Carney moved to adopt the Board Order as presented (denying the appeal), seconded by Mr. Frankel. Upon roll call the Commission vo ted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:50 p.m., the Commission took a short break. At this point, the time being 8:57 p.m., the Commission moved to Item 10, Public Hearings . 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 05-12: Consider a privately-initiated Future Land Use Map change from Transitional (TRN) to General Commercia l (GC), rezoning from POC (Planned Office Center) to PC (Planned Commercial), and a T ext Amendment of the Comprehensive Plan modifying the description of the GC (Gener al Commercial) Future Land Use designation to limit the maximum FAR to 0.46 for a 9.95 a cre property located on the southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) known as Delray Place. (Quasi-Judicial Hearing) (THIS ITEM IS A CONTINUATION FROM THE MARCH 20, 2012 PUBLIC HE ARING; IT IS NOT OPEN FOR PUBLIC COMMENTS) 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 23 04/03/12 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 office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. The City Attorney stated this was continued from the last me eting as a public hearing item and that public hearing was closed. The City Attorney stated the Planning Director is going to be speaking and he is still under oath from the prior meeting. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2012-058 and #2012-059. Mr. Dorling stated this was postponed from the public hearing o f March 20, 2012 at which time there was as suggestion that the applicant consi der the SAD zoning. The applicant has submitted a letter dated March 29, 2012 and they are asking that they be given a period of six months which would give them ad equate time to prepare and submit documents that are required for the SAD zoni ng piece. Mr. Dorling stated the applicant has asked that since SAD is consistent wit h all land uses that the land use portion of their current application is no longer necessary and that it be wi thdrawn. The City Attorney recommends that if the Commission votes to cont inue this that in the motion to continue that it be for a time period not to exceed six months and prior to this item coming before the Commission again that i t will have to be re- noticed and re-advertised and that the applicant would pick up the expense for Ordinance No. 05-12 unless they withdraw it completely. Mr. Carney asked if the applicant comes in under the SAD availa bility isn’t this a brand new application anyway. The City Attorney s tated it is his understanding that it is. Mr. Carney asked what the rationale is for trying to keep this application still alive even in a suspended form. Mr. Dorling s tated in his discussions with the applicant is that they would like to show that they are having a continuing process rather than a complete withdrawal and a new applicati on. He stated that goes to their negotiations with tenants and if they show that they are in f act proceeding with a 24 04/03/12 continuing application that is better than starting anew. Mr. Dorli ng stated at the final stage the current ordinance could be eliminated and replaced wi th a new ordinance should it be necessary. Mrs. Gray thanked the applicant for meeting with the residents from Tropic Bay and asked staff if he has heard anything about how the residents feel about this extended application. Mr. Dorling stated the previous meeting s the City has had would appear to give them an opportunity to way in to the degree t hat they have not to date. Mr. Frankel stated because this is a quasi-judicial hearing does he need to disclose any communications that have been made since the last he aring. Mr. Frankel stated he received an email from Mr. Carasello requesting to ta lk about this issue and he responded back to him and copied the Commission and Ms. Freeman that he would not have any more discussions because based on what his communications we re with the City Attorney that because the presentation of evidence was c losed he was not going to hear more. For the record, Mr. Frankel stated this is former M ayor Alperin’s idea and believes this is a great idea because it is the hottest cor ner in the city that needs to be updated. Therefore, Mr. Frankel stated the ability to attract a f irst class tenant would help based on the postponement he is all for it in this SAD zoning but feels the Dr. Alperin deserve credit. Mr. Jacquet disclosed that he received a letter from Mr. Caras ello which he forwarded to the City Clerk and he met with Mr. Carasello and Mr. Covelli on the site and numerous times have driven around the site and have walked some por tions of the site to take a look. Mr. Jacquet stated he met with Ms. Kelli F reeman a while back and briefly discussed this issue as well. Mr. Jacquet stated wit h the applicant proceeding in this manner does it require and asked if they have to get a consensus from the community or the Commission as to what is allowed. Mr. Dorling stated wha t the SAD does is physically ties the site plan to the zoning action and it does not require that they work with anybody. Mr. Carney disclosed he too received an email from Mr. Carasel lo and spoke with Kelli Freeman and forwarded this email to the City Clerk. Mayor McDuffie stated he received a voicemail and email from Mr. Carasello as well but did not respond. Mrs. Gray disclosed that she too received the same email and sp oke to staff. Mrs. Gray stated she received a telephone call from Bill Branning to meet with the applicant but she did not. Mayor McDuffie echoed comments expressed by Commissioner F rankel and stated this is the most important corner that needs somethin g done to it. Mayor McDuffie stated he supports a 6 month extension with pursuit of the SAD zoning. 25 04/03/12 Mr. Jacquet moved to continue for a period not to exceed of six (6) months and when this matter comes back if it is not withdrawn that the applicant must pay for the re-notice and re-advertising of this item, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Frankel – Yes; Mrs. G ray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes. Said mot ion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 09-12: Consider a city-initiated amendment to Land Development Regulations (LDR) Appendix “A”, “Definitions”, to exp and the definition of “Restaurant (Bona Fide)”, to clarify required operations and c omponents for restaurant uses. The caption of Ordinance No. 09-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES BY AMENDING 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. (The official copy of Ordinance No. 09-12 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this ads three specific sections to the existing definition of restaurant that says all tables, chairs, and counter areas are to remain available for full course meals during all hours of operation and tables and seatings cannot be cleared away to accommodate oth er activities such as dance floors or other occupancy areas. Mr. Dorling stated this is to really address an issue where restaurants more of a stand-alone bar in the evenings and in the cases when they do that either because they become a stand-alone bar and the City has a distance requirement for stand-alone bars, or they fail to satisfy requir ements that are currently in place for operation of restaurant and that language is bein g proposed. He stated some additional language that facilities that qualify for a stand-alone bar facility serving food category per Florida Statute would not qualify as a bona fide re staurant. Mr. Dorling stated the Statutes say that if you provide more than 10% of the revenue from food then you cannot have that category so that says you are providing 90% liquor at a minimum. 26 04/03/12 He stated in a situation like that you cannot meet the definition of a restaurant. Mr. Dorling stated the language is strengthened that service of full course meals be available at all times that alcoholic beverages are being served. He stated there is some concern that in later parts of the evening that facilities that are truly restaurants may in fact not have full course meals at the end of the evening and there was some discussion about some time associated with that. Mr. Dorling stated right now under the current restaurant regulation that has been in place for two years or more “A bona fide restaurant must, during all hours of operation, continually offer food service consisting of full service meals.” Furthermore, Mr. Dorling stated the language states “A bona fide restaurant must have full kitchen facilities, which are located in a complet ely 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 oper ation.” Mr. Dorling stated while staff is adding #6 that is really clarification of the existing ordinance. Mr. Dorling recommends approval at this time and stated this is to address an issue where people he believes are taken advantage of it and turning it into a stand-alone bar after certain hours of the evening. At its meeting of February 27, 2012, the Planning and Zoning Board reviewed the item and recommended approval with a 4 to 0 vote. At i ts meeting of March 7, 2012, the Pineapple Grove Main Street Committee reviewed th e item and the thought there should be some additional language that would allow restaura nts to move a certain amount of tables to provide a small area for entertainm ent venues but not to the degree that is being taken advantage of now. Mayor McDuffie declared the public hearing open. Jeffrey Lynne, Weiner, Lynne & Thompson, P.A., 10 S.E. 1 st Avenue, Delray Beach, FL 33444, speaking on behalf of Union (8 East Atlantic Avenue) located next to Tryst Bull Bar Deluxe), stated because of the locati on of Union it does not lend itself to a full-time restaurant type of situation. Mr. Lyn ne stated they have a kitchen that remains open until closing and exceptionally good food. He stated t heir concern is that the ordinance as drafted would make them a legal non-conforming use or a n illegal use. Mr. Lynne stated they are concerned about their significant investment at t hat location. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated at first he thought this was an invasion of government into a private business but then after speaking to peop le he found that this is not what the majority of residents of Delray Beach want. Dr. K irson stated if all the standing bars would keep tabs of how drunk somebody is it would not be a problem but they do not and the problem spills out into the street. Dr. Kirs on supports the Planning and Zoning Board’s recommendation to follow the rules or shut down. Butch Johnson, Tryst and 32 East, stated he is unclear as to what the ordinance is and asked if there is a certain amount of food that ne eds to be sold versus liquor. Mr. Johnson stated if he leaves the kitchen open therefore he can serve liquor and 27 04/03/12 noted that he has a 4COP license at Tryst. He stated he would like to be in complianc e. Mr. Dorling stated in negotiations with Union there is SRX license which requires 55% food sales to 45% alcohol. He stated they are one of t he few that has an SRX license; most if not all of them in downtown have a 4COP whic h allows them to have full liquor but does not put a cap on the percentages of food to li quor. Mr. Dorling stated the City’s regulations say that you need to meet the def inition of restaurant which means you have a kitchen and that you offer full course meals all t he time they are open under the current regulations (i.e. 20%, 30%, or 40%). He stated this i s to address the people that do this on a regular basis. Mr. Jacquet asked for clarification regarding the 4COP license. Mr. Dorling stated there is no percentage requirement with regard to food versu s alcohol. Mr. Jacquet inquired about the SRX licenses. Mr. Dorling stated the S RX licenses are 55%- 45%. Mr. Jacquet asked if the City has any requirements in our def initions for restaurant on what percentage of food versus alcohol these owners should be looking a t. Mr. Dorling stated the City does not. Mr. Jacquet asked if the City ’s definition for restaurant specify that the kitchen must be in-house or does it just say y ou have to offer food within those hours. Mr. Dorling stated the current definition states that “A bona fide must have a full kitchen facility and food preparation staff capable of preparing and serving full course meals during all hours of operation.” Mr. Carney stated it does not actually state that the food has to be prepar ed on-site; you can staff taken out of the kitchen and bring food in f rom elsewhere and serve it. Mr. Dorling stated it is mute to that. Mr. Johnson asked what type of menu he has to have available and how many people does he need to have in his kitchen. Mr. Johnson stated t hey are a restaurant and 90% of their opening hours and on Fridays and Saturdays between 11:00 p.m . -1:30 a.m. that the crowd goes from the dinner crowd to a lively social c rowd people drinking cocktails. However, Mr. Johnson stated they do not move tables and chairs. There being no one else from the public who wished to address the Commission regarding Ordinance No. 09-12, the public hearing was closed. Mrs. Gray asked if there would have to be a full staff and aske d if a restaurant owner would have to have a different menu or a full menu. Mr. Dorling stated there is a difference between the language that is being pro posed now which is limited to you cannot move your tables around and you cannot have a stand-alone facilit y and be called a bar and what is on the books now. Mr. Dorling stated the C ity’s current ordinance states that you have to have full kitchen facilities and food prep sta ff. Mr. Frankel stated he learned since this the Commission last dis cussed this is that every day Monday-Friday he eats lunch at nightclubs. M r. Frankel stated he does not feel we should micro-manage what has been named the number one street in Florida. He stated there is nothing about lunch requirements, percentage of f ood to liquor sales, 28 04/03/12 food being prepared on-site, and there is nothing about being open 6-7 days a week. Mr. Frankel stated Tramonti’s indicated that this would cost them $5,000 a month. If this ordinance is passed as written, Mr. Frankel stated 32 East is not going to have a substandard staff. Mr. Frankel stated he understands there needs to be regulations and things need to be done to target one or two people on Atlantic Avenue but if this is passed it has much larger unintended consequences. Mr. Frankel stated he does not support this . Mr. Carney concurred with comments Commissioner Frankel and he doe s not want to micro-manage the restaurants in requiring them to do all these things. However, he does want to address the issue but thinks it can be done in a better way. Mr. Jacquet stated he agrees that there is an issue that we are trying to fix and feels that we are over regulating these businesses. Mr . Jacquet suggested that staff go back and relook at the definition of restaurants and address some of these questions. He stated he asked if the kitchen has to be in-house and do they ac tually have to produce the food within that physical structure or can they bring it in and noted this is unclear. Mr. Jacquet suggested that staff just tighten up the ordinance an d be specific by stating that the restaurants have to have a kitchen within the facility a nd that food must be prepared within the facility. Mr. Jacquet stated he cannot suppor t this because in his opinion it will hurt businesses and feels it is unclear. Mayor McDuffie stated he supports the idea and understands what staff is trying to do. However, Mayor McDuffie stated the City is tr ying to take over something that should be a law enforcement or Code Enforcement problem by over regulating our operators who are doing a great job now. Mayor McDuffie stat ed there are people present this evening on another issue because we have unscrupulous ope rators in town in that kind of business and it is very passionate. He stated we ha ve some noise problems and some restaurants that are not really acting as restaurants . Mayor McDuffie stated if the City makes the restaurants keep everything operational s o they can serve a full dinner at 1:58 a.m. before the doors close at 2:00 a.m. then there will be a lot of staff around for quite a while which costs the restaurant owners money. Mr. Dorling stated he feels that the Commission has a concern with not the new language but with the existing language in the ordinance. He stated it is not the new language that is making the restaurants non-compliant; they are in non-compliance now. Mr. Dorling stated the issues with percentages become problematic in that we would have to audit individual restaurants and there are ways that this sort of thing can be manipulated. He stated when there was an SRX license the City would call in the State and they would perform an audit as part of their enforcement. Staf f can revisit some of the definitions and address the current regulations as well. Mr. Carney moved to adopt Ordinance No. 09-12 on Second and FINAL Reading, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gray – No; Mayor McDuffie – No; Mr. Carney – No; Mr. Jac quet – No; Mr. Frankel – No. Said motion was DENIED with a 5 to 0 vote. 29 04/03/12 10.C. ORDINANCE NO. 10-12: Consider a city-initiated amendment to the Land Development Regulations (LDR) Appendix “A”, “Definitions”, to provide a definition of “Delicatessen”, Section 4.6.9, “Off-Street Parking Regul ations”, and Article 6.3, “Use and Work in the Public Right of Way”, Subsection 6.3.3, “Sidewa lk Café”, to provide a definition, clarify required parking, and to clarify the c haracteristics of a Delicatessen. The caption of Ordinance No. 10-12 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES, BY AMENDING 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 CAFÉ”, TO CLARIFY PARKING REQUIREMENTS AND SIDEWALK CAFÉ COMPONENTS FOR DELICATESSENS AND SIMILAR USES; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-12 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. Paul Dorling, AICP, Director of Planning and Zoning, stated this ordinance clarifies parking requirements for Deli’s and simila r uses and how the sidewalk café components can be utilized for those uses and also provides a new definition for delicatessen. Mr. Dorling stated there is additional clarif ication that sidewalk cafes can be established by modifying the current reference to public space in front of a public open space plaza adjacent to a business. He stated currentl y ice cream shops, sandwich shops; delicatessen’s where no indoor seating is allowed is c onsidered a take-out facility and is subject to general parking requirements. Mr. Dorling s tated it also provides that sidewalk cafés that are allowed for take-out facilities would b e limited to consumption of take-out food only and that waiter and waitress service to tables is only allowed for restaurants or for facilities which have been assessed restaurant par king requirements. 30 04/03/12 At its meeting of March 7, 2012, the Pineapple Grove Main Street Committee reviewed the item and recommended approval; at its me eting of February 27, 2012, the Planning and Zoning Board reviewed the item and recommended appr oval with a 4 to 0 vote. Mayor McDuffie declared the public hearing open. There being no one from the public who wished to address the Commission regarding Or dinance No. 10-12, the public hearing was closed. Mr. Jacquet asked if Big Al’s counts as a delicatessen. Mr. D orling stated they would be a kin to a delicatessen/sandwich shop and they do not have any inside seating so their sidewalk café would be subject to take-out product only. Mr. Carney stated he supports the ordinance. Mrs. Gray stated she supports the ordinance. Mr. Frankel stated he cannot support the definition of a delicate ssen because he feels this is where he can get matzo ball soup and a corned beef sandwich. However, Mr. Frankel stated he can support the language of a sandwich shop. The City Manager asked if it is necessary to have the de finition of a deli. Mr. Dorling stated staff could eliminate the definition and som ebody comes in and says they are a deli what is the parking requirement and the City does not define deli and then there is confusion. Mr. Dorling stated if we say sandwich shops and anything sim ilar to it not including a deli and not include a definition. Mr. Carney stated the English definition of deli is a take-out food. Mr. Dorling stated staff can eliminate the definition of deli. After brief discussion, Mr. Dorling suggested to eliminate the definition of deli (Section 2). Mr. Carney moved to adopt Ordinance No. 10-12 on Second and FINAL Reading deleting Section 2 definition of Delicatessen (Deli), se conded by Mr. Frankel. Upon roll call the Commission voted as follows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 9:55 p.m., 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. 31 04/03/12 11.B. From the Public. 11.B.1. Greg Weiss, 340 S.W. 6 th Avenue, Delray Beach, FL 33444 speaking on behalf of the Milagro Center, stated he is a Board member and Chair of Government Affairs Committee. Mr. Weiss stated the Milagro Center cur rently serves 45 elementary school aged children after school while providing arts education while teaching values such as respect, responsibility, cooperation, and tolerance. He s tated the Milagro Center also provides tutoring and academic support to the most at risk children livi ng at or below the poverty line here in Delray Beach. Additionally, the Milagro Center is now serving 20 teens providing cultural arts, living values and academic suppor t and the teens are also offered life skills training, SAT Prep and job training. Mr. Weiss stated a s of this date the City has not signed off on their new home at the Villages of Delr ay and this has created a situation where they cannot facilitate their Health Departme nt permit. He stated they have new tenants that are scheduled to move into the old facility and the new tenants are a child care facility in approximately sixty (60) days. Mr. Weiss stated they do not wish to break the lease agreement because these new tenants provide a critical service to the surrounding community. He stated by not having the City sign off may put their program as a whole at risk including the summer camp for the children. M r. Weiss stated he had a pleasant and positive conversation with the City Manager regardi ng their situation. He thanked the City Commission for allowing him to give an update on this unnerving situation from their perspective as a charity in Delray Be ach trying to do some good work. Mr. Weiss stated he hopes we can all resolve this in a t imely manner and save these vital programs. 11.B.2. Dr. Victor Kirson, D.D.S., 2050 Alta Meadows Lane #2110, Delray Beach, FL 33444 (President of the Board of Directors of Tierra Verde at Delray Beach and Member of the Alliance), stated when he was campaigning he did a survey to see what each section of Delray Beach was most concerned about. Dr. Kirson stated the beach was concerned about taxes and the rest of the city was concerned about taxes. He stated there is also the problem with the transient housing and taxes go against each other. Dr. Kirson asked how much are the residents willing to spend to defend the city against transient housing and what kind of millage increase are they willing to go to. He stated it is up to the Commission to decide how much do we spend a nd what are the chances we are willing to take to win a case. 11.B.3. David Charles Faustin, 10175 Camino Del Dios, Delray Beach, FL 33446, stated he stands before the Commission in defense of liberty, t he rules of law, and the United States Constitution and continued his remarks from the Marc h 6, 2012 City Commission meeting. At this point, the time being 10:04 p.m., the Commission moved back to Item 9.B. of the Regular Agenda . 32 04/03/12 9.B. CONDITIONAL USE REQUEST/DELRAY GAS STATION: Consider approval of a conditional use request for Delray Gas Stati on (formerly known as Valero Gas Station) to allow the re-establishment of the gasoline station with attendant food sales, at 14111 South Military Trail. (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 par te communications. The Commission had no ex parte communications to disclose. Paul Dorling, AICP, Director of Planning and Zoning, entered the Planning and Zoning project file #2012-079 into the record. Mr. Dorling stated this is a conditional use request to re-estab lish a gas station and food sales at 14111 S. Military Trail. The subject pro perty contains a vacant Valero Gas Station, which was established in 1983 and vacated in 2009. H e stated this has been purchased by the bank and they are marketing the proper ty for a new gas station. Mr. Dorling stated since the conditional use has lapped for more than six months it requires to be re-established through this process and the ne w owner is proceeding with that requirement. Staff recommends approval at this time subjec t to the applicant coming in with a site plan being submitted and processed later. At its meeting of March 19, 2012, the Planning and Zoning Board recommended approval subject to conditions with a 7 to 0 vote. Michael Sanchez/Johnston Group, representing Iberia Bank, stated Iberia Bank acquired this property through an action by the FDIC and they would like to position the property to market it to potential gas station and s o that they can renovate the property. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the conditional use request, to please come f orward at this time. There being no one from the public who wished to address the Commi ssion, the public hearing was closed. The City Attorney briefly reviewed the Board Order with the C ommission who made findings according to their consensus (attached hereto is a copy and made an official part of the minutes). Mr. Frankel move to adopt the Board Order as presented, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McD uffie – Yes. Said motion passed with a 5 to 0 vote. 33 04/03/12 9.C. WAIVER REQUESTS/SW DELRAY ONE, LLC.: Consider approval of four (4) waiver requests to Land Development Regulations (LDR) to allow 9 ft. floor to ceiling height for the rooftop pavilion where 10 ft. is required pursuant to LDR Section 4.4.13(F)(1)(b), to allow 8’11” and 13’0” ft. stacking distances where a 50 ft. stacking distance is required for parking lots with 51 or more spaces pursu ant to LDR Section 4.6.9(D)(3)(c)(1), to allow 50% frontage at a maximum setback of 10 ft. along SE 1 st Avenue where 70%-90% is required pursuant to LDR Section 4.4.13(F)(4)(c)(1) , to allow 11.59% frontage at a minimum setback of 15 ft. for heights ab ove 25’ along SE 1 st Avenue where 70% is required, and to allow 76% of the ground level floor area for floor levels above 25’ where a 70% maximum is allowed pursuant to LDR Se ction 4.4.13(F)(4)(c)(2) for the proposed Saxena White Corporate Office located at 111 S.E. 1 st 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 par te 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 #2012-035 into the record. Mr. Dorling stated this is the Saxena White Office Building a nd the Commission saw waivers for the sidewalk at their previous meet ing. He stated there are four (4) additional waivers that are requested at this time as part of that site planning process. One of those waivers is to allow a 9 foot ceiling to he ight for a rooftop pavilion where ten feet is required and allow a 8 foot 11 inch and 13 foot stacking distance requirements for the parking lot where a 50 feet stacking distance is required and some modifications to the frontage requirements in the CBD design gui delines. Mr. Dorling stated there is a 50% frontage at a maximum 10 foot setback wher e 70%-90% is required; and a 70% requirement of ground floor to upper floors where 76% is propos ed. Mr. Dorling stated the required findings are made in LDR Section 2.4.5 (B)(5) and the analysis of each of these is in the staff report. Mr. Dorlin g stated staff has a concern relating to the first waiver which is a reduction from 9 foot to ten foot; from 10 foot to 9 foot there is a minimum height for all floors and this can be a ccomplished. He stated staff is not sure why it is not proposed in this case but sta ff is suggesting that it would be a grant of special privilege and therefore is not supporting tha t portion of the waiver; however, staff supports the balance of the waivers. Mr. Dorling stated the Site Plan Review and Appearance Board (SPRAB) considered these waivers as part of their review and recommende d approval with a 6 to 0 vote on all of the waivers; however, that first waiver they sugges ted that it only be approved only in the event the required height could not be achieved. St aff believes this height can be achieved with a 48 foot height limit and 45 foot current limit of that building. Staff recommends approval of three of the waivers wit h the exception of waiver #1 which staff recommends denial as did SPRAB. 34 04/03/12 Richard Jones, Richard Jones Architecture, 10 S.E. 1 st Avenue A, Delray Beach, FL 33444, stated they are very excited about this project coming to downtown as well as their clients Sazena White. Mr. Jones sta ted they are bringing several attorneys and other well paid individuals that are going to be relocating their businesses from Boca Raton. He stated they feel that they hav e provided justification for all the waivers. Mr. Jones stated the 9 foot versus the 10 foot at the top he feels they could get it to work at ten feet. He stated they would like to have the waiver approved in case they need that foot and feels they can accommodate the fou r-stories within the 48 feet. Mr. Jones stated SPRAB thought it was 44 feet but it is actually 48 feet. Mr. Jones urged the Commission to approve all the waivers. Mayor McDuffie stated if anyone from the public would like to speak in favor or in opposition of the waiver requests, to please come forwar d at this time. There being no one from the public who wished to address the Commission, t he public hearing was closed. Mr. Jacquet stated that Mr. Jones stated that it is possible that he could meet that ten foot requirement but he is not sure yet but in case he is unable to m eet it that is why he is wanting this waiver. Mr. Jones stated the origi nal concept design and the other drawings that had occupied they planned for certain ceiling heights on each floor and when they got to the top they found they could only accommodate a 9 f oot ceiling. Mr. Jones stated the top floor is just a pavilion and it includes a bathroom for a rooftop terrace and some storage. He stated if they add a foot in that rooftop pavilion which would seldom be used they would have to take it out of ceiling heights on the lower three floors. Mr. Jones stated these are leasable floors and are at a ceiling height minimum for Class A office space. Mr. Jacquet asked staff about the extra foot. Mr. Dorling stated staff was basing that assumption on the dime nsions that were previously provided which showed 45 feet. He stated if in f act it is 48 feet then staff’s position would be different. Mr. Jacquet asked if it is in fact 48 feet. Mr. Jones stated it is 48 feet. Mr. Jacquet moved to adopt the Board Order as presented, seconded by Mr. Carney. Upon roll call the Commission voted as follows: Mr. J acquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. C arney – Yes. Said motion passed with a 5 to 0 vote. 9.D. RESOLUTION NO. 21-12/DELRAY BEACH ECONOMIC DEVELOPMENT FUND: Consider approval of Resolution No. 21-12 which recognizes the importance of economic opportunities within city b oundaries, establishes the Delray Beach Economic Development Fund to provide matching funds for various State economic development incentives and provide an effective date. The caption of Resolution No. 21-12 is as follows: 35 04/03/12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA RECOGNIZING THE IMPORTANCE OF ECONOMIC OPPORTUNITIES WITHIN THE CITY BOUNDARIES; APPROVING THE ESTABLISHMENT OF THE DELRAY BEACH ECONOMIC DEVELOPMENT FUND; AND PROVIDING AN EFFECTIVE DATE. (The official copy of Resolution No. 21-12 is on file in the City Clerk’s office.) Vin Nolan, Economic Development Director/Community Redevelopment Agency (CRA), stated this is a request for the Commission to ac t on creating the Delray Beach Economic Development Fund in accordance with discussion that they held at the March 15, 2012 Workshop. Mr. Nolan stated the CRA described to the Com mission the baseline that they feel is necessary to get on track to fulfi ll their broader city-wide economic initiatives in particular the Congress Corridor. He st ated this is a resolution that establishes that fund and designates a specific amount that they would anticipate be allocated towards that fund. Mr. Frankel stated because the work is ¾ CRA and ¼ City is the CRA putting up $3 million and will there be some overlap. The City Manager stated he does not envision much of this happening within the CRA district but he pointed out that each individual match be approved by the City Commission and if we happen to get a business that wants to go in the CRA district then the City would ask them to put up some of the money to make thi s local match. Mr. Nolan stated Mrs. Gray stated she is glad to see the progress that w e have made in the short period of time and asked if we need more staff. She stated everyone is on board with this but the Commission really wants to see some work being done and some results. Mr. Nolan stated at the present time over the past six months si nce he has been here most of his work with the CRA is tactical and the work he has been doi ng on the City side is strategic and long-term. Mrs. Gray asked if the grant dolla rs that we would be matching are they job specific. Mr. Nolan stated the largest prop ortion of them are that is the QTI Program that the State does for special targeted industries and those are $3,000.00 per job created in those categories. Mr. Nolan stated they have alread y initiated some work towards reaching out to the State Legislative Delegation to look towards next year’s legislative session and the creation of an enterprise zone which w ill double those State dollars that will come back to them. Mrs. Gray asked if the $1 m illion that Mr. Nolan is requesting is sufficient. Mr. Nolan stated they have to say that there is a dollar amount out there that they are prepared to commit to show their seriousne ss for the business community and their upstream stakeholders at the County and the St ate level. He stated if they see a lot of activity and it is going in the direction t hat they want and they want to come back later and suggest a new number they will do that at the appropriate point in 36 04/03/12 time. The City Manager stated the local match is 20% so $1 million w ould generate another $4-5 million. Mr. Jacquet stated if we do not match this 20% that the City is putting in then we lose the other 80%. Mr. Nolan stated this is our seed core and they are basically planting for the future. Mr. Nolan stated the jobs that will com e as a result and the tax based growth that will come as a result of the nominal expenditur e against the 80% that will come back that is passing us at the present time wil l yield both the tax base growth and the job creation which also throws off additional revenue to the ci ty. He stated this is future investment dollars. Mayor McDuffie stated he has had the privilege to be involved in m any of these site selection trips in Boca and this is something that has been needed for quite some time. He stated this is a great step and looks forward to the enterprise zone becoming a reality. Mr. Frankel moved to approve Resolution No. 21-12, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mr. Franke l – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Y es. Said motion passed with a 5 to 0 vote. 9.E. REQUEST DIRECTION ON THE CONVERSION OF S.E. 1 ST STREET: Provide direction on the implementation schedule for the conversion of S.E. 1 st Street to two-way traffic from S.E. 1 st Avenue to S.E. 6 th Avenue. Randal Krejcarek, City Engineer, stated this item is for the conversion of S.E. 1 st Street and it starts at South Swinton Avenue and goes east to nor thbound Federal Highway and is converted from one-way to two-way. Mr. Krejcarek s tated staff has been working with the County on converting the signals and the three inters ections that are signalized are Swinton, southbound Federal Highway and northbound Federa l Highway. He stated South Swinton intersection does not have a right-of-way a nd existing signals are on FPL poles and FPL does not allow signals on their poles any more. Therefore, Mr. Krejcarek stated the City is going to have to obtain right-o f-way or easements in order to put in the new poles and mast arms. The redevelopment on the northeast corner is currently going through a review process and staff has asked for a corner clip on that area to accommodate a mast arm. He stated he had conversations with the County about putting one pole in and just diagonal across and hang all the signals on that. Mr. Krejcarek stated the next one is South Federal Highway and the e xisting roadway is built out almost to the maximum right-of-way and the existing poles are not structurally sound enough to handle the additional heads that have to be placed up ther e. He stated two additional poles would have to be placed on the west approach on S.E. 1 st Street. Mr. Krejcarek stated two additional poles would have to be placed on the west approach on S.E. 1 st Street to hang new signal heads on there; staff would have to tal k to both property owners and obtain easements to put those new poles in. He stat ed the temporary at S.E. 37 04/03/12 5 th Avenue would be with wood poles not with mast arms because when t hey come through with the Federal Highway project which starts later this sum mer, that intersection is going to get completely redone with mast arms. Mr. Krejca rek stated S.E. 1 st Street at northbound Federal Highway is a much easier intersection to handle . He stated the other issue is both southbound and northbound Federal Highway even for the tem porary the City has to go to FDOT for a permit and there has been prel iminary indications from FDOT that even though we are so far along with the design of the Federal Highway Beautification Project they still have not required the City to bring those intersections up to ADA compliant which means that the City will have to do some physical at two if not four of the corners of both intersections in addition to the work that the County is going to do. He stated the City does not know the cost of that work until staff receives the comments back from the State. Mr. Krejacarek stated the cos t is approximately $67,000.00 depending on the requirements from the State and with regard to the timeframe and the minimum would be ten months and the longest could be as much as two years and the reason is because of the fact that the City would have to get easements for the intersection at southbound Federal and southeast 1 st . Mr. Krejcarek suggested looking at running at S.E. 1 st Street from S.E. 1 st Avenue going west to S.E. 6 th Avenue to a two-way until staff can resolve the issues at the interse ction of Swinton Avenue. He reiterated that the anticipated start date is late this sum mer and the anticipated completion date of the Federal Highway Beautification Project is October 2013. He stated even if the City started with the temporary conversion this may not be comp leted with that by the City gets under construction with the Federal Highway project. Staff recommends not moving forward at this time and letting it naturally evolve with t he Federal Highway project. The City Manager stated there have been five (5) accidents along S.E. 1 st Street in the last ten months involving people turning into oncoming traffic. Mr. Frankel stated he recognizes the fact that a lot of cars go the wrong way. However, he stated if we are patient we can save $65,000.00 in taxpayer dollars then he is in favor of staff’s recommendation. Mrs. Gray supports staff’s recommendation. Mr. Carney supports staff’s recommendation. Mr. Jacquet stated that is a dangerous one-way and he would like t o see this go forward as soon as possible. Mr. Jacquet stated he suppor ts staff’s recommendation. Mayor McDuffie stated it is foolish to make these changes and then go do everything again. He agrees that we do not have to spend $65,000.00 and asked if the City’s Federal funding remained intact. Mr. Krejcarek state d at the last meeting the Commission approved the LAP (Local Agency Program) and that is what the Federal funding is tied to. 38 04/03/12 Mr. Frankel moved to approve staff’s recommendation and wait the additional 18 months and not spend the estimated $65,000.00, seconded by Mrs. Gray. Upon roll call the Commission voted as follows: Mrs. Gray – Ye s; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes. Said motion passed with a 5 to 0 vote. 9.F. REVIEW AND ACCEPTANCE OF REGULARLY SCHEDULED CITY COMMISSION MEETING DATES: Review and discuss an alternate date for the January 1, 2013 Regular Meeting and provide direction on whether to sc hedule the January 29, 2013 Annual Citizen's Roundtable. The City Manager stated in setting the meeting dates it was overlooked that the first Tuesday in January falls on January 1, 2013 so that dat e needs to be changed and the calendar had on it a potential Annual Citizen’s Roundtable dat e of January 29, 2013. It was the consensus of the Commission to hold the first regular meeting on January 3, 2013. Mr. Frankel asked if there is an estimate of how many st aff hours are designated to the presentations. The City Manager stated he woul d guess between 60-80 hours and it is highly paid people as well. Mr. Frankel stated what the Commission had last week with Lyle Sumek with citizen’s and expand it to dif ferent homeowners’ associations Mr. Frankel stated that kind of time being taken away from pressing business for a very minimal attendance he feels there is better use of tim e. The City Manager suggested that department heads be done during the day and the Citizen’s Summit that evening on April 1, 2013. The City Mana ger stated they could expand the invitation list and let each Commission invite 12-15 p eople to ensure that we end up with at least 50 people there. Mayor McDuffie stated there is a much better participation in the Citizen’s Summit than the Annual Citizen’s Roundtable. Mrs. Gray stated she is in favor of the Citizen’s Summit as long as the City makes sure to add more residents and not just the non-profits or organizational institutions. Mr. Jacquet stated he loves the Annual Citizen’s Roundtable and fee ls it is an opportunity for the residents to be involved in what it is that w e are doing and it is very symbolic of open government. However, Mr. Jacquet stated he a grees that the Citizen’s Summit and would like to merge the Citizen’s Summit and the Annual Cit izen’s Roundtable to still allow the public to be involved and also make i t more productive. He concurred with comments expressed by the City Manager to invite more than 10 people and include some residents who live here. 39 04/03/12 Mayor McDuffie stated the issue with the Annual Citizen’s R oundtable is dramatically diminishing participation. The City Manager stated staff will work on this. 9.G. REVISED VALET PARKING LICENSE AGREEMENTS: Consider a pproval modifications contained in the proposed Valet Parking License Agre ements. Scott Aronson, Parking Management Specialist, stated at the Mar ch 15, 2012 Workshop meeting staff discussed changes to the Valet Agreeme nt that were proposed from direction of the December 6, 2011 City Commission me eting. Mr. Aronson stated at that meeting it was determined that the resta urant owners and stakeholders made some valid arguments to the validity and the succes s of the program that the City was administering at the time as opposed to the options that were provided in lieu of that program. Mr. Aronson stated those have been incorp orated into the new agreement; all signage must include “Open to the Public”; the agreement terms were recommended to be extended (3-5 years) and the City selected a thr ee-year term. He stated staff has also proposed 3% annual increases and noted fee s have remained unchanged for several years and staff recommends a 5% on the initi al agreement and then those 3% increases to come in the subsequent renewal years. Als o, Mr. Aronson stated addressing the uniforms that they be displayed permanently with the valet on the rear or the front of shirt. Mr. Aronson stated there was a disparity be tween east of the Intracoastal fees per space per month $125 and west of the Intr acoastal is $100. He stated there was a comment that those fees should be equal. Mr. Aronson stated then the discussions from the Commission turned to keeping increases moderate so that we do not end up with a situation where they have increased parking valet fees in order to make a successful project. He stated he did not incorporate the $25 incr ease to the queues west of the Intracoastal and asked for clarification on this. Mr. Aronson stated the Parking Management Advisory Board reviewed these modifications in between those two times there were a cou ple of ideas that were thought of that were not available at the Commission Workshop: (A) valet services must be provided throughout the year to assure service is consistently av ailable to customers of area. He stated in the past restaurateurs have opted not to provide the service; they pay the fee so that they can maintain the queue but they do not put the va lets out and three spaces usually went back into the parking pool. Staff feels that being that it is now a service for neighboring businesses including validation programs to be available that they be required to provide that service 12 months out of the year; (B) queue s should be staffed by a minimum of two (2) employees, with one stationed at the valet queue at all times, to assure the smooth flow of traffic in the queue and to preve nt illegal parking in the queue which may result in a citation being issued and/or vehicl e being towed, and (C) parking lot(s) required for the storage of vehicles must be in t he name of the licensee to assure continued compliance with the agreement if a change in valet operators is needed. Mr. Aronson stated the Parking Management Advisory Board (PMAB) reviewed these recommendations as well. The Board did not recomme nd approval of the 40 04/03/12 following recommendations: (1) valet company name and/or logo on the front of shirt, (2) the proposed 5% increase failed to pass in a 3-3 vote (Ma rincola and Gergen rescued themselves from this financial aspect of the Board’s action), and (3) did not agree with the 2-person minimum staffing level. Mrs. Gray stated with regard to the valet queues west of the Intracoastal should be the same price as east Atlantic Avenue ($125). Mr. Ar onson stated the difference between the two is that the valets east of the Int racoastal work in the daytime from 11:00 a.m. to 10:00 p.m. He stated there is no difference in those fees but east of the Intracoastal is metered area so there was some differenc e in price to make up for that difference in revenue that the City was not seeing from mete ring at that valet queue between 11:00 a.m. and 5:00 p.m. The City Manager stated the valet parking queues west of the Intracoastal start after 5:00 p.m. and the ones east of the Intracoastal have an additional six hours of service. Mr. Carney commented about the recommendations that the PMAB did not recommend. Mr. Aronson staff recommends that the shirts be light in color because the valets are working in the right-of-way at night and the Board agreed with that as well. Mr. Carney stated he supports the recommendation. Mr. Jacquet stated he read the license agreement and thought it w as pretty well written. Mr. Jacquet stated the only question he has is #16 the penalties for violations/termination and asked if there is any specific time period and is it four within the term of the agreement. Mr. Aronson stated it is within the licensing year so it is from its date of origin to its expiration. The City Attorney stated we need to clarify this to make it on an annual basis. Mr. Frankel stated he attended the PMAB meeting on March 27, 2012 and agrees with staff and wants to keep the valet fees within that $5-$10 range. The City Attorney stated pursuant to our local rules the Commi ssion will need to make a motion to extend the meeting otherwise it will end now. Mr. Carney moved to approve the revised Valet Parking License Agreement, seconded by Mr. Frankel. Upon roll call the Commission vo ted as follows: Mayor McDuffie –Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. Mr. Frankel moved to approve to extend the City Commission meeting beyond 11:00 p.m., seconded by Mr. Jacquet. Upon roll call the Commissi on voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes; Mrs. Gray – Yes ; Mayor McDuffie – Yes. Said motion passed with a 5 to 0 vote. 41 04/03/12 9.H. OFFER OF SETTLEMENT IN VINCENT GRAY v. CITY OF DELRAY BEACH AND RALPH PHILLIPS: Consider an Offer of Settlement in the total amount of $175,000.00 in Gray v. City of Delray Beach and Ralph Phil lips. Staff recommends denial. The City Attorney stated the plaintiff’s attorney has offer ed to settle this case for $175,000.00 and staff recommends denial. Mr. Frankel moved to deny the Offer of Settlement in Vincent G ray v. City of Delray Beach and Ralph Phillips, seconded by Mr. Car ney. Upon roll call the Commission voted as follows: Mr. Jacquet – Yes; Mr. Frankel – Yes ; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes. Said motion passed with a 5 to 0 vote. 9.I. 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 Jacquet (Seat #2). Mr. Jacquet stated he would like to defer his appointment to the nex t regular meeting of April 17, 2012. 9.J. 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). Mrs. Gray moved to appoint Colson Zulmar (Zone 2) to the Neighborhood Advisory Council as a regular member to serve an unexpired term ending July 31, 2014, seconded by Mr. Frankel. Upon roll call the Commission voted as follow s: Mr. Frankel – Yes; Mrs. Gray – Yes; Mayor McDuffie – Yes; Mr. Carney – Y es; Mr. Jacquet – Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE CHARTER REVISION COMMITTEE: Appoint the Chairperson to the Charter Revision Committee. The appoint ment will be made by Mayor McDuffie (Seat #5). Mayor McDuffie stated he would like to appoint Jay Alperin as the Chairperson to the Charter Revision Committee. Mr. Carney so moved, seconded by Mr. Frankel. Upon roll call the Commission voted as follows: Mrs. Gr ay – Yes; Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. Fra nkel – Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 11:02 p.m., the Commission moved to Item 12, First Readings. 42 04/03/12 12. FIRST READINGS: 12.A. ORDINANCE NO. 14-12: Consider a Future Land Use Map amendment (small-scale) from CMR (Commerce) to TRN (Transitional), r ezoning from LI (Light Industrial) to NC (Neighborhood Commercial) and text amendment to t he General Commercial Land Use Description for 10 th & 10 th Center, located at the southeast corner of S.W. 10 th Street and S.W. 10 th Avenue. If passed, a public hearing will be held on April 17, 2012. The caption of Ordinance No. 14-12 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 CMR (COMMERCE) TO TRN (TRANSITIONAL) FOR LAND LOCATED AT THE SOUTHEAST CORNER OF SW 10TH STREET AND SW 10TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN, AND AN ASSOCIATED TEXT AMENDMENT MODIFYING THE DESCRIPTION OF THE TRN (TRANSITIONAL) FUTURE LAND USE DESIGNATION PERTAINING TO SAID LAND; AND REZONING AND PLACING SAID LAND PRESENTLY ZONED LI (LIGHT INDUSTRIAL) TO NC (NEIGHBORHOOD 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. 14-12 is on file in the City Clerk’s office.) The City Attorney read the caption of the ordinance. Ron Hoggard, Principal Planner, stated the property is located a s the southeast corner of S.W. 10 th Street and S.W. 10 th Avenue. The property is currently undeveloped. Mr. Hoggard stated the property is 1 ½ acres and is located within the Wallace Drive industrial area and is subject to the Wallace Drive Redevelopment Plan adopted by the City Commission in 2004. He stated that Plan rec ommended a Future Land Use Map and rezoning for the property to Commerce (CMR ) and from single family R-1-A zoning to Light Industrial (LI) zoning. Mr. Hoggard stated the requested 43 04/03/12 Future Land Use Map amendment from CMR (Commerce) to TRN (Tr ansitional) and rezoning from Light Industrial (LI) to Neighborhood Commercial (N C) is to allow development of a neighborhood commercial center at this location. M r. Hoggard stated the Wallace Drive Plan in 2004 which make additional industrial develop ment impractical; and that there has been an increase in reside ntial development in the immediate area specifically in the Villages of Delray area to the north that has resulted in increased demand for neighborhood retail and services uses. Staff does agree that there has been a change in industrial along with commercial and everythi ng else because of the economic downturn staff does not agree that the current economic conditio ns represent a necessity to change its long-range Future Land Use provisions f or the city. The City only has 374 acres of land within the Industrial Land Use categories of IND (Industrial) and CMR (Commerce) which represents 3.7% of the City’s developable area. Staff also reduced the amount of industrial land uses in 2006 when they created t he MROC District along the Congress Avenue Corridor. Staff’s position is also su pported by the Palm Beach County Light Industrial Land Use Study “Whitepaper” and “L and Use Toolkit” which recommends retention of industrial property in Palm Beac h County. He stated in terms of increase demand from the additional residential developm ent in the area there has been additional development north of 10 th and 445 additional residential multifamily units have been approved and some of the units built within the area nort h of S.W. 10 th Street, this area was zoned for multiple family development p rior to adoption of the Wallace Drive Redevelopment Plan in 2004. In terms of long-range planning, staff does not feel it represents a change in circumstances. Mr. Hoggar d stated the convenience needs of the residents are being met by two convenient stores; the ABC mini mart and another convenient store at the Sherwood Park plaza which is at the V alero Gas Station on S.W. 10 th Street and Congress Avenue. He stated the applicant’s intent i s to put a dollar type store in this area. At one time, Mr. Hoggard stated t hat center had a Dollar General Store but it has since been closed. Mr. Hoggard stated th ere is also major shopping available on Linton Boulevard including Linton Square Plaza, Linton Center, and The Plaza at Delray. He stated downtown Delray Beach is 1.7 miles away with a wide variety of shopping. Staff feels that the changed conditions ar e not sufficient to warrant approval of the proposed modification or the change in zoning and recommends that the reduction is in direct conflict with Future Land Use El ement A-1.3 which states that such reductions should be discouraged. Mr. Hoggard stated since the proposed FLUM Amendment and rezoning are not consistent with the recommendat ions in the adopted Wallace Drive Plan they are also seeking an amendment t o that Plan which would come to the Commission at second reading of this ordinance. At its meeting of March 19, 2012, the Planning and Zoning Board had a public hearing for the amendment and rezoning and the land use redevel opment plan amendment. Staff provided their analysis and the applicant prese nted their justification. Several members of the public spoke (some in favor and some aga inst) and the Board recommended approval with a 7 to 0 vote. Although the Board did recom mend approval, staff still recommends that the City deny the ordinance and ret ain the commerce designation at this location. 44 04/03/12 Mrs. Gray stated this piece of property has been vacant for a very long time and north of that is residential homes from that point to Li nton Boulevard. Mr. Hoggard stated the area to the north is residential but the area to the south is an industrial area; Light Industrial (LI). Mr. Hoggard stated prior to the Wal lace Drive Plan this was zoned single family residential. Mr. Hoggard stated the County had a plan done in 2007 that was their “Whitepaper” and “Land Use Toolkit” and they looked a t the entire County for industrial development and felt that we needed to preserve l ight industrial development in the County as a whole and that the municipalities ne ed to adopt regulations to do that and recommended some amendments to their Comp Pl ans. Mr. Hoggard stated the City has that policy in our plan that states “conversion from the commerce designation will be discouraged.” The City Manager stated this is a classic case of spot zoning. Mr. Carney asked how light industrial is defined and what are the t ypes of industries would be allowed. Mr. Hoggard stated it allows a range of uses such as a research and development, wholesaling, storage and distribution, manu facturing and assembly, office and repair and limited retail if the item is construct ed on the premises. With regard to comments expressed by the City Commission, Mr. Jacquet asked if he is referring to Neighborhood Commercial (NC). M r. Jacquet asked if the NC is owned by one person and everything else is different owners. Mr . Hoggard stated this is correct. The City Manager stated the same owner owns some other parts of that block. Mr. Hoggard stated he has the parcels on the south end but not connecting. Mayor McDuffie stated he does not feel that the little st ore across the street does the job for the residential that is around there. He commented about the redevelopment plan for Carver Estates. Mr. Hoggard stated he has a hard time believing that somebody is going to do major shopping ½ miles away and feel s it is going to be mostly convenient store type items. The City Attorney recommended that the Commission pass this ordina nce on first reading so that the Commission can get to the quasi-judici al hearing on second reading. Mr. Frankel moved to approve Ordinance No. 14-12 on FIRST Reading, seconded by Mr. Carney. Upon roll call the Commission voted as foll ows: Mayor McDuffie – Yes; Mr. Carney – Yes; Mr. Jacquet – Yes; Mr. F rankel – Yes; Mrs. Gray – Yes. Said motion passed with a 5 to 0 vote. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. City Manager The City Manager stated that he distributes a two page summ ary financial report and the narrative section of the Police Department’s rep ort. He stated if staff is 45 04/03/12 giving the Commission too much then they can cut some things off or if there are other departments the Commission would like to see reports from he can f orward those to them. 13.B. City Attorney The City Attorney had no comments or inquiries on non-agenda items. 13.C. City Commission 13.C.1. Mr. Jacquet Mr. Jacquet stated it is an honor and pleasure to serve this gre at city on this Commission. He stated he was impressed from the meeting yesterday and likes the way the Commission works together because he sees they have the same commitment and passion for the city that he feels the people and he have. 13.C.2. Mr. Carney Mr. Carney had no comments or inquiries on non-agenda items. 13.C.3. Mrs. Gray Mrs. Gray wished everyone a Happy Easter and stated she w ill be traveling to California to see her 1 year old granddaughter and aske d everyone to pray for her safe travel. 13.C.4. Mr. Frankel Mr. Frankel wished everyone a Happy Passover. Secondly, Mr. Frankel stated he went to the new restaurant 75 Mai n on Atlantic Avenue. He stated the restaurant is beautiful; however, on the walls there are several photos of naked females on the walls. Mr. Frankel stated h e was informed by Code Enforcement that they have on order a big statue of David. Mr . Frankel stated he believes some people of the public may take offense to this. 13.C.5. Mayor McDuffie Mayor McDuffie thanked everyone for attending the meeting. There being no further business, Mayor McDuffie declared the m eeting adjourned at 11:23 p.m. 46 04/03/12 __________________________________________ City Clerk ATTEST: ____________________________________ M A Y O R 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 Meeti ng held on April 3, 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 wil l become the official Minutes only after review and approval which may involve some amendm ents, additions or deletions as set forth above. Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 ; It e m 9. A . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 ; It e m 9. A . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 ; It e m 9. A . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 ; It e m 9. A . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 It e m 9. B . Ci t y Co m m i s s i o n Me e t i n g on Ap r i l 3, 20 1 2 It e m 9. B . Planning and Zoning Board - Staff Report of March 1 9, 2012 Conditional Use – Gasoline Station aka Valero) Page 7 APPENDIX “B” LANDSCAPE TECHNICAL ITEMS 1) A landscape plan was not submitted. This plan shall b e incorporated into the submittal. The landscape plan shall show all existing vegetation an d incorporate the below required items (see no. 2). The landscape plan should be signed a nd sealed by a Registered Landscape Architect (RLA). 2) A site visit was performed on February 17, 2012 and the following observations were noted: a) The hedge facing Military Trail is in very poor con dition and requires replacement with a new hedge that is a minimum of 2’ in overall height. b) The south perimeter landscape buffer is missing a hedg e and canopy trees. Install a 2’ hedge within this buffer, adjacent to the existing veh icular use area. Canopy trees that are 12’ in height shall be installed at 30’ on center. Use FPL approved species due to the overhead lines. c) The west perimeter landscape buffer, adjacent to the parking lot, requires 12’ tall canopy trees spaced at 30’ on center. d) All landscape islands shall contain at least one (1) 12 ’ canopy tree. There are at least three islands where canopy trees are missing Ci t y Co m m i s s i o n Me e t i n g on Ar i l 3, 20 1 2 ; It e m 9. C . Ci t y Co m m i s s i o n Me e t i n g on Ar i l 3, 20 1 2 ; It e m 9. C . Ci t y Co m m i s s i o n Me e t i n g on Ar i l 3, 20 1 2 ; It e m 9. C . WHEREAS, communication disorders, including impairments of hearing, speech, and language, affect more than 42 million people nationally; and WHEREAS, between 1900 and 2050, the number of people with communication disorders has increased at a faster r ate than the total U.S. population as a direct result of aging; and WHEREAS, 95 percent of communication disorders can be helpe d with medical treatment, advanced technology, or appropri ate intervention services; and WHEREAS, national and local organizations concerned with communication disorders have joined together in a c ommon desire to promote public awareness through communication outreach; an d WHEREAS, such an effort will encourage early detection and i ncrease awareness of communication disorders, as well as pr oper prevention and treatment. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the Cit y Commission do hereby proclaim May, 2012 as: BETTER HEARING MONTH in the City of Delray Beach, Florida, and urge all citizens to learn more about communication disorders and the prevention and trea tment of disorders of hearing, speech, and language. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Flor ida, to be affixed this 1 st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the open exchange of public discourse is essential to the democratic system of government; and WHEREAS, as a cornerstone of democracy Americans have obser ved certain rules of behavior generally known as civili ty; and WHEREAS, civility, derived from the Latin words “civitas” me aning city and “civis” meaning citizen, is behavior worthy of citizens living in a community or in common with others; and WHEREAS, displays of anger, rudeness, ridicule, impatience, and a lack of respect and personal attacks detract from the op en exchange of ideas, prevent fair discussion of the issues, and can discourage i ndividuals from participation in government; and WHEREAS, civility can assist in reaching consensus on diver se issues and allow for mutually respectful ongoing relations hips; and WHEREAS, civility can uplift our daily life and make it mor e pleasant to live in an organized society; and WHEREAS, the City, County and Local Government Law Section o f The Florida Bar urges the adoption of a pledge of c ivility by all citizens in the State of Florida. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the Cit y Commission do hereby proclaim May, 2012 as: CIVILITY MONTH CIVILITY MONTH CIVILITY MONTH CIVILITY MONTH and calls upon all citizens to exercise civility to wards each other. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Flor ida, to be affixed this 1 st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, millions of people throughout the world consider p rayer the most important utterance of mankind; and WHEREAS, prayer comforts us in times of sorrow and gives us strength and hope for the future; and WHEREAS, throughout the history of our state and nation, Am ericans have given thanks to God for the many blessings which Go d has graciously bestowed on our nation and have humbly prayed for guidance, comfort, and protection; and WHEREAS, we continue to give thanks for the men and women o f the military who defend freedom, and we humbly ask God for their protection and pray for peace throughout the world. We ask God to keep His hand upon us and bless the City of Delray Beach, the great State of Florida, and the Un ited States of America; and WHEREAS, the National Day of Prayer is recognized by Congre ss as a day for all Americans to pray and reaffirm the spiritual pr inciples upon which our nation was founded; and WHEREAS, this is the 61 st anniversary of the annual observance of the National Day of Prayer, and this year’s theme is “O ne Nation Under God”, based on Psalm 33:12, “Blessed is the nation whose God is the Lord ”; and WHEREAS, on May 3, 2012, Americans across our nation and st ate will unite in prayer to acknowledge our dependence upon God, g ive thanks for the many blessings our country has received from Him, recogn ize our need for personal and community repentance and renewal, invoke God’s bles sings upon our leaders and ask God to protect and bless our nation. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission do hereby proclaim May 3, 2012 as: NATIONAL DAY OF PRAYER in the City of Delray Beach, Florida, and extend gr eetings and blessings to all observing the National Day of Prayer. 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 1 st day of May, 2012. ____________________________ NELSON S. McDUFFIE MAYOR WHEREAS, the Knights of Pythagoras Mentoring Network has been paying tr ibute to dedicated women who give unconditional love and guidance to children in Delr ay Beach for the past 21 years; and WHEREAS, Delray Beach’s mothers are women of determination and vision. They serve as caregivers and guides, helping to build the foundation for our children’s success and nurturing them as they grow and explore the great promise of our Nation. Through these mothers’ examples, children come to understand the virtue of kindness, t he blessing of compassion, and the importance of principle. A mother’s support en courages children to make right choices, set high goals, and become good citizens. A mother’s love inspires children to achieve their full potential and strengthens the character of ou r country. The commitment and love of mothers reflect the best of America; and WHEREAS, on Mother’s Day, we pay tribute to the extraordinary women whose guidance and unconditional love shape our lives and our future. Motherhood often a llows little time for rest. As President Theodore Roosevelt said of the Americ an mother in 1905, “Upon her time and strength, demands are made not only every hour of the day but often every hour of the night.” President Roosevelt's words ring as true today as they did 100 years a go; and WHEREAS, the hard, perpetual work of motherhood shows us that a single soul can make a difference in a young person’s future. As sources of ho pe, stability, and love, these mothers teach young people to honor the values that sustain a free society. By raising children to be responsible citizens, mothers serve a cause larger than the mselves and strengthen our community; and WHEREAS, Mothers are tireless advocates for children. In our schools, mothers help to ensure that every child reaches his or her full potential. In our community, they set an example by reaching out to those who are lost and offering love to those who h urt. A mother's caring presence helps children to resist peer pressure, focus on making the right choices, and realize their promise and potential; and WHEREAS, in an hour of testing, one person can show the compassion and character of a whole country. In supporting their sons and daughters as they grow and learn, these mothers bring care and hope into others’ lives and make our city a more just, compassionate, and loving place. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, do hereby proclaim May 12, 2012, as: Knights of Pythagoras Mentoring Network’s Ladies of Distinction Day and encourage all residents of this All-America City to expre ss their love, appreciation, and admiration to these mothers for making a difference in the lives of our children, families, and community. I also call upon citizens to observe this day with ap propriate programs, ceremonies, and activities. 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 1 st day of May, 2012. ___________________________ NELSON S. MCDUFFI E MAYOR WHEREAS, safe, clean, and sustainable water resources are e ssential to Florida’s environment, economy, citizens and visito rs; and WHEREAS, Florida’s water supplies are finite, while our pop ulation and our need for water resources continues to incre ase; and WHEREAS, water reuse provides a means for conserving and augmenting Florida’s precious water resources; and WHEREAS, Florida has established the encouragement and prom otion of water reuse as state objectives in Chapters 373 and 403, Florida Statutes; and WHEREAS, Florida’s permitted reuse capacity exceeds 1.5 bil lion gallons per day (over 62 percent of Florida’s total permitted capacity for all domestic wastewater treatment facilities); and WHEREAS, Florida has risen to be the national leader in wat er reuse – reusing 241 billion gallons of reclaimed water in 2 010 to conserve freshwater supplies and replenish our rivers, streams, lakes, and aquifers; and WHEREAS, the City of Delray Beach has joined with the State of Florida, the Florida Department of Environmental Pr otection, and the South Florida Water Management District in encouraging an d promoting water reuse and conservation; and WHEREAS, the City of Delray Beach has implemented a water r euse program and encourages efficient and effective use of reclaimed water. NOW, THEREFORE, I, NELSON S. MCDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion do hereby proclaim the week of May 21 – 26, 2012 as: WATER REUSE WEEK and call upon each citizen and business of Delray B each, Florida to help protect our precious resource by practicing water c onservation and to use reclaimed water in an efficient and effective means . IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delray Beach, Florida, to be affixed the 1 st day of May, 2012. __________________________________ NELSON S. MCDUFFIE MAYOR WHEREAS , according to the U.S. Department of Justice, in o ne year there were an estimated nearly 800,000 children missing; and WHEREAS, on average, an estimated 2,200 children are report ed missing to law-enforcement agencies daily; and WHEREAS, 58,200 of these children are victims of non-family abductions and more than 200,000 are the victims of family abd uctions; and WHEREAS, the National Center for Missing & Exploited Childre n © (NCMEC) exists as a resource to help prevent child abduction and sexual exploitation; help find missing children; and assis t victims of child abduction and sexual exploitation, their families, and profession als who serve them; and WHEREAS, the City of Delray Beach urges the participation o f local government, law enforcement, schools, community-bas ed organizations, and families in the protection and education of all ind ividuals about child abduction and sexual exploitation, appropriate protective mea sures, and ways to respond and seek help from law enforcement, social services, an d the National Center for Missing & Exploited Children; and WHEREAS, this special day is a time to remember those child ren who are missing and give hope to their families. NOW, THEREFORE, I, NELSON S. McDUFFIE, Mayor of the City of Delray Beach, Florida, on behalf of the City Commis sion, do hereby proclaim May 25, 2012 as: NATIONAL MISSING CHILDREN’S DAY NATIONAL MISSING CHILDREN’S DAY NATIONAL MISSING CHILDREN’S DAY NATIONAL MISSING CHILDREN’S DAY in Delray Beach and encourage all individuals to ta ke 25 minutes to help children stay safer. 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 1 st day of May, 2012. ______________________________ NELSON S. McDUFFIE MAYOR MEMORANDUM TO:Mayor and City Commissioners FROM:Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:April 23, 2012 SUBJECT:AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF MAY 1, 2012 RIGHT OF WAY DEED ACCEPTANCE/119 S.W. 4TH AVENUE ITEM BEFORE COMMISSION Acceptance of a Right-of-Way Deed for two feet (2’) of alley right-of-way for the property located at 119 S.W. 4th Avenue. BACKGROUND The owner submitted a building permit application f or internal and external renovations of subject residence. The subject property is an existing sing le family residence located on the east side of S.W . 4th Avenue, south of S.W. 1st Street and abuts a si xteen foot (16') alley. Refer to attached location map. Pursuant to LDR Section 5.3.1(D)(2), the required m inimum width of an alley is twenty feet (20’). The current dedicated alley right-of-way is sixteen fee t (16’). Therefore, a dedication equivalent to one-half the additional right-of-way (i.e. two feet) from the east property line is required. This dedication is described within the attached “Exhibit A” and is consistent with the width that has been prov ided with other redevelopment along S.W. 4th Avenue. RECOMMENDATION By motion, accept two foot (2’) of additional alley right-of-way through the attached Right-of-Way Deed for the property located at 119 S.W. 4th Avenue. MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:April 25, 2012 SUBJECT:AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF MAY 1, 2012 CONSULTING AGREEMENT/ANGELA BAILUS ITEM BEFORE COMMISSION This item is before the Commission to approve an ag reement with Angela Bailus for the review, update and submission of the 2012 Non Ad Valorem Storm Wat er Tax Roll. Total cost of agreement is $19,000.00. BACKGROUND On April 5, 2012, Angela Bailus retired from the Ci ty of Delray Beach. Ms. Bailus had 17 years of experience as the City’s Storm Water Administrator. One aspect of her duti es was to receive, verify, correct and submit the annual Storm Water Non Ad Va lorem Tax Roll to the Property Appraiser and Tax Assessor. The 2012 Tax Roll calendar sets spec ific dates on which the City is required to submit adjusted Storm Water Tax Roll to the Property Appra iser and Tax Collector. The first submittal deadline is in July and the final submittal deadlin e is in September. Ms. Bailus has prepared the Cit y’s Storm Water Tax Roll for the past 17 years and sinc e a replacement will not be hired and trained in ti me to complete this year’s Storm Water Tax Roll, staff is requesting approva l to hire Ms. Bailus on a contractual basis for sole purpose of completing th is year’s Storm Water Tax Roll. The agreement with Ms. Bailus will commence May 1st and end on Septemb er 30th. FUNDING SOURCE 448-5411-538-31.90 RECOMMENDATION Staff recommends approval. CONSULTING AGREEMENT THIS AGREEMENT made and entered into this _____ day of ___________________ by and between the CITY OF DELRAY BEACH, a Florida municipal corporation, hereinafter referred to as the “City” and ANGELA BAILUS, hereinafter referred to as “Consultant”. WITNESSETH: WHEREAS, the parties desire to enter into an agreement to pro vide particular labor and employment services to the City; and, WHEREAS, the Consultant has seventeen (17) years experience providing services required by this agreement; and WHEREAS, the parties desire the Consultant to act as an Independent Contractor; and WHEREAS, the parties understand that the City shall have no right to control the manner, method or details of the work; and WHEREAS, the parties understand that the Consultant, as an Independent Contractor, will control the hours of work necessary to pe rform the services set forth herein without exceeding forty (40) hours in any one work week; and, WHEREAS, the City will provide support for the Consultant only while the Consultant is performing services related to this agreement, and t hat the primary 2 location for the conduct of Consultant’s business will be as determined by the Consultant and will not be located on any premises owned by the City; and, WHEREAS, the Consultant will provide all supplies necessary to provide the services contained herein without reimbursement; and, WHEREAS, the Consultant shall hire his own employees, if the Consultant deems it necessary to perform the services provided for h erein; and, WHEREAS, the Consultant is engaged to perform the specific tasks contained in Exhibit “A” hereto, but shall not undertake the g eneral functions of management associated with the work in the Environmental Services De partment. NOW, THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: 1. Recitals . That recitals set forth above are hereby incorporated, as if fully set forth herein. 2. The Consultant shall perform all services with the highest level of professional skill and competence and shall complete all ser vices in an efficient and timely manner. 3. Duties . Consultant’s duties are as follows: a.) Consultant shall provide services as to the City as set forth in Exhibit “A”.) b) Additional services may be agreed upon, in writing , from time to time. 3 4. Term . This agreement shall commence May 1, 2012 and shall exp ire on September 30, 2012. This agreement may be terminate d by either party by giving thirty (30) days written notice to the other. 5. Compensation. During the term of this agreement, the Consultant shall be paid $19,000 in two installments; one payment afte r delivery to Property Appraiser and a second payment after delivery to the Tax Colle ctor. Both payments will be made within 30 days of the required deliverable and upon Consultant’s submission of an invoice to the City. If the agreement is terminated, the City shall only be responsible to compensate Consultant for fees billed up to the date of termination. 6. Relationship of the Parties. The parties intend that the Consultant, in performing services specified in this agreement, shall act as an Independent Contractor and shall not be deemed an agent, legal representati ve, joint venture, partner, employee or servant of the City of Delray Beach for a ny purpose. Consultant shall have sole control of the work and the manner which it is performed. Consultant shall be free to contract for similar services to be performed for other entities or persons while under contract with the City . Consultant is not entitled to participate in any pension plans or other benefits provided by the City . 7. Compliance with Law. Consultant shall comply with all applicable laws, rules and regulations, including, but not limited to applicable worker’s compensation, employer liability, Fair Labor Standards Act, and oth er federal, state, county and municipal laws, ordinances, rules and regulations, as ma y be applicable. 8. Taxes. Consultant shall be responsible for all federal, state or local tax es of any kind which Consultant now or hereafter shall be liable for or required t o pay 4 either on its own behalf on behalf of her employees o r on behalf of the City of otherwise, and shall pay all penalties and interest the reon. 9. Assignment . This agreement is a personal service contract. An assignment of this agreement by Consultant without the written consent of the City is void. 10. Indemnification . Consultant shall indemnify, defend and save the City, its officers, employees and agents harmless from any and a ll taxes, penalties and interest, that is claimed to be due, and claims, liabili ty, and causes of action arising out of the willful, intentional or negligent performance of the duties covered by this agreement by Consultant or her officers, agents or employees, and Consultant shall pay all claims and losses in connection with the performan ce of this contract, including taxes, interest and penalties including, but not limite d to, all costs, judgments and attorney’s fees at the trial or appellate levels. 11. Insurance . Consultant shall at her own expense, provide forms of insurance and amounts of insurance as may be required by the Risk Manager for the City. 12. Notices . All notices shall be effective when mailed at the f ollowing addresses: Angela Bailus 1628 North K Street Lake Worth, FL 33460 City of Delray Beach David Harden, City Manager 100 N.W. 1 st Avenue Delray Beach, FL 33444 5 13. Governing Law; Venue . This agreement shall be governed by the laws of the State of Florida and venue shall be in Palm B each County, Florida. 14. Non-Discrimination . Consultant shall not discriminate on the basis of age, religion, race, sex, marital status, or handicap i n the performance of this Agreement. 15. Non-Exclusive . The provision of the services provided for herein i s non- exclusive. The City may retain additional entities or persons to perform the same or similar work, if in its sole discretion the City desires to do so. 16. Entire Agreement; Modifications . This agreement constitutes the entire agreement between the parties, and supersedes all prev ious discussions or previous writings between the parties. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding, unless in writing and duly executed by the parties. CITY OF DELRAY BEACH, FLORIDA ATTEST: ____________________________ By: ____________________________ City Clerk Nelson S. McDuffie, Mayor Approved as to Form: ___________________________ City Attorney 6 WITNESSES: ANGELA BAILUS ___________________________ ______________________________ ___________________________ (Type or Print Name) ___________________________ ___________________________ (Type or Print Name) STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me thi s _______ day of April, 2012, by ANGELA BAILUS. She is personally known to me or has produced her Florida Driver’s License as identification. _____________________________________ Signature or Person Taking Acknowledgment _____________________________________ Name Typed, Printed or Stamped EXHIBIT “A” Exhibit A Duties of Consultant The Consultant shall perform technical work related to the City’s Storm Water Assessment Roll. Consultant shall: 1. Review and make corrections to the Palm Beach County Property Appraiser’s Tax Roll as it relates to the City’s Storm Water Assessmen t Data. 2. Provide status updates to City Engineer regarding Storm Water Assessment Data. 3. Provide amended tax roll, within timeframe of th is Agreement, to the City for submittal to Property Appraiser and Tax Collector as pe r timeframes outlined by Palm Beach County. MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Direct or THROUGH:David T. Harden, City Manager DATE:April 16, 2012 SUBJECT:AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF MAY 1, 2012 RESOLUTION NO. 03 -12: TRI PARTY AGREEMENT/FDOT/CSXT ITEM BEFORE COMMISSION This item is before the Commission seeking approval /authorization for the Mayor to sign Resolution Number 03-12 for the attached Construction Agreement with Flo rida Department of Transportation (FDOT) and CSX Transportation, Inc. (CSXT) for reha bilitation of the SW 10th Street crossing. The cost of this agreement is $205,406.00. Project #200 8-047. BACKGROUND At the November 15, 2011 Commission meeting the att ached Tri-Party agreement was approved and executed by the City of Delray Beach. As the agree ment was in the process of being executed by the FDOT and CSXT it was brought to the City’s attention that a Resolution would be required. Si nce funding for this work was removed from the current Capital Improvement Program (CIP), staff asked FDOT if work could be scheduled so that the require d reimbursement payment could be moved to after October 1, 2012. The required funding of $205,406.0 0 will be requested in the FY 2012-2013 CIP. FUNDING SOURCE 334-3162-541.46-90 (funds will be available after O ctober 1, 2012) RECOMMENDATION Staff recommends approval. RESOLUTION NO. 03-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE A TRI-PARTY AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), CS X TRANSPORTATION, INC. AND THE CITY OF DELRAY BEACH T O PROVIDE FOR THE RECONSTRUCTION OF FLORIDA DEPARTMENT OF TRANSPORTATION’S CROSSING NUMBER 628159-H, WHICH CROSSES SW 10 TH STREET; 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 o f Delray Beach are authorized to execute a Tri-Party Agreement attached hereto as Exhibit “A”, on behalf of the City with the State of Florida Department of Transpo rtation and CSX Transportation, Inc., to provide for CSX Transportation, Inc. to rebuild the Departme nt’s crossing number 628159-H, which crosses SW 10 th Street in the City of Delray Beach. The City Mana ger and City Attorney are authorized to make minor revisions to s uch Agreement as are deemed necessary and proper for the best interests of the City. Section 2 . That all resolutions or parts of resolutions in con flict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in full force and e ffect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the ____ day of ______________, 2012. ___________________________________ M A Y O R ATTEST: ________________________ City Clerk MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 20, 2012 SUBJECT: AGENDA ITEM 8.D. -REGULAR COMMISSION MEETING OF MAY 1, 2012 SERVICE AUTHORIZATION 12-01/CALVIN, GIORDANO AND ASSCIATES ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute service authorization #12-01 with Calvin, Giordano & Associates, Inc. for the design of Fire HQ Public Plaza, Project #11-017. The cost of this Service Authorization is $34,977.05. BACKGROUND This project is in coordination with the Community Redevelopment Agency, and is part of the Downtown Master Plan with. Funding for this project is provided by the CRA with design costs in the current year budget and construction costs programmed for FY 2012/2013. The project is located on approximately 0.18 acres of the approximately 1.70 acres of the Fire Rescue Headquarters site. The Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost, project specifications, permitting and bidding/negotiation services. Construction administration services are not included in this proposal. Should the city require construction services, a modification to this agreement will be provided by the consultant for approval. Such services are not anticipated to exceed $7,000. The project entails the design of a public plaza on the northwest corner of the intersection of W Atlantic Avenue and NW 5th Avenue, featuring artistic element(s) suitable for the nature of the site. The project will also refresh the landscaping and hardscaping along the front of the Fire Rescue building. If pavers are utilized, pavers shall include permeable pavers similar to those installed in the plaza on the SW corner of the intersection of 5th Avenue. The project limits are defined as the area between the street sidewalk and face of building or wall from the sidewalk that connects the west building entrance to Atlantic Avenue to the concrete apron at the east emergency vehicle exit driveway on the east side of the building. The City will provide the consultant with three (3) local artist references for solicitation of proposals for project art elements. The two (2) artists not selected for the project will each receive a $500 honorarium which is included in the consultant's proposal. Fees for the artist selected for the project are not included in this proposal and will be considered under a separate agreement between the artist and the City. Calvin Giordano & Associates was chosen to complete this design work because out of the engineering firms approved by Commission on 03 Jan 2012, Calvin Giordano & Associates’ has demonstrated design capabilities that best match those required for this project. FUNDING SOURCE The funding is available from account 334-2311-522.68-71. RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: _March 16, 2012 ___ CONSULTANT: _Calvin, Giordano & Associates, Inc.____________________________________ SERVICE AUTHORIZATION NO. _______#12-01______________ FOR CONSULTING SERVICES CITY P.O. NO. ____11-017______________EXPENSE CODE ________________________________ CITY PROJECT NO. _____________________CONSULTANT PROJECT NO. __12-4858__________ TITLE: _Fire HQ Public Plaza ____________________________________________ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the “Agreement for General Consulting Engineering Services” Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 at the Northwest corner of the intersection of Atlantic Avenue and NW 5th Avenue. The project is located on approximately 0.18 acres of the approximately 1.70 acres of the Fire Rescue Headquarters site. This Scope of Services will be to prepare full construction documents, beginning with conceptual design to the final design documents, statement of probable cost and project specifications . The project will construct a public plaza near the northwest corner of the intersection featuring artistic elements suitable for the nature of the site. The project will also refresh the landscaping and hardscaping along the front of the Fire Rescue building. If pavers are utilized, pavers shall include permeable pavers similar to those installed in the plaza on the SW corner of the intersection of 5th Avenue. The project limits are defined as the area between the street sidewalk and face of building or wall from the sidewalk that connects the west building entrance to Atlantic Avenue to the concrete apron at the east emergency vehicle exit driveway on the east side of the building. The City of Delray Beach is the property owner. II. SCOPE OF SERVICES Phase I – Study and Report Phase Study and Report Phase Services are not included in this Service Authorization Phase II – Preliminary Design Phase Consultant shall provide preliminary design phase services in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Field reconnaissance of the proposed project limits shall be performed. Photograph log walkthrough will be included. In addition, potential underground and aboveground existing utilities will be identified. 2. Coordination with utility agencies shall be performed to collect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Preparation of preliminary design drawings shall include: cover sheet, general notes, plan drawings, landscape plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be prepared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2007, or higher, format. 5. Consultant shall coordinate with utility agencies to secure information regarding the location of their facilities in the project limits. Consultant shall contact Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 6. Consultant shall coordinate with City staff to secure any information that may be available regarding the City’s facilities in the project area including as-builts and service maps. 7. Consultant shall use the data to prepare conceptual designs for the Plaza. The concepts shall be prepared on 11” x 17” plans illustrating the following: • Hardscape locations and materials • Landscape locations and materials • Light fixture locations • Any other aspect required for the City to make a decision on which concept to move forward with After the conceptual design is approved by the City, Consultant will provide the conceptual plan (30% design) to three Public Artists (Artist) selected by the City. The public art process is outlined below under “Other-Public Art”. After an Artist is chosen for this project, the Consultant will work with the artist to prepare plans for the site plan review process. 8. Site Plan Process It is anticipated that the project will require a Class III Site Plan Modification. Consultant shall attend one SPRAB and one additional site plan approval meeting and prepare the following documents: • Eight (8) 24” x 36” copies of the 60% Design Plans (Site Plans, Landscape Plans, Engineering Plans, Composite Overlay Plan and Survey). • One (1) 11” x 17” copy of the Preliminary Plans identified above. • One (1) color rendered site plan. Phase III – Final Design Phase Consultant shall provide final design phase services in accordance with Article III C of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. After Site Plan approval is obtained, Consultant shall prepare construction drawings for the plaza including: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details • Landscape Plans and Details • Landscape Lighting Plans and Details • Irrigation Plans and Details • Site Lighting and Photometric Plans and Details 2. Plans shall be consistent with the current City of Delray Beach Minimum Construction Standards. Plans shall be prepared at 1” = 20’ or larger. Two (2) plan sets will be submitted to the City at the 30%, 60%, 90% and 100% stages of the project. A review meeting will be held with the City to review comments from each of the aforementioned stages. 3. Consultant shall prepare at the 60%, 90% and 100% submittal stages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect changes in general scope, extent or character of the design requirements incorporated during the various design review stages. 4. Consultant shall attend kick-off meeting and three (3) design meetings with the City and provide a written summary of the issues discussed. 5. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90%, and 100% Design Documents (e.g. drawings, specifications, and cost estimates). 6. Consultant shall upon acceptance of the 100% plans provide 100% design drawings, one (1) mylar set and one (1) set of AutoCAD (version 2007 or higher) files in electronic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provided in electronic (*.PDF and *.DOC) format. 7. Contract documents consisting of “front end” documents and technical specifications shall conform to City of Delray Beach Standards and FDOT Standard Specifications for road and bridge work. Specifications (four copies) shall be submitted for City review at 60%, 90% and 100% stages. Phase IV – Bidding/Negotiating Phase Consultant shall provide bidding/negotiation phase services in accordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is anticipated that work shall be awarded under a single construction contract. Consultant shall provide ten (10) sets of bidding documents to the City to issue bid package. The City shall receive and process deposits for bidding documents and shall maintain a record of prospective bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental information or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding contract for construction. Consultant shall submit to City a written recommendation concerning contract award. 5. Consultant shall furnish all bid information to the City in electronic format to be used in conjunction with “Demand Star”. Phase V – Construction Administration Construction Phase Services are not included in this Service Authorization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other – Permitting 1. South Florida Water Management District (SFWMD) issued Environmental Resource Permit 50-02936-S, Application No. 920228-12 July 28, 1992. This permit for the construction of the Fire Rescue Station will have to be modified for the construction of the public plaza. It is anticipated that a Letter of Modification will be sufficient 2. Consultant shall provide three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City for submittal to the City of Delray Beach Building Department, and three (3) signed and sealed sets of 100% (Final) Construction Drawings to the City Planning and Zoning Department for site plan certification. The City shall prepare and submit all applications. Consultant shall respond to inquiries issued by the City of Delray Beach Building Department and revise the drawings accordingly for the issuance of a building permit. Other – Surveying Consultant shall secure Topographic Survey of the proposed site, locating all above-ground improvements. The Topographic Survey will be provided electronically for engineering design purposes. Consultant shall also secure a Boundary Survey of the project site for use in SPRAB process for a Class III Site Plan. Boundary Surveys shall be prepared on 24” x 36” and 11”x 17” sheets in accordance with the Minimum Technical Standards as set forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17 of the F.A.C. pursuant to Section 472.027 of the Florida Statutes. Consultant shall furnish the services of a professional surveyor to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset distance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict existing ground profile at proposed project area. All topographical surveys shall have stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the following: a. Location of all visible fixed improvements within the right-of-way (including 10-feet back on each side of the right-of-way) of the project limits, including physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, power poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vacant. b. Location of all known above and below ground existing utilities: FP&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewers (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach. c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of-way lines. 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. e. The survey shall include topography of the complete intersection, 50 feet beyond radius returns, at the terminal end of each street and alley. f. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (Version 2009) Other – Geotechnical Geotechnical Services are not included in this Service Authorization. Other – Field Verification N/A Other – Public Art ARTIST SELECTION PROCESS 1. The Consultant will be provided with the names of three local Public Artists. The Consultant will provide each Public Artist with the conceptual plan (30%) and each Public Artist will be asked to provide a submittal for incorporating public art into the conceptual design. The Public Artist’s submissions will be reviewed by the West Atlantic Redevelopment Coalition (WARC). WARC’s comments will be forwarded to the City’s Public Art Advisory Board (PAAB). It is the City’s desire to have the theme related to the firefighting profession. The art should be integrated into the overall plaza design. It is the City’s intent to have the public art component as an integral part of the overall design. 2. The Public Artist’s preliminary design proposals should include an explanation of the work and be accompanied by full color artist’s renderings approximately to scale for two dimensional work. The proposal shall state the materials, dimensions, weight, finish of the work, suggest the locations of the work, engineering, mounting (if applicable), lighting (if applicable) and maintenance needs and set out an expected budget. 3. An honorarium of $500.00 will be given to the two Public Artists not chosen to continue with the Consultant. The chosen Public Artist is expected to work with the Consultant throughout the entire project and be available for all review meetings and two public meetings. The submittal shall include: • Maquette (if sculpture) • Sketch (if not sculpture) • Design philosophy one page in length • Maximum value of the art piece, in dollars III. TIME OF PERFORMANCE • Phase I shall be complete within 14 days of Notice to Proceed. • Phase II shall be complete within 45 days of Notice to Proceed. • Phase III shall be complete within 150 days after approval of design alternative and artist selection exclusive of City review time. Permitting shall proceed during this phase. • Phase IV shall be complete within 45 days from directive from City to provide Bid Documents. • Phase V shall be complete in 90 days from the Contractor’s Notice to Proceed. IV. COMPENSATION Engineering Services Estimated Fees Phase I – Study and Report Phase N/A Phase II – Preliminary Design Phase $12,472.80 Phase III – Final Design Phase $13,297.40 Phase IV – Bidding/Negotiating Phase $ 1,616.97 Phase V – Construction Administration N/A Other – Permitting $ 3,345.80 Other – Surveying $ 2,744.08 Other – Geotechnical N/A Other – Field Verification N/A Other – Architect $ 1,000.00 Out-of-Pocket Expenses $ 500.00 Total Project Cost $34,977.05 Notes: Out-of-Pocket Expenses include the following: printing/reproduction/postage. This service authorization is approved contingent upon the City’s acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date _____________________ Date ___________________ _________________________ By: ____________________ Mayor (Seal) ________________________ Witness (Signature) ________________________ Witness (Printed) Attest: ______________________ Approved as to Legal Sufficiency ____________________________ City Attorney 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 _____________________, 201 ____. _________________________________________ Notary Public State of Florida My Commission Expires: included in this proposal and will be considered un der a separate agreement between the artist and the City. Calvin Giordano & Associates was chosen to complete this design work because out of the engineering firms approved by Commission on 03 Jan 2012, Calvin Giordano & Associates’ has demonstrated design capabilities that best match those required for this project. FUNDING SOURCE The funding is available from account 334-2311-522.68-71. RECOMMENDATION Staff recommends approval. CONSULTING SERVICE AUTHORIZATION DATE: _March 16, 2012 ___ CONSULTANT: _Calvin, Giordano & Associates, Inc.____________________________________ SERVICE AUTHORIZATION NO. _______#12-01 ______________ FOR CONSULTING SERVICES CITY P.O. NO. ____11-017 ______________EXPENSE CODE ________________________________ CITY PROJECT NO. _____________________CONSULTANT PROJECT NO. __12-4858 __________ TITLE: _Fire HQ Public Plaza ____________________________________________ This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the “Agreement for General Consulting Engineering Servi ces” Contract, dated February 22, 2012. I. PROJECT DESCRIPTION The project is located in Delray Beach, Florida east of Interstate 95 at the Northwest corner of the intersection of Atlantic Avenue and NW 5 th Avenue. The project is located on approximately 0.18 acres of the approximately 1.70 acres of the Fire Rescue Headquarter s site. This Scope of Services will be to prepare full construction documents, beginning with conceptual desi gn to the final design documents, statement of probable cost and project specifications . T he project will construct a public plaza near the northwest corner of the intersection featuring artistic ele ments suitable for the nature of the site. The project will also refresh the landscaping and hardscaping along the front of the Fire Rescue building. If pavers are utilized, pavers shall include permeable pavers s imilar to those installed in the plaza on the SW corner of the intersection of 5th Avenue. The project limits ar e defined as the area between the street sidewalk and face of building or wall from the sidewalk that connects the west building entrance to Atlantic Avenue to the concrete apron at the east emergency vehicle exit driveway on the east side of the building. The City of Delray Beach is the property owner. II. SCOPE OF SERVICES Phase I – Study and Report Phase Study and Report Phase Services are not included in this Service Authori zation Phase II – Preliminary Design Phase Consultant shall provide preliminary design phase s ervices in accordance with Article III B of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Field reconnaissance of the proposed project limits shall b e performed. Photograph log walk- through will be included. In addition, potential underground and aboveg round existing utilities will be identified. 2. Coordination with utility agencies shall be performed to coll ect record information. This subtask includes reconciling apparent discrepancies between record information and existing photographic and field-verification information. 3. Preparation of preliminary design drawings shall include: cover sheet, general notes, plan drawings, landscape plans and miscellaneous City detail sheets. A table of contents for the specifications will be provided (specifications will not be pr epared at this stage). 4. Consultant shall prepare base drawings of the project area using existing drawings that the City has provided to Consultant. The drawings will be in AutoCAD 2007, or hig her, format. 5. Consultant shall coordinate with utility agencies to secure inf ormation regarding the location of their facilities in the project limits. Consultant shall cont act Sunshine State One Call to get the contact info for the utility companies and send two sets of Utility Contact Plans after the Topographic Survey has been secured. 6. Consultant shall coordinate with City staff to secure any inf ormation that may be available regarding the City’s facilities in the project area including as-builts and service maps. 7. Consultant shall use the data to prepare conceptual designs for the Plaza. The c oncepts shall be prepared on 11” x 17” plans illustrating the following: • Hardscape locations and materials • Landscape locations and materials • Light fixture locations • Any other aspect required for the City to make a decision on which concept to move forward with After the conceptual design is approved by the City, Consultant will provide the conceptual plan (30% design) to three Public Artists (Artist) select ed by the City. The public art process is outlined below under “Other- Public Art”. After an Artist is chosen for this project, the Consultant will work with the artist to prepare plans for the sit e plan review process. 8. Site Plan Process It is anticipated that the project will require a Cla ss III Site Plan Modification. Consultant shall attend one SPRAB and one additional site plan approval mee ting and prepare the following documents: • Eight (8) 24” x 36” copies of the 60% Design Plans (Site Plans , Landscape Plans, Engineering Plans, Composite Overlay Plan and Survey). • One (1) 11” x 17” copy of the Preliminary Plans identified above. • One (1) color rendered site plan. Phase III – Final Design Phase Consultant shall provide final design phase services in accord ance with Article III C of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. After Site Plan approval is obtained, Consultant shall prep are construction drawings for the plaza including: • Cover Sheet • Topographic Survey • Paving, Grading and Drainage Plans and Details • Landscape Plans and Details • Landscape Lighting Plans and Details • Irrigation Plans and Details • Site Lighting and Photometric Plans and Details 2. Plans shall be consistent with the current City of Delray B each Minimum Construction Standards. Plans shall be prepared at 1” = 20’ or larger. T wo (2) plan sets will be submitted to the City at the 30%, 60%, 90% and 100% stages of the projec t. A review meeting will be held with the City to review comments from each of the aforementioned stage s. 3. Consultant shall prepare at the 60%, 90% and 100% submittal st ages a detailed opinion of probable construction cost based upon the design level of the drawings and specifications approved by the City. The cost opinion shall reflect cha nges in general scope, extent or character of the design requirements incorporated during the various de sign review stages. 4. Consultant shall attend kick-off meeting and three (3) design me etings with the City and provide a written summary of the issues discussed. 5. Consultant shall provide internal QA/QC reviews on the 30%, 60%, 90%, and 100% Design Documents (e.g. drawings, specifications, and cost estimates). 6. Consultant shall upon acceptance of the 100% plans provide 100% design dr awings, one (1) mylar set and one (1) set of AutoCAD (version 2007 or higher) files in electr onic format (*.DWG and *.PDF) on CD. Specifications and Front-end documents shall be provide d in electronic (*.PDF and *.DOC) format. 7. Contract documents consisting of “front end” documents and technical specif ications shall conform to City of Delray Beach Standards and FDOT Standard Specificatio ns for road and bridge work. Specifications (four copies) shall be submitted for C ity review at 60%, 90% and 100% stages. Phase IV – Bidding/Negotiating Phase Consultant shall provide bidding/negotiation phase services in a ccordance with Article III D of the Agreement for Engineering Services with the City, dated February 22, 2012. 1. Consultant shall assist City in advertising for and obtaining bids or negotiating proposals for construction (including materials, equipment and labor). It is ant icipated that work shall be awarded under a single construction contract. Consultant shall p rovide ten (10) sets of bidding documents to the City to issue bid package. The City s hall receive and process deposits for bidding documents and shall maintain a record of prospec tive bidders to whom bidding documents have been issued. 2. Consultant shall conduct a mandatory pre-bid conference and provide a written summary of issues discussed. 3. Consultant shall issue addenda and shall provide supplemental info rmation or clarifications, as appropriate, to interpret, clarify, or expand the bidding documents to all prospective bidders during the bid period. 4. Consultant shall attend the bid opening, prepare bid tabulation sheets and assist city in evaluating bids and proposals, and in assembling and awarding cont ract for construction. Consultant shall submit to City a written recommendation concerning cont ract award. 5. Consultant shall furnish all bid information to the City in ele ctronic format to be used in conjunction with “Demand Star”. Phase V – Construction Administration Construction Phase Services are not included in this Service Auth orization and shall be negotiated under an Amendment to this Authorization if requested by the City. Other – Permitting 1. South Florida Water Management District (SFWMD) issued Env ironmental Resource Permit 50-02936-S, Application No. 920228-12 July 28, 1992. This permit for the construc tion of the Fire Rescue Station will have to be modified for the const ruction of the public plaza. It is anticipated that a Letter of Modification will be sufficient 2. Consultant shall provide three (3) signed and sealed sets of 100 % (Final) Construction Drawings to the City for submittal to the City of Delra y Beach Building Department, and three (3) signed and sealed sets of 100% (Final) Construction Dra wings to the City Planning and Zoning Department for site plan certification. The City shall prepare and submit all applications. Consultant shall respond to inquiries issued by the City of Delray Beach Building Department and revise the drawings accordingly for the issuance of a building permit. Other – Surveying Consultant shall secure Topographic Survey of the proposed sit e, locating all above-ground improvements. The Topographic Survey will be provided ele ctronically for engineering design purposes. Consultant shall also secure a Boundary Survey of the p roject site for use in SPRAB process for a Class III Site Plan. Boundary Surveys shall b e prepared on 24” x 36” and 11”x 17” sheets in accordance with the Minimum Technical Standards as s et forth by the Florida Board of Professional Surveyors and Mappers in Chapter 5J-17 of the F.A.C. pursuant to Section 472.027 of the Florida Statutes. Consultant shall furnish the services of a professional survey or to provide survey services consisting of field topography and horizontal locations referenced by baseline stationing. All existing facilities and utilities within the full right-of-way of the established construction limits will be referenced by baseline station with an offset dist ance (left or right) from baseline for the project and will include the following: 1. Topography survey at major ground elevation changes to depict ex isting ground profile at proposed project area. All topographical surveys shall ha ve stationing established from south to north and west to east where applicable. This shall be accomplished by creating a baseline in the field to collect pertinent data which shall include the follow ing: a. Location of all visible fixed improvements within the right-of-way (including 10- feet back on each side of the right-of-way) of the project limits, inc luding physical objects, roadway pavement, driveways, sidewalks, curb, trees, signs, fences, p ower poles, buildings, and other encumbrances, including point of curvature and point of tangency. This also includes the front two comers of the building on each lot or indication if the lot is vaca nt. b. Location of all known above and below ground existing utilities: F P&L, AT&T, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP, valves, f ire hydrants, and meters), Force Mains (pipe diameter, TOP, and valves), Sanitary Sewer (pipe diameter, manhole inverts and direction, rim elevations, laterals, and clean-outs), Storm Sewer s (pipe diameter, manhole inverts and direction, catch basins, and rim/grate elevations), and all other accessible structures. This will include coordination with Sunshine 811 and City of Delray Beach . c. Identify platted rights-of-way (including bearing and distances for centerline), lot numbers, house address, ownership lines, block numbers and dedicated easements. d. Elevations shall be indicated every 20 feet, at a minimum, to indicate centerline grades, edge of pavement grades and shoulder grades, low points and all right-of- way lines. Intermediate grades shall be indicated at all grade breaks, driveway s and sidewalks. Two grades (one at the right-of-way line and one 15 feet back) shall be indicat ed on the driveways to indicate direction of grade. e. The survey shall include topography of the complete intersec tion, 50 feet beyond radius returns, at the terminal end of each street and alley. f. Provide and reference benchmarks at maximum 600-foot intervals. Elevations to be referenced to an existing established City or County Benchmark. g. Provide one permanent bench mark tied to State Plane Coordinates. 2. The above topographical survey data will be prepared in AutoCAD (V ersion 2009) Other – Geotechnica l Geotechnical Services are not included in this Service Authorization. Other – Field Verification N/A Other – Public Art ARTIST SELECTION PROCESS 1. The Consultant will be provided with the names of three local Public Artists. The Consultant will provide each Public Artist with the conceptual plan (3 0%) and each Public Artist will be asked to provide a submittal for incorporating public art into the conceptual design. The Public Artist’s submissions will be reviewed by the We st Atlantic Redevelopment Coalition (WARC). WARC’s comments will be forwarded to the City’s Public Art Advisory Board (PAAB). It is the City’s desire to have the theme related to the fi refighting profession. The art should be integrated into the overall plaza design. It is the City’s intent to have the public art component as an integral part of the overall design. 2. The Public Artist’s preliminary design proposals should inc lude an explanation of the work and be accompanied by full color artist’s renderings approximatel y to scale for two dimensional work. The proposal shall state the materials, dim ensions, weight, finish of the work, suggest the locations of the work, engineering, mounting (if appl icable), lighting (if applicable) and maintenance needs and set out an expected budget. 3. An honorarium of $500.00 will be given to the two Public Artists not chosen to continue w ith the Consultant. The chosen Public Artist is expected to work with t he Consultant throughout the entire project and be available for all review meetings and t wo public meetings. The submittal shall include: • Maquette (if sculpture) • Sketch (if not sculpture) • Design philosophy one page in length • Maximum value of the art piece, in dollars III. TIME OF PERFORMANCE • Phase I shall be complete within 14 days of Notice to Proceed. • Phase II shall be complete within 45 days of Notice to Proceed. • Phase III shall be complete within 150 days after approval of de sign alternative and artist selection exclusive of City review time. Permitting shall proceed during this phase. • Phase IV shall be complete within 45 days from directive f rom City to provide Bid Documents. • Phase V shall be complete in 90 days from the Contractor’s Notice to Proc eed. IV. COMPENSATION Engineering Services Estimated Fees Phase I – Study and Report Phase N/A Phase II – Preliminary Design Phase $12,472.80 Phase III – Final Design Phase $13,297.40 Phase IV – Bidding/Negotiating Phase $ 1,616.97 Phase V – Construction Administration N/A Other – Permitting $ 3,345.80 Other – Surveying $ 2,744.08 Other – Geotechnical N/A Other – Field Verification N/A Other – Architect $ 1,000.00 Out-of-Pocket Expenses $ 500.00 Total Project Cost $34,977.05 Notes: Out-of-Pocket Expenses include the following: printing/reproduction /postage. This service authorization is approved contingent upon the City’s acce ptance 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 discret ion 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 par t of the contract without any further notice to proceed. Approved by: CITY OF DELRAY BEACH: CONSULTANT: Date _____________________ Date ___________________ _________________________ By: ____________________ Mayor (Seal) ________________________ Witness (Signature) ________________________ Witness (Printed) Attest: ______________________ Approved as to Legal Sufficiency ____________________________ City Attorney 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 _____________________, 201 ____. _________________________________________ Notary Public State of Florida My Commission Expires: DATE Certificate of Authorization No. 514 4/18/2012 Project Title CGA PROJECT NO. City of Delray Beach Fire HQ Public Plaza CSA Number CSA 1 Work Activity Employee Classification Hours Hourly Rate Total Phase I ‐Study and Report Phase ‐Not Inclucded in This Project Project Manager (IV) 0 $ 137.23 $ ‐Project Engineer (III) 0 $ 119.38 $ ‐Senior CADD Tech Manager 0 $ 98.10 $ ‐Clerical 0 $ 69.47 $ ‐Task Subtotal 0 $ ‐Phase II ‐Preliminary Design Phase Project Manager (IV) 6 $ 137.23 $ 823.38 Project Engineer (III) 16 $ 119.38 $ 1,910.08 Senior CADD Tech Manager 24 $ 98.10 $ 2,354.40 Sr. Landscape Architect 10 $ 141.83 $ 1,418.30 Landscape Architect 34 $ 109.70 $ 3,729.80 Landscape CADD Technician 30 $ 69.93 $ 2,097.90 Clerical 2 $ 69.47 $ 138.94 Task Subtotal 122 $ 12,472.80 Phase III ‐Final Design Phase Project Manager (IV) 8 $ 137.23 $ 1,097.84 Project Engineer (III) 12 $ 119.38 $ 1,432.56 Senior CADD Tech Manager 18 $ 98.10 $ 1,765.80 Sr. Landscape Architect 10 $ 141.83 $ 1,418.30 Landscape Architect 50 $ 109.70 $ 5,485.00 Landscape CADD Technician 30 $ 69.93 $ 2,097.90 Task Subtotal 128 $ 13,297.40 Phase IV ‐Bidding/Negotiating Phase Project Manager (IV) 3.5 $ 137.23 $ 480.31 Project Engineer (III) 1 $ 119.38 $ 119.38 Senior CADD Tech Manager 1 $ 98.10 $ 98.10 Sr. Landscape Architect 3.5 $ 141.83 $ 496.41 Landscape Architect 1 $ 109.70 $ 109.70 Landscape CADD Technician 1 $ 69.93 $ 69.93 Clerical 3.5 $ 69.47 $ 243.15 Task Subtotal 14.5 $ 1,616.97 Phase V ‐Construction Administration ‐Not Included in This Project Project Manager (IV) 0 $ 137.23 $ ‐Project Engineer (III) 0 $ 119.38 $ ‐Sr. Landscape Architect 0 $ 141.83 $ ‐Landscape Architect 0 $ 109.70 $ ‐Clerical 0 $ 69.47 $ ‐Task Subtotal 0 $ ‐Other ‐Permitting Project Manager (IV) 2 $ 137.23 $ 274.46 Project Engineer (III) 16 $ 119.38 $ 1,910.08 Sr. Landscape Architect 2 $ 141.83 $ 283.66 Landscape Architect 8 $ 109.70 $ 877.60 Task Subtotal 28 $ 3,345.80 Other ‐Surveying Senior Registered Surveyor 1 $ 149.25 $ 149.25 Survey Coordinator 2 $ 78.58 $ 157.16 CADD Technician 8 $ 74.52 $ 596.16 Survey Crew (3 party) 11 $ 167.41 $ 1,841.51 Task Subtotal 22 $ 2,744.08 Other ‐Artist Artist Honorarium 2 $ 500.00 $ 1,000.00 Task Subtotal 2 $ 1,000.00 Other ‐Out of Pocket Expenses Printing/Reproduction/Postage Task Subtotal $ 500.00 CSA Labor Total $ 33,477.05 CSA Subconsultant Total $ 1,000.00 CSA Out of Pocket Total $ 500.00 CSA Total $ 34,977.05 12‐4858 ATTACHMENT A ‐CONSULTANT SERVICES AUTHORIZATION BUDGET SUMMARY Fire HQ Public Plaza N NW 5th Av 4/23/2012 Delray Beach GIS Site Fi r e H Q P u b l i c P l a z a N NW 5th Av 4/ 2 3 / 2 0 1 2 D e l r a y B e a c h G I S Si t e 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: April 20, 2012 SUBJECT: AGENDA ITEM 8.E. -REGULAR COMMISSION MEETING OF MAY 1, 2012 SERVICE AUTHORIZATION 12-01/KIMLEY-HORN & ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute service authorization #12-01 with Kimley-Horn and Associates, Inc. for conceptual design of the NE 3rd Avenue Street Scape, Project #2011-024. The cost of this Service Authorization is $55,594.60. BACKGROUND The City and CRA have redeveloped a significant part of Pineapple Grove (PG) and wish to extend the street enhancements to the following streets: • NE 3rd Avenue from NE 3rd Street to NE 4th Street • The Alley East of NE 3rd Avenue, from NE 3rd Street to NE 4th Street • NE 3rd Street from the North/South Alley east of NE 2nd Ave to the railroad tracks • Extension of sidewalks along as many of the corridors as possible The goal of this project, funded by the CRA, is to provide streetscape enhancements and pedestrian friendly facilities to connect the two City/CRA owned parking lots on NE 3rd Avenue with other locations to the south such as the Artist Garage. The study and concept plan will require evaluation of existing back-out parking on NE 3rd Avenue. Proposed improvements will carry the Pineapple Grove theme from the master plan. The alley may be used in the future to host artists’ displays or be closed off for street fair events. The scope of the service authorization includes a corridor inventory and analysis, development of a project vision, conceptual plan, implementation plan, and a final master plan. Kimley-Horn & Associates was chosen to complete this conceptual design work because out of the engineering firms approved by Commission on 03 Jan 2012, Kimley-Horn & Associates has demonstrated capabilities that match those required for this project. FUNDING SOURCE The funding is available from account 334-3162-541.68-72. RECOMMENDATION Staff recommends approval. engineering firms approved by Commission on 03 Jan 2012, Kimley-Horn & Associates has demonstrated capabilities that match those required for this project. FUNDING SOURCE The funding is available from account 334-3162-541.68-72. RECOMMENDATION Staff recommends approval. SENIOR PRINCIPLE SENIOR PROFESSIONAL (ENGINEER) SENIOR PROFESSIONAL (LANDSCAPE ARCHITECT) PROFESSIONAL TECHNICIAN SUPPORT STAFF TOTAL HOURS $225.00 $167.00 $167.00 $125.00 $85.00 $65.00 PHASE I Task 1 -Corridor Inventory & Analysis Collect & review, exist plans, studies, ROW, utilities, aerials, etc 4.0 8.0 2.0 14.0 Field Review -identify existing features, parking, photos, etc 6.0 6.0 12.0 Interview businesss owners & observe parking usage 1.0 4.0 5.0 Prepare preliminary base map with aerial background, photos 4.0 16.0 20.0 Data Analysis to id constraints, access, parking, ROW, etc & coord with City 2.0 8.0 8.0 4.0 22.0 $450.00 $3,173.00 $2,338.00 $2,500.00 $1,530.00 $0.00 $9,991.00 Task 2 -Project Kick-off Prepare for meeting, exhibits and agenda 2.0 2.0 4.0 6.0 1.0 15.0 Meeting attendance, follow up and preparation of minutes 4.0 0.0 4.0 8.0 0.0 $900.00 $334.00 $1,002.00 $500.00 $510.00 $65.00 $3,311.00 Task 3 -Project Vision Complete Analysis, typical section alternatives 4.0 4.0 8.0 $16.00 Presentation preparation incl PowerPoint 4.0 12.0 12.0 8.0 $36.00 Meeting with City to coordinate presesntation 2.0 3.0 3.0 $8.00 Final Exhibits -aerial board, corridor images board, images from other streets, PG board, 2.0 4.0 8.0 $14.00 Existing & proposed typical section exhibits 3rd Ave, 3rd St, Alley 2.0 2.0 4.0 6.0 $14.00 Attend workshop and prepare minutes 2.0 4.0 4.0 $10.00 0.0 PHASE II $900.00 $3,173.00 $4,843.00 $3,000.00 $1,870.00 $0.00 $13,786.00 Task 4 -Concept Plan Revise typical sections -2 for 3rd Av, 2 for Alley, 1 for 3rd St. 2.0 2.0 8.0 1.0 13.0 Colored rendering of 3rd Ave, 3rd St and Artist Alley 2.0 6.0 38.0 46.0 Presentation preparation incl PowerPoint 4.0 12.0 4.0 20.0 Revise renderings based on decisions from meeting 1.0 6.0 7.0 prepare illustrative story book of findings & renderings 1.0 4.0 16.0 21.0 Revise graphics for 2nd public meeting 2.0 8.0 10.0 Meeting attendance & prepare memo summarizing meeting results 2.0 4.0 6.0 12.0 $450.00 $2,171.00 $5,511.00 $0.00 $6,800.00 $65.00 $14,997.00 Task 5 -Implementation Plan & Project Review Client meeting for implementation plan 1.0 2.0 2.0 5.0 Revise concept plan to show implementation strategy 2.0 6.0 6.0 14.0 Prepare memo for phasing and construction costs 4.0 4.0 1.0 9.0 $225.00 $1,336.00 $2,004.00 $0.00 $510.00 $65.00 $4,140.00 Task 6 -Presentation /Final Master Plan CRA Board presentation preparation 4.0 6.0 4.0 14.0 Meeting attendance & minutes (CRA, Commission, PG Board) 6.0 6.0 12.0 Revise and finalize concept plan & report including estimates 6.0 12.0 4.0 8.0 30.0 $1,350.00 $1,670.00 $4,008.00 $500.00 $1,020.00 $0.00 $8,548.00 Total Labor Fee $54,773.00 Phase I Subtotal $27,088.00 Phase II Subtotal $27,685.00 Labor Fee $54,773.00 Expense Allowance $821.60 #N/A PHASE I -TOTAL LUMP SUM FEE $55,594.60 City of Delray Beach NE 3rd Avenue Improvements PROPOSED STAFF HOURS AND FEE TASK No of Weeks PHASE I Task 1 -Corridor Inventory & Analysis 4 Collect & review, exist plans, studies, ROW, utilities, aerials, etc Field Review -identify existing features, parking, photos, etc Interview businesss owners & observe parking usage Prepare preliminary base map with aerial background, photos Data Analysis to id constraints, access, parking, ROW, etc & coord with City Task 2 -Project Kick-off 2 Prepare for meeting, exhibits and agenda Meeting attendance, follow up and preparation of minutes Task 3 -Project Vision 4 Complete Analysis, typical section alternatives Presentation preparation incl PowerPoint Meeting with City to coordinate presesntation Final Exhibits -aerial board, corridor images board, images from other streets, PG board, Existing & proposed typical section exhibits 3rd Ave, 3rd St, Alley Attend workshop and prepare minutes Task 4 -Concept Plan 6 Revise typical sections -2 for 3rd Av, 2 for Alley, 1 for 3rd St. Colored rendering of 3rd Ave, 3rd St and Artist Alley Presentation preparation incl PowerPoint Revise renderings based on decisions from meeting prepare illustrative story book of findings & renderings Revise graphics for 2nd public meeting Meeting attendance & prepare memo summarizing meeting results Task 5 -Implementation Plan & Project Review 4 Client meeting for implementation plan Revise concept plan to show implementation strategy Prepare memo for phasing and construction costs Task 6 -Presentation /Final Master Plan 2 CRA Board presentation preparation Meeting attendance & minutes (CRA, Commission, PG Board) Revise and finalize concept plan & report including estimates Total Weeks 22 City of Delray Beach NE 3rd Avenue Improvements PROPOSED SCHEDULE TASK NE 3rd St Street Scape N NE 4th St 4/23/2012 Delray Beach GIS NE 3rd St Site NE 3rd St MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: David Harden, City Manager DATE: April 20, 2012 SUBJECT: AGENDA ITEM 8.F. -REGULAR COMMISSION MEETING OF MAY 1, 2012 REQUEST TO ATTEND THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) CONFERENCE ITEM BEFORE COMMISSION Commission approval to attend an annual conference conducted by the City's major property/liability/workers' compensation insurer, Florida Municipal Insurance Trust (FMIT). BACKGROUND The annual Florida Municipal Insurance Trust (FMIT) Conference will be held in Palm Coast, Florida, on May 21-23, 2012. The purpose of the conference is to educate and network with FMIT underwriting managers, claims managers, corporate staff and other municipalities. All costs to attend the conference, for the exception of car mileage and tolls, will be paid by FMIT. According to Palm Beach County Code of Ethics Section 2.443(f), “Accepting Travel Expenses”, employees are not permitted to accept directly or indirectly, any travel expenses, including but not limited to, transportation, lodging, meals, registration fees and incidentals; unless waived by a majority vote of the Commission. Because attendance at the conference will be in the official capacity as Risk Manager for educational and governmental purposes, reimbursement in the excess of $100.00 is not considered a gift. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: Frank Babin, Risk Manager THROUGH: David Harden, City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 8.G. -REGULAR COMMISSION MEETING OF MAY 1, 2012 AGREEMENT/O'BRIEN'S RESPONSE MANAGEMENT, INC. ITEM BEFORE COMMISSION This item requests approval of an agreement with O’Brien Response Management, Inc. to provide posthurricane services for debris management and FEMA claims administration. BACKGROUND O’Brien Response Management provides regulatory compliance, emergency preparedness, response management disaster recovery and crisis management services. They will provide both the administration of debris management and FEMA claims. The City of Oakland Park has agreed to allow us to piggy-back on their contract, which was awarded based on responses to the city's RFP, with O’Brien Response Management for Disaster Management and Financial Recovery Assistance Services (#R2011-085) for three (3) years; and Disaster Debris Monitoring Services (#R2011-068) for three (3) years, with the option to renew for two (2) additional one year periods if mutually agreed upon. Under these contracts, any costs incurred are post disaster and at contractually determined rates. Costs specific to FEMA projects are included with FEMA reimbursement requests. RECOMMENDATION Staff recommends approval. MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: April 25, 2012 SUBJECT: AGENDA ITEM 8.H. -REGULAR COMMISSION MEETING OF MAY 1, 2012 FIRST AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY: CRA/421 S.W. 5TH AVENUE ITEM BEFORE COMMISSION Approval of the First Amendment to the Agreement for Purchase and Sale of Real Property for the property located at 421 S.W. 5th Avenue, Delray Beach, Florida. BACKGROUND This amendment provides for a time to review title on the property and object to any exception to title as shown on the title commitment. RECOMMENDATION Staff recommends approval of the First Amendment to the Agreement for Purchase and Sale of Real Property between the Community Redevelopment Agency and the City of Delray Beach for property located at 421 S.W. 5th Avenue in Delray Beach, Florida. No of Weeks PHASE I Task 1 - Corridor Inventory & Analysis 4 Collect & review, exist plans, studies, ROW, utilities, aerials, etc Field Review - identify existing features, parking, photos, etc Interview businesss owners & observe parking usage Prepare preliminary base map with aerial background, photos Data Analysis to id constraints, access, parking, ROW, etc & coord with City Task 2 - Project Kick-off 2 Prepare for meeting, exhibits and agenda Meeting attendance, follow up and preparation of minutes Task 3 - Project Vision 4 Complete Analysis, typical section alternatives Presentation preparation incl PowerPoint Meeting with City to coordinate presesntation Final Exhibits -aerial board, corridor images board, images from other streets, PG board, Existing & proposed typical section exhibits 3rd Ave, 3rd St, Alley Attend workshop and prepare minutes Task 4 - Concept Plan 6 Revise typical sections -2 for 3rd Av, 2 for Alley, 1 for 3rd St. Colored rendering of 3rd Ave, 3rd St and Artist Alley Presentation preparation incl PowerPoint Revise renderings based on decisions from meeting prepare illustrative story book of findings & renderings Revise graphics for 2nd public meeting Meeting attendance & prepare memo summarizing meeting results Task 5 - Implementation Plan & Project Review 4 Client meeting for implementation plan Revise concept plan to show implementation strategy Prepare memo for phasing and construction costs Task 6 - Presentation / Final Master Plan 2 CRA Board presentation preparation Meeting attendance & minutes (CRA, Commission, PG Board) Revise and finalize concept plan & report including estimates Total Weeks 22 City of Delray Beach NE 3rd Avenue Improvements PROPOSED SCHEDULE TASK NE 3 rd St S t r e e t S c a p e N NE 4 th St 4/ 2 3 / 2 0 1 2 D e l r a y B e a c h G I S NE 3 rd St Si t e NE 3 rd St MEMORANDUM TO:Mayor and City Commissioners FROM:Frank Babin, Risk Manager THROUGH:David Harden, City Manager DATE:April 20, 2012 SUBJECT:AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF MAY 1, 2012 REQUEST TO ATTEND THE FLORIDA MUNICIPAL INSURANCE TRUST (FMIT) CONFERENCE ITEM BEFORE COMMISSION Commission approval to attend an annual conference conducted by the City's major property/liability/workers' compensation insurer, F lorida Municipal Insurance Trust (FMIT). BACKGROUND The annual Florida Municipal Insurance Trust (FMIT) Conference will be held in Palm Coast, Florida, on May 21-23, 2012. The purpose of the conference is to educa te and network with FMIT underwriting managers, claims managers, corporate staff and othe r municipalities. All costs to attend the conferenc e, for the exception of car mileage and tolls, will be paid by FMIT. According to Palm Beach County Code of Ethics Secti on 2.443(f), “Accepting Travel Expenses”, employees are not permitted to accept directly or i ndirectly, any travel expenses, including but not limited to, transportation, lodging, meals, registr ation fees and incidentals; unless waived by a majo rity vote of the Commission. Because attendance at the c onference will be in the official capacity as Risk Manager for educational and governmental purposes, reimbursement in the excess of $100.00 is not considered a gift. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Frank Babin, Risk Manager THROUGH:David Harden, City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF MAY 1, 2012 AGREEMENT/ O'BRIEN'S RESPONSE MANAGEMENT, INC. ITEM BEFORE COMMISSION This item requests approval of an agreement with O’Brien Response Management, Inc. to provide post- hurricane services for debris management and FEMA c laims administration. BACKGROUND O’Brien Response Management provides regulatory compl iance, emergency preparedness, response management disaster recovery and crisis management services. They will provide both the administration of debris management and FEMA claims . The City of Oakland Park has agreed to allow us to piggy-back on their contract, which was awarded based on responses to the city's RFP, with O’Brien Response Management for Disaster Management and Financial Recovery Assistance Services (#R2011-085) for three (3) years; and Disaster Debris Monitoring Services (#R2011-068) for three (3) years, with the option to renew for two (2) additional one year periods if mutually agreed upon . Under these contracts, any costs incurred are post disaster and at contractually determined rates. Cos ts specific to FEMA projects are included with FEMA re imbursement requests. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:April 25, 2012 SUBJECT:AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF MAY 1, 2012 FIRST AMENDMENT TO THE AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY: CRA/421 S.W. 5TH AVENUE ITEM BEFORE COMMISSION Approval of the First Amendment to the Agreement fo r Purchase and Sale of Real Property for the property located at 421 S.W. 5 th Avenue, Delray Beach, Florida. BACKGROUND This amendment provides for a time to review title on the property and object to any exception to titl e as shown on the title commitment. RECOMMENDATION Staff recommends approval of the First Amendment to the Agreement for Purchase and S ale of Real Property between the Community Redevelopment Agency and the City of Delray Beach for property located at 421 S.W. 5 th Avenue in Delray Beach, Florida. MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector of Planning and Zoning THROUGH: City M anager DATE: April 26, 2012 SUBJECT: AGENDA ITEM 8.I. -REGULAR COMMISSION MEETING OF MAY 1, 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 April 16, 2012 through April 27, 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 Planning and Zoning Board Meeting of April 16, 2012 No appealable items were considered by the Planning and Zoning Board. The following items which were considered by the Board will be forwarded to the City Commission for action: A. Recommended approval (4 to 0, Clifford Durden and Cary Glickstein absent) of an amendment to Land Development Regulations Section 4.4.11, “NC (Neighborhood Commercial) District”, Subsection 4.4.11(F), “Development Standards”, Subsection 4.4.11(G), “Supplemental District Regulations”, and Subsection 4.4.11(H), “Special Regulations”, to modify the regulations for properties within the Wallace Drive Overlay District B. Recommended approval (4 to 0), of a final plat in conjunction with the creation of a three-lot single family subdivision for Delray Beach CRA’s NW 5th Avenue Plat, located at the northwest corner of Martin Luther King Jr. Drive and NW 5th Avenue. C. Acknowledged (4 to 0) the public infrastructure recommendations and recommended they be evaluated for potential inclusion in the upcoming Capital Improvement Program. Site Plan Review and Appearance Board Meeting of April 25, 2012 1. Approved with conditions (4 to 0, Shane Ames and Shannon Dawson absent), an amendment to the blanket sign program for Advance Auto Parts located within the Delray Beach Shopping Center, located 1310 North Federal Highway. 2. Approved with conditions (4 to 0), a revision to the master sign program for the South Delray Shopping Center, located at 3001-3199 South Federal Highway (northeast corner of South Federal Highway and Avenue “L”). Additionally the Board approved with conditions (4 to 0), a Class II site plan modification, landscape plan and architectural elevation plan for the South Delray Shopping Center, associated with renovation of the exterior façade, minor parking lot and loading dock area modifications and landscaping changes. 3. Approved with conditions (3 to 1, Rustem Kupi dissenting), the removal of Condition of Approval #7 from the October 12, 2011 Class III Site Plan Approval for the Milagro Center childcare facility”, located at 675 Auburn Avenue (east side of Auburn Avenue, south of SE 4th Street). 4. Approved (4 to 0), a request for a color and material change in conjunction with changing the white tile roof to a standing seam metal roof for DMV Nationwide, located at 360 North Congress Avenue (west side of Congress Avenue, south of the E-4 LWDD Canal). 5. Continued (4 to 0), a Class I site plan and architectural elevation plan associated with the replacement of the existing glass service bay doors with steel doors for Delray Firestone, located on the south side of West Atlantic Avenue, west of Military Trail. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map Martin Luther King Jr. Drive and NW 5 th Avenue. C. Acknowledged (4 to 0) the public infrastructure rec ommendations and recommended they be evaluated for potential inclusion in the upcoming C apital Improvement Program. Site Plan Review and Appearance Board Meeting of Ap ril 25, 2012 1. Approved with conditions (4 to 0, Shane Ames and Sh annon Dawson absent), an amendment to the blanket sign program for Advance Auto Parts located within the Delray Beach Shopping Center, located 1310 North Federal Highway. 2. Approved with conditions (4 to 0), a revision to th e master sign program for the South Delray Shopping Center , located at 3001-3199 South Federal Highway (northeast corner of Sou th Federal Highway and Avenue “L”). Additionally the Board approved with conditions (4 to 0), a Class II site plan modification, landscape plan and architectural elevation plan for the South Delray Shopping Center, associated with renovation of the exterior façade, minor parking lot and loadi ng dock area modifications and landscaping changes. 3. Approved with conditions (3 to 1, Rustem Kupi disse nting), the removal of Condition of Approval #7 from the October 12, 2011 Class III Sit e Plan Approval for the Milagro Center childcare facility”, located at 675 Auburn Avenue (east side of Auburn Avenue, south of SE 4 th Street). 4. Approved (4 to 0), a request for a color and materi al change in conjunction with changing the white tile roof to a standing seam metal roof for DMV Nationwide , located at 360 North Congress Avenue (west side of Congress Avenue, south of the E-4 LWDD Canal). 5. Continued (4 to 0), a Class I site plan and architectural elevation pla n associated with the replacement of the existing glass service bay doors with steel doors for Delray Firestone , located on the south side of West Atlantic Avenue, west of Mil itary Trail. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map CITY COMMISSION MEETING --- _CITYLIMITS _ „_ _ „_ n1 APPEALABLE ITEMS ONE MILE �! LOCATION MAP PLANNING AND ZONING GRAPHIC SCALE DEPARTMENT MAY 1, 2012 SPRAB: 1. ADVANCE AUTO PARTS 4. DMV NATIONWIDE 2. SOUTH DELRAY SHOPPING 5. DELRAY FIRESTONE 3. MILAGRO CENTER -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S: \Planning & Zoning \DBMS \File— Cab \CC— DOC \5 -1 -12 MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 20, 2012 SUBJECT: AGENDA ITEM 8.J.1 -REGULAR COMMISSION MEETING OF MAY 1, 2012 CONTRACT AWARD/COASTAL CONTRACTING AND DEVELOPMENT, INC. ITEM BEFORE COMMISSION Request for Commission approval/authorization for the Mayor to execute the construction contract with Coastal Contracting and Development, Inc., the lowest responsive bidder, for construction of the Atlantic Avenue Gateway Art Feature Project in the amount of $1,182,842.00. P/N 2009-041. BACKGROUND A major theme of the Downtown Plan is the unification of East and West Atlantic Avenue into a seamless downtown. An important component of that theme is the creation of an attention-grabbing entry or "Gateway" feature at West Atlantic Avenue and I-95 that would signify to visitors that they had arrived at someplace special: Downtown Delray Beach. Landscape architects and engineers from the firm of PBS&J, along with textile artist Michelle Newman, held public workshops and collaborated with a focus group to create an entrance feature that will be representative of the unique character and history of the city. The contract for construction consists of sidewalks, landscaped berms, trellises, and a series of six (6) columns with artistic designs representing Delray’s cultural heritage. This project is funded by the Community Redevelopment Agency (CRA) in conjunction with an FDOT award of a Keep Palm Beach County Beautiful Grant in the amount of $199,760 for landscaping. FUNDING SOURCE Funding is available from account # 334-3162-541-68-09. RECOMMENDATION Staff recommends approval. Bid Tabulation Atlantic Avenue Gateway Art Feature 2009-Item EST UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED No. DESCRIPTION UNIT QUAN. PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST 1 Maintenance of Traffic L.S. 1 $10,000.00 $10,000.00 $3,450.00 $3,450.00 $5,900.00 $5,900.00 $960.13 $960.13 $2,500.00 $2,500.00 2 Mobilization/Demobilization L.S. 1 $20,000.00 $20,000.00 $56,242.00 $56,242.00 $3,540.00 $3,540.00 $911.51 $911.51 $34,000.00 $34,000.00 3 Clearing & Grubbing L.S. 1 $30,000.00 $30,000.00 $20,794.00 $20,794.00 $35,282.00 $35,282.00 $17,841.34 $17,841.34 $75,000.00 $75,000.00 4 Replace Existing Cobra Head E.A. 1 $10,000.00 $10,000.00 $8,347.00 $8,347.00 $11,800.00 $11,800.00 $12,153.50 $12,153.50 $6,600.00 $6,600.00 5 Icon Sculptures E.A. 6 $93,500.00 $561,000.00 $111,112.00 $666,672.00 $102,660.00 $615,960.00 $108,449.73 $650,698.38 $110,000.00 $660,000.00 6 Cable Trellis E.A. 4 $23,000.00 $92,000.00 $22,017.00 $88,068.00 $25,960.00 $103,840.00 $20,066.64 $80,266.56 $28,000.00 $112,000.00 7 Fence-Like Sculpture E.A. 4 $20,000.00 $80,000.00 $10,925.00 $43,700.00 $19,352.00 $77,408.00 $56,792.55 $227,170.20 $28,000.00 $112,000.00 8 Concrete Sidewalk Construction L.F. 1,440 $20.00 $28,800.00 $18.55 $26,712.00 $18.29 $26,337.60 $19.19 $27,633.60 $16.00 $23,040.00 9 Lighting and Electrical L.S. 1 $130,000.00 $130,000.00 $87,400.00 $87,400.00 $104,854.00 $104,854.00 $107,315.41 $107,315.41 $103,000.00 $103,000.00 10 Landscape Irrigation System L.S. 1 $29,500.00 $29,500.00 $30,440.00 $30,440.00 $27,730.00 $27,730.00 $33,908.27 $33,908.27 $42,000.00 $42,000.00 11 Bougainvillea 'Barbara Karst' E.A. 16 $34.50 $552.00 $52.85 $845.60 $29.00 $464.00 $49.22 $787.52 $60.00 $960.00 14 Bulnesia arborea E.A. 3 $236.00 $708.00 $173.60 $520.80 $236.00 $708.00 $182.30 $546.90 $200.00 $600.00 15 Coccoloba uvifera E.A. 1 $225.00 $225.00 $173.60 $173.60 $236.00 $236.00 $182.30 $182.30 $200.00 $200.00 18 Quercus virginiana E.A. 6 $260.00 $1,560.00 $259.85 $1,559.10 $236.00 $1,416.00 $273.45 $1,640.70 $300.00 $1,800.00 19 Roystonia regia E.A. 15 $646.00 $9,690.00 $317.35 $4,760.25 $590.00 $8,850.00 $455.76 $6,836.40 $340.00 $5,100.00 20 Sabal Palmetto E.A. 12 $186.00 $2,232.00 $173.60 $2,083.20 $177.00 $2,124.00 $176.23 $2,114.76 $200.00 $2,400.00 21 Serenoa Repens E.A. 302 $29.70 $8,969.40 $18.35 $5,541.70 $35.00 $10,570.00 $18.23 $5,505.46 $20.00 $6,040.00 22 Tecoma stans E.A. 8 $242.00 $1,936.00 $173.60 $1,388.80 $177.00 $1,416.00 $182.30 $1,458.40 $200.00 $1,600.00 23 Hamelia patens E.A. 240 $9.50 $2,280.00 $8.58 $2,059.20 $11.00 $2,640.00 $7.90 $1,896.00 $8.00 $1,920.00 24 Helianthus debilis E.A. 870 $5.00 $4,350.00 $4.55 $3,958.50 $6.00 $5,220.00 $3.65 $3,175.50 $4.00 $3,480.00 25 Muhlenbergia capillaris E.A. 610 $4.90 $2,989.00 $3.98 $2,427.80 $6.00 $3,660.00 $3.04 $1,854.40 $3.00 $1,830.00 26 Nephrolepis falcata E.A. 870 $9.80 $8,526.00 $5.13 $4,463.10 $11.00 $9,570.00 $4.25 $3,697.50 $4.00 $3,480.00 27 Philodendron bipinnatifidum E.A. 148 $9.50 $1,406.00 $8.58 $1,269.84 $11.00 $1,628.00 $7.90 $1,169.20 $8.00 $1,184.00 28 Paspalum notatum 'Seashore' S.Y. 2,585 $7.00 $18,095.00 $4.60 $11,891.00 $6.19 $16,001.15 $4.92 $12,718.20 $4.00 $10,340.00 29 Stenotaphrum secundatum S.Y. 7,968 $2.70 $21,513.60 $2.88 $22,947.84 $3.71 $29,561.28 $1.97 $15,696.96 $2.50 $19,920.00 30 Fill C.Y. 4,250 $10.00 $42,500.00 $12.10 $51,425.00 $13.15 $55,887.50 $8.51 $36,167.50 $12.30 $52,275.00 31 Undefined General Allowance L.S. 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 32 Video Allowance L.S. 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 33 Indemnification L.S. 1 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 $10.00 34 Project Signs E.A. 2 $750.00 $1,500.00 $575.00 $1,150.00 $1,180.00 $2,360.00 $212.69 $425.38 $750.00 $1,500.00 35 As-Builts L.S. 1 $1,500.00 $1,500.00 $1,150.00 $1,150.00 $885.00 $885.00 $911.51 $911.51 $3,000.00 $3,000.00 36 Erosion Control L.S. 1 $10,000.00 $10,000.00 $8,122.00 $8,122.00 $8,496.00 $8,496.00 $3,451.59 $3,451.59 $20,000.00 $20,000.00 Total $1,182,842.00 $1,210,572.33 $1,225,354.53 $1,310,105.08 $1,358,779.00 Number that was corrected due to error in bid Coastal Contracting & Dev. MBR Construction West Construction All-Site Construction Brang Construction Bid Tabulation Atlantic Avenue Gateway Art Feature 2009-Item EST No. DESCRIPTION UNIT QUAN. 1 Maintenance of Traffic L.S. 1 2 Mobilization/Demobilization L.S. 1 3 Clearing & Grubbing L.S. 1 4 Replace Existing Cobra Head E.A. 1 5 Icon Sculptures E.A. 6 6 Cable Trellis E.A. 4 7 Fence-Like Sculpture E.A. 4 8 Concrete Sidewalk Construction L.F. 1,440 9 Lighting and Electrical L.S. 1 10 Landscape Irrigation System L.S. 1 11 Bougainvillea 'Barbara Karst' E.A. 16 14 Bulnesia arborea E.A. 3 15 Coccoloba uvifera E.A. 1 18 Quercus virginiana E.A. 6 19 Roystonia regia E.A. 15 20 Sabal Palmetto E.A. 12 21 Serenoa Repens E.A. 302 22 Tecoma stans E.A. 8 23 Hamelia patens E.A. 240 24 Helianthus debilis E.A. 870 25 Muhlenbergia capillaris E.A. 610 26 Nephrolepis falcata E.A. 870 27 Philodendron bipinnatifidum E.A. 148 28 Paspalum notatum 'Seashore' S.Y. 2,585 29 Stenotaphrum secundatum S.Y. 7,968 30 Fill C.Y. 4,250 31 Undefined General Allowance L.S. 1 32 Video Allowance L.S. 1 33 Indemnification L.S. 1 34 Project Signs E.A. 2 35 As-Builts L.S. 1 36 Erosion Control L.S. 1 Total Number that was corrected due to error in bid UNIT EXTENDED UNIT EXTENDED PRICE COST PRICE COST $11,500.00 $11,500.00 $75,500.00 $75,500.00 $19,500.00 $19,500.00 $75,500.00 $75,500.00 $39,700.00 $39,700.00 $10,000.00 $10,000.00 $15,000.00 $15,000.00 $15,000.00 $15,000.00 $110,000.00 $660,000.00 $114,050.00 $684,300.00 $36,000.00 $144,000.00 $29,000.00 $116,000.00 $50,000.00 $200,000.00 $49,998.00 $199,992.00 $20.00 $28,800.00 $36.00 $51,840.00 $117,000.00 $117,000.00 $120,000.00 $120,000.00 $49,100.00 $49,100.00 $30,000.00 $30,000.00 $60.00 $960.00 $60.00 $960.00 $480.00 $1,440.00 $260.00 $780.00 $300.00 $300.00 $260.00 $260.00 $450.00 $2,700.00 $390.00 $2,340.00 $750.00 $11,250.00 $800.00 $12,000.00 $275.00 $3,300.00 $150.00 $1,800.00 $52.00 $15,704.00 $42.00 $12,684.00 $250.00 $2,000.00 $230.00 $1,840.00 $10.00 $2,400.00 $9.00 $2,160.00 $5.00 $4,350.00 $4.00 $3,480.00 $5.00 $3,050.00 $4.00 $2,440.00 $10.00 $8,700.00 $10.00 $8,700.00 $12.00 $1,776.00 $10.00 $1,480.00 $2.70 $6,979.50 $4.00 $10,340.00 $5.40 $43,027.20 $3.00 $23,904.00 $15.00 $63,750.00 $10.00 $42,500.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $10.00 $10.00 $10.00 $10.00 $550.00 $1,100.00 $1,000.00 $2,000.00 $11,000.00 $11,000.00 $2,000.00 $2,000.00 $22,000.00 $22,000.00 $35,000.00 $35,000.00 $1,541,396.70 $1,595,810.00 Green Construction Emerald Construction MEMORANDUM TO: Mayor and City Commissioners FROM: Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 8.J.2 -REGULAR COMMISSION MEETING OF MAY 1, 2012 PURCHASE AWARD/MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchase of three (3) replacement vehicles from Bartow Chevrolet in the amount of $61,488, with an additional award going to Emergency Vehicle Supply in the amount of $6,977.00 for the installation of police lighting and equipment in three (3) Police Department vehicles. These vehicles are smaller than the vehicles they are replacing, representing an effort to reduce fleet acquisition costs and fuel consumption. BACKGROUND Replacement of three 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 Spec. #5 Emergency Vehicle Supply (3) Installation of Police Lighting and Related Equipment $6,977.00 Selected Preferred Vendor by DBPD Total $68,465.00 FUNDING SOURCE 501-3312-591-64.20 (Garage Fund/Machinery Equipment/Vehicle Replacement) RECOMMENDATION Central Garage recommends approval to purchase three (3) vehicles from Bartow Chevrolet in the amount of $61,488, with an additional purchase from Emergency Vehicle Supply in the amount of $6,977 for the installation of Police lighting and related equipment in three (3) Police vehicles, for a total cost of $68,465.00. Bi d T a b u l a t i o n A tlantic Avenue Gateway Art Feature 2009 - It e m E S T No . D E S C R I P T I O N U N I T Q U A N . 1 Ma i n t e n a n c e o f T r a f f i c L . S . 1 2 Mo b i l i z a t i o n / D e m o b i l i z a t i o n L . S . 1 3 Cl e a r i n g & G r u b b i n g L . S . 1 4 Re p l a c e E x i s t i n g C o b r a H e a d E . A . 1 5 Ic o n S c u l p t u r e s E . A . 6 6 Ca b l e T r e l l i s E . A . 4 7 Fe n c e - L i k e S c u l p t u r e E . A . 4 8 Co n c r e t e S i d e w a l k C o n s t r u c t i o n L . F . 1 , 4 4 0 9 Li g h t i n g a n d E l e c t r i c a l L . S . 1 10 La n d s c a p e I r r i g a t i o n S y s t e m L . S . 1 11 Bo u g a i n v i l l e a ' B a r b a r a K a r s t ' E . A . 1 6 14 Bu l n e s i a a r b o r e a E . A . 3 15 Co c c o l o b a u v i f e r a E . A . 1 18 Qu e r c u s v i r g i n i a n a E . A . 6 19 Ro y s t o n i a r e g i a E . A . 1 5 20 Sa b a l P a l m e t t o E . A . 1 2 21 Se r e n o a R e p e n s E . A . 3 0 2 22 Te c o m a s t a n s E . A . 8 23 Ha m e l i a p a t e n s E . A . 2 4 0 24 He l i a n t h u s d e b i l i s E . A . 8 7 0 25 Mu h l e n b e r g i a c a p i l l a r i s E . A . 6 1 0 26 Ne p h r o l e p i s f a l c a t a E . A . 8 7 0 27 Ph i l o d e n d r o n b i p i n n a t i f i d u m E . A . 1 4 8 28 Pa s p a l u m n o t a t u m ' S e a s h o r e ' S . Y . 2 , 5 8 5 29 St e n o t a p h r u m s e c u n d a t u m S . Y . 7 , 9 6 8 30 Fi l l C . Y . 4 , 2 5 0 31 Un d e f i n e d G e n e r a l A l l o w a n c e L . S . 1 32 Vi d e o A l l o w a n c e L . S . 1 33 In d e m n i f i c a t i o n L . S . 1 34 Pr o j e c t S i g n s E . A . 2 35 As - B u i l t s L . S . 1 36 Er o s i o n C o n t r o l L . S . 1 To t a l Nu m b e r t h a t w a s c o r r e c t e d d u e t o e r r o r i n b i d UN I T E X T E N D E D U N I T E X T E N D E D PR I C E C O S T P R I C E C O S T $1 1 , 5 0 0 . 0 0 $ 1 1 , 5 0 0 . 0 0 $ 7 5 , 5 0 0 . 0 0 $ 7 5 , 5 0 0 . 0 0 $1 9 , 5 0 0 . 0 0 $ 1 9 , 5 0 0 . 0 0 $ 7 5 , 5 0 0 . 0 0 $ 7 5 , 5 0 0 . 0 0 $3 9 , 7 0 0 . 0 0 $ 3 9 , 7 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $ 1 0 , 0 0 0 . 0 0 $1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $ 1 5 , 0 0 0 . 0 0 $1 1 0 , 0 0 0 . 0 0 $ 6 6 0 , 0 0 0 . 0 0 $ 1 1 4 , 0 5 0 . 0 0 $ 6 8 4 , 3 0 0 . 0 0 $3 6 , 0 0 0 . 0 0 $ 1 4 4 , 0 0 0 . 0 0 $ 2 9 , 0 0 0 . 0 0 $ 1 1 6 , 0 0 0 . 0 0 $5 0 , 0 0 0 . 0 0 $ 2 0 0 , 0 0 0 . 0 0 $ 4 9 , 9 9 8 . 0 0 $ 1 9 9 , 9 9 2 . 0 0 $2 0 . 0 0 $ 2 8 , 8 0 0 . 0 0 $ 3 6 . 0 0 $ 5 1 , 8 4 0 . 0 0 $1 1 7 , 0 0 0 . 0 0 $ 1 1 7 , 0 0 0 . 0 0 $ 1 2 0 , 0 0 0 . 0 0 $ 1 2 0 , 0 0 0 . 0 0 $4 9 , 1 0 0 . 0 0 $ 4 9 , 1 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $ 3 0 , 0 0 0 . 0 0 $6 0 . 0 0 $ 9 6 0 . 0 0 $ 6 0 . 0 0 $ 9 6 0 . 0 0 $4 8 0 . 0 0 $ 1 , 4 4 0 . 0 0 $ 2 6 0 . 0 0 $ 7 8 0 . 0 0 $3 0 0 . 0 0 $ 3 0 0 . 0 0 $ 2 6 0 . 0 0 $ 2 6 0 . 0 0 $4 5 0 . 0 0 $ 2 , 7 0 0 . 0 0 $ 3 9 0 . 0 0 $ 2 , 3 4 0 . 0 0 $7 5 0 . 0 0 $ 1 1 , 2 5 0 . 0 0 $ 8 0 0 . 0 0 $ 1 2 , 0 0 0 . 0 0 $2 7 5 . 0 0 $ 3 , 3 0 0 . 0 0 $ 1 5 0 . 0 0 $ 1 , 8 0 0 . 0 0 $5 2 . 0 0 $ 1 5 , 7 0 4 . 0 0 $ 4 2 . 0 0 $ 1 2 , 6 8 4 . 0 0 $2 5 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 3 0 . 0 0 $ 1 , 8 4 0 . 0 0 $1 0 . 0 0 $ 2 , 4 0 0 . 0 0 $ 9 . 0 0 $ 2 , 1 6 0 . 0 0 $5 . 0 0 $ 4 , 3 5 0 . 0 0 $ 4 . 0 0 $ 3 , 4 8 0 . 0 0 $5 . 0 0 $ 3 , 0 5 0 . 0 0 $ 4 . 0 0 $ 2 , 4 4 0 . 0 0 $1 0 . 0 0 $ 8 , 7 0 0 . 0 0 $ 1 0 . 0 0 $ 8 , 7 0 0 . 0 0 $1 2 . 0 0 $ 1 , 7 7 6 . 0 0 $ 1 0 . 0 0 $ 1 , 4 8 0 . 0 0 $2 . 7 0 $ 6 , 9 7 9 . 5 0 $ 4 . 0 0 $ 1 0 , 3 4 0 . 0 0 $5 . 4 0 $ 4 3 , 0 2 7 . 2 0 $ 3 . 0 0 $ 2 3 , 9 0 4 . 0 0 $1 5 . 0 0 $ 6 3 , 7 5 0 . 0 0 $ 1 0 . 0 0 $ 4 2 , 5 0 0 . 0 0 $5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 $ 5 0 , 0 0 0 . 0 0 $1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $1 0 . 0 0 $ 1 0 . 0 0 $ 1 0 . 0 0 $ 1 0 . 0 0 $5 5 0 . 0 0 $ 1 , 1 0 0 . 0 0 $ 1 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $1 1 , 0 0 0 . 0 0 $ 1 1 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $ 2 , 0 0 0 . 0 0 $2 2 , 0 0 0 . 0 0 $ 2 2 , 0 0 0 . 0 0 $ 3 5 , 0 0 0 . 0 0 $ 3 5 , 0 0 0 . 0 0 $1 , 5 4 1 , 3 9 6 . 7 0 $ 1 , 5 9 5 , 8 1 0 . 0 0 Gr e e n C o n s t r u c t i o n E m e r a l d C o n s t r u c t i o n MEMORANDUM TO:Mayor and City Commissioners FROM:Kevin Rumell, Fleet Superintendent Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 8.J.2 - REGULAR COMMISSION MEETING OF MAY 1, 2012 PURCHASE AWARD/MULTIPLE VENDORS ITEM BEFORE COMMISSION City Commission is requested to approve the purchas e of three (3) replacement vehicles from Bartow Chevrolet in the amount of $61,488, with an additio nal award going to Emergency Vehicle Supply in the amount of $6,977.00 for the installation of pol ice lighting and equipment in three (3) Police Department vehicles. These vehicles are smaller than the vehicles they a re replacing, representing an effort to reduce flee t acquisition costs and fuel consumption. BACKGROUND Replacement of three 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 Spec. #5 Emergency Vehicle Supply (3) Installation of Police Lighting and Related Equipment $6,977.00 Selected Preferred Vendor by DBPD Total $68,465.00 FUNDING SOURCE 501-3312-591-64.20 (Garage Fund/Machinery Equipmen t/Vehicle Replacement) RECOMMENDATION Central Garage recommends approval to purchase thre e (3) vehicles from Bartow Chevrolet in the amount of $61,488, with an additional purchase from Emergency Vehicle Supply in the amount of $6,977 for the installation of Police lighting and related equipment in three (3) Police vehicles, for a total cost of $68,465.00. MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 9.A. -REGULAR COMMISSION MEETING OF MAY 1, 2012 FINAL SUBDIVISION PLAT APPROVAL/WAIVER REQUEST/N.W. 5TH AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a waiver for a 0.47 acre, single family, three lot subdivision and certification of a final plat known as “Delray Beach CRA’s NW 5th Avenue Plat”, located at the northwest corner of Martin Luther King, Jr. Drive (NW 2nd Street) and NW 5th Avenue. BACKGROUND The 0.47 acre subdivision is a replat of a portion of Block 18 of the Town of Linton (now Delray) Florida, according to the Plat recorded in Plat Book 1, Page 3, of the public records of Palm Beach County, Florida. A blighted single-family home, located on the west side of the property, was demolished and the property is currently undeveloped. The CRA owns the four (4) unplatted nonconforming parcels (with metes and bounds descriptions) identified as Lots 10, 11, 16 and 20, Block 18, Town of Delray, by the Palm Beach County Property Appraiser. Lot 11 (the east 30 feet of the property) was conveyed to the CRA by the City of Delray Beach in 2008, specifically for the purposes of lot assembly associated with this subdivision request. The replat of the subject property will allow for the development of three (3) single-family homes. The property will be divided into 3 single-family lots and Tract “A”, which is being dedicated for additional road right-of-way for NW 5th Avenue. Utilities (electric, phone and cable tv) will be provided within a 10’ utility easement at the back of the property. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. The development request includes a waiver request to allow relief from the minimum requirements established by Chapter 4 of the Land Development Regulations. LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(c), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.” By this definition, the existing property has a width of 135.91 feet and fronts on Martin Luther King, Jr. Drive (NW 2nd Street). With the replat, all three of the proposed lots in this subdivision will front on NW 5th Avenue. None of the proposed lots meet the LDR requirements for lot width or frontage and Lots 2 and 3 do not meet the minimum size requirements. The proposed 60’ width/frontage for Lot 1, which is a corner lot, is deficient by 15’ (minimum 80’ required). This lot meets the minimum size and depth requirements. The proposed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99; (minimum 60’ required). At 5,890.89 square feet, these two lots are also deficient in size by 1,609.11 square feet (7,500 sq. ft. required). Both lots meet the minimum depth requirements. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot width and size below the minimum requirement for the proposed lots. As shown on the attached Planning and Zoning Board staff report, positive findings can be made in support of this waiver. Given the existing development pattern, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat and the Waiver request at its meeting of April 19, 2012 and recommended approval by a vote of 4 to 0 (Glickstein and Durden absent). RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the required width and frontage for Lot 1 from 80 feet to 60 feet and reduce the required width and frontage from 60 feet to 45.01’ and size from 7,500 sq. ft. to 5,890.89 sq. ft. for Lots 2 and 3 of the Delray Beach CRA’s NW 5th Avenue Plat, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Plat: Move approval for the Delray Beach CRA’s NW 5th Avenue Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELRAY BEACH CRA’S NW 5th AVENUE PLAT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding Delray Beach CRA’s NW 5th Avenue Plat has come before the City Commission on May 1, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request and plat approval for Delray Beach CRA’s NW 5th Avenue Plat. All of the evidence is a part of the record in this case. I. Waiver: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) shall not adversely affect the neighboring area; (b) shall not significantly diminish the provision of public facilities; (c) shall not create an unsafe situation; and (d) does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(c), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.” By this definition, the existing property has a width of 135.91 feet and fronts on Martin Luther King, Jr. Drive (NW 2nd Street). With the replat, all three of the proposed lots in this subdivision will front on NW 5th Avenue. None of the proposed lots meet the LDR requirements for lot width or frontage, and Lots 2 and 3 do not meet the minimum size requirements. 2 Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot width and size below the minimum requirement for the proposed lots. Existing and Proposed Lot Dimensions Lot Size (Square Feet) Lot Width Interior/Corner Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60’/80’ 100’ 60’/80’’ Existing Property 20,386.80 135.91 (Corner Lot) 150.02’ 135.91’ (Corner Lot) Proposed Lot 1 7,803.40 60’ (Corner Lot) 130.91’ 60’ (Corner Lot) Proposed Lot 2 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Int. Lot) Proposed Lot 3 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Int. Lot) • Lot 1 (a corner lot): o Width/Frontage: The proposed 60’ width/frontage is deficient by 15’ (minimum 80’ required). • Lots 2 and 3 (interior lots): o Width/Frontage: The proposed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99’ (minimum 60’ required). o Size requirements: Lots 2 and 3 are 5,890.89 square feet. They are deficient in size by 1,609.11 square feet (7,500 sq. ft. required) A. Should the waiver to Section 4.3.4(K) to reduce frontage and width for Lot 1 be granted? Yes ______ No______ B. Should the waivers to Section 4.3.4(K) to reduce frontage, width and size requirements for Lot 2 be granted? Yes ______ No______ 3 C. Should the waivers to Section 4.3.4(K) to reduce frontage, width and size requirements for Lot 3 be granted? Yes ______ No______ II. Plat Approval: The required findings for approval are hereto attached as “Exhibit A”. Should the Delray Beach CRA’s NW 5th Avenue Plat be granted? Yes ______ No______ 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original plat was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Commission approves ___ denies ____ the waiver requests and plat approval and hereby adopts this Order this 1st day of May, 2012, by a vote of _____ in favor and _____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk 4 Exhibit A PLAT FINDINGS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. 1. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Residential-Low Density, 0-5 du/ac) and is zoned R-1-A (Single Family Residential). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the R-1-A zoning district is consistent with the LD Land Use Map Designation. 2. Section 3.1.1 (B) – Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future 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 and sewer service are available via connection to existing 8 inch water and sewer mains in NW 5th Avenue or NW 2nd 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. Drainage: Although engineering plans have not be submitted, storm water drainage will be accommodated on each lot via sheet flow to swales within the lots and adjacent to the roadway. The swales will have to be designed to accommodate the required storm water storage. Drainage will be reviewed as part of the building permit process. Streets and Traffic: With the additional two single-family lots, the project will generate a net increase of twenty (20) daily trips. This impact is minimal and residential development, east of I-95, is exempt from Palm Beach County traffic concurrency standards. Parks and Recreation Facilities: The Open Space and Recreation Element of the City’s Comprehensive Plan indicates in its conclusion that “The City will have sufficient recreation facilities at build-out to meet the adopted standards”. A park impact fee is collected to offset any impacts that the project may have on the City’s recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. A total fee of $1,500 will be required of this development for parks and recreation purposes. 5 Solid Waste: The proposed three (3) single-family homes will generate 5.97 tons of solid waste per year (3 units x 1.99 tons = 5.97 tons). Without this subdivision, a single-family home constructed on the existing lot would generate 1.99 tons of solid waste per year. Therefore, the development proposal would result in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047. Schools: The School Concurrency application has been submitted to the Palm Beach County School District, but a response has not been received as of this date. 3. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. Section 3.2.1 Basis for Determining Consistency: The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and/or Plat Actions: (A) Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Meets intent of standard (B) Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Meets intent of standard (C) Open space enhancements as described in policies found under Objective B-1, of the Open Space and Recreation Element are appropriately addressed. Not applicable (D) The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable (E) Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Meets intent of standard (F) Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Meets intent of standard (G) Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and 6 meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Meets intent of standard (H) The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Meets intent of standard (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Comprehensive Plan Policies: a. Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is surrounded on the north, east and west sides by single-family homes and on the south side by commercial development. Although there are a variety of lot sizes in the neighborhood, the majority of the single-family lots are 50 feet in width. Development of the subject property is proposed in a manner appropriate and complementary to the surrounding neighborhood. 4. Section 3.1.1 (D) -Compliance with the Land Development Regulations: LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 3 single-family lots and Tract “A”, which is being dedicated for public road right-of-way. LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5’ right-of-way and 10’ corner clip is being dedicated for NW 5th Avenue on the plat. LDR Section 4.3.4(K) (Development Standards Matrix): A waiver to lot width and size requirements, pursuant to Section 4.3.1(D), is required. requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it i s necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(c), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lo t may be less than the minimum set forth in the matrix.” By this definition, the existing property has a wid th of 135.91 feet and fronts on Martin Luther King, Jr. D rive (NW 2nd Street). With the replat, all three of the proposed lots in this subdivision will front on NW 5th Avenue. None of the proposed lots meet the LDR requirements for lot width or frontage and Lots 2 and 3 do not meet the minimum size requirements. The proposed 60 ’ width/frontage for Lot 1, which is a corner lot, is deficient by 15’ (minimum 80’ required). This lot meets the minimum size and dept h requirements. The proposed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99; (minimum 60’ required). At 5,890.89 square feet, these two lots are also defic ient in size by 1,609.11 square feet (7,500 sq. ft. required). Both lots meet the minimum depth require ments. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot width and size below the minimum requirement for the proposed lots. As shown on the attached Planning and Zoning Board staff report, positive findings can be made in support of this wa iver. Given the existing development pattern, the waiver will not adversely affect the neighboring ar ea, diminish public facilities, or create an unsafe situation, and an approval would be granted in a si milar situation. Based upon the above, it is necess ary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat and the Waiver request at its meeting of April 19, 2012 and recommended approval by a vote of 4 to 0 (Glickstein and Durden absent). RECOMMENDATION By Separate Motions: Waiver: Move approval of a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to reduce the required width and frontage for Lot 1 from 80 feet to 60 feet and reduce the required width and fronta ge from 60 feet to 45.01’ and size from 7,500 sq. ft. to 5,890.89 sq. ft. for Lots 2 and 3 of the Delray Beach CRA’s NW 5th Avenue Plat, based upon positive findings with respect to LDR Sections 2.4.7(B)(5) and 4.3.1(D). Plat: Move approval for the Delray Beach CRA’s NW 5th Avenue Plat, by adopting the findings of f act and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings) of the Land Development Regulations. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR DELRAY BEACH CRA’S NW 5th AVENUE PLAT ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. The waiver request regarding Delray Beach CRA’s NW 5th Avenue Plat has come before the City Commission on May 1, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the wai ver request and plat approval for Delray Beach CRA’s NW 5th Avenue Plat. All of the ev idence is a part of the record in this case. I. Waiver : Pursuant to LDR Section 2.4.7(B)(5), prior to grant ing 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 p ublic 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 pro perty for another applicant or owner. Pursuant to LDR Section 4.3.1(D), lots created after O ctober 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated d evelopment application, that it is necessary and appropriate to create such nonconf ormity . Pursuant to Section 4.3.4(c), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.” By this definition, the existing property has a width of 135.91 feet and fronts on Martin Luthe r King, Jr. Drive (NW 2nd Street). With the replat, all three of the proposed lots in th is subdivision will front on NW 5th Avenue. None of the proposed lots meet the LDR requirements fo r lot width or frontage, and Lots 2 and 3 do not meet the minimum size requirement s. 2 Pursuant to LDR Section 4.3.1(D), the applicant has req uested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a r eduction in the lot width and size below the minimum requirement for the proposed lots. Existing and Proposed Lot Dimensions Lot Size (Square Feet) Lot Width Interior/Corner Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60’/80’ 100’ 60’/80’’ Existing Property 20,386.80 135.91 (Corner Lot) 150.0 2’ 135.91’ (Corner Lot) Proposed Lot 1 7,803.40 60’ (Corner Lot) 130.91’ 60’ (Corner Lot) Proposed Lot 2 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Int. Lot) Proposed Lot 3 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Int. Lot) • Lot 1 (a corner lot): o Width/Frontage : The proposed 60’ width/frontage is deficient by 15’ (minimum 80’ required). • Lots 2 and 3 (interior lots): o Width/Frontage : The proposed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99’ (minimum 60’ required). o Size requirements : Lots 2 and 3 are 5,890.89 square feet. They are deficient in size by 1,609.11 square feet (7,500 sq. ft . required) A. Should the waiver to Section 4.3.4(K) to reduce fro ntage and width for Lot 1 be granted? Yes ______ No______ B. Should the waivers to Section 4.3.4(K) to reduce fr ontage, width and size requirements for Lot 2 be granted? Yes ______ No______ 3 C. Should the waivers to Section 4.3.4(K) to reduce fr ontage, width and size requirements for Lot 3 be granted? Yes ______ No______ II. Plat Approval: The required findings for approval are hereto attache d as “Exhibit A”. Should the Delray Beach CRA’s NW 5th Avenue Plat be granted? Yes ______ No______ 3. The City Commission has applied the Comprehensive P lan and LDR requirements in existence at the time the original pla t was submitted. 4. The City Commission finds there is ample and compete nt 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 r eports, testimony of experts and other competent witnesses which supports the findings set forth in this Order. 5. Based on the entire record before it, the City Co mmission approves ___ denies ____ the waiver requests and plat approval and hereby adopts this Order this 1st day of May, 2012, by a vote of _____ in favor an d _____ opposed. ________________________________ ATTEST: Nelson S. McDuffie, Mayor ________________________________ Chevelle Nubin, City Clerk 4 Exhibit A PLAT FINDINGS Pursuant to Section 3.1.1 of the Land Development Regulations, pri or to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff r eport, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the C omprehensive Plan, and Compliance with the Land Development Regulations. 1. Section 3.1.1 (A) - Future Land Use Map : The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use M ap. The subject property has a Future Land Use Map designation of LD (Residential- Low Density, 0-5 du/ac) and is zoned R-1-A (Single Family Residential). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the R-1-A zoning dist rict is consistent with the LD Land Use Map Designation. 2. Section 3.1.1 (B) – Concurrency : Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future 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 C ity to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer service are available via connection to e xisting 8 inch water and sewer mains in NW 5 th Avenue or NW 2 nd 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. Drainage: Although engineering plans have not be submitted, storm water dr ainage will be accommodated on each lot via sheet flow to swales within the lots and adjacent to the roadway. The swales will have to be designed to accommodate the required storm water storage. Drainage will be reviewed as part of the building permit process. Streets and Traffic: With the additional two single-family lots, the project will generate a net increase of twenty (20) daily trips. This impact is minimal and resident ial development, east of I-95, is exempt from Palm Beach County traffic concurrency standards. Parks and Recreation Facilities: The Open Space and Recreation Element of the City’s Comprehensi ve Plan indicates in its conclusion that “The City will have suffic ient recreation facilities at build-out to meet the adopted standards”. A park impact fee is collecte d to offset any impacts that the project may have on the City’s recreational facilities. Pursuant to LDR Section 5.3.2, a p ark impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building p ermit for the project. A total fee of $1,500 will be required of this development for parks and recreation purposes. 5 Solid Waste: The proposed three (3) single-family homes will generate 5.97 t ons of solid waste per year (3 units x 1.99 tons = 5.97 tons). Without this subdivision, a single-family home constructed on the existing lot would generate 1.99 tons of solid waste per year. There fore, the development proposal would result in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development pr oposals till the year 2047. Schools: The School Concurrency application has been submitted to the Palm Beach County School District, but a response has not been received as of this date. 3. Section 3.1.1 (C) - Consistency : Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistenc y is to be made. Section 3.2.1 Basis for Determining Consistency : The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a pri nciple of good planning practice. The performance standards set forth in the following sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 sha ll be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, e xclusion from this Article shall not be a basis for not allowing consideration of other objectives and p olicies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.3 Standards for Site Plan and/or Plat Actions : (A) Building design, landscaping, and lighting (glare) shall be suc h that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic ci rculation. Meets intent of standard (B) Separation of different forms of transportation shall be enc ouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies f ound under Objectives D-1 and D-2 of the Transportation Element. Meets intent of standard (C) Open space enhancements as described in policies found under Objec tive B-1, of the Open Space and Recreation Element are appropriately addressed. Not applicable (D) The City shall evaluate the effect that any street wi dening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the wide ning or modification will be detrimental and result in a degradation of the neighborhood, the projec t shall not be permitted. Not applicable (E) Development of vacant land which is zoned for residential pur poses shall be planned in a manner which is consistent with adjacent development regardless of zoni ng designations. Meets intent of standard (F) Vacant property shall be developed in a manner so that t he future use and intensity are appropriate in terms of soil, topographic, and other applicable physical conside rations; complementary to adjacent land uses; and fulfills remaining land use needs. Meets intent of standard (G) Redevelopment and the development of new land shall result i n the provision of a variety of housing types which shall continue to accommodate the diverse makeup of t he City’s demographic profile, and 6 meet the housing needs identified in the Housing Element. This shall b e accomplished through the implementation of policies under Objective B-2 of the Housing Element. Meets intent of standard (H) The City shall consider the effect that the proposal wil l have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and cir culation patterns shall be reviewed in terms of their potential to negatively impact t he safety, habitability and stability of residential areas. If it is determined that a proposed devel opment will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Meets intent of standard (I) Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing i t to become a high accident location, without such development taking actions to remedy the accident situation. Meets intent of standard (J) Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households hav ing a range of ages. This requirement may be waived or modified for residential developme nts located in the downtown area, and for infill projects having fewer than 25 units. Not applicable Comprehensive Plan Policies: a. Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are ap propriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent lan d uses; and fulfill remaining land use needs. There are no special physical or environmental characteristic s of the land that would be negatively impacted by the proposed development. The property is surrounded on the north, east and west sides by single-family homes and on the south side by commercial developme nt. Although there are a variety of lot sizes in the neighborhood, the majority of the single-family l ots are 50 feet in width. Development of the subject property is proposed in a manner appropriate and complementary to the surrounding neighborhood. 4. Section 3.1.1 (D) - Compliance with the Land Development Regulations: LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parc el of land. The property will be divided into 3 single-family lots and Tract “A”, which is being dedicated for public roa d right-of-way. LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5’ right-of-way and 10’ corner clip is being dedicated for NW 5 th Avenue on the plat. LDR Section 4.3.4(K) (Development Standards Matrix): A waiver to lot width and size requirements, pursuant to Section 4.3.1(D), is required. 1 i I/ N DELRAY BEACH CRA'S 1\ ,�aNN,N�N,N� SUBJECT • N DELRAY BEACH CRA'S SUBJECT PROPERTY D NW 5TH AVENUE PLAT N W 5TH AVENUE PLAT \'. PLANNING AND ZONING DEPARTMENT DEPARTMENT ZONING MAP ZONING MAP i r a yy ty' Aft • t ]L 1 a T {�: � G _ •�,. ° '°�, � s � "rte •l„ `� � •'—mob �• � . �.�° p � �1 7Fx lmmff� 72 �. d 4, ~ Au - )m .- !;'i -- tcl•.,fi '•. "k •.. �`�K. 7:— �1s�y. {,•' .� .r � $�,. ]{, • 1 .rYF. .S,�y�` ��. .j^ ,- 1Y���C.•t�$' { t -'; :- I 1 ; .' - )- ht R,�yt+�+ �1 a � _ •{r �! �,r ;i ' � �.s,: ry` r �� -� . „� ,, e _ F: � apt. �.` � _. �y � .Y� ` ' �i�P Ursa... � •r�'' i / 's Y4-n Copyright ®2009 Pictometry tnternational Corp. VI.A. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT---MEETING DATE: April 16, 2012 AGENDA ITEM: VI.A. ITEM: Final Plat approval in conjunction with the creation of a three-lot single family subdivision for the Delray Beach CRA’s NW 5th Avenue Plat, located at the northwest corner of Martin Luther King, Jr. Drive (NW 2nd Street) and NW 5th Avenue. GENERAL DATA: Applicant……........ Delray Beach CRA Owners………………… Delray Beach CRA Location.......................... Northwest corner of Martin Luther King, Jr. Drive (NW 2nd Street) and NW 5th Avenue. Property Size.................. 0.47 acres Future Land Use Map…. Residential Low Density -0-5 du.ac (LD) Current Zoning............... R-1-A (Single Family Residential) Adjacent Zoning....North: R -1 -A ( S i n g l e F a m ily Residential) East: R-1-A (Single Family Residential) South: CBD (Central Business District) West: R-1-A (Single Family Residential) Existing Land Use.......... Undeveloped Proposed Land Use........ Three (3) Lot Single-Family Subdivision Water Service................. Connection to existing 8” main in NW 5th Avenue or NW 2nd Street. Sewer Service................ Connection to existing 8” main in NW 5th Avenue or NW 2nd Street. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for an 0.47 acre residential development containing three (3) single-family lots to be platted as Delray Beach CRA’s NW 5th Avenue Plat. The subject property is located at the northwest corner of Martin Luther King, Jr. Drive (NW 2nd Street) and NW 5th Avenue. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 0.47 acre subdivision is a replat of a portion of Block 18 of the Map of the Town of Linton (now Delray) Florida, according to the Plat recorded in Plat Book 1, Page 3, of the public records of Palm Beach County, Florida. A blighted single-family home, located on west side of the property, was demolished and the property is currently undeveloped. The CRA owns the four (4) unplatted non-conforming parcels (with metes and bounds descriptions) identified as Lots 10, 11, 16 and 20, Block 18, Town of Delray, by the Palm Beach County Property Appraiser. Lot 11 (the east 30 feet of the property) was conveyed to the CRA by the City of Delray Beach in 2008, specifically for the purposes of lot assembly associated with this subdivision request. PLAT DESCRIPTION The replat of the subject property will allow for the development of three (3) single-family homes. The property will be divided into 3 single-family lots and Tract “A”, which is being dedicated for additional road right-of-way for NW 5th Avenue. Utilities (electric, phone and cable tv) will be provided within a 10’ utility easement at the back of the property. Gas service, via Florida Public Utilities, will not be provided. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) -Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of LD (Residential-Low Density, 0-5 du/ac) and is zoned R-1-A (Single Family Residential). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), the R-1-A zoning district is consistent with the LD Land Use Map Designation. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) – Concurrency: Pursuant to Section 3.1.1(B) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 2 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 and sewer service are available via connection to existing 8 inch water and sewer mains in NW 5th Avenue or NW 2nd 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. Drainage: Although engineering plans have not be submitted, storm water drainage will be accommodated on each lot via sheet flow to swales within the lots and adjacent to the roadway. The swales will have to be designed to accommodate the required storm water storage. Drainage will be reviewed as part of the building permit process. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: With the additional two single-family lots, the project will generate a net increase of twenty (20) daily trips. This impact is minimal and residential development, east of I-95, is exempt from Palm Beach County traffic concurrency standards. Parks and Recreation Facilities: The Open Space and Recreation Element of the City’s Comprehensive Plan indicates in its conclusion that “The City will have sufficient recreation facilities at build-out to meet the adopted standards”. A park impact fee is collected to offset any impacts that the project may have on the City’s recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project. A total fee of $1,500 will be required of this development for parks and recreation purposes. Solid Waste: The proposed three (3) single-family homes will generate 5.97 tons of solid waste per year (3 units x 1.99 tons = 5.97 tons). Without this subdivision, a single-family home constructed on the existing lot would generate 1.99 tons of solid waste per year. Therefore, the development proposal would result in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047, thus a positive finding with respect to this level of service standard can be made. Schools: The School Concurrency application has been submitted to the Palm Beach County School District, but a response has not been received as of this date. Receipt of a positive determination of school concurrency is attached as a condition of approval. Section 3.1.1 (C) -Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix “A”, a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 3 Section 3.1.1 (D) -Compliance with the Land Development Regulations: LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 3 single-family lots and Tract “A”, which is being dedicated for public road rightof-way. LDR Section 5.3.1(Right-of-Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. An additional 5’ right-of-way and 10’ corner clip is being dedicated for NW 5th Avenue on the plat. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is surrounded on the north, east and west sides by single-family homes and on the south side by commercial development. Although there are a variety of lot sizes in the neighborhood, the majority of the single-family lots are 50 feet in width. Development of the subject property is proposed in a manner appropriate and complementary to the surrounding neighborhood. LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity. Pursuant to Section 4.3.4(c), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.” By this definition, the existing property has a width of 135.91 feet and fronts on Martin Luther King, Jr. Drive (NW 2nd Street). With the replat, all three of the proposed lots in this subdivision will front on NW 5th Avenue. None of the proposed lots meet the LDR requirements for lot width or frontage and Lots 2 and 3 do not meet the minimum size requirements. Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot width and size below the minimum requirement for the proposed lots. As noted in the following table, the proposed 60’ width/frontage for Lot 1, which is a corner lot, is deficient by 15’ (minimum 80’ required). This lot meets the minimum size and depth requirements. The proposed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99; (minimum 60’ required). At 5,890.89 square feet, these two lots are also deficient in size by 1,609.11 square feet (7,500 sq. ft. required). Both lots meet the minimum depth requirements. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 4 Existing and Proposed Lot Dimensions Lot Size (Square Feet) Lot Width Interior/Corner Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60’/80’ 100’ 60’/80’ Existing Property 20,386.80 135.91 (Corner Lot) 150.02’ 135.91 (Corner Lot) Proposed Lot 1 7,803.40 60’ (Corner Lot) 130.91’ 60’ (Corner Lot) Proposed Lot 2 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Interior Lot) Proposed Lot 3 5,890.89 45.01’ (Interior Lot) 130.91’ 45.01’ (Interior Lot) Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following statement to support approval of the waiver: “Given the prevailing lot configurations in Block 18, the application proposes to subdivide the existing four parcels into three (3) residential lots with frontages along NW 5th Avenue for the purposes of providing affordable housing. While three (3) 50' wide lots consistent with the surrounding neighborhood could be accommodated, the corner lot is 60' wide to better accommodate the building setback requirements for the corner lot. This required the provision of two (2) 45' wide interior lots. Pursuant to Article 4.7.12 (Other Incentives) specified in the City's Family Workforce Housing Ordinance, lots of record that have at least 40 feet of frontage may be used for Workforce Housing, as long as the workforce housing unit meets the typical designs identified in Article 4.7. As the lots will accommodate affordable housing, the interior side set-backs can be reduced to 5', which can provide a quality 35' wide single family residence on a 45' wide lot. Given the existing development patterns, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. The waiver will not result in a special privilege as similar waivers have been granted under similar circumstances in the past. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. Thus, positive findings can be made with respect to LDR Section 2.4.7(B)(5).” Although staff concurs with the applicant’s basis for approval of the waiver, it is noted that the provisions in LDR Section 4.7.12 apply only to “lots of record”. Therefore, the provision for reduced side setbacks is not applicable to the proposed subdivision. With the required 7.5‘ side setbacks, the maximum building width will be reduced to 30 feet instead of 35 feet on the interior lots. With a 15’ side corner setback and 7.5’ interior setback, the 60’ corner lot can accommodate a maximum building width of 37.5 feet. These building widths are adequate to allow construction of quality affordable single-family homes at this location. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 5 Approval of a decrease in the required lot widths and lot sizes, as proposed, will not have a negative impact on the visual character of the neighborhood area. The existing homes in the area vary widely in size and character. The eclectic nature of the neighborhood will accommodate both one and two-story homes which could be constructed on the proposed lots. Since public facilities are available to service all three lots, a decrease in the width and size has no impact on the provision of those facilities or safety. Other requests to create similar nonconformities under unique circumstances have been previously approved. The “Frysinger properties” located at the southeast corner of S.E. 5th Street and S.E. 4th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth and size. As previously noted, the configuration of the new lots is compatible with existing lots in the surrounding neighborhood. Given the existing development pattern, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. TECHNICAL ITEMS Technical comments from the Environmental Services Department are attached as Appendix “B”, and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the DDA (Downtown Development Authority). Since the proposed subdivision is a CRA project, and is being submitted under the Board’s direction, a separate review by the CRA is unnecessary. Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Neighborhood Advisory Council Delray Citizen’s Coalition Paradise Heights North West Community Improvement Association West Settlers Historic Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to plat the three (3) lot single-family residential development is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 6 The plat will require minor technical modifications, as listed in “Appendix “B” -Technical Items” section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the Preliminary Plat and certification of the Final Plat for the Delray Beach CRA’s NW 5th Avenue Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Delray Beach CRA’s NW 5th Avenue Plat, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the “Technical Items” section (Appendix “B”) of the report be addressed prior to scheduling the plat for City Commission action. Attachments: Appendix A Appendix B Location Map Reduced Plat Reduced Survey P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 7 A P P E N D I X -A S T A N D A R D S F O R P L A T A C T I O N S A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 8 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5th Avenue Plat Page 9 A P P E N D I X -B T E C H N I C A L C O M M E N T S The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Revise Tract “A” dedication language, remove brackets and “The County of Palm Beach.” 2. Revise GUE dedication language to match City 2011 version. 3. Remove seal circles that will not be used. 4. Tie Plat to a section corner. 5. Provide PRMs at the eastern corners of Tract A. 6. Provide title certificate (opinion of title) 7. Provide date lines for Surveyor and Reviewing Surveyor signatures. 8. Receipt of responses for all utility provider notifications. 9. Receipt of a positive determination of School Concurrency from Palm Beach County School District. 10. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 11. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division. 12. Additional comments may follow after review of revised plat. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 27, 2012 SUBJECT: AGENDA ITEM 9.B. -REGULAR COMMISSION MEETING OF MAY 1, 2012 PROPOSAL FOR AN INNOVATION CORRIDOR MARKETING PLAN ITEM BEFORE COMMISSION Consideration of a Phase II proposal, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor (Congress Avenue). BACKGROUND Our consultant from Sperry Van Ness, Mr. David Wilk, has submitted the attached proposal entitled Implementation of the Real Estate Strategic Market Plan, to assist the City in kick starting redevelopment of the Congress Avenue Corridor, and the IWA (formerly Office Depot) property in particular. The proposal envisions 60 days of intensive activity to generate momentum for this important project. This assistance is especially critical at this time as offers have been made for residential development of the IWA property, which we believe is not in keeping with the City's vision for this area. The proposal envisions less effort being required over the following six months. In keeping with the anticipated work required, the proposed fee is $5,000 per month for the first two months, and $2,500 per month for the remainder of the year. FUNDING SOURCE For FY 2012, City Manager's contingency account. RECOMMENDATION I recommend approval of the proposed agreement subject to a provision being added which would allow the City to terminate the agreement at our discretion. www. s v n . c om Phase II Proposal Implementation of the Real Estate Strategic Marketing Plan Presented To: Mr. David Harden, City Manager, Delray Beach, Florida April, 2012 One Ri ve rwal k Cent re, 11 0 S. Poplar St reet , Wi lmington, DE 19801 P: 302 -54 0-595 9 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. www. s v n . c om April 10, 2012 Mr. David Harden City of Delray Beach City Hall Delray Beach, FL 33444 RE: Phase II -Implementation of Strategic Marketing Plan -Delray Beach Innovation Corridor Dear Mr. Harden: Following up on our meeting last Thursday with Richard and Vin Nolan, I am providing this engagement letter for the next phase of real estate advisory and consulting services on the newly designated Delray Beach Innovation Corridor (“DBIC”) and Park. The purpose of this Phase II proposal will be to build on the Phase I work of creating the Delray Beach Innovation Corridor and Park branding strategies for the IWA property, leading the way for additional demand and momentum for other underutilized land parcels along Congress Avenue in Delray Beach. The following points set forth our proposed efforts and next steps for Phase II:  Our role in Phase II will be to work closely with City leadership to engage with key stakeholders on the new strategy and vision for the DBIC (Office Depot owners, neighboring property owners, state and local politicians, community groups, gov’t, infrastructure agencies, real estate brokers and investors) in order to generate great publicity, market reaction and real estate demand momentum.  Phase II will be set up to advance the repositioning and rebranding strategy for the “Delray Beach Innovation Corridor” from concept to reality through facilitating a process in which a new development plan and private investors will reinvent the IWA site into the “Delray Beach Innovation Park”. The specific steps will include, but not be limited to: 1) Meetings with the owners of IWA to discuss how to accommodate IWA’s exit strategy and pricing parameters without losing the ability to make this property a key element for DBIC. 2) Bringing in potential investors and partners to redevelop the IWA property into the Delray Beach Innovation Park, and though it’s unique mix of uses, the Park will become the main destination draw for the DBIC. One Ri ve rwal k Cent re, 11 0 S. Poplar St reet , Wi lmington, DE 19801 P: 302 -54 0-595 9 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. www. s v n . c om 3) Working closely with Vin, Richard, the City, CRA, BDB, and real estate community to develop the necessary financing structure, planning, infrastructure, and economic development programming to insure that DBIC captures new demand from local, regional, and national users. 4) Capitalizing on the redevelopment of the IWA property (into the Delray Beach Innovation Park) to create a “domino effect” on adjacent parcels along Congress Avenue between Atlantic and the Boca border. 5) Introducing sustainable energy (with solar and renewable fuel cells) to power the redevelopment of the DBIC with Richard, FPL, and green energy contacts. 6) Spending significant time working with nearby property owners (Harddrives, Arbors, vacant land being offered for sale, and Delray Corp Ctr) to include them as a key part of the positive momentum to be created for DBIC.  Phase II will begin by planning a major PR event (in the form of a press conference) to launch the DBIC brand and concept, along with the new Financial Incentive Program recently passed by the City Commission, and featuring state, county, city and congressional officials.  We would then build on the new PR with the existing owners of IWA by advancing a strategy (RFP process or arranged sale with developer groups) that exposes their property to the market at optimal value to create a “win-win” result and their support for the DBIC plan.  We would then intensify our outreach from the DBIC launch to targeting specific users who will be ideal fits for the DBIC and Innovation Park. These targeting efforts will lead to new economic development activity and jobs by working in tandem with BDB, CRA, real estate partners, and the overall Delray and Boca business communities.  The ultimate intent of the Phase II process will be to close (or put under contract) some initial transactions that build credibility and new energy for the DBIC, which will feed on itself in growing additional demand in the short term for Delray Beach. David J. Wilk, CRE, MAI will manage Phase II of the project and work closely with the office of the City Manager, Vin Nolan, Richard Reade, to move Phase II forward in the most expeditious and successful way. We anticipate that Phase II will span from the acceptance of this engagement letter through the end of 2012, when we will be in a better position to address next steps and goals for the process. We will provide regular updates on our activities in terms of deal flow, opportunity areas, new property activity, pending market transactions, and targeting efforts for new users. All of these activities will be completed in concert with the continued elevation of the DBIC brand and driving maximum benefits, new residents, and jobs to the Delray Beach economy. One Ri ve rwal k Cent re, 11 0 S. Poplar St reet , Wi lmington, DE 19801 P: 302 -54 0-595 9 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. www. s v n . c om We suggest that our Phase II advisory fees be structured in a way that allows us to focus heavily over the next 60 days (4/15 to 6/15) on launching our market and PR announcements, getting buyin from the IWA property owners to participate in the DBIC initiative, packaging the financial incentives for BDB, and creating initial new user deals and development interest in the DBIC prior to the end of June. Following this initial process of teeing up the IWA property owners, and getting some initial deals underway with BDB and other real estate stakeholders, we would work closely with Vin and Richard to land new users for the DBIC. We suggest a fee structure for the first 60 days of our Phase II work of $5,000 per month plus outof-pocket expenses. Starting at the end of June, and for the remaining six months of 2012, our fee would be $2,500 per month plus out-of-pocket expenses for travel. Thank you for the confidence you have shown in allowing us the opportunity to work with you on this wonderful project. I look forward to delivering significant additional value and benefits to the City of Delray Beach for Phase II in transforming Congress Avenue into the Delray Beach Innovation Corridor and Park. Very truly yours, David J. Wilk, CRE, MAI National Director, Corporate Real Estate & Advisory Services Agreed: Phase II Services By: ____________________________________ One Ri ve rwal k Cent re, 11 0 S. Poplar St reet , Wi lmington, DE 19801 P: 302 -54 0-595 9 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. www. s v n . c om David J. Wilk, CRE, MAI Mr. Wilk is National Director of Corporate Real Estate and Advisory Services for Sperry Van Ness (“SVN”) and Corporate Valuation Advisors (“CVA”). David creates value in today’s market for corporations, private equity firms, developers/investors, and institutions (universities, hospitals, governmental entities) by focusing on real estate strategies that generate new earnings, cost savings and bottom line impact. Within these types of value propositions, Mr. Wilk also provides valuations and market studies, economic development strategies for municipalities through repositioning key properties, and marketing/branding strategies that optimize challenging real estate assets. Mr. Wilk was formerly National Managing Director of Duff & Phelps Corporate Real Estate Advisory Group from 2008 through 2009 after they acquired Greystone Realty Advisors, a boutique advisory firm he founded in 1997. From 1995 to 1997 Mr. Wilk was Regional Director of Corporate Real Estate Services for Ernst & Young LLP in the Middle Atlantic. From 1993 to 1995, Mr. Wilk was Managing Director of the Real Estate Valuation Group for Arthur Andersen in Philadelphia after Andersen acquired Wilk & Associates, Inc., a real estate consulting company founded in 1987. From 1977 to 1987, Mr. Wilk held senior management positions with Valuation Research Corporation, Arthur D. Little, and was National Director of Valuation Services for Kenneth Leventhal & Co in California. Mr. Wilk is an Adjunct Professor and Founder of the Real Estate program at the University of Delaware Lerner Business School. Courses taught since 1988 include Real Estate Finance (FINC 417), Real Estate Development & Investment (FINC 467), and MBA Real Estate Finance (FINC 854). He earned a Bachelor’s Degree in Finance from the University of Delaware and is completing a sequenced Masters and Doctoral Program in Corporate Real Estate Studies through Johns Hopkins University. Mr. Wilk is a Counselor of Real Estate (CRE) and a Member of the Appraisal Institute (MAI) since 1985. He is a Licensed Real Estate Broker and Certified General Appraiser in the State of Delaware. He has also qualified as an expert witness in numerous State and Federal court jurisdictions on a national level. Mr. Wilk has 35 years of real estate experience on commercial, industrial, residential, agricultural, governmental, and institutional real estate projects including having worked in 48 states in the U.S., Canada, Mexico, Europe, South America, the Caribbean, Asia, and the South Pacific. Fortune 500 clients served have included; Johnson & Johnson, Chevron, GE, Berkshire Hathaway, Agilent Technologies, MBNA America Bank, Hercules (Ashland), DuPont, Comcast, AT&T, Exelon Energy, Bristol Myers Squibb, PNC Financial, Bank of America, AstraZeneca, Sun Company, and J.P. Morgan Chase. Real estate consulting highlights from Mr. Wilk’s career include; Pebble Beach, Aspen Ski Resorts, 20th Century Fox Film Studios, Irvine Ranch, Madison Square Garden, Santa Anita Racetrack, Dover Downs, Elvis Presley Enterprises, Hyatt Regency & Four Seasons Resorts in Hawaii, Chevron’s Huntington Beach Company, Marriott’s Great America Theme Parks, Power Plant in Baltimore, Art Deco Hotels in South Beach, Pennsylvania Convention Center and Philadelphia Marriott Hotel, Comcast Cable Systems, Bikini Atoll in Micronesia (South Pacific) University of Pennsylvania Penn Inn, Fort DeRussy in Waikiki, Hawaii. MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Environmental Services Director THROUGH: David T. Harden, City Manager DATE: April 20, 2012 SUBJECT: AGENDA ITEM 9.C. -REGULAR COMMISSION MEETING OF MAY 1, 2012 ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve additional scope in the amount of $2,624.47, for the installation of two (2) heat detectors and one (1) smoke detector required by the State Elevator Inspector; to be paid out of the Contract's Contingency Allowance; for the Pompey Concession Stand Project #10-128. BACKGROUND On October 18, 2011 Commission approved a contract award, in the amount of $456,710.00, to Randolph & Dewdney Construction, Inc. for renovations to the Pompey Concession Stand. On January 17, 2012 Commission approved Change Order No. 1 for a contract time extension of twenty (20) days required to perform additional scope, in the amount of $19,426.50, for the reconstruction of the 2nd floor of the concession stand building. The existing wood structure, damaged by water over an extended period of time, was deemed unsalvageable by the structural engineer. Prior expenditures from this general allowance total $5,033.50, and were approved by the City Manager in accordance with city purchasing procedures. On February 1, 2012 Commission approved the amount of $2,614.50, to be paid out of the contract's contingency allowance, for the relocation and extension of existing low voltage conduit and modification of all flat roof areas. The additional scope, in the amount of $2,624.47, is for the installation of two (2) heat detectors and one (1) smoke detector required by the State Elevator Inspector. The heat detectors will be installed on the first and second landings by the elevator doors; and the smoke detector will be installed in the elevator machine room. Attached is Exhibit "A" which details all costs associated with this work. FUNDING SOURCE Cost to be funded out of Contract's Contingency Allowance, which has a balance of $7,926.50. RECOMMENDATION Staff recommends approval of additional scope in the amount of $2,624.47, for the installation of two (2) heat detectors and one (1) smoke detector required by the State Elevator Inspector; to be paid out of the Contract's Contingency Allowance; for the Pompey Concession Stand Project. MEMORANDUM TO: Mayor and City Commissioners FROM: Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Director of Environmental Services THROUGH: David T. Harden, City Manager DATE: April 20, 2012 SUBJECT: AGENDA ITEM 9.D. -REGULAR COMMISSION MEETING OF MAY 1, 2012 CONTRACT ADDITION (C.O. NO. 3)/FOSTER MARINE CONTRACTORS, INC./AUBURN AVE IMPROVEMENT PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Contract Addition (CO #3) for additional scope in the amount of $40,715.83, for construction of a turn lane required to accommodate the revised Village at Delray development entrance; asphalt overbuild required on SW 8th Street to comply with the new curb and roadway elevations; a total contract time extension of fifty-five (55) days; plus approval in the amount of $6,311.00 for excavation and restoration work to assist the City with the installation of line stops on SW 10th Street; in order for the City to shut down a water main; to be paid out of the contract's Unforeseen Conditions Allowance for the Auburn Ave. Improv. Project #2010-040. BACKGROUND On October 4, 2011, Commission approved a contract award and Change Order No. 1 in the total amount of $1,156,896.00 to Foster Marine Contractors, Inc. The project consists of Roadway and Infrastructure Improvements on Auburn Avenue from SW 7th St. to SW 8th St.; SW 12th and SW 13th Ave. from SW 8th St. to SW 10th St.; SW 8th St. from SW 14th Ave. to SW 12th Ave.; and, SW 10th St. from SW 14th Ave. to SW 12th Ave. The scope of the project includes roadway resurfacing and reconstruction, sidewalks, landscaping, design-build irrigation specifications, paver cross-walks, drainage improvements, on street parking and bus shelters. In addition, new water and sewer infrastructure on SW 12th and 13 Ave. from SW 8th St. to SW 10th St., SW 8th St. from SW 14th Ave. to SW 12th Ave., and SW 10th Street from SW 14th Ave. to SW 12th Ave. On March 9, 2012 the City Manager approved the cost of $6,625.68 associated with converting twelve (12) single water services and twelve (12) single sewer services, to double services. The amount was paid out of the Contract's Unforeseen Conditions Allowance. On April 3, 2012 Commission approved Change Order No. 2 in the total amount of $20,991.00 is for the removal of an additional 260 SY of concrete driveway and 315 LF of concrete sidewalk; and the installation of 310 LF of concrete sidewalk and 2,340 SF of concrete driveway apron. This was required in order to properly match the plan elevations of the proposed roadway adjacent to the existing concrete driveways. Contract Addition (CO #3) is for a total of $40,715.83 including scope as follows: 1. Construction of the Auburn Avenue turn lane to $ 23,140.83 accommodate the revised configuration of the entrance to the Village of Delray development. 2. Asphalt overbuild on SW 8th Street required to match $ 17,575.00 new curb and roadway elevations. A total contract time extension of (55) days is requested as follows: (30) days for the turn lane construction and (25) days for assisting the City with the excavation and restoration associated with the installation of line stops on SW 10th St. in order for the City to shut down a water main. Due to inoperable valves in the existing water main on SW 10th Street, the main cannot be isolated to allow Foster Marine to complete contract work related to connections to that main. In order to assist city crews in using line stops to isolate the main, Foster Marine provided a quote in the amount of $ 6,311.00 for performance of excavation and restoration activities. In an effort to avoid additional costs related to demobilization and remobilization due to project delays, the City Manager authorized the requested work with funding from the Contract's Unforeseen Conditions Allowance; spreadsheet is attached. Also attached, please find the cost details on Exhibit "A" to CO #3. FUNDING SOURCE $40,715.83 To be Funding from 334-3162-541-68.65 (General Construction Fund/Other Improvement/Auburn Ave Improvements). $6,311.00 To be funded out of the Contract's Unforeseen Conditions Allowance, which has a balance of $12,383.32. RECOMMENDATION Staff recommends approval of Contract Addition (CO #3) for additional scope, in the amount of $40,715.83, for the construction of a turn lane required to accommodate the new Village at Delray development; asphalt overbuild required on SW 8th Street to comply with the new curb and roadway elevations; a total contract time extension of fifty-five (55) days; plus approval, in the amount of $6,311.00, for excavation and restoration work to assist the City with the installation of line stops on SW 10th Street in order for the City to shut down a water main; to be paid out of the contract's Unforeseen Conditions Allowance for the Auburn Ave. Improv. Project. MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 27, 2012 SUBJECT: AGENDA ITEM 9.E. -REGULAR COMMISSION MEETING OF MAY 1, 2012 PROPOSED FY 2013 BUDGET REVIEW SCHEDULE ITEM BEFORE COMMISSION Consideration of a proposed schedule for Commission review of the Fiscal Year 2013 Budget. BACKGROUND Based on several different factors, it appears to me that it would be beneficial for the Commission to take to time to individually review each department and office of the City prior to setting the proposed millage rate. This will allow each Commissioner to become more familiar with the responsibilities assigned to each organizational unit and, hopefully, comfortable with the amount of resources ultimately allocated in the budget for those responsibilities. In order to review the entire General Fund budget before the end of July we will need to schedule some extra budget work sessions over the next two months. A proposed schedule to accomplish this comprehensive review is attached for your consideration. This type of review will also better equip the Commission for reviewing the General Fund budget further in August based on the priortization of functions developed with the assistance of the Center for Priority Based Budgeting. RECOMMENDATION I recommend that the Commission approve the attached schedule, subject to any modifications you may wish to make. PossibleSchedule for City Commission Review of Department Budget Requests May 8 Workshop Meeting Adminstrative Services Services/Clean and Safe Tennis Human Resources City Attorney May 22 Special Meeting City Commission Fire-Rescue May 29 Special Meeting City Clerk Police June 12 Workshop Meeting Parks and Recreation June 26 Special Meeting Public Works Engineering Finance City Manager/PIO July 10 Workshop Meeting Community Improvement Planning and Zoning Other possible meeting dates: July 24 July 31 MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 9.F. -REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Planning & Zoning Board. BACKGROUND There is a vacancy for a regular member to serve on the Planning & Zoning Board due to Mr. Alson Jacquet being elected to the City Commission. The term is unexpired ending August 31, 2013. Appointment is needed for one (1) regular member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. 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 August 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Planning & Zoning Board for an unexpired term ending August 31, 2013. PLANNING AND ZONING BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Appt 08/17/10 Clifford Durden Educator 08/31/2012 Appt 08/17/10 Mark Krall Attorney 08/31/2012 Appt 09/07/10 Craig Spodak Dentistry 08/31/2013 Appt 08/16/11 Gerald Franciosa Accounting/Retired-Law Enforcement 08/31/2012 Unexp Appt 05/15/07 Reappt 08/05/08 Reappt 08/17/10 Cary Glickstein Land Use Attorney 08/31/2013 Unexp Appt Vacant 08/31/2013 Appt 08/18/09 Reappt 08/16/11 Connor Lynch, 2nd Vice Chair Insurance Contact: Denise Valek, x-7041 S/City Clerk/Board 12/Planning & Zoning PLANNING & ZONING EXHIBIT A Jose Aguila Architect (also applying for the Site Plan Review & Appearance Board) David Beale Attorney (also applying for the Site Plan Review & Appearance Board) Jason Bregman Planning & Design/Consultant (also applying for the Site Plan Review & Appearance Board) Ronald Brito General Contractor/President (also applying for the Site Plan Review & Appearance Board; currently serving on the Historic Preservation Board) Aird Cajuste Mental Health Case Manager (also applying for the Site Plan Review & Appearance Board) Michael D’Addio Real Estate Broker Jose Farkas Banking Frank Frione Engineering Consultant/CFO (also applying for the Site Plan Review & Appearance Board) Ronald Gilinsky Sales & Marketing (currently serving on the Code Enforcement Board) James Khalil Consulting/Engineering-President Ralph Morse Retired/Photographer Michael Park Manufacturing/Constructing/Self Employed (currently serving on the Board of Adjustment) Derline Pierre-Louis Plan & Budget Reviewer/President (currently serving on the Education Board) Ria Santos Financial Consultant (also applying for the Site Plan Review & Appearance Board) Jerome Sanzone Building Official (also applying for the Site Plan Review & Appearance Board) Harold Van Arnem Commercial & Residential Developer-Principal Andrew Youngross Engineering Consultant/Principal (also applying for the Site Plan Review & Appearance Board) Jan Hansen Consulting Planner/Project Manager/Vice President Regulatory Affairs MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 9.G. -REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Site Plan Review & Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appearance Board due to the resignation of Mr. Nick Sadowsky. The term is unexpired ending August 31, 2012. Appointment is needed for one (1) regular member. To qualify for appointment, a person shall either be a resident of, or own property in the City, and/or own a business within the City. In addition, the City Commission shall fill five seats on the Board with an architect, landscape architect, realtor/real estate broker, civil engineer, general contractor, sign contractor, land planner or interior designer. The remaining two seats shall be at large. The Commission shall endeavor to appoint as many disciplines as possible to 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 with the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term ending August 31, 2012. RECOMMENDATION Recommend an appointment of one (1) regular member to serve on the Site Plan Review & Appearance Board for an unexpired term ending August 31, 2012. SITE PLAN REVIEW AND APPEARANCE BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Unexp Appt 10/03/06 Reappt 08/19/08 Reappt 08/17/10 Shane Ames, Chair Designer/Architect 08/31/2012 Unexp Appt 08/16/11 Shannon Dawson Business Owner- Property Management/Realtor 08/31/2013 Unexp Appt 01/03/12 Alice Finst Citizen-at-Large 08/31/2012 Appt 08/17/10 Rustem Kupi Architect 08/31/2013 Appt 08/19/09 Reappt 08/16/11 Scott Porten General Contractor 08/31/2012 Appt 09/07/10 Roger DeCapito Landscape & Design 08/31/2012 Unexp Appt Vacant Contact: Rebecca Truxell X-7040 S/City Clerk/Board 12/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect (Also applying for the Planning & Zoning Board) Alejandro Borrero Architect/Project Director Jason Bregman Self-employed consultant/Landscape Architecture (Also applying for the Planning & Zoning Board) Ronald Brito General Contractor/President (Also applying for the Planning & Zoning Board) Mark Gregory Sign Specialist-Sales/Consultant Jerome Sanzone Building Official/General Contractor (Also applying for the Planning & Zoning Board) Chris Stray Landscape Architecture & Design/Interior Design Applicants for At Large Seat: David Beale Business Owner/Attorney (Also applying for the Planning & Zoning Board) Aird Cajuste Mental Health Case Manager (Also applying for the Planning & Zoning Board) Mary-Elizabeth Cohn Educator/Consultant Frank Frione Engineering Consultant/CFO (Also applying for the Planning & Zoning Board) Robert Marks Construction Inspector Ria Santos Financial Consultant (Also applying for the Planning & Zoning Board) Thomas Stanley Attorney Andrew Youngross Engineering Consultant (Also applying for the Planning & Zoning Board) MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: April 24, 2012 SUBJECT: AGENDA ITEM 9.H. -REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Boca Raton Aviation Advisory Committee. BACKGROUND The term for regular member, Mr. Barry Gauch, will expire on May 31, 2012. Mr. Gauch will have served one (1) full term, is eligible and would like to be considered for reappointment. Appointment is needed for one (1) regular member. The Boca Raton Aviation Advisory Committee was created and Bylaws were adopted on June 3, 2002. The Committee includes one member to represent the City of Delray Beach. This member must reside within the boundary of the appointing entity. No elected official or employee of the appointing entity shall be eligible for appointment to the Committee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following individuals have submitted applications and would like to be considered for appointment: Barry Gauch Incumbent Michael Hanuschak Ezekiel Kaufman Robert Victorin A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31, 2014. 12/10 BOCA RATON AVIATION ADVISORY COMMITTEE IN ASSOCIATION WITH THE BOCA RATON AIRPORT AUTHORITY TERM EXPIRES NAME & ADDRESS 05/31/2012 Appt 12/14/10 Barry Gauch Liaison Venice Cobb S/City Clerk/Board 03/Boca Raton Aviation Advisory Committee MEMORANDUM TO: Mayor and City Commissioners FROM: Jasm in Allen, Planner Paul D orling, AICP, D irector Planning and Zoning THROUGH: City M anager DATE: April 25, 2012 SUBJECT: AGENDA ITEM 12.A -REGULAR COMMISSION MEETING OF MAY 1, 2012 ORDINANCE NO. 11-12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulations (LDRs) that clarifies the standards for the approval of docks. BACKGROUND Section 7.9.5 pertaining to the standards for approval of docks states “a dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway”. Under the current requirement docks cannot extend more than eight (8) feet beyond the property line. The strict/verbatim interpretation of the current language would prohibit the construction of docks in those cases where the property line lies in excess of eight feet landward of the waterway; or when the property line lies within the water channel. The proposed amendment eliminates the use of the “property line” as a basis for measurement and replaces the term “nearest the waterway” with the term “water’s edge”. The current requirement for a dock projection of five (5) feet will be maintained in those cases where there are no seawalls or seawalls that do not have batter piles. An additional projection of two (2) feet is proposed to accommodate a dock construction with batter piles. REVIEW BY OTHERS The proposed ordinance was considered by the Planning and Zoning Board on February 27, 2012. After significant discussion, the Board tabled the ordinance on a 4 to 0 vote. The Board raised concerns with excluding the seawall cap as a basis for measurement and recommended that additional input be sought from the Community Improvement (Building) and Engineering Departments. The ordinance was revised to maintain the seawall cap as a basis for measurement as well as to extend the projection by two (2) feet for dock construction with batter piles. The ordinance was before the Planning and Zoning Board on March 19, 2012 at which time the Board recommended approval on a 6 to1 vote (Gerry Franciosa dissenting). Subsequent, to the Planning and Zoning Board meeting, the City Engineer, recommended that the ordinance language be further modified to read “mean low tide”, instead of “low tide”. This change is reflected in the ordinance before the City Commission. RECOMMENDATION By motion, approve Ordinance No. 11-12 on First Reading for a City-initiated amendment to the Land Development Regulations, by adopting the findings of fact and law contained in the staff report and finding that the amendment is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations. ORDINANCE NO. 11-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; 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 6 to 1 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 Section 7.9.5, “Standards for Approval”, 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: Section 7.9.5 Standards for Approval: A dock may be permitted subject to the following conditions: (A) A dock, exclusive of dock pilings, shall not project more than five feet into a waterway from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway. In no case shall the dock extend more than eight feet beyond the property line. A dock projection into a waterway, exclusive of dock pilings, shall be designed by one of the following methods: i. If no existing seawall: Five (5) feet as measured from the water’s edge at mean low tide. 2 ORD. NO. 11-12 ii. If existing or proposed seawall without batter piles: Five (5) feet as measured from the face of the seawall. iii. If existing or proposed seawall with or without a seawall cap with batter piles: Seven (7) feet as measured from the face of the seawall. (B) When plot frontage exists along a body of water, only one dock is permitted. The dock shall not extend any closer than ten feet to the property line of adjacent property or the distance established for the side yard setback whichever is greater. (C) At least one ladder extending from the dock surface to two feet below the mean low waterline shall be provided for each dock. Section 2. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________ P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 2 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 pr ovision of, needed capital improvements for the following areas: Water and Sewer: Water and sewer service are available via connection to existing 8 inch water and sewer mains in NW 5 th Avenue or NW 2 nd Street . Pursuant to the Comprehensive Plan, treatm ent capacity is available at the City’s Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Drainage: Although engineering plans have not be submitted, storm water drainage will be accommodated on each lot via sheet flow to swales within the lots and adjacent to the roadway . The swales will have to be designed to accommodate the required storm water stor age. Drainage will be reviewed as part of the building permit process. Based upon the above, positive findings with respect to this level of service standard can be made. Streets and Traffic: With the additional two single -family lots, the project will ge nerate a net increase of twenty (20 ) daily trips . This impact is minimal and r esidential development, east of I - 95, is exempt from Palm Beach County traffic concurrency standards. Parks and Recreation Facilities: The Open Space and Recreation Element of t he City’s Comprehensive Plan indicates in its conclusion that “The City will have sufficient recreation facilities at build -out to meet the adopted standards”. A park impact fee is collected to offset any impacts that the project may have on the City’s re creational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for the project . A total fee of $1 ,5 00 will be required of this development for parks and recreati on purposes. Solid Waste: The proposed three (3 ) single -family homes will generate 5 .9 7 tons of solid waste per year (3 units x 1.99 tons = 5 .9 7 tons). Without this subdivision, a single -family home constructed on the existing lot would generate 1.99 tons of solid waste per year. Therefore, the development proposal would result in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 20 47 , thus a positive finding with respect to this level of service standard can be made. Schools: The School Concurrency application has been submitted to the Palm Beach County School District , but a response has not been received as of this d ate. Receipt of a positive determination of school concurrency is attached as a condition of approval. Section 3.1.1 (C) - Consistency : Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (St andards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. As described in Appendix “A”, a positive finding for consistency can be made as it relates to Standards for Plat Actions. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 3 Section 3 .1.1 (D) - Compliance with the Land Development Regulations: LDR Section 5.3.1(A) (Plat Required): A plat is required for the subdivision of any lot, tract or parcel of land. The property will be divided into 3 single -family lots and Tract “A”, which is b eing dedicated for public road right - of -way. LDR Section 5.3.1(Right -of -Way Dedication): Per LDR Section 5.3.1(A), streets, public or private, shall be shown on all subdivision plats as tracts dedicated for such purposes. A n additional 5’ right -of -way a nd 10’ corner clip is being dedicated for NW 5 th Avenue on the plat. Comprehensive Plan Policies: A review of the goals, objectives, and policies of the adopted Comprehensive Plan was conducted and the applicable Objective was noted: Future Land Use El ement Objective A -1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs . There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development. The property is s urrounded on the north, east and west sides by single -family homes and on the south side by commercial development . Although t he re are a variety of lot sizes in the neighborhood, the majority of the single -family lots are 50 feet in width. D evelopment of t he subject property is proposed in a manner appropriate and complementary to the surrounding neighborhood . LDR Section 2.4.7 (B)(5) (Required Findings for the Granting of Waivers) Pursuant to LDR Section 4.3.1(D), lots or yards created after October 1, 1990 shall meet the minimum requirements established by Chapter 4, unless the City Commission declares at the time of approval of an associated development application, that it is necessary and appropriate to create such nonconformity . Pursuant to Section 4.3.4(c ), lot width is “The mean horizontal distance between the side lines of a lot measured at right angles to the depth. Other than at this point, the width of a lot may be less than the minimum set forth in the matrix.” By this definition, the existing property ha s a width of 135.91 feet and front s on M artin Luther King, Jr . D rive (NW 2 nd Street). With the replat, all three of the proposed lots in this subdivision will front on NW 5 th Avenue . None of the proposed lots meet the LDR requirements for lot w idth or frontage and Lots 2 and 3 do not meet the minimum size requirement s . Pursuant to LDR Section 4.3.1(D), the applicant has requested a waiver to LDR Section 4.3.4(K) (Development Standards Matrix) to allow a reduction in the lot width and size below the minimum requirement for the proposed lots . As noted in the following table, t he proposed 60 ’ width/frontage for Lot 1, which is a corner lot, is deficient by 15’ (minimum 80 ’ require d ). This lot meet s the minimum size and depth requirements. The propo sed 45.01’ width/frontage for Lots 2 and 3 is deficient by 14.99 ; (minimum 60’ require d ). At 5,890.89 square feet, t hese two lots are also deficient in size by 1,609.11 square feet (7,500 sq. ft. required). Both lots meet the minimum depth requirements. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 4 Existing and Proposed Lot Dimensions Lot Size (Square Feet) Lot Width Interior/Corner Lot Depth Lot Frontage Interior/Corner Minimum Required 7,500 60’/80’ 100’ 60’/80’ Existing Property 20,386.80 135.91 (Corner Lot) 150.02’ 135.91 (Corner Lot) Proposed Lot 1 7,803.40 60’ (Corner Lot) 130.91’ 60’ (Corner Lot) Proposed Lot 2 5,890.89 45.01 ’ (Interior Lot ) 130.91’ 45.01’ (Interior Lot ) Proposed Lot 3 5,890.89 45.01’ (Interior Lot ) 130.91’ 45.01’ (Interior Lot ) Pursuant to LDR Sectio n 2.4.7(B)(5), prior to granting a waiver, the granting body shall make findings that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not c reate an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following stateme nt to support approval of the waiver: “Given the prevailing lot configurations in Block 18, the application proposes to subdivide the existing four parcels into three (3) residential lots with frontages along NW 5 th Avenue for the purposes of providing af fordable housing. While three (3) 50' wide lots consistent with the surrounding neighborhood could be accommodated, the corner lot is 60' wide to better accommodate the building setback requirements for the corner lot. This required the provision of two (2) 45' wide interior lots. Pursuant to Article 4.7.12 (Other Incentives) specified in the City's Family Workforce Housing Ordinance, lots of record that have at least 40 feet of frontage may be used for Workforce Housing, as long as the workforce housing u nit meets the typical designs identified in Article 4.7. As the lots will accommodate affordable housing, the interior side set -backs can be reduced to 5', which can provide a quality 35' wide single family residence on a 45' wide lot. Given the existing development patterns, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation. The waiver will not result in a special privilege as similar waivers have been granted under similar circumstances i n the past. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. Thus, positive findings can be made with respect to LDR Section 2.4.7(B)(5).” Although staff concurs with the applicant’s basis for approval of the waiver, it is noted that the provisions in LDR Section 4.7.12 apply only to “lots of record ”. Therefore, the provision for reduced side setbacks is not applicable to the proposed subdivision. With the required 7.5‘ side setbacks, the maximum building width will be reduced to 30 feet instead of 35 feet on the interior lots . With a 15’ side corner setback and 7.5’ interior setback, the 60’ corner lot can accommodate a maximu m building width of 37.5 feet. These building widths are adequate to allow construction of quality affordable single -family homes at this location. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 5 Approval of a decrease in the required lot widths and lot sizes, as proposed, will not have a negative impa ct on the visual character of the neighborhood area. The existing homes in the area vary widely in size and character. The eclectic nature of the neighborhood will accommodate both one and two -story homes which could be constructed on the proposed lots. S ince public facilities are available to service all three lots, a decrease in the width and size has no impact on the provision of those facilities or safety. Other requests to create similar nonconformities under unique circumstances have been previously approved. The “Frysinger properties” located at the southeast corner of S.E. 5 th Street and S.E. 4 th Avenue (Lots 7 & 8, Block #4, Plat of Osceola Park) consisted of two reconfigured lots that were both approved with nonconforming frontage, width, depth an d size. As previously noted, the configuration of the new lots is compatible with existing lots in the surrounding neighborhood. Given the existing development pattern, the waiver will not adversely affect the neighboring area, diminish public facilities, or create an unsafe situation, and an approval would be granted in a similar situation. Based upon the above, it is necessary and appropriate to approve the requested waiver in order to maintain a level of consistency and sustained development within the neighborhood. TECHNICAL ITEMS Technical comments from th e Environmental Services Department are attached as Appendix “B”, and must be addressed prior to scheduling of the plat for City Commission. While the re are remaining comments , they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the DDA (Downtown Development Authority). Since the proposed subdivision is a CRA project, and is being submitted under the Board’s direction, a separate review by the CRA is unnecessary . Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: Neighborhood Advisory Council Delray Citizen’s Coali tion Paradise Heights North West Community Improvement Association West Settlers Historic Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposal to plat the three (3 ) lot single -family residential d evelopment is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with re spect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findi ngs for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 6 The plat will require minor technical modifications, as listed in “Appendix “B” - Technical Items” section of this report, before it can advance to the City Commission. ALTERNA T IVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the request of the P reliminary Plat and certificat ion of the Final Plat for the Delray Beach CRA’s NW 5 th Avenue Plat , by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations , subject to conditions . C. Ap prove the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Pl at and certification of the Final Plat for the Delray Beach CRA’s NW 5 th Avenue Plat , by adopting the findings of fact and law contained in the staff repor t, and finding that the request is consistent with the Comprehensive Plan and meets criteria set fort h in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condi tion: 1. That all comments under the “Technical Items ” section (Appendix “B”) of the report be addressed prior to scheduling the plat for City Commission action . Attachments: Appendix A Appendix B Location Map Reduced Plat Reduced Survey P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 7 A P P E N D I X - A S T A N D A R D S F O R P L A T A C T I O N S A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicabl e Meets intent of standard X Does not meet intent B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D -1 and D -2 of the Transportation Element. Not applicable Meets intent of standard X Does not meet intent C. Open space enhancements as described in Policies found under Objective B -1 of the Open Space and Recreation Element are appropriately addressed. Not appl icable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification w ill be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planne d in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable Meets intent of standard X Does not meet intent P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 8 F. Vacant property shall be developed in a manner so that the future use and intensity are a ppropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City’s demographic profile, and meet the housing needs identified in the Housing Element. This shall be accom plished through the implementation of policies under Objective B -2 of the Housing Element. Not applicable Meets intent of standard X Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby n eighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waive d or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard D oes not meet intent P&Z Board Staff Report, Meeting of April 16, 2012: Delray Beach CRA’s NW 5 th Avenue Plat Page 9 A P P E N D I X - B T E C H N I C A L C O M M E N T S The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Revise Tract “A” dedication language, remove brackets and “The County of Palm Beach.” 2. Revise GUE dedication language to match City 2011 vers ion. 3. Remove seal circles that will not be used. 4. Tie Plat to a section corner. 5. Provide PRMs at the eastern corners of Tract A. 6. Provide title certificate (opinion of title) 7. Provide date line s for Surveyor and Reviewing Surveyor signatures. 8. Receipt of r esponses for a ll utility provider notifications. 9. Receipt of a positive determination of S chool C oncurrency from Palm Beach County School District. 10. A digital copy of plat to be recorded in AutoCAD dwg or dxf format will be required prior to issuance of a permit from the Building Department. 11. Provide a response letter with a detailed description of how each of these comments has been addressed with next submittal of revised plans. In addition, please ensure a complete set is provided for the City of Delray Beach Engineering Division . 12. Additional comments may follow after review of revised plat. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:April 27, 2012 SUBJECT:AGENDA ITEM 9.B. - REGULAR COMMISSION MEETING OF MAY 1, 2012 PROPOSAL FOR AN INNOVATION CORRIDOR MARKETING PLAN ITEM BEFORE COMMISSION Consideration of a Phase II proposal, Implementatio n of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor (Congress Aven ue). BACKGROUND Our consultant from Sperry Van Ness, Mr. David Wilk , has submitted the attached proposal entitled Implementation of the Real Estate Strategic Market Plan, to assist the City in kick starting redevelopment of the Congress Avenue Corridor, and the IWA (formerly Office Depot) property in particular. The proposal envisions 60 days of inte nsive activity to generate momentum for this important project. This assistance is especially c ritical at this time as offers have been made for residential development of the IWA property, which we believe is not in keeping with the City's vision for this area. The proposal envisions less effort being required over the following six months. In keeping with the anticipated work required, the proposed fee is $5,000 per month for the first two months, and $2,500 per month for the remainder of t he year. FUNDING SOURCE For FY 2012, City Manager's contingency account. RECOMMENDATION I recommend approval of the proposed agreement subj ect to a provision being added which would allow the City to terminate the agreement at our discreti on. w w w . s v n . c o m Phase II Proposa l Implementation of the Real Estate Strategic Marketing Plan Presented To: Mr. David Harden, City Manager , Delray Beach, Florida April, 2012 One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 -540 -5959 All S perry Van Ness® office s independently owned and operated. ©2008, 20 10 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. w w w . s v n . c o m April 10 , 2012 Mr. David Harden City of Delray Beach City Hall Delray Beach, FL 33444 RE: Ph ase II - Implementation of Strategic Marketing Plan - Delray Beach Innovation Corri dor Dear Mr. Harden : Following up on our meeting last Thursday with Richard and Vin Nolan, I am providing this engagement letter for the next phase of real estate advisory and co nsulting services on the newly designated Delray Beach Innovation C orridor (“DBIC”) and Park . The purpose of this Pha se II proposal will be to build on the Phase I work of creating the Delray Beach Innovation Corridor and Park branding strategies f o r t h e I W A p r o p e r t y , lead ing the way for additional demand and momentum for other underutilized land parcels along Congress Avenue in Delray Beach. The following points set forth our proposed efforts and next steps for Phase II:  Our role in Phase II will be to work closely with City leadership to engage with key stakeholders on the new strategy and vision for the DBIC (Office Depot owners, neighboring property owners, state and local politicians, community groups, gov ’t, infrastructure agencies , real estate brokers and investors ) in order to generate great pub lic ity, market reaction and real estate demand momentum .  Phase II will be set up to advance the repositi oning and re branding strategy for the “Delray Beach Innovation Corridor” from concept to reality through facilitating a process in which a new development plan and private investors will reinvent the IWA site into the “Delray Beach Innovation Park”. The specific steps will include , but not be limited to : 1) M eeting s with the owners of IWA to discuss how to accommodate IWA’s exit strategy and pricing parameters without losing the ability to make this property a key element for DBIC. 2) Bring ing in potential investors and partners to redevelop the IWA property in to the Delray Beach Innovation Park, and though it’s unique mix of uses , the Park will become the main destination draw for the DBIC . One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 -540 -5959 All S perry Van Ness® office s independently owned and operated. ©2008, 20 10 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. w w w . s v n . c o m 3) Work ing closely with Vin , Richard, the City, CRA, BDB, and real estate community to develop the necessary financing structure, planning, infrastructure , and economic development programming to insure that DBIC c aptures ne w demand from local, regional, and national users. 4) Capitalizing on t he redevelopment of the IWA property (into the Delray Beach I nnovation Park ) to create a “domino effect” on ad jacent p arcel s along Congress Avenue between Atlantic and the Boca border . 5) I ntrodu cing sustainable energy (with solar and renewable fuel cells ) to power the redevelopment of the DBIC with Richard , FPL, and green energy contacts . 6) S pend ing significant time working with nearby property owners (Harddrives, Arbors, vacant land being offered for s a le, and Delray Corp Ctr) to include them as a key part of the positive momentum to be created for DBIC.  Phase II will begin by pl anning a major PR event (in the form of a press conference ) to launch the DBIC brand and concept , along with the new Financial Incentive Program recently passed by the City Commission , and featuring state, county, c ity and congressional officials .  W e would then build on the new PR with the existing owners of IWA by advancing a str ategy (RFP process or arranged sale with developer groups) that expose s their property to the market at optimal value to create a “win -win” result and their support for the DBIC plan.  We wou ld then intensify our outreach from the DBIC launch to targeting specific users who will be ide al fits for the DBIC and Innovation Park . The se targeting efforts will lead to new economic development activity and jobs by working in tandem with BDB, CRA, real estate partners , and the overall Delray and Boca business communities .  The ultimate intent of the Phase II process will be to clos e (or put under contract) some initial transactions t hat build credibility and new energy f or the DBIC , which will feed on itself in grow ing additional demand in the short term for Delray Beach. David J. Wilk, CRE, MAI will manage Phase II of the project and work closely with the office of the City Manager, Vin Nolan, Richard Reade, to move Phase II forward in the most expeditious and successful way. We anticipate that P hase II will span from the acceptance of this engagement letter through the end of 2012 , when we will be in a better position to address next steps and goals for the process. We will provide regular updates on our activit ies in terms of deal flow, opportunity areas, new property activity , pending market transactions , and target ing efforts for new users . All of these activit ies will be completed in concert with the continu e d elevation of the DBIC brand and driving m aximum benefits , new residents, and jobs to the Delray Beach economy. One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 -540 -5959 All S perry Van Ness® office s independently owned and operated. ©2008, 20 10 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. w w w . s v n . c o m We suggest that our Phase II advisory fees be structured in a way that allows us to focus heavily over the next 60 days (4/15 to 6/15) on launching our market and PR announcements, getting buy - in from the IWA property owners to participate in the DBIC initiative, packaging the financial incentives for BDB, and creating initial new user deals and development interest in the DBIC prior to the end of June. Following this initial process of teeing up the IWA property owners, and getting some initial deals underway wi th BDB and other r eal estate stakeholders, we would work closely with Vin and Richard to land new users for the DBIC . We suggest a fee structure for the fi rst 6 0 days of our Phase II work of $5,0 00 per month plus out - of -pocket expenses . Starting at the end of Ju ne, and f or the r emaining six months of 2012, our fee would be $2,500 per month plus out -of -pocket expenses for travel . Thank you for the confidence you have shown in allowing us the opportunity to work with you on this wonderful project. I look forward to deliver ing significant additional value and benefits to the City of Delray Beach for Phase II in transforming Congress Avenue into the Delray Beach Innovation Corridor and Park . Very truly yours, David J. Wilk, CRE, MAI National Director, Corporate Real Estate & Advisory Services Agreed: Phase I I Services By: ____________________________________ One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302 -540 -5959 All S perry Van Ness® office s independently owned and operated. ©2008, 20 10 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corporation. w w w . s v n . c o m David J. Wilk, CRE, MAI Mr. Wilk is National Director of Corporate Real Estate and Advisory Services for Sperry Van Ness (“SVN”) and Corporate Valuation Advisors (“CVA”). David creates value in today’s market for corporations, private equity firms, developers/investors, and inst itutions (universities, hospitals, governmental entities) by focusing on real estate strategies that generate new earnings, cost savings and bottom line impact. Within these types of value propositions, Mr. Wilk also provides valuations and market studies , economic development strategies for municipalities through repositioning key properties, and marketing/branding strategies that optimize challenging real estate assets. Mr. Wilk was formerly National Managing Director of Duff & Phelps Corporate Real Es tate Advisory Group from 2008 through 2009 after they acquired Greystone Realty Advisors, a boutique advisory firm he founded in 1997. From 1995 to 1997 Mr. Wilk was Regional Director of Corporate Real Estate Services for Ernst & Young LLP in the Middle A tlantic. From 1993 to 1995, Mr. Wilk was Managing Director of the Real Estate Valuation Group for Arthur Andersen in Philadelphia after Andersen acquired Wilk & Associates, Inc., a real estate consulting company founded in 1987. From 1977 to 1987, Mr. Wi lk held senior management positions with Valuation Research Corporation, Arthur D. Little, and was National Director of Valuation Services for Kenneth Leventhal & Co in California. Mr. Wilk is an Adjunct Professor and Founder of the Real Estate program at the University of Delaware Lerner Business School. Courses taught since 1988 include Real Estate Finance (FINC 417), Real Estate Development & Investment (FINC 467), and MBA Real Estate Finance (FINC 854). He earned a Bachelor’s Degree in Finance from th e University of Delaware and is completing a sequenced Masters and Doctoral Program in Corporate Real Estate Studies through Johns Hopkins University. Mr. Wilk is a Counselor of Real Estate (CRE) and a Member of the Appraisal Institute (MAI) since 1985. H e is a Licensed Real Estate Broker and Certified General Appraiser in the State of Delaware. He has also qualified as an expert witness in numerous State and Federal court jurisdictions on a national level. Mr. Wilk has 35 years of real estate experience on commercial, industrial, residential, agricultural, governmental, and institutional real estate projects including having worked in 48 states in the U.S., Canada, Mexico, Europe, South America, the Caribbean, Asia, and the South Pacific. Fortune 500 c lients served have included; Johnson & Johnson, Chevron, GE, Berkshire Hathaway, Agilent Technologies, MBNA America Bank, Hercules (Ashland), DuPont, Comcast, AT&T, Exelon Energy, Bristol Myers Squibb, PNC Financial, Bank of America, AstraZeneca, Sun Compa ny, and J.P. Morgan Chase. Real estate consulting highlights from Mr. Wilk’s career include; Pebble Beach, Aspen Ski Resorts, 20th Century Fox Film Studios, Irvine Ranch, Madison Square Garden, Santa Anita Racetrack, Dover Downs, Elvis Presley Enterprises , Hyatt Regency & Four Seasons Resorts in Hawaii, Chevron’s Huntington Beach Company, Marriott’s Great America Theme Parks, Power Plant in Baltimore, Art Deco Hotels in South Beach, Pennsylvania Convention Center and Philadelphia Marriott Hotel, Comcast Ca ble Systems, Bikini Atoll in Micronesia (South Pacific) University of Pennsylvania Penn Inn, Fort DeRussy in Waikiki, Hawaii. MEMORANDUM TO:Mayor and City Commissioners FROM:Bob Diaz, Construction Manager Rafael Ballestero, Deputy Director of Construction Richard C. Hasko, P.E., Environmental Services Dire ctor THROUGH:David T. Harden, City Manager DATE:April 20, 2012 SUBJECT:AGENDA ITEM 9.C. - REGULAR COMMISSION MEETING OF MAY 1, 2012 ADDITIONAL SCOPE/RANDOLPH & DEWDNEY CONSTRUCTION, INC. ITEM BEFORE COMMISSION This item is before the Commission to approve addit ional scope in the amount of $2,624.47, for the installation of two (2) heat detectors and one (1) smoke detector required by the State Elevator Inspector; to be paid out of the Contract's Conting ency Allowance; for the Pompey Concession Stand Project #10-128. BACKGROUND On October 18, 2011 Commission approved a contract award, in the amount of $456,710.00, to Randolph & Dewdney Construction, Inc. for renovatio ns to the Pompey Concession Stand. On January 17, 2012 Commission approved Change Orde r No. 1 for a contract time extension of twenty (20) days required to perform additional scope, in the amount of $19,426.50, for the reconstruction of the 2nd floor of the concession stand building. Th e existing wood structure, damaged by water over an extended period of time, was deemed unsalvageable b y the structural engineer. Prior expenditures from this general allowance total $5,033.50, and were ap proved by the City Manager in accordance with city purchasing procedures. On February 1, 2012 Commission approved the amount of $2,614.50, to be paid out of the contract's contingency allowance, for the relocation and exten sion of existing low voltage conduit and modification of all flat roof areas. The additional scope, in the amount of $2,624.47, i s for the installation of two (2) heat detectors an d one (1) smoke detector required by the State Elevator I nspector. The heat detectors will be installed on the first and second landings by the elevator doors; an d the smoke detector will be installed in the eleva tor machine room. Attached is Exhibit "A" which details all costs ass ociated with this work. FUNDING SOURCE Cost to be funded out of Contract's Contingency All owance, which has a balance of $7,926.50. RECOMMENDATION Staff recommends approval of additional scope in th e amount of $2,624.47, for the installation of two (2) heat detectors and one (1) smoke detector requi red by the State Elevator Inspector; to be paid out of the Contract's Contingency Allowance; for the Pompe y Concession Stand Project. MEMORANDUM TO:Mayor and City Commissioners FROM:Rafael Ballestero, Deputy Director of Construc tion Richard C. Hasko, P.E., Director of Environmental S ervices THROUGH:David T. Harden, City Manager DATE:April 20, 2012 SUBJECT:AGENDA ITEM 9.D. - REGULAR COMMISSION MEETING OF MAY 1, 2012 CONTRACT ADDITION (C.O. NO. 3)/FOSTER MARINE CONTRACTORS, INC./AUBURN AVE IMPROVEMENT PROJECT ITEM BEFORE COMMISSION This item is before the Commission to approve a Con tract Addition (CO #3) for additional scope in the amount of $40,715.83, for construction of a turn la ne required to accommodate the revised Village at Delray development entrance; asphalt overbuild requ ired on SW 8th Street to comply with the new curb and roadway elevations; a total contract time exten sion of fifty-five (55) days; plus approval in the amount of $6,311.00 for excavation and restoration work to assist the C ity with the installation of line stops on SW 10th Street; in order for the City to shut down a water main; to be paid out of the contract's Unforeseen Conditions Allowance for the Auburn Ave. Improv. Project #2010-040. BACKGROUND On October 4, 2011, Commission approved a contract award and Change Order No. 1 in the total amount of $1,156,896.00 to Foster Marine Contractor s, Inc. The project consists of Roadway and Infrastructure Improvements on Auburn Avenue from S W 7th St. to SW 8th St.; SW 12th and SW 13th Ave. from SW 8th St. to SW 10th St.; SW 8th St. fro m SW 14th Ave. to SW 12th Ave.; and , SW 10th St. from SW 14th Ave. to SW 12th Ave. The scope of the project includes roadway resurfacing and reconstruction, sidewalks, landscaping, design-buil d irrigation specifications, paver cross-walks, drainage improvements, on street parking and bus sh elters. In addition, new water and sewer infrastructure on SW 12th and 13 Ave. from SW 8th S t. to SW 10th St., SW 8th St. from SW 14th Ave. to SW 12th Ave., and SW 10 th Street from SW 14th Ave. to SW 12th Ave. On March 9, 2012 the City Manager approved the cost of $6,625.68 associated with converting twelve (12) single water services and twelve (12) single s ewer services, to double services. The amount was paid out of the Contract's Unforeseen Conditions Al lowance. On April 3, 2012 Commission approved Change Order N o. 2 in the total amount of $20,991.00 is for the removal of an additional 260 SY of concrete driveway and 315 LF of concrete sidewalk; and the installation of 310 LF of concrete sidewalk and 2,3 40 SF of concrete driveway apron. This was required in order to properly match the plan elevat ions of the proposed roadway adjacent to the existi ng concrete driveways. Contract Addition (CO #3) is for a total of $40,715 .83 including scope as follows: 1. Construction of the Auburn Avenue turn lan e to $ 23,140.83 accommodate the revised configuration of the entrance to the Village of Delray develop ment. 2. Asphalt overbuild on SW 8th Street require d to match $ 17,575.00 new curb and roadway elevations. A total contract time extension of (55) days is req uested as follows: (30) days for the turn lane construction and (25) days for assisting the City w ith the excavation and restoration associated with the installation of line stops on SW 10th St. in order for the City to shut down a water main. Due to inoperable valves in the existing water main on SW 10th Street, the main cannot be isolated to allow Foster Marine to complete contract work relat ed to connections to that main. In order to assist city crews in using line stops to isolate the main, Fost er Marine provided a quote in the amount of $ 6,311.00 for performance of excavation and restorat ion activities. In an effort to avoid additional c osts related to demobilization and remobilization due to project delays, the City Manager authorized the requested work with funding from the Contract's Unforeseen Conditions Allowance; spreadsheet is attached. Also attached, please find the cost deta ils on Exhibit "A" to CO #3. FUNDING SOURCE $40,715.83 To be Funding from 334-3162-541-68.65 (General Construction Fund/Other Improvement/Auburn Ave Improvements). $6,311.00 To be funded out of the Contract's Unfore seen Conditions Allowance, which has a balance of $12,383.32. RECOMMENDATION Staff recommends approval of Contract Addition (CO #3) for additional scope, in the amount of $40,715.83, for the construction of a turn lane req uired to accommodate the new Village at Delray development; asphalt overbuild required on SW 8th S treet to comply with the new curb and roadway elevations; a total contract time extension of fift y-five (55) days; plus approval, in the amount of $6,311.00, for excavation and restoration work to assist the C ity with the installation of line stops on SW 10th Street in order for the City to shut down a water main; to be paid out of the contract's Unforeseen Conditions Allowance for the Auburn Ave. Improv. Project. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:April 27, 2012 SUBJECT:AGENDA ITEM 9.E. - REGULAR COMMISSION MEETING OF MAY 1, 2012 PROPOSED FY 2013 BUDGET REVIEW SCHEDULE ITEM BEFORE COMMISSION Consideration of a proposed schedule for Commission review of the Fiscal Year 2013 Budget. BACKGROUND Based on several different factors, it appears to m e that it would be beneficial for the Commission to take to time to individually review each department and office of the City prior to setting the propos ed millage rate. This will allow each Commissioner to become more familiar with the responsibilities assigned to each organizational unit and, hopefully , comfortable with the amount of resources ultimately allocated in the budget for those respon sibilities. In order to review the entire General Fund budget b efore the end of July we will need to schedule some extra budget work sessions over the next two months . A proposed schedule to accomplish this comprehensive review is attached for your considera tion. This type of review will also better equip the Comm ission for reviewing the General Fund budget further in August based on the priortization of fun ctions developed with the assistance of the Center for Priority Based Budgeting. RECOMMENDATION I recommend that the Commission approve the attache d schedule, subject to any modifications you may wish to make. PossibleSchedule for City Commission Review of Department Budget Requests May 8 Workshop Meeting Adminstrative Services Services/Clean and Safe Tennis Human Resources City Attorney May 22 Special Meeting City Commission Fire-Rescue May 29 Special Meeting City Clerk Police June 12 Workshop Meeting Parks and Recreation June 26 Special Meeting Public Works Engineering Finance City Manager/PIO July 10 Workshop Meeting Community Improvement Planning and Zoning Other possible meeting dates: July 24 July 31 MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 9.F. - REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE PLANNING & ZONING BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Planning & Zoning Board. BACKGROUND There is a vacancy for a regular member to serve on the Planning & Zoning Board due to Mr. Alson Jacquet being elected to the City Commission. The t erm is unexpired ending August 31, 2013. Appointment is needed for one (1) regular mem ber. In order to qualify for appointment, a person shall be either a resident of, own property, own a busin ess or be an officer, director or manager of a business located within the City of Delray Beach. The following individuals have submitted applicatio ns 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 endin g August 31, 2013. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Planning & Zoning Board for an unexpired term ending August 31, 2013. PLANNING AND ZONING BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Appt 08/17/10 Clifford Durden Educator 08/31/2012 Appt 08/17/10 Mark Krall Attorney 08/31/2012 Appt 09/07/10 Craig Spodak Dentistry 08/31/2013 Appt 08/16/11 Gerald Franciosa Accounting/Retired- Law Enforcement 08/31/2012 Unexp Appt 05/15/07 Reappt 08/05/08 Reappt 08/17/10 Cary Glickstein Land Use Attorney 08/31/2013 Unexp Appt Vacant 08/31/2013 Appt 08/18/09 Reappt 08/16/11 Connor Lynch, 2 nd Vice Chair Insurance Contact: Denise Valek, x-7041 S/City Clerk/Board 12/Planning & Zoning PLANNING & ZONING EXHIBIT A Jose Aguila Architect (also applying for the Site Plan Review & Appearance Board) David Beale Attorney (also applying for the Site Plan Review & Appearance Board) Jason Bregman Planning & Design/Consultant (also applying for the Site Plan Review & Appearance Board) Ronald Brito General Contractor/President (also applying for the S ite Plan Review & Appearance Board; currently serving on the Historic Preservation Board) Aird Cajuste Mental Health Case Manager (also applying for t he Site Plan Review & Appearance Board) Michael D’Addio Real Estate Broker Jose Farkas Banking Frank Frione Engineering Consultant/CFO (also applying for the Si te Plan Review & Appearance Board) Ronald Gilinsky Sales & Marketing (currently serving on the Code Enforceme nt Board) James Khalil Consulting/Engineering-President Ralph Morse Retired/Photographer Michael Park Manufacturing/Constructing/Self Employed (currentl y serving on the Board of Adjustment) Derline Pierre-Louis Plan & Budget Reviewer/President (current ly serving on the Education Board) Ria Santos Financial Consultant (also applying for the Site Plan Review & Appearance Board) Jerome Sanzone Building Official (also applying for the Site P lan Review & Appearance Board) Harold Van Arnem Commercial & Residential Developer-Principal Andrew Youngross Engineering Consultant/Principal (also applying for the Site Plan Review & Appearance Board) Jan Hansen Consulting Planner/Project Manager/Vice President Reg ulatory Affairs MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE SITE PLAN REVIEW & APPEARANCE BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Site Plan Review & Appearance Board. BACKGROUND There is a vacancy on the Site Plan Review and Appe arance Board due to the resignation of Mr. Nick Sadowsky. The term is unexpired ending August 31, 2 012. Appointment is needed for one (1) regular member. To qualify for appointment, a person shall either b e a resident of, or own property in the City, and/o r own a business within the City. In addition, the Ci ty Commission shall fill five seats on the Board wi th an architect, landscape architect, realtor/real est ate broker, civil engineer, general contractor, sig n contractor, land planner or interior designer. The remaining two seats shall be at large. The Commissi on shall endeavor to appoint as many disciplines as po ssible to the board. The following individuals have submitted applicatio ns 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 w ith the exception of Mr. Borrero. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve an unexpired term endin g August 31, 2012. RECOMMENDATION Recommend an appointment of one (1) regular member to serve on the Site Plan Review & Appearance Board for an unexpired term ending August 31, 2012. SITE PLAN REVIEW AND APPEARANCE BOARD 03/12 TERM EXPIRES REGULAR MEMBERS OCCUPATION 08/31/2012 Unexp Appt 10/03/06 Reappt 08/19/08 Reappt 08/17/10 Shane Ames, Chair Designer/Architect 08/31/2012 Unexp Appt 08/16/11 Shannon Dawson Business Owner- Property Management/Realtor 08/31/2013 Unexp Appt 01/03/12 Alice Finst Citizen-at-Large 08/31/2012 Appt 08/17/10 Rustem Kupi Architect 08/31/2013 Appt 08/19/09 Reappt 08/16/11 Scott Porten General Contractor 08/31/2012 Appt 09/07/10 Roger DeCapito Landscape & Design 08/31/2012 Unexp Appt Vacant Contact: Rebecca Truxell X-7040 S/City Clerk/Board 12/SPRAB SITE PLAN REVIEW AND APPEARANCE BOARD APPLICANTS EXHIBIT A Applicants with experience in the professions required: Jose Aguila Architect (Also applying for the Planning & Zoning Board) Alejandro Borrero Architect/Project Director Jason Bregman Self-employed consultant/Landscape Architecture (Als o applying for the Planning & Zoning Board) Ronald Brito General Contractor/President (Also applying for the Planning & Zoning Board) Mark Gregory Sign Specialist-Sales/Consultant Jerome Sanzone Building Official/General Contractor (Also applying f or the Planning & Zoning Board) Chris Stray Landscape Architecture & Design/Interior Design Applicants for At Large Seat: David Beale Business Owner/Attorney (Also applying for the Planning & Z oning Board) Aird Cajuste Mental Health Case Manager (Also applying for the P lanning & Zoning Board) Mary-Elizabeth Cohn Educator/Consultant Frank Frione Engineering Consultant/CFO (Also applying for the Planning & Z oning Board) Robert Marks Construction Inspector Ria Santos Financial Consultant (Also applying for the Planning & Zoning Boar d) Thomas Stanley Attorney Andrew Youngross Engineering Consultant (Also applying for the Planning & Zoning B oard) MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:April 24, 2012 SUBJECT:AGENDA ITEM 9.H. - REGULAR COMMISSION MEETING OF MAY 1, 2012 APPOINTMENT TO THE BOCA RATON AVIATION ADVISORY COMMITTEE ITEM BEFORE COMMISSION This item is before the City Commission for an appo intment to the Boca Raton Aviation Advisory Committee. BACKGROUND The term for regular member, Mr. Barry Gauch, will expire on May 31, 2012. Mr. Gauch will have served one (1) full term, is eligible and would lik e to be considered for reappointment. Appointment i s needed for one (1) regular member. The Boca Raton Aviation Advisory Committee was crea ted and Bylaws were adopted on June 3, 2002. The Committee includes one member to represen t the City of Delray Beach. This member must reside within the boundary of the appointing entity . No elected official or employee of the appointing entity shall be eligible for appointment to the Com mittee. No member or employee of the Airport Authority shall be eligible for appointment to the Committee. The following individuals have submitted applicatio ns and would like to be considered for appointment: Barry Gauch Incumbent Michael Hanuschak Ezekiel Kaufman Robert Victorin A check for code violations and/or municipal liens was conducted. None were found. Voter registration verification was done and all are registered. Based on the rotation system, the appointment will be made by Commissioner Frankel (Seat #3) for one (1) regular member to serve on the Boca Raton Aviat ion Advisory Committee for a two (2) year term ending May 31, 2014. RECOMMENDATION Recommend appointment of one (1) regular member to serve on the Boca Raton Aviation Advisory Committee for a two (2) year term ending May 31, 20 14. 12/10 BOCA RATON AVIATION ADVISORY COMMITTEE IN ASSOCIATION WITH THE BOCA RATON AIRPORT AUTHORIT Y TERM EXPIRES NAME & ADDRESS 05/31/2012 Appt 12/14/10 Barry Gauch Liaison Venice Cobb S/City Clerk/Board 03/Boca Raton Aviation Advisory Committee MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:April 25, 2012 SUBJECT:AGENDA ITEM 12.A - REGULAR COMMISSION MEETING OF MAY 1, 2012 ORDINANCE NO. 11 -12 ITEM BEFORE COMMISSION Consideration of a City-initiated amendment to the Land Development Regulat ions (LDRs) that clarifies the standards for the approval of docks. BACKGROUND Section 7.9.5 pertaining to the standards for appro val of docks states “a dock, exclusive of dock pilings, shall not project more than five feet into a waterw ay from the property line or seawall or bulkhead or seawall cap, whichever is nearest to the waterway”. Under the current requirement docks cannot extend more than eight (8) feet beyond the property line. The strict/verbatim interpretation of the current language would prohibit the construction of docks i n those cases where the property line lies in exces s of eight feet landward of the waterway; or when the property line lies within the water channel. The proposed amendment eliminates the use of the “p roperty line” as a basis for measurement and replaces the term “nearest the waterway” with the t erm “water’s edge”. The current requirement for a dock projection of five (5) feet will be maintained in those cases where there are no seawalls or seaw alls that do not have batter piles. An additional projec tion of two (2) feet is proposed to accommodate a dock construction with batter piles. REVIEW BY OTHERS The proposed ordinance was considered by the Planni ng and Zoning Board on February 27, 2012. After significant discussion, the Board tabled the ordina nce on a 4 to 0 vote. The Board raised concerns with excluding the seawall cap as a basis for measuremen t and recommended that additional input be sought from the Community Improvement (Building) and Engin eering Departments. The ordinance was revised to maintain the seawall cap as a basis for measurement as well as to extend the projection by two (2) feet for dock construction with batter pile s. The ordinance was before the Planning and Zoning Bo ard on March 19, 2012 at which time the Board recommended approval on a 6 to1 vote (Gerry Francio sa dissenting). Subsequent, to the Planning and Zoning Board meetin g, the City Engineer, recommended that the ordinance language be further modified to read “mea n low tide”, instead of “low tide”. This change is reflected in the ordinance before the City Commissi on. RECOMMENDATION By motion, approve Ordinance No. 11-12 on First Rea ding for a City-initiated amendment to the Land Development Regulations, by adopting the findings o f fact and law contained in the staff report and finding that the amendment is consistent with the C omprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulation s. ORDINANCE NO. 11-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS, ARTICLE 7.9 “DOCKS, DOLPHINS, FINGER PIERS, AND BOAT LIFTS” BY AMENDING SECTION 7.9.5, “STANDARDS FOR APPROVAL”, TO UPDATE SAME; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, pursuant to LDR Section 1.1.6, the Plannin g and Zoning Board reviewed the proposed text amendment at a public hearing held on February 2 7, 2012, and voted 6 to 1 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, objectiv es and policies of the Comprehensive Plan; and WHEREAS, the City Commission of the City of Delray Beach ado pts 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 COMMISSI ON OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1 . That the recitations set forth above are incorporated her ein. Section 2. That Section 7.9.5, “Standards for Approval”, of th e 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: Section 7.9.5 Standards for Approval : A dock may be permitted subject to the following conditions: (A) A dock, exclusive of dock pilings, shall not pro ject more than five feet into a waterway from the property line or seawall or bulkhead or sea wall cap, whichever is nearest to the waterway . In no case shall the dock extend more than eight feet beyond the property line . A dock projection into a waterway, exclusive of dock pilings, shall be designed by one of the following methods: i. If no existing seawall: Five (5) feet as measured from the wat er’s edge at mean low tide. 2 ORD. NO. 11-12 ii. If existing or proposed seawall without batter piles : Five (5) feet as measured from the face of the seawall. iii. If existing or proposed seawall with or without a se awall cap with batter piles: Seven (7) feet as measured from the face of the seawall. (B) When plot frontage exists along a body of water , only one dock is permitted. The dock shall not extend any closer than ten feet to the pro perty line of adjacent property or the distance established for the side yard setback whichever is greater. (C) At least one ladder extending from the dock surface to two feet below the mean low waterline shall be provided for each dock. Section 2. That should any section or provision of this ordinan ce 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 decl ared to be invalid. Section 3 . That all ordinances or parts of ordinances in conf lict herewith be, and the same are hereby repealed. Section 4 . That this ordinance shall become effective immedi ately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and f inal reading on this the _____ day of ___________________, 2012. ____________________________________ ATTEST M A Y O R _______________________________ City Clerk First Reading__________________ Second Reading________________