Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
10-19-04 Agenda Reg
City of Delray Beach , Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION 1. PUBLIC COMMENT: The public is encoura§ed to offer comments with the order of presentation bein§ as follows: City Staff, public comments, Commission discussion and official action. City Commission meetin§s are business meetings Tuesday, October 19, 2004 and the ri§ht to limit discussion rests with the Commission. Generally, remarks by an individual will be limited to three minutes or less. The Mayor or Regular Meeting 6:00 p.m. presidin§ officer has discretion to adjust the amount of time allocated. Public Heatings 7:00 p.m. Commission Chambers A. Public Hearin§s: Any citizen is entitled to speak on items under this Delray Beach City Hall section. B. Comments and Inquiries on Non-^genda 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 Mana§er to take action on requests or comments. C. Regular Agenda and First Reading Items: When extraordinary circumstances or reasons exist and at the discretion of the Commission, citizens may speak on any official agenda item under these sections. 2. 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 fight 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 NW 1st Avenue Delray Beach, Florida 33444 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, Phone: (561) 245-?000 program, or activi~ conducted by the City. Contact Doug Randolph at 243- Fax: (561) 245-$?74 7127, 24 hours prior to the event in order for the City to accommodate your request. Adaptive listening devices are available for meetings in the Commission Chambers. 1. ROIJ. CAI.L, 2. INVOCATION. 3. PLEDGE OF ALI.EGIANCE TO THE FLAG. 4. AGENDA APPROVAL. 5. APPROVAL OF MINUTES: October 5, 2004 - Regular Meeting · October 12, 2004 - Special Meeting 6. PROCLAMATIONS: A. Recognizing and Commending Peru] DonFrancisco B. Recognizing and Commending Bert Fashaw C. Delray Beach Orchid Society's 14th Annual Show 7. PRESENTATIONS: A. Delray Beach Police Depamnent's Accredited Status - Lar~ Schroeder, Police Chief 8. CONSENT AGENDA: City Manager Recommends Approval. A. RESOLUTION NO. 78-04: Approve Resolution No. 78-04 assessing costs for abatement action required to remove nuisances on fifteen (15) properties throughout the City. B. ACCEPTANCE OF RIGHT-OF-WAY DEED/SPA ELEVEN: Approve and accept a right-of-way deed for Old Dixie Highway associated with the Spa Eleven Site Plan Modification, located on the east side of North Federal Highway, approximately 156 feet north of Lake Avenue (1440 North Federal Highway). C. ACCEPTANCE OF UTILITY EASEMENT DEED/TRINITY EVANGELICAL LUTHERAN CHURCH: Approve and accept a utility easement deed associated with the Trinity Evangelical Lutheran Church and School, located at the northwest comer of Lake Ida Road and Swinton Avenue. D. OUIET TITLE/PARCELS ACOUIRED FROM PALM BEACH COUNTY: Grant authorization to Quiet Tide on three 0) parcels acquired from Palm Beach County. E. AGREEMEN~ FOR LOBBYING SERVICE$/KATHLEEN E, DALEY: Approve an agreement for consultant/lobbying services between the City and Kath]een E. Daley and Associates, Inc. in the amount of $48,000.00 for the period October 1, 2004 through September 30, 2005. Funding is available from 001-1111-511-34.90 (General Fund/Other Contractual Services). 10-19-2004 - 2 - F. TRI-PARTY AGREEMENT/FIRST NIGHT 2005: Approve an agreement between the City, Joint Venture, and Old School Square and proposed budget for the First Night 2005 Event. G. SPECIAL EVENT REQUEST/HOLIDAY PAGEANT PARADE: Approve and endorse the Annual Holiday Pageant Parade co-sponsored by the Parks and Recreation Department and the Chamber of Commerce to be held on December 11, 2004 beginning at approximately 6:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to N.W. 1st Avenue and Miramar and Lowery for parade set up from approximately 4:00 p.m. to 7:30 p.m., and authorize staff support for traffic control and security, EMS assistance, barricade set-up/removal, trash removal and clean up, and processing of the FDOT permit. H. SPECIAL EVENT REQUEST/HOLIDAY TREE LIGHTING: Approve a special event request for the Annual Holiday Tree Lighting to be held on the grounds of Old School Square on November 27, 2004 from approximately 6:00 p.m. to 9:00 p.m., granting a temporary use permit per LDR Section 2.4.6(H) for use and closure of Atlantic Avenue from Swinton to NE/SE 2nd Avenue, SE 1st Avenue from Atlantic Avenue to the alley and NE 1~t Avenue from Atlantic Avenue to the alley from approximately 4:00 p.m. to 11:00 p.m., staff assistance for traffic control and security, EMS assistance, barricade set-up/removal, trash removal and clean up, set up/use of the large stage and City generator. I. SPECIAL EVENT POLICIES AND PROCEDURES: Approve the revised Special Event Policies and Procedures with an effective date of January 1, 2005. j. AMENDMENT NO. 1/LEASE AGREEMENT/FLORIDA INlAND NAVIGATIONAL DISTRICT (FIND): Consider approval of Amendment No. 1 to the lease agreement between the City and the Florida Inland Navigational District (FIND) to incorporate the newly obtained parcel into the existing lease agreement. K. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period October 4, 2004 through October 15, 2004. L. AWARD OF BIDS AND CONTRACTS: 1. Purchase award to Sanders Company, Inc. in the amount of $27,675.00 for one (1) dry pit/submersible sanitary sewerage pump for Lift Station No. 50. Funding is available from 442-5178-536-61.83 (Water/Sewer Renewal and Replacement Fund/Lift Station No. 50 Conversion). 2. Contract award to Utility Service Co., Inc. in the amount of $58,645.00 for exterior paint repair of the elevated storage tank, damage was sustained during Hurricanes Frances and Jeanne. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal and Replacement Fund/Other Repair & Maintenance). 10-19-2004 3- 3. Bid award to Sports Turf One, Inc. in the amount of $47,760.00 for the landscape maintenance of the multi-purpose fields at Atlantic High School. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). 9. REGULAR AGENDA: A. O(~EAN RESCUE CONTRACT AND MEMORANDUM OF UNDERSTANDING, LOCAL 1842, IAFF: Approve the Ocean Rescue Contract and Memorandum of Understanding requested by Local 1842, IAFF effective October 1, 2003 through September 30, 2004. B. AGREEMENT/HORSE DRAWN CARRIAGES, INC.: Consider approval of an agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from November 1, 2004 through April 30, 2005. C. GRANT AGREEMENT WITH THE AMERICAN LEGION POST AND THE CARING KITCHEN AND RESTATED LEASE AGREEMENT WITH THE AMERICAN LEGION POST: Consider approval of a Grant Award Agreement between the City, the American Legion Post 188, and Christians Reaching Out To Society, Inc. Cl~e Caring Kitchen) and approval of the Restated Lease Agreement between the City and the American Legion Post 188. D. FOURTH AMENDMENT/BLOCK 77 CONTRACT/COMMUNITY REDEVELOPMENT AGENCY: Consider approval of the Fourth Amendment to the Block 77 Contract between the Community Redevelopment Agency (CRA) and Block 77 Development Group, L.C. to allow rental or condominium units to be developed on the property. E. AGREEMENT/BELLSOUTH/WINNING REWARDS PROGRAM: Consider approval of a three (3) year agreement between the City and BellSouth Telecommunications for the Winning Rewards Program which will result in savings to the City of $105,190.20. F. CARI-FIESTA SPECIAL EVENT: Consider approval of a proposed Carl-Fiesta event to be held at the Delray Beach Tennis Center on January 14-15, 2005 and provide direction on contract terms and conditions. G. REQUEST/OR(.~HID SOCIETY: Consider approval of a request from Julia Hamer to recognize the Orchid Society's Orchid Show as a special event and authorize the placement of event signs by City staff at four (4) locations in the City. Staff recommends denial. H. RESOLUTION NO. 79-04: Consider approval of Resolution No. 79-04 authorizing the expenditure of funds to educate and inform the public about the proposed Palm Beach County Charter Amendment regarding municipal annexation. 10-19-2004 4- I. PALM BEACH COUNTY LEGISLATIVE DELEGATION: Discuss the Palm Beach County Legislative Delegation Public Hearing Schedule for the 2005 Legislative Session. J. FIRST NIGHT INTERNATIONAL 2005 CONFERENCE: Consider acceptance of an invitation to be the host City for the First Night International Annual Conference to be held April 9-13, 2005 and accept the host committee responsibilities. 10. PUBLIC HEARINGS: A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first parcel is a small-scale 0VLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for a 0.13 acre parcel that is currendy owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open Space- Conservation) to OS-C (Open Space-Conservation) and rezoning from POD (Professional and Office District), RIM (Medium Density Residential), and CD (Conservation District) to OS (Open Space) which consists of 4.47 acres, generally located on the east side of South Federal Highway between S.E. 10~' Street and Linton Boulevard. (Quasi-Juch'cial Hearing) B. ORDINANCE NO. 29-04 (ADOPTION HEARING FOR COMPREHENSIVE PLAN AMENDMENT 2004-02): Consider on second reading an ordinance adopting Comprehensive Plan Amendment 2004-02 and associated Future Land Use Map (FLU1V0 amendments, Amendment 2004-02 includes: 1. Text Amendments: a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and S.W. 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Adantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; 10-19-2004 - 5 - d. Transportation Element - Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes; g. Public Facilities Element - Add objective and policies related to the regional water supply plan and preparation of a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; h. Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; i. Conservation Element - Add objective and policy addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; j. Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; 1. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule for Projects>S25,000) to reflect implementation of the new $24 million Parks and Recreation Bond and adoption of the FY 2005-2009 Capital Improvement Program; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1: and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element - Elimination of the appendices; p. Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement: 10-19-2004 - 6 - · Add definition for "First FTE Student Count" to definitions section · Amend Policy A-I.1 dealing with the level of set~fce standard · Amend Policy A-3.1 dealing with intergovernmental coordination r. Open Space Facilities Element - Add policy to establish an urban park at Old School Square. 2. Future Land Use Map Amendments: a. Privately initiated Future Land Use Map (FLU1VD Amendment from LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. 10~ Street. b. City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. C. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, by amending Subsection (A)(2) "Participant Contributions", to provide for an increased employee contribution. D. ORDINANCE NO. 31-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and NW/SW 12* Avenue (1200 Block) within the West Atlantic Avenue Overlay District. (Quasi-JudicialHearing) E. RESOLUTION NO. 76-04: Consider approval of Resolution No. 76-04 authorizing the City to sell property located off of Jasmine Drive in the Tropic Isle Subdivision and Contract for Sale and Purchase between the City and Gold Coast Homes in the amount of $9,650.00; and approve and accept a utility easement deed to allow the City to install a drainage pipe from Jasmine Drive to the canal. F. ORDINANCE NO. 58-04 (SECOND READING/SECOND PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR), Appendix "A .... Definitions", to provide a definition of"Adult Gaming Center", "Coin- Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers axe conditional uses in the General Commercial (GC) and Planned Commercial (PC) Zoning Districts. 10-19-2004 - 7 - 11. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- IMMEDIATELY FOLLOWING PUBLIC HEARINGS. A. City Manager's response to prior public comments and inquiries. B. From the Public. 12. FIRST READINGS: A. ORDINANCE NO. 60-04: An ordinance rezoning from CF (Community Facilities) and R-1-A (Single Family Residential) to RM (Medium Density Residenhal) for an 8.96 acre parcel of land for The Cottages at Banyan Village, located at the southwest comer of Swinton Avenue and S.W. 10~' Street. If passed, a public heating will be scheduled for November 2, 2004. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. A. City Manager B. City Attorney C. City Commission POSTED: OCTOBER t5, 2004 10-19-2004 - 8 - OCTOBER 5, 2004 A Regular Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the Commission Chambers at City Hall at 6:00 p.m., Tuesday, October 5, 2004. 1. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Jon Levinson Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - None Also present were - David T. Harden, City Manager Robert A. Barcinski, Assistant City Manager Susan A. Ruby, City Attorney Chevelle D. Nubin, Acting City Clerk The opening prayer was delivered by Dr. William Quick with the Federation of Christian Ministries. 3..:. The Pledge of Allegiance to the flag of the United States of America was given. 4. AGENDA APPROVAL. Mayor Perlman noted the addition of Item 9.O., Proposed County Charter Amendment Regulating Voluntary Annexation~ to the Regular Agenda by addendum. Mr. Costin moved to approve the Agenda as amended, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 5..:. APPROVAL OF MINUTES: Mrs. Archer moved to approve the Minutes of the Regular Meeting of September 21, 2004, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy- Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 6-- PROCLAMATIONS: 6.A. Recognizing and Commending the Delra.y Beach Ocean Rescue Competition Team Mayor Perlman read and presented a proclamation hereby recognizing and commending first place winners: Ocean Rescue Officer Mark Henkle, Paramedic - EMT Ocean Rescue Officer Regis Smeltz, Paramedic - EMT Ocean Rescue Officer Shawn Gibson, Paramedic - EMT and for superior achievement: Ocean Rescue Officer Jo Wagenhals, EMT Ocean Rescue Officer Nina Mattos, EMT Ocean Rescue Officer James Scala, EMT Ocean Rescue Officer Dylan Owens, EMT 6.B. Recognizing and Commending the Delray Beach Ocean Rescue Junior Lifeguard Competition Team Mayor Perlman read and presented a proclamation hereby recognizing and commending the following Delray Beach Junior Lifeguards for their superior achievement at the United States Lifesaving Championships: Jesse Keiffer Parker Danciau Scott Phillips Jeff Phillips Thomas Keiffer Jessica Danciau Kaitlin Godden Allyson Danciau He recognized and commended the entire staff of the Ocean Rescue staff of the Ocean Rescue Division for their commitment to the youth of the City of Delray Beach, and congratulated them on a job well done with the 2004 Delray Beach Junior Lifeguard Program. Bob Taylor, Ocean Rescue Superintendent, came forward to accept the proclamation. 6.C. Breast Cancer Awareness Month - October 2004 Mayor Perlman read a proclamation hereby proclaiming the month of October 2004 as Breast Cancer Awareness Month and October 15, 2004 as Mammography Day in Delray Beach, Florida. 2 10/05/04 6.D. Florida City Government Week - October 17-23~ 2004 Mayor Perlman read and presented a proclamation hereby proclaiming the week of October 17 through October 23, 2004 as Florida City Government Week in the City of Delray Beach, Florida. Robert A. Barcinski, Assistant City Manager, came forward to accept the proclamation. 6.E. National Epilepsy Awareness Month - November 2004 Mayor Perlman read a proclamation hereby proclaiming November 2004 as National Epilepsy Awareness Month in the City of Delray Beach, Florida. 6.F. AVDA (Aid to Victims of Domestic Abuse) 5K Run Mayor Perlman read and presented a proclamation hereby proclaiming the City's support of thc 2004 Community of Hope 5K nm/walk and urged everyone to join in this cause and become more aware of the growing problem of domestic abuse in our society. Pamela O'Brien, Executive Director of AVDA, came forward to accept the proclamation and thanked the City of Delray Beach for its support. 7_. RESENTATIONS: 7.A. Spotlight on Education" - Nancy Hurd, Director of the Community Child Care Center and the Beacon Center at Village Academy Nancy Hurd, Director of the Community Child Care Center of Delray Beach and the Beacon Center at Village Academy, gave a brief overview of the current programs at the Beacon Center. Ms. Hurd distributed lapel pins to the City Commission with thc slogan "Whatever It Takes". Ms. Hurd stated they have 375 children enrolled in thc Extended Day (K-5), 45-50 youth &tccn (6th-12th grade), 20 walk-ins from thc community, and 153 adults that are in a wide variety of programs in adult education. They have launched into a program called "CHAMPS" which is a research scientifically based program which is very interactive for academic enrichment. The KIND Foundation supports a certified teacher and six instructors. The Center wrote a special grant and supported an additional nine. In addition, Ms. Hurd stated they will have a full day on Saturdays and will bring the Village Academy children to the FRC Center on their campus because they run a full day (7:30 a.m. - 4:30 p.m.) with full meals and field trips and a gymnasium is also available. Ms. Hurd stated this is very cost effective in not opening the entire school for 25 or 30 children. They have a program that they sponsor with the teens called "Write Notes" and it takes their love of music and teaches them what it takes to create original music. They arc starting both a male/female basketball team and soccer and they provide a "child watch" for approximately 60-70 children at no cost, including meals for them while their adult parents arc in classes. The Village Reader Program has 64 participants in ESOL and GED. Ms. Hurd stated they are participating in the School Advisory Committee (SAC). -3- 10/05/04 Ms. Hurd extended her appreciation for the City's partnershiP and thanked the City Commission for their support. 7.B. "Spotlieht on Neiehborhoods" - Shelly Weil~ Chairperson~ Neighborhood Advisorv Council Shelly Weil, Chairperson for the Neighborhood Advisory Council (NAC), stated at the City's recommendation NAC was recently formed with the vision to continue to improve and support neighborhoods. The first meeting of NAC was held in December 2003 and the Council has had ten meetings since then. He stated 110 neighborhoods have been divided into six zones. Mr. Weil stated NAC's slogan is "Improving Delray Beach Neighborhood by Neighborhood" and he read into the record their mission statement. NAC held a potluck dinner of all association presidents which was well attended. At that time, they approved the criteria and guidelines for the selection of the next three neighborhoods that will come back to the Commission for final approval. The Council writes a column every month for the News for Neighborhoods, and NAC took a tour of approximately one-third of the neighborhoods. He announced that NAC will be holding its second annual potluck dinner on Wednesday, October 20, 2004, and neighborhoods will include Lake Forest and Southridge. Mr. Weil stated NAC has placed its information on the City's website and will be updating the information as it becomes available. Neighborhood workshops will begin in January (i.e. including beautification, crime, and code enforcement). NAC has approved its work program which includes workshops, the continuation of strategic task team action plans, potluck dinners, a grant program, strengthening the communication piece, and creation of new neighborhood incentives. 8_ CONSENT AGENDA: City Manager Recommends Approval. 8.A. CONFIRMATION/RESCISSION OF EMERGENCY RESOLUTIONS: Confirm Emergency Resolutions A, B, D, and H pursuant to Chapter 95 of the City Code of Ordinances and approve the rescission of Resolution A and Resolution B. 8.B. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT: Approve the application for a matching grant for the Federal Emergency Management Agency (FEMA) Grant in the amount of $46,088.00 to acquire a multi-risk safety demonstration trailer for fire safety and severe weather instruction purposes. City's required 30% matching portion is $19,752.00 for a total amount of $65,840.00. 8.C. QUANTUM FOUNDATION GRANT/COMMUNITY HEALTH IMPROVEMENT PROGRAM (CHIP): Approve the application for a non-matching grant to the Quantum Foundation of Palm Beach County in the amount of $467,331.64 to provide funding for three (3) years for a Community Health Improvement Program (CHIP) in the Fire-Rescue Department. -4- 10/05/04 8.D. SPECIAL EVENT REQUEST/HALLOWEEN PARADE: Approve a special event request to allow the Annual Halloween Day Parade to be held on October 30, 2004 from 1:30 p.m. until approximately 2:30 p.m., including temporary use permit per LDR Section 2.4.6(h) for the rolling closure of Atlantic Avenue from N.E. 1 st Avenue to Veterans Park, staff support for traffic control and security; contingent upon the receipt of a hold harmless agreement and certificate of liability insurance. 8.E. FUNDING FOR SPECIAL EVENTS AND GRANTS FOR FY 2005: Approve the Special Event and Miscellaneous Grant Funding for FY 2005. 8.F. FUNDING AGREEMENT/CHILDREN'S SERVICES COUNCIL: Approve a funding agreement between the City of Delray Beach and Children's Services Council (CSC) in the amount of $283,471.00 for the City's out of school program, day camps, and summer camp programs. 8.G. HOUSING REHABILITATION GRANT/CONTRACT AWARDS: Approve Housing Rehabilitation grant/contract awards through the Community Development Division in the amount of $24,675.00 to Tommy Preston (820 S.W. 3~d Court) and $20,973.75 to Tommy Preston (126 S.W. 11th Avenue). Funding is available from 118-1963-554-49.19 (Community Development Block Grant (CDBG) Program/Housing Rehabilitation) and 118-1924-554-49.19 (State Housing Initiatives Partnership (SHIP) Program/Housing Rehabilitation). 8.H. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period September 20, 2004 through October 1, 2004. 8.I. AWARD OF BIDS AND CONTRACTS: Purchase award to Ferguson Enterprises, Inc. in the amount of $16,316.45 for the purchase of water main pipe materials to be installed by our in-house construction crew on the N.E. 5th Street and N.E. 6th Street/Palm Trail Water Main Improvements Project. Funding is available from 442-5178-536-63.50 (Water Main Rehabilitation). 2_ Purchase award to Hall-Mark Fire Apparatus/Horton Emergency Vehicles in the amount of $188,215.00 via the City of Columbus, Ohio bid for one (1) Heavy Duty Paramedic Rescue Vehicle for the Fire Department. Funding is available from 501-3312-591- 64.25 (Central Garage Fund/Heavy Equipment) FY 04/05. Mr. Costin moved to approve the Consent Agenda as presented, seconded by Mrs. Archer. Upon roll call the Commission voted as Follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -5- 10/05/04 9. REGULAR AGENDA: 9.A. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT & MEMORANDUM OF UNDERSTANDING/POLICE BENEVOLENT ASSOCIATION: Ratify and approve the Collective Bargaining Agreement and Memorandum of Understanding between the City and thc Police Benevolent Association (Police Officers and Sergeants) for thc three year period October 1, 2004 through September 30, 2007. Harry Hamilton, Human Resources Director, introduced the Union Negotiation Team and stated they spent three months negotiating approximately 38 items and came to an agreement a few weeks ago which the union ratified and now request approval of thc City Commission. Mr. Levinson stated this was a great experience and everyone had a good working relationship. William E. McCollom, Major/Police Department, stated this is his first year being a part of thc Union Negotiation Team and noted it was an enjoyable experience. In addition, Major McCollom stated he is very appreciative of thc police officers' and Mr. Hamilton. Mr. Hamilton expressed his appreciation for thc entire Police Benevolent Association (PBA) Committee. Mr. Lcvinson moved to approve thc Collective Bargaining Agreement between the City and the Police Benevolent Association (PBA) for October 1, 2004 through September 30, 2007, including the Memorandum of Understanding~ seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.B. CONTRACT AWARDS/PROPERTY & CASUALTY INSURANCE COVERAGE: Consider approval of a contract award to various insurance companies as negotiated by our broker, Arthur J. Gallagher, for the City's Property and Casualty Insurance Policies effective October 1, 2004 at the annual premium of $1,316,649.00. Joseph Safford, Finance Director, stated this item is for a renewal of all the liability, property, and casualty insurance for the year. Mr. Safford stated the Commission is actually ratifying the action that has already been taken. Staff "bound" the property coverage days before the hurricane and therefore received very favorable rates. The insurance broker, Arthur J. Gallagher & Co., was able to keep the total premium under budget, even though the total insurable values increased by 14%, and while maintaining the current broad scope of insurance coverage. The overall package is a 2.14% increase. Staff is asking for ratification of the selection. -6- 10/05/04 Mayor Perlman stated it should also be noted that the total cost of the insurance program is $62,221 under that which was budgeted. He commended Mr. Safford for a job well done. Mr. Costin stated he is very impressed with the results of staff's efforts and thanked Mr. Safford and his staff for a job well done. Mr. Levinson commented about appraising the value of property and stated it increased from $79 million to $89 million. He asked if there is a process in place on a rotating basis similar to the budget process where every year a percentage of the properties will be re-valued. Mr. Safford stated a formal appraisal would have to be performed on all properties throughout the City of Delray Beach. Mrs. Archer asked if there were any claims as a result of the hurricanes. In response, Mr. Safford stated there were no claims and commented with hurricane coverage the City of Delray Beach has approximately a $500,000 SIR (Self-Insured Retention). The City of Delray Beach does not cover debris removal and this is where the major cost came from with regard to the hurricanes. Mr. Costin moved to approve to ratify the contract award to various insurance companies as negotiated by Arthur J. Gallagher (broker) for the City's property and casualty insurance policies, seconded by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.C. FISCAL YEAR 2005 GOLF RATES/LAKEVIEW GOLF COURSE: Consider approval of the proposed fiscal year 2005 maximum golf rates for the Lakeview Golf Course. Robert A. Barcinski, Assistant City Manager, stated this item is before the City Commission for approval of the proposed maximum golf rates for the Delray Beach Lakeview Golf Course for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Mrs. Archer moved to approve the proposed maximum rates for the Delray Beach Lakeview Golf Course for fiscal year 2005, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.D. FISCAL YEAR 2005 GOLF RATES/MUNICIPAL GOLF COURSE: Consider approval of the proposed fiscal year 2005 maximum golf rates for the Municipal Golf Course. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the proposed maximum rates for the municipal golf course -7- 10/05/04 for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Ms. McCarthy moved to approve the proposed maximum rates for the municipal golf course for fiscal year 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.E. FISCAL YEAR 2005 TENNIS RATES/TENNIS FACILITIES: Consider approval of the proposed fiscal year 2005 maximum tennis rates for the Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of the proposed maximum rates for the tennis facilities for fiscal year 2005. He stated additional information is provided based on comments received at the September 21, 2004 City Commission meeting. Mr. Costin moved to approve the proposed maximum rates for the tennis facilities for fiscal year 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.F. ESTABLISH PERFORMANCE MEASURES FOR GOLF COURSES AND TENNIS FACILITIES: Consider approval of proposed performance measures for fiscal year 2004/2005 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Robert A. Barcinski, Assistant City Manager, stated this item is before the Commission for approval of performance measures for the Municipal Golf Course and Lakeview Golf Courses, and tennis facilities for fiscal year 2005. The proposed performance measures for the current fiscal year for the Municipal and Lakeview Golf Courses, and Tennis Facilities. The performance measures proposed are based on the goals and objectives approved in the fiscal year 2005 budget, as well as other agreed upon tasks. The proposed performance measures are shown with point assignments. Mayor Perlman stated he likes the way the point system is broken down. Mrs. Archer moved to approve the proposed performance measures for the Municipal and Lakeview Golf Courses, and Tennis Facilities for fiscal year 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. -8- 10/05/04 9.G. SPECIAL EVENT REQUEST/CHRISTIAN RAP/HIP HOP CONCERT EVENT: Consider approval of a proposed Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. including temporary use permit per LDR Section 2.4.6(H) for the use of the park and staff assistance for security, traffic control, trash removal/clean up, event signage, and use/set up of the small City stage. Staff recommends denial. Robert A. Barcinski, Assistant City Manager, stated this item is a request from Outside the Walls Ministries, Inc. (sponsor) to hold a Christian Rap/Hip Hop Concert at Pompey Park on October 31, 2004 from 3:00 p.m. to 7:00 p.m. and approve a temporary use permit per LDR's Section 2.4.6(H) for the use of the park and staff assistance for security and traffic control, trash removal and clean up, event signage and use and set up of the small City stage. Mr. Barcinski stated the event would involve bounce houses for children, vendors, and entertainment. The primary concerns expressed by staff include noise as well as limited parking. In addition, the Parks and Recreation Director expressed some concerns with putting these activities on the outfield grass especially in the event it should rain. Staff sent Mr. Griffin a letter explaining staff's concerns suggesting that he look into the possibility of Old School Square or the tennis facilities. Staff overtime for this event is estimated at $3,500, $250 for stage rental and $250 for signage. Per event policies and procedures the event sponsor would not be required to pay for any of these costs. Mr. Barcinski stated his original recommendation was to deny the event request; however, if the City Commission chooses to approve this event at Pompey Park that it be approved subject to the following conditions: (1) Receipt of certificate of insurance and hold harmless agreement by 10/21/04, (2) Relocation of all activities off the outfield area to an area agreed to be staff, (3) Receipt of letters of support from the President's of the Neighborhood Associations around the Park. William N. Griffin, Jr., President/Founder of Outside the Walls Ministries, Inc. stated he created this positive event to reach out to the youth in the community. Mr. Griffin stated he will provide his own security in addition to the police officer's and he will not be using any bounce houses. He stated there will be tables on the outfield (13 x 6 tables) and instead of using bleachers he will be using chairs. Mrs. Archer asked if Mr. Griffin has a rain date scheduled. In response, Mr. Griffin stated he would be able to postpone the event to another date in the event of rain. Mr. Costin inquired as to what the tables will be used for. In response, Mr. Griffin stated vendors will use the majority of the tables to distribute information advertising their businesses and one table will be used to pass out Halloween candy. Mr. Costin asked if Mr. Griffin has an alternate plan versus using the grassy area. Mr. Griffin stated he prefers the outfield grass because it is a large area which can hold a large group of people. In addition, Mr. Griffin stated the reason he would like to hold the event on the field is because he is hopeful the music will help attract others to the event that are in walking distance. -9- 1~05~4 Mayor Perlman asked how many people Mr. Griffin anticipates will attend the event. In response, Mr. Griffin stated he estimates approximately 300 people and expects many teenagers will be walking to the event. Ms. McCarthy commented about the alternate space at Pompey Park (north grounds area). Mr. Griffin stated he was not aware this area was available. Mr. Levinson asked if the organization is non-profit. Mr. Griffin stated he has submitted his application regarding the 501(C)(3). Mr. Levinson stated he does not want to steer people to the cheapest place because there is either no cost or low cost. Therefore, the City is not getting any revenue for the use or for the displacement of people who would use the park on Sunday. Mr. Levinson expressed concerns over the noise in the neighborhood and the number of cars because of the parking issue. Mr. Griffin stated his long term goal is to keep the children away from crime. He is trying to approach this in a positive way to give children a purpose in life to achieve spiritually and educationally. Mayor Perlman stated he supports Mr. Griff'm's mission, however, he expressed concerns over the noise and parking issue. Mayor Perlman asked if Mr. Griffin has discussed this with Brahm Dubin. Mayor Perlman stated he would prefer to see that this go to a venue that is better able to guarantee Mr. Griffin's success. Mayor Perlman stated he feels this will be problematic and suggested Mr. Griffin look into holding the event at Old School Square or the tennis facility. Mayor Perlman stated these facilities are designed for holding these kinds of events and their staff will help with organizing the event. Brief discussion continued between the Commission and Mr. Griffin. Ms. McCarthy moved to approve the special event request for the Christian Rap/Hip Hop Concert sponsored by the Outside the Walls Ministries, Inc. to be held at Pompey Park on the alternate field (north grounds) subject to the conditions listed in staff's memorandum dated September 30, 2004, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - No; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - No; Ms. McCarthy - Yes. Said motion passed with a 3 to 2 vote, Mayor Perlman and Commissioner Levinson dissenting. At this point, the time being 7:05 p.m., the Commission moved to the duly advertised Public Heating portion of the agenda. 10. PUBLIC HEARINGS: 10.A. ORDINANCE NO. 31-04 {FIRST READING/FIRST PUBLIC HEARING): An ordinance rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW 1st Avenue (100 Block) and -10- 10/05/04 NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. If passed, a second public hearing will be scheduled for October 19, 2004. Prior to consideration of passage of this ordinance on FIRST Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 31-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1ST AVENUE AND NW/SW 12TH AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 31-04 is on file in the City Clerk's 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, Director of Planning and Zoning, stated the rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-02. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan which establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The proposal is for the downtown area to have the same zoning designation, which is CBD. At its meeting of June 22, 2004, the City Commission reviewed this rezoning request on first reading along with the transmittal of Comprehensive Plan Amendment 2004-02; however, the rezoning was not properly advertised and is back before the Commission for a rehearing. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with the Comprehensive Plan Amendment 2004-02. There was some opposition from the public primarily related to concerns with -11- 10/05/04 displacing residences and property owners being forced to sell their properties for redevelopment. Mr. Dorling stated this is to apply zoning designation for the downtown area and it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed rezoning. Staff recommends approval. Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 31-04, the public hearing was closed. Mr. Levinson moved to adopt Ordinance No. 31-04 on First Reading/First Public Hearing by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the LDR's, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 10.B. ORDINANCE NO. 58-04 (FIRST READING/FIRST PUBLIC HEARING): An ordinance amending Land Development Regulations (LDR), Appendix "A .... Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in thc General Commercial (GC) and Planned Commercial (PC) Zoning Districts. If passed, a second public hearing will be scheduled for October 19, 2004. Prior to consideration of passage of this ordinance on FIRST Reading/First Public Hearing, a public hearing has been scheduled to be held at this time. The caption of Ordinance No. 58-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES"; BY ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", IN ORDER TO PROVIDE FOR REGULATION AND ZONING OF SUCH FACILITIES; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", AND SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT GAMING CENTERS AMONG THE - 12- 10/05/04 CONDITIONAL USES ALLOWED IN BOTH THE GC AND PC ZONING DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION OF CONSUMPTION, POSSESSION, OR SALE OF ALCOHOLIC BEVERAGES", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 58-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. Paul Dorling, Director of Planning and Zoning, stated earlier this year, the City Commission conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast comer of Military Trail and Linton Boulevard (Boca Bay Plaza). At that time, there was discussion about whether this in fact met the definition or the exemption from gambling. The County of Sarasota was being reviewed by the courts to determine whether they met the definition of Arcade Amusement Facility. Given that situation, at its meeting of January 6, 2004, the City Commission did approve the Spinners Arcade subject to the conditional use being void if in fact the court case came out in opposition or considered this gambling. The court case has been finalized and it is exempt from gambling. At its meeting of March 11, 2004, the City Commission approved an ordinance (Ord. No. 13- 04) establishing a four month moratorium for Adult Arcade Establishments to enable staff to study the impacts of the use and develop criteria to establish the use. On July 20, 2004, the City Commission approved an ordinance (Ord. No. 37-04) extending the moratorium for 90 days to complete the LDR amendments. The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The proposed amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not permit the use within a designated redevelopment area. It also is not allowed in a historic site or a redevelopment area and it limits the hours of operation, age restrictions, has prohibitions with respect to sale of alcohol and requires licensing of all machines. The moratorium is scheduled to end October 20, 2004. At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. The Board voted 4-0 (Borchardt, Morris & Walker absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with respect to LDR Section 2.4.5(M). -13- 10/05/04 Mayor Perlman declared the public hearing open. There being no one who wished to address the Commission regarding Ordinance No. 58-04, the public hearing was closed. Prior to the vote, Mayor Perlman inquired about the conditional use process and asked in the event one of these facilities were to go into a shopping plaza, would this hinder the success of the shopping plaza? In response, Mr. Dorling explained that the standard conditional use findings require that it does not have an adverse affect on surrounding properties which would include the property in question. Mr. Levinson moved to adopt Ordinance No. 58-04 on First Reading/First Public Hearing amending LDR's Appendix "A", enacting a new Subsection 4.3.3(AAA), "Adult Gaming Centers", and clarifying that Adult Gaming Centers are Conditional Uses in the General Commercial (GC) and Planned Commercial (PC) zoning districts, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the LDR's, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 11, Comments and Inquiries on Non-Agenda Items from the City Manager and the Public. 11.A. City Manager's response to prior public comments and inquiries. The City Manager had no response to prior public comments and inquiries. 11.B. From the Public. ll.B.1. Carolyn Killinus, 937 Belvedere Road~ West Palm Beach {Business A~,ent for the National Conference of Firemen & Oilers (NCF&O) Local 12277 read into the record a statement regarding union negotiations. Ms. Killings stated the union is asking for a fair and equitable salary increase for those employees they represent. ll.B.2. Lois Bowman~ 2943 Sabalwood Court~ Delray Beach~ FL 33445 (Andover subdivision) stated she recently faxed a letter addressed to the Del-Aire Country Club to the Mayor and Commission. Ms. Bowman stated there is an issue with vegetation between the two properties. Ms. Bowman stated the vegetation is a tree line that is forty feet in height and in the last two hurricanes Andover neighbors who reside along the golf course sustained a substantial amount of damage from the trees. She noted it was only the top twenty feet of the trees that broke off and she distributed photographs of the damage. She suggested that the City have a tree law so that if a tree infringes on another person's property and causes damage that it be topped at a certain height. - 14- 10/05/04 Mayor Perlman stated the City Attomey has reviewed this issue. The City Attorney stated per the direction of Commissioner Levinson, staff has been reviewing tree ordinances statewide trying to assess whether the City's ordinance is sufficient. The City Attorney stated the City of Delray Beach currently has an ordinance that deals with public nuisances and trees that can provide for assessments on properties. In the future, staff is looking to perhaps treat this more comprehensively so that everyone knows exactly what the ordinances are. Mayor Perlman stated the City of Delray Beach is looking at proactive approaches as a result of last month's experiences because it is understood that there are issues. ll.B.3. Jim Smith~ 1225 S. Ocean Boulevard~ Delray Beach~ FL 33483 read into the record a statement regarding "Walk a Child to School Day". At this point, the time being 7:35 p.m. the Commission moved back to Item 9.H. of the Regular Agenda. 9.H. APPOINTMENTS TO THE BOARD OF ADJUSTMENT: Appoint two (2) alternate members to the Board of Adjustment for unexpired terms ending August 31, 2005. Based upon the rotation system, the appointments will be made by Commissioner McCarthy (Seat #4) and Mayor Perlman (Seat #5). Ms. McCarthy moved to appoint Clifton Miller as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to appoint Sigurdur Hardester as an alternate member to the Board of Adjustment for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.I. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint one (1) regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006 and one (1) alternate member for an unexpired term ending January 14, 2007. Based upon the rotation system, the appointments will be made by Mayor Perlman (Seat #5) and Commissioner Costin (Seat #1). Mayor Perlman stated he wished to appoint Mark Behar as a regular member to the Code Enforcement Board for an unexpired term ending January 14, 2006. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Bernard Federgreen as an alternate member to the Code Enforcement Board for an unexpired term ending January 14, 2007, seconded -15- 10/05/04 by Mr. Levinson. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. 9.J. APPOINTMENTS TO THE BOARD OF CONSTRUCTION APPEALS: Appoint three (3) members to the Board of Construction Appeals; one (1) member for a two (2) year term ending August 31, 2006 and two (2) members for unexpired terms ending August 31, 2005. Based on the rotation system, the appointments will be made by Commissioner Levinson (Seat #3), Mayor Perlman (Seat #5), and Commissioner Costin (Seat #1). Mr. Levinson moved to appoint Anthony Spirelli as a member to the Board of Construction Appeals for a two year term ending August 31, 2006, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. Mayor Perlman stated he wished to appoint Patricia Neyra as a member to the Board of Construction Appeals for an unexpired term ending August 31, 2005. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. Mr. Costin moved to appoint Carol Aharonovic as a member to the Board of Construction Appeals for an unexpired term ending August 31, 2005, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. 9.K. APPOINTMENT TO THE NEIGHBORHOOD ADVISORY COUNCIL: Appoint one (1) member to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Based upon the rotation system, the appointment will be made by Mayor Perlman (Seat #5). Mayor Perlman stated he wished to appoint Jeremy Office to the Neighborhood Advisory Council for Zone Six for an unexpired term ending October 31, 2006. Mr. Costin so moved, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes. Said motion passed with a 5 to 0 vote. 9.L. PURCHASE AWARD/LEVEL $ SECURITY~ INC: Consider approval of the purchase and installation of an Audio/Video Monitoring System from Level 5 Security, Inc. in the amount of $36,295.00 for the Police Department's Holding Facility and Investigative Interview Rooms. Funding is available from 115-2112-521- 49.90 (Federal Forfeiture Account). The City Manager stated this is to install audio/video monitoring systems for the holding facility in the Police Department and also in the investigative interview -16- 10/05/04 rooms. The Police Department received a recommendation to do this as part of the accreditation process. The Police Department is recommending the purchase of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department from Level 5 Security, Inc. This is not the lowest bidder; however, staff felt this would be the best and most responsive vendor. William E. McCollom, Major/Police Department, stated although Level 5 Security, Inc. was not the lowest bidder; however, they far exceed the technology ability and service levels. According to the accreditation standards, the Police Department must maintain is constant surveillance of a juvenile holding facility. In addition, Major McCollom stated the City of Lake Worth Police Department and the Town of Palm Beach Police Department use this vendor as well. Mr. Costin moved to approve the purchase award to Level 5 Security, Inc. for the installation of an audio/video monitoring system for the holding facility and investigative interview rooms at the Police Department, seconded by Mrs. Archer. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. 9.M. CITY ATTORNEY EVALUATION. Brief discussion followed by the Commission regarding the City Attorney's annual performance evaluation. Mr. Levinson suggested that next year prior to the review of the City Attorney that there be a salary survey to insure the City remains competitive. Mrs. Archer moved to approve a four and one-half (4½) percent salary increase for the City Attorney, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes. Said motion passed with a 5 to 0 vote. 9.N. CITY MANAGER EVALUATION. Brief discussion followed by the Commission regarding the City Manager's annual performance evaluation. Mr. Levinson suggested that next year prior to the review of the City Manager that there be a salary survey to insure the City remains competitive. Mr. Levinson moved to approve a four and one-half (4½) percent salary increase for the City Manager, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes. Said motion passed with a 5 to 0 vote. -17- 10/05/04 9.O. PROPOSED COUNTY CHARTER AMENDMENT REGULATING VOLUNTARY ANNEXATION (ADDENDUM): Consider adoption of thc resolution authorizing the City's participation in litigation regarding the proposed County Charter Amendment regulating voluntary annexation. The City Manager stated in summary the County Commission got into a dispute with two western cities about annexation. Palm Beach County Ordinance 2004- 021 proposes a charter amendment to the County Charter which would give the County Commission the authority to set the standards and process for voluntary annexations by cities throughout the entire County. The Commission majority has said that this ordinance will not affect the coastal cities and they could have written a charter amendment that would not affect us, but in fact would give the County Commission the ability to set standards for annexation. The City Manager stated this could have serious implications for the City's plan to complete the areas that the City has identified for many years as desirable to bring into thc city. On September 28, 2004, the Village of Wellington authorized a lawsuit an effort to get this question thrown off the November ballot and recommends that thc City of Delray Beach join them as a co-plantiff. The City Manager stated it is important for thc cities to come together and support the Village of Wellington. The City Attorney stated she spoke to Jeff Kurtz, Attorney fOr thc Village of Wellington about costs. If thc Commission approves, the City of Delray would enter into an agreement that would more firmly state thc costs. The City Attorney suggested that this could be brought back at a later time. Mr. Levinson moved to approve Resolution No. 77-04, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Perlman- Yes; Mr. Costin- Yes; Mrs. Archer- Yes; Mr. Levinson- Yes. Said motion passed with a 5 to 0 vote. At this point, the time being 8:05 p.m., the Commission moved to Item 12, First Readings. 12. FIRST READINGS: 12.A. ORDINANCE NO. 48-04: Future Land Use Map Amendments (FLUM) for two separate parcels that are part of land swap activity associated with the establishment of thc Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional and Office District) to RIM (Medium Density Residential) for a 0.13 acre that is currently owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open Space-Conservation) to OS-C (Open Space-Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential), and CD (Conservation DistricO to OS (Open Space) which consists of 4.47 acres, generally -18- 10/05/04 located on the east side of South Federal Highway between S.E. 10th Street and Linton Boulevard. If passed, a public heating will be scheduled for October 19, 2004. The caption of Ordinance No. 48-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM TRN (TRANSITIONAL) IN PART, RM (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC) IN PART AND OS-C (OPEN SPACE, CONSERVATION) IN PART TO OS-C (OPEN SPACE, CONSERVATION), AND FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY RESIDENTIAL 5-12 DU/AC; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMALL SCALE LAND USE PLAN AMENDMENTS; REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) DISTRICT IN PART, RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND CD (CONSERVATION) DISTRICT IN PART TO OS (OPEN SPACE) DISTRICT, AND FROM POD (PROFESSIONAL AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY NO. 1, BETWEEN SE 10TH STREET AND LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 48-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. Paul Dorling, Director of Planning and Zoning, stated the proposed FLUM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Mr. Dorling stated there was a Real Property Exchange Agreement which conveyed and switched some of these parcels between FIND, the Delray Harbor Club, and the City to make the best configuration for all parties. With this -19- 10/05/04 exchange completed, future land use and rezoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Lane Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park site. At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. Several members of the public representing Harbourside were in attendance. One person from the public spoke and did not see the need for additional parking for overflow from Knowles Park. After significant discussion, the Board voted 4-0 (Morris, Borchardt, Walker absent) to recommend approval of these changes. Mr. Dorling stated he has had some discussions from the people representing the residential development (Harbourside). He does not believe they are opposed to the land use and zoning requests; however, they expressed concern about proper buffering when the site plan is actually finalized. Mr. Dorling stated those concerns are better addressed at the site plan stage. Mayor Perlman inquired whether or not the homeowner associations are okay with the buffering. Mr. Dorling stated it was mentioned that there is a desire for a wall along the south property line and this kind of buffering. The City Manager asked when the site plan will go to the Site Plan Review and Appearance Board (SPRAB). In response, Mr. Dorling stated there is not a specific date; however, at the Planning and Zoning Board meeting he extended an invitation to the audience to call the Planning and Zoning Department to get on a list and that they would be personally notified when the item would go before SPRAB. Mayor Perlman asked if the associations will be noticed. In response, Mr. Dorling stated the associations will be noticed but reiterated if anyone specifically would like to be noticed they can call the Planning and Zoning Department. Mr. Levinson moved to approve Ordinance No. 48-04 on FIRST Reading for the proposed City initiated small scale FLUM Amendment from TRN (Transitional to MD (Medium Density Residential) for land with a total acreage of 0.13 acres that has been conveyed to the Delray Harbor Club; and, a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D)(5), 3.1.3 and 3.2.2 of the LDR's and recommendation of the Planning and Zoning Board, seconded by Mr. Costin. Upon roll call the Commission voted as follows: Mayor Perlman - Yes; Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes. Said motion passed with a 5 to 0 vote. - 20 - 10/05/04 12.B. ORDINANCE NO. 61-04: An ordinance amending Chapter 35, "Employee Policies and Benefits", Section 35.095, "Contributions of Participant and City" Subsection (A), "Participants Contribution Account", by amending Subsection (A)(2) "Participant Contributions", to provide for an increased employee contribution. If passed, a public hearing will be scheduled for October 19, 2004. The caption of Ordinance No. 61-04 is as follows: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION 35.095, "CONTRIBUTIONS OF PARTICIPANT AND CITY", SUBSECTION (A), "PARTICIPANTS CONTRIBUTION ACCOUNT", BY AMENDING SUBSECTION (A)(2), "PARTICIPANT CONTRIBUTIONS", TO PROVIDE FOR AN INCREASED EMPLOYEE CONTRIBUTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 61-04 is on file in the City Clerk's office.) The City Attorney read the caption of the ordinance. The City Manager stated the General Fund Pension costs increased this year from a little over five percent to a little over nine percent. Members of the General Employees' Pension Plan will contribute an additional one-half (0.5%) of one percent. Mr. Costin moved to approve Ordinance No. 61-04 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Mr. Levinson - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed with a 5 to 0 vote. At this point, the Commission moved to Item 13, Comments and Inquiries on Non-Agenda Items. 13. COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS. 13.A. Ci~. Manaffer The City Manager stated he appreciates the encouragement and the continued confidence of the Commission with regard to his annual performance evaluation. -21 - 10/05/04 Secondly, the City Manager stated Carmela Starace representing the Palm Beach County League of Cities was appointed to the School Bond Issue Oversight Board and Carrie Parker-Hill was reappointed to the Regional Hazardous Materials Oversight Committee. He commented about an ongoing lawsuit involving the City of Boca Raton and whether they could regulate their cemetery in certain ways. He stated the City of Boca Raton won the lawsuit. Lastly, the City Manager read into the record a letter addressed to Dan Beatty, Deputy Director of Public Utilities, from the Utilities Director of the City of Punta Gorda commending a few Environmental Services employees who traveled to Punta Gorda to assist in helping to restore utilities after Hurricane Charley. 13.B. Ci,ty Attorney The City Attorney thanked the Commission for their complimentary comments with regard to her annual performance evaluation and announced that she is a grandmother for the fifth time. 13.C. CiW. Commission 13.C.1. Mrs. Archer Mrs. Archer had no comments or inquiries on non-agenda items. 13.C.2. Mr. Costin Mr. Costin stated he picked up a Palm Beach Magazine yesterday and was enthralled with successes of Commissioner Levinson in the Long-Ball Contest. Secondly, he noted while he was in Georgia he had suffered through the trials and tribulations of the storms like everyone here in Florida. He felt everyone was blessed and very fortunate that there was no further damage than what most people did incur. 13.C.3. Ms. McCarthy Ms. McCarthy had no comments or inquiries on non-agenda items. 13.C.4. Mr. Levinson Mr. Levinson stated he is glad to see the letter to Audrey Wolf on behalf of the garage arrangement and he would like to make this a priority. The City Manager stated Ms. Wolf called him back today and verbally outlined how she thought this should operate. - 22 - 10/05/04 Mr. Levinson stated that unfortunately with the hurricanes a couple of meetings have been rescheduled with the School District one of which is a presentation by one of his clients. Therefore, he cannot attend "Walk a Child to School Day" although he has attended in the past. He commented about the tree issue and suggested that staff review whether there are retroactive remedies. Lastly, Mr. Levinson stated he is hoping to attend the Spady Day meeting at 8:30 a.m. on October 9, 2004 and announced he is leaving Saturday for a week's vacation. 13.C.5. Ma,~or Perlman Mayor Perlman stated he will be leaving for Orlando on Saturday morning. He shared an email from John Miller with the Commission regarding Bexley Park and stated Mr. Miller commended the Commission for their foresight. He commented about an email from Ivan Ladizinsky, Public Information Officer, regarding the Haitian relief efforts. Mayor Perlman commented about an article by Otis White and suggested that the City of Delray Beach market and link it to the City's website. He stated Mr. White has a newsletter (website: www.civicstrategies.com) which goes out to Elected Officials and City Managers' nationwide. He also commented about two articles written by Mr. White ("How Delray Beach Saved Itself and Found Great Leadership Along the Way" and "Delray Beach Revised"). He expressed concem over the real estate market regarding height limits and stated Delray Beach is selling "scale". Mayor Perlman stated the CEO of City National Bank recently moved here and he thinks of Delray Beach as the last great place in Florida. It was the consensus of the Commission to revisit the height limits issue. There being no further business, Mayor Perlman declared the meeting adjourned at 8:50 p.m. Acting City Clerk - 23 - 10/05/04 ATTEST: MAYOR The undersigned is the Acting 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 October 5, 2004, which Minutes were formally approved and adopted by the City Commission on Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval which may involve some amendments, additions or deletions as set forth above. - 24 - 10/05/04 SPECIAL MEETING OCTOBER 12, 2004 A Special Meeting of the City Commission of the City of Delray Beach, Florida, was called to order by Mayor Jeff Perlman in the First Floor Conference Room at City, Hall at 6:00 p.m., on Tuesday, October 12, 2004. Roll call showed: Present - Commissioner Patricia Archer Commissioner Bob Costin Commissioner Alberta McCarthy Mayor Jeff Perlman Absent - Commissioner Jon Levinson Also present were - City Manager David T. Harden City Attorney Susan A. Ruby and Agenda Coordinator Carolanne Kucmerowski Mayor Perlman called the meeting to order and announced that it had been called for the purpose of considering the following item: 1. CONTRACT AWARD: Approve contract award to Enco, L.L.C. in the amount of $218,010.00 for the Beach Lifeguard Towers Phase II, Re-Bid project. Funding is available from 334-6112-572-62.14 (General Construction Fund/Lifeguard Towers). Richard Hasko, Director of Environmental Services, stated that this is the contract for the reconstruction of four (4) lifeguard towers on the beach. The City had a contract earlier this year to reconstruct two (2) of the towers; however due to permitting issues with the state, a construction schedule conflict, and the turtle nesting season staff is not allowed to begin the project until November 1, 2004. The City rescinded the original contract and rebid the project to include two (2) additional towers that were budgeted for this year. Staff would like to start the project by November 1, 2004. Commissioner Costin asked if there was an issue with the design of the towers. In response, Mr. Hasko stated that one of the issues regarded the placement of the towers and the second issue was the time delay and denial from the State of allowing the City to start any construction until turtle nesting season is over. Mrs. Archer asked if Enco, L.L.C. is the same company that built the first two towers. In response, Mr. Hasko stated that Republic built the first two towers and they were the second lowest bidder for this project. These are a little more expensive based on the fact that we only received two (2) bids and the construction industry business has increased substantially in the last year. Mr. Costin moved to approve the contract award to Enco, L.L.C. for the lifeguard towers in the amount of $218,010.00, seconded by Mrs. Archer. Upon roll call, the Commission voted as follows: Mr. Costin - Yes; Mrs. Archer - Yes; Ms. McCarthy - Yes; Mayor Perlman - Yes. Said motion passed 4-0. Mayor Perlman declared the Special Meeting adjourned at 6:05 p.m. Acting City Clerk ATTEST: MAYOR The undersigned is the Acting City Clerk of the City of Delray Beach, Florida, and the information provided herein is the Minutes of the Special Meeting of the City Commission held on Tuesday, October 12, 2004, which Minutes were formally approved and adopted by the City Commission on October 19, 2004. Acting City Clerk NOTE TO READER: If the Minutes you have received are not completed as indicated above, this means they are not the official Minutes of the City Commission. They will become the official Minutes only after review and approval, which ma3, involve amendments, additions or deletions to the Minutes as set forth above. 2 October 12, 2004 WHEREAS, long before there were fashionable restaurants on Atlantic Avenue in Delray Beach, there was Boston's, an ocean front restaurant and nightspot that became a landmark known for its New England motif depicting sports heroes, politicians, and Boston area street signs; and WHEREAS, Boston's will be celebrating its 25th Anniversary on October 23, 2004; and WHEREAS, Boston's owner, Perry DonFrancisco, not only serves great food and entertainment, he has spent the last twenty five years helping the people of our community; and WHEREAS, Perry co-founded the Delaire Annual Charity Golf Tournament and Holiday Toy Drive which benefits local kids, fire fighters, and police; and WHEREAS, Perry is very active in our community with the Delray Beach Kids and Cops, Delray Citizens for Delray Police, Egg Hunts and Turkey Trots, Delray Rocks Youth Football, I Have A Dream Foundation, Labor Day Police Challenge, and the Delray Beach Chamber of Commerce Golf Tournament; and WHEREAS, Perry is presently involved in community service as a member of the Delray Beach Chamber of Commerce Executive Board of Directors, Downtown Development Authority Board, Downtown Development Master Plan Implementation Committee, Delray Beach Parking Management Advisory Board, and the Delray Beach Fire Rescue Department Awards Selection Committee; and WHEREAS, Perry has been serving our community over the years as a member of the Visions 2010 Steering Committee, Delray Youth Enrichment Charter School Advisory Board, Village Academy Community School SAC Committee, Delray Beach Board of Adjustment, Delray Beach Code Enforcement Board, and the Delray Beach Police Sergeants Oral Exam Interview Committee; and WHEREAS, Perry's many awards have included the Ken Ellingsworth Lifetime Community Service Award, Delray Beach Chamber of Commerce, 2001; Outstanding Support of Law Enforcement Award, Palm Beach County Police Benevolent Association, 2001; Distinguished Citizen Award, International Association of Firefighters, Delray Beach, 1999; and the Small Business Person of the Year Award, Delray Beach Chamber of Commerce, 1998. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delray Beach, Florida, on behalf of the City Commission, and the entire community do hereby join in recognizing, commending and honoring PERRY DONFRANClSCO for Boston's 25th Anniversary and for Perry's valuable contributions to the Citizens of Delray Beach throughout the past twenty five years; we extend heartfelt thanks for his devoted service and dedicated commitment which will long be remembered and appreciated. 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 19th day of October, 2004. JEFF PERLMAN MAYOR WHEREAS, Bert Fashaw has been employed by the Parks and Recreation Depa~uxxent since December 4, 1987; and WHEREAS, Bert Fashaw as Park Ranger watches over our City facilities, parks, citizens, and visitors; and WHEREAS, all citizens and visitors can feel safe and secure because of the efforts of Bert Fashaw and our Park Rangers; and WHEREAS, Bert Fashaw retired from his job as Park Ranger on September 30, 2004. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Dekay Beach, Florida, on behalf of the City Commission do hereby proclaim that The City Commission of the City of Delray Beach recognizes and commends BERT FASHAW for his service to the community of Delray Beach and commend him on a job well done for the Parks and Recreation Department, the City Commission, and the City of Delray Beach. We express sincere appreciation and wish Bert the best of health and happiness in his retirement years. 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 19t~ day of October, 2004. JEFF PERLMAN MAYOR WHEREAS, the De[ray Beach Orchid Society, founded in 1974, is affiliated with the American Orchid Society and shares the purpose of promoting the enjoyment of and education concerning orchids, as well as their conservation and preservation in the wild in all areas of the globe; and WHEREAS, the Delray Beach Orchid Society will hold it's 14~h Annual Show on October 29~h, 30~h, and 31st , 2004, in the Old School Square Vintage Gymnasium; and WHEREAS, the theme of this year's show "ORCHID HARVEST" seeks to encourage each person to advance their individual adventure and knowledge, while sharing the diverse beauty of fall blooming orchids; and WHEREAS, the statement of purpose of the De[ray Beach Orchid Society is to stimulate interest, provide education and enable exchange of information among those interested in the culture of orchids, in all its aspects; and WHEREAS, the Dekay Beach Orchid Society's annual show is regarded as one of the finest in the State of Florida; and WHEREAS, the Orchid Society has chosen to honor the oldest active orchid grower, world wide, Mr. Jean Merkle of Alberta & Merkle, Inc., Boynton Beach, Florida as their Honorary Chairman; and WHEREAS, participating vendors and individual hobbyists will enter displays depicting the show's theme and the orchids will be judged by American Orchid Society judges. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of De[ray Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens to attend and support the DELRAY BEACH ORCHID SOCIETY'S 14TM ANNUAL SHOW "ORCHID HARVEST" to be held at the Old School Square Vintage Gymnasium on October 29~h, 30~h, and 3 l't, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of De[ray Beach, Florida, to be affixed this 19th day of October, 2004. JEFF PERLMAN MAYOR P.O. Box 1083 .................. ~ ~,I~ Delray Beach, F~ridas3447 Jeff Perlman, Mayor City of Delray Beach 100 NW 1st Avenue Delray Beach, Florida 33444 Subject: Proclamation Supporting the Delray Beach Orchid Society Show Dear Mr. Perlman: Last year you were so kind as to issue a proclamation supporting the efforts of the Delray Beach Orchid Society to support local charities and to educate the public regarding the beauty of nature and in particular Orchids I would like to ask you to continue this extension of good will. Enclosed is a draft of a proclamation supporting the annual show. We would appreciate it if you would issue this proclamation in support of our efforts. Please let me know when the proclamation will be read so that I can be in attendance. Thanks ever so much for making our city so great. Love those Orchids Show Chairman 561-496-3186 Enclosure City Of Delray Beach PROCLAMATION WHEREAS, the Delray Beach Orchid Society, founded in 1974, is affiliated with the American Orchid Society and shares the purpose of promoting the enjoyment of and education concerning orchids as well as their conservation and preservation in the wild in all areas of the globe; and WHEREAS, the Delmy Beach Orchid Society will hold it's 140' Annual Show, October 29th, 30th, and 31~t, 2004, in Old School Square Vintage Gymnasium; and WHEREAS, the theme of this year's show, "ORCHID HARVEST", seeks to encourage each person to advance their individual adventure and knowledge, while sharing the diverse beauty of fall blooming orchids: and WHEREAS, the statement of purpose of the Delray Beach Orchid Society is to stimulate interest, provide education and enable exchange of information among those interested in the culture of orchids, in all it's aspects; and WHEREAS, the Delmy Beach Orchid Society's annual show is regarded as one of the finest in the state, the society has chosen to honor the oldest active orchid grower, world wide, Mr. Jean Merkle of Alberta & Merkle, Inc., Boynton Beach, Florida as their Honorary Chairman. WHEREAS, participating vendors and individual hobbyists will enter displays depicting the show's theme and the orchids will be judged by American Orchid Society judges. NOW, THEREFORE, I, JEFF PERLMAN, Mayor of the City of Delmy Beach, Florida, on behalf of the City Commission, do hereby encourage all citizens to attend and support the DELRAY BEACH ORCHID SOCIETY'S 14TM ANNUAL SHOW "ORCHID HARVEST" To be held at the Old School Square Vintage Coannasium on October 29~, 30th, and 31 st, 2004. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of Delmy Beach, Florida, to be affixed this 19th day of October, 2004. JEFF PERLMAN MAYOR MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ - REGULAR MEETING OF OCTOBER 19, 2004 RESOLUTION NO. 78-04 DATE: OCTOBER 15, 2004 This is a resolution assessing costs for abatement action required to remove nuisances on fifteen (15) properties throughout the City. The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the properties in the event the assessments remain unpaid. Recommend approval of Resolution No. 78-04. AgraeraoCE.Res No 78-04 RESOLUTION NO. 78-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO CHAPTER 100 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LAND(S) LOCATED WITHIN THE CITY OF DELRAY BEACH AND PROVIDING THAT A NOTICE OF LIEN SHALL ACCOMPANY THE NOTICE OF ASSESSMENT; SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF NUISANCES; PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS. WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 100 of the Code of Ordinances, declared the existence of a nuisance upon certain lots or parcels of land, described in the list attached hereto and made a part hereof, for violation of the provisions of Chapter 100 of the Code of Ordinances; and, WHEREAS, pursuant to Section 100.20, 100.21 and 100.22 of the Code of Ordinances of the City of Delray Beach, the City Manager or his designated representative has inspected said land(s) and has determined that a nuisance existed in accordance with the standards set forth in Chapter 100 of the Code of Ordinances, and did furnish the respective owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 100.20, 100.21 and 100.22 of the Code of Ordinances describing the nature of the nuisance(s) and sent notice that within ten (10) days from the date of said notice forty-two (42) days in the case of violation of Section 100.04 pertaining to seawalls) they must abate said nuisance, or file a written request for a hearing to review the decision that a nuisance existed within ten (10) days from the date of said notice, failing which the City of Delray Beach would proceed to correct this condition by abating such nuisance, and that the cost thereof would be levied as an assessment against said property; and, WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof did fail and neglect to abate the nuisance(s) existing upon their respective lands or to properly request a hearing pursuant to Section 100.21 and 100.22 within the time limits prescribed in said notice and Chapter 100 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s) failed and/or neglected to abate such nuisance(s) within the time designated at the hearing wherein a decision was rendered adverse to the property owner(s); and, WHEREAS, the City of Delray Beach, through the City Administration or such agents or contractors hired by the City Administration was therefore required to and did enter upon the land(s) described in the list attached and made a part hereof and incurred costs in abating the subject nuisance(s) existing thereon as described in the notice; and, WHEREAS, the City Manager of the City of Delray Beach has, pursuant to Chapter 100 of the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs incurred in abating said nuisance(s) as aforesaid, said report indicating the costs per parcel of land involved; and, WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 100 of the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That assessments in the individual amounts as shown by the report of the City Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty (30) days after mailing of the notice described in Sec. 3, become a lien upon the respective lots and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner as mortgages and foreclosures are under state law. Section 2. That such assessments shall be legal, valid and binding obligations upon the property against which said assessments are levied. Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the has levied an assessment against said property for the cost of abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting said sums. A Notice of Lien shall be mailed, along with the Notice of Assessment and this resolution. Section 4. That this resolution shall become effective thirty (30) days from the date of adoption and the assessment(s) contained herein shall become due and payable thirty (30) days after the mailing date of the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such proceedings including a reasonable attorney's fee. Section 5. That in the event that payment has not been received by the City Clerk within thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and time of recording 2 Res. No. 78-04 of the certified copy of this resolution a lien shall become effective on the subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a reasonable attorney's fee. PASSED AND ADOPTED in regular session on this day of , 2004. MAYOR ATTEST: Acting City Clerk 3 Res. No. 78-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTION OWNER ASSESSMENT FAIRCREST HEIGHTS AMND PLAT, LOT 53, : PB 39, P 155 PUBLIC RECORDS OF i PALM BEACH COUNTY, FL (2147 SW 36TH TERRACE) ~ YOLLY P. VERZOSA . 12 43 46 25 09 000 0530 ! 1090 AMSTERDAM AVE #7 K CUST ID # 525 NEW YORK, NY 10025-1737 $ 42.00 ', $ 55.00 ADM FEE i : i CARVER PARK, LOT 26, BLOCK 2, PB 2, P 25, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1408 SW 3RD STREET) JOREL LOUIS 12 43 46 17 41 002 0260 142 SW 14TH AVENUE CUST ID # 9835 DELRAY BEACH, FL 33444 i $ 57.50 i $ 55.00 ABM FEE SOUTHRIDGE, LOT 22, BLOCK 10, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ~ SAMUEL N. & LIDIA LOPEZ (ZEDER AVENUE) i140 FLEMING AVENUE 12 43 46 20 13 010 0220 LAKE WORTH, FL 33463 CUST ID # 6516 i $ 57.50 iS 55.00 ADMFEE ! SOUTHRIDGE, LOT 23, BLOCK 10, PB 13, P 38 PUBLIC RECORDS OF PALM BEACH COUNTY, FL SAMUEL N. & LIDIA LOPEZ I (ZEDER AVENUE) 140 FLEMING AVENUE 12 43 46 20 13 010 0230 LAKE WORTH, FL 33483 CUST ID # 6516 ! $ 57.50 : $ 55.00 ADM FEE SOUTHRIDGE, LOT 21, BLOCK 10, PB 13, P 38 PUBLIC RECORDS OF PALM BEACH SAMUEL N. & LIDIA LOPEZ COUNTY, FL 140 FLEMING AVENUE (ZEDER AVENUE) LAKE WORTH, FL 33483 12 43 46 20 13 010 0210 i ! CUST ID # 6516 $ 57.50 . $ 55.00 iADM FEE Res. No. 78-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE TOWN OF DELRAY, LOT 3, BLOCK 47, PB 1, P 3, . PUBLIC RECORDS OF PALM BEACH COUNTY, FL AMERICAN RESIDENTIAL (206 SW 2ND AVENUE) INVESTMENT, INC. 12 43 46 16 01 047 0030 5051 45TH ROAD SOUTH CUST ID # 60 LAKE WORTH, FL 33463 $ 57.50 ~$ 55.00 ~DMFEE SECTION 17-46-43, E 43.74 FT OF S 140 FT OF N 165 FT OF N 1/2 OF NW 1/4 OF SW 1/4 OF NW 1/4, PB 1, P 3, PUBLIC RECORDS OF ; PALM BEACH COUNTY, FL i SIDNEY WASHINGTON (1402 NW 2ND STREET) c/o DENISE WASHINGTON 12 43 46 17 00 000 3100 2401 NW 23RD LANE # 1 CUST ID # 5659 FT. LAUDERDALE, FL 33311 : $ 57.50 $ 55.00 ADM FEE TOWN OF DELRAY, N 1/2 OF E 1/2 OF LOT 16, BLOCK 30, PB 1, P 5, PUBLIC ECORDS OF PALM BEACH COUNTY, FL . (146 SW 4TH AVENUE) ~:J. FELIZ DELANCY 12 43 46 16 01 030 0162 470 DEKALB AVENUE CUST ID # 8293 BROOKLYN, NY 11205-4448 $ 57.50 ' , $ 55.00 !ADM FEE I TROPIC ISLE 3RD SECTION, LOTS 411 & 412, PB 25, P 36, PUBLIC RECORDS OF PALM BEACH COUNTY, FL ! (FLORIDA BLVD) ';' KATHERINE D. MARTENS 12 43 46 28 03 000 4110 589 DEERFIELD DRIVE CUST ID # 8844 MELBOURNE, FL 32940-1947 ~ $ 68.50 ; $ 55.00 ADM FEE JEFFERSON MANOR, LOT 48, PB 24, P 150, RECORDS OF PALM BEACH COUNTY, FL RICHARD J. KATINGER & (1331 NW 4RD STREET) RICHARD J. MACQUET 12 43 46 17 24 000 0480 1021 EGREMONT DRIVE CUST ID # 9476 WEST PALM BEACH, FL 33406 $ 81.75 ADM , '$ 55.00 FEE Res. No. 78-04 COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE CHATELAINE NO. 1, LOT 13, BLK 5, PB 29, P 94, : DOLORES G. BELL PUBLIC RECORDS OF PALM BEACH COUNTY, FL c/o BONNIE & LARRY GOMEZ : (700 AVE CHAUMONT) 104 MEADOWS DRIVE 12 42 46 12 03 005 0130 BOYNTON BEACH, FL 33436 CUST ID # 9996 I$ 68.50 ! $ 55.00 ADM FEE OSCEOLA PARK, LOT 29, BLOCK 8, PB 3, P 2, PUBLIC RECORDS OF PALM BEACH COUNTY, FL . (719 SE 2ND AVENUE) ARIELLA JONAS 12 43 46 21 01 008 0290 729 SE 2ND AVENUE CUST ID # 10673 DELRAY BEACH, FL 33483 $ 57.50 $ 55.00 :ADM FEE RESUB OF BLOCK 29, DELRAY BEACH, LOTS 28 & 29, BLOCK 29, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (95 SW 5TH AVENUE) .VIINCENT VASQUEZ 12 43 46 17 06 029 0280 ~46 SW 8TH AVENUE CUST ID # 101 DELRAY BEACH, FL 33444 $ 70.75 i $ 55.00 ADM FEE TOWN OF DELRAY, N 50 FT OF S 356.4 FT i OF E 135 FT OF BLOCK 24, PB 1, P 3, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (322 SW 5TH AVENUE) !ADELENE JENKINS 12 43 46 16 01 024 0040 PO BOX 1993 CUST ID # 187 DELRAY BEACH, FL 33447 $ 57.50 '= $ 55.00 ADM FEE PLUMOSA PARK SEC A, SLY 38 FT OF LOT 114 NLY 32 FT OF LOT 115, PB 23, P 68, PUBLIC RECORDS OF PALM BEACH COUNTY, FL (1415 NE 3RD AVENUE) FRANCIS BONAM 12 43 46 09 19 000 1141 i 1415 NE 3RD AVENUE CUST ID # 10520 DELRAY BEACH, FL 33444 $ 700.00 '. :. $ 55.00 ADM FEE i VIOLATION IS: SECTION 100.01 - LAND TO BE KEPT FREE __ OF DEBRIS, VEGATION, MATTER CONSTITUTING HAZARDS; DECLARED NUISANCE Res. No. 78-04 TO: DAVID T. HARDEN CITY MANAGER ~~ ~ THRU' PAUL DORLING, DIRECTOR OF Pr...a~NNING AND ZONING FROM: SCOTT PAPE, SENIOR PLANNER~ SUBJECT: MEETING OF OCTOBER 19, 2004 **CONSENT AGENDA** ACCEPTANCE OF RIGHT-OF-WAY DEED ASSOCIATED WITH THE SPA ELEVEN SITE PLAN MODIFICATION. The action requested of the City Commission is acceptance of a right-of-way deed for Old Dixie Highway associated with Spa Eleven, located on the east side of North Federal Highway, approximately 156' north of Lake Avenue (1440 North Federal Highway). At its meeting of March 10, 2004 the Site Plan Review and Appearance Board (SPRAB) approved the Class Ill site plan modification for Spa Eleven subject to a condition that the western 20' of the subject property be dedicated for Old Dixie Highway right-of-way. The required right-of-way for Old Dixie Highway is 60' and 30' currently exists. Therefore, pursuant to LDR Section 5.3.1(D) (Right-of-Way Dimensions) and the Transportation Element of the Comprehensive Plan, the applicant is required to dedicate the necessary portions of land in order to provide the required right-of-way. The Development Services Management Group and City Engineer supported a reduction of the required right-of-way to 50'. The right-of-way deed has been reviewed and approved by the City Attorney's Office for legal form and sufficiency. Accept the 20' right-of-way deed for Old Dixie Highway associated with the Spa Eleven property by adopting the findings of fact and law contained in the attached SPRAB staff report, and that the acceptance is consistent with the Comprehensive Plan and meets the criteria set forth in Section 5.3.1(D)(4) of the Land Development Regulations. Attachments: [] SPRAB staff report dated March 10, 2004 [] Old Dixie Highway Right-of-Way Deed. '.lis IS A CERTIFIED TRUE ~.,OPY OFTHE DEED THAT WAS SENT FO~, RECORDATION. City Attorney's Office 200 N.W. 1st Av~nu~ Dclray Beach, Florida 33444 RIGHT--OF-WAY DEED limited liability company , with a ma~ng address of Twelve Ocean Harbour Circle, Ocean Ridge, FL 33435 , as party of the firm pa~ and CITY OF DELRAY BEACII, FLORIDA, a Florida municipal corporation with a mailing address of 100 N.W. 1st Avenue, Dekay Beach, Florida 33444, as party of the second part. WlTNESSETH' That said party of thc first part, for and in consideration of the mutual promises herein contained and other good and valuable consideration, does hereby grant, remise, release, quit claim and convey unto the party of the second part, its successors and assigns, all fight, rifle, interest, claim and demand which the party of the first part has in and to the following-described land, situate, lying and being in the County of Palm Beach, State of Florida, to-wit: See Exhibit "A' attached hereto. This Deed is made for the purpose of giving and granting to the party of the second part, its successors and assigns, a fight-of-way and easement in and to said lands for public highway, street, sidewalk and public utility purposes; and is made, executed and delivered with the express understanding and condition that should the same ever be discontinued or abandoned as a public highway or street, the title to same shall thereupon revert to and revest in the party of the first part or assigns. That this right-of-way shall be subject only to those easements, restrictions, and reservation of record. The party of the first part agrees to provide for the release of any and all mortgages or liens encumbering this fight-of-way. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above-described property. Party of the first part does hereby fully wan'ant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good fight and lawful authority to grant the above-described n'ght-of-way and that the same is unencumbered. Where the context of this Right-of-Way Deed allows or permits, the same shall include the successors or assigns of the parties. TO HAVE AND TO HOLD THE SAME, together with all and singular the appurtenances thereto belonging or in anywise incident or appertaining~ and all the estate, right, title, interest, and claim whatsoever of the said party of the first part, in law or in equity to the only proper use, benefit, and behalf of the said party of the second part, its successors and assigns. IN WITNESS WHEREOF, said party of the first part has hereunto set their hand and seal the date first above written. ~ WITNESSES: PAR~/~~T PART By: '~'! e('N~_..printed~r typed) (Name~finted or typed)~. (Name phnted or typed) STATE OF ~::[o~-,'~ cot~ o~ ~,.~ ~, ~ ~-~ The forego/nE instrument was acknowledged before me th/s ]3-/-t~ day of {name of o~cer or agent, title of officer or agent), of I~J ~.~t~_; ~m'~ corf~, s alT, ~ t._/_.~._ t(. ~f cowo~.t/on acknowl _ed~in~). a ~--~drt~,~ It~;'~e,~ (state or place of incorporation) ~°o~.~e~ o~ the ~. I~/She i~ p?ona.~ ~.o~ ,to me or h~ prod.~ (type of identification) as identification. owledgmentName T~ 2 EXHIBIT "A" The West 20.00 Feet of Lots 1, 2, 3, 4, 5 and 6, Block A, La Hacienda, according to the Plat thereof recorded in Plat Book 15, Page 6 of the Public Records of Palm Beach County, Florida. " SKE -'CHOFDESCRIP .ON ~ ~r6 Lomb- Bcoc~ ~ LEGAL DESCRIPTION THE WEST 20.00 FEET OF LOTS '1, 2, 3, 4, 5 AND 6, BLOCK A, LA HACIENDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 15, PAGE 6 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THIS IS NOT A SURVEY Not valid unless Rennet, Burgess, Inc. Authorization Number LB6504 sealed with embossed I S.E, 4th Ave., Suite 205 surveyors seal Dekay Beach, FL 33483 I hereby certify~that the SKETCH OF DESCRIPTION shown hereon Phone 561-243-4624 meets~h.e mini~p"~m technical standards set lorth in chapter 61G17-6, Fax 243-4869 Florida~/~dmini~t~ative Code I~Jrsuant to Section 472.027, Florida Fax Free 1-8~954-~08 Har¢~. ~rg.s I / // ~ P.L~No. 5089' ~ ~ ~ )~ IRENOVATIONS ANF'' DDI~ONS I J440 ~ORTH FEDERAL HIg~ DELRAY BEACH. FLORIDA ' i' , ~ ~ o i ~ ~ LAKE A~NUE S. ~ 12TH ST. ~ ~ ~ ~ I ~ t1~ f I ~~, ~ ~, I ' &.~ BU~ BOUL[VARD , CHURCH~ ~ DELRA Y ~ N ~ SPA ELEVEN PLYING · Z~ING ~PAR~T --- O~IT~ ~SE ~ ~S~M ---- ~ ~: ~726 THRU: PAUL D'ORLING, DIRECTp~)OF PLANNING AN FROM' SCOTT PAPE, SENIOR PLANNER~~/~~_ SUBJECT: MEETING OF OCTOBER 19, 2004 *CONSENT AGENDA* ACCEPTANCE OF AN EASEMENT DEED ASSOCIATED WITH THE TRINITY EVANGELICAL LUTHERAN CHURCH AND SCHOOL At its meeting of August 27, 2003, the Site Plan Review and Appearance Board (SPR^B) approved a Class IV site plan modification for a 2-story 28,700 square foot gymnasium, class rooms, library, and youth/recreation rooml As part of this development proposal, a water main will be ex'cended along Lake Ida Road to accommodate an additional fire hydrant. A 12' by 75' utility easement deed has been provided to accommodate this ~vater main and fire hydrant and acceptance by the City Commission is appropriate. By motion, accept the easement deed associated with the Trinity Evangelical Lutheran Church and School and forward the Easement Deed for recordingl Attachments: · Location Map · Easement Deed R_ Brian Shutt, Esq. City Attomofs Office . 200 N.W. 1st Avenue Delray Beach, Florida EASEMENT DEED THIS INDENTURF_~ made th£~ day 'of - - , -200~ by and between TRINITY EVAK(~KL-XU~L-'L-UT~rff~ .~IU~ ~ 400 t~. ~w~ntofi. Ave ........ ~ OF DEL~Y ~.CH ~ IN.C~ s ~ a ~g ao~ OX Delr~y Bch., ~33444 , ~ ot ~ ~nd p~: ~~E~: ~~of~~Mr~~~of~~ pm~ h~ ~n~ ~ o~ ~ ~ ~1~ ~o~ ~ h~ ~g ~M, ~R ~ ~1~ ~ ~ ~ of ~ ~ ~ i~ ~ ~ ~i~, a ~t of ~y ~d ~1 ~~t for ~ ~ of ~ ~ ~ ~ of ~o ~ ~ ~ ~ ~ fi~g ~~d~ov~,~~~ foRo~~~~~~~h D~~O~ ~ effect the purposes of the easemeut, as expressed hereinafter. That this easemeut shall be subject only to those easements, restrictions, and resetva~ons of record. That the party of fl~e flint p~ agrees lo provide for/he release or subord/nat/on of nnY and aH mottga~ or liem ~ ~ais easement. The l~n'ty of the first part also agree~ to erect no It is ~ lhat upon completion of n~ ~ all lnnds disturbed flz~ebY as a Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whom~er claimed by, flax)ugh or under it, that it has good right and lawful authority to grant the above-demon'bed easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WFFNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year fa~t above written. W1TNF~S #1: TRINITY EVANGELICAI~ LUTHE1La. N CHURCH (name printed or typed) (name printed or typed) STATE OF FLORIDA COUNTY OF PALM BEACH The forego_'mg insmanent~was acknowledged before me this ~q'~: day of ~'-~,.r~-e... , 200 4 bv 6a~', ~ I i C 65 cc,~x~_+ fname of ofti~a: or agent), of ~ITY -~-wa~,--; v.-a~ ,.b~h-gRAii -. non-pfU~t c~ro~c~ of~L~T~t~., ~fN~?-(nam¢ of cerpora~on), a ~Za. corp. (State or place of ~corporafion) ~orporafio,, on behalf of the corporaiom He/She B pm~o~ known to me or has produced (type of identification) as id~mtification and did/did not tsk¢ an ~/Commi~m DD2171~7 Sta~ of Florida W~/ Expires Sepleml)~' 21,2007 2 .'-SKETCH OFDESCRIPTION I ~ JJ.O' ~ NOTES: THIS IS NOT A SURVEY ; P.O.B. = POINT OF BEGINNING ASSUMED TO BEAR S.~O°O0'O0"W. 75.00' 75'00 'w ~ ~ S. 90~00'00 . I J.W. STREET ~ ~ S. 90~O0'O0"W. LSOUTH LINE LOT 12 SOUTH LINE OF SECTION DESCRIPTION: A PORTION OF LOT 12, MODEL LAND COMPANY'S SUBDIVISION OF SECTION 8, TOWNSHIP 46 SOUTH, RANGE 43 EAST, DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLA T BOOK 1, PAGE 4, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING A T THE INTERSECTION OF A LINE 40.0 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 12 AND A LINE 3.,t. 0 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SAID LOT EXHIBIT"A" 12; THENCE S. 90°O0'O0"W., ALONG A LINE 40.0 FEET SHEET I OF 1 NORTH OF AND PARALLEL TO THE SOUTH LINE OF SAID LOT 12, A DISTANCE OF 552.74 FEET TO THE ALONG SAID PARALLEL LINE, A DISTANCE OF 75.0 FEET TO A POINT ON THE WEST LINE OF THE EAST OF SAID LOT 12; THENCE N.O°OB'53"E., PAUL D. ENGLE MAPPER HALF (E. 1/2) ALONG SAID WEST LINE, A DISTANCE OF 12.0 FEET; SURVEYOR AND //5708 THENCE N. 90°OO'OO"E., A DISTANCE OF 75.0 FEET; THENCE S. 0°08'53"W., A DISTANCE OF 12.0 FEET DATE: MAY 18, 2004. TO THE POINT OF BEGINNING. O'BRIEN, SUITER · O'BRIEN, INC CERTIFICATE OF AUTHORIZATION//LB353 SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE 2601 NORTH FEDERAL HIGHWAY DELRA Y BEACH FLORIDA 33483 ORDER NO. 70-623"EA" (UTILITY,) (561) 276-4501 (561) 732-3279 N.E_ -- LEGEND -- ~ LEVEL - CLASS tV · . MODIFICATION 400 N. SVVINTON AVE. ~/ ~ LAKE TERR. N.W. ~TH ST. ~ N.E. 6TH ST. ~ L SUPPLEMENTAL INFORMATION PCN#: 12-43-46-08-21-012-0050 KINGS LYNN L ~ APPROXIMATEACREAGE: 8.85 5 ~ SUB OF SECTION 8-46-43E 1i2 OF TR 12 (LESS N 200 FT. S. 40 · I BEVERLY DR. ../ FT LAKE IDA RD P~/,E 33 FT. & TRGLR PAR N SWINTON AVE RNV) BOY SCOUT ZONING: CF (COMMUNITY N.E. 4TH FACILITIES) FLUM: CF-C (COMMUNITY L A K D A R O A D z FACILITIES-CHURCHES) JO POS T '~ EXISTING LAND USAGE: CHURCH . CASON '~ ~OFFICE ~' WITHINTRAFFICANALYSIS ME TH ODIS T j ~ - ZONE: #556 N.E. 5 T \, LON'G DMSION DIGITAL BASE-MAPPING J; GEOGRAPHIC INFORMATION SYSTEM N.W. 2ND ST. MARTIN LUTHER KiNG JR. DRIVE N.E. 2ND ST [lTV OF OELRI:I¥ BErlEH CITY ATTORNEY'S OFFICE ~°°-~'~TM^'~-~"~"^¥"~^~"' '~'-°~"~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7090 DELRAY BEACH ~ MEMORANDUM AJI.Amedca City DATE: October 8, 2004 TO: City Commission David T. Harden, City Manager _~ FROM: Terrill Pyburn, Assistant City Attorney SUBJECT: Authorization to Quiet Title to 3 Parcels The City of Delray Beach Department of Community Improvement has decided to use the following three (3) City properties for rehabilitative housing: 1 ) 1025 Mango Drive, PCN # 12-43-46-20-16-000-0540 2) 1027 Mango Drive, PCN # 12-43-46-20-16-000-0550 3) 1015 Mango Drive, PCN # 12-43-46-20-16-000-0510 Therefore, our office is hereby requesting authorization to pursue quiet title actions on each of the aforementioned parcels in order to make the title to these parcels insurable. Please place this matter on the next City Commission agenda for consideration. Please let me know if you have any questions. Thank you. TCP:smk cc: Chevelle Nubin, City Clerk £1TY OF ELAI:IY BER£H DELRAY BEACH · l-/~l'il~Ci~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 · 561/243-7000 ® I EMORANDU d 1993 2001 TO: David T. Harden City Manager FROM: ~obert A. Barcinski Assistant City Manager DATE: October 11, 2004 SUBJECT: Agenda Item City Commission Meeting October 19~ 2004 Agreement for Lobbying Services ACTION City Commission is requested to approve an Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. from October 1, 2004 to September 30, 2005 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. BA CKGR 0 UND Attached is a proposed Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. The amount of the agreement is the same as it has been the last several years. Services provided under this contract include providing the City lobbying assistance and representation with the Governor and Cabinet, local State Legislators, County Commissioners and Federal officials. The lobbyist attends legislative committee meetings, regular legislative sessions, special sessions as needed, and other meetings as required. She also interfaces with the Florida League of Cities assisting the City in coordinating its efforts with the League. In addition, the lobbyist will provide monthly reports when the legislature is not in session and every two weeks during the session. She will assist in developing the City's legislative platform and assist in identifying funding sources for projects. Ms. Daley has been the City lobbyist for 17 years. In the past, she has been instrumental in obtaining grant funding for Old School Square; and ensuring that Beach Re- nourishment legislation and funding have benefited the City. Ms. Daley has assisted in defeating legislation detrimental to the CRA and helped rewrite state statutes affecting CRA's. She has drafted legislation to expand wastewater reuse options without jeopardizing funding, assisted in obtaining grant funding for the Sandoway House, THE EFFORT ALWAYS MATTERS ~ ~. assisted the City in working with FPL to get turtle lights on A-l-A, and worked with the Municipal League on issues affecting cities. We have found in the past that it is beneficial to have a lobbyist based in Tallahassee, especially when committees and the legislature are in session. RECOMMENDATION Staff recommends approval of the Agreement for Lobbying Services with Kathleen Daley and Associates, Inc. in the amount of $48,000 from October 1, 2004 to September 30, 2005. Funding is available in account number 001-1111-511-34.90. RAB/tas File.'u: sweeney/agenda Doc:daley 04-05 Kathleen E. Daley & Associates Governmental Consultants 112 E~t Jeffer~n Street Tallahassc~, Florida 32301 Phone 850.222-5824 - Cell 850-510-4499 - Email kdal _ey2oool~_i~ol.com As ~overnment Affairs Consultant/Lobbyist for the City of Delray Beach, I, Katl~leen Daley, an equal partner of Kathleen Daley & Associates, inc., a public relations/political consulting/governmental affairs firm, will continue to rel~r~sent the interest of the City before the Governor and Cabinet, state ag~mcies, and the Florida Legislature, which representation would include atte~dance at all necessary House and Senate committee meetings during each cak~dar year, necessary delegation meetings, as well as the regular session and any relevant special sessions of the Florida Legislature, and continue to monitor all legislation affecting municipalities on behalf of the City of Delray Beach. As ~overnmental Affairs Consultant/Lobbyist for the City of Delray Beach, and m~aging partner of the account, working in conjunction with the Deiray Beach Cit~' .Council, the Delray Beach City Manager, and other such staff persons within the (:ity Administration as they are 'related to my duties on behalf of the City. I wl-~ make myself available to the above mentioned persons and offices on both regular and "as needed" basis for the meetings and discussions related to my duties on behalf of the City. In a~ldition to all previous responsibilities Kathleen E. Daley & Associates will pre~ide to the Commission, through the City Manager's office a monthly report du~i~g those months when the legislature is not in session. During the leg~lative session Kathleen E. Daley & Associates will provide a report/update evewj~, two weeks. Kathleen E. Daley & Associates will have regular conference calls throughout the session and as needed throughout the year. Katl~leen E. Daley & Associates will be provided with any documentation re~rding the Commission's master plan, long?range pr~n a~! overall wish list. Ka~l~leen E. Daley & Associates will review said documen~ts'.and -identil~ possible fumbling sources, legislation and any action required to assist in reaching the go~ls of the Commission. Katl~leen E. Daley & Associates, in coordination with the City Manager's office, will attend City Commission workshops~meetings to discuss and create the City's official legislative platform at the Commission's request. In a~ldition, if the Commission can see any reason why Kathleen E. Da!ey & Associates should attend any other community meetings Kathleen E. Daley & Associates shall be notified accordingly. It i~ ~ubmitted that my services would be initially contracted for a period of one ~1~ Tear from October 1, 2004 to October 1, 2005, to be reviewed for renewal by the Commission at the end of said period. l~ll~leen Daley & Associates, Inc. is willing to undertake the foregoing rel~esentation on the following basis: 1. l~thleen Daley & Associates, Inc. will be paid a retainer in the total amount of ~48,000 for the contracted period due in twelve ~12) equal monthly in~l~llments payable by the 30' h of each month beginning in October of 2004. 2. A~y additional "special project~' work which may be requested at any time by th~ City Commission of the Office of the City Manager, and which falls outside 'of m~ ~ealm of duty as Governmental Affairs Consultant~Lobbyist for the City, will be ~ontracted for separately and on a special project basis. 3. E~ther the City of Delray Beach or Kathleen Daley & Associates, Inc. may ter~minate this agreement at any time, pursuant to the following: ~i~ !~ terminated by the City of Deiray Beach at any time during the contracted pe~od, for other than good cause, Kathleen Daley & Associates, Inc. will retain th~ l~tal amount of $48,000. ~ii~ I~ terminated by the City of Delray Beach at any time during the contracted per~od, for good cause, Kathleen Daley & Associates, Inc. will retain Dal~ & Associates, Inc. which may subject the City of Delray Beach or Kathleen Dal~ & Associates, Inc. to negative publicity which would hamper the eff~tiveness of Kathleen Daley & Associates, Inc. in fulfilling their obligations u~f this agreement. '~ii~ if terminated by Kathleen Daley & Associates, Inc. at any time during the comll~acted period, Kathleen Daley & Associates, Inc. will retain a prorated to? dal~ portion of the total amount of $48,000. 4. Tills Agreement shall be executed as an original and three counterparts. W[[IqESSES: ATI~ST: CITY OF DELRAY BEACH, FLORIDA lv~¥OR JEFF PERL/V~N DATE API=I~OVED AS TO FORM: Cl'i~r~ AGENDA ITEM NUMBER: c.~ AGENDA REQUEST Request to be placed on: Date: X Regular Agenda Special Agenda ~ Workshop Agenda When: October 19, 2004 Description of agenda item: City Commission is requested to approve an Aqreement for Lobb¥in.q Services with Kathleen Dale¥ and Associates, Inc. from October 1, 2004 to September 30, 2005 in the amount of $48,000. Funding is available in account number 001-1111-511-34.90. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approval Department Head Signature: Determination of Consistency with Comprehensive Plan:~_.., ~ . A ""~A ~.~--~ City Attorney Review/Recommendation (if applicable): Budget Director Review.(r~quired on all items involving expenditure of funds): Funding alternatives: (if applicable) Account Number: (~O/- ///./-" ~"'//- .~-/. ~'0 Account Description: /~_~ ~,~J///. Account Balance: /~ ¢~;/gD City Manager Review: Approved for agenda: ~,~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # ' MYDELRA YBEA CH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting October 19, ~00~ Approval Tri-Party Agreement and Budget First Night DATE: October 11, ilO0~, ACTION: City Commission is requested to approve the Tri-Party Agreement for First Night 2005 between the City, Joint Venture, and Old School Square and the proposed budget for this year's event. BACKGROUND: The Old School Square Executive Committee will consider the Agreement at their noon meeting on October 19th and the Joint Venture Board will consider approval at their noon meeting on October 28th. The agreement is the same as it has been the last two years except that there is now a provision of renewal for two additional one year terms. Last year's expenses and revenues were reviewed in preparing the proposed budget and expense items were coded in the proposed budget to the proper division and line item. Last year some items were miscoded. RECOMMENDATION: Staff recommends approval of the Tri-Party Agreement for First Night 2005 conditional on approval by Old School Square and the Joint Venture and recommends approval of the proposed budget. RAB/tas File:u:sweeney/agenda Doc:Tri Part3, Agreement First Night AGREEMENT THIS AGREEMENT entered into this __ day of ,2004, by and between the CITY OF DELRAY BEACH, (hereinafter referred to as City), JOINT VENTURE and OLD SCHOOL SQUARE, and provides as follows: WHEREAS, the City desires to host "First Night 2005" on December 31, 2004; and WHEREAS, the City shall oversee the event; and WHEREAS, Joint Venture and Old School Square shall also contribute toward planning of the event; and WHEREAS, the City Commission has determined it to be in the best interests of the residents of the City to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and undertakings set forth herein, the parties hereby agree as follows: 1. INCORPORATION OF RECITALS The above-stated recitals are incorporated as if fully set forth herein. 2. Term. This Agreement shall begin on the date set forth above and shall end on January 31, 2005. This Agreement shall thereafter be automatically renewed for two (2) additional one (1) year periods unless any of the parties gives notice prior to July Ist of any year of the intent to cancel this Agreement. 3. Responsibilities and duties of the City include the following: a. Provide oversight for all aspects of event. b. Prepare budget. c. Review all expense requests and contracts. d. Deposit and keep a record of all revenues. e. Provide logistic support and staffing for traffic, security, cleanup and trash removal and EMS assistance. f. Provide barricades, signs, and installation of same. g. Provide clean-up and trash removal. h. Provide up to $5,000.00 contribution. i. Restore site, facilities, property, and equipment to the same condition as it existed on the date preceding the event commencement. j. Hire event coordinator through independent contractor agreement. 4. Responsibilities and duties of Joint Venture include the following: a. Provide office space, desk, telephone, and computer. b. Provide planning and coordination assistance. c. Assist in directing and overseeing work of event coordinator. d. Obtain volunteers and make event assignments. 5. Responsibilities and duties of Old School Square include the following: a. Agree to sign over event license to City. b. Provide space as needed free of charge. c. Provide technical and planning assistance. 6. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N .W. 1st Avenue Delray Beach, Florida 33444 2 To Joint Venture: Marjorie Ferrer 64-A S.E. Fifth Avenue Delray Beach, FL 33483 To Old School Square: Joe Gillie Old School Square, Inc. 51 North Swinton Avenue Delray Beach, FL 33444 or to such other addresses as either party may designate in writing. 7. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 8. Governing laws; venue. This agreement shall be governed by the laws of the State of Florida. Venue for any proceeding arising out of this agreement shall be in Palm Beach County, Florida. 9. Bindina Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of, and be enforceable by, the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns. 10. Entire Agreement. This Agreement shall constitute the entire agreement of the parties with respect to the subject matter of it. All prior understandings and 3 agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 11. Amendments. This Agreement may not be amended, modified, altered, or changed in any respect, except by a further agreement in writing duly executed by each of the parties hereto. 12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:, City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney WITNESS JOINT VENTURE By: Print Name: Title: (Print or Type Name) 4 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2004, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public- State of Florida WITNESS OLD SCHOOL SQUARE, INC. By: Print Name: Title: (Print or Type Name) (SEAL) STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 2004, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced as identification. Signature of Notary Public- State of Florida 5 [IT¥ DF DELRI:I¥ BEI:I[H DELRAY BEACH AII-AmericaCity 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444. 561/243-7000 ~TO' David T. Harden, City Manager 1993 FROM: ~Robert A. Barcinski, Assistant City Manager 2001 DATE: October 11, 2004 SUBJECT: AGENDA ITEM CITY COMMISSION MEETING OCTOBER 19, 2004 SPECIAL EVENT REQUEST- HOLIDAY PAGEANT PARADE ACTION City Commission is requested to endorse the Annual Holiday Pageant Parade co- sponsored by Parks and Recreation Department and Chamber of Commerce to be held on December 11th beginning at approximately 6:00 p.m. and to grant a temporary use permit per LDR's Section 2.4.6(H) for the closure and use of Atlantic Avenue from Gleason Street and Andrews Avenue to NW 1st Avenue and Miramar and Lowery for parade set up from approximately 4:00 p.m. to 7:30 p.m. Commission is also requested to provide staff support for traffic control and security, EMS assistance, barricading, trash removal and clean up and processing of the FDOT street closure permit. 8ACKtlROUND Attached is a permit received from Danielle Gallo requesting approval of this event with a copy of the event site plan, and budget. The parade will end on NW 1st Avenue in front of City Hall again this year. Since the event is co-sponsored by the Parks and Recreation Department there will be no charge per City policy for City costs. The estimated costs for the event which include overtime and barricade rental are approximately $6,500. Since this is a City co-sponsored event a hold harmless agreement is not required. A certificate of insurance is attached. Rt~COMM~IDATION Staff recommends approval of the event, the temporary use permit and staff support as requested with no charges for staff overtime or barricade rental. RAB/tas File:u:sweeney/events Doc: Agenda Holiday Pageant Parade 2004 THE EFFORT ALWAYS MATTERS Printed on Recycled Paper City of Delray Beach Special Event Permit Application PLEASE PRINT 1993 2~ Event Time(s): ~~~ k:00pm. ~~ da~ Event ContacUCoordinator: ( alln Name: Address: ~O ~ ]~ ~e)r~g ~. lelephone Number: ~ '7~77 ~ellular Number: E-mail Address: Event Description/Purpose: ~h ~ Sponsor Category (please check) Cityja'Non-Profit/Charitable [] Private Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) E~/4)~t Location (Describe are. boundaries~ of event/location): er~ ~le~a.q:rnSl-. /~n~tu, ts t-~,_,. O_,nd Mu) )~,~,~. Site plan attached yes X no (Site plan required for entire event site) Event budget attached yes no (Required for all events) ' Serving or selling alcoholic beverages yes, , no (If yes, copy of license and alcohol liability insurance required twb (2) weeks prior to event) ] Event certificate of insurance attached yes no il ltou (Required two (2) weeks prior to event naming the City as addition~{l'insured, also required for vendors) Playing of amplified music yes ,/~ no (Waiver required) Requesting Police assistance yes /~ no (traffic cOntrol/security) Will supplement with private security yes no _~' (If yes, need plan attached) Requesting Emergency Medical assistance yes no Requesting barricade assistance yes /,~ no Requesting trash removal/clean up assistance yes no Requesting trash boxes and liners yes no /~ . Requesting stage use yes no (If yes, check type) Large stage covered [] Large stage no cover [] Smallstage [] Half small stage [] Requesting signage yes ~ no Type: Event sign Directional signs_~L_L~,~z3~'f~(z:~d~ Banner hanging, Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes _~ no If yes, approximate number Health Department approval yes no Other vendors yes /~' no Tents yes no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no (If yes, type and location and copy of liability insurance required) Will the event be gated yes no/,~ (Show on-site map) Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes no (If yes, locate on-site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no ._~ (If yes, indicate ticket prices) Is reserved parking requested yes no (If yes, indicate locations) Event Contra~tor/Coordim{t~- - - Date Please print: ?3/3~'tl=j~P_., Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray Beach, Florida 33444. For Staff UseO~y /~ /7~__~ Date Received._.~==,~,~~_.,~ Application fee received Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval Delray Beach Holiday Parade Route Tennis W Center NW 1st Avenue Federal Highway South Federal Highway North [ Intracoastal Waterway ~ j ~' ~ ~" '~ Division B Division D o~ ,_ .~ ~ Miramar ~, ~ '~ m '~ ~ Lowry X ~ Venetian Drive Seabreeze Avenue~'~ .~'* 25 23 21 19 17 15 13 1197531 1357911 13 15 17 19 21 23 25 24 22 20 18 16 14 12 10 8 6 4 2 Start of 2 4 6 8 10 12 14 16 18 20 22 24 Division C Gleasou Street Parade Division A Andrews Ave. [~:LP-.~.Y DELRAY BEACH RECEIVED SEP 2. 2004 ~ptem~T ~, 2~ CiTY MANAGER ~. Da~e Ci~ ~a~a~e~ ~ ~ ~st A~e~ue ~at Da~e: ~e, o~ce a~, to sta~ work o~ t~e a~ua] ~oUday Pageant ~ wor~ wit~ t~e City's Pa~ks ~d R~atio~ ~p~me~t to o~e a~d co.duct t~e parade. ~e parade is scheduled f~ ~em~ H, 2~ ~d s~ou]d ~ p~ompt]y at 6:~ p.m. As ~ tAe past, would you ask tAe B~~ ~pa~me~t to apply ~o~ t~e D.O.~. ~it, "Request Jo~ Tempo~a~ ~os~ ct State R~d. We w~ ~d ou~ ~o~a] ]ette~ to t~e C~st Guard a~d to the ~C with ~o~ation o~ t~e parade a~d ~ su~mit t~e parade Dave, we app~ate tAe d~'s a~ista~ce ~ de~a~ some ct est~ated ~d~et ~o~ CAam~ ex~s a~d a~t~pated revenue. ~e C~am~ w~ su~mit t~e ~qu~t ~o~ t~e $2,~ ~[om ~e e~e~t so we ca~ pay t~e ~ds as s~ as As always, tAa~ you [o~ t~e cities outs~dA~ padidpation sm~t~y a~d suc~ss~Uy. EMimat~ in.me: E~imated ex. rises: City of Delray $2,000 Bands (payments to schools) - $2,000 Band S~nsors $1,500 Signs & bannem $ 250 Trophies $ 125 Total $3,500 Banner Ca~e~ (a Io~1 school) $ 200 Bob's Ba~des $ 250 Misc ~ 150 Total $2,975 ~am I- ~ P~sident cc: I~ ~eldon ~b ~ p~h~ Greater Delray Beach Chamber of Commerce · 6~ SE 5th Ave. · Delray Beach FL 33483 · (561) 278-0424 FAX 278-0555 bwood~elraybeach.com · www.delraybeach.com ~$TATE STATE NATIONAL INSURANCE CO. CERTIFICATE OF INSURANCE DATE ISSUED: 10112104 PRODUCER ~his ~e~te is Issued as ~ matter o[ In[or~lion only and ~nfem no rlgh~ u~n Adhur J. Gallagher & Co the ce~te holder. This cedlfl~te ~S Nor amend, e~end ~ alter the ~v~age 2255 Gl8des Road aEorded ~ the policies below. Suite 400 E, ' ....... Boca Raton, FL 3~31. COMPANIES AF~OR~ING COVE~GE COMPANY (A) STATE.~~~ COMPLY INSURED COMPLY Ci~ of Delrey ~ach 100 Nodh~st 1~ Ave. ~MP~Y Delmy Beach, FL 3~4 co~ (O) , ;.,.... ~..'"'..:.~' ....- .... ~.._r_-"~"...:"..'"..' . .-.-.,_,- ~:':~ , ..... .. -.... .., .. ..' ' :. · .. : - ~..'".- ' ,,, , .... " ~E~GES This ~ Io ~ra~ that ~e p~d~ o~ Insuran~ I~d be~ ~vo ~en ~ to ~e ina~d nam~ a~e f~ not~s~andlng any requirement, ~ ~ m~lm ~ aW =~ ~ 01h~ d~umant ~ ms~[ ~ wht~ ~ls cease may ~ ~su~ = may ~ln, ~e Insu~n~ afford by Ihe p~lcl~ des~d hem~ b su~t ~ all the ~. exdus~ns a~ ~difi~ o~ ~y ha~ ~en ~d by paid c~ims. .... '~ ., : =' , ~'-..'-'7;.;'7:-,,-":",',-'::","", .',' · ..... ., ........ .'. ' ' .' ' ' · - ' - ': .'" A ~ CO~ G~L L~B~[~ ~E BELOW ~E B~I.OW S~ ~L~ ~E~L AG~GATE FIRE. ~GE 0 A~ ~N~ AU~ BO~,Y 0 ~ED~EO R~OS 8OOa. Y I~URY 0 H~D A~O3 P~Y ~ 0 ~N~NEO A~ ~ 0 UM~L~ FORM ~H OC~RR~C~ EMPI.OY~ LIA~ILIW E~ ACC~D~ ~X - POLICY EU~ECT TO A $~ .~0 ~r ~c~ DESCRIPTION OF OPERATIONS~OCATION~EHICLE~SPECIAL ITEMS - ~ o~m~o~ ~al to e no.al Ct~ Go~mment induing Depa~ent of Tmnspo~Uon (DOT) ~ ~ use ot ~T ~y for H~day Panda ~ be held oo 1~11~4 ~ ~Uc A~enue. CER~I FLUTE ~LDER Sh~ld any ~ ~e able d~d p~ ~ ~n~lled besom ~par~ent of Tm~aon ogre ~er~l, ~a I~lng ~mpany will and~vor ~ 7g~ Foms~ Hill B~Ie~ ~e ce~te ho~er nam~ ~ ~e la~, but ~itum ~ ma~ s~ noU~ shall Imp~e West P~mBea~, FL 3~13 no obilgaUon or llablity of any ~d u~n ~e ~m~ny. mpmsen~fives. · San~ ~, ~aghy Meaflowflrook Insurance Group ~ MYDELRA YBEA CH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~Robert A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item City Commission Meeting October 19, ~00'~ Special Event Request - Holiday Tree Lighting DATE: October 11, ~oo~ ACTION: City Commission is requested to endorse the Annual Holiday Tree Lighting event to be held on the grounds at Old School Square on November 27, 2004 from approximately 6:00 p.m. until 9:00 p.m. and to approve a temporary use permit per LDR'S Section 2.4.6(H) for the use and closure of Atlantic Avenue from Swinton to NE/SE 2nd Avenue, SE 1 st Avenue from Atlantic to the alley and NE 1st Avenue from Atlantic to the alley from approximately 4:00 p.m. until 11:00 p.m. Commission is also requested to approve staff assistance for security and traffic control, site clean up and trash removal, barricading, and EMS assistance. Approval is also requested for stage set up and removal and use of City generator. BACKGROUND: Attached is the permit request for this event, budget, site plan and certificate of insurance. This is a City sponsored event with assistance provided by the Joint Venture for programming, promotion, and marketing. Since this is a City sponsored event a hold harmless agreement is not needed. Overtime costs for the event are estimated at $3,000, barricade rental $100, and stage rental $1,590. Since this is a City sponsored event there are no charges for City services. The event activities are to include entertainment, vendors, Santa Clause, and the ice skating rink and carousel. RECOMMENDATION: Staff recommends approval of the tree lighting event, the temporary use permit for street closures, staff assistance as requested, and use of the large stage and City generator. RAB/tas File:u:sweeney/events Doc:Agenda re Holiday Tree Lighting 2004 City of Delray Beach ~ ....... Special Event Permit Application -'~:: PLEASE TYPE OR PRINT ~993 2001 Event Name/Title: /,,/'e,./,tO~.~/. '7".A.o~ Event Date(s): -/l.~c>u~.~.~ ,d'7' ~ ~oz~' Event Time(s): ~e~v~ -- Event Sponsor/Producer: ~-'2, ~ c~ ~-~ ~ Event Contact/Coordinator: ,/27,~,~_ j,~'~ ;~ Name: Address: Oq',-A 3iF. ~4~ AV~- '"~.15 Telephone Number: ,~/9-13,f'o ~.¢f/~, Cellular Number: E-mail Address: Event Description/Purpose: ,~/% ~0.e~/ '7'.k.c.e. Lc.~[r~ ~ ~ Sponsor Category (please check)City ~ Non-Profit/Charitable [] Private [] Co-Sponsor- Non-Profit/Private [] (If Non-profit attach proof of 501c(3) or (d)) Event Location(Describe area boundaries of event/location): Site plan attached yes ~ no (Site plan required for entire event site) Event budget attached yes v/' no (Required for all events) Serving or selling alcoholic beverages yes no v/' (If yes, copy of ficense and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached yes v" no (Required two (2) weeks prior to event naming the City as additional insured, also _~ _ required for vendors) _~. _ Playing of amplified music yes v'" no (Waiver required) Requesting Police assistance yes v'" no (traffic control/security) Will supplement with private security yes no v"' (If yes, need plan attached) Requesting Emergency Medical assistance yes v/' no Requesting barricade assistance yes ~ no Requesting trash removal/clean up assistance yes ~ no Requesting trash boxes and liners yes v"" no Requesting stage use yes v/' no (If yes, check type) Large stage covered [] Large stage no cover ,~ Small stage [] Half small s~age [] ,, Requesting signage yes v- no Type: Event sign Directional signs. Banner hanging v"* Indicate dates required (Waiver required if more than one (1) week prior to event) Food and beverage vendors yes v"' no If yes, approximate number Health Department approval yes no Other vendors yes / no Tents yes v'"" no (If yes, tent permits and fire inspections maybe needed) Will the event include amusement rides yes no -v" (If yes, type and location and copy of liability insurance required) Will the event be gated yes no (Show on-site map) Will there be fireworks or other pyrotechnics yes no v" (If yes, contact Fire Marshall) Will there be cooking with compi'essed gas yes no v (If yes, contact Fire Marshall) Will you be providing port-a-lets for the event yes no ~" (If yes, locate on-s. ite map. ~lf no, indicate how you will handle restroom needs) ~ L.~ .~.~ ~J~ ~ Will there be a charge for the event yes no ~" (If yes, indicate ticket prices) Is reserved parking requested yes no (If yes, indicate locations) Event Contractor/Coordinator Date Please print: rl4~c.~=e.~.. Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 1st Avenue, Delray B~ach, Florida 33444. For Staff Use Only . _ Date Received ,,~/s~/~,,~ Application fee received $ Site map Budget Certificate of insurance Hold Harmless agreement Security plan Waiver alcoholic beverage Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspector approval Police Department approval Public Works approval Parks and Recreation approval City Commission approval 3 Delray Beach Holiday Festivities Schedule of Activities 2004 Sat, Nov 27 Tree Lighting Ceremony, 7 pm, Free admission Santa Arrival at 6 pm, Live Musical Performance Spectacular Light Show, Ice Skating, Carousel Rides, at Old School Square Sat / Sun, Nov 27 - 28 Downtown Fine Art Show, Pineapple Grove Main Street, 10 am - 5 pm - Free admission Thurs, Dec 9 Art & Jazz on the Avenue - Open House for merchants, shoppes, art galleries and restaurants - 6 - 10 pm, Free Admission - along Atlantic Avenue downtown. Visit the 100-Foot Christmas Tree Sat, Dec 11 Kids Day at the Tree, 10 am - 4 pm, Snow in Florida! Live Entertainment, Children's Activities; visit with Santa, Old School Square Downtown International Holiday Parade along Atlantic Avenue, 6 pm Sat, Dec 18 Breakfast with Santa, two seatings 8 am and 10 am, reservations required, Delray Beach Marriott, $7.00 Fri, Dec 31 First Night 2005! You're the Star Tonight!, 4 pm - midnight, various venues along Atlantic Avenue, $ 7.00 per button, children under 3 free. ~STATE qATION~_ STATE NATIONAL INSURANCE CO. CER~FICATE OF INSURANCE DATE iSSUED: 10/12104 PRODUCER This certificate is Issued as a matter of in[ormaUon only and confers no fights upon Arthur J. Gallagher & Co the cerfiticate holder. Thi~ cerl3qca~e ODES NOT amend, extend or alter the coverage 2255 Glades Road afforded by the policies below. Suite 400 E. Boca Retort, FL 33431 COMPANIES AFFORDING COVEF~AGE COMPANY (^) i STATI~ NATIONAL 1NSURAN_.C_E- (;QMPANY INSURED COMPANY ®) City of Delray Beach 100 Northwest Id Ave. COMPANY Delray Beach. FL. 33444 COMPANY (O} COVERAGES Thi~ ia lo cerlffy that the pol|cles o[ In$l~ance listed below have been issued to Ihe insured named above far the policy pedod Indicated, no~llhslandlng any requirement, term Dc condlUon of any contract or other document ~th respect to ~nich this ~e~fl~ may be issued o~ may ;)ertaln, the Insurance afforded by lY~ pailcles deaorlbed herein Is subject to al; the terms, exclusions end conditions of such policies. LlmlL~ shovm may have been reduced by paid claims. CO TYPE OF INSURANCE POlICY NUMBER PQUCY EFFECTIVE PQLK;Y ExPIr<ATION L}MIT~ LTR OAT~ [MiM/OC~'t~ DATE e~J~L A mt COMMEI~CIAL GENEI~N. LrABILITY ~ SI~.OW ~,P-E aB. OW SE~ BELOW G£NER/~. AGG~,EGATE Sl~_~: I~J~.LOW ~ Ct.AIMS M~.DE 1~3 OCCUR. PRODUCT$-COMP/QP r't OWNER'S & CONTtRACTOR'$ PROT EACH OCCURRENCI~ A Cl N~Y NJTO N~ Ai~41ca~ Nrd ~')l~ka/~ Ne[/~lcnb[~ GOM~INEO Q ALL OWNED AUTOS EODR. Y 0 .~-.I,'{~.DUL~D AUTOS ~30~LY IHJUR. Y [3 Iq~:Ifl-OWN~D AUTOS C) GARAGE L~LIT~ & O UIdBRJ~I.I.A trORN EACH OCCURRC_NCE ffi OTHER THAN UMBRELLA FORM MD8 0221~ g$ 10,' 1.,'~ 4 t ~'o1~1~ AGG RI~'..,ATE ~.,CX~O.~. WORKERS* COkff'EN3ATION .9*t'ATUTORY LIMIT~ ~o EMPk. OYF~9' IJ*~e~ITY EACH XXxx _ PO£[C~ SUE~/ECT TO A $50I ~,PO0 per occun'ence $./.R. DESCRIPTION OF OPERATIO~$/LOCATION$/VEHICLE$/$PEC~^L iTEMS - /Ut operations u~ual I~ a normal CJty Government ;nclud~ng Palm Beach County as addl[[ona{ Insured as respects City owned Chrl<tmas Tree ar~l ils use by Ihe Da[ray Beach Joint Venture during the 2004-2005 W~nler Hot;day ~eason. Ail other terms and cofldlllons of policy remain unchanged. CF. RTIFIC^TE HOLDER Should any of the above desc~3ed policies be cancefled before the expimlion Palm Beach Co~anty Parks & Recmalioa date Ihereof, f~e Issuing company w{ll endeavor to mall ~ days wdtEen no'~ce to 2700 $"' Ave., South ~e certificate holder named t~ tho [eft. bu( Pallum to mall suc~ notice shall impose Lake Worth, FL 3.3461 ~o obligation or liability of any kind upon Ule company, ils agenm or , represenlallvee. .~ ' Sandra Meadowbrook Insurance Group ~::5< :i: ::::,::: MYDELRA YBEA CH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting October 19, ~00-~ Approval Revised Policies and Procedures Special Events DATE: October IS, ~00'~ ACTION: City Commission is requested to approve the revised Special Event Policies and Procedures with an effective date of January 1, 2005. BACKGROUND: Attached is a copy of the revised Special Events Policies and Procedures with changes made per Commission consensus at your October 12th Workshop meeting. We are proposing that the effective date of the revision be January 1, 2005. If approved we will forward copies of the new policies and procedures to event sponsors. RECOMMENDATION: Staff recommends approval of the revised Special Event Policies and Procedures with an effective date of January 1, 2005. RAB/tas File:u :sweeney/events Doc:Agenda re Policies and Procedures Special Events SPECIAL EVENTS POLICIES & PROCEDURES I. Definitions A) Special Event - A special event is a non-routine happening or social activity bringing a large number of people together in a defined area on City facilities, right of way, or private property which requires City services to ensure safety and coordination. Special events include activities such as festivals, concerts, sporting events, parades, walks and runs, etc. This definition does not apply to events held at the Tennis Center, which require a separate contract. II. Types of Even~ A) Major Event - An event of one or more day duration with a cost of over $10,000 for City se~ices, staff ove~ime and equipment use. B) Intermediate Event - An event of one or more day duration with a cost of be~een $1,000 and $10,000 for City se~ices, staff ove~ime, and equipment use. C) Minor Event - An event of one day or less duration, with a cost of under $1,000 for City se~ices, staff ove~ime and use of equipment. III. General Policies ~ Event sponsors are required to obtain all City, State, Coun~ and Health Depa~ment permits, licenses and/or inspections as may be needed. ~ Event sponsors are responsible for submi~ing in writing permission as may be required from other governmental agencies, private properly owners, and designated managers of City prope~y ~ includinfl ~ ~ Old School Square. ~ ~ Event sponsors are primarily responsible for event promotion, marketing and adve~ising. City assistance will be provided through its Public Information Officer web page and other printed publications. ] FJ]c:u:s~nc~/cvcnts D~:S~ial E~cnt Polic~ and Procedure F-)D Only one major event will be allowed per month, unless otherwise approved by City Commission. G-) E A major and intermediate event will not be allowed on the same day or during the same week. H-) F No more than two (2) intermediate events will be allowed within the same week when total costs exceed $10,000. 1-) G City staff will assist in obtaining parking lot use agreements from the County and CRA as may be needed. J-)H Event sponsors or their contractors are required to submit required certificates of insurance, to include liquor liability when applicable, hold harmless agreements, and any required cash bonds to the City at least one week before the event. K-) I Submittal Requirement: · Maior Event - Initial requests must be submitted to the City Manager or his designee at least 90 days prior to the event. The permit application including all back up material must be submitted at least 60 days before the event. · Intermediate Event- Initial requests__must be submitted to the City Manager or his designee at least 60 days before the event. The permit application including all back up material submitted no later than 45 days prior to the event. · Minor Event- Initial r4~tu~w~,~s requests must be submitted to the City Manager or his designee at least 45 days prior to the event. The permit application and all back up materials must be submitted at least 30 days prior to the event. · Request for a new event must be submitted in writing at least 90 days before the event. · Event submittals may require (based on the type and the size of the event) · Site plan · Parking plan · Traffic plan · Private security plan · Alcohol control plan · Police security plan · Pyrotechnic permit submittals shall be submitted to the Fire-Rescue Department at least 30 days prior to the scheduled display. · Maintenance/clean up plan · City staff wi!! may provide assistance in developing said plans. · Entertainment schedule · Load in and take down schedule · Event Sponsors will be required to submit an event budget. The event application fee is due at time of permit submittal. File:u:sweeney/events Doc:Special Event Policy and Procedure 10Il 312004 All events shall be subject to compliance with Chapter 99 of the City's Code of Ordinances entitled "Noise Control." L-} J Event staffin~ Police - ~ police or other trained non-sworn personnel may be required ~"'-',.., . at the discretion of the Chief of Police or his/her desiqnee based upon proiected attendance numbers, type of event, traffic/pedestrian concerns, geographic location and site layout. · Mandatory police personnel are required for events where alcohol is served or sold by the event sponsor, event vendor, or other businesses within the event foot print. Fire - mandatory staffing may be required as determined by the Fire Chief in consultation with the City Manager or his designee normally when the total estimated crowd at anyone time in the venue area exceeds 2,500 people. However, staffing requirements must take into account venue risks, type of activity, and other safety considerations in addition to the size of the event. If the Police/Fire Department determines that there is no risk to public safety, then Police/Fire staffing of the event is not necessary. M-) K Minor events will be approved or disapproved at the staff level; all other events will be approved by the City Commission. Fil¢:u:swcency/events Doc:Special Event Policy and Procedure 10/13/2004 IV. Event Payment for City Services 1. Event sponsors will be required to pay for costs incurred by the City per the following schedule. For purposes of this section costs are defined as City staff overtime costs, stage use and set up costs, barricade rental charges and costs for signage. Non-profit and charitable organizations are defined as those with a 501c(3), c(4), e~ c(6), c(10) and c(19) designation. All other sponsors not designated as by the City eF a_As non- profit/charitable will be considered as private sponsors. In order to be considered as a non-profit under one of the cate.qories above, the event sponsor must have the IRS desi.qnation by the time of the event. A) City sponsored or co-sponsored event - No charges for City costs. B) Privately Sponsored Events - Event payment schedule will take effect as of date of approval of these policies. Years calculated are based on inception date of the event. Minor Event ......., 100% payment of all costs. Intermediate Event · Years 1-2 50% payment of costs over $1,000 · After year 2 payment of 100% of costs Major Event · Year 1-2 50% payment of total cost · Year 3 60% payment of total cost · Year 4 ~5 75% payment of total cost · Afte~ Year 5 100% payment of all costs and after C) Non-Profit/Charitable Or_qanization Sponsor Events For purposes of determininq char.qes, the date of inception of the event will be used. Minor Event · Years 1-2 no charges · Years 3-5 50% of cost · After year 5 100% of cost 4 File:u:sweeney/events Doc:Special Event Policy and Procedure 10/13/2004 Intermediate Event ($1,000 - $10,000) · Years 1-2 no charges · ~ nnn no charge first $1,000; 20% for amount over $1,000 · After year 5 =: nnn no charge first $1,000; 40% for amount over $1,000 Major Event (over $10,000) · Years 1-2 no charges · Years 3-5 first $10,009 First $1,000 exempt, 30% of balance, · After year 5 ~;'~* $In nnn 7~o/_ ~ ~ .... ~ ..... ~ O"~r $In nnn $10,000 - $19,999 First $1,000 exempt, then 35% of balan~ $20,000 - $29,999 First $1,000 exempt, then 40% of balance $30,000 - $39,999 First $1,000 exempt, then 50% of balance $40,000 - $49,999 First $1,000 exempt, then 60% of balance over $50,000 First $1,000 exempt, then 65% of balance D) Permit Fees Event processing permit fees will be charged as follows: · Minor event $50.00 · Intermediate Event $100.00 · Major Event $200.00 Above payment structure does not include charges that may be contracted for use of Old School Square or Tennis Center. Charges specified in contracts for these sites may be different from and/or in addition to the above schedule. Additional charges will be made for stage rental and barricade rental. Barricade rental charges will be levied when the City is required to rent additional barricades. Event sponsors are responsible for all costs for po~alet rentals, barricade rentals from private companies, area lighting rentals, tent, table, chair rentals and any other costs for equipment or supplies that the Ci~ does not have for use. V. Neighborhood Block Pa~ies ~ Permit applications for neighborhood block pa~ies will be reviewed for ~--,¢"-' ....... k ....... k--;- by the City Manager or his designee Consideration of approval will be based upon the following policies: · ~ Permit applications must be received in writing by the City Manager's Office at least ~ 2~ days prior to the event. 5 Filc:u:s~ncy/c~cnts Doc:S~i=l Event ~olicy and Procedure 10/~ 3/2004 · ~ Permit applications must be submitted by the Homeowners Association or where there is no Homeowners Association e¢ by other individuals with a petition signed by 51% of the homeowners who live on the block. · Approvals will only be given for a one (1) block area. · Consumption or sale of alcohol on City rights-of-way will not be permitted. · Structures other than barricades are not allowed in the City rights-of- way. · Homeowners Association will be required to pay all overtime costs that may be incurred. · Impacts due to other events will be considered in approval process. · Applications will not be approved for any activity past 10 p.m. · Approvals will not be given for individual homeowner sponsored parties or events. VI. Permit denials may be appealed to the City Manager within twenty {20) days of the denial except for neighborhood block parties which may be appealed within five {5) days of the denial. The City Manager must render a written decision within five {5) business days thereafter for all events except for neighborhood block parties which shall require a written decision within two {2) business days. If the City Manager upholds the permit denial for an event, regardless of classification, then the applicant may appeal the City Manager's decision to the Circuit Court of Palm Beach County within thirty (30) days. A) Grounds for Denial of Permit Permit applications shall be reviewed by the Assistant City Manaqer or his/her designee within thirty (30) days of submission of the permit application. Permits may be denied for any of the following reasons: · The application for permit (including any required attachments and submissions) is not fully completed and executed; · The applicant has not tendered the required application fee with the application or has not tendered the required user fee, indemnification agreement, insurance certificate, or security deposit within the times prescribed by the Assistant City Manager or his/her designee; · The application for permit contains a material falsehood or misrepresentation; · The applicant is legally incompetent to contract or to sue and be sued; · The applicant or person on whose behalf the application for permit was made has on prior occasions damaged municipal park property within the City of Delray Beach and has not paid in full for such Filc:u:swccncy/cvcnts Doc:Special £vcnt Policy and Procedure 10/13/2004 damage, or has other outstanding and unpaid debts to the City of Delray Beach; · A fully executed prior application for permit for the same time and place has been received, and a permit has been or will be granted to a prior applicant authorizing uses or activities which do not reasonably permit multiple occupancy of the particular park or part hereof; · The use or activity intended by the applicant would conflict with previously planned programs organized and conducted by the City of Delray Beach and previously scheduled for the same time and place; · The proposed use or activity intended by the applicant would present an unreasonable danger to the health or safety of the applicant, or other users of the park, of City Employees or of the public; · The applicant has not complied or cannot comply with applicable licensure requirements, ordinances or regulations of the City concerning the sale or offerinq of any goods or services; · The use or activity intended by the applicant is prohibited by law, by the City's Code of Ordinances or by these regulations; · The applicant has demonstrated unsatisfactory performance in the past. File:u:sweeney/events Doc:Special Event Policy and Procedure 10/13/2004 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~°° ~TM^~'~'"-'-~^~ .~^~.. ~,.o~,~^.~.~ TELEPHONE 561/243-7090 · FACSIIvIILE 561/278-4755 DELRAY BEACH Wdter's Direct Line: 561/243-7091 iJI,Anwica City I 11! MEMORANDUM TO: City Commission David Harden, City Manager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Amendment to Lease A.qreement with FIND The City entered into a lease agreement with the Florida Inland Navigation District (FIND) on March 8, 2000 regarding the lease of the parcel located between the Intracoastal Waterway and Federal Highway and just south of Knowles Park. On March 16, 2004 the City entered into an agreement with FIND and the Delray Harbor Club association which provided for the transfer of certain properties between the 3 entities so as to facilitate the construction of boat launch area on the property leased from FIND. As a result of the property transfer FIND obtained title to a certain parcel of land that abutted Federal Highway and provided access to the rest of the FIND property, currently leased to the City. This amendment incorporates the newly obtained parcel into the existing lease agreement between FIND and the City. Our office requests that this item be placed on the October 19, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Joe Weldon, Director of Parks and Recreation Randal Krejcarek, City Engineer FLORIDA INLAND NAVIGATION DISTRICT October 7, 2004 Joe Weldon, Director COMMISSIONERS Parks and Recreation Department City of Delray Beach CATHLEEN C. VOGEL 50 NW 1 st Avenue CHAIR M,^M,-D..~ECOU.r.' Delray Beach, FL 33444 CHARLES R. FAULKNER VICE-CHAIR *~aCER Co~ Dear Mr. Weldon: SUSAH M. ENGLE TREASURER BROWARD COU"W RE: MSA 650 Lease Amendment No. 1 GAlL A. BYRD SECRETARY MAwr,, cou~ Enclosed is Lease Amendment No. 1 which has been executed by the GRAYCE K. E^RCK District. Please return a fully executed copy of this amendment to the vo~us,Acou~ District for our files. Should you have any questions concerning this JOHN D. BOOTH PALM BEACH COUNTY matter please contact me. KENNETH F. HOFFMAN iNDIAN RIVER COUNTY GEORGE L KAVANAGH ST. LUCIE COUNTY MICHAEL D. MESIANO DUVAL COUNTY CHARLES A. PADERA ST. JOHNS COUNTY j~RY.. SA~OM David K. Roach BREV^RO COOm Executive Director DAVID K. ROACH EXECOTIVE DIRECTOR MARK T. CROSLEY ASSISTANT EXECUTIVE DIRECTOR ADMINISTRATIVE OFFICE ON THE INTRACOASTAL WATERWAY IN PALM BEACH COUNTY 1314 MARCINSKI ROAD, JUPITER, FLORIDA33477-9498 TELEPHONE 561-627-3386 FAX No. 561-624-6480 www.aicw, org AMENDMENT NO. 1 TO THE LEASE AGREEMENT BETWEEN THE FLORIDA INLAND NAVIGATION DISTRICT AND THE CITY OF DELRAY BEACH THIS AMENDMENT No. 1 to the lease agreement dated March 8, 2000 between the CITY OF DELRAY BEACH ("City") and the FLORIDA INLAND NAVIGATION DISTRICT ("FIND") is hereby amended this day of , 2004. WITNESSETH: WHEREAS, City and FIND entered into a lease agreement dated March 8, 2000; and WHEREAS, the City and FIND have entered into a land swap agreement with the property owner to the north of the leased property, which changes the boundaries of the leased parcel; and WHEREAS, the parties wish to amend the lease agreement to alter the legal description depicted in Exhibit "A". NOW, THEREFORE, the parties hereto in consideration of the covenants contained agree as follows: 1. Recitals. The recitals set forth above am hereby incorporated as if fully set forth herein. 2. Modification. Exhibit "A" to the lease agreement is hereby modified as follows: 3. Entire Agreement. Except as modified by this amendment, the odginal agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed on the date wdtten above. ATTEST: CITY OF DELRAY BEACH By: City Clerk Mayor, Jeff Perlman Approved as to Form: City Attomey ATTEST: BOARD OF COMMISSIONERS OF THE FLORIDA INLAND NAVIGATION DISTRICT Secretary' ' w Chairman Legal form Approved District Counsel 4 Exhibit A MSA 650 Lot 27 and that portion of Lot 11, Block 2, of Model Land Company's subdivision of Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, according to plat recorded in Plat Book 1, Page 128, of the public records of said Palm Beach County, lying west of the Westedy right of way line of the Intracoastal Waterway from Jacksonville to Miami, Flodda, as that dght of way line is shown on the plat recorded in Plat Book 17, at Page 17-B, of the public records of said Palm Beach County, and more particularly described as follows: Commence at the Southwest comer of said Section 21 for a point of reference; From said point of reference run along the South line of said Section 21, North 89°49'09" East, a distance of 2414.37 feet to an intersection with the Westerly dght of way line of the Intracoastal Waterway aforementioned; thence along said Westerly right of way line, North O1°22'42" East, a distance of 1660.20 feet to an intersection with the South line of aforementioned Lot 11, said point being marked by a concrete monument with a brass cap therein; stamped "U.S. Right of Way", the same being the point of beginning for the tract herein described; From said point of beginning run thence along the South line of aforementioned Lots 11 and 27, South 89°51'37" West, a distance of 536.58 feet to an intersection with the accepted West line of said Lot 27; Thence along said accepted West line of Lot 27, North 00°34'00.. East, a distance of 332.02 feet to an intersection with the North line of said Lot 27; Thence along the North line of Lots 27 and 11, North 89°52'07" East, a distance of 537.75 feet to an intersection with the Westerly right of way line of said Intracoastal Waterway; Thence along said Westerly right of way line, South 00°46'07" West, a distance of 331.96 feet to the point of beginning hereinabove mentioned. Containing 4.09 acres, more or less. Less A parcel of land being a portion of Lot 27, Block 2, of the "Model Land Companys Subdivision" In Section 21, Township 46 South, Range 43 East, Palm Beach County, Florida, being more particularly described as follows: Begin at the Northeast corner of the Plat of q'he Comiche", as recorded In Plat Book 53, at Page 28, Public Records of Palm Beach County, Florida (said point also being the Northwest comer of said Lot 27, Block 2) and run thence South 00 degrees 19' 48" West along the East line of the said Plat of "The Comiche", a distance of 122.84 feet; thence North 32 degrees 00' 05" East, a distance of 144.85 feel; South 59 degrees 59' 58" West, along the North line of said Lot 27. Block 2, a distance of 76.05 feet to the Point of Beginning. Containing In all 4874.007 square feet or 0.107 acres, more or less. Subject to easements, restrictions, reservations and rights-of-way of record. Plus Ccntc~n[ng ' ~7! Tract 3__ __e ............................. _ = ^ portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Ran.qe 43 East, accordin.q to the plat thereof as recorded in Plat Book 1, Parle 128, Public Records of Palm Beach CounW, Florida, described as follows: Commencin.q at the Southwest Comer of Lot 27, Block 2 of said Plat of ''Model Land Company's Map of Section 21, Township 46 South, Ran.qe 43 East" thence R.0°25'14"E., alon.q the West Line of Said Lot 27 said line also beinfl the East kine of said Lot 11 ), a Distance of 24.00 Feet to a Point on a Line 24.0 Foot Rorth of and Parallel to the Westedy Proiection of the South kine of Said Lot 271 thence R.80°58'31-W., alonfl said Parallel kine, a Distance of 203 74 Foot to a Point on the East Riflht of Way Line of U.S. Highway Re. li thence S.32°03'14 ''W., alonfl said Right of Way kine, a Distance of 28.:31 Foot to a Point on the Westerly Proioction of the South Line of said Lot 27; thence 8.80°58'31"E., alonfl said Wostody Proiecfion, a Distance of 218.60 Feet to the Point of Booinnino. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER SUBJECT: AGENDA ITEM # ~ ~ - REGULAR MEETING OCTOBER 19, 2004 REPORT OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS DATE: OCTOBER 1 S, 2004 Attached is the Report of Appealable Land Use Items for the period October 4, 2004 through October 15, 2004. It informs the Commission of the various land use actions taken by the designated boards that may be appealed by the City Commission. Recommend review of the appealable actions for the period stated. Receive and file the report as appropriate. S:\City Clerk\agenda memos\apagmem, lO. 19.04 TO: DAVID T. ~~.~CI~AG~R THRU: PAUL DORLING, DIRECTOR ~ PLANNING AND ZONING FROM: JASMIN ALLEN, PLANNER ~7~ ~2/~ ~ SUBJECT: MEETING OF OCTOBER 19~2004 *CONSENT AGENDA * REPORT OF APPEALABLE LAND USE ITEMS OCTOBER 4, 2004 THRU OCTOBER 15, 2004 The action requested of the Ci~ Commission is that of review of appealable actions which were made by various Boards during the period of October 4, 2004 through October 15, 2004. This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed by the City Commission. After this meeting, the appeal period shall expire (unless the 10 day minimum has not occurred). Section 2.4.7(E) of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: 1. The item must be raised by a Commission member. 2. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. No Regular Meeting of the Planning and Zoning Board was held during this period. A. Approved (7 to 0), a request for an exception to the master sign program to allow for corporate colors for a flat wall sign for Fast Frame within The Plaza at Delray, located at the northwest corner of Linton Boulevard and South Federal Highway (1534 South Federal Highway). B. Approved (6 to 1, Christina Morrison dissenting), a request for an exception to the master sign program to allow for corporate colors for flat wall signs for CVS Pharmacy within The Plaza at Delray, located at the northwest corner of Linton Boulevard and South Federal Highway (1690 South Federal Highway). C. Approved (7 to 0), a request for an exception to the master sign program to allow for corporate colors for a flat wall and an under-canopy signs for CVS Pharmacy, located within Pineapple Grove Shops on the west side of Pineapple Grove Way, north of NE 3"d Street (314-338 Pineapple Grove Way). D. Denied (7 to 0), a request for a color change for Love Realty Building, an existing commercial building, located on the north side of East Atlantic Avenue, east of NE 1st Avenue (133-135 East Atlantic Avenue). City Commission Documentation Appealable Items Meeting of October 19, 2004 Page 2 E. Approved (7 to 0), a request for a color change for Bo-Dels Printing, an existing commercial building, located on the west side of NE 5th Avenue, north of NE 4th Street (460 NE 5th Avenue). F. Approved with a condition (7 to 0), a request for a color change for TDS Properties, Inc. an existing commercial building, located on the east side of Congress Avenue, south of Old Germantown Road (2055-2085 Congress Avenue). G. Approved with conditions (7 to 0), a request to reconsider the landscape plan and architectural elevation plan associated with the conversion of a commercial building (formerly Rosella's Bakery) to an artist studio (to be known as Art Studio), located at 630 George Bush Boulevard (south side of George Bush Boulevard, east of NE 6th Avenue). The Class II site plan modification was previously approved by the Board. H. Approved (5 to 0, Dan Carter stepped down and Christina Morrison abstained), a Class I site plan modification and architectural elevations associated with the establishment of a sales office for Astor (fka Villas in the Grove), located at the northeast corner of Pineapple Grove Way and NE 1st Street (111 Pineapple Grove Way). I. Tabled (6 to 1, Mayer Abbo dissenting), a Class I site plan modification and architectural elevation plan associated with the replacement of windows with sliding glass doors and color change for Cugini Grille, located on the south side of East Atlantic Avenue, east of SE 2nd Street (270 East Atlantic Avenue). The Board requested that the applicant provide photographs and detailed drawings of the elevations of all sides of the building and provide detailed drawings of the proposed doors. J. Tabled (7 to 0), a Class I site plan modification and architectural elevation plan associated with the replacement of the existing guardhouse and entrance signs for Rainberry Bay, located on the north side of Lake Ida Road and Rainberry Boulevard (2501 Rainberry Boulevard). The Board requested that additional details of the elevation be provided. K. Approved with conditions (6 to 0, Dan Carter stepped down), a Class II site plan modification and landscape plan associated with the relocation of seven back-out parking spaces from NE 6th Avenue (northbound Federal Highway) to NE 3rd Street for Delray Inn, located at the southeast corner of NE 6th Avenue and NE 3rd Street. L. Approved with conditions (7 to 0), a Class II site plan modification and architectural elevation plan associated with the construction of a 576 sq. ft. screened addition to the existing pavilion/kitchen for Colony Cabana Club, located on the east side of State Road A-l-A, at the intersection of Linton Boulevard and State Road A-I-A. M. Approved (7 to 0), a Class III site plan modification, architectural elevation plan associated with the conversion of 650 sq. ft. of office to retail bakery for Chrissy's Sweet Treats, located at the southeast corner of SE 5th Avenue (southbound Federal Highway ) and SE 2"~ Street (201 SE 2n~ Street). N. Tabled (7 to 0), a Class V site plan, landscape plan and architectural elevation associated with the construction of a three-unit townhouse project located at 2808 Florida Boulevard, located on the west side of Florida Boulevard, 125' south of La Mat Avenue. The Board voiced concerns that the units were poorly designed and requested that the applicant addressed the conditions of approval noted in the staff report prior to action by the Board. City Commission Documentation Appealable Items Meeting of October 19, 2004 Page 3 Hi~TOi~)C ~ESE~ATION BQ~ ~E~iN~ ~ ~ 2 0 ~ ·: I 1. Approved with conditions (7 to 0), a request for a Certificate of Appropriateness associated with the installation of a free standing sign for 205 NE 5th Terrace (Independence Title), located at the intersection of NE 2nd Avenue, NE 5th Terrace and Dixie Boulevard. Concurrently, the Board denied (7 to 0) a request to reduce the required 40' sight visibility triangles at the intersections of NE 2nd Avenue, NE 5th Terrace and Dixie Boulevard. 2. Approved (7 to 0), a blanket sign program for the two mixed-use buildings for the Atlantic Grove development, located on the north side of West Atlantic Avenue, between NW 3rd Avenue and NW 5th Avenue. 3. Approved (7 to 0), a request for a Certificate of Appropriateness associated with a roof material change for 219-221 North Swinton Avenue, a non-contributing duplex dwelling located on the west side of North Swinton Avenue, approximately 122 feet north of NE 2nd Street. 4. Approved (7 to 0), a Class II site plan modification, landscape plan, architectural elevation plan and a Certificate of Appropriateness associated with demolition of a non-contributing building addition and construction of a six (6) space parking lot for 19 South Swinton Avenue, located on the east side of South Swinton Avenue, south of Atlantic Avenue. No other appealable items were considered by the Board. The following items which were considered by the Board will be forwarded to the City Commission for action. · Recommended approval with conditions (7 to 0), of amendments to Land Development Regulations Sections 4.4.24 and 4.3.4(K) pertaining to the OSSHAD (Old School Square Historic Arts District). · Recommended approval (7 to 0), of a re-plat of Lots 26-28, Block 4 Del-Ida Park (two lots proposed) for Del-Ida Point Plat, located at the southwest corner of NE 2nd Avenue and NE 6th Street. · Recommended approval (6 to 1, Jeffrey Silberstein dissenting), of a re-plat of Lots 2-5, Block 5, Del-Ida Park (three lots proposed) for Dixie Del-Ida Plat, located on the southeast corner of Dixie Boulevard, lying west of NE 2na Street. Other Items The Board on a 7 to 0 vote, tabled the proposed designation of the Northwest Swinton Avenue Historic District to the November 3, 2004, meeting. The Board requested that staff research and respond to queries that properties having a historic designation are unable to obtain homeowners insurance. ,~ :i:~:' : = ;: :; : !'~ OMMENDED ACTION :: :'~; : I By motion, receive and file this report. Attached: Location Map CITY OF DELRAY BEACH, FLORIDA - City Commission Meeting- ~u,.~R~A,~vo. OCTOBER 19, 2004 L-30 CANAL F I -1 L__J '~ LAKE IDA ROA ~ LAKE L - - -- ¢- N.W 2ND ST. I I % -J LOWSON BOULEVARD S.~'Z ',,,,~ LINTON BOU£~tA~O L-38 CANAL C-15 CANA£ SPRAB HPB 1. 205 NE 5TH TERRACE A. FAST FRAME (THE PLAZA A T DELRA Y) B. CVS PHARMACY ( THE PLAZA AT DELRAY) 2. ATLANTIC GROVE ..... OTY LIMITS C. CVS PHARMACY 3. 219-221 NORTH SW/NTON AVENUE D. LOVE REALTY BUILDING 4. 19 SOUTH SWlNTON AVENUE L. COLONY CABANA CLUB I ONE MILE E. BO-DELS PRINTING F. TDS PROPERTIES, INC M. CHRISSY'S SWEET TREATS GRAPHIC SCALE G. ART STUDIO N. 2808 FLORDIA BLVD H. ASTOR CITY OF DELRA ¥ BEACH, FL I. CUGINI GRILLE PLANNING & ZONING DEPARTMENT J. RAINBERRY BAY HOUSE JUL Y 20O4 K. DELRA Y INN -- DIGITAL BASE t,,[4P SYSTEM-- MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~k_ - REGULAR MEETING OF OCTOBER 19, 2004 AWARD OF BIDS AND CONTRACTS DATE: OCTOBER 15, 2004 This is before the City Commission to approve the award of the following bids: 1. Purchase award to Sanders Company, Inc. in the amount of $27,675.00 for one (1) dry pit/submersible sanitary sewerage pump for Lift Station No. 50. Funding is available from 442-5178-536-61.83 (Water/Sewer Renewal and Replacement Fund/Lift Station No. 50 Conversion). 2. Contract award to Utility Service Co., Inc. in the amount of $58,645.00 for exterior paint repair of the elevated storage tank, damage was sustained during Hurricanes Frances and Jeanne. Funding is available from 442-5178-536-46.90 (Water/Sewer Renewal and Replacement Fund/Other Repair & Maintenance). 3. Bid award to Sports Turf One, Inc. in the amount of $47,760.00 for the landscape maintenance of the multi-purpose fields at Atlantic High School. Funding is available from 001-4131-572-34.90 (General Fund/Other Contractual Services). Recommend approval of the above bids and purchases. S:\City Clerk\agenda memo\Bid Memo. 10.19.04 City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager F R O M: C. D anv ers Be att y,P. E~. ]~~''~ Deputy Director of~'~'l~lifies DATE: October 8, 2004 SUBJECT: Installation of Dry Pit/Snbmersible Sanitary Sewerage Primps Sanitary Sewer Lift Station No. 50 Attached is an agenda request, location map and quote for purchase of one dry pit/submersible sanitary sewerage pump. The pump will be installed in Lift Station No. 50 and will replace an existing pump which is failing and beyond repair. Sanders Company, Inc. is the sole source provider for Fairbanks Morse dry pit submersible pumps with a total proposal of $27,675.00. Based on their proposal and satisfactory performance of past work in the City, we are recommending award of the purchase to Sanders Company, Inc. in the total amount of $27,675.00. Funding will be from Account # 442-5178-536-61.83, Lift Station 50 Pump Replacement Please place this item on the October 12, 2004 Agenda for consideration by City Commission. CDB/pd Attachments cc: Richard Hasko, P.E., Director of Environmental Services Robert Bullard, Maintenance Manager City Clerks Office Agenda File U:\wwdataXBeattyXMemos\LS 50 Pump Replacement 100804.doc ~ ,~._.. ~._ (~y (I) FMrl~sb Morse Mod~ Iff' ~ ~M 4~ Voit 3 Note: ~s ~p w~ ~ a ~lic~ of ~ exi~g ~ ~3 ~ ~ 97~3 ~ ~ ~2 S~i~ ~ 42~17 ~(1) 10"~ 12" ~El~w ~ S 26,175.00 Jlrreifbt S ISO0.OO Note:. Sd~e~t to Fuel Surcbmr~s Jfnpplicnbie. $ 27,67fl.00 ~a~ Total Price $ , Plus Tsx if AppllcoMo F.O.B. Shipment. 8 - 10 , weekn Mtor receipt of ~ 8pproval or Mdvor M submitlil cbita in tho Stuart Office. eut~Meione ie mqulreel. ~ (30) ~ tut epomval wl{I be atlov~d. No haM-bee~, ead~ diecounla, or ocher =red~ will bo &'la. md. To~ 'UFm~ Crmlll AW, n~l I~rly (30) ~ m~! nlnrl up ~ oomee flint. ~lJm , dWoJ ,, lo ......AccoMod~s ci,,ym Ph: $61-2~9-2057 AGENDA REQUEST Agenda Item No. Request to be placed on: X Regular Agenda Date: October 8, 2004 __ Special Agenda __ Workshop Agenda When: October 12, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of a purchase from Sanders Company, Inc. for one dry pit/submersible sanitary sewerage pump in the amount of $27,675.00. The pump will be installed in Lift Station No. 50 and will replace an existing pump. Funding is available from Account # 442-5178-536-61.83, Lift Station 50 Pump Replacement. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staff recommends approval of purchase from Sanders Company, Inc. Department head signature ! 00 ~ t~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable):. Budget Director Review (re.~l~ired on all items involving expenditure of funds): Funding available: I~,,S/NO 3t[ ~ ~ t~ ~ ~/o~t [og F~ding alternatives .(if applicable) Accost No. & Description qq2-Siq[- 53~- b/. ~ ~ 5g, t ~ff Accost Balance ~ ~c~ o o O ~ Ci, Manager Renew: ~'~X ~ ~¢ HoldAppr°veduntil:f°r agenda: ~O ~ ~, ~ ~c Agenda Coordinator Renew: Received: Placed on Agenda: Action: Approve~isapproved U:\wwdataLgorms~Agenda Requests\04Oct08-AgendaReq - Sanders Company.doc City Of Delray Beach Department of Environmental Services M E M 0 R A N D U M TO: David T. Harden City Manager FROM: C. Danvers Beatty, P.~. ]~) Deputy Director of Pub/lid'Utih'ties DATE: October 11, 2004 SUBJECT: Exterior Paint Repair 0.5 Million Gallon Elevated Water Storage Tank Attached is an agenda request for approval of a quotation from Utility Service Co., Inc. for exterior painting repair of the elevated storage tank. As you may be aware, during Hurricanes Frances and Jeanne the west side of the tank sustained severe damage to the protective coating and much of the City logo. An on site inspection by Utility Service Co. revealed significant damage to the coating which if not quickly repaired could result in additional corrosion. The cost to repair the tank will be submitted to FEMA as part of the Disaster Reimbursement Package. Based on their existing maintenance contract and satisfactory performance on the original project, we are recommending award of the repair work to Utility Service Co., Inc. in the total amount of $58,645.00. Funding will be from Account # 442-5178-536-46.90, Other Repair & Maintenance. Please place this item on the October 19, 2004 Agenda for consideration by City Commission. CDB/ped Attachments cc: Richard C. Hasko, Director of Environmental Services City Clerk Agenda File U:\wwdata~BcattyhMemos\04Oct 11 -Utility Service Co.doc ~,~ Utility Service I II C 0 R P 0 P. A i' Mr. Danvers Beatty City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 October 6, 2004 Dear Mr. Beatty: We have reviewed the photographs from the Delray Beach Plant Tank inspection. In addition, we have contacted the coatings manufacturer, Tnemec Coatings, who responded just this morning. This tank is unique as the current coating system is less than 6 months old. Initially, we felt we could repair the coating system utilizing a one coat over coat system; however, Tnemec informed us today that due to the age of the existing T- 1074 coating a tie coat would be necessary. Therefore, based on those findings and recommendations from the paint manufacturer we propose the following repair: First, the polyurethane top coat is missing from over 50% of the dome and structure. This has exposed epoxy intermediate coat and "chalking" or oxidization have begun. Some of the intermediate coat also appears to have been "abraded" and is missing. Without adding protection corrosion will begin very soon. The polyurethane top coat serves two purposes, adding a pleasing appearance by providing color and gloss retention and providing a protective barrier for the epoxy prime and intermediate coats. Epoxy coatings that are used in an epoxy/urethane system are not designed for exterior exposure service and therefore must have a protective finish coat. This is especially important for a tank located in a coastal environment. The epoxy would fail extremely fast. Second, both the polyurethane top coat and epoxy intermediate coat show significant peeling at the edges where that coat has been abraded away. Significant preparation work needs to be done to feather each edge to eliminate any "raised" edge. To be absolutely sure we have good adhesion between the existing coating and the new top coat the manufacturer suggests we apply a tie coat of an epoxy mastic to the entire tank. The mastic actually bites into the existing surface and bonds with the remaining coatings whether epoxy or polyurethane to provide an anchor for the top coat. Therefore we recommend: A complete power wash to remove any salts as well as flaking paint · SSPC #2 & #3 the abraded areas · Apply a full tie coat of Tnemec T-135 epoxy mastic · Apply a polyurethane top coat of Tnemec T-1074 · Reapply the logo The cost to perform this repair is $58,645. Should you have any questions, please free to give me a call. Sincerely, Michael J. Lewis Vice President AGENDA REQUEST Agenda Item No. Request to be placed on: X Regular Agenda Date: October 11, 2004 __ Special Agenda __ Workshop Agenda When: October 19, 2004 Description of item (who, what, where, how much): Staff requests Commission approval of a quotation for painting repairs to the elevated water tank from Utility Service Co., Inc. in the amount of $58,645.00. The repair is a direct result of damage sustained during Hurricanes Francis and Jeanne. The cost to repair the tank will be submitted to FEMA as part of the reimbursement package. Funding will be from Account # 442-5178-536-46.90, Other Repair & Maintenance. ORDINANCE/RESOLUTION REQUIRED: YES/NO DRAFT ATTACHED YES/NO Recommendation: Staffrecomm~s award of the quotation to Utility Service Co., Inc. Department head signature: ~k__.7(/~ ~~~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (re~ired on aH items involving expenditure of funds): Funding available' ~S~O Funding alternatives (if applicable) AccountNo. &Description q~-S/q/lf'-§$~4q~.~O IA]_~ ~ ~,,,oew~4 ~,fl. 0~., ~?<~...~ Account Balance~/~ ~, tv ~ ~,,~ City Manager Review: Approved for agenda: ~/IqO ~,~ Hold Until: Agenda Coordinator Review: Received: Placed on Agenda: Action: Approved/Disapproved U:\wwdata\Forms~Agenda Requests\04Octl 1-AgendaReq - Utility Service Co..doc MEMORANDUM TO: David Harden, City Manager FROM: Patsy Nadal, Buyer~)~'t) THROUGH: Joseph Saffor"~ance Director DATE: October 11, 2004 SUBJECT: DOCUMENTATION -CITY COMMISSION MEETING October 19, 2004 - BID AWARD - BID #2004-41 LANDSCAPE MAINTENANCE- ATLANTIC HIGH SCHOOL MULTI-PURPOSE FIELDS- ANNUAL CONTRACT Item Before Commission: City Commission is requested to approve the bid award to the Iow bidder, Sports Turf One, Inc. for landscape maintenance of the multi-purpose fields at Atlantic High School for an estimated annual cost of $47,760. BackRround: Responds to Bid #2004-41 were received on September 8, 2004 from three (3) contractors, all in accordance with the City Purchasing policies and procedures. A tabulation of bids is attached for review. Per attached memo dated October 7, 2004, the Director of Parks and Recreation recommend award to Sports Turf One. Sports Turf One is the current vendor for this contract and for the past three (3) years has performed satisfactory. Recommendation: Staff recommends award of bid #2004-41 to the Iow bidder, Sports Turf One, for the landscape maintenance of Atlantic High School multi-purpose fields at an estimated annual cost of $47,760. Funding from account code #001-4131-572-34.90. Attachments: Tabulation of Bids Memo from Director of Parks and Recreation [IT¥ (IF I)ELII;I¥ BER[H DELRAY BEACH ~ 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444- 561/243-7000 AII-A~tcaCity 1993 2001 MP. MOI~ZLNDUH TO: Patsy Nadal Buyer FROM: Joe Weldon Director of Parks and Recreation SUBJECT: Bid #2004-41 DATE: October 7, 2004 Attached please find a spreadsheet for Bid #2004-41 for landscape maintenance for the multipurpose field at Atlantic High School. I recommend the contract be awarded to the low bidder, Sports Turf One, Inc., in the amount of $47,760. This should be charged to account #001- 4131-572-34.90. They are the current vendor for this area and their contract expires October 31, 2004. They have done a satisfactory job and have the necessary equipment and experience. Please place this on the agenda for City Commission consideration on October 19, 2004. In addition, please extend Sports Turf One's current contract for one month so that landscape maintenance on this area can continue until the contracts are signed 'and fully executed. Jo~eldon Dir~tor of Parks and Recreation Attachments cc: David Harden, City Manager Tim Simmons, Parks Superintendent Ref:lsbidrec THE EFFORT ALWAYS MATTERS Printed on Recycled Paper AGENDA ITEM NUMBER: ~> ['--'"~ AGENDA REQUEST Request to be placed on: October 19, 2004 Date: October 11, 2004 XX Consent Agenda ~ Special Agenda ~ Workshop Agenda Description of agenda item: City Commission is requested to approve the bid award to the Iow bidder, Sports Turf One, Inc. for landscape maintenance of the multi-purpose fields at Atlantic High School for an estimated annual cost of $47,760. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approve award to the Iow bidder, Sports Turf One, for the landscape maintenance of the multi- purpose fields at Atlantic High School for an estimated annual cost of $47,760. Funding from account code 001-4131-572-34.90. Department Head Signature: ~ \ \ Determination of Consistency with Comprehensive P'Ian: City Attorney Review/Recommendation (if applicable): Budeet Director Reyiew (l, equired on all items involving expenditure of funds): ~ Funding available: Yes p/ No Funding alternatives: (if applicable) Account Number: ~./- ~/,3/-- ~? ~.._-~zJ. ~'0 ~/~q'/'~$'__ Account Description~)f,~ ,,(& W' ,,~------~'~ · ~ ~ ~, ~'~ P--O ~ '/~ ~ S/.~ £- Account Balance: City Manager Review: Approved for agenda:~ ~ No Hold Until: Agenda Coordinator Review: Received: Action: Approved Disapproved MEMORANDUM TO: David Harden FROM: Harry J. Hamilton r.~ SUBJECT: IAFF- Ocean Rescue Collective Bargaining Agreement DATE: October 7, 2004 The attached One (1) year Agreement and the attached Memorandum of Understanding have been ratified by the Professional Fire Fighters & Paramedics of Delray Beach, Local - 1842. This Agreement, October 1, 2003 through September 30, 2004, replaces the previous Agreement dated October 1,2001 through September 30, 2003. During negotiations, the City and the Union have agreed to a successor Agreement that addressed economics including a 1% Across the Board increase and a 5% movement in Salary Ranges. I recommend your approval and the ratification by the City Commission Our Commitment Is Our Bond ' 00T-07-2004 THU 08:36 AM DELRRY BEACH FIRE DEPT, 561 243 7408 P, 01 PROFESSIONAL FIRE FIGHTERS & PARAMEDICS i OF DELRAY BEACH, LOCAL-1842 October ? 2004 i VI~ FACS [MILE ~ .~ H~ H~ ~lto~ H~ R~o~s Dir~tor [', CiW ofD~ lmy B~h 100 NW sx Av~ue Delray B~ ae~ Flofi~ 33~ Dear Mr. tamilten, The mem!,ers of the Bargaining Unit have ratified the agreed upon Collective Bargaining Agreeme~t between the Professional Fire Fighters & Paramedics of Deltas, Beach, Local- I842 IAFF, Ocean Rescue and the City ofDelray Be~ch fi'em October 1, 2003 until Septembe~ 30, 2004. If you nee~i any additional information please feel free to give me a call at (954) 445- 8328. Sincerely, COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF DELRAY BEACH, FLORIDA AND THE PROFESSIONAL FIRE FIGHTERS AND PARAMEDICS DELRAY BEACH, LOCAL 1842, IAFF APPLICABLE TO OCEAN RESCUE FULL TIME CLASSIFICATIONS 10/1/03 - 9/30/04 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIN ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 TABLE OF CONTENTS Pa~e Article 1 Preamble 1 Article 2 Recognition 2 Article 3 Bargaining Unit 3 Article 4 Grievance Procedure 4 Article 5 Dues Check Off 15 Article 6 Discrimination 16 Article 7 Union Business 17 Article 8 Correspondence 19 Article 9 Bulletin Boards 20 Article 10 Hours of Work 21 Article 11 Recall 23 Article 12 Overtime 25 Article 13 Salaries 26 Article 14 Working Out of Classification 28 Article 15 Vacation 29 Article 16 Holidays 33 Article 17 Sick Leave 34 Article 18 Bereavement Leave 37 Article 19 Health Insurance 38 Article 20 Seniority 40 Article 21 Posting of this Agreement 41 Article 22 Management Rights 42 CITY OF DELRAY BEACH & ~TERNAT~NAL AS~C~TION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2~3~004 Article 23 Strikes and Illegal Activity 45 Article 24 Unconstitutionality Clause 47 Article 25 Duties of Employment 48 Article 26 Probationary Period - New Employees 49 Article 27 Probationary Period - Promoted Employees 50 Article 28 Dismissal/Discharge 51 Article 29 Resignation 53 Article 30 Leaves of Absence With Pay 54 Article 31 Leaves of Absence Without Pay 55 Article 32 Absence Without Leave 56 Article 33 Outside Employment 57 Article 34 Solicitation of or by Employees During 59 Working Hours Article 35 Non-Applicability of Civil Service Act, 61 Civil Service Rules and Regulations and Personnel Policies Article 36 Damage to City Property 62 Article 37 Pension Plan Matters 64 Article 38 Physicals 65 Article 39 Comprehensive Drug andAlcoholAbuse 67 Policies and Procedures Article 40 Maternity Leave 82 Article 41 Workers' Compensation 83 Article 42 Certification Incentive Pay 84 Article 43 Compensatory Time & Tuition Reimbursement 85 Article 44 Labor-Management Committee 86 Article 45 Disability Insurance 87 ii CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 Article 46 Schedule Swap 88 Article 47 Duration 89 Signature Page 90 111 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 1 PREAMBLE This Agreement is entered into by the Employer, the City of Delray Beach, Florida, a municipal corporation, hereinafter referred to as "City," and the Professional Fire Fighters and Paramedics of Delray Beach, Local 1842, I.A.F.F., hereinafter referred to as the "Union," for the purpose of promoting harmonious relations between the City and the Bargaining Unit Employees, hereinafter referred to as "Employees," to establish an orderly and peaceful procedure for settling differences which might arise and to set forth the basis and full agreement between the parties concerning rates of pay, wages, hours of work, and other conditions of employment. This Agreement shall apply to full time employees in the following classifications; Ocean Rescue Operations Supervisor, Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee. CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIN FIGHTE~ OCEAN RESCUE CONTRACT 2003~004 ART I CLE 2 RECOGNITION Section 1 The City recognizes that the Union is the Certified Bargaining Agent of the Employees for the purpose of representing the Employees for all matters relating to wages, hours and terms and conditions of employment. Section 2 The Union may designate one (1) representative, and one (1) alternate representative and shall notify the City Manager and the Department Head in writing of the identity of its designated representatives. The Union President may also designate a Union representative to represent an Employee in grievance proceedings, and shall notify the Department Head in advance of any such designation. An Employee shall have the option of proceeding individually or by a person of his or her own choosing; provided, however, that only the Union may request arbitration of a grievance pursuant to Article 4 of this Agreement. CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 3 BARGAINING UNIT The Bargaining Unit represented by the Union shall be the Bargaining Unit for which the Union was certified by the City of Delray Beach Public Employee Relations Commission, April 19, 2001, under Case # RC01-001, as amended from time to time. This Agreement shall apply to full time employees in the following classifications; Ocean Rescue' Operations Supervisor, Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee. CITY OF DELRAY BEACH & ~TERNATIONAL ~C~TION OF FI~ FIGHTE~ OCEAN RESCUE CONTRACT 2003-2~4 ARTICLE 4 GRIEVANCE PROCEDURE Section 1 A. A grievance is defined as a dispute involving the interpretation or application of this collective bargaining agreement (Agreement). Recommendations of discipline shall be processed in accordance with and shall be merged into the grievance procedure. The time frame for an employee to file a grievance shall begin upon receiving first notice of the recommended discipline. If a timely initial grievance is not filed upon receiving notice of the recommended discipline, the employee shall not be permitted to grieve the final recommendation of discipline and imposition of discipline unless a further recommendation or final imposition differs from the previously recommended discipline. For purposes of this Article, working days shall mean Monday through Friday inclusive, but excluding all City holidays. B. Effective September 30, 2004, Satisfactory, Excellent, and Exceptional Employee Performance Appraisal evaluation ratings maybe grieved but not beyond Step 3 of this procedure. 4 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIN HGHTE~ OCEAN RESCUE CONTRACT 2003-2004 Section 2 Grievances shall be processed in accordance with the following procedure: Step 1: If an employee feels a grievance has occurred, the employee shall within ten (10) working days of the occurrence (or reasonable discovery thereof), submit a grievance in writing to his/her immediate non-bargaining unit supervisor. The written grievance shall include the following: (1) A statement of the grievance, including date of occurrence, and details and facts upon which the grievance is based. (2) The article(s) and section(s) of the Agreement alleged to have been violated. (3) The action, remedy, or solution requested by the employee. The grievance shall be signed by the aggrieved employee. Provided, however, at the employee's request, a Union representative may represent the employee, in which case the Union representative may sign the grievance on behalf of the employee. The immediate non-bargaining supervisor shall submit his/her answer in writing within ten (10) working days after presentation of the grievance. CITY OF DELRAY BEACH & ~TERNATIONAL ASSOCIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003-2004 Ste~ 2: If the grievance has not been satisfactorily resolved in Step 1, the employee (or the Union representative on behalf of the employee) shall present the grievance to the Department Head or his/her designee, within ten (10) working days from the day the response was due in Step 1. The Department Head, or his/her designee, shall meet with the employee and/or the Union Representative within ten (10) working days of receipt of the grievance. The Department Head or his/her designee shall respond in writing within ten (10) working days from the day of the meeting. Ste~ 3: If a grievance has not been satisfactorily resolved in Step 2, the employee (or the Union representative on behalf of the employee) shall present the grievance to the City Manager, or his/her designee, within ten (10) working days from the day the response was due in Step 2. The City Manager, or his/her designee, shall meet with the employee and/or the Union representative within ten (10) working days of receipt of the grievance. The City Manager, or his/her designee, shall respond in writing within ten (10) working days from the day of the meeting. 6 CITY OF DELRAY BEACH & ~TERNATIONAL ~C~TION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2~3~004 Section 3 A. If the grievance has not been satisfactorily resolved within the procedure set forth in Section 2, the Union (on behalf of the employee) may submit the grievance to arbitration by notifying the City Manager, or his/her designee, of its decision to arbitrate the grievance. Such notification shall be given within ten (10) working days from the day the response was due from the City Manager or his/her designee at Step 3. B. Prior to arbitration and upon mutual agreement, the Union and the City may select a mediator and participate in mediation. Mediation must be requested within fifteen (15) calendar days from the day the City Manager's response in Step 3 was due. If mediation does not resolve the matter, or if the parties do not agree to mediate, the Union may proceed to arbitration. C. The City will then request the Federal Mediation and Conciliation Service (FMCS) to provide the parties with an arbitration panel. The parties shall select an arbitrator by alternate striking within fourteen (14) calendar days of receipt of the FMCS list of arbitrators. D. The arbitration hearing shall be held within thirty (30) days after the arbitrator has been selected, provided the arbitrator is available on a date acceptable to the parties. 7 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE HGHTE~ OCEAN RESCUE CONTRACT 2003°2004 E. The arbitrator shall have jurisdiction and authority to decide the grievance, as defined in this Article. However, the arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement the Agreement or any part thereof or amendment thereto. F. The arbitrator may not issue declaratory or advisory opinions, and the arbitrator shall be confined exclusively to the question which is presented, which question must be actual and existing. G. If either party elects to file a brief, the brief must be mailed (postmarked) to the arbitrator no later than fifteen (15) calendar days after the close of the hearing or after receipt of the transcript if one is ordered, whichever is later. H. The arbitrator shall render his/her decision within thirty (30) days of receipt of the briefs or of the close of the hearing, whichever is later. I. The decision of the arbitrator shall be final and binding on all parties, subject to those challenges permitted by law. J. Each party shall bear the cost of its own witnesses and representatives. The parties shall bear equally the cost of the arbitrator. Any party requesting a copy of the CITY OF DELRAY BEACH & ~TERNATIONAL ~C~TION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2~3~004 transcript of the arbitration hearing shall bear the cost of it. Section 4 A. The Union retains the exclusive right to request arbitration or withdraw a grievance (which it has filed or on which it is the representative) at any time. B. The Union has the right, pursuant to Section 447.401, Florida Statutes, to not represent employees who are not members of the Union in any grievance. In that event, a non-member who wishes to pursue his/her own grievance may proceed in accordance with Section 447.401, Florida Statutes. However, the City will notify the Union and afford the Union the opportunity to be present at any grievance meetings or arbitration hearings. C. Where a grievance is general in nature in that it applies to a number of employees having the same issue to be decided, or if the grievance is directly between the Union and the City, the Union may present such grievance directly at Step 2 of the grievance procedure (within the time limits provided for the submission of a grievance at Step 1). D. Any grievance not processed in accordance with the time limits provided in this Article shall be considered abandoned. Provided, however, the time limits set forth in this Article may be extended by joint agreement of the CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003-2004 City and the Union (or of the employee if appropriate) which is confirmed in writing. The parties may mutually agree in writing to waive any time limits or provisions of the grievance procedure. Section 5 A. The arbitration shall be conducted under the rules set forth in this Agreement, not under the rules of the FMCS. Subject to the following, the arbitrator shall have the jurisdiction and authority to decide a grievance as defined in this Article and to enforce compliance with the terms and conditions of the Agreement. In cases other than a discharge, demotion, or a suspension of more than seven (7) calendar days for non-shift Employees or more than two (2) shifts for shift Employees, the arbitrator shall not substitute his or her judgment as to the wisdom or the degree of severity of disciplinary action imposed on any Employee by the City unless the City fails to demonstrate by a preponderance of the evidence that the disciplinary action was not arbitrary or capricious. In determining whether the City has demonstrated that the disciplinary action was not arbitrary or capricious the arbitrator's inquiry shall be strictly limited to the following issues: 10 CITY OF DELRAY BEACH & ~TERNAT~NAL ~SOCIAT~N OF FI~ FIGHTE~ OCEAN RESCUE CONTRACT 2003-2004 1. Whether the City possessed evidence of the misconduct before imposing the discipline ultimately imposed; 2. Whether the employee is guilty of the misconduct as charged; 3. Whether the City considered the nature and severity of the offense, the circumstances under which the offense was committed, the employee's past disciplinary and employment record, the length of the employee's tenure with the City before imposing discipline, and if the discipline imposed is consistent with that imposed upon other employees who have committed the same or similar offense under the same or similar circumstance; 4. Whether the discipline is within that range of punishment upon which reasonable persons can agree, notwithstanding that reasonable persons might disagree upon the specific punishment imposed under the given circumstances. If the arbitrator finds that the City has demonstrated that the disciplinary action was not arbitrary or capricious then the discipline imposed by the city shall be upheld. If the arbitrator finds that the City has failed to demonstrate that the disciplinary action was not arbitrary or capricious the arbitrator may determine the appropriate level of penalty. 11 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 A. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to the arbitration, which is not a grievance as defined in this Article, or which is not specifically covered by this Agreement. B. Copies of the award of the arbitrator, made in accordance with the jurisdictional authority under this Agreement, shall be furnished to both parties in writing within thirty (30) days of the hearing and shall be final and binding upon both parties. C. It is contemplated that the City and the Union shall mutually agree in writing as to the statement of the matter to be arbitrated prior to a hearing, and if this is done, the arbitrator shall confine the decision to the particular matter thus specified. In the event of the failure of the parties to so agree on a statement of issue to be submitted, both the Union and the City shall submit a written statement of the grievance and the arbitrator shall confine consideration to the written statement or statements submitted. This clause, however, shall not be construed to permit either party to present issues through their written statements that would 12 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOC~TION OF FIRE ~GHTE~ OCEAN REVUE CONTRACT 2~3~004 not otherwise be subject to the grievance and arbitration provisions of this Contract. Section 6 In all steps of this grievance procedure, the Employee may seek the assistance of the agent or representatives of the Union and may request Union representation at any stage of the grievance procedure should the Employee so desire, provided that an Employee may not proceed to arbitration (Step 5) without the Union's agreement. Section 7 All discharge grievances, and any other grievances mutually agreed upon for expedited processing, shall be arbitrated on an expedited basis. To accomplish this goal, the City and the Union agree upon the following procedures for expedited cases. A. After an arbitrator has been selected, the arbitration hearing shall be held no later than ninety (90) calendar days thereafter, unless the arbitrator is unavailable within this ninety (90) calendar day period. B. Briefs, if any, must be filed with the arbitrator no later than twenty (20) calendar days after the close of the hearing, or after receipt of the transcript, if a transcript is requested. 13 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 C. The parties shall request that the arbitrator render an opinion within twenty (20) calendar days of receipt of the briefs. 14 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 5 DUES CHECK OFF Upon the Union's notification to the City, Employees may make arrangements with the City for a payroll deduction of union dues and uniform assessments. Upon receiving a proper request from the Employee, the City will deduct such dues and uniform assessments from the subject Employee's compensation and remit the amount deducted to the Union. The Union agrees to indemnify, defend, and hold the City harmless from and against all claims, costs, demands, expenses, judgments or other liabilities on account of dues or uniform assessments erroneously collected by the City and/or remitted to the Union. The Union further agrees to refund to the City any amounts paid to the Union in error upon presentation of proper evidence thereof. 15 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 6 DISCRIMINATION Ail employees shall have the right to form, join and participate in, or to refrain from forming, joining or participating in any employee organization of their own choosing, including the Union. Neither the City nor the Union shall interfere with, restrain or coerce public employees in the exercise of any rights guaranteed them under Chapter 35 of the Delray Beach Code of Ordinances or the provisions of this Agreement. 16 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FI~ FIGHTE~ OCEAN RESCUE CONTRACT 2003-2~4 ARTICLE 7 UNION BUSINESS Section 1 Employees who are Union officials or their designees may be permitted by the Department Head or his or her designee to swap shifts during the contract year to conduct Union business, provided a written request is submitted at least seventy-two (72) hours prior to the time-off period whenever possible, and provided such request is approved by the Department Head or his or her designee, such approval not to be unreasonably withheld. No additional overtime shall be paid to employees as a result of such swapping of time, notwithstanding the provisions as set forth in Article 12, OVERTIME, of this Contract. Ail such swapping of time must be completed within a six (6) month period of time unless extended with the approval of the Department Head. Ail such swapping shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such time swapping. Officials for the Union shall be able to talk with employees provided they first obtain oral permission from the employee's immediate supervisor or in his/her absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. 17 CITY OF DELRAY BEACH & ~TERNAT~NAL ~C~T~N OF FIRE ~GHTE~ OCEANRESCUECONTRACT2003-2004 Section 2 Union Representatives shall be allowed reasonable time-off without loss of pay during their regular shift hours for investigation of a grievance; however, each will first obtain oral permission from his/her immediate supervisor or in his/her absence, the next level of supervision. Permission will not be unreasonably withheld by the supervisor. Section 3 0nly authorized Union officials or their designees may withdraw time from the Time Pool for the purpose of conducting Union business, provided the administrative procedures and forms are submitted to and approved by the City. All such time pooling shall be purely voluntary on the employee's part and shall be solely for the employee's benefit and not that of the City; therefore, no overtime shall be paid as a result of such time pooling. The City agrees that the employees can donate Personal Holiday, Vacation Time and Compensatory Time to the Union Time Pool. 18 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ART I CLE 8 CORRESPONDENCE Unless specific deadlines are otherwise provided for in other articles of this Contract, the administrative officials of the City shall attempt to answer any written correspondence in writing within a reasonable amount of time. The Union's address for receiving correspondence is: Post Office Box 6805, Delray Beach, Florida 33482. The Union shall notify the City Manager and Department Head in writing of any change of address. 19 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 9 BULLETIN BOARDS The Union may provide a serviceable bulletin board in the Ocean Rescue Headquarters meeting room for use by the Union in posting notices of Union business and activities. All materials posted must be signed by an officer of the Union, who shall be held responsible for the content of such materials. A copy of all such materials shall be provided to the Department Head in advance of such posting. The bulletins, notices or materials posted shall contain nothing of a political nature (excluding political material relating to Union elections) and nothing of a derogatory nature toward the City, its elected officials, its officers or employees. 20 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 10 HOURS OF WORK Section 1 The workweek for regular full-time employees shall be forty (40) hours. The number of hours per day and the number of days per week shall be five, eight hour days or four, ten hour days as determined by the Department Head. Ocean Rescue Supervisors shall work four, ten hour days. The Normal Ocean Rescue work schedule shall include Saturday and Sunday. Section 2 It is recognized and understood that deviations from the foregoing schedules of work will be necessary and will unavoidably result from several causes, such as but not limited to: vacation, leaves of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel and emergencies. When scheduled days off for Ocean Rescue personnel are rescheduled, the City will provide the employee with thirty days' written notice of the change. The employee shall have the opportunity to respond in writing to the change within fifteen days prior to the scheduled change, provided however, the City retains the right to unilaterally make the change. No such deviation shall be considered a violation of this Contract. 21 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 Section 3 For all employees the work hour shall be broken down into four (4) fifteen (15) minute segments. An employee shall be noted as late for work if the employee does not report ready for work at the assigned work station at the assigned starting time. If an employee reports for work late, eight (8) minutes or more after starting time, the employee shall be docked in major segments of one-quarter of an hour. 22 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 11 RECALL Section 1 -- Recall Pay Employees who are recalled to work because of shortage of personnel or other situations will come to work immediately. They shall be paid according to the provisions of Article 12, OVERTIME; subject to a minimum of two (2) hours. Section 2 -- Ocean Rescue Recall Procedures Full and Part-Time employees shall be called into work during staff shortages due to illness, vacations, or other emergencies using the following criteria: Full-time employees will be contacted based upon seniority (date of hire as full-time employee). If unavailable, the next full-time employee shall be called (based upon seniority) until position is filled. If no full-time employee is available for recall, then part-time employees shall be called based on seniority by employment date. Calls will continue until position is filled. When a call is placed to either a full or part-time employee for additional work or overtime, their name shall go to the bottom of the availability list (administered by the Operations Supervisors and Administrative Assistant) regardless of whether employee worked. Full-time employee's shall have the choice of overtime (earned at 1.5 x the regular rate of pay) or compensatory time 23 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FI~ FIGHTE~ OCEANRESCUECONTRACT2003-2004 (earned at 1.5 x the number of hours worked). It is the employee's responsibility to inform the Ocean Rescue Superintendent or Operations Supervisor of which type of compensation will be earned. If compensatory time is desired, the employee is required to fill out appropriate forms upon arrival and properly fill out the time sheet. Overtime and compensatory time can only be earned when an employee has worked more than 40 hours during that workweek. 24 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 12 OVERTIME Full-time Ocean Rescue staff will be compensated at a rate of time-and-a-half based on a forty (40) hour work week for any hours worked over forty (40) during the normal work week. Because the Ocean Rescue Division works 365 days a year and are not given the traditional City Holiday's off, the full-time staff shall be compensated at the rate of time-and-a-half during official City holidays (1.5 x # of holiday hours during pay period) when employee attains a minimum of forty (40) hours worked during the pay period. For example: An employee works 40 hours during the pay period which includes the Labor Day holiday - the employee will be paid 20 hours for the Labor Day holiday. The 8 hours that he/she worked plus 12 premium hours. 25 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE HGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 13 SALARIES Section 1 It is agreed between the parties that the salary schedule shall be as follows: Fiscal Year 2003 - 04 Minimum Maximum Ocean Rescue Oper. Supv. 31,859 48,187 Ocean Rescue Officer 25,291 38,254 Ocean Rescue Lifeguard Trainee 23,639 35,751 Section 2 Effective for fiscal year 2003-04, employees shall be eligible to receive an individual performance increase, being in the range of 0% through 5% inclusive. Such individual performance increases shall be received on the same Citywide terms, conditions, and subject to the limitations applicable to other general City employees, excepting: Ao Said individual performance increases shall be granted pursuant to the appropriate Employee Performance Evaluation criteria and forms as determined by the City. Bo Employees shall also be eligible to receive incentive increases in accordance with City policy, outside, and in addition to the salary ranges set forth in Section 1. 26 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 Section 3 An employee who reaches or is at the maximum amount of the salary range during fiscal year, 2003-04, and who receives only a portion of the recommended Performance Increase for such fiscal year, may be eligible for a lump sum bonus. The maximum bonus shall be the amount of the performance evaluation recommended and not received. In order to be considered for the lump sum bonus, an employee must have had a commendable or competent performance evaluation. In addition the employee shall not have had any sustained discipline resulting in disciplinary suspension imposed upon them during the evaluation year for which the bonus would be paid and shall not have any at fault accidents in excess of the current deductible observed by the City. The Department Head shall review the employee's departmental performance for recommendation of this special bonus. Thought shall be given to the most current and important goals and objectives of the Department and the employee's contribution to such goals. The special bonus shall not be unreasonably withheld. Section 4 The bonus paid to qualifying employees shall be paid for the years specified in this Article only. Absent future agreement of the parties, employees shall not be entitled to a lump sum bonus beyond September 30, 2004. 27 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 14 WORKING OUT OF CLASSIFICATION Section 1: Vacant Position Any Employee assigned to a regular but vacant full-time budgeted position which is higher than his/her normal job classification shall be compensated at a rate of five percent (5%) above his/her regular base pay beginning on the first (lst) working day of continuous work in such higher position. An Employee assigned to a filled position whose occupant is temporarily absent from duty, which position is higher than his/her normal job classification, shall be compensated at a rate five percent (5%) above his/her normal job classification. In order to receive credit for working in such a higher position, the Employee must work at least fifty percent (50%) of any such shift or working day, with no accruals of any portions of any shifts/working days which are less than fifty percent (50%). A vacant position shall not be construed to include an occupied position whose occupant is temporarily absent from duty. Such temporary absences from duty shall include, but not be limited to, the following: illness, vacation, attendance at conferences and other City business, attendance at school or other educational programs, leaves of absence or absence without leave. 28 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-~004 ARTICLE 15 VACATION Section 1 Ail regular employees shall earn vacation leave. Employees become eligible to use accrued vacation after one (1) year of continuous service and may then use vacation as it is earned. Vacation will be earned at the monthly rate as identified in Section 2. Section 2 Years of continuous service Overr But Less than Vacation hours earned 0 years 3 years 12.00/8.00 per month 3 years 7 years 14.00/9.33 per month 7 years 11 years 16.00/10.66 per month 11 years 18.00/12.00 per month Section 3 Continuous service shall be considered to be any service in which there has been no interruption by resignation, or by involuntary separation or lay-off in excess of one year. Absence due to military service, injury in line of duty, or sick leave with pay shall not serve to interrupt continuous service. Absence due to leave without pay shall not be construed as an interruption of continuous service, but vacation benefits shall not be accrued 29 CITY OF DELRAY BEACH & ~TERNATIONAL ~SO~ATION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003~004 during such leave for any month in which the employee does not work a period of fifteen (15) days or more. Section 4 Vacation Leave shall be used only with the prior approval of the supervisor. Seniority shall govern in the scheduling of vacations, subject only to the requirement of maintaining essential services, as determined by the Department Head. Section 5 The maximum number of vacation hours allowed to be accumulated at any time are as follows: Average Scheduled Work Hours Maximum Accumulated Per Week Hours 40 288 Section 6 Employees starting to work on or before the 15th of the month will accrue vacation leave for that month. Employees starting to work after the 15th of the month begin accruing vacation leave the following month. Section 7 Any vacation time earned in excess of 288 hours will be forfeited. No additional accrual or payment in lieu of taking vacation is authorized unless prior approval is granted by the City 3O CITY OF DELRAY BEACH & ~TERNATIONAL ~C~TION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003-2~4 Manager. When an extraordinary workload such as might be caused by special projects or position vacancies, preclude an employee taking vacation, the City Manager may approve accrual of excess vacation. In such cases, the excess vacation must normally be used during the next quarter of the year. Section 8 An Employee resigning from the service of the City in good standing may be paid for any vacation credit accumulated prior to resignation, provided: A. The Employee has completed one year of continuous service. B. The Employee gives at least two weeks' written notice of his/her intent to resign. Section 9 Employees who retire from the City under the General Employee Pension will be paid for any vacation credit accumulated prior to the date of retirement, provided: The Employee gives at least two weeks' written notice of his intent to retire. Section 10 In case of death of an employee, payment for unused vacation leave shall be made to the employee's beneficiary, estate, or as provided by law. 31 CITYOFDELRAYBEACH&~TERNATIONAL~CIATIONOFFI~FIGHTE~ OCEANRE~CUECONTRACT2003-2~4 Section 11 - Ocean Rescue Vacation Schedulin~ Vacation request for Employees shall be posted for enrollment in September and March of each year. Vacations will be determined by seniority, based on the date of hire. Vacation request approval is subject only to the requirements of maintaining essential services as determined by the Department Head. The City will employ sufficient staff to allow for the use of vacation leave throughout the years. Based on seniority, each Employee shall have the opportunity to request vacation up to their total accrued amount in either or both enrollment periods. The taking of vacation and or compensatory time shall not exceed 160 hours of work during any given time. Vacation selections will continue in descending order of seniority until all Employees have made their selections. Ail other vacation and/or compensatory time requests with the exception of bereavement leave shall be determined by the Ocean Rescue Superintendent on a monthly basis in accordance with maintaining essentials services and staffing levels. Ail vacation requests should be written out on the Department's Blue Leave Form and Submitted to the Operations Supervisor in charge of scheduling. 32 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 16 HOLIDAYS Section 1 - Ocean Rescue The following days are official holidays for the City of Delray Beach: New Year's Day Thanksgiving Day Martin Luther King, Jr., Birthday Thanksgiving Friday Presidents Day (3r~ Monday in February) Christmas (Related Day) Memorial Day (last Monday in May) Christmas Independence Day Personal Holiday (1 per Labor Day (1St Monday in September) fiscal year) And any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Department Head. Ocean Rescue employees shall report to work on all holidays as scheduled. Section 2 Employees who are on leave without pay on the day preceding and the day following a holiday or who are absent without leave on the day preceding or the day following a holiday shall be considered as absent without pay on the holiday and shall not be compensated for the holiday. 33 C1TYOFDELRAYBEACH&~TERNATIONAL~C~TIONOFFI~FIGHTE~ OCEANRESCUECONTRACT2003~4 ARTICLE 17 SICK T~VE Section 1 The Union recognizes that sick leave is not a privilege which an Employee may use at his discretion and it shall be allowed only for the following: A. Employee's injury, illness or quarantine due to exposure to contagious disease. B. Actual illness of a member of an Employee's immediate household (wife, husband, child or parent) where care by the Employee is required. The City, at its sole discretion, has the authority at any time to make inquiry of the subject Employee in order to determine that the sick leave privilege was exercised only for the reasons set forth in this section. Section 2 Except as otherwise provided, all regular, full-time employees may be given sick leave with pay at the rate of one working day for each calendar month of continuous service during which there were no absences without leave, provided: A. Sick leave credits shall accrue during the first six months of service, but shall not be granted until completion of six months of continuous service. 34 CITY OF DELRAY BEACH & ~TERNATIONAL ASSOCIATION OF FIRE HGHTE~ OCEAN R~UE CONTRACT 2003~004 B. If employment begins on or before the fifteenth day of the month sick leave credit shall be given for the entire month. If employment begins after the fifteenth day of the month sick leave will not be credited until the first day of the following month. C. If an employee works less than half the normal work days during a month for reasons other than vacation, sick leave shall not be credited for that month. D. Sick leave credits shall be available for use on the first day of the month following the month in which earned. The maximum sick leave accumulation that may be accrued is one hundred forty (140) days. The Employee may bank all unused sick leave each year until the one hundred forty (140) day maximum is reached. Section 3 Employees who resign in good standing shall receive pay at their then regular rate for the portion of their accrued sick leave stated below, not to exceed a total payment of 70 days. Percentage of Accrued Sick Years of Service Leave to be Paid 0 - 5 -0- 5 - 10 25% 10 - 15 50% 15 - 20 75% (Maximum of 70 days) CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003-2004 Employees who retire from the City in good standing after 20 years under the City of Delray Beach General Employees Pension shall receive pay at their then regular hourly rate for their total amount of accrued sick leave, not to exceed the maximum allowed accrual of 140 days. Section 4 Employees who desire to take sick leave shall report to their immediate supervisor on duty, prior to the start of the first work day of their illness or disability, otherwise they shall be considered as absent without leave. Employees should report in sick at least thirty (30) minutes prior to the beginning of the work day. The Department Head may investigate such absences to determine their validity. When absence is for three or more consecutive working days, the Department Head may require the employee to provide a certificate from a physician, certifying to the actual disability of the Employee, or may require a letter from the Employee explaining the reasons for such absence. Section 5 In cases of death of an employee, payment for unused sick leave shall be made to the employee's beneficiary, estate, or as otherwise provided by law, in accordance with Section 3 of this Article. 36 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 18 BEREAVEMENT Section 1 The City agrees that when a death or critical illness in which death appears to be imminent, occurs in the family (family being herein defined as follows: father, mother, brother, sister, spouse, child, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparents, grandchild, foster parents, foster child, step-mother, step-father, or step-child; no other persons shall be contained within the definition of family except as specifically set forth herein) of an employee, the employee, may be allowed three (3) working days bereavement leave with pay, provided, however, such leave may not be used on more than one occasion per family member, as defined above. Section 2 The employee may be required by the Department Head to furnish evidence of the facts justifying the use of Bereavement Leave. 37 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 ARTICLE 19 HEALTH INSURANCE Section 1 A. The City agrees to pay the total medical and hospitalization ~MO insurance premium for all regular, full-time employees for the coverage that is in effect for general employees. Ail regular, full-time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. B. The City may change such coverage, provided that the change in coverage is in conjunction with a change in coverage for a substantial portion of the general employees of the City, and that after such change, the City will pay the HMO AND POS hospitalization premium for all employees under the new coverage. Ail regular, full time employees shall pay the total medical and hospitalization insurance premiums for any dependent coverage which they may elect. C. The City will provide the Union with notice of any changes in such coverage or in the premiums for dependent coverage there under as soon in advance of the effective date as is reasonably possible. 38 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FI~ FIGHTE~ OCEAN RESCUE CONTRACT 2003~004 Section 2 The parties agree that state or federally mandated health insurance plans may impact the parties' rights and obligations. The parties agree that if there are such mandates during the duration of this Agreement, the impact thereof shall be subject to bargaining. Section 3 The City reserves the right to change the medical and hospitalization insurance carrier, but the level of deductible and insurance benefits provided to bargaining unit employees shall not be reduced during the term of this Agreement. Section 4 The City will maintain an insurance committee to discuss and review the City's insurance programs(s), and to make recommendations to the City Manager regarding the City's insurance program(s). Any proposed changes in the City's insurance program(s) shall be discussed by the insurance committee before the changes are implemented. The insurance committee will be composed of one representative from each of the bargaining units in the City, appointed by the union representing that unit, a representative of the non-bargaining unit employees of the City, and management representatives. The City Manager will select the management members of the insurance committee. 39 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIX ~GHTE~ OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 20 SENIORITY Seniority shall be based on date of hire as an Employee of the Ocean Rescue Division. Seniority shall be the basis for selecting normal days off for Employees. An employee may request to change his or her days off only after they become available through promotion, retirement, dismissal, resignation, or mutual agreement. Each September all days off shall be re-opened for selection for the coming fiscal year (October through September). Selection shall be made in order of seniority by each full-time employee. Seniority shall also be the basis for the Division's recall procedure and vacation selection process. 40 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 21 POSTING OF THIS AGREEMENT The City will make available to the Union (3) copies of this Agreement and the Union will post a copy on the Union bulletin board provided pursuant to this Agreement at Ocean Rescue Headquarters. 41 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE FIGHTE~ OCEAN REVUE CONTRACT 2003-2004 ARTICLE 22 MANA~EMENTRIGHTS Section 1 The City of Delray Beach shall have the right, subject only to express restrictions in this Agreement, to exercise its own discretion unilaterally on all of the following matters, when in its sole discretion it may determine it advisable to do any or all of the following: A. To manage and administer the affairs of the City generally. B. To decide the purpose of each of its constituent agencies. Co To set standards of service to be offered to the public. D. To exercise control and discretion over its organization and operation. E. To direct its Employees. F. To take disciplinary action and dismiss Employees for just cause as to both non-probationary and probationary promoted Employees, and to take disciplinary action and dismiss with or without cause as to new probationary Employees. G. To relieve its non-probationary Employees from duty because of lack of work and other legitimate reasons, to remove a promoted probationary Employee from the position to which he was promoted with or without cause, in which event the removed promoted probationary CITY OF DELRAY BEACH & ~TERNATIONAL ~CIAT~N OF FIRE ~GHTE~ OCEAN REVUE CONTRACT 2003~004 Employee shall be returned to the position from which he was promoted (but this shall not be construed as a limitation on or a waiver of the City's right to dismiss or discipline such a promoted probationary Employee for just cause pursuant to subsection F, above), and to remove other promoted probationary Employees which may be necessary because of the return of this Employee to his former position. To relieve other probationary Employees from duty for any reason, with or without cause. H. To determine and re-determine work schedules subject to the provision of Article 10 relating to type of shifts to be worked by the Employees. To maintain order and efficiency in its operations. J. To determine and re-determine the number of hours to be worked, subject to the provisions of Article 10. K. To require Employees to be in good physical and mental condition so that they are able to perform the normal duties of Ocean Rescue personnel. L. To promulgate reasonable rules and regulations for its Employees not in conflict with the provisions of this agreement, except that such rules and regulations shall be presumed reasonable in any grievance procedure. M. To set the standards and procedures for application, testing, selection procedures and appointment to positions in the appropriate department. 43 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 N. To take disciplinary action against Employees who violate any provisions of this contract or any rules and regulations promulgated by the City not in conflict with the provisions of this agreement. Oo Under reasonable circumstances, to dismiss or otherwise relieve from duty Employees who have contracted or developed some mental or physical ailment or defect which incapacitates him/her for duty in the City service. P. To require enhanced supervision of both probationary and non- probationary Employees under reasonable circumstances. Section 2 In addition to the Management Rights enumerated in Section 1, the City of Delray Beach shall have all other rights and prerogatives which in the past it has lawfully exercised or could have lawfully exercised unilaterally subject only to express restrictions on such rights, if any, as are provided in this Agreement. CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIOHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 23 STRIKES AND IT.T.~.GAL ACTIVITY Section 1 A "strike" shall be defined as the concerted failure to report for duty, a concerted absence of Employees from their positions, a concerted stoppage of work, a concerted submission of resignations, a concerted abstinence in whole or in part by Employees from the full and faithful performance of their duties of employment with the City of Delray Beach, or participating in a deliberate or concerted course of conduct which adversely affects the services of the City of Delray Beach, or the concerted failure to report for work after the expiration of a collective bargaining agreement. Section 2 The Union recognizes that strikes by public Employees are prohibited by Article I, Section 6 of the Florida Constitution and Section 447.505, Florida Statutes. The Union agrees not to authorize, instigate, or otherwise support a strike, as defined in this article, and to undertake its best efforts to prevent or terminate any strike which occurs in contravention of this commitment. Section 3 The Union recognizes that it and all acting in concert with it shall be liable to the penalties set forth in Section 447.507, 45 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FI~ ~GHTE~ OCEAN REVUE CONTRACT 2003~004 Florida Statutes, and Chapter 20 of the Code of Ordinances of the City of Delray Beach in the event of a strike in violation of this Article; provided, the Union shall not be liable for such penalties for a strike it did not authorize, instigate or otherwise support if the Union has complied with the requirements of Section 2, sentence 2 of this article, and provided further it shall be the Union's affirmative obligation to show such compliance. Section 4 The City of Delray Beach shall have a the right to unilaterally terminate the employment of any Employee engaging in a strike. The only issue which shall be grievable with reference to the termination is whether or not the Employee was in fact engaged in a strike. Section 5 In the event of a strike, the Union will notify the employees and inform them that a strike is illegal under Florida Law, of the sanctions which may be imposed against the Union and participating employees for a strike, and further instruct striking employees to immediately return to work. The Union agrees that the notification will be in writing and will be made in good faith effort to get the employees to return to work. Such conduct shall exonerate the Union from all penalties which may be imposed under this agreement. 46 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 24 UNCONSTITUTIONALITY CLAUSE Should any section or portion of this agreement be held unlawful and unenforceable by any court of competent jurisdiction, such decision of the court shall apply only to the specific section or portion thereof, directly specified in the decision. Upon the issuance of such decision, the parties agree to immediately negotiate a substitute, if possible, for the invalidated section or portion thereof. Any remaining portions of this agreement shall remain in full force and effect and shall not be affected thereby. 47 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 25 DUTIES OF EMPLOYMENT Section 1 Employees are required to arrive for work in a condition making them ready, willing and able, including being well-rested, in order to perform all of their assigned duties and tasks. Section 2 Duties of employment shall be as follows: · cleaning of work areas including the garage and kitchen · minor repairs to equipment · minor repairs to lifeguard towers · installation of storm shutters And any other duties deemed necessary by Supervision as related to the delivery of safety services at the Municipal Beach and Beach Parks. The City shall provide the proper equipment and supplies for such duties. The Ocean Rescue staff shall not be required to use power tools for the maintenance or repair of equipment, lifeguard towers or facilities. The Ocean Rescue staff shall not be required to work at the City pools. 48 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 26 PROBATIONARY PERIOD - NEW EMPLOYEES The probationary period for all new Employees covered by this Agreement shall be one (1) year from the date of hire. Probationary Employees shall have no right to utilize the Grievance/Arbitration procedure contained in this Agreement or any other policy or procedure for any matter concerning discharge, suspension or other discipline. 49 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 27 PROBATIONARY PERIOD - PROMOTED EMPLOYEES There shall be a probationary period of one year for each Employee who is promoted to a higher classification within the Bargaining Unit. This probationary period shall commence from the Employee's initial regular assignment to the higher classification. During the one year probationary period, the City Manager or his or her designee shall have the right to remove the probationary Employee from the position to which that Employee was promoted. Any probationary Employee so removed shall have no right to appeal said action under the provisions of this Agreement, or any other policy or procedure. A probationary promoted Employee who is removed from the position to which that Employee was promoted, shall return to the position from which that Employee was promoted (however, this shall not be construed as limitation on or a waiver of the City's right to dismiss or discipline such a probationary promoted Employee). Other probationary promoted Employees may also be removed and returned to their former positions if made necessary because of the return of such a probationary promoted Employee to his or her former position. 50 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 28 DISMISSAL/DISCIPLINE Section 1 The City Manager or his designee may at any time dismiss or otherwise discipline any Employee for just cause. Section 2 The City Manager shall furnish the non-probationary Employee and the promoted probationary Employee whom he dismisses from the City service, with a written statement outlining in detail reasons for the removal and the date and time such removal becomes effective. A copy of the above-mentioned statement shall also be furnished to the Department Head. Section 3 If criminal charges have been formally instituted against an Employee, the City Manager may place said Employee on leave of absence with or without pay, or reassign to an administrative position after 15 days written notice. During such leave of absence, the City may investigate and take appropriate disciplinary action against the Employee. However, if the Employee is subsequently found not guilty by a trial court of all the criminal charges which had been instituted against the Employee, and if no disciplinary action has been 51 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE FIGHTE~ OCEANRESCUECONTRACT2003~004 instituted, the Employee shall be reinstated and awarded back pay for the period of said leave of absence. Section 4 The City shall notify Employees of the institution of any administrative review or investigation, the result of which could ultimately result in the imposition of discipline against the Employee(s) known by the City at said time to be involved, within ten (10) working days of the incident which gave rise to the review or investigation or the Department Head's or Acting Department Head's knowledge of such incident, whichever is later. Furthermore, although nothing contained herein shall preclude the City from increasing, decreasing or otherwise modifying any intended degree of severity of such discipline prior to the time such discipline is imposed by the City, the City may not impose additional discipline against Employee(s) for the same incident and based upon the same facts and circumstances unless there is evidence of additional information not known to the City at the time of discipline being imposed which can support the additional discipline, and further such restriction shall not prevent the City from utilizing such discipline as part of a progressive discipline program or as part of the Employee's employment record for further disciplinary actions or personnel purposes. 52 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 29 RESIGNATION Section 1 Any Employee who wishes to resign in good standing shall give the Department Head a written notice of his or her intention at least two (2) weeks prior to the date said resignation is to become effective, or shorter notice, with the approval of the Department Head. Notice of resignation shall be immediately forwarded to Human Resources together with said Employee's termination forms. Section 2 If any Employee resigns without giving the required notice, the Department Head shall notify Human Resources; Human Resources shall enter this fact into the Employee's personnel records; and failure to give such required notice of resignation may be considered sufficient reason for rejecting any future application of said Employee to reenter City service. The Department Head may enter a good standing notation into the records of an Employee who fails to give two weeks' notice if he or she feels there were extenuating circumstances. 53 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 30 LEAVES OF ABSENCE WITH PAY Employees may be granted leaves of absence with pay upon approval of the Department Head and the City Manager for the following: 1. Jury duty or other required appearances before a court or other public body except such appearances required because of the personal matters of the employee or his or her family. 2. Official training courses such as conferences, conventions, workshops or similar meetings approved by the City. Under these provisions, no overtime pay will be considered. Leaves of absence with pay will not be considered as hours actually worked in the computation of time-and-a-half payment of overtime at the end of the work cycle during which they occurred unless such leaves are directly concerned with City business and the employee was directed by the Department Head to use such leave in order to conduct City business. 54 CITY OF DELRAY BEACH & ~TERNAT~NAL ~CIATION OF FIX FIGHTE~ OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 31 LEAVES OF ABSENCE WITHOUT PAY Section 1 Leave without pay, not to exceed one (1) year, may be granted by the City Manager on recommendation of the Department Head to any employee who has entered upon a course of training or study for the purpose of improving the quality of his or her service to the City, or fitting himself or herself for promotion. Section 2 Upon written request of an employee and approval by the Department Head, the City Manager may grant a leave of absence without pay when it will not result in undue prejudice in the interest of the City. 55 CITY OF DELRAY BEACH & ~TERNAT~NAL ~CIATION OF FI~ ~GHTE~ OCEAN REVUE CONTRACT 2003~004 ARTICLE 32 ABSENCE WITHOUT T~AVE Section 1 An absence of an Employee from duty, including any absence for a single day, that is not authorized by a specific grant of leave or absence under the provisions of this Agreement, shall be deemed to be an absence without leave. In determining whether a specific grant of leave of absence exists, it is understood by both parties that the leave request forms must be signed by the employee and the employee's supervisor before taking the leave in all cases except sick leave or bereavement. Any such absence shall be without pay. Section 2 Any Employee who is absent from duty for three (3) consecutive work days without securing leave from the immediate supervisor or without notifying him of the reason for such absence and the time he expects to return, may be considered to have resigned without notice. Section 3 Ail such unauthorized leaves shall be promptly entered into the Employee's personnel records and shall be considered in his merit ratings. 56 CITY OF DELRAY BEACH & ~TERNATIONAL ~C~TION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 ARTICLE 33 OUTSIDE EMPLOYMENT Section 1 No member of the Bargaining Unit may hold outside employment unless the employee's written request for approval of such employment is recommended for approval by the Department Head and reviewed by Human Resources. The granting of such approval depends upon the following: A. Assurance that the employee's City position is of primary importance; B. Consideration of the effect the outside employment may have upon the efficiency of the requesting employee; and C. Determination as to the compatibility of the outside employment with City employment. Section 2 Application forms for outside endeavors shall be provided by the City, and approval of such shall be for a maximum period of twelve (12) months, renewable January 1st of each year. Outside employment shall be deemed to include ownership or part ownership of a business, as well as independent contracts by employees to provide labor, services or materials. Such applications shall list the specific job or service and outside employer for all outside employment which arises on 57 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FI~ FIGHTE~ OCEAN REVUE CONTRACT 2003-2004 permanent or reoccurring basis; provided, however, that applications listing general labor services shall be acceptable for infrequent, nonrecurring outside employment. Section 3 No member of the Bargaining Unit may work at any previously approved outside employment, nor at any future outside employment, while said member is on injury leave or restricted duty for a workers' compensation injury, unless additional express approval for such outside employment is obtained by the Member from the Department Head and the City Manager, who shall take into consideration the recommendation(s) from the employee's physician and/or from the City's physician, in conjunction with the criteria set forth in Section 1, above. 58 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 34 SOLICITATION OF OR BY EMPLOYEES DURING WORKING HOURS Section 1 Unless specifically authorized by the City Manager, all solicitations among City employees during working hours for commercial, charitable or union purposes and selling of tickets, magazines and other merchandise, is prohibited. This applies to solicitation by City employees, as well as persons who are not employees of the City. Section 2 Employee organizations, their members, agents or representatives, or any persons acting on their behalf are hereby prohibited from: A. Soliciting public employees during working hours of any employee who is involved in the solicitation. B. Distributing literature during working hours in areas where the actual work of public employees is performed, such as offices, warehouses, schools, police stations, fire stations, outdoor areas and any similar public installations. This section shall not be construed to prohibit the distribution of literature during the employee's lunch hour or in such areas not specifically devoted to the performance of the employee's official duties. 59 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 C. Soliciting for commercial, charitable, or union purposes and selling of tickets, magazines or other merchandise while in City uniform or attire, or while using City vehicles or equipment; provided, however, that subject to the express approval of the Department Head in advance, employees shall be permitted to solicit other employees at their job site during non-working hours for purposes of collecting donations for charitable organizations or causes. D. Exerting undue influence on or harassing public employees during working hours relative to such solicitations as referred to in Section 1, above. CITY OF DELRAY BEACH & ~TERNAT~NAL AS~C~T~N OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2~3~4 ARTICLE 35 NON-APPLICABILITY OF CIVIL SERVICE ACTr CIVIL SERVICE RULES AND REGULATIONS AND PERSONNEL POLICIES It is understood and agreed that the Civil Service Act and the Civil Service Code of Rules and Regulations of Delray Beach and any amendments thereto and the Personnel Policies shall have no applicability whatsoever to the Employees covered by this Agreement. 61 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 36 DAMAGE TO CITY PROPERTY Section 1 Each Employee shall exercise due caution in the care and handling of all tools and equipment which may come into his or her custody, or over which he or she may have a degree of control. Any Employee who losses, misuses, or damages through his/her carelessness, negligence and/or intentional misconduct such tools or equipment, provided by the City, shall be subject to discipline. When in the judgment of the City a tool or piece of equipment is no longer safe or effective, due to normal wear and tear, the defective item shall be turned in to the City for replacement. No defective tool or piece or equipment shall be replaced by the City until the defective item is presented by the Employee. All tools and equipment issued to an Employee by the City shall be returned to the City prior to the Employee leaving City employment in the same condition as same was issued (normal wear and tear excepted). Section 2 The actual cost to repair any damaged (or to replace any lost) personal property of an Employee, including clothing, watches and prescription eye-glasses or contact lenses, normal wear and tear excepted, shall be reimbursed to said Employee by the City if the Employee proves to the City that such occurred in the line of duty. CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003-2004 In no event shall such reimbursement be made where it is determined by the City that such damage or loss was the result of the Employee's carelessness, negligence and/or intentional misconduct or where such personal property is not a part of his or her job- related equipment. Furthermore, in all instances, the limitation on such reimbursement from the City shall be no more than one hundred dollars ($100.00) per incident or claim; and provided further that in no case shall the reimbursement for any article of personal property exceed the reasonable replacement cost as determined solely by the City. Section 3 The City shall replace one (1) pair of sunglasses per year, if the sunglasses are damaged in the line of duty, up to a maximum replacement cost of $60.00 per year. 63 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN ~UE CONTRACT 2003-2004 ARTICLE 37 PENSION PLAN MATTERS Section I - Ocean Rescue A. Ocean Rescue employees shall continue to be covered by the General Municipal Employees Pension Plan. CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 38 ANNUAL PHYSICALS Section 1 The union agrees that the City shall conduct annual physicals including drug and alcohol screening for all employees covered by this agreement, and that such annual physicals for employees age 40 and over shall be more comprehensive for such employees at five (5) year intervals. Personnel shall be scheduled for their annual physical alphabetically by the first letter of their last name. The annual physical shall be scheduled during the last quarter of the City's fiscal year. Section 2 The City shall provide, on an annual basis at the time of the Employee's annual physical, a blood screening for infectious diseases for all Employees, which shall include but not be limited to blood screening for all Hepatitis strains, lipid profile and profile 7 laboratory studies which includes information on cholesterol levels of LDL and HDL, Triglycerides, Glucose, BUN, Creatinine, Sodium, Potassium and CO2 levels, Pulmonary Function and Audiometry Test. 65 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 Section 3 The City shall make available the following immunization for all Employees. Employees not wishing to receive immunizations shall sign a waiver indicating their refusal. A. Diphtheria Pertussis-Tetanus - every 5 years B. Hepatitis (Type B) - every 5 years C. Rubella (for females of child bearing age) - as needed D. AIDS (If an F.D.A. approved vaccine becomes available during the term of this Agreement). CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 39 COMPREHENSIVE DRUG AND ALCOHOL POLICY AND PROCEDURE The City recognizes that employees covered by this agreement are not immune from the problems which face society in general. The problems of drug and alcohol abuse have become widespread throughout our community and nation. As part of our commitment to safeguard the health of our employees, to provide a safe environment for our employees to work and to promote a drug free community, we have established this policy dealing with the problem of drug and alcohol abuse. This policy is intended to be corrective, rather than punitive, in application. I. Definitions For purposes of this policy, the following definitions apply: A. "Alcohol" means ethyl alcohol (ethanol). References to use of alcohol include use of a beverage, mixture or preparation containing ethyl alcohol. B. ~Drugs" are any controlled substance as defined in Section 893.03, Florida Statutes. C. "Drug abuse" is the use of any controlled substance which includes the commission of any act prohibited by Chapter 893, Florida Statutes, or not possessed or taken in accordance with a lawful prescription, provided, however, drug abuse shall also include the misuse of prescription and over the counter 67 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003~004 medication/drugs which have an adverse affect on employee performance. D. ~Initial Drug Test" means a sensitive, rapid and reliable procedure to identify a negative and presumptive positive specimen, usually during a chemical procedure or a more accurate scientifically accepted method approved by the United States Food and Drug Administration or the Agency for Health Care Administration. E. "Collection Site" means a place where employees present themselves for the purpose of providing a specimen to be analyzed for the presence of drugs. The collection site will be a separate and independent entity from the laboratory and/or the medical review offices. F. "Confirmation Drug Test" means a second analytical procedure run on a sample that was positive on the initial screening test. The second analytical procedure must be used to identify the presence of a specific drug or metabolite in a specimen. The confirmation method must be capable of providing requisite specificity and quantitative accuracy. The confirmation test for alcohol will be gas chromatography and the confirmation test for all drugs will be gas chromatography/mass spectrometry. G. "Medical Review Officer" or MRO means a licensed physician, contracted by the City, who is responsible for receiving and reviewing all confirmation results from a laboratory. The MRO 68 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 is responsible for contacting all positively tested employees to inquire about possible prescriptive or over-the-counter medication, which could have caused a positive test result. The MRO must have knowledge of substance abuse disorders, and have the appropriate medical training to interpret and evaluate a positive test result with prescriptive or other relevant medical information. The choice of a qualified MRO shall be determined by the City, providing that no conflict of interest exists with current medical/physical practices. The MRO selected by the City shall be a separate and independent entity from the authorized collection site and/or the laboratory. The City shall give thirty days notice for change of MRO selection except in cases of emergency as determined by the City Manager. The MRO shall maintain the qualifications as established in Chapter 59A-24.008 (I) (a) - (e), Florida Administrative Code and insure testing and analysis compliance in accordance with Chapter 59A-24.006, Florida Administrative Code (R. 2000). H. "Laboratory" means a facility licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24, Florida Administrative Code (R. 2000) and shall be selected by the City. The laboratory will be a separate and independent entity from the authorized collection site and/or the MRO. The City shall give thirty days notice of a change of 69 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIN ~GHTE~ OCEAN RESCUE CONTRACT 2003-2~4 laboratory selection except in cases of emergency as determined by the City Manager. "Prescription Medication" means a drug or medication obtained pursuant to a prescription as defined by Section 893.02 (19). J. "MRO Contact" The City Human Resources Director shall be designated as the contact person for receiving communication from the MRO reporting positive and/or negative test results. The Human Resources Director shall comply with employee protection and confidentiality provisions as established in this article, and to the extent provided by law. "Reasonable Suspicion Drug Testing" means drug testing based on a belief that an employee is using drugs or alcohol in violation of the City policy determined from specific and articulable facts and reasonable inferences drawn from those facts. It is an opinion which a reasonable person would form based upon observation and/or testimony from credible sources. Observation includes but is not limited to, sensory facts (what a person saw, heard, smelled, tested or touched). Reasonable suspicion must be based upon the observation of two corroborating witnesses whenever reasonably possible and reported in writing to the Department Head or his/her designee. A copy of this documentation shall be given to the employee prior to testing. The written document shall include 7O CITY OF DELRAY BEACH & ~TERNAT~NAL ~SOCIAT~N OF FI~ ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 the circumstances which formed the basis of the determination that reasonable suspicion existed to warrant testing. L. "Prohibited Actions" - The use of being under the influence of, or possession of illegal drugs or alcohol, on the job by City Employees is strictly prohibited. Any employee who is using, under the influence of, or in possession of drugs or alcohol, as defined within this policy, while on duty is subject to disciplinary action up to and including termination. Employees are also subject to discipline or discharge when they are abusing drugs or alcohol and the abuse occurs off duty and the City Manager or designee determines that the abuse may adversely affect his/her job performance or represents a threat to the safety of the employee, his/her coworkers, or the public, or the off duty conduct is unbecoming to pub%ic employment. II. Testing 1. Authority to test - The City has the authority to require employees to submit to testing for the presence of alcohol or drugs as defined in this policy. 2. Types of Tests - The City may conduct the following types of tests to maintain a drug free workplace program. A. Annual Physical - Alcohol and drug testing are components of the annual scheduled medical physical. B. Reasonable Suspicion - The City may require an employee to submit to reasonable suspicion drug testing. The 71 CITY OF DELRAY BEACH & ~TERNATIONAL ~C1ATION OF FIRE FIGHTE~ OCEAN RESCUE CONTRACT 2003~004 definition of "Reasonable Suspicion Drug Testing" as established in this Article will be the basis for determining whether reasonable suspicion exists to test an employee. C. Post Accident Testing - If an employee is involved in an accident in which the employee was driving, and anyone of the following occurs: An individual dies, an individual suffers a bodily injury and immediately receives medical treatment away from the accident scene, one or more vehicles incurs disabling damage as a result of the occurrence and is transported away from the scene by tow truck or other vehicle. Disabling damage does not include damages that could be remedied temporarily at the scene of occurrence without special tools or parts; tire disablement without further damage if no spare tire is available; or damage to headlights, taillights, turn signals, horns, or windshield wipers. D. Follow Up Testing - An employee who is returned to work upon successful completion of a rehabilitation program shall be placed on evaluation status for one (1) year following his/her return to City employment. During the one year evaluation period, the City may require the employee to take up to a maximum of four unannounced blood or urine tests for the presence of drugs or CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIRE ~GHTE~ OCEAN RESCUE CONTRACT 2003~004 alcohol. If at any time during the evaluation period the employee's blood or urine is found to contain the presence of alcohol or drugs, the employee shall be subject to disciplinary action, up to and including dismissal. 3. Refusal to Test - An employee that refuses to submit to alcohol and drug testing as established in this Article may be subject to disciplinary action up to and including termination. III. COLLECTION SITE, COLLECTION PROCEDURES AND LABORATORIES PROCEDURES 1. Collection Site and Specimen Collection Procedures including the Designation of Collection Sites, Chain of Custody Form and Procedures, Security Procedures and Specimen Collection (access to authorized personnel only, privacy, and integrity and identity of specimen) shall be in accordance with Chapter 59A-24.005, Florida Administrative Code (R. 2000). A Chain of Custody Form needs to be provided and will be used for each employee tested. 2. Collection Site Personnel - a specimen for drug test may be taken or collected pursuant to Section 59.A-24.006, Florida Administrative Code. 3. Prior to any collection of specimen, the Employer shall provide a form for the employee to provide any information he or she considers relevant to the drug test, including identification of currently or recently used prescription or non-prescription 73 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIN FIGHTE~ OCEAN RESCUE CONTRACT 2003-2~4 medication or other relevant medical information. Such form shall provide notice of the most common medication by brand name or common name as applicable, as well as chemical name, which may alter or affect a drug test. The information provided shall be reviewed by the medical review office (MILO) in interpreting any positive confirmed results. A Medical Information Form needs to be provided and will be used for each employee tested. 4. Drug Testing Laboratories shall be licensed by the Agency for Health Care Administration in accordance with Chapter 59A-24.006, Florida Administrative Code (R. 2000) in order to collect or analyze specimens for the City's drug testing policy and shall comply with the provisions of Chapter 483, Part I, Florida Statutes. The City shall provide employees with the name, address and telephone number of the laboratory contracted by the City to perform drug testing. Drug Testing Laboratories policy and procedure including laboratory personnel, training of laboratory personnel, laboratory personnel files, and specimen security and analysis procedures shall be in accordance with Chapter 59A-24.006, Florida Administrative Code (R. 2000). 5. Laboratory Assistance - The approved laboratory shall provide technical assistance to the MRO employee for the purpose of interpreting any positive confirmed test results. 6. Initial Test - an immunoassay except that the initial test for alcohol shall be an enzyme oxidation methodology. CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE ~GHTE~ OCEAN R~CUE CONTRACT 2~3~004 7. Confirmation Test - All specimens identified as presumptively positive on the initial test shall be confirmed using gas chromatography. The City shall comply with confirmation drug testing parameters as established in chapter 59A-24.006(4) (f); Florida Administrative Code (R. 2000)as may be amended from time to time. The City shall comply with initial drug testing parameters as established in Chapter 59A-24.006 (4) (e) i, Florida Administrative Code (R 2000), as may be amended from time to time. IV. RET~ASE OF RESULTS 1. The laboratory shall report test results to the MRO within reasonable time after receipt of the specimen by the laboratory. 2. The laboratory shall report as negative to the MRO all specimens, which are negative on the initial test or are negative on the confirmation test. The laboratory will not administer a confirmation test if the initial test is negative. Only specimens, which are confirmed as positive on the confirmation test, shall be reported to the MRO and only for the specific drug involved. 3. The MRO, the City's MRO contact, an/or the tested employee may request from the laboratory, and the laboratory shall provide, a detailed quantification of the initial and confirmation test results. The records are, to the extent permitted by law, to be considered medical records subject to Federal Law and the laws of the State of Florida. 75 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOCIATION OF FIRE ~GHTE~ OCEANRESCUECONTRACT2~3~004 4. The laboratory shall transmit results to the MRO in a manner designed to insure confidentiality of the information. The laboratory and MRO must insure the security of the data transmission, storage, and retrieval system to only those authorized under Chapter 59A-24, Florida Administrative Code, to obtain such information. 5. The MRO will also verify that positive and negative test results were properly analyzed and handled. The MRO will have knowledge of substance abuse disorders and shall also be knowledgeable in the medical use of prescription drugs and in the pharmacology and toxicology of illicit drugs. The MRO shall evaluate the drug test results by checking the chain of custody form that the specimen was collected, transported and analyzed under proper procedures as set forth in this policy. 6. The MRO will initially notify the employee of a confirmed positive test result within a reasonable period of time of reviewing the test results from the laboratory and determine if any alternate medical explanations caused a positive test result. 7. If the alternate medical explanation for a positive test result is accepted by the MRO, the test result will be reported to the designated representative as negative. 8. The MRO will communicate and provide a copy of the test results of an employee to the City's MRO contact and to the employee. The test results shall be communicated only after the MRO has verified that the positive and/or negative test results 76 CITY OF DELRAY BEACH & ~TERNATIONAL ~SOC~TION OF FIRE HGHTE~ OCEANRESCUECONTRACT2003~004 were properly handled and analyzed. In the case of a positive test result, the MRO shall provide opportunity for the employee to discuss the positive test results and to submit documentation of any information relevant to the positive test results. V. CHALLENGES TO TEST RESULTS 1. After receipt by the City of a positive confirmed test result from the MRO, the City must notify the employee in writing of its final decision, which is subject to Article 4, Grievance Procedure of the agreement. 2. The employee/Union may challenge violations of the Drug Testing Policy through the grievance procedures contained within this agreement and the grievance process shall begin as soon as the City notifies the employee in writing of the City's' final decision regarding the tested employee. 3. When an employee challenges the results of testing, it shall be the employee's responsibility to notify the laboratory in writing of such challenge. Upon such notification the laboratory shall be required to retain the sample until the challenge is settled. Further, the laboratory shall retain all positive confirmed specimens for at least one (1) year from the date of initial testing. 4. Nothing in this drug testing policy shall be construed to eliminate or diminish any right provided to the employee, the Union and/or the City by the collective bargaining process and the resulting collective bargaining agreement. 77 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE HGHTERS OCEAN RESCUE CONTRACT 2003-2004 VI. EMPLOYEE PROTECTION AND REHABILITATION 1. Ail employees may, upon request, have a Union representative present during the testing procedure, provided the test will not be delayed more than thirty minutes while waiting for such representation. 2. The City may place employees who are tested for fitness for duty, reasonable suspicion, post accident drug testing, or whose drug test results are confirmed positive as part of their annual physical examination in a non-safety sensitive position, or on administrative leave with pay until a final decision is made on the tested employee by the City. 3. If the employee fails to enter or complete a rehabilitation program, the employee may be subject to discipline up to and including termination. 4. Probationary employees whose blood or urine is found to contain the presence of illegal drugs, or who have been found to have used or been under the influence of drugs or alcohol while on duty, shall be dismissed. 5. Any non-probationary employee who has tested positive through the confirmation testing process may be placed on a leave of absence without pay for a period of up to sixty (60) days. The employee may use accumulated leave during the leave of absence. The leave of absence is to give the employee an opportunity to 78 CITY OF DELRAY BEACH & ~TERNATIONAL ~C~T~N OF FIRE HGHTE~ OCEAN RESCUE CONTRACT 2003-2004 rehabilitate himself or herself from abusing alcohol and/or drug abuse. The City may assist the employee in locating an appropriate program of rehabilitation. Upon the successful completion of the rehabilitation program as certified by the program administrator designated by the City, the employee shall be subject to the requirements below. The employee shall be returned to City employment in the same or similar position to the one which the employee occupied before his or her leave of absence at the same rate of pay as if the employee did not take such leave of absence. Prior to resuming employment with the City, the employee shall be subject to a blood or urine test for the presence of alcohol and/or drugs. 6. After receipt by the City of a positive confirmed test result from the MRO, the employee may request a retest of the original specimen at another laboratory mutually selected by the City and the employee. Provided however, an employee's request for a retest shall be processed only if the request is in writing and is received by the City no later than ten (10) days after the employee's receipt of the City's final decision. The requesting employee shall be required to pay for the costs of the retest, including handling and shipping expenses. Upon notice from the City that the employee has timely requested a retest, the MRO shall contact the original testing laboratory to initiate the retest. The laboratory performing the retest shall comply with the drug testing parameters set forth in Section III above, and 79 CITY OF DELRAY BEACH & ~TERNATIONAL ~CIATION OF FIRE FIGHTE~ OCEANRESCUECONTRACT2003~004 shall report the test results to the MRO within a reasonable time after receipt of the specimen from the original laboratory. If the retest results are negative, the City will accept the results and will reimburse the employee for the costs of the retest, including handling and shipping expense. 7. All documents and records with regard to the drug testing of an employee will be expunged from an employee's file if the employee is cleared through an administrative or legal challenge, and/or reasonable suspicion drug testing or split sample testing, if the employee's test results are negative. 8. The City will not discharge, discipline, or discriminate against an employee upon the employee voluntarily seeking treatments while under the employment of the City, for an alcohol/drug related problem. VII. EDUCATION 1. The City must inform employees about any employee assistance programs that the City may have available. The City shall have a contact person who will be responsible for providing the names, addresses and telephone number of an employee assistance program available to employees. 2. The City must provide information for its employees to assist them in identifying personal and emotional problems which may result in the misuse of alcohol or drugs. 8O CITY OF DELRAY BEACH & ~TERNATIONAL ~SOC~TION OF FIRE HGHTE~ OCEAN RESCUE CONTRACT 2003-2004 3. The City must provide training to all supervisors which will enhance their knowledge and skills in interpreting and administering the provisions of this Article. VIII. CONFLICT WITH OTHER LAWS AND/OR COLLECTIVE BARGAINING AGREEMENT 1. The parties agree that all specific references in this policy to Chapter 59A-24, Florida Administrative Code (R. 2000), as may be amended from time to time, have been collectively bargained and contractually agreed to by both parties to the extent that the above Administrative Code is applicable and not in conflict with other provisions of this policy or Federal or State Law. 81 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ART I CLE 4 0 The City agrees that employees who become pregnant may utilize vacation, sick leave, or leaves with or without pay. Maternity leave personnel shall be eligible for hours of work as specified in Article 10. 82 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 41 WORKERS ' COMPENSATION The City agrees for Employees who sustain workers' compensation qualified injuries that the City will pay to such Employees amounts necessary to bring such Employees to current full salary for ninety (90) calendar days, and thereafter shall pay salary/benefits to such Employees in accordance with the requirements of the Florida Statutes. The ninety (90) calendar day status shall only commence, as needed, and at such time, as when an employee initiates a need for this supplemental payment due to continuing absence from duty as caused by such injury. Once the ninety (90) day period commences it shall be available only from that day forward for ninety (90) consecutive calendar days. 83 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 42 CERTIFICATION INCENTIVE PAY Section 1 Ocean Rescue employees shall receive $.50 per hour for Emergency Medical Technician Certification. 84 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 43 COMPENSATORY TIME AND TUITION REIMBURSEMENT PROGRAM Section 1 Employees may engage in education and/or training by participation in one of the following categories: A. Participation in the City's Employee Development and Training program currently in effect for City employees (Administrative Policies and Procedures Manual, GA-39), dated 2/12/99 with the exception of Section C. Supervisors Training Program. Bo Employees may participate in other forms of education/training specifically authorized and approved by the Department Head. When such training is approved by the department, off-duty personnel shall receive compensatory time not to exceed 72 hours. Such compensatory time may be used upon the approval of the employee's Department Head or designee, provided that no scheduled overtime may result. 85 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 4 4 I2%BOR-MANAGEMENT COMMITTEE There shall be a Labor Management Committee which shall meet to discuss general employment and employer-employee relations matters. 86 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 45 DISABILITY INSURANCE The bargaining unit employee shall be eligible to receive long term disability benefits pursuant to the City's current plan and policies. 87 CITY OF DELRAY BEACH & ~TERNATIONAL ~ClATION OF FI~ HGHTE~ OCEAN RESCUE CONTRACT 2003~004 ARTICLE 46 SCHEDULE SWAP Two employees in the same job classification may swap scheduled work hours with the approval of the Ocean Rescue Superintendent or his/her designee. The hours worked are excluded in the calculation of the hours worked for which the substituting employee would otherwise be entitled to overtime compensation. The non-working employee is credited with the hours worked by the substitute. 88 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 ARTICLE 47 DURAT ION This Agreement shall be effective from October 1, 2003 through September 30, 2004. Negotiations for a successor Agreement shall commence upon written notice by either party issued between April 1, and April 15, 2004. Enumeration of the items to be negotiated for a successor agreement shall be submitted no later than the second bargaining session and only those items shall be negotiated, except by mutual agreement. 89 CITY OF DELRAY BEACH & INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS OCEAN RESCUE CONTRACT 2003-2004 EXECUTION OF AGREEMENT Dated this day of October, 2004. ATTEST: CITY OF DELRAY BEACH, FLORIDA City Clerk- Chevelle Nubin City Manager - David T. Harden Approved as to fom: City Attorney - Susan Ruby Dated this day of October, 2004. ATTEST: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Ocean Rescue Steward President of the Union Amy Schwartz James Tabeek 90 MEMORANDUM OF UNDERSTANDING The City of Delray Beach, Florida and Professional Fire Fighters and Paramedics of Delray Beach, Local 1842, IAFF agree as follows: Effective October 1, 2003 the following provisions shall apply to the full-time employees in the classifications with the Ocean Rescue Unit, i.e., Ocean Rescue Operations Supervisor, Ocean Rescue Officer and Ocean Rescue Lifeguard Trainee. 1. For fiscal year 2003/04, full-time employees currently on the payroll in the above mentioned classifications shall receive a 1% wage adjustment effective lO/l/03. 2. This MOU shall be effective solely for the period 10/1/03 through 9/30/04. 3. The parties represent that they have full legal authority to enter into this agreement. 4. All other terms of the Collective Bargaining Agreement affecting employees within these classifications noted above, for the period of October 1, 2003 through September 30, 2004 are binding, except where expressly modified herein or hereinafter modified by the parties. Dated this __ day of October, 2004. Attest City of Delray Beach, FL Chevelle Nubin, City Clerk By: David T. Harden, City Manager Approved as to Form Professional Fire Fighters and Paramedics of Dekay Beach, Local 1842, IAFF Susan Ruby, City Attorney By: James Tabeek, President [lTV I]F I]ELRRV BEI:I[H DELRAY BEACH AII-AmericaCity 100 N.W. 1st AVENUE - DELRAY BEACH, FLORIDA 33444 - 561/243-7000 1993 2001 TO: David T. Harden City Manager FROM: ~Robert A. Barcinski Assistant City Manager DATE: October 14, 2004 SUBJECT: Agenda Item City, Commission Meeting October 19~ 2004 Approval Agreement Horse Drawn Carriages~ Inc. ACTION City Commission is requested to approve an agreement between the City and Horse Drawn Carriages, Inc. to provide service along Atlantic Avenue from November 1, 2004 through April 30, 2005. BACK GR 0 UND We have been requested by Marjorie Ferrer to consider approval of this agreement for the upcoming holiday season. By this agreement Horse Drawn Carriages, Inc. would provide horse carriage rides for the dates specified. The route would be along Atlantic Avenue with pick up and drop off points at the Marriott Atlantic Avenue entrance to NE 1st Avenue at the tree from 5:30 p.m. to 11:00 p.m. daily from November 1, 2004 through January 2, 2005 and on Wednesdays through Saturdays January 5, 2005 through April 30, 2005. Ten percent of the gross revenue received would be donated to the Joint Venture to offset cash costs for putting up the holiday tree. All City staff concerns regarding safety, clean up and care of animals have been addressed in the agreement. LDR'S Section 2.4.6(h)(d)(3) allows this use during the season. A copy of the certificate of insurance with the original proposal is attached. RECOMMENDATION Staff recommends approval of the proposed agreement between the City and Horse Drawn Carriages, Inc. to provide horse and carriage rides along Atlantic Avenue as specified from November 1, 2004 through April 30, 2005 daily from 5:30 p.m. until 11:00 p.m. from November 1, 2004 through January 2, 2005 and on Wednesdays through Saturdays January 5, 2005 through April 30, 2005. Cc: Marjorie Ferret Joe Gillie File: u:sweeney/agenda Doc:Horse Drawn Carriage 04-05 T.[ EFFORT ALWAYS MATTERS Printed on Recycled Paper _____i0/11/2004 23:01 5613338316 POSTAL CENTER INC PAGE 02 Horse Drawn Carriages, Inc. 11715 Sunset Blvd. West Palm Beach, Fl. 33411 Robert Barcinski Assr City Manager City of Delmy Beach 100 NW 1 st Ave Delray Beach, Fl 33~44 October 14, 2004 Re: Amendment to Start Date and Time Dear Rob~: Horse Drawn Carriages, Inc. would like to change the start date for the 2004/2005 season to November 1, 2004 and the starting time to 5:30 pm. Thank you for your attention to this matter. Horse Drawn Carriages, Inc. Rebecca Learman Horse Drawn Carriages, Inc. 11715 Sunset Blvd. West Palm Beach, Fl. 33411 Robert Barcinski Asst City Manager City of Delray Beach 100 NW 1 st Ave Delray Beach, Fl 33444 October 8, 2004 re: Horse-drawn carriage rides, 2004/2005 season, down town Delray Beach Dear Robert: The new season has come upon us fast and I hope you made it through this turbulent hurricane season safely. Horse Drawn Carriages, Inc. is looking forward to coming back to Delray Beach. All of us, including the horses, had a wonderful time giving rides last winter and our customers rewarded us with many smiles and compliments. I expect the upcoming season to be busier and just as fun for all. As always, our #1 priority is the health and welfare of our horses. One look and it is immediately apparent they are well fed and cared for. I believe our healthy, happy horses pulling guests in beautiful carriages down Atlantic Avenue will ad to Delray Beach's upscale, channing image. We offer passengers the opportunity to slow down and take life one frame at a time, while enjoying one of life's simple but wonderful pleasures, a horse-drawn carriage ride! For the 2004/2005 Delray Beach season we would like to start on November 18, 2004 with three training days on November 11, 12 and 13, 2004. From November 18, 2004 through January 2, 2005 we will be in service from 6:00 pm until 11:00 pm daily, weather permitting. From January, 2005 through May, 2005 we will be in service from 6:00 pm until 11:00pm Wednesday through Saturday, weather permitting. We will provide 20 - 25 minute horse-drown carriage rides along Atlantic Ave and Pineapple Grove with a pick up and drop off location at the 100 foot Christmas tree. The fee for one to six passengers is $40.00 per fide, plus driver gratuity. Services will also be provided to and from the Delray Beach Marriott. We will gladly donate 10% of the gross revenues collected during this time to the Joint Venture. Delray Beach and the Joint Venture have again been added as additional insured to our 2005 insurance policy. The carriages will be housed at the 2~ Ave bicycle shop where we will start and finish our day. We will continue our policy of proper, sanitary waste disposal and will never dispose of any manure down storm drains. This season we will carry a neutralizing solution to eliminate all urine spot odors. If you need any additional information, please do not hesitate to contact me at 561 333 0920 or 561 707 8007. We enjoy working in Delray Beach and we are glad to be coming back. Sin~cexely, Rebecca Learman Horse Drawn Carriages, Inc. Carriage Horses In A Positive Light Quotes From Professionals Home-drawn carriages recreate a time when life was to be savored slowly. And, they recreate a very special relationship between man and nature. When treated with care and respect, the horse willingly provides his great strength for mans purposes. Man, in turn, tends to the health and comfort of his partner in work. Therein, lies the dignity of labor. Elizabeth M. Guarisco If you're driving on pavement or hard roads, take time to condition your horse to the concussion. Horses conditioned on hard surfaces often have stronger bones and ligaments, and they're known for having long competitive life spans and good soundness. Sara Schmitt When people dismount your carriage, and say, "Thank you," they are not only thanking you for the ride, but also for the re-enchantment of everyday life. Carriage Operators of North America Dan is my 2500lbs, 15 year old, Belgian Draft Horse. Dan and I got invited to 4H Farm Days at the fairgrounds so I hitched him up in all his finest logging attire and let all the elementary classes from the entire county come by and admire him. He stood at attention all day watching the tractors pull the hay wagon with children on it. I really think he wanted to be doing the pulling. There he was, in his work outfit, watching a John Deere do his job. How humiliating! Suzi Axtell There always has to be someone who feels sorry for the horse having to pull that "heaw" carriage. We were on level ground with a cool evening and I really think the horse was enjoying himself. Often I have been tempted to unhitch and pull it around the block myself. Joe Watkins The action that ARFF, Animal Rights Foundation of Florida, has taken against us in Delray Beach is truly unjust, and their methods are unethical and unscrupulous. I am honestly saddened that these young adults, completely lacking equine knowledge (I was able to ascertain that not one of them had ever spent a day in their life with a horse,) are trying to convince the public that I am an animal abuser or would subject our horses to abuse. Never! My experience with horses goes back a lifetime. I have studied equine behavior and am a certified equine safety instructor and horse trainer. I am working with animals I love. Pulling, for a draft horse is healthy, necessary exercise, and I know our horses well enough to say with certainty that they enjoy their work. Horse Drawn Carriages, Inc. is a horse business, and was founded out ofgreat love and respect for the animal. Our #1 priority is the health and well being of our horses. ARFF has suggested we eanse traffic tie-ups and congestion on Atlantic Ave, leading to accidents. The opposite is true. The Delray Beach police have told us they like us because we keep the traffic slow. They have referred to us as a traffic-calming device. Downtown Delray Beach has a convenient bypass route both east and west for traffic that does not want to travel as slow as pedestrian heavy Atlantic Ave might call for. They say our horses are easily startled and will bolt or rear up subjected to sudden noises. The opposite is tree. Our horses have proven themselves time and again on The Avenue, where they have been subjected to sirens, horns, motorcycles, large, noisy trucks and many other strange sights and sounds typical of busy downtown Delray Beach, including a couple of thunderstorms. Without incident. ARFF put together clippings of horse-drawn carriage accidents and accident lists to sway opinion against our business. They pasted them together in such a way that an accident which, upon first glance seems to have occurred in Boca, was really a man hitting an Amish family in a horse-drawn buggy in Ohio. They add a horse that broke free from a paddock and a policeman hit riding a Thoroughbred. Included on their accident list is a carriage horse that stumbled and hurt it's leg, which could happen in a pasture. They picket diners at popular Atlantic Ave restaurants with horrific pictures and films of dead and abused horses that look nothing like ours. They send threatening e-mails to commissioners and have vandalized our trailer. They have sent a man in a wheelchair into the street to purposely try and spook the horse I was driving (Mike didn't react,) believing such a spook could result in an accident. Such actions cannot be justified. Horse Drawn Carriages, Inc. is a conscientious and legitimate business, and draft horses doing what they were bred over 500 years to do, with proper shoeing and well fitting harnesses, is not animal abuse. Quite the contrary; it keeps them healthy. Healthy, happy horses pulling beautiful carriages give Delray Beach an upseale, charming image and offers patrons the opportunity to step back in time and enjoy one of life's simple but wonderful pleasures, a horse-drawn carriage ride. Rebecca Learman, Horse Drawn Carriages, Inc. ACORD. CERTIFICATE OF LIABILITY INSURANCE oP,D OA ,M DD HORSS-4 / 09/24/04 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The Plas tridge Agency-PBGO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10337 N Military Trail ALTER THE COVERAGE AFFORDED BYTHE POLICIES BELOW. Palm Beach Gardens FL 33410 Phone: 561-630-4955 Fax: 561-630-4966 INSURERS AFFORDING COVERAGE N~C# INSURED INSURER A: Burltngl:on :~surance Company INSURER B: Horsedrawn Car_ria. ges Inc. INSURERC: 11715 Sunset Blva INSURERD: West Palm Beach FL 33411 INSURER E: COVERAGES THE POLK~IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IND~ATEO. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W~H RESPECT TO WHICH THIS CERTIF~ATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN ~ SUBJECT TO ALL THE TERMS. EXCLUSIONS AND COND~IONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~ ~U'L POLICY EFFECTWE ' POLICY EXPIRATION LTR~ NSR£ TYPE OF INSURANCE POUCY NUMBER DATE (MNFDD~fY) DATE (MN~D~ LI~flTS GENERAL UABIL~Y EACH OCCURRENCE $1000000 A X COMMERC~LGENERALL~BILn-Y 358B000711 08/20/04 08/20/05 OAM~U~ PREMISES (La occurence) $ 100000 ____] CLA,MS~E ~ OCCUR MEOEX.(~.Vo..~.} $ 5000 PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE LIMIT APPLIES PER:: PRODUCTS - COMP~3P AGG $ Included I POL,CY ~ PRO' JECT ~-~ LOC AUTOMOBILE LL~BILFFY COMBINED SINGLE LIMIT ANY AUTO i (La acodent) i ALL OWNED AUTOS I BOOTY INJURY S SCHEDULED AUTOS ~ (Per pers~) HIRED AUTOS I BODILY INJURY NON-OWNED AUTOS I (Per acodent) __ ~ PROPERTY DAMAGE $ J (Per acddent) GARAGE MABILF~Y i AUTO ONLY - EA ACCIDENT ANYAUTO OTHERTHAN EAACC $ AUTO ONLY: AGG $ EXC ESS/UMBRELLA LIABIUTY EACH OCCURRENCE S ]OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ S WC STATU-I OTH- WORKERS COMPENSATION AND TORY LIMITS I ER EMPLOYERS' LIABILITY ANY PROPRIETOPJPARTNEPJEXECUTIVE E'L' EACH ACCIDENT $ OFFICEPJMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE If yes. describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPEC~L PRO%qSIONS Horse Drawn Carriage Rides Certificate Holder is listed as Additional Insured. CERTIFICATE HOLDER CANCELLATION C ITYD - 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION OATE THEREOF. THE ISSUING INSURER ~LL ENDEAVOR TO M~JL 10 DAYS WRITTEN NOTICE TO THE CER~FICATE HOLDER NAMED TO THE LEFT, BUT F~JLURE TO DO SO SHALL City O f Delray Beach IMPOSE NO OBLIGATION OR LIABIL~Y OF ANY KJND UPON THE INSURER. ITS AGENTS OR 100 N.W. 1st Avenue REPRESENTATIVES. ~ ~r~ Delra¥ Beach FL 33444 AUTHORIZEDREPRESENTATI~~J~ ACORD 25 (2001108) © ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE oP,o HORS~.-4 / 09//24/04 PROOUCER THIs CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE The plas tridge Agency'-PBGO HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 10337 N Military Trail ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Palm Beach Gardens FL 33410 Phone: 561-630-4955 Fax: 561-630-4966 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: ]Surl:tDgt:o=. 'rnsu=a.ace INSURER 8: Horsedrawn Carriages Inc. INSURERC: 11715 Sunset Blvd INSURERD: West Palm Beach FL 33411 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN3RADD'L I POLICY EFFECTIVE POLICY EXPIRATION LTR NSR£ TYPE OF INSURANCE POMCY NUMBER~ DATE IMNI/OD/~ DATE IMM/OO/'Y~ UMITS GENERAL LIABILITY EACH OCCURRENCE ! $ 1000000 A X X COMMERCIAL GENERAL LIABILITY 358B000711 08/20/04 08/20/05 UAMP,~: IUKrmNI~:U PRE MISES (Ea occurence) $ 100000 jc~,Ms ~oEIxl~cun MED EXP (~y ~e person) $ S 0 0 0 PERSONAL & ADV INJURY $1000000 GENERAL AGGREGATE ! $ 2 0 0 0 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPtOP AGG i $ Included I POLICY [----]PRO- JECT ~ LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Es accident) ALL OWNED AUTOS BODILY INJURY J SCHEDULED AUTOS (Per person)~, HIRED AUTOS BODILY INJURY ! $ NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY J AUTO ONLY - EA ACCIDENTJ $ "J ANY AUTO OTHER THAN EA ACC ! AUTO ONLY: AGGj $ EXC ESS/UMBRELLA LIABILITY EACH OCCURRENCE $ I DEDUCTIBLE $ RETENTION $ i WC STATU- i ~OTH- WORKERS COMPENSATION AND TORY LIMITS~ i ER EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E-L- EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 1, de--be under ECIAL PROVISIONS bel~ E.L DISEASE. POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Horse Drawn Carriage Rides - Certificate Holder is listed as Additional Insured CERTIFICATE HOLDER CANCELLATION D'~.'r,l:~- 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAJL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Delray' Beach Joint Venture 64-A SE 5th Avenue REPRESENTATIVES. /...2.~ ~,~ ~__~,.~___~7_ De'I ray. Beach FT. 33483 AUTHORIZED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 AGREEMENT THIS AGREEMENT, made and entered into this ~ day of , 2004 by and between the CITY OF DELRAY BEACH, FLORIDA, a municipal corporation (hereinafter referred to as "CITY"), and HORSE DRAWN CARRIAGES, INC., (hereinafter referred to as "CARRIAGES"). WITNESSETH: WHEREAS, the CITY controls certain roadways located within the City of Delray Beach; and WHEREAS, CARRIAGES desires to use these roadways for the operation of horse-drawn carriage rides to the general public; and WHEREAS, the CITY believes that offering carriage rides during the holiday season will increase revenues to the City; and WHEREAS, CARRIAGES agrees that ten percent (10%) of their gross revenues shall be donated to the Joint Venture for use to offset cost of erecting Christmas tree. NOW, THEREFORE, in consideration of the mutual premises, covenants and agreements contained herein, the parties hereby covenant and agree as follows: 1. LICENSE; TERM. The CITY hereby grants to CARRIAGES the right and privilege to use Atlantic Avenue east of Swinton to the Marriott from November 1, 2004 through April 30, 2005. CARRIAGES' rights shall cover an additional one (1) day after the term of license in order to allow CARRIAGES to remove necessary facilities and/or equipment subject to the survival of ten (10%) percent required on termination. 2. LICENSE AGREEMENT ONLY. This agreement between the CITY and CARRIAGES is a license agreement, not a lease or purchase agreement, and should be construed by a court of competent jurisdiction to be a license agreement only. Furthermore, this License Agreement does not grant nor is CARRIAGES receiving hereunder any rights to any real property of the CITY nor any property interests except as set forth in this Agreement. 3. FACILITIES AND SERVICES PROVIDED BY CITY. (a) Unless otherwise herein specified, CITY shall be responsible for, or agrees to provide, at no charge to CARRIAGES the following assistance in connection with the operation of the carriage rides: (i) Non exclusive use of Atlantic Avenue east of Swinton to the Marriott including non exclusive use of NE 2cnd Avenue north to NE 4th Street; and (ii) Non exclusive use of parking spaces near Old School Bread Factory on a space available basis. 4. OPERATION OF CARRIAGE RIDES. The organization and operation of each carriage ride shall be the responsibility of CARRIAGES. The operation shall occur in accordance with the following rules. CARRIAGES shall: (a) Handle sales and purchase of all carriage rides; (b) Operate the carriage rides from 5:30 p.m. to 11:00 p.m. daily only, from November 1, 2004 through January 2, 2005, and from 5:30 p.m. to 11:00 p.m., Wednesday through Saturday, January 15, 2005 through April 30, 2005. (c) Administer donations of ten (10%) percent of gross revenues to be paid directly to the Joint Venture to offset cost of erecting Christmas tree; (d) Set up each of two (2) carriages complete with one (1) horse per carriage; (e) Provide proper illumination of carriage vehicles; (f) Operate carriages on approved road surfaces only; (g) Provide horse diapers to ensure cleanliness on site as well as dispose of horse diapers in a sanitary fashion; (h) Obtain all necessary permits; (j) Provide adequate liability insurance coverage in amounts determined by the CITY and including a clause indemnifying CITY; (k) Provide carriage drivers skilled in ability to control animals; (I) Provide bells on horses; (m) Provide adequate food and water for animals; (n) Bear responsibility for finding storage for carriages and/or trailers when not in use and CARRIAGES must bear expense for said storage as well as any and all risks of loss therein; (o) Horses shall not be left unattended while parked; (p) CARRIAGES' agents and employees shall comply with traffic regulations and shall possess a valid driver's license; (q) CARRIAGES shall display a valid schedule of rates, charges and hours of operation in a location visible by the public; (r) Obey all laws of the City and the State including but not limited to providing signage in accordance with applicable ordinances, laws, or rules. 5. ACKNOWLEDGMENT OF BENEFITS. In acknowledgment of the services provided by the CITY in Paragraph 3 above, CARRIAGES agrees that CITY will have the following acknowledgment rights: (a) Inclusion of CITY'S name and/or logo in all print, radio, and television advertising created by CARRIAGES to promote carriage rides; (b) Inclusion of CITY'S name on the front cover of all promotional materials created and distributed by CARRIAGES; (c) Inclusion of CITY'S name in all press materials; 6. CARRIAGES' EXPENSES AND REVENUES. (a) Subject to Paragraph 4(a), CARRIAGES shall be responsible for collecting all revenues generated by, and paying all expenses incurred for the carriage rides. 7. FORCE MAJEURE, If CARRIAGES or the CITY is prevented from or interfered with in any manner whatsoever in fully performing its agreements (including its ability to operate carriage rides) hereunder, for any reason beyond its reasonable control such as any law, regulation, act of God, earthquake, flood, fire, accident, labor controversy, act or threat of terrorism or delay of a common carrier (the foregoing all being examples of an "event of force majeure"), then CARRIAGES' and the CITY'S obligations hereunder will be suspended as often as any such event of force majeure occurs and during such occurrences, CARRIAGES' and CITY'S nonperformance will not be deemed a breach of this Agreement. 8. TAXES. CARRIAGES shall be liable for any and all taxes which are or may be imposed as a result of this agreement. Taxes shall be paid to the appropriate authority and including, but not limited to, sales and/or use tax. 9. PROOF OF INSURANCE. CARRIAGES shall provide the CITY with proof of insurance. The type and quantity of insurance is more particularly set forth in Exhibit A to this agreement. Proof of such insurance shall be due by 30 days prior to the first carriage ride. The insurance shall name the CITY and its designee as additional insured. 4 10. FINANCIAL RESPONSIBILITY. CARRIAGES agrees, subject to the provisions of this Agreement, to accept all financial responsibilities for the carriage rides including, but not limited to, all accounting and reporting as may be required by law. CARRIAGES further agrees to accept sole responsibility for any financial commitments or obligations it incurs as a result of the carriage rides, and which are not provided for in this Agreement. 11. OTHER SERVICES AND SUPPLIES. CARRIAGES further agrees that all services and supplies not specifically identified herein shall be provided by or through CARRIAGES. 12. RIDE TICKET SALES. All ride sales tickets shall contain language approved by CARRIAGES and CITY establishing that the ride tickets create a revocable license. Prior to the commencement of sale of any ride ticket, CARRIAGES shall provide City Manager or his designee with the established ticket sales price. 13. ADVERTISING MATTER. (a) CARRIAGES agrees, subject to its rights, if any, under any applicable License Agreements, to identify the City of Delray Beach as the location of the carriage rides in publications, advertising and any electronic broadcast, and to permit CITY to use CARRIAGES' name, and CITY agrees to permit CARRIAGES to use the CITY'S name, logo, and trademark during the term of this Agreement solely in the connection with the carriage rides. CITY agrees that promotional material created by CITY with regard to the carriage rides is subject to the approval of CARRIAGES. CARRIAGES agrees that any material submitted by CITY will not be unreasonably disapproved, and, if it is disapproved, that CITY will be advised of the specific grounds of the disapproval. (b) All printed material and advertising matter to be used prior to or during the operation of carriage rides which include the name City of Delray Beach or its official seal shall be submitted to the City Manager or his designee for his approval at least two (2) days prior to the proposed use of the same. Approval shall not be unreasonably withheld by the City Manager or his designee. 14. PERSONNEL AND EQUIPMENT. CARRIAGES shall provide all personnel needed for the operation of the carriage rides, including, but not limited to, ticket sellers, ticket takers, drivers, trainers and guides except as otherwise set forth in Paragraph 3(a) or elsewhere in this Agreement. 15. CITY'S RIGHT TO CONTROL FLOW OF TRAFFIC. CITY at all times reserves the right to re-route carriages if the approved route becomes a detriment to the flow of traffic, and neither CITY nor any of its officers, agents or employees shall be liable in any manner to CARRIAGES or its officers, agents or employees for any damages which may be sustained by CARRIAGES through the exercise of this right by CITY. 16. NON-DISCRIMINATION. A. That CARRIAGES for itself, its personal representatives, successors in interest, assigns, subcontractors, and sublicensees, as a part of the consideration hereof, does hereby covenant and agree that: 1. No person on the ground of race, color, national origin, age, or sex shall be denied the benefits of, or be otherwise subjected to discrimination in the use of said carriage rides. B. That in the event of a proven breach of any of the above non- discrimination covenants, the CITY shall have the right to terminate the license. This provision shall not be effective until the procedures of Title 45, Code of Federal Regulations, Part 80, are followed and completed including exercise or expiration of appeal rights. 6 '17. CHANGE IN LAW. During the term, the CITY reserves the right to restate and/or renegotiate with CARRIAGES such additions, deletions or changes to the license as may be necessitated by changes in county, state or federal laws relating to the operation of the public roads. In the event that the CITY and CARRIAGES are unable to reach a mutual agreement on any such addition, deletion or change, that portion of the contract concerning the services involved in the addition, deletion or change shall be terminated or eliminated. 18. TERMINATION. Either party may terminate this Agreement without cause upon five (5) days written notice except that ten (10%) percent of gross revenues collected prior to the date of termination shall survive such termination. 19. NOTICES. Any notices submitted or required by this Agreement shall be sent by registered or certified mail and addressed to the parties as follows: To the City: David Harden, City Manager City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444 To CARRIAGES: Rebecca Learman, Home Drawn Carriages, Inc. 11715 Sunset Boulevard West Palm Beach, FL 33411 or to such other addresses as either party may designate in writing. 21. INTERPRETATION. This Agreement constitutes the entire Agreement between the parties with respect to subject matter hereof and supersedes all prior verbal or written agreements between the parties with respect thereto. This Agreement may be amended only by written document, properly authorized, executed and delivered by both parties hereto. 7 This Agreement shall be interpreted as a whole unit and section headings are for convenience only. All interpretations shall be governed by laws of the State of Florida. Waiver of any breach shall not constitute waiver of any other breach. Invalidation of any portion of this Agreement shall not automatically invalidate the entire Agreement. 22. INDEMNIFICATION. (a) To the fullest extent permitted by laws and regulations, CARRIAGES agrees to indemnify, defend, save and hold CITY, its officers, agents, employees and assigns harmless from any and all claims, damages, liabilities, losses, causes of action, liens or judgments of any kind or nature whatsoever which may arise out of, in connection with, or because of the use or operation of the licensed roadways, including but not limited, to the road surfaces, parking areas, pedestrian walkways, vehicular paths and grassy areas, by CARRIAGES or its officers, agents, employees, or indepen- dent contractors, and invitees including but not limited to those resulting from or arising out of (a) by any act done or words spoken by CARRIAGES, its agents or employees; (b) any damage done to the premises or any part thereof caused by the act or omission of either CARRIAGES or any agent or employee of CARRIAGES: (c) the breach by CARRIAGES of any term of this Agreement; or (d) any breach or alleged breach of any warranty or obligation undertaken by CARRIAGES in this Agreement. CARRIAGES shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection therewith, including but not limited to reasonable attorney's fees and costs to defend all claims or suits, in the name of CITY when applicable. (b) CARRIAGES agrees to defend all actions to which this Paragraph 22 applies, in the name of CITY provided, however, that CITY reserves the right to select its own legal counsel to conduct any defense in any such proceeding which selection shall be reasonable under the circumstances. All costs and fees associated therewith shall be the responsibility of CARRIAGES under this indemnification agreement. (c) Such indemnification shall be limited to the amount of liability insurance which CARRIAGES is required to obtain under this License Agreement. See Exhibit A attached hereto for requirements. (d) Nothing contained herein is intended nor shall be construed to waive CITY'S rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from time to time. The provisions of this Paragraph 22 shall survive the execution, delivery and performance of this Agreement. 23. PERSONAL PROPERTY. CITY assumes no responsibility whatsoever for any property placed on the Site by CARRIAGES, its agents, employees, representatives, independent contractors or invitees. CITY is hereby expressly released and discharged from any and all liabilities for any loss, injury or damage to such property that may be sustained by reason of the use and occupancy of the Site under this Agreement. CARRIAGES shall indemnify, hold harmless, and defend the CITY in any action naming the CITY, its officers, agents and employees. All costs and fees associated therewith at trial and appellate levels shall be the responsibility of CARRIAGES under this agreement. 24. INDEPENDENT CONTRACTOR STATUS. CARRIAGES and its employees, volunteers and agents shall be and remain independent contractors and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement or for any other reason whatsoever. This Agreement shall not in any way be construed to create a part- nership, association or any other kind of joint undertaking or venture between the parties hereto. 25. WARRANTY. Except as otherwise provided for herein, the CITY and CARRIAGES represent that they have, to the best of their knowledge and belief, all rights and authority 9 necessary to fulfill the obligations hereunder without breaching the terms of any other agreement to which either CARRIAGES or CITY is a party. 26, ASSIGNMENT, This Agreement shall bind and inure to the benefit of CARRIAGES and the successors and assigns of CARRIAGES. The rights granted CARRIAGES hereunder shall be exclusive to it and shall not, without the prior written consent of CITY, be transferred or assigned to any other. 27, RESERVATION OF RIGHTS, All rights not herein specifically granted to CARRIAGES with respect to the carriage rides shall be and remain the property of CITY. 28, ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between CITY and CARRIAGES in respect to the subject matter of this Agreement and supersedes all prior agreements. 29, EXECUTION AND DELIVERY REQUIRED. This instrument shall not be considered to be an agreement or contract, nor shall it create any obligation, whatsoever, on the part of CARRIAGES or CITY, or either of them, unless and until it has been signed by representatives of CARRIAGES and CITY and delivery has been made of a fully-signed original. 30. THIRD PARTIES. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement upon any person other than the parties hereto and their respective heirs, successors, legal representatives, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the ]0 obligation or liability of any third persons to any party to this Agreement, nor shall any provision thereof give any third person any right of subrogation or action over or against any party to this Agreement. 31. VENUE. Any action brought to enforce the provisions of this Agreement shall be brought in a court of competent jurisdiction in Palm Beach County, Florida. 32. APPROVALS. All approvals to be given by a party under this Agreement shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties have caused this agreement and one counterpart, both of which shall constitute originals, to be executed by its proper officers hereto duly authorized on the year and date first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:. City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney WITNESSES: HORSE DRAWN CARRIAGES, INC. By:. Name Printed: (print or type name) Title: SEAL STATE OF COUNTY OF The foregoing instrument was acknowledged before me this ~ day of ,2004 by , of Horse Drawn Carriages, Inc.., a corporation, on behalf of the corporation. He/She is personally known to me/or has produced (as identification). Signature of Notary Public AGENDA ITEMNUMBER: ~ (~ AGENDA REQUEST Request to be placed on: Date: X Regular Agenda ~ Special Agenda ~ Workshop Agenda When: October 19, 2004 Description of agenda item: City Commission is requested to approve an a.qreement between the City and Horse Drawn Carria.qes, Inc. to provide service alon.q Atlantic Avenue from November 1, 2004 throu,qh April 30, 2005. ORDINANCE/RESOLUTION REQUIRED: YES NO Draft Attached: YES NO Recommendation: Approval Department Head Signature: ~1.~,~[~:~~, I°//~/1¢)~ Determination of Consistency with Comprehensive Plan: City Attorney Review/Recommendation (if applicable): Budget Director Review (required on all items involving expenditure of funds): Funding available: Yes No Funding alternatives: (if applicable) Account Number: Account Description: Account Balance: City Manager Review: Approved for agenda:t~ /~ No Hold Until: ' Agenda Coordinator Review: Received: Action: Approved Disapproved P.O. # '[ITy OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Wdter's Direct Line: 561/243~7091 ~..aae,4ca Cit~ DATE: October 11,2004 TO: City Commission David Harden, City Manager FROM: Bdan Shutt, Assistant City Attorney SUBJECT: Grant Agreement with American Legion Post 188 and Caring Kitchen and Restated Lease Aqreement with the American Leqion The City leases certain property to American Legion Post 188 for use as a meeting hall. The Legion, in turn, subleases a portion of the property to the Caring Kitchen. The Solid Waste Authority began assessing property for garbage disposal in 1990. The City has paid this assessment over the years, although, it is the responsibility of the Legion. The Legion and Caring Kitchen requested assistance from the City in repaying this amount to the City. The Commission, at its July 6, 2004 meeting, agreed to a one time grant award to the Legion and Caring Kitchen in the amount of $11,480.97, the past due amount. All future Solid Waste Assessment fees shall be paid by the Legion or the Caring Kitchen. The Commission, at the July 6, 2004 meeting, also agreed that the grant award was contingent upon the Legion executing a revised lease agreement. I have attached a grant award agreement executed by the Legion and the Caring Kitchen as well as the restated lease agreement executed by the Legion. Please place these items on the October 19, 2004 City Commission agenda. Please call if you have any questions. Attachments cc: Chevelle Nubin, Acting City Clerk GRANT AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND AMERICAN LEGION POST 188 AND CHRISTIANS REACHING OUT TO SOClETY~ INC. THIS AGREEMENT is made on this day of ,200_, by and between the CITY OF DELRAY BEACH ("City"), AMERICAN LEGION POST 188 ("ALP') and CHRISTIANS REACHING OUT TO SOCIETY, INC. ("CROS"). WlTNESSETH: WHEREAS, the CITY has leased certain property to ALP for use as a meeting hall; and WHEREAS, ALP currently subleases this property to CROS; and WHEREAS, the Solid Waste Authority began to assess properties for garbage disposal in 1990; and WHEREAS, the City has paid this assessment over the years, although, it is the responsibility of ALP to pay this assessment; and WHEREAS ALP and CROS has requested assistance from the City in repaying this amount; and WHEREAS, the City has agreed, on a one time basis, to give a grant to ALP and CROS for the outstanding amount as these organizations perform a meaningful and beneficial service to the community. NOW, THEREFORE, in consideration of the mutual covenants, stipulations and agreements herein contained, the parties agree as follows: 1. Recitals. The recitals set forth above are incorporated herein. 2. Grant Award. The City shall award a one time grant in order to defray the cost of the Solid Waste Authority assessments, for the property described in Exhibit "A", paid by the City in the amount of $4,011.81 for ALP and in the amount of $7,469.16 for CROS. This grant award shall be contingent upon ALP executing the Restated Lease Agreement, attached hereto as Exhibit "B". ALP shall be responsible for all future payments of the Solid Waste Authority assessment on the property as provided in the Restated Lease Agreement. 3. Payment by City. The City shall make such grant award to ALP and CRO$ by reflecting such award and payment for the Solid Waste assessment in its accounting records. No money shall actually be paid to ALP and CROS. 4. Term. This Agreement shall terminate by December 1,2004. 5. Entire A_areement. This Agreement constitutes the entire Agreement between the parties and shall supercede all prior oral and written agreements, as to this Funding Agreement. 6. Modification. This Agreement may be amended or modified by written addendum or amendment signed by the parties. 7. Assignment. This Agreement may not be assigned without the express wdtten consent of the parties. ATTEST: CITY OF DELRAY BEACH, FLORIDA By:. City Clerk Jeff Perlman, Mayor Approved as to Form: City Attorney Witnesses: AMERICAN LEGION POST 188 ~'~('X..4~L~. ~d/.~ E-~gah Morris, Commander (print or type n~me) 2 (_,,/~--t,~x~'~ Theodore Rob(nson, Secretary (print or type name) ~J Witnesses: CHRISTIANS REACHING OUT TO SOC~ a (print name) (pdnt or ~pe name) 3 EXHIBIT "A" Lots 21, 22, 23 and 24, Block B, West Side Heights Subdivision. EXHIBIT "B" RESTATED LEASE AGREEMENT BETWEEN CITY OF DELRAY BEACH, FLORIDA AND AMERICAN LEGION POST 188 TABLE OF CONTENTS PAGE ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises 4 1.02 Parking 4 1.03 Length of Term and Commencement Date 4 ARTICLE II RENT 2.01 Annual Rent 5 ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.01 Use 5 3.02 Conduct 5 3.03 Alterations by Lessee 5 3.04 Hazardous Substances 6 ARTICLE IV REPAIRS AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee 6 4.02 Lessor's Right to Inspect and Repair 7 ARTICLE V UTILITIES AND SERVICES 5.01 Responsibilities of Lessor and Lessee 7 ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor 8 6.02 Personal Property 8 6.03 Indemnification 8 ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War or Act of God 9 TABLE OF CONTENTS PAGE ARTICLE VIII TERMINATION 8.01 Termination by Either Party 9 ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant 9 ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises 10 10.02 Holdover 10 ARTICLE Xl MISCELLANEOUS 11.01 Notices and Consents 10 11.02 Severability 10 11.03 No Recording 11 11.04 Venue 11 11.05 Captions 11 11.06 No Representations - Entire Agreement 11 11.07 Time of the Essence 11 11.08 No Assignment or Subletting or 11 Licensing of Premises 11.09 Radon 12 11.10 Benefit and Binding Effect 12 Exhibit "A" Collectively referred to as the Premises 3 RESTATED LEASE AGREEMENT THIS RESTATED LEASE is made this ~ day of , 2004, by and between the CITY OF DELRAY BEACH, FLORIDA, hereinafter referred to as the "Lessor", and AMERICAN LEGION POST 188, hereinafter referred to as "Lessee". WlTNESSETH: WHEREAS, Lessor desires to lease the premises depicted in Exhibit A to be used solely and exclusively for a meeting hall and attendant activities. NOW, THEREFORE, it is hereby mutually covenanted and agreed by and between the parties hereto that this Lease is made upon the agreements, terms, covenants and conditions hereinafter set forth. ARTICLE I BASIC LEASE PROVISIONS 1.01 Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be observed and performed, the Lessor demises and leases to the Lessee, and Lessee rents from Lessor, land as further described in Exhibit A, attached hereto and by reference made a part hereof, referred to as the "Premises". Lessor hereby grants Lessee a non-exclusive easement across the property for ingress and egress to the Premises during the term of this Lease. 1.02 Parking Parking shall be located on the Premises. 1.03 Length of Term and Commencement Date The Term of this Lease shall be for a period of sixty-four (64) years commencing from October 1, 1982 (the original "Commencement Date") and expiring on the 30th day of September, 2046. This Lease may be renewed for a twenty-five (25) year period upon the consent of both parties. Upon the expiration or termination of this Lease, Lessee shall have the option to remove the building or any personal property from the property. 4 This Lease shall terminate upon Lessee's failure to comply with each and every requirement imposed upon Lessee under the terms of this Lease after any applicable grace period. ARTICLE II RENT 2.01 Annual Rent The Rent payable annually in advance by Lessee for the Term of this Lease for the use and occupancy of the Premises is One ($1.00) Dollar per annum. Lessee is a tax exempt entity as evidenced by tax exemption # (~ -o~-~,~,~-:~. No sales or use tax shall be included or charged with Rent or any other payment required of Lessee pursuant to this Lessee, unless required by law. If so required, the Lessee shall pay for such taxes for prior or future years, all as may be required by law. Payment of Rent will be mailed to Lessor as stated in Section 12.01 of this Lease. ARTICLE III CONDUCT OF BUSINESS AND USE OF PREMISES BY LESSEE 3.0t Use Lessee shall use and occupy the Premises for the purpose of a meeting hall and attendant uses, and for no other purpose or use whatsoever, without the pdor written consent of the Lessor. 3.02 Conduct Lessee shall not commit waste on the Premises, nor maintain, commit or permit the maintenance or commission of a nuisance thereon, or use the Premises for an unlawful purpose or unpermitted purpose. Lessee acknowledges that its employees and the Premises shall throughout the Term of this Lease be in full compliance with all Federal, State, County and local statutes, laws, rules and regulations including without limitation, Sections 402.301 to 402.319 inclusive, Flodda Statutes, if applicable to Lessee and rules and regulations promulgated thereunder as may be amended from time to time and shall be properly licensed by all applicable authorities as may be required for the lawful operation of the Premises as a meeting hall. 3.03 Alterations by Lessee Lessee agrees to perform, at its own cost and expense, all work necessary to fully equip and maintain the Premises for Lessee's permitted use of the Premises as specified in Section 3.01 of the Lease. Any installation, alteration, addition, improvement or other physical change ("Alteration") requiring a building permit in or about the Premises by the Lessee shall require the pdor wdtten consent of Lessor whose consent shall not be unreasonably withheld. Lessee shall submit plans for Lessor's approval of all such alterations. Upon granting its consent, Lessor shall specify whether the Alteration is to be removed by Lessee, at Lessee's sole cost and expense, upon the expiration of the term of this Lease. In the event a construction lien is filed against the premises, Lessee shall comply with all applicable provisions of Flodda Statutes, Chapter 713, Part I. Lessee, within thirty (30) days after notice from the Lessor, shall discharge, or shall have mechanics lien transferred to bond, any mechanic's liens for materials or labor claimed to have been fumished to the Premises on the Lessee's behalf and to indemnify, defend and save Lessor harmless from and against any damage or loss incurred by the Lessor as a result of any such construction lien. All buildings, alterations, additions, improvements, decorations or installations, including but not limited to, partitions, railings, (except movable furniture and fixtures put in at the expense of Lessee and removable without defacing or injudng the Building or the Premises), shall become the property of Lessor at the termination of the Lease Term. 3.04 Hazardous Substances Lessee shall not use, store or dispose of any "Hazardous Substances" on the Premises, any chemical, matedal or substance, including petroleum products, the handling, storage, transportation, disposal of or exposure to which is prohibited, limited, or regulated by any federal, state, county, regional or local authority. In the event of accident or discovery of such storage or disposal, Lessee shall immediately report such occurrence to Lessor, indicating what is being stored or disposed of, and what actions Lessee is undertaking to remove said hazardous substances or petroleum products. Lessee agrees to indemnify, defend and save harmless the Lessor from and against any claim, damage or loss incurred by Lessor as a result of the storage, disposal, exposure or transportation of the aforementioned hazardous substances and petroleum products. ARTICLE IV REPAIR AND MAINTENANCE OF PREMISES 4.01 Responsibilities of Lessor and Lessee (a) Lessee at its sole cost and expense, agrees to repair and maintain the Premises and keep the building and appurtenances in good order and condition. Lessee's responsibility includes, but is not limited to the repair, maintenance, and if necessary, the replacement of the roof, roof drains, outside walls, foundation and structural portions of the building (both interior and exterior), the fire sprinkler and electrical systems of the Premises and the plumbing and sewage pipes servicing the Premises and located in the Premises. Throughout the term of this Lease, or any extension thereof, Lessee shall be responsible for all costs and expenses associated with the repair, maintenance, and replacement if necessary, of the HVAC systems of the Premises. Lessee shall be responsible for the painting of the building, and additions or alterations thereto (both interior and exterior) and any additional buildings both interior and exterior constructed on the Premises. The exterior building color shall be approved in advance by the Lessor. Lessee shall maintain and repair all structures or appurtenances placed on the property by Lessee. Lessee shall also maintain, repair and replace if necessary all outdoor lighting and outdoor paved areas on the Premises, including, but not limited to, parking lots on the Premises. Lessee shall be responsible for repair and replacement of fencing, if applicable, and for the maintenance of the landscaping. (b) Lessor shall maintain the irrigation system located on the Premises. (c) All maintenance/repair and/or replacement not expressly reserved to Lessor shall be the responsibility of Lessee. 4.02 Lessor's Right to Inspect and Repair The Lessor or the Lessor's agents shall have the right upon reasonable prior notice to the Lessee (except that no notice need be given in case of emergency) to enter the Premises for the purposes stated in Paragraph 3.01 and for the purpose of inspection and maintenance of, or the making of repairs to the Premises or the Building, which are Lessor's responsibility hereunder or which Lessor has the right to perform pursuant to Paragraph 4.01, or for the purpose of complying with laws, regulations or other requirements of government authorities. Any such entrance into the Premises shall be conducted by Lessor in a manner calculated to minimize interference with or disruption of Lessee's operations within the Premises. ARTICLE V UTILITIES AND SERVICES 5.01 Responsibility of Lessor and Lessee Lessee shall supply at its cost and expense separate meters, if required, for measuring electricity and water used or consumed as a result of Lessee's use of the building and parking areas located on the Premises. Lessee agrees to pay all charges for electricity and water or any other utilities used or consumed as a result of the use of the building and parking areas located in or on the Premises, including the cost of outside lighting of the Premises, by contracting directly with the utility company 7 furnishing such utilities to the Premises. The Lessee shall remove its refuse and rubbish from the Premises to any area on the Property to be designated by Lessor and from which it will be removed at the expense of Lessee. Lessee shall be responsible for all garbage and trash removal fees and charges including but not limited to all fees and charges submitted by the Solid Waste Authority for solid waste generated from the Premises. The Lessee at its expense shall contract for all janitorial services in and about the Premises and shall cause all portions of the Premises to be regularly cleaned. ARTICLE VI INSURANCE 6.01 Insurance by Lessee and Lessor Lessee shall maintain in full force and effect for the entire term of this Lease, comprehensive liability insurance in the amount of $500,000.00 for bodily injury and property damage combined, each occurrence, which said insurance shall specifically name Lessor as an additional insured under the policy, and that 30 days written notice shall be provided to Lessor upon any cancellation or modification of the insurance policy. 6.02 Personal Property All of Lessee's personal property placed or moved in or on the Premises shall be at the risk of the Lessee or owner thereof. Except as otherwise provided herein, Lessor shall not be liable for any damage to said personal property, except to the extent caused by the Lessor, its agents' or its employees' willful or negligent acts or omissions. 6.03 Indemnification Lessee shall indemnify and save harmless the Lessor, its officers, agents and employees, its officers, agents and employees from and against any and all claims, suits, actions, damages and/or causes of action arising during the Term of this Lease or any renewal thereof, for any personal injury, loss of life and/or damage to property sustained in or about the Premises by reason or as a result of the use and occupancy of the Premises by the Lessee, its agents, employees, licensees and invitees and the general public and from and against any orders, judgments, and/or decrees which may be entered thereon, and from and against all costs, attorney fees, expenses and liabil- ities incurred in and about the defense of any such claim. Said indemnification by Lessee shall not include indemnification for claims, damages, loss, or liabilities which are judicially determined to arise out of the sole negligence or willful misconduct of the Lessor, its officers, employees or agents, its officers, employees or agents. In the event that the Lessor is made a party to any litigation commenced against the Lessee or by the Lessee against any party, then Lessee shall indemnify, protect, hold harmless and pay all costs and attorneys fees incurred by Lessor in connection with the litigation and any appeals thereof. Nothing herein shall constitute a waiver of sovereign immunity of the Lessor. ARTICLE VII DESTRUCTION OR CONDEMNATION OF PREMISES 7.01 Damage or Destruction by Fire, War, or Act of God In the event the Premises shall be destroyed or so damaged or injured by tire, flood or other casualty dudng the term of this Lease or any extension thereof, whereby the same shall be rendered untenable, in whole or in part then the Lessee at its sole option may terminate the lease or may commence and complete replacement or restoration thereof within five years of the aforementioned event. In the event of any such casualty and if Lessee fails to complete restoration or replacement within the five year pedod, the Lessor may, in its sole discretion grant an extension of time or terminate the Lease, and Lessor may complete the restoration or replacement or demolish the improvements and propedy dispose of the demolished materials and Lessee shall reimburse the Lessor for all costs and expenses in doing so. In the event Lessee or Lessor elects to terminate this Lease, instead of replacing or restoring the premises, both parties shall be relieved of all further obligations hereunder, except as provided herein. The cancellation herein mentioned shall be evidenced in writing. ARTICLE VIII TERMINATION 8.01 Termination by Either Party Either party may cancel this Lease at any time and for any reason, upon One Hundred Eighty (180) days wdtten notice provided by hand delivery, mail or fax. ARTICLE IX QUIET ENJOYMENT 9.01 Lessor's Covenant Upon payment by the Lessee of the Rent and other charges herein provided, and upon the observance and performance of all the covenants, terms and conditions on Lessee's part to be observed and performed, Lessee shall peaceably and quietly hold and enjoy the Premises for the term hereby demised without hindrance or interruption, subject to the terms of this Lease. ARTICLE X SURRENDER, HOLDOVER 10.01 Surrender of Premises Upon expiration of the term, the Lessee shall, subject to the provisions of Section 3.03 of this Lease, remove at its own cost and expense, its personal property, trade fixtures and equipment and shall deliver the Premises to Lessor in good repair and condition, excepting reasonable wear and tear arising from Lessee's permitted use of the Premises. 10.02 Holdover Any holdover by Lessee, with or without the consent of Lessor, at the expiration of this Lease, shall create a new tenancy from month-to-month between Lessor and Lessee which shall be subject to all terms and conditions hereof. This holding over shall not result in renewal or extension of this Lease. ARTICLE XI MISCELLANEOUS 11.01 Notices and Consents Any consents, approvals and permissions by the Lessor shall be effective and valid only if in writing and any no. tice by either party to the other shall be in writing and shall be deemed to be duly given if mailed, faxed or hand delivered to: (a) if to the Lessor at: City Manager 100 N.W. 1 st Avenue Delray Beach, FL 33444 (b) if to the Lessee at:Eligah Morris, Commander 426 S.W. 4th Ave. Delray Beach, FL 33444 Or at such other addresses as the Lessor or the Lessee, respectively, may designate in writing. 11.02 Severability If any term of this Lease or the application thereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such term to persons or circumstances other than those as to which it is invalid or unenforceable, shall not. be affected thereby, and each term of this Lease, shall be valid and enforceable to the fullest extent permitted by law. 11.03 No Recording Lessor and Lessee agree that a Notice of Leasehold interest, in form agreeable to each party, shall be recorded in the public records to set forth the term of the Lease, identification of the parties, and notice that the Lessor's interest in the Premises is not subject to any lien 11.04 Venue This Lease shall be governed by and interpreted according to the laws of the State of Florida. To the extent allowed by law, the venue for any action arising out of or from this .Lease shall be in Palm Beach County, Florida. 11.05 Captions The captions in this Lease are included for convenience only and shall not be taken into consideration in any construction or interpretations of this Lease or any of its provisions. '11.06 No Representations - Entire Agreement This Lease constitutes all agreements, conditions and understanding between Lessor and Lessee concerning the Premises. All representations, either oral or written, shall be deemed to be merged into this Lease. Except as herein othenvise provided, no subsequent alteration, waiver, change or addition to this Lease shall be binding upon Lessor or Lessee unless reduced to writing and signed by them. 11.07 Time of the Essence Time is of the essence with respect to each provision of this Lease which requires that action be taken by either party within a stated time period, or upon a specified date. Any reference to a certain number of days shall be deemed to be calendar days. Any time period provided herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. EST of the next business day. 1t.08 No Assignment or Subletting or Licensing of Premises Lessee shall not assign nor sublet or License the Premises without the prior written consent of the Lessor, which consent may be granted or withheld in the Lessor's sole discretion, unless such assignment is to any successor of the named Lessee which shall use the premises for the same permitted use, in which case Lessor shall not unreasonably withhold its consent. All sublesses's must abide by all of the terms of this Lease and any sublease shall include all of the terms of this Lease. Lessor acknowledges that Lessee has currently subleased the Premises to Christians Reaching Out to Society, Inc., a non-profit corporation and Lessor hereby consents to such sublease for the duration of such sublease or any renewal periods. 11.09 Radon Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient qualities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the public health unit. 11.10 Benefit and Binding Effect This Lease shall be binding upon and inure to the benefit of the heirs, successors, legal representatives and assigns of the parties hereto. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease as of the date set forth below. ATTEST: LESSOR: CITY OF DELRAY BEACH By: By: City Clerk Jeff Perlman, Mayor Approved as to form and legal sufficiency: City Attomey LESSEE: W~_ ~~7')~:::~ AMERICANBy: ~---C'~"~~LEGION'''~/~ ~POST 188 ~_~/~/,~j ~ Eligah Morris, Commander (pdnt or type n~me) By:~~-'~.,:..._....~,~,~_.~__ 7/-~/~ (~~~~~ Theodore F~obin$on, Secretary (prir~t or type name) L) 12 [lTV OF DELRI:iY BEI:I[H CiTY ATTORNEY'S OFFICE ~°° ~"'TM^~..~. ~.^~.~^~.. ~o~,~^.,,~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~Am~ica City MEMORANDUM 1993 2001 DATE: October 6, 2004 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Fourth Amendment to Contract with Block 77 Development Group The Community Redevelopment Agency (CRA) approved the Fourth Amendment to the Contract for Sale and Purchase between the CRA and Block 77 Development Group. The City, as a third party beneficiary of the contract has been asked to approve modifications to the contract. The Fourth Amendment allows rental units or condominium units to be developed on the property. greement on the October 19, 2004 consent agenda. Attachment Cc: Diane Colonna, Executive Director, CRA Michael Weiner, Esq. Meeting Date: September 28, 2004 Agenda Item: - Summary Fourth Amendment to Contract with Block 77 Development Group On August 12, 2004, the Board heard a request from the Block 77 Development Group to amend their contract with the CRA in order to allow Worthing Place to be marketed as a for-sale project. The Board supported the request pending submission of a marketing study that demonstrates its feasibility as a for-sale project, and also with a condition that the units be deed restricted so as not to prohibit future owners from renting them out. The attached amendment addresses the issue of the deed restriction. Also attached is a summary of the findings of the market study conducted for the developers by Roe Minor Realty Consultants, which concludes that the project is feasible both on a rental or for-sale basis. The analysis states that a for-sale product would actually be more marketable, since there is a high demand for condominium units in the downtown area. A copy of the full report is available upon request. Recommended Action: the Fourth Amendment to Contract for Sale, Purchase, and Approve Development Agreement with Block 77. ,.~ Submi~ed By: Diane ~lonna, Ex~utive Dir~ ~~ Meeting Date: March 25, 2004 Agenda Item: - Summary - Amendment to Contract- Block 77 Attached is a request by Michael Weiner on behalf of the Block 77 Development Group for an amendment to their contract with the CRA for the purchase of property for the Worthing Place project. Paragraph XIII. E. of the Addendum to the contract currently states the following: 1. Buyer shall construct and develop Two Hundred Nineteen (219) apartment units. 2. Buyer shall construct and develop not more than 18,000 rentable square feet of commercial and/or retail space. Worthing Place was originally proposed to be a rental apartment community. The Block 77 Group has been exploring the possibility of offering the units on a for-sale basis. For that reason they are proposing that the language in Paragraph XIII. E. be changed to read as follows: 1. Buyer shall construct and develop Two Hundred Nineteen (219) dwelling units. 2. Buyer shall construct and develop not more than eighteen thousand (18,000) rentable square feet of commercial and/or retail space. 3. For the purposes of this Agreement "dwelling units' means a unit for rent or a unit for sale, as part of a condominium, co-op or similar association. At the time that the contract for Worthing Place was approved it was felt that a project of this size would be more marketable as a rental project rather than as an owner-occupied development. In the years since, the South Flodda condominium market has proven to be quite strong, and new condominium projects are being proposed in downtowns throughout the region. The Block 77 Group would like to have the option of constructing an owner-occupied project. If the amendment is approved, they would have to provide a market study indicating the project's feasibility as a for-sale product. CRA attorney Robert Federspiel recommends in his memorandum to Mr. Weiner (copy attached) that at this time the item be considered for discussion only, so that the board may consider the inclusion of additional provisions regarding homeowner's documents. Recommended Action: Discuss the proposed amendment and provide direction. Submitted By: Diane Colonna, Executive Director FOURTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT THIS FOURTH AMENDMENT TO CONTRACT FOR SALE, PURCHASE AND DEVELOPMENT AGREEMENT ("Fourth Amendment") amending that certain Contract for Sale and Purchase dated January 11 2000, by and between DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "Seller," and BLOCK 77 DEVELOPMENT GROUP, L.C., hereinafter referred to as "Buyer," is made and entered into as of the date last executed by Buyer and Seller. WITNESSETH: WHEREAS, the parties have heretofore entered into that certain Contract for Sale, Purchase and Development ("Contract"), as amended by that certain Amendment dated the 12th day of December, 2002, (the "First Amendment"), as further amended by that certain Amendment dated the 27th day of February, 2003, (the "Second Amendment"), as further amended by that certain Amendment dated the 13th day of May, 2004, (the "Third Amendment"); and WHEREAS, the parties wish to further amend Paragraph XIII E in its entirety to allow the development to consist of dwelling units for rent or for sale; and WHEREAS, the parties desire to further provide that in the event such dwelling units are developed for sale as a part of a condominium, cooperative or similar association that the conveyance by the Seller shall contain a deed restriction expressly providing that the condominium, cooperative or association documentation and any amendments in the future adopted with respect thereto shall not prohibit or restrict the rental of such dwelling units, except to the extent of limiting such rentals to a maximum number of times per year and a minimum term for such rental which shall not be less than thirty (30) days; and WHEREAS, this Amendment shall be contingent upon the approval of the City of Delray Beach which is a third party beneficiary to the said Contract. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Paragraph XIIt E is hereby amended in its entirety to read as follows: XIII. E. The development of the Project shall be made subject to the following mandates and qualifications: 1. Buyer shall construct and develop not more than two hundred nineteen (219) dwelling units. 2. Buyer shall construct and develop not more than eighteen thousand (18,000) rentable square feet of commercial and/or retail space. 3. For the purposes of this Agreement "dwelling units" mean a unit for rent or a unit for sale, as part of a condominium, co- op or similar association. 2. The parties hereby agree that the deed of conveyance by the Seller shall contain a deed restriction running with the land to provide that the condominium, cooperative or association documentation and any amendments in the future adopted with respect thereto shall not prohibit or restrict the rental of such dwelling units, except to the extent of limiting such rentals to a maximum number of times per year and a minimum term for such rental which shall not be less than thirty (30) days. 3. This Amendment shall become effective upon approval of the City of Delray Beach as a third party beneficiary to the Contract. 4. In all other respects the Contract shall remain in full force and effect amended only to the extent above provided. IN WITNESS WHEREOF, the parties hereto have ex. geuted this Fourth Amendment to Contract for Sale, Purchase and Development this;~qU, day of .~-3rc.~O4~, 2004. SELLER: WITNESSES: DEL/LAY BEACH COMMUNITY ' REDEV O NT NCY ~_ ~... ~:~c~_~t- Print Title' · ~~r.x~ ~ I~__..~~.~,~-- '- Printed Name: BUYER: WITNESSES: BLOCK 77 DEVELOPMENT GROUP, L.C. By: Printed Name: Printed Name: Title:_ Printed Name: 2 O ADM., TR TiV E SERV IC M O{ DUM TO: David T. Harden, City Manager FROM: ~Robert A. Barcinski, Assistant City. Manager SUBJECT: AGENDA ITEM- CITY COMMISSION MEETING October 19m, 2004 APPROVAL AGREEMENT OF BELLSOUTH WINNING REWARDS PROGRAM DATE: October 12m, 2004 Action: City Commission is requested to approve a three (3) year agreement with BellSouth Telecommunications under their Winning Rewards Program. This offer is available to new and existing BellSouth Business service customers who bill between $75.00 and $25,000 in local billed monthly charges. This agreement will result in savings to the City in the amount of $105,190.20 over a Thirty-six (36) month term. Background: Attached is a copy of the proposed agreement with a recommendation from our Telecommunications Manager. Through this program BellSouth Business is offering a cost savings award to existing and new BellSouth Business customers. Savings are based on the term selected. Example: for a 12 month term the City would receive a 5% saving, 24 months a 10% savings, and for 36 months a 15% savings for each qualifying line. Attached is a comparison by term of thc savings. Lines eligible for the program at this time are certain Police department lines, MegaLink circuits (radio circuits), Lakevicw Golf course, City Centrex lines and TicketMaster lines. All thc eligible lines arc listed on thc comparison worksheet. Recommendation: Staff recommends approval of the Winning Rewards Program 36 month term which results in a monthly savings of $2,921.95 and an annual savings of $105,190.20. Savings will be reflected 60 days after signing of the agreement. RAB:ags Attachment File: Allen:RAB Doc: Rewards Program BellSouth.doc O AD! I ISTR TIV SE RVICE. TO: Robert A. Barcinski, Assistant Ci~T Manager FROM: ~' Amanda Solomon, Telecommunications Systems Manager SUBJECT: Recommendations for Reduction of Communications Cost DATE: October 12~, 2004 BellSouth is offering a Winning Rewards Promotion that the City can take advantage of on some of our telephone lines. I have attached a summary of proposed savings. To take advantage of these savings, the City would have to extend the current agreements that we have with them. The terms they have offered to extend the service agreements are 12, 24 and 36 months. The amount of savings increases with the length of the term chosen. Example: 12 months is 5%, 24 months is 10% and 36 months would be 15%. The qualifying lines are included on the worksheet by department. If we choose the 12 month agreement, the total annual savings would be S13,387.80. 24 months would be $48,451.20, and 36 months would be $105,190.20. Once we have agreed to extend our service agreements, it takes 60 days before the savings will take effect. I am recommending that we go with the 36 month commitment. Savings can increase or decrease if additional services are added or cancelled. Mr. Harden and Susan Ruby have already reviewed the agreements which are attached. The next step is to go to Commission for approval. :ags Attachment File: Allen/RAB Doc: Communications Cost Reduction October 12 2004 [ITY OF DELRflY BEI:I[H CiTY MANAGE.P, crrY I'r'roRNEY'S OFFICE 200 ~w is, ^¥EN~.'E. '~'EL'~^'.' .E^,~H, .LO.,.^ 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~J.w,ica City MEMORANDUM DATE: August 31,2004 1993 2001 TO: David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Bellsouth Winnin.q Rewards Term A.qreement I have reviewed the agreement and find it acceptable as to legal sufficiency and form. I would suggest it be approved by the City Commission because the termination provision provides for the City to pay back the discounts received, if the City terminates before the contract is complete. I do have a question as to what the City's total award is as the chad on the last page and the chart on the first page of the contract appear to be different. It appears that the 36 month chad on the first page states the award is not to exceed $3,750 a month, and yet the chad at the back has greater annual rewards. Which one is correct? If additional sweeteners are added then the contract provides that separate agreements are necessary. Cc: Robed A. Barcinski, Assistant City Manager Amanda Solomon, Telecommunications Manager BellSouth® Business Winning Rewards Promotion(SM) Term Agreement The undersigned Customer desires to participate in the BellSouth® Business Winning Rewards Promotion (the "Promotion") and agrees to the following: 1. The Promotion is available to new and existing BellSouth Telecommunications, Inc. ("BellSouth") business service customers who bill between $75 and $25,000 in total billed monthly charges (excluding those charges identified below)* for the BellSouth regulated services under this Promotion as identified by the list of Billed Telephone Numbers (BTNs) on the attached Enrollment Form ("Customer Monthly Billed Revenue"), and who agree to a twelve (12), twenty-four (24), or thirty-six (36)-month term. Customer's Monthly Billed Revenue must total $75 or more in any given month to be eligible for rewards under this Promotion. * The total eligible revenue consists of all total billed BellSouth charges (recurring, non-recurring and usage) for the regulated services under this Promotion, excluding those associated with hunting services, any other BellSouth program or promotion or CSA, taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and charges collected on behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service). 2. In addition, customers who order Qualifying Services for the term of this Agreement will receive a waiver of installation charges and a waiver of one month of recurring charges for each Qualifying Service ordered at the time this Agreement is executed. "Qualifying Services" are defined as 1FBs, PBX Trunks, BellSouth® Centrex Services, BellSouth® Megalink Service, BellSouth® Primary Rate ISDN, BellSouth® Frame Relay Service, hunting services, and Custom Calling Features, that are not currently being subscribed to or are not subject to a Contract Service Arrangement or other program or promotion and that are ordered at the time this Agreement is executed by Customer. Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs. Customer is not ordering Qualifying Services to which this provision would apply. 3. The term of this Agreement shall begin from the Enrollment Date, which shall be determined by the first billing cycle in which the reward is calculated following the date on which Customer signs this Agreement. 4. Customer hereby enrolls in the Promotion and will receive the monthly rewards, in accordance with the schedule set forth below. The monthly rewards will be applied as a monthly credit in the OC&C section of the BellSouth bill to Customer Monthly Billed Revenues between $75 and $25,000. 5. Customer agrees to the following term and reward schedule (Please check one): Customer Monthly r-ITwelve (12) Month Term ['-ITwenty-Four (24) Month I~Thirty-six (36) Month Billed Revenue Term Term Installation Charges Waived* Installation Charges Waived* Installation Charges Waived* Minimum $75 Maximum $25,000 5% Monthly Reward 10% Monthly Reward 15% Monthly Reward (Not to Exceed $1,250 (Not to Exceed $2,500 (Not to Exceed $3,750 per month) per month) per month ) 50% Monthly Reward on 75% Monthly Reward on 100% Monthly Reward on Hunting Hunting Hunting * Applicable only to Qualifying Services ordered at the time of execution of this Agreement, or ordered during the promotional period by Customers who have 12 months or more remaining on their Promotion Term Agreement. This offer expires on December 31, 2004. CUSTOMERS WHO SIGN UP FOR THIS PROMOTION ARE ALSO ELIGIBLE FOR SPECIAL SWEETENERS ON THE FOLLOWING SERVICES: BellSouth~ Long Distance Services provided by BellSouth® Long Distance, Inc. · BellSouth® Fast Access® Business DSL Service · BellSouth® Dedicated Intemet Access · Cingular ® Wireless Each of these four (4) services will require a separate contract. Page I of 4 Private/Propdetary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package iD 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 ~ · 6. Applicable taxes and fees will be based on the full retail pdce of all products and services that are billed. No taxes or fees will be added to the monthly reward amounts given under this Promotion. 7. Should Customer terminate this Agreement or all services with BellSouth covered by this Promotion prior to the expiration of the selected term, Customer must reimburse BellSouth for all rewards received prior to the date of such termination (except in Tennessee). These charges will appear on Customer's final bill as a charge in the OC&C section. The application of the charges pursuant to this section shall not affect the application of applicable termination charges pursuant to the tariff or any other agreement. 8. For service provided in Tennessee, should Customer terminate this tadff term plan without cause prior to the expiration of this term plan, Customer shall pay a termination charge as specified in BellSouth tariffs (Section A2o4.10.E.1 and B2.4.9.A.4, available at http://cpr.bellsouth.com/pdf/tn/tn.htm). 9. When services are being provided to a governmental entity and funding for such services becomes unavailable, Customer may cancel the services without additional payment obligation; provided, however, that if Customer cancels the services for any reason other than the unavailability of funds, the early termination liability provisions above shall apply 10. This agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs. CUSTOMER: City of Delray Beach BELLSOUTH TELECOMMUNICATIONS By: By: Bellsouth Business Systems, Inc. Print Name: By: Title: Print Name: Date: Title: Business Address: Date: City/State: Business Phone: Page 2 of 4 Privata/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package iD 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 BellSouth ® FastAccess ~ Business DSL Term Agreement Fast Access Business DSL Sweetener The undersigned Subscriber who has signed a 24 or 36 month BellSouth Winning Rewards contract desires to participate in the BellSouth FastAccess Business DSL Sweetener for new FastAccess Business DSL service for the same term and agrees to the following: 1. Subscriber agrees to the following term and discount: Check ~;erm Minimu~ # of FastAccess FastAccess Monthly Accounts Ordered Term Discount [] One (1) Twenty-four (24) months $20.00 [] One (1) Thirty-six (36) months $30.00 2. Subscriber agrees to maintain BellSouth FastAccess Business DSL Service ('FastAccess') at the current location and phone number for FastAccess term from the date of receipt of the modem, router or self-install kit (self-installation customers) or after installation (professional installation customers); and further agrees to pay all charges in connection therewith in a timely manner and to comply with the terms and conditions in BellSouth's Interact Service Agreement and Acceptable Use Policy, which subscriber will be required to accept at the time of installation. 3. To be eligible for the discount set forth above, FastAccess must be on a BellSouth voice line. Discounts will be reflected in the rate charged for FastAccess on your BellSouth bill. 4. In the event the Subscriber terminates the term agreement, discontinues BellSouth voice on the FastAeeess account, fails to pay all FastAccess charges in a timely manner or violates the terms of the BellSouth Internet Service Agreement or Acceptable Use Policy, the Subscriber must pay to BellSouth a charge of $20.00 per month multiplied by the number of months remaining on such agreed upon term. In addition, the Subscriber shall reimburse all rewards for FastAccess connection charges, installation and equipment, if applicable. Subscriber is still responsible for any local service term election agreements signed. Subscribers that are unable to activate due to reasons attributable to the BellSouth network, or that do not agree to the terms and conditions in BellSouth's Internet Service Agreement and Acceptable Use Policy are not liable for termination charges. Termination charges will appear on the Subscriber's final bill as a charge in the OC&C section. 5. In the event Subscriber changes service locations, Subscriber shall notify its BellSouth Business Office to advise of the change in service location. In the event the new location is not qualified for FastAccess, Subscriber will not be obligated to pay the termination charge set forth above. Additional FastAccess accounts for the same term may be added to this agreement within 90 days of contract signature. 6. Subscriber may make upgrades or downgrades among FastAccess services without incurring any termination charges. Subscriber may also upgrade to BellSouth Dedicated Internet Access, Managed Network VPN, and BellSouth Integrated Services T1 products without incurring any termination charge if subscriber signs a new agreement for a minimum 12-month term. 7. Provision of FastAccess by BellSouth is subject to BellSouth credit and other approvals. Following execution of this Agreement, if it is determined that: (i) the initial credit approval was based on inaccurate or incomplete information; or (ii) the customer's creditworthiness has significantly decreased, BellSouth in its sole discretion reserves the right to cancel the provisions of FastAccess without liability or suspend FastAccess until accurate and appropriate credit approval requirements are established and accepted by Customer SUBSCRIBER: City of Delray Beach (Business Name) (Business Address) By: Signature City I State Print Name Zip Code Print Title Additional Business telephone Number(s)) Date BellSouth PHmary E-Mail Address Version 2.2.05 Page 3 of 4 PrivateJPropdetary May not be used or disclosed outside the BellSouth companies, except pursuant to a wdtten agreement Siebel Opportunity ID Contract Package Name Contract Package ID 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCS-19850-21 BellSouth ® FastAccess ® Business DSL Sweetener Term Agreement "CUSTOMER DETAIL SHEET" Customer: Please verify first column by initialing at bottom of page. Copy of completed Customer Detail Sheet must be sent by account team with contract to Contracts Management every time a new account is added to the contract. Please retain a copy for additions. List Prequalified BellSouth Business List BellSouth.net E-Mail Addresses Date New Telephone Numbers FastAccess CSA will email these to account team after Business DSL Once the signed contract is received from orders are entered. These must be recorded Orders Entered the customer, the account team must before this page and the signed contract are provide these telephone numbers to sent to Contracts Management. Customer Care via a BellSouth Works package FastAccess Business DSL form. FastAccess DSL Sweetener for 24 or 36 month term must be checked. Master Customer Identifier: (must be included by account team for customers with a BellSouth Master Services Agreement who expect coterminous expiration dates) Customer initials acknowledge that above information is correct. Page 4 of 4 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a wdtten agreement Siebel Opportunity ID Contract Package Name Contract Package ID 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCS-19850-21 BellSouth® Business Winning Rewards Promotion(SM) Term Agreement The undersigned Customer desires to participate in the BellSouth® Business Winning Rewards Promotion (the "Promotion") and agrees to the following: 1. The Promotion is available to new and existing BellSouth Telecommunications, Inc. ("BellSouth") business service customers who bill between $75 and $25,000 in total billed monthly charges (excluding those charges identified below)* for the BellSouth regulated services under this Promotion as identified by the list of Billed Telephone Numbers (BTNs) on the attached Enrollment Form ("Customer Monthly Billed Revenue"), and who agree to a twelve (12), twenty-four (24), or thirty-six (36)-month term. Customer's Monthly Billed Revenue must total $75 or more in any given month to be eligible for rewards under this Promotion. * The total eligible revenue consists of all total billed BellSouth charges (recurring, non-recurring and usage) for the regulated services under this Promotion, excluding those associated with hunting services, any other BellSouth program or promotion or CSA, taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and charges collected on behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service). 2. In addition, customers who order Qualifying Services for the term of this Agreement will receive a waiver of installation charges and a waiver of one month of recurring charges for each Qualifying Service ordered at the time this Agreement is executed. "Qualifying Services" are defined as 1FBs, PBX Trunks, BellSouth® Centrex Services, BellSouth® Megalink Service, BellSouth® Primary Rate ISDN, BellSouth® Frame Relay Service, hunting services, and Custom Calling Features, that are not currently being subscribed to or are not subject to a Contract Service Arrangement or other program or promotion and that are ordered at the time this Agreement is executed by Customer. Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs. Customer is not ordering Qualifying Services to which this provision would apply. 3. The term of this Agreement shall begin from the Enrollment Date, which shall be determined by the first billing cycle in which the reward is calculated following the date on which Customer signs this Agreement. 4. Customer hereby enrolls in the Promotion and will receive the monthly rewards, in accordance with the schedule set forth below. The monthly rewards will be applied as a monthly credit in the OC&C section of the BellSouth bill to Customer Monthly Billed Revenues between $75 and $25,000. 5. Customer agrees to the following term and reward schedule (Please check one): ~]Thirty-six (36) Month CustomerBilled RevenueM°nthly [-ITwelve (12) Month Term Term[--ITwenty'F°ur (24) Month I Term Installation Charges Waived* Installation Charges Waived* Installation Charges Waived* Minimum $75 Maximum $25,000 5% Monthly Reward 10% Monthly Reward 15% Monthly Reward (Not to Exceed $1,250 (Not to Exceed $2,500 (Not to Exceed $3,750 per month) per month) per month ) 50% Monthly Reward on 75% Monthly Reward on 100% Monthly Reward on Hunting Hunting Hunting * Applicable only to Qualifying Services ordered at the time of execution of this Agreement, or ordered during the promotional period by Customers who have 12 months or more remaining on their Promotion Term Agreement. This offer expires on December 31, 2004. CUSTOMERS WHO SIGN UP FOR THIS PROMOTION ARE ALSO ELIGIBLE FOR SPECIAL SWEETENERS ON THE FOLLOWING SERVICES: · BellSouth® Long Distance Services provided by BellSouth® Long Distance, Inc. · BellSouth® Fast Access® Business DSL Service · BellSouth® Dedicated Internet Access · Cingular ® Wireless Each of these four (4) services will require a separate contract. Page I of 4 Private/Propdetar~ May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package ID 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 BellSouth® Business Winning Rewards Promotion(SM) Term Agreement The undersigned Customer desires to participate in the BellSouth® Business Winning Rewards Promotion (the "Promotion') and agrees to the following: 1. The Promotion is available to new and existing BellSouth Telecommunications, Inc. ("BellSouth") business service customers who bill between $75 and $25,000 in total billed monthly charges (excluding those charges identified below)* for the BellSouth regulated services under this Promotion as identified by the list of Billed Telephone Numbers (BTNs) on the attached Enrollment Form ("Customer Monthly Billed Revenue~), and who agree to a twelve (12), twenty-four (24), or thirty-six (36)-month term. Customer's Monthly Billed Revenue must total $75 or more in any given month to be eligible for rewards under this Promotion. * The total eligible revenue consists of all total billed BellSouth charges (recurring, non-recurring and usage) for the regulated services under this Promotion, excluding those associated with hunting services, any other BellSouth program or promotion or CSA, taxes, late payment charges, charges billed pursuant to Federal or State Access Service Tariffs, and charges collected on behalf of municipalities (including, but not limited to surcharges for 911 service and dual party relay service). 2. In addition, customers who order Qualifying Services for the term of this Agreement will receive a waiver of installation charges and a waiver of one month of recurring charges for each Qualifying Service ordered at the time this Agreement is executed. "Qualifying Services" are defined as 1FBs, PBX Trunks, BellSouth® Centrex Services, BellSouth® Megalink Service, BellSouth® Primary Rate ISDN, BellSouth® Frame Relay Service, hunting services, and Custom Calling Features, that are not currently being subscribed to or are not subject to a Contract Service Arrangement or other program or promotion and that are ordered at the time this Agreement is executed by Customer. Qualifying Services will be provisioned pursuant to the terms and conditions set forth in the Company's lawfully filed tariffs. Customer is not ordering Qualifying Services to which this provision would apply. 3. The term of this Agreement shall begin from the Enrollment Date, which shall be determined by the first billing cycle in which the reward is calculated following the date on which Customer signs this Agreement. 4. Customer hereby enrolls in the Promotion and will receive the monthly rewards, in accordance with the schedule set forth below. The monthly rewards will be applied as a monthly credit in the OC&C section of the BellSouth bill to Customer Monthly Billed Revenues between $75 and $25,000. 5. Customer agrees to the following term and reward schedule (Please check one): Customer Monthly l'-ITwelve (12) Month Term [-ITwenty-Four (24) Month I~Thirty-six (36) Month Billed Revenue Term Term Installation Charges Waived* Installation Charges Waived* Installation Charges Waived* Minimum $75 Maximum $25,000 5% Monthly Reward 10% Monthly Reward 15% Monthly Reward (Not to Exceed $1,250 (Not to Exceed $2,500 (Not to Exceed $3,750 per month) per month) per month ) 50% Monthly Reward on 75% Monthly Reward on 100% Monthly Reward on Hunting Hunting Hunting * Applicable only to Qualifying Services ordered at the time of execution of this Agreement, or ordered during the promotional period by Customers who have 12 months or more remaining on their Promotion Term Agreement. This offer expires on December 31, 2004. CUSTOMERS WHO SIGN UP FOR THIS PROMOTION ARE ALSO ELIGIBLE FOR SPECIAL SWEETENERS ON THE FOLLOWING SERVICES: . BellSouth® Long Distance Services provided by BellSouth® Long Distance, Inc. . BellSouth® Fast Access® Business DSL Service · BellSouth~ Dedicated Internet Access · Cingular ® Wireless Each of these four (4) services will require a separate contract. Page 1 of 4 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package ID I-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 6. Applicable. taxes and fees will be based on the full retail price of all products and services that are billed. No taxes or fees will be added to the monthly reward amounts given under this Promotion. 7. Should Customer terminate this Agreement or all services with BellSouth covered by this Promotion prior to the expiration of the selected term, Customer must reimburse BellSouth for all rewards received prior to the date of such termination (except in Tennessee). These charges will appear on Customer's final bill as a charge in the OC&C section. The application of the charges pursuant to this section shall not affect the application of applicable termination charges pursuant to the tadff or any other agreement. 8. For service provided in Tennessee, should Customer terminate this tariff term plan without cause prior to the expiration of this term plan, Customer shall pay a termination charge as specified in BellSouth tariffs (Section A2.4.10.E.1 and B2.4.9.A.4, available at http:flcpr.bellsouth.com/pdf/tn/tn, htm ). 9. When services are being provided to a govemmental entity and funding for such services becomes unavailable, Customer may cancel the services without additional payment obligation; provided, however, that if Customer cancels the services for any reason other than the unavailability of funds, the early termination liability provisions above shall apply 10. This agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs. CUSTOMER: City of Delray Beach BELLSOUTH TELECOMMUNICATIONS By: By: Bellsouth Business Systems, Inc. Pdnt Name: By: Title: Pdnt Name: Date: Title: Business Address: Date: City/State: Business Phone: Page 2 of 4 PdvateJPropdetary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package ID 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 6. Applicabl(~taxes and fees will be based on the full retail price of all products and services that are billed. No taxes or fees will be added to the monthly reward amounts given under this Promotion. 7. Should Customer terminate this Agreement or all services with BellSouth covered by this Promotion prior to the expiration of the selected term, Customer must reimburse BellSouth for all rewards received prior to the date of such termination (except in Tennessee). These charges will appear on Customer's final bill as a charge in the OC&C section. The application of the charges pursuant to this section shall not affect the application of applicable termination charges pursuant to the tariff or any other agreement. 8. For service provided in Tennessee, should Customer terminate this tariff term plan without cause prior to the expiration of this term plan, Customer shall pay a termination charge as specified in BellSouth tariffs (Section A2.4.10.E.1 and B2.4.9.A.4, available at http://cpr.bellsouth.corn/pdf/tn/tn.htm ). 9. When services are being provided to a governmental entity and funding for such services becomes unavailable, Customer may cancel the services without additional payment obligation; provided, however, that if Customer cancels the services for any reason other than the unavailability of funds, the early termination liability provisions above shall apply 10. This agreement is subject to and controlled by the provisions of BellSouth's lawfully filed tariffs, including any changes therein as may be made from time to time. Other restrictions may apply pursuant to the tariffs. CUSTOMER: C~ty of Detray Beach BELLSOUTH TELECOMMUNICATIONS By: By: Bellsouth Business Systems, inc. Print Name: By: Title: Print Name: Date: Title: Business Address: Date: City/State: Business Phone: Page 2 of 4 Private/Proprietary May not be used or disclosed outside the BellSouth companies, except pursuant to a written agreement Siebel Opportunity ID Contract Package Name Contract Package ID 1-3JRY2Y 25269-BBWR with DSL Delray Beach CCP-19850-56 City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager ~obe~ A. Barcinski, Assistant City Manager FROM: SUBJECT: Agenda Item - City Commission Meeting, October 19, 2004 Consideration Terms and Conditions Special Event Contract - Cari-Fiesta DATE: October 15, 2004 Action City Commission is requested to consider a proposal for a Cari-Fiesta event requested to be held on January 14 and 15, 2005 at the Tennis Center and to provide staff direction on terms and conditions for a contract. Background Attached is a letter, permit application, draft budget and site plan with additional information received from Nancy Stewart on behalf of Carl-Fiesta: a not-for-profit corporation. The event is proposed to be held on January 15 and 16, 2005 from 11:00 A.M. to 9:00 P.M. at the Tennis Center. The event is a festival featuring local artists catering to the Anglo, Haitian, Caribbean and Latin communities. Activities include live entertainment, retail, food and beverage vendors, kids rides, make-up artists and a parade. The event sponsor is proposing to setup on January 13th and in addition to the stadium and grounds is proposing to utilize the gym and locker rooms in the Community Center. They are also proposing to utilize the courtyard at the Tennis Center on January 8th from 5:00 P.M.-8:00 P.M. for a VIP party. The event sponsors expect approximately 10,000 people to attend the event over the two days. The event sponsor is proposing to provide the following to the City: · Introduce the downtown area to new visitors. · Promote the City throughout the Caribbean community. Cad-Fiesta will provide and erect a 20' X 20' tent for the City to promote itself. · Provide 2 tables and 4 chairs for the tent. · Mention the City in all of its advertising. · Give the City the Title Sponsorship (a $75,000.00 value). · Give the City 50 admission passes for each day. · Give the City 25 free parking passes. · Give the City a prominent location on site to hang a banner. · Give the City prime parade slots for police and fire/rescue. · Give the City 100% of the parking revenue profits. · Give the City 5% of the admissions revenue, including ticket sales. · Give local contractors as much business as possible. · Use a Delray Beach bank for all financial needs. · Provide event management. · Provide parking lot management services at cost. The sponsor is requesting the following from the City at no charges: · Two golf carts from January 14 - 16, 2005. · The Tennis Center grounds and stadium. · Electricity and an electrician at the Tennis Center. · Directional and promotional signs. · Water and sewer service and hookups at the Tennis Center. · Police services for the entire event. · Fire and rescue services for the entire event. · If the City has a discounted hotel rate, we would like to avail ourselves to its use. · Street clean-up (not the venue). · Barricades and cones. · Barricade the streets for the parade route. · Use of three pick up trucks and drivers for the parade. · The City stage (40' X 40') and floor covering/stadium court. · Trash cans as needed. · Bleachers for a parade reviewing stand. · If necessary, cover the stadium court for the stage and seating. · Flooring for courts 1 and 5 for food and vendor set-up. · Use of Community Center Rooms (Gym and Locker Rooms) · Clean-up services for site. Attached is a revenue and expense estimate for the City based on the above proposal. Recommendation Staff recommends consideration of the proposal, but only recommend waiver of the site rental costs and facility fee and no more than 40% of staff overtime costs. ATTACHMENT A Revenue/Expense Estimate Cari-Fiesta Revenue To Cit~: Ticket Sales: 10,000 x $20 x .05 $ 5,000 Net Parking Revenues $10,000 Total $15,000 Ci,ty Expenses: Waiver Site Rental: 2 x $3,000 $ 6,000 Facility Fee: $1.50 per ticket 15,000 2 Golf Carts (from Course) 0 Utilities (electric, water, sewer) 1,000 Directional and Promotional Signs 500 Water and Sewer hookups 1,000 Police Overtime 11,800 Fire Rescue Overtime 2,700 Public Works Overtime 500 Parks and Recreation Overtime (Bleacher Set-up and Street Clean-up) 320 City Electrician 250 Stage and Floor Covering Stadium 2,500 Floor Covering Rental and Set-up Courts 1 and 5 7,500 Management Company Admin. Fee 1,000 Trash/Boxes and Liners 0 Pick up Track Use & Drivers 275 Barricade and Cover Rental 100 Pre and Post Site Clean Up 1 ~750 Total Costs $52,195 (a non profit corporation) 2419 Hollywood Boulevard - Suite C Hollywood, FL 33020-6605 August 22, 2004 Mr. Bob Barcinski City of Delray Beach : ECE VED 100 N.W. I Avenue Delray Beach, FL 33~.~.~. AUG ~2 5 200~1 ASSi5 REF: Cad-Fiesta Event Approval Request CITY MANAG ER Deer Bob, The 1=~ Annual City of Delray Beach Cad-Fiesta is requesting a temporary Use Permit for the Tennis Center. We are requesting use of the Tennis Center beginning Thursday, January 13th through Sunday, January 16th, 2005. We are proposing that the City of Delray be named as Title Sponsor and in exchange are offering 100% of parking revenues and 5% of gate I admission fees. We also request use of the Tennis Center on Saturday, January 8m, 2005 for the Cad-Fiesta Glow Party (kick-off party for Cad-Fiesta). We will be utilizing the courtyard (5:00 - 8:00 pm) for the party and expect approximately 500-1,000 attendees. There will be a $60 admission fee to the kick-off party and guests will pay at the gate. Food and entertainment are provided with admission fee (cash bar). This festival will be a gated event with an admission fee of $20 per person. Event dates arc Saturday, January 15th (11:00 am to 11:00 pm) and Sunday, January 16~ (11:00 am to 9:00 pm). In addition a parade will be conducted. Proposed route would be beginning in the alley along railroad tracks, travel West on Atlantic to Swinton, then North to 1s~ Street. At 1st Street the parade would continue West to NW 1st Avenue and make a left heading to the front of the community center. Patrons would then be dropped at the main gate to enter the event. We are requesting that the following area be barricaded at locations outlined below: 1 ) North side of City Hall as free parking area for patrons of event, along with signage directing them to lot (paved and grass area on East side) 2) Boy Scout lot (Lake Ida & 10th) 3) CRA lot behind Dunkin' Donuts 4) Court House Parking Garage We are also requesting approval for the following: 1) Siana_cte Request: a) Waiver of event signage timing lifted in order to display signage 2 weeks prior to event. b) Installation of banners on Atlantic Ave. (use of lamp posts for signage display), signage on Federal Highway North of Linton, Federal High North of George Bush Blvd., W. Atlantic Avenue East of 195 and Linton Blvd. East of 1-95. c) Event & Parking Signage in appropriate areas (to be determined once parking is secured). 2) Installation and production of necessary signage throughout the City as listed in #1. 3) Clean-up services (during & after event) and usage of adjacent dumpsters (Coordinating w/Parks & Rec). 4) Usage of lights & electricity at Tennis Center. 5) Temporary shut down of sprinklers in festival area. 6) Waiver to permit alcoholic beverage consumption on festival grounds. 7) Waiver of noise ordinance for music. 8) Provide Police coveragelsecudty and Fire Department Rescue and First Aid. 9) Use of community center (use as dressing rooms), Clubhouse (VIP Hospitality Area) and restrooms inside gymnasium. Cad-Fiesta City Reg Lb' 2005 Carl-Fiesta Event Request (Page 2) 10) City Electrician 11) Use of 2 golf carts 12) Water service to temporary kitchen 13) Covedng of tennis courts 14) City stage 15) 3 Pick-up trucks with ddvers (for parade; pull floats) Proposed parking for the festival will be at the Court House (pending approval) along with North side of City Hall parking lot and CRA lot behind Dunkin' Donuts, City Hall and Boy Scout lot. The event is requesting these items to be added to the agenda of the September 7a, 2004 meeting of the City Commission. Should you have any questions, please contact me at 274-4663. Thank you for your consideration and support! Sincerely, Nancy Stewart Cad-Fiesta Committee Carl-Fiesta City Reg Ltr 2OO5 The City of Delray Beach Carl-Fiesta (PROPOSED/PROJECTED INCOME AND EXPENSES) ADMIN AND OFFICE EXPENSE 15,500.00 ADMISSIONS & BOX OFFICE 1,200.00 SECURITY / POLICE / FIRE / MEDICAL 4,000.00 ELECTRICAL 1,500.00 DECORATING 5,500.00 FOOD / BEVERAGE 25,000.00 INSURANCE 4,500.00 ENTERTAINMENT 30,000.00 SOUND 2,000.00 LIGHTING 2,000.00 ELECTRICAL 2,000.00 MISCELLANEOUS 5,000.00 PAYROLL 2,500.00 GROUND RENTAL 0 TECHNICIANS 0 TENTS 20,000.00 ADVERTISING 50,000.00 PRINTING 3,000.00 GRAPHIC DESIGN 4,675.00 TOTAL BUDGET $178,375.00 2005 PROPOSED INCOME AMOUNT SPONSORSHIP 17,500.00 FOOD VENDORS 5,000 FOOD % (estimated) 8,750.00 BEERANINE 4,000.00 ADMISSIONS 180,000.00 CRAFT VENDOR SALES 22,500.00 GRANTS (CRA / DDA) 1,000.00 TOTAL BUDGET $178,375.00 ITEMIZED EXPENSE CATEGORIES CONTRACT LABOR DESIGN FEES OFFICE RENT (SEPT - DEC) OFFICE UTILITIES (SEPT - DEC) TELEPHONE ($125 MO AVG) OCCUPATIONAL LICENSE ADMISSION TICKETS MISCELLANEOUS BOX OFFICE EQUIPMENT BOX OFFICE SIGNS BOX OFFICE AND ADMISSIONS SUPERVISOR MONEY ROOM PERSONNEL START UP BANK DAILY CLEANING OF PORTABLE TOILETS PORTABLE GENERATORS FUEL FOR GENERATORS PORTABLE LIGHT TOWERS FUEL FOR PORTABLE LIGHT TOWERS MISCELLANEOUS WIRE AND SUPPLIES (25) 10' X 1(7 CLEAR SPAN TENTS (100) TABLES, (400) CHAIRS, LIGHTING COVERED TABLES AND CHAIRS FOR PATRON DINING ON-SITE DIRECTIONAL & INFO SIGNS SlGNAGE BEER WINE GOURMET ALLEY FOOD RUM RUNNER MACHINES TRASH CONTAINERS 40 YARD TRASH CONTAINERS CLEANING CONTRACT PLASTIC BAGS GENERAL LIABILITY WORKERS COMPENSATION RAIN INSURANCE FOOD AND BEVERAGE FOR ENTERTAINERS ENTERTAINMENT/MUSIC OFFICE SUPPLIES VENDORS AND SPONSORS CONTRACTS PRINTING) TWO WAY RADIO RENTAL TELEPHONES I COPY MACHINE / FAX MACHINE RENTALS) HOTEL ACCOMMODATIONS FOR SOME STAFF GOLF CART RENTALS FACILITY RENT COOKING EQUIPMENT TV/RADIO ADVERTISING) CASH PRIZES CONTEST OFFICE PERSONNEL (14 DAYS) OPERATIONS PERSONNEL {4 DAYS) City of Delray Beach Speci~ Event Pemit Application PLE.~E ~PE OR P~NT Event Sponsor/Product: ~aCl- ~ tSr~ Event Conmc~C~rdina~r: ~ CM Name: ~~ Address: [o ~ {3~ ~[-. '~ic~. ~t~ Telephone Numbe~ ~t-~q;~~ellular Number: E-mail Address: ~¢~~ ~.~t~ Event DescdptioniPu ~se: Sponsor Cate;ory (please check)Clty~Bion-Proflt/Chadtabl~rivate Co-Sponsor- Non-Profit/Private (if Non.prom ~.ch proof of sotc(s) or (~0) 0 Event Location (Describe ama boundaries of event/location): Site plan attached yes no [$~ plan required for entire event site) Event budget attached yes 0(, no (Required for ell events) Serving or selling alcoholic beverages yes ~. no (If yes, copy of license and alcohol liability insuren(;e required two (2) weeks prior to event) 1 gO0~ EOIEEO 6~I119¥~ J~I3 66T~tlT9~ r~'& Of:gl t00g/0T/~0 Event certificate of insurance attached yes no (Required two (2) weeks prior to event naming ~ City as additional insured, also required for vendors) Playing of amplified music yes no (Waiver required) Requesting Police assistance yes no (traffic ~ontrOI/Secudty) Will supplement with private security yes )/" no (If yes, nccd plan affached) Requesting Emergency Medical assistance yes ~L no Requesting barricacle assistance yes no Requesting trash removal/clean up assistance yes Requesting trash boxes and liners yes. ,~ no Requesting stage use yes ~' no (Eyes, check type) Large stage covered [] Large stage no cover ~ Small etage Halfemall stage r- ~ T'~_.c~ Requesting signage Type: Event sign ~.~ Directional siY;nSs-'-~ no, Banner hanging indicate dates required (Waiver required if more than one (1~ week prior to event) Food and beverage vendors yes ~, no If yes, approximate number Health Department approval yes .._~z. no Other vendors yes ~ no Tents yes no (If ye.s, tent permits end fire inspections maybe needed) Will the event include amusement tides yes.__ no (If yes, type and location and copy of liability insurance required) Will the event be gated yes no (Show on-site map) -I-~ Will there be fireworks or other pyrotechnics yes no (If yes, contact Fire Marshall) Will there be cooking with compressed gas yes no (If yes, contact/=ire Marshall) Will you be providing port-a-lets for the event yes. ~" no (If yes, locate on,site map. If no, indicate how you will handle restroom needs) Will there be a charge for the event yes no (If yes, indicate ticket prices) ~(~J Is reserved parking requested yes ~ no (If yes, indicate locations) Event ContractorlCoordin~3to r 'Dat~ ' Please print: J~Jo.-~..Jt ~ Please enclose ff~e appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 'ist Avenue, Deiray Beach, Florida 33444. For Staff Use Date Received~ Application fee received $ Site map_~~ ~uO~t. ~ Certificate of insurance Hold Harmless agreement .,~ ~ Security plan Waiver alcoholic beverage_ ° Railroad approval Coast Guard approval 501c(3) or (d) certificate or letter Health Department approval Fire Inspe~or approval Police Department approval. Public Works approval Parks and Recreation approval City Commission approval ATLANTIC AVENUE ~SINK&WA~R. ~ ) - I '. ' ~ i I-~ I i - PROPOSAI !.' A NOT FOR PRO~T CO.OPTION JANUARY q 5 & 16, 2005 ~ ~.~: ~:~-~::.~ ~' ~ '-~ ~.~* PRESENTED TO THE Cl~ OF DEL~Y BEACH ~ ~ ~ ~:-~ ~,~i~~ ,..~ ";~ THE CARl-FIESTA COMMI~EE ~~ 3~~~ .o~[~woo~, ~ ~o~o-~6o~ ~ lfik: 5~ .7~8.0030 INDEX P~E PROCED~S ~ P~ING PR~D~S 3 PR~TIONS 4 ~T ~-FIESTA WI~.T~ ~ ~R T~ CITY OF DE~Y B~CH 5 ~T ~I-FIESTA ~S ~ T~ CITY OF DE~Y B~CH 6 ~ FACTS 7 S~NSO~HIPS 8 S~NSO~HIP HIGglGHTS 9 TIT~ S~NSO~HIP 10 P~S~ING S~NSO~HIP 11 P~E S~NSO~HIP 12 STA~ S~NSO~HIP 13 ~~ ACT - ~~AY, ~~Y 15, 2005 O~Y 14 ~~ ACT - S~AY, ~~Y 16, 2005 O~Y 15 KIDZ ZO~ 16 BE~ S~NSO~HIP 17 ~P ~ S~NSO~HIP 18 T-SHIRT S~NSO~HIP 19 ~HICT.~ S~NSO~HIP 20 ~MISSION TIC~T S~NSO~HIP 21 S~NSO~HIP ACCEPT~CE 22 B~GET 23 MEMBERS OF THE DEL~Y B~CH CARl-FIESTA COMMI~EE: SEL~N LEWIS .............................................................. 25 GORDON ~IN ............................................................. 28 CANINE DESENA ............................................................ 29 ~THRYN D'~CY ............................................................ 30 NANCY STEW~T ~ ~ ~ ~ ~ ~ .................................. 32 DELRAY BEACH CARl-FIESTA SYNOPSIS Carnival (a Caribbean Mardi Gras) is the most tradional event of the Caribbean culture, a refinement of the traditional West Indian style Carnival presentation. The Delray Beach Carl-Fiesta (a not for profit or_.gan~ization) will be a spectacle of pageantry, color and fantasy, ~epicted through a kaleidoscope of incredible costumes, steelbands, calypso, soca and reggae music. A riotous blend of color and music will constitute the parade of groups, which we expect will draw visitors to Delray Beach from throughout Florida. We plan two days of events, Saturday, January 15 and Sunday, January 16, 2005. Local businesses will provide arts and crafts, authentic island foods, drinks, and there will be music on both days. On Saturday, the Delray Beach Carl-Fiesta site will feature local artists catering to the Anglo, Haitian, Caribbean and Latin communities. There will be a "KIDZ ZONE' with small amusement rides, make-up artists, magicians and balloon exhibits. The stage will be active from 1600 hours through 2300 hours. The feature act on Saturday will be announced at a later date, however we are trying to book Ziggy Marley as the last act on Saturday. On Sunday, the premier event, the Grand Parade of Masquerade Bands will take place. Various local and international Caribbean music bands and steeldrum bands will be featured. There will be a competition for the KING - QUEEN - PRINCE and PRINCESS of the Cad-Fiesta. There will also be competions for the best steeldrum band and for the masquerade band of the year. The stage will have music most of the day and the featured act will be announced at a later date, however we are trying to get Byron Lee as the last act on Sunday. The event will end at 2100 hours. There are over 500,000 english speaking persons from the Caribbean who reside in south Florida, in addition to the Spanish and French speaking Caribbean population. The objective of this celebration is to bring together south Florida's multi-ethnic diversity to experience the unique cultural tradition known as Cad-Fiesta. There will be many recording artists from the Caribbean who will perform scintillating sounds of calypso, reggae, soca, konpa, merengue and salsa. The Delray Beach Cad-Fiesta will need some financial support, in-kind services and community involvement to enhance the cultural, economic and educational development of the citizens of Flodda. We firmly believe that the City of Delray Beach is a perfect site for Cad-Fiesta and ask that you join and support us to bring this beautiful event to your community. PARADE PROCEDURES The parade would stage on Railroad Avenue just north of Atlantic Avenue. Therewoul~d be a starter from the Cari-Fiesta to tell people when to-jo a_nd to organize the parade positions. The parade would go along the route proposed on the preceding page (9) and the streets would be barricaded. There would be Mardi Gras style beads thrown to spectators along the parade route by certain participants. There would be portable sanitary stations along the parade route. There would be radio communication with Cari-Fiesta staff along the parade route. The parade would end at the rear of the Tennis Center where the rolling gate is. Parade participants would enter the gate and go to the community center to change out of costume. There would be a 2 person ticket box at the rolling gate for people that have followed the parade to the end. PARKING PROCEDURES Paid parking would be in the city garage, the courthouse lot, the city hall lot, the city attorney lot, the CRA lot and the Boy Scout lot. All public parking lots and street parking would be free. After reasonable expenses listed below, all profits from the parking revenues would be turned over to the City of Delray Beach in the form of a business check. Payment would be no more than 10 days after the event. STAFFING OF THE LOTS I INSURANCE CERTIFICATES ICE & BEVERAGES I LIGHT TOWERS (BOY SCOUT LOT) SHUTTLE BUSES (BOY SCOUT LOT) TICKETS (FOR RECONSlLIATION) PROMOTIONS The approximately 5,000 - 8,000 (over two days) visitors to the Cad-Fiesta that come to the downtown of Delray Beach represent a significant economic juggernaut. In 2002, with the introduction of the Junior Miami Carnival to Fort Lauderdale, restaurants in the area sold out of their stock ~, of water, soda, many food types and pa~iculady ice cream. The Delray Beach Cad-Fiestawould be promoted throughout the 2004 Caribbean Carnival season which began on Memorial Day weekend and ends with Miami Camival in October. There are Caribbean Carnivals and Festivals throughout the United States and Canada every weekend until October. We would have radio interviews, banners, flyers and posters at all of these events. With the assistance of the Palm Beach County school board we would like to work on puffing in place a program whereby the schools are involved in the Cad-Fiesta. Workshops can be set up where children are taught how to design and make costumes. School clubs can sell tickets to earn money for their treasuries. The two day event would include a Caribbean Consular Village hosted by the Cadcom Consular Corps, to showcase the art, music, culture tourism and export product/service potential of the Caribbean region. Since the City of Delray Beach Cad-Fiesta would take place just a few weeks prior to the Carnival of them all in Trinidad largest & Tobago, we would also include an international Caribbean Carnival Exposition where masquerader bandleaders, calypsonians and other artists from the Caribbean Carnival fraternity could promote their music and costumes for their respective Camivals. of the Caribbean Carnival Association (ICCA) to promote This would also serve as a platform for the members International and market it's individual 2005 Carnivals. .~ " ~.~ - WHAT CARl-FIESTA WILL DO FOR THE CITY OF DELRAY BEACH Introduce the downtown area to new visitors. Promote the city throug-fioui~the Caribbean community. Cad-Fiesta will provide and erect a 20' X 20' tent for the city to promote itself. Provide 2 tables and 4 chairs for the tent. Mention the city in all of it's advertising. Give the city the TITLE SPONSORSHIP (a $75,000.00 value). Give the city 50 admission passes for each day. Give the city 25 free parking passes. '' Give the city a prominent location on site to hang a banner. Give the city prime parade slots for police and fire/rescue. Give the city 100% of the parking revenue profits. Give the city 5% of the admissions revenue, including advance ticket sales. Give local contractors as much business as possible. Use a Delray Beach bank for all financial needs. 5 WHAT CARl-FIESTA NEEDS FROM THE CITY OF DELRAY BEACH Carl-Fiesta would like the City of Delray Beach to provide the following at no charge: · Two golf carts from January 1,~- - 16, 2005. ~ · The Tennis Center. · Electricity and an electrician at the Tennis Center. · Directional and promotional signs. · Water service at the Tennis Center. · Police services for the entire event. · Fire services for the entire event. ' . · Rescue services for the entire event. · If the city has a discounted hotel rate, we would like to avail ourselves to it's use. · Street clean-up (not the venue). · Barricades and cones. · Block the streets of the.parade route. · Three pick up trucks and drivers for the parade. · The city stage (40' x 40'). · Trash cans as needed. · Bleachers for a parade reviewing stand. · If necessary, cover the stadium court for the stage and seating. 6 THE 2004 DELRAY BEACH CARZ-FZESTA 2419 HOLLYWOOD BOULEVARD - SUITE HOLLYWOOD, EL 33020-6605 TEL: 561.798.0030 EVENT FACTS DATES: January 15 & 16, 2005 Saturday, January 15, from ll:00AM - ll:00PM Sunday, January 16, from ll:00AM - 9:00PM LOCATION: THE DELRA¥ BEACH TENNIS CENTER · · 2001 West Atlantic Avenue Delray Beach, FL 33444 EVENT: THE DELRA¥ BEACH CARI-FIESTA is a lively 2-day event showcasing the Caribbean Islands diverse cultures. The event will feature music, food, vendors and entertainment. The event features an elaborate costumed parade on Sunday. ADMISSION: $20.00 DAILY ADMISSION Children under 10 are free. There will be a two day ticket sold for $30.00. The parade is free. ACTMTIES: Music. Children's inter-active area. Caribbean style food. Costume contests. Island style vendors. Costumed parade. VIP reception area. Vendors of souvenirs. Continuous entertainment. I I I SELMAN LEWIS OR GORDON MARRZN ] t 7 0B/25/20~ 0S:lS 954927~256 ACCURATE E\~NT SERVS PAGE 02 FLORIDA DEPA~TMEI~ OF STATE Glend~ E. Hood Secretary of S~;a~e ~u~¥ ~5, 2oo~ GORDON MARRIN CARl-FIESTA, INC. 2419 HOLLYWOOD BLVD., STE. C HOLLYWOOD, FL 33020-6605 The Articles of Incorporation for CARl-FIESTA, INC, were filed on July 12, 2004 and assigned document number N04000006913. Please refer to fl3is number whenever corresponding with this office regarding the above corporation, The certification you requested I$ enclosed, PLEASE NOTE: Compliance with the following procedures is essential to maintaining your corporate status. Failure to do so may result in dissolution of your corporation. o~OOrl~, ration .annual report mu,st be filed with this office between January 1 and May 1 eacn. ye. ar. oeginni.ng w. ith the calendar year following the year of the filing/effeotive te noTe~3 above ano each year thereafter. Failure to file the annual report on time may result in administrative dissolution of your corporation. A .feclera..I employer identifi~ation_(_FEI) number must be shown on the armuaJ report form pnor to Es filing with this ottice. [;;ontact the Internal Revenue Service to insure that you receive the FEI number in time to file the annual report. To obtain a FEI number, contact the IRS at 1-800-829-3676 and request form SS-4. Should your corporate mailing address change, you must notify this office in writing, to insure important mailings such as the annuaJ report notices reach you, Should you have any questions regarding corporations, please contact this office at the address given below. Alan Crum, Document Specialist New Filings Section Latter Number: 404A00045149 Division of Corporations - P.O. BOX 6327 -Tallahassee, Florida 32314 ~8/25/20~'" 09:',.9 cJ54327"iSE, ACCURC,-E E',,'EHT SERVS p,qr';iE: 83 I certify from the records of this office that CARl-FIESTA, INC. is a corporation organized under the laws of the State of Florida, filed on July 12, 2004. The document number of this corporation is N04.000006913. I further certify that said aorporation has paid all fees due this off.Ice through December 31,2004, and its status is active. I further certify that said corporation has not filed Articles of Dissolution. G Given under my hand and the reat Seal of the State of Florida at T~a~.lahaeeee, the Capitol, this the Fifteenth day of July, 2004 Cn2EO22 (2-o~) ~'~.cretnrg_ 08.f25/2904 05:Z9 954927aZ56 ACCURATE E~,,"E:NT SERVS PAGiE 04 I certify the attached is a true and correct copy of the Articles of Im~orporation of CARl-FIESTA, INC., a Florida corporation, filed on July 12, 2004, as shown by the records of this office. The document number of this corporation is N04000006913. G Gi .ve_n un.d~.r myhand and the rea~ ~ea~ of the State of Florida at Tallahaeses, the Capitol, this the Fifteenth day of July, 2004 08/25t28~ 09~i~ 95~927~156 AC'CURATE E~JEN'¥ SERVS PAGE 85 ARTICLES OF INCORPORATION OF Carl-Flora, Inc. (a corporsflon not for pro~) Th~ ~mds~i~g~M ~corporator signs and delivers ~ese ~'~icles of hlcorporatior~ i~ ord~ to form a corporation not for profit under the laws of the Statc of Florida, in compli~ with Chapt~' 617, Ir,S. (Not iSr Profit) ARTICLE 1 - NAME ~-.~..~ The ~mme o£this corporatior~ is: ~-~ ~ .... Cm4.Flem, lee. ~ -~ .~_~ · ...:! ,.~ .'[. ARTICLI~ 2- PURPOSE ~..~-., (a) This Corporation is organized anti shall opeme exclusively for char[table, religious, cducational, l~crary, scientific, cultural and o~t~ purposes ~ fare c~cc~pt purposes described in Scction 501 (c) (3) of the h~ternal Revenue ~ode of 1986, ss amended. This corporation may engage in only such activities as ar~ permitted under the laws of the Stye of Florida and the U~itod States of America, which shall constltu~ ~c~vities' in' further~ncc of such ~cept purposes. In furtherance of such purposes, this m~y promote, estaMisk, conduct and mainta~u ~crivities on ia own ~ and it may contribute to or otherwise assist othor corpor~om, or~ora and ir~tutions' c~rying on exempt ~c~iwties. (b) As a means and incidental to accomplislgng the proposes for which this corporation is being organized, it shall have the following powers: (i) To accept, acquire, receive and hold by bequest, doviso, grant, 8iff, purch~e, exchange, lcasc, trarafer, or othm'wisc for any of its objocts and purposes, any property, both rcal and personal of what~ver natur~ or clesor~on and wherever siumtcd; and (i~) To sell, exchange, convey, mortgage, lease, transfer or otherwise dispose of such property, both real and personal, as th~ objecu and purposes of thc corporation may require, subject to such ]h~nitaticsas ss may bc prcscribod by law; and (iii) To borrow money ~mcl, f~om time to time, to makc, accept, endorse, exccuto and |ss~e bonds, debentures, promissory notes, bills of exchangc and other obligations of the corporation for mo~ics borrowed or in payment for property acquired or for any of the other purposes of the corporation, and to secure the paymcn~ of S't~ch obligations by mort~gages, pledge, deed, indcn~, agreement or other instrument of ~s~, or by other li~m upon, assignment o~ or asreemen~ in regard to 08t251200~ 09:lg 95492'7d156 ACCURATE EVENT SERVS PAGE 06 ~ll or any part ofti~ prop~, ~t. or privileses ofth~ co~on, (iv) To invest or ~vc~ i~ ~ds in ~ch st~, ~n&, &~e~ ~~ or o~ ~vcs~cn~ or s~fi~ ~ pm~y ~ i~ ~vis~lc, subj~t to ~c l~i~ md con~tiom ~~ in ~y ~t, ~, ~ or ~; ~d s~e f~Mon ~ wMch ~ ink.dug ~y co~ b~, ~1~ ~t not ~mited ~o bu~ on m~n~ ~lli~ sho~, bu~ ~d seBi~ ~o~ (~v~ or cosign; ~d ~in or ~ou1 ~ Sm~ ofFlofi~ ~d (Wi) ~ 8~l, ~ ~i~ s~h o~ ~w~ w~h ~w be co~ed by law ~n a co~a~ or~ ~t ~ ~ n~ or ~id~t~ to ~ ~w~ ~ may be p~cgb~ by law. ~la~ons ~ ~e ~e now exist, or ~ ~y ~ be h~ ~d~ ~e. 'No p~ of ~e in.me of pg~i~ of ~ co~or~on ~1 ~ ~ ~e bmefli of or be dis~but~ to ~y m~, ~r or offic~ of ~ c~on ~d~ ~ such a ~on ~ ~ ~mtc ~ ~pho~on of of ~pt or~ons d~fi~ ~ S~on ~01 (c) (3) of~ ~t~ R~e ~e of 1986, ~ ~d~. Howc~, ~imb~t ~r e~~s ~ ~e ~t of ~ablc comp~ation for ~c~ ~d~ ~ ~1 ~ ~ ~ ~ a di~on of income or p~cipg, (c) No pm of ~e ~fi~ of ~s co~on s~ co~a of c~ on ~a~ or o~2e aump~nS to influ~ce l~lation, or of ~p~ (~lu~s ~c publisMn~ or di~butins of ~~) ~y ~lMc~ ~p~ on ~f of(or ~ op~osi~on ~) ~y c~d~e for ~bhc office. ~ ~c cyst of ~c complete or p~ Iiq~ ~ ~on of ~e ~on, dis~bu~on or division of ~ co~ra~on's pr~ or bal~e of ~l money ~ o~ p~ ~eived by ~ ~ lhe pa~t of ~ deb~ ~ cbltsa~o~ of ~e co~~, ~l ~ ~ or dis~bu~, ~b]~t ~ ~e ~d~ of~e Cl~utt Co~ of~e St~e ofFl~d~ ~ p~Wd~ by law, ~clusively ~ ~ ors~ion or o~o~ w~ch ~v~ ors~tio~ d~gbed in ~o~ ~01 (c) (3) ~ 170 (c) Code of 1986, ~ men~ (or c~pondinS ~do~ of ~y prior or ~ law). or to the f~a~ s~e or l~al ~ovc~ent for ~clusively p~c ACCURATE E'~NT SERVS PAGE 07 ARTICLE 3 - MEMBERS Members ot~this corporation of ~e Uffit~ St~, of ~-one (2 ~fion. 0~ qualific~om of~c m~ ~d ~e m~ of~c~ ~i~ion sh~l be p~b~ ~om ~e m ~o in ~c By-~ws cf ~e co.ration. ~c ~rafi~ ~y ~vo ~'o or more cl~scs ofm~b~, ~clud~ m~l~ vo~g m~b~, hono~ mmbm, By-~ws. ~C~ 4 - ~ OF E~T~CE ~TI~ $- ~D~S ~ s~ ~s of~c ~t~ p~cipd office ~ m~l~g ~ of~ Co~m~n is 2419 Holl~ Boul~d, sm~ c, HoR~oM, ~da 3302~5. ~s ~mti~ ~ ~vc six (~ ~ton, ~fi~y. ~c um~ of~ ~y ~ ~e~ or ~~ ~m t~e to t~c K~ D'~ C~,~ D~ 19~01 Wost Co~ Club ~v~ 2~19 Holl~ Blvd. S~t~ I5~ S~te C Av~ ~od~ 2419 Ho~d Blvd. Holl~ood, Th~ n~e ~d Blvd., S~te 08/25/20~ 89:i9 954927~'156 ACCURATE E'JENT SER. VS PAGE 88 ARTICLE 8 - NA.M~E MD OI~CE OF REGISTERED AGENT initial regist~r~l ag~t at such ~tdress ia Kathrbm D'Arcy, 19501 Wm~t Country Club Drive, Suite 1504, Aventura, Florida 33180. ARTICLE 9- BY-LAWS The By-laws of this corporation may only be made, alta-ed or rcscindM by a m~jority vote of tho votin~ members, unless all of thc voting members sign a ~ statem~t rnauifr~ng the/r intention that the By-Laws be made, altea'ed or rescinded. IN WITNESS WHEREOF, the undersigned has subscribed i~ thee Articles of Incorporation at Hollywood, Florida, this 25m day of Sune, 2004. 08/2§/20~ 0~:i~ 954~27~i58 AOOUP~-E E'e~..I',IT SERVS PAGE 0~ CERTIFICATE DESIGN~T~G OFFIC~ FOR TRE SERVICE OF FI/OC~SS WITH~ Tm~ STAT~ AND NAMING AGENT L?ON WHOM PROCESS MAY BE SERVED Pm'suan~ ~ Se~o~ 617.0202 nnd Section 6i7.0501, Flori~ St~tutr, s, t~ following i~ submit~l, in oomplim wis ~ Florida Not For Profit ~tion Act C~-Fiem, Inc., de~iring to organize under tl~ laws of the S~te of Florida, with it~ principal office at 2419 Hollywood Boulevn~l, Suite C, Hollyweod, Fl~ri~ 33020-~05, has named Kmthryn D'Ar~y, 19501 West C. ourttr~ Club I~ive, Suit~ 1504, Av~ntur~ Florida 331g0, a~ i~s ng~t ~o a~cept ~:~i~ of A~OWLKI~gMENY: Havin~ bee~ appointed to accept service of 10rocess ~m- the abov~ stated oorpor~on, at the place designated in this certificate, Fotthryn D'Aroy hereby statc, that it is familiar with, and acc~ts, thc oblii~tium of s~h appointnmnt. e~_ ' Date: .]'un~ 2;~, 2004 ReSis ! A nt _'::,.,.. . GARY KRAMER - THE SHOWPRO - SINCE 1978 1238 POLK STREET - HOLLYVVOOD, FL 33019-1035 TELEPHONE: 954.929.8944 - FACSIMILE: 954.929.8945 - EMAIL: ,qkramer~showpros-usa.com .., RESUME UPDATED - MAY 2004 I AM A PARKING, SECU-RITY, ADMISSIONS AND RISK MANAGE~T CONSULTING PROFESSIONAL DOING TElVIPORARY, FLrLL EMPLOYMENT IN THE TRADE AND CONSUMER SHOW / SPORTS COMPETITION FIELD. * POSITIVE ^'C]'ITUDE AND COMMITMENT TO COMPANY NEEDS. * DISNEY TRAINED CUSTOMER SERVICE PROFESSIONAL. * ORAL AND WRrl-rEN COMMUNICATIONS SKILLS. * RESOURCEFUL, DEPENDABLE, ADAPTABLE. * INDEPENDENT SELF STARTER WITH A PRESENCE. * TRAINED IN CRISIS MANAGEMENT AND VIP PROTECTION. A LIST:~:-'O~'~~~~ SP'OR~G EVENT ACCOUNTS JANUARY FIESTA TROPICAL SOUTH FLORIDA'S MARDI GRAS - HOLLYWOOD, FL SINCE 1987 FEBRUARY MIAMI INTERNATIONAL BOAT SHOW WORLD'S LARGEST - MIAMI BEACH, FLORIDA SINCE 1986 MARCH NASDAQ-100 TENNIS TOURNAMENT FORMERLY THE LIPTON - MIAMI, FLORIDA SINCE 1987 APRIL FAMILY CIRCLE CUP CHAMPIONSHIPS CHARLESTON, SOUTH CAROLINA SINCE 2001 JUNE SUMMERFEST SMITH HAVEN, NEW YORK 2(X)3 JULY THE SUFFOLK COUNTY FAIR CALVERTON, LONG ISLAND, NEW YORK AUGUST THE ULSTER COUNTY FAIR NEW PALTZ, NEW YORK SINCE 1997 PILOT PEN TENNIS CHAMPIONSHIPS NEW HAVEN, CONNECTICUT SINCE 1997 SEPTEMBER VERMONT STATE FAIR OPERATING FOR 150 CONTINUOUS YEARS SINCE 1998 NEW YORK STATE AIR SHOW CALVERTON, NEW YORK 2003 GRAND PRIX OF THE AMERICAS THE STREETS OF MIAMI, FLORIDA SINCE 2002 OCTOBER SOUTH FLORIDA PET EXPO FT. LAUDERDALE, FLORIDA SINCE 2001 CARNIVAL MIAMI CARIBBEAN FESTIVAL - MIAMI, FLORIDA SINCE 2000 NOVEMBER BROWARD COUNTY FAIR POMPANO BEACH, FLORIDA SINCE 1978 DECEMBER JUNIOR ORANGE BOWL TENNIS CHAMPIONSHIPS MIAMI, FLORIDA SINCE 1997 TRAINING THE SECURITY TEAM FOR THE TENNIS OLYMPIC GAMES IN ATLANTA, GA - 1996 CAPTURING THE MARTINA HINGUS STALKER AT THE ERICSSON OPEN TENNIS CHAMPIONSHIPS - 2000 REFERENCES AND COMPENSATION INFORMATION AVAILABLE UPON REQUEST 24 SELMAN LEWIS Mega Marketing Associates Inc. 19501 West Country Club Drive, Suite 1504 Aventura, Florida 33180 305-937-2638 (Office) * 786-344-1751 (Cellular) President, Mega Marketing Associates Inc. C.E.O., Miami Carnival Inc. President, International Caribbean Carnival Association (Worldwide Membership) Member, Miami Film Festival Task Force Member, Leisure Committee, Greater Miami Convention & Visitors Bureau President - China Masquerade Group Former Foreign Service Officer (Diplomat), Government of Trinidad & Tobago - Tourism & International Trade Former Executive Director, Miami Dade Trade & Tourism Commission (Government Entity) Former Board Member - Greater Miami Hotel & Motel Association Producer, Miami Carnival 1990 to Present Specializing in: Strategic Planning and Development for the Carnival Industry, including: · Strategic business planning · Alliance building · Artistic policy · Advocacy for the Carnival Industry · Governance and accountability Community Outreach and development, including: · Heritage Projects and initiatives · Carnival arts education and training · Schools and community outreach Event Operation & Management including: · Artistic Programming · Space Management & Design · Operational Planning · Fire & Rescue Departments (Health & Safety) · Stewarding/Marshails/Security · Policing · Transport · Waste Management & Recycling Sustainable Economic Development · Business support · Training & Skills Development · Social enterprise and investment · Tourism · Merchandising '-~ o Fundraising and Finance, including: · Grantwriting - Public and Private Funds · Sponsorship · Licensing o Marketing & Promotion · Branding · Communications · Public Relations & Awareness · Media ~ Worked closely with traditional Corporate Event Partners o Western Union o American Airlines o BWIA o Air Jamaica o MoneyGram o Angostura o NBC (Local Miami) o CBS (Local Miami) o BET (National) o Miami Herald o Consulate of Trinidad & Tobago o Consulate of Jamaica o Consulate of Barbados o Consulate of Belize o Consulate of St. Lucia o Sun Sentinel o Uni World o Alkin Tours o Bancor Tours International/Allied T-Pro o Ms. Universe Pageant & Ms. Universe Junior Pageant o "Super" Bowls - Miami o MTV2 o Greater Miami Convention & Visitors Bureau Events Produced: · Arts & Crafts Exhibitions · Awards Banquets & Parties · Caribbean Carnivals & Festivals ° Concerts · Conferences & Seminars · Corporate Special Events · Corporate Training · Cruises ° Grand Opening Celebrations · Mardi Gras Parties · Meetings · Scholarship Black Tie event · Trade Shows Miami Carnival Event In 1990, when Selman Lewis was hired to market Miami Carnival, the Camival was still a small, unknown entity. Three short years later features had been introduced which have been adopted by other Carnivals and now are a part of Carnivals everywhere, and Miami Carnival had become the best-marketed, most talked about Carnival anywhere. Some of Selman's achievements in Carnival include: o Accountability/financial stability o Launching of Carnival with all bands presentations o Brochure listing all Carnival events, including non-MCI produced events. Mega Media Launch of Carnival o Launching of Miami Carnival in Trinidad & Tobago o Mas Camp for all Miami bandleaders in Trinidad & Tobago o Pre-Carnival Party Entertainment at Miami Convention Center o Corporate programs and promotions o Official Merchandising o Official creative posters. 27 GORDON MARRIN - ACCURATE EVENT SERVICES 2419 HOLLYVVOOD BOULEVARD, SUITE C - HOLLYVVOOD, FL 33020-6605 TELEPHONE: 954.927.4155 - FACSIMILE: 954.927.4156 - EMAIL: .qmarrin~accurateevents.com RESUME UPDATED - MAY 2004 I AM THE GENERAL MANAGER OF FLORIDA'S LEADING EVENT STAFFING FIRM WITH OFFICES IN ORLANDO AND HOLLYWOOD, FLORIDA. I SCHEDULE, CO-ORDINATE AND EXECUTE SECURITY, USHERING, TICKET TAKING, CREDENTIALING, AND ALL EVENT STAFFING NEEDS WITH OUR CLIENTS. I HAVE AN EXTENSIVE BACKGROUND I'N CUSTOMER SERVICE. * DIRECTOR OF SPECIAL EVENTS FOR THE STATE OF NEW YORK PALISADES PARK COMMISSION. * I AM DETAIL ORIENTED. * ORAL AND WRITTEN COMMUNICATIONS SKILLS WITH EXTENSIVE COMPUTER LITERACY. * RESOURCEFUL, DEPENDABLE, ADAPTABLE. * TRAINED IN CRISIS MANAGEMENT. MIAMI INTERNATIONAL BOAT SHOW NASDAQ-100 TENNIS TOURNAMENT THE HOMESTEAD MIAMI SPEEDWAY THE WINSTON CUP AUTO RACES THE FORT LAUDERDALE INTERNATIONAL BOAT SHOW PILOT PEN TENNIS CHAMPIONSHIPS THE MISS UNIVERSE PAGEANT SOUTH FLORIDA PET EXPO THE WORLD MARRIOTT HOTEL - ORLANDO, FLORIDA THE BROWARD COUNTY CONVENTION CENTER ITC - DAVIS CUP - CHRIS EVERT - ALL AT THE DELRAY BEACH TENNIS CENTER THE MIAMI BEACH COI~VENTION CENTER THE ORANGE COUNTY CONVENTION CENTER- ORLANDO, FLORIDA THE PEABODY HOTEL - ORLANDO, FLORIDA MANY MORE WILL BE PROVIDED UPON REQUEST ~ WE WORK AT OVER 500 EVENTS ANNUALLY. WHO AND WHAT IS CARMINE DESENA & ACCURATE EVENT SERVICES I am an event security specialist with an extensive law enforcement background. I am the owner of the largest, most professional event staffing & security firm in south Florida. ACCURATE EVENT SERVICES 24~9 HOLLYWOOD BOULEVARD - SUITE C HOLLYWOOD, FL 33020-6605 TEL: 954.927.4155 FAX: 954.927.4156 EVENTS THAT UTILIZE MY FIRM The Miami International Boat Show SECURITY GUARDS - BAGGAGE CHECKERS The Nasdaq-100 Open Tennis Championships SECURITY GUARDS - USHERS - TICKET TACKERS - TICKET CHECKERS - BAGGAGE CHECKERS - PLAYER ESCORTS BODY GUARDS Microsoft Conventions - Nationwide SECURITY GUARDS - GREETERS - CREDENTIALING The Broward County Convention Center EXCLUSIVE PURVEYOR OF SECURITY - TICKET TAKERS The Miami Beach Convention Center ON THE APPROVED SECURITY VENDOR LIST The Fort Lauderdale Boat Show SECURITY GUARDS - TICKET SELLERS - TICKET TAKERS (MANY OTHER EVENTS AND FURTHER INFORMATION WILL BE SUPPLIED UPON REQUEST) Accurate Event Services supplies management & staffing to over 500 (five hundred) events annually. Our firm is nationally recognized as a leader in our industry and we have accounts that we service from New Haven, Connecticut to Los Angeles, California.- Based in south Florida we have been in business for over 20 (twenty) years. Although I would like to be at every event we service it is a physical impossibility,.I do however try to meet each one of my clients and discuss any special needs that may be necessa.ry. 29 KATHRYN D'ARCY Mega Marketing Associates Inc. 19501 West Country Club Drive, Suite 1504 Aventura, FL 33180 305-937-2638 Kathryn D'Arcy is the Corporate Secretary and Director of Administration for Mega Marketing Associates Inc. She prides herself on her ability to mn her own office and to solve problems. She has 25 years of experience in administration and customer service, and presently holds the following positions: Corporate Secretary, Director of Administration, Mega Marketing Associates Inc. Corporate Secretary, Miami Carnival Inc. Director, China Mas Group Inc. Director, Events by Heather Inc. Education: Bom in Trinidad & Tobago, Kathryn graduated from Holy Name Convent (High School) and St. Genesius Secretarial College. Experience: Russell M. Tolley & Associates, Toronto, Canada (1973 to 1980) Administrative Assistant to the President Supervisor of the Executive Administrative Office, including 6 secretaries. J. J. McAteer & Associates, Toronto, Canada (1980 to 1983) Vice President & Consultant for Employee Benefit Plans. Hired prior to setting up of the company- responsible for hiring of all staff, for layout and furnishing of office and all supplies. Operated as Director of Human Resources, as a Consultant to the Boilermakers Union nationwide, worked with Auditors of all Trust Funds, responsible for filing of all government forms and updates that affected Trust Funds. Administrative Services, Inc., Miami, Florida (1983 to 1991) Branch Office Manager Responsible for the Hotel & Restaurant Union Local 355, as the sole Administrator of their Health, Dental and Pension Benefits, handling customer service and insurance problems for more than 5000 union employees. Responsibilities included supervision of the office staff, supervision of the preparation and filing of documentation to fulfill govemment regulations, working with the Auditors in preparation of the Trust Fund's Annual Financial Statements, monthly reports to Trustees on the status of the Trust Fund's financial position, review and accounting of Employer Contribution Reports, preparation of Eligibility Reports for Medical and Dental Providers, payment of Monthly Insurance Premiums, review and processing of Medical and Dental Claims, processing of documentation for newly-eligible and newly-terminated employees and the review and processing of Pension Applications. 30 MIAMI CARNIVAL (1988 to Present) Corporate Secretary of Miami Carnival · Keeps all records of the event and Corporation. · Handles all correspondence. · Liaison with Masquerade Bandleaders · Liaison with webmaster. · Liaison with general community. · Member of the Finance Committee. · Chair of the Adjudicating (Competition) Committee. · Keeps record of all media articles etc. produced for the event. · Keeps record of all videos, photographs, brochures, flyers etc. produced. · Prepares all Presentation material. · Keeps record of all e-mails sent and responses. · Updates e-mail list and sends out information regarding events. PERSONAL Director of Party People Productions Inc., the leading Masquerade Band in Miami Carnival Corporate Secretary to the South Florida Carnival Bandleaders Association Corporate Secretary of the International Caribbean Carnival Association (1993 to 1996) Producer, Miami Carnival (1991 to date) Carnival Consultant, Orlando Carnival, Tampa Carnival and Tallahassee Caribbean Carnival Adjudicator at several North American Carnivals. Corporate Secretary, Trinidad & Tobago/USA Chamber of Commerce An avid reader who spends a great deal of her personal time in the pursuit of Caribbean culture. . 31 NAN CY J STEWART ' EXPERIENCE 1987 - present Avenue Creative Group De]ray Beach, FL President Started after a 7 year career with IBM, Avenue Creative Group is a graphic design agency specializing in all areas of print advertising from logo design, illustration, brochures, corporate identity packages, package design, web site design, photography, marketing programs, magazines and event promotion/coordination. 1997 - present Delray Beach Garhc Fest Delray Beach, FL Executive Director A community event in celebration of the "Art of Garlic", specializing in gourmet food, entertainment and education, with a strong focus on family and children. The Garlic Fest is a non-profit organization whose goal to support community projects, charitable groups and service organizations. EDUCATION 1975 - 1977 Mt. Aloysius College Cresson, PA Major: Nursing COMMUNITY INVOLVEMENT Mentor, Women of Tomorrow Mentoring & Scholarship Program (2004 to present) President, Executive Board of Directors- Pineapple Grove Main Street (2002 to 2003) Vice President, Execuhve Board of Directors - Pineapple Grove Main Street (2000-2002) Board Member, Pineapple Grove Main Street (2000 -present) Vice Chair, Site Plan Review & Appearance Board Member (2002 to present) Board Member, Site Plan Review & Appearance (2001 to present) ChMrpetson, Ddray Merchant & Business Association Board (2002 to present) Ddray Merchant & Business Association Board Member (2001 to 2002) Executive Dhvctor, Annual Delray Beach Garlic Fest (1999 to present) Executive Director, Annual Pineapple Grove Bed Race & Festival (2002 to 2003) BoardMember~ Old School Square Master Plan Task Force (New election 2003) Leaders Summit, Challenges of Today and the Future of Our City (June 2003) '02 Delray Beach Chamber of Commerce "Ken Ellingsworth Community Service Award" Finalist of Small Business Person of the Year Award (1997, 1998 & 2001) 1998 Delray Beach Police Dept. Community Service Commendation 1997 Business Recognition .&ward Winner Team Captain for American Cancer Society's Relay for Life (1998) Delray Beach Chamber Ambassador (1997 to 1999) 1997, 1998, 2000 1st Annual Bed Race Committee Judge / Volunteer 1st Annual First Nights Design Committee Chairperson (1997) . FAX (561) 274-6129 · E-MAIL NSTEWART~GATE.NET 10 SE 1s'r AVENUE * DELRAY BEACH, FLORIDA 33444 · PHONE (561) 274-4663 32 MYDELRA YBEA CH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item City Commission Meeting October 19, ~O0~} Consideration of Request from the Orchid Society DATE: October 15, ilO0{ ACTION: City Commission is requested to recognize as a special event the Orchid Society's Orchid Show and to authorize the erection of 4' x 4' event signs by City staff at the designated four (4) locations in the City. BACKGROUND: The Orchid Society will again be holding their Orchid Show on October 29th, 30th, and 31st in the gymnasium at Old School Square. Since this is a private rental at an inside location at Old School Square this show is not an event that would be required to go through the event permit process. I originally received a request from the Orchid Society to allow the event signs for this event to be placed at the four (4) authorized locations in the City. Since it has been our policy over the last six (6) to eight (8) months not to allow event signs for events not held at the Tennis Center or which do not follow within the guidelines of a special event I denied their request (as I have other such events as the Glory Awards). They are now seeking recognition as an event and approval of the event sign installation. RECOMMENDATION: Staff recommends denial of the request due to the precedence it would set. RAB/tas File:u :sweeney/agenda Doc: Orchid Society Request for Signs October 11, 2004 Mr. Robert Barcinski Assistant City Manager City of Delray Beach 100 NWIst Avenue Delray Beach, FL 33~.~. Dear Mr. Barcinski: We are requesting that the Commission approve the Delray BeaCh Orchid Show to be held October 29th, 30th and 31st, 2004 in association with Old School Square at the Vintage Gymnasium. If approved, we would like to have our event signs placed at the four locations as in the past. Thank you for your consideration of our request. Sincerely, j E~~ ~ne)~r(~/~'/~''''~ 2004 Show Chairman 3956 NW 7 Court Delray Beach, FL 33~.5 561-496-3186 News Delray Beach Orchid Society in association with Old School Square April 27, 2OO4 For immediate release: The Delray Beach Orchid Society hosts Delray's "Orchid Harvest" President Michael Landon has announced that Julia Hamner has accepted the chairmanship of the society's 2004 show, "Orchid Harvest". This will be the sixth year she has served in this position. The ambiance of Delray's Old School Square Campus and the professionalism of the society has made the Delray Beach Orchid Show an example for other orchid clubs. Old School Square is the place to be October 29 - 31, 2004... 9AM - 5PM. This year will mark the 14th year of the most popular Orchid Festival in Palm Beach, Martin, Saint Lucie and Indian River Counties. Orchid Harvest is held in air-conditioned comfort of the Vintage Gymnasium at Old School Square. This historic location designated as a National Historic Site, is located on beautiful palm tree lined, Atlantic Avenue where an abundance of upscale restaurants are available. To get to Orchid Harvest in downtown Delray Beach take 1-95 or the Florida Turnpike to the Atlantic Avenue exit in Delray Beach and head east. Just past Swinton Avenue turn left at NE 1st Street or Pineapple Grove Way. Plenty of free parking is available in the lots east of Old School Square. · Orchid Sales · 12 Exhibits · Raffles · Collectibles Who: The Delray Beach Orchid Society What: Presents its annual show, "Orchid Harvest" When: October 29 - 31, 2004- 9AM- 5PM Where: Old School Square Gymnasium, Delray Beach NE 1't Street at NE 1~ Avenue For more information, contact: Julia Hamner Telephone 561-496-3186 Email:leshamner~earthlink. net " NeWSfrom: Delray Beach Orchid Society in association with Old School Square for more information, contact: ,Julia Hamner Telephone 561-496-3186 Email:leshamner@earthlink. net June 23, 2004 For immediate release: The Delray Beach Orchid Society hosts Delray's "Orchid Harvest" Orchid Harvest is the place to be October 29, 30 or 31, 2004 ..... 9AM - 5PM. This year will mark the 14th year of the most popular Orchid Festival in Palm Beach, Martin, Saint Lucie and Indian River counties. Orchid Harvest is held in air-conditioned comfort in the Vintage Gymnasium at Old School Square. This historic location designated as a National Historic Site, is located on beautiful palm tree lined Atlantic Avenue where an abundance of upscale restaurants are available. To get to Orchid Harvest in downtown Delray Beach take 1-95 or the Florida Turnpike to the Atlantic Avenue exit in Delray Beach and head east. Just past Swinton Avenue turn left at NE 1't Street or Pineapple Grove Way. Plenty of free parking is available in the lots east of Old School Square. · Orchid Sales · 12 Exhibits · Raffles · Collectibles Who: The Delray Beach Orchid Society What: Presents its annual show, "Orchid Harvest" When: October 29 - 31, 2004 Where: Old School Square Gymnasium, Delray Beach NE 1st Street at NE 1st Avenue ~ '~~~i~" ' "Delray Beach Orchid Society ~~ ~.o. Box ~83 ~7 ' Delray Beth, F~ 33447 ~~~elease. The Delray ~ach Orchid Soc~ will hold it's 14~ annual show, "Orchid Hawest', October 29th, 30th, and 31st, 2004.- Society President, Michael Landon announced plans for the event to be held in the gymnasium of Old School Square Cultural Arts Center. The show is open to individual hobbyists who are encouraged to enter their best orchids for judging by a team of American Orchid Society judges. Plant entry is from 1PM to 5PM Thursday, October 28th. The mystique of orchids and the various contrivances that birds, moths, bees, wasps, flies, ants and other insects use in the pollination of orchids continue to fascinate the world. Show Chairman, Julia Hamner states, "The prettiest place in South Florida and in particular, Palm Beach County, will be Old School Square Gymnasium on October 29th' 3o~, and 31st, 2004. Twelve of the finest orchid growers from all over the state will present their exhibits and offer a large and diverse variety of orchids for sale. We will also have orchid antiques and collectibles as well as supplies," Hamner continued. "We are so proud of this show and want everyone to come and enjoy orchids in Delray Beach". Two of the oldest orchid firms in operation, Alberts & Merkle and EFG Orchids, both of whom have operated for over 75 years will be joined by ten others. Juno Beach Orchids, Impact Orchids & Exotics, Krull-$mith Orchids, Miramar Orchids, Miller's Tropicals, M.G.R. Orchids, Orchid Acres, Ouest Orchids, and Orchids by DeI-Rei will all be returning. This year we have added Canaima Orchids from Caracas, Venezuela. These twelve orchid growers are ~top notch" and we are proud to include each one of them. Show hours are 9AM to 5PM each day. Admission is $5.00 per person. All children 12 and under are admitted free. The gymnasium is located on the northeast comer of Northeast Ist Street and Northeast Ist Avenue in the Old School Square complex in downtown Delray Beach. Free parking is available just east of the site. Hicks Orchids and Supplies will have any and all of the growing supplies one may need. Victoria's Collection of antique jewelry, crystal, lamps and much more will be available to fulfill everyone's desire. For more information about the show please call Les or Julia Hamner at (561) 496- 3186. [lTV OF DELRI:I¥ BEFI[H ~ELRA¥ BE^¢I-'I AII-AmeficaCity 100 N.W. 1st AVENUEIDELRAY BEACH, FLORIDA 33444. 561/243-1000 , i i "~ PILE 2001 Ms. Julia E. Hamner '2004 Show Chairman ' Delray Beach Orchid Society P.O. Box 1083 Delray Beach, FL 33447 Re: Request for Event Signs for Orchid Show Dear Ms. Hamner: City policy has been revised and we no longer allow event signs to be placed at these locations unless it is a City sponsored or Commission approved event. You may put signage or banners hp on the grounds at Old School Square, but you will need to coordinate site signage with Peggy Murphy. Sincerely, Robert A. Barcinski Assistant City Manager RAB/tas Cc: Peggy Murphy Jim Schmitz Filc:u:swccney/asltrs Doc: Ltr to Julia Hamncr re Request for Event Signs for Orchid Show THE EFFORT ALWAYS MATTERS P:ir, ted o,'~ Recyc!ed Paper August 1, 2004 Mr. Bob Barcinski City of Delray Beach 100 NW 1 Ave. Detray Beach, FL 33444 Subject: Orchid Show Signage Show Dates October 29~, 30~h, and 31", 2004 Dear Mr. Barcinski: This is to request permission to erect wooden signs on Atlantic Avenue, South Federal Highway and North Federal Highway to advertise the annual show that we hold in association with Old School Square. We would also request assistance from the Streets Department with the erection. A set of four signs will be delivered to the Streets Department to be installed when you direct. Thank you for your assistance last year and cooperation this year. Sin tel , 004~;how Chairman 496-3186 MelTIO To: City Commission /] From: David Harden ~(, CC: Date: October 14, 2004 Re: County Charter Amendment Restricting Annexation By the time of the Commission meeting Tuesday we may know whether the judge has removed this question from being counted in the election or not. If the amendment referendum is still going to occur and the results are going to be counted, then we need to immediately start work on a campaign to defeat the ballot measure at the polls. The attached resolution will authorize the expenditure of public funds in this effort. The League of Cities Board has authorized their attorney to file the necessary documents to create a PAC to oppose this measure county wide. I believe we should support this PAC financially, and we should also probably generate and distribute some educational materials to our own voters. At this point we do not have a budget for this effort, but I will bring you that information as soon as it becomes available. You may wish to include an initial authorization in the attached resolution. Recommendation: I recommend that the Commission adopt the attached resolution, possibly including authority to spend up to a certain amount. 1 [lTV OF DELRI:IY BEI:I[H · CITY ATTORNEY'S OFFICE ~°° ~TM^~'-' ~^~'~^~" ~,~o~,~^.~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEA(;H Wdter's Direct Line: 561/243-7091 ~~3 ~ DATE: October 14, 2004 TO: David Harden, City Ma~nager FROM: Brian Shutt, Assistant City Attorney SUBJECT: Resolution 79-04 Authorizing the Expenditure of Funds to Inform the Public Concerninq Palm Beach County's Proposed Charter Amendment The attached resolution will grant authority for the expenditure of funds for the purpose of educating and informing the public as to the proposed County Charter amendment regarding municipal annexation. Under this resolution any and all forms of the regular media outlets may be used to inform and educate the public regarding the proposed amendment to the County Charter. Upon your review please give me any comments that you may have. Attachment cc: Chevelle Nubin, Acting City Clerk RESOLUTION 79-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AUTHORIZING THE EXPENDITURE OF FUNDS TO EDUCATE AND INFORM THE PUBLIC CONCERNING PALM BEACH COUNTY'S PROPOSED CHARTER AMENDMENTS RELATING TO MUNICIPAL ANNEXATION AND THE REASONS THE CITY IS OPPOSED TO THE PROPOSED ANNEXATION; URGING THE CITIZENS NOT TO ADOPT SUCH AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 171, Florida Statutes, sets forth uniform standards and procedures for adjusting the boundaries of municipalities through annexation or contraction of corporate limits within the State of Florida; and WHEREAS, such criteda and regulations have been established so as to: 1. Ensure sound urban development and accommodation to growth; 2. Establish uniform legislative standards through the State for the adjustment of municipal boundaries; 3. Ensure the efficient provision of urban services to areas that become urban in character; and 4. Ensure that areas are not annexed unless municipal services can be provided to those areas. WHEREAS, the methods and procedures for annexations set forth in Chapter 171, Florida Statutes, have a lengthy legislative history and body of case law to guide municipalities and property owners in moving forward through the annexation process; and WHEREAS, Section 171.044, Florida Statutes, "Voluntary annexation", provides a streamlined process for the annexation of property where upon the consent of one hundred percent (100%) of the owners of real property, of an unincorporated area of a county which is contiguous to a municipality and reasonably compact may be annexed to the municipality with the consent of the municipality; and WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that section in charter counties wherein such charter provides for an exclusive method of municipal annexation; and WHEREAS, Palm Beach County is a charter county, but does not currently have a charter provision dealing with annexation; and WHEREAS, Palm Beach County Commission is attempting to amend the Palm Beach County Charter to authorize the Palm Beach County Commission to pass an ordinance providing for the exclusive method for "voluntary annexation"; and WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021 calling for a referendum to amend the Palm Beach County Charter. WHEREAS, the proposed charter amendment is defective and misleading for a vadety of reasons, including, but not limited to, the following: 1. Voluntary annexation is not defined in the question or charter amendment presented to the voters. 2. The proposed amendment does not place into the charter the procedures and standards for "voluntary annexation" as required by Section 171.044(4). 3. The proposed charter amendment authorizes, but does not mandate the County Commission to pass an ordinance dealing with "voluntary annexation". 4. If an ordinance is passed by the County Commission, it can be amended at any time by the County Commission. 5. The proposed charter amendment does not indicate that the provisions of Chapter 171.044, Florida Statutes, will not be available to property owners, if the charter amendment is adopted. 6. The proposed charter amendment deals with several subjects. 7. The County Commission has not accurately reflected State Law in it's discussion and descriptions of the charter amendment as current State law requires all annexations to be voluntary by a majority of the property area and/or the majority of voters (of people residing in the area to be annexed) voting in a referendum to be in favor of the annexation, for an annexation to take place. 8. The proposed charter amendment does not require the consent of the municipality to effect an annexation into the municipality; and WHEREAS, if the referendum is passed by a majority of the voters of Palm Beach County, property owners and municipalities will be uncertain as to the process and validity of annexation action; and WHEREAS, the City of Delray Beach, its citizens, and neighbors have a strong interest in having clear and concise procedures and criteria for the annexation of properties into municipal boundaries; and WHEREAS, the proposed charter amendment does not provide clear guidelines, could be the subject of ongoing change and confusion, and subjects the annexation process to potential abuse; and WHEREAS, it is in the best interest of the City of Delray Beach and its citizens to be made aware of the Charter amendment, its infirmities, and the reasons the City Commission opposed the amendment prior to the vote being held on the referendum question. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. The foregoing recitals are hereby affirmed and ratified as being true and correct. Section 2. That the proposed charter amendment is confusing and its implications are unable to be understood by the average voter because the Palm Beach County Commission has refused to enact appropriate definitions and standards to clarify what the proposed ordinance relating to annexations would actually state. Section 3. That the City Manager is authorized to expend funds for the purposes of educating the electorate as to the proposed Charter amendment on annexation and opposing the adoption of the amendment. The City Manager is further directed to coordinate and act in concert with other persons, entities, and municipalities with respect to such communications; provided, that the City Commission members shall be advised as to the content of any and all materials presented to the public. The communications can be made through any and all media used to regularly communicate with the public including but not limited to print, television, radio and internet/web commentary. The City Manager will prepare an estimate of the total amounts to be expended and prepare a budget amendment if necessary to cover the costs of this educational effort, once the total is ascertained. Section 4. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED in regular session on this __ day of , 2004. CITY OF DELRAY BEACH, FLORIDA ATTEST: MAYOR City Clerk MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~,'l/[ SUBJECT: AGENDA ITEM # C~.. - REGULAR MEETING OF OCTOBER 19, 2004 P^I.M BEACH GOUNTY LEGISLATIVE DELEGATION DATE: OCTOBER 15, 2004 This item is before City Commission to discuss the Palm Beach County Legislative Delegation Public Hearing Schedule for the 2005 Legislative Session. S:\CiU Clerk\agenda memoskPBC Legislative Delegation.10.19.04 PALM BEACH COUNTY LEGISLATIVE DELEGATION 301 NORTH OLIVE AVENUE, SUITE 1001.11 WEST PALM BEACH, FLOR1DA 33401 561/355-2406 ..--' .~-~.,,. F^X 355-2343 ~, ;:' z~~[ "-7"3 'N P~LIC HE~~G SCHED~E ~ X ~~-' "~' ~TER 2004-2005 ' .: Tuesday, November 9, 2004 2:00 pm- 5:00 pm Palm Springs Village Hall 226 C~ress L~e, Palm Springs Tuesday, November 23, 2004 2:00 pm - 5:00 pm Old School Square Auditorium 51 N. Swinton Avenue, Delray Beach Tuesday, December 7, 2004 2:00 pm - 5:00 pm Town of Jupiter Community Center * Local Bill Hearing* 210 Military Trail, Jupiter Tuesday, December 21, 2004 2:00 pm- 5:00 pm Belle Glade City Hall 110 S.W. Avenue E, Belle Glade Monday, January 31, 2005 1:30 pm - 4:00 pm The Flagler Museum 1 Whitehall Way, Palm Beach This schedule is subject to change. Anyone interested in addressing the Legislative Delegation at a public hearing should call the delegation office at 561/355-2406. HEARING INFORMATION SHEET FOR 2005 LEGISLATIVE SESSION · To be placed on the official agenda of a hearing, presenters must have completed a request form (a copy of which is enclosed) and have submitted all printed materials to the delegation office 5 business days prior to the scheduled heating. Printed material submitted will be distributed for review by delegation members prior to the hearing date. · Maximum time allotted for each presentation is three minutes. This time limit will be strictly enforced as a courtesy to all scheduled speakers. · Those presenting local bills and appropriations requests should meet personally with members of the Legislative Delegation prior to the heating at which they will make their presentation. At least one delegation member attending the hearing at which you are present should have a prior working knowledge of your request. Local Bills: Please refer to the P.B. Co. Legislative Delegation Local Bill Preparation Manual for precise instructions for filing your Local Bills and Codifications. If you need a copy, please call the delegation office at 561/355-2406. The deadline for submission of Local Bills to the Delegation Office is: Friday, November 19, 2004 at 12 Noon. I PAI,M BEACH COUNTY LEGISI.ATIVE DELEGATION Participation Request Form 2oo5 Legislative Session ** MUST BE TYPED ** Name of Organization: Contact Person: Phone: Address: ZIP Name of person speaking at the public hearing: Is this a funding request? A legislative proposal request? Topic of Discussion: Plan/Objective: Delegation Action Required: With which Legislators and Senators have you met regarding your issue? Will you be distributing any materials at the hearing? Please place an X next to the hearing you wish to attend: Return form to: PALM BEACH COUNTY Tuesday, November 9 in Palm Springs LEGISLATIVE DELEGATION 301 NORTH OLIVE AVENUE Tuesday, November 23 in Delray Beach 10TM FLOOR, SUITE 1001.11 WEST PALM BEACH, FL 33401 Tuesday, December 7 in Jupiter (All Local Bills) PHONE: (561) 355-2406 FAX: (561) 355-2343 Tuesday, December 21 in Belle Glade Monday, January 31 in Palm Beach : : :: . MYDELRA YBEACH. COM City of Delray Beach Administrative Services Memorandum TO: David T. Harden, City Manager FROM: ~obert A. Barcinski, Assistant City Manager SUBJECT: Agenda Item - City Commission Meeting October 15, ~00~ Host/First Night International ~O05 Conference. DATE: October 15, ~00{ Action: City Commission is requested to accept an invitation to be the host City for the First Night international Annual Conference proposed to be held Saturday, April 9 to Wednesday, April 13, 2005 and accept the responsibilities of the host City. Background: Delray Beach has seen selected by First Night Intemational as a site for their annual conference, which will be held April 9-13, 2005. We need to formally accept the invitation and agree to assume the responsibilities of the host City. Attached is an e-mail Marjorie Ferrer has received concerning the event along with a list of host City responsibilities. The Mayor and I met with Marjorie, Bill Wood, Joe Gillie and Marjorie's staff today to review our responsibilities and discuss them with the First Night staff. Ms. Ferrer is confident that she can find sponsors to underwrite the $10,000 local sponsorship requirement. Based on the other requirements, I am guessing that we many need to raise an additional $5,000 - $10,000 to pay for local artists to perform during the conference and for transportation. The proposed location for the conference is the Marriott. Recommendation: Staff recommends acceptance of the invitation to host the First Night International conference April 9-13, 2005 and accept the host committee responsibilities. Marjorie / From: Christine Springer [info@firstnight.com] Sent: Thursday, October 14, 2004 1:56 PM To: Barcinski@ci.delray-beach.fl. us; Marjorie@delraybeach.com Subject: Congratulations! Dear Bob and Marjorie, After careful review of five city bids, I am pleased to inform you that First Night International has selected Delray Beach, Florida as the site of our 19th Annual Conference. Congratulations! First Night International's Board of Director unanimously agree that the annual conference is the single most important program offered to the membership in both outreach and education. As we made the decision to choose the 2005 site, your conference bid and belief in the First Night mission spoke volumes to us. The dates of the conference are: Saturday, April 9 to Wednesday, April 13, 2005. You will be hosting a gathering of First Night Executive Directors, Board Members, Volunteers, Artists, Government Officials and potential First Night City applicants. Our approach to each year's conclave is to: · Incorporate all elements of the First Night concept into the conference · Prepare First Night communities for their next First Night Celebration (First Night 2006) · Present new ideas and issues facing the festival industry (as a whole) · Focus on funding and long term survival ,, Set by example - with events and activities planned to create an actual First Night for all attendees · Support networking amongst the members, sponsors, vendors and affiliate members · Highlight the Host City and all it has to offer · Assist you, by rewarding your local backers and sponsors, thus giving you additional visibility and support for your next First Night With Delray Beach as our strong parmer, we will produce another memorable event! You will join a roster of 15 other cities that have embraced this conference over the years. The memories created in your wonderful city, coupled with an enriched conference program, will live on well past saying goodbye to the last conference attendee. As they check out of the Delray Beach Marriott, attendees will return home inspired and renewed. A more formal letter (official) letter from Naima Kradjian, President and CEO of First Night International, will come to you via the Postal Service. I just wanted to extend my best wishes and excitement to you both, as soon as possible. Naima and I are looking forward to the telephone conference call with your "cracker jack" tean~ tomorrow morning. Congratulations again for being selected as the 2005 Host City! We look forward to working with you and creating a conference long remembered for it's warmth, art, content, humor and style. I 0/14/2004 'D61A~ Dave Sullivan Sippican Consultants First Night Imemational - Special Projects 84 Court Street, Suite 507 Binghamton, NY 13901 607-772-3597 607-772-6305 FAX 10/14/2004 Mariorie From: Sippican52@aol.com Sent: Thursday, October 14, 2004 3:56 PM To: Marjorie@delraybeach.com Subject: URGENT!!! Things to review before tomorrow morning's call. (10/15) Volunt~m ~sigme~ ~ schedule.xls r~nsibili~ ~... Marjorie - about an hour ago I sent you and Bob Barcinski a semi- official congratulatory emait from First Night International, selecting you as the t9th Annual First Night International Host City. Hope it was what you were looking for? There are several things I need to review with you up front. The sponsorship (Office Depot & Volvo) for 10k is for support of the conference. We will do a variety of things for them through out the conference and we also have other ideas on how to expand their visibility with the entire First Night community. You will need to raise additional money for your conference events, etc. such as the City Spree and the wine and cheese event. (see attachments) You had said that another 5K was probably doable. If appropriate to the attendees of tomorrow morning's call - we can discuss this further then. Now - a very urgent request!! Naima thinks Ed Villella of the Miami City Ballet is PREFECT to be our Keynote Speaker. Here is his biography: Founding Artistic Director Edward Vitlella was the first American-born male star of the New York City Ballet (1957-1975); his career established the male's role in classical dance in the U.S. Mr. Villella's vision and style for the Company is based on the neoclassical 20th Century aesthetic established by choreographer George Balanchine. In 1997, Mr. Villella received the highest and most prestigious cultural honor that can be bestowed upon an artist by the United States, the National Medal of Arts, presented by President Clinton. Also in 1997, he was named a Kennedy Center Honoree and was inducted into the Florida Artists Hall of Fame. In 2003 Miami City Ballet premiered Mr. Villella's four act ballet, The Neighborhood Ballroom Do you and/or Joe know him? If so, then great! Time is of the essence to get him signed up right away. We are targeting Monday, 4/11 @ 9 or so - to have him speak. If you and your husband can get him committed and for gratis ... all the better. We can discuss this in the morning as well. You are calling us at 11:307 Yes/NO? Naima and I will be waiting for your call. So I can rest easy that you have received this email, would you give me a call today before 4:30 PM, so I can review the attachments to this email. 607/772-3597 Attch: 2004 Binghamton Conference Volunteer Schedule. This is used as a guideline for your scheduling and staffing needs. Assignment of responsibilities for Delray Beach is definitely something we need to review in tomorrow morning's phone call. Thanks Marjorie!! We are finally working together on a project and it will be wonderful. Look forward to hearing back for you today. Dave Sullivan Sippican Consultants c/o First Night International Special Projects 84 Court Street, Suite 507 Binghamton, NY 13901 A FABULOUS FIRST NIGHT INTERNATIONAL CONFERENCE in DELRAY BEACH - 2005!!! Responsibilities List - What is need to make it a great event FN Delra¥ Beach Resources and potential partners: The Chamber/CVB, Local Arts Council (you introduce and manage for us) The City of Delray Beach Welcome bag - coupons, goodies, gift certificates etc. Access to your vendors and special deals to reduce expenses. (examples: Local AV companies, T-shirt companies, florists, etc.) Arrange deal for printer to do all conference notebooks- gratis if possible Solicit items, manage and run Silent Auction - the goal to raise $5,000 Opening General Session: assist FNI in securing Keynote Speaker (gratis or at your cost) City Spree with procession and progressive dinner: Concept discussed and approved by FNI. This event should have food and performances, preferably FN acts. To be discussed in detail soon. The City Spree is managed, staffed, coordinated and funded or underwritten by FN Delray Beach A wine and cheese reception (on different night than City Spree) funded or underwritten by FN Delray Beach Be on the education selection committee mn by FNI Help market the conference to vendors and potential First Night Cities (Florida Main Streets and Downtown Alliances, Chambers, etc.) - FNI provides materials - FN Delray Beach provides data bases and mailing cost - if possible Transportation to and from Old School Square and possible "off site locations" - Your cost of gratis - examples: Trolleys, Busses, etc. Transportation to and from Airport for conference attendees - City ofDelray Beach/CVB You arrange for this but do not pay for it. Volunteers for registration and pre & post event operations and all hosted FN Delray Events Local Artists to perform throughout the conference (including Banquet if possible) Provide entr6e to local Arts Council and Corporate sponsors (example: Office Depot) Target for sponsorship of conference by local firms: $10,000 FN Florida(s) Provide additional artistic color and performers for the conference Serve on the programming/arts education committee Help on the Prism Award & Volunteer of the Year Selection Committee Help as volunteers during the conference (pre and post conference too?) FN International - WE DO EVERYTHING ELSE! See next page for FNI's list of Resources and potential partners FNI Resources and potential partners: Joe Gillie/Old School Square The Marriott Hotel - Delray Beach The Miami Ballet? Paul Jameson- Sunfest Marci Zambelli - Zambelli Intemationale THE Insurance Pat Corda in Jacksonville Steve Schmader - IFEA Marci & Pam - AGAIN!! Disney: Production - Possible speech "Its value and impact" Coconut Grove?? Maui Wowie Joe Ferrer Florida Culinary Institute - For awards Banquet - "Luau on the beach" Can they do it? Center for Creative Team Building (St. Pete) MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ff~]A/' [ SUBJECT: AGENDA ITEM # ~ <3/a~ - REGULAR MEETING OF OCTOBER 19, 2004 ORDINANCE NO. 48-04 DATE: OCTOBER 15, 2004 This ordinance is before Commission for second reading and a quasijudidal hearing for City Initiated Future Land Use Map (FLUM) Amendments for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first parcel is a small-scale (FLUM) Amendment from TRN (Transitional) to MD (Medium Density Residential 5-12 dwelling units per acre) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for a 0.13 acre parcel that is currently owned by the Delray Harbor Club. The second parcel is a small-scale FLUM Amendment from TRN (Transitional), MD (Medium Density Residential 5-12 dwelling units per acre), and OS-C (Open Space-Conservation) to OS-C (Open Space-Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential), and CD (Conservation District) to OS (Open Space) which consists of 4.47 acres, generally located on the east side of South Federal Highway between S.E. 10m Street and Linton Boulevard. The proposed FLUM Amendments and rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. A Real Property Exchange Agreement between the City, the Florida Inland Navigation District, and the Delray Harbor Club was executed to accommodate the land swaps between the parties. Future land use and zoning changes are necessary to reflect the appropriate designations to accommodate the future uses. The Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. Several members of the public representing the residential development (Harbourside) were in attendance. One person from the public spoke and did not see the need for additional boat ramps and suggested that development be limited to additional parking for overflow from Knowles Park. After reviewing the staff report and discussing the proposal, the Board voted 4-0 to recommend to the City Commission approval of the rezoning and FLUM amendment requests, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(D)(5) (Rezoning Findings), Section 3.1.1 (Required Findings), and Section 3.2.2 (Standards for Rezoning Actions). At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 48-04. Recommend approval of Ordinance No. 48-04 on second and final reading. S:\City Clerk\agenda memos\Ord.48.04 lntracoastal Park. 10.19.04 TO: DAVID',T~AR[:J~EN,/~ITY~ MANAGER THRU: PAUL DORLING, DIREC~TOI~ OF PLANNING AND ZONING ( / sco SUBJECT: MEETING OF OCTOBER 19, 2004 CITY INITIATED FUTURE LAND USE MAP AND ZONING MAP AMENDMENTS FOR TWO SEPARATE PARCELS THAT ARE PART OF LAND SWAP ACTIVITY ASSOCIATED WITH THE ESTABLISHMENT OF THE INTRACOASTAL PARK SITE. THE FIRST PARCEL IS A SMALL- SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN (TRANSITIONAL) TO MD (MEDIUM DENSITY 5-12 DU/AC) AND REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL) FOR 0.13 ACRE THAT IS CURRENTLY OWNED BY THE DELRAY HARBOR CLUB. THE SECOND PARCEL IS ALSO A SMALL-SCALE FUTURE LAND USE MAP AMENDMENT FROM TRN, MD AND OS-C (OPEN SPACE - CONSERVATION) TO OS-C (OPEN SPACE - CONSERVATION) AND REZONING FROM POD (PROFESSIONAL AND OFFICE DISTRICT), RM (MEDIUM DENSITY RESIDENTIAL) AND CD (CONSERVATION DISTRICT) TO OS (OPEN SPACE) THAT CONSISTS OF 4.47 ACRES. [r;':,~!~;:i'iii~J~ ~iiii~i~ii: : ": ~!~ :: !i ::: :: i :: : ~:: ~'~':~:::~'~1 The proposed FLUM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Over the past year the City has been negotiating with FIND (Florida Inland Navigation District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public. The need for additional boat ramps is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to do some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. With this exchange completed, future land use and zoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Land Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park sites. City Commission Documentation Meeting of October 19, 2004 FLUM Amendment and Rezoning Page 2 At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing in conjunction with the Rezoning and FLUM amendment requests. Several members of the public representing the residential development (Harbourside) were in attendance. One person from the public spoke and did not see the need for additional boat ramps and suggested that development be limited to additional parking for overflow from Knowles Park. After reviewing the staff report and discussing the proposal, the Board unanimously voted 4-0 (Morris, Borchardt, Walker absent) to recommend that the requests be approved 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(D)(5), 3.1.1 and 3.2.2 of the Land Development Regulations. By motion, approve on first reading the ordinance for the proposed City initiated small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that has been conveyed to the Delray Harbor Club. Further, approve a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations and recommendation of the Planning and Zoning Board. Attachments: P & Z Staff Report of September 27, 2004 & Ordinance ORDINANCE NO. 48-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE FUTURE LAND USE MAP DESIGNATION AS CONTAINED IN THE COMPREHENSIVE PLAN FROM TRN (TRANSITIONAL) IN PART, 1LM (MEDIUM DENSITY RESIDENTIAL 5-12 DE/AC) IN PART AND OS- C (OPEN SPACE, CONSERVATION) IN PART TO OS-C (OPEN SPACE, CONSERVATION), AND FROM TRN CI]~NSITIONAL) TO MD ~IEDIUM DENSITY RESIDENTIAL 5-12 DE/AC; ELECTING TO PROCEED UNDER THE SINGLE HEARING ADOPTION PROCESS FOR SMAI.I. SCALE LAND USE PLAN AMENDMENTS; REZONING AND PLACING LAND PRESENTLY ZONED POD (PROFESSIONAL AND OFFICE DISTRICT) DISTRICT IN PART, RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT IN PART AND CD (CONSERVATION) DISTRICT IN PART TO OS (OPEN SPACE) DISTRICT, AND FROM POD (PROFESSIONAL AND OFFICE DISTRICT) TO RM (MEDIUM DENSITY RESIDENTIAL); SAID LAND BEING GENERALLY LOCATED ON THE EAST SIDE OF US HIGHWAY NO.1, BETWEEN SE 10TM STREET AND LINTON BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission, acting in its legislative capacity desires to initiate the Future Land Use Map (FLUM) amendment and rezonmg for the herein after described parcels; and WHEREAS, The City of Delray Beach and FIND (Florida Inland Navigation District), are the fee simple owners of a 4.47 acre parcel of land hereinafter described as Exhibit "A" located on the east side of US Highway No. 1, between SE l0th Street and Linton Boulevard (approximately 650 feet south of SE l0th Street); and WHEREAS, Delray Harbor Club Association, Inc. is the fee simple owner of a 0.13 acre parcel of land hereinafter described as Exhibit "B" located on the east side of US Highway NO. 1, between SE l0th Street and Linton Boulevard (approximately 900 feet south of SE l0th Street); and WHEREAS, the subject property hereinafter described as Exhibit "A" has an existing Future Land Use Map (FLUM) designation of TRN (Transitional) in part, MD (Medium Density Residential 5-12 du/ac) in part and OS-C (Open Space, ConsenTafion) in part; and WHEREAS, the subject property hereinafter described as Exhibit "B" has an existing Future Land Use Map (FLUM) designation of TRN (Transitional); and WHEREAS, the property hereinafter described as Exhibit "A" is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD (Professional and Office District) District in part, RM (Medium Density Residential) District in part and CD (Conservation) District in part; and WHEREAS, the property hereinafter described as Exhibit "B" is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July, 2004, as being zoned POD (Professional and Office District) District; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Map designation of the property described as Exhibit "A" is hereby officially affixed as OS-C (Open Space, Conservation). Section 2. That the Future Land Use Map designation of the property described as Exhibit "B" is hereby officially affnced as MD (Medium Density Residential 5-12 du/ac). Section 3. That the City of Delray Beach elects to make this small scale amendment by having only an adoption hearing, pursuant to Florida Statutes Section 163.3187(1)(c)3. Section 4. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of OS (Open Space) District for the parcel of land described as Exhibit "A". Section 5. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the parcel of land described as Exhibit "B". 2 ORD NO. 48-04 Section 6. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 4 and Section 5 hereof. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 9. That this ordinance shall become effective as follows: thirty-one (31) days after adoption, unless the amendment is challenged pursuant to Section 163.3187(3), F.S. If challenged, the effective date of this amendment shall be the date a final order is issued by the Department of Community Affairs, or the Administration Commission, finding the amendment in compliance with Section 163.3184, F.S. No development orders, development permits, or land uses dependent on this amendment may be issued or commence before it has become effective. If a £mal order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ., 200__. ATTEST M A Y O R Acting City Clerk First Reading Second Reading Legal Description of Parcds: 3 ORD NO. 48-04 Exhibit "A" Parcel 1 That portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, and that portion of The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida described as follows: Beginning at the Southwest comer of Lot 27, Block 2 of said Model Land Company's Map of Section 21; thence N 89° 58' 31" W., along the westerly projection of the South line of said Lot 27, a distance of 218.60 feet to a point on the East right-of-way line for US Highway No 1; thence N 32° 03' 14" E, along said East right-of-way, a distance of 100.00 feet to the Southwest comer of Tract "A" of said Plat of The Comiche Replat 1; thence S 89° 58' 31"E, along the South line of said Tract "A", a distance of 4.09 feet to a point on a non-tangent curve concave to the northeast having a central angle of 107016' 55" and a radius of 31.50 feet; thence South, Southeasterly and East, along the arc of said curve whose chord bears S 36° 20' 04"E, a distance of 58.98 feet; thence N 32° 02' 19"E a distance of 194.30 feet to a point on the East line of said Plat of The Comiche Replat 1; thence S 0°23' 4"W, along said East line and along the West line of said Lot 27, Block 2, of Model Land Company's Map of Section 21, a distance of 208.67 feet to the point of beginning. Parcel 2: That portion of Lot 27, Block 2, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Map or Plat thereof as recorded in Plat Book 1 Page 128, Public Records of Palm Beach County, Florida, lying West of the West right-of-way of the Intracoastal Waterway, as shown in Plat Book 17, Page 17B, Public Records of Palm Beach County, Florida, less that portion of said Lot 27 lying in the Plat of the Comiche Replat 1, according to the Plat thereof recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida. 4 ORD NO. 48-04 Exhibit "B" A portion of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida, described as follows: Beginning at the Southwest comer of said Tract "A", thence S 89° 58' 31" E, along the South line of said Tract "A", a distance of 89.43 feet; thence N 32° 02' 19" E, a distance of 28.29 feet to a point on the North line of said Tract "A"; thence N 89° 58' 31" W along the North line of said Tract "A", a distance of 44.30 feet; thence N 28° 58' 08" W, along the north line of said Tract "A" a distance of 43.73 feet to a point on the West line of said Tract "A" and a point on the East right-of-way line of U.S. Highway No 1; thence S 32° 03' 14" W, along the West line of said Tract "A" and along the said East right-of-way line, a distance of 73.42 feet to the point of beginning. Together With A portion of Lot 11, Block 1, Model Land Company's Map of Section 21, Township 46 South, Range 43 East, according to the Plat thereof as recorded in Plat Book 1, Page 128, Public Records of Palm Beach County, Florida, described as follows: Commencing at the Southwest comer of Tract "A", The Comiche Replat 1, according to the Plat thereof as recorded in Plat Book 79, Page 50, Public Records of Palm Beach County, Florida; thence S 89° 58' 31" E, along the South line of said Tract "A", a distance of 4.09 feet to the point of beginning; thence continue S 89° 58' 31" E along the South line of said Tract "A", a distance of 85.34 feet; thence S 32° 02' 19" W, a distance of 48.19 feet; thence N 89° 58' 31" W a distance of 29.71 feet to a point on a curiae concave to the northeast having a central angle of 107° 16' 55" and a radius of 31.50 feet; thence northwest, along the arc of said curve, a distance of 58.98 feet to the point of beginning. 5 ORD NO. 48-04 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- MEETING DATE: September 27, 2004 AGENDA ITEM: I¥. A. ITEM: The action before the Board is that of making a recommendation on land use actions for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first is a City initiated small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for 0.13 acres that is currently owned by the Delray Harbor Club. The second is also a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conse~ation) and rezoning from POD (Professional Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for 4.47 acres.(Quasi-Judicial Hearing). GENERAL DATA: Owner/Applicant ......................... Delray Harbor Club & Florida Inland Navigation District/City Initiated Agent .......................................... City Initiated Location ...................................... Located on the east side of U.S. Highway No 1, approximately 650 feet south of S.E. 10~ Street. Property Size .............................. 0.13 Acres (Delray Harbor Club) 4.47 (FIND Parcel) Future Land Use Map ................ TRN (Transitional), MD (Medium Density 5-12 du/ac), & OS-C (Open Space- Conservation) Proposed FLUM .......................... MD and OS-C Current Zoning ............................ POD, RM, OS and CD Proposed Zoning ........................ RM & OS Adjacent Zoning ................ North: RM East: R~I-AA (Single Family) South: RM West: PC (Planned Commercial) Existing Land Use ...................... Vacant Water Service ............................. Existing on site. Sewer Service ............................. Existing on site. IV. A. The action before the Board is that of making a recommendation on land use actions for two separate parcels that are part of land swap activity associated with the establishment of the Intracoastal Park site. The first is a City initiated small-scale Future Land Use Map Amendment from TRN (Transitional) to MD (Medium Density 5- 12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for 0.13 acres that is currently owned by the Delray Harbor Club. The second is also a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for 4.47 acres. Pursuant to Section 2.2.2(E), the Local Planning Agency (Planning & Zonincj Board) shall review and make a recommendation to the City Commission with respect to the rezoning and FLUM Amendment of any property within the City. The proposed FLUM and Rezonings are associated with two different portions of properties that include land conveyed to the Delray Harbor Club to accommodate additional parking with the remainder to contain a passive conservation area, additional boat ramps, and associated parking for the Intracoastal Park. Over the past year the City has been negotiating with FIND (Florida Inland Navigation District) to obtain a 30 year lease on MSA Tract 650. This lease would allow the City to utilize the property for the construction of additional boat ramps for the public. The need for additional boat ramps is identified in the Comprehensive Plan as an unmet need in the City. During this process the adjacent residential development Delray Harbor Club expressed a desire to do some parking improvements on the adjacent property. Given the common interests in this area, the City, FIND and Delray Harbor Club have been collaborating to achieve the most efficient design. To this end a Real Property Exchange Agreement has been executed which involved land swaps between the parties. With this exchange completed future land use and zoning changes are necessary to reflect the appropriate designations to accommodate the future uses. At its meeting of September 7, 2004, the City Commission initiated the small-scale Future Land Use Map amendments and zoning changes for both portions of the Delray Harbor Club and Intracoastal Park sites. Florida Statutes 163.3187 -Small Scale Land Use Map Amendments: This Future Land Use Map Amendment is being processed as a Small-Scale Development pursuant to Florida Statutes 163.3187. This statute states that any local government comprehensive land use amendments directly related to proposed small P & Z Board Staff Report FLUM Amendment & Rezonin9 for Delray Harbor Club and Intracoastal Park Page 2 scale development activities may be approved without regard to statutory limits on the frequency of consideration of amendments (twice a year), subject to the following conditions: The amendment does not exceed 10 acres of land; The cumulative effect of the amendments processed under this section shall not exceed 120 acres within designated redevelopment and traffic concurrency exception areas, or 60 acres annually in areas lying outside the designated areas; The proposed amendment does not involve the same property, or the same owner's property within 200 feet of property, granted a change within a period of 12 months; 121 That if the proposed amendment involves a residential land use, the residential land use has a density of 10 units or less per acre except for properties that are designated in the Comprehensive Plan for urban infill, urban redevelopment, or downtown revitalization; E] The proposed amendment does not involve a text change to the goals, policies, and objectives of the local government's comprehensive plan, but only proposes a land use change to the Future Land Use Map for a site-specific small scale development activity; and, The property that is the subject of a proposed amendment is not located within an area of critical state concern. The subject properties consist of 4.60 acres. The properties are not located within a designated redevelopment area or traffic concurrency exception area. It is noted that a small scale Future Land Use Map (FLUM) amendment as defined by Florida State Statute 163.3187 has not been adopted this year. Therefore, the proposed 4.60 acre FLUM amendment does not exceed the 60 acre annual limit. The FLUM amendment for the Delray Harbor Club is from Transitional to MD. Each of these land use designations allows similar intensities of residential densities. It is noted the change from Transition to Medium Density is not to accommodate residential units at any density, but to provide over-flow parking for the existing residential uses to the north. With respect to the FIND parcel, the FLUM amendment is changing from Transitional to MD (Medium Density 5-12 du/ac) and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation). Consequently, the proposed FLUM amendment can be considered under the small scale procedures since the residential density is not being intensified (Delray Harbor Club) or is being eliminated with the FIND parcel. The property has not previously been considered for a Future Land Use Map amendment nor has the same owner's property, within 200 feet, been granted a land use change within the last year. The amendment does not involve a text change to the Comprehensive Plan and it is not located within an area of critical state concern. Given the above, the proposed FLUM amendment can be processed as a small scale amendment. P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 3 Land Use Analysis: Pursuant to Land Development Regulation Section 3.1.1(A) (Future Land Use Map), all land uses and resulting structures must be allowed in the zoning district within which the land is situated and, said zoning must be consistent with the land use designation as shown on the Future Land Use Map. Both properties are currently vacant. The proposed boat ramp (FIND parcel) is a permitted use in the OS zoning district [ref. LDR Section 4.4.22(B)(1) & (C)(6)]. The OS zoning district is considered compatible with the proposed OS-C land use designation. The Delray Harbor Club property will be utilized as an entrance and parking area for the condominium located north of the property. These uses are accessory to the residential uses and are permitted in the RM zoning district, it is not anticipated that this parcel will .. be developed for any other purpose. Based upon the above, a positive finding with respect to Future Land Use Map consistency can be made. REQUIRED FINDINGS: Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map must be based upon the following findings: CI Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. With respect to the Intracoastal Park property, the proposed FLUM amendment is from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation). Therefore, this requirement does not apply to this parcel. It is noted that the Open Space and Recreation Element, Coastal Management Element, and Conservation Element each identifies the need for additional access to the Intracoastal Waterway and more public boat ramps. With respect to the Delray Harbor Club, this parcel was acquired through a land swap with FIND and the City. This facilitated a more efficient layout for access to the boat ramp. This parcel will be utilized for cross access and additional parking. Given the changes in configuration of this parcel as a result of the land swap, the development potential is limited. The change from Transitional to MD will allow accessory residential type P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 4 uses, but would limit commercial potential currently allowed under the Transitional Land Use Map designation. This limiting of uses and utilization in conjunction with adjacent residential properties is appropriate given the configuration changes. El Consistency -- The requested designation is consistent with the goals, objectives, and policies of the most recently adopted Comprehensive Plan. The proposed change to OS-C will provide public access to the Intracoastal Waterway and additional boat ramps which have been identified as an objective in the Coastal Management, Open Space and Recreation, and Conservation Elements of the Comprehensive Plan. The changes for the Delray Harbor Club will be consistent with the current designation as it relates to adjacent residential uses and is not inconsistent with any objectives within the Comprehensive Plan. D Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed use of the subject property is likely the most intense use of the property given the proposed FLUM and zoning designation. The boat ramp will have little impact on the adopted levels-of-service. Compliance with the Palm Beach County Traffic Performance Standards Ordinance will be addressed as part of the site plan process. There are no compatibility concerns with respect to the residential FLUM and zoning district designations proposed for the Delray Harbor Club portion of the request. El Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The OS-C FLUM and OS zoning designations allow Iow intensity uses. Pursuant to LDR Section 4.4.22(A), the OS zoning district is deemed compatible with all land use designations shown on the Future Land Use Map. Consequently, most of the subject property could currently be rezoned to the OS zoning district without the proposed FLUM amendment. The land use change is being processed to achieve a uniform land use category of OS-C across the entire parcel being utilized for the park (including parcels to the west adjacent to Federal Highway). Buffering of the proposed boat ramp site will be addressed during the site plan review process. El Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the land will occur in accordance with the City's Land Development Regulations during the site plan review process. REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 5 Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency was previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in Section 3.2.2 (Standards for Rezoning Actions) along with required findings in Section 2.4.5(D)(5) (Rezoning Findings) shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoning Actions): Standards B and C are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (A) The most restrictive residential zoning district that is applicable given existing development patterns and typical lot sizes shall be applied to those areas identified as "stable" and "stabilization" on the Residential Neighborhood Categorization Map. Requests for rezonings to a different zoning designation, other than Community Facilities, Open Space, Open Space and Recreation, or Conservation shall be denied. The subject property is designated as "stable" on the Residential Neighborhood Categorization Map. The proposed rezonings from POD to RM for the Delray Harbor Club and from POD, RM, and CD to OS for the Intracoastal Park is appropriate given the existing development patterns and is therefore consistent with this performance standard. (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As noted previously, the proposed OS zoning district is deemed compatible with all FLUM designation. Consequently, the uses allowed within the OS zoning district are considered compatible with the adjacent residential land uses. Any incompatibilities arising from the proposed boat ramp can be addressed via buffering to be considered during the site plan review process. There are no compatibility concerns with respect to the Delray Harbor Club parcel. P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 6 (E) Remaining, isolated infill lots within the coastal planning area shall be developed under zoning which is identical or similar to the zoning of adjacent properties; and, the resulting development shall be of a design and intensity which is similar to the adjacent development. As noted above the proposed OS zoning district is considered compatible with the adjacent residential FLUM designations. The RM designation for the Delray Harbor Club piece is identical to the residential designations to the north and south. Section 2.4.5(D)(5) (Rezonin.q Findings): Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reason for the proposed rezonings is "b", based on the following: The Comprehensive Plan indicates that the subject property is to be utilized as access to the Intracoastal Waterway and additional boat ramps. These policies and objective include the following: Coastal Management Element Policy B-1.5, The City shall perform the necessary studies to pursue development of FIND parcel MSA 650 as 1) an entirely passive park with picnic areas and a nature trail, with additional boat ramps at Knowles Park; or 2) a partially active park with boat ramp and parking facilities in addition to preservation areas. The completed studies should be brought to the City Commission for a decision on the final plan in time for inclusion in the FY 98/99 budget. Open Space and Recreation Element Text, Assessing recreation facilities relative to the strictest of the two applicable guidelines reveals a current deficiency only in the category of boat ramps. This deficiency will be eliminated through the development of FIND parcel MSA 650, or construction of additional boat ramps at Knowles Park. For the buildout demand, planned facility additions were added to the existing total. At buildout, deficiencies again appear only in boat ramps (5). P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 7 Open Space and Recreation Element Policy B-3.1, Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650). Conservation Element Policy B-1.8, FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. The proposed zoning change to OS will allow the proposed development of the subject property accordingly. COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development applicationlrequest. A City initiated site plan application has not been submitted. However, compliance with the Land Development Regulations will be addressed during the site plan review process. The subject property is not within a geographical area requiring review by the Community Redevelopment Agency, Downtown Development Authority or the Historic Preservation Board. Courtesy Notices: Courtesy notices have been provided to the following civic and homeowners associations: · Presidents Council · PROD Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of objection and support, if any, will be presented at the Planning and Zoning Board meeting. The proposed FLUM amendment and Zoning Map change is necessary to develop the subject property in accordance with direction outlined in the Comprehensive Plan as a park with boat ramps. The FLUM and Zoning Map change for the Delray Harbor Club is a result of land swaps that occurred to accommodate access and additional parking for P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 8 the Delray Harbor Club along with enhanced access to the boat ramps. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), and the Goals, Objectives, and Policies of the Comprehensive Plan. Positive findings can be made with respect to LDR Section 2.4.5(D)(5) (Rezoning Findings) and 3.2.2 (Standards for Rezoning Actions). Therefore, the proposed FLUM amendment and related zoning changes are recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Move a recommendation of approval to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further, move approval of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Move a recommendation of denial to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further move denial of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is inconsistent with the Comprehensive Plan and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Recommend approval to the City Commission for the City initiated request for a small scale FLUM Amendment from TRN (Transitional) to MD (Medium Density 5-12 du/ac) and rezoning from POD (Professional and Office District) to RM (Medium Density Residential) for land with a total acreage of 0.13 acres that have been conveyed to the Delray Harbor Club. Further, recommend approval of a small scale Future Land Use Map Amendment from TRN, MD and OS-C (Open Space - Conservation) to OS-C P & Z Board Staff Report FLUM Amendment & Rezoning for Delray Harbor Club and Intracoastal Park Page 9 (Open Space - Conservation) and rezoning from POD (Professional and Office District), RM (Medium Density Residential) and CD (Conservation District) to OS (Open Space) for land with a total acreage of 4.47 acres to accommodate the Intracoastal Park, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Future Land Use Map Zoning Map Prepared by: Scott Pape, Senior Planner o1: i >oo ~o '~ IN TR ACOA S TAL WATERWAY - I~ - ~ '_ ~ BANK Ob- __ ~ ' ~ ~ ~ PARK A ~ S.E. IO~H ST. ~ ~ ~LSON A~. ~ ~., -- ~--, / I / / ' I1 1] 11 ~S C0~ I /e-/ ~ t, l llll THE ~ I EDGE / ~ / HA~eOU~S ' / ~ / _ I / ~.-/ o~o LIN TON BOULEVARD // N DELRAY HARBOR CLUB ~ REZONING FROM: POD (PROFESSIONAL OFFICE DISTRICT) TO: RM (MEDIUM DENSITY RESIDENTIAL) CITY OF' DELRAY BEACH. FL F.L.U.M. FROM: TRN (TRAN~TIONAL) PLANNING & ZONING D£PA~TMENT TO:MD (MEDIUM DENSITY RESIDENTIAL 5-12 UNITS PER ACRE) --- DIGITA& BASE 444P SYSTEM ---- MAP REF: LM767 __ __ . ~ SUBS ~ .,..-'~____ ' ~TH ST. ~ ~,~ : ~ ': .~ ~ ~ ,. ~ S.E. mT. ~- ~ - ~' / ~ / r2~ -~- -~:~-~x~,,~ , ~r~/ I~,? i° U M~ ~ c~os -~ :~ - / :V / ! ~*~- ~ ~-- / I / / ~o~,.~ o ~.,I I I t ~ / ~ '/ ~E EDGE ~ ' ~~z~ /~7 ~.~ ~,~ ~ ~ ~!!t ~ / ~ / LIN TON .. I ~ES--~A /~"~'~ /~/ ~ -'1 ~11111 ~ 1_ BANYAN ' ~ ~ ~ ~ HARBOURS ~ ~ I - I ~ LIN TON - BOULEVARD I// ,, ......... I [ N I NT~COASTAL PARK I I ' ~ ~ ........ [ f.LU.a. ~:~ (~}. ~ (~ ~[~ ~[~N.~ 0-5 a~ ~E ~[) TO: DAVII~T. HARDEN C ITY/I~ANAG Ei~ /2 PAUL DORLI~ THRU: DIRE~ OF~c:~__~RLANINJ'NG ~[ND ZONING FROM RON HOGG~~IOR~EDEVELOPMENT PLANNER SUBJECT: MEETING OF OCTOBER lg, 2004 ** PUBLIC HEARING ** ADOPTION OF COMPREHENSIVE PLAN AMENDMENT 2004-2 Comprehensive Plan Amendment 2004-2 was approved on first reading on June 22, 2004 and transmitted to the Florida Department of Community Affairs (DCA) for review. The amendment included one (1) City initiated Future Land Use Map amendment, one (1) privately initiated Future Land Use Map amendment and a number of text changes, including those regarding increases in density in the Southwest Neighborhood Area and Comprehensive Plan requirements adopted by the Florida Legislature in 2002 for a 10-year Water Supply Facilities Work Plan. A full analysis of each of the changes is contained in the attached Gomprehensive Plan amendment and support documents. Concerns were expressed at the City Commission's meeting relating to the privately initiated FLUM amendment included with this Plan amendment for the Cottages at Banyan Village. Although the Planning & Zoning Board had recommended that it be eliminated from the Amendment, the City Commission agreed to include it in the transmittal to DCA with direction that the applicant address concerns related to density and affordable housing with staff before the amendment returned from the State. The applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan for the provision of affordable housing. During the review, DCA suggested that we withdraw our Water Supply Facilities Work Plan from the amendment, since the State's deadline for adoption of the Work Plans had just been extended to allow the Water Management Districts time to complete their updated regional supply plans. Since major revisions to our work plan will be required to maintain consistency with the updated regional plan, we agreed to withdraw it from our amendment and resubmit it with our EAR (Evaluation and Appraisal Report) in 2006. DCA completed its review of the amendment and issued a letter on August 30, 2004 stating that they had no objections. The Planning and Zoning Board held its public hearing regarding the amendment on May 17, 2004. After discussion, the Board voted (3-1, Sowards, Pike and Walker absent) to recommend denial of the FLUM amendment for the Gottages at Banyan Village project. The Board voted (4-0 Sowards, Pike and Walker absent) to recommend approval of the remainder of Comprehensive Plan Amendment 04-2 on first reading and transmittal of the amendment to the Florida Department of Community Affairs. On September 27, 2004, the Planning and Zoning Board tabled a modified rezoning request for the Cottages at Banyan Village project which included a change in the proposed maximum allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per acre and a commitment to build at least 20% affordable units. The Planning & Zoning Board will consider the request at its October 18, 2004 meeting and first reading of the rezoning ordinance is anticipated at this City Commission meeting. By motion, approve on second reading, Ordinance No. 29-04, adopting Comprehensive Plan Amendment 04-2, based on positive findings that it supports and furthers the Goals, Objectives and Policies of the Comprehensive Plan, and transmit the adopted Amendment, containing the material in the staff report and attachments to the Florida Department of Community Affairs. Attachments: · Summary of Comp Plan Amendment 04-2 · Ordinance 29-04 · Comprehensive Plan Amendment 04-2 s:\planning & zoning\longrange\comp\amend 04-2\adopt\2004-02 cc staff report - adoption.doc 1. Future Land Use Map Amendments a. City initiated Future Land Use Map amendment for property within the West Atlantic Overlay District from GC (General Commercial) to CC (Commercial Core). b. Privately initiated Future Land Use Map amendment for approximately 9 acres on the southwest corner of Swinton Avenue and SW 10th Street from LD (Low Density Residential 0-5 Units/Acre) to MD (Medium Density Residential 5-12 Units/Acre). The proposal is to accommodate the proposed Cottages at Banyan Village project. 2. Text Amendments a. Future Land Use Element - Modification of the description of the Medium Density FLUM designation to include provisions for increased density to approximately 24 units/acre within the boundaries of a special overlay district within the Southwest Neighborhood Area, subject to Conditional Use approval. This overlay district, located between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, is being created to accommodate higher density residential development pursuant to the Southwest Area Neighborhood Redevelopment Plan; b. Future Land Use Element - Modification of the descriptions of the Commercial FLUM designations related to the West Atlantic Overlay Area; c. Future Land Use Element - Modification of FLUM category descriptions to reflect consolidation and elimination of unnecessary FLUM designations; d. Transportation Element-Revise Map #17, Intermodal Facilities; e. Transportation Element - Revision to policies under Objective D-3 to address and update timetables and the completion of tasks; f. Housing Element - Update Residential Neighborhood Categorization Map to reflect existing land use and boundary changes. g. Public Facilities Element - Add objective and policies related to the regional water supply plan and preparation of a 10-year Water Supply Facilities Work Plan addressing water supply facilities necessary to serve existing and new development; h. Conservation Element - Amendment dealing with public recreation and boat ramps in conservation areas to achieve internal Plan consistency with the Open Space and Recreation Element; i. Conservation Element - Add objective and policy addressing projected water needs and sources considering the South Florida Water Management District's Lower East Coast Water Supply Plan; j. Open Space and Recreation Element - Add policy stating that all park planning will be compatible with the adopted City of Delray Beach Parks and Recreation System Master Plan; k. Intergovernmental Coordination Element - Add policy to ensure coordination of the Comprehensive Plan with the regional water supply plan; I. Capital Improvement Element - Modify Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000) to reflect implementation of the new $24 Million Parks and Recreation Bond and adoption of the FY 2005-2009 Capital Improvement Program; m. Capital Improvement Element - Modification of Table SD-CIP. This table is the School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3; n. Public Schools Facilities Element - Updated Map Series for the School District. Replace Map PS 1.1; PS 2.1; PS 3.1; and PS 3.3. Eliminate Maps PS 3.2 and PS 3.4; o. Public Schools Facilities Element- Elimination of the appendices; p. Public Schools Facilities Element - Minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices; q. Public Schools Facilities Element - Amendments required to maintain consistency with the recently amended Interlocal Agreement · Add definition for"First FTE Student Count" to Definitions section · Amend Policy A-1.1 dealing with the LOS standard · Amend Policy A-3.1 dealing with intergovernmental coordination; and r. Open Space and Recreation Element - Add policy to establish an urban park at Old School Square ORDINANCE NO. 29-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTING COMPREHENSIVE PLAN AMENDMENT 2004-2 PURSUANT TO THE PROVISIONS OF THE "LOCAL GOVERNMENT COMPREHENSIVE PLANNING AND LAND DEVELOPMENT REGULATION ACT" (FLORIDA STATUTES SECTIONS 163.3161 THROUGH 163.3243 INCLUSIVE) ALL AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ENTITLED "COMPREHENSWE PLAN AMENDMENT 2004-2" AND INCORPORATED HEREIN BY REFERENCE; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach exercised the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, via Ordinance No. 82-89, the City Commission adopted the document entitled "Comprehensive Plan - Delray Beach, Florida"; and WHEREAS, the Planning and Zoning Board, as Local Planning Agency, did prepare an amendment to the Comprehensive Plan entitled "Comprehensive Plan Amendment 2004-2; and, WHEREAS, the Planning and Zoning Board, as Local Planning Agency, following due public notice, held a public hearing on May 17, 2004, in accordance with the requirements of the "Local Government Comprehensive Planning and Land Development Regulation Act"; and WHEREAS, after the above referenced public hearing, the Planning and Zoning Board, as Local Planning Agency, recommended to the City Commission that the proposed Comprehensive Plan Amendment 2004-2 be transmitted; and WHEREAS, proposed Comprehensive Plan Amendment 2004-2 was submitted to and reviewed by the City Commission; and WHEREAS, following due public notice, the first of two required public hearings on Comprehensive Plan Amendment 2004-2 was held by the City Commission on June 8, 2004 (and continued to June 22, 2004) at which time it was authorized to be transmitted to the Department of Community Affairs for required review; and WHEREAS, Comprehensive Plan Amendment 2004-2 was found to be in compliance by the Florida Department of Community Affairs and the Department of Community Affairs did not identify any objections; and WHEREAS, following due public notice, the second of two required public heatings on Comprehensive Plan Amendment 2004-2 was held on October 19, 2004, in accordance with statutory requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, hereby declares its intent to exercise the authority granted pursuant to the provisions of Florida Statutes Sections 163.3161 through 163.3243, inclusive, known as the "Local Government Planning and Land Development Regulation Act". Section 2. That in implementation of its declared intent as set forth in Section 1 of this ordinance, there is hereby adopted the document entitled "Comprehensive Plan Amendment 2004-2, which is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the document entitled "Comprehensive Plan - Delray Beach, Florida" is hereby amended pursuant to the document entitled "Comprehensive Plan Amendment 2004-2. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 6. That this ordinance shall become effective upon the date a final order is issued by the Department of Community Affairs finding the amendment in compliance in accordance with Chapter 163.3184, F.S.; or the date a final order is issued by the Administration Commission finding the amendment to be in compliance in accordance with Chapter 163.3184, F.S. 2 ORD. NO. 29-04 PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2004. ATTEST M A Y O R City Clerk First Reading Second Reading 3 ORD. NO. 29-04 CITY OF DELRAY BEACH, FLORIDA Planning & Zoning Board Transmittal Public Hearing May 17, 2004 City Commission Transmittal Public Hearing June 22, 2004 City Commission Adoption Public Hearing October 19, 2004 CITY OF DELRAY BEACH, FLORIDA ~ TABLE OF CONTENTS ~ Pa~e TEXT CHANGES - (CITY INITIATED) I Description of the Medium Density FLUM designation, Future Land Use Element. 2 Descriptions of Commercial Land Use FLUM designations, Future Land Use Element. 5 Description of Rural Residential FLUM designation, Future Land Use Element. 6 Table L-7 - Land Use Designation/Zoning Matrix, Future Land Use Element 6 Description of Community Facility FLUM designation, Future Land Use Element. 7 Map #17, Intermodal Facilities, Transportation Element 7 Policy D-3.1, Transportation Element (Transportation Surveys) 7 Policy D-3.2, Transportation Element (TCEA - Transportation Management Association) 8 Policy D-3.3, Transportation Element (TCEA - TDM) 8 Policy D-3.5, Transportation Element (TCEA - Bicycle Facilities) 9 Policy D-3.6, Transportation Element (In-Town Shuttle) 9 Policy D-3.8, Transportation Element (TCEA - Signage) 9 Policy D-3.10, Transportation Element (TCEA- Sidewalks) 9 Map #22, Residential Neighborhood Categorization Map, Housing Element 10 Objective B-5 and Policies B-5.1 to B.5.4, Public Facilities Element (10- Year Water Supply Facilities Work Plan) 10 Policies B-1.1 and B-1.8, Conservation Element (FIND Parcel 650) 11 Objective A-5 and Policy A-5.1, Conservation Element (Regional Water Supply) 12 Policy A-2.14, Open Space & Recreation Element (Parks & Recreation Master Plan) 12 Policy A-2.15, Open Space & Recreation Element (Old School Square Urban Park) 12 Policy A-1.11, Intergovernmental Coordination Element (Regional Water Supply) 12 Table CI-ClP, Table CI-CIP (5-Year Capital Improvements Schedule For Projects > $25,000), Capital Improvement Element 13 Table SD-CIP, School Distdct of Palm Beach County Six Year Capital Improvement Schedule, Capital Improvement Element 13 School District Map Series, Public Schools Facilities Element 14 Public Schools Facilities Element Appendices 14 Public Schools Facilities Element- Text changes to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule and the deleted Appendices. 14 "First FTE Student Count" Definition, Public Schools Facilities Element 14 Policy A-1.1, Public Schools Facilities Element (LOS standard) 15 Policy A-3.1, Public Schools Facilities Element (intergovernmental coordination) AMENDMENTS TO THE FUTURE LAND USE MAP- (PRIVATELY INITIATED) 16 The Cottages at Banyan Village AMENDMENTS TO THE FUTURE LAND USE MAP - (CITY INITIATED) 16 West Atlantic Avenue Overlay District CITY OF DELRAY BEACH, FLORIDA CITY INITIA TED TEXT CHANGES FUTURE LAND USE ELEMENT 1) Location: Pg. FL-42, Description of the Medium Density FLUM designation. Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Change: REVISION Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwellinq units per acre, except within the portion of the Southwest Neiqhborhood Area Overlay District, between the commercial area alonq West Atlantic Avenue and SW 2® Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject to Conditional Use approval and the recommendations and strateqies outlined in the Southwest Area Neiqhborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. Comment: This revision is being made to address recommendations and strategies in the adopted Southwest Area Neighborhood Redevelopment Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Redevelopment Plan. Future Land Use Element Policy C-1.7 The following pertains to the Southwest Neighborhood Redevelopment Area: This area is generally defined as the area bounded by West Atlantic Avenue on the north, SW 10th Street on the south, Interstate 95 on the west, and Swinton A venue on the east. Many of parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Redevelopment Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub-areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. An implementation strategy identified in the Southwest Area Neighborhood Redevelopment Plan is zoning and density bonuses as follows: By using its land use ordinance, the city can create value for a site by upgrading the land use or density allowed as well as by creating disincentives for development in competing areas. It is important to note, however that increased density might not translate into increased value if the market cannot support the size of the project. The City has currently utilizes this approach in zoning the north portions of the study area as mixed-use residential which allows for a mix of retail, commercial and residential. Within the Northwest Quadrant sub-area, a goal is to provide significant redevelopment which includes a variety of townhome choices to provide both ownership and rental opportunities for residents with a mix of incomes and lifestyles. The residential choices are to be dispersed throughout the northern portion of the neighborhood to provide transition between the higher density apartment buildings along SW Ist Street and the single family homes located primarily south of SW 2naStreet. During the development of the Neighborhood Plan, it was acknowledged that any potential increases in density (greater than the current maximum of 12 units per acre) would only occur for the area north of SW 2"d Street, which is currently zoned RM (Medium Density Residential) and allows multiple family development. This area serves as a transition from the higher intensity commercial area along West Atlantic Avenue and the single family zoned area south of SW 2nd Street. It is also acknowledged that incentives are needed to attract the redevelopment activity anticipated by the plan and accommodate the desired mix of housing. The increased density to a maximum of 24 units per acre will provide an incentive; however, any density increase that exceeds 12 units per acre will be subject to Conditional Use approval and (2) compliance with the recommendations and strategies of the Southwest Area Neighborhood Redevelopment Plan. See Location Map attached as Support Document #1. 2) Location: Pg. FL-42 to FL-43, Descriptions of Commercial Land Use FLUM designations. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including'commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special oveday district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to of 50% of the total floor area within the West Atlantic Redevelopment Area (GC Overlay), and up to 15% of the total floor area elsewhere in the City with a GC FLUM designation. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except within the West Atlantic Avenue Redevelopment Area Overlay where the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval and in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. [Revised by Amendment 00-1]; [Revised by Amendment 99-1] Change: REVISION COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. (3) A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may compdse up to 50% of the total floor area, within the West Atlantic Avenue Redevelopment Area. Aisc, within the West Atlantic Avenue Redevelopment Area, the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval. General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation when located in the special oveday district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to of 50% of tho tot~! floor ~ro~ within tho West At!~ntic ~,..4 .... ~ ..... , A.,... ~r, ,.~ .... ,.~,,~ '-'"'~ up to 15% of the total floor area. ~,, ..... ~,,.,.,. ~,, ,~,,. r.~, ..... .'*h -. ~r' ~,,~A de,ignition. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except within the West At!3nt!c Avenue Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. Comment: These changes are being made to address recommendations in the adopted Downtown Delray Beach Master Plan. Pursuant to the following Future Land Use Policy, future development and redevelopment in this area shall be consistent with the adopted Master Plan. Policy, C'-4.2 The "Downtown De/ray Beach Master P/an" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the At/antic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of De/ray Beach, while still retaining the "village like, community by-the- sea" character of the CBD. The P/an addresses a wide range of issues including inN/development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of De/ray Beach. Future development and redevelopment in this area shall be consistent with the Master P/an. The above policy and adopted Downtown Deiray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-I-A. The Master Plan is the citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. A directive of the Plan was to create design (4) guidelines (LDRs) to guide future development in the downtown area. The City has recently adopted the design guidelines. During the development of the Master Plan three neighborhoods and districts were identified: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). In conjunction with the text amendments, the City is processing a Future Land Use Map amendment from General Commemial (GC) to Commercial Core (CC) and rezoning from GC to CBD (Central Business District) for the West Atlantic commercial corridor. This is just a minor part to address the numerous recommendations called for in the plan to address the goal for unity. See Support Document #2- West Atlantic Avenue Oveday District - FLUM " Amendment and Rezoning staff report (Agenda Item III.A.2B) 3) Location: Pg. FL-41, Description of Rural Residential FLUM designation. RESIDENTIAL LAND USES: There are three categories of residential land use. Rural Residential: This designation is applied to land which is currently in a rural state (no central water, central sewer, nor parcels less than one acre in area) and which is to remain in such a state. Agricultural uses and the keeping of livestock would be accommodated in these areas as would other uses which are appropriate in a rural setting. Minimum lot sizes for residential would be three acres with other uses to be accommodated on parcels of not less than ten acres. Change: REVISION RESIDENTIAL LAND USES: There are three two categories of residential land use. n~r~l ef~f~ [n~ ~nfrol ~of~r ~nfr~l e~sA~r n~r horatio I~oo fh~n nn~ ~r~ in Comment: This change Js being made to eliminate an unnecessa~ FLUM designation which no longer exists within the City. (5) 4) Location: Pg. FL-46, Table L-7- Land Use Designation/Zoning Matrix. Change: REVISION Comment: This change is being made to eliminate an unnecessary FLUM designation which no longer exists within the City. See Support Document #3 for revised Table. 5) Location: Pg. FL-44, Description of Community Facility FLUM designation. COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. A suffix to the Community Facilities designation is sometimes shown on the Future Land Use Map to denote its approved function. These suffixes include: P (Public Buildings), R (Recreational Facilities), C (Churches), S (Schools), H (Hospitals), O (Conference / Other), SW (Solid Waste Facility). Change: REVISION COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. (6) Comment: The suffixes in the Community Facilities designation are being eliminated to simplify the number of Land Use categories in the City. The use of suffixes is for informational purposes only and does not denote any limitation of use nor prohibit any use allowed in the CF designation. Furthermore, all parcels with a Community Facilities FLUM designation, either with or without a suffix, are included in the CF (Community Facilities) zoning designation. Therefore, removal of the suffix represents no change in the intensity or uses on parcels with this designation. TRANSPORTATION ELEMENT 6) Location: Pg. TR-30, Modification of Map #17, Intermodal Facilities. See existing map attached as Support Document #4 Change: REVISION Comment: This change is being made to reflect current Palm Tran routes throughout the City. See revised map attached as Support Document #5. 7) Location: Pg. TR-47, Policy D-3.1 (Transportation Surveys) Policy D-3.1 In cooperation with the Flodda Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 97/98. Change: REVISION Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 9~7-/98 06/07. Comment: This change is being made to extend the date to accomplish the task. 8) Location: Pg. TR-48, Policy D-3.2 (TCEA - Transportation Management Association) Policy D-3.2 An analysis shall be made by FY 98/99, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such (7) time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Change: REVISION Policy D-3.2 A .... ,,,o.'o oho, ~....-....~.. ~,, =v ~/99, An analysis shall be made by FY 07/08 based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. Comment: This change is being made to extend the date to accomplish the task. 9) Location: Pg. TR-48, Policy D-3.3 (TCEA - TDM) Policy D-3.3 The City shall adopt changes to the Land Development Regulations that require major developers (more than 50 employees) locating within the TCEA to submit a program to implement employer based TDM activities. This activity shall be completed in FY 97~98. Change: DELETION Comment: This task was completed in 1998 by City Ordinance #36-98 (10/6/98). 10) Location: Pg. TR-48, Policy D-3.5 (TCEA - Bicycle Facilities) Policy D-3.5 The City and CRA shall, by FY 98/99, install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Change: REVISION Policy D-3.5 The City and CRA shall, b~, on a continuin.q basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. Comment: The Land Development Regulations currently require the provision of bicycle facilities for all new projects in the TCEA. This change is being made to assure that adequate facilities are maintained. (8) 11) Location: Pg. TR-48, Policy D-3.6 (In-Town Shuffle) Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuffle system by the year 2000 to serve the downtown, Tri-Rail, and the beach with headways of 10-12 minutes. Change: REVISION Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2000 2005 to serve the downtown, Tri-Rail, and the beach with headways of 4~-l.2-mim=~s 20 - 30 minutes. Comment: This change is being made to extend the date to accomplish the task and to provide for more realistic headway times. 12) Location: Pg. TR-48, Policy D-3.8 (TCEA - Signage) Policy D-3.8 The City and TMA, if and when established, shall improve utilization of the existing municipal parking lots in the TCEA through improved signage and public awareness. This task shall be accomplished by FY 98/99. Change: DELETION Comment: This task was completed in 2002 with Phase 2 of the Wayflnder Sign project. 13) Location: Pg. TR-48, Policy D-3.10 (TCEA - Sidewalks) Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02/03. Change: REVISION Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 02!0307/08. Comment: This change is being made to extend the date to accomplish the task. HOUSING ELEMENT · !4) Location: Pg. HO-22, Map #22, Residential Neighborhood Categorization Map See existing map attached as Support Document #6 (9) Change: REVISION Comment: This change is being made to reflect existing land use and boundary changes. See revised map attached as Support Document #7. PUBLIC FACILITIES ELEMENT 15) Location: Pg. PF-15, Objective B-5 and Policies B-5.1 to B.5.4 (10- Year Water Supply Facilities Work Plan) Objective B-5 To ensure that there is an adequate water supply to meet existing and projected potable water needs, the following policies shall be implemented. Policy B-5.1: The City shall adopt a 10-Year Water SuPply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of altemative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. Policy B-5.2: The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. Policy B-5.3: The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. Policy B-5.4: The City will maintain a current five-year schedule of capital improvements to the Water Supply System. Change: ADDITION Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. The 10-Year Water Supply Facilities Work Plan will be adopted with the EAR in 2006. CONSERVATION ELEMENT 16) Location: Pg. CO-14, Policies B-1.1 and B-1.8 (FIND Parcel 650) Policy B-1.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1. Change: REVISION (10) Policy B-I.1 Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. Policy B-1.8 FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. .. Change: ADDITION Comment: The proposed policy is being added to maintain internal Plan consistency between the Conservation Element and the Open Space and Recreation Element, which states that there is a current deficiency in the category of boat ramps and that this deficiency will be eliminated through the development of FIND parcel MSA 650, or the construction of additional boat ramps at Knowles Park. It is further stated that this deficiency occurs again at buildout. The deficiency is addressed in Open Space and Recreation Element Policy B-3.1 stated as follows: "Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650).' Additional language within the "Needs and Recommendations" section of the Open Space and Recreation Element states as follows: "Opportunities may exist for providing additional access to the Intracoastal Waterway, preserving natural areas, and providing public park areas through development of the FIND parcel (MSA 650), additions to the boat ramps at Knowles Park, and enhancement of existing street ends at the Intracoastal Waterway." 17) Location: Pg. CO-13, Objective A-5 and Policy A-5.1 (Regional Water Supply) Objective A-5 To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. Policy A-5.1 During preparation of the Evaluation and Appraisal Report, due in 2006, the City shall revise the Conservation Element to access projected water (11) needs and sources for at least a 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. Change: ADDITION Comment: Revisions to the Conservation Element to accomplish this objective are required to meet new state requirements to strengthen coordination of water supply and local land use planning. OPEN SPACE AND RECREATION ELEMENT 18) Location: Pg. OS-19, Policy A-2.14 (Master Plan) Policy A-2.14 All planning for parks and recreational facilities shall be in- accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. Change: ADDITION Comment: This Policy is being added to reflect adoption of the City of Delray Beach Parks and Recreation System Master Plan and state that future planning must be in accordance with Master Plan. 19) Location: Pg. OS-19, Policy A-2.15 (Old School Square Urban Park) Policy A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. Change: ADDITION Comment: Current plans for the facility include an urban park as a design element. This Policy is being added in consideration of those plans. INTERGOVERNMENTAL COORDINATION ELEMENT 20) Location: Pg. IC-21, Policy A-1.11 (Regional Water Supply) Policy A-1.11: The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the .amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency / Zoning Board, or the City Commission. Change: ADDITION (~2) Comment: These changes are required to meet new state requirements to strengthen coordination of water supply and local land use planning. The policy has been added to ensure coordination of the Comprehensive Plan with the regional water supply plan. CAPITAL IMPROVEMENT ELEMENT 21) Location: Pg. Cl-28 to Cl-30, Table Cl-ClP, Table CI-ClP (5-Year Capital Improvements Schedule For Projects > $25,000) See existing table attached as Support Document #~ Change: REVISION Comment: This table was originally revised to reflect implementation of the $24 Million Parks and Recreation Bond and was transmitted to DCA with this amendment for review. However, since that time, the City Commission has adopted the Capital Improvement Plan (CIP) for FY2004-05 - FY2008-09. Therefore, additional modifications to the' table have been included to reflect the new CIP. See revised table attached as Support Document #9. 22) Location: Pgs. Cl-32 to Cl-34, Table SD-ClP, School District of Palm Beach County Six Year Capital Improvement Schedule See existing table attached as Support Document #10 Change: REVISION Comment: This table is the updated School District's Six Year Capital Improvement Schedule referenced in CIP Element Policy A-8.3. See revised table attached as Support Document #11. PUBLIC SCHOOLS FACILITIES ELEMENT 23) Location: Pgs. PS-10 to PS-15, School District Map Series See the following existing maps attached as Support Document #12 · Map PS 1.1 - Concurrency Service Areas · Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity, Confirmed Sites · Map PS 3.2 - Planned Additional Capacity, Schools Without Confirmed Sites · Map PS 3.3 - Projected Additional Facility Demand 2004/05 to 2009/10 · Map PS 3.4 - Projected Additional Facility Demand 2009/10 to 2019/20 Change: REVISION (13) Comment: These are the latest maps from the Palm Beach County School District. Map PS 3.2 was eliminated and PS 3.3 and 3.4 were combined. See revised maps attached as Support Document #13. · Map PS 1.1 - Concurrency Service Areas Map PS 2.1 - School Facility Locations · Map PS 3.1 - Planned Additional Capacity · Map PS 3.3 - Projected Additional Facility Demand 2004 - 2015 24) Location: Pgs. PS-48 to PS-56, Appendices See the existing appendices attached as Support Document #14. Change: DELETION The materials contained in the appendices are produced and maintained by the School District and provided to the City for informational purposes. They are not required to be included in the City's Comprehensive Plan. 25) Location: Pgs. Throughout the Element See amended pages attached as Support Document #15 Change: REVISIONS Comment: These are minor text changes throughout the element to amend references to the updated Map Series; updated Six Year Capital Improvement Schedule; and the deleted Appendices. 26) Location: Pg. PS-22, Definitions FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. Change: ADDITION Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. 27) Location: Pg. PS-22, Policy A-1.1 (LOS Standard) (14) Poli(;:y A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first student count of the second semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Change: REVISION policy A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count of thc zecc,",d semester reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existinq school, the existinq school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. 28) Location: Pg. PS-22, Policy A-3.1 (Intergovernmental Coordination) Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually amend Table SD-CIP of the Capital Improvement Element (School District of Palm Beach County Six-Year Capital Improvement Schedule), to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Change: REVISION (15) Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually ame.".d Tab!e SD-C!P of the I mnrn~m~nf .... ~, ..................... ( adopt the updated School District of Palm Beach County Six-Year Capital Improvement Schedule~ by reference or follow other procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. Comment: This change is being made to maintain consistency with the recently amended Interlocal Agreement. AMENDMENTS TO THE FUTURE LAND USE MAP PRIVA TEL Y INITIA TED FUTURE LAND USE MAP AMENDMENT: · Privately Initiated Future Land Use Map (FLUM) Amendment From LD (Low Density Residential 0-5 du/ac) to MD (Medium Density Residential 5-12 du/ac) For The Cottages at Banyan Village, Located at the Southwest Corner of South Swinton Avenue and SW 10th Street. See Support Document #16 - Cottages at Banyan Village - FLUM Amendment and Rezoning staff report & FLUM Amendment legal description. CITY INITIA TED FUTURE LAND USE MAP AMENDMENTS: · City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW 1st Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Oveday District. See Support Document #2 - Location Map - FLUM Amendment Area; FLUM Amendment legal description; and West Atlantic Avenue Overlay District - FLUM Amendment and Rezoning staff report. s:\planning & zoning~longrange\compXamend 04-2~adopt\04-2 amendment - city commission final.doc (16) CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #1 Location Map Area Proposed For Increased Density Within the Southwest Neighborhood Area SD #t llTIIl~kli ! I~1 °~ ~lil riil~t~l!.,_![,,,,~ I I I 'i~AY a~'M'i,I ~11 = Iii ~ .IL ~H ~°~ '3A¥ ~,~ 'M'N Z > I 0 .~ ~ I ili. ~.~ll,i IIIIII!11~ ~J !~ L ~ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #2 Location Map- FLUM Amendment Area FLUM Amendment Legal Description & West Atlantic Avenue Overlay District FLUM Amendment and Rezoning Staff Report SD #2 WEST ATLANTIC OVERLAY AREA LEGAL DESCRIPTIONS FOR FLUM AMENDMENT FLUM: GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE), LOTS 1-11, INCLUSIVE/LESS PJW SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOG ETHER WITH; LOTS 1-11, INCLUSIVE/LESS R/W SR 806/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 8, ATLANTIC GARDENS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 63, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ~- TR$ B & C, BELAIR HEIGHTS REPLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 73, PAGE 17, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 & 2, LOTS 7-11, INCLUSIVE, AND LOTS 17 - 20, INCLUSIVE, BLOCK 1, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-6, INCLUSIVE, AND LOTS A & B, BLOCK 2, BELAIR HEIGHTS, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 20, PAGE 45, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5 INCLUSIVE /LESS RJW SR 806/, MYRICKS SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10 PAGE 79, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 145 FT OF N 290 FT OF E 147 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 50 FT OF S 300 FT OF E 145 FT OF LT 9, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1 PAGE 4 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 80 FT OF E 300 FT OF S 130 FT OF N 145 FT OF LT 9 /LESS PJW SR 806/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-11 INCLUSIVE /LESS N 20 FT/, LOTS 12-16, INCLUSIVE AND LOTS 21-25, INCLUSIVE, BLOCK 5, SUBDIVISION OF BLOCK 5, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 72, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 365 FT OF N 385 FT OF W 135 FT OF BLK 13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S80FTOFN 100FTOFE150FT&S250FTOFN350FTOFE135FTOFBLK13, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 290 FT OF N 310 FT/LESS E 5 FT SW 5TM AVE R/W/OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 150 FT OF S 294.28 FT OF BLK 21, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 9-11, INCLUSIVE, BLK 22, SUBDIVISION OF THE NORTH HALF OF BLOCK 22 TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-3, INCLUSIVE, BLK 30, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT, CHECKERS ATLANTIC - DELRAY PLAT, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 71, PAGE 192, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT /LESS N 20 FT ATLANTIC AVE R/W/, BLK 29, RESUBDIVISION OF BLOCKS 29 & 37, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 9, PAGE 66, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 30.5 FT OF LT 5 & N 19.5 FT OF LT 6, BLK 29, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; 2 LOTS 1-4, INCLUSIVE/LESS N 20 FT SR 806 RD R/W/, BLK 53, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-14 INCLUSIVE /LESS S 20 FT SR 806 RD R/W/, LOTS 34 & 35, BLK 1, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 2-7, INCLUSIVE/LESS S 20 FT SR 806 RD R/W/, LOTS 9-11, INCLUSIVE & LOTS 30-32, INCLUSIVE, BLK 2, ATLANTIC PINES, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGE 77, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1 & ABANDONED S 9 FT ALLEY LYG N OF & ADJ TO/LESS E 10 FT/AND LOT 6 & ABANDONED S 11 FT ALLEY LYG N OF & ADJ TO, BLOCK 6, WHIDDENS SOBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 58, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; W 274.8 FT OF S 1/4 OF LOT 10/LESS E 10 FT NW 9TH AVE R/W, W 25 FT NW 10TH AVE RNV & SR 806 ROAD R/W/, SUB OF 17-46-43, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 4, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT LYG ELY OF & ADJACENT TO NW 9TH AVE R/W AS IN OR4465P1517/LESS E 25 NW 8TM AVE PJW & SR 806 ROAD R/W/, FENNOS J G SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 89, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; PARCEL A, DELRAY AMOCO, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 69, PAGE 38, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; N 100 FT OF W 130.44 FT OF S 1/2, N 142.1 FT OF W 130.44 FT OF E 155.44 FT OF E 1/2 OF S 1/2 & W 76 FT OF E 101 FT OF N 120 FT OF S 140 FT OF E 1/2 OF S 1/2, BLK 4, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; S 1/2 OF BLK 12/LESS S 20 FT SR 806 RD R/W/, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 26, BLK 12, MONROE SUBDIVISION, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 14, PAGE 67, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 3 TOGETHER WITH; N 250 FT/LESS W 135 FT/, BLK 20, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; E 165 FT OF S 135 FT & N 70 FT OF S 205 FT OF E 135 FT, BLK 19, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1 - 8, INCLUSIVE, MELVIN S BURD SUB, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 11, PAGE 73, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 1-5, INCLUSIVE, REPLAT OF PART OF BLK 27, TOWN OF LINTON, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 21, PAGE 43, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOTS 7 & 8, BLK 27, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 1, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; LOT 4 & N 50 FT OF LOT 5 & ABND 16 FT ALLEY LYG E OF & ADJ TO, BLK 28, TOWN OF DELRAY, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 3, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TOGETHER WITH; ALL OF PLAT/LESS TR C-3/, ATLANTIC GROVE, A SUBDIVISION IN PALM BEACH COUNTY, FLORIDA AS PER THE PLAT THEREOF RECORDED IN PLAT BOOK 96, PAGE 55, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; s:\planning & zoning\longrange\comp\amend 04-2~004 west atlantic avenue overlay flum amendment legal descriptions.doc 4 THRU: PAUL DORLING, DI F PLANNING AND ZONIN FROM: JEFFREY A. COSTELLO, ASSISTANT PLANNING DIRECT~ SUBJECT: MEETING OF JUNE 8, 2004 CITY INmATED FUTURE LAND USE MAP AMENDMENT FROM GC (GENERAL COMMERCIAL) TO CC (COMMERCIAL CORE) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NWISW IsT AVENUE (100 BLOCK) AND NWISW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. The adopted Downtown Delray Beach Master Plan establishes a blueprint for the revitalization ~ and unification of the City's downtown area, which is generally defined as the entire business cordd0r from 1-95 to Ocean Boulevard (A-l-A) and is divided into three districts. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. The properties in question are located within the West At/antic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The subject properties encompass 41.81 acres. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The Future Land Use Map amendment is associated with a City initiated rezoning from GC (General Commercial) to CBD (Central Business District), which has also been scheduled for this City Commission meeting. The FLUM amendment and rezoning originally included the portion of the tennis center property that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the property, the tennis center property is being eliminated from this Comprehensive Plan Amendment. A separate Future Land Use Map amendment and rezoning for a portion of the property to CBD may be considered with a future Comprehensive Plan Amendment. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that pdmadly related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the Future Land Use Map amendment and associated rezoning of the existing commercially zoned properties to CBD was to apply one continuous zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed FLUM amendment and rezoning. Move to approve on first reading the Future Land Use Map amendment from GC (General Commercial) to CC (Commercial Core), by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets cdteda set forth in Chapter 3 of the Land Development Regulations. Attachments: Planning and Zoning Board staff report of May 17, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH mSTAFF REPORT-, MEETING DATE: May 17, 2004 AGENDA ITEM: III.A~2.B. ITEM: cityinitiated Future Land Use Map Amendment from GC (General COmmercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NW/SW I s~ Avenue (100 Block) and NW/SW 12t~ Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (QuaSi-Judicial Hearing). GENERAL DATA: Owner ........................................... City Initiated Location ........................................ Generally located on the north and south sides of West Atlantic Avenue between NW/SW I s, Avenue (100 Block) and NW/SW 12~ Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community FacUlties-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM West: GC & RM Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... n/a Sewer Service ............................... n/a III_A.2. The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Oveday District Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: · Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown De/ray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the 'Village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-I-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking Iot'is seldom used to its maximum capacity, except during special events and for a few days during the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The'following pertains to the Atlantic Avenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West At/antic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the gOals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities - Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards". A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. .- Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. REQUIRED FINDINGS {Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 (Basis for Determinin.q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 {Standards for Rezonin.q Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5(D)(5) (Rezonin.q Findin_¢ls}: Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c": based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment A,qency: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Paradise Heights · Chamberof Commerce · PROD (Progressive Residents of Delray) · Delray Merchants Association · President's Council · Ebony of Delray · West Settlers Historic District · Gateway · West Side Heights · Lincoln Park Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1st Avenue (100 Block) and NW/SW 12~h Avenue (1200 -' Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. C. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. ~'-~::::i:~::::~: .. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SVV 1s' Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map · Current & Proposed Zoning Map 3~N3A~ . CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #3 Future Land Use Element Revised Table L-7- Land Use Designation/Zoning Matrix SD #3 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #4 Transportation Element Existing Transportation Element Map #17, Intermodal Facilities SD ~4 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA N.T.S. .GULFSTREAM BLVD COCONUT LN CITY LIMITS L- L NE8 ST I--- PALM TRAN SATELLffE NE 1 ST -~ ii F -"~[ FACILI3Y ~ L ATLANTIC , s~ OCEAN I_ LOWSON BLVD (S 10 ST) rlt ............. PARK-N-RIDE LOT SOURCE: PALM TRAN. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS. INTERMODAL FACILITIES MAP #17 LEGEND~ ~- ROUTE 24 ~- ROUTE TR7 ----- ROUTE 3 APRIL 2001 ~- ROUTE 2 =.,==- ROUTE ls · - EXISTING FACILITY ~- ROUTE 26 ~- ROUTE 25 m~ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #5 Transportation Element Updated Transportation Element Map #17, Intermodal Facilities SD #5 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA , I ! $OURCF: PALM TRAN, PALM BEACH COUN'P[ BOARD OF COUNTY COMMISSION[RS. INTERMODAI. FA£1LITIE5 ~- ROUTE 81 ----- ROUTE 5 MAY 200~. ~- ROUTE 2 ~- ROUTE 1 · - EXISTING FAClU'Pr ~- ROUTE 80 ~- ROUTE 70 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #6 Housing Element Existing Map #22, Residential Neighborhood Categorization SD #6 COMPREHENSIVE PLAN ~ GULF STRE ~i )UVO.. DELRAYBEACH, FLORIDA~ '--'0 CANAL . = ~ ~ ~o~ A~ANTIC1 ~ A~, ~ m ~ ,~ ~ ~1" J~ I~ ~ I I ~ RESIDENTIAL NEIGHBORHOOD EA TE~ORIZA TION ~AP "'~ I ~AP ~22 G~H~ ~ ~GEND: STB - ST~LE RHB - RE~BI~ATION ~ o~ ~Y S~H. P~ · Z~ ~ STBLZ - STABiLI~TION RDV - RED~ELOPMENT ~R~ ~ ~ - R~IT~TION CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #7 Housing Element Updated Map #22, Residential Neighborhood Categorization SD #7 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA L-50 CANAL ~ STB LAKE IDA ROAD ~ STB RVZ STB N.W. STB STB RHB STBLZ LOWSON BOULEVARD -, STB ~ STB LIN TON 80ULEVARD STB ~ STB ~u STB CANAL C-15 CANAL /~ RESIDENTIAL NEi5HBORHO OD CATESORIZATION MAP I M,,~ I AIAP #22 GRAPHIC SCALE LEGEND: STB - STABLE RHB - REHABILITATION CITY OF DELRAY BEACH, FLORIDA PLANNING & ZONING DEPARTMENT STBLZ - STABILIZATION RDV - REDEVELOPMENT ~u,Y 2oo4 RVZ - REVITALIZATION CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #8 Capital Improvement Element Existing Table CI-CIP, Five Year Capital Improvements Schedule For Projects > $25,000 SD #8 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000 0 0 0 Delray Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks 105,000 0 0 0 TOTALS: $135,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 0 0 0 0 Swinton Ave Phase II 250,000 0 0 0 Linton Blvd (Congress & Military Trail) 292,500 0 0 0 Exotic Tree Removal 35,000 30,000 30,000 0 Pineapple Grove Uplights 30,000 0 0 0 0 Computerized Irrigation System 25,000 25,000 25,000 25,000 0 Fire Headquarters Entrance Upgrade 55,000 0 0 0 0 City Wide Tree Trimming - Equipment 0 0 0 133,000 0 TOTALS: $727,500 $55,000 $55,000 $158,000 $0 BEACH RESTORATION FUND Surveys 38.935 40,492 42,112 43,797 45,548 Engineering 0 0 0 278,000 93,000 Beach Tilling 12,000 12,360 i 12,720 0 0 Construction - Bid 0 0! 0 0 23,500 Post Construction Environ I 0 0! 0 0 265,000 Sea Turtles Monitoring 27,305 27,3001 27,300 16,300 16,300 Dune Revegetation 50,000 01 0 0 0 Update Geotech 0 0 150,000 0 TOTALS: $128,240 $80,152 $82,132 $488,097 $443,348 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 100,000 140,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Downtown Parking Lots 0 0 110,000 0 0 Traffic Calming 52,000 100,000 100,000 104,000 104,000 Ne 4th Ave-E Atlantic Ave to NE 2nd St 0 626.000 0 0 0 Transit Stops Bus Shelters 266,200 0 0 0 0 Royal Palm Drive 100,000 0! 0 0 0 Osceola Park 483,000 483,000 0 0 0 Country Club Acres 360,000 0 0 0 0 Atlantic Ave/NW 24th Ave Turn Lanes 250,000 0 0 0 0 SW 2nd Av-SW 1st St to Atlantic Av 115,000 0 ! 0 0 0 SE-NE 1st Street One-Way Pair 105,000 700,0001 0 0 0 Bridge - Linton Blvd Tender House 141,000 0 0 0 0 SW 1st Av-SW 1 st St to W Atlantic Av 0 0 0 0 115,000 Dotterel Road-Audubon Blvd to N End 0 0 0 403,000 0 Dixie Highway-US I Connector 0 106,000 0 0 0 Pineapple Grove-Sidewalks 0 0 0 0 173,000 Building Construction/Rehabilitation Public Works-Storage Building/Fire Bay 0 271,000 0 0 0 Delray Beach Library Building 6,500,000 0 0 0 0 Old School Square-Hurricane Shutters 0 0 247,000 0 0 Cemetery Maintenance Building 0 0 0 115,000 0 Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0 Beautification SW-NW 5th Av-SW 1st St to NW 2nd St 1,450,000 0~ 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,000 750,0001 5,000,000 0 0 W Atlantic Av - Ph III 0 2,013,000 0 0 0 W Atlantic Av - Ph IV 0 0i 1,725,000 0 0 SE 2nd St-S Swinton Av to FEC X-ing 0 0; 0 0 173.000 Parks & Recreation Facilities Tennis Center-Equipment Storage Enclosure 0 0 0 0 70,000 Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 Tennis Center-Replace Stadium Seats 0 0 0 0 70,000 Tennis Center-Equipment 0 0 0 0 125,000 Pompey Park/Community Center Bleachers 0 55,000 0 0 35,000 Intracoastal Park 1.000,000 0 0 0 0 Parks-Replace Playground Equip. 75,000 30,000 0 0 30,000 Parks-Parking Lots 0 0 140,000 0 Plumosa Park 225.000 0 0 0 0 [Revised by Amendment 04-1] CI-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~25T000 Me;riff Park 0 0 30,000 0 0 Parking Meters-Multi-Space Metedng 0 0 225,000 0 0 Old School Square Maintenance 36,000 0 0 0 0 Miller Park-Parking Lot Expansion 0 0 0 90,000 0 Miller Park Storage Building 000 0 175,000 0 Miller Park-Fence Replacement 0 0 120,000 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Building & Equip. Renewal & Replacement City Hall Space Study 75,000 01 0 0 0 Building Maintenance 100,000 100,000 150,000 150.000 150,000 Roof Repair & Replacement 103,000 0 40,000 0 284,500 !HR Remodeling 0 0 79,000 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 1 50,000 180,000 180,000 180,000 180,000 Fire - Additional Parking 0 0 0 120,000 0 Fire-SCBA Upgrade 36,700 0 0 0 0 Fire-MDT for FD Vehicles - Repeaters 310.000 0 0 0; 0 Fire-Space AIIoication & Design-FD Headquarters 0 0 42,000 0i 0 Fire-Upgrade Generator FS #1 & 2 0 200,000 0 01 0 Police Hurricane Shutters 0 50.000 0 0 0 Police-New Phone System 180,000 0 0 0 0 Police-Replacement Laptop Computers 0 0 150.000 250,000i 200,000 Polica-Citrix License 0 0 0 01 39,000 Police - Upgrade Cellular Data Package 75,000 0 0 0 0 Public Works - Fleet Maintenance Software 62,000 0 0 0 0 iSedes Server-Police & City Hall w/Redundancy 460,000 0 0 0 0 Interactive Voice Response System 50.000 0 0 0 0 Intrusion Detection System 0 0 0 0 48,000 MS Content Management Licence~City Web Server 74,000i 0 0 0 0 MS Server License Agreement 50,000 28,000 28,000 28,000 28,000 Replacement Internal Building Data Cabling 0 0 200,000 200,000 0 Web-Enabled Applications 0~ 0 0 0 76,000 Citrix Metaframe 21,000 110,000 50,000 50,000 21,000 City Clerk-Papedess Agenda 0 46,200 0 0 0 City Commission Chambers Modemization 0 0 0 0 218,700 Other Miscellaneous Lifeguard Towers 0 0 90,000 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200.000 Fire-Substations Wireless Network 0 42,000 0 0 0 Beach Pavilion at A1A & Atlantic Avenue 0 0 0 0 175,000 TOTALS: $13,654,900 $6,640,200 $9,176,000 $2,635,000 $2,915,200 CITY MARINA FUND 0 Pier Construction 100,000 0 0 0 TOTALS: $100,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park-SW 6th Street 26,000 0 0 0 SCRVVTDB Pelletization Project 500,000 1,000,000 1,000,000 0 0 County Club Acres Improvements 475,000 0 0 0 0 Sludge Thickener-Additional 0 400,000 0 0 0 W Atlantic Ave Phase III-Water Main 0 120,000 0 0 0 West Atlantic Phase IV-Water Main 0 0 120,000 0 0 Greenbrier Drive-Sewer 0 0 117,000 0 0 TOTALS: $1,001,000 $1,520,000 $1,237,000 $0 $0 WATER/SEWER CONNECTION FEES Hospital Agreement 45.000 45,000 0 0 0 SCRWTDB Reclaimed Water System Expansion 312,500; 500,000 500,000 500,000 500,000 Reclaimed Water Transmission System 1,701,592i 600,000 600,000 0 0 TOTALS: $2,059,092 $1,145,000 $1,100,000 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214,000 214,000 165,500 165,500, 165,500 Lift Station Cony Submersible 100,000 100,000 100,000 100,000 100,000 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 270,000 215,000 270,000 270,000 270,000 Sewer Main Rehabilitation 500,000 500,000' 500,000 500,000 500,000 3,omputer Equipment 40,000 0 0 0 0 Other Machinery & Equipment 35,000 155,000 120,000 0 0 ~Vater Main-SW 12th Av/SW 11th Av/SW 3rd St 486,000 0 0 0 0 Water Main-Lake Ida Area 287.000 254,000 0 0 0 Water Main-Osceola Park 331,000 331,000 0 0 0 [Revised by Amendment 04-1] CI-29 TABLE CI-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25~000 Water Main-Palm Trail Neighborhood 204,000 0 414,000 0 0 Water Main-SW 3rd St/SW 3rd Av/SW 6th Ay 0 497,000 0 0 0 Water Main-SR A1A-E Atlantic Ay to Pelican Ln 0 458,000 0 0: 0 Water Main-SR A1A-Casuarina Rd to E Atlantic Ave 0 304,000 0 0i 0 Water Main-SW 10th & SW 15th Ave 0 0 238,000 0' 0 Water Main- North Lake Ida Area 0 0 228,000 0 0 Water Main-Seasage/Melaleuca/Tamarind 0 0 248,000 0 0 Water Main-US 1-SE 10th St to E Atlantic Ave 0 0 0 546,000 0 Water Main-SE 1st Ay-SE 3rd St to E Atlantic Ave 0 0 0 0 186,000 Water Main-US 1-E Atlantic Ave to George Bush Bird 0 0 0 0 546,000 Water Main-Sw 11th & SW 12th Avenue 0 0 0 0 147,000 Water Main-NW 12th St & Grove Way 0 0 0 0 393,000 Water Main-Delray Shores Neighborhood 0 0 0 0 673,000 Water Main-Dixie Highway-US 1 Connector 0 55,000 0 0 0 ASR Well Pump Repl & Well Development 100,000 0 0 0 0 TOTALS: $2,617,000 $3,133,000 $2,333,500 $1,631,500 $3,030,500 MUNICIPAL GOLF COURSE Other Machinery & Equipment 50,000 60,000 70,000 80,000 90,000 TOTALS: $50,000 $60,000 $70,000 $80,000 $90,000 LAKEVlEW GOLF COURSE Other Mach. & Equipment 0 0 25.000 30.000 35.000 TOTALS: $0 $0 $25,000 $30,000 $35,000 STOP,MWATER UTILITY General Stormwater Repairs 33.550 50,000 50.000 50.000 50.000 Swale Reconstruction 0 0 150.000 150,000 150.000 Tropic Isles CB P,&R 50.000 125.000 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0 370.000 0 0 0 Lake Ida Area 90.000 90.000 0 0 0; SW-NW 5th Ave-SW 1st St to W Atlantic Ave 100.000 0 0 0 0! Osceola Park 228.000 351,000 0 0 SW 2nd Ave-SW 1st St to W Atlantic Ave 86.000 0 0 0 0 Royal Palm Drive 73.000 0 0 0 0 DixieHighway-US 1 Connector 0 30.000 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 0 138,000 0 0 0 Pump Station Rehab 0 100.000 150.000 250.000 100.000 Rainberry Woods 100.000 0 0 0 Thomas St Pump Station Modifications 0 109,000 0 0 0 Seasage/Melaleuca/Tamarind 0 0 518.000 0 0 Dotteral Road-Audubon Blvd to N End 0 0 0 54.000 NE 4th St 0 0 0 109.000 SE 2nd St-S Swinton Ave to FEC X-ing 0 0 0 0 138,00(] SW 1st Ave-SW 1st St to W Atlantic Ave 0 0 0 0 86.00(] TOTALS: $660,550 $1,463,000 $868,000 $613,000 $524,000 CENTRAL GARAGE FUND Vehicle Replacement 654.320 1,100.000 1.175.000 1.250.000 1.750.000 Vehicle Restoration 85.000 85.000 85,000 85.000 85,000 Fire-ALS Rescue P,eplace 184.340 193.500 203,300 213.465 224.200 Fire-Ladder Truck Replacement 336.000 0 0 0 0 Fire-Equipment Pumper P,eplacement 354.400 0 0 400.800 0 Fire-Special Operation Truck 0 0 345,000 0 0 Transfer to General Fund-Fire Ladder Truck 215.000 0 0 0 0 TOTALS: $1,829,060 $1,378,500 $t,808,300 $1,949,265 $2,059,200 [Revised by Amendment 04-1] CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #9 Capital Improvement Element Updated Table CI-CIP, Five Year Capital Improvements Schedule For Projects · $25,000 SD #9 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~25,000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 164,000 700,000 0 0 0 Delray Swim & Tennis Club Ph II -Eqip 0 50,000 0 0 0 TOTALS: $164,000 $750,000 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0i 0 BikepathslSidewalks 105,000 0 0 0 0 TOTALS: $135,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Federal Highway Medians 40,000 0 0 0 0 Swinton Ave Phase II 250.000 0 0 0 0 Linton Blvd (Congress & Military Trail) 292.500 0 0 0 0 Exotic Tree Removal 35,000 30,000 30,000 0 0 Pineapple Grove Uplights 30,000 0 0 0 0 Computerized Irrigation System 25,000 25,000 25,000 25,000 0 Fire Headquarters Entrance Upgrade 55,000 0 0 0 0 City Wide Tree Trimming - Equipment 0 0 0 133.000 0 TOTALS: $727,500 $55,000 $55,000 $t58,000 $0 BEACH RESTORATION FUND Surveys 38,935 40.492 42,112 43,797 45,548 Engineering 0 0 0 278,000 93,000 Beach Tilling 12,000 12,360 12,720 0 0 Construction - Bid 0 0 0 0 23,500 Post Construction Environ I 0 0 0 0 265,000 Sea Turtles Monitoring 27,305 27,300 27,300 16,300 16,300 Dune Revegetation 50,000 0 0 0 Update Geotech 0 0 0 150,000 0 TOTALS: $t28,240 $80,152 $82,132 $488,097 $443,348 GENERAL CAPITAL IMPROVEMENTS Streets, Alleys, Parking Lots, BHdges & Sidewalks Street Reconstruction 100,000 100,000 140,000 150,000 150,000 Sidewalks/Swales 0 0 50,000 50,000 50,000 Downtown Parking Lots 0 0 110,000 0 0 Traffic Calming 52,000 100,000 100,000 104,000 104,000 Ne 4th Ave-E Atlantic Ave to NE 2nd St 0 626,000 0 0 0 Transit Stops Bus Shelters 266,200 0 0 0 0 Royal Palm Ddve 100,000 0 0 0 0 Osceola Park 483,000 483,000 0 0 0 Country Club Acres 360,000 0 0 0 0 Atlantic Ave/NVV 24th Ave Turn Lanes 250,000 0 0 0 0 SW 2nd Av-SW 1 st St to Atlantic Av 115,000 0 0 0 0 SE-NE 1 st Street One-Way Pair 105,000 700,000 0 0 0 Bridge - Linton Bird Tender House 141,000 0 0 0 0 SW 1 st Av-SW I st St to W Atlantic Ay 0 0 0 0 115,000 Dotterel Road-Audubon Bird to N End 0 0 0 403,000 0 Dixie Highway-US I Connector 0 106,000 0 0 0 Pineapple Grove-Sidewalks 0 0 0 0 173,000 Building Construction/Rehabilitation Public Works-Storage Building/Fire Bay 0 271,000 0 0 0 Delray Beach Library Building 6,500,000 0 0 0 0 Old School Square-Hurricane Shutters 0 0 247,000 0 0 Cemetery Maintenance Building 0 0 0 115,000 0 Fire-Rescue/Police Training Facility 250,000 250,000 0 0 0 Beautification SW-NW 5th Av-SW 1st St to NW 2nd St 1,450,000 0 0 0 0 SE-NE 5th Av & 6th Av-SE 4th St to NE 4th St 100,000 750,000 5,000,000 0 0 W Atlantic Av - Ph III 0 2,013,000 0 0 0 W Atlantic Av - Ph IV 0 0! 1,725,000 0 0 SE 2nd St-S Swinton Av to FEC X-ing 0 0~ 0 0 173,000 Parks & Recreation Facilities Tennis Center-Equipment Storage Enclosure 0 0 0 0 70.000 Tennis Center-Rehab Clay Courts 0 50,000 50,000 50,000 50,000 Tennis Center-Replace Stadium Seats 0 0 0 0 70,000 Tennis Center-Equipment 0 0 0 0 125,000 Pompey Park/Community Center Bleachers 0 55,000 0 0 35,000 Intracoastal Park 1,000,000 0 0 0 0 Parks-Replace Playground Equip. 75.000 30.000 0 0~ 30,000 Parks-Parking Lots 0 0 140.000 01 0 Plumosa Park 225,000 0 0 0i 0 Merritt Park 0 0 30,0001 0 ~ 0 CI-28 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25~000 Parking Meters-Multi-Space Metering 0 0 225,000; 0 0 Old School Square Maintenance 36,000 0 0 0 0 Miller Park-Parking Lot Expansion 0 0 0 90,000 0 Miller Park Storage Building 0 0 0 175,000 0 Miller Park-Fence Replacement 0 0 0 120,000 0 Office Expansion/Park Maintenance 0 0 0 50,000 0 Building & Equip. Renewal & Replacement City Hall Space Study 75,000 0 0 0 0 Building Maintenance 100,000 '100,000 150,000 150,000 150,000 Roof Repair & Replacement 103,000 0 40,000 0 284,500 HR Remodeling 0 0 79,000 0 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 Software License/Upgrade 150,000 180,000 180,000 180,000 180,000 Fire - Additional Parking 0 0 0 120,000 0 Fire-SCBA Upgrade 36,700 0 0 0 0 Fire-MDT for FD Vehicles - Repeaters 310,000 0 0 0 0 Fire-Space AIIoication & Design-FD Headquarters 0 0 42,000 0 0 Fire-Upgrade Generator FS #1 & 2 0 200,000 0 0 0 Police Hurricane Shutters 0 50,000 0 0 0 Police-New Phone System 180,000 0 0 0 0 ,Police-Replacement Laptop Computers 0 0 150,000 250,000 200,000 Police-Citrix License 0 0 0 0 39,000 Police - Upgrade Cellular Data Package 75,000 0 0 0 0 Public Works - Fleet Maintenance Software 62,000 0 0 0 0 iSeries Server-Police & City Hall w/Redundancy 460,000 0 0 0 0 Interactive Voice Response System 50,000 0 0 0i 0; Intrusion Detection System 0 0 0 0 48,000i MS Content Management Licence-City Web Server 74,000 0 0 0 0, MS Server License Agreement 50,000 28,000 28,000 28,000 28,000i Replacement Internal Building Data Cabling 0 0 200,000 200,000 0 Web-Enabled Applications 0 0 0 0 76,00~ Citdx Metaframe 21,000 110,000 50,000 50,000 21,000 City Clerk-Paperless Agenda 0 46,200 0 0 0 City Commission Chambers Modernization 0 0 0 01 218,700 Other Miscellaneous Lifeguard Towers 0 0 90,000 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 0 42,000 0 0 0 Beach Pavilion at A1A & Atlantic Avenue 0 0 0 0 175,000 TOTALS: $f3,654,900 $6,640,200 $9,~76,000 $2,635,000 $2,9~5,200 CITY MARINA FUND Pier Construction 100,000 0 0 0 0 TOTALS: $~00,000 $0 $0 $0 $0 WATER/SEWER NEW CAPITAL OUTLAY Neighborhood Park-SW 6th Street 26,000 0 0 0 0 SCRWTDB Pelletization Project 500,000 1,000,000 1,000,000 0~ 0 County Club Acres Improvements 475,000 0 0 0 0i Sludge Thickener-Additional 0: 400,000 00 0 W Atlantic Ave Phase III-Water Main 0; 120,000 0 0 West Atlantic Phase IV-Water Main 0; 0 120,000 O Greenbrier Drive-Sewer 0: 0 117,00000 TOTALS: $f,001,000 $1,520,000 $~,237,000 $ $0 WATER/SEWER CONNECTION FEES 0 Hospital Agreement 45,000 45,000 0 0; SCRW-rDB Reclaimed Water System Expansion 312,500 500,000 500,000 500,0001 500,000; Reclaimed Water Transmission System 1,701,592 600,000 600,000 0i 0! TOTALS: $2,059,092 $1, f45,000 $f, fO0,O00 $500,000 $500,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Other Repair & Maintenance 214,000 214,000 165,500 165,500 165,500 Lilt Station Cony Submersible 100,000 100,000 100,000 100,000 100,000 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 270,000 215,000 270,000 270,000 270,000 Sewer Main Rehabilitation 500,000 500,000 500,000 500,000 500,000 Computer Equipment 40,000 0 0 0 0 Other Machinery & Equipment 35,000 155,000 120,000 0 0 Water Main-SW 12th Av/SW 11th Av/SW 3rd St 486,000 0 0 0 0 Water Main-Lake Ida Area 287,000 254,000 0 0 0 Water Main-Osceola Park 331,000 331,000 0 0 0 Water Main-Palm Trail Neighborhood 204,000 0 414,000 0 0 Water Main-SW 3rd St/SW 3rd Av/SW 6th Av 0 497,000 01 0 0 CI-29 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > $25T000 Water Main-SR A1A-E Atlantic Av to Pelican Ln 0 i 458,000' 0 0: 0 Water Main-SR A1A-Casu-ari~a Rd to E Atlantic Ave 0 i 304,000 0~ 0 0 Water Main-SW 10th & SW 15th Ave 01 0 238,000 0", 0 Water Main- North Lake Ida Area 0 i 0 228,000! 0 Water Main-SeasagelMelaleuca/Tamarind ~ ' 0! 0 Water Main-US 1 -SE 10th St to E Atlantic Aveil 0101 00 248,000!01 546,000I' 00 Water Main-SE 1st Av-SE 3rd St to E Atlantic Ave i 0" 0 i: 001 186,000 Water Main-US 1-E Atlantic Ave to George Bush Blvd ~ 0 0 546,000 Water Main-Sw 11th & SW 12th Avenue I 0 0 0 147,000 Water Main-NW 12th St & Grove Way ! 0 0 0 0 393,000 Water Main-Delray Shores Neighborhood 01 0 0 0 673,000 Water Main-Dixie Highway-US I Connector~ 0. 55,000 0 0 0 ASR Well Pump Repl & Well Development 100,000 0 0 0 0 TOTALS:I $2,617,000 $3,133,000 $2,333,500 $1,63f,500 i $3,030,500 MUNICIPAL GOLF COURSE TOTALS: i Other Machinery & Equipment 50,000~ 60,000 70,000 80,0001 90,000 SSO, OOOi $60,000 $70,000 $80,000i $90,000 LAKEVIEW GOLF COURSE Other Mach. & Equipment 0 0 25,0001 30,000 35,000 TOTALS:! $0 $0 $25,000 ! $30,000 $35,000 ~ I STORMWATER UTILITY i I General Stormwater Repairs 33,5501 50,000 50,000! 50,000! 50,000 Swale Reconstruction 0 0 150,000 ! 150,000 i 150,000 Tropic isles CB R&R 50,0001 125,000 0 i 0 0 NE 4th Av- E Atlantic Av to NE 2nd St 0!~ 370,000 0! 01 0 Lake Ida Area 90,0001 90,000 01 0', 0 SW-NW 5th Ave-SW I st St to W Atlantic Ave 100,0001 0 01 0~, 0 Osceola Park 228,000~, 351,000 0 SW 2nd Ave-SW 1st St to W A_tlantic Ave I 86'000i 00 0i 0 Royal Palm Drive i 73,000. 0 0i 0' 0 DixieHighway-US I Connector i 0 30,000 0 ':~ 0 NE 4th St-NE 5th Ave to NE 6th Ave ~ ' 0; Pump Station Rehab i 0 138,000 0 ; 0 100,000 150,000 250,0001 100,000 Rainberry Woods i 100,000 0 0i 0 Thomas St Pump Station Modifications I 0 109,000 0 01 0 Seasage/Melaleuca/Tamarind 0: 0 518,000 0; 0 Dotteral Road-Audubon Blvd to N End i 0; 0 0 54,0001 0 NE 4th St i 0~ 0 0 109,0001 0 SE 2nd St-S Swinton Ave to FEC X-ing ~ 0 0 0 01 138,000 SW 1 st Ave-SW 1st St to W Atlantic Ave 0 0 0 ! 0 ! 86,000 TOTALS:! $660,550 , $t,463,000 $868,000 ! $613,000 $524,000 CENTRAL GARAGE FUNDIi ' 1,175,000 Vehicle Replacement I 654,320 1,100,000 1,250,000 i 1,750,000 Vehicle Restoration ' 85,000! 85,000 85,000 i 85,000 85,000 Fire-ALS Rescue Replace 184,340 ! 193,500 203,3001 213,465 224,200 Fire-Ladder Truck Replacement 336,000i 0 0 0: 0 Fire-Equipment Pumper Replacement i 354,400; 0 0 400,8001 0 Fire-Special Operation Truck i 01 0 345,000 0[ 0 Transfer to General Fund-Fire Ladder Truck I 215,000 0 0 01 0 TOTALS:I $1,829,060 $f,378,500 , $f,808,300 $t,949,265 i $2,059,200 PARKS AND RECREATION BOND Neighborhood Parks 3,450,000 825,000~: Soccer Complex 107,000! 2,618,000 ;Western Community Center 820,000 i 2,980,000 Catherine Strong Community Park 2,000,000 'Swim & Tennis Club 700,000 Pompey Park Building Expansion 20,000 70,000i 410,000 Bexley Park 50,000 450,000 : Boy Scout Hut Park 350,000 ~ Lake Ida Park 425,000 Cornell Park 150,000 Community Center/Pompey Park 40,000 ;; 260,000 Beach Fumiture ! : 75,000 I Existing Park Upgrades ! 200,000 ~ ; Old School Square i 4,540,000! 2,460,000 :, i 1,000,000 , Library i , TOTALS: i $ t2,545,000.00 $ 5,447,000.00 $ 6,008,000.00 CI-30 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #10 Capital Improvement Element Existing Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #t0 ~~~-'~'. s s s sss s s s s s~'s s.S~ SSs..s SS s I ~l 8 8888 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT ltl1 Capital Improvement Element Updated Table SD-CIP, School District of Palm Beach County Six Year Capital Improvement Schedule SD #tt CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #12 Public Schools Facilities Element Existing Public School District Map Series SD #t2 / ! CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #13 Public Schools Facilities Element Updated Public School District Map Series SD #t3 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #14 Public Schools Facilities Element Existing Appendices SD #t4 PUBLIC SCHOOL FACILITIES ELEMENT CONCURRENCY SERVICE AREA TABLES APPENDIX A PS - 48 PUBLIC SCHOOL FACILITIES ELEMENT "ENROLLMENT CAPACITY & SHORTFALL TABLE APPENDIX B PS - 51 PUBLIC SCHOOL FACILITIES ELEMENT SCHOOL ATTENDANCE ZONE MAPS APPENDIX C PS - 53 N MII~[I~~ ~ .~CHOOL DISTRICT OF PAlM BEACH COUNTY, FLORIDA| I-'~'~k. ~,~ : ;:-; :~' ~;~ CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT #15 Public Schools Facilities Element Amended Pages to Reflect updated School District Documents SD #t 5 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRA Y BEA CH A. INTRODUCTION 1. Overview. The Palm Beach County, the School Distdct of Palm Beach County, and 26 participating local governments within the school district have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The amendments include the following: · The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. · The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six-year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. · The Comprehensive Plan Map Series to incorporate nine new maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by~.v .......... ~-.v~.~'~ ~,,,.~. ,r,,~...v Special Amendment 2001-3 (01-3). The fm~aese~ Plan amendments for school concurrency are submitted along with an executed Interlocal Agreement which satisfy the requirements of ss.163.3177(6)(h)1, and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. The Public Schools Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS - 1 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted FY200!-FY2005 Five-Year Capital Facilities Plan and FY 200! Capital Budget~. (CIE Table SD-CIP) 2. School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY 2001 Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted FY200!.~v°nr~. ~vvv (=i"e... v,,.,,, v~. P!a.".) ~..~'~"~ .=v. ~v°nn~. r,.,,,i,.,,v~...~. Budget Five-Year Plan and Capital Budqet pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are .. grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital Improvement Schedule. B. SERVICE AREAS - SCHOOL CONCURRENCY SERVICE AREAS (CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted LOS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS - 2 1. Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.A.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency /q"'~ ~ The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five-Year Plan. Under the title of each table there is a reference to the School District Planning Zones where the information was taken from and where detailed data is depicted. Each CSA Table presents a specific CSA with its school facilities by type. As depicted on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and (e), F.A.C., for the Public Schools Facilities Element are specifically addressed in each CSA. The CSA Tables provide the following school data by CSA and by school type consistent with Rule 9J-5.025, F.^.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. PS - 3 (3) The total projected school facility surpluses and deficiencies by year for the six-year planning period based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redistribution of students by boundary adjustments or school construction or other capital improvements. (5) The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year of the initial planning period. School utilization does not exceed the .. targeted 110% LOS in the sixth year. (6) The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of service conditions is located within the School District's current adopted Five-Year Plan FY299! FY2905 (F!,;e-Ycar P!an) and FY 200! Capital Budget,--~h:me-2~. As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a variety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables-i~. The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20 (Append~ B-), provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end of the initial five year period and long range planning period of ten and twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA total enrollments, require the School District to determine the number of school facilities needed district-wide. Based on the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. PS - 4 The CSA Tables also reflect the 2,147 students enrolled in alternative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CSA Tables show 728 students participating in programs not based in School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 and ,DS 3.2 depict the locations of proposed schools with confirmed sites and the planned schools without confirmed sites..~.dd!t!ona!!y, ~A,,, Dq q be determined. The long range facility demand maps - PS 3.3 ~nd PS 3.4 shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities with the exception of a bus depot. Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. School Attendance Zones. Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. PS- 5 The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the 5-year planning period. Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan FY 2002 2006 ~,/~;'"~..v v,,.,,, v~. ,D~""~,~,.~. They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide - Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.A.C. The School District has experienced an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 6 on pages 1-3 and 1-4 of the School District's current adopted Five- Year Plan FY200! FY2005 (F!vc Yc~r P!~,-.) and FY 299! Capital Budget,--Ju¢~-2~, present enrollment projections based upon demographic and economic profiles. Over the next 5 years, the School District's K-12 enrollment is projected to increase by 10,000 +/- students to nearly 160,000. The total enrollment figures have closely tracked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range and is expected to continue for the next three years. Palm Beach County's geographic area is approximately 2,023 square miles. It is comprised of 1,739.4 square miles of unincorporated areas and thirty-seven municipalities within 283.6 square miles. The county has a total population of more than 1.025 million in 1998, with an unincorporated population of more than 465,000 and an incorporated population of nearly 560,000. Since 1940, the County has nearly doubled in population every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impact on the School District, of the 1.062 million persons who reside in PS - 6 end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline, pg. PS-16) 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CS^ and school type is depicted on required future conditions Maps PS 3.3 ,,~ . ~,,,~ ~,~,,,~ .... ~,~jv~.v~ ~.~.,v,.~ .,,v ~.~,~ .... ~ ~.,~ ~,~jv~.~ ~,,~v, ,~v,,,~] ~.v~,,v~ ..,~v v~,~,~v~ ~,~ ~v,,v,v,,v,v~ ~] Ivy, ,~ ~,.v ,..v ~v~, ~,~,,,,,,,~ ~v,,v~ ~ These surpluses and deficiencies are listed by CSA, representing projocted seats noeded (capacity demand). PS - 9 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan FY200! FY2005 (F!ve-Year P!an) and FY 200! Capital Budget,-~, provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of service standards based on physical conditions and programs pursuant to Rule 9J- 5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendations. Append!x ,~, of the F!':e Year P!an (CS~, Tables) !nd!catec which h!gh 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). The 2000-200! ~l~m~f~m/ ~h~l~' ~;N~I~ o~h~le r~nn~ fr~m 7~ /I ~b~h~r~ ~;~1~ f~ ~ ;GO/_ The general distribution of student enrollment across Palm Beach County shows north County middle and elementary schools at (or moderately over) capacity, and the high schools with generally lower enrollments. These schools are within the Concurrency Service Areas (CSA) 1-6. There is a moderate growth rate in north County schools; however, the Abacoa area is expected to add significant student growth to this area of the County in the next five years. Recently proposed developments for the former MacArthur Foundation lands in the northem County, are being proposed with lower densities which traditionally generate a lower number of students. Enrollment in the eastern-central portion of the County (within CSAs 8, 9, 11, 12, 14 and 15) is stable, but many schools are over capacity with moderate growth in enrollment expected to continue. Schools in the central-western portion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, and 16. The south-central portion of the County is significantly over capacity, with all school types being impacted within CSAs 17, 18, 19 and 20. This area's enrollment is expected to continue to grow, particularly on the westem portion of these CSAs which are expected to grow rapidly with family oriented homes. The southern section of the County shows school enrollment moderately above capacity, but expected to stabilize within CSA 21. The School District considers the western portion (Glades) of the County to have stable enrollment. PS - 17 CITY OF DELRAY BEACH, FLORIDA SUPPORT DOCUMENT ltl6 Cottages at Banyan Village FLUM Amendment and Rezoning Staff Report & FLUM Amendment Legal Description SD #t6 THRU: PAUL DORLING, DIRECTOR ~)F~PLANNING AND ZONING FROM: ROBERT G. TEFFT, SENIOR ~IJ~INER ~ SUBJECT: MEETING OF JUNE 8, 2004 PRIVATELY SPONSORED FUTURE LAND USE MAP (FLUM) AMENDMENT FROM LOW DENSITY (LD) TO MEDIUM DENSITY (MD) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 10TM STREET. The subject properties total approximately 8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. An application has been submitted for a FLUM amendment from LD to MD. Additional background and an analysis of the FLUM amendment and a related rezoning are provided in the attached Planning and Zoning Board staff report. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with the FLUM amendment and rezoning requests. After reviewing the staff report and discussing the proposal, the Board voted 3-1 (Peltzie dissenting) to recommend that the requests be denied, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the cdteria set forth in Section 3.1.1 of the Land Development Regulations. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Section 3.1.1 of the Land Development Regulations. Attachment: Planning and Zoning Board Staff Report of May 17, 2004 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- AGENDA ITEM: Iii. A. (2. a.) ITEM: Future Land Use Map Amendment from Low Density Residential 0-5 du/ac (LD) to Medium Density Residential 5-12 du/ac (MD) and Rezoning from Single-Family Residential (R-l-A), in part, and Community Facilities (CF), in part, to Multiple Family Residential - 10 du/ac (RM-10) (Quasi-Judicial Hearing). GENERAL DATA: Owner / Applicant .................. BalestdeH Development Corp. Agent ............................... Weiner & Aronson, P.A. Location ................................ Southwest Corner of Swinton CouRT Avenue and SW 10~h Street TYr-I~ I I t I I I I I I I Pro er s,ze ......................... .96 Acres Current FLUM Designation .... Low Density Residential 0-5 du/ac (LD) Ill llll Designation .... ' ................... d~ac (MD) Current Zoning ................... Single-Family Residential (R-l-A) and Communi~ Facilities (CF) ~.~. Proposed Zoning ................Medium Densi~ Residential 10 du/ac (RM-10) Adja~nt Zoning ..... Nodh: Single-Family Residential (R-l-A) South: Single-Family Residential (R-l-A) East: Special Activities Dis~ict (SAD) West: Single-Family Residential (R-l-A) Existing Land Use ................. Vaunt Proposed Land Use ..............FLUM Amendment from LD to MD and Rezoning from R-I-~ in pad, and CF, in pa~, to RM-10 as pad of Comprehensive Plan ~end~nt 20~-02 Water Se~i~ ....................... N/A Sewer Se~i~ ..................... ;. N/A THE PLAZA AT D£LRA Y N III. A. {2. The action before the Board is that of making a recommendation to the City Commission on a privately sponsored Future Land Use Map (FLUM) Amendment from Low Density Residential (LD) to Medium Density Residential (MD) and rezoning from Single-Family Residential (R-l-A) and Community Facilities (CF) to Medium Density Residential - 10 dwelling units per acre (RM- 10) for the properties located at the southwest corner of Swinton Avenue and SW 10th Street. Pursuant to Land Development Regulations (LDR) Section 2.2.2(E) (6), the Local Planning Agency (Planning & Zoning Board) shall review and make a recommendation to the City Commission with respect to a FLUM amendment and Rezoning of any property within the City. The subject properties total approximately-8.96 acres and include multiple platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. Each of the subject properties were at one time zoned R-l-A, however at its meeting of February 6, 1996, the City Commission approved the rezoning of a 7.84 acre parcel from R-1-A to CF to accommodate the Full Gospel Assembly Church. The parcels that remained R-1-A each contained residential structures, while the now CF zoned parcel was vacant. The Full Gospel Assembly Church never established operations on the subject property and has continued to remain vacant. The subject properties were recently sold and subsequently cleared in anticipation of future property development as a multiple-family townhouse project. An application is now before the Board regarding a FLUM Amendment from LD to MD and a Rezoning from R-1-A and CF to RM-10. This FLUM Amendment is being processed pursuant to the twice a year statutory limits for consideration of plan amendments (F.S. 163.3187)as part of Comprehensive Plan Amendment 2004-02. LAND DEVELOPMENT REGULATIONS CHAPTER 3 - PERFORMANCE STANDARDS: Pursuant to LDR Section 3.1.1, prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map (FLUM), Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. r-t Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The proposed Medium Density Residential- ten (10)dwelling units per acre (RM-10)zoning district is consistent with the proposed Medium Density Residential (MD) FLUM designation. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 2 Multiple-family townhouse developments are allowed in an RM-10 zoning district as a permitted use at a base rate of six (6) units per acre. Increases above that density are only allowed if the subsequent development substantially complies with the performance standards listed in LDR Section 4.4.6(I). Based on the above, positive findings can be made with respect to FLUM consistency. C) Concurrency: Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. The proposal involves amending the FLUM designation from LD to MD on several adjoining parcels, which total approximately 8.96 acres. The proposed FLUM Amendment will result in an increased impact on adopted concurrency standards. Concurrency findings with respect to Parks and Recreation, Schools, Solid Waste, Traffic and Water and Sewer are discussed below: Parks and Recreation: Pursuant to Land Development Regulations (LDR) Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. Based upon the proposed FLUM Amendment and Rezoning, the maximum allowable density (10 du/ac) would allow 89 dwelling units, thus requiring a park impact fee of $44,500.00. Schools: A School Concurrency Application has been transmitted to the School District of Palm Beach County for their consideration. The Palm Beach County School District must approve the development proposal for compliance with the adopted Level of Service for School Concurrency. Verification from the Palm Beach County School District is pending and the receipt of a written finding of approval from the School District is attached as a condition of approval. Solid Waste: The subject properties are presently vacant and therefore currently have no impact on this level of service standard. Assuming the proposed maximum density (10 du/ac), the subject properties will generate 46.3 tons of solid waste per year. The increase can be accommodated by existing facilities and thus, will not have a significant impact on this level of service standard. Traffic: The applicant has submitted a traffic study based upon the maximum potential density permitted by the proposed FLUM designation of MD (12 du/ac). However, it is noted that the proposed rezoning will limit the maximum density to ten (10) du/ac. The subject properties current FLUM designation of LD would permit maximum densities that would generate 20 A.M. and 23 P.M. peak hour trips. According to the provided traffic study, the proposed FLUM would allow for a development generating 48 AM and 56 PM peak hour trips, an increase of 28 and 33 peak hour trips, respectively. A copy of the submitted traffic study has been transmitted to the Palm Beach County Traffic Division for review. A letter from the Palm Beach County Traffic Division stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance must be received and is attached as a condition of approval. It is anticipated that the proposal will meet traffic concurrency standards. Based upon the above condition of approval being addressed, a positive finding with respect to traffic concurrency can be made. Water and Sewer: Water service can be provided to the site via connection to a 6" water main located within the SW 10th Street right-of-way (north side of the property), a 2" water main located within the Reigle Avenue right-of-way (south side of the property), or a 2" - 8" water main located within the Swinton Avenue right-of-way (east side of the property). It is noted that the 2" water mains may need to be upgraded with the future development of the Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 3 property. Sewer service can be provided to the site via connection to a sanitary sewer main located within either the Reigle Avenue or Swinton Avenue rights-of-way. In order to secure adequate fire suppression, fire hydrants will need to be provided within the development. However, it is noted that fire hydrants exist immediately to the northwest and northeast of the property across SW 10th Street, to the northeast of the property across Swinton Avenue, and to the southeast of the property across Reigle Avenue. The Comprehensive Plan states that adequate water and sewer treatment capacity exists to meet the adopted level of service standard at the City's build-out population, based upon the current FLUM. The proposed FLUM Amendment from LD to MD will increase the demand on these public services; however adequate capacity exists to accommodate the proposal. Thus, a positive finding with respect to this level of service standard can be made. r3 Consistency: The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. The following applicable Comprehensive Plan objective and policies are noted: Future Land Use Element Obiective A-f: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations; is complimentary to adjacent land uses; and fulfills remaining land use needs. The subject properties contain only one significant environmental characteristic, a large Banyan tree located at the northeast corner of the site. This Banyan tree plays an important role in the character of the property and must be incorporated into the design of any future development proposal for the site. While the proposed development of the property will certainly provide additional housing, it is multiple-family vs. single-family and twice the density of the surrounding single-family land uses to the north, south and west. To the east is Swinton Avenue, the F.E.C. Railroad, Old Dixie Highway and a mixture of uses including office, automotive repair, and single-family dwellings. The automotive repair use is currently nonconforming and the current zoning and Silver Terrace Neighborhood Plan calls for neighborhood commercial uses. While the applicant cites the conditions to the east to justify compatibility, these uses are over 270' away given the combined rights-of-way. Given the above, the proposed use and intensity are not complementary to adjacent uses and therefore constitute grounds to deny the proposed amendment. These concerns are also discussed later with the compatibility analysis of the FLUM amendment. Future Land Use Element Policy A-1.7: Amendments to the FLUM must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 4 designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The subject property is comprised of several adjoining parcels of land totaling approximatel), 8.96 acres which are situated at the intersection of two collector rights-of-way (SW 10"' Street and Swinton Avenue). The proposal associated with these properties would change the FLUM designation from LD to MD. The applicant has not provided any data or analysis as to a shift in, demographic trends or other circumstances that would support a change to the existing FLUM designation. No changes have occurred immediately adjacent to this parcel which would alter the character and/or FLUM designations of the surrounding area. In fact, the latest change that has occurred was immediately to the north and resulted in the development of affordable single- family homes. This change would support the retention of the existing Low Density land use designation. The applicant has cited numerous Comprehensive Plan objectives and policies; however none of these objectives or policies would be fulfilled by amending the existing FLUM designation. Without any data or analysis in support of, or fulfillment of Comprehensive Plan objective or policy, there is no demonstrated need for the requested FLUM amendment. The lack of a demonstrated need is reason in and of itself to deny the proposed FLUM amendment. Future Land Use Element Policy C-1.7: The following pertains to the Southwest Neighborhood Redevelopment Area: This area is ~[enerally defined as the area bounded by West Atlantic Avenue on the north, SW l(Y" Street on the south, Interstate-95 on the west, and Swinton Avenue on the east. Many of the parcels in the area contain vacant or dilapidated structures, substandard parking and substandard landscaping. The area also contains residential areas identified as "Rehabilitation" on the Residential Neighborhood Categorization Map contained in the Housing Element. The Southwest Area Neighborhood Plan was adopted by the City Commission at its meeting of June 3, 2003. The Plan establishes a blueprint for the revitalization and stabilization of the area. The Southwest Area Neighborhood Redevelopment Plan is divided into five sub-areas based upon current and proposed land uses. The sub- areas serve to define potential boundaries for the phased implementation of the various plan components. Future development in the area must be in accordance with the provisions of the Redevelopment Plan. The subject property is located within the borders of the Southwest Area Neighborhood Redevelopment Plan and is more specifically included within sub-area #5. Sub-area #5 is identified as "infill area" consisting of relatively stable residential neighborhoods that are experiencing some deterioration, but do not require substantial redevelopment to achieve community livability goals. The applicant indicates in their justification statement that "increasing residential density and providing affordable and diverse housing for a variety of incomes is a primary goal" of the Redevelopment Plan. The goal actually states "increasing residential density and providing affordable housing for a variety of incomes., This theme of providing affordable housing is noted throughout all sub-areas. The reference to increasing residential densities is aimed Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 5 at sub-areas 1-3. The Redevelopment Plan indicates that in sub-area #5 infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. The City Commission is currently considering actions which will implement the portion of the Redevelopment Plan (increasing residential densities) referenced by the applicant. These actions are within sub-areas #1 and #2 and will be directly tied to providing the affordable housing envisioned in the plan. Based upon the above, the applicant's opinion that the goals of the Redevelopment Plan would be furthered by the proposed FLUM amendment and associated rezoning is unfounded. Consequently, positive findings with regard to this Comprehensive Plan policy can not be made. Housinq Element Policy A-12.3: In evaluating proposals for new development or redevelopment, the City shah consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas, if it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As discussed previously with the Concurrency analysis, the proposed new development will increase traffic in the surrounding area; however this increase does not appear to be substantial. The resulting increase in units will have little impact on the surrounding area with regard to noise, odors, dust, and/or circulation patterns. The Southwest Area Neighborhood Redevelopment Plan notes that this development parcel is located in a relatively stable neighborhood and "strongly recommends infill development and rehabilitation of existing structures. This strategy should increase the availability of affordable housing options." The introduction of incompatible multiple-family uses within this area is unlikely to enhance stability. Further, if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect. Based upon the above, positive findings with respect to this Comprehensive Plan policy can not be made. Housin.q Element Policy B-2.6: Housing in and near the downtown area, in close proximity to employment opportunities and services, is a critical need. This policy is identified by the applicant in their justification statement indicating that "the development proposal provides the desired type of moderately priced housing near the downtown area." This policy refers to housing in general; not necessarily housing that is moderately priced. This policy also is directed at housing in and near the downtown area, whereas the subject property is located ten (10) city blocks from the outer edge of the downtown. As previously stated, infill housing consistent with the prevailing single-family land uses is appropriate. Further, affordable housing is a priority. While housing is a result of the proposal it is neither the appropriate type nor intensity. Open Space and Recreation Element Policy A-2.7: The City shah development a program to establish small parks in neighborhoods. The program would include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 6 construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. This is another policy cited by the applicant in their justification statement. In this case the applicant indicates that "as part of this development, a park and gathering spaces will be provided." Based upon this Comprehensive Plan policy and the applicant's statement, the conclusion that can be drawn is that a portion of the subject property is to be developed as a neighborhood park. If this is not the case and a neighborhood park is not to be provided with this development, it is highly doubtful that private amenities within the development will be made available to those who live outside the development. In either case, this policy has no possible bearing on the proposed FLUM amendment or rezoning. El Compatibility -- The requested designation will be compatible with the existing and future land uses of the surrounding area. The subject properties are bordered by single-family residential neighborhoods on the north, south and west sides all having the same land use designation as the current designation of the subject property (LD). The properties to the east, which make up the Silver Terrace neighborhood, have various land use designations including General Commercial (GC), Transitional (TRN) and MD. While the site is bordered by non-residential uses to the east, these are located more the 270' away given the combined rights-of-way for Swinton Avenue, the F.E.C. Railroad, and Old Dixie Highway. Compatibility with the adjacent single-family residential neighborhoods is a significant concern. The proposed FLUM designation in association with the proposed rezoning would allow a density of ten (10) dwelling units per acre on the subject property, which would be out of character and incompatible with the existing lower density residential neighborhoods that surround this property. A positive finding with respect to Compatibility can not be made and the proposal should be denied. 1~ Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. Future redevelopment of the 8.96 acre parcel of land can occur in accordance with the City's Land Development Regulations. During the site plan review process the development proposal will be reviewed for compliance with the LDR. The applicant has indicated intent to develop the properties as a multiple-family townhouse development, which is permitted' under the requested RM-10 zoning district and compatible with the proposed MD FLUM designation. At this time no issues have been identified which would prohibit compliance with the requirements of the RM zoning district. Given the above, a positive finding with respect to compliance with the Land Development Regulations can be assumed. Future Land Use Map Consistency, Concurrency, Comprehensive Plan Consistency and Compliance with the development criteria of the LDR were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. CONSISTENCY: Compliance with the performance standards set forth in LDR Section 3.2.2, along with the required findings in LDR Section 2.4.5(D) (5), shall be the basis Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 7 upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. LDR Section 3.2.2: Standards A, B, C and E are not applicable. The applicable performance standard of LDR Section 3.2.2 is as follows: (D)That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land use both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. The following neighborhoods, their zoning designations, sizes and densities border the subject properties: Zoning Number of Designation Residential Lots Total Acreage Density North Bellview Court R-1-A 26 4.84 5.37 Palm State Heights R-1-A 44 10.06 4.37 Noah's Corner R-1-A 11 3.14 3.50 South Southridge (Plat 1 ) R-1-A 94 16.11 5.83 East Silver Terrace SAD 70 12.4 5.64 West Sunset Park R-1-A 59 10.1 5.84 Average Density = 5.09 R-1-A = Single-Family Residential / SAD = Special Activities District The above table indicates that predominantly all of the surrounding single-family neighborhoods have a density of approximately five (5) dwelling units per acre. It is further noted that the majority of these neighborhoods are nonconforming with regard to minimum lot dimensions and/or areas, which results in densities that would be slightly higher than permitted under the present Land Development Regulations. The Noah's Corner subdivision (AKA Swinton Gardens), which is located at the northwest corner of Swinton Avenue and SW 10th Street directly north of the subject property, has only recently been developed and conforms to all minimum lot dimension and/or area requirements. The density of this single-family neighborhood is generally two (2) dwelling units per acre lower than that of its contemporaries and would be drastically less than the proposed multiple-family development. It is based upon this analysis that the proposed rezoning would result in a land use that is incompatible with the surrounding properties. Thus, positive findings with regard to LDR Section 3.2.2(D) can not be made and furthermore positive findings with regard to overall consistency can not be made. LDR Section 2.4.5(D) (5): Pursuant to LDR Section 2.4.5(D) (5), in addition to provisions of Chapter Three, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: (a) That the zoning had previously been changed, or was originally established, in error; (b) That there has been a change in circumstances which make the current zoning inappropriate; or Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 8 (c) That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The following is an excerpt from the applicant's justification statement: "Two of the three reasons are applicable to this rezoning request. First, item (b) is applicable because there has been a change in circumstances which makes the current zoning of CF inappropriate. Second, item (c) is applicable because the requested zoning of RM-IO is more appropriate for the property based upon circumstances particular to the site and neighborhood". "The proposal to rezone the property to RM-10 is to allow redevelopment of the property for multiple-family purposes. The highest and best use of the property is multiple-family units rather than single-family homes. Given the location of the property and change of circumstances such as the increases in the size of the Linton/Federal retail area, the rezoning and development of other properties in the vicinity to multiple-family and the continued escalation of single-family home prices in Palm Beach County, redevelopment to single-family residences is problematic. To the east of the property are the railroad tracks and across from the railroad tracks are some small business offices. Further south is the Plaza at Delray shopping center. Further to the south of the proposed development is the Tarmac Ready-Mix Plant which is neighbored by other manufacturing businesses such as Eagle Marine Services, Tyler Fabricators and Buchanan Screen. Moreover, the City of Delray Beach Water Treatment Plant tower is clearly visible from the site. Finally, further to the east of the property along SW 11:~h Street, multiple-family housing (The Heritage Club) is in the process of being constructed. Therefore, the development of multiple-family residences on the subject properties is more logical as this type of residential use provides for a better transition between commercial/industrial uses and single-family uses. Overall, a positive finding can be made that the change of circumstances in the area makes the RM-IO zoning district more appropriate than the current zoning: According to the applicant, the basis for which the rezoning is being sought most closely relates to reasons (b) and (c). However, as the current zoning of the properties is predominantly CF, and the CF zoning designation is by definition compatible with all other zoning designations, no change in circumstances is possible that would make the current zoning inappropriate. Even if consideration was given to modify the designation given the change in ownership and corresponding need for a change from a community facility to a residential use, a designation consistent with the prevailing future land use designation of Low Density to the north, south and west is clearly more appropriate. Accordingly, the only remaining justification for the proposed rezoning is reason (c). The rezoning is not of similar intensity as allowed under the current Low Density land use designation, nor "more appropriate for the property based upon circumstances particular to the site and/or neighborhood." As the subject properties are surrounded on three sides by Low Density land use designations which contain single-family residential neighborhoods, the proposal is cleady not more appropriate for the property. The most appropriate zoning designation for the properties would be single-family residential (R-l-A), or perhaps a Low Density Residential (RL) zoning. Further, as discussed in the analysis of the FLUM amendment, the resulting proposed development may have a destabilizing effect on the surrounding neighborhood. Based upon the above, this request does not fulfill any of the reasons identified under LDR Section 2.4.5(D) (5). Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 9 The subject properties are not in an area that requires review by the Community Redevelopment Agency (CRA) or Downtown Development Authority (DDA). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: El Presidents Council El Progressive Residents of Delray (P.R.O.D.) {~ United Property Owner's Association Public Notice: Formal public notice has been provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planding and Zoning Board meeting. The proposed FLUM amendment from LD to MD and rezoning from CF and R-1-A to RM-10 are inconsistent with respect to the Comprehensive Plan and Land Development Regulations Sections 2.4.5(D) (5), 3.1.1 and 3.2.2(D). Positive findings can not be made with regard to Compatibility as the proposal will result in a multiple-family development with densities that are double or triple that of the surrounding single-family neighborhoods. Positive findings can also not be made with regard to Consistency with the Comprehensive Plan, specifically Future Land Use Element Policy A-1.7, which requires that there be a demonstrated need for the requested land use. No data or analysis has been provided that indicates a shift in demographic trends, no changes have occurred with regard to character and/or FLUM designations of the surrounding area, and no Comprehensive Plan objective or policy would be fulfilled by amending the existing FLUM designation. Furthermore, the subject property is located within sub-area #5 of the Southwest Area Neighborhood Redevelopment Plan [ref. Future Land Use Element Policy C-1.7]. The Redevelopment Plan indicates that in sub-area #5, infill development, housing rehabilitation and code enforcement are recommended. The Redevelopment Plan further states that creative financing and resource development will be required to deliver the product envisioned by community stakeholders without pricing current residents out of the rental and home ownership market. Sub-area #5 is not located within an area specifically recommended for land use actions which would increase residential density, nor is it the intent of this applicant to provide affordable housing on the subject property. Accordingly, the goals of the Redevelopment Plan would not be furthered by the proposed FLUM amendment and associated rezoning and positive findings can not be made with respect to Future Land Use Element Policy C-1.7. Additionally, the introduction of incompatible multiple-family uses within this area is unlikely to enhance stability and if the resulting units were not affordable units, the proposal may destabilize the neighborhood via a gentrifying effect; therefore positive findings can not be made with regard to Housing Element Policy A- 12.3. Based upon the above, the proposed Future Land Use Map Amendment and associated Rezoning application should be denied. A. Continue with direction. Planning and Zoning Board Staff Report Cottages at Banyan Village - FLUM Amendment and Rezoning Page 10 B. Move a recommendation of approval to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations, subject to the following conditions: I~i That a letter from the Palm Beach County School District is received stating that the proposal complies with the adopted Level of Service for School Concurrency; and I"1 That a letter from the Palm Beach County Traffic Division is received stating that the proposal complies with the Palm Beach County Traffic Performance Standards Ordinance. C. Move a recommendation of denial to the City Commission for the privately sponsored -' request for a FLUM Amendment from LD to MD and Rezoning from CF and R-1-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Move a recommendation of denial to the City Commission for the privately sponsored request for a FLUM Amendment from LD to MD and Rezoning from CF and R-I-A to RM-10 for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. Attachments: Location Map, Proposed Future Land Use Map and Proposed Zoning Map Staff Report Prepared by: Robert G. Tefft, Senior Planner SE. PINE GROVE ELEMENTARY SCHOOL RM MH GULF ST*REAM COMM'ER'CIAI_ CENTRE DOMAINE GC DELRAY LIN 1'ON TRUSS THE RIDGE PLAZA CONDO COLIN TY A ~- SANI TA lION DELF~A Y IREE LANE POD PC H A R B OU R.~ MIC ONE ILD HARBOUR EDGE LIN TON PI,AZA .~-LF $1-ORAGE LIN TON BOULEVARD I N Cottages at Banyan Village ~ PROPOSED REZONING FROM: R-I~A {SINGLE FAMILY RESIDENTIAL) AND CF (COMMUNITY FACILITIES) CITY OF O~LRAY BEACH. FL T~- RM-10 (MEDIUM DENSITY RESIOENTIAIL. 10 UNITS PER ACRE) -- D/c/rAL e~S£ /~y~P ~S~'~/ --- MAP REF: LMI62 OTY OF D~.L~'AY ~EACH CF-P Po~,£,~ ~,~Go.,,.£~ WA TEK' TR£A ?'MEN r 5.w. 6~1 si'. ST. GULF- STREAM COMMERCIAL CENTRE DOMAIN£ DL~_RA Y LIN TON TI?USS THE PLAZA COLIN T Y A T SANITATION DELRA Y T~E£ LANE MD RDA-3 .~o.,,. GC HAR~OUF~ PLAZA ~LF STORA~ LIN/ON BOULE VA~D [ ~~ Cottaoos at Banyan V,fia~o EOPO~ FUTURE ~D ~E ~ ~M~ ~ ~ ~Y ~. ~ ~O~ LD (LOW D~S~ RESID~ ~5 UN~ I A~) ~ ~ ~1~ ~~ TO: ~ (~D~ DENSI~ RESI~N~. ~12 UNITS IA~E) -- ~GIFAL ~S~ ~ S~FEM THE COTTAGES AT BANYAN VILLAGE LEGAL DESCRIPTION FOR FLUM AMENDMENT The West 175 feet of the North 120.9 feet of the East half (E %) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Flodda, in Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW 10th Street and also less the West 10 feet thereof. Together With The East 188.74 feet of the North Quarter (N ¼ ) of the East half (E ¼) of Lot 13," Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the East 33 feet thereof for right-of-way of South Swinton Avenue. Together With The West 194.74 feet of the East 487.74 feet of the NOrth half (N ~) of the Northeast quarter (NE ¼) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof. Together With The South half (S ¼) of the North half (N ¼) of the East half of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton Avenue. Together With The West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E %) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North 40 feet thereof for right-of-way of SW 10th Street. Together With The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County, Flodda, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the North 35 feet thereof. Together With The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 35 feet thereof for right-of-way SW 10th Street. Together With Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which quantity of land comprises of the 50 foot right-of-way on SW 10th Court, less that portion of the subject property included in the widened right-of- way of South Swinton Avenue, as described by deed recorded in Official Records Book 1659, Page 937, Public Records of Palm Beach County, Florida. Together With The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ¼) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4. CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "A" (Amended Comprehensive Plan pages for the Future Land Use Element) ADOPTION APPENDIX "A' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE L~ FUTURE LAND USE ALLOCATIONS TOTAL PLANNING AREA .................... 10,574 ACRES 1 ADJUSTED LAND USE AREA ..................... 10,162 ACRES Low Density, Stable Residential 3,790 37.3 Medium Density, Stable Residential 2,124 20.9 Rural Residential -- 8 0.1 Transitional Designations 449 4.4 Core Commercial 285 2.8 General Commercial 532 5.2 Industrial 87 0.9 Commerce 369 3.6 Recreation & Open Space & Conservation 1,186 11.7 Community Facilities 396 3.9 Mixed Use- Redevelopment Areas 343 3.4 Water Bodies 593 5.8 The Adjusted Land Use Area has been calculated to more accurately reflect comparison among percentages of land uses. It does not include the right-of-way for 1-95, and arterial road ways. It does include the area for all other streets. In addition, the A.L.U.A. does not include the surface area of the Intracoastal Waterway or Lake Ida. Source: City of Delray Beach, 1997 The designated land use categories are described in the following material. Table L-7 identifies which zoning districts are consistent with the Future Land Use Map categories (designations). [Revised by Amendment 99-2] RESIDENTIAL LAND USES: There are two categories of residential land use. [Revised by Amendment 04-2 -- Rural Residential category deleted] Low Density: This designation is applied to land which is developed, or is to be developed, at a density of five units per acre or less. Such land is usually developed for single family purposes although mixed residential uses may occur under a planned residential zoning district. Home ownership is characteristic of this designation. Where this designation exists, uses other than Iow density residential shall not be considered. FL - 41 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Medium Density: This designation is applied to land which is developed, or is to be developed, at a density between five and twelve units per acre. Residential density is limited to a maximum of 12 dwelling units per acre, except within the portion of the Southwest Neighborhood Area Oveday District, between the commercial area along West Atlantic Avenue and SW 2nd Street, from Swinton Avenue to Interstate 95, where the density may exceed 12 units per acre, up to a maximum of 24 units per acre subject, to Conditional Use approval and the recommendations and strategies outlined in the Southwest Area Neighborhood Redevelopment Plan. Such land is usually developed in planned communities or exists in older areas where there are duplexes and condominiums. Home ownership is characteristic of this designation. Where this designation exists, uses other than those which are residential in character shall not be considered. [Revised by Amendment 04-2] TRANSITIONAL LAND USES: This designation is applied to land which is developed, or is to be developed, for either residential or nonresidential uses. In some instances this designation provides for a transition between less intensive residential use and commercial uses. In other instances, this designation allows the establishment of uses which are compatible with adjacent residential use. When Neighborhood Commercial Zoning is placed within or adjacent to a residential area, such zoning shall be limited to two acres, or less, which is sufficient to accommodate the needs of an immediate residential neighborhood. While in others, it provides for uses which are not as intensive as general commercial in areas where residential use is not desirable and/or appropriate. Residential development at a density between five and twelve units per acre, mobile home parks and apartment development in addition to condominiums, Continuing Care Facilities, A.C.L.F., and various types of group homes are appropriate under this designation. Nonresidential development at an intensity equivalent to that associated with medium density residential land uses is also appropriate. COMMERCIAL LAND USES: There are two categories of commercial land use. Commercial Core: This designation is applied to the Community's Downtown area. It includes a substantial portion of the Transportation Concurrency Exception Area described in the Future Land Use Element and graphically shown in Figure L-8. The Commercial Core designation accommodates a variety of uses including commercial and office development; residential land use upper story apartments; older homes renovated to accommodate office use; and uses such as "bed and breakfast" establishment; and industrial/commerce type uses. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses and residential uses may comprise up to 50% of the total floor area, within the West Atlantic Avenue Redevelopment Area. Aisc, within the West Atlantic Avenue Redevelopment Area, the density may exceed 12 units per acre, up to a maximum of 30 units per acre subject to Conditional Use approval. [Revised by Amendment 04-2] General Commercial: This designation is applied to land which is, or should be, developed for general commercial purposes e.g. retail, office, services. Light industrial type uses such as fabrication and assembly are permissible under this designation FL - 42 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 when located in the special overlay district between Federal Highway and Dixie Highway, north of N.E. 14th Street to the north City limit. A maximum Floor Area Ratio of 3.0 is permitted for nonresidential uses. Residential uses may comprise up to 15% of the total floor area. Residential uses are permitted either in conjunction with a commercial use, or as a stand alone use subject to Conditional Use approval. Residential density is limited to a maximum of 12 dwelling units per acre, except in Redevelopment Area #6 (Lindell/Federal Highway) where residential densities may be allowed up to a maximum of 16 units per acre subject to Conditional Use approval and the criteria outlined in the Redevelopment Plan for that area. [Revised by Amendment 04-2] [Revised by Amendment 00.1]; [Revised by Amendment 99.1] INDUSTRIAL LAND USE: There are two categories of industrial land use. Industrial: This designation accommodates manufacturing, fabrication, assembly, and warehousing. It is applied to property which currently has such uses and which is located in an area which should continue to be used for industrial purposes. It is also applied to those areas of the community which are best suited, because of their location, to accommodate industrial uses. Residential and general commercial uses are not appropriate on land designated as Industrial. Commerce: This designation is applied to property which is developed, or is to be developed, in such a manner as to accommodate a mix of industrial, service, and commercial uses. This may be done either through development of existing parcels or through a planned concept. AGRICULTURAL LAND USE: There are no designations for agricultural land use on the Future Land Use Map. The City of Delray Beach Planning Area is an urbanized area with over 89% of its land area developed. The long-term continuance of existing agricultural operations is not compatible with the urbanization which has occurred. RECREATION & OPEN SPACE LAND USE: This designation applies to public recreational areas (such as municipal parks), to open space areas, and to conservation areas. Open space areas include canals, waterways, beaches, shores, estuarine systems, golf courses, private open (common) areas within planned developments, and undevelopable parcels. Public recreational areas which also have indoor facilities (e.g. community centers) are more apt to be shown as "Community Facilities". The conservation properties are those lands shown on the Conservation Map. Land shown under this designation shall not be used for any purpose other than recreation, open space, or conservation. CONSERVATION LAND USE: This designation applies to those specific properties identified in the Conservation Element as land to be preserved. No other land use is appropriate. These properties shall be either placed into public ownership or developed only as allowed by policies of the Conservation Element. They are shown on the Future Land Use Map under the Open Space - Conservation designation. Properties having an Open Space-Conservation designation will be developed with an intensity consistent with the policies contained within Objective B-1 of the Conservation Element_ [Revisedby Amendment 99-1] FL - 43 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 COMMUNITY FACILITY LAND USES: This designation is applied to current and future school sites; to current and future sites for public buildings; and to current and future sites for public facilities e.g. the wastewater treatment plant. It is also applied to single function (purpose) buildings which have been constructed for community related purposes (e.g. churches) and which are not commercial in nature. However, not all community facilities are required to be shown under this designation. Small sites are not shown nor are the locations of governmental services (e.g.H.R.S.) which lease common office space, nor are churches that do not include substantial accessory uses such as educational facilities. [Revised by Amendment 04-2] MIXED USE CATEGORIES: There are two types of mixed use land designations on the Future Land Use Map. Other Mixed Use: There is not a designation for this category. However, such areas are generally noted by the more general boundaries of the land use designations. An example would be the accommodation of a future park site or retention of open space in a development proposal. There are no incentives such as are provided in the L.S.M.U. category. Land which is appropriately developed under an "other mixed use" approach can be processed as a Special Activities District (SAD), through a Planned Development approach (PRD, PCC, etc.), through other specially created mixed use districts such as the Old School Square Historic Arts District (OSSHAD), or through application of individual zoning districts (part RM, part CF, part OS, etc.) with the boundaries of the zoning districts not having to be congruent with the designation of the Future Land Use Map, provided that the Local Planning Agency finds the development to be compatible with adjoining properties. Specially created mixed use districts such as the Old School Square Historic Arts District shall be created through the addition of a zone district to the City's Land Development Regulations. Special Activities Districts zone districts shall be created through the adoption of a zoning ordinance. Such districts and zoning ordinance (SAD's) shall provide specific guidelines for the implementation of this mixed use district, including the land use types allowed, their densities or intensities, the relative proportion (percentage) of each land use type within flexible ranges, and compatibility requirements. Densities and intensities appropriate to each type of land use (residential and nonresidential) must be included. Existing zoning regulations shall establish the land use types allowed, their intensities and densities, the relative proportion of each land use and compatibility for other mixed use's created through the application of individual zoning districts. However, the specific boundaries of the existing zoning districts need not be adhered to in the development and approval of a site and development plan. Assurance that these items are addressed will be through the standards for site plan actions, Section 3.3.3 of the City's Land Development Regulations. Redevelopment Areas: This designation is applied to those areas which have been identified in the Future Land Use Element as being in need of redevelopment. Development shall occur pursuant to a specific "redevelopment plan" which is to be FL - 44 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 prepared pursuant to Objective C-2 of the Future Land Use Element. If a development proposal is presented to the City prior to the creation and adoption of a redevelopment plan, that proposal shall be handled in one of the following ways: [Revised by Amendment 99-1] El the application shall be placed on hold for not more than six months while the redevelopment plan is prepared; El the application shall be processed on a case-by-case basis with the existing zoning map, the Future Land Use Element, and the Housing Element providing the Local Planning Agency with the policy guidance needed to properly dispose of the application. (Note: A description of each of the redevelopment areas is contained within Objective C-2 of the Future Land Use Element.) FL - 45 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "B" (Amended Comprehensive Plan pages for the Transportation Element) ADOPTION APPENDIX "B" COMPREHENSIVE PLAN AMENDMENT 04-3 ORDINANCE 29-04 COMPREHENSIVE PLAN DELRA Y BEACH, FLORIDA I ~ ~'""'~'~ I /I ~c ~ ~i~':'-~ i .... ~~~'1~ SOURCE: P~M ~. P~ B~CH COUN~ B~D ~ COU~ COMM~ION~S. INTER~OOA~ FAEi~ITIE5 LEGEND: ~- RO~E B~ ----- ROUTE 3 ~Y ~00~ m- RO~E ~ m- RO~ ~ ~ - EXNS~NG F~U~ ~- RO~ 80 ~- ROU~ 70 [Map Revised by Amendment 04-02] TR-30 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective D-3 Transportation Concurrency Exception Area Policy D-3.1 Transportation Surveys for TDM Activities [Revised by Amendment 04-2] Policy D-3.2 Feasibility of Establishing a TCMA [Revised by Amendment 04-2] Policy D-3.3 [Deleted by Amendment 04-2] Policy D-3.4 Increase Number of Buses on Palm Tran Routes Policy D-3.5 Bicycle Facilities [Revised by Amendment 04-2] Policy D-3.6 Plan for an In-Town Shuttle System [Revised by Amendment 04-2] Policy D-3.7 Establishment of an In-Town Shuttle System Policy D-3.8 [Deleted by Amendment 04-2] Policy D-3.9 Deceleration Lanes at 1-95/Atlantic Avenue Policy D-3.10 Downtown Sidewalk Network [Revised by Amendment 04-2] Policy D-3.11 Intermodal Linkages TR - 39 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-'I.2 The provision of a pedestrian system apart from the street as well as within rights-of-way shall be explored with the review of each development. Specific focus shall be given to access to waterways, to parks, between residential developments, and along access routes to schools including such systems through developments. Policy D-1.3 The City Engineer shall annually review pedestrian accidents to establish common patterns and/or locations. The annual listing of pedestrian accident locations shall be part of the annual report as set forth in the Procedures for Monitoring and Evaluation of the Plan. If applicable, remedial improvements and/or actions should be programmed. Objective D-2 Facilities which accommodate the use of bicycles as an alternative means of personal' transportation shall be assessed and required during development review. Policy D-2.1 Bicycle traffic shall be accommodated in the design and construction of Collector and Arterial roadways. These improvements are to emphasize safer bicycle movements (e.g. 14 foot outside travel lanes) rather than providing separate bicycle facilities and lanes. The City, by adoption of this policy, requests that such improvements be included on all projects undertaken per Florida Department of Transportation or the County five-year road program, as well as the City's Capital Improvement Program. Policy D-2.2 Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA. Policy D-2.3 The City Engineer shall annually review bicycle accidents to establish common patterns and/or locations. If applicable, remedial improvements should be programmed. Objective D-3 A Transportation Concurrency Exception Area (TCEA) is hereby established for the purpose of downtown revitalization. Within the TCEA, there shall be no traffic concurrency requirements. Transportation and mobility needs within the TCEA shall be met through the implementation of the following policies: Policy D-3.1 In cooperation with the Florida Department of Transportation regional Commuter Assistance Program, the City shall perform and analyze transportation surveys to determine the issues and needs for employer based TDM activities, including but not limited to ride sharing, van pooling, and flexible work hours. These activities shall be completed in FY 06/07. [Revised byAmendment04-2] TR - 47 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-3.2 An analysis shall be made by FY 07/08, based in part upon the above noted surveys, to determine the feasibility and potential efficiency, of the establishment of a Transportation Management Association (TMA). Until such time as a TMA is established, the feasibility shall be reassessed periodically, at least every two years. [Revised by Amendment 04-2] Policy D-3.3 [Deleted by Amendment 04-2] Policy D-3.4 The City shall coordinate with Palm Tran and the MPO [through the Congestion Management System (CMS)] to increase the number of buses on the Palm Tran routes to reduce headways to 20 minutes in the peak hours, and 45 minutes in the off-peak hours by 2015. Policy D-3.$ The City and CRA shall, on a continuing basis, assess the need to install additional bicycle facilities in the TCEA to accommodate and encourage the use of bicycles as transportation. These could include bike racks, bike lockers and other bicycle parking facilities. [Revised by Amendment 04-2] Policy D-3.6 The City and the CRA shall establish a plan for an in-town shuttle system by the year 2005 to serve the downtown, Tri-Rail, and the beach with headways of 20- 30 minutes. [Revised by Amendment 04-2] Policy D-3.7 Implementation of the in-town shuttle system described in Policy D-3.6 shall be coordinated with the MPO through the Congestion Management System (CMS) by the year 2010. Policy D-3.8 [Deleted by Amendment 04-2] Policy D-3.9 The City shall coordinate with the MPO, through the Congestion Management System (CMS) to add deceleration lanes at Atlantic Avenue/I-95 by the year 2010 to relieve congestion. Policy D-3.10 The City shall eliminate the missing links in the sidewalk network throughout the TCEA and within one-quarter mile of its boundaries by FY 07~08. [Revised by Amendment 04-2] Policy D-3.11 Intermodal linkages shall be provided between different types of transportation. These could include sidewalks from parking areas to Atlantic Avenue, shuttle and bus stops, and a shuttle from bus stops to shopping areas or parking. TR - 48 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX (Amended Comprehensive Plan pages for the Housing Element) ADOPTION APPENDIX "C' COMPREHENSIVE PLAN AMENDMENT 04-3 ORDINANCE 29-04 COMPREHENSIVE PLAN I GULF STREA L-30 CANAL ~1/ ~ I ~l ; I II I I STB ~ ~' ~.- N.W, 2N0 LINT~ BOULEVARD I ~H~ /. ~ ~ ~ ~ STB I;~'f='=~ '"' ~'" ' ' "-' ~ STB ~ g ~_~ ~,.,, , ~-,. ~...., ~:,(s~.~ ~ RESIDENTIAL NEIGHBORHOOD // ~ ~ EATESORIZATION ~AP -- ~'~ ~ ~AP ~22 G~HIC S~ LEGEND: STB - STABLE RHB - RE~BILITATION c~ ~ ~Y ~, ~OR~ STBLZ - STABI~TION RDV - RED~ELOPMENT P~NING · ZON~G ~y ~ R~ - R~ITALI~TION [Map Revised by Amendment 04-02] HO-22 · ........................................ i i i CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "D" (Amended Comprehensive Plan pages for the Pubfic Facilities Element) ADOPTION APPENDIX "D' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" ENVIRONMENTAL PROTECTION Objective A-1 Sources of Pollution Policy A-1.1 Septic Systems Policy A-1.2 Rehabilitation of Sewer System Objective A-2 Solid Waste Policy A-2.1 Local Drop Off for Hazardous Waste Policy*A-2.2 Solid Waste Recycling Policy A-2.3 Waste Level of Service GOAL AREA "B' POTABLE WATER Objective B-1 Water Supply [Revised by Amendment Of-l] Policy B-1.1 WWTP Effluent Recycling Policy B-1.2 Aquifer Storage and Recovery (ASR) [Revised by Amendment 01-1] Objective B-2 Meeting Future Demands Policy B-2.1 Decrease in Consumption Policy B-2.2 Level of Service [Revised by Amendment 01-1] Policy B-3.3 New Development Concurrency Objective B-3 Groundwater Protection Policy B-3.1 Wellfield Protection Policy B-3.2 Minimal Reliance on Eastern Wellfield Objective B-4 Enhancement of Water Quality (Potable) Policy B-4.1 Reports to the City Commission [Revised by Amendment Of-1] Policy B-4.2 Water Main Inspection [Revised by Amendment 01-1] Policy B-4.3 Discourage Urban Sprawl Policy B-4.4 Alternative Treatment Methods [New Policy per Amendment 01-1] Objective B-5 Water Supply Facilities Work Plan [New Objective per Amendment 04-2] Policy B-5.1 Adoption of Work Plan [New Policy per Amendment 04-2] Policy B-5.2 Coordination with SFWMD [New Policy per Amendment 04-2] PF - 9 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-5.3 Prioritization of Improvements [New Po#cy per Amendment 04-2] Policy B-5.4 Schedule of Improvements [New Policy per Amendment 04-2] GOAL AREA "C" SEWER COLLECTION AND WATER DISTRIBUTION SYSTEMS Objective C-1 Master Plans [Revised by Amendment O~-l] Policy C-1.1 Water System Model [Revised by Amendment 01-1] Policy C-1.2 Sewer System Model [Revised by Amendment 01-1] Objective C-2 System Improvements Policy C-2.1 Remedial Work - Sewer [Revised by Amendment OO-2] Policy C-2.2 Remedial Work - Water [Revised by Amendment O0-2] Objective C-3 Availability of Facilities - Sewer Policy C-3.1 Obligations of New Development Policy C-3.2 Upgrading existing Facilities Objective C-4 Availability of Facilities - Water Policy C-4.1 Upgrading of Existing Facilities Policy C-4.2 Obligations of New Development Objective C-5 Revenue Allocations Policy C-5.1 General Fund Relationship Policy C-5.2 Annual Allocations for Upgrading of System Components Policy C-5.3 Financing of System expansions Policy C-5.4 Coordination with Other Improvement Projects Objective C-6 Wastewater Treatment Plant Policy C-6.1 Level of Service Policy C-6.2 Participation Formula Policy C-6.3 Sludge Disposal Policy C-6.4 Design Capacity GOAL AREA "D" BUILDINGS AND FACILITIES Objective D-1 Public Facilities Policy D-1.1 Repair and Maintenance PF - t0 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy D-1.2 Facility Replacement Policy D-1.3 Accessibility GOAL AREA 'E" STREETS AND DRAINAGE Objective E-1 Drainage Facilities Policy E-1.1 Project Priorities [Revised by Amendment Ol-~] Policy E-1.2 Design Standards Policy E-1.3 Storm Water Management Regulations Policy E-1.4 Design Frequency Standards Policy E-1.5 NPDES Programs and Activities Objective E-2 Funding Mechanisms Policy E-2.1 Stormwater Utility Fee Policy E-2.2 Bonding Objective E-3 Street Resurfacing and Reconstruction Policy E-3.1 Street Resurfacing Program Policy E-3.2 Street System Master Plan [Revised by Amendment Ol-l] Policy E-3.3 Sidewalk System [Revised by Amendment Ol-l] GOAL AREA "F" PUBLIC INFORMATION Objective F-1 Public Information Resources Objective F-2 Public Participation Policy F-2.1 Public Hearings Required Prior to Setting Priorities Policy F-2.2 Local Planning Agency Responsibilities Policy F-2.3 Priority Changes restricted PF-11 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-4.2 Whenever the opportunity occurs to uncover or examine an existing water main, an inspection shall be conducted relative to the presence of asbestos cement in the main. The results of each such inspection shall be logged and made a part of the Operation and Maintenance Plan. [Revised by Amendment 01-1] Policy B-4.3 The City shall assist in discouraging urban sprawl within areas of County jurisdiction by denying requests to make water service available outside its existing Planning Area to areas which could be developed at Iow density with City water facilities. Policy B-4.4 The City shall implement altemative treatment methods based on the results of the alternative treatment study in an effort to meet the EPA stage 2 disinfection by-product rule requirements. [New PolicyperAmendment01-1] Objective B-5 To ensure that there is an adequate water supply to meet existing and projected potable water needs, the following policies shall be implemented. [New Objective per Amendment 04-2] Policy B-5.1 The City shall adopt a 10-Year Water Supply Facilities Work Plan based on the availability and appropriate use of regional water resources and the combined use of alternative water supplies. The Work Plan shall be consistent with the City's Water Use Permit renewals. [New Policy per Amendment 04-2] Policy B-5.2 The City shall consider the most current version of South Florida Water Management District's Lower East Coast Water Supply Plan and Regional Water Plan in developing a 10-Year Water Supply Facilities Work Plan. [New Policy perAmendment 04-2] Policy B-5.3 The City will use the Water Supply Facilities Work Plan to prioritize and coordinate improvements to the City's water supply system. [New Policy perAmendment 04-2] Policy B-5.4 The City will maintain a current five-year schedule of capital improvements to the Water Supply System. [New PolicyperAmendment 04-2] PF - 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "C" SEWER COLLECTION SYSTEMS AND WATER DISTRIBUTION SYSTEMS SHALL BE PROVIDED TO UNSERVED AREAS, AND EXISTING SYSTEMS SHALL BE UPGRADED IN SUCH A MANNER AS TO PROVIDE FOR THE PROTECTION OF THE ENVIRONMENT THROUGH AN ACCELERA TED IMPROVEMENT PROGRAM. Objective C-1 The condition and inventory of the water and sewer systems shall be kept current through regular updates of the City atlas and surveillance programs. [Revised by Amendment 01-1] Policy C-1.1 The water .distribution system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be maintained utilizing the Hansen Data Base Program and shall be used in the planning of system extensions and upgrade requirements. [Revised by Amendment 0~-~] Polic¥C-1.2 The wastewater collection and transmission system atlas shall be maintained on an on-going basis and shall reflect current system inventory. Operational characteristics will be monitored by radio telemetry and surveillance programs, and shall be used in the planning of system extensions upgrade requirements. [Revised by Amendment 01-~] Obiective C-2 Upgrading of sewer and water facilities shall occur on an accelerated schedule. System upgrades shall be funded through annual appropriations in the Water and Sewer Renewal and Replacement Fund. Policy C-2.1 A study has been completed determining the total program cost of addressing remedial work needed, for wastewater lines and lift stations, to correct the problems with inflow and infiltration. The City shall allocate annual expenditures to complete the project over a 15 year time frame. [Revised by Amendment 00-2] Policy C-2.2 A study has been completed determining the total program cost of addressing remedial work needed to correct deficiencies in existing water lines. The City shall allocate annual expenditures to complete the project over a 15 year time frame. [Revised by Amendment 00-2] Objective C-3 Wastewater collection system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. PF- 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy C-3.1 New development shall be responsible for extending sewer service to and through the land to be developed. Said extensions shall meet the City's performance standards. Policy C-3.2 Upgrading of existing wastewater facilities shall be provided for through annual appropriations in the capital improvement program. Objective C-4 Potable water distribution system capacity is available to all areas within the City's service area. Installation of facilities shall be programmed when the need is demonstrated. Policy C-4.1 Upgrading of existing potable water facilities shall be provided for through annual appropriations in the capital improvement program. Policy C-4.2 New development shall be responsible for extending water service to and through the land to be developed. Said extensions shall meet the City's performance standards. Objective C-5 Capital raised through the water and sewer enterprise funds shall be allocated as required by bond covenants. Allocations shall include those in the following policies. Policy C-5.1 Transfers from enterprise funds to the general fund are made only for the fund's proportionate share of administrative costs and an in-lieu of tax payment. Policy C-$,2 Annual allocations shall be provided for upgrading system components (i.e. manholes, hydrants, etc.) in the Water and Sewer Renewal and Replacement Fund. Policy C-5,3 Upgrading of existing systems to construction and level of service standards and extension of new facilities to unserviced, inhabited areas shall be financed through appropriations in the Water and Sewer New Capital Outlay Fund. Policy C-$.4 Priorities for projects shall also consider other improvement projects (e.g. street construction and drainage) in establishing priorities. Objective C-6 The City Commission in its role with the Board of the South Central Regional Waste Water Treatment Plant shall examine ways in which increased costs associated with capital expansion can be avoided with respect to property owners within the City. PF- 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy C-6.1 The Level of Service of the waste water treatment plant is hereby established as 12 mgd, or 160 gpcd in addition to the specific requirements of Boynton Beach (capacity divided by effective buildout population of 75,000). Policy C-6.2 The City Commission shall, prior to commitments by the South Central Regional Waste Water Treatment Board for capital expansion at the wastewater treatment plant, renegotiate the participation formula for such expansion based on relative populations and usage at the time of the expansion. Policy C-6.3 Through its membership on the South Central Regional Wastewater Treatment Facility Board, the City shall assure that alternatives to land application of treated wastewater sludge are assessed, at least every two years, and shall continue to monitor the impacts of the effluent from the ocean outfall. Policy C-6.4 Average and peak flow design capacity for the Regional Wastewater Treatment Plant shall be 21 mgd and 30 mgd respectively. Thus, capacity need shall be monitored by the South Central Wastewater Regional Treatment Plant Board. GOAL AREA "D" A COORDINATED AND COMPREHENSIVE PROGRAM FOR THE PROVISION OF ADEQUATE OFFICE FACILITIES FOR THE CONDUCT OF CITY BUSINESS SHALL BE CONTINUED. Objective D-1 Provisions are to be implemented to maintain and upgrade existing public facilities to retain the acceptable level of service for the facility and to maintain the "marketability" of the facility and the City. This objective shall be met through the following policies. Policy D-1.1 The City shall continue its established program for the maintenance and repair of buildings and facilities, including such items as roof replacement and major structural repair, in a timely manner to maintain the viability of the facility. Policy D-1.2 The City shall continue its established program for the replacement of irreparable or obsolete buildings, facilities, and major facility elements and the upgrading of existing facilities to maintain their ability to deliver the established level of service to the community. Policy D-1.3 All new construction projects shall be in accordance with Federal guidelines on accessibility. The City shall make modifications to existing facilities that are easily achievable without great expense, such that the facility will be in accordance with Federal guidelines on accessibility. PF- 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "E" PROPERTY DAMAGE AND INCONVENIENCE TO THE PUBLIC CREATED BY FLOODING AND POOR STREET CONDITIONS SHALL BE SUBSTANTIALLY REDUCED AND, WHERE POSSIBLE, ELIMINA TED THROUGHOUT THE CITY. Objective E-1 A capital improvement program directed specifically to storm drainage and runoff management has been adopted by the City Commission, and capital projects, as identified in that program, shall be implemented with funding to come from the Stormwater Utility Fee. Policy E-I.1 Criteria for determining project priorities shall be as defined in the Stormwater Master Plan, and based upon correcting current, localized problems. Policy E-1.2 Minimum design standards for determining the scope of drainage projects shall be such as to establish a level of service at least equal to the standard of retaining the first one inch of runoff, or 2.5 inches of water storage times the percentage of impervious area, whichever is greater, to protect water quality. Policy E-1.3 Storm water drainage regulations which provide for the protection of natural drainage features and ensure that development utilizes storm water management systems which are compatible with this objective shall be retained. Policy E-1.4 The City shall maintain through regulations the minimum design storm return frequency for stormwater facilities capacity. Policy E-1.5 The City shall protect and enhance surface water quality through the full implementation of programs and activities included in the National Pollutant Discharge Elimination System (NPDES) permit. Policy E-1.6 The City shall develop and implement a stormwater mapping system and maintenance program for storm sewers and structures. Objective E-2 Drainage improvements and flood control measures shall be financed through the Stormwater Utility Fee. Funded projects shall be located throughout the City as opposed to being concentrated in a single quadrant. The fee shall be reassessed upon completion of the program. Objective E-3 The street system under the City's jurisdiction shall be maintained and enhanced to provide a uniform level of service throughout the City and provide a safe and convenient transportation network. PF - 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy E-3.1 The program of resurfacing streets shall be maintained with at least the current funding level. Policy E-3.2 The City shall develop a street system master plan to enable the development of criteria to prioritize annual work programs and allow optimum funding decisions. The master plan will be completed by FY 01/02, and will address all components of the street system, including roadway surface, signs and markings, on- street parking, storm sewers and swales, and street lights. ^ sidewalk survey was completed in 1999 and will be used to establish sidewalk work programs. [Revised by Amendment 01-1] Policy E-3.3 The City shall program installation of sidewalks on an annual basis, with the goal of completing a safe and convenient sidewalk system throughout the City by the year 2005. [Revised by Amendment 01-1] _. PF - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "F" THE NEED FOR ENHANCEMENT OF PUBLIC FACILITIES AND THE PROCESSES USED TO IDENTIFY, PRIORITIZE, AND FINANCE IMPROVEMENTS SHALL BE PUT FORWARD IN A MANNER WHICH IS EASILY UNDERSTOOD BY THE PUBLIC AND IS CONSISTENTLY AND ECiUITABL Y APPLIED. Objective F-1 Public knowledge and understanding of public facilities and infrastructure planning shall be assured through continuation of the following practices: display of system maps for water, sewer and drainage in City Hall; ready availability of the Five Year Capital Improvement Plan; prominent display of pamphlets addressing water conservation, solid waste disposal, and other subjects relative to public facilities. Objective F-2 Public awareness of the methods used to determine public improvement activities, and public input to the process, shall be encouraged through the continued implementation of the following: Policy F-2.1 Public input through testimony received at public hearings, advertised and held before the Local Planning Agency, shall be solicited annually during winter months in order to identify geographic areas which are most in need of improvements. Policy F-2.2 Criteria, as identified in the Capital Improvement Element, shall be followed in the establishment of priorities for construction of public facilities. On an annual basis, the Local Planning Agency shall forward to the City Commission a listing of new or revised priorities with written findings as to the relationship of projects to those criteria. Policy F-2.3 Once established, program priorities shall not be altered except as allowed in the policies established for implementation of capital improvement programming. PF - 21 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "E" (Amended Comprehensive Plan pages for the Conservation Element) ADOPTION APPENDIX "E" COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" WATER QUALITY AND QUANTITY Objective A-1 Protection of Water Sources Policy A-1.1 Monitoring of Groundwater Policy A-1.2 Utilization of Cost-Effective Technology Policy A-1.3 Preservation of Recharge Areas Policy A-1.4 Sludge Disposal Objective A-2 Wellfield Protection Program Policy A-2.1 Performance Standard Requirement Policy A-2.2 Inspection and Monitoring of Commercial Pr6perty Policy A-2.3 Hazardous Waste Storage/Transfer/Generation Prohibited Objective A-3 Disposal of Hazardous Material Policy A-3.1 Maintain Existing Programs Policy A-3.2 Public Education Programs Policy A-3.3 Monthly Collection of Household Hazardous Waste Policy A-3.4 Central Collection Site for Household Hazardous Waste Objective A-4 Water Conservation PolicyA-4.1 Public Information Policy A-4.2 Retrofitting Program-Household Fixtures Policy A-4.3 Water-Saving Irrigation Techniques Policy A-4.4 City Use of Xeriscape Policy A-4.5 Surface Water for Irrigation Policy A-4.6 Reduction of Potable Water Use for Irrigation Policy A-4.7 Effluent Reuse for Irrigation Policy A-4.8 Sealing of Wells Policy A-4.9 Emergency Water Conservation Objective A-5 Regional Water Supply [Added by Amendment 04-2] Policy A-5.1 Water Supply Plan [Added by Amendment 04-2] GOAL AREA 'B' CONSERVATION OF SENSITIVE LAND Objective B-1 Sensitive Lands to be Protected Policy B-1.1 Land Use Designation and Zoning of Sensitive Sites [Revised by Amendment 04-2] CO - 9 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-1.2 Hurricane Pines [Revised by Amendment 98.1] Policy B-1.3 [Deleted by Amendment 99-1] Policy B-1.4 City-owned Park at Blood's Grove Policy B-1.5 Oak Hammock at the Hammock Reserve Policy B-1.6 Natural Reservations/Historic Sites Policy B-1.7 Invasive Exotic Plant Species Policy B-1.8 FIND Parcel (MSA 650) [Added by Amendrnent 04-2] Objective B-2 Regulation and Public Awareness Policy B-2.1 Biological Survey Requirement Policy B-2.2 Preservation of Habitat Policy B-2.3 Tree Permit Requirement Policy B-2.4 Speed Limits on the Intracoastal Objective B-3 Erosion Protection Policy B-3.1 Soil Erosion Control Measures Policy B-3.2 Lake Ida Shoreline Protection Policy B-3.3 Intracoastal Seawall and Shoreline Protection Objective B-4 Beach Renourishment Program Policy B-4.1 Pedestrian Access Control Policy B-4.2 Sea Turtle Conservation Program Policy B-4.3 Dune Protection Programs Policy B-4.4 Offshore Reefs and Marine Habitat GOAL AREA "C" AIR QUALITY AND WATERWAYS Objective C-1 Air Quality Objective C-2 Waterways Quality Policy C-2.1 Lake Ida Water Quality Policy C-2.2 Discharges into Intracoastal Waterway co - 10 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-4.3 The City shall encourage a broad range of water-saving irrigation techniques through the continued enforcement of the landscape code. PolicyA-4.4 Wherever possible, the City shall use xeriscape instead of traditional landscaping on City property. As a part of the submittal of any landscape plan, a xeriscape approach must be considered. Policy A-4.5 Water which flows in canals or drainage lakes shall be used wherever possible for irrigation of golf courses and open space areas. The possibility of such water use shall be explored during the review of any development plans which are in proximity of such a water source. Policy A-4.6 The City shall continue its present policy of requiring a water source, other than City water, for irrigation purposes in geographically defined areas of the City. PolicyA-4.7 The City, through the Regional Wastewater Treatment Facility Board, shall continue to monitor the area of effluent reuse with the ultimate goal of reclaiming and reusing more effluent from the wastewater treatment plant if and when such a program becomes technically and economically feasible. Priorities for expansion of effluent reuse should be on golf courses in the City, and in the Coastal Planning Area. Policy A-4.8 Whenever water wells are discontinued from use, they shall be plugged and sealed as required by the Florida Department of Environmental Protection. Policy A-4.9 The City of Delray Beach hereby supports the public education programs and emergency powers of the South Florida Water Management District with respect to the conservation of water sources and shall, when such programs and activities are imposed by the District, impose those similar restrictions which are available under the City's emergency water conservation powers. Objective A-$ To address the City's existing and projected potable water needs and sources in the context of the regional water supply, the following policy shall be implemented. [Added by Amendment 04-2] Policy A-5.1 During preparation of the Evaluation and Appraisal Report, due in 2006, the City shall revise the Conservation Element to access projected water needs and sources for at least a 10-year planning period considering the South Florida Water Management District's Lower East Coast Water Supply Plan. [Added by Amendment 04-2] GOAL AREA "B" NATURAL RESERVATIONS AND SENSITIVE LANDS WHICH PROVIDE HABITAT AND CONTAIN NATIVE VEGETATION WHICH ARE VITAL TO THE MAINTENANCE OF THE ENVIRONMENTAL QUALITY OF THIS COMMUNITY SHALL BE CONSERVED AND PROTECTED. CO - 13 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-1 The City shall undertake efforts, through the following policies, to protect natural reservations and environmentally sensitive areas. Policy B-I.'I Publicly-owned environmentally sensitive areas have been identified on the Future Land Use Map by an "Open Space - Conservation" symbol. The FIND parcels 645 and 650 have been zoned into the conservation zone district. These designations shall be maintained in order to further Objective B-1 as well as the Goals, Objectives and Policies of the Open Space and Recreation Element. [Revised by Amendment 04-2] Policy B-1.2 Any development proposal for the Hurricane Pines site along S.E. 10th Street shall be accompanied by a complete, independent assessment of the environmentally sensitive portions of the site. The assessment shall define the exact area of environmentally sensitive flora, and address the potential for preservation of the area. If it is determined by the City that preservation is not feasible, a condition of the development order will be for the developer to enter into a mitigation agreement with the City whereby the developer will donate land with a similar habitat to be preserved, or funds to be used for the purchase of similar habitat within the City or the management of existing conservation lands. The amount of the donation will be based on the appraised value of Hurricane Pines, and will equal the value of the environmentally sensitive area which will be lost through development. [Revised by Amendment 98-1] Policy B-1.3 [Deleted by Amendment 99-1] Policy B-1.4 The City-owned park site in the Hammock Reserve area shall be developed with primarily passive uses to maximize retention of the existing native plant communities. Policy B-1.5 The 4 acre oak hammock in the Hammock Reserve development shall continue to be preserved as a environmentally sensitive site. Policy B-1.6 Natural reservations which exist as historic sites shall be protected through the continued implementation and enforcement of the City's Historic Preservation Ordinance. Policy B-1.7 The City's Landscape Ordinance shall provide for the removal of existing invasive exotic species such as Australian Pine, Brazilian Pepper, and Melaleuca on private property as development and/or redevelopment occurs. It shall also prohibit the planting or cultivation of these species anywhere within the City. Policy B-1.8 FIND parcel (MSA 650) shall be developed to provide public park areas and additional access to the Intracoastal Waterway through the provision of a boat ramp and parking area. The development of these facilities shall maximize retention of the existing native plant communities. [Added byAmendment04.2] CO - 14 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 Programs of education and regulation shall be implemented to increase public awareness and provide for the protection of flora and fauna. Regulatory measures shall ensure the protection, preservation, conservation, and appropriate use and protection of fisheries, wildlife and marine habitats which serve as habitat for endangered and threatened plant and animal species. Policy B-2.1 The submission of a biological survey and a habitat analysis shall accompany land use requests for plan amendments, rezonings, and site plan approval. However, the requirement shall not apply to small parcels, developed parcels, or where it is apparent that there are no such resources. Policy B-2.2 Whenever and wherever significant or sensitive flora and fauna communities are identified, plans shall be required to preserve the habitat to the extent feasible, or provide for mitigation if preservation is infeasible or inappropriate. Policy B-2.3 A tree permit shall be necessary to remove or destroy any tree which has a diameter of four inches or greater. Policy B-2.4 The City supports the maintenance of speed limits on the Intracoastal Waterway in order to provide a degree of protection for the Manatee. Objective B-3 The City shall implement programs and techniques to protect property from erosion and deterioration created by the impacts of wind and flowing water. Policy B-3.1 The City shall continue to control erosion from wind and flowing water through the building permit review and inspection process and the soil erosion control ordinance. Policy B-3.2 The City supports Palm Beach County's program to restore and protect the shoreline of Lake Ida. In addition, the City supports continuing monitoring of boating activity in the lake to assure that this activity does not produce adverse impacts on the shoreline. Policy B-3.3 A program to accommodate necessary repair, replacement, and maintenance of City-owned seawalls along the Intracoastal Waterway shall be retained. Objective B-4 The City shall continue to implement its beach erosion control program and the environmental protection and enhancement aspects of its Beach Renourishment Program. CO - 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-4.1 As a part of the City's ongoing beach renoudshment and protection program, the existence of pedestrian accesses to the beach shall be maintained and enhanced through the continuation of the dune management program. Where necessary to control erosion, accesses shall be enhanced in accordance with the Beach Access Study. Policy B-4.2 The City shall continue to implement the Sea Turtle Conservation Program, which includes monitoring of nesting and hatching activity, and enforcement of lighting restrictions. Policy B-4.3 The City shall continue to implement its dune protection and enhancement programs, which include management of the dunes at the municipal beaches and regulation of private development activities. Policy B-4.4 The City shall maintain existing programs to protect offshore reefs and marine habitat through monitoring and management of beach renourishment construction activities. GOAL AREA "C" THE QUALITY OF THE AIR AND THE RECREATIONAL WA TERWA YS OF THE COMMUNITY ARE TO BE PROTECTED AND ENHANCED. Obiective C-1 The level of air quality exceeds minimum FDEP standards pursuant to Florida Administrative Code Rule 17-2.300. The City shall continue efforts to maintain this condition through support of motor vehicle inspections and air quality regulations, and the high level of maintenance of its fleet. Objective C-2 The City shall support and participate in regional efforts to protect and enhance the quality of waterways, including Lake Ida, the drainage canal system, and the Intracoastal Waterway. Policy C-2.1 The City shall encourage continued monitoring and enhancement of the Lake Ida water quality by the responsible agencies, with the goal of achieving a level of water quality that will allow swimming. Policy C-2.2 The City shall seek the placement of signs on the Intracoastal Waterway discouraging discharge of litter and emphasizing the location of public sewage pump- out stations. CO - 16 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "F" (Amended Comprehensive Plan pages for the Open Space and Recreation Element) ADOPTION APPENDIX "F" COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" RECREATION OPPORTUNITIES AND FACILITIES Objective A-1 Level of Service Adopted PolicyA-l.1 Maintenance of L.O.S. Objective A-2 Provision of Recreation Facilities Policy A-2.1 Additional Services to be Provided Policy A-2.2 Methods of Providing Additional Service Policy A-2.3 Annual Allocation Required Policy A-2.4 Scenic Recreation Network Policy A-2.5 Bicycle Safety Education Policy A-2.6 Catherine Strong Center and Full Service Center Policy A-2.7 Neighborhood Mini-Parks [Re~i~¢dby.4=endment 00-21 PolicyA-2.8 Community Center Expansion Policy A-2.9 Reuse of Sarah Gleason Park PolicyA-2.10 Field Lighting Policy A-2.11Criteda for Increasing CIP Priority Policy A-2.12Criteria for Increasing CIP Priority Policy A-2.13Criteria for Increasing CIP Priority Policy A-2.14Master Plan [Added by Amendment 04-2] Policy A-2.1 5 Old School Square Urban Park [Added by Amendment 04-2] Objective A-3 Public - Private Partnerships Policy A-3.1 Tots Lots and Recreation Areas Required in New Residential Developments Policy A-3.2 Public Role in the Arts and Culture Policy A-3.3 Youth Activities Policy A-3.4 Joint Use Programs with the School District PolicyA-3.5 Information Exchange Policy A-3.6 Provision of Leisure Programs and Activities Policy A-3.7 Provision of Diversified Recreation Programs Objective A-4 Private Recreational Facilities Policy A-4.1 LDR Analysis Re: Private Recreational Facilities Policy A-4.2 Staff Assistance to Developers GOAL AREA "B" OPEN SPACE Objective B-1 Retention of Open Space os - 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy B-1.1 View Corridors Policy B-1.2 Street Beautification Programs Policy B-1.3 Entry Features and Landscape Buffers Objective B-2 Preservation of Natural Areas Policy B-2.1 Preservation of"Conservation Areas" Policy B-2.2 Zoning Requirements Policy B-2.3 Beach Pedestrian Access Objective B-3 Accessibility Policy B-3.1 Access to the Intracoastal Waterway policy B-3.2 Beach Access Objective B-4 Passive Area Public Access and Facilities OS- 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" RECREATIONAL OPPORTUNITIES AND FACILITIES WHICH ENHANCE THE QUALITY OF LIFE, PROVIDE FOR FAMILY RECREATION AND INTERACTION WITH OTHERS, AND PROMOTE THE SPIRIT OF COMMUNITY SHALL RECEIVE HIGH PRIORITY IN THE INVESTMENT OF THE CAPITAL RESOURCES OF THE CITY. Objective A-1 The City hereby adopts the Department of Natural Resources Standards for Park Facilities in Florida, and the National Park and Recreation and Open Space Standards, as shown in this Element as measures for "level of service" applicable to parks, recreation, and open space in Delray Beach. Policy A-1.1 The City shall maintain the adopted level of service for all recreational facilities through build-out. Obiective A-2 Park and recreation facilities shall be adequately and efficiently provided through implementation of the following policies: Policy A-2.1 The City shall provide additional park, recreation, and open space facilities through enhancement of existing facilities, major capital improvements, and the provision of new services to geographic areas which do not have facilities readily available to them. Policy A-2.2 The City, through the Parks and Recreation Department, shall place its first recreation priority on the provision of facilities for activities which serve all residents of the community and which can be achieved through completing the development of existing park areas, enhancing existing facilities, and adding specialized items such as playgrounds to existing facilities. Policy A-2.3 Funds shall be allocated, on an annual basis, for the purpose of achieving Policy A-2.2. This mechanism shall only be one of the funding sources which are applied to meeting that policy. Policy A-2.4 The City shall strive to develop a scenic recreational network for pedestrians and bicyclists. This network should make use of existing resources where possible, such as canal rights-of-way. In this way the scenic network would be similar to the rails-to-trails concept. Development of the network is not seen as a high priority work item, but every opportunity to advance such a network should be taken. Policy A-2.$ The City shall continue to support and expand bicycle safety education programs for both children and adults. OS- 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-2.6 The City shall develop a program, in FY 98/99, to improve and upgrade the recreation facilities at the Catherine Strong Center, and shall work with the School Board to assure maintenance and improvement of the recreation facilities at the Full Service Center. Policy A-2.7 As part of the preparation of redevelopment and neighborhood plans the City shall evaluate the possibility of establishing neighborhood or "pocket parks" in the area for which the plan is being prepared. The evaluation should include identification of vacant or surplus parcels, and strategies to assure that the neighborhood determines the parameters of the park and is responsible for construction and operating costs. Such strategies should rely heavily on existing neighborhood associations as the originating, motivating and organizing forces. IR~isea b~ A=e,a=e,t 00-21 Policy A-2.8 Provide needed office space in the Community Center while maximizing multi-purpose room space for program needs. The expansion of the Community Center, or other solutions to the need to accommodate office and program space, should be a funding priority in the Comprehensive Plan. Policy A-2.9 The City shall develop a program, with funding requirements, for the reuse of Sarah Gleason Park (southwest corner Atlantic/A1A). Program development shall be completed in FY 97/98. Policy A-2.10 The City shall develop a program, with funding requirements including cost sharing by the School Board, for field lighting at the Full Service Center and Carver Middle School. Program development shall be completed in FY 97/98. PolicyA-2.11 Whenever the accomplishment of one or more of the activities cited can be achieved through major investment in an existing facility, such a situation shall be a justification for raising the priority of the major capital improvement on the capital improvement list. Policy A-2.12 The priority of a specific project may move up if it is funded from a dedicated revenue source and that funding is sufficient to accommodate the improvement (e.g. golf course improvement funded by a golf cart surcharge). Policy A-2.13 The priority of a specific project may move up if there is a contribution from the private sector, or other sources, or area development/redevelopment can be coordinated with its construction. Policy A-2.14 All planning for parks and recreational facilities shall be in accordance with the adopted City of Delray Beach Parks and Recreation System Master Plan. [Added by Amendment 04-2] Policy A-2.15 The City shall establish an Urban Park as part of the expansion of Old School Square Cultural Center. Multiple funding sources are to be pursued and the development should be accomplished by FY 2006/07. [Added by Amendment 04-2] OS- 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Obiective A-3 The provision of recreation facilities and programs for the future well-being of this community is a joint responsibility of both the public and private sectors. That partnership shall be continued by each body taking an appropriate role as expressed in the following policies. Policy A-3.1 Tot lots and recreational areas, serving children from toddlers to teens, shall be a feature of all new housing developments as part of 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. Policy A-3.2 The role of the Parks and Recreation Department in fulfilling community needs in culture and the arts shall continue to focus on programs. Private and quasi- public groups (e.g. Old School Square Foundation, Public Library, Atlantic Avenue Merchants Association, Historic Society, etc.) should be encouraged to provide facilities necessary to accommodate the arts (e.g. auditorium, indoor concerts, and the performing arts). The City shall provide reasonable assistance to such groups in as much as such efforts relate to the overall economic development of the community. PolicyA-3.3 The City shall continue to develop and sponsor programs for youth activities. Policy A-3.4 The City, through the Parks and Recreation Department, shall continue its formal relationship and program with the school distdct for the joint use of school grounds for active sports such as soccer and for the creation of educational programs such as use of the nature and interpretative trails. Policy A-3.5 The City shall develop a program, with funding requirements, to establish an information exchange, staffed by City personnel, acting as a clearinghouse to encourage and publicize recreational activities to meet the needs of all cultural and age groups. Program development shall be completed in FY 97/98. Policy A-3.6 The City shall continue to encourage other community partners, including religious and social organizations, to join in the effort to provide leisure programs and activities for the community as a whole. Policy A-3.7 The City shall develop a program, with funding requirements, to diversify recreational programs to offer more alternative sports, music, drama, arts and crafts and youth-in-government programs. Program development shall be completed in FY 97/98. OS - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective A-4 The provision of recreational facilities by the private sector is an important factor in the quality of life in the entire community, especially for teenagers and young adults. The City shall encourage the siting of appropriate private recreational facilities within the City through the provision of informational services, and consideration of innovative, quality development proposals. PolicyA-4.1 The City shall consider modifications to the Land Development Regulations with regard to private recreational facilities, including the number of permitted, vs. conditional, recreational uses allowed in commercial zoning districts. Policy A-4.2 The City shall establish, within the Planning and Zoning Department, a staff level task team to assist potential developers of private recreational facilities. GOAL AREA "B" AN OPEN SPACE RETENTION AND ENHANCEMENT PROGRAM SHALL BE PURSUED IN ORDER TO ENRICH THE QUALITY OF LIFE IN DELRAY BEACH AS WELL AS ENHANCING PROPERTY VALUE AND THE COMMUNITY AESTHETIC Objective B-1 The retention of open space areas is vital to meeting the overall themes of the Comprehensive Plan. Part of the image of open space is that of vistas and streetscapes. The maintenance of vistas and enhancement of the streetscapes are objectives which shall be accomplished through the following: Policy B-1.1 Large open space areas like golf courses and lakes, when developed within a subdivision, shall be located so that they provide a view corridor for the general public. Similarly, common areas which are a part of new developments shall be located, in some degree, contiguous to the external street system and likewise provide a view corridor. Policy B-1.2 The City shall continue its on-going street beautification efforts, including programs such as Adopt-A-Tree, landscaping upgrades as part of street construction projects, and an emphasis on providing sufficient funds to maintain existing landscaping at a high level. Policy B-1.3 New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. Back-lotting of individual homes along such streets should be allowed only when special landscape buffers are provided between the rear yard walls or fences and the right-of-way. OS - 21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 Natural areas which provide relief from the urban fabric, provide a glimpse of the natural environment of South Florida, provide a natural laboratory for exploration of the area's history, and provide for a balance between the natural and man-made environment shall be preserved through the following policies. Policy B-2.1 The Land Use Map shall identify as "conservation" the following areas which shall be preserved: CI The FIND parcels 645 and 650 along the Intracoastal; El The Leon Weekes Environmental Preserve; El Delray Oaks; El The oak hammock in the Hammock Reserve development; and, I~ The Donnelley Tract on Palm Trail. Policy B-2.2 The Open Space (OS) and Open Space and Recreation (OSR) Zone Districts of the Land Development Regulations shall be applied to "Recreation", "Open Space" and "Conservation" parcels. The OS Zone shall provide for distinct standards applicable to open space lands and to conservation lands. Policy B-2.3 As a part of the City's ongoing beach renourishment program, the existence of pedestrian accesses to the beach shall be maintained and enhanced (See Conservation Policy B-4.1). Obiective B-3 Not only shall existing access to beach areas and the Intracoastal Waterway be retained, but enhanced with special emphasis placed upon beach accessibility for residents of Delray Beach. This objective shall be accomplished through the following. Policy B-3.1 Additional access to the Intracoastal Waterway shall be achieved through improvements made at the time of development of the FIND parcel (MSA 650). Policy B-3.2 Current access points and pathways to the beach shall be enhanced through the policies which implement Objective B-4 of the Conservation Element. Obiective B-4 The City shall ensure that public access and that passive resource-based facilities (i.e. trails, wildlife observation areas, etc.) are provided on publicly owned natural areas for the public use and enjoyment of the site. OS - 22 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "G" (Amended Comprehensive Plan pages for the Intergovernmental Coordination Element) ADOPTION APPENDIX "G' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES, AND POLICIES GOAL AREA "A" USE OF INTERGOVERNMENTAL COORDINATION Objective A-1 Coordination of Plans Policy A-1.1 Distribution Prior to Adoption Policy A-1.2 Consistency with Adjacent Governments Policy A-1.3 Mediation of Conflicts Policy A-1.4 Provision of Services and Information Policy A-1.5 Annexation Coordination Policy A-1.6 Continuing Application Policy A-1.7 Adjacent Local Government Notification Policy A-1.8 Assessment of Local Government Impacts Policy A-1.9 Designation of Joint Planning Areas [New Policy per Amendmentgg-lCE] Policy A-l.10Collaborative Planning for Matters of Interjurisdictional Significance [New Policy per Amendment 99-1CE] Policy A-1.1 1 Regional Water Supply [New Policy per Amendment 04-2] Objective A-2 Coordination of L.O.S. Standards Policy A-2.1 Distribution Prior to Adoption Policy A-2.2 Provision of Information Policy A-2.3 Resolution of Conflicts Policy A-2.4 Continuing Application Objective A-3 School Board Coordination Objective A-4 Coordinating the Needs of Other Elements Objective A-5 Improving Intergovernmental Coordination lC -19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" A CONTINUOUS AND COORDINATED EFFORT WHICH INVOLVES ALL AFFECTED UNITS OF GOVERNMENT, REGULATORS, AND SERVICE PROVIDERS SHALL BE MADE IN PURSUIT OF ACCOMPLISHING THE GOALS OF THE COMPREHENSIVE PLAN Objective A-1 The City's Comprehensive Plan shall be coordinated with the planning and service delivery efforts of those units of government and agencies which may be impacted by it. This objective shall be met through the following: Policy A-1.1 Notification of proposed plan amendments shall continue to be provided to all local units of government in. Palm Beach County through the Interlocal Plan Amendment Review Committee (IPARC), and to affected adjacent municipalities and service providers through direct notification. Policy A-1.2 Amendments to plans of adjacent units of government shall be reviewed pursuant to the formal plan amendment review program. The City Manager, or his designee, is authorized to issue a statement of "intent to object" when the actions of another municipality may affect the City of Delray Beach. Such situations may be analyzed by the Local Planning Agency who shall recommend to the City Commission any formal objection which is to be made. Policy A-1.3 Conflicts which may occur in the implementation of the City's Comprehensive Plan or which may occur in the implementation of the Plan of a neighboring jurisdiction shall be brought to the attention of the affected jurisdiction in order to resolve the situation. If an early resolution of the conflict cannot be achieved, the item will first be taken to the Multi Jurisdictional Issues Coordination Forum for review and direction. If further resolution is still necessary, the informal mediation process provided by the Treasure Coast Regional Planning Commission shall be pursued by the City of Delray Beach. Policy A-1.4 The City Manager's Office through its Planning and Zoning Department shall maintain a listing of entities affected by this Plan and shall provide to them information regarding City actions which affect provision of services or plans for facilities which affect them. PolicyA-1.5 Future annexations by the City of Delray Beach shall be carried out pursuant to Policy B-3.5 of the Future Land Use Element (Annexation Program) and shall be consistent with adopted annexation policies of Palm Beach County. Consistency shall be determined by specific notification of each annexation to the Planning Director and concurrence by that office. lC -20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Policy A-1.6 This objective and its implementing policies shall be followed for each proposed plan amendment. PolicyA-1.7 Whenever a development proposal which involves a private land use petition that requires Local Planning Agency review or implements a development activity proposed in this Comprehensive Plan and it is located within one-quarter mile of the boundary of an adjacent unit of government, a copy of the development application or development activity description shall be provided to the affected unit of government upon its receipt by the City of Delray Beach. Policy A-1.8 The staff report prepared for any development application or development activities proposed in the plan and provided to the Local Planning Agency shall contain an assessment, if applicable, of how the proposed activity may affect the existing plans of any adjacent local government. Policy A-1.9 The City shall coordinate with Palm Beach County to designate those unincorporated areas within the City's official Planning Area as "Joint Planning Areas". Those areas shall be subject to the policies included within Future Land Use Element Objective B-3. This coordination shall be accomplished through the execution of an interlocal agreement with Palm Beach County within one year from the date of adoption of this policy. [New Policy per Amendment 99-1CE] PolicyA-l.10 The City of Delray Beach shall utilize the Palm Beach Countywide Intergovernmental Coordination Program as a regular formal forum in which to deal with issues unique to Palm Beach County and the municipalities. The Multi-Jurisdictional Issues Coordination Forum shall be utilized as a means of collaborative planning for matters of interjurisdictional significance including, but not limited to, the siting of facilities with countywide significance and locally unwanted land uses. [New Policy per Amendment 99-1C£] Policy A-1.11 The City shall support efforts to integrate land use and water resource planning to ensure the availability of water for regional water management purposes. Accordingly, the SFWMD shall be designated as a commenting agency on large scale plan amendments and other projects with potential impacts on regional water resources and programs, and shall be encouraged to provide comments prior to any action on the amendments, rezonings or development projects with regional impacts, made by the Local Planning Agency / Zoning Board, or the City Commission. [New Policy per Amendment 04-2] Obiective A-2 The level of service standards contained within this Plan shall be reviewed by and established in conjunction with the entity which has operational and maintenance or planning responsibility for such facilities. Policy A-2.1 During review of any Plan amendment which involve changes to the level of service standard, letters shall be sent to each entity which is affected by a level lC -21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 of service standard adopted pursuant to this Plan. The letter shall ask for concurrence with the proposed standard. Policy A-2.2 Additional information as to the basis of the level of service standard shall be provided to said entities upon request. Policy A-2.3 Any conflicts emanating from Policy A-2.1 and which are not resolved prior to resubmission to D.C.A. shall be taken to the Interlocal Plan Amendment Review Committee (IPARC) and Multi-Jurisdictional Issues Coordination Forum as appropriate, for direction and/or mediation. Policy A-2.4 This objective and its implementing policies shall be followed for each proposed plan amendment which affects a level of service standard. Objective A-3 The objectives and policies contained in Goal Area D of the Future Land Use Element and which provide mutual obligations for the enhancement of schools in Delray Beach and the furtherance of School District policies shall be coordinated with the School District, with the goal of implementation of the City's adopted plan entitled "Sharing for Excellence in Schools 1994". Objective A-4 The City shall emphasize the intergovemmental coordination activities needed to achieve the policies and programs identified in other elements of the Plan, as described in the Needs and Recommendation section of this Element. Objective A-5 The City shall seek to improve relationships with those entities with which coordination problems have been identified. lC -22 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "H" (Amended Comprehensive Plan pages for the Capital Improvement Element) ADOPTION APPENDIX "H' COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~25,000 RECREATION IMPACT FEE Delray Swim & Tennis Club Ph II 50,000: 0 0 0 0 TOTALS: $50.000 $0 $0 $0 $0 COMMUNITY DEVELOPMENT FUND Land Acquisition 30,000 0 0 0 0 Bikepaths/Sidewalks 90,000 0 0 0 0 TOTALS: $120,000 $0 $0 $0 $0 BEAUTIFICATION TRUST FUND Computerized Irrigation System 75,000 50,000 50,000 50,000 0 Lake Ida FenceNVall 125,000 0 0 0 0 North Dixie Hwy 50,000 0 0 0 Cit~ Wide Tree Trimming - Equipment 0 0 133,000 0 0 TOTALS: $250,000 $50,000 $183,000 $50,000 $0 BEACH RESTORATION FUND Surveys 34,740 36,129 37,575 39,078 50,000 Engineering 0 0 278,500 93,000 70.000 Fill Placement 0 0 0 0 7,250.00(3 Construction - Bid 0 0 0 23,500 0 Post Construction Environmental 0 O i 0 265.000 Construction - Environmental 0 ..0 0 0 265.00~ Constructiuon - Loan 0 0 0 0 365.00(3 Sea Turtles Monitoring 14,800 16.300 16,300 16,300 30,00(] Dune Revegetation 50,000 50,000 50,000 0 (3 Llpdate Geotech 0 0 150,000 0 Other Expenses 6.000 6,000 6,000 6,000 6,00(] TOTALS: $105,540 $108,429 $538,375 $442,878 $8,036,000 GENERAL CAPITAL IMPROVEMENTS !Streets, Alleys, Parking Lots, Bridges & Sidewalks Street Reconstruction 100,000 140,000 150,000 150,000 150,00(] Sidewalks/Swales/Bikepaths 0 5O,0OO 5O,OOO 50,0OO 50,OO(] Pineapple Grove-Sidewalks 0 0 0 52,000 Downtown Parking Lots 0 0 138,000 0 traffic Calming 50,000 100,000 100,000 100,000 100,0013 FEC X-ing Rehab 60,000 63,000 66,000 69,000 72,00(~ FEC Quiet Zones 13,000 75,000 0 0 Dixie Highway-US I Connector 0 90,000 0 0 Osceola Park 132,500 615,500 0 0 Count~/Club Acres 400,000 0 0 0 ;W 2nd Av - SW 1st St to Atlantic Av 0 230,000 0 0 0 SE/NE 1st Street One-Way Pair 700,000 0 0 0 ~,tlanfic Avenue @ NW 24th Ave Signalization 150,000 0 0 0 0 Bridge - Linton Blvd Tender House 0 167,000 0 0 0 NE 8th Avenue- North of Bond Way 0 52,000 0 0 SW 8th Avenue - SW 11th St to SW 10th St 0 72,000 0 0 0 SW 1st Av - SW 1st St to W Atlantic Av 0 0 0 293.000 0 Dotterel Road-Audubon Blvd to N End 0 0 0 0 423,000 Block32 Alley 0 0 0 0 44,000 Buildin~l Construction/Rehabilitation Cemetery Maintenance Building 0 0 0 170,000 0 Fi~-Rescue/Police Training Facility 250,000 0 0 0 0 Beautification SE/NE 5th Av & 6th Av ~ SE 4th St to NE 4th St 850.000 5,000.000 0 0 0 SE/NE 5th Av & 6th Av - SE 4th St to SE 10th St 850,000 5,000,000 0 SE/NE 5th Av & 6th Av - NE 4th St to George Bush Blvd 850,000 5,000.000 W Atlantic Av - Ph III - 10th Av to 6th Av 2,013,000, 0 0 0 0 W Atlantic Av - Ph IV - 12th Av to loth Av 0 1,755,000 (3 O! 0 SE 2nd St - S Swinton Av to FEC X-ing 0 0 (3 211,000 0 Parks & Recreation Facilities Tennis Center Canopy Replacement 0 25,000 (3 0 0 Tennis Center-Rehab Clay Courts 0 50,000 50,00(] 50,000 50.000 Tennis Center-Replace Stadium Seats 0 0 0 70,000 35,000 Tennis Center-Equipment Storage Enclosure 0 0 0 0 25,000 Pompey Park Roof Replacement 375.000 0 0 0 0 Pompey Park/Community Center Bleachers 0 40,000 0 55,000 0 Parks-Replace Playground Equip. 30,000 30,000 0 0 0 Parks-Parking Lots 0 0 90,000 0 90,000 Merdtt Park 0 0 45,000 0 0 Bam/ick Park Resodding 0 0; 0 0 60.000 Old School Square Maintenance 43.000 O: 0 0 0 Old School Square Roof Repair 100,000 0 (3 0 0 Miller Park-Bleacher Replacement 0 0 0 0 62,500 Miller Park-Fence Replacement 0 50,000 100,000 0 (] Miller Park-Parking Lot Expansion 0 0 100,000 0 Miller Park Storage Building 0 0 0 200,000 Office Expansion/Park Maintenance 0 0 85,000 0 Building & Equip. Renewal & Replacement City Commission Chambers Modernization 0 221,000 0 0 0 [Table Revised by Amendment 04-2] CI-28 COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE CI-CIP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS > ~.5,000 "0ity Hall Generator 0 0 0 0 230,000 Building Maintenance 100,000 100,000 150,000 150,000 150,000 Roof Repair & Replacement 103,000 40,000 177,500 107,000 0 R&R-Computer Equipment 150,000 150,000 150,000 150,000 150,000 ~Vlulti-Space Meters 0 22,000 0 0 0 Fire - Additional Parking 0 0; 120,000 0 0 Fire - MDT for FD Vehicles - Repeaters 0 171,500 0 0 0 Fire - Space Study 0 25,000 0 0 0 Fire - Upgrade Generator FD Headquarters 0 0 100,000 0 0 Fire - EM2000 Software & Server 0 32,200 0 0 0 Fire - Firehouse Software & Server 0 41,000 0 0 Police - Hurricane Shutters 50,O00 0 0 0 Police - New Phone System 180,000 0 0 0 0 Police - Replacement Laptop Computers 460,000 30,00O 0 152,240 i 152,240 Police - Citrix License 39,000 0 0 0 0 Police - Space Study 0 0 25,0OO 0 0 Police - Omnitrak L_m,=nt Station 0 0 0 0 114,000 Police - Mobile Command Vehicle 0 0 0 0 189,000 Police - Bdeting Room Renodeling 0 0 0 0 32,500 Server Replacement 0 25,000 25,000 25,000 0 Replacement Internal Building Data Cabling 0 200,000 200,000 0 0 Citdx Metaframe 110,000 0 0 0 0 Community Improvement - eGovemment Software 37,000 0 0 0 0 Fiber Optics - Public Safety Loop (Police, Fire & City Hall) 0 0 0 0 80,000 Fiber Optics - Expansion to Pompey Park 0 0 0 0 65,000 Lightning Protection for Fire & Police Depts 0 0 01 0 31,000 San's Network Mirroring between City Hall & Police 0 0 0 260,000 240,000 Other M!_=¢e!~aneous Life~n~_mrd Towers 140,000 115,300 0 0 0 Neighborhood Enhancement 150,000 200,000 200,000 200,000 200,000 Fire-Substations Wireless Network 42,000 0 0 0 0 Parks - Exotic Tree Removal 0 0 228,100 0 Beach Pavilion at A1A & Atlantic Avenue 0 0 175,000 0 0 parks - Mobile Stage 0 0 0 115,000 TOTALS: $6,827,500 $9,977,500 $3,374,600 $8,479,240 $7,795,240 WATER/SEWER NEW CAPITAL OUTLAY County Club Acres Improvements 316,000 0 0 0 0 SCRWTDB Pel et zation Project 1,000,000 ' 1,000,000 500,000 0 0 W Atlantic Ave Phase Ill-Water Main 168,000 0 0 0 0 Vehicles - WIS Network 100,000 0 0 0 0 Interactive Voice & Web Response 109,500 0 0 0 0 Meters - Radio Read on the Beach 78,500 0 0 0 0 SCRWq'DB Ocean Current Meter 50,000 0! 0 0 0 Sludge Storage Building Expansion 150,000 01 0 0 0 Sludge Thickener-Additional 0 460,000 0 0 0 West Atlantic Phase IV-Water Main 0 168,000 0 0 0 Greenbrier Drive-Sewer 0 0 176,000 0 0 TOTALS: $1,972,000 $1,628,000 $676,000 $0 $0 INATER/SEWER CONNECTION FEES SCRWTDB Reclaimed Water Treatment Facility 1,250,000 750,000 0 0 Hospital Agreement 45,000 0 0 0 Reclaimed Water Transmission System 1,972,900 1,050,000 600,000 1,200,000 700,00(, LS 100A Capacity Upgrade 225,000 0 0 0 TOTALS: $3,492,900 $'1,800,000 $600,000 $1,200,000 $700,000 WATER/SEWER RENEWAL & REPLACEMENT FUND Engineering Office Modifications 60,000 0 0 0 0 0.5 mg Elevated Water Storage Tank 64,000 25,500 25,500 25,500! 25,500 Water Main Leak Repairs 75,000 75,000 75,000 75,000 75,000 LS Conversion to Submersible 80,000 0 0 0 0 LS 50 Dry-Pit Submersible Pump 30,000 0 0 0 0 Manhole Rehabilitation 50,000 50,000 50,000 50,000 50,000 Water Main Rehabilitation 250,000 150,000 250,000 250,000 250,000 Sewer Main Rehabilitation 300,000 500,000 500,000 500,000 500,000 Office Telephone Equipment 0 150,000 0~ 0 0 Clarirmr Rehabilitation 200,000 200,000 0 0 0 Portable Generator Replacement 35,000 0 0 0 0 Water Service Relocations 50,000 0 0 0 0 Water Main-Palm Trail Neighborhood 350,000 0 527,000 0 0 Water Main-Osceola Park 387,000 512,000 0 0 0 Water Main-Lake Ida Area 0 365,000 0 0 Water Main-SW 12th Av & SW 11tn Av 295,000 0 0 0 Water Main-SE/NE 5th & 6th Av-SE 4th St to NE 4th St 35,000, 160,000 0 0 Water Main-SR AIA-E Atlantic Av to Pelican Ln 113,0001 662,500 0 0 0 Water Main-SR AIA-Casuarina Rd to E Atlantic Ave 60,000 0 350,000 0 0 Water Main-S~_~0e/Melaleuca/Oleander 0 140,000 0 0 0 Water Main- NE 8th Ay-North of Bond Way 0 10,000 0 0 0 Water Main-SW 3rd St, 3rd Av & 6th Ay 0 0 497,000 0 0 Water Main-SW 10th Ave 0 0 190,500 0 0 [Table Revised by Amendment 04-2] CI-29 COMPREHENSICVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 TABLE Cl-ClP FIVE YEAR CAPITAL IMPROVEMENTS SCHEDULE FOR PROJECTS · ~;25~000 Water Main- North Lake Ida Area 0 0 190,000 0 0 Water Main-SE/NE 5th & 6th Ay-SE 4th St to SE 10th St 0 0 34,000 225,000 0 Water Main-SW I st Av & SW 4th St 0 0 234,000 0 0 Water Main-SE/NE 5th & 6th Ay - NE 4th St to George Bush Blvd 0 0 0 17,000 100,000 INater Main-SW 11th & SW 12th Avenue 0 0 0 259,000 0 Water Main-NW 12th St & Grove Way 0 0 0 546,000 0 Water Main-SE 1st Ay-SE 3rd St to E Atlantic Ave 0 0 0 259,000 0 Water Main-Eldorado Lane & Sunshine Drive 0 0 0 198,000 0 Water Main-NE 1st Av 0 0 0 122,000 0 Water Main-Ocean Terrace & Coconut Row 0 0 0 146,000 0 Water Main-Delray Shores Neighborhood 0 0 0 0 1,009,500 Water Main-SW 15th Av 0 0 0 0 117,000 Water Main- NW 4th Ay & NW 3rd Ay 0 0 0 01 322,00C, Water Main - Block 32 Alley 0 0 0 0! 39,00(~ Water Main-NE 8th Avenue 0 0 0 0 304,00(, Highpoint Interconnect 130,000 0 0 0 0 Gas Chlodne Conversion to Liquid 220,000 0 0 0 0 /~gnon Service Ddve 26,000! 0 0 0 0 WTP - Aerator Replacement 100,000; 0 0 0 0 TOTALS: $2,910,000 $3,000,000 $2,923,000 $2,672,500 $2,792,000 MUNICIPAL GOLF COURSE Other Machinery & Equipment 50,000 75,000 70,000 60,000 75,000 TOTALS: $50,000 $75,000 $70,000 $60,000 $75,000 LAKEVIEW GOLF COURSE Other Mach. & Equipment 0 0 35,000 0 25,000 TOTALS: $0 $0 $35,000 $0 $25,000 STORMWATER UTILITY General Stormwater Repairs 0 45,600 50,000 50,000 50000 Vacuum Truck 0 0 225,000 0 0 Osceola Park 338,000 252,000 0 0 0 Lake Ida Area 0 90,000 0 0 0 NE 4th St-NE 5th Ave to NE 6th Ave 205,000 0 0 0 0 Countq/Club Acres 60,000 0 0 0 0 Rainberry Woods 128,000 0 0 0 0 ;E/NE 1st St One-Way Pair 75,000 0 0 0 0 ~ AUantio Avenue - loth Ave to 6th Av Phase III 75,000 0 0 0 0 DixieHighway-US 1 Connector 0 15,000 0 0 NE 8th Avenue - North of Bond Way 0 10,000 0 0 SW 8th Avenue - SW 11 th St to SW 10th St 0 10,000 0 0 Seasa_ geJMelaleuca/Oleander 0 556,000 0 0 'homas St Pump Station Modifications 0 0 137,000 0 0 NW 6th St & NW 3rd Avenue 0 0 139,000 0 0 NW 12th St and Grove Way 0 0 0 87,000 0 SE 2nd St - S Swinton Ave to FEC X-ing 0 0 0 140,000 0 SW 1 st Ave-SW 1st St to W Atlantic Ave 0 0 0 176,000 0 Dotteral Faoa~-Audubon Bird to N End 0 0 0 0 54,000 Block 32 Alley 0 0 0 0 10,000 Pump Station Rehab 0 0 250,0O0 250,000 250,00C Emgineedng Office Modifications 60,000 0 0 0 Debt Service 53,520 53,550 53,508 53,836 54,071 TOTALS: $994,520 $1,032,150 $854,508 $756,836 $418,071 CENTRAL GARAGE FUND Vehicle Replacement 656,525 1,175,000 1,200,000 1,110,000 1,435,000 Vehicle Restoration 45,000 85,000 85,000 85,000 85,000 Fire-ALS Rescue Replace 193,500 203,500 213,500; 224,200 470,800 Fire-Equipment Pumper Replacement 0 0 400,800 0 436,100 Fire-Spec. ia! Operation Truck 0 345,000 0 0 0 Transfer to General Fund-Fire Ladder Truck 0 0 0 400.800 0 Transfer to General Fund-Pumper/~cld~r Replacement 447.875 0 0 0 0 Transfer to General Fund - Special Operation Truck 0 0 345.000 0 0 TOTALS:, $1,342,900 $1,808,500 $2,244,300 $1,820,000 $2,426,900 PARKS AND RECREATION BOND Community Center/Pompey Park 260,000 0 0 0 0 Senior Ctr/VVestem Community Center 0 2,980,000 0 0 0 Pompey Park Building Expansion 70,000 410,000 0 0 0 Old School Square 2,475.000 0 0 0 Soccer Complex 107.000 2,618,000 0 0 Beach Furniture 75,000 0 0 0 0 New Library- Furnishings 1.000.000 0 0 0 0 TOTALS: $ 3,987,000.00 $ 6,008,000.00 $0 $0 $0 [Table Revised by Amendment 04-2] CI-30 CITY OF DELRAY BEACH, FLORIDA ADOPTION APPENDIX "1" (Amended Comprehensive Plan pages for the Public School Facilities Element) ADOPTION APPENDIX "1' COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 PUBLIC SCHOOLS FACILITIES ELEMENT OF THE COMPREHENSIVE PLAN CITY OF DELRA Y BEACH A. INTRODUCTION 1. Overview. The Palm Beach County, the School District of Palm Beach County, and 26 participating local governments within the school district have chosen to implement public school concurrency, requiring each local government to adopt consistent comprehensive plan amendments. The amendments include the following: · The proposed Public Schools Facilities Element and the accompanying data and analysis to meet the minimum criteria for the Element set forth in Rule 9J-5.025, F.A.C., for the purpose of imposing school concurrency. It is intended to assure coordination among the County, local governments, and the School District so that school capacity at the adopted level of service standard is available at the time of the impacts of development. · The Capital Improvement Element to incorporate a financially feasible capital improvement plan for school concurrency, setting forth a six-year financially feasible public school capital facilities program that demonstrates that the adopted levels of service will be achieved and maintained. · The Comprehensive Plan Map Series to incorporate nine new maps depicting the proposed Concurrency Service Areas (CSA) and other information required by the rule. These amendments were adopted by Special Amendment 2001-3 (01-3). The Plan amendments for school concurrency are submitted along with an executed Interlocal Agreement which satisfy the requirements of ss.163.3177(6)(h)l, and 2., F.S., and ss.163.3180(13)(g),F.S., establishing processes for intergovernmental coordination and collaborative planning among the School District, the County and the 26 participating municipalities. [Revised per Amendment 04-2] The Public Schools Facilities Element (PSFE) and related comprehensive plan amendments to establish public school concurrency are based upon the following data and analysis pursuant to requirements of Rule 9J-5.005(2), F.A.C. and Rule 9J- PS- 1 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 5.025(2), F.A.C. The principal source of data and analysis is provided by the School District of Palm Beach County in its adopted Five-Year Capital Facilities Plan and Capital Budget. (CIE Table SD-CIP) [Revised per Amendment 04-2] 2. School District of Palm Beach County FY 2001-2005 Five-Year Plan and FY 2001 Capital Budget (Five-Year Plan). The School District facilities and capital requirements are presented in the current adopted Five-Year Plan and Capital Budget pursuant to s. 235.185 Florida Statutes, and the Educational Plant Survey. The Five-Year Plan describes the status of the existing facilities, economics, and enrollment trends of the School District. Each planning zone depicts its area's schools grouped by school type. Special Schools with district-wide boundaries are grouped in Planning Zone 19. Additionally, the Five-Year Plan presents school facility planning, considering the District's facilities goals, capital requirements and funding mechanisms. The Five-Year Plan is organized to present facilities information by high school planning zones for the purpose of determining enrollment, capacity calculations, and educational program considerations with evaluations of each facility's issues. Further, the Five-Year Plan provides descriptions of the School District's budgeted projects. Revenue sources are also discussed in the document along with alternative funding options. The Five-Year Plan details each school facility's existing enrollment, the existing School Student Capacity (FISH), and existing level of service (LOS) (% of utilization) within the high school planning zones. Demographic information and enrollment projections are provided in the Five-Year Plan. [Revised per Amendment 04-2] 3. Six Year Capital Improvement Schedule. In order to provide compatible financial feasibility between the School District's Five- Year Plan and the City of Delray Beach's required 5-Year Capital Improvement Program, the School District's Five-Year Plan was extended to project revenues and expenditures for a sixth year in the initial planning period. This information in total has been added to the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan as: Table SD-CIP - School District of Palm Beach Six Year Capital Improvement Schedule. B. SERVICE AREAS - SCHOOLCONCURRENCYSERVlCEAREAS(CSA) For the purposes of measuring school concurrency on a less than district-wide basis, twenty-one (21) Concurrency Service Areas (CSA) are being established in the School District. The Interlocal Agreement directs that school attendance boundary adjustments will be made for each school facility within a CSA to achieve the adopted 1OS, maximize school utilization, and establish travel times which do not exceed those set in School Board Policy 7.13 for elementary and secondary schools. PS - 2 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 1. Concurrency Service Area Map. Pursuant to Rule 9J-5.025(4)(c), F.A.C., school concurrency service areas which are less than district-wide must be depicted in the Comprehensive Plan. One of the proposed maps in the Comprehensive Plan Map PS 1.1, depicts the School Concurrency Service Areas (CSA). 2. Criteria to establish Concurrency Service Areas. The physical boundaries of the CSAs are delineated in the Implementation Section of the Public Schools Facilities Element. For school concurrency service areas on a less than district-wide basis, Palm Beach County is divided into twenty-one CSAs. The CSA boundaries are described as bounded by section lines, major traffic-ways, natural barriers and county boundaries. In addition, each CSA boundary was delineated considering school locations, student transporting times, and to a lesser extent the future land uses in the area. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and are exempt from the limitation on the frequency of plan amendments. 3. Concurrency Service Area Tables. Based on the District's Five-Year Plan, the School District Planning Zones (high school planning zones) data was used to create the CSA tables to present capacity, projected enrollment, and utilization of the School District's facilities as required by Rule 9J- 5.025(2)(e) and Rule 9J-5.025(3)(c)7, F.A.C., for School Concurrency. The twenty-one CSAs have been developed consistent with s.163.3180(13)(c)2., F.S., required when the school concurrency service area is less than district-wide. The CSA tables have also been added as an appendix to the current Five-Year Plan. Under the title of each table there is a reference to the School District Planning Zones where the information was taken from and where detailed data is depicted. [Revised per Amendment 04-2] Each CSA Table presents a specific CSA with its school facilities by type. As depicted on the CSA Tables, the data requirements for portions of Rule 9J-5.025(2) (b), (c) and (e), F.A.C., for the Public Schools Facilities Element are specifically addressed in each CSA. The CSA Tables provide the following school data by CSA and by school type consistent with Rule 9J-5.025, F.A.C.: (1) The projected enrollment, capacity and projected level of service (% of utilization) by year for the six year planning period. (2) The targeted actual LOS of 110% is achieved countywide in school year 2004-05. PS - 3 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 (3) The total projected school facility surpluses and deficiencies by year for the six-year planning period based on projected enrollment by school type. Enrollments, capacities and utilizations are shown adjusted per year as the school improvements are anticipated to be completed. (4) The means by which the enrollment is stabilized and the adopted LOS is attained through redistribution of students by boundary adjustments or school construction or other capital improvements. (5) The school facilities planned for each CSA to accommodate projected enrollment at the Tiered Level of Service (LOS) standard each year projected for the first four-year period, then at the adopted LOS for the fifth year of the initial planning period. School utilization does not exceed the targeted 110% LOS in the sixth year. (6) The notes provided at the bottom of each CSA Table page describe the provision of school facilities by type to be newly opened or modernized to provide for future enrollment or enrollment relief for existing schools within the CSA and schools in adjoining CSAs. Further analysis of the adequacy of the level of service conditions is located within the School District's current adopted Five-Year Plan and Capital Budget. As indicated in the CSA Tables, the program and boundary adjustments necessary to effectively utilize capacity may occur at any time. [Revised per Amendment 04-2] C. SCHOOL DISTRICT OF PALM BEACH COUNTY DISTRICT-WIDE LONG RANGE PLANNING 1. Enrollment. In the 2000-01 school year, the School District serves 151,000 K-12 students through regular and special programs and partnerships in a vadety of facilities. There are more than 147,000 students served in schools with boundaries and/or magnet programs at regular schools measured in the Concurrency Service Area Tables. [Revised per Amendment 04-2] The Table Enrollment Capacity & Shortfall/Surplus for 04/05, 09/10, &19/20, provides information regarding total projected enrollments and corresponding school facilities needed for each CSA to accommodate the adopted level of service standard for the end of the initial five year period and long range planning period of ten and twenty years. The tables list the total enrollments, capacity, and shortfall or surplus by school type District-wide. Population shifts which may result in adjustments to school attendance zones and CSA total enrollments, require the School District to determine the number of school facilities needed district-wide. Based on the total long range projected enrollment for each type of school, the table shows the projected facilities needed district-wide for elementary, middle and high schools. [Revised per Amendment 04-2] PS - 4 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 The CSA Tables also reflect the 2,147 students enrolled in alternative and special schools. Students are assigned to these schools without regard to attendance zones. In addition, the CS^ Tables show 728 students participating in programs not based in School Districts Facilities. 2. Additional Capacity and Ancillary Plants. For the end of the initial planning period, the required Map Series PS 3.1 depicts the locations of proposed schools with confirmed sites and the planned schools without confirmed sites. The long range facility demand map - PS 3.3 shows general future demand for schools based on projected population. The facilities required to meet these future demands are anticipated but not yet budgeted. [Revised perAmendment04-2] Based on the School District's Five-Year Plan, no ancillary plants are planned to be converted to school facilities for school concurrency purposes. Similarly, the Five-Year Plan shows the School District has no plans to convert any school facility to an ancillary plant. Additionally, the School District is not planning an expansion of any ancillary administration or support facilities with the exception of a bus depot. Currently, educational centers known as Full Service Centers operate out of two ancillary plants. These centers house a variety of public school and non-profit programs that serve preschool children through adults. These programs include Head Start, drop-out prevention and Second Chance Programs, adult education, child care and wellness centers, etc. Ancillary facilities are also utilized for School District Area offices, which support educational activities and are not utilized for the measurement of school concurrency. 3. School Attendance Zones. Existing district-wide school attendance zones for each school facility are provided by school type on School Attendance Zone Maps. [Revised per Amendment 04-2] 4. District-wide Programs - Special, Alternative, and Supplemental Programs. The School District of Palm Beach County offers a range of special, alternative, and supplemental educational programs on a district-wide basis. In the Five-Year Plan, the planning zone entitled "Planning Zone 19: Special, Alternative, and Supplemental Programs" analyzes a variety of programs offered in the special and alternative school setting. These programs operate at the discretion of the School Board in a range of different facilities with district-wide boundaries. The number of students served, where they are housed, and integration with the regular programs, are all choices driven by District policies and budgets. Planning for these programs is an essential component to long range planning for school buildings. Special programs affect school enrollment, capacity, utilization and building design. The alternative and special schools serve more than 2,100 students. Students are assigned to these programs without regard to attendance zones. The enrollment in the programs is projected to be stable for the 5-year planning period. PS - 5 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Facilities Plans and recommendations to accommodate these programs during the next five years are to be completed for the current adopted Five-Year Plan. They will identify where programs are or will be located, how many students will be served at each facility, and other special facilities needs. [Revised per Amendment 04-2] 5. Charter Schools Charter schools are considered public schools that operate under a special charter with a school district. A charter school sets its own attendance criteria and selects its own facilities. The State provides funding through a separate formula for its operating and capital budgets directly to the charter schools; therefore, charter schools are not included in the School District's Capital Plan. For the purposes of school concurrency, charter schools cannot be used to determine capacity for residential development. In the 2000-01 school'year, 9 charter schools serve 709 students. New applications for additional charter schools have been received for school year 2001-02 that may serve up to a total of 2,800 students. 6. Population District-wide -Projected Enrollment. The projected district-wide school enrollment is based upon the demographic and economic profiles developed by the County which establish the basis for projecting capacity requirements through the initial five year planning period and the end of the long range planning period, consistent with Rule 9J-5.025(2)(b), F.A.C. The School District has experienced an annual enrollment growth of 5% since 1985. This is an average annual increase of approximately 5,000 students each school year. This annual growth rate will be moderated over the next five years. Figures 2 through 6 on pages 1-3 and 1-4 of the School District's current adopted Five- Year Plan and Capital Budget, present enrollment projections based upon demographic and economic profiles. Over the next 5 years, the School District's K-12 enrollment is projected to increase by 10,000 +/- students to nearly 160,000. The total enrollment figures have closely tracked the general population trends. Generally, the average annual enrollment increases in the middle and high school age range and is expected to continue for the next three years. [Revised per Amendment 04-2] Palm Beach County's geographic area is approximately 2,023 square miles. It is comprised of 1,739.4 square miles of unincorporated areas and thirty-seven municipalities within 283.6 square miles. The county has a total population of more than 1.025 million in 1998, with an unincorporated population of more than 465,000 and an incorporated population of nearly 560,000. Since 1940, the County has nearly doubled in population every 20 years, with the 2000 population estimated at 1,062,400. Creating the greatest impact on the School District, of the 1.062 million persons who reside in PS - 6 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Palm Beach County, 28% of the population is under the age of 24. The County's population continues to have an annual growth rate of 2.24% exceeding the state's at 2.09%. (Source: Florida Statistical Abstract, 1996 University of Florida Population Studies, 1999. "POPULATION GROWTH PROJECTION AND DISTRIBUTION TO 2015" and Profile and 1998 and 1999, Palm Beach County, Planning Zoning and Building Department, Planning Division) 7. Population Determination. The Bureau of Economic and Business Research (BEBR) at the University of Florida, develops population estimates and projections for each of the municipalities within Palm Beach County. These are the official estimates and projections widely used for planning purposes by both the public and private sectors. However, local planning studies generally require smaller area estimates and projections (less than a jurisdiction level) for the evaluation of specific impacts on a local target area. To this end, the PBC Planning Division, over the past five years, has developed and refined a population disaggregation model to distribute BEBR's medium range population projections and annual estimates to smaller geographies, namely, the Traffic Analysis Zones (TAZ) used by the Metropolitan Planning Organization (MPO). By modeling projected population in local areas, the Planning Division provides insight into the direction and location of growth within the County. The Bureau of Economic and Business Research (BEBR) projects that the County population will grow by approximately 22,000 persons per year during the planning period. The County's Planning Division has distributed this information across Traffic Analysis Zones (TAZ) and has aggregated results for sub-areas which are described below and depicted on the Disaggregation Sub-Area Map1: North area north of 45th Street, Central area between 45th and Boynton Beach Boulevard South area south of Boynton Beach Boulevard Glades area west of 20 mile bend Projection Distribution Based on Adopted Land Use Plans: North, Central, South and Glades 1990 1996 2005 2015 Areas Pop % of total Pop % of total Pop % of total Pop % of total North 145,657 17% 173,289 18% 231,841 20% 300,698 22% Central 388,031 45% 438,214 45% 511,212 44% 589,533 43% South 293,265 34% 333,037 34% 384,896 33% 434,249 32% Glades 36,565 4% 37,253 4% 42,351 4% 49,320 4% Total Pop 863,518 981,793 1,170,300 1,373,800 PS - 7 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 The disaggregation model indicates that, given the development pattern currently anticipated on adopted Future Land Use maps, population increases will occur throughout the County with almost 40% of total projected growth locating in the central portion of the County. Population growth in the northern portion of the county will increase in the coming years and exceed growth anticipated in south County, though the southern portion of the County is still expected to have significant population increase, primarily in the West Boynton area. The Glades is expected to have limited population increases. Another aggregation evaluation performed was an east to west split. Four areas were established depicted on the Disaggregation Sub-Area Map 2: 1. Area east of 1-95 2. Area between 1-95 and the Turnpike 3. Area west of the'Turnpike 4. the Glades. Due to the convergence of 1-95 and the Turnpike north of PGA, the FEC railroad and the Loxahatchee Slough are used as respective boundaries in place of 1-95 and the Turnpike. Population Distribution Based on Adopted Land Use Plans: East to West 1990 1996 2005 2015 % of % of % of % of Areas Pop total Pop total Pop total Pop total East of 1-95 296,400 34% 318,754 32% 344,439 29% 370,580 27% Between 1-95& Turnpike 397,781 46% 456,034 46% 541,255 46% 631,849 46% West of Turnpike 132,771 15% 169,753 17% 242,255 21% 322,051 23% Glades 36,565 4% 37,253 4% 42,351 4% 49,320 4% Total Population 863,518 981,793 1,170,300 1,373,800 The model predicts that 46% of future population growth will occur between the Turnpike and 1-95. Only 15% of the County's projected population increase will occur east of 1-95. Furthermore, 37% of the projected population increase will occur west of the Turnpike. 8. Population Based School Surpluses and Deficiencies. The Five-Year Plan provides short term projections (1-5 years) and long term district- wide enrollment projections by school type (1-20 years). Short term projections rely upon the utilization of the Cohort Survival Method. This Model uses enrollment data by grade and by facility, factoring in growth and rolling students forward through the schools by grade. Long term projections are based on the Population Dissagregation Model developed by Palm Beach County Planning. This model establishes the bases for projecting capacity requirements through the initial five year planning period and the PS - 8 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 end of the long range planning period, consistent with Rule 9J-5.025(2)(b) F.A.C. The results are cross-verified and compared for variations. (See Enrollment Projections Outline, pg. PS-16) 9. Facility Demand. The projected additional facility demand for long range planning of public school facilities by CSA and school type is depicted on required future conditions Map PS 3.3. These surpluses and deficiencies are listed by CSA, representing projected seats needed (capacity demand). [Revised per Amendment 04-2] PS - 9 Z W "T" IJ.I 0 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 ENROLLMENT PROJECTIONS OUTLINE: USING COHORT SURVIVAL AND GIS FOR SHORT & LONG TERM PLANNING DATA SOURCES: ~ STUDENT DATA BY AREA, ADDRESS, & FACILITY POPULATION DATA AND PROJECT'IONS BY AREA (olher data: births, certificates of occupancy, development projects, prcx3'arn changes, other) COHORT SURVIVAL MODEL I ~ AREA PROJECTION MODEL (SHORT TERM - 1 to 5 years) / (LONG TERM - I to 20 years) Uses enrollment data by grade, by IUsea enrollment data collected by area & popula~co facility, factors in growth and roils Idata by area generated by PZB of PBC & BEBR with / GIS to integrate student data with best available students forward by grade. ~, sources for population projectimls. I ENROLLMENT PROJECTIONS ~ DEVELOPED USING ACCEPTED METHODOLOGY & BEST AVAILABLE SOURCES, INCORPORATES VARIATION BY FACILITY AND GEOGRAPHIC REGION PS - 14 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 D. LEVEL OF SERVICE ANALYSIS The School District's current adopted Five-Year Plan and Capital Budget, provides an analysis of the adequacy of the existing level of service for each school facility within each high school planning zone, describing the physical condition of the facilities in order to develop appropriate level of service standards based on physical conditions and programs pursuant to Rule 9J-5.025(2)(d) F.A.C. The Five-Year Plan provides the existing enrollment, the existing School Student Capacity (FISH), and existing utilization for each school facility consistent with Rule 9J-5.025(2)(a), F.A.C. The Five-Year Plan's high school planning zones provide an analysis of the schools within each zone and specific project recommendations. [Revised perAmendment 04-2] 1. Enrollment Distribution. The public school enrollment in Palm Beach County indicates a range of facility utilization from under capacity to significantly over capacity as measured against the Florida Department of Education Inventory of School Housing (FISH). [Revised per Amendment 04-2] The general distribution of student enrollment across Palm Beach County shows north County middle and elementary schools at (or moderately over) capacity, and the high schools with generally lower enrollments. These schools are within the Concurrency Service Areas (CSA) 1-6. There is a moderate growth rate in north County schools; however, the Abacoa area is expected to add significant student growth to this area of the County in the next five years. Recently proposed developments for the former MacArthur Foundation lands in the northern County, are being proposed with lower densities which traditionally generate a lower number of students. Enrollment in the eastern-central portion of the County (within CSAs 8, 9, 11, 12, 14 and 15)is stable, but many schools are over capacity with moderate growth in enrollment expected to continue. Schools in the central-western portion of the County are operating above capacity and enrollment is expected to grow rapidly as development is anticipated within CSAs 10, and 16. The south-central portion of the County is significantly over capacity, with all school types being impacted within CSAs 17, 18, 19 and 20. This area's enrollment is expected to continue to grow, particularly on the western portion of these CSAs which are expected to grow rapidly with family oriented homes. The southern section of the County shows school enrollment moderately above capacity, but expected to stabilize within CSA 21. The School District considers the western portion (Glades) of the County to have stable enrollment. 2. Schools 35 Years Old or Older. The School District performed an educational adequacy and physical condition analysis on 42 schools that are 35 years old or older. The study provides a basis for a determination of priority for capital improvements through F¥2005 for modernization of facilities. The older facilities include 5 high schools, 5 middle schools, 26 elementary schools, 4 special alternative schools, and 2 full service centers. The schools' assessments are described in executive summaries prepared by Vanderweil Facility PS- 15 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Advisors, and Song and Assoc., et. al. Copy of these documents are held at the City of Delray Beach's Planning Division and will be part of the Support Documents of the Public Schools Facilities Element. 3. School Facility Utilization - Level of Service Standards. School Board Policy 7.13 addresses the School Plant Capacity Level of Service (LOS). It requires the School District to maintain equitable levels of service for the District's schools. The School Board policy describes a range of enrollment per FISH capacity (LOS) from underutilized, 90% or less, to critically overcapacity (151% or more). The policy sets the District's goal for school utilization to between 90% and 110% of each school's FISH capacity, not to exceed 120%. The following policies in the Public Schools Facilities Element determine the LOS to be used for school concurrency, addressing how to implement the target LOS and the tiered LOS, and how to conduct School Capacity studies to make LOS determinations for individbal schools that may go beyond the adopted LOS. a. Policy A-1.1: Target Level of Service Standards As a requirement for school concurrency, the Intedocal Agreement establishes the countywide goal for LOS as 110% of FISH capacity. The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The Interlocal agreement also establishes that no school can operate in excess of 120% utilization, once the target LOS standard is achieved. 1) School Capacity Study The Intedocal Agreement requires a School Capacity Study (SCS) if a school in the first student count of the second semester exceeds 108% of FISH capacity. The Technical Advisory Group (TAG) is required to conduct a School Capacity Study (SCS) to determine if the specific school can operate at a LOS exceeding 110%, though no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year. The study must consider the demographics within the CSA; student population trends; core facility capacity; real estate trends and teacher student ratios. 2). Technical Advisory Group (TAG) The Interlocal Agreement establishes an independent and representative group appointed by the County, School District, and municipalities to function as a resource to the County, School District, and municipalities. The TAG shall conduct studies and make recommendations regarding the five year and long range work program, facility utilization, and CSA adjustments to enhance joint planning and ensure that the School District's Work Plan and Capital Facilities PS - 16 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Program provide a financially feasible plan to add enough capacity to provide permanent student stations for the projected growth. In summary, this policy establishes the district-wide target level of service standard of 110% utilization. Or 120% subject to the results of a SCS undertaken by the School District to determine if a school can operate in excess of 110%. Finally, no school shall be permitted to operate at a LOS greater than 120% of FISH capacity beginning in the 2004-2005 school year, when the target LOS of 110% must have been reached county-wide. b. New Policy A-1.2: {120% Implementation) This policy lays out the procedure that needs to be followed when a SCS determines that a school will exceed the 120% utilization, once the target LOS standard of 110% is in place. To correct the failure the School Distdct would have to make program adjustments, attendance boundary adjustments or modifications to the Capital Facilities Program. After those adjustments are made and the SCS determines that the school exceeding the 110% standard can operate within the guidelines established by the school district's adjustments, then the Comprehensive Plan needs to be amended to reflect the new 1OS standard for the school type in the corresponding CSA. c. Policy A-1.3: (School Capacity Study Criteria) This policy sets up the criteria to conduct a SCS and the minimum data and analysis to be considered when conducting the study. The policy also directs the TAG to notify the local government where the SCS is going to be conducted. d. Policy A-1.4: (Tiered Level of Service) Section 163.3180(12)(b)3, F.S., provides the option of tiered LOS standards for schools to allow time to achieve an adequate and desirable LOS. The Intedocal Agreement establishes tiered levels of service for each school type based on School Board Policy 7.13, which shall be in place until such time the School District has achieved 110% LOS. In order to achieve a district-wide LOS of 110%, overcapacity will be addressed through the financially feasible school construction program identified in the Five- Year Plan and the CIE Table SD-CIP. The CSA Tables showed a need for a tiered LOS for the school years until 2004-2005. Policy A-1.4 and Table A-1.1 of the Public Schools Facilities Element, establish such a tiered LOS as an interim measure by facility type within each CSA, where enrollment is projected to exceed the 110% long term standard. To determine the appropriate interim LOS, utilization by facility type in each CSA was projected. In those CSAs where utilization exceeded the 110% standard, adjoining CSAs were examined to determine if the needed capacity was available consistent with the requirements of s.163.3180(c)(3), F.S. The resulting analysis yielded the appropriate interim PS- 17 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 LOS by facility type for each CSA and the schedule by which the 110% utilization LOS will be achieved. Additionally, in order to establish a consistent maximum limit for individual schools exceeding the adopted 1OS standard during the period in which the interim LOS are in effect, a new Table A-1.2, entitled Maximum Utilization Table, was created along with additional language under Policy A-1.4. The additional language states that each individual school exceeding the adopted LOS standards cannot exceed the utilization standards for that school type as indicated in the new table. The table shows the standards for the maximum utilization of capacity by facility type per CSA for each of the next six school years. To determine these standards, the maximum percentages of utilization per year and school type depicted in the CSA tables were analyzed. The resulting analysis yielded the appropriate maximum percentage of utilizat, i0n by facility type per CSA. 4. School Capacity Availability The School District's Six Year Capital Improvement Schedule, depicted on CIE Table SD-CIP, assures that funding for construction of planned school facilities is available in the first three years of the adopted Plan. The City of Delray Beach may not deny a development permit authorizing residential development where adequate school facilities will be in place or under actual construction within three years. Within the initial six year planning period, the CSA Tables show assured construction within the first three years. This is consistent with s.163.3180(13)(e),F.S., to provide a dependable school capacity availability when evaluating LOS determination. 5. Development Rights - Policy A-1.8. The impact of a single family home on an existing lot of record is considered to have minimal impact on schools and is therefore exempted from LOS restrictions. 6. Public Infrastructure and Collocation. The analysis of the problems and opportunities consistent with Rule 9J-5.025(2)(f), F.A.C., suggests that the School District is both a service (infrastructure) provider with a level of service determination, and a developer, requiring infrastructure to meet concurrency to proceed with construction of schools. The City of Delray Beach will assist the School District in the determination of site locations proximate to required infrastructure in an effort to reduce costs. Additionally, the City of Delray Beach will work with the School District in identifying funding for the provision of supporting infrastructure, such as water, sewer, roads, drainage, sidewalks and bus stops for existing and proposed public school facilities. To assist in containing costs, the City of Delray Beach shall allow schools as a permitted use in all urban residential land use categories and encourage the collocation of schools proximate to the residential development which they will serve. The City of PS - 18 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Delray Beach adopted on September 5, 1999, an amendment to the Future Land Use Element to comply with the requirements of s.163.3177(6)(a), F.S., calling for the provision of opportunities to collocate schools with facilities, such as libraries, parks and community centers. Map PS 3.2 depicts the budgeted planned additional school capacity which do not have confirmed sites. The CSA Tables show that these projected schools will bring significant relief to over-utilized schools within the next five years. Implementation of the Intedocal Agreement to establish school concurrency will provide the opportunity to coordinate school siting with the City of Delray Beach's development review process in a timely manner, and will allow for a multi-agency, expedited review of all potential school locations. Due to the growth in the County's Rural and Exurban Tiers, the central western " communities offer few potential school sites collocated with community facilities. Infrastructure is limited in these areas consistent with their more rural development pattern. E. FINANCIAL FEASIBILITY Data and analysis in support of the financial feasibility of the school concurrency program is described in the corresponding amendments to the Capital Improvements Element. F. INTERGOVERNMENTAL COORDINATION The Intergovernmental Coordination Element (ICE) has been amended to address the requirements for coordination with the School District and municipalities for decision - making on school siting. The ICE addresses the requirements of Rule 9J-5.015, F.A.C., for coordination of Plans with the School Board and other units of local government. The executed Interlocal Agreement which is consistent with s.163.3177(6)(h)1.and 2., F.S., and s.163.3180(13)(g),F.S., establishes processes for intergovernmental coordination and collaborative planning among the School District, the City of Delray Beach, and Palm Beach County. The following definitions are proposed to be added to the Public Schools Facilities Element to comply with the minimum criteria for the Public Schools Facilities Element for school concurrency and are consistent with Rule 9J-5.025(1), F.A.C. DEFINITIONS ANCILLARY PLANT - Facilities to support the educational program, such as warehouses, vehicle maintenance, garages, and administrative buildings. PS - 19 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 CONCURRENCY SERVICE AREA LEVEL OF SERVICE STANDARDS - The maximum acceptable percentage of school utilization as identified in the Interlocal Agreement determined by dividing the total number of students for all schools of each type of school in each CSA by the total number of permanent student stations for that type of school in each CSA. [New Definition per Amendment 03-~1 CONSISTENCY - The condition of not being in conflict with and in furtherance of the goals, objectives and policies of the Comprehensive Plan Elements and the Interlocal Agreement. [New Definition per Amendment 03-1] CORE FACILITY - Those facilities which include the media center, cafeteria, toilet facilities, and circulation space of an educational plant. DEVELOPMENT ORDER -As defined in Section 163.3164(7) Florida Statutes. [New Definition per Amendment 03-1] DISTRICT SCHOOLS - All District owned regular, elementary, middle, high schools, magnet and special educational facilities. EDUCATIONAL FACILITIES - The buildings and equipment, structures, and special educational use areas that are built, installed, or established to serve educational purposes only. [New Definition per Amendment 03-~] EDUCATIONAL PLANT SURVEY - A study of present educational and ancillary plants and the determination of future needs to provide an appropriate educational program and services for each student. FINANCIALLY FEASIBLE FACILITIES PLAN - A plan which demonstrates the ability to finance capital improvements from existing revenue sources and funding mechanisms to correct deficiencies and meet future needs based on achieving and maintaining the adopted level of service for each year of the five (5) year planning period for all schools of each type in each CSA, and each individual school, and for the long range planning period. [New Definition per Amendment 03-1] FIRST FTE STUDENT COUNT - A first semester count of all "full time equivalent" students. The date of the first FTE count is determined by the Florida Department of Education each school year, pursuant to Chapter 1011.62, Florida Statutes. [New Definition per Amendment 04-2] FLORIDA INVENTORY OF SCHOOL HOUSES (FISH) - The report of permanent school capacity. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on using a percentage of the number of existing satisfactory student stations and a designated size for each program according to s. 235.15, Florida Statutes. In Palm Beach County, permanent capacity does not include the use of relocatable classrooms (portables). PS - 20 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 INTERLOCAL AGREEMENT - Agreement between the Palm Beach County Board of County Commissioners, the Municipalities of Palm Beach County, and the Palm Beach County School Board effective January 25, 2001. [~ew Definition per Amendment 03-1] LEVEL OF SERVICE (LOS) - The measure of the utilization, expressed as a percentage, which is the result of comparing the number of students enrolled in any school with the satisfactory student stations (FISH capacity) at a given location or within a designated area (i.e., a CSA), e.g., a facility with 1000 students and a FISH capacity of 970, has a LOS of 103%. Also referred to as the utilization of a facility. [New Definition per Amendment 03-1] MAXIMUM UTILIZATION OF CAPACITY - Utilization of facilities to ensure the ADOPTED LOS for all schools of each type in each CSA and each individual school is not exceeded. [New Definition per Amendment 03-1] MUNICIPALITIES - All municipalities in Palm Beach' County, except those that are exempt from participating in the school concurrency program, pursuant to Section 163.3180, Florida Statutes. [New Definition per Amendment 03-1] PERMANENT STUDENT STATION - The floor area in a public school facility required to house a student in an instructional program. [New Definition per Amendment 03-1] PROPOSED NEW RESIDENTIAL DEVELOPMENT Any application for residential development or amendment to a previously approved residential development that increases the number of housing units. This shall include any request for any approval of the type that establishes a density of development and which approves a site specific development order on a specific parcel of property. [New Definition per Amendment 03-~] PUBLIC SCHOOL CONCURRENCY SERVICE AREA OR "CONCURRENCY SERVICE AREA" - The specific geographic area adopted by local govemments, within a school district, in which school concurrency is applied and determined when concurrency is applied on a less than district-wide basis. RESIDENTIAL DEVELOPMENT - Any development that is comprised in whole, or part, of dwelling units; for permanent human habitation. [New Definition per Amendment 03-~] SCHOOL BOARD - The governing body of the SCHOOL DISTRICT, a body corporate pursuant to Section 230.21 Florida Statutes. [New Definition per Amendment 03-~] SCHOOL DISTRICT - The district for Palm Beach County created and existing pursuant to Section 4, Article IX of the State Constitution. [New Definition per Amendment 03-~] PS - 21 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN - The SCHOOL DISTRICT of Palm Beach County Five Year Work Plan and Capital Budget as authorized by Section 235.185 Florida Statutes. [New Definition per Amendment 03-1] SCHOOL DISTRICT'S SlX YEAR CAPITAL IMPROVEMENT SCHEDULE - A Table of expenditures and revenues detailing how the SCHOOL DISTRICT shall achieve and maintain the LOS for public school facilities. [New Definition per Amendment 03-1] SITE SPECIFIC DEVELOPMENT ORDER - A development order issued by a Local Government which establishes the density, or maximum density, and which approves a specific plan of Development on a lot or lots pursuant to an application by or on behalf of an OWNER or CONTRACT PURCHASER, including applications initiated by a Local Government. It may apply to a lot or lots under single ownership or a group of lots under separate ownership. It shall apply to all parcels or lots in their entirety taken together of any subdivision. It includes site specific rezonings, special exceptions, conditional uses, special permits, master plan approvals, site plan approvals, plat approvals, BUILDING PERMITS and any Development of Regional 'Impact as defined in Section 380.06, F.S. It may or may not authorize the actual commencement of development. Two (2) or more development orders which individually do not constitute a site specific development order shall be considered a site specific development order if when taken together they meet the definition of a site specific development order. [New Definition per Amendment 03-1] STUDENT GENERATION MULTIPLIER -As published by the SCHOOL DISTRICT of Palm Beach County, the number of students per household determined by type and size of residential unit. [New Definition per Amendment 03-1] STUDENT STATION - The net square footage requirements per student based upon the instructional program to be housed as defined by FISH. [New Definition per Amendment 03-1] TYPE OF SCHOOL Schools in the same categories of education, i.e. elementary, middle or high school. [New Definition per Amendment 03-1] VALID DEVELOPMENT ORDER - A DEVELOPMENT ORDER which: was issued by a LOCAL GOVERNMENT: (1) in accordance with proper procedure and in compliance with state law, and the land development regulations and codes, administrative rules and procedures, and general policies of local governments, and the requirements of all other agencies; (2) not by mistake; and (3) which has not expired, lapsed, or been abandoned, revoked, or canceled, by operation of law, or by the local government or pursuant to the local government land development or pursuant to the local government land development regulations or codes, rules, or policies. [New Definition per Amendment 03-1] PS - 22 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 IMPLEMENTATION SECTION Concurrency Service Area (CSA) Boundary Description The Palm Beach County School District is divided into twenty one CSAs for school concurrency. The Palm Beach County School CSA boundaries are described in the following pages as bounded by Section lines, major traffic-ways, natural barriers and county boundaries consistent with s.163.3180(13)(c)2.,F.S. Changes to the CSA boundaries shall be made by plan amendment and exempt from the limitation on the frequency of plan amendments. CONCURRENCY SERVICE AREA DESCRIPTIONS DESCRIBED AS BOUNDED BY: #1 NORTH -The Martin / Palm Beach County Border SOUTH -Donald Ross Rd EAST -The Atlantic Ocean WEST -Florida's Turnpike #2 NORTH -The Martin / Palm Beach County Border SOUTH -Donald Ross Rd and the South Section Line of Sections (using T-R-S)41-42- 21, 41-42-20, 41-42-19, 41-41-24, and 41-41-23, then Southwest along the centerline of the C-18 canal to the Bee Line Hwy EAST -Florida's Turnpike WEST -Bee Line Hwy #3 NORTH -Donald Ross Rd SOUTH- The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43- 08, 42-43-07, and 42-42-12, East of Military Td, then South along Military Trl to Northlake Bird, then West along Northlake Bird to Florida's Turnpike EAST - The Atlantic Ocean WEST- Florida's Turnpike PS - 23 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 NORTH - The South Section Line of Sections (using T-R-S) 41-42-21, 41-42-20, 41-42- 19, 41-41-24, and 41-41-23, then Southwest along the C-18 Canal to the Bee Line Hwy, then Northwest along the Bee Line Hwy until the intersection of Bee Line Hwy and the West Section Line of Section 41-41-18 SOUTH - Northlake Bird West to Grapeview BIvd, North along Grapeview Blvd to the South Section Line of Section (using T-R-S) 42-41-08, then West along the South Section Line of Sections 42-41-08 and 42-41-07 EAST- Florida's Turnpike WEST - The West Section Line of (using T-R-S) 41-41-18 South of the Bee Line Hwy, and the West Section Lines of Sections 41-41-19, 41-41-30, 41-41-31,42-41- 06, and 42-41-07 #5 NORTH - The South Section Line of Sections (using T-R-S) 42-43-10, 42-43-09, 42-43- 08, 42-43-07, and 42-42-12 West to Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43- 32, 42-43-31, and 42-42-36 West to Military Trl EAST - The Atlantic Ocean WEST - MilitaryTrl #6 NORTH - Northlake Bird SOUTH - The South Section Line of Sections (using T-R-S) 42-42-36 West of Military Trl, 42-42-35, 42-42-34, 42-42-33, 42-42-32, and 42-42-31 EAST - Military Trl WEST - The West Section Line of Sections (using T-R-S) 42-42-18, 42-42-19, 42-42- 30, and 42-42-31 #8 NORTH - The South Section Line of Sections (using T-R-S) 42-43-34, 42-43-33, 42-43- 32, 42-43-31, and 42-42-36 West to Military Trl SOUTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21, 43-43-20, 43-43-19, and 43-42-24 East of Military Trl EAST - The Atlantic Ocean WEST - Military Td PS - 24 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 #9 NORTH - The South Section Line of Sections (using T-R-S) 42-42-36 0Nest of Military Trl), 42-42-35, 42-42-34, 42-42-33, 42-42-32, and 42-42-31 SOUTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Trl, 43-42-23, 43-42-22, 43-42-21,43-42-20, and 43-42-19 EAST - Military Td WEST - The West Section Line of Sections (using T-R-S) 43-42-06, 43-42-07, 43-42- 18, and 43-42-19 North of the South Line of the North Half #10 NORTH- Northlake BIvd West to Grapeview Bivd, North along Grapeview Bird, then West along the South Section Line of Sections (using T-R-S) 42-41-08, and 42-41-07, then South along the West Section Line of 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40-13, 42-40-14, 42-40-15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13 SOUTH - Southern BIvd West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 EAST - The East Section Line of Sections (using T-R-S) 43-41-01, 43-41-12, 43-41- 13, 43-41-24, 43-41-25, and 43-41-36 South to Southern BIvd WEST - The L-8 Canal South of the South Section Line of Section (using T-R-S) 42- 40-31 and West of the West Section Line of Section 43-40-08, the West Section Line of Section 43-40-08 South of the L-8 Canal, the West Section Line of Sections 43-40-16, 43-40-21, 43-40-28, and 43-40-33 South to Southern Blvd #11 NORTH - The North Line of the South Half of Sections (using TRS) 43-43-23, 43-43-22, 43-43-21,43-43-20, 43-43-19, and 43-42-24 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44-43- 04, 44-43-05, 44-43-06, and 44-42-01 East of Military Trl EAST - The Atlantic Ocean WEST - Military Td PS - 25 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 #12 NORTH - The North Section Line of Sections (using TRS) 43-42-24 West of Military Td, 43-42-23, 43-42-22, 43-42-21,43-42-20, and 43-42-19 SOUTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 EAST - Military Trl WEST - The West Section Line of Section (using T-R-S) 43-42-19 South of the North Line of the South Half, and State Rd 7 #14 NORTH - The South Section Line of Sections (using T-R-S) 44-43-02, 44-43-03, 44.43- 04, 44-43-05, 44-43-06, and 44-42-01 East of Military Trl SOUTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43- 28, 44-43-29, 44-43-30, and 44-42-25 East of Military Trl EAST - The Atlantic Ocean WEST - Military Trl #15 NORTH - The South Section Line of Sections (using T-R-S) 44-42-01 West of Military Trl, 44-42-02, 44-42-03, 44-42-04, 44-42-05, and 44-42-06 SOUTH - The L-14 Canal EAST - Military Trl WEST - State Rd 7 #16 NORTH - Southern Bird West of 441, West to the West Section Line of Section (using T-R-S) 43-40-33 SOUTH - The South Section Line of Sections (using T-R-S) 44-41-25, 44-41-26, 44-41- 27, 44-41-28, 44-41-29, and 44-41-30 East of the L-40 Canal EAST - U.S. Hwy 441 / State Rd 7 WEST - The L-40 Canal and the West Section Line of Section 43-40-33 South of Southern Blvd PS - 26 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 #17 NORTH - The South Section Line of Sections (using T-R-S) 44-43-26, 44-43-27, 44-43- 28, 44-43-29, 44-43-30, 44-42-25, 44-42-26, and 44-42-27 East af Jog Rd SOUTH - The Boyntan Oanal EAST - The Atlantic Ocean WEST - Jog Rd #18 NORTH - The L-14 Oanal West to the Florida Turnpike, then North along the Turnpike to the South Section Line of Section (using T-R-S) 44-41-29, then West along the South Seatian Line af Seations 44-42-30, 44-41-25, 44-41-26, 44-41-27, 44-41-28, 44-4'~-29 and 44-41-30 East of the L-40 Oanal SOUTH - The Boynton Oanal EAST - Jog Rd WEST - The L-40 Oanal NORTH - The Boynton Oanal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43- 05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal #20 NORTH - The South Section Line of Sections (using T-R-S) 46-43-03, 46-43-04, 46-43- 05, 46-43-06, 46-42-01, 46-42-02, 46-42-03, 46-42-04, 46-42-05, 46-42-06, State Rd 7 South to the South Section Line of Section 46-41-01, West along the South Section Line of Section 46-41-01 extended to the L-40 Canal SOUTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43- 30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of 1-95 generally approximates the C-15 Canal EAST - The Atlantic Ocean WEST - The L-40 Canal PS - 27 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 ~21 NORTH - The South Section Line of Sections (using T-R-S) 46-43-28, 46-43-29, 46-43- 30, 46-42-25, 46-42-26, 46-42-27, 46-42-28, 46-42-29, 46-42-30, 46-41-25, and 46-42-26 East of the L-40 Canal, the portion of the line formed by these Section Lines West of 1-95 generally approximates the C-15 Canal SOUTH - The Palm Beach / Broward County Border EAST - The Atlantic Ocean WEST - The L-40 and L-36 Canals #22 NORTH - The Martin / Palm Beach County Border SOUTH - The Palm Beach / Broward County Border EAST - From the Martin / Palm Beach County Border, the Bee Line Hwy South to the West Section Line (using T-R-S) of 41-41-18, the West Section Lines of Sections 41-41-18, 41-41-19, 41-41-30, 41-41-31, 42-41-06, 42-41-07, and 42-41-18 until intersecting with the Canal generally delimiting the Northern extent of The Acreage and the Southern extent of the J. W. Corbett preserve, West along the centerline of the Canal through the center of Sections 42-40- 13, 42-40-14, 42-40-15, 42-40-17, and 42-40-18, then North along the East Section Line of Section 42-39-13 to the North Line of the South Half of Section 42-39-13, then West along the North Line of the South Half of Section 42-39-13 to the West Section Line of Section 42-39-13, then South along The West Section Line of South Half of Section 42-39-13, The West Section Line of Sections 42-39-24, 42-39-25, and 42-39-36 North of the L-8 Canal, the L-8 Canal South to the West Section Line of Section 43-40-08, then South along The West Section Lines of Sections 43-40-08 South of the L-8 Canal, 43-40- 16, 43-40-21,443-40-28, and 43-40-33, then South along the L-40 Canal and the L-36 Canal to the Palm Beach / Broward County Border. WEST - The Shoreline of Lake Okeechobee South to the South Section Line of Section (using T-R-S) 41-37-22, East along the South Section Line of Sections 43-37-22, and 41-37-23, then South along the East Section Line of Sections 41-37-26, 41-37-35, 42-37-02, 42-37-11,42-37-14, 42-37-23, 42-37- 26, and 42-37-35, then West along the South Section Line of Section 42-37- 35 to the East Section Line of Section 43-37-02, then South along the East Section Line of Sections 43-37-02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44- 37-11, 44-37-14, and 44-37-23 to the L-16 Canal, then West along the L-16 Canal and the L-21 Canals, also referenced as the Bolles Canal, to the West Section Line of Section 44-35-34, then North along the West Section Line of PS - 28 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Sections 44-35-34, 44-35-27, 44-35-22, 44-35-15, 44-35-10, 44-35-03, 43-35- 34, and 43-35-27 to the Shoreline of Lake Okeechobee, then Westerly along the Shoreline of Lake Okeechobee to the Palm Beach / Hendry County Border, South along the Palm Beach / Hendry County Border to the Palm Beach / Broward County Border #23 NORTH- The South Section Line of Sections (using T-R-S) 43-37-22 East of Lake Okeechobee, and 41-37-23 SOUTH - The L-16 and L-21 Canals, also referenced as the Bolles Canal EAST - The East Section Line of Sections (using T-R-S) 41-37-26, 41-37-35, 42-37- 02, 42-37-11, 42-37-14,_42-37-23, 42-37-26, and 42-37-35, then West along the South Section Line of Section 42-37-35 to the East Section Line of Section 43-37-02, then South along the East Section Lines of Sections 43-37- 02, 43-37-11, 43-37-14, 43-37-23, 43-37-26, and 43-37-35, then in a Southerly direction to the East Section Line of Section 44-37-02, then South along the East Section Line of Sections 44-37-02, 44-37-11, 44-37-14, and 44-37-23 to the L-16 Canal WEST - The West Section Line of Sections (using T-R-S) 43-35-27 South of the Shoreline of Lake Okeechobee, 43-35-34, 44-35-03, 44-35-10, 44-35-15, 44- 35-22, 44-35-27, and 44-35-34 South to the L-21 or Bolles Canal PS - 29 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOALS, OBJECTIVES AND POLICIES GOAL AREA"A" Public School Concurrency Objective A-1 Level of Service Policy A-1.1 Target Level of Service Standards [Revised per Amendment 04-2] Policy A-1.2 School Capacity Studies / 120% Utilization Policy A-1.3 School Capacity Study Criteria Policy A-1.4 Tiered Level of Service Policy A-1.5 Concurrency Service Areas (CSA) Policy A-1.6 Six Year Capital Improvement Schedule / LOS Determination Policy A-1.7 Consistency with the School District's 5-Year Plan Policy A-1.8 Single-Family Lot Exemption Policy A-1.9 Suspension and/or Termination of School Concurrency Objective A-2 Facilities Requirements Policy A-2.1 Mitigation Options Policy A-2.2 Capacity in Adjacent CSA's Objective A-3 Six-Year Capital Improvement Schedule Policy A-3.1 Intergovernmental Coordination [Revised per Amendment 04-2] GOAL AREA "B SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION Objective B-1 School Facility Siting Policy B-1.1 Expedited Review Process Policy B-1.2 Site Suitability / Water Management Standards Policy B-1.3 Site Compliance with Coastal Element Policy B-1.4 Site Proximity to Urban Residential Areas Policy B-1.5 Collocation with Public Facilities Objective B-2 Intergovernmental Coordination Policy B-2.1 Intedocal Agreement Policy B-2.2 Technical Advisory Group (TAG) Policy B-2.3 Annual Data Update Policy B-2.4 Data Sharing Policy B-2.5 Communication of School Development Issues Policy B-2.6 School Board Comment on Land Use Amendment Policy B-2.7 Emergency Preparedness Coordination PS - 30 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective C-3 Population Projections Policy C-3.1 Disaggregation of BEBR Projections Policy C-3.2 Population Projection Coordination PS - 31 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA "A" PUBLIC SCHOOL CONCURRENCY: IT IS A GOAL OF THE CITY OF DELRAY BEACH TO PROVIDE FOR FUTURE AVAILABILITY OF PUBLIC SCHOOL FACILITIES CONSISTENT WITH THE ADOPTED LEVEL OF SERVICE STANDARD. THIS GOAL SHALL BE ACCOMPLISHED RECOGNIZING THE CONSTITUTIONAL OBLIGATION OF THE SCHOOL DISTRICT TO PROVIDE A UNIFORM SYSTEM OF FREE PUBLIC SCHOOLS ON A COUNTYWIDE BASIS. Objective A-1 To ensure that the capacity of schools is sufficient to support student growth at the adopted level of service standard for each year of the five-year planning period and through the long term planning period. pqlicv A-1.1 The LOS standard is the school's utilization which is defined as the enrollment as a percentage of school student capacity based upon the Florida Inventory of School Houses (FISH). The level of service (LOS) standard shall be established for all schools of each type within the School District as 110 percent utilization, measured as the average for all schools of each type within each Concurrency Service Area. No individual school shall be allowed to operate in excess of 110% utilization, unless the school is the subject of a School Capacity Study (SCS) undertaken by the School District, working with the Technical Advisory Group (TAG) which determines that the school can operate in excess of 110% utilization. The SCS shall be required if a school in the first FTE student count reaches 108 % or higher capacity. As a result of an SCS, an individual school may operate at up to 120% utilization. Upon determination by TAG, if a school is planned and under contract or construction which will relieve capacity of an existing school, the existing school shall be allowed to exceed the 120% maximum utilization for a period not to exceed 2 years. The former is intended to prevent the movement of students more than once. [Revised per Amendment 04-2] Policy A-1.2 If, as a result of a School Capacity Study (SCS), a determination is made that a school will exceed 120% utilization or cannot operate in excess of 110% utilization, then the School District shall correct the failure of that school to be operating within the adopted LOS through 1) program adjustments 2) attendance boundary adjustments or 3) modifications to the Capital Facilities Program to add additional capacity. If, as a result of the SCS a determination is made that the school will exceed 110% and can operate within adopted guidelines, the identified school may operate at up to 120% utilization. If as a result of one or more School Capacity Studies that demonstrate that the schools of a particular type can operate at a higher standard than the 110% utilization standard of the CSA, the Comprehensive Plan will be amended to reflect the new LOS for that school type in that CSA. Policy A-1.3 The School Capacity Study (SCS) shall determine if the growth rate within an area, causing the enrollment to exceed 110 percent of capacity, is temporary or reflects an ongoing trend affecting the LOS for the 5 year planning period. The study shall include data which shows the extent of the exceedance attributable to both existing and new development. Notification shall be provided to the local government within whose jurisdiction the study takes place. At a minimum, the study shall consider: PS - 32 COMPREHENSIVE PLAN AMENDMENT 04~2 ORDINANCE 29-04 1. Demographics in the school's Concurrency Service Area (CSA); 2. Student population trends; 3. Real estate trends (e.g. development and redevelopment); 4. Teacher/student ratios; and 5. Core facility capacity. 1301icy A-1.4 The adopted LOS standard shall become applicable to the entire County at the beginning of the 2004-05 school year, by which time the School District has achieved the countywide adopted level of service for all schools of each school type. In the interim, Table A-1.1 establishes the tiered level of service standards for each CSA by school type. Individual schools of each type may exceed the Tiered LOS standards during the period in which Tiered LOS are in effect. Each individual school exceeding the Tiered LOS during that time shall not be allowed to exceed the utilization standards for that school type as shown in the Maximum UtiliZation Table of this element (Table A- l .2). Table A-1.1 Standards for Tiered Level of Service 1 Elementary 110 Middle 110 High 110 2 Elementary 110 Middle 110 High 125 1110 I 3 Elementary 110 Middle 110 High 125 1120 1110 4 Elementary 110 Middle 110 High 125 1120 II10 5 Elementary 110 Middle 110 High 130 1130 1110 [Revised by Amendment 02-1] PS - 33 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.1 (Continued) CSA Facility Type 2002-03 12003-04 12004-05 12005-06 6 Elementary 110 Middle 125 120 110 High 125 120 110 8 Elementary 110 Middle 125 125 110 High 120 120 110 9 Elementary 125 125 110 Middle 125 115 110 High 120 130 110 10 Elementary 110 Middle 125 125 1110 I High 120 110 11 Elementary 110 Middle 125 I 110 I High 110 12 Elementary 110 Middle 135 120 110 High 140 120 110 14 Elementary 115 110 Middle 140 140 110 High 115 115 110 15 Elementary 110 Middle 135 135 110 High 120 120 110 16 Elementary 130 130 110 Middle 122 125 110 High 150 150 110 [Revised by Amendment 02-1] PS - 34 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.1 (Continued) 17 Elementary 110 Vliddle 110 High 115 110 18 Elementary 125 125 110 Middle 140 140 110 High 140 120 110 19 Elementary 110 Middle 110 -- High 110 20 Elementary 110 Middle 110 High 130 1130 1110 21 Elementary 110 Middle 110 High 110 22 Elementapj 110 Middle 110 High 110 1120 1110 23 Elementary 110 Middle 110 High 110 Source: Based on data depicted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000, and the actual count of students in the second semester of the 2000-01 school year. [Revised by Amendment 02-1 PS - 35 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 MAXIMUM UTILIZATION TABLE: Standards for Utilization of Capacity CSA Facility Type 2002-03 2003-04 2004-05 12005-06 I Elementary 130 130 110 Middle 120 High 120 2 Elementary 120 Middle 120 High 125 120 3 Elementary 120 Middle 120 High 125 125 120 4 Elementary 125 125 120 Middle 120 High 130 120 110 5 --lementary 125 125 120 Middle 120 High 130 130 120 Elementary 125 125 120 6 Vliddle 135 130 120 High 125 125 120 8 Elementary 120 Vliddle 135 1135 1120 High 120 9 Elementary 130 130 120 Middle 135 130 120 High 130 130 120 10 Elementa[y 130 130 120 Middle 140 140 120 High 120 [Revised by Amendment PS - 36 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 (Continued) CSA Facility Type 2002-03 12003-04 12004-05 12005-06 11 Elementary 120 Middle 120 High 120 12 Elementary 130 130 120 Middle 145 130 120 High 145 120 14 Elementary 135 135 120 Middle 145 145 120 .- High 120 15 Elementary 145 145 120 Middle 140 140 120 High 135 120 120 16 Elementary 175 175 120 Middle 150 150 120 High 150 150 120 17 Elementary 155 ~ 150 120 Middle 130 130 120 High 135 135 120 18 Elementary 135 135 120 Middle 140 140 120 High 145 125 120 19 Elementary 130 125 120 Middle 120 High 145 1130 1120 20 Elementary 120 Middle 120 High 145 1130 1120 [Revised by Amendment 02-1 PS - 37 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Table A-1.2 (Continued) CSA Facility Type 2002-03 2003-04 2004-05 12005-06 21 Elementary 135 135 120 Middle 135 135 120 High 145 145 120 22 Elementary 120 Middle 120 High 120 23 Elementary 120 Middle 120 High 120 Source: Based on data de ~icted in the School District of Palm Beach County FY2001-FY2005 Five-Year Plan and FY 2001 Capital Budget, June 2000. [Revised by Amendment 02-1 Pgli~¥ A-1.5 Concurrency Service Areas (CSA) shall be established on a less than district-wide basis, as depicted on Map PS 1.1 and described in the Concurrency Service Area Boundary Descriptions in the Implementation Section of this element. 1. The criteria for Concurrency Service Areas shall be: Palm Beach County is divided into twenty-one CSAs. Each CSA boundary shall be delineated considering the following criteria and shall be consistent with provisions in the Interlocal Agreement: a. School locations, student transporting times, and future land uses in the area. b. Section lines, major traffic-ways, natural barriers and county boundaries. 2. Each CSA shall demonstrate that: a. Adopted level of service standards will be achieved and maintained for each year of the five-year planning period; and b. Utilization of school capacity is maximized to the greatest extent possible, taking into account transportation costs, court approved desegregation plans and other relevant factors. PS - 38 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 3. Consistent with s.163.3180(13)(c)2.,F.S., changes to the CSA boundaries shall be made only by amendment to the Public Schools Facilities Element and shall be exempt from the limitation on the frequency of plan amendments. Any proposed change to CSA boundaries shall require a demonstration by the School District that the requirements of 2(a) and (b), above, are met. Policy A-1.6 The City of Delray Beach shall consider as committed and existing the public school capacity which is projected to be in place or under construction in the first three years of the School District's most recently adopted Five-Year Plan, as reflected in Table SD-CIP (Six Year Capital Improvement Schedule) of the Capital Improvement Element of the City of Delray Beach's Comprehensive Plan, when analyzing the availability of school capacity and making level of service compliance determinations. Policy A-1.7 The City of Delray Beach shall amend Table SD-CIP (Six Year Capital Improvement Schedule) of the Capital Improvement Element when committed facility capacity is eliminated, deferred or delayed, to ensure consistency with the School District Five-Year Plan. Policy A-1.8 For purposes of urban infill and in recognition of the entitlement density provisions of the City of Delray Beach's Future Land Use Element, the impact of a home on an existing single family lot of record shall not be subject to school concurrency. policy A-1.9 The City of Delray Beach shall' suspend or terminate its application of School concurrency upon the occurrence and for the duration of the following conditions: 1. School concurrency shall be suspended in all CSAs upon the occurrence and for the duration of the following conditions: The occurrence of an "Act of God"; or The School Board does not adopt an update to its Capital Facilities Plan by September 15th of each year; or · The School District's adopted update to its Capital Facilities Program Plan does not add enough FISH capacity to meet projected growth in demand for permanent student stations at the adopted level of service standard for each CSA and ensures that no school of any type exceeds the maximum utilization standard in any CSA; or · The School Distdct Capital Facilities Plan is determined to be financially infeasible as determined by the State Department of Education, or as defined by the issuance of a Notice of Intent to Find an Amendment to a Capital Improvement Element not in compliance as not being financially feasible, by the Department of Community Affairs; or by a court action or final administrative action; or PS - 39 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 · If concurrency is suspended in one-third or more of the CSAs pursuant to Policy A-1.9(2)(a) below. 2. School Concurrency shall be suspended within a particular CSA upon the occurrence and for the duration for the following conditions: · Where an individual school in a particular CSA is twelve or more months behind the schedule set forth in the School District Capital Facilities Plan, concurrency will be suspended within that CSA and the adjacent CSAs for that type of school; or · The School District does not maximize utilization of school capacity by allowing a particular CSA or an individual school to exceed the adopted Level of Service (LOS) standard; or · Where the School Board materially amends the first 3 years of the Capital Facilities Plan and that amendment causes the Level of Service to be exceeded for that type of school within a CSA, concurrency will be suspended within that CSA and the adjacent CSAs only for that type of school. 3. The County shall maintain records identifying all Concurrency Service Areas in which the School District has notified the County that the application of concurrency has been suspended. 4. Once suspended, for any of the above reasons, concurrency shall be reinstated once the Technical Advisory Group (TAG) determines the condition that caused the suspension has been remedied or the Level of Service for that year for the affected CSAs have been achieved. 5. If a Program Evaluation Report recommends that concurrency be suspended because the program is not working as planned, concurrency may be suspended upon the concurrence of 33% of the PARTIES signatories of the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency". 6. Upon termination of the Intedocal Agreement the County shall initiate a Comprehensive Plan Amendment to terminate school concurrency. Objective A-2 To provide for mitigation alternatives which are financially feasible and will achieve and maintain the adopted level of service standard in each year of the five-year planning period. Policy A-2.1 Mitigation shall be allowed for those development proposals that cannot meet adopted level of service standard. Mitigation options shall include options listed PS - 40 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 below for which the School District assumes the operational responsibility and which will maintain the adopted level of service standards for each year of the five-year planning period. 1. Donation of buildings for use as a pdmary or alternative learning facility; and/or 2. Renovation of existing buildings for use as public school facilities; or 3. Construction of permanent student stations or core capacity. The site plan for buildings being renovated pursuant to number 2 above, that are fifty years of age or older, shall demonstrate that there are no adverse impacts on sites listed in the National Register of Historic Places or otherwise designated in accordance with appropriate State guidelines as locally significant historic or archaeological resources. .. Policy A-2.2 A development order shall be issued and mitigation measures shall not be exacted when the adopted level of service standard cannot be met in a particular concurrency service area, as applied to an application for a development order, if the needed capacity for the particular CSA is available in one or more contiguous CSAs. Objective A-3 To ensure existing deficiencies and future needs are addressed consistent with the adopted level of service standard. Policy A-3.1 The City of Delray Beach, in coordination with the School District and other local governments, shall annually adopt the updated School District of Palm Beach County Six-Year Capital Improvement Schedule, by reference or follow other procedures consistent with Rule 9J-5, Florida Administrative Code. This provision is intended to maintain consistency with the School Board's adopted Five-Year Plan and to maintain a financially feasible capital improvements program and ensure that level of service standards will continue to be achieved and maintained in each year of the five year planning period. [Revised per Arnendment 04-2] PS - 41 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 GOAL AREA"B" SCHOOL FACILITY SITING AND DEVELOPMENT COORDINATION: IT IS THE GOAL OF CITY OF DELRAY BEACH TO MAINTAIN AND ENHANCE JOINT PLANNING PROCESSES AND PROCEDURES FOR COORDINATION OF PUBLIC EDUCATION FACILITIES FOR PLANNING AND DECISION-MAKING REGARDING POPULATION PROJECTIONS, PUBLIC SCHOOL SITING, AND THE DEVELOPMENT OF PUBLIC EDUCATION FACILITIES CONCURRENT WITH RESIDENTIAL DEVELOPMENT AND OTHER SERVICES. Objective B-1 "To establish a process of coordination and collaboration between the County, local governments, and the School District in the planning and siting of public school facilities in coordination with planned infrastructure and public facilities. Policy B-1.1 The City of Delray Beach shall coordinate and provide for expedited review of development proposals with the School District during the development review process to ensure integration of public school facilities with surrounding land uses and the compatibility of uses with schools. policy B-1.2 The proposed site shall be suitable or adaptable for development in accordance with applicable water management standards, and shall not be in conflict with the adopted or officially accepted plans of the South Florida Water Management District, or any applicable Stormwater Utility or Drainage District. policy B-1.3 The proposed location shall comply with the provisions of the Coastal Zone Management Element of the Comprehensive Plan, if applicable to the site. policy B-1.4 The City of Delray Beach shall encourage the location of schools proximate to urban residential areas by: · Assisting the School District in identifying funding and/or construction opportunities (including developer participation or City of Delray Beach capital budget expenditures) for sidewalks, traffic signalization, access, water, sewer, drainage and other infrastructure improvements; · Providing for the review for all school sites as indicated in Policy B-1.1 above; and, · Allowing schools as a permitted use within all urban residential land use categories. policy B-1.5: The City of Delray Beach shall coordinate with the School District for the collocation of public facilities, such as parks, libraries, and community centers with schools, to the extent possible, as sites for these public facilities and schools are chosen and development plans prepared. PS - 42 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 Objective B-2 To establish and maintain a cooperative relationship with the School District and municipalities in coordinating land use planning with development of public school facilities which are proximate to existing or proposed residential areas they will serve and which serve as community focal points. pQlicv B-2.1 The City of Delray Beach shall abide by the "Palm Beach County Interlocal Agreement with Municipalities of Palm Beach County and the School District of Palm Beach County to establish Public School Concurrency", which was fully executed by the parties involved and recorded with the Clerk of the Circuit Court of Palm Beach County on January 25, 2001, consistent with ss.163.3177(6)(h)1.and 2. F.S. and 163.3180 F.S. pQli(;;y B-2.2 The Technical Advisory Group (TAG) shall be established by the County, " participating local governments, and the School District. The five member TAG will be comprised of a Certified Public Accountant, a General Contractor, a Demographer, a Business Person, and a Planner, nominated by their respective associations as indicated in the Interlocal Agreement to establish Public School Concurrency mentioned in Policy B-2.1 above. The Technical Advisory Group shall review and make recommendations including but not limited to the following: 1. The Capital Facilities Plan; 2. The Ten and Twenty Year work programs; 3. Schools that trigger a School Capacity Study; 4. Concurrency Service Areas boundaries; 5. School District Management Reports; and 6. Operation and effectiveness of the Concurrency Program; 7. Program Evaluation Reports. Policy B-2.3 The City of Delray Beach shall provide the School District with annual information needed to maintain school concurrency, including information required for the School District to establish: School siting criteria; · Level of service update and maintenance; · Joint approval of the public school capital facilities program; · Concurrency service area criteria and standards; and · School utilization. Policy B-2.4 The City of Delray Beach shall provide the School District with 'its Comprehensive Plan, along with the five-year land use and population projections, to facilitate development of school enrollment projections and shall annually update this information. The City of Delray Beach shall coordinate its Comprehensive Plan and the Future Land Use Map with the School District's long range facilities maps (Maps PS 3.1 and PS 3.2), to ensure consistency and compatibility with the provisions of this Element. PS - 43 COMPREHENSIVE PLAN AMENDMENT 04-2 ORDINANCE 29-04 P01i~v B-2.5 The City of Delray Beach shall advise the School District of a proposed public school site's consistency with the City of Delray Beach's Comprehensive Plan and land development regulations, including the availability of necessary public infrastructure to support the development of the site. P~)li(;:Y B-2.6 The City of Delray Beach shall provide opportunity for the School District to comment on comprehensive plan amendments, rezonings, and other land-use decisions which may be projected to impact on the public schools facilities plan. Policy B-2.7 The City of Delray Beach shall coordinate with local governments and the School District on emergency preparedness issues which may include consideration of: · Design and/or retrofit of public schools as emergency shelters; · Enhancing public awareness of evacuation zones, shelter locations, and evacuation routes; · Designation of sites other than public schools as long term shelters, to allow schools to resume normal operations following emergency events. Obie~tive (;;-3 To establish a joint process of coordination and collaboration between the City of Delray Beach, Palm Beach County and the School District in the planning and decision making on population projections. pQlicy C-3.1 The County shall convert the BEBR projections into both existing and new residential units and disaggregate these units throughout incorporated and unincorporated Palm Beach County into each CSA, using BEBR's annual estimates by municipality, persons-per-household figures, historic growth rates and development potential considering the adopted Future Land Use maps of all local government Comprehensive Plans. These projections are shown in Exhibit E of the Intedocal Agreement as "Projected Units Table" which shall be amended annually and provided to the School District. Policy C-3.2 The City of Delray Beach commits working with the School District and Palm Beach County to improve this methodology and enhance coordination with the plans of the School District and local governments. Population and student enrollment projections shall be revised annually to ensure that new residential development and redevelopment information provided by the municipalities and the County as well as changing demographic conditions are reflected in the updated projections. The revised projections and the variables utilized in making the projections shall be reviewed by all signatories through the Intergovernmental Plan Amendment Review Committee (IPARC). Projections shall be especially revisited and refined with the results of the 2000 Census. The responsibilities of local governments and the School District on population projections are described in Section ¥111-B of the Intedocal Agreement. PS - 44 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~ SUBJECT: AGENDA ITEM # ~ (b e._ . REGULAR MEETING OF OCTOBER 19, 2004 ORDINANCE NO. 61-04 (AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS") DATE: OCTOBER 15, 2004 This ordinance is before City Commission for second reading and public hearing to amend Chapter 35, "Employee Policies and Benefits" of the City Code of Ordinances, Section 35.095, by amending Subsection (A)(2) "Participant Contributions", to provide for an increased employee contribution. At the first reading on October 5, 2004, the Commission passed Ordinance No. 61-04. Recommend approval of Ordinance No. 61-04 on second and final reading. S:\CiD' Clerk\agenda memo. Ord 61.04. General Empl Pension Plan. 10.19.04 [ITY OF DELRI:IY BEI:I[H CITY ATTORNEY'S OFFICE ~_oo ~w ,~ ^v~$~.- ~^~ ~.^c., ~o~i~^ ~4~ TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: 561/243-7091 DELRAY BEACH ~i~a cit~ MEMORANDUM ~3 2oo~DATE: September 28, 2004 TO: City Commission David Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Ordinance Increasing General Employees Pension Plan Contributions by One-Half of One Percent The attached ordinance increases the amount that City Employees contribute to the General Employees Pension Plan by one-half of one percent. Please place the ordinance on the City Commission agenda for October 5, 2004 for first reading. Attachment Cc: Chevelle Nubin, Acting City Clerk Harry Hamilton, Director of Human Resources Joe Safford, Finance Director Department Heads ORDINANCE NO 61-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", SECTION 35.095, BY AMENDING SUBSECTION (A)(2), "PARTICIPANT CONTRIBUTIONS", TO PROVIDE FOR AN INCREASED EMPLOYEE CONTRIBUTION; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City has a duty to make sure the "City of Delray Beach Employees Retirement Plan is actuarially sound; and WHEREAS, the City has contributed 8.07% of payroll for Fiscal Year 2003 and is required to contribute 9.10% of payroll in fiscal year 2004 in order to make sure the pension plan is actuarially sound; and WHEREAS, it is the determination of the City that it is necessary to increase the employee contribution by one-half of one percent (0.5%) in order to make sure that the plan is actuarially sound. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Title 3, "Administration", Chapter 35, "Employees Policies and Benefits", subsection 35.095, "Contributions of Participant and City", subsection (A), "Participants Contribution Account", subsection (A)(2), "Participants' Contribution", to read as follows: Sec. 35.095. CONTRIBUTIONS OF PARTICIPANT AND CITY. (A) Participant's Contribution Account. (1) [Tax-Deferred Contdbutions.] For the pu~ose of this Section "Participant's Contribution Account" will consist of tax deferred participant contributions. Effective the first pay period beginning on or after October 1, 1989, employee contributions will be picked up by the City and shall be treated as employer contributions for tax purposes. However, for all purposes of determining benefits under the plan, they will be considered participant contributions. (2) [Partidpants' Contributions.] Each participant will contribute toward the cost of the plan an amount equal to three (3) percent of the fzrst four thousand eight hundred dollars ($4,800.00) of his basic annual compensation, and six (6) percent of basic annual compensation in excess of four thousand eight hundred dollars ($4,800.00) until the beginning of the first pay period after September 25, 1984. Beginning with the first pay period after September 25, 1984, each participant will contribute toward the cost of the plan an amount equal to six (6) percent of basic compensation. Effective as of the first pay period beginning on or after October 1, 1989, participant contributions will be equal to four and one-half (4 1/2) percent of basic compensation on a tax-deferred basis. Beginning with the first pay period after September 1, 1999, participants shall not be required to contribute to the plan, except those participants described in paragraph (4) of this Section. Beginning with the first pay period after September 30, 2003, participants who are not included in the bargaining unit specified in paragraph (4) shall contribute two (2) percent of basic compensation. Be~nning with the first pay period after November l, 2004, participants who are not included in the bargaining unit specified in Paragraph (4) shall contribute two and one-half percent (2.S°/0) of basic compensation. (3) (Total Benefits Payable.] Anything in the plan to the contrary notwithstanding, the total benefits payable under the plan to, or with respect to, a participant shall not be less than the benefits that can be provided by the participant's contributions, and further provided, if a participant, who is terminated, elects to withdraw participant contributions, the participant will be entitled to the return of participant contributions with interest, in lieu of all other benefits payable under the plan. Effective September 1, 1999, if a participant has ten (10) or more years of credited service under the plan a noncompounded simple interest rate of five (5) percent per year shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Effective September 1, 1999, if a participant has less than ten (10) years of credited service under the plan a noncompounded simple interest rate of three (3) percent shall be applied to the principal balance of the participant's contribution as accrued on December 31 of each year. Participant contributions cannot be withdrawn while a participant remains in the employ of the City or after the payment of benefits under the plan has commenced. (4) Applicability to Bargaining Unit Employees. Participants who are members of the bargaining unit represented by the National Conference of Firemen and Oilers shall not be required to contribute to the plan unless a written actuarial valuation indicates that contributions are required to properly fund the plan in an actuarially sound manner. If an actuary selected by the Retirement Committee determines that additional contributions are required to properly fund the plan, the City and bargaining unit members shall equally share such contributions on a percentage of payroll basis; provided that no member shall be required to contribute more than four and one-half (4 1/2), percent of basic compensation unless the City and union agree to a greater participant contribution. 2 ORD NO 61-04 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 ~ day of ,2004. MAYOR ATTEST: ACTING CITY CLERK First Reading Second Reading 3 ORD NO 61-04 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER Vdv//~ SUBJECT: AGENDA ITEM # V~) ~ - REGULAR MEETING OF OCTOBER 19, 2004 ORDINANCE NO. 31-04 DATE: OCTOBER 15, 2004 This ordinance is before Commission for second reading and quasijudidal hearing for a City initiated rezoning from GC (General Commercial) to CBD (Central Business District) for 41.53 acres of land for properties generally located on the north and south sides of West Atlantic Avenue, between NW/SW Is' Avenue (100 Block) and NW/SW 12t~ Avenue (1200 Block) within the West Atlantic Avenue Overlay District. The rezoning is associated with a City initiated Future Land Use Map (FLUM) Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan. The Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to A-1-A. The proposal is for the downtown area to have the same zoning designation, which is CBD. The Planning and Zoning Board held a public hearing regarding this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and property owners being forced to sell their properties for redevelopment. It was further explained that the rezoning of the existing commercially zoned properties to CBD was to apply one zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 to recommend to the City Commission approval of the proposed rezoning, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets the criteria set forth in LDR Section 2.4.5(D)(5) (Rezoning Findings) and Chapter 3 (Performance Standards). At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 31-04. Recommend approval of Ordinance No. 31-04 on second and final reading. S:\City Clerk\agenda memos\Ord.31.04 West Atlantic Avenue ~,'eflay. 10.19.04 , SUBJECT: MEETING OF OCTOBER 5, 2004 CI~-INITIATED REZONING FROM GC (GENERAL COMMERCIAL) TO CBD (CENTRAL BUSINESS DISTRICT) FOR PROPERTIES GENERALLY LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE BETWEEN NW/SW Is~ AVENUE (100 BLOCK) AND NW/SW 12TM AVENUE (1200 BLOCK) WITHIN THE WEST ATLANTIC AVENUE OVERLAY DISTRICT. :: : : : ~: :BAcKG:ROUND LYSlS: ::::::~ The rezoning is associated with a City initiated Future Land Use Map Amendment from GC (General Commercial) to CC (Commercial Core) which is being processed in conjunction with the City's annual Comprehensive Plan Amendment 2004-2 and is scheduled for second reading at the City Commission meeting on October 19, 2004. The FLUM amendment and rezoning are being processed in response to direction provided in the adopted Downtown Delray Beach Master Plan. The Plan establishes a blueprint for the revitalization and unification of the City's downtown area, which is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The prope~ies in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area and is currently zoned GC. The proposal is for the downtown area to have the same zoning designation, which is CBD. The FLUM amendment and rezoning originally included the potion of the tennis center prope~y that fronts Atlantic Avenue; however, due to deed restrictions that limit the development of the prope~y, the tennis center prope~y is being eliminated from this Comprehensive Plan Amendment. Rezoning of a potion of the prope~y to CBD may be considered with a future Comprehensive Plan Amendment. At its meeting of June 22, 2004, the City Commission unanimously approved this rezoning request on first reading; however the rezoning was not properly adve~ised. The ordinance has been properly advedised and is now before the Commission for first reading of the ordinance. A full analysis of the proposed FLUM amendment and rezoning is provided in the attached Planning and Zoning Board staff repo~. P L:A:N:N IN G::AN D: :ZO:N I:N ~] At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing on this item in conjunction with Comprehensive Plan Amendment 2004-2. There was public testimony in opposition to the request that primarily related to concerns with displacing residences and prope~y owners being forced to sell their prope~ies for redevelopment. It was fu~her explained that the rezoning of the existing commercially zoned prope~ies to CBD was to apply one zoning designation for the downtown area and that it was not associated with any specific development proposal. The Board voted 4-0 (Pike, Sowards & Walker absent) to recommend approval of the proposed rezoning. Move to approve on first reading the rezoning from GC (General Commercial) to CBD (Central Business District), by adopting the findings of fact and law contained in the staff repo~, and finding that the request is consistent with the Comprehensive Plan and meets criteria set fo~h in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations, with second reading to occur on and October 19, 2004. Attachments: Planning and Zoning Board staff repo~ of May 17, 2004 & Ordinance by Others ~ ORDINANCE NO. 31-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED GC (GENERAL COMMERCIAL) DISTRICT TO CBD (CENTRAL BUSINESS DISTRICT) DISTRICT; SAID LAND BEING PARCELS OF LAND LOCATED ON THE NORTH AND SOUTH SIDES OF WEST ATLANTIC AVENUE, BETWEEN NW/SW 1 ST AVENUE AND NW/SW 12TM AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, dated July 2004, as being zoned GC (General Commercial) District; and WHEREAS, at its meeting of May 17, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted 4 to 0 to recommend that the property hereinafter described be rezoned, based upon positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of CBD (Central Business District) District for the following described property: Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together With; Lots 1-11, inclusive/less r/w SR 806/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 8, Atlantic Gardens, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 63, of the Public Records of Palm Beach County, Florida; Together with; TRS B & C, Belair Heights Replat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 73, Page 17, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 & 2, Lots 7-11, inclusive, and Lots 17 - 20, inclusive, Block 1, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-6, inclusive, and Lots A & B, Block 2, Belair Heights, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 20, Page 45, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5 inclusive/less r/w SR 806/, Myricks Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10 Page 79, of the Public Records of Palm Beach County, Florida; Together with; S 145 ft of N 290 fl of E 147 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4 of the Public Records of Palm Beach County, Florida; Together with; N 50 ft of S 300 ff of E 145 ft of Lot 9, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1 Page 4 of the Public Records of Palm Beach County, Florida; 2 ORD NO. 31-04 Together with; W 80 ft of E 300 ft of S 130 fl of N 145 ft of Lot 9/less r/w SR 806/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-11 inclusive/less N 20 fi/, Lots 12-16, inclusive and Lots 21-25, inclusive, Block 5, Subdivision of Block 5, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 23, Page 72, of the Public Records of Palm Beach County, Florida; Together with; S 365 t~ of N 385 ft of W 135 ft of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 80 ft of N 100 ft of E 150 ft & S 250 ft of N 350 ft of E 135 ft of Blk 13, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; S 290 fi of N 310 fl/less E 5 ft aw5th Ave r/w/ofBlk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 150 fi of S 294.28 ft of Blk 21, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 3 ORD NO. 31-04 Together with; Lots 9-11, inclusive, Blk 22, Subdivision of the North half of Block 22 Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 10, Page 38, of the public records of Palm Beach County, Florida; Together with; Lots 1-3, inclusive, Blk 30, Town of Delray, a subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat, Checkers Atlantic - Delray Plat, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 71, Page 192, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less N 20 ft Atlantic Ave r/w/, Blk 29, Resubdivision of Blocks 29 & 37, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 9, Page 66, of the Public Records of Palm Beach County, Florida; Together with; S 30.5 fi of Lot 5 & N 19.5 fi of Lot 6, Blk 29, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-4, inclusive/less N 20 fi SR 806 rd r/w/, Blk 53, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-14 inclusive/less S 20 fi SR 806 rd r/w/, Lots 34 & 35, Blk 1, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; 4 ORD NO. 31-04 Together with; Lots 2-7, inclusive /less S 20 ff SR 806 rd r/w/, Lots 9-11, inclusive & Lots 30-32, inclusive, Blk 2, Atlantic Pines, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 13, Page 77, of the Public Records of Palm Beach County, Florida; Together with; Lot 1 & abandoned S 9 ft alley lyg N of & adj to/less E 10 It/and Lot 6 & abandoned S 11 ft alley lyg N of & adj to, Block 6, Whiddens Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 58, of the Public Records of Palm Beach County, Florida; Together with; W 274.8 ft of S 1/4 of Lot 10/less E 10 fl NW 9th Ave r/w, W 25 ft NW 10th Ave r/w & SR 806 road r/w/, Sub of 17-46-43, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 4, of the Public Records of Palm Beach County, Florida; Together with; All of plat lyg Ely of& adjacent to NW 9th Ave r/w as in OR 4465 P1517/less E 25 ft NW 8th Ave r/w & SR 806 road r/w/, Fennos J G Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 2, Page 89, of the Public Records of Palm Beach County, Florida; Together with; Parcel A, Delray Amoco, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 69, Page 38, of the Public Records of Palm Beach County, Florida; Together with; N 100 It of W 130.44 fl of S 1/2, N 142.1 fl of W 130.44 ft of E 155.44 ft of E 1/2 of S 1/2 & W 76 It of E 101 fl of N 120 ft of S 140 fl of E 1/2 of S 1/2, Blk 4, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; 5 ORD NO. 31-04 Together with; S 1/2 of Blk 12/less S 20 fi SR 806 rd r/w/, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 26, Blk 12, Monroe Subdivision, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 14, Page 67, of the Public Records of Palm Beach County, Florida; Together with; N 250 f~/less W 135 fi/, Blk 20, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; E 165 fi of S 135 fi & N 70 ft of S 205 fi of E 135 fi, Blk 19, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lots 1 - 8, inclusive, Melvin S Burd Sub, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 11, Page 73, of the Public Records of Palm Beach County, Florida; Together with; Lots 1-5, inclusive, Replat of part of Blk 27, Town of Linton, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 21, Page 43, of the Public Records of Palm Beach County, Florida; 6 ORD NO. 31-04 Together with; Lots 7 & 8, Blk 27, Town ofDelray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; Lot 1, Blk 28, Town of Delray, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 1, Page 3, of the Public Records of Palm Beach County, Florida; Together with; All of Plat/less TR C-3/, Atlantic Grove, a Subdivision in Palm Beach County, Florida as per the Plat thereof recorded in Plat Book 96, Page 55, of the Public Records of Palm Beach County, Florida; Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of CC (Commercial Core) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. 7 ORD NO. 31-04 ATTEST M A Y O R City Clerk First Reading Second Reading 8 OR.D NO. 31-04 PLANNING AND ZONING BOARDi) CITY OF DELRAY BEACH --STAFF REPOR'I~-- MEETING DATE: May 17, 2004 AGENDA ITEM: IIIJ~.2.B. ITEM: cityinitiated Future Land Use Map Amendment from GC (General Commercial) In Part and CF-P (Community Facilities-Public Buildings) In Part to CC (Commercial Core) and Rezoning From GC (General Commercial) In Part and CF (Community Facilities) To CBD (Central Business District) For Properties Generally Located on the North and South Sides of West Atlantic Avenue Between NWISW lS~ Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) Within the West Atlantic Avenue Overlay District (QuaSi-Judicial Hearing). GENERAL DATA: Owner. ..........................................City Initiated Location ........................................Generally located on the north and south sides of West Atlantic Avenue between NW/SW 1~ AvenUe (100 Block) and NW/SW 12~ Avenue (1200 Block) Property Size ................................. 42.88 Acres Future Land Use Map .................... CF-P (Community Fac~ities-Public Building) & GC (General Commercial) Proposed FLUM ............................ CC (Commercial Core) Current Zoning .............................. GC (General Commercial) & CF (Community Facilities) Proposed Zoning ........................... CBD (Central Business District) Adjacent Zoning .................. North: GC (General Commercial) East: GC & RM (Medium Density Residential) South: RM WeSt: GC & RM ~, Existing Land Use ........................ Commercially zoned properties and Tennis Center Parking Lot. Water Service ............................... n/a Sewer Service ............................... n/a IliA.?_[ The action before the Board is that of making a recommendation to the City Commission on a City initiated Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12"~ Avenue (1200 Block) within the West Atlantic Avenue Overlay District. Pursuant to Section 2.2.2(E) of the Land Development Regulations, the Planning and Zoning Board shall review and make a recommendation to the City Commission with respect to FLUM Amendments or Rezoning of any property within the City. At its meeting of March 19, 2002, the City Commission adopted the Downtown Delray Beach Master Plan, which establishes a blueprint for the revitalization and unification of the City's downtown area. This area is generally defined as the entire business corridor from 1-95 to Ocean Boulevard (A-l-A). The Master Plan divides the downtown business area into three districts, the West Atlantic Neighborhood from Interstate 95 to Swinton Avenue, the Central Core District, from Swinton Avenue to the Intracoastal Waterway and the Beach District, east of the Intracoastal Waterway to the beach. The Master Plan includes several general recommendations and a series of proposals for each of the three districts. Future development in the area must be in accordance with the provisions of both the Downtown Delray Beach Master Plan and the West Atlantic Avenue Redevelopment Plan (adopted in 1995). The properties in question are located within the West Atlantic Neighborhood, which includes the West Atlantic Avenue Redevelopment Area. The properties currently zoned GC (General Commercial) encompass 41.81 acres, while the property zoned CF (Community Facilities) involves 1.07 acres (42.88 acres total). REQUIRED FINDINGS: LDR (Chapter 3) PERFORMANCE STANDARDS: Pursuant to Section 3.1.1 (Required Findings), prior to approval of Land Use applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 2 Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. The proposed FLUM amendments will assign a Future Land Use Map designation of CC (Commercial Core) and the proposed rezoning to CBD (Central Business District) is consistent with this FLUM designation. These changes will apply the same zoning designation that currently exists for the downtown area, east of Swinton Avenue (CBD). The CBD and GC zoning districts accommodate mixed-use development. The CBD zoning is consistent with the CC FLUM designation. Thus, positive findings can be made regarding consistency of the FLUM and zoning designations. The remaining required findings of LDR Section 3.1.1, Concurrency, Comprehensive Plan Consistency and Compliance with the Land Development Regulations are discussed below. Future Land Use Element Policy A-1.7: Amendments to the Future Land Use Map (FLUM) must be based upon the findings listed below, and must be supported by data and analysis that demonstrate compliance with these findings: · Demonstrated Need -- That there is a need for the requested land use. The need must be based upon circumstances such as shifts in demographic trends, changes in the availability of land, changes in the existing character and FLUM designations of the surrounding area, fulfillment of a comprehensive plan objective or policy, annexation into the municipal boundaries, or similar circumstances. The need must be supported by data and analysis verifying the changing demographics or other circumstances. This requirement shall not apply to requests for the FLUM designations of Conservation or Recreation and Open Space; nor shall it apply to FLUM changes associated with annexations when the City's advisory FLUM .. designation is being applied, or when the requested designation is of a similar intensity to the advisory designation. However, the findings described in the remainder of this policy must be addressed with all FLUM amendments. The adopted Downtown Delray Beach Master Plan includes recommendations for redevelopment of the subject properties. The proposed FLUM amendments and associated rezonings will fulfill the following policies: Future Land Use Element Policy C-4.2 The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business districts surrounding the Atlantic Avenue corridor between 1-95 and A-l-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village like, community by-the-sea" character of the CBD. The Plan addresses a wide range of issues including infill development, neighborhood parks, shared parking, public art, the roadway and alleyway systems, marketing/economic development, and the need to. modify the Land Development Regulations to include design guidelines to retain the character of Delray Beach. Future development and redevelopment in this area shall be consistent with the Master Plan. Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 3 The above policy and adopted Downtown Delray Beach Master Plan characterizes the City's downtown area as the commercial areas surrounding the Atlantic Avenue corridor, between 1-95 and State Road A-1-A (Ocean Boulevard). The Master Plan is the Citizens' vision for the growth and unification of Delray Beach. It represents the ultimate growth and form of the community and the creation of a recognizable and seamless center for our city. During the development of the Master Plan three neighborhoods and districts were identified for the downtown area: The West Atlantic Neighborhood, The Central Core, and the .Beach District. The goal is to include these districts within one zoning classification - the CBD (Central Business District). Besides the changes to the commercial designation, the Master Plan includes general recommendations and a series of proposals for each of the districts, which includes the Tennis Center frontage associated with the FLUM amendment and Rezoning request. The Master Plan specifically addresses the parking lot in front of the Tennis Center and the need for filling in this gap along the Avenue. The parking lot is seldom used to its maximum capacity, except during special events and for a few days dudng the season. While the Center is a positive addition to the City, the 600' expanse of parking along Atlantic Avenue interrupts the urban fabric and is not conducive to a pedestrian friendly environment. This unfriendly environment impacts the physical structure of the Avenue and acts as a barrier between the West Atlantic Neighborhood and the Commercial Core, which reinforces the perceived social barriers. The Master Plan proposes the construction of three liner buildings on this parking lot fronting the Avenue, and the creation of a plaza in front of the existing Tennis Center clubhouse building. However, the CF regulations do not accommodate the mix of commercial and residential uses envisioned for this frontage. Improvements pursuant to the Plan will have a positive influence and will make the pedestrian transition between the two districts more inviting and uninterrupted. In addition to the above, a directive of the Downtown Delray Beach Master Plan was to create design guidelines (LDRs) to guide future development in the downtown area in a manner that will preserve the character of the area. The City has recently adopted the design guidelines which have requirements that relate specifically to the three districts referenced above. The intent is apply one zoning designation (CBD) for the downtown area, which will have the three distinctive sub-areas/districts. The adoption of the design guidelines and the proposed rezoning to CBD are just couple of the many recommendations and strategies called for in the Plan to address goal for unity, while guiding the revitalization and redevelopment of the City's downtown. Future Land Use Element Policy C-1.5: The'following pertains to the Atlantic AVenue Redevelopment Area: This area extends in a corridor along Atlantic Avenue eastward from 1-95 to Swinton Avenue. The present land uses in this area include single family homes, duplexes, mini- parks, commercial uses along Atlantic Avenue and N.W. 5th Avenue, and scattered vacant parcels. The West Atlantic Avenue Redevelopment Plan was adopted by the City Commission on July 11, 1995. The plan establishes Future Land Use Map designations, zonings, Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD-- West Atlantic Avenue Overlay District Page 4 special development standards, and design guidelines for the Redevelopment Area. Future development in the area must be in accordance with the provisions of the redevelopment plan... The plan calls for pedestrian orientation and no parking between structures and the Atlantic Avenue right-of-way, with a preference for parking located to the rear of any structure. While the parking at the tennis center was not specifically referenced within the West Atlantic Avenue Redevelopment Plan, the Plan generated conceptual plans for each block with commercial zoning along the Avenue. These plans were based upon vital, urban design principles including the principle that buildings on the Avenue should be situated adjacent to the public, pedestrian sidewalk, and parking should be placed in the rear. · Consistency -- The requested designation is consistent with the goals, objectives and policies of the most recently adopted Comprehensive Plan. As stated above, the proposal will be consistent with the goals, objectives and policies of the City's Comprehensive Plan as it relates to Future Land Use Element Policies C-1.5 and C-4.2, the adopted Downtown Delray Beach Master Plan, and the adopted West Atlantic Avenue Redevelopment Plan. · Concurrency -- Development at the highest intensity possible under the requested designation can meet the adopted concurrency standards. ~) The proposed FLUM amendment from GC and CF-P to CC and Rezoning from GC and CF to CBD will accommodate development at the same intensity as that which can occur under the current designations. In essence, the change is from one commercial designation to another with the same development potential. Development under either the GC or CBD scenario will accommodate the same intensity of development consistent with the adopted Downtown Delray Beach Master Plan and West Atlantic Avenue Redevelopment Plan. With regard to the tennis center frontage, the CF zoning currently allows similar and even more intense uses than are accommodated within the proposed CBD zoning district. The uses allowed under the CF-P (Community Facilities- Public Buildings) Future Land Use Map designation and the CF zoning district can accommodate large venues that are more regionally-oriented from a traffic perspective (i.e. the Tennis Center Stadium) while the uses allowed in the CBD are typically more locally oriented. City facilities such as water, sewer, and drainage have sufficient capacity to handle development of this area at the potential development intensity allowed under the proposed CC FLUM designation. Similarly, solid waste can be accommodated by existing County facilities. As the majority of the properties are located in the TCEA (Transportation Concurrency Exception Area) and are changing to a land use designation of similar development potential, traffic is not an issue. The Open Space and Recreation Element of the Comprehensive Plan indicates in its :. i) conclusion that "The City will have sufficient recreation facilities at build-out to meet the adopted standards': A park impact fee is collected to offset any impacts that individual projects may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 5 park impact fee of $500.00 per dwelling unit will be collected pdor to issuance of a building permit for each residential unit. School concurrency will be addressed with future proposals for residential development; however no problems are anticipated. Thus, positive findings can be made at this time with regard to concurrency for all services and facilities. · Compatibility - The requested designation will be compatible with the existing and future land uses of the surrounding area. As previously stated, the FLUM amendments and rezonings for these properties generally involve the change in zoning from one commercial zoning designation to another with the same development potential. The proposal does not expand the commercial boundaries from those that currently exist, except with regard to the tennis center frontage, which is within the commercial corridor. Based upon the above, the proposed FLUM amendments and Rezoning to CBD are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. · Compliance -- Development under the requested designation will comply with the provisions and requirements of the Land Development Regulations. All future development within the requested designation shall comply with the provisions and requirements of the Land Development Regulations. Compliance with the Land Development Regulations will be further addressed with review of a conditional use or site plan request as applicable. ...... ~i~----£~,- ~ .... _ ~ -. ...... ,,--: ~ ....... ,, ~_~ ~ ........ , ..,.,..~ REQUIRED FINDINGS (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, written materials submitted by the applicant, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the Future Land Use Map, Concurrency, Comprehensive Plan Consistency, and Compliance with the Land Development Regulations. Future Land Use Map, Concurrency and Comprehensive Plan Consistency were previously discussed under the "Future Land Use Map Amendment Analysis" section of this report. Compliance with the Land Development Regulations with respect to Standards for Rezoning Actions and Rezoning Findings are discussed below. Section 3.2.1 {Basis for Determinin.q Consistency): The performance standards set forth in this Article either reflect a policy from the Comprehensive Plan or a principle of good planning practice. The performance standards set forth in the following Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 6 sections as well as compliance with items specifically listed as required findings in appropriate portions of Section 2.4.5 shall be the basis upon which a finding of overall ~ consistency [Section 3.1.1(C)] is to be made. However, exclusion from this Article shall not be a basis for not allowing consideration of other objectives and policies found in the adopted Comprehensive Plan in the making of a finding of overall consistency. Section 3.2.2 (Standards for Rezoninq Actions): Standards A, B, C and E are not applicable with respect to the rezoning requests. The applicable performance standard of Section 3.2.2 is as follows: (D) That the rezoning shall result in allowing land uses which are deemed compatible with adjacent and nearby land uses both existing and proposed; or that if an incompatibility may occur, that sufficient regulations exist to properly mitigate adverse impacts from the new use. As previously stated, the FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. As discussed under Future Land Use Element Policy A-1.7, the proposed FLUM and zoning designations are compatible with the existing and future land uses of the surrounding area, and a positive finding with respect to compatibility can be made. Also, there are development regulations currently in place to mitigate any potential impacts with adjacent properties. Section 2.4.5{D){5) (Rezonin.q Findinqs): .) Pursuant to Section 2.4.5(D)(5) (Findings), in addition to provisions of Section 3.1.1, the City Commission must make a finding that the rezoning fulfills one of the reasons for which the rezoning change is being sought. These reasons include the following: a. That the zoning had previously been changed, or was originally established, in error; b. That there has been a change in circumstances which make the current zoning inappropriate; c. That the requested zoning is of similar intensity as allowed under the Future Land Use Map and that it is more appropriate for the property based upon circumstances particular to the site and/or neighborhood. The appropriate reasons for the proposed rezonings are "b" and "c': based on the following: The proposed rezonings are required to implement the provisions of the Downtown Delray Beach Master Plan. In order to implement the development scenarios identified in the Plan, rezoning of the subject properties is appropriate as there has been a change in circumstances which make the current zoning inappropriate. The requested zoning is of similar intensity and is more appropriate given the direction identified in the Comprehensive -'~ Plan. : - Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD- West Atlantic Avenue Overlay District Page 7 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on a land development application/request. No formal land development application has been received for the subject property. Any proposed development will need to comply with the Land Development Regulations. Community Redevelopment A_~encv: At its meeting of April 22, 2004, the CRA Board reviewed and recommended approval of the FLUM amendments and rezonings to Central Business Distdct (CBD). Downtown Development Authority At its meeting of April 21, 2004, the DDA reviewed and recommended approval of the FLUM amendments and rezonings to Central Business Distdct (CBD). West Atlantic Redevelopment Coalition At its meeting of April 14, 2004, the WARC reviewed and recommended approval of the FLUM amendments and rezonings to Central Business District (CBD). Courtesy Notices: Special courtesy notices were provided to the following homeowners and civic associations: · Atlantic Park Gardens · Paradise Heights · Chamberof Commerce · PROD (Progressive Residents of Delray) · Delray Merchants Association · President's Council · Ebony of Delray · West Settlers Historic District · Gateway · West Side Heights · Lincoln Park Public Notice: Formal public notice has been provided to the affected property owners as well as property owners within a 500' radius of the subject property. Letters of support and objection, if any, will be presented at the Planning and Zoning Board meeting. The FLUM designations and zoning classifications for the subject properties are being amended pursuant to the adopted Downtown Delray Beach Master Plan. Positive findings can be made with respect to Future Land Use Element Policy A-1.7 of the Comprehensive Plan (FLUM Amendment Findings), LDR Section 3.1.1 (Required Findings), LDR Section 3.2.2 (Standards. for Rezoning Actions), LDR Section 2.4.5(D)(5) (Rezoning Findings), and Planning and zoning Board Staff report FLUM Amendment and Rezoning to CBD-- West Atlantic Avenue Overlay District Page 8 the Goals, Objectives, and Policies of the Comprehensive Plan. Therefore the proposed FLUM amendments and rezonings can be recommended for approval based on the findings outlined in this report. A. Continue with direction. B. Recommen~l to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commemial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. C. Recommend denial of the Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning From GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District) for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW Ist Avenue (100 Block) and NW/SW 12~h Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by finding that the request and approval thereof is inconsistent with the Comprehensive Plan and do not meet criteria set forth in Sections 2.4.5(G)(5) and Chapter 3 of the Land Development Regulations. Recommend to the City Commission approval of Future Land Use Map Amendment from GC (General Commercial) in part and CF-P (Community Facilities-Public Buildings) in part to CC (Commercial Core) and Rezoning from GC (General Commercial) in part and CF (Community Facilities) in part to CBD (Central Business District), for properties generally located on the north and south sides of West Atlantic Avenue between NW/SW 1s' Avenue (100 Block) and NW/SW 12th Avenue (1200 Block) within the West Atlantic Avenue Overlay District, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(D)(5) and Chapter 3 of the Land Development Regulations. Attachments: · Current & Proposed Future Land Use Map .~ · Current & Proposed Zoning Map [IT¥ OF DELRFI¥ BEFI[H TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 DELRAY BEACH Writer's Direct Line: 561/243-7091 JUl.hne4ca City ~993 DATE: October 12, 2004 TO: City Commission David Harden, City Manager ~ ~--~ FROM: Brian Shutt, Assistant City Attorney SUBJECT: Sale of Vacant Land to Gold Coast Homes and Acceptance of Easement Deed Approval of this contract will authorize the sale of an approximately 6' x 73' vacant strip of property to Gold Coast Homes. This property is adjacent to a lot currently being developed by Gold Coast Homes. The property is located off of Jasmine Drive in the Tropic Isle Subdivision. In conjunction with the sale of the property to Gold Coast, Gold Coast shall give the City a utility easement that will allow the City to install a drainage pipe from Jasmine Drive to the canal. Our office requests that these items be placed on the October 19, 2004 City Commission agenda. Please call if you have any questions. Attachment cc: Chevelle Nubin, Acting City Clerk Randal Krejcarek, City Engineer RESOLUTION NO. 76-04 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL TO BUYER CERTAIN REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell certain property located just north of the intersection of Jasmine Drive and Jasmine Court in the Tropic Isle Subdivision; and WHEREAS, the Buyer hereinafter named desires to buy the property hereinafter described from the City of Delray Beach, Florida; and WHEREAS, it is in the best interest of the City of Delray Beach, Florida, to sell said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the City Commission of the City of Delray Beach, Florida, as Seller, hereby agrees to sell to Gold Coast Homes, Inc., for the purchase price of Nine Thousand Six Hundred Fifty and 00/100 cents ($9,650.00), said property being more particular described as follows: Tropic Isle 3rd Section W 6 feet of Lot 426 Section 2. That the terms and conditions contained in the contract for sale and purchase and addenda thereto between the City of Delray Beach, Florida, and the Buyer as hereinabove named are incorporated herein as Exhibit "A". PASSED AND ADOPTED in regular session on the ~ day of ,2004. ATTEST: M A Y O R City Clerk CONTRACT FOR SALE AND PURCHASE CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), and, GOLD COAST HOMES, INC., 2905 S. Federal Highway, Suite C-5, Delray Beach, Florida 33483 ("Buyer"), hereby agree that the Buyer shall purchase the following real property ("Real Property") upon the following terms and conditions: I. DESCRIPTION: See Exhibit "A" II. PURCHASE PRICE ................................ US $9,650.00. llI. TIME FOR ACCEPTANCE; EFFECTIVE DATE: If this offer is not executed by and delivered to all parties OR FACT OF EXECUTION communicated in writing between the parties, any deposit(s) will, at Buyer's option, be returned to Buyer and the offer withdrawn. The date of this Contract ("Effective Date") will be the date when the last one of the Buyer and the Seller has signed this offer. A facsimile copy of this Contract and any signatures thereon shall be considered for all purposes as originals. IV. TITLE EVIDENCE: Prior to closing, Buyer may, at Buyer's expense, obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before November 1, 2004, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title subject to: zoning, restrictions, prohibitions and other requirements imposed by governmental authority; restrictions and matters appearing on the plat or otherwise common to the subdivision; public utility easements of record (easements are to be located contiguous to Real Property lines and not more than 10 feet in width as to the rear or front lines and 7 ½ feet in width as to the side lines, unless otherwise specified herein); taxes for year of closing and subsequent years; assumed mortgages and purchase money mortgages, if any; provided, that there exists at closing no violation of the foregoing and none of them prevents the use of Real Property for residential purpose. VII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. VIII. ASSIGNABILITY: Buyer may not assign Contract. STANDARDS FOR REAL ESTATE TRANSACTIONS nor'. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of fide and to examine same, may have real property surveyed and certified by a registered Florida surveyor. If survey shows encroachment on real property or that improvements located on real property encroach on setback lines, easements, lands of others, or violate any restrictions, agreement covenants or applicable governmental regulation, the same shall constitute a title defect. F. Place of Closing: Closing shall be held in thc county where real property is located, at the office oftbe attorney or other closing agent designated by Buyer. G. Time: Time is of the essence of this agreement. Time periods herein of less than six (6) days shall in the computation exclude Saturdays, Sundays and state or national legal holidays, and any time period provided for herein which shall end on Saturday, Sunday or legal holiday shall extend to 5:00 p.m of the next business day. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments shall be paid by Buyer. Recording warranty deed shall be paid by Buyer. -2- -3- P. Agreement Not Reeordablel Persons Bound; Notice: Neither this agreement nor any notice of it shall be recorded in any public records. This agreement shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. Notice given by or to the attorney for any party shall be as effective as if given by or to that party. Q. Conveyance: Seller shall convey the property by way of Quit Claim Deed. R. Other A~vreement~: No prior or present agreements or representations shall be binding upon Buyer or Seller unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. BUYERS: Gt~D C~ST HOMES, INC. SELLER: CITY OF DELRAY BEACH .,,~ ,/ #,,,.,..""~ // .//)t Jeff Perlman, Mayor ATTEST: (~J ~1 oo~,~a t,d~c~'4r- City Clerk (print or type name) ~'~a-f Ae. , .,-",,~ By: (print or type name) City Attomey -4- Exhibit "A" Tropic Isle 3ra Section W 6 ft. of Lt. 426 -5- Prepared by: RETLrRN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1st Avenue Delray Beach, Florida 33444 EASEMENT DEED · THIS INDENTURE, made this ~ day ~o]/) ~o/~ST- ~i~,,,--~ , with a mailing address of of the first part, and the CITY OF UELRAY BEACH, with a mailing address of 100 N.W. 1 st Avenue, Delray Beach, Florida 33444, a municipal corporation in Palm Beach County, State of Florida, party of the second part: WITNESSETH: That the party of the first part, for and in consideration of the mutual promises herein contained and other good and valuable considerations, does hereby grant, bargain, sell and release unto the party of the second part, its successors and assigns, a fight of way and perpetual easement for the purpose of the construction and maintenance of public utilities with full and free right, liberty, and authority to enter upon and to install, operate, and maintain such utilities well under, across, through and upon, over, under or within the following described property located in Palm Beach County, Florida, to-wit: DESCRIPTION Tropic Isle 3rd Section W. 6.5 fi. of Lt. 426 Concomitant and coextensive with this right is the further right in the party of the second party, its successors and assigns, of ingress and egress over and on that portion of land described above, to effect the purposes of the easement, as expressed hereinafter. That this easement shall be subject only to those easements, restrictions, and reservations of record. That the party of the first part agrees to provide for the release or subordination of any and all mortgages or liens encumbering this easement. The party of the first part also agrees to erect no building or effect any other kind of construction or improvements upon the above- described property (sidewalks, drives, parking areas, and curbing, however are allowable). It is understood that upon completion of such construction, all lands disturbed thereby as a result of such construction performed thereon, will be restored to its original or like condition without expense to the property owner. Party of the first part does hereby fully warrant the title to said land and will defend the same against the lawful claims of all persons whomsoever claimed by, through or under it, that it has good fight and lawful authority to grant the above-described easement and that the same is unencumbered except as provided above. Where the context of this Easement Deed allows or permits, the same shall include the successors or assigns of the parties. IN WITNESS WHEREOF, the parties to this Easement Deed set their hands and seals the day and year first above written. WITNESS #I: PARTY OF THE FIRST PART (name printed or typ~), ' t/~NESS #2:// (name printed or typed) STATE OF COUNTY OF ~e foregoing ins~t w~ ac~owl~ged before me ~s ~~y of ~~~ ,20~y ~e~~ ~g o~ (n~ of omc~r or agent), of ~l~ ~ ~.~,~c. (n~e of co~oration), a ~lo~ (State or place of inco~oration) co~oration, on behalf of ~e co~oration. He/Ek.: ~s psrsena!!y~e or h~ produced ~~ ofNot~ Publi~ - stat~ (SEAL) Is,'~,~,'%_ JoannaM. Weavar I I~-'~,\ o. Commission # DD285035 I !% ~ ~Febm~ 6, 2~ I 2 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER ~'/t/! SUBJECT: AGENDA ITEM # ~(~ .'~ - REGULAR MEETING OF OCTOBER 19. 2004 ORDINANCE NO. 58-04 DATE: OCTOBER 15, 2004 This ordinance is before Commission for second reading and second public hearing to amend Land Development Regulations (LDR) Appendix "A .... Definitions", to provide a definition of "Adult Gaming Center", "Coin-Operated Amusement Devices", and "Slot Machines" and enacting a new Subsection 4.3.3(AAA) "Adult Gaming Centers" and clarifying that adult gaming centers are conditional uses in the General Commercial (GC) and Phnned Commercial (PC) Zoning Districts. The intent of this ordinance is to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statues, (Gambling). The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The proposed amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not permit the use within a designated redevelopment area. This ordinance does not regulate "Adult Arcades", which are considered adult entertainment establishments which are separately regulated under the City's ordinance. The Planning and Zoning Board held a public hearing regarding this item. There was no public testimony. After reviewing this amendment, the Board voted 4-0 to recommend to the City Commission approval of the proposed amendment, based upon positive findings with respect to LDR Section 2.4.50V0 (Amendment to Land Development Regulations). At the first reading on October 5, 2004, the City Commission passed the Ordinance No. 58-04. Recommend approval of Ordinance No. 58-04 on second and final reading. S:\City Clerk\agenda memos\Ord.58.04.10.19.04 :CITY COMMISSION: DOCUMENTATION THRU: PAUL DORLING,~I~~G cos. o, SUBJECT: MEETING OF OCTOBER 5, 2004 CI~ INITIATED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES" AND ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", AND CLARIFYING THAT ADULT GAMING CENTERS ARE CONDITIONAL USES IN THE GENERALCOMMERCIAL (GC) AND PLANNED COMMERCIAL (PC) ZONING DISTRICTS. On December 15, 2003, the Planning and Zoning Board considered a conditional use request to establish an adult arcade amusement center within 4,200 square feet (three bays) of the shopping center at the southeast corner of Milita~ Trail and Linton Boulevard (Boca Ray Plaza). During the analysis of that request the issue of whether this type of use would be considered gambling or not was discussed. The applicant's accompanying narrative affempted to explain how the coin operated amusement facility met the definition of "Arcade Amusement Cente~' as described in Florida State Statute 846.161. Pursuant to Florida Statute 846.161, an Arcade Amusement Center is business that contains machines that operate by means of the insedion of a coin and which by application of skill may entitle the person playing or operating the game or machine to receive points or coupons which may be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played.' The "STOP" buttons described in the applicant's narrative are construed to be the skill, wherein, the operator decides when to stop icons on a screen. The statutes relating to prohibition of gambling are not applicable to facilities that meet this definition. Given the current regulations the City Commission approved the Spinners Arcade request at their meeting of danua~ 6, 2004. At that time, similar operations in the State of Florida, mom notably in the County of Sarasota were being reviewed by the couAs to determine whether they met the definition of Arcade Amusement Facility and are therefore exempt from Florida's prohibition on gambling. Given the legal review of this type of use, a four month moratorium, pursuant to Florida Statute 166.021, was established to allow adequate time for the couAs to render their decision. At its meeting of March 11, 2004, the City Commission approved an ordinance (Ord. No. 13-04) establishing a four month moratorium for Adult Arcade Establishments to enable staff to study the impacts of the use and develop criteria to establish the use. On May 12, 2004, according to State v. Cyphers, 2004 WL 1057797 (Fla. 2nd DCA 2004) (appealed from a decision of the Circuit Cou~ of Sarasota County), the Second District Cou~ of Appeals held that the gambling exemptions of ~849.161(1)(a)(1), Fla. Stat. am valid exceptions to the gambling prohibitions of ~849.01 and 849.15, Fla. Stat. On July 20, 2004, the City Commission approved an ordinance (Ord. No. 37-04) extending the moratorium for 90 days (O~ober 20, 2004) to complete the LDR amendments. The intent of this ordinance is to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but am operated in accordance with Chapter 849, Florida Statutes, City Commission Documentation LDR Amendment - Adult Gaming Centers Page 2 (Gambling). The regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification of General Commercial (GC) and Planned Commercial (PC), and establishes criteria to ensure reduction in any secondary effects that would have a negative impact on the general public as well as the area surrounding the use. The proposed amendment does not permit adult gaming centers within 1,000 feet of an existing adult gaming center and does not permit the use within a designated redevelopment area. This Ordinance does not regulate "adult arcades", which are considered adult entertainment establishments which are separately regulated under the City's ordinance. Pursuant to LDR Section 2.4.5(M)(5), approval of an LDR amendment must be based upon a finding that the amendment is consistent with and furthers the Goals, Objectives, and Policies of the Comprehensive Plan. This amendment is being initiated to provide clarification and regulations regarding adult gaming centers, which are consistent with Florida Statutes. While the amendment does not fulfill a specific Goal, Objectives, and Policies of the Comprehensive Plan, it is not inconsistent with them. PLANNING:AND ZONING BOARD cONSIDERATION ...... At its meeting of September 27, 2004, the Planning and Zoning Board held a public hearing regarding the amendment. There was no public testimony regarding the proposed changes. After discussing the amendment, the Board voted 4-0 (Borchardt, Morris & Walker absent) to recommend to the City Commission approval of the proposed amendment, based upon positive findings with LDR Section 2.4.5(M). : :: :: :: ::::: :: RECOMMEN~i!ACTION; : : By motion, approve on first reading the ordinance amending Land Development Regulations Appendix "A", enacting a new Subsection 4.3.3(AAA), "Adult Gaming Centers", and clarifying that Adult Gaming Centers are Conditional Uses in the General Commercial (GC) and Planned Commercial (PC) zoning districts, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(M) of the Land Development Regulations, and set a public hearing date of October 19, 2004. Attachment: Proposed Ordinance ORDINANCE NO. 58-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING THE CITY'S LAND DEVELOPMENT REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING APPENDIX "A" TO PROVIDE A DEFINITION OF "ADULT GAMING CENTER", "COIN-OPERATED AMUSEMENT DEVICES" AND "SLOT MACHINES", BY AMENDING ARTICLE 4.3, "DISTRICT REGULATIONS, GENERAL PROVISIONS", SECTION 4.3.3 "SPECIAL REQUIREMENTS FOR SPECIFIC USES"; BY ENACTING A NEW SUBSECTION 4.3.3(AAA), "ADULT GAMING CENTERS", IN ORDER TO PROVIDE FOR REGULATION AND ZONING OF SUCH FACILITIES; AMENDING SECTION 4.4.9, "GENERAL COMMERCIAL (GC) DISTRICT", AND SECTION 4.4.12, "PLANNED COMMERCIAL (PC) DISTRICT" TO INCLUDE ADULT GAMING CENTERS AMONG THE CONDITIONAL USES ALLOWED IN BOTH THE GC AND PC ZONING DISTRICTS; ENACTING SECTION 113.03, "PROHIBITION OF CONSUMPTION, POSSESSION, OR SALE OF ALCOHOLIC BEVERAGES", PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, has determined that game rooms or enterprises offering coin-operated amusements also known as adult gaming centers require locational standards and additional regulations and requirements to ensure and protect the public health, safety, morals and welfare; and WHEREAS, it is the intent of this ordinance to regulate gaming centers that oftentimes mimic the look and atmosphere of gambling venues, but are operated in accordance with Chapter 849, Florida Statutes, (Gambling); and WHEREAS, the regulation of these venues ensures that they are permitted as a conditional use in the appropriate compatible zoning classification within the City of Delray Beach and that appropriate police powers are established and applied to ensure reduction in any secondary effects and to advance the public policy of protecting children; and WHEREAS, it is not the intent of this Ordinance to purport to permit any act or activities prohibited by the provisions of State law including, but not limited to, the provisions of Chapter 849, Fla .Stat. Moreover, it is not the intent to expand, in any way, the provisions of Section 849.161. Fla. Stat.; and WHEREAS, this Ordinance does not regulate "adult arcades", which are considered adult entertainment establishments which are separately regulated under the City's ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That Appendix "A" of the Land Development Regulations of the City of Delray Beach, Florida, be amended as follows: ~4dult Gaming Center means any place or premises catering to persons 18 and over that mimic the look and feel of gambling venues where there are more than six (6) amusement ~mes or machines which operate by the means of the insertion of a coin and which by means of skill may entitle the person playing or operating the game or machine to receive points or coupons which m ay be exchanged for merchandise only, excluding cash and alcoholic beverages, provided the cost value of the merchandise or prize awarded in exchange for such points or coupons does not exceed 75 cents on any game played are available to the public. The presence of games or gaming devices that are similar to, or in the nature of slot machines, shall result in a rebuttable presumption that the business at which such machines are located is an adult gaming center. Amusement Game Fadlities means any place or premises not considered an adult gaming center, which caters to families and children and where there are games such as pinball, air hockey, electronic games, and other similar coin operated games and the premises does not meet the definition of an Adult Gaming Center. Coin-OperatedAmusement Device means an amusement machine, device, or instrument operated by means of the insertion of a coin, bill, currency, credit card, debit card, token or slug for use as a game, contest of skill or amusement of any description operated in accordance with 849.161, Fla. Stat. This definition is not intended to and does not include merchandise vending machines or coin-operated mechanical or electrical instruments or devices. Slot Machine means a coin-operated amusement device allowable pursuant to law that pays off according to the matching of symbols on wheels spun by a handle or by a push button. Section 2. That Article 4.3, "District Regulations, General Provisions", of the Land Development Regulations of the City of Delray Beach, Florida, Section 4.3.3, "Special Requirements 2 ORD NO. 58-04 for Specific Uses", Subsection 4.3.3(AAA), "Adult Gaming Centers" is hereby enacted to read as follows: (AAA) Adult Gaminff_ Centers: Purpose: It is the intent of this section to regulate adult gaming centers that mimic the look and feel of gambling venues but are operated in accordance with Florida State Statute Chapter 849 (Gambling). Regulation of these venues ensures that they are permitted as conditional uses in the appropriate compatible designation within the City and that appropriate police powers are established to ensure reduction of any secondaD' effects. This section does not purport to regulate adult arcades which are addressed in Section 4.3.3(AA) of the City's Land Development Regulations entitled "Adult Entertainment Establishments" and Section 113.20 of the City's Code of Ordinances, nor Amusement Game Facilities as defined herein. (1) Development Standards for Adult Gaming Centers. (a) No Adult Gaming Center shall be located within one thousand (1,000) feet of or in the same block as, whichever distance is ~eater, an existing adult ~ming center, measured from lot line to lot line in a straight line. (b) Location. No Adult Gaming Center shall be located within an historic district, on an historic site, on properties listed on the Local or National Register of Historic Places or in any Redevelopment Area. (c) Adult Gaming Center Requirements. 1. An attendant must be provided on the premises during all hours of operation. 2. The hours of operation shall be limited to 9:00 a.m. to 11:00 p.m., 7 days a week. 3. No one under 18 years of age shall be allowed in the Adult Gaming Center. 4. The consumption and/or possession of alcohol shall be prohibited on the premises. 5. The license for each machine shall be attached thereto. 6. The use of gift certificates, gift cards, credit cards or other cash substitutes shall be prohibited. 3 ORD NO. 58-04 7. Prizes shall be limited to $.75 retail value per game played. 8. Any machine on the premises of the enterprise or business shall not violate the State's laws against slot machines and shall be in full compliance with Section 849.16, Florida Statutes. 9. The enterprise or business shall permit unlimited access to law/code enforcement officials to enter the premises and inspect any machine at any time to ensure that the provisions of this Ordinance are in compliance. (2) Conditional Use Criteria. (a) Application. No person shall operate or conduct an adult gaming center for use by the general public in the City for the reward of prizes without first applying for a conditional use and stating in the application, at a minimum, the following: 1. The name under which the enterprise or business is to be conducted; 2. The location at which the enterprise or business is to be carried on; 3. The name, address and principal occupation of every person with an interest in the enterprise or business; 4. The number of machines to be exhibited; 5. The manufacturer, serial numbers, name of each machine, name of actual owner of each machine with address and phone numbers; and 6. Whether the applicant has ever been end, aged in operating a g~ammg center, of whatsoever type or nature, and when, where and how long in each place within five (5) years preceding the date of application. 7. A conditional use shall not be approved if a person with an interest in the adult gaming center, or an employee of the adult gaming center, has been convicted of a violation of a Federal or State statute or any local ordinance pertaining to gambling or any other crime invol-dng moral turpitude. 8. The applicant shall be eighteen (18) years of age or more and provide proof thereof. 4 ORD NO. 58-04 (b) Inspection. As a prerequisite to the continuation of the ~anting of a conditional use within 6 months and periodically thereafter during the operation of the adult gaming center, the Chief Building Official, or designee, the Cit3~ Fire Inspector or designee and the De[ray Beach Police Department shall have the right to inspect the premises certifying that the adult gaming establishment is operating in accordance with the requirements of law and this ordinance. (c) Registration. Upon approval of a conditional use, registration for each coin operated amusement gaming device, however operated, shall be required. For each machine registered, a numbered metal tag or plastic decal shall be issued to the applicant for each machine so covered. Application for machine registration stickers must disclose the location where the machine is to be operated, the manufacturer of the machine, the manufacturer's serial number, and the software version, if any. Re~stration stickers are not transferable from person to person, place to place, or machine to machine. No machine will be eligible for a registration sticker if its operation involves any material elements of chance, unless: 1. The applicant submits with the application, satisfactory proof that the applicant has registered with the United States Department of Justice pursuant to 15 United States Code 1171, and 2. The applicant submits with the application, the records required under Federal law to be maintained by those who register under 15 United States Code 1171, and certifies the machine bears the permanent marking required by Federal law. 3. The applicant shall keep the registered machines, the records of acquisition, location and disposition required by Federal law, and records of prize awards open to law/code enforcement inspection at any time. (.3) Peace Disturbances; Gambling; Intoxicated Persons; Minors. No licensee or owner of any adult gaming center, or any setwant, agent or employee of such a licensee or owner, shall permit upon the premises housing a mechanical amusement devise any of the following: (3) Disorderly persons: (b) Gambling, or the use. possession or presence of gambling paraphernalia; (c) Intoxicated persons to loiter on the premises; 5 ORD NO. 58-04 (d) Loud noise or music to emerge from the licensed premises, which noise or music is disturbing to the surrounding area; and (e) Any licensee or owner, or any servant, agent or employee thereof, shall be presumptively deemed to have permitted the conduct enumerated in this Section if it occurs on the premises housing an adult gaming center. (4) Penahy: Section 10.99, "General Penalty" of the Code of Ordinances of the Cit'5.' of Delray Beach shall apply, but shall not be the exclusive penalty for x4olations of this section, which may include but not be limited to a finding that the conditional use is null and void if any adult gaming center is found to be in violation of Chapter 849, Fla. Stat. or this ordinance or conditions of approval. Section 3. That Section 4.4.9, "General Commercial (GC) District", Subsection (12)), "Conditional Uses and Structures Allowed", be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following are allowed as conditional uses within the GC District, except as modified in the West Atlantic Avenue Overlay District by Section 4.4.9(G)(1) and the North Federal Highway Overlay District by Section 4.4.9(G)(2). (1) Residential Alcohol and Drug Abuse Treatment Facilities, subject to restrictions set forth in Section 4.3.3(D). Amusement game facilities....L~..':--:*-a .~, aueh uaca aa ~, ..... , ....... ~, (3) Wash establishments or facilities for vehicles. (4) Child Cate and Adult Day Care. (5) Clubs and Lodges; social, fraternal, and recreational. (6) Drive-in Theaters. (7) Flea Markets, bazaars, merchandise marts, and similar retail uses. (8) Funeral Homes. (9) Gasoline 'Stations or the dispensing of gasoline directly into vehicles. (10) Hotels and Motels. 6 O1LD NO. 58-04 (11) Free-standing multiple-family housing subject to the requirements of the RM District except for setback and height requirements which shall be pursuant to this Section. (12) Recreational establishments such as bowling alleys, gymnasiums, health spas, miniature golf courses, skating rinks. (13) Sales and service of All Terrain Vehicles and personal watercraft (waverunners, jet skis), with no outside display, outside storage or outside service. (14) Vehicle care limited to the changing of oil and filters, and lubrication with no mechanical work or outside storage of vehicles except as a part of a gasoline station. (15) Veterinary Clinics. (16) Group Home, Type 2 and Community Residential Homes, pursuant to restrictions set forth in Section 4.3.3(1). (17) Adult Gaming Centers. Section 4. That Section 4.4.12, "Planned Commercial ('PC) District", Subsection (D), "Conditional Uses and Structures Allowed", be amended to read as follows: (D) Conditional Uses and Structures Allowed: The following uses are allowed as conditional uses within the PC District except as modified in the Lindell/Federal (Redevelopment Area #6) Overlay District by Section 4.4.12(G): (1) All uses allowed as such within the GC District. (2) Playhouses, Dinner Theaters, and places of assembly for commercial entertainment purposes. (3) Private schools and other similar educational facilities, subject to Section 4.3.3(HHH). (4) Adult Gaming Centers. Section 5. That Section 113.03, "Prohibition of Consumption, Possession or Sale of Alcoholic Beverages" be enacted to read as follows: 7 ORD NO. 58-04 Section 113.03 PROHIBITION OF CONSUMPTION, POSSESSION OR SALE OF ALCOHOLIC BEVERAGES. (A) Within this City, it shall be unlawful for any person to consume, possess or sell alcoholic beverages at any Adult Gaming Center pursuant to [849.161, Fla. Stat. and Section 4.3.3(AAA) of the City's Land Development Regulations. Section 6. 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 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this ~ day of ., 2004. MAYOR ATTEST: ACTING CITY CLERK First Reading Second Reading 8 ORE) NO. 58-04 TO: . ~.. C.I.TY~IA~G~. : DAVID T HARD~..ClTY G THRU: PAUL DORLING, DIRECTOR OF PL,~INING AND ZONING FROM: ROBERT G. TEFFT, SENIOR PLANN(/ ER '~'~~..~~ SUBJECT: MEETING OF OCTOBER 19, 2004 PRIVATELY SPONSORED REZONING FROM SINGLE-FAMILY RESIDENTIAL (R-l-A) AND COMMUNITY FACILITIES (CF) TO MEDIUM DENSITY RESIDENTIAL (RM) FOR THE PROPERTIES LOCATED AT THE SOUTHWEST CORNER OF SWINTON AVENUE AND SW 10TM STREET. The subject properties total approximately 8.96 acres and include several platted and unplatted parcels located at the southwest corner of Swinton Avenue and SW 10th Street. The properties are presently zoned either R-1-A or CF with an underlying compatible FLUM designation of LD. At its meeting of May 17, 2004, the Planning and Zoning Board held a public hearing in conjunction with a related Future Land Use Map (FLUM) amendment from Low Density Residential (LD) to Medium Density Residential (MD) and a rezoning request from R-1-A and CF to RM-10 for the subject property. The Board voted 3-1 to recommend that the requests be denied based upon inconsistencies with Future Land Use Element Objective A-l, Future Land Use Element Policies A-1.7 and C-1.7, and Housing Element Policy A-12.3 of the Comprehensive Plan as well as not meeting the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. The City Commission, at its meeting of June 8, 2004, approved on first reading the aforementioned FLUM amendment and rezoning. The approval was to facilitate transmittal of the amendment to the Department of Community Affairs (DCA) with direction that the applicant address concerns related to the density and affordable housing with staff before the amendment returned from the State. The applicant has been working with staff to meet the requirements of the Southwest Area Neighborhood Redevelopment Plan (provision of affordable housing) and has modified their rezoning application from RM-10 to RM - a change in the proposed maximum allowable density from ten (10) dwelling units per acre to twelve (12) dwelling units per acre. Accompanying the rezoning request was a commitment to build at least 20% of the units as workforce housing units. The commitment, proposed by means of a Restrictive Covenant Agreement, further entailed placing a ten (10) year restriction on the resale of workforce housing units; and assessing a penalty of 50% on the profits made from an early sale. The proposed rezoning was scheduled to be heard by the Planning and Zoning Board at its meeting of September 27, 2004; however the item was continued until the Board's meeting of October 18, 2004, in order to give the applicant additional time to address concerns with the Restrictive Covenant Agreement associated with the rezoning. The City Attorney continues to have concerns with the Restrictive Covenant Agreement and recommends that issues relating to workforce housing be adopted by Ordinance rather than individual agreements. Given this concern it may be appropriate to continue this request pending adoption of this "Workforce Housing Ordinance." The Planning and Zoning Board will consider this item at its meeting of Oataber 18, 2004. The recommendation of the Board will be presented to the City Oommissian at their meeting of October lg, 2004. City Commission Documentation Meeting of October 19, 2004 Privately Sponsored Rezoning for The Cottages at Banyan Village Page 2 A. Move a recommendation of denial to the City Commission for the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan, specifically Future Land Use Element Objective A-l, Future Land Use Element Policy A-1.7 and C-1.7, and Housing Element Policy A-12.3, and does not meet the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. B. Move a recommendation of approval to the City Commission for the privately sponsored request for a rezoning from R-1-A and CF to RM for the subject property, by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Sections 2.4.5(D) (5), 3.1.1 and 3.2.2 of the Land Development Regulations. C. Continue with direction. Continue with direction. Attachments: Planning and Zoning Board Staff Report of October 18, 2004, and Ordinance by Others ORDINANCE NO. 60-04 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING LAND PRESENTLY ZONED R-1-A (SINGLE FAMILY RESIDENTIAL) DISTRICT AND CF (COMMUNITY FACILITIES) DISTRICT TO RM (MEDIUM DENSITY RESIDENTIAL) DISTRICT; SAID LAND BEING A PARCEL OF LAND LOCATED AT THE SOUTHWEST CORNER OF SW l0TM STREET AND SOUTH SWINTON AVENUE, AS MORE PARTICULARLY DESCRIBED HEREIN; AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, JULY 2004"; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the property hereinafter described is shown on the Zoning District Map of the City of Delray Beach, Florida, July 2004 as being zoned R- 1-A (Single Family Residential) in part and CF (Community Facilities) District in part; and WHEREAS, at its meeting of October 18, 2004, the Planning and Zoning Board for the City of Delray Beach, as Local Planning Agency, considered this item at a public hearing and voted .. to .. to recommend .......... of the rezoning of the property hereinafter described, based upon a failure to make positive findings; and WHEREAS, it is appropriate that the Zoning District Map of the City of Delray Beach, Florida, be amended to reflect the revised zoning classification. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Zoning District Map of the City of Delray Beach, Florida, be, and the same is hereby amended to reflect a zoning classification of RM (Medium Density Residential) District for the following described property: The West 175 feet of the North 120.9 feet of the East half (E 1/2) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof, on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right of-way of SW l0th Street and also less the West 10 feet thereof. Together With The East 188.74 feet of the North Quarter (N ¼ ) of the East half (E ½) of Lot 13, Section 20, Township 46 South Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 40 feet thereof for right-of-way of Southwest 10th Street and also less the East 33 feet thereof for right-of-way of South Swinton Avenue. Together With The West 194.74 feet of the East 487.74 feet of the North half (N ½) of the Northeast quarter (NE ¼) of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 less the North 120.9 feet thereof. Together With The South half (S ½) of the North half (N ½) of the East half of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the West 10 feet thereof and also less therefrom that portion conveyed to the City of Delray Beach in Official Record Book 1659, Page 929 for right-of-way of South Swinton Avenue. Together With The West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ½) of Lot 13, Section 20, Township 46 South, Range 43 East, less the East 15 feet of the South 85 feet thereof, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1 Page 4 and also less the North 40 feet thereof for fight-of-way of SW 10th Street. Together With The West 100 feet of the East 387.74 feet of the North 120.9 feet of the East half of Lot 13, of the Subdivision of Section 20, Township 46 South, Range 43 East in Palm Beach County, Florida, in Plat Book 1, Page 4, Public Records of Palm Beach County, Florida, less the North 35 feet thereof. 2 ORD NO. 60-04 Together With The West 100 feet of the East 487.74 feet of the North 120.9 feet of Lot 13, Section 20, Township 46 South, Range 43 East according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 35 feet thereof for right-of-way SW l0th Street. Together With Lots 1 through 23, inclusive, Plat No 3, Southridge Subdivision of the City of Delray Beach, Florida, as per Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County Florida, recorded in Plat Book 24, Page 24, as well as that parcel or quantity of land abandoned by the City of Delray Beach, Florida, on March 7 1960, which quantity of land comprises of the 50 foot right-of-way on SW l0th Court, less that portion of the subject property included in the widened right-of-way of South Swinton Avenue, as described by deed recorded in Official Records Book 1659, Page 937, Public Records of Palm Beach County, Florida. Together With The East 15 feet of the South 85 feet of the West 99 feet of the East 287.74 feet of the North quarter (N ¼) of the East half (E ½) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court an and for Palm Beach County, Florida, in Plat Book 3, Page 4. Together With The West 194.74 feet of the East 487.74 feet of the North one-half (N ½ ) of the Northeast quarter (NE ¼) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the North 120.9 feet thereof. Together With The North quarter (N ¼) of the East half (E ½) of Lot 13, Section 20, Township 46 South, Range 43 East, according to the plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 1, Page 4, less the East 287.74 feet and less the North 120.9 feet thereof and also the West 10 feet thereof. 3 ORD NO. 60-04 Section 2. That the Planning and Zoning Director of the said City shall, upon the effective date of this ordinance, amend the Zoning Map of the City of Delray Beach, Florida, to conform with the provisions of Section 1 hereofi Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 5. That this ordinance shall become effective immediately upon the effective date of Ordinance 29-04, under which official land use designation of MD (Medium Density Residential 5- 12 du/ac) is affixed to the subject parcel hereinabove described. PASSED AND ADOPTED in regular session on second and final reading on this the __ day of ,200__. ATTEST M A Y O R City Clerk First Reading Second Reading 4 ORD NO. 60-04