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12-11-12 Regular MeetingCity of Delray Beach Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Tuesday, December 11, 2012 1. PUBLIC COMMENT: The public is encouraged to offer comments with the order Regular of presentation being as follows: City Staff, public comments, Commission discussion Meeting 6:00 and official action. City Commission meetings are business meetings and the right to p.m. limit discussion rests with the Commission. Generally, remarks by an individual will Public be limited to three minutes or less. The Mayor or presiding officer has discretion to Hearings 7:00 adjust the amount of time allocated. p.m. Delray Beach City Hall A. Public Hearings: Any citizen is entitled to speak on items under this section. B. Comments and Inquiries on Non -Agenda Items from the Public: Any citizen is entitled to be heard concerning any matter within the scope of jurisdiction of the Commission under this section. The Commission may withhold comment or direct the City Manager to take action on requests or comments. C. Regular Agenda and First Reading Items: Public input on agendaed items, other than those that are specifically set for a formal public hearing, shall be allowed when agreed by consensus of the City Commission. 2. SIGN IN SHEET: Prior to the start of the Commission Meeting, individuals wishing to address public hearing or non-agendaed items should sign in on the sheet located on the right side of the dais. If you are not able to do so prior to the start of the meeting, you may still address the Commission on an appropriate item. The primary purpose of the sign -in sheet is to assist staff with record keeping. Therefore, when you come up to the podium to speak, please complete the sign -in sheet if you have not already done so. 3. ADDRESSING THE COMMISSION: At the appropriate time, please step up to the podium and state your name and address for the record. All comments must be addressed to the Commission as a body and not to individuals. Any person making impertinent or slanderous remarks or who becomes boisterous while addressing the Commission shall be barred by the presiding officer from speaking further, unless permission to continue or again address the Commission is granted by a majority vote of the Commission members present. APPELLATE PROCEDURES Please be advised that if a person decides to appeal any decision made by the City Commission with respect to any matter considered at this meeting, such person will need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The City neither provides nor prepares such record. 100 N.W. 1st Avenue Delray Beach, FL 33444 Phone: (561) 243-7000 Fax: (561) 243-3774 The City will furnish auxiliary aids and services to afford an individual with a disability an opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the City. Contact Doug Smith at 243-7010, 24 hours prior to the event in order for the City to accommondate your request. Adaptive listening devices are available for meetings in the Commission Chambers. REGULAR MEETING AGENDA ROLL CALL 2. INVOCATION 3. PLEDGE OF ALLEGIANCE TO THE FLAG A. NONE 4. AGENDA APPROVAL 5. APPROVAL OF MINUTES: A. NONE 6. PROCLAMATIONS: A. NONE 7. PRESENTATIONS: A. RESOLUTION NO. 57-12: Approve Resolution No. 57-12 recognizing and commending Timothy Simmons for 30 years of dedicated service to the City of Delray Beach. B. Presentation by Sister Cities' Student Ambassadors: Spencer Anderson, Emma Arrieta, Alex Brandt, Mika Durante, Izaak Lakhik, Phoebe Weiner and Danielle Zaros (ADDENDUM) C. Presentation by Coastal Planning & Engineering on Beach Renourishment (ADDENDUM) CONSENT AGENDA: City Manager Recommends Approval A. FINAL SUBDIVISION PLAT APPROVAL/SPODAK DENTAL OFFICE: Approve a final subdivision plat for Spodak Dental Office, a new office development located on the north side of West Atlantic Avenue, west of Homewood Boulevard. B. FINAL SUBDIVISION PLAT APPROVAL/MIDTOWN DELRAY REPLAT 1: Approve a final subdivision plat for a new townhouse development being re -platted as Midtown Delray Re -Plat 1, located south of Linton Boulevard, near Military Trail, between Park Access Road and Orchard Lane. C. CONSULTING SERVICE AUTHORIZATION NO. 12-02/KIMLEY HORN AND ASSOCIATES, INC.: Approve Consulting Service Authorization No. 12-02 with Kimley Horn and Associates, Inc. in the amount of $98,271.36 for post design services for the Federal Highway Enhancements Project; contingent upon approval of the Interlocal Agreement between the City of Delray Beach and the Delray Beach Community Redevelopment Agency (CRA) for the US 1 Corridor Improvement Project. Funding is available from 334-3162-541-68.52 (General Construction Fund: Capital Outlay/Buildings), D. MULTI-PARTY AGREEMENT: CITY OF DELRAY BEACH/COMMUNITY REDEVELOPMENT AGENCY (CRA)/DELRAY BEACH PRESERVATION TRUST: Approve a Multi -Party Agreement between the City of Delray Beach, the Community Redevelopment Agency (CRA) and the Delray Beach Preservation Trust for the Neighborhood Sign Program. E. RESOLUTION NO. 60-12: Approve Resolution No. 60-12 to name the north -south public alley located east of N.E. 314Avenue, between N.E. 3rd Street and N.E. 4th Street "Artists Alley". F. AMENDMENT NO. 2 TO THE CONTRACT FOR SALE AND PURCHASE: 2707 S.W. 2ND STREET: Approve Amendment No. 2 to the Contract for Sale and Purchase between the City and Santiago Gutierrez to extend the closing date to January 15, 2013 for the sale of Neighborhood Stabilization Program (NSP) propertX located at 2707 S.W. 211d Street. G. LANDSCAPE MAINTENANCE AGREEMENT/101 S.E. 2ND AVENUE: Approve a Landscape Maintenance Agreement with Susan Wieland for tree replacement within the right-of-way at 101 S.E. 211d Avenue. H. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 614 S.W. 61H-- AVENUE: Approve a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the property located at 614 S.W. 6th Avenue. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 530 N.W. 481H-- AVENUE: _Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean L. Nelan for the property located at 530 N.W. 48th Avenue. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3740 LANCEWOOD PLACE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Lana Ritz for the property located at 3740 Lancewood Place sold for single-family homeownership. K. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 1505 S.W. 3RD COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 1505 S.W. 3rd Court. L. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 1212-1214 SW 2ND STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 1212-1214 S.W. 211-d Avenue. M. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 616 S.W. 9TH STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 616 S.W. 91h- Street. N. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTION DELRAY HOUSING GROUP, INC./ 518 S.W. 91H COURT: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Delray Housing Group, Inc. for the donated property located at 518 S.W. 91h- Court. O. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3619 AVENUE MONTRESSOR: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Heubreux Destinvil for a property that will be sold for single-family homeownership located at 3619 Avenue Montressor. P. FY 2013 PROPOSED PERFORMANCE MEASURES/ GOLF COURSES AND TENNIS FACILITIES: Approve proposed performance measures for FY 2013 for the Municipal Golf Course, Lakeview Golf Course, and Tennis Facilities. Q. SPECIAL EVENT REQUEST/ SAVOR THE AVENUE: Approve and endorse Savor the Avenue, sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development Authority, to be held on March 28, 2013 from 5:30 p.m. to 8:30 p.m.; to grant a temporarypermit per LDR Section 2.4.6(F) for closure and use of Atlantic Avenue from Swinton to the west side of N.E./S.E. 5th Avenue from 2 p.m. until 10:00 p.m., and to authorize staff support for securitL barricading, use of a City owned portable generator and banner hanging with banners to be hung no sooner than 14 days prior to the event; contingent upon receipt of a certificate of event and alcohol liability insurance and an executed Hold Harmless Agreement by March 7, 2013. The event sponsor is responsible for an estimated total cost of $4.323.00. R. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept the actions and decisions made by the Land Development Boards for the period December 3, 2012 through December 7, 2012. S. AWARD OF BIDS AND CONTRACTS: 1. Bid award to Coastal Contracting & Development, Inc. the lowest rewonsive bidder, in the amount of $92,510.00 for renovations to the Utility Billing Division. FundinLy is available from 442-5178-536-62.10 (Water & Sewer Renewal & Replacement Fund: Buildings). 2. Bid award to Sealand Contractors in the amount of $12.486.967.77 for the Federal Highway Beautification Project; contingent upon approval of an Interlocal Agreement between the City and the Community Redevelopment Agency for the US 1 Corridor Improvement Project and bid concurrence from the Florida Department of Transportation (FDOT). Funding is available from 442-5178-536-68.52 (Water & Sewer Renewal & Replacement Fund: Improvements Other/Federal Highway Beautification), 448-5461-538-68.52 (Storm Water Utility Fund: Other Improvement/Federal Highway Beautification), 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification) and 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). 3. Purchase award to HD Supply Waterworks, LTD in the amount of $55,233.00 for the purchase of 19 Hydroguard (Model HG -10) automatic water line flushing units. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/Equipment/ Other Machinery/ Equipment). COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS FROM THE PUBLIC - IMMEDIATELY FOLLOWING CONSENT AGENDA: A. City Manager's response to prior public comments and inquiries. B. From the Public. 10. REGULAR AGENDA: A. WAIVER REQUEST/ HYATT PLACE: Consider approval of a waiver request from Land Development Regulations (LDR) which limits the length of time that a stand-alone bar may reserve a site for the Hyatt Place hotel, located at 104 Pineapple Grove Wal. (Quasi -Judicial Hearing] B. CONDITIONAL USE REOUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider a conditional use request to allow a density in excess of 30 units per acre (62.2 du/ac proposed) for SOFA Building #1, located on the east side of S.E. 3rd Avenue, between S.E. 1St Street and S.E. 211—d Street in conjunction with the construction of 117 residential units within a 4 -story structure. /OuasiJudicial Hearin 1. WAIVER REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #1: Consider a request for waiver to Land Development Regulations (LDR) Section 4.7.9(I), "Family Workforce Housing", to allow an increase in the percentage of one bedroom units in the project to exceed the 30% maximum allowed (56.41% proposed) for SOFA Building #1, located on the east side of S.E. 3rd Avenue, between S.E. 1st Street and S.E. 211—d Street. (Quasi -Judicial Hearin C. CONDITIONAL USE REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider approval of a conditional use request to Land Development Regulations (LDR) Section 4.4.13(I), "Performance Standards", to allow a density in excess of 30 units per acre (64.7 du/ac proposed) for SOFA Building #2, located on the west side of S.E. 211d Avenue, between S.E. 1St Street and S.E. 211d Street in conjunction with the construction of 55 residential units within a 4 -story structure. (Quasi -Judicial Hearingi 1. WAIVER REQUEST/SOUTH OF ATLANTIC (SOFA) BUILDING #2: Consider a waiver request to Land Development Regulations ,LDR) Section 4.7.9 (i), "Family Workforce Housing", to allow an increase in the percentage of one bedroom units over the maximum of 30% allowed (54.5% proposed) for SOFA Building #2, located on the west side of S.E. 211d Avenue, south of S.E. 1st Street. (Quasi -Judicial Hearing) D. WAIVER REQUEST/ 1240 SEASPRAY AVENUE: Consider approval of a waiver request to Land Development Regulations (LDR) Section 4.6.14(B)(1), "Sight Visibility Triangle Measurements, Driveway Intersecting Street or Alley", to allow a seven foot (7') reduction of the minimum ten foot (10') sight visibility triangle requirement within the North Beach Overlay District for the Barbara Residence located at 1240 Seaspray Avenue. (Quasi-judicial Hearing) E. CONDITIONAL USE REQUEST/OCEAN CITY PROPERTIES, LTD.: Consider approval of a conditional use request to convert 10,800 sq. ft. of existing retail space to a 3,550 sq. ft. full service restaurant and bar with a 7,250 sq. ft. bowling alley eight (8) lanes, located within the Ocean City Lumber Complex at N.E. 21d Avenue, between East Atlantic Avenue and N.E. lit Street. (Quasi-judicial Hearing) F. AUTHORIZE CONTRACT NEGOTIATIONS FOR A NEW CITY MANAGER: Consider authorizing the City Attorney to enter into contract negotiations with the Commission's first choice for the new City Manager. G. PROPOSED SPONSORSHIP/ CLEVELAND CLINIC/ INTERNATIONAL TENNIS CHAMPIONSHIPS AND CHAMPIONS TOUR: Consider approval of a proposed two (2)year arrangement between the City and Cleveland Clinic for the Delray Beach International Tennis Championships and Champions Tour. H. RESOLUTION NO. 62-12: Approve Resolution No. 62-12: establishing specific program guidelines for economic development incentive programs funded through the City budget and the Delray Beach Economic Development Fund. I. WRITE-OFF SPECIAL EVENTS DEBT: Consider approval of write offs in the amount of $51,137.71 owed to the City for various Special Events. J. OFFER OF SETTLEMENT IN LANDMARK ADVERTISING, LLC. v. CITY OF DELRAY BEACH: Consider an Offer of Settlement in Landmark Advertising LLC. v. City of Delray Beach. Staff recommends denial. K. REVISED GENERAL EMPLOYEES INVESTMENT POLICY: Consider approval of a revised General Employees Investment Policy. (ADDENDUM) L. BID AWARD/ELEV8 SPORTS INSTITUTE: Consider annroval of a bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual landscape maintenance of three (3) ballfields at Pompey Park. Funding is available from 001- 4131-572-34.90 (General Fund: Other Contractual Service). (ADDENDUM) 11. PUBLIC HEARINGS: A. ORDINANCE NO. 41-12 (SECOND READING/SECOND PUBLIC HEARING Consider a privately -initiated rezoning request from Planned Office Center (POC) to Special Activities District (,SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi -Judicial Hearing (THE APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED TO THE JANUARY 3, 2013 REGULAR MEETING) B. RESOLUTION NO. 58-12/ CONTRACT FOR SALE AND PURCHASE/ 1040 HOMEWOOD BOULEVARD #L201: Consider approval of Resolution No. 58-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 1040 Homewood Boulevard #L201 to Sebastian Bellotti for the purchase price of $45,800.00 or appraised value. C. RESOLUTION NO. 61-12/ CONTRACT FOR SALE AND PURCHASE/ 135 S.W. 6TH AVENUE:_ Consider approval of Resolution No. 61-12, a contract for sale and purchase, authorizing the City to sell the Neighborhood Stabilization Program (NSP) property located at 135 S.W. 6th Avenue to Vena Poussin and Jean Francois Alies for the purchase price of $106,950.00 or appraised value. 12. FIRST READINGS: A. ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held on March 12, 2013, proposing to the electorate of the City that the City Commission be authorized to grant a property tax exemption to certain qualified businesses pursuant to Section 3, Article VII of the State Constitution; providing for submission of the proposed ballot question to the electors of the City; setting forth the form of the question to be voted upon at such election. If passed, a public hearing will be held on January 3, 2013. 13. COMMENTS AND INQUIRIES ON NON -AGENDA ITEMS: A. City Manager B. City Attorney C. City Commission MEMORANDUM TO: Mayor and City Commissioners FROM: Dot Bast, Training and Development Manager THROUGH: David T. Harden, City Manager DATE: November 16, 2012 SUBJECT: AGENDA ITEM 7.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 RESOLUTION NO. 57-12 ITEM BEFORE COMMISSION Resolution honoring Tim Simmons for 30 years of service. BACKGROUND In accordance with the City's service award policy, employees with 30 years of continuous full-time service are to be honored by the City Commission with a resolution and plaque. Tim Simmons, Parks Superintendent achieved this milestone on December 2, 2012. RESOLUTION NO. 57-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, RECOGNIZING AND COMMENDING TIMOTHY SIMMONS FOR THIRTY YEARS OF DEDICATED SERVICE TO THE CITY OF DELRAY BEACH. WHEREAS, Tim Simmons was hired by the City of Delray Beach Parks Maintenance Division on December 2, 1982 and on December 2, 2012 reached a milestone in his career, having achieved thirty years of full-time service with the City; and WHEREAS, Tim started as a Laborer I, was soon promoted to Crew Leader, Supervisor II, Assistant Superintendent, then Parks Superintendent in September 2000 and has since served this community in that capacity with honor and distinction; and WHEREAS, Tim's reputation and integrity are above reproach, his actions and words demonstrate his support of the City's goals and values and he accepts full responsibility for his department; and WHEREAS, Tim is willing to take on any assignment that comes along and has a consistent record of completing his projects accurately, completely, ahead of schedule and under budget; and WHEREAS, Tim has established himself as a team player and has developed the reputation for resourcefulness, adaptability and cooperating with other departments. He welcomes interns, Eagle Scouts and other community groups into his department and provides them with valuable first-hand experience of working in his department; and WHEREAS, Tim is a loyal, committed public servant whose performance and integrity have earned him the respect of his supervisors and peers, the City of Delray Beach and the Parks and Recreation Department are honored to have Tim Simmons as a valued member of the municipal team. NOW, THEREFORE, BE IT RESOLVED 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 hereby recognizes and commends Tim Simmons for thirty years of dedicated and faithful public service. Section 2. That the City Commission hereby congratulates and expresses sincere thanks and appreciation to Tim Simmons for his many years of service, and wishes him the best of health and happiness in his continued employment. 1 Res No. 57-12 2012. ATTEST: PASSED AND ADOPTED in regular session on this the 11t1' day of December CITY CLERK MAYOR Res No. 57-12 PRESENTED TO Timothy D. Simmons As a token of our esteem and gratitude for your 30 years of outstanding contributions and distinguished service to The City of Delray Beach Parks and Recreation Department December 2, 1982 — December 2, 2012 3 Res No. 57-12 MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal PLanner Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 2, 2012 SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 FINAL SUBDIVISION PLAT APPROVAL/SPODAK DENTAL OFFICE ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new office development being platted as Spodak Dental Office. The subject property is located on the north side of West Atlantic Avenue, west of Homewood Boulevard. BACKGROUND The 2.09 acre subdivision is a replat of a portion of Tract 49, Model Land Company, as recorded in Plat Book 6, Page 51, being in Section 18, Township 46 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property is currently vacant and was, until recently, part of the Delray Garden Center. At its meeting of February 15, 2011, the City Commission approved a privately -initiated rezoning from Agricultural (A) to Professional and Office District (POD) for the subject property. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for a single -story, 12,980 sq. ft. medical office building on the site. The applicant has indicated the intention to register the project with the United States Green Building Council (USGBC) seeking to obtain certification as a "Platinum Certified" project, pursuant to the USGBC's Leadership in Energy and Environmental Design (LEED) rating system for new construction. Thus, according to the applicant, the structure of the building has been designed to meet nationally recognized standards of energy and water efficiencies, reductions in heat island effect and glare, and integration with the surrounding natural environment. As a condition of site plan approval, a plat for the subject property is to be recorded prior to the issuance of a building permit. The replat of the subject property includes one (1) development lot and Tract "A", which will provide 7 feet of additional right-of-way for West Atlantic Avenue, dedicated with the plat. A 10' general utility easement, along the east property line, is also being dedicated with the plat. The utility providers for the project; FPL, Comcast and AT&T; have all signed off on the easement. Plat Analysis: City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. As shown in the attached Planning and Zoning Board staff report, positive findings can be made with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. REVIEW BY OTHERS The Planning and Zoning Board reviewed the Plat at its meeting of September 24, 2012, and recommended approval by a vote of 5 to 0. RECOMMENDATION Move approval for the Spodak Dental Office Plat, by adopting the findings of fact and law contained in the staff report and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets the criteria set forth in Section 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: September 24, 2012 AGENDA ITEM V• A• ITEM: Spodak Dental Office Plat - A final subdivision plat associated with the construction of a 1 -story building with 12,980 sq. ft. of dental office space and construction of a 98 -space parking lot to the rear (north side) of the building. The property is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard. GENERAL DATA: Agent................................ Location ..................................... Property Size ............................. Existing FLUM........................... Proposed FLUM......................... Current Zoning ........................... Adjacent Zoning.. .............. North East: South: West: Existing Land Use ...................... Proposed Land Use ................... Weiner and Lynne, PA North side of West Atlantic Avenue tc the west of Homewood Boulevard 2.09 acres TRN (Transitional) No Change Professional Office Development (POD) RM (Multiple Family Residential - Medium Density) A (Agricultural) RL (Low Density - Multiple Family Residential) POC (Professional Office Center) Vacant Building Dental Office Water Service ......................... Available via connection to a 8' water main located on the adjacent property to the west. Sewer Service ........................ Available via connection to a 8' sewer main located on the adjacent property to the west. ITEM BEFORE THE BOARD The item before the Board is that of approval of a preliminary plat and certification of a final plat for a new office development to be platted as Spodak Dental Office. The subject property is located on the north side of West Atlantic Avenue, just west of Homewood Boulevard. This plat is being processed pursuant to LDR Section 2.4.5(J), Major Subdivisions. BACKGROUND The 2.09 acre subdivision is a replat of a portion of Tract 49, Model Land Company, according to the Plat thereof recorded in Plat Book 6, Page 51, being in Section 18, Township 56 South, Range 43 East, City of Delray Beach, Palm Beach County, Florida. The property is currently vacant and was, until recently, part of the Delray Garden Center. At its meeting of February 15, 2011, the City Commission approved a privately -initiated rezoning from Agricultural (A) to Professional and Office District (POD) for the subject property. At its meeting of February 8, 2012, the Site Plan Review and Appearance Board approved the Class V Site Plan, Landscape Plan and Architectural Elevations for the project. As a condition, a plat for the subject property is to be recorded prior to the issuance of a building permit. PLAT DESCRIPTION The proposed Spodak Dental Office is a single -story, 12,980 sq. ft. medical office building. The applicant has indicated the intention to register the project with the United States Green Building Council (USGBC) seeking to obtain certification as a "Platinum Certified" project, pursuant to the USGBC's Leadership in Energy and Environmental Design (LEED) rating system for new construction. Thus, according to the applicant, the structure of the building has been designed to meet nationally recognized standards of energy and water efficiencies, reductions in heat island effect and glare, and integration with the surrounding natural environment. The replat of the subject property will include one (1) development lot and Tract "A", which will provide 7 feet of additional right-of-way for West Atlantic Avenue. This right-of-way will be dedicated by special instrument and recorded prior to recordation of the plat. A new 12' water easement, which will be dedicated with the plat, is being provided at the west side of the property. This easement is a continuation of a water easement which crosses the property to the west and will be dedicated by that property owner and recorded prior to recordation of this plat. A new 10' Florida Power and Light easement has been indicated along the east property line and will be dedicated by special instrument and recorded prior to recordation of the plat. PLAT ANALYSIS Pursuant to Section 3.1.1 of the Land Development Regulations, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. These findings relate to Future Land Use Map, Concurrency and Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations. Section 3.1.1 (A) - Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Paqe 2 consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Transitional (TRN), and a zoning designation of Professional and Office District (POD). Pursuant to LDR Section 4.4.16(B) (1) and (5), within the POD zoning district, professional and medical offices are allowed as permitted uses. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. Section 3.1.1 (B) — Concurrency: Pursuant to Section 3.1.1(8) Concurrency as defined pursuant to Objective B-2 of the Future Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: Water and Sewer service will be provided via connection to existing 8" water and 8" sewer lines located in easements on the property to the west. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build -out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City's build -out population based on the current FLUM. Thus, a positive finding with respect to this level of service standard can be made. Thus, a positive finding with respect to this level of service standard can be made. Drainage: Drainage will be accommodated on site via sheet flow into catch basins connected to a Stormtech Vault System under the rear parking area. This advanced underground stormwater management system utilizes underground chambers to harvest rainwater. The rainwater captured in the system is moved into two cisterns at the east side of the building where it is utilized for landscape irrigation. The system also includes an exfiltration trench and a dry detention area in the front of the property. There should be no impact on drainage as it relates to this level of service standard. Streets and Traffic: The applicant has submitted a traffic study indicating that the proposed development will generate 27 AM and 42 PM peak hour trips with 422 Average Daily Trips (ADT). A letter from the Palm Beach County Traffic Division indicating that the project meets the Traffic Performance Standards of Palm Beach County has been provided. Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Solid Waste: At the established waste generation rate, the proposed 12,980 square foot dental office development will generate 35.04 tons of solid waste per year [12,980 x 5.4 = 70,909.6 / 2,000 lbs = 35.04 tons]. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals till the year 2047. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. Section 3.1.1 (C) - Consistency: Pursuant to Section 3.2.1 (Basis for Determining Consistency), the performance standards set forth in Section 3.2.3 (Standards for Site Plan and/or Plat Actions) shall be the basis upon which a finding of overall consistency is to be made. P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Page 3 As described in Appendix "A", a positive finding for consistency can be made as it relates to Standards for Plat Actions. Section 3.1.1 (D) - Compliance with the Land Development Regulations: • LDR Section 5.3.1(A) (Plat Required): A plat is required for the project, and was included as a condition of site plan approval. The property will be divided into one development lot and one tract for additional road right-of- way for West Atlantic Avenue. • LDR Section 4.3.4(K) (Development Standards Matrix): There are no minimum lot size, width, depth, or frontage requirements for the POD (Professional and Office) zoning district. Open space, building setbacks and building height were addressed with approval of the site plan for the project. • LDR Section 5.3.1(Right-of-Way Dedication): Seven feet of additional right-of-way for West Atlantic Avenue is required. It will be dedicated through special instrument and noted on the plat. A complete review of the proposed site plan for compliance with the Land Development Regulations was included as part of the Site Plan Review process. Comprehensive Plan Policies: A review of the objectives and policies of the Comprehensive Plan was conducted with Site Plan approval and all applicable objectives or policies along with a discussion on how they were addressed is attached as Appendix "C". TECHNICAL ITEMS Technical comments from the Planning and Zoning and the Environmental Services Departments are attached as Appendix "B", and must be addressed prior to scheduling of the plat for City Commission. While there are remaining comments, they are minor in nature and will not impact the general plat diagram. REVIEW BY OTHERS The subject property is not located within a geographical area requiring review by the CRA (Community Redevelopment Agency) of the DDA (Downtown Development Authority). Courtesy Notices: Courtesy notices have been provided to the following groups and neighborhood associations: • Neighborhood Advisory Council • Delray Citizen's Coalition • Woodlake Windy Creek • High Point 1 P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Page 4 • Hamlet Letters of objection or support, if any, will be presented at the Planning and Zoning Board meeting. ASSESSMENT AND CONCLUSION The proposed plat is consistent with the Zoning and Future Land Use Map designation for the subject property. Positive findings can be made with respect to LDR Section 2.4.5(J) (Major Subdivisions), LDR Section 3.1.1 (Required Findings for Land Use and Land Development Applications), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and the Goals, Objectives and Policies of the Comprehensive Plan. The plat will require minor technical modifications, as listed in "Appendix "B" - Technical Items" section of this report, before it can advance to the City Commission. ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Spodak Dental Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to conditions. C. Approve the preliminary plat, and require submittal of a final plat to be processed separately. D. Deny the preliminary plat and final plat with basis stated. STAFF RECOMMENDATION Move a recommendation of approval to the City Commission of the Preliminary Plat and certification of the Final Plat for the Spodak Dental Office, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.5(J) (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3.1.1 (Required Findings for Land Use and Land Development Applications) of the Land Development Regulations, subject to the following condition: 1. That all comments under the "Technical Items" section (Appendix "B") of the report be addressed prior to scheduling the plat for City Commission action. Attachments: • Appendix A • Appendix B • Appendix C • Location Map • Reduced Plat P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Paqe 5 APPENDIX - A STANDARDS FOR PLAT ACTIONS A. Building design, landscaping, and lighting (glare) shall be such that they do not create unwarranted distractions or blockage of visibility as it pertains to traffic circulation. Not applicable Meets intent of standard Does not meet intent U B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists, and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable X Meets intent of standard Does not meet intent C. Open space enhancements as described in Policies found under Objective B-1 of the Open Space and Recreation Element are appropriately addressed. Not applicable X Meets intent of standard Does not meet intent D. The City shall evaluate the effect that any street widening or traffic circulation modification may have upon an existing neighborhood. If it is determined that the widening or modification will be detrimental and result in a degradation of the neighborhood, the project shall not be permitted. Not applicable X Meets intent of standard Does not meet intent E. Development of vacant land which is zoned for residential purposes shall be planned in a manner which is consistent with adjacent development regardless of zoning designations. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Page 6 F. Vacant property shall be developed in a manner so that the future use and intensity are appropriate in terms of soil, topographic, and other applicable physical considerations; complementary to adjacent land uses; and fulfills remaining land use needs. Not applicable Meets intent of standard X Does not meet intent G. Redevelopment and the development of new land shall result in the provision of a variety of housing types which shall continue to accommodate the diverse makeup of the City's demographic profile, and meet the housing needs identified in the Housing Element. This shall be accomplished through the implementation of policies under Objective B-2 of the Housing Element. Not applicable X Meets intent of standard Does not meet intent H. The City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. Not applicable Meets intent of standard X Does not meet intent I. Development shall not be approved if traffic associated with such development would create a new high accident location, or exacerbate an existing situation causing it to become a high accident location, without such development taking actions to remedy the accident situation. Not applicable Meets intent of standard X Does not meet intent J. Tot lots and recreational areas, serving children from toddler to teens, shall be a feature of all new housing developments as part of the design to accommodate households having a range of ages. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. Not applicable X Meets intent of standard Does not meet intent P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Paqe 7 APPENDIX - B TECHNICAL COMMENTS The following comments must be addressed prior to scheduling the plat for City Commission: Plat Comments: 1. Remove "Tract A" dedication language from plat; label tract in accordance with FDOT requirement and include ORB information. 2. Provide ORD information for all easements and dedications done via separate instrument on plat; which includes FPL easement; ingress/egress easement; and water easement on adjacent property. 3. Provide Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services can be accommodated as shown. 4. Indicate the square footage of Tract A on the plat. 5. The Mortgagee's Consent Section was removed from the revised plat. If this mortgage has not been satisfied, put it back on the plat. If it has been satisfied, provide documentation and updated title certificate. 6. Provide seal circle for the Director of Environmental Services. 7. Provide a final copy of the plat to be recorded to the City of Delray Beach Engineering Division prior to issuance of a permit from the Building Department. 8. Provide a digital copy of plat to be recorded in AutoCAD dwg or dxf format to the City of Delray Beach Engineering Division prior to issuance of a permit from the Building Department. P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Paae 8 APPENDIX - C COMPREHENSIVE PLAN POLICIES Future Land Use Element Obiective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. The subject property consists of one (1) vacant parcel of land. The proposed development will result in a 12,980 square feet of dental office within a one-story building. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed development, and the proposed land use will be compatible with the adjacent land uses. The development of the site with a use allowed under the proposed POD zoning (office uses) will provide a transition between the POC (Weekes and Calloway Professional Office Center) use located to the west, and the multiple family residential condominium buildings located to the north. To the east is the Delray Garden Center parcel which is zoned Agricultural (A). The Delray Garden Center is considered a transitional zoning designation and should be modified in the future to a more appropriate urban designation. The Commons, a vacant commercial parcel zoned POC, also abuts the subject property to the west. This vacant commercial parcel shares a cross access ingress and egress easement with the subject development. The Spodak Dental office development will be complimentary with other properties to the east including (the First Encounter Condominium with RM zoning), and (the Dialysis Center of Delray Beach with POD zoning); and also complimentary to other buildings located to the west (the Gringle Doherty and Wheat professional office building (with POC - Professional Office Center zoning). The LDR Section 4.6.4(A) (2) requires that the development proposal set back its building ten feet (10') from residentially zoned property and provide either a solid finished masonry wall six feet (6') in height, or a continuous hedge at least four and one-half feet (45) in height at the time of installation. The proposed Spodak Dental Office building structure has been set back 327' from the north property line and provides a continuous hedge along the north property line. Therefore, it can be concluded that the proposed Spodak Dental Office building will be complimentary to adjacent land uses and fulfills remaining land use needs, and thus, will not negatively impact the existing land uses in the area. Based upon the above, no compatibility issues will exist between the proposed development and the surrounding land uses and positive findings can be made with regard to Future Land Use Element Objective A-1. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. The development proposal provides one (1) bicycle rack located on the northeast side of the building in close proximity to the main entrance from the parking lot. Therefore, positive findings can be made with regard to Transportation Element Policy D-2.2. Policy A-11.3 In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Paqe 9 development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As previously indicated, the subject property abuts residentially zoned property to the north (Highpoint of Delray Condominiums). The development proposal has provided adequate separation (set back 327' from the north property) and a Simpsons Stopper hedge (4 '/2' high at the time of planting) between the proposed commercial building and the existing adjacent condominiums as per LDR Section 4.6.4(A)(2). Based upon the above, the proposed development will be compatible with, and should enhance the value of surrounding properties. Open Space and Recreation Element Policy 8-1.3: New developments shall provide central focal points at entries and landscape buffers along the external (arterial, collector) streets which service them. The development proposal has provided for the required 30' landscape buffer along West Atlantic Avenue. Significant and attractive landscaping has been provided for the special landscape setback buffer. The applicant has provided a well-designed special landscape setback that incorporates a large diversity of plant material. Therefore, extensive landscaping has been placed throughout the site to meet the heightened requirements of a LEED Platinum designation such as green vegetation walls, native species, as well as the incorporation of seating areas within the vehicle area to create a more "park -like" sensation for visitors. Surely, the proposed project will be an eye-catcher and offers many advantages to our environment and local wildlife. Three focal points are offered by the proposal: one features a patient drop-off area which includes an attractive cantilever entry canopy, a trellis system and visually attractive water features; the second focal point, is distinguished by the installation of a rainwater harvesting system through onsite cisterns; and the third one features the installation of oversized scuppers as part of the parapet design to re -direct rainwater into capture pools (vegetated bio-swale landscape areas) located in the front and east side of the building. Based upon the above, positive findings can be made with regard to Open Space and Recreation Element Policy B-1.3. LDR Section 2.4.5(F) (5) - Compatibility (Site Plan Findings): The approving body must make a finding that development of the property pursuant to the site plan will be compatible and harmonious with adjacent and nearby properties and the City as a whole, so as not to cause substantial depreciation of property values. The following table identifies the zoning designations and uses that are adjacent to the subject property: Adjacent Zoning: Adjacent Land Uses: North RM (Multiple Family Residential) High Point of Delray Condominium West POC (Professional Office Center) The Gringle Doherty and Wheat professional office building East A (Agricultural), RM (Multiple Family Delray Garden Center, High Point of Residential) and POD (Professional Delray Condominium, the First and Office District) Encounter Condominium, and the Dialysis Center of Delray Beach South RL (Low Density - Multiple Family Woodlake Single Family Subdivision Residential) (across 6 -lane highway across West Atlantic Avenue P&Z Board Staff Report, Meeting of September 24, 2012: Spodak Dental Office Plat Page 10 As noted above in the analysis of Future Land Use Element Objective A-1 and Housing Element Policy A-12.3, positive findings can be made with respect to the compatibility of the proposed development with the adjacent properties. Parking has been intentionally placed at the rear of the structure in order to physically place the building closer to West Atlantic Avenue right-of-way as an eye catcher to vehicular traffic and pedestrians. In addition, extensive landscaping has been placed throughout the site with the incorporation of seating areas within the rear vehicle area to create a more "park -like" sensation for visitors. Thus, the development proposal will be compatible and harmonious with adjacent properties and a positive finding can be made with regard to LDR Section 2.4.5(F) (5). > HIGH POINT BOULEVARD NORTH 0 o O iSOUTH DRIVETERR. o E A o O CORAL TRACE PLACE FF —F, a > > FRANCES DRIVE m< HIGH POINT o a m w URIVE w z � o 0 o p m 0 m x MAURICE DRIVE HIGH POINT BOULEVARD 3 > m —33 z 051, 2ND LAN HIGH POINT COURT E. HIGH POINT COURT WEST RIVATE G K o HIGH POINT TERRACE WEST PRIVATE HIGH POINT 1ERR. E. o Nµ 2ND Cr. HIGH POINT BOULEVARD y N' • 2ND ST. N ES a w N .7STLN. m A N.W. 1ST 2 3 a c> OpN.W. 1ST ST. AVENUE ATLANTIC WEST ST. S.W 2ND < RD ST � Q CST w J OPK�EW GL WOWD CWRT N m O — 3b F.C.A. W d WAY J ; � of a x N WwxooD DMW O e 0 - CANAL L-34 3 w S. W STN ST. PINE m O o LAKE CT 3 2 vi S.W. 6TH ST. HIGHLAND AVENUE Y s z D CLEARBROO CIRCLE w z N W N ® SPODAK DENTAL BUILDING PLAT CITY OF DELRAY BEACH, FL SUBJECT PROPERTY LOCATION MAP PLANNING & ZONING DEPARTMENT -- DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1230_Spodak Dental Building Plat m ^- a (77 lt'r --Z El— LEGAL DESCRIPTION RICHIRD JONXI -j i 13464ZS=OFE1140FWI/20FNEi;40FSWi/4(LESS 847FTROMY) THE COMMONS (PLAT BOOK 57, PAGE 11) OFIWMRow ARCHITECTURE _�:! --------------- -- ��'� 7�-YA -a' I A k' I Dumpster Plan iw. PVT 71 ------------------------ 9 T�- R � Lu I V 3 h� z .0 Ulrl to ` -j Proposed Site Plan 2V 9N -7 %e PmpTH -W-: Dumpster Details North Elevation .. r0 ................ 10 VVest Elevation SITE PLAN MEMORANDUM TO: Mayor and City Commissioners FROM: Ronald Hoggard, AICP, Principal Planner Paul Dorling. AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 FINAL SUBDIVISION PLAT APPROVAL/MIDTOWN DELRAY RE -PLAT 1 ITEM BEFORE COMMISSION The item before the City Commission is the certification of the final plat for a new townhouse development being re -platted as Midtown Delray Re -Plat 1. The subject property, which is located south of Linton Boulevard near Military Trail, between Park Access Road and Orchard Lane, is the residential portion of the original Midtown Delray Plat (Plat Book 111, Pages 87-90). BACKGROUND The property is presently zoned SAD (Special Activities District) and has a Future Land Use Map (FLUM) designation of TRN (Transitional). On December 11, 2007, the City Commission approved the rezoning request to modify the Blood's Grove SAD (Special Activities District) Ordinance #51-95 via Ordinance # 46-07 to accommodate the Midtown Delray mixed-use development consisting of 116 fee -simple townhouse lots (32 of which are subject to the City Workforce Housing Ordinance) and 29,571 square -feet of medical office. The City Commission approved the final subdivision plat for the project on April 15, 2008. The 2.59 acre medical office portion of the project, which fronts on Linton Boulevard, is located within Tract "H". The 7.26 acre residential portion of the project, which also contains the drainage facilities for the entire development, is located to the rear of the medical office tract. The 116 fee -simple townhouse lots front on an internal private roadway, Bloods Grove Circle. On March 2, 2010, the City Commission approved Ordinance # 7-10, which modified the SAD to accommodate changes to the medical office building portion of the project. The residential portion of the project was not affected. The residential portion of the project was sold in April of this year, and the new development company, SP5 Wood Midtown Delray, LLC now wishes to make minor changes to the recorded plat. This involves expanding the townhouse end -unit lot widths to accommodate standard architecture/construction, and minor easement adjustments to accommodate field conditions. A replat of the residential portion of the original plat is required to make these changes. Two Tracts on the original plat, Tract "A" (a road dedication area), and Tract "H", (medical office area) are not being replatted. It is also noted that a new 2' sidewalk easement along the west side of Park Access Road is being provided with the replat. Plat Anal City staff has reviewed the plat and determined that all technical comments have been satisfied. Pursuant to LDR Section 3.1.1, prior to approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information in the application, the staff report, or minutes. Findings shall be made by the Board to approve or deny the development application. Positive Findings with respect to Future Land Use Map Consistency, Concurrency, Consistency with the Comprehensive Plan, and Compliance with the Land Development Regulations were made by the City Commission for the original plat approved on April 15, 2012. No substantive changes that would affect these findings have occurred with the replat. REVIEW BY OTHERS The Planning and Zoning Board reviewed the original Plat at its meeting of March 17, 2008, and recommended approval by a vote of 5 to 0. Since the replat involves only minor revisions, further review by the Planning and Zoning Board is not necessary. RECOMMENDATION Move approval for the Midtown Delray Re -Plat 1, 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 2.4.50 (Major Subdivisions), Section 3.2.3 (Standards for Site Plan and/or Plat Actions) and Section 3. 1.1 (Required Findings) of the Land Development Regulations. 5 SITE _ PARK ACCESS ROAD o LOCATION MAP (NOT TO SCALE) DEDICATION AND RESERVATION ALLEN T"E"DELAWARE LLE O LIABILITY cESE-HL HS OWNLA IEIII 0 HEREIN A GESP BT —OUGH 9S. PUBLIC RECORDS OF PALM BEACH L RIGA PLT 111T 11 IINTY Nl"l.AlUUl"l RANGE 1� EAST, CITY OF .—Y BEACH,NPALM NG MORE PARTIC—LY DESCRIBED A� FOLLOWS: TH..L.. IIS PUBLIC REgRES 'OF PALM GH`C A, USES AND EXCEPT TRACTS A AND H OF THE — OF DELAS RECORDED IN FLATDTOWN OOK 111, PAGES 87 THROUGHI 90. PUBLIC RIECOR S OF PALM BEACH COUNTY. FLOEI CONTAINING 7.26 ACRES (316.135 SQUARE FEET, MORE OR LESS. DES RESYCEDiS EAS EASEMENTS TRACTS DRAINAGE RERAFWA MASTER AI WITHOUT R MIDTOWN CONWON SUCCESSO LOTS1 TH PURPOSES S RE THIS OF THE ITTlElP IS BY. BE DO B DO DO MIDTOWN DELRAY RE -PLAT 1 LYING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING A RE -PLAT OF A PORTION OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. JULY. 2012 SHEET 1 OF 4 ACKNOWLEDGMENT STATE .1 FLORIDA COUNTY OF PALM BEACH PRESIDENT OF WOOD REAL ESTATE INCESTIRS, ULD, A D—ARE LI- LIABILITY MANAGER, ILC A E,WA,E , MIT. FAR FY _N,_Y MANAGING MEMBER SIS S IN INSTRUMENT IN SUCH CAPACITY ON BEHALF OF SAID BP STRUMEN IS THECORPORATE SEAL OF BD AND THAT WAS D INSTRUMENT BY DUE AND REGULAR CORPORATE AUTHORITYTPND THAFT SAO INSTRUMENT IS THE FREE ACT RD DEED OF END COMPANY. NOTARY PUBLIC COMM—ON NO. IRINFE. NAME ACCEPTANCE OF RESERVATIONS SEA COUNTY OFPAIM BEACH MIDTOWN D . A FLORIDA NOT-FORPROFIT TIE TONS ORLRESERVATIONB TO SAID N AND aEBY AS ER:SSUCCESSORSIS TIII HERESY ERNIRiACCEPTSce oeucniIONEFOR SAME nS STATED HEREON. MIDTOWN DELRAYMASTER rOGIATION INC, IM RPROFIT WITNE9 DAVID E. THOMPSON PRINT NAME. DIRECTOR PRINT SAME NOTARv�PUSUC STATE 11 11111A MORTGAGEE'S CONSENT STATE OF UE—A 1111 1111 IT PAGE WHICH WAR AMIN.E. AGO REBIATE. BY ORDaE511 RoAOF FLASHAULB—OiN.To THE LED CAT1.41 AN HERE. ,IN WHGE11 WHEREOF THIS INSTRUMENT HAD BEEN EXECUTED THIS DAY LENDERREGIONS BANK, AN A_AMMA BANKING CORPORATION: MORTGAGEE ACKNOWLEDGMENT STATE IF COUNTY OF FUULTON BEFORE ME RE ONALLY APPEARED MICHAEL F. FtANAGAN WHO IS PERSONMLY KNOWN TOME, NO EXECUTED THE FOREGOINI INSTRUMENT AS SENIOR VICE PRESIDENT OF REGIONS BANK, AN ALABAMA BANKING COREDRATION, AND ACKNOWLEDGED TO AND BEFORE ME THAT HE EXECUTED SUCH INSTRUMENT IN CULH CAPACITY AND THAT SAID INSTRUMENT IS THE GHBE ACT AND DOES OF THE PA WITNESSMYHNNDANDOFFICMLSEALTHIS DAYOF ,2012. (SIGNATURE OF NOTRT PUBLIC) PRINTED NAME OF NOTARY PUBLIC) COM- NO MY COMMISSION EXPIRES: CITY APPROVALS 0 -TOWN ..I— RE -PEAT I AS APIROVED ON THE DAY OF T SLu,, BY THE CITY COMMISSION OF THE CITY IF DEUR Y BEACH, CRY ENGNEER FIRE NAREHAL SERVICES REVIEWING SURVEYOR'S STATEMENT THIS 11 TO CEITFY THAT THE UNDERSIGNED PROFESSONAI SURVEYOR AN MAPPER UNSH COTHE CITY OF D REVIEWED THE FLAT NOF MIDTOWN DELRAY RE PLAT 1L ASYREQU RE BY CHAPTER REQUHEMI)ENT50FCHAPIEH I .NDS N t,E , FLORIDAA DRIDA STATUTES. COMPLIES WITH ALL THE DENNIS J. —AND ASSOCIATES.INC. CERTIFICATE 01 AUTHORIZATION NO. LB 6599 TITLE CERTIFICATION AREA TABULATION TRACT "C" ........................ (59,361 S.F.)1.36 ACRES TRACTS "D" ....................... (38,352 S.F.) 0.88 ACRES TRACT "E" .......................... (33,409 S.F.) 0.77 ACRES TRACT "F......................... (32,774 S.F.) 0.75 ACRES TRACT "G" ........................ (19,317 S.F.) 0.44 ACRES LOTS 1-116 ....................... (133,222 S.F.) 3.06 ACRES TOTAL .......................... (316,435 S.F.) 7.26 ACRES SURVEYOR'S NOTES W —' "" ON ""' "' VALUES IF FAL" BEACH COUNTY CONTROL "IlUl 11—N", 11 A SCALE FACTOR .11 AN.14 WAS USE. DTII THAT ARE NOT RECORDED ON THIS PILAT THAT SAY BE FOUND IN THE PUBUC 3. THE CITY 111- 1FACI 11 FORElY lGANT11THE SINT11 ACCESS FIR DIERGENCYANI MAINTENANCE PURPOSES. FU- -CH Al= WATER, SEWER OR DRAINPUR CALIHITIBE CONSTRUCTION OR LANDSCAPING UPON WINTERANIE 11 lAI TE GET BE IN CONE.SMANSE WITH ALL SLI- ANG I.RIN. C.— AN 6, BUILDING SETBACKS SHALL CONFORM TO THE REQUIREMENTS OF THE CITY OF DELRAY BEACH FLORIDA. 7. AULUIERACTION-RADIALINFE1111HISWIS11WED LEGEND ABBREVIATIONS CIN-CON—UMENT S SQUARE FEET cl III DATA LINE ATAA CURVE CENTRAL R ANGLE (DELTA) ESMI EASEMENT LIE M.NTENANCE CASE.., REAL - PERMANENT REFERENCE MONUMENT 'NCDP UMAIENT CONTROL POINT F ED No DIA.DIAMETEN DE,= DRAINAGE EASEMENT DISTRICTRE. LA OZ - OW EASEMENTAND MAPPERNCINIFFICHIR ACCESS LIKE WITNESS. MIDTOWN.DELRAYLLC. MOTOWN DELRAY LED MORTGAGE MORTGAGE NOTARY CITY DELRAY BEACH REVI EYOR EURVEVOR PRINTED NAME: VICE PRESIDENT NOTAR PRINTED NAME — 0 0 0 0 OSHEETlOF4 SYMBOLS Q P. SETUP NAIL ArvD DISK STAMPED PCP LBxza3�)TO BE PLETION OF THEROAD CON R - M_(IlE HIM ROD WITH ALUMINUM DISK ❑=lTANPl FOUND4xa corvcRETE morvuM6rvTEl rem LBxza36) I SURVEYOR a MAPPER CERTIFICATE THIS IS TO CERTITIFY THAT THE FLAT BROWN EERE.N IS A TRUE AN. CORRECT REPERBEITATIO1 11 A SIllEl MADE CHOUG THE RESPONSIBLE BUT. AND ONAL SURVEY_ , MAPPER THAT S_ SURVEYOR 8 MAPPER AND MYSELF Z.A EMPLF0E=` BY THE BELOW NAMED L- ENITY; THAT SAID FLAT IS MonuMEr�ns j•v n.u• )s-DPmPLACED AS NFQ BY orvKNOWLEDGE ME.Te nc -NU roes c 177.S(()PERMANENT _ HAVE VE BEEN SURVEY HnvreFURTHER,PLFAT COM IN ALL THE nruTES. AS AMENDED, nrv6 THE ORDINANCES ar TME cHY of DELGAY.—H, FLORIDA. STATE IF FLORIDA 'ERT' 'AT' ""OREST HILL BLVD " TE 11 WEST PAL. REACH. FLORIDA _ NII THIS PLAT. AS REC,11.IE.l IN ITS GRM FORM. IS THE OFFICIAL DEPICTION OF THE AN. WILL IN NO CIRCUMSTANCES BE SUPPLANTED IN THEREAU BY ANY OTHER GRAFHI. ONDIGITAL FORM OF THE FLAT. MAY BE AUDITIONAC ICTIONS THAI IRE NOT RECORDED ON THIS PLAT THAT MAY BE FOUND IN THE PUBLIC =US OF THE COUNTY ER THE SUPERVISION OF MIDTOWN DELRAY RE -PLAT 1 LYING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING A RE -PLAT OF A PORTION OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 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O TRAci E' - N 32 ] �n so� ARE AC. g8' \ m C 519 \ COMMON AREA N88'29'45''EF 51 43' 5 9 33.409 Il -17 AC. mR m, \ m 10 II \ O 0 SF o v \ 2'aE 9 ,4.5' �G.U.I 63 EC \ 1"0O rn ECT\ 4 002 AC mr\ 1.159 SF - E 6'Lp5\L36 m 0 \ I 22L,22 003 I N d \\ N 1x4.143" a9 84'00'3]'E 5256_ r �I 88'29'455 "E 53.00' o 3 3,22' 0934Ac \ �OMk sF„dry O X51” y,5 \ Wy s Ba'00'3T'E x8.38 �T n = 0 3 A 30 y1, ��hy 53ti� \ \ s EASEE r } 230 \ \ EASEMENT n \ \icAy Nh,05 0384 L24 _ r- NS945E 55.00' 898 SF O 92 > \ 03A \ yy -p D ^ 55.00' L=a555 �, 6•j�i Im I N80'29'45E IC Sl' gyp' y\ 0.02 AC yh' 0 G%e 66ory O Q ` O1y� 20' U.E. (O.R.B. S5 ryoO �G' 6 0 X259 i�13a 64 \ N94539O.17 3 �'0^002 BE 11RC 6y �pi \ ITR 53.06'z \ E 544638 SCJ. ? NBB' 45"E 5.00' 23. wSOe ��\ e. 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A.L) (TYR CAL) . zc��,,,��,,,F 1 X360 �0 HAMMOCK RESERVE B. ea, PGS. 166-175)c RE166- 1652805 (P.BAB TKACT 11]5J -./ 9 55]5.241 ACT "0-10' — H MMO KURESE11' - (PrBAGS 80, P_166-1]51_ KEY AP \ E 9assa9. _ \/ Ci65 LES, s, 430:001'3 C15 LE3394 R 30°00 048 1189 LE2513 i12.. 900MIDTOWN DELRAY RE -PLAT 1 C1 56 855 0150'00'4'C, IB 0 4E'1J'42" b90 D.4, 214'38]636 5000 71727" C179 931 3000 36'52'12" C191 18.46 C1. 42.9a 30.00 62'Ds39" cleo las 30.00 161537' C192 300.64 35450` LYING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH, PALM 00,35'00'00'9'59'23 C 9 00 0037 D2BEACH COUNTY, FLORIDA, BEING A RE -PLAT OF A PORTION OF MIDTOWN DELRAY AS RECORDED ,20.00 1603'01" 20.16 3.00 35 L1 ' 1 G194 494 C assn 30.00 30'2]'0, aas 6200 1-17'43• 1195 3.25 1'33'13' IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 0172 26 500054230521 fi.27 2'59'29" T171 1345 11,00 77-3" LO5 1726 2 656' JULY, 2012 SHEET 3 OF 4 C1J4 14-20 TIDB 811-2-7" C106 1 -55 30-00 22'0402" 1175 1433 1DOO 02 05 391'30 28' 6176 24.78 412.00 0 5870440E 0.19 ea 5aj D2 AC OI" v lrvory TRACT E SSS9�>y'4 2356.19' COMMON AREA lu, Zry /ry u e z 939 A 2 _ 33,409 iF-O-JJ OST �J o�5 12 AC m N88'33'16'E 53.80' a 92] 5FSp. 540 2\f�^� Aq el• 56- 6' L10 IN /P $. h�2°� OSq. 0.02 AC 1 75So61 21C EDj E 7112' Tom 10.03 d Ie W/ 250 //,y BO S. AS 6g. 2 2 E J N 0:u/ 7 U.9] AC D°v /5 9 T3 �\G, 1"a/¢Ge / Q- 41 21" 0 6 ff ^ 88'33'16"E 54. efi %�/ '$ 0 Dom / 3w� N 88_41_21"_ 0.69'o p f I 5i aF N88'41'24"E 55.51' 0 74 o� �2 s Fr i/ ZO°. Sa107 1-F 2 5 1,290 SF 1.2043 SF 10.03 AC njc1U.n CO]AC `Oa // �Jq. 59.20' v 2 �Do' 01220°E 1-320' Nea'13'16"E 1-551 ryN5sos4, 1-a Toa 1-3 3o- 78 0 ¢^ h9 1-a. 99s3ss s rvy6� / P��`0 �e-"��seoh6 / 1 6 21 995 s 913 1-F 3'30' GhG / @ s, 92 Ac S5. Q G p� ^. eL2aJ 5F 092 A 1166 GAN^ hG 200 GF 0.02 AC ^� 545 0. e 00] AC N08'33't 6"E C55.J3'opC91D IF 58/. 200 5300 72 -y10 -EI ry 1o9 5x.39, lotl 2o- ^h ^ % .1 AC Y n 11 24"1 SS .' 0028E - C11 m y o SsO 10.0] ACSI V"'2S , T 20 nl m _ 5 - u 0000 = 2 AC "' N8833'ifi E AC55.75 al nl m^ 1-f 51- ^o y I mo r y 003 AC 0 51 s 1 ,wl .wl h pa o, 200' eat 2a'E 53.Pa' 1 e 71ff ry�50 Q 110 j 3S 502 z }N / - e 19 0.001 Ac it rvl =~ sSgj 1.3d1 SF .,� 4 / J6f 1 .I 16.03 AC I1I-✓/ 56 ^`v� A N 1,252 SF I '-1 zl 1-f <� / a 1258 SF �Os- 0.03 AC o Im N8e'33'16"E 55 44' N\7740.03 AL o / 2.00' n 53 E4' 1 / /'- 12',12 70 I l �N N08'41'24"E 5. 4 WATEfl X53" ^\035. TRACT 'G' 2 I5 I EsuT. Daly I I TRACT 'EE` ,W / DM h� 18 5 Ir / I COMMON AREA 69.85,�Q\� / 1 0025E o o LI001 / / 33,409 8F.-0.77 AC. lg C ON 044AAC. / n N 111111 N08'33'i6"E AC54.J2' / / ,3,> 5. ry z w' m J___r 5 877341„--' 8 E - LENGTH R DIUS DELTA o URI I El LENGTH R DIUS DELTA LENGTH R PELTA LENGTH R DAIS DELTA / 73.53 1133 23.331383.00 0'58'00' 142 23.45 059.00 2'55'}]" C1a9 6.00 45900 0'40'5]" CISJ 24.00 430.00 }'11'5}" v w e]'3a'iB_E 3513' 1134 0'40'37" 2'0231" CI50 5.02 45900 0'37'37" Ci58 23.55 430.00 308'16" AA 0'58'02" 0 2'54'4]" C151 10.81 410 SO 1'21'16" C1 99 16.34 43000 2'10'36" MA TC C131 3]0138300 0'58'54" C144 335 5900 2'50'55" C,52 3.70 43000 0'29'3]' C160 16.33 430.00 2'tp'}6" GRAPHIC SCALE H LANE 3� l 6 3,' 6 39 59 DD 6-25 43D D. fi, 6 0300. 3.0'22 SEE SHEET 2 C138 6-08138100 0'15'0]" G146 t6-95 059-00 20312" C154 33.12 430-00 a'2ti 43 C162 24-02 430.00 3'1201 _ 00 0'}3'39' C14] 00 2'1-9'38" C155 6 se 59.00 0'09'16" C163 0 430.0. 0'28'43 rm 1 71 0 21-08 41- zss'n" 1108 2 41-1-00 osros C156 Js. 459.DO D'z6'1a• 1160 6GS 43000 0ae26 SHEET 3 OF 4 EPA 11 a IFI_ PAA- FA. ISBI lsaIRIFE MIDTOWN DELRAY RE -PLAT 1 n M M 4"E 54.99' E SHEET 4 4 UNTYOFPALMESAp NES I L128 558' 32 005 AC I s'28'E2 55.3>' mo _ ACT AER , S6s 51 <5'^55 �33M405 N 0829'05" E o. 154-18 /54 B K 0'[47841 - li'S 5• _E m. `"g �S f EV MAP NOT To ALE I W -il 53 J>' I I n U 60 cCEA c, 569 E 557 1 5145 E5 S NO DO as' n _ g L m f"ii S 81'39 AI/- 31 I 1, 14.49 Flo.- m 109.80 �_ R _� \� 61- 33.4 1- I _ - U, z �I2' ?� 5>4'z6'z4"E 0]4 AC 1 ro U I I I > Uw - L1040 5877 39 02 E 5 63' / J 1125-I 2200 R i 00 Ill 04 Im - 6 2a X04 p ] 14 03" n4, S1 57 00' A-13"4fi 17' p-15'29 38" I 4' 40 u 54.23' O ¢ '1.33 �rypy I 30 Imo I W Urn FV 111V ry 1� 12. ITC7 D. I A� Q 0.03 AC 13 2.' 03'39'02"E . bhh 0 `'200 ` hry. S 9 I 5 /ti VJ I W'i Z rvsW58i 252 E 55.51' ~a 1. .Or_ -ti O 52.87" 62 le I� my �/ 200 „h? Ss 77075E USF a J ry }w 1132 _ 12440E to 0.0] 53.70 200 I� C 2 96 TRACT D o- o, ANAGEMENT TRACT LAKE M 38.352 SF 0 'S F 2 S�. oa L 34_ yl ml a 583'390 2 E 55.50 wN \ u - , kG,Ss 0.88 AC. Z� Op.6h h"%. 97 , 98 S / �1j262A'f SBJ' 4.40"E ^ a 2 913 SF n \ / 6 5SF 802 C LINE TABLE LINE LENGTH BEARING 0.02 AC 583'39' m 177 60h5 Tti 98 SJ S's 9 536 29 358 I rc 3 AC 3.4x131 al Ig'^ry Bo 200' 1 i lPm 126 4 /2'1 Off. / 4, ry o 12365E C 0.03 AC E o 56 2 583 m 2851 0.03 AC / 39 02 E 50.20 w 13081E wlm } ^ 0.0] C I _ I ami m .100 n 79 26F I ^ O �l i?.1 o- SAG O� 898 SF SOV•O ?o HZ rca 511 1 I1IIll 27 1-.11 LM.E 9.U3 C 0 1-395' 2 .0' Im�� A5995' hhh O U" r4 SF 02SAC �F//�6 " "�Q-O via n ne _ _p 583'38'02 1928511 o 0.92 AC'S "E �e7- 911 S Ip a 101 • / ip ryh6'j2' 1.2365E y ,9o- G ¢?e /off by G`Am 2 1-305 0.03 AC 00 ^2N O5/ GL 2.00' a ry A55.57' - °677 E 945360.SO 89 1,2163 _ 583'39'0 E7 N V 0.03 AC - Nlo m 903 SF VARIES lone 102f 1,200E 'o° y#w� 06 o�c,99 ^.� � G^ %� SSS °rSe p. C \ / 1-302 2'`770 GJ�ip9 30' LJ 30' 2.010' n 5x.09'' 583'39'02' 2587'0440"E 5609'1 002 AL o 54.98' I�iy E 52.98' Ip �- Z J qc 052�5�*'s, J (JT S SMG T��As•.� 31- J, ,OM1 LI54 3008 lMf F4' f' 60 z N 1 5 5 nl VU I a 776 2.00' Sp. .o R' A 49 / M1ry c\ ` ff Al °ry 3 t. J UO A 2 C 5699 2. Om SBJ'044PE '11 503390 2 0 5 0.03 C I �37 ry ry f 4G �� 0. F nC / Pio SAs \rO M 2 2°°, 403 73. liSj 2 J°. QIP �, 753.991 n Lt13 �Iw IN E orvnn 51.77 loin n til /hhNO S6°S 10.0}pC �D 50 5SF ryp oo 'Vo mh ^ 6^ I.R54 SF N WAIE /2� ° 0 S1 `u a5sc D.0] AC J °< S U ? 2 ao3 Ac 200' 5 �� ..-0 20' la a /onnyo y^o' S ESMT. x AS /� N 5 605f 5940 5870440E 0.19 ea 5aj D2 AC OI" v lrvory TRACT E SSS9�>y'4 2356.19' COMMON AREA lu, Zry /ry u e z 939 A 2 _ 33,409 iF-O-JJ OST �J o�5 12 AC m N88'33'16'E 53.80' a 92] 5FSp. 540 2\f�^� Aq el• 56- 6' L10 IN /P $. h�2°� OSq. 0.02 AC 1 75So61 21C EDj E 7112' Tom 10.03 d Ie W/ 250 //,y BO S. AS 6g. 2 2 E J N 0:u/ 7 U.9] AC D°v /5 9 T3 �\G, 1"a/¢Ge / Q- 41 21" 0 6 ff ^ 88'33'16"E 54. efi %�/ '$ 0 Dom / 3w� N 88_41_21"_ 0.69'o p f I 5i aF N88'41'24"E 55.51' 0 74 o� �2 s Fr i/ ZO°. Sa107 1-F 2 5 1,290 SF 1.2043 SF 10.03 AC njc1U.n CO]AC `Oa // �Jq. 59.20' v 2 �Do' 01220°E 1-320' Nea'13'16"E 1-551 ryN5sos4, 1-a Toa 1-3 3o- 78 0 ¢^ h9 1-a. 99s3ss s rvy6� / P��`0 �e-"��seoh6 / 1 6 21 995 s 913 1-F 3'30' GhG / @ s, 92 Ac S5. Q G p� ^. eL2aJ 5F 092 A 1166 GAN^ hG 200 GF 0.02 AC ^� 545 0. e 00] AC N08'33't 6"E C55.J3'opC91D IF 58/. 200 5300 72 -y10 -EI ry 1o9 5x.39, lotl 2o- ^h ^ % .1 AC Y n 11 24"1 SS .' 0028E - C11 m y o SsO 10.0] ACSI V"'2S , T 20 nl m _ 5 - u 0000 = 2 AC "' N8833'ifi E AC55.75 al nl m^ 1-f 51- ^o y I mo r y 003 AC 0 51 s 1 ,wl .wl h pa o, 200' eat 2a'E 53.Pa' 1 e 71ff ry�50 Q 110 j 3S 502 z }N / - e 19 0.001 Ac it rvl =~ sSgj 1.3d1 SF .,� 4 / J6f 1 .I 16.03 AC I1I-✓/ 56 ^`v� A N 1,252 SF I '-1 zl 1-f <� / a 1258 SF �Os- 0.03 AC o Im N8e'33'16"E 55 44' N\7740.03 AL o / 2.00' n 53 E4' 1 / /'- 12',12 70 I l �N N08'41'24"E 5. 4 WATEfl X53" ^\035. TRACT 'G' 2 I5 I EsuT. Daly I I TRACT 'EE` ,W / DM h� 18 5 Ir / I COMMON AREA 69.85,�Q\� / 1 0025E o o LI001 / / 33,409 8F.-0.77 AC. lg C ON 044AAC. / n N 111111 N08'33'i6"E AC54.J2' / / ,3,> 5. ry z w' m J___r 5 877341„--' 8 E - LENGTH R DIUS DELTA o URI I El LENGTH R DIUS DELTA LENGTH R PELTA LENGTH R DAIS DELTA / 73.53 1133 23.331383.00 0'58'00' 142 23.45 059.00 2'55'}]" C1a9 6.00 45900 0'40'5]" CISJ 24.00 430.00 }'11'5}" v w e]'3a'iB_E 3513' 1134 0'40'37" 2'0231" CI50 5.02 45900 0'37'37" Ci58 23.55 430.00 308'16" AA 0'58'02" 0 2'54'4]" C151 10.81 410 SO 1'21'16" C1 99 16.34 43000 2'10'36" MA TC C131 3]0138300 0'58'54" C144 335 5900 2'50'55" C,52 3.70 43000 0'29'3]' C160 16.33 430.00 2'tp'}6" GRAPHIC SCALE H LANE 3� l 6 3,' 6 39 59 DD 6-25 43D D. fi, 6 0300. 3.0'22 SEE SHEET 2 C138 6-08138100 0'15'0]" G146 t6-95 059-00 20312" C154 33.12 430-00 a'2ti 43 C162 24-02 430.00 3'1201 _ 00 0'}3'39' C14] 00 2'1-9'38" C155 6 se 59.00 0'09'16" C163 0 430.0. 0'28'43 rm 1 71 0 21-08 41- zss'n" 1108 2 41-1-00 osros C156 Js. 459.DO D'z6'1a• 1160 6GS 43000 0ae26 SHEET 3 OF 4 EPA 11 a IFI_ PAA- FA. ISBI lsaIRIFE MIDTOWN DELRAY RE -PLAT 1 A n SHEET II , j/ice* UNTYOFPALMESAp NES ��p®j\ HIS FLAT - 111 '11 1111RG AT EV MAP NOT To ALE ... \S .'rry A THIS DI OF FIC11- IN PLAT BOOK NO ON PAGE v " VSHARON R BOCK LEAK ANo cOMPrRouEn BY D.O. MATCH LINE SEE SHEET 4 m1^- L144 s In I 40 - LI42'J� }}LL'' / C.B=N20's9'45"E -IA G1 n / �m TRACT AREA COMMON AREA 19,31] S.F.-0.44 AC. h � / / Ss 4U ry a0G^0 4�Oe o/ 899 IF / 0.02 C ° `Lh.;7ti 9E SF S 2 0 JOSS 002 AL / 6hh y4. F•5S ^ .o- 2 // 46 1,237 Sf 003 AC SF ti / 00 r tih.M 'N P " 2yhy ^`2 � / S / LINE TABLE LINE LENGTH BEARING ^i h 5 G�'L h66 200 ; ye / ?'�o TQC' 12.00 N8s'22'3}"E L102 86.02 N01'18'39"W L103 14.50 580'09'1}"E l / P pa ti?6y� OF��ry �`� 0 2p �9 P 6QG ti4'L� 0/ L1.4 3.09 5833554 E L106 20,00 "E L 50 16001-30"W L107 14.50 N 546513,'W L10E 17.00 3015E 5870440E 0.19 ea 5aj D2 AC OI" v lrvory TRACT E SSS9�>y'4 2356.19' COMMON AREA lu, Zry /ry u e z 939 A 2 _ 33,409 iF-O-JJ OST �J o�5 12 AC m N88'33'16'E 53.80' a 92] 5FSp. 540 2\f�^� Aq el• 56- 6' L10 IN /P $. h�2°� OSq. 0.02 AC 1 75So61 21C EDj E 7112' Tom 10.03 d Ie W/ 250 //,y BO S. AS 6g. 2 2 E J N 0:u/ 7 U.9] AC D°v /5 9 T3 �\G, 1"a/¢Ge / Q- 41 21" 0 6 ff ^ 88'33'16"E 54. efi %�/ '$ 0 Dom / 3w� N 88_41_21"_ 0.69'o p f I 5i aF N88'41'24"E 55.51' 0 74 o� �2 s Fr i/ ZO°. 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ISBI lsaIRIFE MIDTOWN DELRAY RE -PLAT 1 MIDTOWN DELRAY RE -PLAT 1 LYING IN SECTION 25, TOWNSHIP 46 SOUTH, RANGE 42 EAST, CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, BEING A RE -PLAT OF A PORTION OF MIDTOWN DELRAY AS RECORDED IN PLAT BOOK 111, PAGES 87 THROUGH 90, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. GRAPHIC SCALE JULY, 2012 SHEET 4 OF 4 N CORNER OFSECTION 25, wm n TO SHIP 465, RANGE 42E L NTON BOULEVARD NORTH UNE OFSECTION 25, PER (NOIM— RVE HRESEPLAT (106' PUBLIC RIGHT-OF-WAY) TOWNSHIP 46S. RANGE 42E T — — — — (N V A L) (O.R.H_ 1565, PG_ 289) �825g2G I r I v zo IN )66111.84 E 945406.>3 � I u z.o "ETHI2" IRON ROD ALUM"" "' STAMPED SCHORAH AND ASSOCIATES PRM LBg2438 (TYPICAL) LIMITS OF THIS PLAT 766123 25 18 945 96. 8"f ti 68.06 \��lu nm 00 IF 005 AC �' 178'26'28"E ]e'61' 36 2- t. 1,1039 IF _ . 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O z cy9P0 DRIVE /rte) HAMMOCK S.W. 24TH LN. W V CANAL L-37 GARDEN DR. a SNE -- N SUBJECT PROPERTY MIDTOWN D E L RAY � REPEAT-1 DIGITAL BASE MAP SYSTEM -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\Z—LM 1001-1500\LM1008—Midtown Delray Replat-1 � PLANNING AND ZONING DEPARTMENT LOCATION MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 26, 2012 SUBJECT: AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 CONSULTING S.A. 12-02 / KIMLEY HORN AND ASSOCIATES, INC. ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute service authorization #12- 02 with Kimley-Horn and Associates, Inc (KHA) for post design services for the Federal Highway Enhancements Project #2009-009. The cost of this Service Authorization is $98,271.36. This item is contingent upon Community Redevelopment Agency approval of the Interlocal Agreement between the City of Delray Beach and the Delray Beach CRA for the US 1 Corridor Improvement Project. BACKGROUND As part of this service authorization, the consultant shall provide post -design services which include plan changes, design calculations, responses to requests for information (RFIs), review shop drawings, and coordinate with the utility companies during construction. The consultant shall perform field visits as requested by the City of Delray Beach to review the installation of landscape materials and irrigation systems. The Consultant shall also perform quarterly review during the one year warranty period of landscape materials. On December 13, 2012, the CRA is scheduled to meet and approve the Interlocal Agreement between the City of Delray Beach and the Delray Beach CRA for the US 1 Corridor Improvement Project. City Staff is currently negotiating a contract for Construction and Engineering Inspection Services (CEI) with the top ranked firm, R.J. Behar & Company, Inc. These services are required by the Florida Department of Transportation for all Local Agency Program (LAP) funded projects. FUNDING SOURCE Funding is as Follows: $98,271.36 from #334-3162-541.68-52 RECOMMENDATION Staff Recommends Approval CONSULTING SERVICE AUTHORIZATION DATE: May 14th, 2012 CONSULTANT: Kimley Horn and Associates, Inc. SERVICE AUTHORIZATION NO. 12-02 FOR CONSULTING SERVICES CITY P.O. NO. CITY EXPENSE CODE TITLE: US 1/SR 5 (FPID's 420412-1-58-01 & 420412-2-58-01 Federal Highway (SR 5/US 1) from South of SE 10th Street to North of George Bush Blvd CITY PROJECT NO. 2009-009 This Service Authorization, when executed, shall be incorporated in and shall become an integral part of the Contract between the parties as amended on July 18, 2007. I. PROJECT DESCRIPTION The City of Delray Beach and the Delray Beach CRA entered into contract with Kimley-Horn and Associates, Inc. ("KHA") to provide final design services for the referenced project on 12/8/2009. Kimley-Horn and Associates, Inc. ("KHA") is pleased to submit this service authorization request to the City of Delray Beach ("Client") for the performance of post design services. ii. SCOPE OF SERVICES Phase I — Study and Report Phase None. Phase II — Preliminary Design Phase None. Phase III — Final Design Phase None. Phase IV — Bidding/Negotiating Phase 1. The Consultant shall assist the City of Delray Beach in the bidding and review of bids as requested Phase V — Construction Administration 1. The CONSULTANT shall attend the "Pass the Torch" meeting, a pre -construction meeting, and progress meetings, as requested by the City of Delray Beach. Minutes of these meetings are the responsibility of the Construction Engineering Inspection firm. However, the Consultant should record, as a minimum, the items that require his response or action thereto. 2. The Consultant shall prepare design and plan changes if needed during the construction and as requested by the City of Delray Beach and provide the City of Delray Beach with copies of the plans and design calculations for implementation of the requested changes. 3. The Consultant shall provide engineering assistance in answering requests for information (RFIs). 4. The Consultant shall review shop drawings as requested for the Project. 5. The Consultant shall perform field visits as requested by the City of Delray Beach including review of the installation of landscape materials and irrigation systems. The Consultant shall also perform quarterly review during the one year warranty period for landscape materials. 6. The Consultant shall meet with utility companies as requested. ADDITIONAL SERVICES Upon your authorization, KHA will provide any additional services that may be required beyond those described in the scope of services above. These services may include but are not limited to such items as the following: • None SCHEDULE KHA will begin work upon receiving authorization from the City in accordance with a mutually agreed upon schedule. III. BUDGET Fee and Expenses KHA will perform the Services in Phase IV (task 1) and Phase V (tasks 1-6) for the total lump sum fee below. Fees will be invoiced monthly based on the actual amount of service performed and expenses incurred. Payment will be due within 25 days of your receipt of the invoice. Individual task amounts are informational only. Reimbursable Expenses billed under this contract could include: in-house duplicating, local mileage, facsimiles, postage, express delivery services, large -format color printing, construction drawing printing, specification printing, and other out -of house printing. Optional services will be billed on a lump sum basis after written authorization from City to start those services or a portion thereof. Additional services which may be identified as needed at a later time will be negotiated at that time. Phase IV (Task 1) & Phase V (Task 1 through Task 6 Lump Sum Fee) $ 90,992.00 Expense Allowance $ 7,279.36 Total Contract $ 98,271.36 IV. COMPLETION DATE This service authorization is approved contingent upon the City's acceptance of and satisfaction with the completion of the services rendered in the previous phase or as encompassed by the previous service authorization. If the City in its sole discretion is unsatisfied with the services provided in the previous phase or service authorization, the City may terminate the contract without incurring any further liability. The CONSULTANT may commence work on any service authorization approved by the City to be included as part of the contract without a further notice to proceed. Approved by: CITY OF DELRAY BEACH: Date Mayor Witness (Signature) Witness (Printed) Attest: Approved as to Legal Sufficiency City Attorney K:\BCD_Roadway\0000000_De1 ray 3 Ave\Contract\Scope_20120416_3rd Ave_MHM_Delray ed.rtf KIMLEY-HORN AND ASSOCIATES, INC. Date Lo (Seal) BEFORE ME, the foregoing instrument, this day of 2012_, was acknowledged by on behalf of the Corporation and said person executed the same free and voluntarily for the purpose there -in expressed. Witness my hand and seal in the County and State aforesaid this day of , 2012 Notary Public State of Florida My Commission Expires: WPI NO.: STATE PROJECT NO.: HIGHWAY TASK LIST N/A TYPE PROJECT: Post Design Services 420412-1-58-01 & 420412-2-58-01 BRIDGE LOCATION: N/A CONSULTANT NAME: Kimle -Horn and Associates, Inc. CONSULTANT PHONE NO.: 561-330-2345 ACTIVITY: A. POST DESIGN (t) 1 (2) (3) (4) (5) Federal Highway (SR 5/US 1) from South of SE 10th Street to PROJECT NAME North of George Bush Blvd LIMIT - FROM: MP 8.373 (8th Ave), MP 2.394 (5th Ave) LIMIT - TO: MP 10.802 (8th Ave), MP 0.000 (5th Ave) COUNTY: Palm Beach City Engineer Randal Kreicarek, P.E. FAX NO.: SUBACTIVITY: 1 - POST DESIGN SERVICES (6) (7) (8) TASK BASIS NO. OF HOURS NO OF TOTAL CADD OF UNITS /UNIT SHEETS HOURS HOURS EST. REMARKS 1. Post Design Reviews Review bids LS 1 12 12 Coordination with CEI & City LS 1 208 208 Estimate 4 hours per week for 12 months, 52 weeks Request for Information (RFI) Ea. 24 4 96 2 RFI per month X 12 months Shop Drawing Reviews Ea. 20 ( 120 12 submittals & 8 resubmittals SUBTOTAL 0 436 0 2. Miscellaneous Meetings Pass the Torch Ea. 1 8 8 2 people including travel Preconstruction Meeting Ea. 1 8 8 2 people including travel Progress Meeting Ea. 25 5 l25 1 meeting every 2 weeks, prep & follow up Field Reviews Ea. 12 3 36 as may be required from local office & follow up 3. Construction Record Drawings LS 1 16 16 Cursory review only, CEI to certify 4. Addendums/Plan Revisions LS 20 8 160 Assume 3 for WM, 2 for Signal, 3 for Lighting, 4 for Landscape, 2 for Signal and Marking, & 6 for Roadway TOTAL 0 789 0 PREPARED BY: Gin Ng, P.E. DATE: 05/14/12 PHONE NO.: TIME: City of Delray Beach Federal Highway Enhancements - Post Design Services PROPOSED STAFF HOURS AND FEE TASK ANALYST PROFESSIONAL SR. PROFESSIONAL TECHNICIAN PRINCIPAL SR. PRINCIPAL TOTAL HOURS $93.00 $125.00 $167.00 $85.00 $187.00 $225.00 Task I - Post Design Reviews Review bids 0.0 6.0 6.0 12.0 Coordination with CEI & City 120.0 68.0 20.0 208.0 Request for Information (RFI) 30.0 46.0 20.0 96.0 Shop Drawing Reviews 60.0 60.0 120.0 $0.00 $26,250.00 $30,060.00 $0.00 $0.00 $10,350.00 $66,660.00 Task 2 - Miscellaneous Meetings Pass the Torch 4.0 4.0 8.0 Preconstruction Meeting 4.0 4.0 8.0 Progress Meeting 60.0 65.0 125.0 Field Review 24.0 10.0 2.0 36.0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Task 3 - Constriction Record Drawings 10.0 6.0 $0.00 $1,250.00 $1,002.00 $0.00 $0.00 $0.00 $2,252.00 Task 4 - Addendums/Plan Revisions 116.0 40.0 4.0 $0.00 $14,500.00 $6,680.00 $0.00 $0.00 $900.00 $22,080.00 Total Labor Fee $90,992.00 Labor Fee $90,992.00 Expense Allowance (8.0%) $7,279.36 K:\BCD_Roadway\044300018_USI_Delrayfinal\KHA Files\Contmct\Post Design\[Fee Est_20120514_Amend#3_ Post design_US-1 Delray MHM.xls]Post design TOTAL LABOR FEE $98,271.36 Project #2009-009 US 1 Beautification Funding Project Costs Construction CEI Post Design Testing Total Costs Funding 448 442 Fed FDOT Developer Contribution ILA w/ CRA Sub -total Unfunded Balance 50/50 split CRA Contribution City Contribution Printed: 12/7/201211:04 AM $12,486,967.77 $1,256,607.00 $98,271.36 $150,000.00 $13,991,846.13 $700,000.00 $500,000.00 $2,189,840.00 $5,051,604.00 $178,734.00 $1,856,708.00 $10,476,886.00 $3,514,960.13 ($13,991,846.13 - $10,476,886.00) $1,757,480.07 ($3,514,960.13/2) $3,614,188.07 ($1,856,708.00+$1,757,480.07) $1,757,480.07 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\C2B876B9-5A86-43FD-ABD7- 6D9E258FADD2\PDFConvert.16412.1.2012-12-04_funding_breakdown.xlsx FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE US I CORRIDOR IMPROVEMENT PROJECT THIS FIRST AMENDMENT to the Interlocal Agreement dated November 8, 2011, between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and the CITY OF DELRAY BEACH hereinafter referred to as the "CITY", is hereby entered into this day of , 2012. WITNESSETH: WHEREAS, the CRA and CITY entered into an Agreement dated November 8, 2011 ("Original Agreement") to provide for the CRA to provide funding to the CITY for the improvements to be made to US Highway 1 within the CRA's Community Redevelopment Area (the "Project"); and WHEREAS, at its meeting of August 11, 2011, the CRA Board of Commissioners agreed to repay the financing that the CITY obtains for the Project costs up to an amount not to exceed One Million Eight Hundred Fifty Six Thousand, Seven Hundred Eight and 00/100 Dollars ($1,856,708.00), plus interest, subject to the terms and conditions of the Interlocal Agreement; WHEREAS, the lowest responsive bid obtained for the Project, along with the required Construction Engineering and Inspection (CEI) services, Post Design services and required testing increases the total Project cost by Three Million Five Hundred Fourteen Thousand, Nine Hundred Sixty Dollars and Thirteen Cents ($3,514,960.13), and the CITY and CRA have agreed to split the funding of this increased amount with the CRA paying 50% of the increased amount not to exceed One Million, Seven Hundred Fifty-seven Thousand, Four Hundred Eighty Dollars and Seven Cents ($1,757,480.07) resulting in the CRA's total maximum repayment of financing equal to Three Million, Six Hundred Fourteen Thousand One Hundred Eighty-eight Dollars and Seven Cents ($3,614,188.07), and WHEREAS, the parties desire to amend the Original Agreement in order to provide for the CRA to provide the additional funding in order to assist the CITY with the Project ("First Amendment") NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: herein. Recitals. The recitals set forth above are hereby incorporated as if fully set forth 2. That Section 2 of the Original Agreement is amended in its entirety, to read as follows: 2. The CRA shall repay funds borrowed by the CITY for the U.S. Highway 1 Corridor Improvement Project (the "Project"), as follows: a. One Million, Eight Hundred Fifty Six Thousand, Seven Hundred Eight and 00/100 Dollars ($1,856,708.00), plus b. Based on actual project costs the CRA shall pay 50% of the increased costs, up to a maximum, not to exceed amount of One Million, Seven Hundred Fifty-seven Thousand Four Hundred Eighty Dollars and Seven Cents ($1,757,480.07) plus c. Interest, subject to the terms and conditions contained herein. 3. That Section 3 of the Original Agreement is amended in its entirety, to read as follows: 3. Prior to obtaining the funds and agreeing to the repayment terms, the CITY shall first obtain the consent of the CRA, which such consent shall be granted if the terms and conditions of the repayment agreement provide for repayment as follows: An interest -only payment shall be made by the CRA in FY 12//13; principal and interest payments shall commence in FY 13/14 and shall be made over a period of approximately 10 years, with an interest rate comparable to the rate that the City pays for funds borrowed for this project. The CRA may provide this consent by written notification from the CRA Executive Director. The CRA shall provide 2 such consent no later than twenty (20) days following receipt of the written request by the CITY for such consent. 4. All other terms and conditions of the Original Agreement, not in conflict with this First Amendment, shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair (SEAL) The foregoing instrument was acknowledged before me this day of , 2012, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida 3 DNT:dnt H:\ GOV CLIENTS\DBCRA 655\060018 DBCRA\AGMT 2012\First Amendment to ILA with City (Federal Highway)REVI.docx 1N17� ■uu �i■ a '. ■ ■t �■ :1u■��= _ ■111 ■1■ 11 � I •� 1111, ■un■ u■ uuu a .m■ ■■■■�. m _ : ■■ .116 ■ _ •7 MENNEN MIS _ ■uuu ■ .1� �� Nlul_ n dl i_ in uu = ■rt+ ' 111mail — ■wll� 1rIIIIIIrIIP =MIAMI NI 111111 III vin rM ;I T _-=__: �■111=:-=*■1117 =--n � =■ � ■ ■ � 1'111 7 =111 .' :.:' IY1 �S 1S ��.H �_ J III' n. —� I i1 0 -- - -e==== - __ E _ _�'� u ini X51 ■ �v,i ■u s. IHIIIIII E' • =i aI•!H =r'-=_71111111-= 5 - =11111111° ir. � 11111_ ��=��n1u11rllum T WE __ __-..i ___ :__ ■u ■u Illpuu muuu I In u :, 1 w -s 1 1111 ■E11. - - S IIIPuu■ uuuun uin� MEMORANDUM TO: Mayor and City Commissioners FROM: Amy E. Alvarez, Historic Preservation Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 MULTI-PARTY AGREEMENT: CITY OF DELRAY BEACH/ CRA/ DELRAY BEACH PRESERVATION TRUST ITEM BEFORE COMMISSION The item before the City Commission is approval of a multi-party agreement establishing a new Neighborhood Sign Program. The agreement is between the City of Delray Beach (City), the Community Redevelopment Agency (CRA), and the Delray Beach Preservation Trust (DBPT). BACKGROUND The purpose of the attached agreement is to establish the Neighborhood Sign Program, available to all neighborhoods within the specified geographic area illustrated in Exhibit B. Funding assistance for the signage is available from the City, the CRA, and the DBPT. Neighborhoods will also be required to pay a portion of the sign costs. Eligibility for the program requires the neighborhood to host an event for the purpose of raising funds to be used towards purchase of the signs. RECOMMENDATION Approve the Multi -Party Agreement, as proposed. A MULTIPLE PARTY AGREEMENT FOR THE DELRAY BEACH PRESERVATION TRUST NEIGHBORHOOD SIGN PROGRAM THIS MULTIPARTY AGREEMENT is made this day of , 2012, by and between the CITY OF DELRAY BEACH, FLORIDA (hereinafter referred to as the "CITY"), the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY (hereinafter referred to as the "CRA"), and the DELRAY BEACH PRESERVATION TRUST, a Florida not- for-profit corporation (hereinafter referred to as "DBPT") (and collectively known as the "PARTIES"). WITNESSETH: WHEREAS, a Matching Grants Program is hereby created by the CITY, CRA, and DBPT; and, WHEREAS, the objective of the Matching Grants Program is to create a pleasant aesthetic, establish community pride, and promote a sense of place in local neighborhoods; and WHEREAS, the premise of the Matching Grants Program is to engage residents at a grassroots level and empower them as stakeholders in their own neighborhoods and community; and WHEREAS, the Matching Grants Program, as provided for in this Agreement, is consistent with the Delray Beach Community Redevelopment Agency Redevelopment Plan, furthers redevelopment within the CRA's Community Redevelopment Area, and serves a municipal and public purpose; and NOW, THEREFORE, for the Mutual Promises and Covenants herein contained, the Parties agree as follows: 1. Recitations: The Recitations set forth above are incorporated herein. 2. Definitions: (a) "Historic District" means one of the five districts within the City of Delray Beach designated as a historic district in the Local Register of Historic Places. The five areas are highlighted on Exhibit C and are known as: (i) Nassau Park; (ii) Marina; (iii) Old School Square; (iv) Del -Ida Park; and (v) West Settlers. (b) "Neighborhood" means, in the case of a Historic District, the Historic District itself, without further division into smaller neighborhoods. In the case of any other area within the boundary of Exhibit B, the term means whatever the City deems appropriate. (c) "CRA Boundary" means the areas within the boundary of Exhibit "D", which is attached hereto and incorporated herein by reference. 1113 (d) "Program Boundary" means the areas within the boundary of Exhibit "B" which is attached hereto and incorporated herein by reference. 3. Program Specifications: (a) The Matching Grants Program ("Program") is to be utilized for neighborhood signage within the Program Boundary. (b) Neighborhood residents desiring to participate in the Program shall complete the application attached hereto as "EXHIBIT A", and shall submit the application to the DBPT. Following approval of the application, and after the Neighborhood's fundraising event, the Neighborhood shall submit, a check to the DBPT for Five Hundred Dollars ($500) payable to "City of Delray Beach.". (c) Each neighborhood sign is expected to cost between One Thousand, Two Hundred Dollars and One Thousand, Five Hundred Dollars ($1,200.00 - $1,500.00). (d) The first funds that shall be used to pay the cost of any sign installed pursuant to the Program shall be the Five Hundred Dollars ($500) collected from a Neighborhood that has submitted a proper application. The remaining cost of any sign shall be paid by the DBPT, the CRA, and/ or the CITY as outlined in the remaining paragraphs of this Section. (e) With respect to any Neighborhood inside the Program Boundary but not inside either the CRA Boundary or a Historic District: The CITY shall pay all remaining costs of the sign up to a maximum required expenditure of One Thousand Dollars ($1,000) per sign. (f) With respect to any Neighborhood inside the CRA Boundary that is not an Historic District: The CRA and the CITY shall each pay fifty percent (50%) of all remaining costs of the sign, up to a maximum required expenditure for each entity of Five Hundred Dollars ($500), per sign. (g) With respect to the Del -Ida Park, West Settlers, and Old School Square Historic Districts: The CRA and the DBPT shall each pay fifty percent of all remaining costs of the sign, up to a maximum required expenditure for each entity of Five Hundred Dollars ($500), per sign. (h) With respect to the Marina Historic District: The DBPT shall pay fifty percent (50%) of the remaining cost of the sign up to a maximum of Five Hundred Dollars ($500.00), for those signs located within the CRA Boundary, the CRA shall pay fifty percent (50%) of the remaining cost of the sign up to a maximum of Five Hundred Dollars ($500.00). For those signs that are located outside the CRA Boundary, the CITY shall pay fifty percent (50%) of the remaining cost of the sign up to a maximum of Five Hundred Dollars ($500.00). 2/13 (i) With respect to the Nassau Park Historic District: The DBPT and the CITY shall each pay fifty percent (50%) of all remaining costs of the sign up to a maximum required expenditure for each entity of Five Hundred Dollars ($500), per sign. (j) Subject to the execution of a written amendment to this Agreement executed by all parties to extend the Program, the parties may agree to annual renewals of this Program. (k) A Neighborhood may participate in the program only once, per year. Signs will be installed on a first-come, first -serve basis and are dependent upon the availability of funds from the DBPT, the CRA, and the CITY each year. Each participating entity is under no obligation to move forward with the installation of a particular sign if funds contained in their respective program budget for the year has already been met. 4. City Responsibilities and Rights: The CITY shall: (a) The CITY shall receive all Program requests from the DBPT which will include a copy of the complete application requesting to participate in the Program. (b) The CITY shall process all requests for sign approval, either administratively, or through the applicable local board, as appropriate. Upon approval of all requests, the CITY shall notify the DBPT and the CRA. (c) The CITY shall receive funds from the CRA and/ or the DBPT to purchase approved signage prior to such purchase. (d) The CITY shall issue the purchase order for fabrication and installation of the approved signage within fourteen (14) days of receiving all funds. (e) The CITY shall be responsible for installing signage. All signposts will be substantially identical to the recently installed boundary sign in the Marina Historic District located approximately one hundred thirty-five (135) feet west of the intersection of SE 1st Street and SE 7th Avenue. The DBPT shall provide the CITY with specifications for same. Each neighborhood receiving a sign will be responsible for the graphic design of its sign, as long as the form of the sign is substantially identical to the aforementioned sign. 5. CRA Responsibilities and Rights: The CRA shall pay to the CITY an amount not to exceed of Five Hundred Dollars ($500.00) for each sign approved pursuant to a properly processed application for those neighborhoods located within the CRA district boundaries as provided in Paragraph 3 above. 3/13 6. Delray Beach Preservation Trust Responsibilities and Rights: The DBPT shall receive and review all applications, and then submit to the CITY all properly completed Neighborhood applications and required Neighborhood checks. 7. Notices: Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by certified mail, return receipt requested. All notices shall be addressed to the following: As to the CRA: Community Redevelopment Agency Diane Colonna, Director 20 North Swinton Avenue Delray Beach, FL 33444 As to the Delray Beach Preservation Trust: Delray Beach Preservation Trust Donna Sloan, Matching Grants Chair 455 NE 5t" Ave., Ste. D-250 Delray Beach, Florida 33483 As to City: David Harden, City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 With Copy to: Amy E. Alvarez, Historic Preservation Planner City of Delray Beach 100 NW 1St Avenue Delray Beach, FL 33444 8. Term: This Agreement entered into by and between the PARTIES and executed by the PARTIES on the date set forth above shall be for a term of one year from the date the last party executes this Agreement. The PARTIES may agree to renew this Agreement on an annual basis through the execution of a written amendment to this Agreement executed by all PARTIES. 9. Termination: This Agreement may be terminated by any one party by providing thirty (30) days advanced written notice to the other two (2) parties. Further, before the expiration of the thirty (30) day notice period, the CITY shall reimburse the CRA and the DBPT for any Funds provided to the CITY pursuant to this Agreement that have not been expended by the CITY for purposes authorized by this Agreement.. 4/13 10. Governing Law; Remedies; Venue: This Agreement shall be governed by the laws of the State of Florida. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. The parties hereto may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. Exclusive venue and jurisdiction shall be in Palm Beach County. 11. Liability: The PARTIES recognize their respective liability for certain tortious acts of their agents, officers and employees, and agree to be responsible respectively for all claims, liability, losses, and/or causes of action that may arise from any negligent act or omission due to the acts of its agents, servants, or employees, to the extent and limits provided by law, the CITY and CRA being subject to the limits provided in Section 768.28, Florida Statutes, the State of Florida's partial waiver of Sovereign Immunity; provided, however, that this provision shall not be construed as a waiver of any right or defense that any of the PARTIES have under said statute. 12. Captions: The captions and section designations herein set forth are for convenience only and shall have no substantive meaning. 13. Severability: If any term or provision of this Agreement, or the application thereof to any person or circumstance, shall to any extent be held invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision, to any person or circumstance other than those as to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 14. Entirety of Agreement: This Agreement and Exhibits hereto, which are incorporated herein by reference, represents the entire understanding between the CITY, the CRA, and the DBPT and supersedes all other negotiations, representations or agreements, either written or oral. 15. No Third Party Beneficiaries: This Agreement is made solely and specifically among and for the benefit of the PARTIES hereto, and no other person or entity shall have any rights, interest, or claims hereunder or be entitled to any benefits under or on account of this Agreement as a third -party beneficiary or otherwise. 16. No Interpretation Against Drafter: No party shall be considered the author of this Agreement since the PARTIES have participated in extensive negotiations and drafting and redrafting of this document to arrive at a final Agreement. Thus, the terms of this Agreement shall not be strictly construed against one party as opposed to another party based upon who drafted it. 17. Amendment: Except as otherwise provided for in this Agreement, this Agreement may be modified and amended only by written instrument executed by the PARTIES hereto. 5/13 18. Equal Opportunity Provision: The PARTIES agree that no person shall, on the grounds of race, color, sex, national origin, disability, religion, ancestry, marital status, sexual orientation or gender, gender identity or expression be excluded from the benefits of, or be subjected to any form of discrimination under any activity carried out by the performance of this Agreement. 19. Waiver: No waiver of any provision of this Agreement shall be effective against any party hereto unless it is in writing and signed by the party waiving such provision. A written waiver shall only be effective as to the specific instance for which it is obtained and shall not be deemed a continuing or future waiver. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first above written. Attest: City Clerk Approved as to Form: City Attorney WITNESSES (Print or Type Name) (Print or Type Name) Approved as to Form and Legal Sufficiency: CRA Attorney CITY OF DELRAY BEACH, FLORIDA David T. Harden, City Manager COMMUNITY REDEVELOPMENT AGENCY 0 6/13 Howard Lewis, Chairperson WITNESSES: DELRAY BEACH PRESERVATION TRUST 0 (Print or Type Name) (Print or Type Name) STATE OF FLORIDA COUNTY OF JoAnn Peart, President The foregoing instrument was acknowledged before me this day of , 2012, by (name of person acknowledging), who is personally known to me or who has produced as identification. (type of identification) Signature of Notary Public — State of Florida 7/13 *:/:11:]Idv_l% MATCHING SIGN PROGRAM APPLICATION PI�SER V _ YAP err ��C A D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY "D oin'G ood Th TheN eighboihood" D ouble M atohing G Pants Program forN eighbo2hood Signage G uidelines The double m atrhing grants program aw ardsdoublem atching grants up t:) $1000.00 peryearto residential neighboillood associations for neighboihood identification signs (and other im provem ents w /conditions). A 11 neighborhoods East of I-95, South of the Boynton Beach Border, and N orth of SE /W 10'" Streetare eligible. Participating neighboilloods must raise their portion of the signage funding by organizing and hold a fundraiser (pre -approved through this program ) N eighboihood identification signs m ust be designed to create a unique identity for the neighborhood and be (20"w x 30"h). A 11 sign locations m ust be either on public property or approved prikrate property abutting a public roadw ay (w ith express w ritten peen ission from tine property ow ner) . The signs w ill utilize a standard post design, w hick w ill be consistent throughoutthe city (see attached) . The neighbofhood w illbe required tr:) plan and take responsibility for ongoing m aintPnance of the sign. A ny dollars spent in the process of obtaining quotes are not rein bursable. The C ity of D elray Beach purchasing policiesw illapply. P articip ation R equ irem en is The applicantm ust... • Satisfy all requiran ents in A pplication Part O ne (including "D esrxiptbn of Proposed Fundraiser") . • Satisfy all requiran ents in Application Part Two, (including detailed inform ation on item , num bens 1a. through 4. • D em onstrate Resident A pproval of the proposed design and location (s) through the m inutes of a neighborhood m eeting or obtain signatures on a petition. (Either of w hich m ay be included as an attachm entw ith the com pleted application) . • O btain A pprovalby the C ily of proposed sign placan ent (i PB, SPRA B as pplicable) • Enter int:) a C ontractw ith the approved vendorparticipating in this program . 8/13 G�rxESERv _ �_:��• �4�P�u:_Y, Ate.. �O� �� I CRA DfLRAY BEACH COMMUNITY REDEVELOPMENT AGENCY inr�wMourem r AS rear "D oin'G ood Th The eighboi�hood" D ouble M atching G rants Program forN eighboi�hood Signage Application PartO ne N eighboi�hood A ssociation N am e: L ead C on tact P erson and T itle : A ddress: Telephone: Em ailA ddress: D ate of Proposed Fundraiser: D escription of Proposed Fundraiser: (Please PrintorType and feelfree tD attach additional infbnn ation) 9/13 • PGK PRESER4 _ ��■� C �� A- RA A t D E L R A Y BEACH COMMUNITY REDEVELOPMENT AGENCY inr.wq Durem r AS rem "D oin' G ood In The N eighboi±lood" D ouble M atching G rants Program ferN eighbozhood Signage Application PartTw o P lease provide on separate page (s) and attach hereto. 1) A detailed draw ing Oaard copy and PD F) of the proposed N eighboi�hood M aster Plan. The N eighboi!hood M aster Plan m ust be draw n tz) scale and m ust show locations of all Signs (proposed and/or already installed) as well as the location of the sign b:) be funded by this application. K ote: Signage Site lighting is strongly encouraged butnotrequired) . 2) A detailed draw ing bard copy and PD F) of the proposed Signage G raphics. The Signage G raphics m ustbe draw n tD scale and m ustbe proportioned t:) fit (20"w x 30"h). The Signage G raphicsm ustbe draw n in colorand actual color chips (sam pies) and colorspecificationsm ust also be provided. A 11 signs w ill utilize a standard post design, w hich w ill be consistent throughoutthe city (see attached) .N ote: all subsequent signs are required tD m atrh initialsign . 3) The nam e, address, and contact infbi n ation of the designated ProjectM anager, responsible for adm inistration of the grant and completion of the protect (if different from Part O ne of the A pp licat bn) . 4) The neighborhood's plan forongoing Sign M aintenance. 5) Bank Statem ents exhibiting an am ountatleast equal tn the am ountindicated on application under "A m ountof Funds Raised" below . Am ountofFunds Raised: If raid funds eKcs9d $500 ., their m ay be rolled over tD follcw ing Y ear (s) G rantA pplicaticaz and m ay be applied for at this tin e. Am ount of G rant Funds R equested: m atd-dag grants based cn up t:) $500 raid peryear) . Project Endorsement Signature HOA President / Authorized Representative Printed Name Date 10/13 N of bD Exceed $1000.00 in double Contact Information Donna Sloan, Matching Grants Chair Delray Beach Preservation Trust 455 NE 51h Ave., Ste. D-250 Delray Beach, Florida 33483 Donna@Sloandesign.Biz (561) 243-8755 EXHIBIT "B" PROGRAM BOUNDARY MAP . Vil J4 WE r-= 11/13 I EXHIBIT "D" CRA BOUNDARY MAP liffillilinflillil Illi11.1111 11 II/ =41101 40 N COMMUNITY REDEVELOPMENT AGENCY BOUNDARY 1 13113 MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 RESOLUTION NO. 60-12 ITEM BEFORE COMMISSION Approval of Resolution No. 60-12 to name the north -south public alley located east of NE 3rdAvenue, between NE 3rd Street and NE 4th Street "Artists Alley". BACKGROUND The City Commission was given a presentation by Shirley Talbert, CHME, CDME, Chief Marketing Officer of the Palm Beach County Convention & Visitors Bureau on October 2, 2012. Ms. Talbert described the area known as "Artists Alley" as "a group of individuals who have invested their time and financial resources to build and market the area; an authentic and thriving colony of artists working together to inspire artistic expression, incubate new artists, create innovative artwork and enrich the destination through engagement in the arts." She further offered a background on the trend in Palm Beach County to create unique experiences for our visitors and locals alike to enjoy authentic, home grown artwork, mentioning efforts in Northwood, Lake Worth, Boynton Beach, and now here in Delray Beach. It is noted that there was overwhelming support for the naming of the alley to "Artists Alley" evidenced by a number of signed petitions and consent forms from property owners along both the east and west sides of the alley. Attached is an exhibit that shows all properties along both the east and west sides of the alley with a legend that identifies the owners and their current addresses (see attachment). All of the current properties have addresses either along NE 3rd Avenue, or along NE 4th Street; therefore, naming of the alley as "Artists Alley" will have no negative impact on currently assigned addresses, emergency response as relates to our 9-1-1 system, changing of records with the Palm Beach Appraisers Office, or with established stationery of current businesses. The Police Department offered no concerns so long as the final determination by the City Commission is communicated to them. This will allow for their CADD system to be updated with this new reference name, should any future calls for assistance be made for "Artists Alley". REVIEW BY OTHERS On November 19, 2012, the Planning and Zoning Board recommended approval on a 5-0 vote the naming of the subject alley "Artists Alley". RECOMMENDATION Approval of Resolution No. 60-12 to name the north -south public alley located east of N.E. 3rd Avenue, between N.E. 3rd Street and N.E. 4th Street "Artists Alley". RESOLUTION NO. 60-92 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, NAMING THE ALLEY FROM NE 3RD STREET TO NE 4TH STREET, BETWEEN NE 3RD AVENUE AND THE FEC RAILROAD TRACK "ARTISTS ALLEY"; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Delray Beach owns the north -south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad track; and WHEREAS, the property owners along the alley would like to rename this alley "Artists Alley" to designate it as an area where artists work together to inspire artistic expression, incubate new artists, create innovative artwork, and enrich the destination through engagement In the arts. WHEREAS, Property owners along the alley have signed petitions and consent forms in support of this name change. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the above recitals are incorporated as if fully set forth herein. Section 2. That the north -south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad track be named "Artists Alley". Section 3. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED in regular session on this the day of December 2012. MAYOR ATTEST: City Clerk PLANNING AND ZONING BOARD STAFF REPORT MEETING DATE: NOVEMBER 19, 2012 AGENDA NO: V.A. AGENDA ITEM: NAMING OF EXISTING PUBLIC ALLEY AS "ARTISTS ALLEY" ITEM BEFORE THE BOARD The item before the Board is to make a recommendation to the City Commission on the naming of an existing public alley as "Artists Alley". The alley extends one block and runs north from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad tracks within Block 89 of the Town of Delray. Pursuant to Land Development Regulations Section 6.1.12(B), the City Commission makes a final determination on the naming of streets after first receiving a recommendation from the Planning and Zoning Board. BACKGROUND/HISTORY In 1989, the City held a "Street Name Auction" as a fundraiser for Old School Square. Fourteen local streets and alleys were offered for naming, with the choice of the names going to the highest bidders. On January 25, 1994, the City Commission adopted the following policy: "It is the policy of the City Commission of the City of Delray Beach, Florida not to entertain requests for the changing of street names in order to recognize or honor individuals. " The adoption of this policy was in part due to problems that were experienced in the renaming of streets for the Street Name Auction. However, this policy does not apply to alleys, which typically are not currently named nor do they have properties addressed on them. ARTISTS ALLEY On October 2, 2012, the City Commission was given a presentation by Shirley Talbert, CHME, CDME, Chief Marketing Officer of the Palm Beach County Convention & Visitors Bureau. She is also a board member of the Pineapple Grove Arts District. She offered a background on the trend in Palm Beach County to create unique experiences for our visitors and locals alike to enjoy authentic, home grown artwork, mentioning efforts in Northwood, Lake Worth, Boynton Beach, and now here in Delray Beach. Ms. Talbert described the area known as Artists Alley as "a group of individuals who have invested their time and financial resources to build and market the area; an authentic and thriving colony of artists working together to inspire artistic expression, incubate new artists, create innovative artwork and enrich the destination through engagement in the arts." Specific goals mentioned by Ms. Talbert included: 1. To implement interim enhancements to the alley until completion of city streetscaping plans; Planning and Zoning Board Meeting, November 19, 2012 Naming of Artists Alley 2. To provide a clean and safe environment for artists, art patrons and visitors to Artists Alley; 3. To raise awareness of the Pineapple Grove Arts District; 4. To support Delray Beach as an art and cultural destination; and 5. To officially name the alley "Artists Alley". STAFF ANALYSIS It is noted that overwhelming support was gathered for the naming of the alley to Artists Alley evidenced by a number of signed petitions and consent forms from property owners along both the east and west sides of the alley. Staff prepared an exhibit that shows all properties along both the east and west sides of the alley with a legend that identifies the owners and their current addresses (see attachment). All of the current properties have addresses either along NE 3rd Avenue, or along NE 4th Street; therefore, naming of the alley as Artists Alley will have no negative impact on currently assigned addresses, emergency response as relates to our 9-1-1 system, changing of records with the Palm Beach Appraisers Office, or with established stationery of current businesses. Upon speaking with a communications manager at the Police Department, staff learned there were no concerns so long as the final determination by the City Commission is communicated to them. This will allow for their CADD system to be updated with this new reference name, should any future calls for assistance be made for "Artists Alley". ALTERNATIVE ACTIONS A. Continue with direction. B. Move a recommendation of approval to the City Commission to name the north -south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad track, as Artists Alley, in accord with LDR Section 6.1.12(B). C. Move a recommendation of denial to the City Commission to name the north -south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad track, as Artists Alley, in accord with LDR Section 6.1.12(B). (motion to be made in the affirmative). RECOMMENDED ACTION Recommend approval to the City Commission to name the north -south alley that runs from NE 3rd Street to NE 4th Street, between NE 3rd Avenue and the FEC Railroad track, as Artists Alley, in accord with LDR Section 6.1.12(B). Attachment: Artists Alley -aerial exhibit, property owners and street addresses 2 NiE 4TH STREET tip W 1 1 w tw - =- z 2 3 Y 5 1,2 - : co .. s, - � i 7 13 w 8 � .z 1 4 ' j t11 r r z Q- r 10 NE 3RD STRIElET 1 h LTHOSE EL PETERSON - 387 NE 3RD AVE. 9. FREDERICK GUSTAFSON - 319 NE 3RD AVE. OS MORRIS - 381 E 3RD AVE. 10. SECRET PALATE - 301 NE 3RD AVE. EL POWERS - 3f3 NE 3RD AVE. 11. CAROLE PROPERTIES - 302 NE 4TH ST. DIXIE ENTERPRIZ S - 367 NE 3 D AVE. 12. CAROLE PROPERTIES - 350 NE 4TH ST. F DELRAY BEACH - 353 NE 3R AVE. 13. CAROLE PROPERTIES - 358 NE 4TH ST. FALKAN TEXAN - 345 NE 3R AVE. 14. DELRAY BEACH CRA - 313 NE 3RD ST. TULLOS - 333 NE 3RD AVE. 15. DELRAY BEACH CRA - 250 NE 3RD AVE. MAN WATER TREA MENT - 325 WE 3RD AVE. CITY of DELRAY BEACH ARTISTS ALLEY PLANNING AND ZONING DEPARTMENT Alk 100 NW 1ST AVENUE, DELRAY BEACH, FLORIDA 33444 NORTH LOCATION MAP MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 AMENDMENT NO.2 TO THE CONTRACT FOR SALE AND PURCHASE: 2707 S.W. 2ND STREET ITEM BEFORE COMMISSION Staff requests City Commission approval of Amendment No. 2 extending the closing date to January 15, 2013 for the sale of Neighborhood Stabilization Program property located at 2707 SW 2nd Street, Delray Beach, FL 33445 to the eligible homebuyer, Santiago Gutierrez. BACKGROUND The City Commission approved the sale of NSP property to Santiago Gutierrez at the August 21, 2012 Commission meeting. The Commission approved Amendment No. 1, November 13, 2012, which extended the closing date to November 30, 2012. Unfortunately, the bank changed loan officers, which has delayed the closing process. The City of Delray Beach desires to sell the subject property to Santiago Gutierrez for the purchase price of One Hundred Thousand Dollars and 00/100 cents ($100,000.00) or appraised value and provide subsidy up to $25,000 secured by promissory note and second mortgage, said property being described as follows: THE WEST %4 OF LOT 8, IN BLOCK 2, OF HOMEWOOD LAKES SECTION C, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 44, AT PAGE 196-197, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RECOMMENDATION Staff recommends City Commission approval of Amendment No. 2 to extend the closing date to January 15, 2013 for the sale of Neighborhood Stabilization Program property located at 2707 SW 2nd Street, Delray Beach, FL 33445 to Santiago Gutierrez. AMENDMENT NO. 2 TO CONTRACT FOR SALE AND PURCHASE THIS AMENDMENT NO. 2 to the contract dated August 27, 2012 ("Agreement"), between the CITY OF DELRAY BEACH, FLORIDA, ("Seller") and SANTIAGO GUTIERREZ ("Buyer"), is hereby entered into this day of Agreement as follows: WITNESSETH: , 2012, and amends the WHEREAS, the parties previously entered into a contract for the sale and purchase of a parcel of land in Delray Beach, Florida; and WHEREAS, the closing date will expire soon; however, the parties wish to extend the closing date to the date as indicated in this Amendment. NOW, THEREFORE, in consideration of the mutual promises and covenants, the parties agree as follows: 1. The closing date as stated in Paragraph 4 of the Agreement is extended to January 15, 2013. 2. All other terms and conditions of the Agreement not in conflict with this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Contract for Sale and Purchase the day and year first above written. ATTESTED BY: City Clerk CITY OF DELRAY BEACH, FLORIDA Dated: Nelson S. McDuffie, Mayor WITNESSES: SANTIAGO GUTIERREZ Printed Name: Dated: Printed Name: MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 7, 2012 SUBJECT: AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LANDSCAPE MAINTENANCE AGREEMENT/101 S.E. 2ND AVENUE ITEM BEFORE COMMISSION Request Commission approval of the Landscape Maintenance Agreement between the property owners and the City for tree replacement within the right-of-way at 101 SE 2nd Avenue. BACKGROUND The owners of the property would like to remove five (5) existing Gumbo Limbo trees and replace with five (5) new Oak trees. The existing trees are located in landscape islands within the right-of-way and are in fairly poor condition. The owner has agreed to maintain the plant material in perpetuity and has submitted a signed City of Delray Beach landscape maintenance agreement. RECOMMENDATION Staff recommends the City Commission approve the owner's request to install the proposed trees in the City right-of-way by executing the Landscape Maintenance Agreement. Prepared by: RETURN: R. Brian Shutt, Esq. City Attorney's Office 200 N.W. 1 st Avenue Delray Beach, FL 33444 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT is made this 6th day of December, 2012 by and between the City of Delray Beach, Florida ("City") and Susan Wieland ("Owner"). WITNESSETH: WHEREAS, in order to provide landscaping in the City, the City Commission has adopted ordinances setting forth requirements for landscaping; and, WHEREAS, in order to comply with the City's landscape Ordinance the Owner shall be allowed to install landscaping material in the right-of-way of SE 2nd Avenue pursuant to the terms of this Agreement; and, WHEREAS, this Agreement shall in no way be deemed an actual, constructive or any other type of abandonment by the City of the public right-of-way of SE 2°a Avenue; and, WHEREAS, the City reserves the right at any time to utilize the right-of-way for right-of- way ight-of way purposes; and, WHEREAS, the public will benefit from the beautification of areas along its streets by the addition of landscaping; and, WHEREAS, this Agreement is not effective unless the Owner has submitted a landscape plan and it has been approved by the City; and, WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. The Parties hereby represent and warrant that the above recitals are accurate and correct and hereby incorporate them in this Agreement. 2. The Owner shall perform all conditions as required by the City or any Board of the City in conjunction with the site plan and review process for the required installation and maintenance of the landscaping. The subject property, further described in Exhibit "A", shall have an approved landscape plan, Exhibit "B", attached hereto and incorporated herein by reference. 3. The Owner shall be responsible for purchasing and installing all plant, tree, hedge or grass material or any other material as required by the Owner's approved landscaping plan. Owner shall further be responsible for obtaining all permits and approvals from all applicable governmental agencies. 4. The Owner hereby agrees to maintain the plantings in the right-of-way in accordance with the City's Ordinances and the terms and conditions of this Agreement. The Owner shall be responsible to maintain, which means the proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper height; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade, not necessarily the same plant but of acceptable quality to the City and the Owner, as specified in the original pians and specifications and of a size comparable to those existing at the time of replacement. To maintain also means to keep litter removed from the landscaped areas in the right-of-way. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. 5. If at any time after the execution of this Agreement by the Owner, it shall come to the attention of the City that the landscaping is not properly maintained pursuant to the terms and conditions of this Agreement then the City may at its option issue a written notice that a deficiency or deficiencies exist, by sending a certified letter to the Owner. Thereafter, the Owner 2 shall have a period of thirty calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the City may at its option, proceed as follows: (a) Maintain the landscaping or part thereof, and invoice the Owner for expenses incurred. (b) Terminate this Agreement and require the Owner to comply with the City's current Ordinance on landscaping. (c) Cite the Owner for failure to comply with the City's Ordinances. 6. At all times hereto, the Owner shall own and maintain all landscaping installed in the right-of-way by the Owner. 7. If for any reason the City decides that it needs the right-of-way of SE 2nd Avenue or for any other public purpose this Agreement shall terminate, and the Owner shall be required to comply with the City's current Code of Ordinances regarding landscape requirements. Owner shall remove all landscaping from the right-of-way within 20 days of such notification, if so requested by the City. g. The Owner shall indemnify and hold harmless the City, its officers and employees from all suits, actions, claims and liability arising solely out of the Owner's installation and maintenance of landscaping in the City's right-of-way. 9. This Agreement shall constitute the entire Agreement of the parties with respect to the subject matter of it. All prior understandings and agreements between the parties with respect to such matters are merged into this Agreement, which alone fully and completely expresses their understanding. 10. This Agreement may not be assigned or transferred by the Owner, in whole or part without the written consent of the City. 11. This Agreement shall be binding on the Parties, their respective heirs, successors, legal representatives, and permitted assigns and shall be recorded in the Public Records of Palm Beach County and shall run with the land. 12. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed on their behalf this 6t' day of December, 2012. 91 ATTEST: City Clerk Approved as to legal form and sufficiency: City Attorney WIT JEES.:01,11 (Print or Type Name) (Print or Type Name) STATE OF V1 { j+( j COUNTY OF c, f CITY OF DELRAY BEACH, FLORIDA U01A Mayor (OWNER) 2j�� / �7 san ieland (Pri or Type Name) The foregoing instrument was acknowledged before me this day of 'ar4u 20f?!�, by SuSao I,0I,e.lrt , as aol'w r (name of officer or agent, title of officer or agent), of I() 1_ (name of corporation acknowledging), aoy� cop (state or place of incorporation) corporation, on behalf of the corporation. He/She is ersona y o to me or has produced (type of identification) as idents ication. JESSICA MARZ NOTARY PUBLIC STATE OF FLORIDA Comm# EE165419 Expires 117/2015 Signa e of Person Taking cknowledgment v Name Typed, Printed or Stamped KRENT WIELAND DESIGN, INC. 101 Southeast Second Avenue Delray Beach, Florida 33444 1561.243.1973 f 561.243,1874 a admin a@kwdesignmet w www.kwdesign_net Les -MI -17tos- All that oars of B ock a5 ia.tae wicv o: aelray BelztFlorida, Ra raerly town %? 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GF�P M.e`. t4 SYM� 10.i aMaY aVl� PI•r•/aa0�4trM ae-Ala) CaPI/rpWas�.nel G wd MMmMR LLt�mmna U .VJ Q a� cd W S.E. 2ND AVENUE PLANT SCHEDULE .�ratWtK '. '.. ' acaral tle: rllo,itaaa �' plgMan DA aea�9r• K11YbA � iV'M ,b• � pv.1c u�rpa� �mier. a ore YU ��II �m1nrl an ��rbMR �Mre�ya.�c� L-1 Amn�ruo mxs g�p� eorw'. GWei.�.wa' �prr }F3Mlom wwx Lk a � � a as 5KE � ao..r.. SU PAe ^waAna aaAyO+� Masam olsmroroanw+ 0a51a1GT0 afJ.YiN y� mr�ind—' 3Si �' 9b.iar[Tml. wA:u 'E�6' �' R•Gr. � £K s..a �Anw�—a> SaYt n. o-.�axsna. 'amens ere m it cr, a atim srn rrAwe eae rom bso ,r io•s.r. �'��"-�$�—'� -` �� 5a+r. lura �cm 3..•w• S• � pno neuarmm...s s.xrv,,,.Nw amuoe arm a.s-l• a• a ISSUED TO CITY 12/4/12 KRENT WIEL.AND DESIGN, INC. .m ewar.w e.cma Arm+. GF�P M.e`. t4 SYM� 10.i aMaY aVl� PI•r•/aa0�4trM ae-Ala) CaPI/rpWas�.nel G wd MMmMR LLt�mmna U .VJ Q a� cd W lOt, Honor '. '.. ' acaral tle: rllo,itaaa �' plgMan DA aea�9r• K11YbA LANDSCAPE PLAN EXHIBIT B L-1 0 10 10 so 40 50 a 0 sn..l. WAU T +90'0• ND" —.—. MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./ 614 S.W. 6TH AVENUE ITEM BEFORE COMMISSION Request City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property donated to the Delray Housing Group, Inc. BACKGROUND The Delray Housing Group, Inc is the beneficiary of Neighborhood Stabilization Program properties, pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and transfer of 614 SW 6th Avenue, Delray Beach, FL 33444. The Land Use Restriction Agreement establishes that the Delray Housing Group, Inc. shall own the above property with a covenant on the land and unit, requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. This Agreement will be recorded in the Public Records of Palm Beach County, Florida. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring DEO recommended the City record declaration of covenants and restriction to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 614 SW 6th Avenue, Delray Beach, FL 33444 donated to the Delray Housing Group, Inc. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 15` Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Delray Housing Group, Inc. (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 614 SW 6th Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Owner assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. Owner will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and V. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1 St Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. 2 Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. ATTEST: Office of City Clerk St a OWNER By: Print Name: Title: By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission SM Mayor Date of Execution: Attachment A Real property located at 614 SW 6th Avenue, Florida 33444 generally described as: Lot 21, Block 5, ROSEMONT PARK, according to the Plat thereof, as recorded in Plat Book 13, at Page 60 of the Public Records of Palm Beach County, Florida. C! MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 530 N.W. 48TH AVENUE ITEM BEFORE COMMISSION Request City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for the property located at 530 N.W. 48th Avenue for single-family homeownership. BACKGROUND The following homeowner is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and sale of 530 NW 48th Avenue, Delray Beach, FL 33444 to Jean L. Nelan. The Land Use Restriction Agreement establishes that the homeowners shall comply with certain use restrictions as a beneficiary of the purchase. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record a declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 530 NW 48th Avenue, Delray Beach, FL 33444 for single family homeownership. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW ist Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Jean L. Nelan(hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding9 for the acquisition, rehabilitation and resale of the property located at 530 NW 47t Avenue, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1, Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner -occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Jean L. Nelan 530 NW 47th Avenue Delray Beach, Florida 33444 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 2 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations . contained herein by execution of this agreement, in duplicate, this. WITNESSES ATTEST: Office of City Clerk OWNER By: Print Name: L -J Title: Print Name: Phone Number:r�i —�;4 J Date: -/0 CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: BY Mayor Date of Execution: 3 Attachment A Real property located at 530 NW 47th Avenue, Florida 33444 generally described as: A PORTION OF LOT 6, BLOCK 5, PINE TRAIL SECTION TWO, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 32, PAGE 153 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 6; THENCE RUN N. 63 DEGREES 03' 03" W. 113.36 FEET ALONG THE NORTH LINE OF SAID LOT 6; THENCE RUN S. 26 DEGREES 13' 46".W. 43.54 FEET ALONG THE WESTERLY LINE OF SAID LOT 6 TO A POINT; THENCE RUN S. 15 DEGREES 35'54" W. 10.80 FEET ALONG SAID WESTERLY LINE TO A POINT; THENCE RUN S. 70 DEGREES 12' 46" E. 114.08 FEET TO A POINT OF INTEREST WITH A CURVE CONCAVE TO THE SOUTHEAST; THENCE RUN NORTHEASTERLY 40.00 FEET ALONG ARC OF SAID CURVE HAVING FOR ITS ELEMENTS A RADIUS OF 320 FEET AND A CENTRAL ANGLE OF 7 DEGREES 09' 43" TO THE POINT OF BEGINNING. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 3740 LANCEWOOD PLACE ITEM BEFORE COMMISSION Request is for City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property sold for single-family homeownership. BACKGROUND The following homeowner is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and sale of 3740 Lancewood Place, Delray Beach, FL 33445 to Lana Ritz. The Land Use Restriction Agreement establishes that the homeowners shall comply with certain use restrictions as a beneficiary of the purchase. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record a declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 3740 Lancewood Place, Delray Beach, FL 33445 for single family homeownership. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1s` Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Lana Ritz(hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 3740 Lancewood Place, Delray Beach, Florida 33445. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner -occupied residential unit by the Buyer for a minimum of 15 years from the purchase date of February 12, 201 land ending February 12, 2026. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Lana Ritz 3740 Lancewood Place Delray Beach, Florida 33445 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 2 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES ATTEST: Office of City Clerk 3 OWNER By: — Print Name:' Title: 01,01el- By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission Mayor Date of Execution: Attachment A Real property located at 3740 Lancewood Place, Florida 33445 generally described as: Lot 2, Block 4, SABAL LAKES PHASE ONE, according to the Plat thereof as recorded in Plat Book 60, Page 188, of the Public Records of Palm Beach County, Florida. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 1505 S.W. 3RD COURT ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property donated to the Delray Housing Group, Inc. BACKGROUND The Delray Housing Group, Inc. is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and transfer of 1505 SW 3rd Court, Delray Beach, FL 33444 to the Delray Housing Group, Inc. The Land Use Restriction Agreement establishes that the Delray Housing Group, Inc., shall own the above property with a covenant on the land and unit, requiring that it be maintained as affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. The Agreement will be recorded in the Public Records of Palm Beach County, Florida. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 1505 SW 3rd Court, Delray Beach, FL 33444 donated to the Delray Housing Group, Inc. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1s` Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Delray Housing Group, Inc. (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 1505 SW 3�d Court, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Owner assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii, will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 15t Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1 st Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. 11 Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. ATTEST: Office of City Clerk 2 OWNER By: Print Name: ( h>r Title:AvLe(za By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission LM - Mayor Date of Execution: Attachment A Real property located at 1505 SW 3rd Court, Florida 33444 generally described as: CARVER PARK LT 23 BLK 2, according to the Plat thereof, as recorded in Plat Book 24081, at Page 1165 of the Public Records of Palm Beach County, Florida ld MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.L. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC. / 1212-1214 S.W. 2ND STREET ITEM BEFORE COMMISSION Request is for City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property donated to the Delray Housing Group, Inc. BACKGROUND The Delray Housing Group, Inc. is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and transfer of 1212-1214 SW 2nd Street, Delray Beach, FL 33444 to the Delray Housing Group, Inc. The Land Use Restriction Agreement establishes that the Delray Housing Group, Inc., shall own the above property with a covenant on the land and unit, requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. The Agreement will be recorded in the Public Records of Palm Beach County, Florida. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record a declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 1212-1214 SW 2nd Street, Delray Beach, FL 33444 donated to the Delray Housing Group, Inc. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Delray Housing Group, Inc. (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 1214-1212 SW 2nd Street, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Owner assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. Owner will not conflict with any applicable public or private restrictions; iv, do not require any consent or approval of any public or private authority which has not already been obtained; and V. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. 2 Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. ATTEST: Office of City Clerk OWNER By: ` Print Name: Title: By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: By: Mayor Date of Execution: Attachment A Real property located at 1214-1212 SW 2nd Street, Florida 33444 generally described as: Lot 1, Block 4, ATLANTIC PARK GARDENS, according to the map or plat thereof as recorded in Plat Book 14, Page 56, Public Records of Palm Beach County, Florida. In MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/ DELRAY HOUSING GROUP, INC./ 616 S.W. 9TH STREET ITEM BEFORE COMMISSION Request is for City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property donated to the Delray Housing Group, Inc. BACKGROUND The Delray Housing Group, Inc. is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and the City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and transfer of 616 SW 9th Street, Delray Beach, FL 33444 to the Delray Housing Group, Inc. The Land Use Restriction Agreement establishes that the Delray Housing Group, Inc., shall own the above property with a covenant on the land and unit, requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. The Agreement will be recorded in the Public Records of Palm Beach County, Florida. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record a declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 616 SW 9th Street, Delray Beach, FL 33444 donated to the Delray Housing Group, Inc. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 15t Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Delray Housing Group, Inc. (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 616 SW 9t" Street, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach — Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Owner assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii, will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 For the Owner: Delray Housing Group, Inc. 701 SE 6th Avenue, Ste 201 Delray Beach, Florida 33483 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. 2 Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. ATTEST: Office of City Clerk 0 OWNER l� By: Print Name: Title: C��G��/i�-1�/,9 0 Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission Mayor Date of Execution: Attachment A Real property located at 616 SW 9t" Street, Florida 33444 generally described as: The East 45 feet of Lot 80 and the West 15 feet of Lot 81, Plat of Delray, an Addition to Delray Beach, according to the Plat thereof, as recorded in Plat Book 12, Page 59, Public Records of Palm Beach County, Florida. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS/DELRAY HOUSING GROUP, INC./ 518 S.W. 9TH COURT ITEM BEFORE COMMISSION Request is for City Commission approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for property donated to the Delray Housing Group, Inc. BACKGROUND The Delray Housing Group, Inc. is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and transfer of 518 SW 9th Court, Delray Beach, FL 33444 to the Delray Housing Group, Inc. The Land Use Restriction Agreement establishes that the Delray Housing Group, Inc., shall own the above property with a covenant on the land and unit, requiring that it be maintained as an affordable rental unit for tenants at or below 50% of AMI for a period of twenty (20) years. The Agreement will be recorded in the Public Records of Palm Beach County, Florida. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record a declaration of covenants and restrictions to preserve the NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of a Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 518 SW 9th Court, Delray Beach, FL 33444 donated to the Delray Housing Group, Inc. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 1St Avenue Delray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Delray Housing Group, Inc (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 518 SW 91" Court, Delray Beach, Florida 33444. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Owner shall own properties with a covenant on the land and unit, requiring that it be maintained as affordable rental units for tenants at or below 50% of AMI for a period of twenty (20) years. 2. Owner shall make the property available for rent by households at or below 50% AMI as defined by the current Income Limit charts adjusted to family size, West Palm Beach - Boca Raton, Metropolitan Statistical Area, (Palm Beach County). 3. The Owner assures the City that, in connection with the properties acquired is for rental purposes through this Agreement, it is a public housing Subrecipient (a Public Housing Authority) funded by HUD. The Owner assures the City that, as such, it is knowledgeable about HUD requirements for income qualifying of occupants of rental housing units according to HUD income guidelines and about establishing rent affordability for such occupants. Accordingly, the Buyer shall income qualify the occupant of the property acquired through this Agreement according to the requirements contained in the Declaration of Restrictions associated with each such property, and shall maintain the level of rent plus utilities (based on the HUD Section 8 utility schedule) at an affordable level for the occupant. Such affordability shall be regarded as being achieved if no more than thirty-five percent (35%) of the occupant's gross household income is expended on the sum of the rent plus utilities based on the HUD Section 8 utility schedule. 4. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and reasonably required to effectuate the terms of this Agreement. 5. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. Owner will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 6. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: With copies by U.S. mail to: For the Owner: Mayor City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1 st Avenue Delray Beach, Florida 33444 Delray Housing Group, Inc 701 SE 6t" Avenue, Ste 201 Delray Beach, Florida 33483 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. 2 Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. WITNESSES OWNER ATTEST: Office of City Clerk By: Print Name: Title: By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: Mayor Date of Execution: Attachment A Real property located at 518 SW 9t" Court, Florida 33444 generally described as: Delray Manor Add to Delray Lot 38 and W 25 FT of Lot 39, according to the Plat thereof, as recorded in Plat Book 23974, at Page 679 of the Public Records of Palm Beach County, Florida. 4 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 3619 AVENUE MONTRESSOR ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for properties sold for single-family homeownership. BACKGROUND The following homeowner is the beneficiary of Neighborhood Stabilization Program properties pursuant to an Agreement between the State of Florida, Department of Economic Opportunity and City of Delray Beach dated February 5, 2010. The City of Delray Beach provided NSP funding for the acquisition, rehabilitation and sale of 3619 Avenue Montressor, Delray Beach, FL 33445 to Heubreux Destinvil. The Land Use Restriction Agreement establishes that the homeowners shall comply with certain use restrictions as a beneficiary of the purchase. The Department of Economic Opportunity made a monitoring site visit on September 26, 2012. From the monitoring, the DEO recommended the City record declaration of covenants and restrictions to preserve NSP affordability period and language on resale of properties. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restriction for 3619 Avenue Montressor, Delray Beach, FL 33445 for single family homeownership. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division 100 NW 15t Avenue Deiray Beach, Florida 33444 LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS FOR: CITY OF DELRAY BEACH NEIGHBORHOOD STABILIZATION PROGRAM THIS LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS (hereinafter Agreement) is made and entered into by and between the City of Delray Beach, a City existing by and under the laws of the State of Florida (hereinafter referred to as the "City") and Heubreux Destinvil (hereinafter referred to as the "Owner"). RECITALS WHEREAS, the Owner owns certain land described in Attachment "A" attached hereto and incorporated herein by reference, hereinafter referred to as the "Property"; and WHEREAS, Owner is the beneficiary of Neighborhood Stabilization Program Funds pursuant to an Agreement between State of Florida, Department of Economic Opportunity and City dated the 5th day of February, 2010; and WHEREAS, the Owner has agreed to comply with certain use restrictions as a beneficiary of said Agreement; and WHEREAS, the City has provided Neighborhood Stabilization Program funding for the acquisition, rehabilitation and resale of the property located at 3619 Avenue Montresor, Delray Beach, Florida 33445. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Owner agrees to sell the Property as a primary residence to an eligible buyer which shall remain as an owner -occupied residential unit by the Buyer for a minimum of 15 years from the date of purchase. 2. Owner covenants and agrees that Owner will not lease, convey or encumber the Property without the consent of the City while the restrictions provided herein remain in effect. 3. If Owner defaults in the performance of any obligation under the Mortgage and Note dated or restrictions set forth herein, and if such default remains uncured for a period of one hundred twenty (120) days after written notice thereof has been given by City, City shall be entitled to apply to any court having jurisdiction of the subject matter for specific performance of this Agreement, for the appointment of a receiver or successor to take over and operate the Property in accordance with the terms of this Agreement, or for such other relief, including monetary, as may be appropriate and as such court deems just, equitable, and ressonab!y required to effectuate the terms of this Agreement. 4. Owner represents and warrants to City: a. Owner has validly executed this Agreement and the same constitutes the binding obligation of the owner. Owner has full power, authority and capacity to enter into this Agreement, to carry out the Owner's obligations as described in this Agreement, and to assume responsibility for compliance with all applicable local, state, and federal rules and regulations. b. To the best of Owner's knowledge, the making of this Agreement and the Owner's obligations hereunder: i. will not violate any contractual covenants or restrictions between Owner or any third party, or affecting the Property; ii. will not conflict with any of the instruments that create or establish Owner's authority; iii. will not conflict with any applicable public or private restrictions; iv. do not require any consent or approval of any public or private authority which has not already been obtained; and v. are not threatened with invalidity or unenforceability by any action, proceeding, or investigation, pending or threatened, by or against Owner without regard to capacity, any person with whom Owner may be jointly or severally liable, or the Property or any part thereof. c. There is no litigation pending or proceeding known or, to the best of Owner's knowledge, threatened against Owner which, if adversely determined, could individually or in the aggregate have an adverse affect on title to or the use and enjoyment or value of the Property, or any portion thereof, or which could in any way interfere with the consummation of this Agreement. d. There is not pending or, to Owner's best knowledge, threatened against Owner any case or proceeding or other action in bankruptcy, whether voluntary or otherwise, any assignment for the benefit of creditors, or any petition seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief for Owner under any present or future federal, state, or other statute, law, or regulation relating to bankruptcy, insolvency, or relief from debtors. 5. Notices required to be given by this Agreement shall be in writing, by certified mail through the United States Postmaster, with copies to be mailed as set forth below. Required certified mail shall also have return receipt requested, addressed to the persons and places specified for giving notice below. Revisions to the names or addresses of those parties to receive notice may be made by either party by providing notice to the other party as provided herein. This in no way impacts the requirement to provide notice to the City of Delray Beach City Commission and to the City Attorney in the manner outlined above. Notice shall be forwarded to the following: For the City: Mayor City of Delray Beach 100 NW 1 st Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhood Service Administrator Neighborhood Services Division 100 NW 1st Avenue Delray Beach, Florida 33444 Director Community Improvement Department 100 NW 1st Avenue Delray Beach, Florida 33444 For the Owner: Heubreux Destinvil 3619 Avenue Montresor Delray Beach, Florida 33445 6. The Owner and City agree that both parties have played an equal and reciprocal part in the drafting of this Agreement and, therefore, no provisions of this Agreement shall be construed by any court or other judicial authority against any party hereto because such party is deemed to have drafted or structured such provisions. 7. This Agreement shall be construed, and the rights and obligations of the City and Owner hereunder shall be determined, in accordance with the laws of the State of Florida. Venue for any litigation pertaining to the subject matter hereof shall be exclusive in Palm Beach County, Florida, unless prohibited by law. 8. In any litigation between the parties hereto arising out of this Agreement, the prevailing party shall be entitled to recover all fees and costs incurred in such litigation, including reasonable attorneys' fees, through appeal if necessary. 9. This Agreement shall be recorded in the Public Records of Palm Beach County, Florida, by the City at the expense of the City subsequent to the closing of the sale to the Owner from the Developer. This Agreement shall run with the land and shall be binding on both parties, their heirs, successors, and assigns upon recording. Certified copies of the recorded documents shall be provided to the Owner within ten (10) days of receipt of the recorded Agreement. IN WITNESS WHEREOF, the Owner has read and understands the terms set forth and agrees to meet the obligations contained herein by execution of this agreement, in duplicate, this. JW1ESSES/ , C- ATTEST: Office of City Clerk At 3 OWNER By. t Print Name:%tt// Title: By: Print Name: Phone Number: Date: CITY CITY OF DELRAY BEACH, FLORIDA by and through its City Commission Mayor Date of Execution: Attachment A Real property located at 3619 Avenue Montresor, Florida 33445 generally described as: Lot 1, Block S, Plat No. 1, Chatelaine, according to the map or plat thereof as recorded in Plat Book 29, Pages 94 and 95 of the Public Records of Palm Beach County, Florida. 0 MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 FY2013 PROPOSED PERFORMANCE MEASURES/GOLF COURSES AND TENNIS FACILITIES ITEM BEFORE COMMISSION City Commission is requested to review and approve performance measures proposed for FYI for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. BACKGROUND Attached are proposed performance measures for FY13 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. The attachment includes both the proposed measures and point assignments for FYI as compared to actual for FYI 2. We have again included a bonus point provision for tasks completed that exceed contract expectations, such as clean up after a hurricane. As indicated in the past, our bond counsel has advised that if we used net profit as a measure, we could lose the tax free status of the bonds. Per our agreement dated August 15, 2008, paragraph 9, JCD Sports Group is eligible for up to a 15% bonus of the base payment per year based on approved performance measures. RECOMMENDATION Staff recommends approval of proposed performance measures for FYI 3 for the Municipal Golf Course, Lakeview Golf Course and the Tennis Facilities. Delray Beach Tennis Center Delray Swim & Tennis Club FY 2012-2013 Performance Measures Proposed 12-13 Points Available Actual 11-12 Conduct a customer satisfaction survey and obtain an 30 overall average rating of 4.2 or better on a 1 to 5 scale. overall average rating of 4.0 or better on a 1 to 5 scale. Achieve a level of 360 memberships (min 310 - max 360) 15 Maintain a level of 67,000 daily play counts (min 61,000 - 15 max 67,000) Maintain a level of 66,000 daily play counts (min 61,000 - Maintain program participation. Programs include: Special 10 Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - Maintain program participation. Programs include: Special max 105%) 99% Achieve gross revenue for lessons of $550,000 (min 15 $520,000 - max $550,000) Leagues, Juniors, Seniors, and Special Events. (min 95% - Achieve gross revenue for Leagues & Tournament of 5 $47,500 min $42,500 - max $47,500) Achieve gross revenue for General Admissions of $103,000 10 min $98,000 - max $103,000)' $ 564,936 100 Points Actual Available Results Conduct a customer satisfaction survey and obtain an 30 4.4 overall average rating of 4.0 or better on a 1 to 5 scale. Achieve a level of 360 memberships (min 310 - max 360) 15 353 Maintain a level of 66,000 daily play counts (min 61,000 - 15 66147 max 66,000) Maintain program participation. Programs include: Special 10 99% Olympics, Parks & Recreation, Patrons, Lessons, Clinics, Leagues, Juniors, Seniors, and Special Events. (min 95% - max 105%) Achieve gross revenue for lessons of $480,000 (min 15 $ 564,936 $430,000 - max $480,000) Achieve gross revenue for Leagues & Tournament of 5 $ 45,596 $40,00 min $35,000 - max $40,000) Achieve gross revenue for General Admissions of $92,000 10 $104,114 min $82,000 - max $92,000) 100 NOTE: Program participation for 2011-12 was 33,756 vs 2010-11 of 34,266 12/4/2012,5:03 PM Lakeview Golf Club FY 2012-2013 Performance Measures Proposed 12-13 Points Available Conduct a customer satisfaction survey and obtain an overall 30 average rating of 4.2 or better on a 1 to 5 scale. average rating of 4.0 or better on a 1 to 5 scale. Maintain a participation level of 3,200 in golf course sponsored 10 programs min 2,500 - max 3,200 10 Achieve a level of 35,000 rounds (min rounds 32,000 - max 10 rounds 35,000 Achieve gross golf fees including play cards of $643,100 (min 15 $603,100 - max $643,100) rounds 45,000 Achieve gross merchandise sales of $27,000 (min $23,000 - 10 max $27,000) 15 Achieve gross Food & Beverage sales of $48,000 (min 10 $40,000 - max $48,000) Maintain budgeted operating expenses below $579,490. 15 Total Points 100 Actual 11-12 Points Available Actual Results Conduct a customer satisfaction survey and obtain an overall 30 4.6 average rating of 4.0 or better on a 1 to 5 scale. Achieve a participation level of 2,500 in golf course sponsored 10 3591 programs min 2,000 - max 2,500 Achieve a level of 45,000 rounds (min rounds 42,000 - max 10 30319 rounds 45,000 Achieve gross golf fees including play cards of $764,600 (min 15 $577,310 $724,600 - max $764,600) Achieve gross merchandise sales of $25,000 (min $21,000 - 10 $26,154 max $25,000) Achieve gross Food & Beverage sales of $32,000 (min 10 $51,711 $26,000 - max $32,000) Maintain budgeted operating expenses below $614,870. 15 $531,996 100 12/4/201.2, 4:59 PM Delray Beach Golf Club FY 2011-2012 Performance Measures Proposed 12-13 Points Available Actual 11-12 Conduct a customer satisfaction survey for golf operations and obtain an 15 overall avera a rating of 4.2 or better on a 1 to 5 scale. an overall average rating of 4.0 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant operations and 15 obtain an overall average rating of 4.2 or better on a 1 to 5 scale. 15 Maintain a participation level of 2,850 in golf course sponsored programs 10 min 2,350 - max 2,850) Achieve a level of 63,550 rounds (min rounds 58,550 - max rounds 10 63,550) programs min 2,350 - max 2,860) Achieve gross golf fees including Annual Permits of $1,700,000 (min 15 $1,576,730 - max $1,700,000) 10 Achieve gross merchandise sales of $110,000 (min $85,000 - max 10 $110,000) Achieve gross restaurant sales of $1,090,000 (min $990,000 - max 10 $1,090,000)_____ $1,907,900 - max $2,007,900) Maintain budgeted operating expenses below $2,671,230. 15 Total Points 100 Points Actual Available Results Conduct a customer satisfaction survey for golf operations and obtain 15 4.1 an overall average rating of 4.0 or better on a 1 to 5 scale. Conduct a customer satisfaction survey for restaurant operations and 15 4.9 obtain an overall average rating of 3.8 or better on a 1 to 5 scale. Maintain a participation level of 2,850 in golf course sponsored 10 2888 programs min 2,350 - max 2,860) Achieve a level of 75,550 rounds (min rounds 70,550 - max rounds 10 56551 75,550) Achieve gross golf fees including Annual Permits of $2,007,900 (min 15 $1,501,977 $1,907,900 - max $2,007,900) Achieve gross merchandise sales of $105,960 (min $80,960 - max 10 $101,701 $105,960) Achieve gross restaurant sales of $1,065,000 (min $965,000 - max 10 $1,127,235 $1,065,000) Maintain budgeted operating expenses below $2,776,410. 15 $2,582,821 100 12/4/2012,5:04 PM MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 4, 2012 SUBJECT: AGENDA ITEM 8.0. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 SPECIAL EVENT REQUEST/ SAVOR THE AVENUE ITEM BEFORE COMMISSION Commission is requested to consider approval of a special event permit for Savor the Avenue, proposed to be held on March 28, 2013 from 5:30 p.m. to 8:30 p.m., sponsored by Boca Raton and Delray Beach Magazines and supported by the Downtown Development Authority. Commission is also requested to grant a temporary use permit per LDR's Section 2.4.6(F) for the closure and use of Atlantic Avenue from Swinton to the west side of NE/SE 5d' Avenue and SE 3rd Avenue from Atlantic south to the alley, from 2:00 p.m. until 10:00 p.m. and to provide staff assistance for traffic control and security, EMS assistance and Fire inspection, barricading, banner hanging, trash boxes and use of the a City -owned portable generator. BACKGROUND Attached are a special event permit, site plan, budget and economic calculator for this event received from Marjorie Ferrer on behalf of the event producer. This will be a wine and food event to promote economic development for downtown restaurants. The event sponsor will be responsible for event management and coordination with restaurants, rental and set up of tables and chairs on Atlantic Avenue and cleanup. The individual restaurants will be responsible for table cloths, table settings and selling tickets. Street pole banner hanging was requested for March 7, 2013. Per LDR's, banners cannot be hung until March 14, 2013. The event sponsor originally requested a waiver for the banners to be hung three (3) weeks in advance instead of two (2) weeks. However, banners for the the St. Patrick's Day event and the Bike Race event will be hung at the same time. The estimated overtime cost for this event is $3,960, the administrative fee $200, trash boxes $53 and barricade rental is $110 for a total cost of $4,323. The event producer is responsible for paying 100% of all City costs per Special Event Policies and Procedures. RECOMMENDATION Staff recommends approval of the event, temporary use permit, and staff support as requested with the following conditions: 1. Receipt of a Certificate of Event and Alcohol Liability Insurance by 3/7/13. 2. Receipt of a Hold Harmless Agreement by 3/7/13. 3. Banner hanging approval to begin no sooner than 14 days prior to the event. City of Delray Beach Special Event Permit Application REVISED 11.2.10 DELRAY BEACH RECEIVED All-ArneticaCity OCT 18 2012 11111111111/ ADMINISTRATIVE SERV f J V I� PQ) PLEASE TYPE OR PRINT 1993 2001 Event Name/Title: Savor the Avenue 2013 Event Date(s): Thursday, March 28, 2013 Times: 5:30-8:30 pm z Rain Date — Friday, March , 2013 Requesting street closure: yes X no (If yes, need time/date for closure and reopening) Begin Street closures at 2:00 pm — completed at 3:00 pm along Atlantic Avenue from Swinton Avenue to the west side of 5"' Avenue, SE P Avenue closed from Atlantic Avenue to the SunTrust allev at 12:00 noon: the street closure time 2:00 —10:00 pm. Event Sponsor/Producer: Boca Raton and Delray Beach Magazine / Downtown Development Authority Event Contact/Coordinator: Marjorie Ferrer / Laura Simon / Candace Rojas Name: Downtown Development Authority Address: 85 SE 0' Avenue Suite 108 Telephone Number: 243-1077 Cellular Number: 271-3168/573-3672 E-mail Address: inferrer ,downtowndelraybeach.com, lsimon@downtowndelraybeach.com Event Description/Purpose: Special program for economic development for the DDA rliatr;M- fnr A ..nii _ ---A .:...,....,..,.«, -. & &U- AL.a:...,.f.. Avenue. Brief History of Event (If applicable):This will be the 5t' year for this program for restaurants in the DDA District. Planned Activities (Outline of activities/number of activities, i.e. entertainment, children's rides, games, other programs): The long table will be set up in the middle of Atlantic Avenue: street surprises, wine tasting and music. Number of Individuals Served Previous Year (if applicable): 1,000 estimated will make reset vations with participating restaurants and will dine together. Describe the targeted population and expected attendance: Individual restaurants will invite guests to participate from their individual customer lists, tourists who wish to experience a unique event, targeted hotel concierges: subscribers of Boca Raton Page 1 of 5 Page 2 of 5 magazine and Delm Beach magazine will be targeted as well as the DDA list of local contacts and Face Book fans. Describe how the program or project addresses community needs: Economic development for the participating restat.nrants plus shoppes participating by staying open during and after the event and offeringspecial programs for the evening. Describe your Marketing/Promotions Program (How will you market/promote, i.e. TV, radio, posters, flyers, web sites, other): Boca Raton Magazine, Delray Beach Magazine, All social media, WPTV Newschannel 5 Palm Beach Post Comcast Spotlight Businesses — posters, brochures, e -blasts, I -Contact all restaurants lists of customers. Sponsor Category (please check) City a Non-Profit/Charitable o Private o Co -Sponsor — Non-Profit/Private X (If Non-profit attach proof of 501c(3), c(4), c(6), C(10), or c(19) or (d) Event Location (Describe area boundaries of event/location): Downtown DDA District — Cluster 4 — Atlantic Avenue from Swinton east to 5)'Avenue. Street closures be innin r at 2:00 pm — car towing if necessary completed by 3:00 pm. Towing signage up__24 hours in advance. Site plan attached: yes X no (Site plan required for entire event site. Include locations of tents, stage, portalets, dumpsters, portable lighting, and barricade location if applicable.) Rental of Old School Square: yes no X (If yes, attach proof of approval) Rental of Old School Square Park: yes no X (If yes, attach proof of rental agreement with Parks & Recreation) Private Property Use: yes no X (If yes, attach letter giving authorization from property owner) Event budget Revenue & Expenses attached: yes X no (Required for all events) Previous year Revenue/Expense summary attached: yes X no (Required for all events) Arts and Economic Impact Calculator attached: yes X no Obtained on line at www.AmericansForThcAi•ts.org (Required for all events except minor events and 5K Runs) Do you have cash sponsors for the event: yes X_ no (Indicated on budget) Do you have in-kind sponsors for the event: yes X no (Indicated on budget) L:1MarjorielMarj\BI.00KSWarjorielSavor the Avenue 20131.Savor rhe Avenue Permit 2013.doe Page 3 of 5 Serving or selling alcoholic beverages: yes X no If yes, what entity is obtaining the Alcohol License permit? No permit will be required since the DDA will be giving the beverage away — same as past. (If yes, copy of license and alcohol liability insurance required two (2) weeks prior to event) Event certificate of insurance attached: yes X no (Required two (2) weeks prior to event naming the City as additional insured, also required for vendors) Playing of amplified music: (Waiver required) yes X no Will there be entertainment: yes no X_ (If yes, attached list of Performers and/or DJ's) If yes, sponsor agrees all entertainment will be family oriented and contain no obscenities: yes X no Requesting Police assistance: yes X no (traffic control/security) Will supplement with private security: yes no X (If yes, need plat: attached) Requesting Emergency Medical assistance: yes X no Requesting barricade assistance: yes X no (If no, how are you handling?) Requesting trash removal/clean up assistance: yes no X (If no, how are you handling?) Requesting trash boxes/containers and liners: yes X no Requesting stage use: yes no X (If yes, check type) Large stage (14' x 36') ❑ Small stage (16' x 21') ❑ Half small stage (8' x 21') ❑ Requesting signage: yes X no Type: 4'x4'Event sign Parking Signs Banner hanging X Indicate dates required weeks prior (IVaiver required if snore than one (1) week prior to event) Z Requesting City Portable Generator: yes X no (If yes, size & power) Food and beverage vendors: yes no X Z:\Marjorie\Marj\BLOCKS\MarjorieXSavor the Avenue 2013\Savor the Avenue Permit 2013.doc Page 4 of 5 If yes, approximate number (Health Department approval required) yes Other vendors: yes, (Indicate type) no no Tents: yes X no If yes, .How marry TBD What size or size required TBD (If yes, teat peri:its anal fire inspections fnay be needed) Will the event include amusement rides: yes no X (If yes, type and location and copy of liability insurance required, also requires state license and inspection.) Will the event be gated: (Show on-site map) yes no X Will there be a charge for the event: yes X no (If yes, indicate ticket prices) Varied menu process charged by individual restaurants Will there be fireworks or other pyrotechnics: yes no__ X (If yes, contact Fire Marshal to obtain and complete permit application) Will there be cooking with compressed gas: yes X no (If yes, contact Fire Marsltal for inspections) Will you be providing port -a -lets for the event: yes X no (If yes, locate ou-site Harp. If no, indicate how you will handle restroom needs) Is reserved parking requested: yes no X (If yes, indicate locations and purpose for use) Event Permit Attachments: X Revenue/Expense Budget _ X_ Revenue/Expense Recap Last Years Event X Site Plan X_ Arts and Economic Impact Calendar X Letter Requesting Noise Ordinance Waiver X Letter Requesting Waiver Consumption Alcohol Beverages N/A Proof of Non -Profit Status X General Liability Insurance Certificate Z;1Marjorie\Marjl$I.00KS\Marjorie\Savor the Avenue 20I31Savor the Avenue Penn it 20I3.doc Page 5 of 5 N/A Alcohol Beverage Liability Certificate N/A Proof of Rental Agreement or Authorization Letter from Private Property Owner Hold Harmless Agreement, notarized. Submittal Date Requirements: • Minor Event 45 days prior to event • Intermediate Event 90 days prior to event • Major Event 1.20 days prior to event • Neighborhood Block Party 30 days prior to event Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 0 Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ Z_1MarjorielMarMLOCKS\Marjorie\Savor the Avenue 2013\Savor Ilie Avenue Permit 2013.doe Event Contractor/Coordinator Date Please print: Marjorie Ferrer Please enclose the appropriate non-refundable application fee payable to the City of Delray Beach, 100 N.W. 0 Avenue, Delray Beach, Florida 33444. Required with permit application. For Staff Use Only Date Received Application fee received $ Z_1MarjorielMarMLOCKS\Marjorie\Savor the Avenue 2013\Savor Ilie Avenue Permit 2013.doe SAVOR THE AVENUE 2013 THURSDAY, MARCH 28, 2013 4— .' 't- W .'g!i" It -s W ATL -ANT fir T ST It a3' GREEN = PREP TENTS ORANGE = BARACADES Prepared By Marjorie Ferrer, Downtown Development Authority Thurs., October 16, 2012 Savor the Avenue Actual Budget 2012 Savor the Avenue 2012 Budget - DDA Income: DDA Go -Sponsorship advertising $4,400 In -Kind Rentals $2,985 Expense: City Permit $150 Awards $287 Photography & Volunteers $230 Miscell Printing_$149 Tent Rental $900 Rental Delivery $1,060 Entertainment/Sound $1,000 Port -o -Lets $102 City Expenses 100% $3,213 $7,091 In Kind {LY - Rest $ 17,000 ! Mag. $47,930 Printing Boca Mag / D. Beach Mag Ad Design Boca Ma / D. Beach Mag Photo ra her/Videogra her Boca Mag / D. Beach Mag 31 Savor the Avenue Estimated Budget 2013 Savor the Avenue 2012 Budget - DDA Income: DDA Co -Sponsorship $4,400 Sponsorship 3,500 (In -Kind Rentals - ( $3,500) Total Income $7,900 Expense: City Permit $150 Awards $300 Photography & Volunteers $250 Miscell Printing $150 Tent Rental $900 Rental Delivery $1,060 Entertain menUSound $1,000 Port -o -Lets $102 City Expenses 100% $3,213 Total Expenses $7,215 In Kind (LY - Rest $ 17,0001 Mag. $47,930 Printing Boca Ma / D. Beach Mag Ad Design Boca Ma / D. Beach Mag Photographer/Video ra her Boca Mag / D. Beach Mag FIA Arts & Economic Prosperity IV: Calculator Page 1 of 2 POPULATION of your community: Your Organization's TOTAL EXPENSES (please do not use commas): I TOTAL ATTENDANCE to your organization's arts events (again, do,not use i commas): CALCULATE[! I R set 50,000 to 99,999 V $ 76545 1000 DEFINITIONS Total The total dollars spent by your nonprofit arts:and:Culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. i FTE Jobs: The total number of full-time equivalent (FTE) jobs iniyour community that are supported by the expenditures made by your arts and cultur6 orgahizalion and/or its audiences. An FTE can be one i ! I littp://www.americansfortliearts.org/information_services/research/services/economie—im... 10/17/2012 Total Expenditures FTE Jobs Household Income Local Government State Government Revenue Revenue Nonprofit Arts and Culture $76,545 2.8 $64,399 $2,671 $3,145 Organizations: Nonprofit Arts and Culture $20,P10 0.6 $12,261 $1,064 $1,153 Audiences: I � Total Industry Impact: (The Sum of Organizations and Audiences) $96,855 3.4 $76 660 $3,735 $4,298 i Print Your -I- - Please see the fine print below. DEFINITIONS Total The total dollars spent by your nonprofit arts:and:Culture organization and its audiences; event - Expenditures: related spending by arts and culture audiences is estimated using the average dollars spent per person by arts event attendees in similarly populated communities. i FTE Jobs: The total number of full-time equivalent (FTE) jobs iniyour community that are supported by the expenditures made by your arts and cultur6 orgahizalion and/or its audiences. An FTE can be one i ! I littp://www.americansfortliearts.org/information_services/research/services/economie—im... 10/17/2012 DOWNTOWN DEVELOPMENT AUTHORITY October 16, 2012 Mr. Robert A. Barcinski, Assistant City Manager City of Delray Beach 100 NW 1St Avenue Delray Beach, Florida 33444 Re: Waiver for Banners — Savor the Avenue 2013 Event Dear Mr. Barcinski: This Downtown Development Authority is requesting the City Commission to waiver its banner policy by giving permission for Savor the Avenue banners to be put up on March 7, 2013, 3 weeks in advance of that event instead of the two weeks allowed. Savor the Avenue takes place on March 28, 2013. The banners will be put up on intersection lamp posts from Swinton to Fifth Avenue. We expect to put up 20 banners. There should be no conflict as no other event is being held at that time. Putting up the banners on March 7th allows the restaurants and the banner sponsor more time for advance sales. Reservation cutoff is March 22nd, 2013. This is a very unique, award winning event; paid for by the sponsors and is certain to receive national attention once again. Thank you for consideration of our request. Sincerely, Marjorie Ferrer Executive Director MEMORANDUM TO: Mayor and City Commissioners FROM: Jasn ii A 11, P]ner PaulD orlhg, A IC P, D actor o f P Imning and Z onhg THROUGH: C ityM mer DATE: December 6, 2012 SUBJECT: AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS ITEM BEFORE COMMISSION The action requested of the City Commission is review of appealable actions which were taken by various Boards during the period of December 3, 2012 through December 7, 2012. BACKGROUND This is the method of informing the City Commission of the land use actions, taken by designated Boards, which may be appealed to the City Commission. After this meeting, the appeal period shall expire (unless the 10 day appeal period has not occurred). Section 2.4.7(E), Appeals, of the LDRs applies. In summary, it provides that the City Commission hears appeals of actions taken by an approving Board. It also provides that the City Commission may file an appeal. To do so: The item must be raised by a Commission member. By motion, an action must be taken to place the item on the next meeting of the Commission as an appealed item. REVIEW BY OTHERS Historic Preservation Board Meeting of December 5, 2012 A. Continued with direction (5 to 0, Annette Smith and Iris McDonald absent), a Certificate of Appropriateness associated with the removal and reconstruction of a portion of an existing structure, located at 610 North Ocean Boulevard (Fontaine Fox House), an individually designated site. The Board also continued (5 to 0) a variance request to LDR Section 4.3.4(K),to reduce the side interior setback (north side) for the proposed addition to 1', whereas 12' is required. Other Item The Board continued (5 to 0), the request to amend Ordinance 43-11,pertaining to the historic designation of the Fontaine Fox House to revise the legal description in conjunction with a proposed re -plat that subdivides the existing Lot 2 of the Ocean Apple Estates Plat (Fontaine Fox House), into two conforming lots. It should be noted that the existing outer boundary of the designated site will remain unchanged. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map • CITY COMMISSION MEETING --- _CITYLIMITS _„_ _„_ n1 APPEALABLE ITEMS -� ONE MILE PLANNING AND ZONING LOCATION MAP GRAPHIC SCALE DEPARTMENT DECEMBER 11, 2012 A. 610 NORTH OCEAN BOULEVARD -- DIGITAL BASE MAP SYSTEM -- -- DLS -- MAP REF: S:\Planning & Zoning\DBMS\File—Cab\CC—DOC\12-11-12 MEMORANDUM TO: Mayor and City Commissioners FROM: Bob Diaz Construction Manager Richard C. Hasko, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: December 3, 2012 SUBJECT: AGENDA ITEM 8.S.1 - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 BID AWARD/ COASTAL CONTRACTING & DEVELOPMENT, INC. ITEM BEFORE COMMISSION Award of a construction contract to Coastal Contracting & Development as the lowest responsive bidder in the amount of $92,510 for the renovation of the Utility Customer Service suite on the first floor of City Hall. BACKGROUND The project scope includes the complete renovation of the meter reader office area, expansion and renovation to the cashier's area and renovations to the customer reception area all within the Utility Customer Service suite in City Hall. Bids for this project were opened at 1:00 PM on Wednesday November 28, 2012. Three bids were received. The apparent low bidder was Eagle Enterprises Incorporated with a bid amount of $78,887.00, followed by Coastal Contracting and Development, Inc., with a bid amount of $92,510.00. As advertised and subsequently discussed at the mandatory pre-bid meeting, all bidders were required to be City of Delray Beach prequalified contractors in the following category: Building Contractors. Eagle Enterprises Incorporated is not a City of Delray Beach prequalified contractor. City records indicate that firmhad previously applied for prequalification status however the review committee deemed the submission insufficient based on inadequate experience (notice to applicant issued 9.28.2011). Eagle Enterprises' bid is, therefore, considered non-responsive. As a result, award is recommended to Coastal Contracting & Development, Incorporated, the lowest responsive bidder, in the amount of $92,510.00. The firm submitted a complete bid package that meets the criteria set forth in the bid documents and is the most responsive bid. The budget for this project was established in the CIP at $100,000. FUNDING SOURCE Funding is available from W&S Renewal & Replmt Fund/Buildings 442-5178-536-62.10 RECOMMENDATION Staff recommends approval of a bid award to Coastal Contracting & Development, Inc., in the total amount of $92,510.00 for modifications to the Utilities Billing Division. City of Delray Beach BID OPENING TABULATION BID NO: 2013-21 OPENING DATE: NOVEMBER 28, 2012 POSTING TIME: 1:00 P.M. TITLE: UTILITY BILLING (UTB) MODIFICATIONS - City of Delray Beach Project No. 11-112 VENDORS ITEMS 1-3 TOTAL BID BOND 5% SUBMITTED ADDENDUM NONE ISSUED EAGLE ENTERPRISES INC. $ 78,887.00 YES COASTAL CONTRACTION & DEVELOPMENT, INC. $ 92,510.00 YES ALL -SITE CONSTRUCTION, INC. $ 113,548.00 YES Remarks: Offers from vendors listed are the only offers received timely as of the above opening dated and time. MEMORANDUM TO: Mayor and City Commissioners FROM: Timothy T. Tack, P.E., Project Manager ESD/CRA Richard C. Hasko, PE, Environmental Services Director THROUGH: David T. Harden, City Manager DATE: September 26, 2012 SUBJECT: AGENDA ITEM 8.S.2 - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 CONTRACT AWARD / SEALAND CONTRACTORS CORP. / FEDERAL HIGHWAY BEAUTIFICATION ITEM BEFORE COMMISSION Request for bif award and authorization for the Mayor to execute a construction contract with Sealand Contractors Corp. for construction of the Federal Highway Beautification Project in the amount of $12,486,967.77 (P/N 2009-009). This item is contingent upon Community Redevelopment Agency (CRA) approval of the attached Interlocal Agreement between the City of Delray Beach and the CRA for the US 1 Corridor Improvement Project. Additionally, this item is contingent upon bid concurrence from the Florida Department of Transportation. BACKGROUND On May 12, 2009, Commission gave approval to move forward with design of permanent modifications to US 1 between SE 10th Street and George Bush Blvd and authorized the Mayor to write a letter to the Florida Department of Transportation (FDOT) requesting that FDOT enter into an agreement with the City to obligate FDOT's SE -NE 5th and 6th Avenue resurface, restore and rehabilitate (RRR) funding to the City and the City will implement FDOT's RRR project. The scope of the project is as follows: . The proposed general modifications to US -1 (5th and 6th Avenues) will be complete reconstruction of two blocks north and south of Atlantic Avenue (between SE 2nd Street and NE 2nd Street) and milling and resurfacing the remainder of the project limits where existing curb and sidewalk will remain in place. New decorative street lighting will be designed within the reconstruction area between SE 2nd and NE 2nd Streets. Existing street lighting will be retained for the remainder of the project. On street parking will be included within the final construction documents. . Bump -Outs will be constructed in the radius returns of the intersecting side streets located within the limits of the milling and resurfacing portion of the project. Drainage modification will be required to accommodate the Bump -Outs. Midblock Bump -Outs will be provided without connection to existing curb and gutter to maintain drainage flow along existing curb and gutter. . Landscaping and irrigation will be designed for both sides of 5th and 6th Avenues. Landscaping and irrigation will be located in the "Bump -Outs" within the milling and resurfacing portion of the project, and in the reconstruction area between SE 2nd Street and NE 2nd Street. . There will be three signalized intersections. An underground traffic signal interconnect system will be provided along both 5th and 6th Avenues within the limits of reconstruction. Signal loop replacement design is provided for all intersections due to milling and resurfacing. . Water Main Improvements After the low bidder failed to confirm their bid as required by FDOT, on November 20, 2012, City Commission directed City Staff to award to the second low bidder, Sealand Contractors Corp. in the amount of $12,486,967.77. On December 13, 2012, the CRA is scheduled to meet and approve the Interlocal Agreement between the City of Delray Beach and the Delray Beach CRA for the US 1 Corridor Improvement Project. City Staff is currently negotiating a contract for Construction and Engineering Inspection Services (CEI) with the top ranked firm, R.J. Behar & Company, Inc. These services are required by the Florida Department of Transportation for all Local Agency Program (LAP) funded projects. FUNDING SOURCE Funding for the Project is as follows: $700,000.00 From #448-5461-538.68-52 $500,000.00 From #442-5178-536.68-52 $178,734.00 From #334-3162-541.68-52 (As Developer Contribution) $11,108,233.77 From #334-3162-541.68-52 RECOMMENDATION Staff Recommends Approval Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Ric -Man International Sealand Contractors Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 1 Mobilization LS 1 $299,000.00 $13,000.00 $29.00 $51.00 $0.40 $39.00 $51.00 $6.80 $6.80 $0.20 $0.50 $6.20 $0.40 $3.10 $0.20 $1,200.00 $15.00 $6.10 $6.80 $510.00 $120.00 $5,500.00 $5.00 $19,000.00 $9.60 $9.60 $9.80 $9.80 $14.00 $21.00 $12.00 $3.10 $2.30 $110.00 $170.00 $3,400.00 $2,500.00 $2,100.00 $2,000.00 $2,300.00 $1,300.00 $2,600.00 $4,300.00 $3,500.00 $3,600.00 $1,700.00 $1,100.00 $2,600.00 $3,400.00 $1,200.00 $1,700.00 $3,200.00 $130.00 $2.40 $3.40 $4.20 $9.00 $67.00 $45.00 $56.00 $70.00 $490.00 $1,300.00 $1,100.00 $120.00 $180.00 $120.00 $150.00 $15.00 $14.00 $29.00 $29.00 $74.00 $130.00 $31.00 $29.00 $510.00 $2.10 $120.00 $1,900.00 $0.40 $1.20 $2.50 $1,200.00 $0.40 $299,000.00 $13,000.00 $16,675.00 $50,694.00 $14,882.40 $1,950.00 $2,550.00 $340.00 $340.00 $4,079.80 $145.50 $5,195.60 $1,397.60 $11,104.20 $88.00 $3,600.00 $7,875.00 $34,587.00 $38,556.00 $1,020.00 $30,360.00 $39,325.00 $73,770.00 $19,000.00 $1,344.00 $5,280.00 $32,291.00 $5,899.60 $188,496.00 $2,121.00 $744.00 $9,259.70 $259,925.30 $893,112.00 $1,090,856.00 $30,600.00 $177,500.00 $2,100.00 $126,000.00 $2,300.00 $5,200.00 $36,400.00 $8,600.00 $101,500.00 $7,200.00 $102,000.00 $14,300.00 $15,600.00 $3,400.00 $1,200.00 $13,600.00 $3,200.00 $3,250.00 $25,668.00 $22,032.00 $5,481.00 $2,160.00 $7,839.00 $334,395.00 $26,936.00 $25,270.00 $9,800.00 $5,200.00 $4,400.00 $6,000.00 $13,500.00 $213,000.00 $77,250.00 $378,210.00 $60,438.00 $136,996.00 $2,610.00 $6,882.00 $46,800.00 $87,792.00 $308,328.00 $17,850.00 $2,620.80 $360.00 $25,887.50 $9,509.60 $18,028.80 $9,645.00 $1,596.00 $7,952.00 $800,000.00 $380,000.00 $48.00 $45.00 $0.18 $100.00 $100.00 $15.00 $15.00 $0.50 $1.00 $9.00 $0.50 $3.05 $0.30 $1,600.00 $25.00 $2.50 $6.80 $3,600.00 $155.00 $14,000.00 $6.00 $175,000.00 $15.00 $15.50 $2.30 $31.00 $11.30 $20.00 $5.00 $1.85 $1.55 $100.00 $135.00 $2,800.00 $2,600.00 $3,200.00 $2,400.00 $4,000.00 $1,600.00 $3,500.00 $4,300.00 $3,900.00 $4,300.00 $2,200.00 $1,450.00 $2,950.00 $5,100.00 $1,300.00 $2,100.00 $2,600.00 $540.00 $2.20 $3.10 $3.90 $8.30 $260.00 $68.00 $110.00 $130.00 $600.00 $800.00 $400.00 $140.00 $190.00 $92.00 $130.00 $12.00 $11.25 $29.00 $44.00 $53.00 $56.00 $28.50 $34.50 $235.00 $3.80 $280.00 $930.00 $0.25 $0.36 $0.73 $305.00 $0.13 $800,000.00 $380,000.00 $27,600.00 $44,730.00 $6,697.08 $5,000.00 $5,000.00 $750.00 $750.00 $10,199.50 $291.00 $7,542.00 $1,747.00 $10,925.10 $132.00 $4,800.00 $13,125.00 $14,175.00 $38,556.00 $7,200.00 $39,215.00 $100,100.00 $88,524.00 $175,000.00 $2,100.00 $8,525.00 $7,578.50 $18,662.00 $152,143.20 $2,020.00 $310.00 $5,525.95 $175,167.05 $811,920.00 $866,268.00 $25,200.00 $184,600.00 $3,200.00 $151,200.00 $4,000.00 $6,400.00 $49,000.00 $8,600.00 $113,100.00 $8,600.00 $132,000.00 $18,850.00 $17,700.00 $5,100.00 $1,300.00 $16,800.00 $2,600.00 $13,500.00 $23,529.00 $20,088.00 $5,089.50 $1,992.00 $30,420.00 $505,308.00 $52,910.00 $46,930.00 $12,000.00 $3,200.00 $1,600.00 $7,000.00 $14,250.00 $163,300.00 $66,950.00 $302,568.00 $48,566.25 $136,996.00 $3,960.00 $4,929.00 $20,160.00 $80,712.00 $366,804.00 $8,225.00 $4,742.40 $840.00 $12,671.25 $5,943.50 $5,408.64 $2,816.34 $405.65 $2,584.40 2 Maintenance Of Traffic LS 1 3 Commercial Material For Driveway Maintenance CY 575 4 Traffic Control Officer MH 994 5 Work Zone Signs ED 37206 6 Barrier Wall, Temporary, F&I, Concrete LF 50 7 Barrier Wall, Temporary, F&I, Low Profile, Concrete LF 50 8 Barrier Wall, Temporary, Relocate, Concrete LF 50 9 Barrier Wall, Temporary, Relocate, Low Profile, Concrete LF 50 10 Barricades, I Or Ii, 50' Spacing ED 20399 11 Barricade (Type Iii) 6' ED 291 12 Advance Warning Panel ED 838 13 High Intensity Flashing Lights (Temp) ED 3494 14 Reflective Pavement Marker, Temp EA 3582 15 Lights,Barrier Wall Mount,Temp,Type C,Steady Burn ED 440 16 Temporary Crash Cushion, Redirective Option LO 3 17 Portable Changeable Message Sign (Temp) ED 525 18 Temporary Signalization And Maintenance Of Intersection ED 5670 19 Temporary Traffic Detection And Maintenance Of Intersection ED 5670 20 Soil Tracking Prevention Device EA 2 21 Inlet Protection System EA 253 22 Clearing & Grubbing AC 7.15 23 Removal Of Exist Conc Pavt SY 14754 24 Regular Excavation (3-R Projects Only) LS 1 25 Stabilization (Type B) SY 140 26 Prepared Soil Layer, Finish Soil Layer, 12" SY 550 27 Reworking Limerock Base, 4" SY 3295 28 Optional Base, Base Group 01 SY 602 29 Optional Base, Base Group 06 SY 13464 30 Optional Base, Base Group 09 SY 101 31 Milling Exist Asph Pavt, 1" Depth SY 62 32 Milling Exist Asph Pavt, 3" Avg Depth SY 2987 33 Milling Exist Asph Pavt, 2" Avg Depth SY 1E+05 34 Superpave Asphaltic Conc, Traffic C TN 8119 35 Asph Conc Fc,Traffic C,Fc-9.5,Rubber TN 6417 36 Inlets, Curb, Type P-3, <10' EA 9 37 Inlets, Curb, Type P-5, <10' EA 71 38 Inlets, Curb, Type P-6, <10' EA 1 39 Inlets, Curb, Type 9, <10' EA 63 40 Inlets, Curb, Type 9, >10' EA 1 41 Inlets, Curb, Type 9, Partial EA 4 42 Inlets, Curb, Type 9, J Bot, <10' EA 14 43 Inlets, Curb, Type J-3, <10' EA 2 44 Inlets, Curb, Type J-5, <10' EA 29 45 Inlets, Curb, Type J-6, <10' EA 2 46 Manholes, P-7, <10' EA 60 47 Manholes, P-7, Partial EA 13 48 Manholes, J-7, <10' EA 6 49 Manholes, J-7, >10' EA 1 50 Junction Box, Drainage, P-7, Partial EA 1 51 Inlets, Dt Bot, Type D, <10' EA 8 52 Inlets, Gutter, Type S, <10' EA 1 53 Manhole, Adjust EA 25 54 Desilting Pipe, 0-24" LF 10695 55 Desilting Pipe, 25-36" LF 6480 56 Desilting Pipe, 37-48" LF 1305 57 Desilting Pipe, 49-60" LF 240 58 Pipe Culvert, Optional Material, Round, 15" S/Cd LF 117 59 Pipe Culvert, Optional Material, Round, 18" S/Cd LF 7431 60 Pipe Culvert, Optional Material, Round, 24" S/Cd LF 481 61 Pipe Culvert, Optional Material, Round, 30" S/Cd LF 361 62 Pipe Culvert, Optional Material, Round, 36" S/Cd LF 20 63 Pipe Culvert, Optional Material, Round, 48" S/Cd LF 4 64 Pipe Culvert, Optional Material, Other Shape - Ellip/Arch, 24" S/C LF 4 65 Pipe Liner, Optional Material, 0-24" LF 50 66 Pipe Liner, Optional Material, 25-36" LF 75 67 Trench Drain, Standard LF 1775 68 Trench Drain, Special LF 515 69 Concrete Curb & Gutter, Type F LF 25214 70 Concrete Curb, Type D LF 4317 71 Sidewalk Concrete, 4" Thick SY 4724 72 Sidewalk Concrete, 6" Thick SY 90 73 Bus Shelter Pad- Concrete SY 93 74 Patterned Pavement, Vehicular Areas SY 360 75 Pavers, Architectural, Roadway SY 2832 76 Pavers, Architectural, Sidewalk SY 10632 77 Detectable Warning On Existing Walking Surface, Retrofit (Sb & EA 35 78 Performance Turf SY 1248 79 Pull & Junction Boxes, Relocate EA 3 80 Solid Traffic Stripe (6" White) NM 13.63 81 Solid Traffic Stripe (8" White) LF 23774 82 Solid Stripe (12" White) LF 15024 83 Solid Traffic Stripe (24" White) LF 3858 841 Skip Traffic Stripe, (White) (10'- 30') GM 1.33 851 Painted Pavement Markings, Standard,White, Dotted / Guideline LF 19880 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Ric -Man International Sealand Contractors Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 86 Pavement Message Painted EA 46 $79.00 $45.00 $1,900.00 $0.40 $16,000.00 $1.20 $1.40 $2.10 $6.80 $16.00 $15,000.00 $380.00 $1,500.00 $1,500.00 $1,800.00 $2,800.00 $480.00 $410.00 $540.00 $680.00 $1,100.00 $84.00 $200.00 $5.60 $1,400.00 $110.00 $28.00 $70,000.00 $16.00 $16.00 $6.80 $6.80 $4,800.00 $8.20 $400.00 $400.00 $480.00 $4,000.00 $1.60 $2,500.00 $1,100.00 $72,000.00 $72,000.00 $2,700.00 $3,400.00 $750.00 $1,200.00 $160.00 $150.00 $470.00 $240.00 $590.00 $30,000.00 $30,000.00 $1,100.00 $1,100.00 $1,100.00 $140.00 $140.00 $140.00 $520.00 $360.00 $140.00 $140.00 $330.00 $1,100.00 $2,800.00 $2,500.00 $119,000.00 $292,000.00 $1,460,000.00 $900.00 $1,400.00 $330.00 $56.00 $88.00 $69.00 $55.00 $27.00 $53.00 $0.00 $6.60 $15.00 $16.00 $740.00 $3,634.00 $6,840.00 $15,249.40 $380.00 $192,000.00 $40,800.00 $22,400.00 $16,800.00 $112,608.00 $27,200.00 $30,000.00 $74,860.00 $180,000.00 $55,500.00 $144,000.00 $112,000.00 $17,760.00 $18,040.00 $6,480.00 $17,680.00 $46,200.00 $1,680.00 $1,600.00 $901.60 $1,400.00 $1,320.00 $84.00 $70,000.00 $7,440.00 $4,640.00 $26,846.40 $2,971.60 $72,000.00 $820.00 $17,200.00 $3,600.00 $2,400.00 $12,000.00 $4,200.00 $7,500.00 $19,800.00 $432,000.00 $216,000.00 $51,300.00 $10,200.00 $52,500.00 $76,800.00 $1,440.00 $3,450.00 $31,960.00 $960.00 $1,180.00 $90,000.00 $30,000.00 $3,300.00 $3,300.00 $3,300.00 $2,240.00 $7,980.00 $840.00 $2,080.00 $1,080.00 $1,260.00 $8,400.00 $2,640.00 $16,500.00 $25,200.00 $47,500.00 $119,000.00 $292,000.00 $1,460,000.00 $18,900.00 $32,200.00 $7,590.00 $840.00 $4,048.00 $28,290.00 $191,840.00 $5,400.00 $1,325.00 $0.00 $8,943.00 $3,915.00 $20,032.00 $50,320.00 $37.00 $21.00 $933.00 $0.25 $13,000.00 $0.88 $1.00 $1.95 $4.55 $18.50 $16,300.00 $500.00 $1,500.00 $640.00 $6,300.00 $9,200.00 $690.00 $380.00 $495.00 $625.00 $940.00 $78.00 $182.00 $5.20 $1,250.00 $99.00 $26.00 $56,000.00 $13.50 $32.50 $4.50 $10.25 $2,500.00 $19.50 $470.00 $890.00 $1,730.00 $1,450.00 $1.35 $270.00 $1,000.00 $26,300.00 $50,000.00 $950.00 $1,420.00 $720.00 $670.00 $8,400.00 $135.00 $1,140.00 $135.00 $1,150.00 $30,000.00 $1,100.00 $1,100.00 $250.00 $55.00 $27.00 $27.00 $1,650.00 $3,800.00 $300.00 $26.00 $26.00 $340.00 $1,300.00 $1,850.00 $360.00 $325,000.00 $820,000.00 $910,000.00 $1,320.00 $1,700.00 $600.00 $150.00 $145.00 $130.00 $100.00 $45.00 $55.00 $0.00 $10.00 $14.00 $6.50 $500.00 $1,702.00 $3,192.00 $7,488.26 $237.50 $156,000.00 $29,920.00 $16,000.00 $15,600.00 $75,348.00 $31,450.00 $32,600.00 $98,500.00 $180,000.00 $23,680.00 $504,000.00 $368,000.00 $25,530.00 $16,720.00 $5,940.00 $16,250.00 $39,480.00 $1,560.00 $1,456.00 $837.20 $1,250.00 $1,188.00 $78.00 $56,000.00 $6,277.50 $9,425.00 $17,766.00 $4,479.25 $37,500.00 $1,950.00 $20,210.00 $8,010.00 $8,650.00 $4,350.00 $3,543.75 $810.00 $18,000.00 $157,800.00 $150,000.00 $18,050.00 $4,260.00 $50,400.00 $42,880.00 $75,600.00 $3,105.00 $77,520.00 $540.00 $2,300.00 $90,000.00 $1,100.00 $3,300.00 $750.00 $165.00 $432.00 $1,539.00 $9,900.00 $15,200.00 $900.00 $234.00 $1,560.00 $2,720.00 $19,500.00 $16,650.00 $6,840.00 $325,000.00 $820,000.00 $910,000.00 $27,720.00 $39,100.00 $13,800.00 $2,250.00 $6,670.00 $53,300.00 $348,800.00 $9,000.00 $1,375.00 $0.00 $13,550.00 $3,654.00 $8,138.00 $34,000.00 87 Directional Arrows, Painted EA 152 88 Solid Traffic Stripe (6" Yellow) NM 8.026 89 Solid Traffic Stripe (8" Yellow) LF 950 90 Architectural, Building, New, Other Building EA 12 91 Conductor Insulated ( F & 1) Insulated, No. 8 LF 34000 92 Conductor Insulated ( F & 1) Insulated, No. 6 LF 16000 93 Conductor Insulated ( F & 1) Insulated, No. 4 LF 8000 94 Conduit (F & 1) ( Underground) (Sch. 40) 2" LF 16560 95 Conduit 2" Directional Boring (Under Pavement) LF 1700 96 Load Center, F&I, Primary Voltage EA 2 97 Lighting - Pull Box, F & I (Sidewalk) EA 197 98 Pole Cable Distribution System (Lighting) EA 120 99 Pole Cable Distribution System (Receptacles) EA 37 100 Lighting Pole Complete (F & 1) (Single Arm) (17') (With Gfi Recer EA 80 101 Lighting Pole Complete (F & 1) (Double Arm) (17') (With Gfi Rec EA 40 102 Pedestal With Gfi Receptacles EA 37 103 Single Post Sign (Furnish & Install) (Less Than 12 Sf) AS 44 104 Single Post Sign (Furnish & Install) (12-20 Sf) AS 12 105 Single Post Sign (Furnish & Install) (21-30 Sf) AS 26 106 Single Post Sign, (F &1),(31+Sf) AS 42 107 Single Post Sign, Install, Furnished By Local Agency Less Than AS 20 108 Single Post Sign (Relocate) AS 8 109 Single Post Sign (Remove) AS 161 110 Multi -Post Sign, (Relocate) AS 1 111 Sign Panel (Replace) (15 Or Less Sf) EA 12 112 Delineator, Flexible Tubular EA 3 113 Painted Pavement Markings (Final Surface) LS 1 114 Directional Bore, Less Than 6" LF 465 115 Directional Bore, 6" To Less Than 12" LF 290 116 Conduit - Signals, F&I, Underground LF 3948 117 Conduit - Signals, F&I, Under Pavement LF 437 118 Cable, Signal, Furnish & Install PI 15 119 Cable, Interconnect, 1-25 Pairs, F&I, Underground LF 100 120 Pull & Junction Boxes, F&I, Pull Box EA 43 121 Pbc-Traffic Its Small Pull Box (17"X30"X24" D) EA 9 122 Pbc-Traffic Its Large Pull Box (30"X48"X24" D) EA 5 123 Signals, Electrical Power Serv., Underground AS 3 124 Electrical Service Wire LF 2625 125 Signals, Elect. Serv. Disconnect, F&I, Pole Mount EA 3 126 Aluminum Signals Pole, F&I, Pedestal EA 18 127 Steel Mast Arm, F&I, Wind Spd. 150, W/O Lumin.-46 EA 6 128 Mast Arm,F&I, Custom Wind Speed, Custom Length EA 3 129 Traffic Signal, F&I, 3 Section, 1 Way, Standard AS 19 130 Traffic Signal, F&I, 5 Section, 1 Way, Standard AS 3 131 Ped Signals (Led Countdown) (1 Sect -1 Way) (F&I) AS 70 132 Loop Assembly, Type F (6'X26') AS 64 133 Vehicle Detector Assemblies (F&I) (Video) EA 9 134 Ped Detector (F&I) Pole Or Cabinet Mount EA 23 135 Ped Detector (F&I) Detector Station W/ Post EA 68 136 Ped Detector, (F&I), Detector With Sign Only EA 4 137 Ped Detector (Relocate) Det Sta W/Post & Sign EA 2 138 Traffic Controller Assembly (F&I) (Nema) AS 3 139 Traffic Controller Assembly (Modify) (Nema) AS 1 140 System Aux, (F&I) (Uninterruptible Power Source) EA 3 141 System Aux, (F&I) (Video Monitors) EA 3 142 System Aux, (F&I) (Video System Support Equip) EA 3 143 Traffic Signal Head Assembly, Removal EA 16 144 Signal Pedestrian Assembly, Remove EA 57 145 Pole Removal- Shallow (Direct Burial) EA 6 146 Complete Pole Removal- Deep (Direct Burial) EA 4 147 Controller Ass. -Remove EA 3 148 Detector Vehicle Assembly, Remove EA 9 149 Detector Pedestrian Assembly, Remove EA 60 150 Span Wire Assembly Remove EA 8 151 Remove Conduit & Cabling PI 15 152 Internally Illuminated Sign (Street Name) (F&I) EA 9 153 Sign Panel (F&I) < 15 Sf EA 19 154 Landscaping Complete (Small Plants) LS 1 155 Landscaping Complete (Large Plants) LS 1 156 Irrigation System LS 1 157 Trash Receptacle EA 21 158 Benches EA 23 159 Bicycle Parking Rack (Bike Bollards) EA 23 160 Litter Removal AC 15 161 Valve Boxes, Adjust EA 46 162 Utility Pipe, F&I, PVC, Water/Sewer, Y-7.9" LF 410 163 Utility Pipe, F&I, PVC, Water/Sewer, 8"-19.9" LF 3488 164 Utility Pipe, F&I, PE, Water/Sewer, 0"-1.9" LF 200 165 Utility Pipe, F&I, PE, Water/Sewer, 2"-4.9" LF 25 166 Utilty Pipe, Adjust Modify, 2"-4.9" LF 30 167 Utility Pipe, Remove & Dispose, 2"-4.9" LF 1355 168 Utility Pipe, Remove & Dispose, Y-7.9" LF 261 169 Utility Pipe, Remove & Dispose, 8"-19.9" LF 1252 170 Utility Fitting, F&I, DI/C1, Elbow, 8"-19.9" EA 68 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Number that was corrected due to error in bid Ric -Man International Sealand Contractors Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 171 Utility Fitting, F&I, DI/CI, Tee, 8"-19.9" EA 8 $950.00 $640.00 $330.00 $4,900.00 $780.00 $1,200.00 $1,100.00 $3,900.00 $850.00 $5,400.00 $5,400.00 $1,600.00 $1,400.00 $6,800.00 $200.00 $540.00 $1,200.00 $10.00 $500,000.00 $7,600.00 $640.00 $1,980.00 $4,900.00 $8,580.00 $1,200.00 $5,500.00 $3,900.00 $1,700.00 $10,800.00 $43,200.00 $16,000.00 $1,400.00 $81,600.00 $200.00 $5,940.00 $3,600.00 $10.00 $500,000.00 $700.00 $500.00 $600.00 $2,000.00 $300.00 $400.00 $730.00 $3,000.00 $900.00 $7,000.00 $3,700.00 $1,450.00 $1,200.00 $9,300.00 $200.00 $1,100.00 $800.00 $10.00 $500,000.00 $5,600.00 $500.00 $3,600.00 $2,000.00 $3,300.00 $400.00 $3,650.00 $3,000.00 $1,800.00 $14,000.00 $29,600.00 $14,500.00 $1,200.00 $111,600.00 $200.00 $12,100.00 $2,400.00 $10.00 $500,000.00 172 Utility Fitting, F&I, DI/CI, Reducer, 8"-19.9" EA 1 173 Utility Fitting, F&I, DI/CI, Cap/Plug, 8"-19.9" EA 6 174 Utility Structure, Below Ground, F&I, Water/Sewer, 0-80ft3, 0-6' EA 1 175 Utilty Fixture, F&I, 0-1.9", Tapping Saddle/Sleeve EA 11 176 Utilty Fixture, F&I, 2-4.9", Tapping Saddle/Sleeve EA 1 177 Utilty Fixture, F&I, 2-4.9", Blowoff Assembly EA 5 178 Utility Fixture, F&I, Y-7.9", Tapping Saddle/Sleeve EA 1 179 Utility Fixture, F&I, Y-7.9", Valve Assembly EA 2 180 Utility Fixture, F&I, Y-7.9", Line Stop Assembly EA 2 181 Utility Fixture, F&I, 8"-19.9", Tapping Saddle/Sleeve EA 8 182 Utility Fixture, F&I, 8"-19.9", Valve Assembly EA 10 183 Utility Fixture, F&I, 8"-19.9", Vac/Air Assembly EA 1 184 Utility Fixture, F&I, 8"-19.9", Line Stop Assembly EA 12 185 Remove and dispose, Utilty Fixture EA 1 186 Utility Fixtures, Special, 8"-19.9", Sleeve EA 11 187 Fire Hydrant, Relocate EA 3 188 Indemnification LS 1 189 Undefined General Allowance LS 1 Total $11,178,888.40 $12,486,967.77 Number that was corrected due to error in bid Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Ocean Bay Bergeron Land Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 1 Mobilization LS 1 $1,384,321.00 $121,000.00 $2.00 $43.00 $0.50 $50.00 $40.00 $150.00 $150.00 $0.66 $10.00 $20.00 $2.00 $4.00 $10.00 $1,500.00 $20.00 $2.40 $6.60 $2,500.00 $200.00 $246,774.00 $4.50 $100,000.00 $8.50 $10.00 $11.00 $13.00 $11.00 $40.00 $10.00 $2.00 $2.00 $100.00 $143.50 $4,473.00 $3,361.00 $5,750.00 $3,455.00 $5,562.00 $2,437.50 $6,150.00 $5,687.50 $6,013.75 $5,875.00 $3,681.25 $1,662.50 $5,350.00 $7,112.50 $2,125.00 $2,125.00 $4,250.00 $350.00 $2.50 $3.50 $4.50 $13.00 $30.00 $50.16 $86.40 $89.00 $218.00 $325.00 $283.00 $200.00 $200.00 $192.00 $174.00 $12.45 $12.50 $24.00 $25.00 $33.00 $80.00 $39.00 $37.25 $350.00 $5.00 $253.00 $898.00 $0.24 $0.35 $0.70 $290.00 $0.12 $1,384,321.00 $121,000.00 $1,150.00 $42,742.00 $18,603.00 $2,500.00 $2,000.00 $7,500.00 $7,500.00 $13,463.34 $2,910.00 $16,760.00 $6,988.00 $14,328.00 $4,400.00 $4,500.00 $10,500.00 $13,608.00 $37,422.00 $5,000.00 $50,600.00 $1,764,434.10 $66,393.00 $100,000.00 $1,190.00 $5,500.00 $36,245.00 $7,826.00 $148,104.00 $4,040.00 $620.00 $5,974.00 $226,022.00 $811,920.00 $920,810.80 $40,257.00 $238,631.00 $5,750.00 $217,665.00 $5,562.00 $9,750.00 $86,100.00 $11,375.00 $174,398.75 $11,750.00 $220,875.00 $21,612.50 $32,100.00 $7,112.50 $2,125.00 $17,000.00 $4,250.00 $8,750.00 $26,737.50 $22,680.00 $5,872.50 $3,120.00 $3,510.00 $372,738.96 $41,558.40 $32,129.00 $4,360.00 $1,300.00 $1,132.00 $10,000.00 $15,000.00 $340,800.00 $89,610.00 $313,914.30 $53,962.50 $113,376.00 $2,250.00 $3,069.00 $28,800.00 $110,448.00 $396,042.00 $12,250.00 $6,240.00 $759.00 $12,235.25 $5,705.76 $5,258.40 $2,700.60 $385.70 $2,385.60 $811,140.96 $814,729.92 $14.16 $87.11 $0.27 $15.78 $44.92 $6.57 $7.67 $0.09 $0.22 $5.48 $0.11 $3.23 $0.33 $1,095.71 $14.24 $8.77 $8.77 $1,277.60 $120.53 $16,121.17 $5.62 $108,979.22 $18.33 $26.32 $2.10 $10.55 $14.88 $37.52 $2.15 $2.67 $2.38 $106.28 $157.23 $4,108.91 $3,314.52 $3,670.63 $2,684.49 $3,615.84 $1,807.92 $3,259.74 $3,643.24 $4,081.52 $4,601.98 $2,437.95 $1,643.56 $2,958.42 $3,999.34 $2,136.63 $2,596.83 $3,725.41 $547.85 $2.47 $3.56 $4.44 $9.92 $75.24 $51.14 $64.68 $72.54 $139.70 $602.64 $339.67 $178.60 $222.43 $235.58 $235.58 $10.60 $10.28 $28.79 $44.13 $69.01 $59.17 $29.98 $27.51 $383.50 $3.94 $385.69 $984.31 $0.26 $0.38 $0.77 $317.75 $0.13 $811,140.96 $814,729.92 $8,142.00 $86,587.34 $10,045.62 $789.00 $2,246.00 $328.50 $383.50 $1,835.91 $64.02 $4,592.24 $384.34 $11,569.86 $145.20 $3,287.13 $7,476.00 $49,725.90 $49,725.90 $2,555.20 $30,494.09 $115,266.37 $82,917.48 $108,979.22 $2,566.20 $14,476.00 $6,919.50 $6,351.10 $200,344.32 $3,789.52 $133.30 $7,975.29 $268,966.18 $862,908.58 $1,008,913.46 $36,980.19 $235,330.92 $3,670.63 $169,122.87 $3,615.84 $7,231.68 $45,636.36 $7,286.48 $118,364.08 $9,203.96 $146,277.00 $21,366.28 $17,750.52 $3,999.34 $2,136.63 $20,774.64 $3,725.41 $13,696.25 $26,416.65 $23,068.80 $5,794.20 $2,380.80 $8,803.08 $380,021.34 $31,111.08 $26,186.94 $2,794.00 $2,410.56 $1,358.68 $8,930.00 $16,682.25 $418,154.50 $121,323.70 $267,268.40 $44,378.76 $136,003.96 $3,971.70 $6,417.93 $21,301.20 $84,903.36 $292,486.32 $13,422.50 $4,917.12 $1,157.07 $13,411.22 $6,181.24 $5,709.12 $2,970.66 $422.61 $2,584.40 2 Maintenance Of Traffic LS 1 3 Commercial Material For Driveway Maintenance CY 575 4 Traffic Control Officer MH 994 5 Work Zone Signs ED 37206 6 Barrier Wall, Temporary, F&I, Concrete LF 50 7 Barrier Wall, Temporary, F&I, Low Profile, Concrete LF 50 8 Barrier Wall, Temporary, Relocate, Concrete LF 50 9 Barrier Wall, Temporary, Relocate, Low Profile, Concrete LF 50 10 Barricades, I Or Ii, 50' Spacing ED 20399 11 Barricade (Type Iii) 6' ED 291 12 Advance Warning Panel ED 838 13 High Intensity Flashing Lights (Temp) ED 3494 14 Reflective Pavement Marker, Temp EA 3582 15 Lights,Barrier Wall Mount,Temp,Type C,Steady Burn ED 440 16 Temporary Crash Cushion, Redirective Option LO 3 17 Portable Changeable Message Sign (Temp) ED 525 18 Temporary Signalization And Maintenance Of Intersection ED 5670 19 Temporary Traffic Detection And Maintenance Of Intersection ED 5670 20 Soil Tracking Prevention Device EA 2 21 Inlet Protection System EA 253 22 Clearing & Grubbing AC 7.15 23 Removal Of Exist Conc Pavt SY 14754 24 Regular Excavation (3-R Projects Only) LS 1 25 Stabilization (Type B) SY 140 26 Prepared Soil Layer, Finish Soil Layer, 12" SY 550 27 Reworking Limerock Base, 4" SY 3295 28 Optional Base, Base Group 01 SY 602 29 Optional Base, Base Group 06 SY 13464 30 Optional Base, Base Group 09 SY 101 31 Milling Exist Asph Pavt, 1" Depth SY 62 32 Milling Exist Asph Pavt, 3" Avg Depth SY 2987 33 Milling Exist Asph Pavt, 2" Avg Depth SY 1E+05 34 Superpave Asphaltic Conc, Traffic C TN 8119 35 Asph Conc Fc,Traffic C,Fc-9.5,Rubber TN 6417 36 Inlets, Curb, Type P-3, <10' EA 9 37 Inlets, Curb, Type P-5, <10' EA 71 38 Inlets, Curb, Type P-6, <10' EA 1 39 Inlets, Curb, Type 9, <10' EA 63 40 Inlets, Curb, Type 9, >10' EA 1 41 Inlets, Curb, Type 9, Partial EA 4 42 Inlets, Curb, Type 9, J Bot, <10' EA 14 43 Inlets, Curb, Type J-3, <10' EA 2 44 Inlets, Curb, Type J-5, <10' EA 29 45 Inlets, Curb, Type J-6, <10' EA 2 46 Manholes, P-7, <10' EA 60 47 Manholes, P-7, Partial EA 13 48 Manholes, J-7, <10' EA 6 49 Manholes, J-7, >10' EA 1 50 Junction Box, Drainage, P-7, Partial EA 1 51 Inlets, Dt Bot, Type D, <10' EA 8 52 Inlets, Gutter, Type S, <10' EA 1 53 Manhole, Adjust EA 25 54 Desilting Pipe, 0-24" LF 10695 55 Desilting Pipe, 25-36" LF 6480 56 Desilting Pipe, 37-48" LF 1305 57 Desilting Pipe, 49-60" LF 240 58 Pipe Culvert, Optional Material, Round, 15" S/Cd LF 117 59 Pipe Culvert, Optional Material, Round, 18" S/Cd LF 7431 60 Pipe Culvert, Optional Material, Round, 24" S/Cd LF 481 61 Pipe Culvert, Optional Material, Round, 30" S/Cd LF 361 62 Pipe Culvert, Optional Material, Round, 36" S/Cd LF 20 63 Pipe Culvert, Optional Material, Round, 48" S/Cd LF 4 64 Pipe Culvert, Optional Material, Other Shape - Ellip/Arch, 24" S/C LF 4 65 Pipe Liner, Optional Material, 0-24" LF 50 66 Pipe Liner, Optional Material, 25-36" LF 75 67 Trench Drain, Standard LF 1775 68 Trench Drain, Special LF 515 69 Concrete Curb & Gutter, Type F LF 25214 70 Concrete Curb, Type D LF 4317 71 Sidewalk Concrete, 4" Thick SY 4724 72 Sidewalk Concrete, 6" Thick SY 90 73 Bus Shelter Pad- Concrete SY 93 74 Patterned Pavement, Vehicular Areas SY 360 75 Pavers, Architectural, Roadway SY 2832 76 Pavers, Architectural, Sidewalk SY 10632 77 Detectable Warning On Existing Walking Surface, Retrofit (Sb & EA 35 78 Performance Turf SY 1248 79 Pull & Junction Boxes, Relocate EA 3 80 Solid Traffic Stripe (6" White) NM 13.63 81 Solid Traffic Stripe (8" White) LF 23774 82 Solid Stripe (12" White) LF 15024 83 Solid Traffic Stripe (24" White) LF 3858 84 Skip Traffic Stripe, (White) (10'- 30') GM 1.33 85 Painted Pavement Markings, Standard,White, Dotted / Guideline LF 19880 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Ocean Bay Bergeron Land Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 86 Pavement Message Painted EA 46 $35.00 $20.00 $898.00 $0.24 $11,025.00 $1.30 $1.40 $2.00 $4.40 $36.00 $18,079.00 $372.00 $1,590.00 $679.00 $6,490.00 $9,654.00 $1,075.00 $315.00 $890.00 $1,044.00 $1,640.00 $94.00 $159.00 $10.00 $2,050.00 $218.00 $52.00 $54,250.00 $21.50 $44.50 $4.60 $28.00 $2,349.00 $12.50 $470.00 $544.00 $1,866.00 $2,456.00 $1.50 $793.00 $1,026.00 $22,836.00 $62,335.00 $893.00 $1,412.00 $685.00 $640.00 $6,380.00 $165.00 $419.00 $182.00 $419.00 $32,945.00 $1,717.00 $608.00 $184.00 $3,573.00 $43.00 $43.00 $773.00 $773.00 $344.00 $43.00 $43.00 $516.00 $516.00 $2,471.10 $342.30 $146,682.00 $462,539.00 $1,231,890.00 $1,600.00 $2,050.00 $520.00 $100.00 $200.00 $117.00 $55.00 $46.00 $43.00 $0.00 $2.00 $4.00 $8.00 $470.00 $1,610.00 $3,040.00 $7,207.35 $228.00 $132,300.00 $44,200.00 $22,400.00 $16,000.00 $72,864.00 $61,200.00 $36,158.00 $73,284.00 $190,800.00 $25,123.00 $519,200.00 $386,160.00 $39,775.00 $13,860.00 $10,680.00 $27,144.00 $68,880.00 $1,880.00 $1,272.00 $1,610.00 $2,050.00 $2,616.00 $156.00 $54,250.00 $9,997.50 $12,905.00 $18,160.80 $12,236.00 $35,235.00 $1,250.00 $20,210.00 $4,896.00 $9,330.00 $7,368.00 $3,937.50 $2,379.00 $18,468.00 $137,016.00 $187,005.00 $16,967.00 $4,236.00 $47,950.00 $40,960.00 $57,420.00 $3,795.00 $28,492.00 $728.00 $838.00 $98,835.00 $1,717.00 $1,824.00 $552.00 $10,719.00 $688.00 $2,451.00 $4,638.00 $3,092.00 $1,032.00 $387.00 $2,580.00 $4,128.00 $7,740.00 $22,239.90 $6,503.70 $146,682.00 $462,539.00 $1,231,890.00 $33,600.00 $47,150.00 $11,960.00 $1,500.00 $9,200.00 $47,970.00 $191,840.00 $9,200.00 $1,075.00 $0.00 $2,710.00 $1,044.00 $10,016.00 $31,960.00 $38.35 $21.91 $984.44 $0.26 $124,253.49 $1.21 $1.31 $3.07 $7.12 $22.46 $9,876.73 $433.90 $1,580.01 $672.77 $7,150.60 $10,216.40 $1,320.33 $657.43 $876.57 $1,287.46 $1,369.64 $109.57 $16.44 $1.10 $410.89 $328.71 $76.70 $59,442.26 $20.38 $25.31 $7.12 $18.96 $4,765.23 $2.74 $433.90 $462.39 $1,050.78 $1,784.91 $1.53 $1,083.65 $840.41 $29,840.50 $47,781.62 $794.39 $1,059.55 $635.51 $1,290.74 $5,725.07 $221.33 $809.73 $221.33 $631.13 $32,458.15 $1,609.59 $764.80 $886.43 $790.01 $62.46 $62.46 $504.03 $764.81 $773.57 $65.74 $66.84 $1,066.13 $976.28 $3,544.62 $328.71 $140,023.50 $221,717.43 $1,121,874.72 $752.14 $1,111.55 $273.33 $618.20 $438.28 $137.33 $67.03 $32.64 $59.88 $71.43 $11.93 $53.37 $8.90 $651.95 $1,764.10 $3,330.32 $7,901.12 $247.00 $1,491,041.88 $41,140.00 $20,960.00 $24,560.00 $117,907.20 $38,182.00 $19,753.46 $85,478.30 $189,601.20 $24,892.49 $572,048.00 $408,656.00 $48,852.21 $28,926.92 $10,518.84 $33,473.96 $57,524.88 $2,191.40 $131.52 $177.10 $410.89 $3,944.52 $230.10 $59,442.26 $9,476.70 $7,339.90 $28,109.76 $8,285.52 $71,478.45 $274.00 $18,657.70 $4,161.51 $5,253.90 $5,354.73 $4,016.25 $3,250.95 $15,127.38 $179,043.00 $143,344.86 $15,093.41 $3,178.65 $44,485.70 $82,607.36 $51,525.63 $5,090.59 $55,061.64 $885.32 $1,262.26 $97,374.45 $1,609.59 $2,294.40 $2,659.29 $2,370.03 $999.36 $3,560.22 $3,024.18 $3,059.24 $2,320.71 $591.66 $4,010.40 $8,529.04 $14,644.20 $31,901.58 $6,245.49 $140,023.50 $221,717.43 $1,121,874.72 $15,794.94 $25,565.65 $6,286.59 $9,273.00 $20,160.88 $56,305.30 $233,800.64 $6,528.00 $1,497.00 $2,142.90 $16,165.15 $13,929.57 $11,142.80 $44,332.60 87 Directional Arrows, Painted EA 152 88 Solid Traffic Stripe (6" Yellow) NM 8.026 89 Solid Traffic Stripe (8" Yellow) LF 950 90 Architectural, Building, New, Other Building EA 12 91 Conductor Insulated ( F & 1) Insulated, No. 8 LF 34000 92 Conductor Insulated ( F & 1) Insulated, No. 6 LF 16000 93 Conductor Insulated ( F & 1) Insulated, No. 4 LF 8000 94 Conduit (F & 1) ( Underground) (Sch. 40) 2" LF 16560 95 Conduit 2" Directional Boring (Under Pavement) LF 1700 96 Load Center, F&I, Primary Voltage EA 2 97 Lighting - Pull Box, F & I (Sidewalk) EA 197 98 Pole Cable Distribution System (Lighting) EA 120 99 Pole Cable Distribution System (Receptacles) EA 37 100 Lighting Pole Complete (F & 1) (Single Arm) (17') (With Gfi Recer EA 80 101 Lighting Pole Complete (F & 1) (Double Arm) (17') (With Gfi Rec EA 40 102 Pedestal With Gfi Receptacles EA 37 103 Single Post Sign (Furnish & Install) (Less Than 12 Sf) AS 44 104 Single Post Sign (Furnish & Install) (12-20 Sf) AS 12 105 Single Post Sign (Furnish & Install) (21-30 Sf) AS 26 106 Single Post Sign, (F &1),(31+Sf) AS 42 107 Single Post Sign, Install, Furnished By Local Agency Less Than AS 20 108 Single Post Sign (Relocate) AS 8 109 Single Post Sign (Remove) AS 161 110 Multi -Post Sign, (Relocate) AS 1 111 Sign Panel (Replace) (15 Or Less Sf) EA 12 112 Delineator, Flexible Tubular EA 3 113 Painted Pavement Markings (Final Surface) LS 1 114 Directional Bore, Less Than 6" LF 465 115 Directional Bore, 6" To Less Than 12" LF 290 116 Conduit - Signals, F&I, Underground LF 3948 117 Conduit - Signals, F&I, Under Pavement LF 437 118 Cable, Signal, Furnish & Install PI 15 119 Cable, Interconnect, 1-25 Pairs, F&I, Underground LF 100 120 Pull & Junction Boxes, F&I, Pull Box EA 43 121 Pbc-Traffic Its Small Pull Box (17"X30"X24" D) EA 9 122 Pbc-Traffic Its Large Pull Box (30"X48"X24" D) EA 5 123 Signals, Electrical Power Serv., Underground AS 3 124 Electrical Service Wire LF 2625 125 Signals, Elect. Serv. Disconnect, F&I, Pole Mount EA 3 126 Aluminum Signals Pole, F&I, Pedestal EA 18 127 Steel Mast Arm, F&I, Wind Spd. 150, W/O Lumin.-46 EA 6 128 Mast Arm,F&I, Custom Wind Speed, Custom Length EA 3 129 Traffic Signal, F&I, 3 Section, 1 Way, Standard AS 19 130 Traffic Signal, F&I, 5 Section, 1 Way, Standard AS 3 131 Ped Signals (Led Countdown) (1 Sect -1 Way) (F&I) AS 70 132 Loop Assembly, Type F (6'X26') AS 64 133 Vehicle Detector Assemblies (F&I) (Video) EA 9 134 Ped Detector (F&I) Pole Or Cabinet Mount EA 23 135 Ped Detector (F&I) Detector Station W/ Post EA 68 136 Ped Detector, (F&I), Detector With Sign Only EA 4 137 Ped Detector (Relocate) Det Sta W/Post & Sign EA 2 138 Traffic Controller Assembly (F&I) (Nema) AS 3 139 Traffic Controller Assembly (Modify) (Nema) AS 1 140 System Aux, (F&I) (Uninterruptible Power Source) EA 3 141 System Aux, (F&I) (Video Monitors) EA 3 142 System Aux, (F&I) (Video System Support Equip) EA 3 143 Traffic Signal Head Assembly, Removal EA 16 144 Signal Pedestrian Assembly, Remove EA 57 145 Pole Removal- Shallow (Direct Burial) EA 6 146 Complete Pole Removal- Deep (Direct Burial) EA 4 147 Controller Ass. -Remove EA 3 148 Detector Vehicle Assembly, Remove EA 9 149 Detector Pedestrian Assembly, Remove EA 60 150 Span Wire Assembly Remove EA 8 151 Remove Conduit & Cabling PI 15 152 Internally Illuminated Sign (Street Name) (F&I) EA 9 153 Sign Panel (F&I) < 15 Sf EA 19 154 Landscaping Complete (Small Plants) LS 1 155 Landscaping Complete (Large Plants) LS 1 156 Irrigation System LS 1 157 Trash Receptacle EA 21 158 Benches EA 23 159 Bicycle Parking Rack (Bike Bollards) EA 23 160 Litter Removal AC 15 161 Valve Boxes, Adjust EA 46 162 Utility Pipe, F&I, PVC, Water/Sewer, Y-7.9" LF 410 163 Utility Pipe, F&I, PVC, Water/Sewer, 8"-19.9" LF 3488 164 Utility Pipe, F&I, PE, Water/Sewer, 0"-1.9" LF 200 165 Utility Pipe, F&I, PE, Water/Sewer, 2"-4.9" LF 25 166 Utilty Pipe, Adjust Modify, 2"-4.9" LF 30 167 Utility Pipe, Remove & Dispose, 2"-4.9" LF 1355 168 Utility Pipe, Remove & Dispose, Y-7.9" LF 261 169 Utility Pipe, Remove & Dispose, 8"-19.9" LF 1252 170 Utility Fitting, F&I, DI/C1, Elbow, 8"-19.9" EA 68 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Number that was corrected due to error in bid Ocean Bay Bergeron Land Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 171 Utility Fittin , F&I, DI/CI, Tee, 8"-19.9" EA 8 $600.00 $400.00 $500.00 $7,000.00 $500.00 $1,000.00 $980.00 $4,775.00 $2,000.00 $6,650.00 $4,500.00 $1,200.00 $1,000.00 $10,375.00 $500.00 $850.00 $1,000.00 $10.00 $500,000.00 $4,800.00 $400.00 $3,000.00 $7,000.00 $5,500.00 $1,000.00 $4,900.00 $4,775.00 $4,000.00 $13,300.00 $36,000.00 $12,000.00 $1,000.00 $124,500.00 $500.00 $9,350.00 $3,000.00 $10.00 $500,000.00 $931.35 $788.91 $1,123.10 $3,067.98 $630.03 $1,040.92 $712.21 $3,407.65 $1,150.50 $5,259.40 $4,273.26 $1,725.74 $958.74 $9,532.66 $180.79 $903.96 $1,079.27 $10.00 $500,000.00 $7,450.80 $788.91 $6,738.60 $3,067.98 $6,930.33 $1,040.92 $3,561.05 $3,407.65 $2,301.00 $10,518.80 $34,186.08 $17,257.40 $958.74 $114,391.92 $180.79 $9,943.56 $3,237.81 $10.00 $500,000.00 172 Utility Fitting, F&I, DI/CI, Reducer, 8"-19.9" EA 1 173 Utility Fitting, F&I, DI/CI, Cap/Plug, 8"-19.9" EA 6 174 Utility Structure, Below Ground, F&I, Water/Sewer, 0-80ft3, 0-6' EA 1 175 Utilty Fixture, F&I, 0-1.9", Tapping Saddle/Sleeve EA 11 176 Utilty Fixture, F&I, 2-4.9", Tapping Saddle/Sleeve EA 1 177 Utilty Fixture, F&I, 2-4.9", Blowoff Assembly EA 5 178 Utility Fixture, F&I, Y-7.9", Tapping Saddle/Sleeve EA 1 179 Utility Fixture, F&I, Y-7.9", Valve Assembly EA 2 180 Utility Fixture, F&I, Y-7.9", Line Stop Assembly EA 2 181 Utility Fixture, F&I, 8"-19.9", Tapping Saddle/Sleeve EA 8 182 Utility Fixture, F&I, 8"-19.9", Valve Assembly EA 10 183 Utility Fixture, F&I, 8"-19.9", Vac/Air Assembly EA 1 184 Utility Fixture, F&I, 8"-19.9", Line Stop Assembly EA 12 185 Remove and dispose, Utilty Fixture EA 1 186 Utility Fixtures, Special, 8"-19.9", Sleeve EA 11 187 Fire Hydrant, Relocate EA 3 188 Indemnification LS 1 189 Undefined General Allowance LS 1 Total $14,664,493.21 $14,349,228.06 Number that was corrected due to error in bid Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Gibbs & Register Weekley Asphalt Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 1 Mobilization LS 1 $1,240,000.00 $247,300.00 $35.00 $35.00 $1.00 $50.00 $100.00 $10.00 $15.00 $1.00 $1.00 $1.00 $1.00 $3.00 $1.00 $2,500.00 $20.00 $2.00 $2.00 $6,500.00 $60.00 $22,000.00 $15.00 $622,000.00 $20.00 $10.00 $5.00 $12.00 $15.00 $30.00 $4.00 $4.00 $3.00 $110.00 $135.00 $4,000.00 $4,000.00 $4,200.00 $3,500.00 $3,800.00 $2,400.00 $5,500.00 $5,500.00 $4,800.00 $5,000.00 $2,700.00 $1,700.00 $3,100.00 $6,000.00 $1,200.00 $2,500.00 $3,100.00 $500.00 $3.00 $6.00 $10.00 $30.00 $585.00 $170.00 $245.00 $250.00 $1,000.00 $1,500.00 $930.00 $115.00 $175.00 $165.00 $230.00 $13.00 $13.00 $26.00 $28.00 $60.00 $60.00 $35.00 $38.00 $260.00 $6.00 $650.00 $900.00 $1.00 $1.00 $2.00 $300.00 $1.00 $1,240,000.00 $247,300.00 $20,125.00 $34,790.00 $37,206.00 $2,500.00 $5,000.00 $500.00 $750.00 $20,399.00 $291.00 $838.00 $3,494.00 $10,746.00 $440.00 $7,500.00 $10,500.00 $11,340.00 $11,340.00 $13,000.00 $15,180.00 $157,300.00 $221,310.00 $622,000.00 $2,800.00 $5,500.00 $16,475.00 $7,224.00 $201,960.00 $3,030.00 $248.00 $11,948.00 $339,033.00 $893,112.00 $866,268.00 $36,000.00 $284,000.00 $4,200.00 $220,500.00 $3,800.00 $9,600.00 $77,000.00 $11,000.00 $139,200.00 $10,000.00 $162,000.00 $22,100.00 $18,600.00 $6,000.00 $1,200.00 $20,000.00 $3,100.00 $12,500.00 $32,085.00 $38,880.00 $13,050.00 $7,200.00 $68,445.00 $1,263,270.00 $117,845.00 $90,250.00 $20,000.00 $6,000.00 $3,720.00 $5,750.00 $13,125.00 $292,875.00 $118,450.00 $327,782.00 $56,121.00 $122,824.00 $2,520.00 $5,580.00 $21,600.00 $99,120.00 $404,016.00 $9,100.00 $7,488.00 $1,950.00 $12,262.50 $23,774.00 $15,024.00 $7,716.00 $399.00 $19,880.00 $673,000.00 $1,441,000.00 $24.00 $55.00 $0.55 $28.00 $35.00 $28.00 $28.00 $0.27 $0.56 $18.35 $0.56 $3.15 $0.27 $2,056.00 $16.70 $1.00 $1.00 $250.00 $59.00 $44,913.95 $16.50 $1,094,510.00 $6.00 $8.10 $5.28 $17.00 $17.90 $25.15 $3.00 $3.00 $2.25 $100.00 $130.00 $5,000.00 $4,800.00 $5,000.00 $4,000.00 $4,200.00 $1,800.00 $5,900.00 $6,300.00 $6,400.00 $6,500.00 $4,500.00 $2,100.00 $5,800.00 $8,500.00 $2,100.00 $3,200.00 $3,400.00 $300.00 $3.20 $3.40 $5.00 $12.00 $90.00 $100.00 $110.00 $120.00 $150.00 $200.00 $200.00 $140.00 $290.00 $155.00 $155.00 $16.35 $14.85 $27.55 $36.55 $54.30 $77.60 $35.90 $50.10 $334.00 $3.20 $100.00 $922.00 $0.26 $0.38 $0.77 $310.00 $0.15 $673,000.00 $1,441,000.00 $13,800.00 $54,670.00 $20,463.30 $1,400.00 $1,750.00 $1,400.00 $1,400.00 $5,507.73 $162.96 $15,377.30 $1,956.64 $11,283.30 $118.80 $6,168.00 $8,767.50 $5,670.00 $5,670.00 $500.00 $14,927.00 $321,134.74 $243,441.00 $1,094,510.00 $840.00 $4,455.00 $17,397.60 $10,234.00 $241,005.60 $2,540.15 $186.00 $8,961.00 $254,274.75 $811,920.00 $834,184.00 $45,000.00 $340,800.00 $5,000.00 $252,000.00 $4,200.00 $7,200.00 $82,600.00 $12,600.00 $185,600.00 $13,000.00 $270,000.00 $27,300.00 $34,800.00 $8,500.00 $2,100.00 $25,600.00 $3,400.00 $7,500.00 $34,224.00 $22,032.00 $6,525.00 $2,880.00 $10,530.00 $743,100.00 $52,910.00 $43,320.00 $3,000.00 $800.00 $800.00 $7,000.00 $21,750.00 $275,125.00 $79,825.00 $412,248.90 $64,107.45 $130,146.20 $3,289.50 $5,049.90 $27,936.00 $101,668.80 $532,663.20 $11,690.00 $3,993.60 $300.00 $12,562.25 $6,181.24 $5,709.12 $2,970.66 $412.30 $2,982.00 2 Maintenance Of Traffic LS 1 3 Commercial Material For Driveway Maintenance CY 575 4 Traffic Control Officer MH 994 5 Work Zone Signs ED 37206 6 Barrier Wall, Temporary, F&I, Concrete LF 50 7 Barrier Wall, Temporary, F&I, Low Profile, Concrete LF 50 8 Barrier Wall, Temporary, Relocate, Concrete LF 50 9 Barrier Wall, Temporary, Relocate, Low Profile, Concrete LF 50 10 Barricades, I Or Ii, 50' Spacing ED 20399 11 Barricade (Type Iii) 6' ED 291 12 Advance Warning Panel ED 838 13 High Intensity Flashing Lights (Temp) ED 3494 14 Reflective Pavement Marker, Temp EA 3582 15 Lights,Barrier Wall Mount,Temp,Type C,Steady Burn ED 440 16 Temporary Crash Cushion, Redirective Option LO 3 17 Portable Changeable Message Sign (Temp) ED 525 18 Temporary Signalization And Maintenance Of Intersection ED 5670 19 Temporary Traffic Detection And Maintenance Of Intersection ED 5670 20 Soil Tracking Prevention Device EA 2 21 Inlet Protection System EA 253 22 Clearing & Grubbing AC 7.15 23 Removal Of Exist Conc Pavt SY 14754 24 Regular Excavation (3-R Projects Only) LS 1 25 Stabilization (Type B) SY 140 26 Prepared Soil Layer, Finish Soil Layer, 12" SY 550 27 Reworking Limerock Base, 4" SY 3295 28 Optional Base, Base Group 01 SY 602 29 Optional Base, Base Group 06 SY 13464 30 Optional Base, Base Group 09 SY 101 31 Milling Exist Asph Pavt, 1" Depth SY 62 32 Milling Exist Asph Pavt, 3" Avg Depth SY 2987 33 Milling Exist Asph Pavt, 2" Avg Depth SY 1E+05 34 Superpave Asphaltic Conc, Traffic C TN 8119 35 Asph Conc Fc,Traffic C,Fc-9.5,Rubber TN 6417 36 Inlets, Curb, Type P-3, <10' EA 9 37 Inlets, Curb, Type P-5, <10' EA 71 38 Inlets, Curb, Type P-6, <10' EA 1 39 Inlets, Curb, Type 9, <10' EA 63 40 Inlets, Curb, Type 9, >10' EA 1 41 Inlets, Curb, Type 9, Partial EA 4 42 Inlets, Curb, Type 9, J Bot, <10' EA 14 43 Inlets, Curb, Type J-3, <10' EA 2 44 Inlets, Curb, Type J-5, <10' EA 29 45 Inlets, Curb, Type J-6, <10' EA 2 46 Manholes, P-7, <10' EA 60 47 Manholes, P-7, Partial EA 13 48 Manholes, J-7, <10' EA 6 49 Manholes, J-7, >10' EA 1 50 Junction Box, Drainage, P-7, Partial EA 1 51 Inlets, Dt Bot, Type D, <10' EA 8 52 Inlets, Gutter, Type S, <10' EA 1 53 Manhole, Adjust EA 25 54 Desilting Pipe, 0-24" LF 10695 55 Desilting Pipe, 25-36" LF 6480 56 Desilting Pipe, 37-48" LF 1305 57 Desilting Pipe, 49-60" LF 240 58 Pipe Culvert, Optional Material, Round, 15" S/Cd LF 117 59 Pipe Culvert, Optional Material, Round, 18" S/Cd LF 7431 60 Pipe Culvert, Optional Material, Round, 24" S/Cd LF 481 61 Pipe Culvert, Optional Material, Round, 30" S/Cd LF 361 62 Pipe Culvert, Optional Material, Round, 36" S/Cd LF 20 63 Pipe Culvert, Optional Material, Round, 48" S/Cd LF 4 64 Pipe Culvert, Optional Material, Other Shape - Ellip/Arch, 24" S/C LF 4 65 Pipe Liner, Optional Material, 0-24" LF 50 66 Pipe Liner, Optional Material, 25-36" LF 75 67 Trench Drain, Standard LF 1775 68 Trench Drain, Special LF 515 69 Concrete Curb & Gutter, Type F LF 25214 70 Concrete Curb, Type D LF 4317 71 Sidewalk Concrete, 4" Thick SY 4724 72 Sidewalk Concrete, 6" Thick SY 90 73 Bus Shelter Pad- Concrete SY 93 74 Patterned Pavement, Vehicular Areas SY 360 75 Pavers, Architectural, Roadway SY 2832 76 Pavers, Architectural, Sidewalk SY 10632 77 Detectable Warning On Existing Walking Surface, Retrofit (Sb & EA 35 78 Performance Turf SY 1248 79 Pull & Junction Boxes, Relocate EA 3 80 Solid Traffic Stripe (6" White) NM 13.63 81 Solid Traffic Stripe (8" White) LF 23774 82 Solid Stripe (12" White) LF 15024 83 Solid Traffic Stripe (24" White) LF 3858 84 Skip Traffic Stripe, (White) (10'- 30') GM 1.33 85 Painted Pavement Markings, Standard,White, Dotted / Guideline LF 19880 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Gibbs & Register Weekley Asphalt Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 86 Pavement Message Painted EA 46 $50.00 $25.00 $900.00 $1.00 $14,000.00 $2.00 $2.00 $3.00 $5.00 $19.00 $23,000.00 $400.00 $1,525.00 $775.00 $6,500.00 $9,600.00 $1,150.00 $370.00 $480.00 $605.00 $915.00 $80.00 $180.00 $5.00 $1,250.00 $100.00 $26.00 $62,000.00 $23.00 $27.00 $6.00 $18.00 $2,500.00 $8.00 $485.00 $545.00 $1,700.00 $2,400.00 $2.00 $690.00 $1,050.00 $23,000.00 $62,000.00 $755.00 $1,255.00 $615.00 $700.00 $6,400.00 $175.00 $425.00 $245.00 $755.00 $33,000.00 $525.00 $700.00 $175.00 $3,700.00 $80.00 $48.00 $800.00 $800.00 $380.00 $130.00 $48.00 $570.00 $255.00 $3,025.00 $450.00 $145,000.00 $445,000.00 $1,400,000.00 $550.00 $750.00 $480.00 $200.00 $200.00 $150.00 $130.00 $80.00 $110.00 $0.00 $10.00 $30.00 $30.00 $1,000.00 $2,300.00 $3,800.00 $7,223.40 $950.00 $168,000.00 $68,000.00 $32,000.00 $24,000.00 $82,800.00 $32,300.00 $46,000.00 $78,800.00 $183,000.00 $28,675.00 $520,000.00 $384,000.00 $42,550.00 $16,280.00 $5,760.00 $15,730.00 $38,430.00 $1,600.00 $1,440.00 $805.00 $1,250.00 $1,200.00 $78.00 $62,000.00 $10,695.00 $7,830.00 $23,688.00 $7,866.00 $37,500.00 $800.00 $20,855.00 $4,905.00 $8,500.00 $7,200.00 $5,250.00 $2,070.00 $18,900.00 $138,000.00 $186,000.00 $14,345.00 $3,765.00 $43,050.00 $44,800.00 $57,600.00 $4,025.00 $28,900.00 $980.00 $1,510.00 $99,000.00 $525.00 $2,100.00 $525.00 $11,100.00 $1,280.00 $2,736.00 $4,800.00 $3,200.00 $1,140.00 $1,170.00 $2,880.00 $4,560.00 $3,825.00 $27,225.00 $8,550.00 $145,000.00 $445,000.00 $1,400,000.00 $11,550.00 $17,250.00 $11,040.00 $3,000.00 $9,200.00 $61,500.00 $453,440.00 $16,000.00 $2,750.00 $0.00 $13,550.00 $7,830.00 $37,560.00 $68,000.00 $38.00 $22.00 $922.00 $0.26 $13,053.00 $0.84 $0.95 $1.85 $4.35 $17.50 $15,650.00 $481.00 $1,456.00 $616.00 $6,041.00 $8,909.00 $665.00 $235.00 $900.00 $1,200.00 $1,400.00 $200.00 $200.00 $25.00 $3,000.00 $200.00 $100.00 $57,000.00 $13.00 $31.00 $4.35 $9.80 $2,420.00 $18.50 $452.00 $857.00 $1,666.00 $1,389.00 $1.30 $258.00 $968.00 $25,305.00 $48,260.00 $915.00 $1,364.00 $691.00 $643.00 $8,056.00 $129.00 $1,097.00 $129.00 $1,097.00 $28,830.00 $1,059.00 $1,061.00 $239.00 $50.00 $25.00 $25.00 $1,594.00 $3,671.00 $289.00 $25.00 $25.00 $327.00 $1,268.00 $1,789.00 $346.00 $146,137.00 $372,259.00 $1,369,000.00 $550.00 $890.00 $525.00 $50.00 $75.00 $85.00 $63.00 $8.00 $9.00 $300.00 $10.00 $12.00 $23.00 $1,300.00 $1,748.00 $3,344.00 $7,399.97 $247.00 $156,636.00 $28,560.00 $15,200.00 $14,800.00 $72,036.00 $29,750.00 $31,300.00 $94,757.00 $174,720.00 $22,792.00 $483,280.00 $356,360.00 $24,605.00 $10,340.00 $10,800.00 $31,200.00 $58,800.00 $4,000.00 $1,600.00 $4,025.00 $3,000.00 $2,400.00 $300.00 $57,000.00 $6,045.00 $8,990.00 $17,173.80 $4,282.60 $36,300.00 $1,850.00 $19,436.00 $7,713.00 $8,330.00 $4,167.00 $3,412.50 $774.00 $17,424.00 $151,830.00 $144,780.00 $17,385.00 $4,092.00 $48,370.00 $41,152.00 $72,504.00 $2,967.00 $74,596.00 $516.00 $2,194.00 $86,490.00 $1,059.00 $3,183.00 $717.00 $150.00 $400.00 $1,425.00 $9,564.00 $14,684.00 $867.00 $225.00 $1,500.00 $2,616.00 $19,020.00 $16,101.00 $6,574.00 $146,137.00 $372,259.00 $1,369,000.00 $11,550.00 $20,470.00 $12,075.00 $750.00 $3,450.00 $34,850.00 $219,744.00 $1,600.00 $225.00 $9,000.00 $13,550.00 $3,132.00 $28,796.00 $88,400.00 87 Directional Arrows, Painted EA 152 88 Solid Traffic Stripe (6" Yellow) NM 8.026 89 Solid Traffic Stripe (8" Yellow) LF 950 90 Architectural, Building, New, Other Building EA 12 91 Conductor Insulated ( F & 1) Insulated, No. 8 LF 34000 92 Conductor Insulated ( F & 1) Insulated, No. 6 LF 16000 93 Conductor Insulated ( F & 1) Insulated, No. 4 LF 8000 94 Conduit (F & 1) ( Underground) (Sch. 40) 2" LF 16560 95 Conduit 2" Directional Boring (Under Pavement) LF 1700 96 Load Center, F&I, Primary Voltage EA 2 97 Lighting - Pull Box, F & I (Sidewalk) EA 197 98 Pole Cable Distribution System (Lighting) EA 120 99 Pole Cable Distribution System (Receptacles) EA 37 100 Lighting Pole Complete (F & 1) (Single Arm) (17') (With Gfi Recer EA 80 101 Lighting Pole Complete (F & 1) (Double Arm) (17') (With Gfi Rec EA 40 102 Pedestal With Gfi Receptacles EA 37 103 Single Post Sign (Furnish & Install) (Less Than 12 Sf) AS 44 104 Single Post Sign (Furnish & Install) (12-20 Sf) AS 12 105 Single Post Sign (Furnish & Install) (21-30 Sf) AS 26 106 Single Post Sign, (F &1),(31+Sf) AS 42 107 Single Post Sign, Install, Furnished By Local Agency Less Than AS 20 108 Single Post Sign (Relocate) AS 8 109 Single Post Sign (Remove) AS 161 110 Multi -Post Sign, (Relocate) AS 1 111 Sign Panel (Replace) (15 Or Less Sf) EA 12 112 Delineator, Flexible Tubular EA 3 113 Painted Pavement Markings (Final Surface) LS 1 114 Directional Bore, Less Than 6" LF 465 115 Directional Bore, 6" To Less Than 12" LF 290 116 Conduit - Signals, F&I, Underground LF 3948 117 Conduit - Signals, F&I, Under Pavement LF 437 118 Cable, Signal, Furnish & Install PI 15 119 Cable, Interconnect, 1-25 Pairs, F&I, Underground LF 100 120 Pull & Junction Boxes, F&I, Pull Box EA 43 121 Pbc-Traffic Its Small Pull Box (17"X30"X24" D) EA 9 122 Pbc-Traffic Its Large Pull Box (30"X48"X24" D) EA 5 123 Signals, Electrical Power Serv., Underground AS 3 124 Electrical Service Wire LF 2625 125 Signals, Elect. Serv. Disconnect, F&I, Pole Mount EA 3 126 Aluminum Signals Pole, F&I, Pedestal EA 18 127 Steel Mast Arm, F&I, Wind Spd. 150, W/O Lumin.-46 EA 6 128 Mast Arm,F&I, Custom Wind Speed, Custom Length EA 3 129 Traffic Signal, F&I, 3 Section, 1 Way, Standard AS 19 130 Traffic Signal, F&I, 5 Section, 1 Way, Standard AS 3 131 Ped Signals (Led Countdown) (1 Sect -1 Way) (F&I) AS 70 132 Loop Assembly, Type F (6'X26') AS 64 133 Vehicle Detector Assemblies (F&I) (Video) EA 9 134 Ped Detector (F&I) Pole Or Cabinet Mount EA 23 135 Ped Detector (F&I) Detector Station W/ Post EA 68 136 Ped Detector, (F&I), Detector With Sign Only EA 4 137 Ped Detector (Relocate) Det Sta W/Post & Sign EA 2 138 Traffic Controller Assembly (F&I) (Nema) AS 3 139 Traffic Controller Assembly (Modify) (Nema) AS 1 140 System Aux, (F&I) (Uninterruptible Power Source) EA 3 141 System Aux, (F&I) (Video Monitors) EA 3 142 System Aux, (F&I) (Video System Support Equip) EA 3 143 Traffic Signal Head Assembly, Removal EA 16 144 Signal Pedestrian Assembly, Remove EA 57 145 Pole Removal- Shallow (Direct Burial) EA 6 146 Complete Pole Removal- Deep (Direct Burial) EA 4 147 Controller Ass.- Remove EA 3 148 Detector Vehicle Assembly, Remove EA 9 149 Detector Pedestrian Assembly, Remove EA 60 150 Span Wire Assembly Remove EA 8 151 Remove Conduit & Cabling PI 15 152 Internally Illuminated Sign (Street Name) (F&I) EA 9 153 Sign Panel (F&I) < 15 Sf EA 19 154 Landscaping Complete (Small Plants) LS 1 155 Landscaping Complete (Large Plants) LS 1 156 Irrigation System LS 1 157 Trash Receptacle EA 21 158 Benches EA 23 159 Bicycle Parking Rack (Bike Bollards) EA 23 160 Litter Removal AC 15 161 Valve Boxes, Adjust EA 46 162 Utility Pipe, F&I, PVC, Water/Sewer, Y-7.9" LF 410 163 Utility Pipe, F&I, PVC, Water/Sewer, 8"-19.9" LF 3488 164 Utility Pipe, F&I, PE, Water/Sewer, 0"-1.9" LF 200 165 Utility Pipe, F&I, PE, Water/Sewer, 2"-4.9" LF 25 166 Utilty Pipe, Adjust Modify, 2"-4.9" LF 30 167 Utility Pipe, Remove & Dispose, 2"-4.9" LF 1355 168 Utility Pipe, Remove & Dispose, Y-7.9" LF 261 169 Utility Pipe, Remove & Dispose, 8"-19.9" LF 1252 170 Utility Fitting, F&I, DI/C1, Elbow, 8"-19.9" EA 68 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Number that was corrected due to error in bid Gibbs & Register Weekley Asphalt Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 171 Utility Fittin , F&I, DI/CI, Tee, 8"-19.9" EA 8 $1,000.00 $750.00 $500.00 $7,500.00 $1,500.00 $2,000.00 $2,000.00 $4,000.00 $1,200.00 $5,500.00 $6,000.00 $2,000.00 $5,000.00 $10,500.00 $1,000.00 $1,800.00 $1,800.00 $10.00 $500,000.00 $8,000.00 $750.00 $3,000.00 $7,500.00 $16,500.00 $2,000.00 $10,000.00 $4,000.00 $2,400.00 $11,000.00 $48,000.00 $20,000.00 $5,000.00 $126,000.00 $1,000.00 $19,800.00 $5,400.00 $10.00 $500,000.00 $1,750.00 $1,100.00 $500.00 $4,000.00 $1,200.00 $1,600.00 $1,500.00 $5,000.00 $1,200.00 $7,500.00 $7,500.00 $3,300.00 $1,400.00 $15,000.00 $500.00 $2,000.00 $2,100.00 $10.00 $500,000.00 $14,000.00 $1,100.00 $3,000.00 $4,000.00 $13,200.00 $1,600.00 $7,500.00 $5,000.00 $2,400.00 $15,000.00 $60,000.00 $33,000.00 $1,400.00 $180,000.00 $500.00 $22,000.00 $6,300.00 $10.00 $500,000.00 172 Utility Fitting, F&I, DI/CI, Reducer, 8"-19.9" EA 1 173 Utility Fitting, F&I, DI/CI, Cap/Plug, 8"-19.9" EA 6 174 Utility Structure, Below Ground, F&I, Water/Sewer, 0-80ft3, 0-6' EA 1 175 Utilty Fixture, F&I, 0-1.9", Tapping Saddle/Sleeve EA 11 176 Utilty Fixture, F&I, 2-4.9", Tapping Saddle/Sleeve EA 1 177 Utilty Fixture, F&I, 2-4.9", Blowoff Assembly EA 5 178 Utility Fixture, F&I, Y-7.9", Tapping Saddle/Sleeve EA 1 179 Utility Fixture, F&I, Y-7.9", Valve Assembly EA 2 180 Utility Fixture, F&I, Y-7.9", Line Stop Assembly EA 2 181 Utility Fixture, F&I, 8"-19.9", Tapping Saddle/Sleeve EA 8 182 Utility Fixture, F&I, 8"-19.9", Valve Assembly EA 10 183 Utility Fixture, F&I, 8"-19.9", Vac/Air Assembly EA 1 184 Utility Fixture, F&I, 8"-19.9", Line Stop Assembly EA 12 185 Remove and dispose, Utilty Fixture EA 1 186 Utility Fixtures, Special, 8"-19.9", Sleeve EA 11 187 Fire Hydrant, Relocate EA 3 188 Indemnification LS 1 189 Undefined General Allowance LS 1 Total $15,505,999.90 $15,851,865.36 Number that was corrected due to error in bid Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation West Construction JIW Cheatham Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 1 Mobilization LS 1 $200,000.00 $695,000.00 $66.00 $72.00 $0.48 $90.00 $156.00 $36.00 $36.00 $0.12 $0.48 $7.20 $0.42 $3.55 $0.12 $1,200.00 $15.60 $11.90 $9.50 $2,400.00 $108.00 $115,416.00 $13.20 $129,000.00 $4.80 $27.60 $6.00 $16.80 $18.00 $21.00 $1.80 $3.40 $2.30 $117.00 $172.20 $4,320.00 $3,960.00 $4,200.00 $3,600.00 $7,200.00 $2,280.00 $6,120.00 $6,000.00 $6,960.00 $7,500.00 $4,680.00 $2,200.00 $6,300.00 $10,800.00 $2,100.00 $2,900.00 $3,600.00 $570.00 $2.70 $3.90 $4.85 $10.80 $138.00 $94.00 $116.00 $140.00 $252.00 $456.00 $336.00 $150.00 $204.00 $216.00 $228.00 $13.20 $16.80 $32.40 $39.60 $48.00 $80.50 $40.00 $38.40 $330.00 $3.60 $708.00 $1,110.00 $0.29 $0.54 $1.15 $378.00 $0.21 $200,000.00 $695,000.00 $37,950.00 $71,568.00 $17,858.88 $4,500.00 $7,800.00 $1,800.00 $1,800.00 $2,447.88 $139.68 $6,033.60 $1,467.48 $12,716.10 $52.80 $3,600.00 $8,190.00 $67,473.00 $53,865.00 $4,800.00 $27,324.00 $825,224.40 $194,752.80 $129,000.00 $672.00 $15,180.00 $19,770.00 $10,113.60 $242,352.00 $2,121.00 $111.60 $10,155.80 $259,925.30 $949,946.40 $1,104,972.96 $38,880.00 $281,160.00 $4,200.00 $226,800.00 $7,200.00 $9,120.00 $85,680.00 $12,000.00 $201,840.00 $15,000.00 $280,800.00 $28,600.00 $37,800.00 $10,800.00 $2,100.00 $23,200.00 $3,600.00 $14,250.00 $28,876.50 $25,272.00 $6,329.25 $2,592.00 $16,146.00 $698,514.00 $55,796.00 $50,540.00 $5,040.00 $1,824.00 $1,344.00 $7,500.00 $15,300.00 $383,400.00 $117,420.00 $332,824.80 $72,525.60 $153,057.60 $3,564.00 $4,464.00 $28,980.00 $113,280.00 $408,268.80 $11,550.00 $4,492.80 $2,124.00 $15,123.75 $6,894.46 $8,112.96 $4,436.70 $502.74 $4,174.80 $1,432,000.00 $1,483,000.00 $20.00 $50.00 $0.50 $50.00 $100.00 $20.00 $20.00 $0.50 $1.00 $10.00 $1.00 $3.00 $0.50 $2,000.00 $20.00 $11.00 $6.00 $3,000.00 $250.00 $98,500.00 $8.00 $1,600,000.00 $10.00 $5.00 $4.00 $27.00 $14.00 $40.00 $5.00 $3.00 $2.60 $104.00 $140.00 $5,500.00 $5,300.00 $5,500.00 $4,400.00 $4,600.00 $2,000.00 $6,500.00 $7,000.00 $7,000.00 $7,200.00 $5,000.00 $2,300.00 $6,400.00 $9,300.00 $2,300.00 $3,500.00 $3,700.00 $330.00 $4.00 $5.00 $7.00 $15.00 $100.00 $110.00 $120.00 $130.00 $170.00 $300.00 $300.00 $400.00 $800.00 $193.00 $220.00 $22.00 $13.00 $40.00 $50.00 $100.00 $70.00 $34.00 $39.00 $300.00 $5.00 $650.00 $1,000.00 $0.20 $0.60 $1.25 $300.00 $0.20 $1,432,000.00 $1,483,000.00 $11,500.00 $49,700.00 $18,603.00 $2,500.00 $5,000.00 $1,000.00 $1,000.00 $10,199.50 $291.00 $8,380.00 $3,494.00 $10,746.00 $220.00 $6,000.00 $10,500.00 $62,370.00 $34,020.00 $6,000.00 $63,250.00 $704,275.00 $118,032.00 $1,600,000.00 $1,400.00 $2,750.00 $13,180.00 $16,254.00 $188,496.00 $4,040.00 $310.00 $8,961.00 $293,828.60 $844,396.80 $898,352.00 $49,500.00 $376,300.00 $5,500.00 $277,200.00 $4,600.00 $8,000.00 $91,000.00 $14,000.00 $203,000.00 $14,400.00 $300,000.00 $29,900.00 $38,400.00 $9,300.00 $2,300.00 $28,000.00 $3,700.00 $8,250.00 $42,780.00 $32,400.00 $9,135.00 $3,600.00 $11,700.00 $817,410.00 $57,720.00 $46,930.00 $3,400.00 $1,200.00 $1,200.00 $20,000.00 $60,000.00 $342,575.00 $113,300.00 $554,708.00 $56,121.00 $188,960.00 $4,500.00 $9,300.00 $25,200.00 $96,288.00 $414,648.00 $10,500.00 $6,240.00 $1,950.00 $13,625.00 $4,754.80 $9,014.40 $4,822.50 $399.00 $3,976.00 2 Maintenance Of Traffic LS 1 3 Commercial Material For Driveway Maintenance CY 575 4 Traffic Control Officer MH 994 5 Work Zone Signs ED 37206 6 Barrier Wall, Temporary, F&I, Concrete LF 50 7 Barrier Wall, Temporary, F&I, Low Profile, Concrete LF 50 8 Barrier Wall, Temporary, Relocate, Concrete LF 50 9 Barrier Wall, Temporary, Relocate, Low Profile, Concrete LF 50 10 Barricades, I Or Ii, 50' Spacing ED 20399 11 Barricade (Type Iii) 6' ED 291 12 Advance Warning Panel ED 838 13 High Intensity Flashing Lights (Temp) ED 3494 14 Reflective Pavement Marker, Temp EA 3582 15 Lights,Barrier Wall Mount,Temp,Type C,Steady Burn ED 440 16 Temporary Crash Cushion, Redirective Option LO 3 17 Portable Changeable Message Sign (Temp) ED 525 18 Temporary Signalization And Maintenance Of Intersection ED 5670 19 Temporary Traffic Detection And Maintenance Of Intersection ED 5670 20 Soil Tracking Prevention Device EA 2 21 Inlet Protection System EA 253 22 Clearing & Grubbing AC 7.15 23 Removal Of Exist Conc Pavt SY 14754 24 Regular Excavation (3-R Projects Only) LS 1 25 Stabilization (Type B) SY 140 26 Prepared Soil Layer, Finish Soil Layer, 12" SY 550 27 Reworking Limerock Base, 4" SY 3295 28 Optional Base, Base Group 01 SY 602 29 Optional Base, Base Group 06 SY 13464 30 Optional Base, Base Group 09 SY 101 31 Milling Exist Asph Pavt, 1" Depth SY 62 32 Milling Exist Asph Pavt, 3" Avg Depth SY 2987 33 Milling Exist Asph Pavt, 2" Avg Depth SY 1E+05 34 Superpave Asphaltic Conc, Traffic C TN 8119 35 Asph Conc Fc,Traffic C,Fc-9.5,Rubber TN 6417 36 Inlets, Curb, Type P-3, <10' EA 9 37 Inlets, Curb, Type P-5, <10' EA 71 38 Inlets, Curb, Type P-6, <10' EA 1 39 Inlets, Curb, Type 9, <10' EA 63 40 Inlets, Curb, Type 9, >10' EA 1 41 Inlets, Curb, Type 9, Partial EA 4 42 Inlets, Curb, Type 9, J Bot, <10' EA 14 43 Inlets, Curb, Type J-3, <10' EA 2 44 Inlets, Curb, Type J-5, <10' EA 29 45 Inlets, Curb, Type J-6, <10' EA 2 46 Manholes, P-7, <10' EA 60 47 Manholes, P-7, Partial EA 13 48 Manholes, J-7, <10' EA 6 49 Manholes, J-7, >10' EA 1 50 Junction Box, Drainage, P-7, Partial EA 1 51 Inlets, Dt Bot, Type D, <10' EA 8 52 Inlets, Gutter, Type S, <10' EA 1 53 Manhole, Adjust EA 25 54 Desilting Pipe, 0-24" LF 10695 55 Desilting Pipe, 25-36" LF 6480 56 Desilting Pipe, 37-48" LF 1305 57 Desilting Pipe, 49-60" LF 240 58 Pipe Culvert, Optional Material, Round, 15" S/Cd LF 117 59 Pipe Culvert, Optional Material, Round, 18" S/Cd LF 7431 60 Pipe Culvert, Optional Material, Round, 24" S/Cd LF 481 61 Pipe Culvert, Optional Material, Round, 30" S/Cd LF 361 62 Pipe Culvert, Optional Material, Round, 36" S/Cd LF 20 63 Pipe Culvert, Optional Material, Round, 48" S/Cd LF 4 64 Pipe Culvert, Optional Material, Other Shape - Ellip/Arch, 24" S/C LF 4 65 Pipe Liner, Optional Material, 0-24" LF 50 66 Pipe Liner, Optional Material, 25-36" LF 75 67 Trench Drain, Standard LF 1775 68 Trench Drain, Special LF 515 69 Concrete Curb & Gutter, Type F LF 25214 70 Concrete Curb, Type D LF 4317 71 Sidewalk Concrete, 4" Thick SY 4724 72 Sidewalk Concrete, 6" Thick SY 90 73 Bus Shelter Pad- Concrete SY 93 74 Patterned Pavement, Vehicular Areas SY 360 75 Pavers, Architectural, Roadway SY 2832 76 Pavers, Architectural, Sidewalk SY 10632 77 Detectable Warning On Existing Walking Surface, Retrofit (Sb & EA 35 78 Performance Turf SY 1248 79 Pull & Junction Boxes, Relocate EA 3 80 Solid Traffic Stripe (6" White) NM 13.63 81 Solid Traffic Stripe (8" White) LF 23774 82 Solid Stripe (12" White) LF 15024 83 Solid Traffic Stripe (24" White) LF 3858 84 Skip Traffic Stripe, (White) (10'- 30') GM 1.33 85 Painted Pavement Markings, Standard,White, Dotted / Guideline LF 19880 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation West Construction JW Cheatham Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 86 Pavement Message Painted EA 46 $40.00 $22.20 $1,110.00 $0.29 $14,400.00 $1.45 $1.56 $1.68 $16.80 $24.00 $18,960.00 $516.00 $1,980.00 $1,020.00 $11,850.00 $15,300.00 $1,548.00 $294.00 $1,020.00 $1,380.00 $1,740.00 $1,860.00 $224.40 $12.00 $2,700.00 $540.00 $72.00 $65,100.00 $31.20 $36.00 $19.20 $22.80 $5,040.00 $22.20 $516.00 $1,380.00 $2,682.00 $10,764.00 $5.40 $648.00 $1,320.00 $35,646.00 $67,260.00 $1,284.00 $1,776.00 $768.00 $1,380.00 $7,920.00 $168.00 $1,176.00 $168.00 $227.00 $22,680.00 $2,364.00 $11,844.00 $508.00 $462.00 $108.00 $792.00 $1,716.00 $2,340.00 $828.00 $156.00 $48.00 $948.00 $792.00 $2,496.00 $456.00 $593,497.00 $498,776.00 $1,738,778.00 $1,782.00 $1,381.00 $408.00 $2,400.00 $180.00 $143.00 $83.00 $47.00 $60.00 $0.00 $3.60 $16.80 $27.60 $1,020.00 $1,840.00 $3,374.40 $8,908.86 $275.50 $172,800.00 $49,300.00 $24,960.00 $13,440.00 $278,208.00 $40,800.00 $37,920.00 $101,652.00 $237,600.00 $37,740.00 $948,000.00 $612,000.00 $57,276.00 $12,936.00 $12,240.00 $35,880.00 $73,080.00 $37,200.00 $1,795.20 $1,932.00 $2,700.00 $6,480.00 $216.00 $65,100.00 $14,508.00 $10,440.00 $75,801.60 $9,963.60 $75,600.00 $2,220.00 $22,188.00 $12,420.00 $13,410.00 $32,292.00 $14,175.00 $1,944.00 $23,760.00 $213,876.00 $201,780.00 $24,396.00 $5,328.00 $53,760.00 $88,320.00 $71,280.00 $3,864.00 $79,968.00 $672.00 $454.00 $68,040.00 $2,364.00 $35,532.00 $1,524.00 $1,386.00 $1,728.00 $45,144.00 $10,296.00 $9,360.00 $2,484.00 $1,404.00 $2,880.00 $7,584.00 $11,880.00 $22,464.00 $8,664.00 $593,497.00 $498,776.00 $1,738,778.00 $37,422.00 $31,763.00 $9,384.00 $36,000.00 $8,280.00 $58,630.00 $289,504.00 $9,400.00 $1,500.00 $0.00 $4,878.00 $4,384.80 $34,555.20 $69,360.00 $40.00 $23.00 $1,000.00 $0.20 $20,000.00 $1.10 $1.30 $1.80 $5.20 $13.75 $18,600.00 $290.00 $1,550.00 $800.00 $6,300.00 $13,000.00 $650.00 $420.00 $550.00 $700.00 $1,000.00 $100.00 $200.00 $6.00 $1,400.00 $100.00 $30.00 $71,000.00 $21.00 $32.00 $6.00 $18.00 $3,500.00 $6.00 $560.00 $600.00 $1,200.00 $1,400.00 $1.50 $220.00 $760.00 $26,000.00 $67,000.00 $870.00 $1,200.00 $600.00 $580.00 $7,300.00 $110.00 $200.00 $110.00 $200.00 $31,000.00 $400.00 $6,800.00 $180.00 $260.00 $27.00 $27.00 $760.00 $1,400.00 $220.00 $11.00 $16.00 $330.00 $650.00 $2,100.00 $500.00 $452,000.00 $824,000.00 $1,180,000.00 $700.00 $1,100.00 $600.00 $1,000.00 $250.00 $66.00 $90.00 $22.00 $25.00 $0.00 $11.00 $13.00 $25.00 $1,400.00 $1,840.00 $3,496.00 $8,026.00 $190.00 $240,000.00 $37,400.00 $20,800.00 $14,400.00 $86,112.00 $23,375.00 $37,200.00 $57,130.00 $186,000.00 $29,600.00 $504,000.00 $520,000.00 $24,050.00 $18,480.00 $6,600.00 $18,200.00 $42,000.00 $2,000.00 $1,600.00 $966.00 $1,400.00 $1,200.00 $90.00 $71,000.00 $9,765.00 $9,280.00 $23,688.00 $7,866.00 $52,500.00 $600.00 $24,080.00 $5,400.00 $6,000.00 $4,200.00 $3,937.50 $660.00 $13,680.00 $156,000.00 $201,000.00 $16,530.00 $3,600.00 $42,000.00 $37,120.00 $65,700.00 $2,530.00 $13,600.00 $440.00 $400.00 $93,000.00 $400.00 $20,400.00 $540.00 $780.00 $432.00 $1,539.00 $4,560.00 $5,600.00 $660.00 $99.00 $960.00 $2,640.00 $9,750.00 $18,900.00 $9,500.00 $452,000.00 $824,000.00 $1,180,000.00 $14,700.00 $25,300.00 $13,800.00 $15,000.00 $11,500.00 $27,060.00 $313,920.00 $4,400.00 $625.00 $0.00 $14,905.00 $3,393.00 $31,300.00 $95,200.00 87 Directional Arrows, Painted EA 152 88 Solid Traffic Stripe (6" Yellow) NM 8.026 89 Solid Traffic Stripe (8" Yellow) LF 950 90 Architectural, Building, New, Other Building EA 12 91 Conductor Insulated ( F & 1) Insulated, No. 8 LF 34000 92 Conductor Insulated ( F & 1) Insulated, No. 6 LF 16000 93 Conductor Insulated ( F & 1) Insulated, No. 4 LF 8000 94 Conduit (F & 1) ( Underground) (Sch. 40) 2" LF 16560 95 Conduit 2" Directional Boring (Under Pavement) LF 1700 96 Load Center, F&I, Primary Voltage EA 2 97 Lighting - Pull Box, F & I (Sidewalk) EA 197 98 Pole Cable Distribution System (Lighting) EA 120 99 Pole Cable Distribution System (Receptacles) EA 37 100 Lighting Pole Complete (F & 1) (Single Arm) (17') (With Gfi Recer EA 80 101 Lighting Pole Complete (F & 1) (Double Arm) (17') (With Gfi Rec EA 40 102 Pedestal With Gfi Receptacles EA 37 103 Single Post Sign (Furnish & Install) (Less Than 12 Sf) AS 44 104 Single Post Sign (Furnish & Install) (12-20 Sf) AS 12 105 Single Post Sign (Furnish & Install) (21-30 Sf) AS 26 106 Single Post Sign, (F &1),(31+Sf) AS 42 107 Single Post Sign, Install, Furnished By Local Agency Less Than AS 20 108 Single Post Sign (Relocate) AS 8 109 Single Post Sign (Remove) AS 161 110 Multi -Post Sign, (Relocate) AS 1 111 Sign Panel (Replace) (15 Or Less Sf) EA 12 112 Delineator, Flexible Tubular EA 3 113 Painted Pavement Markings (Final Surface) LS 1 114 Directional Bore, Less Than 6" LF 465 115 Directional Bore, 6" To Less Than 12" LF 290 116 Conduit - Signals, F&I, Underground LF 3948 117 Conduit - Signals, F&I, Under Pavement LF 437 118 Cable, Signal, Furnish & Install PI 15 119 Cable, Interconnect, 1-25 Pairs, F&I, Underground LF 100 120 Pull & Junction Boxes, F&I, Pull Box EA 43 121 Pbc-Traffic Its Small Pull Box (17"X30"X24" D) EA 9 122 Pbc-Traffic Its Large Pull Box (30"X48"X24" D) EA 5 123 Signals, Electrical Power Serv., Underground AS 3 124 Electrical Service Wire LF 2625 125 Signals, Elect. Serv. Disconnect, F&I, Pole Mount EA 3 126 Aluminum Signals Pole, F&I, Pedestal EA 18 127 Steel Mast Arm, F&I, Wind Spd. 150, W/O Lumin.-46 EA 6 128 Mast Arm,F&I, Custom Wind Speed, Custom Length EA 3 129 Traffic Signal, F&I, 3 Section, 1 Way, Standard AS 19 130 Traffic Signal, F&I, 5 Section, 1 Way, Standard AS 3 131 Ped Signals (Led Countdown) (1 Sect -1 Way) (F&I) AS 70 132 Loop Assembly, Type F (6'X26') AS 64 133 Vehicle Detector Assemblies (F&I) (Video) EA 9 134 Ped Detector (F&I) Pole Or Cabinet Mount EA 23 135 Ped Detector (F&I) Detector Station W/ Post EA 68 136 Ped Detector, (F&I), Detector With Sign Only EA 4 137 Ped Detector (Relocate) Det Sta W/Post & Sign EA 2 138 Traffic Controller Assembly (F&I) (Nema) AS 3 139 Traffic Controller Assembly (Modify) (Nema) AS 1 140 System Aux, (F&I) (Uninterruptible Power Source) EA 3 141 System Aux, (F&I) (Video Monitors) EA 3 142 System Aux, (F&I) (Video System Support Equip) EA 3 143 Traffic Signal Head Assembly, Removal EA 16 144 Signal Pedestrian Assembly, Remove EA 57 145 Pole Removal- Shallow (Direct Burial) EA 6 146 Complete Pole Removal- Deep (Direct Burial) EA 4 147 Controller Ass.- Remove EA 3 148 Detector Vehicle Assembly, Remove EA 9 149 Detector Pedestrian Assembly, Remove EA 60 150 Span Wire Assembly Remove EA 8 151 Remove Conduit & Cabling PI 15 152 Internally Illuminated Sign (Street Name) (F&I) EA 9 153 Sign Panel (F&I) < 15 Sf EA 19 154 Landscaping Complete (Small Plants) LS 1 155 Landscaping Complete (Large Plants) LS 1 156 Irrigation System LS 1 157 Trash Receptacle EA 21 158 Benches EA 23 159 Bicycle Parking Rack (Bike Bollards) EA 23 160 Litter Removal AC 15 161 Valve Boxes, Adjust EA 46 162 Utility Pipe, F&I, PVC, Water/Sewer, Y-7.9" LF 410 163 Utility Pipe, F&I, PVC, Water/Sewer, 8"-19.9" LF 3488 164 Utility Pipe, F&I, PE, Water/Sewer, 0"-1.9" LF 200 165 Utility Pipe, F&I, PE, Water/Sewer, 2"-4.9" LF 25 166 Utilty Pipe, Adjust Modify, 2"-4.9" LF 30 167 Utility Pipe, Remove & Dispose, 2"-4.9" LF 1355 168 Utility Pipe, Remove & Dispose, Y-7.9" LF 261 169 Utility Pipe, Remove & Dispose, 8"-19.9" LF 1252 170 Utility Fitting, F&I, DI/C1, Elbow, 8"-19.9" EA 68 Federal Highway Beautification Project #2009-009 Bid # 2012-21 Bid Tabulation Number that was corrected due to error in bid West Construction JW Cheatham Item No. DESCRIPTION EST UNIT QUAN. UNIT PRICE EXTENDED COST UNIT PRICE EXTENDED COST 171 Utility Fittin , F&I, DI/CI, Tee, 8"-19.9" EA 8 $1,200.00 $900.00 $510.00 $6,600.00 $1,200.00 $1,560.00 $1,620.00 $4,800.00 $1,380.00 $6,600.00 $7,920.00 $2,520.00 $1,800.00 $15,240.00 $210.00 $2,100.00 $2,400.00 $10.00 $500,000.00 $9,600.00 $900.00 $3,060.00 $6,600.00 $13,200.00 $1,560.00 $8,100.00 $4,800.00 $2,760.00 $13,200.00 $63,360.00 $25,200.00 $1,800.00 $182,880.00 $210.00 $23,100.00 $7,200.00 $10.00 $500,000.00 $2,000.00 $1,200.00 $550.00 $4,400.00 $1,300.00 $1,800.00 $1,700.00 $5,500.00 $1,300.00 $8,300.00 $8,300.00 $3,600.00 $1,600.00 $17,000.00 $550.00 $2,200.00 $2,300.00 $10.00 $500,000.00 $16,000.00 $1,200.00 $3,300.00 $4,400.00 $14,300.00 $1,800.00 $8,500.00 $5,500.00 $2,600.00 $16,600.00 $66,400.00 $36,000.00 $1,600.00 $204,000.00 $550.00 $24,200.00 $6,900.00 $10.00 $500,000.00 172 Utility Fitting, F&I, DI/CI, Reducer, 8"-19.9" EA 1 173 Utility Fitting, F&I, DI/CI, Cap/Plug, 8"-19.9" EA 6 174 Utility Structure, Below Ground, F&I, Water/Sewer, 0-80ft3, 0-6' EA 1 175 Utilty Fixture, F&I, 0-1.9", Tapping Saddle/Sleeve EA 11 176 Utilty Fixture, F&I, 2-4.9", Tapping Saddle/Sleeve EA 1 177 Utilty Fixture, F&I, 2-4.9", Blowoff Assembly EA 5 178 Utility Fixture, F&I, Y-7.9", Tapping Saddle/Sleeve EA 1 179 Utility Fixture, F&I, Y-7.9", Valve Assembly EA 2 180 Utility Fixture, F&I, Y-7.9", Line Stop Assembly EA 2 181 Utility Fixture, F&I, 8"-19.9", Tapping Saddle/Sleeve EA 8 182 Utility Fixture, F&I, 8"-19.9", Valve Assembly EA 10 183 Utility Fixture, F&I, 8"-19.9", Vac/Air Assembly EA 1 184 Utility Fixture, F&I, 8"-19.9", Line Stop Assembly EA 12 185 Remove and dispose, Utilty Fixture EA 1 186 Utility Fixtures, Special, 8"-19.9", Sleeve EA 11 187 Fire Hydrant, Relocate EA 3 188 Indemnification LS 1 189 Undefined General Allowance LS 1 Total $17,318,445.20 $19,114,210.10 Number that was corrected due to error in bid Project #2009-009 US 1 Beautification Funding Project Costs Construction CEI Post Design Testing Total Costs Funding 448 442 Fed FDOT Developer Contribution ILA w/ CRA Sub -total Unfunded Balance 50/50 split CRA Contribution City Contribution Printed: 12/6/201210:06 AM $12,486,967.77 $1,256,607.00 $98,271.36 $150,000.00 $13,991,846.13 $700,000.00 $500,000.00 $2,189,840.00 $5,051,604.00 $178,734.00 $1,856,708.00 $10,476,886.00 $3,514,960.13 ($13,991,846.13 - $10,476,886.00) $1,757,480.07 ($3,514,960.13/2) $3,614,188.07 ($1,856,708.00+$1,757,480.07) $1,757,480.07 C:\Program Files\neevia.com\docConverterPro\temp\NVDC\409392F5-ODA7-4386-8F56- A76CA7B11264\PDFConvert.16373.1.2012-12-04_funding_breakdown.xlsx FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND THE DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE US I CORRIDOR IMPROVEMENT PROJECT THIS FIRST AMENDMENT to the Interlocal Agreement dated November 8, 2011, between the DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY, hereinafter referred to as "CRA", and the CITY OF DELRAY BEACH hereinafter referred to as the "CITY", is hereby entered into this day of , 2012. WITNESSETH: WHEREAS, the CRA and CITY entered into an Agreement dated November 8, 2011 ("Original Agreement") to provide for the CRA to provide funding to the CITY for the improvements to be made to US Highway 1 within the CRA's Community Redevelopment Area (the "Project"); and WHEREAS, at its meeting of August 11, 2011, the CRA Board of Commissioners agreed to repay the financing that the CITY obtains for the Project costs up to an amount not to exceed One Million Eight Hundred Fifty Six Thousand, Seven Hundred Eight and 00/100 Dollars ($1,856,708.00), plus interest, subject to the terms and conditions of the Interlocal Agreement; WHEREAS, the lowest responsive bid obtained for the Project, along with the required Construction Engineering and Inspection (CEI) services, Post Design services and required testing increases the total Project cost by Three Million Five Hundred Fourteen Thousand, Nine Hundred Sixty Dollars and Thirteen Cents ($3,514,960.13), and the CITY and CRA have agreed to split the funding of this increased amount with the CRA paying 50% of the increased amount not to exceed One Million, Seven Hundred Fifty-seven Thousand, Four Hundred Eighty Dollars and Seven Cents ($1,757,480.07) resulting in the CRA's total maximum repayment of financing equal to Three Million, Six Hundred Fourteen Thousand One Hundred Eighty-eight Dollars and Seven Cents ($3,614,188.07), and WHEREAS, the parties desire to amend the Original Agreement in order to provide for the CRA to provide the additional funding in order to assist the CITY with the Project ("First Amendment") NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: herein. Recitals. The recitals set forth above are hereby incorporated as if fully set forth 2. That Section 2 of the Original Agreement is amended in its entirety, to read as follows: 2. The CRA shall repay funds borrowed by the CITY for the U.S. Highway 1 Corridor Improvement Project (the "Project"), as follows: a. One Million, Eight Hundred Fifty Six Thousand, Seven Hundred Eight and 00/100 Dollars ($1,856,708.00), plus b. Based on actual project costs the CRA shall pay 50% of the increased costs, up to a maximum, not to exceed amount of One Million, Seven Hundred Fifty-seven Thousand Four Hundred Eighty Dollars and Seven Cents ($1,757,480.07) plus c. Interest, subject to the terms and conditions contained herein. 3. That Section 3 of the Original Agreement is amended in its entirety, to read as follows: 3. Prior to obtaining the funds and agreeing to the repayment terms, the CITY shall first obtain the consent of the CRA, which such consent shall be granted if the terms and conditions of the repayment agreement provide for repayment as follows: An interest -only payment shall be made by the CRA in FY 12//13; principal and interest payments shall commence in FY 13/14 and shall be made over a period of approximately 10 years, with an interest rate comparable to the rate that the City pays for funds borrowed for this project. The CRA may provide this consent by written notification from the CRA Executive Director. The CRA shall provide 2 such consent no later than twenty (20) days following receipt of the written request by the CITY for such consent. 4. All other terms and conditions of the Original Agreement, not in conflict with this First Amendment, shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on the day and year written above. ATTEST: City Clerk Approved as to Form: City Attorney ATTEST: Diane Colonna, Executive Director STATE OF FLORIDA COUNTY OF PALM BEACH CITY OF DELRAY BEACH, FLORIDA Nelson S. McDuffie, Mayor DELRAY BEACH COMMUNITY REDEVELOPMENT AGENCY Howard Lewis, Chair (SEAL) The foregoing instrument was acknowledged before me this day of , 2012, by , as (name of officer or agent, title of officer or agent), of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification. Notary Public — State of Florida 3 DNT:dnt H:\ GOV CLIENTS\DBCRA 655\060018 DBCRA\AGMT 2012\First Amendment to ILA with City (Federal Highway)REVI.docx 1N17� ■uu �i■ a '. ■ ■t �■ :1u■��= _ ■111 ■1■ 11 � I •� 1111, ■un■ u■ uuu a .m■ ■■■■�. m _ : ■■ .116 ■ _ •7 MENNEN MIS _ ■uuu ■ .1� �� Nlul_ n dl i_ in uu = ■rt+ ' 111mail — ■wll� 1rIIIIIIrIIP =MIAMI NI 111111 III vin rM ;I T _-=__: �■111=:-=*■1117 =--n � =■ � ■ ■ � 1'111 7 =111 .' :.:' IY1 �S 1S ��.H �_ J III' n. —� I i1 0 -- - -e==== - __ E _ _�'� u ini X51 ■ �v,i ■u s. IHIIIIII E' • =i aI•!H =r'-=_71111111-= 5 - =11111111° ir. � 11111_ ��=��n1u11rllum T WE __ __-..i ___ :__ ■u ■u Illpuu muuu I In u :, 1 w -s 1 1111 ■E11. - - S IIIPuu■ uuuun uin� Florida Department of Transportation RICK SCOTT GOVERNOR Randal L. Krejcarek, P.E. City Engineer City of Delray Beach 434 South Swinton Ave. Delray Beach, Fl 33444 3400 West Commercial Boulevard Fort Lauderdale, FL 33309-3421 November 30, 2012 ANANTH PRASAD, P.E. SECRETARY RE.: Bid Concurrence for FM# 420412-1-58-01/ SR-5/US-1From S. of Harborside Dr. to Bond Way in Delray Beach and FM# 420412-2-58-01/ SR -806/ Atlantic Ave. from Southbound of US -1 to Northbound US -1. Mr.Krej carek, The Department is in receipt of the City of Delray Beach's recommendation to award the above referenced project. The bid tabulation documents award to the lowest responsive, responsible bidder. The City was responsible for the pre -qualification criteria used for the prospective bidders, with the understanding that the evaluation was based on the contractor's ability to perform the work, experience, personnel, equipment, financial resources, and performance record. Based on the information provided, FDOT concurs with the City's selection of Sealand Contractors Corp. with a total base bid amount of $12,486,967.77. The low bidder is not suspended or debarred as confirmed with the System for Award Management. (https://www.sam.goy/portal/public/SAMn. The following pay items are considered non -eligible for payment with Federal Funds: Item No. Item Description Unit Quantity Unit Price Extended Cost 90 Architectural, Building, New, Other Building EA 12 $13,000.00 $156,000.00 160 Litter Removal AC 15 $150.00 $2,250.00 161 Valve Boxes, Adjust EA 46 $145.00 $6,670.00 162 Utility Pipe, F&I, PVC, Water/Sewer, 5"- LF 410 $130.00 $53,300.00 7.9" 163 Utility Pipe, F&I, PVC, Water/Sewer, 8"- LF 3488 $100.00 $348,800.00 19.9" 164 Utility Pipe, F&I, PE, Water/Sewer, 0"-1.9" LF 200 $45.00 $9,000.00 165 Utility Pipe, F&I, PE, Water/Sewer, 2"-4.9" LF 25 $55.00 $1,375.00 166 Utility Pipe, Adjust Modify, 2"-4.9" LF 30 $0.00 $0.00 167 Utility Pipe, Remove & Dispose, 2"-4.9" LF 1355 $10.00 $13,550.00 168 Utility Pipe, Remove & Dispose, 5"-7.9" LF 261 $14.00 $3,654.00 169 Utility Pipe, Remove & Dispose, 8"-19.9" LF 1252 $6.50 $8,138.00 170 Utility Fitting, F&I, DI/CI, Elbow, 8"-19.9" EA 68 $500.00 $34,000.00 171 Utility Fitting, F&I, DI/CI, Tee, 8"-19.9" EA 8 $700.00 $5,600.00 172 Utility Fitting, F&I, DI/CI, Reducer, 8"-19.9" EA 1 $500.00 $500.00 Additional Information for Item 8.S.2 Page 2 of 2 Item No. Item Description Unit Quantity Unit Price Extended Cost 173 Utility Fitting, F&I, DI/Cl, Cap/Plug, 8"-19.9" EA 6 $600.00 $3,600.00 174 Utility Structure, Below Ground, F&I, EA 1 $2,000.00 $2,000.00 Water/Sewer, 0-800, 0-6' 175 Utilty Fixture, F&I, 0-1.9", Tapping EA 11 $300.00 $3,300.00 Saddle/Sleeve 176 Utilty Fixture, F&I, 2-4.9", Tapping EA 1 $400.00 $400.00 Saddle/Sleeve 177 Utilty Fixture, F&I, 2-4.9", Blowoff EA 5 $730.00 $3,650.00 Assembly 178 Utility Fixture, F&I, 5"-7.9", Tapping EA 1 $3,000.00 $3,000.00 Saddle/Sleeve 179 Utility Fixture, F&I, 5"-7.9", Valve Assembly EA 2 $900.00 $1,800.00 180 Utility Fixture, F&I, 5"-7.9", Line Stop EA 2 $7,000.00 $14,000.00 Assembly 181 Utility Fixture, F&I, 8"-19.9", Tapping EA 8 $3,700.00 $29,600.00 Saddle/Sleeve 182 Utility Fixture, F&I, 8"-19.9", Valve EA 10 $1,450.00 $14,500.00 Assembly 183 Utility Fixture, F&I, 8"-19.9", Vac/Air EA 1 $1,200.00 $1,200.00 Assembly 184 Utility Fixture, F&I, 8"-19.9", Line Stop EA 12 $9,300.00 $111,600.00 Assembly 185 Remove and dispose, Utilty Fixture EA 1 $200.00 $200.00 186 Utility Fixtures, Special, 8"-19.9", Sleeve EA 11 $1,100.00 $12,100.00 187 Fire Hydrant, Relocate EA 3 $800.00 $2,400.00 189 Undefined General Allowance LS 1 $500,000.00 $500,000.00 Total items not eligible for Federal Funding $1,346,197.00 Please provide the Department a copy of the contract between the City and the contractor for final review prior to execution. Please note that the total cost of federally eligible items exceeds the available State and Federal Funding. Please let me know if you have questions. C.C. Elizabeth Jett — Construction Richard Peterson — Palm Beach Ops Mayur Patel — Mat Lab Thank you, L. Wetherell, PE Program Administration Engineer Program Management Office — District 4 www.dot.state.fl.us Additional Information for Item 8.S.2 MEMORANDUM TO: Mayor and City Commissioners FROM: Victor Majtenyi; Deputy Director of Public Utilities Richard C. Hasko, P.E.; Director of Environmental Services Department THROUGH: David Harden; City Manager DATE: November 30, 2012 SUBJECT: AGENDA ITEM 8.S.3 - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 PURCHASE AWARD/ HD SUPPLY WATERWORKS, LTD ITEM BEFORE COMMISSION Approve an award to HD Supply Waterworks, LTD in the amount of $55,233.00 for the purchase of 19 automatic flushing units, Hydroguard model HG -1. This is the material purchase for the Automatic Water Main Flushing Devices project (P/N 2013-026) for which the South Florida Water Management District (SFWMD) is providing supplemental funding under their Water Savings Incentive Program (WaterSIP). BACKGROUND During the annual CIP process, staff developed a project to install automatic water line flushing devices at an approved budget amount of $100,000. In August 2012, staff submitted a project to SFWMD which consists of installing nineteen (19) automatic water line flushing devices for consideration to receive supplemental funding under their Water SIP grant. At the District's September 2012 meeting, the City's project was approved for supplemental funding (as reimbursement) not to exceed $35,945. This request is to approve the purchase of the flushing devices. Staff solicited quotes from our two contracted material suppliers, HD Supply Waterworks, LTD and Ferguson Enterprises, Inc. HD Waterworks submitted a quote in the amount of $55,233.00 ($2,907.00 per unit), Ferguson at $55,575.00 ($2,925.00 per unit). Thus, staff recommends award to HD Supply Waterworks, LTD. As the project progresses, a contract award for installation of the devices may be presented to Commission for consideration and approval. FUNDING SOURCE Funding is available from account #442-5178-536-64.90, Water and Sewer Renewal & Replacement Fund/ Other Machinery and Equipment. RECOMMENDATION Staff recommends award to HD Supply Waterworks, LTD in the amount of $55,233.00 for the purchase of 19 Hydroguard (Model HG -1) automatic water line flushing units. K*D 11 ATERWtRKS:- SUPPLY HD SUPPLY WATERWORKS, LTD. CITY OF DELRAY BEACH HDSWW - W PALM BEACH FL STOCK 1101 W 17th St 100 NW IST AVE Riviera Beach FL 33404 DELRAY BEACH FL 33444 Telephone: 561-848-4396 Telephone: 561-243-7000 Fax: 561-845-7267 Fax: 561-243-7166 Bid ID: 3296966 DELRAY HYDROGUARD BID 111212 Page 1 Sell Net Extended Line Quantity Per Description Price 10 19 EA HYDROGUARD HG -1 STANDARD UNIT PART NUMBER HG1ST018T1NF00 Price 2,907.00 55,233.0 Subtotal: 55,233.0 Tax: .0 Bid Total: 55,233.0 Solomon, Scott From: Jason.Mueller@Ferguson.com Sent: Friday, November 02, 2042 2:58 PM To: Solomon, Scott Cc: Frank. Potter@Ferguson.com Subject: FW: HYDRO GUARD HG1 BID From: Jason Mueller - 1216 POMPANO—WATERWORKS [maiito:aad8227-tril@ferguson.com] Sent: Friday, November 02, 2012 2:57 PM To: Mueller, Jason [Ferguson] - 1216 Miami Subject: HYDRO GUARD HG1 BID Price Quotation # B212813 FE1-POMPANO BEACH WW #125 1950 NW 18TH STREET P0b1PAN0 BEACH, FL 33069-1394 Phone: 954-973-8100 Fax : 954-917-3134 Bid No.......: B212813 Bid Date...: 11/02/12 Cust Phone: 561-243-7130 Quoted By: FRP Terms.........: NET 10TH PROX Customer.: CITY OF DELRAY BEACH Ship To.......: CITY OF DELRAY BEACH 100 NW 1ST AVENUE 100 NW IST AVENUE DELRAY BEACH, FL 33444 DELRAY BEACH, FL 33444 Cust PO#..: SCOTT Job Name.: HYDRO GUARD HG1 Item Description Quantity Net Price UIVI Total SP-MIIGI ST018TiNFOO HYDRO -GUARD HO 19 2925.000 1 EA 1 55575.00 Subtotal: $55575.00 Inbound Freight: $0.00 Tax: $0.00 Order Total: $55575.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Iittn:Hwolseleyna.com/terms conditionsSale.html. Govt Buyers: All items quoted are open market unless noted otherwise. MEMORANDUM TO: Mayor and City Commissioners FROM: Mark McDonnell, AICP, Asst. Director Planning and Zoning Paul Dorling, AICP, Director Planning and Zoning THROUGH: City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 WAIVER REOUEST/HYATT PLACE STAND ALONE BAR ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver from the following Land Development Regulation associated with a proposed standalone bar within the Hyatt Place project: A waiver to LDR Section 4.3.3(V)(2)(c)(1), which allows a written request to establish a stand- alone bar to be valid for a period not to exceed 6 months. As the retail space had not been constructed at the time of the request, a waiver to this time frame was granted in September, 2011 to extend the time frame to December, 2012 to correspond with the completion of the hotel. The proposed waiver would extend the time frame again to April, 2013. BACKGROUND On September 20, 2011, the City Commission approved the request for a standalone bar to be located in the retail space at the northeast corner of the Hyatt Place hotel, with frontage on Pineapple Grove Way. A waiver request was approved to permit the location within the hotel to be utilized as a standalone bar with an extension of the time frame to establish it 60 days after issuance of the Certificate of Occupancy of the Hyatt Place Hotel, or [no later than] December, 2012. The intention is to develop the 2,100 sq. ft. area as a retail wine shop that has self-service wine dispensers which will permit tasting of wines prior to purchase. Since larger quantities can be dispensed and consumed on premises, the space is classified as a standalone bar. The applicant has recently finalized the lease for the space and will soon be underway with the necessary internal renovations. As these renovations will not be completed by the current December, 2012 time frame, the applicant is seeking a further time extension to April, 2013. Per LDR Section 4.3.3(V)(2)(c)(2), if the standalone bar is not established within 60 days after notification by the City, the person or entity who files a submission next in time and date has the opportunity to establish a standalone bar use. Persons or entities that fail to establish the stand alone bar use in accordance with LDR Section 2.4.4 (D) within the sixty (60) day period shall not have any further priority to establish the stand alone bar use; and the submission shall then be deemed void unless no other persons or entities have filed a submission, wherein a longer time to establish the use may be permitted upon request. It is noted that since the initial approval of the subject standalone bar, no applications have been made within 750 feet of this request. WAIVER ANALYSIS: Pursuant to LDR Section 2.4.7(B) (5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant has provided the following verbatim justification with regard to the waiver request: Construction of the space cannot be completed by the December deadline. Therefore, this request is to extend the timeframe beyond the 60 day limit to April 2013 to be sure to have adequate time to complete construction. As per Section 2.4.7(B) (5) the waiver: 1. Will not adversely affect the neighboring area because the stand alone bar is within the limits of an approved site plan and building with adequate parking being provided on site per the approved site plan. 2. Will not significantly diminish the provision of public facilities since the site is internal to the building and parking is provided within the calculations for the overall project. 3. Will not create an unsafe situation because all proposed improvements will be within the building and constructed to the current code requirements. 4. Will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City, through adoption of LDR Section 2.4.7(B) has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific waiver will not grant the developer or the Project a special privilege because similar requests have been granted. RECOMMENDATION City Commission Discretion IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR HYATT PLACE 1. This waiver request came before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for Hyatt Place. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.3.3(V)(2)(c)(1) Pursuant to LDR Section 4.3.3(V)(2)(c)(1), a written request to establish a stand-alone bar will be valid for a period not to exceed 6 months. The applicant is asking for a waiver to allow an extension of the time frame from December, 2012 to April, 2013. Should the waiver to Section 4.3.3(V)(2)(c)(1) be granted? Yes No 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11th day of December 2012, by a vote of in favor and opposed. ATTEST: Nelson S. McDuffie, Mayor Chevelle Nubin, City Clerk 2 ®Vel l i besign ssodates,r inn. P.V.-. �_ ....... .. _ � ...� NOV 2 0 2012 i I_Ai`+IiNING & BONING Urban Planning • Landscape Architecture Mr. Paul Dorling November 19, 2012 Director of Planning and Zoning City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Waiver Request Hyatt Place — Establishment of Stand Alone Bar Time Extension Dear Mr. Dorling: Enclosed please find a check made payable to the City of Delray Beach in the amount of $280 for the filing fee for a waiver requests as listed below. �® This letter is a waiver request pursuant to Section 2.4.7(8)(2) of a Delray Beach Land Development Regulations ("LDRs") involving the granting of elief from the following LDR Section: Section 4.3.3(V)(2)(c)(2), which establish time limits of approval for the establishment of the stand alone bar. On September 3 , 2011 the city Commission approved the request for a standalone bar which will be to ated in the retail space at the north east corner of the hotel building with frontage on Pineapple Grove Way. A waiver request was approved to permit the location within the hotel to be utilized as a stand- alone bar with an extension of the time frame to establish it 60 days after issuance of the Certificate of Occupancy or December 2012. The space is being developed as a retail wine shop that has self -serve wine dispensers that will permit tasting of wines prior to purchase or larger quantities can be dispensed and consumed on premises which requires the space to be classified as a stand-alone bar. Construction of the space cannot be completed by the December deadline. Therefore, this request is to extend the timeframe beyond the 60 day limit to April 2013 to be sure to have adequate time to complete construction. As per Section 2.4.7 (B)(5) the waiver: ➢ Will not adversely affect the neighboring area because the stand alone bar is within the limits of an approved site plan and building with adequate parking being provided on site per the approved site plan. ➢ Will not significantly diminish the provision of public facilities since the site is internal to the building and parking is provided within the calculations for the overall project. 2295 NW Corporate Blvd • Suite 213 • Boca Raton, Florida 33431 Main 561.910.0330 • Fax 561 .549.9000 • Landscape Architecture # LC 26000287 www.coveIIidesign.com ➢ Will not create an unsafe situation because all proposed improvements will be within the building and constructed to the current code requirements. ➢ Will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City, through adoption of LDR Section 2.4.7(8) has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific waiver request will not grant the developer or the Project a special privilege because similar requests have been granted. The proposed project meets or exceeds the requirements of LDR Section 2.4.7(6)(5) for the above waiver request. By granting this waiver, the stand alone bar can comply with certain LDR sections and be legally established within the time frames as requested. Your positive consideration of this waiver is appreciated. S�ndbre)y, ovell'VD es' n C ociates, Inc. Mich,,el J. Covelli, ASLA / AICP President 2 ) Nov S 1012 .LUS�1fi11iVG & ZONING; To Paul Dorling, AICP 11/30/12 Director of Planning and Zoning, Delray Beach, FL Good morning, this is a request to have a stand-alone wine and beer bar, at the Hyatt Place Hotel, 104 NE 2nd Ave, Suite 100, Delray Beach, FL 33444. Included is the original waiver's obtained by Mike Covelli, the license form that was ok'd for a 2cop license to be granted upon "ready to occupy" by the Palm Beach, ABT, a copy of the front page of the lease with Scott Webb and a copy of the approved site plan papers previously obtained by Mike Covelli. Thank you for your attention to this matter and please inform me as to anything I have omitted or still need to obtain, in order to be in compliance with this submission. My partner and I are rookies in the matter's of how this all works. Thank you, Ro ald L. Voss, III 3 0 Beverly Drive Delray Beach, FL 33444 302-530-4414 cell 561-860-0303 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: SCOTT PAPE, AICP, FCP, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: SEPTEMBER 1, 2011 SUBJECT: AGENDA ITEM # REGULAR MEETING — SEPTEMBER 20, 2011 CONSIDERATION OF WAIVER REQUESTS FROM LAND DEVELOPMENT REGULATIONS WHICH REQUIRES A MINIMUM SEPARATION DISTANCE OF 750 FEET BETWEEN STAND ALONE BARS AND LIMITS THE LENGTH OF TIME THAT A STAND ALONE BAR MAY RESERVE A SITE. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of waivers from the following Land Development Regulations associated with a Class III site plan modification for the Hyatt Place project: A waiver to LDR Section 4.3.3(V)(2)(a), which requires that not more than one stand-alone bar shall be located within any one block, nor within seven hundred and fifty (750) feet of another stand-alone bar measured from lot line to lot line in a straight line. 2. A waiver to LDR Section 4.3.3(V)(2)(c)(1), which allows a written request to establish a stand-alone bar to be valid for a period not to exceed 6 months. This waiver would allow an extension of the time frame to 60 days after certificate of occupancy of the hotel or approximately December, 2012. BACKGROUND At its meeting of April 6, 2011, the Historic Preservation Board considered and approved a Class IV site plan modification to construct a 134 -room hotel along Pineapple Grove Way that contains 2,1.00 square feet of retail, 1,666 square feet hotel lounge, meeting rooms, cafe, pool, and gym, a two-story parking facility, along with a 45 - space parking lot along NE 1st Avenue as part of Phase I. Phase H of the development proposal consists of the construction of a 15,918 square foot two-story office building. Phase I of this project is currently under construction and is estimated to be completed by the fall of 2012. Subsequent to this approval, the applicant has submitted a Class III site plan modification to convert the 2,100 square feet of retail to a 1,950 square foot stand-alone bar. The applicant has also submitted waivers from the LDR's to locate the bar within 750 feet of another existing stand-alone bar (Pineapple Groove) and from the LDR which allowed allows a maximum of 6 months for a written request to be valid. 1i%i\ry91"'WAZ Ell A1613 i Pursuant to LDR Section 2A.7(B)(5), prior to granting a waiver, the approving body shall snake a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. Prohibition by Frequency: Not more than one stand-alone bar shall be located within any one block, nor within 750 feet of another stand-alone bar measured from lot line to lot line in a straight line. The LDR's require the distance be measured in a straight line from property line to property line. The closest point of the Hyatt Place property and the nearest legally established bar (Pineapple Groove) is approximately 557 feet. However, the minimum separation requirements of 750 feet are met if the distance is measured from the Pineapple Groove property to the entrance door of the proposed Hyatt Place bar. The applicant has submitted the following verbatim narrative in support of the waiver: "...This waiver request is to measure the distance from the property corner of'an existing stand alone bar to the entrance of a proposed stand alone bar for the purpose of measuring the 750.foot bar separation. The reason for requesting this modification to the measurement method is because the bar will be within a portion of an overall project and not associated with the primary development. The project has a `for lease" retail space at the north east corner of the property which will house the stand alone bar. The situation is a unique situation in so much as the overall property will have one `for lease" space within the N.E. portion of the building which will not be operated by the primary use of the property and therefore the retail space should be evaluated as a secondary parcel within the primary parcel which will require the waiver to address this unique situation. The waiver: ➢ Will not adversely affect the neighboring area because the site is 750 feet form any other stand alone bar. > Will not significantly diminish the provision of'public facilities since the site is internal to the building and parking is provided within the calculations for the overall project. Will not create an unsafe situation because all proposed improvements will be within the building and constructed to the current code requirements. ➢ Will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A .similar waiver has been previously granted for the project known as "The Last Resort Saloon" in the Pelican Harbor Shops... " Waiver Analysis: As the applicant notes in the justification, the City has approved similar waivers such the Last Resort Saloon and The Back Room. However, the proposed stand alone bar is different since the actual tenant space of the bar is located within 750 feet of Pineapple Groove. In the other two examples the bars were greater than the minimum distance requirement and only the shopping plaza they were located in were within 750 feet. This is the first case where the bars, themselves, are within 750 feet. It is noted that the door to the proposed bar is located outside of the 750 feet of Pineapple Groove, which could be considered justification for supporting the waiver. The purpose of the separation requirement was to prevent a concentration of stand-alone bars. The two bars in question are separated by the FEC Railroad, Ascot, and Ocean City Lumber and are not located along the same street. Thus, the location of the proposed bar would not perceptually give the impression of an overabundance of stand-alone bars. Expirations: Per LDR Section 4.3.3(V)(2)(c)(1), a business seeking to establish a stand along bar needs to submit a request to the Planning and Zoning Department. This request is dated and time stamped upon receipt and is valid for six month. 2 Waiver Analysis: The applicant has provided the following verbatim justification with regard to the waiver request: "...In this particular case the time limits are not acceptable [sic do not work] since the building has not yet been constructed. It is important to receive approval for the .stand alone bar prior to construction because the retail space must have certain improvements designed into the plans related to ventilation, cooling, plumbing, and electrical loads so that they may be installed during the construction of the building. Considerable time, effort, and money must be invested to properly construct the stand alone bar within the retail space in the Hyatt Place Hotel. The construction of the hotel is proposed to commence in July or August of this year. The construction of the building is proposed to be completed by September of 2012. It will take an additional 60 days to complete the stand alone bar once the hotel receives the Certificate of Occupancy. This waiver request is to extend the validity dates to 60 days from the issuance of Certificate of Occupancy for the Hyatt Place Hotel to insure that the stand alone bar -will be permitted upon completion of construction. The situation is a unique situation in so much as the overall property will need to be constructed in order to build out the one `for lease" space within the N.E. portion of the building. Considerable planning and the inclusion of certain improvements must be done in conjunction with the construction of the hotel. If the improvements are not done at the time of construction, retrofitting the space with the equipment will be prohibitive from a cost and logistics point of view. Therefore, in order to insure that the stand alone bar will be able to be constructed and operated within the retail space of'the Hyatt Place Hotel, the waiver of the time limits must be granted to address this unique situation. The waiver: ➢ Will not adversely affect the neighboring area because the stand alone bar is within the limits of an approved site plan and building. ➢ Will not, significantly diminish the provision of public facilities since the site is internal to the building and parking is provided within the calculations for the overall project. ➢ ill not create an unsafe situation because all proposed improvements will be within the building and constructed to the current code requirements. ➢ Will not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The City, through adoption of LDR Section 2.4.7(B), has consistently recognized that waivers are a viable tool to assist in the orderly development of parcels in the City. As such, approval of this specific waiver request will not grant the developer or the Project a special privilege... " These requirements were created in response to the anticipation of an influx of requests and that a "first-come first- served" system would be needed. W tern was envisioned for bars that would occupy existing buildings. Howdver : n the case of Hyatt Place, the project is currently under construction and would need a greater period of time before the subject tenant s Ac:oul :be :occupied. Thus, it would be reasonable to grant this waiver if the separation waiver is approved. It could also be argued that a special privilege would be granted since the waiver would prevent any competing business from the area for a greater period of time than is normally allowed. RECOMMENDATION City Commission Discretion 3 MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.B - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 CONDITIONAL USE REQUEST/ SOFA BUILDING #1 ITEM BEFORE COMMISSION Consideration of a conditional use request to allow a density in excess of 30 dwelling units per acre (62.2 dwelling units per acre proposed) for Sofa Delray Building #1 located on the east side of SE 3rdAvenue, between SE 1St Street and SE 2nd Street in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). BACKGROUND The development proposal is on a 1.88 acre site which combines four (4) separate parcels located on the east side of SE 3rd Avenue, between SE 1 st Street and SE 2nd Street and bordered on the east by an existing north -south 16' alley. The northernmost property (310 SE 1St Street) is 0.48 acres and contains a 10,528 sq. ft. office building which was constructed in 1950. The property immediately to the south is 0.30 acres and contains an existing parking lot also constructed in 1950 in conjunction with the offices at 310 SE 1St Street. The property to the south of the parking lot (155 SE 3rd Avenue) is 0.42 acres and contains a 5,082 sq. ft. office building constructed in 2000. The southernmost parcel (189 SE 3rd Avenue) is located at the northeast corner of SE 3rd Avenue and SE 2nd Street, and the 0.68 acre site contains a 9,225 sq. ft. office building constructed in 1974. The existing developments will be demolished to allow for construction of a new 117 unit multi -family residential rental complex on the site. This will result in a proposed density of 62.2 units per acre. Density in excess of 30 units per acre is allowed as a conditional use. REVIEW BY OTHERS At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request to allow the increased density. Presentations were made by staff and the applicant. There was testimony presented from the public all in support of the project. The Board had discussions regarding the appropriateness of conditional use request for an increased density on the property. After some deliberation, the Board moved a recommendation of approval for the conditional use request to allow a density of 62.2 units per acre on a unanimous vote of 5-0, by adopting the findings of fact and law contained in the staff report. Additional background information and full analysis of the proposal can be found in the attached Planning and Zoning Board staff report dated November 19, 2012. RECOMMENDATION Move approval of the conditional use request to allow for a density in excess of 30 units per acres (i.e. 62.2 units per acre proposed) for SOFA Building #1, 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 Sections 2.4.5(E) (5), 4.4.13(I) (Performance Standards), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimun addresses the following issues identified in the attached Planning and Zoning Board staff report: a. A contribution of approximately one-half the cost of a bus shelter must be paid prior t( certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. c. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. d. Amplified music will not be permitted on the amenity deck areas. e. A note shall be placed on the site plan to indicate nine and one-half feet (9.5') of height ii the parking garage to allow the access of handicap vans. f. Utilization for the City's right-of-way on SE 2nd Street for a loading space must be approve( by the City Engineer or alternate loading options must be provided. g. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation. h. A note indicating that utility facilities serving the development shall be located undergroun( throughout the development be placed on the site plan. i. A plat must be processed and recorded prior to issuance of a building permit. j. Verification from the Palm Beach County School District that the project will meet schoo concurrency must be provided. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #1 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 62.2 dwelling units per acre for the SOFA Building #1 development, located on the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street, has come before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the SOFA Building #1 development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A-1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the 2 CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e) The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At 3 least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 11 th day of December, 2012, by a vote of in favor of approval and opposed. ATTEST: Chevelle Nubin City Clerk L! Nelson S. McDuffie, Mayor EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #1 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in the Planning and Zoning staff report: a. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. C. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. d. Amplified music will not be permitted on the amenity deck areas. e. A note shall be placed on the site plan to indicate nine and one-half feet (95) of height in the parking garage to allow the access of handicap vans. f. Utilization for the City's right-of-way on SE 2nd Street for a loading space must be approved by the City Engineer or alternate loading options must be provided. g. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation. h. A note indicating that utility facilities serving the development shall be located underground throughout the development be placed on the site plan. i. A plat must be processed and recorded prior to issuance of a building permit. j. Verification from the Palm Beach County School District that the project will meet school concurrency must be provided. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: November 19, 2012 ITEM: Conditional Use request to allow construction of a 117 -unit multi -family residential development on a 1.88 acre site with a density in excess of 30 Units Per Acre (62 du/ac Proposed) within the Central Business District (CBD), for Sofa Building #1. GENERAL DATA: Agent ................................. Henry Handler, Weiss, Handler & Cornwell P.A. Applicant ............................ Related Development LLC Owner(s).......................... 2204 S Christopher Columbus Blvd LP; 155 & 189 SE 3rd Ave LLC Location .................................. On the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street Property Size .......................... 1.88 Acres Current FLUM................... Central Core (CC) Current Zoning .................... Central Business District (CBD) Adjacent Zoning.......... North: Central Business District (CBD) South: Multiple Family Residential (RM) East: Central Business District (CBD) West: Central Business District (CBD) Existing Land Use ................... Commercial & Office Uses (to be demolished) Proposed Land Use ............... Multi -family Residential Water Service ................... Sewer Service .................... Existing on site via an existing six inch (6") water main within S.E, 3rd Avenue right-of-way. Existing on site via an existing eight inch (8") sanitary sewer main within SE 3rd Avenue or 16' east alley right-of-way. ................... Mil...._ ........:..... liq The action before the Board is making a recommendation to the City Commission on the following request for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ❑ To allow a residential density in excess of 30 dwelling units per acre on property located south of N.E. 2nd Street and north of S.E. 2nd Street in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). The request is associated with a proposed 117 -unit residential development located on the east side of SE 3rd Avenue, between SE 1st Street and SE 2nd Street. BOB ............... _. z ...... -.:.. ,- AN The development proposal comprises a 1.88 acre site which combines four (4) separate parcels located on the east side of SE 3rd Avenue, between SE 1st Street and SE 2nd Street and bordered on the west by an existing north -south 16' alley. The northernmost property (310 SE 1st Street) is 0.48 acres and contains a 10,528 sq. ft. office building which was constructed in 1950. The property immediately to the south is 0.30 acres and contains an existing parking lot also constructed in 1950 in conjunction with the offices at 310 SE 1st Street. The parking lot parcel is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle and the use of 5 parking spaces to the property east of the alley (120 SE 4th Avenue). The property to the south of the parking lot (155 SE 3`d Avenue) is 0.42 acres and contains a 5,082 sq, ft. office building constructed in 2000. On February 2, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for "3rd Avenue Offices" for construction of the existing facility. The southernmost parcel (189 SE 3`d Avenue) is located at the northeast corner of SE 3`d Avenue and SE 2nd Street. The 0.68 acre site contains a 9,225 sq. ft. office building which was constructed in 1974. A conditional use application has been submitted to construct a 117 -unit residential development on the combined 1.88 acre site. The proposed density of 62.23 units per acre exceeds the maximum thirty (30) units per acre allowed as a permitted use in the Central Core area of the CBD. Densities over 30 units per acre require conditional use approval. This conditional use request is now before the Board for consideration. The development proposal incorporates the following: ❑ Construction of a one hundred seventeen (117) unit, four (4) story multi -family residential building with a two hundred one (201) space parking garage on the ground level. ❑ Installation of a loading area on the south side of the property in the right-of-way of SE 2nd Street. ❑ Installation of five foot (5) wide concrete sidewalks along SE 3`d Avenue and SE 1st Street. ❑ Installation of associated on-site landscaping and landscape nodes in the adjacent rights-of- way. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 Based on the review of the preliminary site plan submitted, the development proposal also includes the following seven (7) waiver requests: 1. A waiver to LDR Section 4.7.9(i) which requires that the total number of one bedroom (1 BR) units shall not exceed 30% of the total number of all units for the project. The applicant proposes a total of 56% one bedroom (1 BR) units which exceeds the maximum allowance by 26%, thus a waiver is requested. 2. A waiver to LDR Section 4.4.13(F)(4)(c)(2) which requires that from a height of twenty-five feet (25') to forty-eight feet (48'), the required building frontage has to be setback at a fifteen foot (15') minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1St Street and SE 2nd Street which is 22.17' less than the minimum requirement, thus a waiver is requested. 3. A waiver to LDR Section 4.6.9(D)(3)(c)(1) which requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement, thus a waiver is requested. 4. A waiver to LDR Section 6.1.3(B)(1)(f) which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8'� wide. The applicant has proposed a five foot (5') sidewalk along SE 3rd Avenue, SE 15 Street and SE 2nd Street, which is three feet (3') less than the minimum requirement, thus a waiver is requested. 5. A waiver to LDR Section 4.6.18(B)(14)(iv)(2) which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1St Street and 13.6% transparency along SE 2nd Street which is less than the minimum requirement, thus a waiver is requested. 6. A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement, thus a waiver is requested. 7. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses, thus a waiver is requested. Waiver # 1 will be considered with this Conditional Use application and approved concurrently by the City Commission with the Conditional Use. The remaining 6 waivers, which are site plan related, will be considered by SPRAB during Site Plan review. A recommendation by SPRAB will then be forwarded to the City Commission for final action. .. CONDITIONAL ;EJSE.ANALYSIS" REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or Planning and Zoning Board Staff Report: Meeting of !November 19, 2012 Conditional Use Request for Sofa Buildina #1 minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units at a density over 30 units per acre are permitted through the conditional use approval process, subject to substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards, thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy (CO). These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground level of the parking garage that will connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. However, the Engineering Department does have preliminary engineering technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made, subject to satisfaction of all preliminary engineering technical comments during the subsequent site plan approval process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build -out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $58,500.00 will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The existing 24,835 sq. ft. of offices generate a total of 65.57 tons of solid waste per year (24,285 sq. ft. x 5.4 lbs. = 65.57 tons). The proposed 117 dwelling units will generate a total of 60.84 tons of solid waste per year (117 units x 0.52 tons = 60.84 tons). Therefore, there will be a net reduction of 4.73 tons per year with the proposed redevelopment of the site. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed multi -family development will generate 863 net new vehicle trips per day (two-way). Specifically, it will generate 64 AM net new peak hour trips and 85 PM net new peak hour trips. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Buildinq #1 Water and Sewer: Water service exists on site. It is available via connection an existing 6" water main within S.E. 3`d Avenue right-of-way. Sewer service exists on site. It is available via connections to an existing 8" sanitary sewer main within SE 3rd avenue right-of-way. There is also an alternate connection to an existing 8" sanitary sewer main within the 16' alley right-of-way to the rear of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: 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 a written finding of approval from the School District is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The site is bordered by public rights-of-way on all four sides which provide a natural buffer against adjacent land uses. To the east of the site is an existing 16' public alley. Across the alley, to the east, is an existing one- story multi -tenant building, a one-story medical office building and a large two-story commercial building occupied by AT&T. To the west of the site, across SE 3`d Avenue, is vacant property and the FEC railroad. To the north of the site, across SE 1" Street, is an at -grade parking lot which accompanies an existing office building. To the south of the site, across S.E. 2A Street, is a prior single family residence currently utilized as a private clubhouse. The surrounding properties to the east, north and west are all are zoned Central Business District (CBD). The property to the south, across S.E. 2nd Street, is located within the Osceola Park Redevelopment Area and is zoned RM (Multi -Family Residential). This request for Conditional Use approval to allow for increased density is compatible with the surrounding uses and zoning designations in that the CBD permits, through the Conditional Use process, increased density for multi -family residential dwellings for sites north of S.E. 2nd Street. The subject site meets this location criterion. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed SOFA Building #1 will help to fulfill this stated land use need by providing 117 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C-3: The Central Business District {CBD} and surrounding neighborhoods, including A -1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-3.2: 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 -1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village 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. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high-end leisure area for a few, to a true downtown that serves the needs of the community as a whole. it will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent. " On page 38 - `In order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long-term sustainability of the downtown. The proposed conditional use will allow a residential density of 62.23 units per acre on the subject property. This increased density equates to an additional 61 units over the base Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 density of 30 units per acre. The development proposal will locate a total of 117 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The SOFA Delray Building #1 development proposal is consistent with Future Land Use Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city -approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 1st Street a Palm Tran with an existing bus stop at the southeast corner of SE 1st Avenue and SE 1st Street. The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks have been provided in the garage near the lobby's at the north and south end of the project. However, this does not completely address the intent of the policy, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy D-2.2, Open Space and Recreation Element 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. The City may require a monetary contribution in -lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second level of the four story building for its residents which include an amenity deck with Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 extensive planting material, a swimming pool, lounge chairs, fire pits with outdoor seating, a fitness -exercise room, a clubhouse and a game room for younger residents. Other recreational, cultural and open space opportunities located in proximity to the SOFA Delray Building #1 development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. It is noted that the applicant is seeking a waiver to increase the percentage of one -bedroom units from a maximum of 30% to 56.41 %. Staff does not support a one -bedroom mix of greater than 50% in the project. However, it is, appropriate that the requirement to provide three (3) and four (4) bedroom units be waived under the provisions of this policy. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As previously noted, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the development proposal will result in additional 64 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 AM and 85 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. It is noted that the location of the outdoor recreation facilities on the second floor "amenity deck" could become a noise issue, especially to the single-family residential development in the Osceola Park Neighborhood south of SE 2"d Street. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. This could include the use of additional landscaping at the edges and the use of sound -absorbing materials. Additionally, amplified music will not be permitted on these deck areas. These two items will be addressed as part of the site plan review process. Subject to these items being addressed at that time, the development will be consistent with Housing Policy A-11.3. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding CBD (Central Business District) zoning designation to the north, east, and west is the same as the subject property. To the south is RM -zoned property, which is also compatible with the proposed 117 -unit multi -family residential development. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As indicated in the following "Performance Standards" section of the report, the proposed Sofa Building #1, substantially meets these requirements. The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 62.23 dwelling units per acre. : o inu Use: North Central Business District (CBD) Office Uses and Associated Parking South Multiple Family Residential (RM) Residential/Private Clubhouse East Central Business District (CBD) Medical/Professional Office/Commercial Uses West Central Business District (CBD) UndevelopedNacant land and FEC Railroad The surrounding CBD (Central Business District) zoning designation to the north, east, and west is the same as the subject property. To the south is RM -zoned property, which is also compatible with the proposed 117 -unit multi -family residential development. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As indicated in the following "Performance Standards" section of the report, the proposed Sofa Building #1, substantially meets these requirements. The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 62.23 dwelling units per acre. LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The proposed development is compatible in terms of building mass and intensity with the surrounding development. There is a mix of uses and building heights in the area, with the ATT building to the east and several multi -story developments to the west of the FEC tracks. The proposed development will provide the required Workforce Housing (WFH) Units at a calculation of twenty (20) percent of all units over the permitted thirty (30) dwelling units, rounded up. Based on said requirements and a total of sixty-one (61) additional units, the applicant is proposing to incorporate thirteen (13) WFH dwelling units into the project, which will be divided between low and moderate income levels and will comply with all applicable provisions of Section 4.7, except Section 4.7.9(i) which requires that the total number of one bedroom (1 BR) units shall not exceed 30% of the total number of all units for the project_ The applicant proposes a total of 56% one bedroom (1 BR) units which exceeds the maximum allowance by 26%, thus a waiver has been requested. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The proposed design of the site and building offers a variation in design and color which adds interest to the building and reduces the appearance of massing. The building elevations incorporate a diversity of window and door shapes and locations. It features cantilevered balconies, porches, terraces, and other modern decorative tiles and accents. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The proposed building includes a parking garage which has been designed as an integral part of the building and blends with the design of the residential uses above. Vehicular access to the ground floor garage is provided at the rear of the building via the alley and not from the main street, thereby reducing the appearance of a parking garage. The project is not located in a retail corridor and non-residential use on the ground floor would not be viable and would compete with other commercial businesses in close proximity to the site. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project includes a total of 117 units comprised of studio/efficiency, one -bedroom, and two- bedroom units. Fifty-one (51) units are 2 bedroom/2 bath and fifty-three (53) are 1 bedroom/1 bath. Thirteen (13) units are efficiencies (11%). There are multiple floor plans available. The living area varies among units between 500 to over 1,215 square feet. Some units will have terraces, while other will have balconies. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The project design creates an overall unified architectural character and image by the use of common elements on and within the building and ancillary parts of the project. Decorative light fixtures, a landscaped public plaza area with decorative pavers, and the use of bold urban colors and a modern design are some of the common design elements that add character to the project. Additionally, the residents will enjoy the use of on-site amenities as identified below. (e) The development provides common areas andlor amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas andlor amenities. 10 Planning and Zoning Board Staff Report; Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The amenity deck offers numerous interactive uses from ping pong and pool tables to fire pits with cozy seating groups. Also offered on the amenity deck are the swimming pool and a sun deck along with an inviting trellised spa with a water feature as its back drop. Cabanas offer different types of seating and lounge areas. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built-in planters with native shrubs and lush palms as boundaries between areas. Additionally, residents of the SOFA Delray Building 1 project will have the opportunity to utilize the recreational amenities at SOFA Delray Building 2. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The project is inherently pedestrian friendly due to its proximity to a lively downtown area surrounding the site. The main pedestrian access to S.E. 3rd Avenue is via the main lobby area in the center of the building, encouraging pedestrian activity to the street. Additional lobbies are provided at the north and south ends of the building. Sidewalks along S.E. 3rd Avenue, S.E. 1st Street and S.E. 2nd Street will connect the project to the surrounding pedestrian network. The project's proximity to Atlantic Avenue, Federal Highway and Swinton Avenue will result in residents being able to walk to the main commercial, entertainment, and cultural activities that create the downtown. The project incorporates landscape nodes and decorative pavers at the front of the building to create a sense of residential character for the area, along with decorative lighting. (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides for new parallel parking spaces along SE 3rd Avenue. These spaces are not required to meet the parking requirements of the project. All of these spaces may be used by the public. (h) Projects fronting on Atlantic Avenue, N W/S W 5th Avenue, N.E. 9 st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall/(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Since this is a residential only project, there are no opportunities to provide a nonresidential use along SE 1ST Street. Therefore, this performance standard has not been met. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. if necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. HE Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. The Landscape Plan exceeds the tree requirement by 36 trees, and also exceeds the native tree requirements. Urban plazas are provided at either street corner with innovative and inviting pavers accentuated by lush landscaping. The main entry at the center of the building also reflects the corner paving enhancements with colorful bromeliads as accents and large date palms with flowering standards below. This entrance also offers views from below to pool above, a unique building feature. The amenity deck offers numerous interactive uses from ping pong and pool tables to fire pits with cozy seating groups. Also offered on the amenity deck are the swimming pool and a sun deck along with an inviting trellised spa with a water feature as its back drop. Six (6) cabanas offer different types of seating and lounge areas. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built-in planters with native shrubs and lush palms as boundaries between areas. Of the nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal complies with eight (8) performance standards (a), (b), (c), (d), (e), (f), (g) and (i). Performance standard (h) has not been met. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. COMPLIANCE WfTH THE,LAND, DEUELOPMNT REGULATIONS ....... In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks & Frontage Requirements - Design Guidelines: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.4.13(F)(4)(c)(2) will be required. This LDR Section requires that from a height of twenty-five feet (25) to forty- eight feet (48'), the required building frontage has to be setback at a fifteen foot (15) minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1 st Street and SE 2nd Street which is 22.17' less than the minimum requirement. This waiver will be addressed during the site plan review process. Off -Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required Parking Spaces Provided Efficient 1 room 13 1.0 13.0 13 1 bedroom 53 1.25 66.2 66 2 bedrooms 51 1.75 89.2 89 Guest parking For the first 20 units 20 0.5 10 10 For units 21-50 30 0.3 9 9 For units 51 and above 67 0.2 13.4 14 Totals 200.8 201 201 12 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 As shown in the above table, two hundred one (201) parking spaces are required for the proposed 117 unit development and 201 spaces have been provided within the parking garage. Thus, this LDR requirement has been met. The existing development on the property is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle on one of the parcels and the use of 5 specified parking spaces to the property east of the alley (120 SE 4th Avenue). Since the easement involves parking that will be eliminated with redevelopment of the property, the Agreement must be dissolved or modified in such a way that will not prevent the Sofa Building #1 development from independently meeting the 201 parking spaces required for the residential use. Since the new development will only provide 201 spaces, this means that 5 spaces for the office development cannot be reserved for that use. However, since the two uses have different peak hours of demand, the parking can be shared. Under the shared parking provisions of the City's parking regulations, as shown on the table below, no additional parking spaces are required to support the obligation of 5 spaces for the adjacent office development. If a revised agreement between the two parties is not possible, the property at 120 SE 4th Avenue will be subject to no less than five (5) in -lieu parking spaces to maintain operation under its current Class III Site Plan Modification SPRAB approval for Rodriquez & Bagwan Commercial Properties (Delray Center for Wellness) on September 10, 2007 via P&Z File Number 2007-303-SPM-SPR-CL3. This issue will be addressed during the site plan review process. On Street Parking: Although nineteen (19) parallel on -street parking spaces currently exist along SE 3rd Avenue, three (3) of these spaces will be removed with landscaping and streetscape improvements for the Sofa Building #1 development. This will leave sixteen (16) parallel on -street parking spaces available along SE 3`d Avenue. With an additional three (3) existing on -street parallel parking spaces available along SE 15` Street, there will be a total of nineteen (19) parallel on -street spaces surrounding the property. Although these spaces will remain available to the general public, they will also help to meet the short-term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on -street parking: (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right-of-way exists, construction of additional on -street parking spaces directly and wholly abutting the lot, or parcel, may be 13 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on -street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes sixty (60) compact parking spaces located within the proposed ground floor parking garage. This represents 29.8% of the total spaces, thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of four (4) accessible parking spaces (168 x 2%). The requirement for non-resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the thirty-three (33) guest spaces will require two (2) additional accessible parking spaces, for a total of six (6) spaces required for the proposed development. Since six (6) handicap accessible parking spaces have been provided, this LDR requirement has been met. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one-half feet (9.5') high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. This requirement will be addressed during the site plan review process. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks have been provided in the garage near the lobby's at the north and south end of the project. However, this does not completely address the intent of Policy D-2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. As noted earlier in this report, this requirement will be addressed during the site plan review process. 14 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Stacking Distance: Staff review of the preliminary site plan indicates that a waiver LDR Section 4.6.9(D)(3)(c)(1) will be required. This LDR Section requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement. This waiver will be addressed during the site plan review process. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and light pole/fixture details is required as a part of site plan approval. If the conditional use is approved, the photometric plan shall be reviewed for compliance with the LDRs during the site plan review process. Loading: Loading for the project is provided on the south side of the property in the right-of-way of SE 2nd Street. While this is more appropriate than accommodating this function within the parking garage, the City Engineer must approve the utilization for the City's right-of-way for this function and assure that the design does not create an unsafe situation. This will be addressed during the site plan review process. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross -visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(8)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right-of-way, a length of twenty (20) feet along the street right-of-way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the two ends of the alley have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(6)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights-of-way with two sides of the triangular area being twenty (20) feet in length along each street, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. Visibility triangles at both street intersections have been depicted to comply with this LDR requirement. Open Space: A minimum of 10% non -vehicular open space shall be provided for all development in this section of the Central Business District. Although the site plan data indicates that 11.9% has been provided, the right-of-way dedications were not considered in that calculation. Since open space must be based on the post -dedication site area, the site data must be revised to consider the dedications. This requirement will be addressed during the site plan review process. It is noted that with the dedication areas eliminated, the open space increases to 12.6%. 15 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A-1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one-half the cost of a bus shelter prior to certification of the site plan. This requirement will be addressed as part of the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(x) - Minimum residential floor area. There are 13 efficiency dwelling units that range in size from 500 square feet to 615 square feet; 53 one -bedroom dwelling units that range in size from 750 to 800 square feet; and 51 two-bedroom dwelling units that range in size from 1,100 square feet to 1,215 square feet. Based upon the above, this LDR requirement has been met. Right -of -Way Dedications: SE 3`d Avenue: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 3`d Avenue is 60' and only 50' of right-of-way currently exists. The applicant has chosen to voluntarily provide an additional five feet (5) of right-of-way along the east side of SE 3rd Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (5') right-of-way dedication. Thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. The applicant proposes to maintain the existing 50' rights-of-way along SE 1" Street and SE 2" Street, whereas 60' is required for roads without curb and gutter. Further determination of the required rights-of-way along SE 1" Street and SE 2nd Street will be made by the DSMG (Development Services Management Group). This will be addressed during the site plan review process. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street 16 Standard t_rovlded - Total t;ampl�ance with LDR .., t�welltrfg, 9a�e .....:... ......: ;, .. ...::. Yves :::.. No........ Efficiency 400 500-615 13 1 Bedroom Units 600 750-800 53 2 Bedroom Units 900 1,100-1,215 51 3 Bedroom Units 1,250 NIA 0 NIA 4 Bedroom Units 1,500 NIA 0 NIA Right -of -Way Dedications: SE 3`d Avenue: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 3`d Avenue is 60' and only 50' of right-of-way currently exists. The applicant has chosen to voluntarily provide an additional five feet (5) of right-of-way along the east side of SE 3rd Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (5') right-of-way dedication. Thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. The applicant proposes to maintain the existing 50' rights-of-way along SE 1" Street and SE 2" Street, whereas 60' is required for roads without curb and gutter. Further determination of the required rights-of-way along SE 1" Street and SE 2nd Street will be made by the DSMG (Development Services Management Group). This will be addressed during the site plan review process. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street 16 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 or alley to the subject property in addition to the improvements on its side of the center line of the right-of-way. The existing 16 -foot alley right-of-way, which abuts the east property line of the subject property, is already improved. Paving of the additional 2' of alley right-of-way dedicated with this project is the obligation of the developer and will occur with construction of the project. Sidewalks: Staff review of the preliminary site plan indicates that a waiver to LDR Section 6.1.3(B)(1)(0 will be required. This LDR Section requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5') sidewalk width along SE 3`d Avenue, SE 15` Street and SE 2nd Street, which is three feet (3') less than the minimum requirement. This waiver will be addressed during the site plan review process. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be place on the site plan. This requirement will be addressed during the site plan review process. Plat: The development pro�osal combines four (4) separate parcels and includes the dedication of right-of-way for SE 3` Avenue and the adjacent 16' alley to the east. Therefore, a plat must be processed and recorded prior to issuance of a building permit. This requirement will be addressed during the site plan review process. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (41h) side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes trash rooms located interior to the building. Rolling dumpsters will be located along the alley for daily pick-up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Landscape Buffers: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.16(H)(3)(d) will be required. This LDR Section requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement. This waiver will be addressed during the site plan review process. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Whether or not the proposed elevations meet the required separation and design standards will be evaluated during the site plan review process. 17 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1' Street and 13.6% transparency along SE 2 d Street which is less than the minimum requirement. This waiver will be addressed during the site plan review process. Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) will be required. This LDR Section requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. This waiver will be addressed during the site plan review process. VIfAiV>ER.r4JA$iS Waiver— Maximum 30% One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed 30% to 56.41%- The applicant has submitted the following statement to support the waiver. `The project includes 53 one -bedroom units and 13 efficiency units, for a total of 66 units that are considered one bedroom. Although the number of efficiency and one -bedroom units exceeds the above referenced provision, the program for this project is to provide attainable housing units to serve single persons or young couples or families who cannot yet afford to purchase a unit but desire to live and work in a vibrant downtown area like Delray Beach. Providing a greater number of efficiency units will best serve the target market. Approval of this waiver will allow for development that will provide attainable rental apartments in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City. " Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The SOFA Delray Building #1 project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. While this may be appropriate for a downtown residential development, the shifting of the market as a result of the downturn of the economy has forced a it-] Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 high number of foreclosures in the housing market decreasing in turn the home ownership index and thereby generating an increase in the demand for rental housing. While rental housing is in high demand, many displaced families previously owned two (2), three (3) or four (4) bedroom homes. These families are now seeking affordable housing solutions for their families which will need to accommodate a four to six person household with children. The proposed project could do better to accommodate this new market demand. Assuming that the rental agent for the project will control the number of tenants allowed in individual units based on the number of bedrooms, problems that sometimes result from overcrowding (i.e. crime, vandalism and congestion) should not be a concern. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. The issue here is related to the City's goal to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one -bedroom units allowed in projects under this program. While some leeway is possible, given the project's downtown location, staff is not inclined to support a one -bedroom unit mix above 50% in the CBD. Since no other projects have been approved above this level, approving this waiver would result in the grant of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could not be made. Therefore, staff suggests that the Sofa Building #1 project be redesigned to include no more than 50% one - bedroom units. Since similar residential developments in the CBD have had staff support for up to a 50% one bedroom unit mix, granting of the waiver at this level would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could then be made. 7.77777 REVIEW BYCJTHERS,,, Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (62.23 du/ac proposed) at its meeting of November 1, 2012. Downtown Development Authority: The Downtown Development Authority (DDA) recommended denial of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (62.23 du/ac proposed) at its meeting of November 13, 2012. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council 19 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. AS$ESSMENT,ANb CQNCLUSIQN „ The proposed conditional use request is to allow a density in excess of 30 units per acre within the CBD (62.23 du/ac is proposed). As described in this staff report, the request for an increase in density above 30 units per acre is supportable as the project meets the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties for the requested increase in density. It is noted that pursuant to LDR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. Based on the preliminary site plan submitted, staff has identified seven (7) waivers associated with the proposed Sofa Building #1 multi -family residential development. Six of these waivers will be considered during the site plan review process. The applicant is also requesting a waiver to Section 4.7.9(1), which limits the percentage of 1 -bedroom units to 30%. Since the conditional use for increased density requires that an affordable housing component be included in the development, the provisions of Article 4.7, "FamilyMorkforce Housing" must be considered with the conditional use. Staff does not support a waiver to the maximum 30% one bedroom unit mix above 50%. AN_TERWN' ACTIdNS A. Move to postpone a recommendation for the conditional use request and associated waivers associated with an increase in density to 62.23 du/ac for SOFA Delray Building #1 where thirty (30) units per acre is allowed, by choosing to continue review of the development proposal and offer further direction. B. Move a recommendation of approval of the conditional use request and associated waiver in order to allow a density in excess of 30 units per acre (62.23 du/ac) for SOFA Delray Building #1, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request and associated waiver in order to allow a density in excess of 30 units per acre (62.23 du/ac) for SOFA Delray Building #1, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations. 20 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 RECOMMEKDED ACTiQN By Separate Motions: Waiver: Recommend denial to the City Commission for the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 56.41 %, due to a failure to make positive findings with respect to LDR Section 2.4.5(E). Alternative Waiver Recommended by Staff: Recommend approval to the City Commission for the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 50%, based upon positive findings with respect to LDR Section 2.4.5(E). Conditional Use: Move a recommendation of approval to the City Commission of the conditional use request to allow a density in excess of 30 units per acre (62 du/ac) for SOFA Delray Building #1, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. c. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. d. Amplified music will not be permitted on the amenity deck areas. e. A waiver to LDR Section 4.4.13(F)(4)(c)(2), which requires that from a height of twenty-five feet (25) to forty-eight feet (48'), the required building frontage has to be setback at a fifteen foot (15) minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1st Street and SE 2nd Street which is 22.17' less than the minimum requirement. f. The "Easement, Use, Maintenance and Declaration Agreement" must be modified to accommodate the 5 spaces covered in the agreement within the project; or the property at 120 SE 4th Avenue must pay in -lieu fees for five (5) in -lieu parking spaces to maintain operation under its current Class III Site Plan Modification SPRAB approval for Rodriquez & Bagwan Commercial Properties (Delray Center for Wellness) on September 10, 2007 via P&Z File Number 2007-303-SPM-SPR-CL3. g. A note shall be placed on the site plan to indicate nine and one-half feet (9.5') of height in the parking garage to allow the access of handicap vans. h. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The 21 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement. The City Engineer must approve the utilization for the City's right-of-way on SE 2n0 Street for a loading space and assure that the design does not create an unsafe situation. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation. k. That determination of the required rights-of-way along SE 1st Street and SE 2nd Street be made by the DSMG (Development Services Management Group) and that decision be reflected on the site plan. 1. A waiver to LDR Section 6.1.3(B)(1)(f), which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5) sidewalk width along SE 3rd Avenue, SE 1st Street and SE 2nd Street, which is three feet (3') less than the minimum requirement. m. A note indicating that utility facilities serving the development shall be located underground throughout the development be placed on the site plan. n. A plat must be processed and recorded prior to issuance of a building permit. o. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement. p. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1st Street and 13.6% transparency along SE 2nd Street which is less than the minimum requirement. q. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b), which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. Attachments: • Location Map • Boundary Survey • Site Plan • Landscape Plan • Floor Plans • Architectural Elevations Staff Report Prepared by: Candi N. Jefferson, Senior Planner 22 [----I F I V)LT V) EIz tl k tI6 - I A T L A N T I C A V E N U E P i .$ r — 1 i � ? i i i 7 L{ -i ' W f ' Q - > } r < Q S.E. 1ST ST, 4.r A. Yf ' 1 rvtt1' Ln(9 ,'I 5� �zii•.r Ljj { tZ r 1f iii is i�'•�M.{i}i �fr i d 'e arry'>i�sis'. S.E. 2ND ST. fi l w _ vi t 7 { � k 7 9 w - Lj T T, Hf �._ 3RD ST. N SUBJECT SOFA BUILDING #1 pe dims - PROPERTY -- DIGITAL EASE MAP SYSTEM -- MAP REF: S:\Planning do Zoning\DBMS\Pil—Cab\Z—LM 1001-1540\LM1360—Sofa Building #1 r PLANNING AND ZONING LOCATION MAP ' �"`""' • "'" DEPARiMEN7 t i I Ir t 0.I 4 I INisA r of DEI, Y BUILDING1ARC}I)TEC(Y 2E � . 3RDAVENUE M Yrxulw+rtl • .E. MWNiSfc lDkaara'voro Delray Beach, Fla 33444 z ___ (� R ��Gf C I _ —U; ci DRAWING INDEX GENERAL NOTES -- PROJECT INFORMATION T- __...YR.�ET S�P'L-.�S'BLYSIa(j�j$'ONL dlsPLd ..,• BURVEY LP2 ORDJ{N)Fl.00R __-�M'-- LRJ AM-aMiV DECK WiDBGP P 1P5—A W OBCK LAN05GRPS P4N iArT --- MRior;•Aeu3X�aaioxo!pxY u%pxtcwnnnr:aRWULV4,*eiFgnlEcranE,wovw,rr.«a: rrio MD»¢uelDul, oa-✓u A'a PROPOSED PRO.IEGY: *STORY RXTNG ATR'OUNDIMENT PROJECT xii0iiwsnonvsn+w+ixoroMe•Par:e.iAxYrvusEP+n S,CDNrxeYlNalaDlnvawAPRRDRtiaawawxcfE.xr,nacaa''iMe`YP PARKMGATGROUNDLEVeI mw�yrvlt�cl.7co•aviy�wwFR Wsx�copY_�MhR¢Ie,PEPcxeY,exb 'uer apT mu¢,m;orro Rr.ExnaxaF,rs.v¢xl,ft: Acn wM'wP e� ^oe r.icuc - .4 4FeeNer�FmeRYno<tcr,oNu:n naameR. DaN.vw,ucow•oauwvv-a+ber.<v-ocmunrssu,00ecwuwxwu+ER»Ern„mrsavr. <on, orsrJPFPmxs GOVERNIKO COGS; FBC 2010 EDI710N. FFPC on. noon«x;Rac,aR.wu,l•,euoe+uswRaxcsssvmY:•rssla_Yx:frtP:Eota<wwWrs'n,;.�ncwerarx�xaetn'xt'ou,Pt'.vm:aoi FLOdGA2005EDITiON,NFPA1Oi VufTH WRPACE XQ7 EDITION, NFPA I UFC LSCFLORIDA200® = li �i6 uyC SP -1 SITE PLAW GROUND FLOORPLNJ L LAN ' A•1 LEVEL 2.3 ¢AI+P ROOF PIAN •- •_._..__ ms xnavaocue.axw,.icuv. ewnax.xaP«.c.,o-o<uorxcnwaue..eceara«nrn.;vcmlclmwmwEc?+wna EDITION ttE MCuiEopYlMm kRN' ....,„............._�-�. i— A-2 ELEVATIONS ! WS.DINFx'eIONiReDlww.:E>ox rNRew,Vnx4asak-Y:t:itix[.rnEVCFCeER YSLNa OF'xJUAl,os MNrAWSMRCUCU:ArFD a+�xxV•Li RVO Ranosn[omE.,rF+PearwoN.me[Ce«,wr.-0r»Rrmxx=n+eUiimEwlOrCaY+'ea 'e^ _�ENLMGE�FLEVATIONSy„,••,_��----------.._--v ...... --�—I xw.X nnuxvweu rAxErxec[u,xaev:rt4rr. rxnx.r:+alL.nan rlCreo L•xNa'ne enNr rfHniPww.••¢SSEA�,vn,i «XoaaaYQlVAYoeWNroNl O Ad UNIT PLANS _..__._ A•5 UNIT PLANS PMO PHOTOMETRIOS PIAN �. A4 UNTP N9-••...•.-•.••� paWin�P m«oxrlx e+iHes uDlic0wron,fMrtnpx o Lnwvzin w,.+„n:, -No-.es arwomc ROOF HEIGHT 41'-W m. mcrxwnxaxu.eelunTm•o,NaecorFRfAVJIUF'YwiEPx[c-v: rvc corrpw:; a�cum[ma tpra^�:tawt xa?naw.l ae epRwm ' ' TYPE I(8)-SPPoNKLEA . A^B DIAGRAM- ;«wxxoru.,nNerrmexl;SCONTRUCTN)N T____.--—.--_—_.—.--_--.... A•B NDERNJTA�RHA�,Af�QSEC110N __.............._.., A•S0 RENDERINGS ,•,,,__ --__.__.__..._..,_..__ ,.FAn'ICFR60r AY1R4TONNIDC0.Vry».Yn+vr.xENkU:WtlEYME k 6w,.YNSCOviR«u1DRekuLDe,+R,NafEnmSFrtaaeu;xeNs'. owFxrxawxuncnonmxaM4PawLLnfceMAwwCf rilEstmcrufoNcvN.rA. BUILDING DESIGNED: ENCLOSER BDB.mE00xnE«G,oR9EY46kBWr.toirrZ. PD1xIpeMVC`IDNEGIE:NE:.Y.Y;R>NM:.G.UI StBEOMINnrCRS, SI. ' mr.coxrP.�toP eNNlrroSNLLVvanwEaawecr.s;:+'x+senlus'coxrNNNcueFtroa ltnrsEnMvnl�akaeperroowa wer �IIJG DISTRICT: Com_..,,.„...._._.. 'ea 3i�'• CML Pw _._........... --T.MVIHG'&OA EPLANeanrsTODtxOtaa+xRD•eRit+ws.—.-•.....'—.. ow.rxc rnxwaronvluEeF Psexnm¢Icfmonaeaxaumw:,naNnxa•uu+ufNr epmr.aafow.wxx:rrroxs.v D.srwna - ,.......,...__. _ G2 IEAE �i u+�� -^ ��v Dvww:Ne OUW.noxof vxt wmJeor,ynF eOx`Rsat>NSw4NNMUNOH xRlxwco �Drt kG RcuwErsxe c:meaw�inNlD L.E)Gt�TEC7�d f�iAi� -- ('PATERS 6E"YR PLAN YER3 sE)xret OETlJLs C3 ___...- CEN:e>rJaIa DOWNCxra.IWI.W,xa NFmEN,Esr REv,sOxa.,wOexCDµenOaDM'nlnae, nNDEliaalWrw,N MFaNM:'cxurARV IE wiauxeD vnrto2wuFRmcNdIOrYREKRar[cY. - --- Ra,xE;uxrRfcraRawa+mopa»xrEUEeaxxv exrewrrsueoawnerDLR+n,xoDsaxx::,NEIwrNtwMwotro rnexnnR,wrioN I,r—' SLr6 abedaF.wRwrmE Ecwaoi BucNraxF rvoa:ouoc,u.:m«L I LOCATION �j'_F ._'� ._--V4WNERALNOTE6 W-u-�•-�'M _ C•TCOMPOSI c UTIwnPLAN -- -- ER-/ EROSION CONTROL PLAN -•-•-F••• �"_-- aq.,n: waft:expuusetNtsne.wnnrtoru•xa,¢nv.unxHwllR'zlmnlnecroeRN;flrFru.wemna uosrmtisvem+ps,afl. ,xeexnnRnun cxnax wrnlxeuotxw;rox or:srt=wNse[RY.twgsxlwrccnnHrv. I sr,. { raRalgwxlwlu erule<auxR-roa. a,raeoN,,-oes,v<xpuxs<uoarccu::ret«:wr.�oxsR•wcExntc,va;.scw�elluw r 2 7 .• _ {' ! .- '1 wrlwo1+01<lar ii""''yy ER•4 EROSION CONTROLOE7 —.—�,�_,._�_— �,�Ix��wHiTMmRw+axTUY'"EPRamrw��usR'.t1E Daxe:Niarn,xwauuiwErPofadtouflwx,_ R1N BlIn48X.4LPhHMNFRi�fPOMRUeM9HwrDOElrRre wsroM:bfLLD0xe1RWn0.nOfh Evj1iC0AroM,o6RPx4 1 S' .” WrnAralnlNe +yD;! WAIVERS REQUESTED I W 16. � w FxnaaxrR aYoxEnn.PNurEornE, DR crar��H R aroxe.Nnm» ¢ �raeea:u vDt EFx „F ; �. , t oilfRu'.,oxslMtltMDM'0,v«v.DxamN.RaFDexu,lsPF•rXCEoer nlE mNmse,oRcwslrlallweuucs.n+ewa;lEor.•,ar;n w 1�31DNFA: RE v; Na _._.`��._._.W..._..— .....__.�....___- -� olly[mEUN ;PRGIOReW;t Ex�EarcEINE MtM1¢XYaflgxaLW,:xE'IEM¢roeVN.XtxlnLlvgCniOronxolOsYE CbbinrCnON .rP!aetrrtxsmBau:_ ✓>ew0.a ulaNlaTRu RLL FetXaxENi.i01a'JP66,1M1wroe4f4RVxrrn4E+crm'.t'3!S?mk+'Luty DI9AT.4JJ.F I.y REOUESTINGAWA!VER FROM LORSECTION B,1.2(8)(1)(e)TO REDUCE THE BFOOT WOE ,_W.M1UCNFa+reED otoutiMowe«c.uRER¢:N•fN1�nuEONrPucnoxaaruuxrc«mvswluaE arrwsr vFnepw.«xa+x'e caxasEREDn P.mcsmEwmwc*xcuuFlrs. a N. 10DI. Ramsm meq, SIDEWALK REQUIREMENTS ALONG S.E-2NO AVENUE TO SA°. , wwalEnon acnlE Sauce: ,e¢,wmE>F,xE a��ack'eta,ucrr'xmsrcenrNrearmEoxa erne ca+:R.emn IWLLPR�W,oE ME anrvxX'»nx N.. eo.+w.rn: W�N,ExxxCEaWiNarnVonix WN;weAMCVCClrN,nb /1 - 2.y REQUESTING xE R1iCM:FG+VAMAstTOf•ASwALPeMPtECPW,s.T+E �I Empeor�oxw P Ter rr eEwnsn,e mxm rax vr✓u.wylntr M ,' E ° Dat Rn rElr.Cvem YleaE oa+nlnRtwLLac+xawNlnmrv'a¢cvMa! TPtgNSPAR>nNCY OR GLASS$URFACE ON THE GROUND FLOOR WALL AREA OF THESUILDING OR GLASS ONTHSECTIONGROU8(B)(14)(IV) OLL AREA I. I FROM 75!6 T022%ALONG SE BRO AVENUE AND E3.87e ALONG SE I6T STREET AND 5E 2140 :NxaolrFMnoRCI,ui Vl.Rvaxryl o'uwn'CLk:V}.VpRK FOwPAFAi.R%IVIE'Cw^PA.WXCIXv414nDx/l�xHVxm S repp;oof axE.ew ram.•tteet=Ca-.rxf�ilwnseagwNcesr,xeesBnrY.s.t D'restuPN¢rus,'asangw« i 1i r ax>•n+a.+Ewewc<rxrv,Hewmlum ucnaEx;a s sg,1 I STREET. I en,nE DDnrRXc+ -:F ws,er a E IwnxY wD«x,Hsr i^1 ,K a %,Slap �-°"wPc xriee� - ru.. wnRnwnr,nwwa�FRDiEN.xw,xEwwPNmo--Ran � i,LR -Ns ax.roRrxeeonREnN kYrop•eurlvauw+a.�xnwxw.mnarrnmmw.RaxeE . �,, '� }v.� .INNr3 ' i 3.)MUESTING A WAIVER FROM LOA SECTION 4.0.9 (0)(2)(m) TO REDUCE THE STACKING mkwCxuYac F0.0M 50'.0-T020•S'. �Y� rFWmwr'” m�.xxNascaRcomsraarE � �� ,� �Eirun Eccsm I DISTANCE ! «uaP..ccrXaax+L ens wa�rroexawn�tu+ Pc� wa.Yx ,eta :i”" 4) REOUESTINO A WAIVER FROM LDR SECTION 4.4,13 (D)(12) TO INCREASE THE DENSITY FROM `'R` srv91i u vxns A nNP xNts rn:n 1 crura mu+� w aL1LWSTOTIIEACRETO68UNRSTOTMEACRF....•n+tlr+)_mre: AI Ir <v.Roee°nw.Vl.liaeHo mm ieEa fnoccovPu ccN ,R RP< Ew,n �cn sarou� i 5) REOUEST(NG A WAVER FROM LDR S1wCT10N4.7.911) TO INCREA9ETHE NUMBER OF uu nv AAl#.v FRccvereREsow«xonxn eap.-.nsrxowuBM;E P„ wrlKRu E ,Walk I ONE REDROOMJSTUDIO UMTS FROM 30%MAXTOe2% crn:wnlviweuor; n.rrt «xwr. a�xERww,.axsi not«funm a�ourx namaramHucxwE,sxccn; u•' s ,iL •%' ---------------- SURVEYOR CLIENT ARCHITECT CIVIL ENGINEER LANDSCAPE T RELATED DEVELOPMENT LLC RICHARD JONESARCHITECTURE OBRIEN, SUITERAND OBRIEN, INC. ARCHITECT I}. PILLAR CONSULTANTS, INC. 916 S. BISCAYNE BLVD. 10 S.E. FIRST AVENUE. SU1TE 102 5230 SOUTH UNNERSITY DRIVE 955 NW 17TH AVE. SUITE K-1 ARCHITECTURAL ALLIANCE ' COYER SHEET MIAMI FL. 33131 DELRAY BEACH, FL, 33444 E 104 SUIT' DELRAY BEACH, FL. $3445 512S.W. 4TH AVENUE �d TELEPHONE: 305-5334002 TELEPHONE: 561,274-9188 DAVIE, FL 33328 TELEPHONE: 561-2754501 FORT LAUDERDALE FL. 33315 g jy� ! FAX: 561-274-9196 TELEPHONE: 954^880.6833 FAX: 581-276-2390 TELEPHONE:954-764.8858 I ... �/ L°s o6 conm 7Ct N AtZiRD 2R41A'fFNf, 1141i� lRVtSi {4r A!a rNIiVA) fi!£ eetNtc•mnAan rta s m m17 T nttr nes uwanArAw I1CWVAwvrrcs �� dean xve: a+aNAoxlu+a wmt nc:m r+tArsu+wmtarAc � AAO f(RIXR rPRai545iQ1aNR rem � Bi ne ASArr�itr°�ag (? 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ARCMTR fUFG U H �M a0 w ' 4r4 aye eM ;}d U:Nxw: RJ U bI1Di�ffCtntR: wnow�xuo�� -uui.i L C. S } k _ U' LEVET. Z 3,4 ANA AN A-1 a ' i'1 M • d' �� X11♦ �. West Elevation -- 'scats: i•=ia East Elevation �S �• � M ��, aj �■NBC ��C lol— South Elevation scaun;.,^W H 41 mnh'TNrun xq) LiW FAN W: �V9WTI'.W: M(J,W4urtL,t aN. Y t i FLBVATIOM _ A-2. FI -CR JQNTS AkCHt7ECTUME 1 �,NItl141!I,r�2Mah .c:uxeaW •wr�.� o U W— 41 mnh'TNrun xq) LiW FAN W: �V9WTI'.W: M(J,W4urtL,t aN. Y t i FLBVATIOM _ A-2. ®R F9 Ml IN on VMP JIM, N4 LIVING 18'.0'42'•6" SLEEPING At 1a-o^x1a•a° 13A -MH Studio -I Loin/ I Bath SCALE: 1/4"=1'-O" A,'C Area= 569 SQ.F.T Balcony =190 SQ.F.T Studio -2 Loft/ I Bath SCALE: I/4"=I'-0" A/C Area= 530 SQ.F.T SLEEPIIQO At la -0'x r-6, LIVING 12'-0"%1T-5° BALCONY 11'-1vc 5'•0" Studio -3 Loft/.1 Bath SCALE: 1 /4"=I'-0" A/C Area= 500 SQ.F.T Balcony = 65 SQ.F: r RICHARU.101+TS ® IItdT—.dll 1 V :1RCFIR6-CTUAE a F ,xn iciu•RRw F r�W 1 l � 3 s G i 4 S PLnMYv. 'dh`RNAMc rii k NWIISANR"t y naaR+.A: II4u ,1sKMVIAW. RI WA d 5 APVWUA.: S i E 9 UNIT PIANS _ H A-4 7 BALCONY 14'-8"x4-17' I i 11 ;€ MASTER LIVReO fiQOMBBDRO OM 12'-O'x2ff-6" I� F DIVING :i----- I s BATI•� ' ea; K:CfGHBN , Unit A -i 1 Bedroom! i Bath SCALE: I/4"=1'-0" A/C Area= 774 SQ.F.T Balcony = 257 SQ.F.T BATH Unit A-2 1 Bedroom! 1 Bath SCALE: 1!4"=1'-0" A/C Area— 787 SQ.F.T Balcony = 41 SQ.F.T ��._...... BALCONY 'i r�-CRs 1 LIVINGROOM jJ MASTER 1 BEDROOM 1 11'-IYx12'.0^ KITCHEN X7.1 W I.C. i f BA 3 wa, Unit A-3 I Bedroomi I Bath SCALE:: 114"—P -O" A1C Area= 715 SQ.F.T Balcony — 73 SQ.F.T FJCV,ARD JONES r ) 3 x t [ 2 i ARCHITECTURE F nnvrnex 11 fiewn¢�n i 1"1 b� c >� V o a k F i E uc�xr: �.c�a`i%lurnalrw* ' J. F c�•annornlnei F� �NwN Yt: •1. w1 { FEND FInnITM. ieu,� {�- ne.VIFRP 1 ` MASTER BEDROOM DINT40 LIVING ROOM A D,i Unit A-2 1 Bedroom! 1 Bath SCALE: 1!4"=1'-0" A/C Area— 787 SQ.F.T Balcony = 41 SQ.F.T ��._...... BALCONY 'i r�-CRs 1 LIVINGROOM jJ MASTER 1 BEDROOM 1 11'-IYx12'.0^ KITCHEN X7.1 W I.C. i f BA 3 wa, Unit A-3 I Bedroomi I Bath SCALE:: 114"—P -O" A1C Area= 715 SQ.F.T Balcony — 73 SQ.F.T FJCV,ARD JONES r ) 3 x t [ 2 i ARCHITECTURE F nnvrnex 11 fiewn¢�n i 1"1 b� c >� V o a k F i E uc�xr: �.c�a`i%lurnalrw* ' J. F c�•annornlnei F� �NwN Yt: •1. w1 { FEND FInnITM. ieu,� {�- ne.VIFRP 1 BALCONY i a'-A"x q•0" —_ ---.BEDROOM li BALCONY ''--° p u fl zla' o :I S'-o'x12'-o•: j . I LIVSNO ROOM e MASTER BEDROOM BEDROOM ia'-0 xII, I rr mxla' n• JZ1TCi•IeN I \ i Vv.LC LJVNNO ROOM it J la' -9'x19-8" ��---� - --E ; ---._.....-_.'ll �a (N• !i ,�—.� BATH _ -�. !•' ! _..! b[N1NG BATH BATHI dKITCREN r Unit B-1 2 Bedr'amo! 2 Bath SCALE: 1/4"=1'-0'I A/C Area– 1194 SQ.F.T Balcmiy =102 SQ.F.T I �L BALCONY MASCBR q -Ax ta'3" BEJ)ROOA4 JBATH�_ Unit B-2 2 Bedroom/ 2 Bath SCALE: 114"=1'-0" AIC Area– 1210 SQ.F.T Balcony = 382 SQ.F.T iUC[I.V:I?J011E { ARCktlTCCfLRQ C F r�,`�,1j C• I"1 F �wrn A��n s i �vu � exrxsla➢ r /� i 9- ^J croomssrar .' � }' V v➢n �i,r: vnG IP.Ns: ein..nnmv.�xrv, naa ➢➢w]�nr NJ BALCONY 36 -ON V-4" MASTER . BEDROOM !I UVINGROOM I BEDROOM L2,0X=.s. I[ / ff ! I DINING ; i BATH KITCBLN Unit B-3 2 Bedroom/ 2 Baffi SCALE: 1/4"=V-0" A/C Mew— 1131 SQ RT Balcony —219.5 SQ.F.T 13ALCOW U4"x 51 -IF BEDROOM < ID'-0^X131-s'MASTER H BEDROOM LIVING ROOM it _q— RATfj DINING BATH'—KITCHEN 0 Unit B-4 2Bedroom/ 2Bach SCALE: 1/4"=1'-0" A/C Area= 1131 SQ.F.T Balcony = 240 SQ,F-T RICHARD JOM No � A1491TISMURE UNIT PII%Ns A-7 E41 ,gym t��/� / r ol KIR "o o rl 2 MAI ........................ pro, Op PON Of p gm ggog VA, I ®rFri, VMS,' W,14 ol ;o . IWO "Iffifile'll, I SMIN I PAW, WINNER Third and Fourth Floor Plan 77. .,o 20 W -w Boilding Section SETBACK DIAGRAM AM lllCllCl'I A-9 RICHARDJONES i11:F::k ARCH17ECfURY. \w�.rmuF�i fl:MYRa fft 4 l� R Fi_ z •mialF i'AY��tlW! IlW A-10 I '^- ecrswrvs r r.— i.RAPHIC SCALY. •'� wea:mw.v 'S Y ..uwu...uw.w.,. .�_ _ i _ _ .. SE JFU RYEMUE. �m'1 ��jj Ni�Ayfl%Ux � { t arrm) ameo�irtiemx) •. ",:...: � __ __ — TV - - -- r ! 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I~.r f:. zYaz wa n-rm •11• 1 j.uw, n.zw� fl' CONCRETE WHEEL STOP DMIL ��M� aa.mPs�olsrp. ��lp�. xTcp r 910E VIXiW ",., FROHi VIEW POLLUTION PREVENTION BAFFLE ... _.�.:.err,as.:,'m'.:ie:JL=1 w+m. amH: xr a.i ENGINEERING DETAILS SP= N. C2 !201OA 'NOTES: 1=P Mwaiab Pw+lmtl f( -_- n.Ymwem.uw«...wY.Ya+,N. ��nmw.raeYmlMn.PwbmMY'aYO. St L GRAPHIC SCALE h -' •n n 3RD AYEM.iIE_ �.. .. ..., r.. ...:. ..u:w ��. u�v i • .. rm•.a.. 8' �iAPPIk4 N6V(YYfin o I,ume P4 uexWe av a ecukl. PrcuaH Par •... ,. ==_FFFFFFITFI I ,: I 'Q' ---- ------ ' + a JNb OrnCPC �9CMC0 BWk ..En±1FiWE - E 4` I Y may-[ 5 �' sEf. sECll41i i 4 c.OfcMIATY r AAA dk4rs,;4 �MN1�0� • P9Ni :N2Yffi4�s,E1YYP.; I I mfr •Y `p' �4 Z cw• KM COW_PflG P;M nPI.;11gL aa;c ECY.R P0.' r I i� 1 " 11 £i " � N 0�� v /NC 71• FA JPE l+c1O fgEC 1YFlryt dMMOYpY91M IIIY•aY •'_ j } nu` • —Y _ ,_ .:...:..,"• r � fl} j� I Y'L_G.•`-N�i'.iS'.S.'."'" La.�� Gr M L Yui N U_¢\uYE cA•umkp 6CCEvE .. �_P m�..,m.e :� wlxronas:.�.._.�,m �"}'.'!.......____-•.,� ____.__�.__ '.T" •:3Y V H6 4VCN C..4N EMY.0 .. st. `�.•.�. ,=50+ VO/ or• ,_ �, y� .. • -.. _—`, � a iE4'i CIP[eYI.MI 6W "w �44 > <.� . e P W g 3 s s � O U 2 �V W of C w e Un WA kw B.✓.'•1j{Y ainYfnvw:brd.nvnrPmnn mYlbYad1.9. u it nw�e4r-sea Mviinm Mer w•x1 wn �•.ylmy�il:ecMbrr!'/ryeeae� gpl8� 3 SHIFT No. ve wrvxmYe a aspo Bxaw..xo r..c. in�M'v�•x /°' S.`•EET 7:LE C-3 WATER AND SEWER PLAN lzoroa t7 DURMSEMM =7. .D 11 Ilwt#09A%=I1 _11111�illl_ enull WATER AND SEWER DETAILS UN Va n. ill 51WE, ", I III C-4 I. APF11CANLE. CCCES V�`r(sMn lroovuce`'L.rv. � ra �e � r;io�v. ao 5� t mu U+aE 'twD( wlvnz..�X:�rixF u•nWL fr WnPI"•r�� . 2 Nuiy ail e[Lhswa eirsu°N°sctizu. t. � 4ma :vim tc a[u iarvsaU res mwAwrt! reY• Y2.iw[ Or RCn4S tt[Mr - wuc�p0i✓ArN.n N`xf �mx aW (sl anc vFcxam TM <oxucm cw� •. m.� wygY.M a,aR lam• tax°uM!Na. +al e[.N fMtr DMIIF aML sUa< Or Q,w� Doaxnxe a2 msx v a"w: a�.�r_ .x�e.eu' (uwr [arm •, . • _ �;", f w� Ix=<a•L°a,��..(..K µm W xxnNa rl. M.W.SMcnON RESPON51dL1fY L, .IS�LCTIaV M, 54:n IMNWINGSovs zw mHvcS. TM urx mM µn � u� ''Ofr� V �[Sv �Aw� °,tsOC ri:aAtrm zpX PON �Fini"b!"r' (AM �W v �: �lII,yrtxL'p12 ?xCrmA °r FFJoxD °�'OmlfNi ¢ E�`i �r4 sNti a"`xyu° G,. noun OvuwxmNs %LrF Neta nmisPv ,W ul . �.rr w� v.T.wrc lxc rcarxa. uraL«uF Lnwwa wa V. TEIAPORARY FAciUfIS vtsrvxvsLrr ro aa(uxu :d m cuR!: itwvwxr tw.I[e RfGtndn rO me 1YvmY[ NA scNn!iA+Crtws rov nrfF vff wE a.uira i:cr('rroal 17, 1 o`l a Mr `A- n W ELT cws9 9u1 nniovr rm..s .wxewx w ,v c:n w wn• wncx T _ . � � w � • a�D��kL M.I .vO 9I.: 6r•r 1ewrvsnb>OA°(rr"A�vlax —I m w F3tV YYYJ!&I rCrvv°III IIE a DDn(..xx xxr. w.Fxo ac �rwroa ,xF Xs yai�r�'"'L rvF asakr o,x[ un a qD iaz+sE m�vtm�ry °iex oce`":xv niuromi x�ivaxnv ewn�.sccav�ww�ne(� a•1' �r< �,w rn +xF �rsf m � ..-.n...a....' �v�� [�N ° awx -vrc artmN'a _IEn• neWc;wi�`:rr,°cr�i"H" _ rcan .wD N(w.rue w Nl P M�•�,0 � :yW.vrv�nn Lx K Cnt ,lCDAN.r wHMe [4 a°w[Fx 4Wl SY?m nv (y! x BNfMxS4 U 'A; -PELT (aSwUUDW LwnwS. r •Hc tr�r�a' M.a°�f CJfN M[ PFLU9[D MR, TM rvVpCt F wwara suPunu5 lc D nO�ILR urMrt'n�wliN cLn P vVWxHrs SL'NFD.vv srwm n a wm.- sv (woo - xW nF Fl:tluflR a[ il] COr[,. s'w.wx'.T r ry enr, . a2 m •N-suv (J .x aawme I. WATER WWWWN PNC/OR SEWAGE FOIWE MAIN SVSTEM C IMr� Wrcwv,•'wv�rkNC s rHTILV NYrSVWw1rn[(i°K grr:rN t(w'IOAat�rro4�L16MN xY9i 0[ •v0.7I1F. •+n smtla YwN ours xxN . vxwux rO aaa xcwrarra zmwxna. rimsne � s s:wt eF �m< sru. •,nx z www 4. aro urx - M (� x ae x u'r�l °Afti � ewdrtm an Y Nax6rY9rC4�9xL'DF N.RNWafm tF CM1F n(%+xpz �or� LSM u�iaL�"ex. (Ai�v[��.CAaD.sRMNrt /Kort lvcwxu 9; iE V.lu(r+ trrOrOs :ws b[ L' » +•as ws u' w sOv(°mrcaE�i 1=1 w UKUM,°°xm%x rm�vwYeA`n. NHwmmie'[mllae4e. uI r°'eLOI xsren, �r xane art tr). � ry vNm/ssYm uxm xa )rFr wmx swxz ,. nn"L.'w1pMen's,wrfo.� n nlBJ110Orx" a. o°IewL� f[a'"">xi nywL xn acL[D nx cn w A"'Or>~Nnsu arar r"^,irn v°M u�.x v a[�+ vw�irrL�a[ m .ntaas�axs ni. x «srerrn ,. > .vyAePvx(fr`:it mwl wo. wr`v�ne`cc"v,'Ya'•`�' wa°tt(on nCN°rW� L v AeOYR°•wxY.w uw.. Nn Nv M IY'I,PO•A<A JtO n(' -r6 -A CUSS SYJ [# swa v� <(w �"F. OF 4:rtxMMw. wupµ Mav°n�tvl iNd.S41r,211. mwasc F w tOwivr'a(� in%Nrx.c, �m LirgrnCN, OMCf.+°tU1°exA ' y.Yeu Sw/u�(_p( vP IA,cT raVnl(Ssua� � L°a4. IF,v: °-a�"�11e4 wi ammyiF�ryi�,, uanlKa`M rNVA(mYA n<J. M_iJlx. eWL'�MO- i%iW x�iW°n K Mi•MiAUr /s" rrAtlS--Z NF+IfAffkW 1 Wr[L [`�R�M tLWTrEx n➢G Cr nrrrls nrc,. gwairo .. o'iwwai(�<nitaM"o-a.,,axa A .. m�,Jc°b,Fs: u° aras°A [µ(o KAsi�frvsr[a.°eUi> "wn`n° xunniLL C(nss'1.r 9xLL u' O(WNC LxW NY Yrt 1G20 esu »a' wii: N,rd [n••,x ve). eunmax naaFs mF rAJ(ApY [ea vaass0 rrox•wc wLv etr¢a r�JAa wn uu aL(el w e'o r1etiA; Xa°nui awaco ° 'o w(°wNsi1. 4 aes!• /wwivczvW s °w i� Sw soi °lrwiA [+a'RIO+L,('nCax t� CR s t"auLw wines oui"auioi°x� s n s°i�rs� aw'`ittH ��m"wccsss �."ssiir.�'ar��r „aaWW M. s(OIUM9riMali a �� •wr�x �L"� wY�. u sll Vri6ry I°�.w/MYM ux I ,»run a<. x .um waax sw rIn ;ej snw sxl wrvr.K two :/WF'p! o. cnuvx to A9P2L,e [n F,l+r X-` 'fX, vFNMty. 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IxsxJILu4 haa. xna,,�rnaSaJx M MK>Nt � 'Mx h FJ.m9M.�uY.1e°nUe IJ1LNC "Pare rex at ae NIn1�Xrw' to VAM i>P L Raa mSLYf mm>nP xmAa» e• �, uG9 wxtsc rx C(vxalxV.r <uc+uzron Jwl aro" anxF tuFe m [ca °. xwFaiAm. r J�arn"x(Lr�"xL%y+itt rttiY � (:� ous (wlxl . am !Txrm"-.t anS,ntCCN((w Yrt X zd--z— •ma(Xx x(x'A ua' wum Dc>K rNriux'r°uxense �(�x M: - �aLL a vlml(n . _ xx , mer vXroucnwix�Yxarc""•..,:e�; Lei°�Lxw�a C. uM [COkn awA � uY0 w -aunna tinnl ,OGDM [Mf AYD A- nm nLs atl[wflrpaµrop(s..ww crir/�a-w,ctu ortt �a U•q rvexU Ls x(Y.vem n � uwr-Xt w wxel ti[ ,a �c c[ Y Nro w E¢ yr LLQAe<K µo ARaxS dcN-mwuamv wl4w`v a. wlsme@ID slrl. x nr pw uw of xL rc» F rs"ew"m..YOirr.[m a.a°f3. ;:'"'° xt,Fw(M S�i,�P1 DVRiS 2' N IfSs'arf aUmum Nr -M. MN cK WK 9 TC twnQtt >IrPY.G 63c S3 s[W. ¢ GUCDIE :rcx, Mn cn4r Y.-u..r>. 's�w[,.[nDanamu[�2r� .w,wnN.,•el�xanlmw rAXN,rF �»D> � �•»N ��ri - I r. a V x tt xf°(-lt[M-sUnn J(s tO.xs, za� caxar vuare xrN,apL, vwx �n�irexrow dvuwa n vm.cm rxm0 � � o..rc�u �Y e�Vilseirx°c�Vwaarx' xvDiSSTAD uiF•��'l++x xMxu�i¢ v e. vsLOpLk''xux:u""xxr x� x r , vxaa-Nzr vnrow zr.,s.rl,2rxs�`OCaimie��'�rn aria cora.aaty SIM wR�m rc�wmw°ceu ,mu r, � h w ��i� w�L:wawA ww, Ircx xY.l Fes: Nnr Mr s»�vlAroxv 9i U r[uaM:iR RN LIdt M`�v(in NYNSA1tl lDt . . Nn Mrtlt Yes bkY•` Dxl4rn 2 sr�L lc a>.¢D x aD..F4 K saNr'xnN na xO[x mum �� r�� rxnnr: n uw_z ,o ry Irw_•Da orxi( Dn •n ztevm [oe mares aV`r0'eiWrca e[r¢rit�iuxrr!�'a o -c autvL sw ,rF xLm, nnlMFe a wl. uxNpf N(JtE OrtLYY1lh65 ill+d'm OMfMrY ev m (ro Dnx tvn['Dxq s>not1SfNwi �xn'.sa�n Lcae°wti' m[ x• M. "ri,s`a isr•�'swu' MuttNwAr m[ i;Ins- 1-1, s ss IYSr. «NaCl Nl0'xNdCt w(i uOr rrxxrr.(sv (nmms N 1. NIGe+CIF L[Nu;[ ..•.. IP cVXD [•K !OnwU t'. L {°ata; aXn xaaSl - S u uat - w. wD wLexnA L[AxNF:w vxJSsl nia;an2af61T'"rar La'wr`E�-x•..,m �a _. �"_ .vc v+xt «.r cr ,narr (urx s�tur u�o � ,n°`Fravi n.�� TD°`Fi urwis�ra•inn 1:1. c=wy SEWXII'' coiLECTICN syswm ,O:xtm NC Pr[ [ ) sxrL D[ Caa amx ua.t• Nnw ��wxn/Asts_ti. wc,w'v°OnxiYlwnr w°°io°rncloocox[-aw+°am•--c«mo.wicrce irN'x`sst° ->.er/eWlsr.«. w w_sr �maiW, x(Nuv'w'H: ,wOmf 3 cwp an (c�iws10 ar Nxwa: sv: r n x�Dwm° ssm ei"r' ma n aw ,ete ra tm'aLn: lrlxut n e. iM1rtl#Hsi. KTtamxrxxr ,. �� °� p� �M ei�r°xm mfx.rJ-wan tsex. aL Npa,Lo muA. ro ..%r OXY, a ixe Ix[w No exnzwF a t� ND rlrnXryr rA: r r.a 3 ✓n4?wrx rim°w Lxtk Iaw%.'//w,u (ayvn;S . sx r(>< xnr � n ETUr! y rdq d' (xvl. wL avnmunx nmi rq/Mn• w=rPf-1 VRIrc O)Y. axJ SWLL e[ wvI a»or rn mx cues waarD( NwnDw: e. xe emn»sc Nn a n¢ xwn[ xr —T,2rx rxD cros I� # ) or t. gRmY rw�Mxx,wntc <WnNG CY eie.- PxF. ons:OF et utH waxc:l P[A';Si[5 Dnv o's rpr fn w:s. vc) 0' (xF vxF MCI[�0n � �u nx.kl Y IMFN i>wrwDxaAP�xivO� enarmx•. J'FSyM1(_ (°Ocmas oma TME'RDFMA&Iidx4tOce'. maw • rm`V'ZXr i`ix rAw•.ngr "eA'F.: .. - •. oSnrnrrx sxu_ a rvyparo N DiMYW) ♦nYM tu'aao[r"nx i • a faChw vuc axx.m arci+�tV�/Nxmra� xa ow � I�: ve v"�°Y°pnLyrsfwvs�.V2m :um nif crss >„u,. AF INw A �aa xAnK�D A: wwM. —w e. rnx. r r. x u 4 p3 �rNiM°�mwerirE�PCO• YN ntx o- a[asn m r°a os earsr n M ` GENERAL NOTES SILIET ave. C-5 IX. WE'T N'Fi: MOUNTCO WASTEVlATM PWPING STATION FlYNKx>It W.Ln, WrJW'd C<I �w•ul'NCPWTmA racim,-# an innxy zmPN d"WOyNn014 G. _ ir"�maiWNiic rwu�iEWPu'Ix� SISI w t4u;,rcG[>"iPRo� Ixnc�Mrs�'TLa Z.OLr%s , • ¢ Pwt NmD,MD e54u ex[ ex!PiLLroirl$ si fIFNN M .zaA Etvwu`x, rKrcd_p.'=yi,'eNimeNY\a151 - rxlM wnL I¢un[ Ew.•nx,;+L. aw!-cpx�rt. uoNrt wpxA. : r me N>r. >rm _ u_ Ixtewa K.xrAp=P. M �i1N�ct.'tipuxm µo i>e ��Ews'a�xw .4ara vi0m'a: { R a:."vxIWwvl IL u s14>tiDH Oi T "IRC`M xWES wa wx'3'Kii¢' vm. M Y�IPStrEVon PwwsCi s xwstxt4fix�r-1.1 1 �uoa'>4 t'RiE. erne lev zN[rsuz+ a"D F .�xi,&r"� oxp zap"':stn WUI>miFYi,S�Fiw � ii �urub�w i�ilWKi_V rcywsµ,s ow LxG��tixF ¢pues z4 �nMirmaC�,y Dw r w int' p'raCN'1. FE Yanek�v i4l5�t�'YSnO P°IIiLVICtCx a >x. 3a�vn ¢Menai+ m s''mvu�4iz r r. ftA6. xlm: wwl�'t».t`' Ix"iEii`ot'c,'Iawxw o'+m°•'Ye e.. iz.., "d` -f fz leve A. lu."va4 xAexia. un wn wv¢ a. 1 MYSµK�M��5 4 JUSxG rAMUG Sr:i EN.Y � _ uixf.IJiS)-P-PdS � roEINV-� :NS ¢ SUA VYx4m ndt[ nrlan--ll Xloniamnl°I rvo >v mm I tol xx+nmPlrs E Y'iLEWiLP�e .L1�iorei 6v IYv anw>� x uulF nl¢ eu ntL6�w s�sx° - �'o uivuse`�°aJP �'� ivTM•:lsN mx4 -- - aE NI uvc rex Ex! rtew � wuM�ufEF[M �lnrt'a� DDi n�C wiM rxVR n - LLw fPN mnrx•"ui cnalloeaLsuuixr o ei'rau` n,xax`Tu'' oi5u'w+m - ¢ pu mtJtrcx slE �u catx ul a•vn �`fsr nt rx!'ruur KKL µGSVitu �cF ExECFINewU7 �x �Nq �vumGm.NW mvwu°— o�rcm:�°lifcs L nc xtvrvlo a1IL m'I19xNxn F%NM .101— _ z �Mxa>xE1�4v�L dtrtn +W.I fK YEOErtn' Sr1114 5lxlc'✓.nu M'o w1 rx weeeN Swi PtNP[ foN MT mBrsBnuu Iwo n6euvasv Dr Mtmxo rtnAt X. CARTNWORN ANO C%PACTIGN . A Y KWML` M Epp Spx W W. EL aµcq P.� uy yyp ry ¢ 54>ON. )xt wnw Peuur wax <n waNr AxvrANxx'Pls prxnln! ax� oro µ4 OmIX Nvnwx, huW M'¢x nEgi z¢E n >xi.Es -.xEn sxu eE tt rxxxuzm M .wxzD a -I¢ ra m� lij [I+'ryr e�r5i i �nEr ur nc rvnxa XI. STORM ORMAOL +t new VfU:t?zL a M flSWFUN vx,PSYA a m afxt za N.vmrxx ucvG>iwaD Ix x¢ m u Pzw. m I"'"nr'4x°Y am mn, wv+AAwur +-V='o+ evua�WuM�risrm. eal�W�i°Ikcaxvvrm nriiu'.�.Wx4 l�wwT�i.)..IMsl±nrt'41w�-u - .x AM, 0 4-�,� •t PDIAK,tP ro Dtt a +: aw,x,x �r ,-.xucx ui � �„ anGn xx.,.P.x xm.�fx .PL, +m.eP w I.me xD, ro LARN Suu1 xpnrc wL lee4 4'[a CG1TgoL PmUtzr lrouslM.x Eailis ¢wx !P All. STORD DRAINAGE M#E-TRITATMENT/EXPII-TWNON SYSTEM gPISN. rMr fx<WI�IEMO�VI�M TMNL A:i4PM d1+Wlll Owa �M. slaal [E smafn ib PMm M M�E�mE� �.¢ _ _Nv! La � peMClPros neoov teevxD My vpE Esrc�IT rml� �at�P�m lS�.rcYro)IIF IgnNKF STWCWiE. MaxxrlEu ret s — To —In raxl mt nm.a: m mUMI GI "'At" TP KGp¢u XIII. GPAVING �i•.xtEa+.xwwo wnm' Pvu °F rnxNEm6 wxx to mE eAn6nWE-xt'i pr tv miuw I' a.Llt.wo wt¢, Jo pLvs - ]. COMNtuc'IM't Otl%zlwOwfl'C1E�pR GN4c[D M cpx5lRfGKx' SMAS K pxrcrtAT 96tpfA rt m[. c. axxltrep m wmxD pA,nc+.;. E¢ LNfilxe TJ¢ r rpf flWa nE to PYT lwL•KS mxday EaP6 w mFvxs. tr5ue>P pc roa uuE�a, 5lfc ce..mLa¢awro{w� � ! -W Y iuK NR�M�tSF turM•Nip-5. vxa;p vc W:SiwK. mvr: 'GAIL �t'� milET[ xrS lu�u.'S zpxxli6. Bf � .RL+f➢�6f N�f)�. wr%I4RL[[x'd T'0 'N �'. _ Mtwi r`van i'xW'�'t mlLTs mrriroriG ME:q AV npl�'ivN¢SIYi cU J. Y Nlt lwYu I-!Gt cWt W.c ME+IA.D], sFocw-. r apDc oa`M a u.:tiAv°!ix �z.Ero .' :65:1af w a auDr mrE umr. �N�D%MS ,,z v¢t¢dIWVC:IAW tf%.MmL #• rw..A Mc Mo s�iwl [ CaWuE to rz �cN Yml>N f' 4T15. rls:s aeENA NaW n• �9/WL Y t xXEaW WxOf�m � nF Ian. S¢ssNluw Md, RCroI .» n5 G¢crto ¢ ne mNx elDllnC m f -00.r. YI)tEJq KxF�+ A¢Laft„� uxxLntWfn Nei >aVIiW rc NK�r� . 6+MWiA. NA/pi nl� ary ar�arciMv NFU w SNW: w zxiW m 1. vh neN PP.1. xE�xD°n�i"PUT. yWIL mPI—. X:oNmaoG r L[ro[n'�E YIOmtF�NFH4 °i FicYGivir'�u.' Wl T�»I¢��NC�jlg11(111 rMUx::0 XM. SIGNING AND k4IWI4G ni d�4x�lz' 1NITC fnW iao++s'gr'xx�M�¢eCPu A.ahNE"MENT/GROUTING OF EXISTING AIPING rynu'f¢ :o V. `nvAWx[4 TAOMN• Ix ttu[ 3xxi rtr. wRs �Lxttnm ,Alx t ,'1115° r nuWC• rvW Yxi�) W NYGr ka tt .rte ✓ inF Pu.C°6C tM nn _ B¢ xV•^� xt > [tl4Mnu 4zr'IS[iNArylwmaef rt5 rr5 ST,tGS VFK'fm Of PtFKx Yli. a Pe vx 5 KI'xfz DNJ,fr. ro rr2s.YAro¢ xu :n�vi.WikbuiD txmrls. uwz ID aro,uv- [5 CKSW4°YIC>--ttf✓yr'IwVOSC 'Mo mmraM a �SvbWt�n Ox MYJ.fi.D 4#FlKlfix re r u . I mtxz. va pr upixutTs mulac us G%wTzrzc l'# TTxAt uWwv) wwe xv_vAn[ c. PPuftL cw,rN, t lyp. A¢ t. wL[ EtMmlc ¢Kfvexr fYtw'F En RE Metl>Lee CPllpy YFJJO 49n Yetn4 omniivaus °iax� ¢ Or is W sA rVun45 o- x rtx Pvtnx iK trcy.c axc.,m nwEL l.t. to vR a, w x S��R K:.wT wtwa xm W �m.D rtlFKwn ar�au6 ¢u�alurxxaunn¢vx ;wc uuuls vsE TY xlhyf[wtPDxi sMW.G t BLLCIq')pyL E�xGr'4g16, E¢I�14 .A �. ° - ” r i Huai CM/ALT' F 1K p.WiO�£W YCeft °iW.' �txD.z'f. of f011ul[. tPNiP.OPSIK TP x 0.apWf Dm r i a in P IW!<rgv a n sunm. • a u bCH SFSpGI a npL4x[ IS —D fu'u%zrD Kms xPn f14u ri &GU'.:. I. xG[S ou tplEz g'NA strvwrox. A yryrom yxEas xie [�DrcwPlx�er�x¢ in wrtxlMxw�x vwruni IeeEtuo twmMorwau • unwtscx'��eusv mem :Nns m� xxx wmi I[ . nvw la _ e"�b�4iD'wsi e' [Goem opu ON w_PiyrWLt pwtu'm ♦ unwu cuK'�, 1% 1 zn=T �'x`� `� E�:14Mm"5':Ln"E:n U. KxIIWx Ep�4 N.s u ;.m awL t; xwMANm p nx=Mtr tr m uzs vEcs x 5 xpr :pcso.F .c xm).xo-romNxRUMm, M»wrex. rxs wtu w.x v65E bt :wn a /.>�n exzm,xtax ax ew uxmsU� uT nr. romcu F yr bma xxlxtt KSAMaro uum^n A� . bTw�r a rn'rrafs x wsautt NpMi.k.R.atuuE s4 cloi wNbv Wfl� wExi¢ a (A �vp ¢.ywW.� rnv aasgs.[.uur awrx un ni tL.rW Wµt ry nEu GENERALNOTES RELOCATE F.H. m.. ASSEMBLY nxXxxTr>; L.4wrTxx "—�-'"'--'��"P•YA :';"... ... S.E 3P ' 4IA �—� Iw �41Niffi A 18 ( , Pw M .f+w'-� •,� i". : ifii. e. LUIIBYY j ry 4- D.D.G. BACKFLOW I Y' PREVET•ITOR ASSEMBLY vcuislslinlmEY &MNIESE CONNECTION y, TYP FIRESERVICE) ' Tn wiu i ..i. •-d Fi::i •[ '§'cul"' � { } e e �! cwToasnslN a- HIM 1316 �._ 1LYX ELotS.OD 1NV.P1=12 y W.P!!9'6 r Ow BEND 111 LF-fYXOPE SLEEVE E C. , . rrorvrnwduTV Lure �vlrx 6"WTAPPING SLEEVE +I •--_ _ _-$WITH 4- D D C (NOT TO SCALE) '¢t Ab. fnv y 15 Inc +sftWG -- SERVICE d4HDP LEGEND: H� CONNECT RODp f OQulEdti, �� DkwINA aE INTO M I Y � _I � � MnNMOLE Cpp•pIIICSCAL.E� U fj�rS.E. 3RD AVENUE nee 32d 'LM'CUOI ri11NE,41'Bt iTaacnnuV Y_ mt+u%a /H NM-F-wnr CLC ds SeL't«at GW+ICTF elDCX smn.�tulx O i g c S CPP LT9 — L - tµ':X1 dT Cd— v lDAMl E-1 IAI EL=fG,00 C3 CONNECT Hoath D—GE INTO gNHOLE 1K✓. EL: 120gN„ WPRB•e rt�tf�18'�DPEI t { I nw 6"WTAPPING SLEEVE +I •--_ _ _-$WITH 4- D D C (NOT TO SCALE) SERVICE LEGEND: H� f cot E -I 2 . RELOCATE F.H. Eumlace4NLlw�roi,e •-• Cpp•pIIICSCAL.E� U fj�rS.E. 3RD AVENUE nee 32d 'LM'CUOI ri11NE,41'Bt iTaacnnuV Y_ mt+u%a <ONc; Y�1.K 0 Ti CwTLX &18W�' ;D _ itlM EL e18.00 -1 ITrv. EL-lzugc) NOTE: CONTRACTOR TO FIELD VERIFYEXACT LOCATION, SIZE, AND DEPTH OF ALL EXISTING UTLITIESATTIME OF CONSTRUCT ION AND REPORT I b _ 4 DISCREPANCIES TO PILLAR CphISULTANTS, INC. .._. t.._. — .. _ __ — ...... .._ tuAMTaitAia-_ __ _ _. OTE: ANY TREES OR SHRUBS PLACED WITHIN WATER, ____.......... _......i,:,._.-_._.x.,� � SEWER OR DRAINAGE EASEMENTS, THEY SHALL (CONFORM TO THE CITY OF DELRAY BEACH STANDARD DETAILS; LD 1.1 & LD 2,2,.,••— �--I0 SE. IST WOO 1 �tll SE NA SIXFkT �. S U LOCATION MAP (NOT TO SCALE) LEGEND: H� 0. r omDtn vxwav E -I 2 . ,D w Door venE DTnJ4 9eCCgOS eDOx U /H NM-F-wnr CLC ds SeL't«at GW+ICTF elDCX smn.�tulx O i g c S CPP LT9 — L - tµ':X1 dT Cd— v �4 ri a nHE xouvrs w¢ rk x IR ,¢,TE d .^a, a O EI wu'r� scwex N=H.wle G�iTlf WS�x � X."%� - 1HHIPD5E0 J£WTDx itw J9LcwN ( 0• fir b � 3 14, V 1 E x6 � s W- g PATE 9/ZQ/7Z ' 1 tM�l Gi COMPOSITE PLAN-- ixla4 GRADAIC SCALE (atrml t I Y �xr'�is�c°nan fl? I! i. JND Mme.„_ nalLUnaN/fIIOH�aN cgilnOL IMM (119- it II' l EROSION CONTROL PIAN I 1201GA BJ! r Wi uyl�.�lvlF �� eFiyn ! . x At aiFs f I �. `x�ITMIs GFA: xL* FCIFR AF6R I,SBY a,w i. 'RKid ,7 PiuP9 FMBs:.Saii PBprt aJ i W W. rIB APNaPi�u`rmv i' m,e rznFr °'oi n"i `.i._�"icld:oiic ¢��'t' " ern` irs MraN'i xGo- �li u�POJaV;a1l1G5112 rxllcsu H�q ,='o q �,,.. w' H otP 9 ARiO, ��Iwix at�e've tiro Wk Alt\ MTti Eiw& p Gyp m`:`F-ixArl 0"F,in izani'co ro u . rn<i. �� w �: ilnP :. l¢,Ffan 4 A ali rum A:nu Nsi L�nim Be Ways (00 Gli. F uxurn IJ:ICRO A WAu"CNd iD rrn IB b 1 anxl BiNF,IICASn4 M U JI mlkPf i MF! ?U"iGMfel fiIXL P031 yfAtl'ti4 M Yi�iM FLr ry.0 U} nas CO pl w11P Aral irtWn B' jni P.7 un, mi wpirA rnAiwo uo� aF mcx rx w,awn. S 0R,1 T.ANBAFB, S,FYICNroI PIFFP. aASAc'MyS� lx WBA u£N. flBniBF RxG: 9+011. S usWO a �'n�rv�+u - _ FAi lfrs: �i ixor`a uN�iwva,t�� r"4a ni 4Aa i:AkKxr B"I x (a W) wa O.u, }�..xrxc xNc ixFprr .0 I l YCM/ ABMT IIH P'SCFNni Fw.GaIV vxi>!s & MC 91X+Bpq MBB1N lILIFN Fd99i2 SUAI. S eIMIfL B0.10Ff0 10 Fx[ inc[. .�F N4oirsMx niL a rcllL Mw .>A I.a dF n_ moara cz (oi a ��F BBM PBSIS Al ��V_WNfiF 60iCK YAiIi IR LNBFIC HBiWk 1 I PO»s pw11i �jeg{� T9X] 91 T �Hff.S �3�y4aC?"fill e�`1N s �,B ff! I{Yka „r0.tNh4,.mP' EROSION CONTROL DETAILS SHEET No, ER -2 120104 rl a 'pl'c53 •, L 1 SCr1L@1i i6•=4'Lp` ®.elan ; I S.E.3RDAVENUE MEN -11 =NINE IN cr- A LU LL 0 U) i. r-a:a wo. wry LP -2 SCALE, VIV - 1--V i CL CL _a LU z M a OR. � 27J LP -3 SCALE Vf6"=,' 0" S 11 W_— PLANT L[3T -'- —�---`---._....,:-=----.._.._.,.___....._.._._._.._.._..------:..__...._.,__._._.._...:_...._u._._..._...:.. NOTES: Kole j .Dimught, aly-13owbat Name l COmmgR,Name �EpaNtlGalbne.. LANDSCAPE CALCULATIONS FORM GENERAL FLAKING REgUIREMENIS TREESIPALIM .. '. .Vi9iNah?rmu a mmMdmm zaaloueasn-eaG'seun. MULTIPLE FAMILY COMMERCIAL &INDUSTRIAL , ___....1._.._.._......-.'.,,,_.,,___.-.______.._.:__-__-____-_.__._......:._...............,...,...,._.. -�_t; ��_-ana[ya MYaF•r+reU,0. nrnpMa� asroM 6 a ca m,Imbaa!2�1Nra/n OF DELRAY BEACH CITY whvnR°I ua:onanxndrr;vtara .0 S tn¢bznMl[1xtW K:eM.2nNagan _ I (hy ' V e Ce•6n aab8tmm: Datgw Glxgnr ea6 FN G wn, 17 X64 7 xenyl. [; 'B Yad -•�,"' C :G.` .µi •�... V....._. JN GyaMMfres zury•IamfAtyO.e arl4.PJ- _ _lag Rem Grran.10'x5.@ , slogs drel9ntl.atler. __ .. _... dLd ONa. Nni ^• �'6e FaIC Gmwn 11 GT ftJ ss I �iL F ry Sn Jkar( ty. a¢s Li vxfi [ms. 3244405.E "MAC. A � • ?Ndn.Pemta #q r90 PNm �lM 11sa3Grt et a2 }� tope 5 V 6 PNcaGa aYhnsgwrd Dat Pm _ eau SleuG B T,t CI na fmn�a fescY ----'� � Y 7 :0.cfa�n,Y a2U,a Oaf ...............___.. NSGaI t% B SC 1 I tl 9 •ro _........ _ - p4 _ ,-� V_..i_ 6 : ,TIMIaK mMaa6/ 1(eX lMKfi Calm.__' ... ... 'pa9 F Itl G'mm 5 DA s Ib+f - — - -.. R lNl V ( e 5hlesa rscetzrFknW*%. OV Fa .. 1988 FWdG .aytOA 51 Ilaa/.. _ _.. -ACCENT$IS�F�UBST�}�$OHIfCUi!ERS-... .. ............ .. _..^^.•..•__. _'�..._ — r�{ 70,971 SF. 1.15K. 1--"- N e.,M1ttMap blaneMGYEInN C4pnga•t CaP!OM:pe VauAW ;964., aoeelnren,u elwwi AIR ai0,nnuroa:mfrrixi r t Dedal Rea 6ramelizE la'Oal,; Soxim_,aisnexn ..._--__ '; Attltr,Sn•T.IMWJGiant WNte 4ase RIZZ'5WH.4dcAt,1 . . _Y -__, 16 _SmraN Cev Wck 9vulQzrs 4arjlny Su<a._._..__......__.._.._....^3_Nx6YLx7H z_rstl 3+Na<Yti_<�•H,....._..-........_...._.... V,.A._ i' Y 21 :Gaia(k fr l •e'A'ral t atmak to T sq.Yst ......_.: C,.'S. IfoV ..140 .dual pales lSmJ t t v ._ _, . .7 Gel,. ae<OA .sown. ... •.,.. V.. 'prQ 118 �CNbaa mectp:zme'Emereid lllarcal'lUrx¢`GMsaa a :dtpee.we eempenbNw ntgwt CrnNaa .. ._. •. _3veP=IA'3F%_E':JG. .15 eat, t2ac•CA„asi:nae.-'•..... ....••. ••._.•... 1 xd :COdea,nn tidcr,�,('vm,PNm'(GOWa GYP V ,,...._... iaG&„as`OA, 3'OC. ' -.., 'pE6 a'4 ,.... V 68 ,DYnnN IRON MuunY/GelaanDx.Ma'_....__..__,.. _,._._.. .. _._-.5G '. t4"0A..2'OC.-._.__....._...-... _.._.__.._...... .. DB N to .aaneia tasmadcarsNbertr Fix u,_ ........_.___.._.___.____.__._ Sqw r m. r< h .EGL+ _ V ___594:Firm. miemeseFe. G,,;,en,,, hod plm5 :B GN, t&N'Qa�('^- I x00 Ilax wmtona'aC,111inps OwaRl Owm(ISK —u 3G@., IC f14 .ItmbeMe moans Bwe raesr: r,smi Gmddavw ... .V - 99, __.. Per...._.__..._._........._.__, a atN., 1a stt..20C. JF'.. �..;..,@".NwiA'a Rzg.NrimeJ•a•^�a._... :.... . i1ffGY-8TU __..—.- ............ ..... ..... ... .._... -'I • 'S :Nave<WasF:, .tY,i6P!:,Mr-3uzPacnP Brrmartl , :N NiYeubFie_aP._T_!�I!I�(1?sl!q B,rawl� 1G�170A. 2U`GC._._._.._.._......._..w•,.__._.__..._....._.i JJST V ,•Pod ,eia.ap. TawW fiNatl'/hsceQSahtl ia(Hx.10) AND ) G 130 PPascN'puannaOpFAYI,n;Y. Ptryp Deanr OubtlP�eatpist.----:9 Ga11817xA��'.I"A'TO 0''•. Win 2i PNP1N' �OtlaeaaM niavOs4tyIN5l POtlautpra :S GaL,efW DA,?OC., use ,. ..... !ae sw,axmM a,baioota vdlNNav rkdttsdtaaaa p_rsN_, rs'°M��.:_.._ ._. • J. Ben:re.pd'.µyt__'?l Oesed,Cas)I.n.... .........._. TGYyS R6lehi,iilM�f�......_._....... ........ ... .._......... ,08 : M NGsc'af n N7 GNC/ttaMK GON SatlKe PING SGafa 11•DA.7DO. _ 5 +-T-_ ._- v FA }gace6ena saibsrLiaHeeuw 9li � /V dkaaed 3rNF PIaLL" .• . ' �'-'•• • •-__.___._.._._______._ __ u � e6 Tamaaac hneaaa7Fk,taa Gary GMse 'a Q41.,2Mad"OA, 2:OC L I M < .Trarhe m�nm,vtlesMnday!04n:etleNln.Wsein. .3 GG..8d'Pw m, PBnlH as foam. �- w �• _, - -__- ....... ..... ._ --------- 1 ' A L TOFALIYT[RIpR SHADETREES4� M 6LC A ._I IFh m.erstR4NT f$1, ArxtlacNIIC �P01d66M11'_____ _ .. •ma..R>Qi EiIN�MI faMK__•_•.•Y^•-. •'.•-•. �•._ _ _................ SOi i ?516D ea0'1Iz'�' tl..-- L__._, Y 0 _._.._. AT'_.__'-nu�aaum>agsiiu......_...__.'____...._._.-....-_.-_-..._.__-,__--..._....,..•....__.....__.-.,._._..__.. �.• i ... V -__..._«.:Vary OMuIN1701Men:._.. ...._.;.,.L-._..._._..._........._....__... .... .... .... .. ......... ...: REQUIRED NATIVES NOTE 5D% OF ALL TREES REGLIRED TO BE NATIVE. ryuaaaraamec:lwa�smva rwavt.w.. 25% OF AL. SHRUBS d GROUND COVERS P, „•UIRED TO BE NATIVE. OiyufOauq &�a.a ,W adal..ax,eem. rob•. a;. A TDTALLoTAIF7A =Y �i�:` 34alaFat- - a¢s Li vxfi [ms. 3244405.E "MAC. S STRUOTUACS,PA(00NG,WALNWArS,auue +iiia Fent= ' Ipkmis ETC, aquavBx,w. amaccwand,N dennna tNtrcds»'. W,IequdrCaxnaeob63dexartici ax54Wcetr Nenmr 78,4138.R LSAC. _ C C•(A-S) i.&Icae Fl#.m ITOTALPERV.O'JSW2EAm atlmbru aesonxvawan. Atxra tnnra'•,emY+tiixuxapc. 9GueltarmaWY:ott.tiNXanaN{eeenrk nabN: N;a6eFwea41 70,971 SF. 1.15K. D AREAOFSHRUBSAND GROUND Da(Cx.30( squxlefeet- ODYERS REQUIRED rnd::rerN'+zmtbetl NbF.sa,CP::aAarc lNtic{aloirwo.nm! .2,3525 S.F. E j,OF SHRUBS AND CROUID Sq -Rd= ,AREA 'CDVERSPROVIDED lalalan mdat a e mNm,mdunNNnea.;mgxldo,.•w,.Nea 7942S.F, . F NATIVE vEGEEATION REQUIRED .. --_ Fe(D i[.25) Squm Feote ' frau pemNM, uca<rmrlaaeasntaaar+x+aa�a4a:NvmNs 588.15SF. G Nur EVEGETATIONPROVIDED Sqw r m. 6L0•S,F.' R TDIALFAVEDIVEKICULARL18tAREA "Sgcalc Fc'= 10SF - I TOTAL INTERIOR. uv1DSACPE AREA ia(Hx.10) .8%,reFee, - REQUIRED OSE J e OTAL INTERIOR tANDSICPEAREq -- Sq:Me P..! PROVIDED 0 SF R TOTAL I•NTEPJIAP.SK40E TREES k.(11125SF.) TREES- gE{]U!RF.D A L TOFALIYT[RIpR SHADETREES4� M _,._..,^�.. �..� TREES= . PROVIDED 0 M TOTALUrIcWEETSURROUNDING �.• UXEAR FEET— PARKING OR VEHICUTARUSE AREAS • 1,300 Non R.-128 Ras. N TOTAL NUMBER CF PCRIML•:E.R N=; M130 ), N={Bl2c)4' TRBES=48 TREES REQUIRED �ryranvtNpapMyaletiie'stialuro tsnlxl Rat-5Res. D TaTila NUMBER OF PERIMEFiT _-- TREES= (TREES PROVIDED SOY P jTOTALNUf8ER0FEWnNGTREE' TREES= TDBESAVEDCNSII'E 0 Q TOTALNUMSEROFNATNEIiREES _ Q+((KYN)x S0) TREES•^ ' RECIJIRED 24 R TOTAL NUAISER OF NATIVETREES �— 7pmm. PROVIDED 30 $ TOTAL NUMBER OF TREES ON PLAN TREES• PROVIDED ' 94 IIaIXtm+x'a4M•hdb/paT+Yct{emrrsao.'S.BNFoic 11 a' 1 [ =Y �i�:` teT�asasvfsnetlO.•Gra4satl&aMaasbFvdalN'SryP:'Y�Y aM 'GmdnaM:Ir:dagstr Fx�Htvylnet Mvmtrntsrtrirsblitl i u ? } q T a¢s Li vxfi [ms. I a • . � • Nlaertnuneasr<waar atlM4 rhNarwK,dtxa• +iiia cstatlor7emmemrto+aaa MI nad Fam•t�'m„rN. +]e aquavBx,w. amaccwand,N dennna tNtrcds»'. W,IequdrCaxnaeob63dexartici ax54Wcetr Nenmr 1..•, .'•:aa" ��"* aaf fsmroWawY.e. �'ag - u mnrmwaee aaN eNsauaeNNNaLN aNs NNt rfro Fa,tre a%La atlmbru aesonxvawan. Atxra tnnra'•,emY+tiixuxapc. 9GueltarmaWY:ott.tiNXanaN{eeenrk nabN: N;a6eFwea41 -- dwmiuefeaaRtC4'•JmTKaL,1,i • *�r:NN<an+Japv,resasysysawxnNmboaamlrcarroaN _.y�. &,cN-�r rnd::rerN'+zmtbetl NbF.sa,CP::aAarc lNtic{aloirwo.nm! =vaubwwr Parh. AI Wte,P,lnas9;a Es0anttdwW3a1(GNReNa'sY.3n1Y.d4un lalalan mdat a e mNm,mdunNNnea.;mgxldo,.•w,.Nea w'PmssbaktNMansrdbcnced AlYhn'mnlei0tdmlt Nax�NwluMNdilrte DOcna4roary frau pemNM, uca<rmrlaaeasntaaar+x+aa�a4a:NvmNs ykN gal N L>h w6h W. vmsn ty y, Vle. A1bC®wanalanrreazfhJlhinalaib/afugauL '::stnJrtay% ,apls9:ePra miswawrrmailwseesNNs. asr e,smlm alfaled L^ ite3 on n y N x•,as'sm::nm h•M!aam eM Mvwax S,dnb ava,Gar.ahawa'utOz¢. EaneydamafelMhalalai.Mha 2h Nn>rarW meGlryo'mz bMr{aa dntrgN9lNwe A:a:ef rsw �m,yan�azaHasa, .la�ss,y hs hras#waaarry ar �m waaeaaerrw,ai: antvaamrq,latra.'uarsaevaarammrxnaw:lw,+al wNdy NlrtaTk:rs�vWl>u+mMrars.IMlnlinMok+naaanit nWJlmybwae(xar NaanY4prenam Van4es<anJW Ms Iwl tllsGxwyi. s:paMtrw:sl mtllubsaxovainh,;tna,,It+mtu�saac,�.Nvae xa roniLYREttaiblifyf,�•pn'tKeitttroCJ4a'atltmeNsln inma IMJ(gxti0. sri NtenUcgun stalmaemmrm'aa-nlyu rxnaasrNr$ swmchsu. 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IISMI'x NClNpreNtyd Ih I,aMS�pta>eM:bidudnN Nstid, W repardanY®aaii<nnayk hlNXdtron Nek,tsagakNlblMa4efi'ac. , Al prOhibaea>periec uiell be eudo;m lwnfha Nte _ 9W uM IMpyOn nball bx wmdoO witlin rhe pnpmea a��'•' "�' YOUtAAYDEDUCT THE WIDTH OF ALL ACCESSWAYS AND THE LENGTH OF ANY Ita�remrV,e dvno-er+aay aalxummthearccetty ono. ell lenAVEHICUTAR USE AREA IS SCREENED PER �p nlY RAETERIANDSOAPE SYRIP(S)WHERE: namac.a o„n5x am'me at wsi:a m};,tchez In BY INTERVENING BUILDINGS AND CANNOT BE SEEN FROM THE RIGHT-OFZ1.'P .01011,�iaaa emt,ac decap< W6W6ars OR ADJ Pvr 6etxoen all lx�rSped x,eea (hat sae t+'It t _ stat ACENT PR OP ERTI 7:A5 , E3 . :ye- w,,,•,,, ,�arnrn ro slannr ue vaso e•Is�cn w,ts,g rn •a C ,�.4•^r•-.� V r -;"' I { I AMtrnwS Ntlwtathet ae plawo.Atbt wear. sneNtxrw J gtlr51na8ecaeG'wafd a*W.14. lOmtta.Pe P� MIK_5: y ro' i N61asy � _ , �'� G,nl'i a4fo'tl Cows FWSNg Oaatl Clly Of Delray eetnOh ahndattl tlaalN, Yee Am l q[ckc i x'�;;�;•r..A�:v:.s�ersr.:.: � ,rGs'xax��r----'_•••` _ 't8 yam, .m am aammfan wmarorlNs nhenl. 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JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.B1 - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 WAIVER REQUEST/SOFA BUILDING #1 ITEM BEFORE COMMISSION Consideration of a waiver request to LDR Section 4.7.9(I) to allow an increase in the percentage of one bedroom units in the project to exceed the 30% maximum allowed (56.41% proposed). The waiver request is associated with the South of Atlantic (SOFA) Building #l, a 117 -unit multi -family residential rental development located on the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street. BACKGROUND The development proposal comprises a 1.88 acre site which combines four (4) separate parcels located on the east side of SE 3rd Avenue, between SE 1 st Street and SE 2nd Street and is bordered to the west by an existing north -south 16' alley. As the project is seeking an increase in density over 30 units per acre, it is subject to family workforce housing Article 4.7. Specifically, LDR Section 4.7.9(i) requires that the total number of one bedroom (IBR) units shall not exceed 30% of the total number of all units for any qualifying project. There are a total of 117 units proposed consisting of 13 efficiencies (I I%), 53 one -bedroom (45%) and 51 two-bedroom units (44%). The maximum allowed number of efficiencies and one -bedroom units is 30% (i.e. 35 units). The applicant proposes a combined total of 56.41% efficiencies and one bedroom (IBR) units (i.e. 66 total units) which exceed the maximum allowance by 26% (i.e. 31 units), thus a waiver is requested. The subject waiver to the maximum 30% one bedroom unit mix is being considered concurrently with the Conditional Use request to allow the increased density. On November 19, 2012, the Planning & Zoning Board considered both the Conditional Use request and the associated waiver and recommended approval of both on a 5-0 vote. WAIVER ANALYSIS Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 56.41%. The applicant has submitted the following statement to support the waiver. "The project includes 53 one -bedroom units and 13 efficiency units, for a total of 66 units that are considered one bedroom. Although the number of efficiency and one -bedroom units exceeds the above referenced provision, the program for this project is to provide attainable housing units to serve single persons or young couples or families who cannot yet afford to purchase a unit but desire to live and work in a vibrant downtown area like Delray Beach. Providing a greater number of efficiency units will best serve the target market. Approval of this waiver will allow for development that will provide attainable rental apartments in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City. " Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The SOFA Delray Building #1 project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. While this may be appropriate for a downtown residential development, the shifting of the market as a result of the downturn of the economy has forced a high number of foreclosures in the housing market decreasing in turn the home ownership index and thereby generating an increase in the demand for rental housing.While rental housing is in high demand, many displaced families previously owned two (2), three (3) or four (4) bedroom homes. These families are now seeking affordable housing solutions for their families which will need to accommodate a four to six person household with children. The proposed project could do better to accommodate this new market demand. Assuming that the rental agent for the project will control the number of tenants allowed in individual units based on the number of bedrooms, problems that sometimes result from overcrowding (i.e. crime, vandalism and congestion) should not be a concern. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. The issue here is related to the City's goal to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one - bedroom units allowed in projects under this program. While some leeway is possible, given the project's downtown location, staff is not inclined to support a one -bedroom unit mix above 50% in the CBD. Since no other projects have been approved above this level, approving this waiver would result in the grant of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could not be made. Therefore, staff suggests that the Sofa Building #1 project be redesigned to include no more than 50% one -bedroom units. Since similar residential developments in the CBD have had staff support for up to a maximum of 50% one bedroom unit mix, granting of the waiver at this level would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could then be made. REVIEW BY OTHERS At its meeting of November 19, 2012, in conjunction with its review of the conditional use request for a density increase, the Planning and Zoning Board reviewed the waiver request to allow one bedroom units in excess of the 30% maximum for SOFA Building #1. After a brief discussion, the Board moved a recommendation of approval for the the conditional use for increased density at 62.2 units per acre and the waiver request for an increase in the percentage of one bedroom units to 56.41% one bedroom units by a unanimous vote of 5-0. A detailed description and analysis of the proposal is contained within the attached Planning & Zoning Board Staff Report of November 19, 2012. RECOMMENDATION Waiver: Move denial of the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 56.41%, due to a failure to make positive findings with respect to LDR Section 2.4.5(E). Alternative Waiver Recommended by Staff Move approvalof the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to a maximum of 50%, based upon positive findings with respect to LDR Section 2.4.5(E). IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST ASSOCIATED WITH SOFA BUILDING #1 1. This waiver request to permit an increase in the percentage of one bedroom units to exceed the 30% maximum allowed (56.41% proposed) associated with SOFA Building #1, located on the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street came before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request to permit an increase in the percentage of one bedroom units associated with SOFA Building #1. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. 1. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to Permit an Increase in the Percentage of One Bedroom Units Allowed: Pursuant to LDR Section 4.7.9(1), the total number of one bedroom (1 BR) units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units from the maximum allowed 30% to 56.41 %. Does the waiver request to increase the maximum allowed number of one bedroom (1 BR) units meet all the requirements of 2.4.7(B)(5)? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request to LDR Section 4.7.9(1). 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11th day of December, 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk K Nelson S. McDuffie, Mayor PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: November 19, 2012 ITEM: Conditional Use request to allow construction of a 117 -unit multi -family residential development on a 1.88 acre site with a density in excess of 30 Units Per Acre (62 du/ac Proposed) within the Central Business District (CBD), for Sofa Building #1. GENERAL DATA: Agent ................................. Henry Handler, Weiss, Handler & Cornwell P.A. Applicant ............................ Related Development LLC Owner(s).......................... 2204 S Christopher Columbus Blvd LP; 155 & 189 SE 3rd Ave LLC Location .................................. On the east side of SE 3rd Avenue, between SE 1St Street and SE 2nd Street Property Size .......................... 1.88 Acres Current FLUM................... Central Core (CC) Current Zoning .................... Central Business District (CBD) Adjacent Zoning.......... North: Central Business District (CBD) South: Multiple Family Residential (RM) East: Central Business District (CBD) West: Central Business District (CBD) Existing Land Use ................... Commercial & Office Uses (to be demolished) Proposed Land Use ............... Multi -family Residential Water Service ................... Sewer Service .................... Existing on site via an existing six inch (6") water main within S.E, 3rd Avenue right-of-way. Existing on site via an existing eight inch (8") sanitary sewer main within SE 3rd Avenue or 16' east alley right-of-way. ................... Mil...._ ........:..... liq The action before the Board is making a recommendation to the City Commission on the following request for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ❑ To allow a residential density in excess of 30 dwelling units per acre on property located south of N.E. 2nd Street and north of S.E. 2nd Street in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). The request is associated with a proposed 117 -unit residential development located on the east side of SE 3rd Avenue, between SE 1st Street and SE 2nd Street. BOB ............... _. z ...... -.:.. ,- AN The development proposal comprises a 1.88 acre site which combines four (4) separate parcels located on the east side of SE 3rd Avenue, between SE 1st Street and SE 2nd Street and bordered on the west by an existing north -south 16' alley. The northernmost property (310 SE 1st Street) is 0.48 acres and contains a 10,528 sq. ft. office building which was constructed in 1950. The property immediately to the south is 0.30 acres and contains an existing parking lot also constructed in 1950 in conjunction with the offices at 310 SE 1st Street. The parking lot parcel is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle and the use of 5 parking spaces to the property east of the alley (120 SE 4th Avenue). The property to the south of the parking lot (155 SE 3`d Avenue) is 0.42 acres and contains a 5,082 sq, ft. office building constructed in 2000. On February 2, 2000, the Site Plan Review and Appearance Board (SPRAB) approved a Class V Site Plan for "3rd Avenue Offices" for construction of the existing facility. The southernmost parcel (189 SE 3`d Avenue) is located at the northeast corner of SE 3`d Avenue and SE 2nd Street. The 0.68 acre site contains a 9,225 sq. ft. office building which was constructed in 1974. A conditional use application has been submitted to construct a 117 -unit residential development on the combined 1.88 acre site. The proposed density of 62.23 units per acre exceeds the maximum thirty (30) units per acre allowed as a permitted use in the Central Core area of the CBD. Densities over 30 units per acre require conditional use approval. This conditional use request is now before the Board for consideration. The development proposal incorporates the following: ❑ Construction of a one hundred seventeen (117) unit, four (4) story multi -family residential building with a two hundred one (201) space parking garage on the ground level. ❑ Installation of a loading area on the south side of the property in the right-of-way of SE 2nd Street. ❑ Installation of five foot (5) wide concrete sidewalks along SE 3`d Avenue and SE 1st Street. ❑ Installation of associated on-site landscaping and landscape nodes in the adjacent rights-of- way. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 Based on the review of the preliminary site plan submitted, the development proposal also includes the following seven (7) waiver requests: 1. A waiver to LDR Section 4.7.9(i) which requires that the total number of one bedroom (1 BR) units shall not exceed 30% of the total number of all units for the project. The applicant proposes a total of 56% one bedroom (1 BR) units which exceeds the maximum allowance by 26%, thus a waiver is requested. 2. A waiver to LDR Section 4.4.13(F)(4)(c)(2) which requires that from a height of twenty-five feet (25') to forty-eight feet (48'), the required building frontage has to be setback at a fifteen foot (15') minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1St Street and SE 2nd Street which is 22.17' less than the minimum requirement, thus a waiver is requested. 3. A waiver to LDR Section 4.6.9(D)(3)(c)(1) which requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement, thus a waiver is requested. 4. A waiver to LDR Section 6.1.3(B)(1)(f) which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8'� wide. The applicant has proposed a five foot (5') sidewalk along SE 3rd Avenue, SE 15 Street and SE 2nd Street, which is three feet (3') less than the minimum requirement, thus a waiver is requested. 5. A waiver to LDR Section 4.6.18(B)(14)(iv)(2) which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1St Street and 13.6% transparency along SE 2nd Street which is less than the minimum requirement, thus a waiver is requested. 6. A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement, thus a waiver is requested. 7. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses, thus a waiver is requested. Waiver # 1 will be considered with this Conditional Use application and approved concurrently by the City Commission with the Conditional Use. The remaining 6 waivers, which are site plan related, will be considered by SPRAB during Site Plan review. A recommendation by SPRAB will then be forwarded to the City Commission for final action. .. CONDITIONAL ;EJSE.ANALYSIS" REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or Planning and Zoning Board Staff Report: Meeting of !November 19, 2012 Conditional Use Request for Sofa Buildina #1 minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units at a density over 30 units per acre are permitted through the conditional use approval process, subject to substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards, thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy (CO). These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground level of the parking garage that will connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage. However, the Engineering Department does have preliminary engineering technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made, subject to satisfaction of all preliminary engineering technical comments during the subsequent site plan approval process. Parks and Open Space: The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build -out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit. A total fee of $58,500.00 will be required of this development for parks and recreation purposes, prior to building permit issuance. Solid Waste: The existing 24,835 sq. ft. of offices generate a total of 65.57 tons of solid waste per year (24,285 sq. ft. x 5.4 lbs. = 65.57 tons). The proposed 117 dwelling units will generate a total of 60.84 tons of solid waste per year (117 units x 0.52 tons = 60.84 tons). Therefore, there will be a net reduction of 4.73 tons per year with the proposed redevelopment of the site. The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes. However, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement has been provided which indicates that the proposed multi -family development will generate 863 net new vehicle trips per day (two-way). Specifically, it will generate 64 AM net new peak hour trips and 85 PM net new peak hour trips. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Buildinq #1 Water and Sewer: Water service exists on site. It is available via connection an existing 6" water main within S.E. 3`d Avenue right-of-way. Sewer service exists on site. It is available via connections to an existing 8" sanitary sewer main within SE 3rd avenue right-of-way. There is also an alternate connection to an existing 8" sanitary sewer main within the 16' alley right-of-way to the rear of the property. Pursuant to the Comprehensive Plan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Based upon the above, positive findings can be made with respect to this level of service standard. Schools: 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 a written finding of approval from the School District is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use application were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped, in a manner so that the future use, intensity and density are appropriate in terms of soil, topographic, and other applicable physical considerations; encourage affordable goods and services; are complementary to and compatible with adjacent land uses; and fulfill remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The site is bordered by public rights-of-way on all four sides which provide a natural buffer against adjacent land uses. To the east of the site is an existing 16' public alley. Across the alley, to the east, is an existing one- story multi -tenant building, a one-story medical office building and a large two-story commercial building occupied by AT&T. To the west of the site, across SE 3`d Avenue, is vacant property and the FEC railroad. To the north of the site, across SE 1" Street, is an at -grade parking lot which accompanies an existing office building. To the south of the site, across S.E. 2A Street, is a prior single family residence currently utilized as a private clubhouse. The surrounding properties to the east, north and west are all are zoned Central Business District (CBD). The property to the south, across S.E. 2nd Street, is located within the Osceola Park Redevelopment Area and is zoned RM (Multi -Family Residential). This request for Conditional Use approval to allow for increased density is compatible with the surrounding uses and zoning designations in that the CBD permits, through the Conditional Use process, increased density for multi -family residential dwellings for sites north of S.E. 2nd Street. The subject site meets this location criterion. In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area". The proposed SOFA Building #1 will help to fulfill this stated land use need by providing 117 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C-3: The Central Business District {CBD} and surrounding neighborhoods, including A -1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-3.2: 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 -1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village 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. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high-end leisure area for a few, to a true downtown that serves the needs of the community as a whole. it will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent. " On page 38 - `In order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long-term sustainability of the downtown. The proposed conditional use will allow a residential density of 62.23 units per acre on the subject property. This increased density equates to an additional 61 units over the base Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 density of 30 units per acre. The development proposal will locate a total of 117 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The SOFA Delray Building #1 development proposal is consistent with Future Land Use Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city -approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 1st Street a Palm Tran with an existing bus stop at the southeast corner of SE 1st Avenue and SE 1st Street. The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A-1.5. Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks have been provided in the garage near the lobby's at the north and south end of the project. However, this does not completely address the intent of the policy, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy D-2.2, Open Space and Recreation Element 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. The City may require a monetary contribution in -lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second level of the four story building for its residents which include an amenity deck with Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 extensive planting material, a swimming pool, lounge chairs, fire pits with outdoor seating, a fitness -exercise room, a clubhouse and a game room for younger residents. Other recreational, cultural and open space opportunities located in proximity to the SOFA Delray Building #1 development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site. Housing Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. It is noted that the applicant is seeking a waiver to increase the percentage of one -bedroom units from a maximum of 30% to 56.41 %. Staff does not support a one -bedroom mix of greater than 50% in the project. However, it is, appropriate that the requirement to provide three (3) and four (4) bedroom units be waived under the provisions of this policy. Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As previously noted, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the development proposal will result in additional 64 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 AM and 85 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. It is noted that the location of the outdoor recreation facilities on the second floor "amenity deck" could become a noise issue, especially to the single-family residential development in the Osceola Park Neighborhood south of SE 2"d Street. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. This could include the use of additional landscaping at the edges and the use of sound -absorbing materials. Additionally, amplified music will not be permitted on these deck areas. These two items will be addressed as part of the site plan review process. Subject to these items being addressed at that time, the development will be consistent with Housing Policy A-11.3. LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: The surrounding CBD (Central Business District) zoning designation to the north, east, and west is the same as the subject property. To the south is RM -zoned property, which is also compatible with the proposed 117 -unit multi -family residential development. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As indicated in the following "Performance Standards" section of the report, the proposed Sofa Building #1, substantially meets these requirements. The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 62.23 dwelling units per acre. : o inu Use: North Central Business District (CBD) Office Uses and Associated Parking South Multiple Family Residential (RM) Residential/Private Clubhouse East Central Business District (CBD) Medical/Professional Office/Commercial Uses West Central Business District (CBD) UndevelopedNacant land and FEC Railroad The surrounding CBD (Central Business District) zoning designation to the north, east, and west is the same as the subject property. To the south is RM -zoned property, which is also compatible with the proposed 117 -unit multi -family residential development. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2nd Street and north of SE 2nd Street, subject to the substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As indicated in the following "Performance Standards" section of the report, the proposed Sofa Building #1, substantially meets these requirements. The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood. The additional residents should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 62.23 dwelling units per acre. LDR Section 4.4.13(1) - Performance Standards: These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. The proposed development is compatible in terms of building mass and intensity with the surrounding development. There is a mix of uses and building heights in the area, with the ATT building to the east and several multi -story developments to the west of the FEC tracks. The proposed development will provide the required Workforce Housing (WFH) Units at a calculation of twenty (20) percent of all units over the permitted thirty (30) dwelling units, rounded up. Based on said requirements and a total of sixty-one (61) additional units, the applicant is proposing to incorporate thirteen (13) WFH dwelling units into the project, which will be divided between low and moderate income levels and will comply with all applicable provisions of Section 4.7, except Section 4.7.9(i) which requires that the total number of one bedroom (1 BR) units shall not exceed 30% of the total number of all units for the project_ The applicant proposes a total of 56% one bedroom (1 BR) units which exceeds the maximum allowance by 26%, thus a waiver has been requested. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements: diversity in window and door shapes and locations; features such as balconies, arches, porches; and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The proposed design of the site and building offers a variation in design and color which adds interest to the building and reduces the appearance of massing. The building elevations incorporate a diversity of window and door shapes and locations. It features cantilevered balconies, porches, terraces, and other modern decorative tiles and accents. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. The proposed building includes a parking garage which has been designed as an integral part of the building and blends with the design of the residential uses above. Vehicular access to the ground floor garage is provided at the rear of the building via the alley and not from the main street, thereby reducing the appearance of a parking garage. The project is not located in a retail corridor and non-residential use on the ground floor would not be viable and would compete with other commercial businesses in close proximity to the site. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The project includes a total of 117 units comprised of studio/efficiency, one -bedroom, and two- bedroom units. Fifty-one (51) units are 2 bedroom/2 bath and fifty-three (53) are 1 bedroom/1 bath. Thirteen (13) units are efficiencies (11%). There are multiple floor plans available. The living area varies among units between 500 to over 1,215 square feet. Some units will have terraces, while other will have balconies. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water featurelfountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The project design creates an overall unified architectural character and image by the use of common elements on and within the building and ancillary parts of the project. Decorative light fixtures, a landscaped public plaza area with decorative pavers, and the use of bold urban colors and a modern design are some of the common design elements that add character to the project. Additionally, the residents will enjoy the use of on-site amenities as identified below. (e) The development provides common areas andlor amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas andlor amenities. 10 Planning and Zoning Board Staff Report; Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The amenity deck offers numerous interactive uses from ping pong and pool tables to fire pits with cozy seating groups. Also offered on the amenity deck are the swimming pool and a sun deck along with an inviting trellised spa with a water feature as its back drop. Cabanas offer different types of seating and lounge areas. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built-in planters with native shrubs and lush palms as boundaries between areas. Additionally, residents of the SOFA Delray Building 1 project will have the opportunity to utilize the recreational amenities at SOFA Delray Building 2. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The project is inherently pedestrian friendly due to its proximity to a lively downtown area surrounding the site. The main pedestrian access to S.E. 3rd Avenue is via the main lobby area in the center of the building, encouraging pedestrian activity to the street. Additional lobbies are provided at the north and south ends of the building. Sidewalks along S.E. 3rd Avenue, S.E. 1st Street and S.E. 2nd Street will connect the project to the surrounding pedestrian network. The project's proximity to Atlantic Avenue, Federal Highway and Swinton Avenue will result in residents being able to walk to the main commercial, entertainment, and cultural activities that create the downtown. The project incorporates landscape nodes and decorative pavers at the front of the building to create a sense of residential character for the area, along with decorative lighting. (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development provides for new parallel parking spaces along SE 3rd Avenue. These spaces are not required to meet the parking requirements of the project. All of these spaces may be used by the public. (h) Projects fronting on Atlantic Avenue, N W/S W 5th Avenue, N.E. 9 st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall/(s) at the ground floor of each such building is devoted to display windows and to entrances to commercial uses from outside the building. Since this is a residential only project, there are no opportunities to provide a nonresidential use along SE 1ST Street. Therefore, this performance standard has not been met. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. if necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. HE Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. The Landscape Plan exceeds the tree requirement by 36 trees, and also exceeds the native tree requirements. Urban plazas are provided at either street corner with innovative and inviting pavers accentuated by lush landscaping. The main entry at the center of the building also reflects the corner paving enhancements with colorful bromeliads as accents and large date palms with flowering standards below. This entrance also offers views from below to pool above, a unique building feature. The amenity deck offers numerous interactive uses from ping pong and pool tables to fire pits with cozy seating groups. Also offered on the amenity deck are the swimming pool and a sun deck along with an inviting trellised spa with a water feature as its back drop. Six (6) cabanas offer different types of seating and lounge areas. There are also barbecues, outdoor dining, and an outdoor trellised bar for interactive gatherings. The amenity deck also offers private patios with built-in planters with native shrubs and lush palms as boundaries between areas. Of the nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal complies with eight (8) performance standards (a), (b), (c), (d), (e), (f), (g) and (i). Performance standard (h) has not been met. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. COMPLIANCE WfTH THE,LAND, DEUELOPMNT REGULATIONS ....... In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. If the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staff's review of the sketch plan and site inspections, the following analysis is provided. Building Setbacks & Frontage Requirements - Design Guidelines: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.4.13(F)(4)(c)(2) will be required. This LDR Section requires that from a height of twenty-five feet (25) to forty- eight feet (48'), the required building frontage has to be setback at a fifteen foot (15) minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1 st Street and SE 2nd Street which is 22.17' less than the minimum requirement. This waiver will be addressed during the site plan review process. Off -Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required Parking Spaces Provided Efficient 1 room 13 1.0 13.0 13 1 bedroom 53 1.25 66.2 66 2 bedrooms 51 1.75 89.2 89 Guest parking For the first 20 units 20 0.5 10 10 For units 21-50 30 0.3 9 9 For units 51 and above 67 0.2 13.4 14 Totals 200.8 201 201 12 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 As shown in the above table, two hundred one (201) parking spaces are required for the proposed 117 unit development and 201 spaces have been provided within the parking garage. Thus, this LDR requirement has been met. The existing development on the property is subject to an "Easement, Use, Maintenance and Declaration Agreement" which provides an access easement over the southern parking lot aisle on one of the parcels and the use of 5 specified parking spaces to the property east of the alley (120 SE 4th Avenue). Since the easement involves parking that will be eliminated with redevelopment of the property, the Agreement must be dissolved or modified in such a way that will not prevent the Sofa Building #1 development from independently meeting the 201 parking spaces required for the residential use. Since the new development will only provide 201 spaces, this means that 5 spaces for the office development cannot be reserved for that use. However, since the two uses have different peak hours of demand, the parking can be shared. Under the shared parking provisions of the City's parking regulations, as shown on the table below, no additional parking spaces are required to support the obligation of 5 spaces for the adjacent office development. If a revised agreement between the two parties is not possible, the property at 120 SE 4th Avenue will be subject to no less than five (5) in -lieu parking spaces to maintain operation under its current Class III Site Plan Modification SPRAB approval for Rodriquez & Bagwan Commercial Properties (Delray Center for Wellness) on September 10, 2007 via P&Z File Number 2007-303-SPM-SPR-CL3. This issue will be addressed during the site plan review process. On Street Parking: Although nineteen (19) parallel on -street parking spaces currently exist along SE 3rd Avenue, three (3) of these spaces will be removed with landscaping and streetscape improvements for the Sofa Building #1 development. This will leave sixteen (16) parallel on -street parking spaces available along SE 3`d Avenue. With an additional three (3) existing on -street parallel parking spaces available along SE 15` Street, there will be a total of nineteen (19) parallel on -street spaces surrounding the property. Although these spaces will remain available to the general public, they will also help to meet the short-term parking requirements of residents and guests of the project. Pursuant to LDR Section 4.6.9(E)(2)(a),(b), and (c), the following regulations apply to on -street parking: (2) Required off-street parking shall be provided on the same lot, or parcel, as the building and uses for which it is required. Where adequate right-of-way exists, construction of additional on -street parking spaces directly and wholly abutting the lot, or parcel, may be 13 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 counted towards the off-street parking requirement of the lot or parcel it is intended to serve, provided that: (a) The adjacent right-of-way has not been previously utilized for parking or, in cases where the adjacent right-of-way has been used for parking only those spaces in addition to the number of existing spaces shall be counted; (b) Such parking spaces are clearly marked on the site plan and designed in accordance with appropriate City, County or State standards, as applicable; and (c) Such parking spaces shall be publicly accessible and cannot be reserved or restricted by the owner(s) or tenant(s) of the lot or parcel, unless approved by the City Commission for special events or valet parking. Due the preexistence of these on -street parking areas, no parking credit is allowed per this provision of the Code. Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes sixty (60) compact parking spaces located within the proposed ground floor parking garage. This represents 29.8% of the total spaces, thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of four (4) accessible parking spaces (168 x 2%). The requirement for non-resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the thirty-three (33) guest spaces will require two (2) additional accessible parking spaces, for a total of six (6) spaces required for the proposed development. Since six (6) handicap accessible parking spaces have been provided, this LDR requirement has been met. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one-half feet (9.5') high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. This requirement will be addressed during the site plan review process. Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA). Bicycle racks have been provided in the garage near the lobby's at the north and south end of the project. However, this does not completely address the intent of Policy D-2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. As noted earlier in this report, this requirement will be addressed during the site plan review process. 14 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Stacking Distance: Staff review of the preliminary site plan indicates that a waiver LDR Section 4.6.9(D)(3)(c)(1) will be required. This LDR Section requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement. This waiver will be addressed during the site plan review process. Lighting: A photometric plan consistent with the requirements of LDR Section 4.6.8 and light pole/fixture details is required as a part of site plan approval. If the conditional use is approved, the photometric plan shall be reviewed for compliance with the LDRs during the site plan review process. Loading: Loading for the project is provided on the south side of the property in the right-of-way of SE 2nd Street. While this is more appropriate than accommodating this function within the parking garage, the City Engineer must approve the utilization for the City's right-of-way for this function and assure that the design does not create an unsafe situation. This will be addressed during the site plan review process. Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1), when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross -visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(8)(2), the visibility triangle shall be the area formed by the intersection of an alley and a street with a length of ten (10) feet along the alley right-of-way, a length of twenty (20) feet along the street right-of-way, and the third side being a line connecting the ends of the other two lines. Visibility triangles at the two ends of the alley have been depicted to comply with this LDR requirement. Pursuant to LDR Section 4.6.14(6)(3), within the Central Business District (CBD), the visibility triangle shall be the area formed by the intersection of two or more street rights-of-way with two sides of the triangular area being twenty (20) feet in length along each street, measured from their point of intersection, and the third side being a line connecting the ends of the other two lines. Visibility triangles at both street intersections have been depicted to comply with this LDR requirement. Open Space: A minimum of 10% non -vehicular open space shall be provided for all development in this section of the Central Business District. Although the site plan data indicates that 11.9% has been provided, the right-of-way dedications were not considered in that calculation. Since open space must be based on the post -dedication site area, the site data must be revised to consider the dedications. This requirement will be addressed during the site plan review process. It is noted that with the dedication areas eliminated, the open space increases to 12.6%. 15 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A-1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one-half the cost of a bus shelter prior to certification of the site plan. This requirement will be addressed as part of the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(x) - Minimum residential floor area. There are 13 efficiency dwelling units that range in size from 500 square feet to 615 square feet; 53 one -bedroom dwelling units that range in size from 750 to 800 square feet; and 51 two-bedroom dwelling units that range in size from 1,100 square feet to 1,215 square feet. Based upon the above, this LDR requirement has been met. Right -of -Way Dedications: SE 3`d Avenue: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 3`d Avenue is 60' and only 50' of right-of-way currently exists. The applicant has chosen to voluntarily provide an additional five feet (5) of right-of-way along the east side of SE 3rd Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (5') right-of-way dedication. Thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. The applicant proposes to maintain the existing 50' rights-of-way along SE 1" Street and SE 2" Street, whereas 60' is required for roads without curb and gutter. Further determination of the required rights-of-way along SE 1" Street and SE 2nd Street will be made by the DSMG (Development Services Management Group). This will be addressed during the site plan review process. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street 16 Standard t_rovlded - Total t;ampl�ance with LDR .., t�welltrfg, 9a�e .....:... ......: ;, .. ...::. Yves :::.. No........ Efficiency 400 500-615 13 1 Bedroom Units 600 750-800 53 2 Bedroom Units 900 1,100-1,215 51 3 Bedroom Units 1,250 NIA 0 NIA 4 Bedroom Units 1,500 NIA 0 NIA Right -of -Way Dedications: SE 3`d Avenue: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 3`d Avenue is 60' and only 50' of right-of-way currently exists. The applicant has chosen to voluntarily provide an additional five feet (5) of right-of-way along the east side of SE 3rd Avenue. The proposed site plan, landscape plan and civil plans currently depict the five foot (5') right-of-way dedication. Thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. The applicant proposes to maintain the existing 50' rights-of-way along SE 1" Street and SE 2" Street, whereas 60' is required for roads without curb and gutter. Further determination of the required rights-of-way along SE 1" Street and SE 2nd Street will be made by the DSMG (Development Services Management Group). This will be addressed during the site plan review process. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A)(2)(a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street 16 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 or alley to the subject property in addition to the improvements on its side of the center line of the right-of-way. The existing 16 -foot alley right-of-way, which abuts the east property line of the subject property, is already improved. Paving of the additional 2' of alley right-of-way dedicated with this project is the obligation of the developer and will occur with construction of the project. Sidewalks: Staff review of the preliminary site plan indicates that a waiver to LDR Section 6.1.3(B)(1)(0 will be required. This LDR Section requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5') sidewalk width along SE 3`d Avenue, SE 15` Street and SE 2nd Street, which is three feet (3') less than the minimum requirement. This waiver will be addressed during the site plan review process. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect shall be place on the site plan. This requirement will be addressed during the site plan review process. Plat: The development pro�osal combines four (4) separate parcels and includes the dedication of right-of-way for SE 3` Avenue and the adjacent 16' alley to the east. Therefore, a plat must be processed and recorded prior to issuance of a building permit. This requirement will be addressed during the site plan review process. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three (3) sides with vision obscuring gates on the fourth (41h) side, unless such areas are not visible from any adjacent public right-of-way. The development proposal includes trash rooms located interior to the building. Rolling dumpsters will be located along the alley for daily pick-up. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyclables has been provided, and thus, this LDR requirement has been met. Landscape Buffers: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.16(H)(3)(d) will be required. This LDR Section requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement. This waiver will be addressed during the site plan review process. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(B)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. Whether or not the proposed elevations meet the required separation and design standards will be evaluated during the site plan review process. 17 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Reauest for Sofa Buildina #1 Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1' Street and 13.6% transparency along SE 2 d Street which is less than the minimum requirement. This waiver will be addressed during the site plan review process. Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) will be required. This LDR Section requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. This waiver will be addressed during the site plan review process. VIfAiV>ER.r4JA$iS Waiver— Maximum 30% One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed 30% to 56.41%- The applicant has submitted the following statement to support the waiver. `The project includes 53 one -bedroom units and 13 efficiency units, for a total of 66 units that are considered one bedroom. Although the number of efficiency and one -bedroom units exceeds the above referenced provision, the program for this project is to provide attainable housing units to serve single persons or young couples or families who cannot yet afford to purchase a unit but desire to live and work in a vibrant downtown area like Delray Beach. Providing a greater number of efficiency units will best serve the target market. Approval of this waiver will allow for development that will provide attainable rental apartments in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City. " Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The SOFA Delray Building #1 project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. While this may be appropriate for a downtown residential development, the shifting of the market as a result of the downturn of the economy has forced a it-] Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 high number of foreclosures in the housing market decreasing in turn the home ownership index and thereby generating an increase in the demand for rental housing. While rental housing is in high demand, many displaced families previously owned two (2), three (3) or four (4) bedroom homes. These families are now seeking affordable housing solutions for their families which will need to accommodate a four to six person household with children. The proposed project could do better to accommodate this new market demand. Assuming that the rental agent for the project will control the number of tenants allowed in individual units based on the number of bedrooms, problems that sometimes result from overcrowding (i.e. crime, vandalism and congestion) should not be a concern. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. The issue here is related to the City's goal to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one -bedroom units allowed in projects under this program. While some leeway is possible, given the project's downtown location, staff is not inclined to support a one -bedroom unit mix above 50% in the CBD. Since no other projects have been approved above this level, approving this waiver would result in the grant of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could not be made. Therefore, staff suggests that the Sofa Building #1 project be redesigned to include no more than 50% one - bedroom units. Since similar residential developments in the CBD have had staff support for up to a 50% one bedroom unit mix, granting of the waiver at this level would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(B)(5) could then be made. 7.77777 REVIEW BYCJTHERS,,, Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (62.23 du/ac proposed) at its meeting of November 1, 2012. Downtown Development Authority: The Downtown Development Authority (DDA) recommended denial of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (62.23 du/ac proposed) at its meeting of November 13, 2012. Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council 19 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. AS$ESSMENT,ANb CQNCLUSIQN „ The proposed conditional use request is to allow a density in excess of 30 units per acre within the CBD (62.23 du/ac is proposed). As described in this staff report, the request for an increase in density above 30 units per acre is supportable as the project meets the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD. The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5), regarding compatibility of the proposed development with the surrounding properties for the requested increase in density. It is noted that pursuant to LDR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development. Based on the preliminary site plan submitted, staff has identified seven (7) waivers associated with the proposed Sofa Building #1 multi -family residential development. Six of these waivers will be considered during the site plan review process. The applicant is also requesting a waiver to Section 4.7.9(1), which limits the percentage of 1 -bedroom units to 30%. Since the conditional use for increased density requires that an affordable housing component be included in the development, the provisions of Article 4.7, "FamilyMorkforce Housing" must be considered with the conditional use. Staff does not support a waiver to the maximum 30% one bedroom unit mix above 50%. AN_TERWN' ACTIdNS A. Move to postpone a recommendation for the conditional use request and associated waivers associated with an increase in density to 62.23 du/ac for SOFA Delray Building #1 where thirty (30) units per acre is allowed, by choosing to continue review of the development proposal and offer further direction. B. Move a recommendation of approval of the conditional use request and associated waiver in order to allow a density in excess of 30 units per acre (62.23 du/ac) for SOFA Delray Building #1, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. C. Move a recommendation of denial of the conditional use request and associated waiver in order to allow a density in excess of 30 units per acre (62.23 du/ac) for SOFA Delray Building #1, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations. 20 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 RECOMMEKDED ACTiQN By Separate Motions: Waiver: Recommend denial to the City Commission for the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 56.41 %, due to a failure to make positive findings with respect to LDR Section 2.4.5(E). Alternative Waiver Recommended by Staff: Recommend approval to the City Commission for the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 50%, based upon positive findings with respect to LDR Section 2.4.5(E). Conditional Use: Move a recommendation of approval to the City Commission of the conditional use request to allow a density in excess of 30 units per acre (62 du/ac) for SOFA Delray Building #1, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: 1. That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. c. The amenity deck should be designed to minimize the transmission of noise into the surrounding area. d. Amplified music will not be permitted on the amenity deck areas. e. A waiver to LDR Section 4.4.13(F)(4)(c)(2), which requires that from a height of twenty-five feet (25) to forty-eight feet (48'), the required building frontage has to be setback at a fifteen foot (15) minimum for seventy percent (70%) of the lot frontage which is equivalent to 79.17' along SE 1st Street and SE 2nd Street. The applicant has proposed to provide fifty-seven feet (57') along SE 1st Street and SE 2nd Street which is 22.17' less than the minimum requirement. f. The "Easement, Use, Maintenance and Declaration Agreement" must be modified to accommodate the 5 spaces covered in the agreement within the project; or the property at 120 SE 4th Avenue must pay in -lieu fees for five (5) in -lieu parking spaces to maintain operation under its current Class III Site Plan Modification SPRAB approval for Rodriquez & Bagwan Commercial Properties (Delray Center for Wellness) on September 10, 2007 via P&Z File Number 2007-303-SPM-SPR-CL3. g. A note shall be placed on the site plan to indicate nine and one-half feet (9.5') of height in the parking garage to allow the access of handicap vans. h. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The 21 Planning and Zoning Board Staff Report: Meeting of November 19, 2012 Conditional Use Request for Sofa Building #1 applicant has proposed 20'5" of stacking off of the adjacent alley, which is 297' less than the minimum requirement. The City Engineer must approve the utilization for the City's right-of-way on SE 2n0 Street for a loading space and assure that the design does not create an unsafe situation. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation. k. That determination of the required rights-of-way along SE 1st Street and SE 2nd Street be made by the DSMG (Development Services Management Group) and that decision be reflected on the site plan. 1. A waiver to LDR Section 6.1.3(B)(1)(f), which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5) sidewalk width along SE 3rd Avenue, SE 1st Street and SE 2nd Street, which is three feet (3') less than the minimum requirement. m. A note indicating that utility facilities serving the development shall be located underground throughout the development be placed on the site plan. n. A plat must be processed and recorded prior to issuance of a building permit. o. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'9" landscape buffer at the rear of the property adjacent to the alley, which is 1'3" less than the minimum requirement. p. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 22% transparency along SE 3rd Avenue, 13.6% transparency along SE 1st Street and 13.6% transparency along SE 2nd Street which is less than the minimum requirement. q. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b), which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. Attachments: • Location Map • Boundary Survey • Site Plan • Landscape Plan • Floor Plans • Architectural Elevations Staff Report Prepared by: Candi N. Jefferson, Senior Planner 22 [----I F I V)LT V) EIz tl k tI6 - I A T L A N T I C A V E N U E P i .$ r — 1 i � ? i i i 7 L{ -i ' W f ' Q - > } r < Q S.E. 1ST ST, 4.r A. Yf ' 1 rvtt1' Ln(9 ,'I 5� �zii•.r Ljj { tZ r 1f iii is i�'•�M.{i}i �fr i d 'e arry'>i�sis'. S.E. 2ND ST. fi l w _ vi t 7 { � k 7 9 w - Lj T T, Hf �._ 3RD ST. N SUBJECT SOFA BUILDING #1 pe dims - PROPERTY -- DIGITAL EASE MAP SYSTEM -- MAP REF: S:\Planning do Zoning\DBMS\Pil—Cab\Z—LM 1001-1540\LM1360—Sofa Building #1 r PLANNING AND ZONING LOCATION MAP ' �"`""' • "'" DEPARiMEN7 t i I Ir t 0.I 4 I INisA r of DEI, Y BUILDING1ARC}I)TEC(Y 2E � . 3RDAVENUE M Yrxulw+rtl • .E. MWNiSfc lDkaara'voro Delray Beach, Fla 33444 z ___ (� R ��Gf C I _ —U; ci DRAWING INDEX GENERAL NOTES -- PROJECT INFORMATION T- __...YR.�ET S�P'L-.�S'BLYSIa(j�j$'ONL dlsPLd ..,• BURVEY LP2 ORDJ{N)Fl.00R __-�M'-- LRJ AM-aMiV DECK WiDBGP P 1P5—A W OBCK LAN05GRPS P4N iArT --- MRior;•Aeu3X�aaioxo!pxY u%pxtcwnnnr:aRWULV4,*eiFgnlEcranE,wovw,rr.«a: rrio MD»¢uelDul, oa-✓u A'a PROPOSED PRO.IEGY: *STORY RXTNG ATR'OUNDIMENT PROJECT xii0iiwsnonvsn+w+ixoroMe•Par:e.iAxYrvusEP+n S,CDNrxeYlNalaDlnvawAPRRDRtiaawawxcfE.xr,nacaa''iMe`YP PARKMGATGROUNDLEVeI mw�yrvlt�cl.7co•aviy�wwFR Wsx�copY_�MhR¢Ie,PEPcxeY,exb 'uer apT mu¢,m;orro Rr.ExnaxaF,rs.v¢xl,ft: Acn wM'wP e� ^oe r.icuc - .4 4FeeNer�FmeRYno<tcr,oNu:n naameR. DaN.vw,ucow•oauwvv-a+ber.<v-ocmunrssu,00ecwuwxwu+ER»Ern„mrsavr. <on, orsrJPFPmxs GOVERNIKO COGS; FBC 2010 EDI710N. FFPC on. noon«x;Rac,aR.wu,l•,euoe+uswRaxcsssvmY:•rssla_Yx:frtP:Eota<wwWrs'n,;.�ncwerarx�xaetn'xt'ou,Pt'.vm:aoi FLOdGA2005EDITiON,NFPA1Oi VufTH WRPACE XQ7 EDITION, NFPA I UFC LSCFLORIDA200® = li �i6 uyC SP -1 SITE PLAW GROUND FLOORPLNJ L LAN ' A•1 LEVEL 2.3 ¢AI+P ROOF PIAN •- •_._..__ ms xnavaocue.axw,.icuv. ewnax.xaP«.c.,o-o<uorxcnwaue..eceara«nrn.;vcmlclmwmwEc?+wna EDITION ttE MCuiEopYlMm kRN' ....,„............._�-�. i— A-2 ELEVATIONS ! WS.DINFx'eIONiReDlww.:E>ox rNRew,Vnx4asak-Y:t:itix[.rnEVCFCeER YSLNa OF'xJUAl,os MNrAWSMRCUCU:ArFD a+�xxV•Li RVO Ranosn[omE.,rF+PearwoN.me[Ce«,wr.-0r»Rrmxx=n+eUiimEwlOrCaY+'ea 'e^ _�ENLMGE�FLEVATIONSy„,••,_��----------.._--v ...... --�—I xw.X nnuxvweu rAxErxec[u,xaev:rt4rr. rxnx.r:+alL.nan rlCreo L•xNa'ne enNr rfHniPww.••¢SSEA�,vn,i «XoaaaYQlVAYoeWNroNl O Ad UNIT PLANS _..__._ A•5 UNIT PLANS PMO PHOTOMETRIOS PIAN �. A4 UNTP N9-••...•.-•.••� paWin�P m«oxrlx e+iHes uDlic0wron,fMrtnpx o Lnwvzin w,.+„n:, -No-.es arwomc ROOF HEIGHT 41'-W m. mcrxwnxaxu.eelunTm•o,NaecorFRfAVJIUF'YwiEPx[c-v: rvc corrpw:; a�cum[ma tpra^�:tawt xa?naw.l ae epRwm ' ' TYPE I(8)-SPPoNKLEA . A^B DIAGRAM- ;«wxxoru.,nNerrmexl;SCONTRUCTN)N T____.--—.--_—_.—.--_--.... A•B NDERNJTA�RHA�,Af�QSEC110N __.............._.., A•S0 RENDERINGS ,•,,,__ --__.__.__..._..,_..__ ,.FAn'ICFR60r AY1R4TONNIDC0.Vry».Yn+vr.xENkU:WtlEYME k 6w,.YNSCOviR«u1DRekuLDe,+R,NafEnmSFrtaaeu;xeNs'. owFxrxawxuncnonmxaM4PawLLnfceMAwwCf rilEstmcrufoNcvN.rA. BUILDING DESIGNED: ENCLOSER BDB.mE00xnE«G,oR9EY46kBWr.toirrZ. PD1xIpeMVC`IDNEGIE:NE:.Y.Y;R>NM:.G.UI StBEOMINnrCRS, SI. ' mr.coxrP.�toP eNNlrroSNLLVvanwEaawecr.s;:+'x+senlus'coxrNNNcueFtroa ltnrsEnMvnl�akaeperroowa wer �IIJG DISTRICT: Com_..,,.„...._._.. 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Ramsm meq, SIDEWALK REQUIREMENTS ALONG S.E-2NO AVENUE TO SA°. , wwalEnon acnlE Sauce: ,e¢,wmE>F,xE a��ack'eta,ucrr'xmsrcenrNrearmEoxa erne ca+:R.emn IWLLPR�W,oE ME anrvxX'»nx N.. eo.+w.rn: W�N,ExxxCEaWiNarnVonix WN;weAMCVCClrN,nb /1 - 2.y REQUESTING xE R1iCM:FG+VAMAstTOf•ASwALPeMPtECPW,s.T+E �I Empeor�oxw P Ter rr eEwnsn,e mxm rax vr✓u.wylntr M ,' E ° Dat Rn rElr.Cvem YleaE oa+nlnRtwLLac+xawNlnmrv'a¢cvMa! TPtgNSPAR>nNCY OR GLASS$URFACE ON THE GROUND FLOOR WALL AREA OF THESUILDING OR GLASS ONTHSECTIONGROU8(B)(14)(IV) OLL AREA I. I FROM 75!6 T022%ALONG SE BRO AVENUE AND E3.87e ALONG SE I6T STREET AND 5E 2140 :NxaolrFMnoRCI,ui Vl.Rvaxryl o'uwn'CLk:V}.VpRK FOwPAFAi.R%IVIE'Cw^PA.WXCIXv414nDx/l�xHVxm S repp;oof axE.ew ram.•tteet=Ca-.rxf�ilwnseagwNcesr,xeesBnrY.s.t D'restuPN¢rus,'asangw« i 1i r ax>•n+a.+Ewewc<rxrv,Hewmlum ucnaEx;a s sg,1 I STREET. I en,nE DDnrRXc+ -:F ws,er a E IwnxY wD«x,Hsr i^1 ,K a %,Slap �-°"wPc xriee� - ru.. wnRnwnr,nwwa�FRDiEN.xw,xEwwPNmo--Ran � i,LR -Ns ax.roRrxeeonREnN kYrop•eurlvauw+a.�xnwxw.mnarrnmmw.RaxeE . �,, '� }v.� .INNr3 ' i 3.)MUESTING A WAIVER FROM LOA SECTION 4.0.9 (0)(2)(m) TO REDUCE THE STACKING mkwCxuYac F0.0M 50'.0-T020•S'. �Y� rFWmwr'” m�.xxNascaRcomsraarE � �� ,� �Eirun Eccsm I DISTANCE ! «uaP..ccrXaax+L ens wa�rroexawn�tu+ Pc� wa.Yx ,eta :i”" 4) REOUESTINO A WAIVER FROM LDR SECTION 4.4,13 (D)(12) TO INCREASE THE DENSITY FROM `'R` srv91i u vxns A nNP xNts rn:n 1 crura mu+� w aL1LWSTOTIIEACRETO68UNRSTOTMEACRF....•n+tlr+)_mre: AI Ir <v.Roee°nw.Vl.liaeHo mm ieEa fnoccovPu ccN ,R RP< Ew,n �cn sarou� i 5) REOUEST(NG A WAVER FROM LDR S1wCT10N4.7.911) TO INCREA9ETHE NUMBER OF uu nv AAl#.v FRccvereREsow«xonxn eap.-.nsrxowuBM;E P„ wrlKRu E ,Walk I ONE REDROOMJSTUDIO UMTS FROM 30%MAXTOe2% crn:wnlviweuor; n.rrt «xwr. a�xERww,.axsi not«funm a�ourx namaramHucxwE,sxccn; u•' s ,iL •%' ---------------- SURVEYOR CLIENT ARCHITECT CIVIL ENGINEER LANDSCAPE T RELATED DEVELOPMENT LLC RICHARD JONESARCHITECTURE OBRIEN, SUITERAND OBRIEN, INC. ARCHITECT I}. PILLAR CONSULTANTS, INC. 916 S. BISCAYNE BLVD. 10 S.E. FIRST AVENUE. SU1TE 102 5230 SOUTH UNNERSITY DRIVE 955 NW 17TH AVE. SUITE K-1 ARCHITECTURAL ALLIANCE ' COYER SHEET MIAMI FL. 33131 DELRAY BEACH, FL, 33444 E 104 SUIT' DELRAY BEACH, FL. $3445 512S.W. 4TH AVENUE �d TELEPHONE: 305-5334002 TELEPHONE: 561,274-9188 DAVIE, FL 33328 TELEPHONE: 561-2754501 FORT LAUDERDALE FL. 33315 g jy� ! FAX: 561-274-9196 TELEPHONE: 954^880.6833 FAX: 581-276-2390 TELEPHONE:954-764.8858 I ... �/ L°s o6 conm 7Ct N AtZiRD 2R41A'fFNf, 1141i� lRVtSi {4r A!a rNIiVA) fi!£ eetNtc•mnAan rta s m m17 T nttr nes uwanArAw I1CWVAwvrrcs �� dean xve: a+aNAoxlu+a wmt nc:m r+tArsu+wmtarAc � AAO f(RIXR rPRai545iQ1aNR rem � Bi ne ASArr�itr°�ag (? 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ARCMTR fUFG U H �M a0 w ' 4r4 aye eM ;}d U:Nxw: RJ U bI1Di�ffCtntR: wnow�xuo�� -uui.i L C. S } k _ U' LEVET. Z 3,4 ANA AN A-1 a ' i'1 M • d' �� X11♦ �. West Elevation -- 'scats: i•=ia East Elevation �S �• � M ��, aj �■NBC ��C lol— South Elevation scaun;.,^W H 41 mnh'TNrun xq) LiW FAN W: �V9WTI'.W: M(J,W4urtL,t aN. Y t i FLBVATIOM _ A-2. FI -CR JQNTS AkCHt7ECTUME 1 �,NItl141!I,r�2Mah .c:uxeaW •wr�.� o U W— 41 mnh'TNrun xq) LiW FAN W: �V9WTI'.W: M(J,W4urtL,t aN. Y t i FLBVATIOM _ A-2. ®R F9 Ml IN on VMP JIM, N4 LIVING 18'.0'42'•6" SLEEPING At 1a-o^x1a•a° 13A -MH Studio -I Loin/ I Bath SCALE: 1/4"=1'-O" A,'C Area= 569 SQ.F.T Balcony =190 SQ.F.T Studio -2 Loft/ I Bath SCALE: I/4"=I'-0" A/C Area= 530 SQ.F.T SLEEPIIQO At la -0'x r-6, LIVING 12'-0"%1T-5° BALCONY 11'-1vc 5'•0" Studio -3 Loft/.1 Bath SCALE: 1 /4"=I'-0" A/C Area= 500 SQ.F.T Balcony = 65 SQ.F: r RICHARU.101+TS ® IItdT—.dll 1 V :1RCFIR6-CTUAE a F ,xn iciu•RRw F r�W 1 l � 3 s G i 4 S PLnMYv. 'dh`RNAMc rii k NWIISANR"t y naaR+.A: II4u ,1sKMVIAW. RI WA d 5 APVWUA.: S i E 9 UNIT PIANS _ H A-4 7 BALCONY 14'-8"x4-17' I i 11 ;€ MASTER LIVReO fiQOMBBDRO OM 12'-O'x2ff-6" I� F DIVING :i----- I s BATI•� ' ea; K:CfGHBN , Unit A -i 1 Bedroom! i Bath SCALE: I/4"=1'-0" A/C Area= 774 SQ.F.T Balcony = 257 SQ.F.T BATH Unit A-2 1 Bedroom! 1 Bath SCALE: 1!4"=1'-0" A/C Area— 787 SQ.F.T Balcony = 41 SQ.F.T ��._...... BALCONY 'i r�-CRs 1 LIVINGROOM jJ MASTER 1 BEDROOM 1 11'-IYx12'.0^ KITCHEN X7.1 W I.C. i f BA 3 wa, Unit A-3 I Bedroomi I Bath SCALE:: 114"—P -O" A1C Area= 715 SQ.F.T Balcony — 73 SQ.F.T FJCV,ARD JONES r ) 3 x t [ 2 i ARCHITECTURE F nnvrnex 11 fiewn¢�n i 1"1 b� c >� V o a k F i E uc�xr: �.c�a`i%lurnalrw* ' J. F c�•annornlnei F� �NwN Yt: •1. w1 { FEND FInnITM. ieu,� {�- ne.VIFRP 1 ` MASTER BEDROOM DINT40 LIVING ROOM A D,i Unit A-2 1 Bedroom! 1 Bath SCALE: 1!4"=1'-0" A/C Area— 787 SQ.F.T Balcony = 41 SQ.F.T ��._...... BALCONY 'i r�-CRs 1 LIVINGROOM jJ MASTER 1 BEDROOM 1 11'-IYx12'.0^ KITCHEN X7.1 W I.C. i f BA 3 wa, Unit A-3 I Bedroomi I Bath SCALE:: 114"—P -O" A1C Area= 715 SQ.F.T Balcony — 73 SQ.F.T FJCV,ARD JONES r ) 3 x t [ 2 i ARCHITECTURE F nnvrnex 11 fiewn¢�n i 1"1 b� c >� V o a k F i E uc�xr: �.c�a`i%lurnalrw* ' J. F c�•annornlnei F� �NwN Yt: •1. w1 { FEND FInnITM. ieu,� {�- ne.VIFRP 1 BALCONY i a'-A"x q•0" —_ ---.BEDROOM li BALCONY ''--° p u fl zla' o :I S'-o'x12'-o•: j . I LIVSNO ROOM e MASTER BEDROOM BEDROOM ia'-0 xII, I rr mxla' n• JZ1TCi•IeN I \ i Vv.LC LJVNNO ROOM it J la' -9'x19-8" ��---� - --E ; ---._.....-_.'ll �a (N• !i ,�—.� BATH _ -�. !•' ! _..! b[N1NG BATH BATHI dKITCREN r Unit B-1 2 Bedr'amo! 2 Bath SCALE: 1/4"=1'-0'I A/C Area– 1194 SQ.F.T Balcmiy =102 SQ.F.T I �L BALCONY MASCBR q -Ax ta'3" BEJ)ROOA4 JBATH�_ Unit B-2 2 Bedroom/ 2 Bath SCALE: 114"=1'-0" AIC Area– 1210 SQ.F.T Balcony = 382 SQ.F.T iUC[I.V:I?J011E { ARCktlTCCfLRQ C F r�,`�,1j C• I"1 F �wrn A��n s i �vu � exrxsla➢ r /� i 9- ^J croomssrar .' � }' V v➢n �i,r: vnG IP.Ns: ein..nnmv.�xrv, naa ➢➢w]�nr NJ BALCONY 36 -ON V-4" MASTER . BEDROOM !I UVINGROOM I BEDROOM L2,0X=.s. I[ / ff ! I DINING ; i BATH KITCBLN Unit B-3 2 Bedroom/ 2 Baffi SCALE: 1/4"=V-0" A/C Mew— 1131 SQ RT Balcony —219.5 SQ.F.T 13ALCOW U4"x 51 -IF BEDROOM < ID'-0^X131-s'MASTER H BEDROOM LIVING ROOM it _q— RATfj DINING BATH'—KITCHEN 0 Unit B-4 2Bedroom/ 2Bach SCALE: 1/4"=1'-0" A/C Area= 1131 SQ.F.T Balcony = 240 SQ,F-T RICHARD JOM No � A1491TISMURE UNIT PII%Ns A-7 E41 ,gym t��/� / r ol KIR "o o rl 2 MAI ........................ pro, Op PON Of p gm ggog VA, I ®rFri, VMS,' W,14 ol ;o . IWO "Iffifile'll, I SMIN I PAW, WINNER Third and Fourth Floor Plan 77. .,o 20 W -w Boilding Section SETBACK DIAGRAM AM lllCllCl'I A-9 RICHARDJONES i11:F::k ARCH17ECfURY. \w�.rmuF�i fl:MYRa fft 4 l� R Fi_ z •mialF i'AY��tlW! IlW A-10 I '^- ecrswrvs r r.— i.RAPHIC SCALY. •'� wea:mw.v 'S Y ..uwu...uw.w.,. .�_ _ i _ _ .. SE JFU RYEMUE. �m'1 ��jj Ni�Ayfl%Ux � { t arrm) ameo�irtiemx) •. ",:...: � __ __ — TV - - -- r ! LEGEND: I I I rFn I S r U€ ,.ewrrs , TFIT 9GN 9RCMMI aurin N9co+9s ,_.. , ,,,, ..; w I I 1 I •-- � E � TCR MK cGR,ry RC^915 � -�- � _ _ _ _ _ _ _ _ •r': rrte�' L :�: ,r.. „no �,. � � `� I f 1 _ __ _ ... ----- ----- B � �• 4 '�'"` I •q ♦{f4FITFITI-1-1-11 pFy �,9001( '- ' I a. nEW:Y1tUx[ g GOM.PflE R:OVr S}M1noRF eonemxs scar me 2J ,wxxw. }.xc NrHJR j ._ ,pnu:af`ninrl rL I'm we 1•R . ... ....�... t RPG,Z rrnx<E�wxx 1 pQG Wins cuEcuox c �, i Lz --j= ».E PFOJfGT 3z EM T4 t I � { W .6 w J U I 2� o-� 0 F 3 'SCaf t _3G .- g`yi .Am �Pfr .IJATE,•3/19/12 9�y 9v.:_ o_r / F OR/WA' PY,• JRW C-1 PAVING AND DRAINAGE PLAN 12010A um, eu,.mnn.m In ..cn c.il.u. smmvm. ,ma INM I I I,1 aU•LC iv'rvaKAYMI[ f an• a oawnr �,anz .... �. ... lrum F–r'ti -1 •. rusnH� SE—N A–A ir \_ mgrs .arzn ." EXFPTRATION TRENCH DETAIL DETAIL F w_w r sEcra1 �n. VY { NDRS: � i �.f•:'.e°�Iw"uia`�a:°Js°,i �F w.,°Ir ia. . I~.r f:. zYaz wa n-rm •11• 1 j.uw, n.zw� fl' CONCRETE WHEEL STOP DMIL ��M� aa.mPs�olsrp. ��lp�. xTcp r 910E VIXiW ",., FROHi VIEW POLLUTION PREVENTION BAFFLE ... _.�.:.err,as.:,'m'.:ie:JL=1 w+m. amH: xr a.i ENGINEERING DETAILS SP= N. C2 !201OA 'NOTES: 1=P Mwaiab Pw+lmtl f( -_- n.Ymwem.uw«...wY.Ya+,N. ��nmw.raeYmlMn.PwbmMY'aYO. St L GRAPHIC SCALE h -' •n n 3RD AYEM.iIE_ �.. .. ..., r.. ...:. ..u:w ��. u�v i • .. rm•.a.. 8' �iAPPIk4 N6V(YYfin o I,ume P4 uexWe av a ecukl. PrcuaH Par •... ,. ==_FFFFFFITFI I ,: I 'Q' ---- ------ ' + a JNb OrnCPC �9CMC0 BWk ..En±1FiWE - E 4` I Y may-[ 5 �' sEf. sECll41i i 4 c.OfcMIATY r AAA dk4rs,;4 �MN1�0� • P9Ni :N2Yffi4�s,E1YYP.; I I mfr •Y `p' �4 Z cw• KM COW_PflG P;M nPI.;11gL aa;c ECY.R P0.' r I i� 1 " 11 £i " � N 0�� v /NC 71• FA JPE l+c1O fgEC 1YFlryt dMMOYpY91M IIIY•aY •'_ j } nu` • —Y _ ,_ .:...:..,"• r � fl} j� I Y'L_G.•`-N�i'.iS'.S.'."'" 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L {°ata; aXn xaaSl - S u uat - w. wD wLexnA L[AxNF:w vxJSsl nia;an2af61T'"rar La'wr`E�-x•..,m �a _. �"_ .vc v+xt «.r cr ,narr (urx s�tur u�o � ,n°`Fravi n.�� TD°`Fi urwis�ra•inn 1:1. c=wy SEWXII'' coiLECTICN syswm ,O:xtm NC Pr[ [ ) sxrL D[ Caa amx ua.t• Nnw ��wxn/Asts_ti. wc,w'v°OnxiYlwnr w°°io°rncloocox[-aw+°am•--c«mo.wicrce irN'x`sst° ->.er/eWlsr.«. w w_sr �maiW, x(Nuv'w'H: ,wOmf 3 cwp an (c�iws10 ar Nxwa: sv: r n x�Dwm° ssm ei"r' ma n aw ,ete ra tm'aLn: lrlxut n e. iM1rtl#Hsi. KTtamxrxxr ,. �� °� p� �M ei�r°xm mfx.rJ-wan tsex. aL Npa,Lo muA. ro ..%r OXY, a ixe Ix[w No exnzwF a t� ND rlrnXryr rA: r r.a 3 ✓n4?wrx rim°w Lxtk Iaw%.'//w,u (ayvn;S . sx r(>< xnr � n ETUr! y rdq d' (xvl. wL avnmunx nmi rq/Mn• w=rPf-1 VRIrc O)Y. axJ SWLL e[ wvI a»or rn mx cues waarD( NwnDw: e. xe emn»sc Nn a n¢ xwn[ xr —T,2rx rxD cros I� # ) or t. gRmY rw�Mxx,wntc <WnNG CY eie.- PxF. ons:OF et utH waxc:l P[A';Si[5 Dnv o's rpr fn w:s. vc) 0' (xF vxF MCI[�0n � �u nx.kl Y IMFN i>wrwDxaAP�xivO� enarmx•. J'FSyM1(_ (°Ocmas oma TME'RDFMA&Iidx4tOce'. maw • rm`V'ZXr i`ix rAw•.ngr "eA'F.: .. - •. oSnrnrrx sxu_ a rvyparo N DiMYW) ♦nYM tu'aao[r"nx i • a faChw vuc axx.m arci+�tV�/Nxmra� xa ow � I�: ve v"�°Y°pnLyrsfwvs�.V2m :um nif crss >„u,. AF INw A �aa xAnK�D A: wwM. —w e. rnx. r r. x u 4 p3 �rNiM°�mwerirE�PCO• YN ntx o- a[asn m r°a os earsr n M ` GENERAL NOTES SILIET ave. C-5 IX. WE'T N'Fi: MOUNTCO WASTEVlATM PWPING STATION FlYNKx>It W.Ln, WrJW'd C<I �w•ul'NCPWTmA racim,-# an innxy zmPN d"WOyNn014 G. _ ir"�maiWNiic rwu�iEWPu'Ix� SISI w t4u;,rcG[>"iPRo� Ixnc�Mrs�'TLa Z.OLr%s , • ¢ Pwt NmD,MD e54u ex[ ex!PiLLroirl$ si fIFNN M .zaA Etvwu`x, rKrcd_p.'=yi,'eNimeNY\a151 - rxlM wnL I¢un[ Ew.•nx,;+L. aw!-cpx�rt. uoNrt wpxA. : r me N>r. >rm _ u_ Ixtewa K.xrAp=P. M �i1N�ct.'tipuxm µo i>e ��Ews'a�xw .4ara vi0m'a: { R a:."vxIWwvl IL u s14>tiDH Oi T "IRC`M xWES wa wx'3'Kii¢' vm. M Y�IPStrEVon PwwsCi s xwstxt4fix�r-1.1 1 �uoa'>4 t'RiE. erne lev zN[rsuz+ a"D F .�xi,&r"� oxp zap"':stn WUI>miFYi,S�Fiw � ii �urub�w i�ilWKi_V rcywsµ,s ow LxG��tixF ¢pues z4 �nMirmaC�,y Dw r w int' p'raCN'1. FE Yanek�v i4l5�t�'YSnO P°IIiLVICtCx a >x. 3a�vn ¢Menai+ m s''mvu�4iz r r. ftA6. xlm: wwl�'t».t`' Ix"iEii`ot'c,'Iawxw o'+m°•'Ye e.. iz.., "d` -f fz leve A. lu."va4 xAexia. un wn wv¢ a. 1 MYSµK�M��5 4 JUSxG rAMUG Sr:i EN.Y � _ uixf.IJiS)-P-PdS � roEINV-� :NS ¢ SUA VYx4m ndt[ nrlan--ll Xloniamnl°I rvo >v mm I tol xx+nmPlrs E Y'iLEWiLP�e .L1�iorei 6v IYv anw>� x uulF nl¢ eu ntL6�w s�sx° - �'o uivuse`�°aJP �'� ivTM•:lsN mx4 -- - aE NI uvc rex Ex! rtew � wuM�ufEF[M �lnrt'a� DDi n�C wiM rxVR n - LLw fPN mnrx•"ui cnalloeaLsuuixr o ei'rau` n,xax`Tu'' oi5u'w+m - ¢ pu mtJtrcx slE �u catx ul a•vn �`fsr nt rx!'ruur KKL µGSVitu �cF ExECFINewU7 �x �Nq �vumGm.NW mvwu°— o�rcm:�°lifcs L nc xtvrvlo a1IL m'I19xNxn F%NM .101— _ z �Mxa>xE1�4v�L dtrtn +W.I fK YEOErtn' Sr1114 5lxlc'✓.nu M'o w1 rx weeeN Swi PtNP[ foN MT mBrsBnuu Iwo n6euvasv Dr Mtmxo rtnAt X. CARTNWORN ANO C%PACTIGN . A Y KWML` M Epp Spx W W. EL aµcq P.� uy yyp ry ¢ 54>ON. )xt wnw Peuur wax <n waNr AxvrANxx'Pls prxnln! ax� oro µ4 OmIX Nvnwx, huW M'¢x nEgi z¢E n >xi.Es -.xEn sxu eE tt rxxxuzm M .wxzD a -I¢ ra m� lij [I+'ryr e�r5i i �nEr ur nc rvnxa XI. STORM ORMAOL +t new VfU:t?zL a M flSWFUN vx,PSYA a m afxt za N.vmrxx ucvG>iwaD Ix x¢ m u Pzw. m I"'"nr'4x°Y am mn, wv+AAwur +-V='o+ evua�WuM�risrm. eal�W�i°Ikcaxvvrm nriiu'.�.Wx4 l�wwT�i.)..IMsl±nrt'41w�-u - .x AM, 0 4-�,� •t PDIAK,tP ro Dtt a +: aw,x,x �r ,-.xucx ui � �„ anGn xx.,.P.x xm.�fx .PL, +m.eP w I.me xD, ro LARN Suu1 xpnrc wL lee4 4'[a CG1TgoL PmUtzr lrouslM.x Eailis ¢wx !P All. STORD DRAINAGE M#E-TRITATMENT/EXPII-TWNON SYSTEM gPISN. rMr fx<WI�IEMO�VI�M TMNL A:i4PM d1+Wlll Owa �M. slaal [E smafn ib PMm M M�E�mE� �.¢ _ _Nv! La � peMClPros neoov teevxD My vpE Esrc�IT rml� �at�P�m lS�.rcYro)IIF IgnNKF STWCWiE. MaxxrlEu ret s — To —In raxl mt nm.a: m mUMI GI "'At" TP KGp¢u XIII. GPAVING �i•.xtEa+.xwwo wnm' Pvu °F rnxNEm6 wxx to mE eAn6nWE-xt'i pr tv miuw I' a.Llt.wo wt¢, Jo pLvs - ]. COMNtuc'IM't Otl%zlwOwfl'C1E�pR GN4c[D M cpx5lRfGKx' SMAS K pxrcrtAT 96tpfA rt m[. c. axxltrep m wmxD pA,nc+.;. E¢ LNfilxe TJ¢ r rpf flWa nE to PYT lwL•KS mxday EaP6 w mFvxs. tr5ue>P pc roa uuE�a, 5lfc ce..mLa¢awro{w� � ! -W Y iuK NR�M�tSF turM•Nip-5. vxa;p vc W:SiwK. mvr: 'GAIL �t'� milET[ xrS lu�u.'S zpxxli6. Bf � .RL+f➢�6f N�f)�. wr%I4RL[[x'd T'0 'N �'. _ Mtwi r`van i'xW'�'t mlLTs mrriroriG ME:q AV npl�'ivN¢SIYi cU J. Y Nlt lwYu I-!Gt cWt W.c ME+IA.D], sFocw-. r apDc oa`M a u.:tiAv°!ix �z.Ero .' :65:1af w a auDr mrE umr. �N�D%MS ,,z v¢t¢dIWVC:IAW tf%.MmL #• rw..A Mc Mo s�iwl [ CaWuE to rz �cN Yml>N f' 4T15. rls:s aeENA NaW n• �9/WL Y t xXEaW WxOf�m � nF Ian. S¢ssNluw Md, RCroI .» n5 G¢crto ¢ ne mNx elDllnC m f -00.r. YI)tEJq KxF�+ A¢Laft„� uxxLntWfn Nei >aVIiW rc NK�r� . 6+MWiA. NA/pi nl� ary ar�arciMv NFU w SNW: w zxiW m 1. vh neN PP.1. xE�xD°n�i"PUT. yWIL mPI—. X:oNmaoG r L[ro[n'�E YIOmtF�NFH4 °i FicYGivir'�u.' Wl T�»I¢��NC�jlg11(111 rMUx::0 XM. SIGNING AND k4IWI4G ni d�4x�lz' 1NITC fnW iao++s'gr'xx�M�¢eCPu A.ahNE"MENT/GROUTING OF EXISTING AIPING rynu'f¢ :o V. `nvAWx[4 TAOMN• Ix ttu[ 3xxi rtr. wRs �Lxttnm ,Alx t ,'1115° r nuWC• rvW Yxi�) W NYGr ka tt .rte ✓ inF Pu.C°6C tM nn _ B¢ xV•^� xt > [tl4Mnu 4zr'IS[iNArylwmaef rt5 rr5 ST,tGS VFK'fm Of PtFKx Yli. a Pe vx 5 KI'xfz DNJ,fr. ro rr2s.YAro¢ xu :n�vi.WikbuiD txmrls. uwz ID aro,uv- [5 CKSW4°YIC>--ttf✓yr'IwVOSC 'Mo mmraM a �SvbWt�n Ox MYJ.fi.D 4#FlKlfix re r u . I mtxz. va pr upixutTs mulac us G%wTzrzc l'# TTxAt uWwv) wwe xv_vAn[ c. PPuftL cw,rN, t lyp. A¢ t. wL[ EtMmlc ¢Kfvexr fYtw'F En RE Metl>Lee CPllpy YFJJO 49n Yetn4 omniivaus °iax� ¢ Or is W sA rVun45 o- x rtx Pvtnx iK trcy.c axc.,m nwEL l.t. to vR a, w x S��R K:.wT wtwa xm W �m.D rtlFKwn ar�au6 ¢u�alurxxaunn¢vx ;wc uuuls vsE TY xlhyf[wtPDxi sMW.G t BLLCIq')pyL E�xGr'4g16, E¢I�14 .A �. ° - ” r i Huai CM/ALT' F 1K p.WiO�£W YCeft °iW.' �txD.z'f. of f011ul[. tPNiP.OPSIK TP x 0.apWf Dm r i a in P IW!<rgv a n sunm. • a u bCH SFCpGI a npL4x[ IS —D fu'u%zrD Kms xPn f14u ri &GU'.:. I. xG[S ou tplEz g'NA strvwrox. A yryrom yxEas xie [�DrcwPlx�er�x¢ in wrtxlMxw�x vwruni IeeEtuo twmMorwau • unwtscx'��eusv mem :Nns m� xxx wmi I[ . nvw la _ e"�b�4iD'wsi e' [Goem opu ON w_PiyrWLt pwtu'm ♦ unwu cuK'�, 1% 1 zn=T �'x`� `� E�:14Mm"5':Ln"E:n U. KxIIWx Ep�4 N.s u ;.m awL t; xwMANm p nx=Mtr tr m uzs vEcs x 5 xpr :pcso.F .c xm).xo-romNxRUMm, M»wrex. rxs wtu w.x v65E bt :wn a /.>�n exzm,xtax ax ew uxmsU� uT nr. romcu F yr bma xxlxtt KSAMaro uum^n A� . bTw�r a rn'rrafs x wsautt NpMi.k.R.atuuE s4 cloi wNbv Wfl� wExi¢ a (A �vp ¢.ywW.� rnv aasgs.[.uur awrx un ni tL.rW Wµt ry nEu GENERALNOTES RELOCATE F.H. m.. ASSEMBLY nxXxxTr>; L.4wrTxx "—�-'"'--'��"P•YA :';"... ... S.E 3P ' 4IA �—� Iw �41Niffi A 18 ( , Pw M .f+w'-� •,� i". : ifii. e. LUIIBYY j ry 4- D.D.G. BACKFLOW I Y' PREVET•ITOR ASSEMBLY vcuislslinlmEY &MNIESE CONNECTION y, TYP FIRESERVICE) ' Tn wiu i ..i. •-d Fi::i •[ '§'cul"' � { } e e �! cwToasnslN a- HIM 1316 �._ 1LYX ELotS.OD 1NV.P1=12 y W.P!!9'6 r Ow BEND 111 LF-fYXOPE SLEEVE E C. , . rrorvrnwduTV Lure �vlrx 6"WTAPPING SLEEVE +I •--_ _ _-$WITH 4- D D C (NOT TO SCALE) '¢t Ab. fnv y 15 Inc +sftWG -- SERVICE d4HDP LEGEND: H� CONNECT RODp f OQulEdti, �� DkwINA aE INTO M I Y � _I � � MnNMOLE Cpp•pIIICSCAL.E� U fj�rS.E. 3RD AVENUE nee 32d 'LM'CUOI ri11NE,41'Bt iTaacnnuV Y_ mt+u%a /H NM-F-wnr CLC ds SeL't«at GW+ICTF elDCX smn.�tulx O i g c S CPP LT9 — L - tµ':X1 dT Cd— v lDAMl E-1 IAI EL=fG,00 C3 CONNECT Hoath D—GE INTO gNHOLE 1K✓. EL: 120gN„ WPRB•e rt�tf�18'�DPEI t { I nw 6"WTAPPING SLEEVE +I •--_ _ _-$WITH 4- D D C (NOT TO SCALE) SERVICE LEGEND: H� f cot E -I 2 . RELOCATE F.H. Eumlace4NLlw�roi,e •-• Cpp•pIIICSCAL.E� U fj�rS.E. 3RD AVENUE nee 32d 'LM'CUOI ri11NE,41'Bt iTaacnnuV Y_ mt+u%a <ONc; Y�1.K 0 Ti CwTLX &18W�' ;D _ itlM EL e18.00 -1 ITrv. EL-lzugc) NOTE: CONTRACTOR TO FIELD VERIFYEXACT LOCATION, SIZE, AND DEPTH OF ALL EXISTING UTLITIESATTIME OF CONSTRUCT ION AND REPORT I b _ 4 DISCREPANCIES TO PILLAR CphISULTANTS, INC. .._. t.._. — .. _ __ — ...... .._ tuAMTaitAia-_ __ _ _. OTE: ANY TREES OR SHRUBS PLACED WITHIN WATER, ____.......... _......i,:,._.-_._.x.,� � SEWER OR DRAINAGE EASEMENTS, THEY SHALL (CONFORM TO THE CITY OF DELRAY BEACH STANDARD DETAILS; LD 1.1 & LD 2,2,.,••— �--I0 SE. IST WOO 1 �tll SE NA SIXFkT �. S U LOCATION MAP (NOT TO SCALE) LEGEND: H� 0. r omDtn vxwav E -I 2 . ,D w Door venE DTnJ4 9eCCgOS eDOx U /H NM-F-wnr CLC ds SeL't«at GW+ICTF elDCX smn.�tulx O i g c S CPP LT9 — L - tµ':X1 dT Cd— v �4 ri a nHE xouvrs w¢ rk x IR ,¢,TE d .^a, a O EI wu'r� scwex N=H.wle G�iTlf WS�x � X."%� - 1HHIPD5E0 J£WTDx itw J9LcwN ( 0• fir b � 3 14, V 1 E x6 � s W- g PATE 9/ZQ/7Z ' 1 tM�l Gi COMPOSITE PLAN-- ixla4 GRADAIC SCALE (atrml t I Y �xr'�is�c°nan fl? I! i. JND Mme.„_ nalLUnaN/fIIOH�aN cgilnOL IMM (119- it II' l EROSION CONTROL PIAN I 1201GA BJ! r Wi uyl�.�lvlF �� eFiyn ! . x At aiFs f I �. `x�ITMIs GFA: xL* FCIFR AF6R I,SBY a,w i. 'RKid ,7 PiuP9 FMBs:.Saii PBprt aJ i W W. rIB APNaPi�u`rmv i' m,e rznFr °'oi n"i `.i._�"icld:oiic ¢��'t' " ern` irs MraN'i xGo- �li u�POJaV;a1l1G5112 rxllcsu H�q ,='o q �,,.. w' H otP 9 ARiO, ��Iwix at�e've tiro Wk Alt\ MTti Eiw& p Gyp m`:`F-ixArl 0"F,in izani'co ro u . rn<i. �� w �: ilnP :. l¢,Ffan 4 A ali rum A:nu Nsi L�nim Be Ways (00 Gli. F uxurn IJ:ICRO A WAu"CNd iD rrn IB b 1 anxl BiNF,IICASn4 M U JI mlkPf i MF! ?U"iGMfel fiIXL P031 yfAtl'ti4 M Yi�iM FLr ry.0 U} nas CO pl w11P Aral irtWn B' jni P.7 un, mi wpirA rnAiwo uo� aF mcx rx w,awn. S 0R,1 T.ANBAFB, S,FYICNroI PIFFP. aASAc'MyS� lx WBA u£N. flBniBF RxG: 9+011. S usWO a �'n�rv�+u - _ FAi lfrs: �i ixor`a uN�iwva,t�� r"4a ni 4Aa i:AkKxr B"I x (a W) wa O.u, }�..xrxc xNc ixFprr .0 I l YCM/ ABMT IIH P'SCFNni Fw.GaIV vxi>!s & MC 91X+Bpq MBB1N lILIFN Fd99i2 SUAI. S eIMIfL B0.10Ff0 10 Fx[ inc[. .�F N4oirsMx niL a rcllL Mw .>A I.a dF n_ moara cz (oi a ��F BBM PBSIS Al ��V_WNfiF 60iCK YAiIi IR LNBFIC HBiWk 1 I PO»s pw11i �jeg{� T9X] 91 T �Hff.S �3�y4aC?"fill e�`1N s �,B ff! I{Yka „r0.tNh4,.mP' EROSION CONTROL DETAILS SHEET No, ER -2 120104 rl a 'pl'c53 •, L 1 SCr1L@1i i6•=4'Lp` ®.elan ; I S.E.3RDAVENUE MEN -11 =NINE IN cr- A LU LL 0 U) i. r-a:a wo. wry LP -2 SCALE, VIV - 1--V i CL CL _a LU z M a OR. � 27J LP -3 SCALE Vf6"=,' 0" S 11 W_— PLANT L[3T -'- —�---`---._....,:-=----.._.._.,.___....._.._._._.._.._..------:..__...._.,__._._.._...:_...._u._._..._...:.. NOTES: Kole j .Dimught, aly-13owbat Name l COmmgR,Name �EpaNtlGalbne.. LANDSCAPE CALCULATIONS FORM GENERAL FLAKING REgUIREMENIS TREESIPALIM .. '. .Vi9iNah?rmu a mmMdmm zaaloueasn-eaG'seun. MULTIPLE FAMILY COMMERCIAL &INDUSTRIAL , ___....1._.._.._......-.'.,,,_.,,___.-.______.._.:__-__-____-_.__._......:._...............,...,...,._.. -�_t; ��_-ana[ya MYaF•r+reU,0. nrnpMa� asroM 6 a ca m,Imbaa!2�1Nra/n OF DELRAY BEACH CITY whvnR°I ua:onanxndrr;vtara .0 S tn¢bznMl[1xtW K:eM.2nNagan _ I (hy ' V e Ce•6n aab8tmm: Datgw Glxgnr ea6 FN G wn, 17 X64 7 xenyl. [; 'B Yad -•�,"' C :G.` .µi •�... V....._. JN GyaMMfres zury•IamfAtyO.e arl4.PJ- _ _lag Rem Grran.10'x5.@ , slogs drel9ntl.atler. __ .. _... dLd ONa. Nni ^• �'6e FaIC Gmwn 11 GT ftJ ss I �iL F ry Sn Jkar( ty. a¢s Li vxfi [ms. 3244405.E "MAC. A � • ?Ndn.Pemta #q r90 PNm �lM 11sa3Grt et a2 }� tope 5 V 6 PNcaGa aYhnsgwrd Dat Pm _ eau SleuG B T,t CI na fmn�a fescY ----'� � Y 7 :0.cfa�n,Y a2U,a Oaf ...............___.. NSGaI t% B SC 1 I tl 9 •ro _........ _ - p4 _ ,-� V_..i_ 6 : ,TIMIaK mMaa6/ 1(eX lMKfi Calm.__' ... ... 'pa9 F Itl G'mm 5 DA s Ib+f - — - -.. R lNl V ( e 5hlesa rscetzrFknW*%. 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Win 2i PNP1N' �OtlaeaaM niavOs4tyIN5l POtlautpra :S GaL,efW DA,?OC., use ,. ..... !ae sw,axmM a,baioota vdlNNav rkdttsdtaaaa p_rsN_, rs'°M��.:_.._ ._. • J. Ben:re.pd'.µyt__'?l Oesed,Cas)I.n.... .........._. TGYyS R6lehi,iilM�f�......_._....... ........ ... .._......... ,08 : M NGsc'af n N7 GNC/ttaMK GON SatlKe PING SGafa 11•DA.7DO. _ 5 +-T-_ ._- v FA }gace6ena saibsrLiaHeeuw 9li � /V dkaaed 3rNF PIaLL" .• . ' �'-'•• • •-__.___._.._._______._ __ u � e6 Tamaaac hneaaa7Fk,taa Gary GMse 'a Q41.,2Mad"OA, 2:OC L I M < .Trarhe m�nm,vtlesMnday!04n:etleNln.Wsein. .3 GG..8d'Pw m, PBnlH as foam. �- w �• _, - -__- ....... ..... ._ --------- 1 ' A L TOFALIYT[RIpR SHADETREES4� M 6LC A ._I IFh m.erstR4NT f$1, ArxtlacNIIC �P01d66M11'_____ _ .. •ma..R>Qi EiIN�MI faMK__•_•.•Y^•-. •'.•-•. �•._ _ _................ SOi i ?516D ea0'1Iz'�' tl..-- L__._, Y 0 _._.._. AT'_.__'-nu�aaum>agsiiu......_...__.'____...._._.-....-_.-_-..._.__-,__--..._....,..•....__.....__.-.,._._..__.. �.• i ... V -__..._«.:Vary OMuIN1701Men:._.. ...._.;.,.L-._..._._..._........._....__... .... .... .... .. ......... ...: REQUIRED NATIVES NOTE 5D% OF ALL TREES REGLIRED TO BE NATIVE. ryuaaaraamec:lwa�smva rwavt.w.. 25% OF AL. SHRUBS d GROUND COVERS P, „•UIRED TO BE NATIVE. OiyufOauq &�a.a ,W adal..ax,eem. rob•. a;. A TDTALLoTAIF7A =Y �i�:` 34alaFat- - a¢s Li vxfi [ms. 3244405.E "MAC. S STRUOTUACS,PA(00NG,WALNWArS,auue +iiia Fent= ' Ipkmis ETC, aquavBx,w. amaccwand,N dennna tNtrcds»'. W,IequdrCaxnaeob63dexartici ax54Wcetr Nenmr 78,4138.R LSAC. _ C C•(A-S) i.&Icae Fl#.m ITOTALPERV.O'JSW2EAm atlmbru aesonxvawan. Atxra tnnra'•,emY+tiixuxapc. 9GueltarmaWY:ott.tiNXanaN{eeenrk nabN: N;a6eFwea41 70,971 SF. 1.15K. D AREAOFSHRUBSAND GROUND Da(Cx.30( squxlefeet- ODYERS REQUIRED rnd::rerN'+zmtbetl NbF.sa,CP::aAarc lNtic{aloirwo.nm! .2,3525 S.F. E j,OF SHRUBS AND CROUID Sq -Rd= ,AREA 'CDVERSPROVIDED lalalan mdat a e mNm,mdunNNnea.;mgxldo,.•w,.Nea 7942S.F, . F NATIVE vEGEEATION REQUIRED .. --_ Fe(D i[.25) Squm Feote ' frau pemNM, uca<rmrlaaeasntaaar+x+aa�a4a:NvmNs 588.15SF. G Nur EVEGETATIONPROVIDED Sqw r m. 6L0•S,F.' R TDIALFAVEDIVEKICULARL18tAREA "Sgcalc Fc'= 10SF - I TOTAL INTERIOR. uv1DSACPE AREA ia(Hx.10) .8%,reFee, - REQUIRED OSE J e OTAL INTERIOR tANDSICPEAREq -- Sq:Me P..! PROVIDED 0 SF R TOTAL I•NTEPJIAP.SK40E TREES k.(11125SF.) TREES- gE{]U!RF.D A L TOFALIYT[RIpR SHADETREES4� M _,._..,^�.. �..� TREES= . PROVIDED 0 M TOTALUrIcWEETSURROUNDING �.• UXEAR FEET— PARKING OR VEHICUTARUSE AREAS • 1,300 Non R.-128 Ras. N TOTAL NUMBER CF PCRIML•:E.R N=; M130 ), N={Bl2c)4' TRBES=48 TREES REQUIRED �ryranvtNpapMyaletiie'stialuro tsnlxl Rat-5Res. D TaTila NUMBER OF PERIMEFiT _-- TREES= (TREES PROVIDED SOY P jTOTALNUf8ER0FEWnNGTREE' TREES= TDBESAVEDCNSII'E 0 Q TOTALNUMSEROFNATNEIiREES _ Q+((KYN)x S0) TREES•^ ' RECIJIRED 24 R TOTAL NUAISER OF NATIVETREES �— 7pmm. PROVIDED 30 $ TOTAL NUMBER OF TREES ON PLAN TREES• PROVIDED ' 94 IIaIXtm+x'a4M•hdb/paT+Yct{emrrsao.'S.BNFoic 11 a' 1 [ =Y �i�:` teT�asasvfsnetlO.•Gra4satl&aMaasbFvdalN'SryP:'Y�Y aM 'GmdnaM:Ir:dagstr Fx�Htvylnet Mvmtrntsrtrirsblitl i u ? } q T a¢s Li vxfi [ms. I a • . � • Nlaertnuneasr<waar atlM4 rhNarwK,dtxa• +iiia cstatlor7emmemrto+aaa MI nad Fam•t�'m„rN. +]e aquavBx,w. amaccwand,N dennna tNtrcds»'. W,IequdrCaxnaeob63dexartici ax54Wcetr Nenmr 1..•, .'•:aa" ��"* aaf fsmroWawY.e. �'ag - u mnrmwaee aaN eNsauaeNNNaLN aNs NNt rfro Fa,tre a%La atlmbru aesonxvawan. Atxra tnnra'•,emY+tiixuxapc. 9GueltarmaWY:ott.tiNXanaN{eeenrk nabN: N;a6eFwea41 -- dwmiuefeaaRtC4'•JmTKaL,1,i • *�r:NN<an+Japv,resasysysawxnNmboaamlrcarroaN _.y�. &,cN-�r rnd::rerN'+zmtbetl NbF.sa,CP::aAarc lNtic{aloirwo.nm! =vaubwwr Parh. AI Wte,P,lnas9;a Es0anttdwW3a1(GNReNa'sY.3n1Y.d4un lalalan mdat a e mNm,mdunNNnea.;mgxldo,.•w,.Nea w'PmssbaktNMansrdbcnced AlYhn'mnlei0tdmlt Nax�NwluMNdilrte DOcna4roary frau pemNM, uca<rmrlaaeasntaaar+x+aa�a4a:NvmNs ykN gal N L>h w6h W. vmsn ty y, Vle. A1bC®wanalanrreazfhJlhinalaib/afugauL '::stnJrtay% ,apls9:ePra miswawrrmailwseesNNs. asr e,smlm alfaled L^ ite3 on n y N x•,as'sm::nm h•M!aam eM Mvwax S,dnb ava,Gar.ahawa'utOz¢. EaneydamafelMhalalai.Mha 2h Nn>rarW meGlryo'mz bMr{aa dntrgN9lNwe A:a:ef rsw �m,yan�azaHasa, .la�ss,y hs hras#waaarry ar �m waaeaaerrw,ai: antvaamrq,latra.'uarsaevaarammrxnaw:lw,+al wNdy NlrtaTk:rs�vWl>u+mMrars.IMlnlinMok+naaanit nWJlmybwae(xar NaanY4prenam Van4es<anJW Ms Iwl tllsGxwyi. s:paMtrw:sl mtllubsaxovainh,;tna,,It+mtu�saac,�.Nvae xa roniLYREttaiblifyf,�•pn'tKeitttroCJ4a'atltmeNsln inma IMJ(gxti0. sri NtenUcgun stalmaemmrm'aa-nlyu rxnaasrNr$ swmchsu. ONM aere.y*.:vnrplxn0ann6[NwaNW.:wra aM»XaPieR petesymeemaeFlttY +N en1.e•AirgeeNxY.•LnaM utas 0 asrbmnnira. NNNt,Nags:dka'e i,disdamPewaMWlNa twrq>n seat aytNaY a,nxmticavpvryd'ani,lros!YOIIGraa. m.FNaetavreNaeraeasu FIST#- SPcCIALINSTRUCnONS sacra 1caMsan, yaareua I ad;DTNdt6rywwnrvmaeFsM ,musMr. II bti'le5ikgarin9aM OffitlmcNe knmii;uy d,al ne va,BmMLk w.arvvxmrvcvr. Akmaama uinamka0:Lw9taaM da„ iMlnaioabd:yawm nnla0n, 5._ Nryv.Ue 135nani apaxY. IISMI'x NClNpreNtyd Ih I,aMS�pta>eM:bidudnN Nstid, W repardanY®aaii<nnayk hlNXdtron Nek,tsagakNlblMa4efi'ac. , Al prOhibaea>periec uiell be eudo;m lwnfha Nte _ 9W uM IMpyOn nball bx wmdoO witlin rhe pnpmea a��'•' "�' YOUtAAYDEDUCT THE WIDTH OF ALL ACCESSWAYS AND THE LENGTH OF ANY Ita�remrV,e dvno-er+aay aalxummthearccetty ono. ell lenAVEHICUTAR USE AREA IS SCREENED PER �p nlY RAETERIANDSOAPE SYRIP(S)WHERE: namac.a o„n5x am'me at wsi:a m};,tchez In BY INTERVENING BUILDINGS AND CANNOT BE SEEN FROM THE RIGHT-OFZ1.'P .01011,�iaaa emt,ac decap< W6W6ars OR ADJ Pvr 6etxoen all lx�rSped x,eea (hat sae t+'It t _ stat ACENT PR OP ERTI 7:A5 , E3 . :ye- w,,,•,,, ,�arnrn ro slannr ue vaso e•Is�cn w,ts,g rn •a C ,�.4•^r•-.� V r -;"' I { I AMtrnwS Ntlwtathet ae plawo.Atbt wear. sneNtxrw J gtlr51na8ecaeG'wafd a*W.14. lOmtta.Pe P� MIK_5: y ro' i N61asy � _ , �'� G,nl'i a4fo'tl Cows FWSNg Oaatl Clly Of Delray eetnOh ahndattl tlaalN, Yee Am l q[ckc i x'�;;�;•r..A�:v:.s�ersr.:.: � ,rGs'xax��r----'_•••` _ 't8 yam, .m am aammfan wmarorlNs nhenl. Fes ' �t.,�,eJ�.:,..:.-�0 mmtW atvs•ra.N.x•1a n00reamR+ttO .xl ` .. •• �`ra:Jm`..r' - "V-�`f CITY OF DELRAY BEACH TYPICAL __},y�' �y`':• �+t..... .: •w.r'S,,�M'6^^"-_'"^..."T.i�-_'-;�;,C�t'F`„::T '-","'.`cc- �,, T,REE'rVITHAND'MTHOU7 'k '^t•- •» >�•i< _ - .., _� �� ROOT BARRIER DliiA4_S 'r=i'..•`� .:«:.9. F�� -Y: ' ,..:... � Kx9lF-.-. �C _ -�, :... -• _ -'-•_ oar PummQ Deun•� J.aQm l.� Plsx:aG Dmun ryptrsl Fuc; sa+=`•s .e Fu,fmm amen Gm«sea e.Nu ,r �4q I L 11 - 1 " j T I .5— -4M Photomctric Plan BMW ... ............... . .. . .. ................. .. . .. . i O'E." San qg—, I:._.—_.-.......... ..... L4 4w, 140TOMETRIC PLAN PH -1 RIM,=X)NES 140TOMETRIC PLAN PH -1 MEMORANDUM TO: Mayor and City Commissioners FROM: Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 10.C. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 CONDITIONAL USE REQUEST/ SOFA BUILDING #2 ITEM BEFORE COMMISSION Consideration of a conditional use request to allow a residential density in excess of 30 dwelling units per acre (64.7 du/acre proposed) on property located on the west side of SE 2ndAvenue and south of SE 1St Street in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). The request is in conjunction with the SOFA Delray Building #2, a proposed 55 -unit residential development. BACKGROUND The proposal involves a 0.85 acres site which includes: the south 7' of Lot 9, Lot 10, Lot 11, Lot 12 and the north 37 feet of Lot 13, Block 78, of Delray Beach. The conditional use request is associated with the establishment of a 55 -unit residential development, known as SOFA Building #2. The development proposal consists of the construction of a four-story residential building with a 97 -space parking garage on the ground floor; installation of 6 parallel parking spaces along SE 2nd Avenue; and residential dwelling units on the second, third, and fourth levels (55 dwelling units in total). The development will include the installation of an amenity deck with extensive planting material, trellis areas, a spa, and a shallow water feature with lounge chairs, fire pits, outdoor dining areas and barbecues, a fitness - exercise room, a club house, a children room, and restrooms, all located on the 2nd floor of the building. Conditional use approval has been requested to allow a density in excess of 30 units per acre (64.70 du/ac is proposed). A detailed description and analysis of the proposal is contained within the attached Planning and Zoning Board staff report of November 19, 2012. The conditional use also includes a waiver to LDR Section 4.7.9(i), which requires that the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units over the total number of units from the limit of 30% up to 54.5%. This waiver request will be considered as a separate item at this same City Commission meeting. REVIEW BY OTHERS At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing in conjunction with the conditional use request. Presentations were made by staff and the applicant. There was testimony presented from the public all in support of the project. The Board had discussions regarding the appropriateness of conditional use request for an increased density on the property. After their deliberations, the Board moved a recommendation of approval for the conditional use requests to allow a density of 64.70 du/ac on a unanimous vote of 5-0, by adopting the findings of fact and law contained in the staff report. RECOMMENDATION Move approval of the conditional use request to allow for a density in excess of 30 units per acre (64.70 du/ac) for the SOFA Building #2, 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 Sections 2.4.5(E) (5), 4.4.13(I) (Performance Standards), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the Planning and Zoning Board Staff Report which include: a. That a siteplan be processed to accommodate all conditions listed below; b. Provide a contribution of approximately one-half the cost of a bus shelter to be paid prior tc site plan certification; c. Provide a secure storage area for residents' bicycles, such as lockers; d. Modify the site plan to provide one additional parking space to meet the parking requirement of the project; e. A note shall be placed on the site plan to indicate that a minimum of nine and one-half fee (9.5') of height in the parking garage is provided to allow the access of handicap vans; f. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation; g. A plat must be processed and recorded prior to issuance of a building permit; and h. Provide verification from the Palm Beach County School District that the project will mee school concurrency. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #2 ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request to increase the residential density of the project to 64.70 dwelling units per acre for the SOFA Building #2 development, located on the west side of SE 2nd Avenue, south of SE 1St Street, has come before the City Commission on December 11, 2012. 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for the SOFA Building #2 development. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsections I and II. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A-1: This objective requires that the property shall be developed or redeveloped as it pertains to height, in a manner so that the future use and intensity is appropriate in terms of soil, topographic, and other applicable physical considerations, is complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. Future Land Use Map: The resulting use of land or structures must be allowed in the zoning district within which the land is situated and said zoning must be consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency: Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS: a. LDR Section 2.4.5(E) Required Findings: (Conditional Use): Pursuant to Section 2.4.5(E)(5), in addition to provisions of Chapter 3, the conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Will Section 2.4.5(E)(5) be met? Yes No b. Increase in Density. Pursuant to LDR Section 4.4.13(1), an increase in density greater than 30 dwelling units per acre may be approved by the City Commission as a conditional use for property within the Central Core portion of the 2 CBD, provided that 20% of the residential units above 30 dwelling units per acre in the commercial core shall be workforce housing units. The workforce housing units shall be divided between low and moderate income levels and shall be provided either onsite, offsite or through a monetary contribution. 1. The applicable performance standards for development under this section are met as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. In projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. (e The development provides common areas and/or amenities for residents such as swimming pools, exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards or similar areas and/or amenities. (f) The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. (g) The development provides opportunities to share parking, accessways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, NE 1St Street or SE 1St Street contain nonresidential uses on the ground floor. At 3 least 75% of the surface area of the front street wall(s) at the ground floor area of each such building is devoted to display windows and to entrances to commercial uses from outside the building. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. Are these requirements met? Yes No 3. The comments and notes set forth in the staff report are hereby incorporated herein. 4. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use request was submitted. 5. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 6. Based on the entire record before it, the City Commission approves denies the conditional use request set forth above subject to the conditions set forth in Exhibit A, attached hereto and made a part hereof, and hereby adopts this order this 11 th day of December, 2012, by a vote of in favor of approval and opposed. ATTEST: Chevelle Nubin City Clerk L! Nelson S. McDuffie, Mayor EXHIBIT A TO THE CONDITIONAL USE MODIFICATION REQUEST FOR SOFA BUILDING #2 a. That a site plan be processed to accommodate all conditions listed below; b. Provide a contribution of approximately one-half the cost of a bus shelter to be paid prior to site plan certification; c. Provide a secure storage area for residents' bicycles, such as lockers; d. Modify the site plan to provide one additional parking space to meet the parking requirements of the project; e. A note shall be placed on the site plan to indicate that a minimum of nine and one-half feet (95) of height in the parking garage is provided to allow the access of handicap vans; f. Modify the site data on the site plan to utilize the post dedication site area for the open space calculation; g. A plat must be processed and recorded prior to issuance of a building permit; and h. Provide verification from the Palm Beach County School District that the project will meet school concurrency. PLANNING AND ZONING BOARD CITY OF DELRAY BEACH MEETING DATE: November 19, 2012 ---STAFF REPORT --- ITEM: Conditional Use requests to allow a residential development with a density in excess of 30 Units Per Acre (64.70 du/ac Proposed) within the Central Business District (CBD), for the Sofa Building #2 project (Quasi -Judicial Hearing). GENERAL DATA: Owner/Applicant............ Agent............................. Location ...................... Property Size ................. Future Land Use Map.... Current Zoning ............... Adjacent Zoning North: South: East: West: Existing Land Use.......... Proposed Land Use....... Sofa Building#2 Henry Handler, Weiss, Handler & Cornwell P,A. West Side of SE 2nd Avenue, Approximately 80' South of SE 16t Street (124, 138, &158 SE 2nd Ave.) 0.85 Acres Commercial Core (CC) Central Business District (CBD) Central Business District (CBD) Central Business District (CBD) Central Business District (CBD) Central Business District (CBD) Vacant land. Multiple Family Residential Water Service ................ Available Via a service lateral connection to the existing 8" water main located within the SE 2"d Avenue right-of-way. Sewer Service ................ Available Via a service lateral connection to the existing 8" sewer main located within the west alley rig ht -of -way. Z 0 Z A V E. S.E. 3RD 1 1 A T L A N T I C Ld Z Q w U.,> _... ffIIII S.E. 1ST 4 S.E. 2ND Z 0 Z A V E. S.E. 3RD 1 1 The action before the Board is making a recommendation to the City Commission on the following request for conditional use approval pursuant to Land Development Regulations (LDR) Section 2.4.5(E): ❑ To allow a residential density in excess of 30 dwelling units per acre on property located south of N.E. 2nd Street and north of S.E. 2nd Street in the Central Business District (CBD), pursuant to LDR Section 4.4.13(D)(12). The request is in conjunction with the SOFA Delray Building #2, a proposed 55 -unit residential development located on west side of SE 2nd Avenue, approximately 80' south of SE 1St Street. The proposal involves a 0.85 acres site which includes: • The south 7' of Lot 9, Lot 10 and the north 53' of lot 11, Block 78, Delray Beach (0.425 Acres); • The south 23.5' feet of Lot 11, and Lot 12, less the south 23.5 feet of said Lot 12, Block 78, City of Delray Beach, formerly known as the Town of Linton (0.236 acres); and • The south 23.5 feet of Lot 12, and the north 37 feet of Lot 13, Block 78, of Delray Beach. At its meeting of November 21, 2005, the Planning and Zoning Board approved a rezoning for five different parcels involving the 0.85 acres site from CBD -RC (Central Business District — Railway Corridor) to CBD (Central Business District). At its meeting of December 13, 2005, the City Commission approved the rezoning request for the subject property from CBD -RC (Central Business District — Railway Corridor) to CBD (Central Business District). Former development on the properties included a one-story 4,410 sq. ft. retail store building, built in 1962; a 5,508 sq. ft. warehouse distribution facility, built in 1959; and a one-story 1,440 sq. ft warehouse structure, built in 1961. All three structures were demolished in 2006, and thus, the site is currently vacant. A conditional use application has been submitted for an increase in density to 64.70 units per acre. This conditional use application is now before the Board for consideration. The development proposal incorporates the following: ❑ Construction of a four-story residential building with a 97 -space parking garage on the ground floor; installation of 6 parallel parking spaces along 2nd Avenue; and residential dwelling units on the second, third, and fourth levels (55 dwelling units in total); ❑ Installation of an amenity deck with extensive planting material, trellis areas, a spa and a shallow water feature with lounge chairs, fire pits with outdoor dining areas and barbecues, a fitness -exercise room, a club house, and restrooms, all located on the 2„ d floor of the building; ❑ Installation of a loading area located to the east side of the property along SE 2nd Avenue; ❑ Installation of sidewalk with decorative paver blocks, two bicycle parking facilities, and associated landscaping. Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina #2 Based on the review of the preliminary site plan submitted, the development proposal also includes the following seven (7) waiver requests: 1. A waiver to LDR Section 4.7.9(1), which requires that the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project_ The waiver request is to allow the increase in the percentage of one bedroom units over the total number of units from the required 30% to 54.5% 2. A waiver to LDR Section 4.4.13(F)(4)(c)(2), which requires that from a height of 25' to 48', the required building frontage along SE 2nd Avenue setback a minimum distance of 15' needs to be a minimum of 191' (70% min. of the lot frontage 273'x0.70=191'). The applicant is proposing a building frontage of 150'-4" setback at 15' minimum_ Thus, the waiver request is to allow a decrease in the required building frontage setback at 15' minimum from 191' to 150-4" and to allow an increase for the remaining length of the building frontage setback at 5' min. from the required 82' to the proposed 1214". 3. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires the minimum stacking distance between a street r -o -w and the first parking space in a parking lot with more than 51 spaces shall be 50'. The waiver request is to reduce the required stacking distance for the two west alley access driveways from the required 50' to 20'-4". 4. A waiver to LDR Section 6.1.3(B)(1)(f), to reduce the required width of the sidewalk in the Central Business District along SE 2nd Avenue from 8'-0" to 5-0"; 5. Pursuant to LDR Section 4,6.18(B)(14)(iv)(2), the minimum transparency or glass surface area on the ground floor of all non-residential buildings shall be a minimum of 75%. The waiver request is to reduce the minimum transparency or glass surface along SE 2nd Avenue from the required 75% to the proposed 11 %. 6. A waiver to LDR Section 4.6.16(H)(3)(d) which requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'-8" landscape buffer at the rear of the property adjacent to the alley, which is 1'4" less than the minimum requirement, thus a waiver is requested. 7. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses, thus a waiver is requested. Waiver ## 1 will be considered with this Conditional Use application and approved concurrently by the City Commission with the Conditional Use. The remaining 6 waivers, which are site plan related, will be considered by SPRAB during Site Plan review. A recommendation by SPRAB will then be forwarded to the City Commission for final action. r CQNI3 lQiaiAL US>= ANALYS�S:.z..,....k ;..,� REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. 2 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina #2 FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation. The subject property has a Future Land Use Map (FLUM) designation of Commercial Core (CC) and a zoning designation of Central Business District (CBD), which are consistent with one another. Pursuant to LDR Section 4.4.13(D)(12), multiple -family dwelling units at a density over 30 units per acre are permitted through the conditional use approval process, subject to substantial compliance with the performance standards identified in LDR Section 4.4.13(1). As discussed later in this report, positive findings can be made with respect to the referenced performance standards, thus positive findings can be made with respect to FLUM consistency. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Drainage: Preliminary engineering and drainage plans have been submitted with the proposed development. Drainage will be accommodated via floor drains on the ground floor of the parking garage that will then connect to an exfiltration trench system. Therefore, there appears to be no problems anticipated in accommodating on-site drainage; however, the Engineering Department does have technical comments regarding drainage that will need to be addressed at the time of site plan approval. Based upon the above, positive findings with respect to this level of service standard can be made. Parks and Open Space. The Open Space and Recreation Element of the City's Comprehensive Plan concludes that "The City will have sufficient recreation facilities at build -out to meet the adopted standards". A park impact fee is collected to offset any impacts that the project may have on the City's recreational facilities. Pursuant to LDR Section 5.3.2, a park impact fee of $500.00 per dwelling unit will be collected prior to issuance of a building permit for each unit_ A total fee of $27,500.00 will be required of this development for parks and recreation purposes. Solid Waste: The proposed 55 dwelling units will generate a total of 28.6 tons of solid waste per year (55 units x 0.52 tons = 28.6 tons)_ The Solid Waste Authority has indicated that its facilities have sufficient capacity to handle all development proposals until the year 2047, thus a positive finding with respect to this level of service standard can be made. Streets and Traffic: The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. The TCEA exempts the above-described areas from complying with the Palm Beach County Traffic Performance Standards Ordinance. Therefore, a traffic study is not required for concurrency purposes; however, a traffic statement is necessary to keep a record of trips approved in the TCEA and for calculation of traffic impact fees. A traffic statement was submitted noting the generation of 32 AM peak hour trips and 49 PM peak hour trips to the roadway network. Water and Sewer: Water service is available via service lateral connections to an existing 8" water main within S.E. 2nd Avenue right-of-way. Two (2) fire hydrants presently exist along S -E. 2nd Avenue: one at the northeast side of the property and a second one on the east side of SE 2nd Avenue r -o -w. Sewer service is available via service lateral connections to an existing 8" sanitary sewer main within SE 2nd avenue right-of-way. Pursuant to the Comprehensive Flan, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at 3 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 build -out. Based upon the above, positive findings can be made with respect to this level of service standard_ Schools: 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 a written finding of approval from the School District is attached as a condition of approval. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in LDR Section 2.4.5(E) (5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies that are relevant to the Conditional Use applications were noted: Future Land Use Element Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. There are no special physical or environmental characteristics of the land that would be negatively impacted by the proposed residential development. The development will be complimentary with the future surrounding residential and commercial developments (Saxena White, The Mark, and the Boueri Office Building) and will provide a customer base for the businesses on a year-round basis, which in turn will provide economic stability and growth for the downtown area_ In terms of fulfilling remaining land use needs, the Housing Element of the Comprehensive Plan states the following: "One of the most important objectives of the City's overall housing policy is the establishment of housing in the downtown area. In the years since adoption of the 1989 Comprehensive Plan the downtown has changed from a somewhat sleepy, seasonally oriented shopping district to a vibrant year-round retail, service, and entertainment area with an active nightlife. A critical missing element is a significant housing development. The City recognizes the importance of providing housing in close proximity to shopping, employment, and transportation, and the need to have a residential base to support the businesses in the downtown area" The proposed SOFA Building #2 will help to fulfill this stated land use need by providing 117 additional dwelling units in the downtown area in close proximity to shopping, employment and transportation, and is therefore consistent with this policy. Future Land Use Element Objective C-3: The Central Business District (CBD) and surrounding neighborhoods, including A -1-A, Seacrest and Swinton Avenue represents the essence of what is Delray Beach i.e. a "village by the sea". The continued revitalization of the CBD is essential to achieving the overall theme of the City's Comprehensive Plan by managing growth and preserving the charm. The following policies and activities shall be pursued in the achievement of this objective. Future Land Use Element Policy C-3.2: The "Downtown Delray Beach Master Plan" was adopted by the City Commission on March 19, 2002. Covering the downtown business 4 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Building #2 districts surrounding the Atlantic Avenue corridor between 1-95 and A -1-A, it represents the citizens' vision for the growth and unification of Delray Beach, while still retaining the "village 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. The following excerpts are from the Downtown Delray Beach Master Plan: On page 36 - "Increasing residential density is absolutely crucial to ensure a healthy and lasting life to the Central Core District. The residential component will be the element that will make the Central Core District evolve from a high-end leisure area for a few, to a true downtown that serves the needs of the community as a whole. It will be the factor that induces the proliferation of services for locals, today very scarce or even non- existent." On page 38 - "In order to maintain the overall "Village Atmosphere" of the City, but at the same time create enough density to encourage a variety of local services and a more balanced mix of retail in downtown, the Master Plan's recommendation in all the reviewed cases consistently supports higher densities within the CRA's downtown district, especially in the four blocks north and south of the Avenue. It is this Plan's additional recommendation to include a minimum density requirement in the zoning code. Within the downtown area, low, suburban densities will cause more harm than slightly higher ones. Within a downtown area, density is directly associated with the health and success of downtown." As noted above, increased residential density is crucial to the long-term sustainability of the downtown. The proposed conditional use will allow a residential density of 64.7 units per acre on the subject property. This increased density equates to an additional 30 units over the base density of 30 units per acre. The development proposal will locate a total of 55 residential dwelling units of various floor plans and sizes within the downtown area. The residents of these dwellings will be able to walk to shops, restaurants, cultural areas and parks. They will interact on a regular basis with storekeepers and employees, and their neighbors. They will get to know the downtown much more intimately than the majority of Delray residents. They will play a major role as participants, in and contributors to, the downtown area community. The SOFA Delray Building #2 development proposal is consistent with Future Land Use Element Objective C-3 and Policy C-3.1 as it will facilitate the continued rehabilitation and dynamic revitalization of the CBD zoning district. Transportation Element Policy A-1.5: New residential projects over 25 units and nonresidential projects over 10,000 square feet adjacent to existing or future Palm Tran bus stops shall provide an easement and install a city -approved bus shelter on site. If the project is not adjacent to a bus stop, or a bus shelter already exist, a contribution shall be made to the City in -lieu of providing the bus shelter on site. Currently, the Palm Tran Route #81 (Eastbound Atlantic Avenue) serves this site along SE 15' Street a Palm Tran with an existing bus stop at the southeast corner of SE 1 st Avenue and SE 1st Street The development should contribute toward the provision of a bus shelter at this location. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A-1.5. 5 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 Transportation Element Policy D-2.2: Bicycle parking and facilities shall be required on all new development and redevelopment. Particular emphasis is to be placed on development within the TCEA Area. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA), which encompasses the CBD, CBD -RC, OSSHAD, and West Atlantic Avenue Business Corridor. Bicycle racks have been provided in the garage at the north and south end of the project. However, this does not completely address the intent of the policy, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking. While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage. For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. This requirement will be addressed as part of the site plan review process. Subject to it being addressed at that time, the development will comply with Transportation Element Policy D-2.2. Open Space and Recreation Element 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. The City may require a monetary contribution in -lieu of the provision of on-site facilities where appropriate. This policy may be waived for projects in the downtown because the City recognizes that households located in the downtown are likely to have fewer children than those located in suburban settings. Furthermore, land in the downtown is at a premium and it can be cost prohibitive to provide land intensive recreational features such as tennis courts, volleyball courts, etc. However, the proposed development does provide recreational facilities on the second level of the four story building for its residents which include an amenity deck with extensive planting material, trellis areas with removal fabric, a. Jacuzzi, a spa and a shallow water feature with lounge chairs, fire pits with outdoor seating and barbecue, a fitness -exercise room, a clubhouse, restrooms and a kid's room for younger residents. Other recreational, cultural and open space opportunities located in proximity to the SOFA Delray Building #2 development include Veteran's Park, which contains a large playground and recreational area; the Municipal Beach; Currie Commons Park, which includes a baseball field and playground; the City's Tennis Center; and Old School Square Cultural Center. As playground areas are located close by (Veteran's Park and Currie Commons Park) and other facilities are available on site that can be utilized by children, such as the pool and game room, the intent of this policy has been met. Based on the above, it is appropriate to partially waive (tot lot) this requirement to provide these services entirely on site_ Housinq Element Objective B-2: Redevelopment and the development of new land shall result in the provision of a variety of housing types and other amenities (i.e. bike trails, parks, sidewalks) to accommodate the diverse economic makeup of the City's demographic profile, and meet the housing needs of all residents. Policies which will implement this objective include: Housing Element Policy B-2.2: The development of new adult oriented communities within the City is discouraged. New housing developments shall be designed to accommodate households having a range of ages, especially families with children, and shall be required to provide 3 and 4 bedroom units and activity areas for children ranging 5.1 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 from toddlers to teens. This requirement may be waived or modified for residential developments located in the downtown area, and for infill projects having fewer than 25 units. While the proposed development will not be restricted to occupancy by adults only, it is acknowledged that downtown dwellings are not typically occupied by families with two (2) or more children. To appropriately address the market demand, this development will primarily accommodate single adults, elderly and young professional couples. The development will provide a mix of efficiency (studio units), one (1) and two (2) bedroom units. It is noted that the applicant is seeking a waiver to increase the percentage of one -bedroom units from a maximum of 30% to 54.5%. Staff does not support a one -bedroom mix of greater than 50% in the project. However, it is, appropriate that the requirement to provide three (3) and four (4) bedroom units be waived under the provisions of this policy_ Housing Objective A-11: To assist residents of the City in maintaining and enhancing their neighborhood, the City, through public input and notification, shall take steps to ensure that modifications in and around the neighborhood do not lead to its decline, such as those described in the following policies. Housing Policy A-11.3: In evaluating proposals for new development or redevelopment, the City shall consider the effect that the proposal will have on the stability of nearby neighborhoods. Factors such as noise, odors, dust, traffic volumes and circulation patterns shall be reviewed in terms of their potential to negatively impact the safety, habitability and stability of residential areas. If it is determined that a proposed development will result in a degradation of any neighborhood, the project shall be modified accordingly or denied. As noted previously, the residents of this development will aid in the revitalization and economic stability of the downtown area. The introduction of additional residential dwelling units will increase safety of the area by introducing more nighttime activity and more "eyes on the street" as a deterrent to criminal behavior. While the development proposal will result in additional 32 AM and 49 PM peak hour trips onto the surrounding roadway network, the number of daily trips generated will not negatively impact the area. Based upon the above, the development proposal will be consistent with Housing Policy A-11.3_ LDR SECTION 2.4.5(E) - REQUIRED FINDINGS: Pursuant to LDR Section 2.4.5(E) (5), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: (a) Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located, (b) Hinder development or redevelopment of nearby properties. The following table identifies the zoning designations and uses that are adjacent to the subject property: 7 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 The surrounding CBD (Central Business District) zoning designation in the north, south, east, and west is the same as the subject property. Pursuant to LDR Section 4.4.13(D)(12), multiple - family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2"d Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood_ A potential concern has been raised regarding noise associated with the adjacent Kevro's Art Bar. Soundproofing measures should be considered during the site plan review process to address this issue. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 64.7 dwelling units per acre. The applicant is seeking an increase in density above 30 units per acre (64.70 units per acre)_ In order to grant the increase positive findings with respect to LDR Section 4.4.13(1) need to be made. LDR Section 4.4.13(1) - Performance Standards. These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. N. Zoning. Use: North Central Business District (CBD) Food Processing Manufacturing Company South Central Business District (CBD) Kevro Art Bar and Night Club East Central Business District (CBD) Stores/Office/Residential West Central Business District (CBD) Future Site of Saxena White Office Building The surrounding CBD (Central Business District) zoning designation in the north, south, east, and west is the same as the subject property. Pursuant to LDR Section 4.4.13(D)(12), multiple - family dwelling units, excluding duplexes, are permitted through the conditional use approval process at a density greater than 30 units per acre on property located south of NE 2"d Street and north of SE 2nd Street, subject to the standards and limitations of LDR Section 4.4.13(1). The proposed residential development will be compatible with the uses that prevail in the neighborhood, will not hinder development or redevelopment of nearby properties, and will not have a detrimental effect upon the stability of the neighborhood_ A potential concern has been raised regarding noise associated with the adjacent Kevro's Art Bar. Soundproofing measures should be considered during the site plan review process to address this issue. The additional residents at this project should improve the stability of the CBD downtown neighborhood by increasing the number of "eyes on the street" in the neighborhood. The development activity should have a positive effect on redevelopment of neighboring properties. By adding to the downtown customer base, the additional residential development will also help to encourage a variety of local services and a more balanced mix of retail downtown. Based upon the above, positive findings can be made with respect to LDR Section 2.4.5(E)(5) for the conditional request which further support an increase in density to 64.7 dwelling units per acre. The applicant is seeking an increase in density above 30 units per acre (64.70 units per acre)_ In order to grant the increase positive findings with respect to LDR Section 4.4.13(1) need to be made. LDR Section 4.4.13(1) - Performance Standards. These standards shall apply to all applications for new development and modification of existing developments which would result in a density greater than 30 dwelling units per acre. (1) The maximum permissible density of a particular project will be established through the conditional use process, based upon the degree to which the development complies with the performance standards of this section, the required findings of Section 2.4.5(E), and other applicable standards of the Comprehensive Plan and Land Development Regulations. Notwithstanding the above, the approving body may deny an application for increased density where it is determined that the proposed project is not compatible in terms of building mass and intensity of use with surrounding development. All eligible developments to use these performance standards shall provide twenty percent (20%) of the residential units above thirty (30) dwelling units per acre in the Commercial Core or twelve (12) units per acre in the West Atlantic Neighborhood as Workforce Housing units (fractions shall be rounded up). The workforce housing units shall be divided between low and moderate income levels and shall comply with other applicable provisions of Article 4.7. The units shall be provided either onsite, offsite or through a monetary contribution or as noted in LDR Section 4.7.2 c. N. Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 There are 55 dwelling units proposed within the subject property (0.85 acres). This equates to an overall density of 64.70 dwelling units per acre (55 units / 0.85 acres = 64.70 du/ac). The base density allowed is 30 du/ac which equates to a total of 25 residential units (0.85 acres x 30 du/ac = 25 units). Pursuant to LDR Section 4.4.13(1)(1), to support the increased density, 20% of the residential units above thirty (30) dwelling units per acre shall be workforce housing units. The applicant is requesting an increase of 30 units above the 25 units allowed (55 — 25 = 30 units), which requires six (6) moderate income workforce housing units (30 x 20/100 = 6). Pursuant to the City's Workforce Housing Ordinance, 6 of the proposed 55 units must comply with the regulations of Section 4.7 and remain affordable for a period of no less than 40 years. The 6 workforce housing units must be clearly depicted within the building floor plan levels (with a note to this effect to be included on the site plan) or the workforce housing covenant [LDR Section 4.7.6(a)] include a provision that complies with Section 4.7.9(o) and conveys authority to the City of Delray Beach to monitor rental of the workforce units. This requirement will be addressed during the site plan review process. The development is located in the CBD zoning district, which allows the residential density to exceed 30 units per acre subject to conditional use approval. The analysis with respect to LDR Section 4.4.13(1) [Compliance with Performance Standards] and other relevant section of the LDR is provided below. (2) In addition to the standards and requirements set forth in subsection 4.4.13(1)(1), above, the applicable performance standards for development exceeding twelve (12) units per acre within the West Atlantic Neighborhood or thirty (30) units per acre within the Central Core are as follows: (a) The development offers variation in design to add interest to the elevations and relief from the building mass. Building elevations incorporate several of the following elements. diversity in window and door shapes and locations; features such as balconies, arches, porches, and design elements such as shutters, window mullions, quoins, decorative tiles, or similar distinguishing features. The proposed architecture style includes various elements of Floribean influence such as aluminum trellis with fabric, silver aluminum frame widows, masonry walls with score lines, 42" high cable aluminum railing, cantilever balconies, shaped parapets at different height intervals. The various roof lines are well articulated by stepping back as much as 15'-0" from the front facade of the building 41' from the rear fagade of the building. This contributes to a reduction in the perception of mass, provides a variation in design and adds significant visual interest to the elevations. In addition to the step backs and offsets provided, the architectural elevations of the structure also incorporate diversity in color, four different shapes of windows and two door shapes, two different types of covered balconies, decorative aluminum grill/vents, decorative balcony railings, and exposed concrete overhangs, and decorative brackets. The rhythm and proportionality of the architectural treatments creates an appealing presentation. Based upon the above, the development proposal will be consistent with this performance standard. (b) If the building includes a parking garage as an associated structure or within the principal building, the garage elevation provides unified design elements with the main building through the use of similar building materials and color, vertical and horizontal elements, and architectural style. Development of a portion of the ground floor perimeter adjacent to street rights of way is devoted to window displays or floor area for active uses such as retail stores, personal and business service establishments, entertainment, offices, etc., is encouraged. 9 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 The development proposal does incorporate a parking garage on the ground floor of the structure. The building materials utilized with the parking garage are architecturally consistent with materials utilized on the upper levels of the structure in terms of texture, color, and vertical and horizontal elements. Access to the parking garage on the ground floor is from the rear of the building with two separate ingress/egress located both on the west side (alleyway) of the building. The west side of the building reveals the parking area as part of the elevation with a unified architectural appearance featuring six (6) horizontal aluminum grill panels separated by decorative brackets. The parking garage elevation (west elevation) will consist of six equally spaced openings separated by structural columns with a smooth stucco finish (painted) over C.M.U. and six (6) horizontal decorative aluminum grill/vents. The openings will permit ventilation and natural light to enter into the parking garage. The east side of the building presents the parking garage as part of a unified architectural style that features a simulated stone base walls, with 4'-0" high walls for the openings, two exposed decorative concrete overhangs, and six decorative art installation with aluminum frames which makes for a visually attractive ground floor parking garage. The proposed development is not located in a retail corridor and consequently the perimeter areas of the ground floor adjacent to street rights-of-way are not devoted to display windows and/or entrance to office/retail uses. Based upon the above, the intent of this performance standard has been achieved. (c) A number of different unit types, sizes and floor plans are available within the development. Two and three bedroom units are encouraged, as are a combination of multi-level units and flats. in projects consisting of more than twelve (12) dwelling units, the proportion of efficiency or studio type units may not exceed 25% of the total units. There is no maximum percentage established for projects having twelve (12) or fewer units, however, a mix of unit types and sizes is encouraged. The proposed development includes one and two bedroom units as well as efficiencies. Living areas vary among units between 586 to over 1,206 square feet_ Some units have terraces while others have balconies. There are eight different unit types in the fifty-five (55) units proposed. However, the proportion of efficiency or studio type of units represents 27.2% of the total number units while this performance standard calls for a proportion of no more that 25%. Based on the above, this performance standard has not been met. (d) The project design shall create an overall unified architectural character and image by the use of common elements between the building(s), parking lot, and landscaping. Examples of some features that could be incorporated to meet this standard are: freestanding light poles and exterior light fixtures that are decorative and consistent with the architectural treatment of the building(s); pedestrian amenities such as benches, shaded walkways, and decorative pavement treatment, that are similar in forms, colors, materials, or details as the architecture of the building(s); focal points such as public art, water feature/fountain, courtyard or public plazas designed to connect different uses along a continuous pedestrian walkway; or a combination of similar features that meet the intent of this standard. The applicant has indicated that the development exhibits an overall unified architectural character and image by the use of common elements along the different parts of the project. Decorative light fixtures, the landscape promenade, and decorative pavers are some of the common elements that add character to the proposed development_ In addition, the amenity deck is a focal point on the west side of the structure above the parking deck. 10 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 The step backs, offsets, and balconies provided along the facades will allow large amounts of natural light via different window shapes, which include floor to ceiling windows in some locations. Also, individual laundry facilities will be provided as standard items. Based upon the above, the intent of this performance standard has been achieved. (e) The development provides common areas and/or amenities for residents such as swimming pools,. exercise rooms, storage rooms or lockers, covered parking, gardens, courtyards, or similar areas and/or amenities. The development proposal provides for most of the above referenced amenities, such as an amenity deck with extensive planting material, trellis areas, a Jacuzzi, a spa and a shallow water feature with lounge chairs, fire pits with outdoor dining and barbecues, a fitness -exercise room, a kid's room, a club house, and restrooms located on the 2nd floor of the building. Based upon the above, the intent of this performance standard has been achieved. Additionally, residents of the SOFA Delray Building 2 project will have the opportunity to utilize the recreational amenities at SOFA Delray Building 1. (� The development promotes pedestrian movements by providing convenient access from the residential units to the public sidewalk system. Pedestrian areas adjacent to the building are enhanced by providing additional sidewalk area at the same level as the abutting public sidewalk. Accessways to parking areas are designed in a manner that minimizes conflicts between vehicles and pedestrians. The public street or streets immediately adjacent to the development are enhanced in a manner that is consistent with the streetscape in the downtown area (i.e., installation of landscape nodes, extension of existing paver block system, installation of approved street lighting, etc.). The proposed development is inherently a pedestrian friendly project. The project proximity to Atlantic Avenue and Swinton Avenue will result in a pedestrian flow to the commercial, entertainment and cultural activities in the downtown area. Sidewalk areas around the project will be re -built thereby recreating the current pedestrian experience along the project edges. The project will incorporate the extension of the existing paver block system in the downtown and the installation of approved street lighting and street furniture. The development proposal provides safe and efficient pedestrian movement with convenient access provided from the residential units to the existing public sidewalk system and parking areas. Pedestrian areas adjacent to the building have been enhanced by providing sidewalk areas at the same level as the abutting public sidewalk. Also, access to the parking lot has been designed in a manner that minimizes conflicts between vehicles and pedestrians. Landscape islands in the public right-of-ways, and brick paver sidewalks enhance the public streets adjacent to the proposed development_ Based on the above, this performance standard has been met. (g) The development provides opportunities to share parking, access ways, driveways, etc., with adjoining properties, or provides additional parking spaces that may be used by the public. The development proposal will provide four (4) new parallel public parking spaces along SE 2nd Avenue that could be used by the public as an additional parking opportunity. Based upon the above, the intent of this performance standard has been achieved. (h) Projects fronting on Atlantic Avenue, NW/SW 5th Avenue, N.E. 7st Street, or S.E. 1st Street contain nonresidential uses on the ground floor. At least seventy-five percent (75%) of the surface area of the front street wall/(s) at the ground floor of each such 11 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina #2 building is devoted to display windows and to entrances to commercial uses from outside the building. The frontage of the subject property is along SE 2nd Avenue and thus, this performance standard is not applicable. (i) The landscape plan for the development preserves and incorporates existing native vegetation (where available), provides new landscaping that is in excess of minimum standards (in height and quantity), demonstrates innovative use of plant material, improves site design, provides useable open space or public plazas, and maximizes available areas for pedestrian interaction. If necessary to achieve this standard, the project may exceed the maximum setback area on the ground floor. The landscape plan for the project is in excess of the minimum standards. It demonstrates an innovative use of plant material in the design and provides useable open space and maximizes available areas for pedestrian interaction. The project offers a variety of vegetation and paving interactions. Based on the above, this performance standard has been met.. Of the Nine (9) performance standards outlined in LDR Section 4.4.13(1), the subject development proposal complies with seven (7) performance standards (a), (b), (d), (e), (f), (g) and (i). Performance standard (c) has not been met and Performance standard (h) is not applicable. Given this level of achievement with the performance standards it is appropriate to grant the requested increase in density. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a sketch plan was submitted which staff has reviewed. It is noted that the conceptual plan is insufficient to conduct a complete analysis of the Land Development Regulations. if the Conditional Use is approved, a full site plan submittal complying with LDR Section 2.4.3 will be required. Based upon staffs review of the sketch plan and site inspections, the following analysis is provided. Open Space: A minimum of 10% non -vehicular open space shall be provided for all development in this section of the Central Business District. Although the site plan data indicates that 12.5% has been provided, the right-of-way dedications were not considered in that calculation. Since open space must be based on the post -dedication site area, the site data must be revised to consider the dedications. This requirement will be addressed during the site plan review process. It is noted that with the dedication areas eliminated, the open space increases to 13.2%. Building Setbacks & Frontage Requirements - Design Guidelines: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.4.13(F)(4)(c)(2) will be required_ This LDR Section requires that from a height of twenty-five feet (25') to forty- eight feet (48'), the required building frontage has to be setback at a fifteen foot (15') minimum for seventy percent (70%) of the lot frontage which is equivalent to 191' along SE 2nd Avenue. The applicant has proposed to provide 150'-4" along SE 2nd Avenue which is 40'-8"' less than the minimum requirement. This waiver will be addressed during the site plan review process. 12 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina ##2 Off -Street Parking: Pursuant to LDR Section 4.4.13(G)(1)(e), the parking requirements for residential units in multi- family structures located within the CBD are to be provided as follows: Type of Unit Total No. of Units Spaces per Unit Parking Spaces Required Efficiency unit 15 1.0 15 One bedroom unit 15 1.25 18.75 Two or more bedroom unit 25 1.75 43.75 Guest parking for the first 20 units 20 0.5 10 for units 21-50 30 0.3 9 for units 51 and above 5 0.2 1 Totals 98 Ninety-eight (98) parking spaces are required for the proposed development and 97 spaces have been provided within the parking garage. Although four (4) on -street parallel parking spaces will be provided along SE 2nd Avenue, these spaces cannot be counted toward the total requirements. Thus, this LDR requirement has not been met and one additional space should be provided. This requirement will be addressed during the site plan review process. On Street Parking: Four (4) parallel on -street parking spaces are being provided along SE 2nd Avenue. The survey of the property does not depict any existing parallel parking spaces on the west side of S -E. 2nd Avenue. Although available to the general public, these spaces will help meet the shorter term parking requirements of residents and guests of the project_ Compact Parking: Pursuant to LDR Section 4.6.9(C)(1)(g), up to 30% of the required parking for any use may be designated for compact cars. The development proposal includes thirty (30) compact parking spaces located within the proposed ground floor parking garage. This represents approximately 30% of the total required spaces, thus meeting the requirement. Handicapped Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction_ Accessibility for residential structures is also covered by the Federal Fair Housing Act. Under the provisions of these codes, accessible parking must be provided at a rate of 2% of the spaces required for the residents. This equates to a requirement of two (2) accessible parking spaces (78 x 2%). The requirement for non-resident guest spaces is addressed in the Florida Accessibility Code for Building Construction. Under this code, the twenty (20) guest spaces will require one (1) additional accessible parking space, for a total of three (3) spaces required for the proposed development. Since two (2) handicap accessible parking spaces have been provided, this LDR requirement has not been met. The site plan must be modified to provide the additional accessible space. Additionally, the Florida Accessibility Code for Building Construction requires the height clearance of the handicap parking areas to be nine and one-half feet (95) high to allow the access of handicap vans. A note to this effect shall be placed on the site plan. Both of these requirements will be addressed during the site plan review process. 13 Planning.and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan require that a bicycle parking facility be provided. The subject property is located within the City's Transportation Concurrency Exception Area (TCEA)_ Bicycle racks have been provided in the garage at the north and south end of the project. However, this does not completely address the intent of Policy D-2.2, which, as expressed in Goal Area D, is to provide a mechanism to encourage alternative options to automobile travel. Bicycle racks provide limited security which is better suited to short term bicycle parking_ While this is appropriate for visitors and short term stops by the residents, it is not appropriate for longer term storage_ For the use of bicycles to be encouraged, residents must feel that their bicycles are secure. Since adequate storage is not provided in the residential units themselves, it is recommended that a secure storage area, such as bike lockers, be provided for this purpose. As noted earlier in this report, this requirement will be addressed during the site plan review process. Lightinq: A photometric plan consistent with the requirements of LDR Section 4.6.8 and a light fixture detail has been submitted for the development proposal. If the conditional use is approved, the photometric plan shall be reviewed for compliance with the LDRs during the site plan review process. Bus Shelter: As noted earlier in this report, pursuant to Transportation Element A-1.5 of the Comprehensive Plan, the applicant shall provide a contribution of approximately one-half the cost of a bus shelter prior to certification of the site plan. This requirement will be addressed as part of the site plan review process. Minimum Residential Floor Area: The following table indicates that the proposal complies with LDR Section 4.3.4(K) [Minimum residential floor area]. There are 18 efficiency dwelling units that range in size from 586 square feet to 650 square feet-, 18 one -bedroom dwelling units that have 778 square feet; and 22 two- bedroom dwelling units that range in size from 1,049 square feet to 1,206 square feet. Based upon the above, this LDR requirement has been met. i� r f j J Standard Provided Tota�� + Go"jance j .}Regrem�t�^�-}r:, T' , _, Dwell in ;rti n�t_T . e _- `..,._, ,; . ,:._}_. . ;_ ,. �; __..' -{...r. ; . r Efficiency 400 586-671 15 • 1 Bedroom Units 600 774 15 2 Bedroom Units 900 1,049 — 1,286 25 • 3 Bedroom Units 1,250 NIA 0 4 Bedroom Units 1,500 NIA L 0 Vehicular Stacking Distance: Staff review of the preliminary site plan indicates that a waiver LDR Section 4.6.9(D)(3)(c)(1) will be required. This LDR Section requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 20'4" of stacking off of 14 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 the adjacent alley, which is 29'8" less than the minimum requirement. This waiver will be addressed during the site plan review process. Loading: Loading for the project is provided on the south side of the property in the right-of-way of SE 2nd Avenue. While this is more appropriate than accommodating this function within the parking garage, the City Engineer must approve the utilization for the City's right-of-way for this function and assure that the design does not create an unsafe situation. This will be addressed during the site plan review process. Sidewalks: Pursuant to LDR Section 6.1.3(B), an 8' sidewalk shall be provided on the Central Business District. The applicant is requesting a waiver to allow for a reduction from the required 8'-0" wide sidewalk to a 5'-0" wide sidewalk along SE 2 d Avenue. This waiver will be addressed during the site plan review Sight Visibility Triangles: Pursuant to LDR Section 4.6.14(B)(1) when an access way intersects a public right-of-way, triangular areas shall provide unobstructed cross -visibility. The area on both sides of a driveway formed by the intersection of a driveway and an alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the alley right-of-way and the third side being a line connecting the ends of the other two lines. Visibility triangles for the two access driveway points along the west have been depicted to comply with this LDR requirement. Right -of -Way Dedication: Pursuant to LDR Section 5.3.1 and Table T-1 of the Transportation Element of the City's Comprehensive Plan, the ultimate right-of-way width for S.E. 2nd Avenue is 60' and only 50' of right-of-way currently exists. For existing streets, the City Engineer, upon a favorable recommendation from the Development Management Services Group (DSMG), may require r -o- w dedications or grant reductions in right-of-way widths. However in this particular case, the applicant shall provide 5' feet r -o -w dedication along SE 2nd Avenue. The site plan and landscape plan already depict the 5' feet ultimate right-of-way width dedication required, and thus, this LDR requirement has been met. 16' Alley: Pursuant to LDR Section 5.3.1(D)(2), the required width of an alley is 20'. Further, pursuant to LDR Section 5.3.1(D)(3), additional right-of-way width may be required to promote public safety and welfare; to provide for storm water management; to provide adequate area for street trees; and to ensure adequate access, circulation and parking in high intensity use areas. The applicant has chosen to voluntarily provide an additional two feet (2') of right-of-way along the east alley. The proposed site plan, landscape plan and civil plans currently depict the two foot (2') right-of-way dedication. Thus, this LDR requirement has been met. Street Improvement Obligations: Pursuant to LDR Section 6.1.2(A) (2) (a), when a street or alley is located on a boundary of a project, the project is responsible for providing one-half of the current costs (in cash funds) of such improvements along its property line. When access to the project is provided from a local street and/or alley, then the project must provide appropriate traffic lanes meeting requirements of Section 5.3.1(C) in order to provide continuous paved access from the nearest paved street or alley to the subject property in addition to the improvements on its side of the center line of 15 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 the right-of-way. The alley (16 feet right-of-way), which abuts the east property line for the subject property, is only partially improved at present. The alley must be improved to its maximum width including the 2' that will be dedicated. Therefore, based upon the above, the project is responsible for payment of the full costs of improvement of the alley, which will be addressed during the site plan review process. Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. A note to this effect has been placed on the site plan. Plat: As the development proposal includes the dedication of right-of-way for SE 2"d Avenue and the adjacent west alley r -o -w, a plat must be processed and recorded prior to issuance of a building permit This requirement will be addressed during the site plan review process. Refuse Enclosure: Pursuant to LDR Section 4.6.6(C)(1), dumpsters, recycling containers and similar service areas must be enclosed on three sides with vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way_ The development proposal includes a trash room located on the northwest side of the building which provides a dumpster with swinging doors and is accessible from the abutting alley. The applicant has stated that maintenance personnel will transfer the trash to the dumpster. Accommodation for bins for recyciables has been provided, and thus, this LDR requirement has been met. Landscape Buffers: Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.16(H)(3)(d) will be required. This LDR Section requires a minimum five foot (5) landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'-8" landscape buffer at the rear of the property adjacent to the alley, which is 1'-4" less than the minimum requirement. This waiver will be addressed during the site plan review process. Architectural Standards: It is noted that pursuant to LDR Section 4.6.18(13)(14)(v), buildings subject to the Downtown Design Guidelines are required to provide a change in roof design, doors and window rhythm and articulation, and building materials or textures every 150' of building frontage. Minimum spacing between the same architectural compositions shall be 300'. It is noted that the two volumetric variations present on the east elevation (which have less than a 300' separation) can be considered to be sufficient to meet the separation in architectural compositions requirement, and thus, this LDR requirement has been met Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18 (B)(14)(iv)(2) will be required. This LDR Section requires that the minimum transparency or glass surface area on the ground floor of all non-residential buildings shall be a minimum of 75%. The proposed ground floor parking garage east elevation for the SOFA Delray Building #2 does not meet this LDR requirement, and thus, the applicant has requested a waiver to reduce the minimum transparency or glass surface along SE 2nd Avenue from the required 75% to the proposed 11 %. This waiver will be addressed during the site plan review process. 16 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina #2 Staff review of the preliminary site plan indicates that a waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) will be required. This LDR Section requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. This waiver will be addressed during the site plan review process. Waiver — Maximum 30% One Bedroom Units: Pursuant to LDR Section 4.7.9(i), the total number of one bedroom units in any qualifying project shall not exceed 30% of the total number of units in the project. The waiver request is to allow the increase in the percentage of one bedroom units (including efficiencies) from the maximum allowed 30% to 54.5%. The applicant has submitted the following statement to support the waiver. "The project includes 15 one -bedroom units and 15 efficiency units, for a total of 30 units that could be considered one bedroom. Although the number of efficiency and one-. bedroom units exceeds the above referenced provision, the program for this project is to provide attainable housing units to serve single persons or young couples or families who cannot yet afford to purchase a unit but desire to live and work in a vibrant downtown area like Delray Beach. Providing a greater number of efficiency units will best serve the target market. Approval of this waiver will allow for development that will provide attainable rental apartments in the downtown area that is attractive to a variety of people desiring urban living. This development will provide residents the luxury of living in close proximity to a lively downtown with employment and entertainment opportunities at attainable pricing, meeting the budgets of many diverse age groups, providing additional patrons for area businesses and furthering many of the goals of the City" Pursuant to LDR Section 2.4.7(6)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The SOFA Delray Building #2 project appears to target a specific segment of the population which includes young single professionals and young emerging professional couples with possibly one or two children. While this may be appropriate for a downtown residential development, the shifting of the market as a result of the downturn of the economy has forced a high number of foreclosures in the housing market decreasing in turn the home ownership index and thereby generating an increase in the demand for rental housing. While rental housing is in high demand, many displaced families previously owned two (2), three (3) or four (4) bedroom homes. These families are now seeking affordable housing solutions for their families which will need to accommodate a four to six person household with children. The proposed project could do better to accommodate this new market demand_ 17 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Buildinq #2 Assuming that the rental agent for the project will control the number of tenants allowed in individual units based on the number of bedrooms, problems that sometimes result from overcrowding (i.e. crime, vandalism and congestion) should not be a concern. Therefore, the proposed waiver should not adversely affect the neighboring area, diminish the provision of public facilities or create an unsafe condition. The issue here is related to the City's goal to create family/workforce housing. To accomplish this goal, the City created incentives for developers, including allowing additional density in the CBD through the conditional use process. The provisions and incentives of the family/workforce housing ordinance were structured to promote larger units for families, which is why there is a limit on the percentage of one -bedroom units allowed in projects under this program. While some leeway is possible, given the project's downtown location, staff is not inclined to support a one -bedroom unit mix above 50% in the CBD. Since no other projects have been approved above this level, approving this waiver would result in the grant of a special privilege, and a positive finding with respect to LDR Section 2.4.7(6)(5) could not be made. Therefore, staff suggests that the Sofa Building #2 project be redesigned to include no more than 50% one - bedroom units. Since similar residential developments in the CBD have had staff support for up to a 50% one bedroom unit mix, granting of the waiver at this level would not result in the granting of a special privilege, and a positive finding with respect to LDR Section 2.4.7(6)(5) could then be made. Community Redevelopment Agency: The consensus of the Community Redevelopment Agency (CRA) was to recommend approval of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7) du/ac proposed) at its meeting of November 1, 2012. Downtown Development Authority: The Downtown Development Authority (DDA) reviewed the development proposal at its meeting of November 12, 2012. The Board recommended denial of the Conditional Use request to allow a density exceeding 30 dwelling units per acre (64.7 du/ac proposed). Courtesy Notices: Courtesy notices have been provided to the following homeowner's and/or civic associations which have requested notice of developments in their areas: ❑ Delray Beach Chamber of Commerce ❑ Delray Citizen's Coalition ❑ Neighborhood Advisory Council Public Notice: Formal public notice was provided to property owners within a 500' radius of the subject property prior to the Planning and Zoning Board meeting of November 19, 2012. Letters of support or objection, if any, will be presented at the Planning and Zoning Board meeting. 18 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Reauest for SOFA Buildina #2 The proposed conditional uses is to allow a density in excess of 30 units per acre within the CBD (64.7 du/ac is proposed). As described in this staff report, the request for increase in density above 30 units per acre, is supportable as the project meets or exceeds the Performance Standards found in LDR Section 4.4.13(1). The provision of additional residential dwelling units within the downtown area will further the long term revitalization and stabilization of the CBD_ The proposed use is consistent with the objectives and policies of the Comprehensive Plan and Chapter 3 of the LDRs. Positive findings can be made with respect to LDR Section 2.4.5(E)(5) regarding compatibility of the proposed development with the surrounding properties for the requested increase in density. It is noted that pursuant to LDR Section 4.4.13(1)(1), despite the fact that compliance with the performance standards is possible subject to the attached conditions, the Board may deny the application for increased density if the Board does not agree that the proposed changes are compatible in terms of building mass and intensity of use with surrounding development_ Based on the preliminary site plan submitted, staff has identified seven (7) waivers associated with the proposed Sofa Building #2 multi -family residential development. Six of these waivers will be considered during the site plan review process. The applicant is also requesting a waiver to Section 4.7.9(i), which limits the percentage of 1 -bedroom units to 30%. Since the conditional use for increased density requires that an affordable housing component be included in the development, the provisions of Article 4.7, "Family/Workforce Housing" must be considered with the conditional use. Staff does not support a waiver to the maximum 30% one bedroom unit mix above 50%. A. Move to postpone a recommendation for the conditional use request and associated waivers associated with an increase in density to 64.7 du/ac for SOFA Delray Building #2 where thirty (30) units per acre is allowed, by choosing to continue review of the development proposal and offer further direction.. B. Move a recommendation of approval of the conditional use request to allow a density in excess of 30 units per acre (64.70 du/ac) for SOFA Delray Building #2, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to conditions. Move a recommendation of denial of the conditional use request to allow a density in excess of 30 units per acre (64.70 du/ac) for SOFA Delray Building 42, 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 criteria set forth in Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations. By Separate Motions: Waiver. Recommend denial to the City Commission for the waiver request to LDR Section 4.7.9(1), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 54.5%, due to a failure to make positive findings with respect to LDR Section 2.4.5(E)_ 19 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOFA Building #2 Alternative Waiver Recommended by Staff: Recommend approval to the City Commission for the waiver request to LDR Section 4.7.9(i), to allow the increase in the percentage of one -bedroom units (including efficiencies) from the maximum allowed 30% to up to 50%, based upon positive findings with respect to LDR Section 2.4.5(E). Conditional Use: Move a recommendation of approval to the City Commission of the conditional use request to allow a density in excess of 30 units per acre (64.7 du/ac) for SOFA Delray Building #2, 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 Sections 2.4.5(E)(5), 4.4.13(1), and Chapter 3 of the Land Development Regulations, subject to the following conditions: That the applicant submit an application for Class V Site Plan Approval which at a minimum addresses the following issues identified in this staff report: a. A contribution of approximately one-half the cost of a bus shelter must be paid prior to certification of the site plan for the development. b. A secure storage area for bicycles, such as lockers, be provided for residents. c. A waiver to LDR Section 4.4.13(F)(4)(c)(2), which requires that from a height of 25' to 48', the required building frontage along SE 2nd Avenue setback a minimum distance of 15' needs to be a minimum of 191' (70% min. of the lot frontage 273'x0.70=191'). The applicant is proposing a building frontage of 150'-4" setback at 15' minimum. Thus, the waiver request is to allow a decrease in the required building frontage setback at 15' minimum from 191' to 150-4" and to allow an increase for the remaining length of the building frontage setback at 5' min. from the required 82' to the proposed 121-4"'. d. Modify the site plan to provide one additional parking space to meet the parking requirements of the project. e_ Modify the site plan to provide one additional handicap accessible parking space to meet the requirements of the project. f_ A note shall be placed on the site plan to indicate nine and one-half feet (95) of height in the parking garage to allow the access of handicap vans. g. A waiver to LDR Section 4.6.9(D)(3)(c)(1), which requires that the minimum stacking distance between the adjacent street right-of-way and the first parking space in a parking lot with more than fifty-one (51) parking spaces shall be fifty feet (50'). The applicant has proposed 204" of stacking off of the adjacent alley, which is 29'8" less than the minimum requirement. h. The City Engineer must approve the utilization for the City's right-of-way on SE 2nd Avenue for a loading space and assure that the design does not create an unsafe situation. Modify the site data on the site plan to utilize the post dedication site are for the open space calculation. A waiver to LDR Section 6.1.3(B)(1)(f), which requires that sidewalks within the Central Business District be provided at a minimum of eight feet (8') wide. The applicant has proposed a five foot (5') sidewalk width along SE 2nd Avenue, which is three feet (3') less than the minimum requirement. k. A plat must be processed and recorded prior to issuance of a building permit. 20 Planning and Zoning Board Staff Report: Meeting - November 19, 2012 Conditional Use Request for SOPA Building #2 1. A waiver to LDR Section 4.6.16(H)(3)(d), which requires a minimum five foot (5') landscape buffer separating a parcel boundary line and a vehicular use area. The applicant proposes to provide a 3'8" landscape buffer at the rear of the property adjacent to the alley, which is 1'4" less than the minimum requirement. m. A waiver to LDR Section 4.6.18(B)(14)(iv)(2), which requires that the minimum transparency or glass surface area on the ground floor shall be a minimum of seventy-five percent (75%). The applicant has proposed 11% transparency along SE 2nd Avenue which is less than the minimum requirement. n. A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b), which requires fifty percent (50%) of the garage portion of the building on the ground level to be dedicated to use for retail, office, entertainment or other non-residential uses. The applicant is proposing zero percent (0%) of the ground level to be dedicated for retail, office, entertainment or other non-residential uses. 2. Verification from the Palm Beach County School District that the project will meet school concurrency. Attachments: • Site Plan • Floor Plans • Architectural Elevations Staff Report Prepared by: Estelio Breto Senior Planner 21 IUC[LARD JONES SofA DELRAY BUILDING 2 ARCEIIIEC7VRF. ) ((�J S.E. 2ND AVENUE Beach, Fl. 33444 U BOrDelray 5 yy' ~ DRAWING INDEX GENERAL NOTES PROJECT INFORMATION�� LANDSCAPErope TsuBa6sloxoPAxr mos,xewmaaclagaxauvls 'rsnswNL4Ruv TreARwlrecn wMExaioxe,oequa.AND ,rnfv aor.vRion umro TEaaaftt.rFAm axxePNPUEe. wua wwaA ��romroga eReMiSEiONA Aae PRP3EM. 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POOENDUKOIOPOPAwNtu MBswPrtNEmaLiNrcnwswNasNar RE Gz1nE rwxOF,xEDRorett. wMPACIUR 61uLLCA0Rww,EAILOVMER«t 1ENPNT wPPUEo xENS.ArroWwPPNA,E,xE ixSLAWnw imOTxEOa+srRw:lNBx &ArEOULF VE^Pr,xESCOPE0P8VOH+1EM$PRIORTOBD9VBM(TAL 615.iM wMgACi0g9rNLLECxEOULFIxOwMOnaRauYAN.yMrN6iewN[RAC10RS EuaxlEN v'END[fla,WOEPECUL1YNtOPAaIORB aro tnEwx,pAttOR9xauNNMA HeUPERYIsaNONa TEwnENEVERuvDPrc MREx�PEPFOPNfu EET rHE CONTRM,Oq sLVCCxTPgcrOP6.vExmm'.wosPE4Ulrri°xIRAGrORSbxouFYPPtlSe WEClACP++DEKCI e, NarswcixnxrRKNRUWDSTOO TT,F UI11Ao ANo^w 1 BE DONENANPATMAax IIIMPP°iEa6MtMLWNMMDW u OM PEGVrA11DN51r1E,ErBSMSMINg INMEEPPOMwU.rIAMDEORI.WSP OFXLOOxMr TONMBWS 6rYLLC°eFOWAroWLONa OT1E „OCMRG,OP9 NLPROtEa11NEUORKOPOn¢RCOm 'T AS AW anrCf5AMT06E E`A BE,WEEN[I1 ftSNNLVEOANOAxv vggx WAWEO CHau BEREDUCEOninE wMMClOq GOSBrGrxEOAwAEixEAKKNMEct AN91xE `i ER9mALEE Tf wLL FBVCNCONNOre. fLI,ETIE('.EWET Or wrx+l Vp iuE,rEus,E6>P�M.W�C SEPRVr eaxFMrN_UNU OIXieTRLKYpN O16EWLE NOB.EIC UNISSSSPEOPpitI PROPOSED PROJECT: 4-STORYAPARTMENT PROJECTWITH SURFACE PARKING AT GROUND LEVEL GOVERNING CODE: FBC 2010 EDITION, FFPC 2007 EDITION, NFPA I UFC FLORIDA 20D9 EDITION, NFPA 101 LSC FLORIDA2009 EDITION ROOF HEIGHT: 41'47 TYPE OF TYPE III (8)- SPRINKLERED CONSTRUCTION: BUILDING DESIGNED: ENCLOSED ZONING DISTRICT: CBD �,��,.r IJF, W �j 6 U 4��W "'zm Eri N'�" Aya W h A p , ` QfA aGq Qvi2 M %•` U rn �fl P W L,� II(/�//J' O CVR COV SHEET LP•1 GROVND FIODR LANDSCAPE PUN 1 SURVEY LP -2 AMENITY DECK LANDSCAPE PUN II LANDSCAPE DETAILS PLAN' ARCHITE TURA ARC SITEPLANlG LEVEL PLAN SP-I,Mi A-1 LEVE L23 AND4 AL2 ROOF PLAN ANO BUILDING SECTION A3 ELEVATIONS UNIT PLANS TGM£TRIC UNIT PLANS PHA PHOTOMEY A-6 UNIT P B A-7 SETBACK DIAGRAM A$ SETBACK DIAGRAM A-9 RENDERINGS CI IL LOCATION MAP - A oym rrDrNsv i°"lei'Ila'DaBM1E St(UN! UE�ICNi.R C-1 PAVING&O PLAN C-2 ENGINEERI DETAILS C-3 WATER SSE P SITE LOCATION ,u .�yR '�'r A," ,.�;J } - r{'_ _ , R i ' ,} •1 C-4 WATER S SEWE DETAILS C-5 GENERAL NOTES 0-6 GENERAL NOTE C-7 COMPO&1E UTILITY PLAN ER -1 EROSI ROL PLAN E-2 EROSIONCONTROLDETAILS WAIVERS REQUESTED 1.) REQUESTINGAWANER FROM LDR SECTION 6.1.3 B 1 TO REDUCE THE S-FOOTYVIDE ( )I )ca) ME COx°gr1YOf MLPR OE AHD NSTA nrIE FATNT P'u aMan KOTROWHERw6E01 Fri c TRAOTw Enrs NeNVPAc,Nafa_=rITAUAiaNINSrRMCrIgrSAWSPEOFE:RM9BILE—E STRCTLr ANOAPea 11111OAPART eF1HF wxmAOToOaNeria >! f v.MgT.L rs.Rrr SIDEWALK REQUIREMENTS ALONG S.E 2ND AVENUE TO ST&. =1111LO, "::��Nx:x°cE°Oi,PPoasm �Fo�rT.uwirsA nEw�iwPnaNvec��HERms°wTrAcmR � r -at 2) REQUESTING WAIVER FROM LDR SECTION 4.6.18 (B)(1a)(1,012) TO REDUCE THE ov�PocEr6,auor, evaarc,xEwMRae,°aaxuLDnnasoE,nf nxcl.TEcrvr*uASE,or'As av Lr N.wREO Pwu.,HE V �4 �� .1 n TRANSPARENCY OR GLASS SURFACE ON THE GROUND FLOOR WALLAREA OF THE BUILDING FROM 76%7016%, FLOA NVa aMALLBE,11LV16E0.lHFSE OTTANTOR sxnuBElPAx6N „EDN,HEOAmER 01, THFcormu PcroRrsxwcvxaaaxf AxoaVAPAmEEauvnF,KEOwPMEM mrugEs wogs mxwrU xPaD.wPF. E,c.FCRa ff'a000roxe.EAa1PG„MDA,E�<couPLETc A` r<eeE ev,xecEnnnv.,E «ocevPauc u+ressmrePwsEaEouxe° ! - .� F' .�{4 /� 12,HE co wRPECOtpAM jWRKDWT axAFETAT POflLUNC£vxrH PrECaxPAcrrmLNEMb. ixEeox,PAc,DasrwLALeoaEPE6Pox6retEwR,MEwNtEC'gOnoafauln u,uExAraMmvePx oo. :• �'> -Y!xi rH' 3.) REQUESTING AWAIVER FROM LDR SECTION 46,9 (D)(2)(.) TO REDUCE THE STACKING fITTI 'AIIIEREsvOxnBrEFOP vcawuaNsrev oRNAn:awswrH T�nEcariaa;TssxuLxor REgEs.vNSRraeoa rnEaoR,veenory aPVAwRTw,eLcseEEH.Ruacv«v reorxieoar,HEovxEaoR Ns ^+t -., DISTANCE FROM 50-P T02li-0'. -P v(s1UNe: 4) REQUEST ING A WAIVER FROM LDR SECTION 4.4.13(D)(12) TO INCREASE THE DENSITY FROM iE `ouGEwu uvwR`wr�EVU4PAOgiD4xW4PCq TOTnEew vNavCEN IWMKOOOxONAPE w,x W va u LLHekKnEu6.rvogox ns nDEAL WnIEss orxfRMRSENorzv ALLCOUlTIZ G : .� r 0 30 UNITSTO 717E ACRE 70 68 UN1T6 70 7HE ACRE. _ ;.” s m o a ,eREF,xS"mgKNwm �Ka� EES a µDa "IT 1 5) REQUESTING AWANER FROM LDR SECTION 4.7.9 (1) TO WCREASE THE NUMBER OF 5) a`''-ruo: o?osRnviceTMieFs.:wouaes eore°a,OeOioxsamRfwmraxar�AVLSAssPeDFEvev A6YRENALOn,H.eO[.�ON ttPA1RCuunBEWnxA,E PawUG1b NBEOtiprd)ANSVrPta,919 aiANGP06 RSLLuaRKCOMRAOTORF1E - ONE BEDROOM ) STUDIO UNITS FROM 30% MAX TD 62% L rAm uLlos6rtF Bu lv xeceefs Ara REou.anaRE PPPO.NHFPEAa0. perEUmEAgGt tECT pEE GNFP9HwEEE�rvOf f FDOFPNY O6CAFnvNPEBMPACIORSINOwrrnlOCKwMNUKKA,ION CLIENT ARCHITECT CIVIL ENGINEER SURVEYOR LANDSCAPE RELATED DEVELOPMENT LLC RICHARD JONES ARCHITECTURE OBRIEN, SUITER AND OBRIEN, INC. ARCHITECT PILLAR CONSULTANTS, INC. 315 S. BISCAYNE SWD. 10 S.E. FIRST AVENUE, SUITE 102 5230 SOUTH UNIVERSITY DRIVE 955 NW 17TH AVE. SUITE K-1 ARCHITECTURAL ALLIANCE COVER SHEET MIAMI FL. 33131 DELRAY BEACH, FL 33444 SUITE 104 DELRAY BEACH, FL 33445 612 S.W. 4TH AVENUE TELEPHONE: 305-533-0002 TELEPHONE: 561-274-9186 DAVIE, FL 33328 TELEPHONE: 561-2764501 FORT LAUDERDALE FL. 33315 FAX:561-274-9196 TELEPHONE: 954-680.6533 FAX: 561-276-2390 TELEPHONE: 954-764.8858 C V m QR nvP. MT fD F"'!2,22, CEMf]M —_ ® 10'A'¢8]2b8IDMt a caxatFTe ]IDs\Y.u.x 0 et.m•A'IbN It60on d1c Fif Hiolu¢e� wwN.avn y caD+PNRmfv. L/uN .LJ � V •� � � � � � � ��. � � W 6lI.N v • � O� $ �y rRCPBRYx uNe pill O � � 19 i : U1PRDPFR,YLtNF lO �6COLIr CL PPACF �1 ; C�<'CWRACTRA 1'�y 19 ,� 12 LonDr 12 rmoscmiftEl¢ R _ f•wtos OONCKxtE nAeFu:D LIA'F -- — _ _ —• � a � ..+.�=• � � -- r�fA�E¢!BA � - — .__. \_ ' Y cx ` • ' IND#:ATF]Bni[o:.v ABOYa PHDMSFDso•umF CD}T SiCLWALK --"'.. .. -� '�� fI rAe.1L1PLP 8lAC8B. .1fllD' t VA(5¢ lATAiLtlLB ¢PAW6 3INDGTftlbAJO[] ¢¢Ld:ATaDx¢n S.E.2ND AVE NUE _ _ xvoxAffr ¢AYbD p�,Ai9m R¢n8Y>11� :'¢W rROP¢RTY LM¢Af ]< M'1•M•R LCCATON. M]XFxY PN-� 1G[ A W I'110vA1, IK'PDRMATIWL Tl•. Site Plan/ Ground Level Plan m N SCALE•, 1�'�-2� 0' 10' 20' 30' 40' T.°V"re �aooueM�nw\'ILsei'o�c��oa�¢�amtaw°o W5 ,ta+DUDNwTTRF I�v]\mxen. LEGAL DESCRIPTION BIKE RACK DETAIL . •ERa aAeKmoxlANlfsewEPlaaa „-tr'�^' 0o w PROJECT DATA z«rP..xxx anor m isrsmiwoFP W a .P «� « PRELIMINARY UNIT MIX ^vr xuBa3lPw�nnnrarat,�A�c.n . Levels 3 And 4 - 20 Units N SCALE: 1"=20' 0' f0' 21Y 30' 40' Levels 2 - 18 Units m N SCALE: 1 =-20' 0' 19 200 30' 40' BUILDING SQUARE FOOTAGE CHART eNNM#FC�'IIPPI &+1NP x4mx Nnn. �aotEYElnx xt,wN 6q Fi. PoVPM IEVEI •c xI,NNN aqR xcSWeaEFOTacE oPi �iu�eRrss uvnrn cEN+wisrai� rtMMc. � eNeuesr>tow m. � �, ISASIIOWN �aaumranomiw.cveme wuarm�es� cnv�nwneevwn.w� may+ em�neNeAraeNMNOzm armngnm. tl its= ffi 3 um+amsamnav�eo v.esffiow Roof Plan N 3CMI,1 "-20' Building Section 3CAU: �■ 1! 1 1 o i��l ■■ ■� ��_ 1 !� ■■ �! r�1■nom �nin� !1 ■� ! 1 _� 1 . -- � 1 � Imo- � � • � � "` (."' — � i � � :.:. 1 :. . 'films 01 from R 7m 7m 71 so WE HIM 1■ ---"1 ill tl..�• R -a AII� - X11 ■� 1 0 ❑ EUMATMNOIES East Elevation cz wn .ws twee wNwns rvP. a mi�asme user rartsE SCALE: 3132" =1'A'• �nn Brae sn iuw wash xP ¢cvr�cw tai srnc ,uuis rsrw w r e �+% rxen au w:u w/ aazni s rmai cc.Yscre e.wcw a:cwtnz wu. ear ar baa^m 5Te5e0 PNM zriave �etER "9SiEere PPiNR y.GPE Ue � GUA Trve IUM CF1a5 North Elevation South Elevation SCALE: 3/32"=1'-0" SCALE:3132"-1'-0" H 1H/.Rn IONCS 4. ME R■®R, ARCHITF:CTU1ii �r+`j W mM T y, p46 mmgg �Nc� Cam Eon �. w aye �� Pwwos uesuw / f� .axsinr+�.s: cavi<imc ELEVATIONS �. A-3 Studio -1 Loft/ 1 Bath SCALE: 1/4"=i'-0" A/C Area= 607 SQ.F.T Balcony =140 SQ-F.T sALcoNv 1r x°xs'_a' LIVING l4'.0"x13'-S' SLEEPING AREA Studio -2 Loft/ 1 Bath SCALE: 1/4"=1'-0" A/C Area= 650 SQ.F.T Balcony= 71 SQ.F.T Studio -3 Loft/ 1 Bath SCALE: 1/4"=1'-0" A/C Arew— 586 SQ-F.T Balcony = 50 SQ.F.T BALCONY ix -6"041 MASTER BEDROOM LIVING ROOM 1r-D"xi3'-a' 12'-"x20'-6° DINING w 111 W.I.C. KITCHEN C SCALE: 1/4"=1'-0" A/C Area= 778 SQ.F.T Balcony =162 SQ.F.T BALCONY BMASTER EDROOM BEDROOM 12'-0"x14'-0" LIVING ROOM 12'-9"x16-3" MCHEN DMO BATH q BATH -- II l\ — Unit B-1 2 Bedroom/ 2 Bath SCALE: 1/4"—l'-0" A/C Area-- 1206 SQ.F.T Balcony = 107 SQ.F.T BALCONY 14'-S'. 9'-0" MASTER LIVING ROOM BEDROOM 17S'-rx13'-0" 14'-9"x11'4" i `� W.I. BATF KITCHEN to C J� BEDROOM 10'-6"x1I'-G" r ' BATH r r r 0 r r n Unit B-2 2 Bedroom/ 2 Bath SCALE: 1/4"=]'-0" A/C Area= 1164 SQ.F.T Balcony =190 SQ.F.T RJCHARD JONCS - ry .® W A■ECTURE YA�NA016 9�,6ve00�P54" W ~ M>x �v }aa �� aq m - u T w�� U o G r"1 u�w, as w O xsvie Q h� UNIT PLANS U H A-5 BAT BALCONY ® MASTER 9'4•x17'-6' BEDROOM BALCONY ly s"xs-a• RiC %i )JONES ■ ARCHITECTURE �„ i oHaaor" U W.I.C. BEDROOM MASTER 12'-o"xlI'-U" I —� BEDROOM ll' -0°x14:•0" � � H DINING KITCHEN LIVING ROOM 1716'-a74' m m p LIVING ROOM -- -----r x N J..J d. r+ BEDROOM BATH DINING BATH Q BATH KITCHEN I v/ i Unit B-3 2 Bedroom/ 2 Bath Unit B-4 2 Bedroom/ 2 Bath w SCALE: 1/4"=1'-0" SCALE: 1/4"=1'-0" A/C Area- 1049 SQ.F.T A/C Area= 1116 SQ.F.T H Balcony = 185 SQ.F.T Balcony = 66 SQ.F.T UNITPLANS H A-6 Ground Level Plan SCALE V=20' N J Second .Level Plan mN Third and Fourth Level Plane SCALE: V=W RICIIARCJ JOIJES No ® -Fill I P.ORIIl'LC'1'UHL v¢tti��ainr im L �nfnao�n�--. ilofeoom3 U W x h� U W AOIAn � rouan,.0 Mnli��ox. xnnrre6s' O scu nrNmu �e.�.a rtvuaxs. SETBACK DIAGRAM A-8 1110. Oqff" AS, f EVIL 2iff ...... . . . . . IkDTI.I 1.0 . . . . . . . . . . men I . . . . . . . . . . . . . ................... . . . . . . . . . . . . . . . . .. . ........ any, A Ell IN pills .......... Amoco al ...... ... .............. . . . . . . . . . . . . . . . . . . . .......... . . . . . . . . . . . . log R MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 WAIVER REQUEST/ 1240 SEASPRAY AVENUE ITEM BEFORE COMMISSION Consideration of a waiver to reduce the required sight visibility triangle from 10' to 3' for a clear line of sight along both sides of the proposed two (2) access points (i.e. driveways) for 1240 Seaspray Avenue. The request is associated with construction of a new two-story single family residence within the North Beach Overlay District. BACKGROUND Waiver Requests LDR Section 2.4.7(B)(5) Findings: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting relief from the requirement for a clear line of sight between three feet (3') and six feet (6') within the ten foot (10') sight visibility triangle forming the area along both sides of the two (2) driveways intersecting the property line at 1240 Seaspray Avenue. A new two-story single family residence within the North Beach Overlay District is proposed. There are proposed Coconut Palms measuring six feet (6') in height on either side of the required ten foot (10') sight visibility triangle within three feet (3') of the property line. This prevents the clear line of sight from three feet (3') to six feet (6') as required within the sight triangle as described in the Land Development Regulations (LDRs). The applicant has provided the following verbatim justification: "We are requesting that the sight visibility triangle be measured from the street (as shown on the Landscape Plan) instead of the street right-of-way. It has been our experience that on a small residential street such as Seaspray Avenue, we can provide a very safe viewing distance by measuring the triangle in this manner. Invisiting the neighborhood, it is clear that the surrounding residences have been granted leniency as we found tall hedges, columns and other obstructions that would clearly be in the code required visibility triangle (see enclosed photos of surrounding properties). We would ask for the same leniency. " Since the property line is fourteen feet (14') from the driveway intersection with the roadway of Seaspray Avenue and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and exiting the site. The reduction of the ten foot (10') sight visibility triangles to three feet (Y) at the intersection of the two (2) driveways and the property line for 1240 Seaspray Avenue will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS At their meeting of November 28, 2012, the Site Plan Review and Appearance Board (SPRAB) moved a recommendation to approve the requested waiver to the 10' sight visibility triangle by a vote of 7-0. RECOMMENDATION Move approval of the waiver request to LDR Section 4.6.14(B)(1) to reduce the requirement for a ten foot (10') sight visibility triangle at the intersection of the driveway and the property line from 10' to Yfor 1240 Seaspray Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5). 2012. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA WAIVER REQUEST FOR 1240 SEASPRAY AVENUE 1. This waiver request came before the City Commission on December 11, 2. The Applicant and City staff presented documentary evidence and testimony to the City Commission pertaining to the waiver request for 1240 Seaspray Avenue. All of the evidence is a part of the record in this case. Required findings are made in accordance with Subsection I. I. WAIVER: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body shall make a finding that the granting of the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and, (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. A. Waiver to LDR Section 4.6.14(B)(1 Pursuant to LDR Section 4.6.14(B)(1), the area on both sides of a driveway, as measured by the intersection of a driveway and a street or alley with a length of ten feet (10') along the driveway, a length of ten feet (10') along the street right-of-way and the third side being a line connecting the ends of the other two lines, shall not be obstructed at a height between three feet (3') and six feet (6'). The applicant is asking for a waiver to allow for six foot (6') Coconut Palms to be placed within this area, which is in the site visibility triangle as measured above. Should the waiver to Section 4.6.14(B)(1) be granted? 1 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the original development application was submitted and finds that its determinations set forth in this Order are consistent with the Comprehensive Plan. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports, testimony of experts and other competent witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the waiver request. 6. Based on the entire record before it, the City Commission hereby adopts this Order this 11th day of December 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin, City Clerk 2 Nelson S. McDuffie, Mayor SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Agent: Parker-Yannette Design Group Project Name: Barbara Residence Location: 1240 Seaspray Avenue ITEM BEFORE THE BOARD The item before the Board is that of approval of the following aspects of a North Beach Overlay District Development Review Application for the Barbara Residence located at 1240 Seaspray Avenue, pursuant to Land Development Regulations (LDR) Sections 4.3.4(J)(3)(b), 2.4.7(B)(5) and 4.5.13(A): • Appurtenance Request; and, • Sight Visibility Triangle Waiver Request The subject property is located on the south side of Seaspray Avenue, west of North Ocean Boulevard and east of Andrews Avenue. BACKGROUND The subject property is 0.24 acres and currently contains an existing two-story single family residence with a swimming pool. It lies within the North Beach Overlay District and is zoned Single Family Residential (R -1 -AAA), with a LD (Low Density Residential) Future Land Use Map (FLUM) designation. The applicant proposes to demolish the existing structure and construct a new two-story single family residence with a swimming pool. Now before the Board for consideration is approval of a rooftop stair tower appurtenance, along with a waiver to the ten foot (10') sight visibility triangle, for the Barbara Residence to be located at 1240 Seaspray Avenue. PROJECT DESCRIPTION The current development proposal requests relief for the following two (2) items: • Allowance of an appurtenance which exceeds the maximum thirty-five foot (35') height pursuant to LDR Section 4.3.4(J)(3)(b). • A waiver to the ten foot (10') sight visibility triangle requirement pursuant to LDR Section 4.6.14(B)(1). Site Plan Review and Appearance Board (SPRAB) Staff Report of November 28, 2012 1240 Seaspray Avenue — North Beach Overlay District Development Review Page 2 APPURTENANCE ANALYSIS Exceptions to District Height Limitations: Pursuant to LDR Section 4.3.4(J)(3)(b), "Appurtenances on Buildings", an appurtenance which is usually required to be placed above the roof level of a building and not intended for human occupancy may be allowed to extend above the height limitations contained in Subsection (K) "Development Standard Matrices", but only when specifically approved by action of the Site Plan Review and Appearance Board (SPRAB). The applicant has proposed a rooftop stair tower which measures thirty-seven feet (37) in height which exceeds the maximum thirty-five foot (35) height requirement by two feet (2'). Since the stair tower is not intended for human occupancy, the applicant has requested SPRAB approval to allow it to exceed the maximum height allowance. The following justification for support of the appurtenance has been provided by the applicant: "Your LDR permits appurtenances to extend above height limits city-wide, regardless of zoning or use. Specifically 4.3.4 (J) (3) (b) says " appurtenances usually required to be placed above the roof level (which roof access stairs are) ... and not intended for human occupancy (stairs are defined as non -habitable in the Florida Building Code) may be allowed to extend above the height limits ..." The LDR defines appurtenance and includes "steps" (or stairs in our case) as an example. It is our opinion that stair towers are not occupiable or habitable areas of building and we have supporting opinions from 2 other Building Officials in PBC. The Building Officials we discussed this with, brought unique clarity to the question with the following points: 1. Halls and stairs are not considered occupiable because they are the routes between occupiable areas. Codes govern how to make them safe passage ways and do not govern how to make them safe for habitation. 2. When calculating occupant load or the limits on the numbers of people that can safely occupy an area, stairs and halls are not permitted to count as part of the occupiable area. These are areas that the code wants kept free of habitation so they do not become blocked and hinder safe passage. 3. The Florida Building Code defines "halls... and similar areas" (stairs) as non -habitable. The additional drawings provided herein clarify that the stair tower we are proposing to exceed the height limit by a few feet is just that, a stair tower, and nothing else. Stair towers meet the LDRs definition of appurtenance and are, therefore, exempt from the height limitation. Additional, Mr. Barbara accepts the fire department's conclusion that the roof deck creates a third level (even though it alone is not above the height limit) and agrees to add fire sprinklers to the home if we can reach a favorable agreement on the stair tower component. " The proposed 20' x 14' enclosed balcony that contains the observation deck above is accessible by the 37' stair tower and is located at 27'8" which is allowable habitable area below the 35' maximum height requirement. The two feet (2) of the appurtenance which extends above the maximum 35' height Site Plan Review and Appearance Board (SPRAB) Staff Report of November 28, 2012 1240 Seaspray Avenue — North Beach Overlay District Development Review Page 3 requirement is not intended for human occupancy and only serves the purpose to allow stair access to the observation deck. Based upon the above, the rooftop stair tower appurtenance should be allowed to exceed the maximum thirty-five foot (35) height requirement by two feet (2'), pursuant to LDR Section 4.3.4.(J)(3)(b). WAIVER ANALYSIS Sight Visibility Triangle Measurements: Pursuant to LDR Section 4.6.14(6)(1)"Driveways Intersecting a Street or Alley", the area on both sides of a driveway formed by the intersection of a driveway and a street or alley with a length of ten feet (10') along the driveway, a length of ten feet (10') along the street right-of-way and the third (3rd) side being a line connecting the ends of the other two lines, shall not be obstructed at a height between three feet (3') and six feet (6'). The applicant has proposed six foot (6) Coconut Palms within the sight visibility triangles and has requested a waiver to this requirement. An analysis of the waiver request is provided as follows: Waiver Requests LDR Section 2.4.7(B)(5) Findinqs: Pursuant to LDR Section 2.4.7(B)(5), prior to granting a waiver, the approving body must make a finding that granting the waiver: (a) Shall not adversely affect the neighboring area; (b) Shall not significantly diminish the provision of public facilities; (c) Shall not create an unsafe situation; and (d) Does not result in the grant of a special privilege in that the same waiver would be granted under similar circumstances on other property for another applicant or owner. The applicant is requesting relief from the requirement for a clear line of sight between three feet (3) and six feet (6) within the ten foot (10') sight visibility triangle forming the area along both sides of the two (2) driveways intersecting the property line at 1240 Seaspray Avenue. A new two-story single family residence within the North Beach Overlay District is proposed. There are proposed Coconut Palms measuring six feet (6') in height on either side of the required ten foot (10) sight visibility triangle within three feet (3) of the property line. This prevents the clear line of sight from three feet (3) to six feet (6) as required within the sight triangle as described in the Land Development Regulations (LDRs). The applicant has provided the following verbatim justification: "We are requesting that the sight visibility triangle be measured from the street (as shown on the Landscape Plan) instead of the street right-of-way. It has been our experience that on a small residential street such as Seaspray Avenue, we can provide a very safe viewing distance by measuring the triangle in this manner. /n visiting the neighborhood, it is clear that the surrounding residences have been granted leniency as we found tall hedges, columns and other obstructions that would clearly be in the code required visibility triangle (see enclosed photos of surrounding properties). We would ask for the same leniency. " Since the property line is fourteen feet (14) from the driveway intersection with the roadway of Seaspray Avenue and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and exiting the site. The reduction of the ten foot (10') sight visibility Site Plan Review and Appearance Board (SPRAB) Staff Report of November 28, 2012 1240 Seaspray Avenue — North Beach Overlay District Development Review Page 4 triangles to three feet (3') at the intersection of the two (2) driveways and the property line for 1240 Seaspray Avenue will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested waiver will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. This waiver would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Consequently, a positive finding with respect to LDR Section 2.4.7(B)(5) can be made. REVIEW BY OTHERS Projects within the North Beach Overlay District require compliance with the Beach Property Owners Design Manual (BPODM) prepared by Urban Design Kilday Studios (UDKS). However, review of the height and sight visibility triangles is not required by UDKS, since the noncompliance issue is related to the Land Development Regulations and not the BPODM. Subsequent UDKS review for compliance with the BPODM will resume upon resolution and approval of the two (2) identified forms of relief requested. ASSESSMENT AND CONCLUSION The applicant proposes demolish the existing structure and construct a new two-story single family residence with a swimming pool and is requesting approval of a rooftop stair tower appurtenance, along with a waiver to the ten foot (10') sight visibility triangle, for the Barbara Residence located at 1240 Seaspray Avenue. With respect to the rooftop stair tower, the proposed 20' x 14' enclosed balcony containing the observation deck is located at 27'8" which is allowable habitable area below the 35' maximum height requirement. The two feet (2) of the appurtenance which extends above the maximum 35' height requirement is not intended for human occupancy and only serves the purpose to allow stair access to the observation deck. Thus, the rooftop stair tower appurtenance should be allowed to exceed the maximum thirty-five foot (35') height requirement by two feet (2'). With respect to the ten foot (10') sight visibility triangles, since the property line is fourteen feet (14') from the driveway intersection with the roadway of Seaspray Avenue and there are no future expansions of roadway width anticipated, there is adequate visibility for vehicles entering and exiting the site. Thus, the reduction of the ten foot (10') sight visibility triangles to three feet (3') at the intersection of the two (2) driveways and the property line for 1240 Seaspray Avenue will not negatively affect traffic flow, nor present a danger to vehicular traffic or pedestrians. Granting the requested relief will not have an adverse effect on the neighboring area, diminish the provision of public facilities, or create and unsafe situation. The requested relief would also be supported under similar circumstances and therefore will not result in the granting of a special privilege. Based upon the above, positive findings can be made with respect to the criteria established in LDR Sections 4.3.4(J)(3)(b), 2.4.7(B)(5) and 4.5.13(A) of the Land Development Regulations. ALTERNATIVE ACTIONS A. Continue with direction. B. Move approval of the rooftop stair tower appurtenance and sight triangle waiver request for the Barbara Residence located at 1240 Seaspray Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with the Comprehensive Plan and meets criteria set forth in Sections 4.3.4(J)(3)(b), 2.4.7(B)(5) and Site Plan Review and Appearance Board (SPRAB) Staff Report of November 28, 2012 1240 Seaspray Avenue — North Beach Overlay District Development Review Page 5 4.5.13(A) of the Land Development Regulations, subject to conditions. C. Move denial of the rooftop stair tower appurtenance and sight triangle waiver request for the Barbara Residence located at 1240 Seaspray Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with the Comprehensive Plan and does not meet criteria set forth in Sections 4.3.4(J)(3)(b), 2.4.7(B)(5) and 4.5.13(A) of the Land Development Regulations. STAFF RECOMMENDATION Appurtenance Request: Move approval of the rooftop stair tower appurtenance for the Barbara Residence located at 1240 Seaspray Avenue, 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 Sections 4.3.4(J)(3)(b) and 4.5.13(A) of the Land Development Regulations, subject to the following conditions: Pursuant to the Code of Ordinances, Chapter 96, Section 96.16(1)(c) "Fire Safety and Emergency Services", the fire sprinkler and fire alarm system shall extend to the rooftop stair tower appurtenance and require central monitoring and a separate permit, prior to building permit issuance. Add a note to the plans indicating the intent to comply. 2. Add revised architectural elevation drawings to the 24" x 36" plan set which dimensions the actual proposed height of the rooftop stair tower appurtenance as measured according to LDR Section 4.3.4(J)(2). 3. Additional sheets to the 24" x 36" plan set shall include the building section through the stair tower and the deck level plan. 4. Provide an electronic copy of the entire plan set on CD (not DVD) formatted as Adobe Acrobat (pdf extension) at a size no larger than 11" x 17". Be sure to make disc compatible with all drives. Waiver Request: Recommend approval to the City Commission of the waiver request to LDR Section 4.6.14(B)(1) to reduce the sight visibility triangle requirement from ten foot (10') to three feet (3') at the intersection of the two (2) driveways and the property line for the Barbara Residence located at 1240 Seaspray Avenue, by adopting the findings of fact and law contained in the staff report, and finding that the request is consistent with LDR Section 2.4.7(B)(5), subject to the following condition: 1. Modify the site plan, landscape plan and civil plans to reflect the correct location of the sight visibility triangles measured from the property line and not the right-of-way line. Attachments: Proposed Landscape Plan, Appurtenance Justification & Exhibit and Waiver Justification & Exhibit Staff Report Prepared By: Candi Jefferson, Senior Planner l iT WE A L 3121 NOV 1 6, 2012 PARKER 'TETTE design group, inn. PLANNING & ZONING November 16, 2012 Ms. Candi Jefferson, Senior Planner City of Delray Beach Planning and Zoning Department 100 N.W. 15` Avenue Delray Beach, Florida 33444 RE: The Barbara Residence —1240 Seaspray Avenue Dear Ms. Jefferson: The purpose of this letter is to request a waiver from Section 4.6.14 (B)(1) of the Land Development Regulations. This section of code reads: SECTION 4.6.14(B) (1) Driveway Intersecting Street or Alley: The area on both sides of a driveway formed. by the intersection of a driveway and a street or alley with a length of ten (10) feet along the driveway, a length of ten (10) feet along the street or alley right-of-way and the third side being a line connecting the ends of the other two lines. We are requesting that the sight visibility triangle be measured from the street (as shown on the Landscape Plan) instead of the street right-of-way. It has been our experience that on a small residential street such as Seaspray Avenue, we can provide a very safe viewing distance by measuring the triangle. in this manner. in visiting the neighborhood, it is clear that the surrounding residences have been granted leniency as we found tall hedges, columns and other obstructions that would clearly be in the code required visibility triangle (see enclosed photos of surrounding properties). We would ask for the same leniency. Please call with any questions or comments. Sincerely, LANDSCAPE ARCHITECTURE e PLANNING e GRAPEICS 825 South U.S. Highway One Suite 330 Jupiter, Florida 33477 561/747-5069 Lic. #LC -0000297 BARBARA RESIDENCE SCALE: I'= 10'-0' 1240 SEASFRAY AVENUE DATE: 11.15.12 DELRAY BEACH, FLORIDA DRAWN BY: AJO SIGHT VISIBILITY EXHIBIT JOB NO.: 12-011 --------------------------------------------------- -------------------------------------------- SEA SPRAT AVENUE s' FUTURE SIGHT LINES .5 DEWALK SIGHT TRIANGLE, TYP. SIGHT LINES EN ° ° i._ .. ... T — 209.1 EXIST. WALL TO BE REMOVED Y EXIST. 4' HT. CBS WALL TO REMAIN e- ' EXIST. WALL TO BE REMOVED I \ ca 20 b � 12 r-IIgn b;® EXIST. 3' HT. GBS ° > cr`�AIN PARKER•YANNETTE ° �D • • /I I EXIST. WALL design group, inc. EXIST. WALL TO BE REMOVED 10 _ BE REMO D � 825 SOUTH U.B. HIGHWAY ONE, SUITE 330 ,JUPITER, FLORIDA 33477 * \ PHONE: (561)147.5069 FAX: (561)747.2041 jail BARBARA RESIDENCE SCALE: I'= 10'-0' 1240 SEASFRAY AVENUE DATE: 11.15.12 DELRAY BEACH, FLORIDA DRAWN BY: AJO SIGHT VISIBILITY EXHIBIT JOB NO.: 12-011 DECORATIVE WOOD CEILING ABOVE STAIR TOUR STAIR TOWER WINDOWS ROOF BEYOND ALUMINUM RAILING AT DECK LEVEL (BEYOND) STANDING SENT METAL ROOF WITH CLEAR METAL FINISH ---------- --- DECORATIVE WOE) CEILING OVER BALCONY PAINTED STUCCO FINI5H (TYP.) ALUMINUM AND GLASS DOORS WITH TRANSOM WINDOW ABOVE ALUMINUM RAILING DOOR INTO BEDROOM DOOR TO POOL DECK BEYOND PLEASE NOTE: TOWER ELEMENT BRINGS IN NATURAL LIGHT TO CENTRAL STAIR IT 15 A NON -HABITABLE "APPURTENANCE" AND 15, THEREFORE, EXCEPT FROM THE 35 -FOOT HEIGHT LIMITATION PER SECTION 4.3.4 (J) (3)(b). '[01 O MEAN ROOF HT,6� �f ELEV. 118'-5" —_ i i — -` DECK LEVEL _______ ELEV. IpT'-&' + ELEV 176'-0" f-- OOR ELEV. II4'-0'tF, � BUILT-IN CABINETS AND BOCK SHELVES j rA -- _ let FLOOR ------ ---- ELEV. 100'-0 &e T 011 T�7u ertAIFR TOUIEIi� SCALE: 3X1611 = I'-0" U Ift LL O t LL Q m W m m Z -) m W Y O d W (0O > 0 a u (d m y Wv N A > Q od r 1L ' E E r JW fVIIMBEP flUTI cOD FI mu N�REBi A9 9Fgf b OF b DEC< LEVEL FLAN North SCALE. I/8w = I' -o" a r 1 LL ' � 0 E F JC8 NIMBEN RJ)II .El A4N� MEMORANDUM TO: Mayor and City Commissioners FROM: CANDI N. JEFFERSON, SENIOR PLANNER PAUL DORLING, AICP, DIRECTOR OF PLANNING AND ZONING THROUGH: CITY MANAGER DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 CONDITIONAL USE REQUEST / OCEAN CITY PROPERTIES, LTD. ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a conditional use request to convert 10,800 sq. ft. of existing retail space to a 3,550 sq. ft. full service restaurant and bar with a 7,250 sq. ft. bowling alley with eight (8) lanes. BACKGROUND The site is located within the Ocean City Lumber development at the southeast corner of NE 1st Street and 2nd Avenue (Pineapple Grove Way) at 45 NE 2nd Avenue. The overall Ocean City Lumber site consists of Lots 1-3, Onnen Subdivision, and contains four (4) buildings on 2.5 acres. The building associated with this request is located on the western portion of Lot 1, and is the bay to the north of the existing House of Siam restaurant. This bay was previously occupied by a photo store and a photo gallery (Fotofusion). The conditional use request proposes a restaurant and a boutique bowling entertainment center. The operation hours will be 11:00 a.m. to 2:00 a.m., seven (7) days a week. The seating capacity for the restaurant will be one hundred sixty (160) persons. The business will have approximately fifteen (15) employees which will work around three (3) shifts to accommodate lunch, dinner and late night dining and bowling. Employees will include bowling staff (2 persons), service staff (up to 6 persons), kitchen staff (up to 5 persons) and management (2 persons).The site will utilize the existing parking surplus bank (22 spaces) to accommodate the proposed conversion of use which requires an additional fifteen (15) spaces. If approved, this will reduce the parking surplus of the overall property to seven (7) spaces. Staff has received confirmation from Ocean City Properties allowing utilization of nine (9) surplus spaces. If this confirmation is not extended to accommodate six (6) additional spaces, then Downtown Bowling shall be subject to in -lieu parking spaces at a rate of $7,800 per space up to a total of $117,000 for fifteen (15) spaces. This is attached as a condition of approval. Further, compatibility needs to be enhanced thru modifications to eliminate counter and outside stools at the southwest corner of the building that put the backs of patrons to NE 2nd Avenue. Internal modifications to the location of the bar also need to be implemented as the current layout does not provide adequate distances for internal circulation in and around the bar area. The proposed recreational and restaurant uses are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations, provided that the recommended conditions of approval are addressed. Subject to satisfaction of all conditions of approval, positive findings with respect to Section 2.4.5(E)(5) can be made. REVIEW BY OTHERS The Planning and Zoning Board considered the conditional use request for Downtown Bowling on November 19, 2012, and recommended approval to the City Commission by a unanimous vote, subject to conditions. RECOMMENDATION Move approval of the Conditional Use modification request for Downtown Bowling, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: 1. That a site plan be submitted and approved which is consistent with the conditional use sketch plan and addresses the following: (a) The proposed changes to the exterior of the building along NE 2nd Avenue shall decrease the existing nonconforming glass surface area, if applicable. The approved plans shall provide calculations which specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. The minimum required glass surface is 75%. All proposed elevation changes shall increase the existing glass surface area to look inviting to on street pedestrians. (b) On Sheet A-8, the "Proposed" north elevation has been incorrectly labeled "Existing". Relabel it correctly. (c) On Sheet SP -1, the "Net Reduction" in surplus spaces available after approval is indicated as "7" spaces. However, it should reflect "15" spaces. Correct the site data. (d) Should the current owner (Ocean City Properties Ltd.) decline future authorization for use of any or a portion of the existing surplus parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space up to $117,000. (e) Relocate the bar and bar seating further interior to the site with the provision of no less than a four foot (4') separation between the outermost bar seat and the adjacent interior wall. Similarly, the exterior counter for walk-up patrons and/or wait staff is not appropriate and should be removed. (f) Modify the site data and parking data to indicate the square footage allocated to all outside dining areas. This is proposed new restaurant use area which was not previously subject to parking.Parking shall be assessed for these areas at a restaurant rate of 6 spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). This shall increase the parking requirement by six (6) spaces, thus reducing the remaining parking surplus to seven (7) spaces. (g) Provide a revised notarized affidavit from the owners of the 2.49 acre parcel (Ocean City Properties Ltd.) indicating acknowledgement of a surrender of development rights in association with a reduction of parking availability for future expansion to seven (7) spaces, whereas twenty-two (22) spaces would otherwise be available. IN THE CITY COMMISSION CHAMBERS OF THE CITY OF DELRAY BEACH, FLORIDA CONDITIONAL USE REQUEST TO ALLOW THE CONVERSION OF 10,800 SQ. FT. OF RETAIL SPACE TO A 3,550 SQ. FT. FULL SERVICE RESTAURANT AND BAR CONTAINING A 7,250 SQ. FT. BOWLING ALLEY FOR DOWNTOWN BOWLING AT THE OCEAN CITY LUMBER SITE ORDER OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA 1. This conditional use request has come before the City Commission on December 11, 2012. The conditional use request is to allow the conversion of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and bar containing a 7,250 sq. ft. bowling alley with eight (8) lanes for Downtown Bowling at the Ocean City Lumber site. 2. The City staff, applicant, and other persons have presented documentary evidence and testimony to the City Commission pertaining to the conditional use request for Downtown Bowling. All of the evidence is a part of the record in this case. Required findings are made in Sections I and II below. I. COMPREHENSIVE PLAN a. Comprehensive Plan - Future Land Use Element Objective A-1: This objective requires that the 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 complementary to adjacent land uses, and fulfills remaining land use needs. Is this objective met? Yes No b. 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 1 consistent with the applicable land use designation as shown on the Future Land Use Map. The subject property has a Future Land Use Map designation of Commercial Core and is zoned Central Business District. Future Land Use - Is project's proposed location consistent with the Future Land Use Map? Yes No C. Concurrency: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. Concurrency as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Are the concurrency requirements met as respect to water, sewer, drainage, streets and traffic, parks, open space, solid waste and schools? Yes No d. Consistency : Will the granting of the conditional use be consistent with and further the goals and policies of the Comprehensive Plan? Yes No II. LDR REQUIREMENTS A. Section 2.4.5(E)(5) requires certain findings: The conditional use will not: 1. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; 2. Hinder development or redevelopment of nearby properties. Has this requirement been met? Yes No 3. The City Commission has applied the Comprehensive Plan and LDR requirements in existence at the time the conditional use application was submitted. 4. The City Commission finds there is ample and competent substantial evidence to support its findings in the record submitted and adopts the facts contained in the record including but not limited to the staff reports and testimony of witnesses supporting these findings. 5. Based on the entire record before it, the City Commission approves denies the conditional use application subject to the conditions attached hereto in Exhibit "A" and hereby adopts this Order this day of December 11, 2012, by a vote of in favor and opposed. ATTEST: Chevelle Nubin City Clerk 3 Nelson S. McDuff ie, Mayor EXHIBIT "A" Conditions Related to the Conversion of 10,800 sq. ft. of Retail Space to a 3,550 sq. ft. Full Service Restaurant and Bar Containing a 7,250 sq. ft. Bowling Alley Provide calculations on the approved plan that specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. The minimum required glass surface is seventy-five percent (75%). All proposed elevation changes shall increase the existing glass surface area to look inviting to on street pedestrians. 2. Rename the north elevation that is presently labeled incorrectly as "Existing" on Sheet A-8 to "Proposed north elevation". Change the number of spaces described under "Net Reduction" describing the reduction in surplus spaces available after approval from "7" spaces to "15" spaces. 4. Should the current owner (Ocean City Properties Ltd.) decline future authorization for use of any or a portion of the existing parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space totaling up to $117,000. Relocate the bar and bar seating further interior to the site with the provision of no less than a four foot (4') separation between the outermost bar seat and the adjacent interior wall. Similarly, the exterior counter for walk-up patrons and/or wait staff is not appropriate and shall be removed. 6. Modify the site data and parking data to indicate the square footage allocated to all outside dining areas. This is proposed new restaurant use area which was not previously subject to parking. Parking shall be assessed for these areas at a restaurant rate of six (6) spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). This shall increase the parking requirement by six (6) spaces, thus reducing the remaining parking surplus to seven (7) spaces. 7. Provide a revised notarized affidavit from the owners of the 2.49 acre parcel (Ocean City Properties Ltd.) indicating acknowledgement of a surrender of development rights limiting parking availability for future expansion to seven (7) spaces, whereas twenty-two (22) spaces would otherwise be available. The parking requirement for the proposed conditional use is fifteen (15) new parking spaces. This will reduce the existing twenty-two (22) space parking surplus by fifteen (15) spaces. While the proposed 10,800 sq. ft. development proposal enjoys the benefit from fifteen (15) surplus parking spaces currently available, the remaining tenants on the 2.49 acre site will have a reduced benefit of the resulting seven (7) surplus parking spaces or be subject to a charge of $7,800 per in -lieu parking space in order to meet any parking requirement above and beyond the seven (7) space parking surplus. Should the owner (Ocean City Properties Ltd.) decline authorization for use of any or a portion of the existing parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space totaling up to $117,000. 2 PLANNING AND ZONING BOARD CITY OF DELRAY BEACH ---STAFF REPORT --- MEETING DATE: November 19, 2012 ITEM: Downtown Bowling (45 NE 2"d Avenue) — Conditional use request associated with the conversion of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. GENERAL DATA: Owner ..................................... Ocean City Properties, LTD. Applicant/Agent................... Steven Dapuzzo Location .................................. Southeast corner of NE 1St Street and NE 2"d Avenue (Pineapple Grove Way) Property Size .......................... 2.49 Acres Future Land Use Map............ CC (Commercial Core) Current Zoning ........................ CBD (Central Business District) Adjacent Zoning ............ North: CBD (Central Business District) East: CBD (Central Business District) South: CBD (Central Business District) West: CBD (Central Business District) Existing Land Use ................... Vacant retail space Proposed Land Use ................ Restaurant and bowling alley Water Service ......................... Existing on site Sewer Service ......................... Existing on site .....:........___....... __._......_...�n.:::::.._:.—..,..........._, .. _: _ �.._..............r ;: .:.. ::,;_ , -Mss ;::_ The action before the Board is making a recommendation to the City Commission on a Conditional Use to convert of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and a 7,250 sq. ft. bowling alley with eight (8) lanes, pursuant to LDR Section 2.4.5(E). The site is located within the Ocean City Lumber development at the southeast corner of NE 1St Street and NE 2nd Avenue (Pineapple Grove Way) on 45 NE 2„ d Avenue. ilk j- The overall Ocean City Lumber project consists of Lots 1-3, Onnen Subdivision, which is within the original Block 84, Town of Delray. The complex contains 2.5 acres and 4 buildings. The building involved with this request is located on the western portion of Lot 1, and is the bay to the north of the existing House of Siam restaurant. This bay was previously occupied by a photo store and a photo gallery (Fotofusion). Numerous site plan modifications have been processed since 1994 on the overall Ocean City Lumber complex. Following is a summary of these modifications: At its meeting of January 26, 1994, the Site Plan Review and Appearance Board (SPRAB) approved a site plan modification for a 997 square foot addition and the installation of a new 59 space parking lot in conjunction with the conversion of the Ocean City Lumber Company to a commercial complex (office, restaurants and retail). The parking spaces were not required and were available for new businesses as well as future modifications. Numerous additional modifications were made to the site, which resulted in a 49 parking space credit on the site. At its meeting of November 14, 2001, the SPRAB approved the conversion of an existing 1,014 square foot retail bay located at the southern end of the complex (south side of the courtyard) to a restaurant (Fusha) and the addition of 2,786 square feet of outdoor seating within the adjacent courtyard, as well as 220 square feet at the southeast corner and 62 square feet at the southwest corner of the site (3,068 square feet total outdoor seating area). This conversion reduced the parking surplus to 27 spaces. At its meeting of December 3, 2003, the SPRAB approved the conversion of two existing retail bays in the center of the complex (north side of the courtyard) to a 1,162 square foot restaurant with a 152 square foot outdoor dining/seating area for Christina's Restaurant. This conversion reduced the parking surplus to 23 spaces. At its meeting of June 23, 2004, the SPRAB approved the conversion of one existing retail bay totaling 1,050 sq. ft. to restaurant use as well as the addition of 149 sq. ft. of outdoor dining area to accommodate the expansion of Christina's Restaurant resulting in an additional 4 spaces being deducted from the parking surplus. This expansion resulted in a parking surplus of 19 spaces. At its meeting of June 11, 2008, the SPRAB approved the conversion of the prior Christina's Restaurant space to office use and conversion of tenant space 114 from retail to office space for Meisner Electric, a tenant of Ocean City Lumber Company. This conversion reduced the parking requirements from restaurant and retail use to office use and resulted in a parking surplus of 27 spaces. Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use — Downtown Bowling Page 2 At its meeting of May 13, 2009, the SPRAB approved the conversion of three (3) parking spaces on the east side of Bru's Room Sports Bar to a 459 square foot covered outdoor dining area. The three (3) parking spaces were deducted from the existing parking surplus (27 spaces). Thus, the conversion resulted in a reduction in parking surplus to 24 spaces. The 459 sq. ft. canopy covering the outdoor dining area was considered to be sidewalk cafe and did not constitute the provision of any additional parking spaces. At its meeting of August 24, 2011, the SPRAB approved the conversion of 783 sq, ft. of Suite 114 (prior office space) to restaurant use to expand the existing House of Siam Restaurant. This required an additional two (2) parking spaces. This resulted in a reduction in the parking surplus for the overall site to 22 spaces. Now before the Board for consideration is a conditional use request associated with the conversion of 10,800 sq. ft. of retail space to a 3,550 sq. ft. full service restaurant and 7,250 sq. ft. bowling alley with eight (8) lanes. This conversion of use from retail to restaurant will require nine (9) additional parking spaces. If approved, it would reduce the existing parking surplus to thirteen (13) spaces. ii <i= _l°?i'iii ................ v; P lam. T......D .E. The conditional use request proposes a boutique bowling entertainment center. The building currently contains 10,800 sq. ft. of retail space which will be converted to a 3,550 sq. ft. full service restaurant with a bar and a 7,250 sq. ft. bowling alley with eight (8) lanes. The operation hours will be 11:00 a.m. to 2:00 a.m., seven (7) days a week. The seating capacity for the restaurant will be one hundred sixty (160) persons. The conversion to restaurant use will require an additional nine (9) parking spaces. There is an existing twenty-two (22) space parking surplus for the site. If approved, this will reduce the parking surplus to thirteen (13) spaces. .. ... ._.._...... ,.;;».< ; ...........a ..................».... .... .....�..A... .. __..A,,.L...I,....J',:i;..�........�;E°E °'sS'ii : - i . REQUIRED FINDINGS: (Chapter 3): Pursuant to Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body which has the authority to approve or deny the development application. These findings relate to the following four areas. FUTURE LAND USE MAP: The use or structures must be allowed in the zoning district and the zoning district must be consistent with the land use designation). The subject property has a Future Land Use Map designation of CC (Commercial Core), and a zoning designation of CBD (Central Business District). The CBD zoning is consistent with the Commercial Core FLUM designation. The primary use is that of a recreational establishment (bowling alley), which is listed as a Conditional Use in the CBD district per LDR Section 4.4.13(D)(6). The restaurant use is allowed as a permitted use within the CBD zoning district. Therefore, a positive finding with this section can be made. CONCURRENCY: Facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use — Downtown Bowling Page 3 facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. The development proposal is establish a boutique bowling entertainment center which includes an eight (8) lane bowling alley with a restaurant and bar. As described in Appendix "A", a positive finding of concurrency can be made as it relates to applicable standards such as water and sewer, streets and traffic, drainage and solid waste. CONSISTENCY: Compliance with performance standards set forth in Chapter 3 and required findings in Section 2.4.5(E)(5) for the Conditional Use request shall be the basis upon which a finding of overall consistency is to be made. Other objectives and policies found in the adopted Comprehensive Plan may be used in making a finding of overall consistency. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objectives and policies were found: Future Land Use Element - Objective A-1: Property shall be developed or redeveloped in a manner so that the future use and intensity is appropriate and complies in terms of soil, topographic, and other applicable physical considerations, is complimentary to adjacent land uses, and fulfills remaining land use needs. The existing 10,800 sq. ft. building is a part of the Ocean City Lumber development which includes a variety of uses, including by not limited to office space for Meisner Electric, the House of Siam Restaurant and Bru's Room. Therefore, the conversion of use from retail to restaurant and bowling will complement adjacent commercial land uses. However, there are certain aspects of the design which will need to be modified (i.e. location of the bar) to enhance compatibility with adjacent businesses. These are discussed later and attached as conditions of approval. COMPLIANCE WITH LAND DEVELOPMENT REGULATIONS: In conjunction with the Conditional Use request a full site plan application is being processed which has been reviewed. In addition to the items listed under "Conditional Use Findings", the following staff comments are noted. Parking: Pursuant to LDR Section 4.4.13(G)(1)(d), restaurants located within Pineapple Grove require 6 spaces per 1,000 square feet of gross floor area. Thus, the proposed 3,550 sq. ft. restaurant conversion requires a total of twenty-one (21) spaces. However, the site is already vested for 3,550 sq. ft. of retail use at a rate of one (1) space per 300 sq. ft., pursuant to LDR Section 4.4.13(G)(1)(a). This is equivalent to twelve (12) spaces. Thus, the resulting increase in parking is nine (9) spaces [21-12=9]. The remaining 7,250 sq. ft. is dedicated to the bowling alley at a parking rate of 1 space per 300 sq. ft. This is vested for twenty-four (24) parking spaces, so there is no change in the parking requirement for the bowling alley. Therefore, this standard will be met upon allocation of the nine (9) surplus parking spaces. Additionally, the applicant proposes new outdoor dining restaurant use area which was not previously subject to parking. Parking shall be assessed for these areas at a restaurant rate of 6 spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). The Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use — Downtown Bowling Page 4 outdoor courtyard dining proposed along the south elevation is approximately 629 sq. ft. The outdoor dining area along the west elevation is approximately 420 sq. ft. The combined total outdoor dining use area totals approximately 1,049 sq. ft. This shall increase the parking requirement by six (6) spaces, thus making the total new parking required for the site fifteen (15) spaces and reducing the remaining parking surplus to seven (7) spaces. The site data and parking data charts shall be updated to include the proposed sq. ft. for outdoor dining areas and the required parking. A revised affidavit from the owner (Ocean City Lumber Ltd.) shall authorize use of fifteen (15) of the existing twenty-two (22) space parking surplus, otherwise in -lieu parking spaces shall remedy any remaining parking deficiency. This is attached as a condition of site plan approval. Wall Surface Area: Pursuant to LDR Section 4.6.18.B.14.iv.2., the minimum transparency or glass surface area on the ground floor wall area of all non-residential buildings shall be a minimum of 75% of the wall area for that elevation. All storefronts or glass areas abutting the street shall be transparent, non -solar or non -mirrored, and have a light transmission reduction of no more than twenty percent (20%). Downtown Bowling has proposed changes to the exterior of the building along NE 2nd Avenue. All changes shall decrease the existing nonconforming glass surface area. The approved plans shall provide calculations which specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. All proposed elevation changes shall increase the existing glass surface area to look inviting to pedestrians. All activities, with the exception of outdoor dining associated with an approved sidewalk cafe, shall take place inside an enclosed building. Consequently, the presence of the patrons seated at the bar adjacent to public rights-of-way or facing interior courtyards is not the desired look and feel of Downtown Delray. Further, this appears to conflict with interior seating around the internal bar and has patrons staring at the backs of other patrons (i.e. less than 3' separation) seated at the bar. The plans shall be revised to relocate the bar and bar seating further interior to the site with the provision of no less than a four foot (4') separation between the outermost bar seat and the adjacent interior wall. Similarly, the exterior counter for walk-up patrons and/or wait staff is not desired (i.e. patrons with their backs to the street) and should be removed. This is attached as a condition of approval. SECTION 2.4.5(E) REQUIRED FINDINGS: (Conditional Use) Pursuant to Section 2.4.5(E)(5) (Findings), in addition to provisions of Chapter 3, the City Commission must make findings that establishing the conditional use will not: A. Have a significantly detrimental effect upon the stability of the neighborhood within which it will be located; B. Nor that it will hinder development or redevelopment of nearby properties. The following zoning designations and uses are abutting the subject property: Zoning Designation: Use: North: CBD Central Business District Astor Condominium Mixed Use Building South. CBD (Central Business District) Multi -Tenant Retail Building East: CBD (Central Business District) Railroad Right -of -Way West, CBD (Central Business District) Public Parking Lot and Garage Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use — Downtown Bowling Page 5 The proposed change of use for the Ocean City Lumber Company site will be well integrated into the fabric of the neighboring environment. Restaurants are established uses within the Central Business District (CBD) and along the adjacent Atlantic Avenue corridor. Although bowling is a recreational use not currently existing within the CBD, it is allowed with conditional use approval. The future bowling alley has received positive public feedback to date and is a welcomed entertainment venue within the downtown area. It is not anticipated that the proposed use will pose any adverse effects on the surround properties. Based upon the above upon compliance with the conditions of approval, a positive finding can be made with regard to LDR Section 2.4.5(F)(5) that the site plan will be compatible and harmonious with adjacent and nearby properties. ,.,....._........._._...:.... • •_ , , :.«.«........._...;...;a.. ,,. z ....«.:....,.::r. .:. ss ... ,.. ..., ..a.: .. _. , • :. s?§.� :a=3=int'E�Eei��teii:::a!'c.•s••.3x ...L':.si ...._...» ._ ..... • ,. ?T°3s::'s»�: �aR; r..,. •.:z'.:.:• ......:.«. •:. • .:.: ;:::: ..s ...:: £ :'- P ^.. s s; :,':£,�s;: .........1 ni :•-a:: ::'.:i •».^;•'ij t 'r -.`::c:^ '.'u:s»e::'Cs+; Downtown Development Authority: The subject project was reviewed by the DDA (Downtown Development Authority) at their meeting of September 10, 2012 and was unanimously recommended for approval. Community Redevelopment Agency: At its meeting of September 13, 2012, the CRA (Community Redevelopment Agency) unanimously recommended approval of the development proposal. Courtesy Notice: Courtesy notices have been provided to the following associations that have requested notice of developments in their areas: • Neighborhood Advisory Council • Delray Citizens Coalition • Chamber of Commerce Public Notice: Formal public notice has been provided to property owners within a five hundred foot (500') foot radius of the subject property. Letters of objection, if any, will be presented at the Planning and Zoning Board meeting. 77777771The conditional use request includes conversion of 10,800 sq. ft. of existing retail space to a 7,250 sq. ft. eight (8) lane bowling alley and a 3,550 sq. ft. restaurant with a seating capacity of one hundred sixty (160) persons. The operating hours will be 11:00am to 2:00am, seven days a week. The business will have approximately fifteen (15) employees which will work around three (3) shifts to accommodate lunch, dinner and late night dining and bowling. Employees will consist of bowling staff (2 persons), service staff (up to 6 persons), kitchen staff (up to 5 persons) and management (2 persons). The trash management system will include recycling and disposal in the two (2) existing dumpster locations on the property. Deliveries will be made Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use — Downtown Bowling Page 6 to the existing loading zone on the north side of the building. The proposed restaurant will utilize existing can wash areas on the south side of the property. Similarly, existing grease trap and piped gas services are located behind the building to the east. Existing HVAC systems are in place, however, a new hood ventilation system will be installed above the kitchen as indicated on the proposed plans. The site will utilize the existing parking bank (22 spaces) to accommodate the proposed conversion of use which requires an additional fifteen (15) spaces. However, should the owner (Ocean City Properties, Ltd.) decline utilization of any or a portion of the surplus parking spaces, then Downtown Bowling shall be subject to in -lieu parking spaces at a rate of $7,800 per space up to a total of $117,000 for fifteen (15) spaces. This is attached as a condition of conditional use approval. Compatibility needs to be enhanced thru modifications to eliminate counter and outside stools at the southwest corner of the building that put the backs of patrons to NE 2nd Avenue. Further, internal modifications to the location of the bar also need to be implemented. The proposed recreational and restaurant uses are consistent with the policies of the Comprehensive Plan and Chapter 3 of the Land Development Regulations. Thus, positive findings can be made with respect to Section 2.4.5(E)(5). . s _...�....,_. ... � .�_ ._............. :..� _•£: VIA : i::. :.::: :£s.£_.-,::�� ... Mi��i�!:�a::::::!::�-i ••.- :_ ice:,::::::_ ._-a�� :: ':SiY....,......L. , :.. ...... t ..«.. .......'S i ... .............5..«S •xi 1: ..:': .i .. :. .:ii A. Continue with direction. B. Move approval of the Conditional Use modification request for Downtown Bowling, based upon positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and consistency with the policies of the Comprehensive Plan. C. Move denial the Conditional Use modification request for Downtown Bowling, based upon a failure to make positive findings with respect to Section 2.4.5(E)(5) (Conditional Use Findings) and Chapter 3 (Performance Standards) of the Land Development Regulations, and inconsistencies with the policies of the Comprehensive Plan. ........._..................._.:..._._...._.........:,......................R..E..C,.d.IVI.-lUI..E...N... .. AG 0` --•-�!,,�:;�-�:�• :;-.�:�.::.:...!..:�:. Move approval of the Conditional Use modification request for Downtown Bowling, based upon positive findings with respect to Chapter 3 (Performance Standards) and Section 2.4.5(E)(5) of the Land Development Regulations, and the policies of the Comprehensive Plan, subject to the following conditions: The proposed changes to the exterior of the building along NE 2nd Avenue shall decrease the existing nonconforming glass surface area, if applicable. The approved plans shall provide calculations which specify the percent of existing, required and proposed transparent or glass surface area provided on the ground level. The minimum required glass surface is 75%. All proposed elevation changes shall increase the existing glass surface area to look inviting to on street pedestrians. 2. On Sheet A-8, the "Proposed" north elevation has been incorrectly labeled "Existing". Relabel it correctly. 3. On Sheet SPA the "Net Reduction" in surplus spaces available after approval is indicated as "7" spaces. However, it should reflect "15" spaces. Correct the site data. Planning and Zoning Board - Staff Report of November 19, 2012 Conditional Use—Downtown Bowling Page 7 4. Should the current owner (Ocean City Properties Ltd.) decline future authorization for use of any or a portion of the existing parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space totaling up to $117,000. 5. Relocate the bar and bar seating further interior to the site with the provision of no less than a four foot (4') separation between the outermost bar seat and the adjacent interior wall. Similarly, the exterior counter for walk-up patrons and/or wait staff is not appropriate and shall be removed. 6. Modify the site data and parking data to indicate the square footage allocated to all outside dining areas. This is proposed new restaurant use area which was not previously subject to parking. Parking shall be assessed for these areas at a restaurant rate of 6 spaces per 1,000 square feet of gross floor area, pursuant to LDR Section 4.4.13(G)(1)(d). This shall increase the parking requirement by six (6) spaces, thus reducing the remaining parking surplus to seven (7) spaces. 7. Provide a revised notarized affidavit from the owners of the 2.49 acre parcel (Ocean City Properties Ltd.) indicating acknowledgement of a surrender of development rights limiting parking availability for future expansion to seven (7) spaces, whereas twenty-two (22) spaces would otherwise be available. The parking requirement for the proposed conditional use is fifteen (15) new parking spaces. This will reduce the existing twenty-two (22) space parking surplus by fifteen (15) spaces. While the proposed 10,800 sq. ft. development proposal enjoys the benefit from fifteen (15) surplus parking spaces currently available, the remaining tenants on the 2.49 acre site will have a reduced benefit of the resulting seven (7) surplus parking spaces or be subject to a charge of $7,800 per in -lieu parking space in order to meet any parking requirement above and beyond the seven (7) space parking surplus. 8. Should the owner (Ocean City Properties Ltd.) decline authorization for use of any or a portion of the existing parking bank (22 surplus spaces) to establish the Conditional Use for Downtown Bowling which requires fifteen (15) new parking spaces, then all or the remaining required spaces needed to meet the parking requirement (up to a total of 15 or as determined by the sq. ft. indicated for restaurant use) shall be paid by the applicant at a cost of $7,800 per in -lieu parking space totaling up to $117,000. Planning and Zoning Board - Staff Report of November 19, 2012 Conditiona[ Use — Downtown Bowling Page 8 Pursuant to LDR Section 3.1.1(6), Concurrency, as defined pursuant to Objective B-2 of the Land Use Element of the Comprehensive Plan, must be met and a determination made that the public facility needs of the requested land use and/or development application will not exceed the ability of the City to fund and provide, or to require the provision of, needed capital improvements for the following areas: Water and Sewer: • Water service is existing on-site • Sewer service is existing on-site Pursuant to the City's Comprehensive Pian, treatment capacity is available at the City's Water Treatment Plant and the South Central County Waste Water Treatment Plant for the City at build -out. Streets and Traffic: The proposed conditional use allows conversion of 10,800 sq. ft. of existing retail space to a 7,250 sq. ft. eight (8) lane bowling alley and a 3,550 sq. ft. restaurant with a seating capacity of one hundred sixty (160) persons. The conversion of retail use will result in a slight decrease in trips (based on internal capture credits), and will not have a negative impact on traffic or the adjacent street network. It is noted that the project is located in the TCEA (Traffic Concurrency Exception Area) within the Central Business District (CBD). Parks and Recreation Facilities: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have any impact with respect to this standard. Solid Waste: The proposed bowling alley (7,250 sq. ft.) will generate 14.86 tons of solid waste per year. The proposed restaurant (3,550 sq. ft.) will generate 44.20 tons of solid waste per year for a total of 59.06 tons of solid waste per year. The existing retail use (10,800 sq. ft.) generates 55.08 tons of solid waste per year. This results in a net increase of 3.98 tons of solid waste per year. The Solid Waste Authority has indicated that its facilities have sufficient capacity to accommodate all development proposals until 2047. Schools: School concurrency findings do not apply for non-residential uses. Thus, the proposed development will not have any impacts with respect to this standard. Drainage:, Drainage is accommodated on site via an exfiltration trench system. There should be no impact on drainage as it relates to this standard. 'lu c4 Site Vicinity Map 'L—. -J L...J U w l_ J" I UL E�ei i1 r e ( 77 Project Location U 1 I lARNRK4T. !J L1 L ►�1�i�{ r Parking Req uixements �RD�wT,: a ui,o �rew.mreSR; >rm 9s.. ssNjKyDon,i.:,Bu.S��. ngl.0 V+�kii�.R [a.9dbi• j�iS ONDDM1TO T9P/:LV e, _[WO�KJAryaltq Ya.[l �NDDw[P Notes: ww. ouw (U I II C�i 4111DlEC7 ACCESS T NE 2nd Avenue RaUroa d Ave.�ue nu4001542 3tffd'T NO, I iCiB OFFIC60F Site Plan JAIME LICHI ARCHITECT Downtown Bowling Alley . ---,�- �Dyc V�p—W.�. SP -1 1075 SPANISH RIVER ROAD 45 NP 2nd Avenue September 13, 2612 BOCA RATON, FLORMA Delray Beacb, Fladda f omr t a 9 [Wallleamd • 3« 1� exuncolaw sYwan rou mat i,<uo,anoa ry• oc. 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THE OFFICEOFFloor Plan JATMELICMAP-CEMCT Downtown Bowling Alley — - 1075iDPAPi1SHFaVBRROAD 45 NE 2nd Avenue September l3y2012 3 A-2 DOCARATON, FLORIDA Delray Beach, Florida ,tea 3 w� 9 Exiating West Elevation O; e s eee eEEee .e. fi� e�2fi�:oo3: e9926e s�as:9::a ,.a .?° 'E;;:e ::ee i Exiating West Elevation O; e s i i proposed West Elevation Kar; �. �m l ARNOU]'482 I Sl�Hr NO, TEM OFFICE OF West Elevation rum¢ racHI ARcl�z�cr Downtown Bowling Alley JAMIE xozix scdber13, 45 NE 2nd Avenue '3 � f EOCARATON, FLORIDA Dekay Beach, Florida September 13, 2012 ru�mwr nr:o:u�uwm.ca —4 �9 i ]5482 TBE A EOF Downtown Bowling Alley JAFME L1CHJ. HJ. Ai2CEifTECT $ Y 1075 SPANlSURLVERROAD 45 NB 2nd Avenue BOCA RATON, FLORIDA Delray Beacb, Florida . .. .. -.sem-....... . West Perspective A-4 September 13,2012 *�5 -, 9 Q U Uu u u u u � IF, % I Exisli g South Elevation E �e•a EC��CC Pro osed South Elevation 3 i A-RR0015482 SHaer NO. THE OFFICE 01, Downtown Bowling Alley South Elevation JAIIvffi LTC) lT ARCHITECT r pc 8m ur-V- 1075 3PAMSIiRIVMROAD 45 NE 2ndAvenue September 13, 2012 A-5 BOCA RATON, FLORIDA Aebmy Bead, Modda —6 .91 Jill lwi R I V E T 111 I I I I I I� III I I I I I I I I I V I I I Existing East Elevation a•a Proposed East Elevation AM015482 UMET No TFili O"IM, OF East Elevation JAEAE LICHI ARCHrrECT Downtown Bowling Alley 1075 SPAN1sA RrM ROAD 45 NE 2nd Avenue 1 a BOCA RATON, FLORMA Septembberex 13, 2Ui2 Delray Beach, Florida au wmn�mo�xm+nm+wuencei A--7 ' I �8 �9 00�� C��flQ C0�0 0 Existing North Elevation Exist.ing North Elovation,, AUMIS482 i SnEET'40. ME OFMCSOF North Elevation 7 JAMM LICHI ARCHMCT Downtown Bowling Alley xonx S.1.114- - I -w 1075SFANISHRIVZRROAD 45 NE 2nd. Avenue September 13,2012 A-8 ROCARATON,nORIDA Delray Beach, Florida MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 PROPOSED SPONSORSHIP/ CLEVELAND CLINIC/ ITC AND CHAMPIONS TOUR ITEM BEFORE COMMISSION Commission is requested to consider approval of a revised proposed two (2) year sponsorship between the City and Cleveland Clinic for the Delray Beach International Tennis Championships and Champions Tour. BACKGROUND Since I prepared the original agenda memorandum on this item I have received about three (3) revised proposals from IMG. Attached is a final revised proposed two (2) year sponsorship received from Kevin Callahan from IMG between the City and Cleveland Clinic for the tennis tournament received at about 3:00 p.m. today. In addition to the new proposed sponsorship, also attached is a Medical Services Agreement which would be part of the proposal. I have discussed the medical services proposal numerous times with Mr. Baron and he is in agreement with the attached as revised allowing this to be part of our agreement with Cleveland Clinic. We would then have to have a side agreement with Matchpoint for this item. By contract between the City and Matchpoint, we are permitted to sell two (2) $75,000 and two (2) $150,000 sponsorships. The sponsor packages and amounts can be adjusted as may be needed. The revised proposed sponsorship is for $25,000 in FY13 and $30,000 in FY14. After payment of the 20% commission to IMG, payment to Matchpoint 5% commission and payment for the Delray Affair tent, the net to the City for FY13 will be $18,500 and for FY14 will be $22,300. I now have some concern that we are giving away a great deal for minimum benefit and what message that may be sending. We are at a point that a decision has to be made. Mr. Baron needs to get out all of his print material tomorrow and has to make other arrangements for medical services. He has already delayed these actions about two (2) weeks to try to help the City. RECOMMENDATION Staff recommends consideration of approval of the revised proposed two (2) year sponsorship for FY13 and FY14 between the City and Cleveland Clinic for the ITC/Champions Tournament, contingent on the final acceptance by Cleveland Clinic, Matchpoint and the City Attorney. If approved, agreements will be brought back in January for official approval. DEMMY BEA C14 INTERNATIONAL TENNIS CHAMPIONSHIPS -.- Y<:>�lc:�r✓T�r?ru�,�ai z::c:�rrl CL-VELAND CLINIC F ORYDA: DIAMOND SPONSORSHIP IDENTIFICATION o Designation as a Diamond Sponsor of the Delray Beach International Tennis Championships to be played from February 22 – March 3, 2013 o Category exclusivity in the following categories: Hospital and Sports Medicine supplier o Recognition as a Diamond Sponsor on sponsor's board at tournament entrance o Recognition as a Diamond Sponsor on sponsor's board prominently displayed on-site o Recognition as a Diamond Sponsor in the Official Tournament Program o Recognition in print and promotional materials produced by Match Point, Inc., i.e. 75,000 ticket brochures, Official Tournament Posters distributed regionally to 100 -plus country clubs, newspaper advertisements, etc. (commences upon signature of agreement) ON -COURT SIGNAGE o Stadium court signage with name/logo: o 2 signs (3'x8' each) at court level, east and west sides 0 2nd show court signage with name/logo o 1 sign (2'x4') at court level 0 3rd show court signage with name/logo o 1 sign (2'x4') at court level ADVERTISING o One (1) full-page advertisement in the Official Tournament Program o One (1) public address announcement per session on stadium court o Right to incorporate sponsor's tournament affiliation in promotional activities ONLINE MARKETING o Recognition on Official E -Newsletter including a "Featured Introduction" to 5,000 -plus sponsors, VIP's, box holders and premier Delray Beach ITC patrons via YellowTennisBall. com o Recognition and company link on Official Tournament Website (950,000 - plus page views annually) o Recognition and interaction on Official Social Media Sites i.e. Facebook (40,000 -plus monthly post views and 400,000 -plus annual fan page views) TICKETS and HOSPITALITY 0 1 courtside box (4 seats) per session for 18 sessions 0 2 VIP parking passes per session o Access throughout the tournament week to the private Champion's Club, featuring "Happy Hour All Day Every Day—Buy 9 Get I drinks", snacks and live TV coverage of the matches in an indoorloutdoor oasis overlooking the event o Invitations for 4 people to attend the VIP Sponsors/Meet the Players Party SPECIAL PROMOTIONS o One display booth (size: 10'x10`) in the main merchandising area with credentials and parking pass for the duration of the events o Opportunity to participate in a Health Fair or similar event if one is organized in 2013 by the City of Delray Beach for its employees TERM 2013-2014 COST $44,000 in 2013 $49,000 in 2014 In exchange for the provision by Cleveland Clinic Florida of medical services at the events for the ATP pros, Cleveland Clinic Florida will receive the following benefits: 1. Exclusive sponsorship of the Injury Report during tv coverage by Tennis Channel of the event (but not including any thirty-second advertising units) 2. Signage at Delray Beach Tennis Center during the weeks of the year when the facility operates as a public tennis facility, not a professional tennnis venue. Two signage locations will be provided. Each sign will be a maximum size of 32 square feet. The signage will be provided by CCF, subject to City code. 3. Signage at Miller Park in Delray Beach. This site includes baseball and soccer fields. Two signage locations will be provided. Each sign will be a maximum size of 32 square fee. The signage will be provided by CCF, subject to City Code. 4. Promotional booth (size: 10 feet by 20 feet) at Delray Affair (2013 dates: April 5-7) MEMORANDUM TO: Mayor and City Commissioners FROM: Vin Nolan, CEcD, Economic Development Director THROUGH: David T. Harden, City Manager DATE: December 6, 2012 SUBJECT: AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 RESOLUTION NO. 62-12 /DELRAY BEACH ECONOMIC DEVELOPMENT FUND ITEM BEFORE COMMISSION Establish specific program guidelines for economic development incentive programs funded through the City budget and the Delray Beach Economic Development Fund. BACKGROUND Earlier this year, the City Commission established the Delray Beach Economic Development Fund by adopting Resolution 21-12. The initial purpose of that fund was to provide City economic development incentive funding for the local match required by the State in recruiting companies from out-of-state to Delray Beach. The initial funding was up to $1,000,000 of funds currently included within the City's unrestricted General Fund reserves. During the City's budget development process over the summer it was proposed to create additional incentives to be offered by the City for businesses relocating to Delray Beach from other areas within Florida, to expand existing businesses within Delray Beach and to support entrepreneurial development in Delray Beach. These incentives were intended to be budgeted as part of the City's annual budget planning process and the City Commission's adopted budget funds these programs initially for the 2012/2013 year at $100,000. Once funding had been committed, staff began developing the specific program guidelines which are the subject of consideration at this time. This resolution affirms the process for out-of-state companies seeking match funding from the City, as it requires the application process to follow the existing norms established by the State of Florida and Palm Beach County via the Business Development Board (BDB). The local incentive programs that follow in the resolution are those which require creation of a specific outline of qualifications and process. The qualifications and process are outlined in accompanying documents as program guidelines. These will be promoted on the City web site, the Delray Beach Business Development web site and the Greater Delray Beach Chamber of Commerce web site. Links will also be imbedded in the web sites to the Delray Beach CRA, the Delray Beach DDA and the BDB. Each of the new programs being proposed has a basis in programs that have been successfully implemented in other regional markets and the structural guidelines mirror the program guidelines that are used by Palm Beach County and Enterprise Florida. The three new incentive programs to be established are: 1. Rent Assistance Incentive 2. Job Creation Incentive 3. Unique Opportunity Alternative Incentive The Rent Assistance Incentive operates on a three year reimbursement basis, based on the number of jobs the applicant will ultimately create in Delray Beach. Critical elements for qualification are: a. Create a minimum of fifty (50) high -paying new jobs within the first two years of the agreement.. b. A minimum five-year lease agreement for space within the City of Delray Beach. c. In business for at least three years with progressive financial improvement. d. Is in a targeted business class, or locating in a targeted area within the City. e. Bring a significant potential for economic growth to the community. f. Have a complete and detailed business plan. Incentives provided by this program afford matching grants of up to $50,000 (up to 50% of the first year annual rent or lease payments), as follows: a. Up to $50,000 (up to 50% of the annual rent or lease amount) for the initial year; b. Up to $25,000 (up to 25% of the annual rent or lease amount) for the second year; c. Up to $10,000 (up to 10% of the annual rent or lease amount) for the third year; d. With the business paying the full amount for the fourth and fifth years. Existing local businesses expanding into larger space may also qualify for the program based on the economic impact of their expansion. The Job Creation Incentive has a much lower threshold for qualification, but may be more impactful for smaller growing companies in the region. It affords the City the opportunity to provide one time grants to companies with significant capital improvement projects creating long-term tax base growth while relocating a significant number of employees to the City, or creating new employment opportunities due to expansion. Specifically, they must create and/or relocate 20 or more new, full time, non -retail jobs paying an average annual salary at or above the current average annual salary for all privately owned businesses in Palm Beach County. Critical elements for qualification are: a. involve a targeted industry; b. locate/expand in areas targeted for economic development or redevelopment; c. add to the diversity of the local economy; d. substantially contribute to increasing the ad -valorem tax base; e. involve a major investment, such as construction or renovation of a facility. Incentives provided by this program are one time grants based upon the following suggested schedule: Number Of New Jobs Amount of Award per Job Minimum Required Job Maintenance Period 20-49 $250-500 36 Months 50-99 $500-750 48 Months 100+ $750-1,000 60 Months The awards per job identified above are only guidelines and may be modified by the City Commission based on other factors including but not limited to: relocation/expansion site is in a targeted development area and/or enterprise zone; involves construction/renovation of a facility; higher average annual salary of new jobs; limited available funds in Economic Development Incentive Fund; and competition among applicants for the remaining funds. The Unique Opportunity Alternative Incentive is what could be called a catch-all that allows the City Commission to consider possibilities for an economic development incentive that fall outside the parameters of the previous programs. There are no guidelines to govern this program, other than a detailed application outlining the request of the specific business. At present, one could say we already have this option available; but we just don't advertise it. This program says to an inquiring business that we have specifically outlined certain programs that are available to them based on definite criteria. If they believe they offer something very special to the City of Delray Beach in terms of job creation or capital investment, this program encourages them to suggest what it might take for us entice them here. Each of the three programs will have a job creation component attached. Failure to maintain the jobs created and incentivized by these programs, for the full term of the specific program, will require repayment of incentive dollars to the City of Delray Beach. Following approval of the proposed Resolution No. 62-12, staff will immediately begin to develop specific contract documents with the City Attorney and internal operating protocols with the Finance Director for managing these additional tools. Concurrently, the Economic Development Director will announce to the local business community and our economic development partners around the state that the City of Delray Beach has taken another dramatic step forward to grow our local economy. RECOMMENDATION Recommend approval of Resolution No. 62-12, which establishes the Delray Beach Rent Assistance Incentive Program, the Delray Beach Job Creation Program and the Delray Beach Unique Opportunity Incentive Program to be funded through the Delray Beach Economic Development Fund as outlined. RESOLUTION NO. 62-12 A RESOLUTION OF THE CITY OF DELRAY BEACH RECOGNIZING THE IMPORTANCE OF ECONOMIC DEVELOPMENT AND ECONOMIC DEVELOPMENT INCENTIVES TO THE FINANCIAL STABILITY OF THE CITY APPROVING AN ECONOMIC DEVELOPMENT INCENTIVES POLICY FOR THE CITY OF DELRAY BEACH PROVIDING FOR SEVERABILITY PROVIDING FOR REPEALER PROVIDING AN EFFECTIVE DATE. WHEREAS, the City recognizes that a significant part of the financial stability of the City is a strong economic base and a strong economic development plan; and WHEREAS, the City has acknowledged that a successful economic development plan includes economic development incentive programs; and WHEREAS, the City desires to have a consistent policy for the City economic development programs now therefore NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the City Commission recognizes the importance of economic development and economic development incentives to the financial stability of the City. Section 2. That the City Commission previously approved the creation of the City of Delray Beach Economic Development Fund. Section 3. That the City Commission approves the Delray Beach Economic Development Incentives Policy a copy of which is attached hereto. Section 4. If any section subsection clause or provision of this resolution is held invalid the remainder shall not be affected by such invalidity. Section 5. All resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. Section 6. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED in regular session on the 11t`' day of December, 2012. MAYOR ATTEST: City Clerk RES NO. 62-12 RENT ASSISTANCE INCENTIVE PROGRAM CITY OF DELRAY BEACH, FLORIDA PROGRAM GUIDELINES I. FUND AMOUNT: The total funds allocated to the Rent Assistance Incentive Program will be identified in the economic development program budget for the fiscal year, which is entirely contingent on approval by the City Commissioners of the City of Delray Beach. II. OVERALL GOAL: Support the economic stimulus of the City of Delray Beach to achieve an appreciable long term expansion of the local economy, enhance the prospects for business growth, and provide additional full time employment opportunities (preferably skilled and good paying jobs) for the residents of the City of Delray Beach. ELIGIBILITY CRITERIA III. APPLICATION SELECTION CRITERIA: 1. Intent of Incentive Program Relocation or expansion of larger commercial, industrial, office, and agricultural -related entities within the City of Delray Beach (retail, restaurant and other similar service businesses are ineligible), which create new employment opportunities for residents; and which also meet one or more of the following important considerations a) involve a targeted cluster industry* (as identified by Enterprise Florida); b) locate/expand in areas of Delray Beach targeted for economic development or redevelopment; c) add to the diversity of the local economy; d) substantially contribute to increasing the ad -valorem tax base of Delray Beach; e) involve a major investment, such as construction or renovation of a facility. 2. Job & Salary Commitments Relocation or expansion projects will be required to: a) create and/or relocate fifty (50) or more new full time non -retail jobs in Delray Beach within the first two years of the agreement; and b) pay an average annual salary at least 115% of the Palm Beach County median income, as determined by Workforce Alliance and the Florida Department of Economic Opportunity, for all privately owned businesses in Palm Beach County. 3. Rent Assistance Incentive Averaee Annual Salary Identification The applicant will identify and commit to providing an average annual salary for the new jobs which will be at least 115% of the median income in Palm Beach County (average of all local privately -owned businesses). An important consideration to the City of Delray Beach is whether an applicant will commit to paying a high or very high average annual salary for the newly created/relocated jobs which exceeds or preferably far exceeds the County's average annual wage (private sector only). A business proposing to pay a high or very high salary for the new jobs might possibly increase the prospects that the City leadership will support the company's receipt of an incentive award under this program. The applicant will be required in the Economic Development Incentive application to identify two average annual salaries for the new jobs: a) All New Jobs. Identify the average annualized salary for all new jobs. Include all exempt and non-exempt employees and all officers and senior corporate executives that will represent the total number of new full time jobs to be created/relocated in Delray Beach. b) Non -Executive Jobs Only. Identify the average salary per annum of the new exempt and non-exempt employees only; exclude from these calculations the average annual salary of the officers and senior corporate executives which are included in (a) above. The salary figure (excluding benefits) for (a) above will be the salary commitment in the agreement and is derived according to (c) below. c) Determining Average Annual Salary of New Jobs. The job/salary commitment that the applicant identifies in the application will be based on the wage criteria of the Quarterly Census of Employment and Wages Program (QCEWP), also referred to as the ES -202 Program ( * see below). Include total pay for work, earned wages and remuneration on an annual basis, including: Direct actual salaries, tips, bonuses, commissions, overtime, stock options, drawing accounts (against future earnings), paid leave, sick pay, vacation pay, and other payments such as cash value of meals and lodging, and employer contributions to deferred compensation plans including 401(k) plans. Excluded benefits: Employer contributions to Old -age, Survivors', and Disability Insurance (OASDI), health, life and unemployment insurance, worker's compensation, private pension and welfare funds. * The QCEWP/ES-202 Program is a cooperative program involving the Bureau of Labor Statistics (BLS) of the U.S. Department of Labor and at the state level the State Employment Security Agencies (SESAs). In Florida, the ES -202 Program is under the jurisdiction of the Department of Economic Opportunity. Florida Department of Economic Opportunity: www.florida*obs.org e-mail: gcew@deo.mvflorida.com U.S. Bureau of Labor Statistics: www.bls.gov/cew/cewover.htm 4. New Job Performance, Maintenance & Verification a) The required number of jobs will be provided and filled (i.e., any position or job classification identified on the payroll that is actually filled by a new employee) within twenty-four (24) months of the commencement date of the grant agreement. b) The company and Delray Beach will negotiate a relocation timeframe, which generally can range from 12 months to 36 months (e.g., 17 months, 22 months, 34 months, etc.). c) Section VII below elaborates on the requirements for the audit that the independent Certified Public Accountant (CPA) must adhere to in order for the performance audit that is completed by the CPA to be deemed acceptable to Palm Beach County; and d) The new jobs will be maintained at minimum for an additional 24 months, commencing upon the company providing Palm Beach County with an independent audit providing verification of compliance by the company with the performance standards of the grant agreement. 5. Exceations to Criteria The Economic Development Director may recommend applying criteria to a particular application that differs from the standard criteria set forth above in order to insure compliance with the goals and mandates of the Rent Assistance Incentive Program. City Management must initially review and support any exceptions to the program criteria. This is in order for the Economic Development Director at a later date to present a Rent Assistance Incentive agreement to the City Commission which recommends that the Commission: a) waive a standard criteria of the Rent Assistance Incentive Program (note: waiver is rarely considered or justified); and b) approve the grant agreement. IV. INCENTIVE AWARD LIMITS 1. Maximum Award This incentive program provides matching grants of up to $50,000 (up to 50% of the first year annual rent or lease payments) for businesses moving into existing vacant building space. Existing businesses expanding into larger space may also qualify for the program based on the economic impact of their expansion. There is a potential for a larger award upon recommendation by the City Manager and the Economic Development Director. The final determination on the recommendation of the total award amount can only be made by the City Commission. 2. Incentive Award Parameters The Rent Assistance Incentive Program is based on and requires a five year lease in which the City of Delray Beach will pay: a. Up to $50,000 (up to 50% of the annual rent or lease amount) for the initial year; b. Up to $25,000 (up to 25% of the annual rent or lease amount) for the second year; c. Up to $10,000 (up to 10% of the annual rent or lease amount) for the third year; d. With the business paying the full amount for the fourth and fifth years. Failure to maintain the jobs created and incentivized by this program, for the full term of the program, will require repayment of incentive dollars to the City of Delray Beach. 3. Minimum Grant Award There is no minimum award per application. V. DEFINITIONS New Job — A full time or equivalent job (minimum of 2,080 hours annually) that is created in or relocated to the City of Delray Beach which adds to the City's total job base, adds incrementally to the company's payroll, results in a net increase in the number of employees, and involves only a new employee working on-site at the company's facility that is located in Delray Beach. A full time or equivalent job may include permanent salaried, part-time, leased employees, and contractors and subcontractors. Relocating Employee — A full time or equivalent employee currently identified on the company's payroll that is being relocated to Delray Beach. VI. PROGRAM PROCESS 1. Economic Development Incentive Fund —City Commission establishes funding for Rent Assistance Incentive Program through the annual budget process funding the Economic Development Incentive Fund. 2. Economic Development Director Assistance —The applicant is encouraged to request assistance from the Economic Development Director for the City of Delray Beach to help determine whether the company will qualify under the Rent Assistance Incentive Program Program's eligibility criteria. a) The Economic Development Director will assist the company to completely and satisfactorily fill out the application and submit it (enclosing all required documentation) to the City Manager for consideration by the Delray Beach City Commission. b) The application will identify the total number of new full time jobs and the average annual salary (excluding benefits) of the new jobs. It will further provide details relative to the leasehold property, including all letters of intent and/or lease offers. c) For an expansion project of a business currently located in Delray Beach, the Economic Development Director will ensure that the applicant provides a certified or notarized letter by an officer of the company verifying the current number of full time employees on its payroll in Delray Beach at the time of application. d) The involvement of the Economic Development Director in the application process provides the City of Delray Beach with additional input on an application, which is helpful in as much as there may be competition among applicants for funding assistance. Rent Assistance Incentive Program funds may be limited in any fiscal year. 3. Application Submittal with Audited Financials FINANCIAL AUDIT— The Business submits the Rent Assistance Incentive Program application to City Management for processing by the Economic Development Director with independent CPA audited financial statements for the most recent three (3) years included. Exception: a) Business has existed less than three (3) years; b) In instances where independently audited financial statements for most recent three (3), two (2) or one (1) years are submitted by a business for its subsidiary, with the subsidiary business identified as the Rent Assistance Incentive Program applicant on the application form, the parent or holding company of the subsidiary applicant must therefore agree to be a party to and co-signee of a Rent Assistance Incentive Program grant agreement along with the subsidiary applicant signing (and thereby obligated per) the agreement. c) Tax returns for the most recent three (3) years may be submitted in lieu of independent audited statements for most recent three (3) years for a business which is not required by federal, state or financial institution regulatory requirements or policies to have audited statements prepared for its business and operations. The applicant must however explain in writing when the Rent Assistance Incentive Program application is submitted to City Management which federal, state or financial institution regulatory requirements or policies do not require the company to have audited statements prepared. The applicant must identify whether it is a publicly held company or a privately held company. d) In the event the date of the most recent audited statements indicate that more than six (6) months will have elapsed since their preparation and the anticipated date of the completion / submittal of the Rent Assistance Incentive Program application to the Economic Development Director, the applicant may be required to provide interim financial statements to the City, which may be prepared internally. e) The audit at the time of application, which must be performed by an independent CPA and provided on the CPA's letterhead, must be an audit for which the auditor did "examine" the applicant company's financial statements and expresses a written "opinion" on the financial statements; (i.e., "in our opinion"). f) The examination must be conducted in accordance with standards established by the American Institute of Certified Public Accountants. g) The applicant's annual report to stockholders, including an independent accountant's report is acceptable, provided audited financial data for three (3) years is included. h) A report by an independent CPA that is a "review or agreed-upon procedures report" on the financial statements is unacceptable to Palm Beach County, and will result in the following: i) Applicant is informed by staff that the application cannot be processed unless the company provides Delray Beach with appropriate audited documentation as specified above. ii) Upon receipt of the appropriate audited documentation, processing can continue. iii) Within a reasonable and mutually agreed to period of time, if the applicant either cannot or does not provide City staff with the appropriate audited documentation, processing of the application will cease. Application will be considered null and void. i) Economic Development Director reviews and screens application. Economic Development Director may, if it is deemed necessary for a complete review, forward an application to an appropriate designee having expertise in a given industry. j) All financial statements and application are forwarded to the City of Delray Beach Finance Director for review and comment. k) Whenever the financials or consolidated financials of a parent or holding company are submitted with the application on behalf of and in lieu of financials of the actual applicant, which is a subsidiary of the parent/holding company, the parent/holding company must be party (i.e., additional signee) to any future agreement. Under these circumstances, the name of the business entity for whom the financials pertain and the name of the applicant business will both appear in the grant agreement. Any proprietary confidential business information submitted to the City as part of the incentive application processes is exempt from the public records law provided the requirements for exemptions, such as receiving a request for the information to be kept confidential, will be kept confidential subject to and in accordance with Section 288.075 Florida Statutes. 4. Review Completion & Application Disposition a) After initial screening of the application by the Economic Development Director, and Finance Director's review of the applicant's financials, the Economic Development Director, the City Finance Director and the City Manager will meet to review the application in order to determine whether the City will issue a Letter of Intent recommending that the City Commission approve a Rent Assistance Incentive Program grant award for the applicant or release a Letter of Denial to the company. b) In the event of a Letter of Denial, City Management will give the company additional time to provide any pertinent documentation and/or clarification that the company believes might alter the City Management's disposition to not support the application and to not recommend a grant award. 5. Notice of Intent a) Following City Management's issuance of a written notice of intent (with negotiated grant agreement enclosed) to recommend approval of a Rent Assistance Incentive Program application, the company has 60 days to finalize (execute and return) the agreement for processing in anticipation of City Commission action. b) Failure to complete the agreement within this 60 day period will nullify the recommendation. However, the company may request a time extension on executing the agreement. The request should be submitted in writing prior to expiration of the 60 day period. c) City Management will review the request and determine whether to grant a time extension for the company to execute the agreement and return same to the EDO. d) A notice of intent issued without a grant agreement enclosed, which normally occurs due to timing considerations, will require that the company and the City Economic Development Director immediately begin negotiating an agreement. 6. Grant Submittal to City Commission a) Upon receipt of an executed grant agreement from the company, the City Manager and the Economic Development Director prepare an agenda item on the Rent Assistance Incentive Program grant agreement for presentation to the City Commission for approval and execution. b) The Delray Beach City Commission, at its sole discretion, may accept, reject or modify any grant agreement. 7. Grant Performance Compliance & Reimbursement Procedure a) Upon the company satisfying the new job and salary commitments of the Rent Assistance Incentive Program, the company may seek reimbursement for eligible costs. b) Pursuant to the agreement, the company submits the reimbursement request to the Economic Development Director, which must be accompanied by the CPA's report on the jobs created/relocated, the average annualized salary of the new jobs and the invoices, as specified in (c) and (d) which follow below. c) INVOICE DOCUMENTATION: City Finance Director reviews invoices and supporting documentation from a grantee, checks the invoices for compliance with the grant agreement and Rent Assistance Incentive Program Guidelines. i) The grant funds will be provided only for reimbursement of rental expenses as identified in the Rent Assistance Incentive Program agreement. ii) Reimbursable expenses must not occur and thus must not be dated prior to the commencement date of the Rent Assistance Incentive Program agreement, and must be directly related to the applicant's relocation/expansion project in Delray Beach. iii) All reimbursement requests must adequately describe the expenses and establish that the expense was actually incurred by the company in association with the applicant's relocated or expanded business operations in Delray Beach. iv) Refer to #10 below in the event any grant funds will be reserved for a local match requirement. d) PERFORMANCE AUDIT: Reimbursement requests must be submitted to the Economic Development Director and accompanied by documentation satisfactory to the City of Delray Beach, including an examination by an independent CPA as set forth below. i) The Rent Assistance Incentive Program agreement will require that there be an independent examination by a CPA to verify the accuracy of the number of the new full time jobs which were created and/or relocated pursuant to the Rent Assistance Incentive Program agreement, and the average annual salary (excluding benefits) of those new jobs. ii) This audit must be performed by an independent CPA, must be provided on the CPA's letterhead, and must be an audit for which the auditor did "examine" the grantee's representations for the facility located in the City of Delray Beach. The CPA must express a written "opinion" on the attached schedule(s) of new jobs created/relocated and the average annualized salary for the jobs created/relocated. iii) The examination must be conducted in accordance with standards established by the American Institute of Certified Public Accountants and include examining evidence supporting the company's schedules of new jobs and average annualized salary of the new jobs. iv) An audit by an independent CPA that is a "review or agreed-upon procedures report" concerning the company's schedules is unacceptable to the City of Delray Beach. v) Applicant is informed by staff that the review of the audit and reimbursement request cannot move forward until the company provides the City of Delray Beach with the appropriate audited documentation specified above. vi) Upon receipt of the appropriate audited documentation, processing can continue. vii) Within a reasonable and mutually agreed to period of time, if the grantee either cannot or does not provide City staff with the appropriate audited documentation, processing of the audit and reimbursement request will cease. Pursuant to the terms of the Rent Assistance Incentive Program grant agreement, the agreement will automatically terminate if the grantee is unable to comply with the audit and timeframe provisions of the grant agreement. viii) Thus, the City Finance Director will not process invoices for payment until grantee meets the agreed upon performance measures as verified by an independent audit. 8. QTI Matching Payment — The City Finance Director will reserve and not release any funds from the grant directly to the company that may be required as the local match under the State of Florida Qualified Targeted Industry Tax Refund Program, as explained further below. 9. Eligible Costs Dispute & Resolution — If there is any dispute over the eligibility of costs submitted for reimbursement, such dispute shall be submitted to the City Manager for final resolution. 10. Qualified Target Industry Tax Refund Program — In the event the company enters into an agreement with the State of Florida to receive State tax refunds pursuant to the State of Florida Qualified Target Industry (QTI) Tax Refund Program as set forth in Chapter 288, Florida Statutes, as may be amended, the following shall apply: a) Maximum Match Amount. An applicant may choose to seek a Rent Assistance Incentive Program grant without initially seeking QTI Program benefits. Any grant funds provided for under a Rent Assistance Incentive Program agreement may be used by Delray Beach as reimbursement toward the required QTI local match of up to 20%. The total match amount provided by the City may exceed the total JC Rent Assistance Incentive Program I grant provided, however it is not intended to be in addition to the Rent Assistance Incentive Program grant amount. b) Match Payment Procedure. The grant funds paid by the City on behalf of the company as part of the required QTI local match, and as provided for under an agreement, shall be paid directly by the County to the State of Florida Economic Development Trust Fund in accordance with the QTI Program. c) QTI Commitment Nullified. If the company does not satisfy all of its QTI contractual obligations with the State of Florida, which results in the termination of the QTI agreement, but complies fully with its grant commitments with the City, the company shall be entitled to seek reimbursement of expenditures of funds pursuant to its Rent Assistance Incentive Program grant. However, any funds that may have been provided to the State of Florida toward the QTI match shall be subtracted from the total grant amount. 11. Grant Maintenance Compliance a) MAINTENANCE REPORT—The Rent Assistance Incentive Program agreement will require the submittal of an agreed upon procedures report to the Economic Development Director to verify that the number of new full time jobs which were created and/or relocated (for which the company was compensated based on the number of jobs created) have been maintained for the required number of months, and at the average annual salary identified in the performance audit. b) The job maintenance period will immediately commence upon the company having been reimbursed by the Finance Office following the determination as to the extent of the grantee's compliance with the Rent Assistance Incentive Program agreement. c) The agreed-upon procedures report must be performed by an independent CPA, provided on the CPA's letterhead, involve the auditor's testing of the grantee's payroll records and representations on the positions maintained at the required wage level for the facility located in Delray Beach pursuant to the Rent Assistance Incentive Program Rent Assistance Incentive Program contractual obligations, and identify the procedures performed by the CPA in accordance with standards established by the American Institute of Certified Public Accountants. Procedures will include testing of not less than eight (8) payrolls to determine the number of maintained employees in Delray Beach and the average annual salary during the maintenance period. The report must be satisfactory to the City in its sole discretion. d) The company will be informed by City staff whenever the review of the job maintenance report cannot move forward until the company provides the City of Delray Beach with additional, appropriate documentation, as specified. e) Upon receipt of the appropriate documentation, processing of the report can continue. f) Within a reasonable and mutually agreed to period of time, if the grantee either cannot or does not provide City staff with the necessary and appropriate documentation, processing of the report will cease. Pursuant to the terms of the Rent Assistance Incentive Program agreement, the agreement will automatically terminate if the grantee is unable to comply with the job maintenance provisions of the agreement. g) Under the circumstances of (f) above and according to the terms of the Rent Assistance Incentive Program agreement, the City will seek a refund from the grantee of the funds provided to the grantee based on the performance audit. h) The Economic Development Director will inform the grantee, the pertinent City departments and the City Manager as to the final outcome and disposition of the maintenance report following staff completing its review of the report. 12. Business Survey—The Economic Development Director will periodically distribute a Business Survey to the recipients of a Rent Assistance Incentive Program grant award to determine the ongoing economic impact of the relocation or expansion. The results of the survey will be forwarded to City Management and the City Commission. VIII. PROGRAM INQUIRES Inquiries on the Rent Assistance Incentive Grant Program, including obtaining a complete application packet, should be directed to: The Economic Development Director for the City of Delray Beach 20 N. Swinton Avenue Delray Beach, FL 33445 PHONE (561) 276-8640 FAX (561) 276-8558 e-mail: nolanv@mydelraybeach.com www.businessdelray.org In addition, questions concerning the State of Florida Qualified Target Industry (QTI) Tax Refund Program, and the possible use of County's funds toward the required local match under the State's QTI Program, may be handled by either: Palm Beach County Office of Sustainable Economic Development P.O. Box 1989, West Palm Beach, FL 33402-1989 301 N. Olive Avenue, West Palm Beach, FL 33401 - 10th Floor PHONE (561) 355-3624 FAX (561) 355-6017 www.pbcgov.com/edo or Business Development Board of Palm Beach County, Inc. 301 Evernia Street, West Palm Beach, FL 33401 PHONE (561) 835-1008 FAX (561) 835-1160 www.bdb.org In addition to satisfying the above identified requirements of the Rent Assistance Incentive Program Guidelines, the applicant is advised: Not to employ or retain any company or person, other than a bona fide employee working solely for the applicant, to solicit or secure the grant award, and not pay or agree to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the applicant, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of the grant award. *Targeted Cluster Industry (industries identified are subject to change; the Delray Beach City Commission may add/delete targeted local industries) aerospace / engineering marine agribusiness / equine medical / pharmaceutical / health care business / financial services science / technology communications / information technology tourism / recreation / entertainment MEMORANDUM TO: Mayor and City Commissioners FROM: Robert A. Barcinski, Assistant City Manager THROUGH: David T. Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 10.I. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 WRITE-OFF SPECIAL EVENTS DEBT ITEM BEFORE COMMISSION Commission is requested to consider approval of write offs of amounts owed to the City for various Special Events. BACKGROUND Attached is a list of amounts still owed to the City for various special events. In addition, the list indicates the event contact, event name, date of the event and first date invoiced. Numerous follow up bills have been sent to try to collect these amounts. Various policy changes have been made to help alleviate these problems in the future. An event producer who does not pay the City is prohibited from holding another event. In addition, new events, especially larger events are being requested to provide a deposit of up to 50% six (6) weeks prior to to the event. The deposit amount is at the discretion of City Commission. The Finance Department is requesting consideration of writing these amounts due off the books. It is unlikely that these will ever be paid. RECOMMENDATION Staff recommends consideration of approval to write off amounts owed to the City for special events as presented. Past Due Special Events as of 9/30/2012 Name Event Amount Date of Event Date Invoiced Jackson Destine Haitian Flag Day $ 2,565.03 May 24, 2009 06/05/2009 DB Entertainment Carnevale DB $ 16,071.26 March 25-26, 2011 04/13/2011 Michael Posner DB Film Festival $ 1,666.25 March 21-28, 2010 04/27/2010 Roots Cultural Festival Roots Festival $ 15,096.83 $ 5,262.17 $ 10,476.17 August 07, 2004 August 10, 2007 August 08, 2008 09/19/2005 09/20/2007 09/23/2008 Total amount Due $ 51,137.71 Cah/RAB Past due special events/commission.docx MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 5, 2012 SUBJECT: AGENDA ITEM 10.1- REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 OFFER OF SETTLEMENT IN LANDMARK ADVERTISING, LLC V. CITY OF DELRAY BEACH ITEM BEFORE COMMISSION Offer to settle a complaint filed by Plaintiff, Landmark Advertising, LLC. BACKGROUND This is an offer by Plaintiff to settle a case pending against the City. The case involves a Complaint for Declaratory and Injunctive Relief as a result of allegations that Landmark was denied an application for sign permits to construct two (2) billboards within the City of Delray Beach, resulting in an alleged denial of their First Amendment Rights of Free Speech and Fourteenth Amendment Rights of Due Process. Additionally, Landmark has alleged that the City's sign code language, contained in Section 4.6.7 of the City's Land Development Regulations, is content -based and therefore unconstitutional. The Complaint was filed in the United States District Court for the Southern District of Florida on December 3, 2012. Our office has not yet filed a responsive pleading (it is not due until 12/24/12). The Plaintiff submitted a proposed offer of settlement contemporaneously with the Complaint, providing that the Plaintiff will agree to dismiss the lawsuit, and pay to the City $75,000.00 per sign for two (2) signs with each party to pay its own fees and costs provided that the City allows the Plaintiff to construct the two (2) off -premise billboards to be located at 855 NW 17th Avenue and 975 South Congress Avenue along I-95. The proposal provides the signs will be constructed according to FDOT standards and that if the proposal is accepted, the parties will be required to enter into a settlement agreement that will be filed with the Court so that the Court will retain jurisdiction to enforce its terms. The Plaintiff submitted a proposed settlement agreement which has been provided as back up to this memorandum. If you are inclined to accept their offer of settlement there are certain sections of the proposed settlement agreement that would need to be amended as we could not agree to some of the requested terms. Our office is confident that our sign code passes constitutional muster based on recent case law pertaining to billboards, however, if the Court ruled against us, our sign code could be thrown out in its entirety and we may have to pay damages and attorney's fees and costs to the Plaintiff pursuant to 42 U.S.C. § 1988. RECOMMENDATION The City Attorney's Office recommends denial at this time. SETTLEMENT AGREEMENT BETWEEN CITY OF DELRAY BEACH AND LANDMARK ADVERTISING, LLC THIS AGREEMENT is entered into this day of December, 2012, by and between LANDMARK ADVERTISING, LLC, ("LANDMARK"), a Florida limited liability company, its successors and assigns, whose address is c/o Wade F. Johnson, Jr., 4255 Tidewater Dr., Orlando, FL 32812 and the CITY OF DELRAY BEACH, a Florida municipal corporation, whose address is 100 NW 15tAve., Delray Beach, FL 33444 ("CITY"), as follows: RECITALS LANDMARK is a sign company that has applied for permits to construct billboard signs for commercial and non-commercial speech at various locations throughout the CITY; and The CITY denied the applications for sign permits submitted by LANDMARK; and LANDMARK filed a law suit against the CITY in U.S. District Court challenging the constitutionality of the CITY's sign ordinance; and LANDMARK and the CITY each wish to avoid the continuing expense and risk of a lawsuit; and LANDMARK has agreed to withdraw all previous applications and, in exchange, the CITY shall grant LANDMARK all necessary permits and approvals to allow LANDMARK to construct billboard signs along Interstate 95 (1-95"); and The CITY is entering into this Agreement as a compromise of a disputed claim and the CITY does not admit any liability; and The parties agree that this is a settlement of a disputed claim as to the validity of the CITY's sign ordinance and a disputed claim as to the right of LANDMARK to obtain permits under the CITY's sign ordinance, and LANDMARK and the CITY each have full authority to enter into this Agreement and have followed all necessary procedures and have obtained all necessary approvals and ratifications prior to execution of this Agreement; and Both parties consider it to be in their best interests and in the interests of the citizens and property owners of the CITY to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree each with the other as follows: Section 1. Recitals. The recitals above are true and correct and are incorporated herein by reference. Section 2. Construction of Signs. LANDMARK shall have the exclusive right to construct billboard sign structures at locations visible to traffic on 1-95. LANDMARK shall have vested rights CITY LANDMARK to construct and maintain the billboards as described herein and the CITY and LANDMARK shall each diligently pursue all approvals necessary. The signs shall be placed so as to be primarily visible from the traffic lanes on 1-95. The CITY's sign ordinance does not specifically address requirements and restrictions for billboards in the CITY; therefore, the requirementsand restrictions that must be met by the sign structures, including, but not limited to, the size, shape, height, spacing and setbacks of the signs, shall be those contained in the applicable Florida Statutes and rules promulgated bythe Florida Department of Transportation ("FDOT"). The number of signs that may be erected shall be two and such signs shall be located at 855 NW 17th Ave. and 975 South Congress. LANDMARK shall be entitled to construct and maintain any sign at these locations that is permissible by FDOT, including, but not limited to static, digital, tri -vision, etc. and the CITY shall grant LANDMARK all permits (building, electrical, etc.) necessary to construct and maintain any such sign and to reengineer any such sign into another sign type permissible by FDOT. The shape of the signs shall be back-to-back or "W shape on a monopole base. Signs may be illuminated with lighting that is consistent with standard lighting used in the industry; however, no sign shall be so illuminated that it interferes with the effectiveness of or obscures any official traffic sign, device, or signal, nor shall the illumination interfere with drivers. The illumination shall not be provided by flashing lights, rotating lights or strobe lights. No signs on the structures shall emit noise. Signs may not display words such as "Stop" or "Danger" in such a manner to appear to require stopping or to imply the presence of danger, nor may sign copy imitate official signs (such as stop signs, interstate signs, etc.). The zoning for each sign structure location must be commercial, industrial, business/office or other zoning under which such sign structures are permissible. Any sign that must be replaced due to damage or destruction will be re -permitted, if necessary, for the same location. Section 3. Sign Content. LANDMARK shall not erect any sign advertising any establishment or business that could reasonably be characterized as providing adult entertainment, nor shall any sign contain sexually graphic materials, or contain any material that appeals to prurient interests. No sign shall contain any of the following: obscene language or language that describes sexual conduct; graphics that depict sexual conduct, human genitalia or buttocks which are not fully covered, or female breasts which are not covered below the top of the areola; or graphics which depict scenes or images which could reasonably be construed as being obscene or which appeal to prurient interests. Section 4. Compensation to CITY. LANDMARK agrees to pay the CITY a one-time permitting fee of $75,000.00 for each sign structure, payable as follows: $50,000.00 payable within three days following issuance of the later of the CITY's permit and the FDOT tags for the sign and $25,000.00 payable within three days following the date of the receipt of final approval (certificate of completion) from the CITY for the completed sign structure. The payment of the permitting fee shall be made payable to "City of Delray Beach" and shall be paid at 100 NW 1St Ave., Delray Beach, FL 33444. Section 5. Dismissal of Lawsuits. Within ten days after the date of execution of this Settlement Agreement, LANDMARK and the CITY shall file a Joint Stipulation dismissing any and all lawsuits LANDMARK has filed against the CITY, without prejudice. The Joint Stipulation shall provide that each party shall be responsible for its respective attorney's fees and costs and shall request that the court retain jurisdiction to enforce the terms of this Agreement. Section 6. Approvals. The CITY shall issue all necessary permits and grant all necessary approvals for LANDMARK to construct the signs within 10 business days after written notification to the CITY CITY 2 LANDMARK that an application for a sign structure is complete and ready for review. LANDMARK shall provide the CITY with engineered drawings of the sign structures and a specific purpose survey of the property on which the sign is to be located, showing the proposed location for the sign structure. LANDMARK shall comply with all applicable building codes for the construction and maintenance of the sign structures that are not inconsistent with the terms of this Agreement. The CITY shall cooperate in the execution of any documents necessary for LANDMARK to obtain FDOT permits, including, but not limited to, the FDOT Application for Outdoor Advertising Permit, which shall be executed by the CITY within 10 business days of the date it is submitted to the CITY by LANDMARK. The parties further agree that the CITY's ordinances and inspection/approval processes shall be applied in a reasonable manner to allow erection and maintenance of the sign structures, with the understanding that the intent of this provision is to provide rules to govern the ongoing relationship between the parties and the ongoing maintenance and repair of the sign structures, but it is not the intent of this provision that the CITY's ordinances and/or the CITY's inspection/approval processes be used to prevent the erection or maintenance of the sign structures or to prevent the furtherance of the intent of this Agreement. The CITY shall not in any event apply any procedure or fee that would impair LANDMARK in the exercise of its vested rights under this Agreement. Nothing contained herein shall prevent the CITY from enforcing its police powers and safety regulations in a manner not inconsistent with this Agreement. Section 7. Mitigation. In order to minimize the effect of the potential construction of the signs originally applied for by LANDMARK under the CITY's then existing sign ordinance, the CITY and LANDMARK agree that the sign permits described herein are the only sign permits that shall be issued to LANDMARK and that any other applications previously submitted shall be permanently withdrawn, with prejudice, at the same time as the dismissal of the lawsuit described in section 5 hereof. LANDMARK agrees that neither LANDMARK, nor its shareholders, directors, officers, or employees, will, either directly or indirectly, pursue any future challenge to the CITY's sign ordinance. Section 8. Miscellaneous. This Agreement shall be binding upon the parties hereto, their successors and assigns. The parties agree that there are no third party beneficiaries of this Agreement. LANDMARK and the CITY each have full authority to enter into this agreement and implement this agreement for all applications, locations and signs referenced herein and have followed all necessary procedures for this Agreement to be legal and binding. LANDMARK shall be in default if LANDMARK shall fail to pay any payment due hereunder within 15 days after written notice from the CITY that a payment is past due. As to any breach of this Agreement other than as described above, LANDMARK shall be in default if LANDMARK fails to cure such breach within 30 days after written notice from the CITY of the breach, except that LANDMARK shall not be in default hereunder if such breach is not capable of being cured within said 30 day period and LANDMARK has, within said 30 day period, commenced actions reasonably anticipated to cure said breach. The CITY shall be in default as to any breach of this Agreement if the CITY fails to cure such breach within 30 days after written notice from LANDMARK of the breach, except that the CITY shall not be in default hereunder if such breach is not capable of being cured within said 30 day period and the CITY has, within said 30 day period, commenced actions reasonably anticipated to cure said breach. In the event of a breach by the CITY, LANDMARK's remedies shall include, but not be limited to, specific performance of this Agreement. Notwithstanding the foregoing, the CITY shall be in default if the CITY fails to cure a breach under section 6 hereof within three days CITY 3 LANDMARK of receipt of written notice of said breach. Except as otherwise specifically described herein, the terms of this Agreement shall be applied separately to each completed sign structure as if there were a separate agreement for each sign structure. Any default hereunder shall only be as to the sign structure to which the default applies and shall not affect the other sign structures. LANDMARK shall, at its expense, defend, indemnify, and hold harmless the CITYfrom any cost, claim, action, liability or damage of any kind arising from any challenge by any third party to the terms of this Agreement or resulting from the signs. LANDMARK agrees to defend any such action and the CITY agrees to cooperate with LANDMARK in such defense Section 9. Settlement of Claim. LANDMARK understands that the only reason the CITY is allowing the construction of the signs described herein is for the settlement of disputed claims under the sign ordinance and that the CITY does not admit any liability in this Settlement Agreement. Section 10. Public Policy. LANDMARK, its successors and assigns, and the CITY, will not take any legal action to contend that this Settlement Agreement is illegal, unconstitutional or void as against public policy and both parties agree to take all actions to insure the intent of this Agreement is carried out, including, but not limited to, adopting or amending ordinances as necessary and approving variance requests relating to setbacks. LANDMARK, its successors and assigns, and the CITY further agree to waive any rights they have under any law, federal, state or local, to challenge the conditions contained in this Agreement. The parties recognize that the CITY may elect to amend the ordinances and Code of the City of Delray Beach to be consistent with this Agreement. LANDMARK will assist in this effort as requested by the CITY. The CITY agrees to prepare and execute such additional documents, and to take such other actions as may be necessary to effectuate the purposes of this Agreement, and LANDMARK will assist in this effort as requested by the CITY. As long as the CITY complies with this Agreement, neither LANDMARK, nor any of its subsidiaries, affiliated corporations or entities, or parent corporations, or assignees, will sue the CITY on sign issues, or provide financial or in- kind support to others who sue the CITY regarding the CITY's sign ordinance. The CITY will reasonably cooperate to resolve issues, if any, raised by any other governmental or permitting agency regarding the sign structures and the sign permits issued pursuant to this Agreement. The failure of the CITY to amend its ordinances and Code as set forth in this paragraph shall not affect the validity and enforceability of this Agreement. The parties agree and acknowledge that LANDMARK, by (1) the execution of this Agreement, (2) relinquishment of the claims asserted in the lawsuit, and (3) assumption of the obligations contained herein, has acquired vested rights to construct, operate, maintain, reconstruct and relocate the sign structures in accordance with the terms and conditions of this Agreement. It is the intent of the parties that this Agreement, and LANDMARK's significant reliance and substantial change in position based upon the terms contained herein, creates vested rights in LANDMARK, which vested rights have substantial economic value and which shall be recognized in the existing and subsequent regulations affecting the sign structures as may then exist. As such, the CITY agrees that it shall not take any official action, including, but not limited to, administrative or enforcement actions, or enact any ordinance or regulation that is inconsistent with, or otherwise deprives LANDMARK of its vested rights under this Agreement. CITY 4 LANDMARK Section 11. Assignment of Agreement. The rights and obligations of LANDMARK hereunder, and of any successor in interest, are fully assignable and the assignee of all such rights and obligations shall become completely responsible forthe fulfillment thereof and LANDMARK, or such successor in interest, shall be released from any further liability orobligation hereunder immediately upon any such assignment. LANDMARK agrees that any and all assignees or successors shall be given a copy of this Agreement and shall be specifically made aware of the terms and conditions of this Agreement and of the fact that they would also be bound by all the terms and conditions contained herein. No assignment shall be valid if LANDMARK, or the then current successor in interest, is in default of this Agreement at the time of such assignment. It is further the intent of the parties hereto that the vested rights created in favor of LANDMARK by virtue of this Agreement shall be fully assignable, and shall inure to the benefit of any third party to whom LANDMARK shall assign, sell or otherwise transfer any of its right(s) in, to or under this Agreement. In the event of any such assignment, sale or transfer, and the assumption or discharge of any of LANDMARK's obligations hereunder, said third party shall be deemed to have likewise acquired vested rights to construct, operate, maintain, reconstruct and relocate the Signs (to the extent of such assignment, sale or transfer) in accordance with the terms and conditions of this Agreement. Section 12. Relocation of Signs. The parties acknowledge that it is possible that LANDMARK may not be able to obtain all necessary leases, approvals or permits for location(s) originally chosen by LANDMARK for placement of signs or that, after a sign is erected, the sign may need to relocated because of blockage from buildings or trees, other construction issues, or causes or circumstances beyond LANDMARK's control. In such an event, LANDMARK shall be entitled to obtain a permit for a different location as described in Section 2 of this Agreement and to locate the sign, if not already erected, or relocate a sign that has been already erected, on such different location. The different location shall be a substitute for, and not in addition to, the previous location and must comply with all applicable FDOT permitting requirements, including all spacing requirements and all provisions of this Agreement. No change in the CITY's zoning shall affect LANDMARK's right to relocate a sign hereunder. The CITY shall not impose upon the owner of any property upon which a sign structure is located any requirement that a sign structure be moved or removed in order for the property owner to develop or redevelop the property or to obtain a permit for construction on the property. Section 13. Force Majeure. Failure by LANDMARK to perform any act required of LANDMARK hereunder on a timely basis shall not be deemed a breach or failure to perform by LANDMARK, if such failure is the direct result of, or due to, revolutions, insurrections, riots, wars, acts of enemies or of terrorism, acts of God, floods, tornados, hurricanes, other severe weather occurrences, national emergency, strikes, shortage or curtailment of material, labor, transportation, or utility services, or of any labor or production difficulty, or any cause beyond LANDMARK's control or without LANDMARK's fault or negligence (hereinafter referred to as "force majeure"). Any time for performance of any act by LANDMARK shall be extended by the duration of any force majeure. The term of this Agreement shall be extended for the number of months during which there is no advertiser on the sign structure due to force majeure. Section 14. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this CITY 5 LANDMARK Agreement. Section 15. Attorney's Fees and Costs. Each party shall bear its own attorney's fees and costs in completing the terms of this Agreement. In the event of a dispute hereunder, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees. Section 16. Notice. All notices, demands, and any other communication provided for herein shall be given in writing and shall be personally delivered or sent by United States Certified Mail, return receipt requested, postage prepaid and sent to the address provided in the introductory paragraph of this Agreement. Provided, however, that any party may, from time to time, give notice to the other parties of some other address to which notices to such party shall be sent, in which event notices to such party shall be sent to such address. Notice shall be deemed to be effectively given hereunder when personally delivered or three days after deposited in the United States Mail, postage prepaid, certified, return receipt requested, and addressed as above specified. Section 17. Indemnification/Hold Harmless. In the event that any third person or entity asserts any claim or brings any lawsuit concerning the validity of this Agreement, or any claims for damages or equitable relief arising from any permit issued in accordance with this Agreement, LANDMARK, its successors and assigns, agree to defend any such claim or lawsuit at its expense and to indemnify the City from any damages, costs, or attorneys' fees awarded as a result of the same. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. Witness LANDMARK ADVERTISING, LLC By: Its: (Please Print or Type Name) By: Its: (Please Print or Type Name) CITY OF DELRAY BEACH CITY 6 LANDMARK MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: December 10, 2012 SUBJECT: AGENDA ITEM 10.K. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 REVISED GENERAL EMPLOYEES INVESTMENT POLICY GUIDELINES ITEM BEFORE COMMISSION Approval of changes to the General Employees Investment Policy. BACKGROUND The General Employees Pension Board approved changes to the Investment Policy to broaden its restriction on one of its fixed income managers to allow that manager to maintain a market level of exposure to mortgage related bonds or fixed income. The change would increase the mortgage restriction from 15% to 30%. Please see the attached letter from Brendon Vavrica regarding the change. There is also an addition to the policy to reflect the benchmark that the Denver managed fund will be measured against. The change is reflected at the bottom of page 4 of the Investment Policy. RECOMMENDATION Recommend approval of the changes. , WTV lit-qttr As� i tTatiyliit'1111 December 10, 2012 City of Delray Beach City Commission 100 fiiW First Avenue Delray Beach, FL 33444 Dear Commissioners: I wanted to provide you a little background t- & 3 most recent change to the Investment Policy Statement for the Delray Beach General Eml,..: �:e Pension Plan. he change is just broadening a restriction;.* B',,. and had imposed on one of its managers which will allow the fund to maintain a market :. c.1 of exposure (to mortgage related bonds or fixed income) that it currently has with its other ; tanager. One of the current fixed income managers (I::,�.nver Investment Advisors), invests in a intermediate duration portfolio that we have : site to 150"0 mortgage exposure (see page 4, #7 of the investment policy statement). The Boas ,,jians to increase its allocation to Denver, who will be managing these funds with a long dura!lar- r.renchmark that currently has approximately 32% mortgage exposure. To accommodate t` -;s change in allocation, we have changed the mortgage restriction from 15% to 30%. If le'# gar : anged, it would force Denver to be drastically underweight one of the largest parts of the fi • 3r i o some markets. Again, this change is not incroasing the mor_, age exposure of the Plan, it will simply allow Denver to maintain a market level of exposure that the Plan already has with it other manager. Please let me know if I can be of any further assistance. Sincerely, r Brendon Vavrica, CFP@ City of Delray Beach General Employees Retirement Plan Pension Fund Investment Policy irece,:naertti?os��}�+�+, 2012 Name of Plan: Delray Beach General Employees Retirement Plan Plan Sponsor: City of Delray Beach, Florida Plan Board of Trustees: David Boyd Vincent Dole Jim Smith Stephen Swank Milena Walinski Pension Administrator: Retirement Committee Custodian: Salem Trust Money Managers: Dana Investment Advisors The Boston Co. State Street Global Advisors Rhumbline Advisors Denver Investment Advisors Investment Performance Monitor: Thistle Asset Consulting. Legal Counsel: Brian Shutt, City Attorney Actuary: Gabriel, Roeder, Smith & Co. Accountant: Caler, Donten, Levine, Druker, Porter & Veil P.A. SCOPE This investment policy shall apply to all funds under the control of the Retirement Committee of the City of Delray Beach General Employees' Retirement Plan (hereinafter also referred to as the committee or pension board). PURPOSE The purpose of this policy- is to communicate to the investment manager a clear understanding of the committee's investment policies and objectives. This policy will outline an overall philosophy that is specific enough for the manager to know the committee's expectations, but sufficiently flexible to allow for changing economic conditions and securities markets. The policy will provide realistic risk policies to guide the Manager toward long-term rate of return objectives, which will Delray Beach General Employees Retirement Plan Investment Policy Page 2 serve as standards for evaluating investment performance. The policy also will establish the investment restrictions to be placed upon the Manager, and will outline procedures for policy and performance review. INVESTMENT OBJECTIVES The objectives of the Fund should be pursued as a long-term goal designed to optimize the returns without exposure to undue risk, as defined herein. Whereas it is understood that fluctuating rates of return are characteristic of the securities markets, the Manager's greatest concern should be long- term appreciation of the assets and consistency (i.e., low standard deviation) of total portfolio returns. PERFORMANCE MEASUREMENT The Board has specified performance measures as are appropriate for the nature and size of the assets within the Board's custody. These performance measures are set forth in the Internal Controls section of the Investment Policy. Investment performance will be reviewed periodically to determine the continued feasibility of achieving the investment objectives and the appropriateness of the investment policy for achieving those objectives. All transactions effected for the Plan will be "subject to the best price and execution." If a manager utilizes brokerages from the plan assets to effect soft dollar transactions, detailed records will be kept and communicated to the board. It is not expected that the investment policy will change frequently. In particular, short term changes in the financial markets should not require adjustments to the investment policy. INVESTMENT AND FIDLTCIARY STANDARDS The board in performing its investment duties shall comply with the fiduciary standards set forth in the Employee Retirement Income Security Act of 1974, 29 USC § 1104(a)(1)(A)-(C). This means that board members must discharge theirs duties with respect to the plan solely in the interest of the participants and beneficiaries and for the exclusive purpose of: (i) providing benefits to participants and their beneficiaries; and (ii) defraying reasonable expenses of administering the plan; with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims; by diversifying the investments of the plan so as to minimize the risk of large losses, unless under the circumstances it is clearly prudent not to do so. In the event of conflict with other provisions of law authorizing investments, the investment and fiduciary standards set forth in this section shall prevail. Delray Beach General Employees Retirement Plan Investment Policy Page 3 AUTHORIZED INVESTMENTS The investment policies and restrictions presented in this policy serve as a framework to help the Manager achieve the investment objectives at a level of risk deemed acceptable. These policies and restrictions are designed to minimize interfering with the Manager's efforts to attain overall objectives, and to minimize excluding him from appropriate investment opportunities. The policy allows the Manager substantial discretion in the asset allocation and diversification of the assets for the purposes of increasing investment returns and/or reducing risk exposure. The Manager has broad responsibility to shift the commitment of assets among asset classes, industry sectors and individual securities to pursue opportunities presented by long-term secular changes within the capital markets. In accordance with the Protecting Florida's Investment Act (Fla. Stat. 215.473), the Board is prohibited from directly investing in any companies, identified by the State Board of Administration (SBA) on its website each quarter, as a scrutinized company. The investment Consultant and each investment manager shall review its investments each quarter to determine whether it is required to sell, redeem, divest or withdraw any publicly traded security of a company identified by the SBA as a scrutinized company and shall notify the Board each quarter, in writing, of the results of its review. Beginning no later than January 1, 2010, the Board shall sell, redeem, divest or withdraw all publicly traded securities it holds in any scrutinized company by no later than September 30, 2010. Equities The Manager should maintain the equity portion of the portfolio at a risk level roughly equivalent to that of the equity market as a whole, with the objective of exceeding its results as represented by the S&P 500 Index by 0.5% annually over a three year moving time period. Equity holdings may be selected from the New York, American and Regional Stock Exchanges, the NASDAQ markets, or appropriate foreign exchange should an international manager be used; and up to 25% of the equity portfolio may be invested in foreign securities and obligations. In absence of board approval, the Manager is prohibited from investing in, private placements, letter stock, and options; or from engaging in short sales, or margin transactions. It is expected that no assets will be invested in securities whose issuers have filed a petition for bankruptcy. Within the above guidelines, gives the Manager full responsibility for security selection and diversification, subject to a maximum 5% commitment of the equity- portfolio's market value for an individual security, and 20% for a particular industry as defined in advance in writing by the Manager. The Manager will have full discretion over turnover and allocation of equity holdings among securities and industry groups, within the limits described above. It is understood that the manager will deviate from the Representative Index. To limit the extent of potential underperformance, and because of the inherent difficulty in defining specific restrictions which would cover all possibilities, the Manager is instructed to invest the equity component of the account so as to prevent the returns for that component from being less than 100% of the Index return in the quarters during which the Index return has been positive, or decreasing more than 90% Delray Beach General Employees Retirement Plan Investment Policy Page 4 of the Index return in the quarters during which the Index return has been negative, measured over a trailing maximum 5 -year period. The equity portfolio should consistently produce a total return exceeding the median of an appropriate universe of large, mid or small capitalization (value, growth, core as is appropriate to each manager). Fixed Income Investments in fixed income securities will be managed actively to pursue opportunities presented by changes in interest rates, credit ratings, and maturity premiums. The Manager may select from appropriately liquid preferred stocks, U.S. corporate debt securities, mortgage -related securities or asset-backed securities not issued by the U.S. government or an agency or instrumentality thereof, obligations of the U.S. Government and its agencies, and other securities contained in the specified index. These investments will be subject to the following limitations: 1. No issues may be purchased with more than 30 years to maturity, unless the issue is part of an index fund portfolio. 2. Investments in securities of a single issuer (with the exception of the U.S. Government and its agencies) must not exceed 5% of the market value of the fixed income portfolio. Only corporate debt issues that meet or exceed a credit rating of BBB from Standard & Poor's or a BAA rating from Moody's, may be purchased. In the event that a security's ratings from Standard & Poor's and Moody's differ, the higher of the ratings shall be used. 4. Preferred stocks must be rated A or better by Moody's and/or equivalent Standard & Poor's at the time of purchase. 5. . With respect to State Street Global Advisors (SSGA) and its representation in the Barclays Capital Aggregate Bond (BCAB) Index Fund, International Bonds, or "Yankee Bonds", will be allowed to be held in the portfolio in order for SSGA to replicate the Index that they are being compared to. If the "Yankee Bond" percentage of the fixed income portfolio increases to 20% then the Board must be notified immediately. 6. Up to 25% of the fixed income portfolio may be invested in obligations issued by foreign governments, foreign corporations and other foreign commercial entities. 7. With respect to Denver Investment Advisors, mortgage -related securities and asset- backed securities will be limited to 4-5309% of the market value of the portfolio. Beginning 1 /1 /2013. the account managed by Denver will be measured against a benchmark of 35% Barclays Capital Intermediate Government/Credit and 65% the Barclays Capital Aggreg to Bond Indexes. Delray Beach General Employees Retirement Plan Investment Policy Page 5 The Manager is prohibited from investing in private placements, from speculating in fixed income or interest rate futures. It is understood that the Manager will deviate from the Representative Index. To limit the extent of potential underperformance, and because of the inherent difficulty in defining specific restrictions which would cover all possibilities, the Manager is instructed to invest the fixed income component of the Fund so as to prevent the returns for that component from being less than 90% of the Index return in the quarters during which the Index return has been positive, or decreasing more than 80910 of the Index return in the quarters during which the Index return has been negative, measured over a trailing maximum 5 -year period. Within the above restrictions, the Manager has complete discretion over timing and selection of fixed income securities. The fixed income portfolio should produce a total return exceeding the median of an appropriate broad universe of fixed income managers. Cash and Equivalents The Manager may invest in commercial paper, repurchase agreements, Treasury Bills, certificates of deposit, and money market funds to provide income, liquidity for expense payments, and preservation of the account's principal value. All such assets must represent maturities of one year or less at time of purchase. Commercial paper assets must be rated A-1 or P-1 by Standard & Poor's and Moody's, respectively. The Manager may not purchase short-term financial instruments considered to contain speculative characteristics (uncertaintl- of principal and/or interest). The Manager also may not invest more than 5% of the total Fund's market value in the obligations of a single issuer, with the exception of the U.S. Government and its agencies, or any short-term vehicle made available by the client's custodian. Uninvested cash reserves should be kept to minimum levels, not to exceed 5% of fiend assets. Within the limitations mentioned above, the Manager has complete discretion to allocate and select short-term cash and equivalent securities. Other Assets The Manager will not purchase assets other than those mentioned above without written consent. Investments in options or futures contracts is also prohibited. Investments not specifically addressed by this policy are forbidden without written consent. MATURITY/LIQUIDITY The investment guidelines are based on an investment horizon of greater than five years, so interim fluctuations should be viewed with appropriate perspective. Similarly, the Plan's strategic asset allocation is based on this long-term perspective. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash-flow requirements. Delray Beach General Employees Retirement Plan Investment Policy Page 6 PORTFOLIO COMPOSITION Investments will be made for the sole interest and the exclusive purpose of providing the optimum return within the constraints described herein. The assets must be held, invested and transferred in accordance with fiduciary standards set forth in this investment policy. All investments will be made within the guidelines of quality, marketability and diversification mandated by controlling statutes and this policy. The Manager is to implement these policies so as to achieve a return, after fees, superior to the return of the target asset mix, without additional risk as measured by the variability of returns. TARGET ASSET MIX TABLE Asset Class Min Wt Target Wt Max Wt Representative Index Equities 20 55 65 20% R1000V 20% R1000 Growth & 15.0% S&P400 MidCap International Equity 0 5 25 2.5% MSCI EAFE + EM Fixed Income 20 34 80 Barclays Capital Aggregate Intermediate Fixed Income 0 6 40 Barclays Intermediate Government/Credit Cash & Equiv 0 0 30 Citigroup Treas. 3 Mo. T - Bill The investment returns of the Managers asset allocation will be measured against those of a target portfolio based on the target weights shown in the Target Asset Mix Table above as invested in the representative indices. The Manager is to maintain the weights of each asset class, based on market values, within the minimum and maximum range shown in the Target Asset Mix Table. Note that all convertible securities are treated as equity, preferred stocks are treated as fixed income securities, and long term debt securities with under one year remaining to maturing are treated as fixed income. Because security market conditions can vary greatly throughout a market cycle, the Manager is granted full discretion to change the asset mix within the above ranges, for the purpose of increasing investment return and/or reducing risk. More specifically, over any three year period, the manager is expected to achieve a return superior to the target mix without additional risk as measured by the variability of quarterly returns. The investments are expected to consistently produce a total return exceeding the median of a universe of balanced fund managers over a moving three year period. Delray Beach General Employees Retirement Plan Investment Policy Page 7 It is understood that the Manager will deviate from the target asset allocation mix. To limit the extent of potential underperformance, and because of the inherent difficulty in defining specific restrictions which would cover all possibilities, the Manager is expected to invest with the objective of preventing the returns of the total Fund from being less than 90% of the policy return in the quarters during which the policy return has been positive, or decreasing more than W"o of the policy return in the quarters during which the policy return has been negative, measured over a trailing maximum 5 -year period. RISK AND DIVERSIFICATION The board recognizes the difficulty of achieving the Plan's investment objectives in light of uncertainties and complexities of contemporary investment markets. The board also recognizes that some risk must be assumed to achieve the Plan's long-term investment objectives. In establishing the risk tolerances of the IPS, the ability to withstand short and intermediate term variability was considered. The Plan's strong financial condition enables it to adopt a long-term investment perspective. In summary, the Plan's prospects for the future, current financial condition, and several other factors suggest collectively that the Plan can tolerate some interim fluctuations in market value and rates of return in order to achieve the long-term objectives. EXPECTED ANNUAL RATE OF RETURN Recognizing that short-term market fluctuations may cause variations in the account performance, the Board of Trustees expects the Fund to achieve the following objectives over a three year moving time period: 1. The total expected return will e: ceed the increase in the Consumer Price Index by 5% annually. Actual returns should exceed the expected amount 50% of the time. 2. The total expected return will exceed 8.0% annually (note: the assumed actuarial rate of return, as of this date, is 7.25%). For each actuarial valuation, the board shall determine the total expected annualrate of return for the current year, for each of the next several years, and for the long term thereafter. This determination must be filed promptly with the Department of Management Services and with the plan's sponsor and the consulting actuary. THIRD -PARTY CUSTODIAL AGREEMENTS All assets shall be held with a third party, and all assets purchased by, and all collateral obtained by, the board shall be properly designated as an asset of the board. No withdrawal of assets, in whole or Delray Beach General Employees Retirement Plan Investment Policy Page 8 in part, shall be made from safekeeping except by an authorized member of the board or the board's designee. Securities transactions between a broker-dealer and the custodian involving purchase or sale of securities by transfer of money or securities must be made on a "delivery vs. payment" basis, if applicable, to ensure that the custodian will have the security or money, as appropriate, in hand at the conclusion of the transaction. MASTER REPURCHASE AGREEMENT All approved institutions and dealers transacting repurchase agreements must execute and perform as stated in the Master Repurchase Agreement. All repurchase agreement transactions shall adhere to the requirements of the Master Repurchase Agreement. BID REQUIREMENT The board shall determine the approximate maturity date based on cash-flow needs and market conditions, analyze and select one or more optimal types of investment, and competitively bid the security in question when feasible and appropriate. Except as otherwise required by law, the most economically advantageous bid must be selected. INTERNAL CONTROLS / SELECTION AND REVIEW OF MONEY MANAGERS A. Selection of Money Managers: The board, with the assistance of a consultant, will select appropriate money managers to manage Plan assets. Managers must meet the following minimum criteria: 1. Be a bank, insurance company, investment management company, or investment adviser as defined by the Registered Investment Advisers Act of 1940. 2. Provide historical quarterly performance numbers, calculated on a time -weighted basis, based on a composite of all fully discretionary accounts of similar investment style, and reported net and gross of fees. 3. Provide performance evaluation reports prepared by an objective third party that illustrate the risk/return profile of the manager relative to other managers of like investment style. 4. Provide detailed information on the history of the firm, key personnel, key clients, fee schedule, and support personnel. This information can be a copy of a recent request for proposal (RFP) completed by the manager. 5. Clearly articulate the investment strategy that will be followed and document that the strategy has been successfully adhered to over time. B. Duties and Responsibilities of the Money Managers: The duties and responsibilities of each money manager retained by the board include: Delray Beach General Employees Retirement Plan Investment Policy Page 9 1. Managing the Plan assets under its care, custody, and/or control in accordance with the IPS objectives and guidelines set forth herein, and also expressed in separate written agreements when deviation is deemed prudent and desirable by the board. 2. Exercising investment discretion (including holding cash equivalents as an alternative) within the IPS objectives and guidelines set forth herein. 3. Promptly informing the board in writing regarding all significant and/or material matters and changes pertaining to the in'Vestment of Plan assets, including, but not limited to: a. Investment strategy b. Portfolio Structure c. Tactical Approaches d. Ownership e. Organizational Structure f. Financial condition g. Professional staff h. Recommendations for guidelines changes i. All legal material and SEC and other regulatory agency proceedings affecting the firm. 4. Promptly voting all proxies and related actions in a manner consistent with the long-term interests and objectives of the Plan set forth herein. Each manager shall keep detailed records of said voting of proxies and related actions and will comply with all regulatory obligations related thereto. 5. Utilize the same care, skill, prudence, and due diligence under the circumstances then prevailing that experienced, investment professionals acting in a like capacity and fully familiar with such matters would use in like activities for like retirement plans with like aims in accordance with all applicable laws, rules and regulations from local, state, federal, and international political entities as they pertain to fiduciary duties and responsibilities. 6. Acknowledge and agree in writing to their fiduciary responsibility to fully comply with the entire IPS set forth herein, and as modified in the future. C. Monitoring of Money Managers: Quarterly performance will be evaluated to test progress toward the attainment of longer-term targets. It is understood that there are likely to be short- term periods during which performance deviates from market indexes. During such periods, greater emphasis shall be placed on peer -performance comparisons with managers employing similar styles. On a timely basis, but not less than four times a year, the board will meet to focus on: 1. Manager's adherence to the investment policy guidelines 2. Material changes in the manager's organization, investment philosophy, and/or personnel Delray Beach General Employees Retirement Plan Investment Policy Page 10 3. Comparisons of the manager's results to appropriate indexes and peer groups, specifically: Asset Catego�ry Index Peer Group Universe Domestic Large S&P 500 Total Equity Database Capitalization equity-: Value R1000 Value Value equity style Growth R1000 Growth Growth equity style Core S&P 500 Core equity style Mid S&P 400 MidCap equity style International Equity: Developed Markets MSCI EAFE International Equity Emerging Markets MSCI Emerging Markets Emerging Intl. Equity Domestic Fixed Income: Active Duration Barclays Capital Aggregate index Active Duration style Intermediate Duration Barclays Capital Int. Government/Credit Active Duration style 4. The risk associated with each manager's portfolio, as measured by the variability of quarterly returns (standard deviation), should not exceed that of the benchmark index and the peer group without a corresponding increase in performance above the benchmark and peer group. 5. In addition to the information covered during the quarterly reviews, the board will meet at least annually to focus on: a. The manager's performance relative to managers of like investment style or strategy. Each manager is expected to perform in the upper half of the manager's respective style universe b. The Plan's investment performance results compared to the manager's overall composite performance figures to determine unaccounted for dispersion between the manager's reported results and the Plan's actual results. 6. The board is aware that the ongoing review and analysis of money managers is just as important as the due diligence implemented during the manager selection process. Accordingly, a thorough review and analysis of a money manager will be conducted if: a. A manager performs in the bottom quartile (75ffi percentile) of his or her peer group over two consecutive quarters or annual period. Delray Beach General Employees Retirement Plan Investment Policy Page 11 b. A manager falls in the southeastern quadrant of the risk/return scattergram for three- and/or five-year time periods. C. A manager has a five-year risk-adjusted return fall below that of the median manager within the appropriate peer group. d. A manager underperforms its index for four consecutive quarters. Further, a manager may be replaced at any time and for any reason, including but not limited to the following: a. A manager that consistently performs below the median (50`h percentile) of his or her peer group over rolling three-year periods. b. A manager with a negative alpha for three-year time periods. 8. Major organizational changes also warrant immediate review of the manager, including: a. Changes in professionals b. Significant account losses C. Significant growth of new business d. Change in ownership 9. The performance of the board's investment managers will be monitored on an ongoing basis, and it is at the board's discretion to take corrective action by replacing a manager if they deem it appropriate at any time. CONTINUING EDUCATION All board members are encouraged to attend continuing education seminars in matters relating to investments and the board's responsibilities. Board members are pre -authorized to attend any applicable conferences within the state of Florida (maximum two (2) per year). ANNUAL REPORT The board shall submit an annual report to the Delray Beach Cit;- Commission. The report shall include investments in the portfolio by class or type, book value, income earned, and market value as of the report date. The annual report shall be available to the public. Delray Beach General Employees Retirement Plan Investment Policy Page 12 FILING OF INVESTMENT POLICY Upon adoption by the board, this investment policy shall be promptly- filed with the Florida Department of Management Services, the City of Delray Beach City Commission, and the consulting actuary-. The effective date of the investment policy, and any amendment thereto, shall be the 31St calendar day following the filing date with the City Commission. VALUATION OF ILLIQUID INVESTMENTS Investments in assets for which a generally recognized market is not available or for which there is no generally accepted pricing mechanism shall be prohibited. Approved by Pension Board: i:\client documents\defray beach, city ofl06933\misc\general employees investment policy.doc Approved by the City Commission of the City of Delray Beach, Florida on December Septerabe-r, 2012. MEMORANDUM TO: Mayor and City Commissioners FROM: Tim Simmons, Parks Superintendent Linda Karch, Director of Parks and Recreation THROUGH: David T. Harden, City Manager DATE: December 10, 2012 SUBJECT: AGENDA ITEM 10.L. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 BID AWARD/ELEV8 SPORTS INSTITUTE ITEM BEFORE COMMISSION City Commission is requested to consider approval of a bid award to ELEV8 Sports Institute in the amount of $38,400.00 for the annual Landscape Maintenance of Pompey Park's three (3) ballfields. BACKGROUND This bid award is for the annual landscape maintenance contract of the three (3) ballfields at Pompey Park. Included in the specs are additional cost for infield repairs, laser grading of the infields, lip repair of the infields, and the cost of clay and sod replacement. Two companies submitted bids on September 25, 2012: ELEV8 Sports Institute quoted $38,400.00 and Sports Turf One, Inc., who currently maintain the fields, quoted $48,047.72. FUNDING SOURCE Funding is available from account #001-4131-572-34.90 Other Contractual Services. RECOMMENDATION Staff recommends Annual Landscape Maintenance Contract for Pompey Park's three (3) ballfields to the lowest bidder ELEV8 Sports Institute. CITY OF DELRAY BEACH LANDSACPE MAINTENANCE POMPEY PARK THREE (3) BASEBALL FIELDS Due 09.25.2012Vi, 1:00 P.M. ELEV8 SPORTS INSTITUE SPORTS TURF ONE, INC. Item# Description Q1131 Alonthly Yearly Cost Monthly yearly Cost Landscape Maintenance Three (3) Baseball Fields (a.) Pompey Park 12 $ 3,200.00 S 38,400.00 S 4,003.98 $ 48,047.76 *Includes Bond Cost 77777 Ad(litioiial Pi icWg, if yeqiured (..estimate only 1 Intield Repairs per hour zou.ou 2 Laser Gi—adka of Infields Per Lour S 2UU.U0 237,65 T T 7p Repair of hillelds per hour 200.001 239.09 1 + T_ Cost of'Clay per yard _7 7-777 7, 7 7= 7-777— 7 5 Cost of Clay per ton -.4 6 Sod Replacement per sq. ft. 0,95 installed 0.61 lChemical Applications to be applied bv: David Laughlin jAndy Lemmel Pete Poweq Florida Certified Pesticide Applicator's Licence YES - #CM584 YES I I I Exp. 11.30.2015 1 1 IDeviations from Specifications (if applicable) I None I I None (Will extend same prices, terms and conditions to o YesYes other Palm Beach County governmental agencies? I I undum #1 Received I I Yes I I Yes Federal Tax I.D. No. 32-0376190 59-3476934 Surety Performance/ Payment Bond Yes I Check- Yes Letter S 48,047. 72 as stated on bid sheet 72 INVITATION BID r Invitation to Bid General Conditions,, lssstvuctions and Information I Indemnity/Hold Harmless Agreement .one Of Silence � Insurance Requirements � Insurance Form Samples Standard Form of Agreement Is — $s Corporate Acknowledgment 16 Certificate (if Corporation) 17 Surety Performance and Payment @orad Specification I $pecial Conditions � Special Conditions I Schedule of pricings 26 Drug Free workplace Certification � Referenc7?t 1 Lid of Vendors EcIpip meat 29 Bird Signature Form Check List Statement of Mcs Bid 32 ,Attachment a A a ^ Previous fold Tabulation Wid #2013-o2 133 i Bid No. 2.0>13-16 Landscape MaiMnance Pompey Park Three (3) Basebali Fields 11 W-11 w' " PURCHASING OFFICE 100 N.W. 1st AVENUE DELRAY BEACH, FL 33444 (561) 243-7161/7163 Fax: (561) 243-7166 Bldg No: 2013-16 DATE: October 10, 20122 TITLE: Pompey Parte (3) Baseball Fields Maintenance Ann, ual Contract — Re -issued BIDS MUST BE RECEIVED ON OR BEFORE: Tuesday, November 13, 2012 @ 11:00 A.M., at which time all bids will be publicly opened and react. This Invitation to Bid, General Conditions, Instructicns to Bidders, Special Conditions, Specifications, Addenda and/or any pertinent document form a part of this bid and by reference are made a part thereof. PURPOSE: It is the purpose and intent of this Invitation to secure bids for item(s) and/or services as listed herein for the City of Delray Beach, Florida, hereinafter called the CITY. A MANDATORY PRE-BID CONFERENCE has been scheduled for Tuesday, October 23, 2012 @ 11:00 A.M., located at City Hall -15f Floor Conference Room, 100 N.W. 15t Avenue Delra�Beach FL 3,3444 Ail interested bidders are required to attend and be prepared to ask questions_ Bidders failure to attend Pre - Bid Conference will result in rejection of bid. Bidders' failure to s! n -In within ten 10 minutes of the scheduled conference state time will result in rejection of the Bidders bid_ SEALED BIDS: Sealed bids will be received in the Purchasing Office until the date and time as indicated above. Bids will be opened publicly in City Hall and ail bidders and general public are invited and encouraged to attend. All bids shall be submitted in sealed envelopes, mailed or delivered to the City of Delray Beach, Purchasing Office, 1130 NW First Avenue, Delray Beach, Florida 33444. Outside of envelope shall plainly identify bid by: BID NUMBER TITLE AND DATE OF BID OPENING OPENING. It is the sole responsibility of the bidder to ensure that his or her bid reaches the Purchasing Office on or before the closing date and hour as shown above. RETURN ONE (1) ORIGINAL AND ONE (1) CORY OF REQUIRED BID SHEETS. Any failure on the part of the supplier to comply with the ensuing conditions and specifications shall be reason for termination of contract, Copies of the specifications may be downloaded from vv'v. t,, ,sem` _ phone (860) 711-1712, or may be obtained in hard copy from the Purchasing Office, City Hail, 1Q0 N.W_ 1st Avenue, Delray Beach, Florida, 33344. AWARD: The City reserves the right to waive minor variations to specifications, informalities, irregularities and technicalities in any bids, to reject any and all bids in whole or in part, with or without cause, and/or to accept bids that in its judgment will be for the best interest of the City, as further stated in Paragraph 18 of General Conditions. All service/work performed shall be in accordance with the Contract Documents pertaining thereto, which may be examined at the office of the Purchasing Division, 100 N -W. 1'- Avenue Delray Beach, Florida, 33444. Call Purchasing at 561-243-7161 for information. *The City of Delray Beach, Florida reserves the right to accept and/or reject any and all proposals, to waive informalities, to re -advertise and to award the Contract in its best interest. 'Each bid must be accompanied by a certified check drawn upon any State or National Bank of Florida, cashier's check drawn upon any State or National Bank of Florida or an acceptable surety performance band in an amount not less than five percent (5%) of the lease bid, as guarantee that the BIDDER will not withdraw from the competition after the opening the bids and, if written notice is given of such award, enter into a written Contract with the City of Delray Beach, Florida, in accordance with the written Proposal, Should the successful BIRDER fail to enter into a Contract, the check or Laid trona shall be forfeited as liquidated damages. Bid'.No. 2013-16 Landscape Maintenance Pompey Park 'Tbree (3) Baseball Fields } t. SUBMISSION AND RECEIPT or BiDs: A. Bids, to receive consideration; must be received prior to the specified time of opening as designated in the invitation. B, Unless otherwise specified, bidders MUST complete all questions and price blanks in the spaces provided in this Invitation to Bid. Failure to do so may cause your bid to be rejected. However, you may attach supplemental information. C. Bids having any erasures or corrections MUST be initiaied by bidder in ink. Bids shall be signed in ink. Aff prices shall be typewritten or filled in with pen and ink. C. Ali bids MUST be signed with the firm name and by an officer or employee having the authority to bind the company or firm by his/her signature. 2. QUANTITIES OR USAGE: Whenever a bid is solicited seeking a source for a specified time for materials or services in the quantities or usage shown, these quantitiesis estimated only.. No guarantee or warranty is given or implied by the City of Delray Beach as to the total amount that may or may not be purchased from any resulting contracts. These quantities are for bidders' information only and will be used for tabulation and presentation of bid. 3. PRICES: A. Bidder warrants by virtue of bidding that prices, terms, and conditions quoted in his bid will be firm for acceptance for a period of sixty (60) days from the date of opening unless otherwise stated by the City or bidder. B. Prices should be stated in units of quantity specified in the bidding specifications, in case of discrepancy in computing the amount of the bid, the unit prices) quoted will govem. C. Consideration in awarding bids for term contracts will be given first to bidder offering firm prices subject to market price reduction and second to bidder offering firm prices for full contract period. If at any time during the period of this contract, the City of Delray Beach is able to purchase the items and/or services at prices less than our contract price, the successful bidder shall meet these paces and in the event of his failure to do so, the City of Delray Beach may negotiate for a new contract on the open market D. The City reserves the right to purchase items on state contract if such items can be obtained on the same terms, conditions, specifications and in the best interest of the City. E. Bidders may offer a cash discount for prompt payment However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any discounts to be considered in the bid evaluation in the unit prices bid. 4. DELIVERY: A. All items shall be delivered F.O.B. destination, and delivery costs and charges included in the bid price. Failure to do so may be cause for rejection of bid. 13. Time will be of the essence for any orders placed as a result of this bid. Purchaser reserves the right to cancel sudh orders, or any part thereof, without obligation if delivery is not made at the time(s) specified on bid form. 5, BRAND NAMES: If and whenever in the specifications a brand name, make., name of any manufacturer, trade name, or vendor catalog number is mentioned, it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or make, the phrase OR EQUAL is added, However, if a product other than that specified is bid, it is the vendor's responsibility to name such product within his bid and to prove to the City that such product is equal to that specified. Bid No. 2013-16 Landscape Nlahitemmce -Pompey park Three (3) B&soball Fields 6. QUALITY: All materials used for the manufacture or construction of any supplies, materials, or equipment covered by this bid shall be new. The items bid must be new, the latest model, of the best quality, and highest grade workmanship. 7. SAMPLES: Samples, when requested, must be furnished free of expense to the City and if not used In testing or destroyed, will upon request within thirty (30) days of bid award be returned at bidder's expense. 8. ACCEPTANCE: The material delivered under this proposal shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and thereafter accepted to the satisfaction of the City and must comply with the terms herein, and be fully in accord with specifications and of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order Upon written noticeto the seller and return product to seller at the seller's expense. 9. DEFAULT PROVISION, In case of default by the bidder or contractor, the City of Delray Beach may procure the article or services from other sources and hold the bidder or contractor responsible for any excess costs occasioned or incurred thereby. 10. COPYRIGHTS OR. PATENT RIGHTS.: Bidder warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered as a result of this bid, and seller agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 11. COMPLIANCE WITH SAFETY STANDARDS: A. All equipment, machinery, electrical appliances, cords and apparatus shall comply with all provisions of the Florida state Safety Standards. B. Whenever a bid is sought and services secured for any type of on-site construction the awarded bidder shall remove from the work site at the end of each working day all rubbish and waste debris resulting from his operations. The awarded bidder shall also secure the work site before leaving at the end of each working day. 12. MANUFACTURER'S CERTIFICATION: The City of Delray Beach reserves the right to request from bidders separate manufacturer certification of all Statements grade in the proposal, 13. SIGNED BID CONSIDERED AN OFFER: This signed bid shall be considered an offer on the part of the bidder or contractor, which offer shall be deemed accepted upon approval by the City Manager and/or City Commission of the City of Delray Beach and in case of default on the part of the bidder or contractor after such acceptance, the City of Delray Beach may take such action as it deems appropriate including legal action for damages or specific performance. Bid No. 2013-16 Landscape h4aintenance —Pompq Park Three (3) Baseball Melds 14. LIABILITY, INSURANCE, LICENSES AND PERMITS. A. PERMITS: Where bidders are required to perform work. on City structure(s) or property as a result of bid award, the City will waive the cost for permits. Contractor shall pay for permits for all other work_ B. LICENSES: if you are not licensed to perform work in the City of Delray Beach you MUST obtain an Occupational License .before a Notice to Proceed will be issued. C. LIABILITY INSURANCE: The City prefers the insurance and bonding companies have a BEST Rafting no less than A-, VII or utter. If you have any questions regarding the City's Insurance and/or Bond requirements, please contact the City's Risk Management Office at (561) 243-71550. See page eight (9) for Insurance Requirements. A "sample' certificate has been attached. 1s. SPECI ICATIONS: A. For purposes of evaluation, bidder must indicate any variances from our specifications and/or conditions, NO MATTER HOW SLIGHT, if variations are not stated in the proposal, it will be assumed that the product or service fully complies with our specifications. B. Any omissions of detail specifications stated herein that would render the material/service from use as specified will not relieve the bidder from responsibility. C. The issuance of an addandumts) Is the only official method whereby interpretation, clarification, changes or additional information is provided by the City. It shall be the sole responsibility of each bidder, during and prior to Bid submittal to determine if addendum(s) were issued to any particular ITB and to obtain a copy of said addendum(s) from demandstar.com or by contacting the Purchasing Department @ (561) 243-7161 or 7163. NOTE: The City vAll make every effort to notify registered bidders by email that an addendum has been made to the Bid_ The City shall not be responsible for providing notice of addenda to potential bidders who received a Bid package from other sources. 16. AWARD OF CONTRACT: The City of Delray Beach reserves the right to accept any Bid or combination of Bid alternates which, in the City`s judgment will best serve the City's interest, reject any and all Bids, to waive any and all informalities and/or irregularities, and to negotiate contract terms with the Successful Bidder, and the right to disregard all non -conforming, non-responsive, unbalanced or conditional Bids. The City reserves the right to reject any or all Bids, or any part of any Bid, to waive any informality in any Bid, and to award the purchase in the best interest of the City. Discrepancies in the multiplication of units of Work and unit prices will be resolved in favor of the unit price. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. 17. TAXES: The City of Delray Beach is exempt from any sales tax imposed by the Staie and/or Federal Government Exemption certificates certified upon request. State Sales Tax Exemption Certificate No. 85-8012621559C-4 appears on each purchase order. 1s. FAILURE TO BID: If you do not bid, return "Statement of No Bid Form' and state reason. Otherwise, YOUR NAME "MAY" BE REMOVED FROM OUR MAILING LIST. Bid No. 2013-I6 Landscape Maintenance —Pompey Park Three (9) Baseball Fields 19. EXCEPTIONS TO CONDITIONS: Any tirne Bid Specifications differ from the General Conditions, Bid Specifications and Special Provisions will prevail. 20. RENEWAL, The City Manager may renew the contract, at the same terms, conditions, and prices, TWO (2.) consecutive term(s) of 014E (1) years) subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. 24. ANTI -COLLUSION: A. Bidder certifies that this bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. B. No premiums, rebates or gratuities permitted; either with, prior to, or after any delivery of material or provision of services. Any such violation may result in contract cancellation, return of materials or discontinuation of services and the possible removal from the vendor bid list(s). 22. C014FLICT OF INTEREST: A. Bidder declares and certifies that no officer, employee or person whose salary is payable in whole or part from the City of Delray Beach is directly or indirectly interested in this bid or in the supplies, materials, equipment or services to which it relates or in any portion of the profits thereof; or B. The award is subject to provisions of State Statutes and City Ordinances. All bidders must disclose with their bid the name of any officer, director or agent who Is also an employee of the City of Delray Beach. Further, all bidders must disclose the name of any City employee who owns, directly or indirectly, an interest of ten percent (90) or more in the bidder`s firm or any of its' branches. 23. NON-DISCRIM [NATION: The Bidder shall not discriminate against .employees or applicants for employment because of race, creed, color, religion, sex, age, handicapped status, disabilities, or national origin. The Bidder will endeavor to ensure that applicants are employed and that employees are treated during employment, without regard to their race, creed, color, religion, sex, age, handicapped status, disabilities: or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship. The bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. These provisions apply to all subcontractors and it is the responsibility of the subcontractors to be in compliance. 2C DISCRIMINATION. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. Bid No. 2013-16 Landscape Maintenance—Pompey Park Three (3) Baseball Fields 25. BID PROTEST: The time limit for filing a protest is five (5) calendar days from the date bid results become public Information. A protest will only be considered to have merit if it can be proven that an action or lack of action, by the City gave a bidder an unfair competitive advantage. In order to be considered, protest concerning the bid, RFP or RFQ solicitation or award must be filed In writing with the Purchasing {officer and may only be filed by the bidders who may be aggrieved the solicitation or award. Protest shall be addressed to: City of Delray Beach Purchasing Manager 100 NW dt Avenue Delray Beach, FL 33444 Bid No. 2013-16 Landscape Mainte=ce Pompey Park Three (3) Baseball Fields INSURANCE REQUIREMENTS A. GENERAL During the term of the contract with the City, the contractor shall procure and maintain insurance of the types and to the limits specified in paragraphs (1) to (4) inclusive below. B. COVERAGE Except as otherwise stated, the amounts and types of insurance shall conform to the following minimum requirements: 1. Workers Compensation - Coverage to apply for all employees for Statutory Limits in compliance with the applicable State and Federal Laws. In addition, the policy must include Employer's Liability with a limit of $100,040 each accident. 2. Comprehensive General Liability - Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: a) Minimum limits of $300,000 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. b) Premises and/or Operations. c) Independent Contractors. d) Products and/or Completed Operations. e) No exclusion for Underground, Explosion or Collapse hazards. 3. Business Auto Policy - Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Service Office and must include_ a) Minimum Limits of $304,004 per occurrence combined single limit for Bodily injury Liability and Property Damage Liability. b) Owned Vehicles. c) Hired and Non -Owned Vehicles. d) Employer Non -Ownership. 4. Certificate. of Insurance - Certificates of all insurance evidencing the insurance coverage specified in the previous Insurance Administrator prior to commencement of work. The required certificates of insurance shall not only name the types of policies provided but, shall also refer specifically to this bid and section and the above paragraDhs in accordance with which such insurance is being furnished, and shall state that such insurance is required by such paragraphs of this contract. The successful bidder will include the City of Delray Beach as additional Insured. if the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished thirty (30) days prior to the date of expiration. Also, under the Cancellation section of the Insurance Certification the words "endeavor to" and "but -failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" shall be crossed out as indicated on the attached "Sample of Insurance Certificate". Bid No. 2.013-16 landscape Maiutenance Pompey Park Three (3) Baseball Fields Attachment I, 1 of 3 -ACORD. CERTIFICATE OF LLABILITYINSURANCE F'OUCIES. AGGREGAiELIOTSSHOM WAYKkVEEEegREDUQEDBYANOCLAIMS- WMl10ER Good InsuraIICer -Inc. P.O. Box A-1 Best City, USA 00000 TM5 C£K: MCATE Ig iESUEa A$ A MAT 81K OF E€2 ORMA,10M ONLY AND CC NPERS NO METS LIMN The i+ rEgRTiNCATE HO!_GM TNES CI=RTIRCATE OOES NOY'AMEko, E-x'TTZND OR AL -,TR 71.3E COVERAGP_ AFFORDED BY THE! POLICIES BELOW. INSURERSAPFORly1Nd E&eF HAIL$ �- pJyyRP31 .w.,w� CtTi111T1g Warkers Assoc. ABC Drive 9IIytD7aTYL, USA 00001 INSURERAX msurt�xs: _ :LsuamV, also mo: i7iS1JJiC-lig_ uTHEPOLICi-.OPINSURANCELWt-0BR.OWHAYESEEN)!3 i DT4TFiENS RWTdMIED-A8WVEFORTHErOUCYPERIODINDr�..ATED-NOTWITHSTANDING AMY REWI6La ENT, TERM OR CCOMON-OF ANY CONTRACT Oft OTHER c6OLJ IEN1` SV0H RESPECT TD 'VHICH THLS CZRVFICA-T8 MAY SE;Ssuro (Sr, IMY PERTAIN, THE INSUR V4tt.AFFORDEC 6Y THE Pwues uescR13ED Y.ERER IS SUSJEc7't O ALLTHETaaA, EXCLUSLONS ANO CONDITIONS DFSucH F'OUCIES. AGGREGAiELIOTSSHOM WAYKkVEEEegREDUQEDBYANOCLAIMS- asR wtf :x �sauw6xt weece t d,aaaVoaYxuAtC 0 wn, rtRnzeN 100.,LN47 ls't ACrLNiTir zat�YlwuB>;a rammer F�s�crrve voe.ecv -Rou U>Qifi A AISIIICTI�Eb REPY.�SE1Z'ATiYE GENERALIM1.CY GLP07760/+ (51101/10 01/01/11 1P FacHOCU7i2'l..-T1GE 5 300 �� s�E i s AiEDEG'fAWmw I S CWMS� z [] oca FE�o>Juaanvu{,�uRY 3s ' ' OENERALhG+CAFCATE 'I'000,wo c JsLAGGRri'a+LrL,fMAtai'LiFbaER: CRwum.-C0)wA0q=G ; AOf.7CY r2S- N;G AUTCUOSILEUAUM AWN00 ALP077606 ,01101110 01/01/11 I CZAa1NEDa7Nra,Wm t 8CS37 Yti'US1+2Y m«r�u T i ALLQVJNECA[l1�CS 6r 411if RC A;}t'CSS � BOD iYxNJURY = it'xcTs} w uxaauros reont.wm�aAutos PROPEkT A A M tPer��} a f ... SrpstYC UASar.TY -' fLYCJOMLY-EA ACC15EH7 $ VOMR7Liw ci.,rcc s izFIRQNLY: AGG S AWA= i E]CCEbS7rA�SLi.W liF9pSTY -.. EhC4F0i'"„i3R.�GNOE S A&GREGhTE � OtfiiL{SSW,CiE 6 z otaucnet� S RETE'N"ON 9 B lyc;it�i[ GQidPBJ8AT10N ALS EkuLovew'Aw-m WLP077606 03/01/10 03101%11 .1'GSTA,�1- C1rM- SLERCFiAMUEici *< 100,00() E.L. DtSE/�rE-Eh E>;dP!13YE"' S 100 ,000 S?�kLE L PROVWOONStalon E.LGSEAEE-POLtCY:iAni c 500 OQD amen u6LCsbf''tTONOFOrEi31STW yS{LO}alvHfitYER.�EBIEXCLUSYDk3ACpECS1'JiSOacs7mE4FIIIPEGN�.fdpNsftlf�'� 'IBIS INiSULOCE APPLICABLE TO (state project) *CTT'Y OF DELRAY BEACH IS ADDITTONTAL 1NSUPM see attached endersemeim. nr_cvn�r x�rr unr ncn r^eiin�r a annH ACOFZD 25 HM8) Bid No. 201a46 Landscape l4aiatetiance Porripe.5 Part; Three (3) Baseball Fields �ZAc,UKD CCIRFORA-FlON 122 4aCKIL+7 AHFQF7HSP8DV'E4E&CF�6ED WiJCu-53.: Gt3iCELtEL @Ee�i;.i't!¢ tW`IRic�'IOR CITY OF DELRAY MkCL. wtf :x �sauw6xt weece t d,aaaVoaYxuAtC 0 wn, rtRnzeN 100.,LN47 ls't ACrLNiTir xcntcemTsiEcmrtCATxaLswuazmm� �;su FAraReronQwcwui DEI.RAY HkCR,, FL 33444 S'aS= 00 O11LIGA71M aft ILLUMY CSF IXV 120 MR 'ME. M=; r4Ert, ITU ACERM bit I�9RE9ENFAif1rw. AISIIICTI�Eb REPY.�SE1Z'ATiYE ACOFZD 25 HM8) Bid No. 201a46 Landscape l4aiatetiance Porripe.5 Part; Three (3) Baseball Fields �ZAc,UKD CCIRFORA-FlON 122 CITY OF DELRAY REMN SPECIFICATIDES Pompey Par Three (3) ii3asebaff Holds Mapriternance ntgual< Contract RE -ISSUED A. PURPOSE: The purpose of this Bid is to establish an open-end Contract to provide the best duality landscape maintenance service available at the most economical price. Service and good workmanship are of primary concern. Bidders with low standards for either service or workmanship will be judged to be non -responsible and their bids non-responsive, leo bid will be accepted if it offers lower standards of material and/or workmanship than is described therein_ B. NOTICE OF AWARD: It is and shall be understood and agreed that Contract shall be deemed to be awarded and validly entered into between the successful Bidder and the City when written notice has been given the awarded by the City through its authorized agent, and purchase order shall be issued to the Bidder covering same. Contract shall be awarded to the Bidder who demonstrates compliance with bid specifications, capability to perform according to the terms of the Contract, and responsibility with current clients. Reference check, review of equipment, examination of financial stability, and personal interview will be considered together with price in the contract award. C. CONTRACT AREA(S) AND LOCATION: Pompey Park, three (3) baseball fields, located at 1101 N.W. 2`", Street, Delray Beach, Florida. Approximately three (3) acres to be maintained. Bidders are responsible for visiting site, and determining exact dimensions and size. D. PIRM PRICE: The City requires a firm price for the Contract period. E. CONTRACT TERM: Term of contract shall be one (1) year from award of contract, onior about November 1, 2012 and expiring one year later. The City Manager may renew the contract, at the same terms, conditions, and price(s) for two (2) consecutive terms of one (1) year per paragraph #20 of General Conditions of this bid. F. MARKET CONDITIONS: The City reserves the right to purchase on the open market should lower market prices prevail, at which time the seller shall have the option of meeting the lower price or relieve the City of any obligation previously understood. G. ORDER PLACEMENT: After the award of contract to the successful bidder, the City reserves the the right to utilize either of the following order placement methods: (a) Purchase order will be issued to the successful bidder throughout the contract period on an as - needed, wizen -needed, where -needed basis. Vendor must note the name of person placing order on delivery ticket. Qr (b) A blanket (open) purchase order will be issued to successful bidder for the City's anticipated annual dollar volume. Releases for partial delivery of services will be made against said blanket order. Vendor must note name of person placing order on delivery ticket. H. PERFORMANCE: It is the intention of the City of Delray Beach to purchase landscape maintenance services as specified herein from a source of supply that will give prompt and convenient service. Any failure of the successful bidder to comply with these conditions may be cause for terminating any resulting Contract immediately upon notice by the City. Sid No. 2015-16 Landscape Maintenance —Pompey Park Three (3) Baseball Fields 1. PERFORMANCE PROBATION PERIOD: The successful awardee wiII immediately enter into a three (3) month probationary period upon contract award. During this time the awardees' performance will be closely scrutinized by City staff. If the awardees' performance fails to consistently meet the standards specified within the bid, his contract will be promptly cancelled. If his performance is acceptable, then he will be also notified and the contract will extend through the expiration date given in this bid. The City has the right to terminate the contract during the probationary period with or without cause, and this right shall be solely at the discretion of the City. J. ALTERNATES., For purpose of Bid evaluation, Bidder(s) must indicate any variances to the specifications, terms and conditions, no matter how slight. If variations are not stated in the Proposal, it shall be construed that the Bid fully complies with the specifications, terms and conditions as stated_ K. 13ACKGROUND INFORMATION: The City reserves the right, before awarding the Contract, to require a Bidder to submit such evidence of his qualifications, as it may deem necessary, and may consider any evidence available to it of the financial, technical and other qualifications and abilities of a Bidder, including) past performance (experience) with the City. NOTE: For this bid vendor must attach to his bid an accurate, up-to-date listing of his current maintenance equipment, including brands and model numbers. The City also requires a fisting of commercial as well as residential accounts, including main contact person and phone number. This information will be considered in the contract award review. FAILURE TO INCLUDE ALL DATA NOTED ABOVE WITH THF Rin MAY ACCiEPTED. City reserves the right to inspect all maintenance equipment prior to contract award and to request your most recent corporate financial statement for review. L. COMPETENCY OF BIDDERS: Pre -award inspection of the Bidder's facility and/or a personal interview of up to three finalists may be made by designated City personnel prior to award of Contract Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid Invitation and who can produce evidence that they have established a satisfactory record of performance for a reasonable period of time; have sufficient financial support, and equipment and organization, to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by the proper authorities of the City. M. DEFAULT OF CONTRACT: The City may, by written notice to the successful bidder, terminate the Contract if the bidder has been found to have failed to perform his services in a manner satisfactory to the City as per specifications. The date of termination shall be stated in the notice. City shall be sole judge of non-performance. N. BION OF IRREGULAR PROPOSALS: Bids which contain any alteration, addition, condition, limitation, unauthorized alternates or show irregularities of any kind may be rejected by the City as non- responsive or irregular. The City reserves the right to waive any irregularities, technicalities or informalities in any bid and to reject any or all bibs. 0. TRANSFER PROHIBITED, The successful Bidder shall not assign, transfer, convey, sublet or otherwise dispose of this Contract, or of any or all of his or its rights, title or interest herein, or his or its power to execute such Contract to any person, company or corporation, without prior written consent of the City. in the event that the successful Bidder does not hold a commercial pesticide applicators license, the successful bidder may contract with a qualified firm to perform the chemical applications. in this event, the successful Bidder shall notify the City of this intent and PRICES FOR THE WORK MUST BE LISTED IN THE BID. The bidder must extend those services for the duration of the contract for the prices quoted. NOTE: THIS PRt H113ITION APPLIES SPECIFICALLY TO MOWING OR EDGING SERVICES P. DEFAULT ON PRIOR CONTRACTS: No proposal will be accepted from, nor will any Contact be awarded to, any person or firm which is in arrears to the City upon any debt or Contract, or which is a defaulter as surety or otherwise upon any obligation to the City, or who has failed to perform faithfully any previous Contract with the City. Q. CAPAg1TY: Vendors must have the capability to perform contracted maintenance on a timely basis and with proper equipment and supervision. Vendor must adhere to maintenance procedures and schedules as set forth in the conditions and specifications. Failure to do so shall result in Contract cancellation. Bid No. 201.3-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields R. gib QUOTATION SUBMITTALS: All Bids must be submitted on the attached "Bid Form". VENDORS MUST BID ON ALL AREAS - S. INFORMATION: For information regarding the submission of this Invitation to Bid, please contact Patsy Nadal, Purchasing Manager, City of Delray Beach, at (561) 243-7161. Any technical questions regarding maintenance areas and service listed relative to this bid should contact Tim Simmons, Parks Superintendent, Delray Beach Parks and Recreation Department, at (561) 243-7260. T. VENDOR SERVICE REPRESENTATIVE, The Bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the coordination of landscape maintenance service. A contact for both regular work -hours and after-hours, weekends and holidays must be identified. This will become a part of the bid proposal and shall be understood and agreed. U. BILLING SCHEDULING AND REPORTS: Vendor shall submit a monthly invoice the first of each month, itemizing all maintenance items performed the previous month. A schedule of all maintenance items to be performed the following month shall be submitted with the invoice noting dates, times and locations of operations. The Delray Beach Parks and Maintenance Department must be. notified prior to any change in scheduling within five (5) working days to allow City staff to inspect sites for scheduled maintenance. Written reports must be turned in to the Parks Maintenance Department after each mowing operation on a checklist to be provided to the awarded vendor by the Clty. The vendor's Federal Identification Number must be noted on the Bid in order for payment to be processed by City. V. PUBLIC ENTITY GRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work a5 a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Bid No, 2613-16 Landscape Maintenance Pompey Park Three (3) BasebaE Fie]ds 1,0 TURF CARE: Maintain turf areas in a healthy, growing, green, trim condition by performing the following operations: 1.1 MOWING GENERAL: a. Mowing shall be performed in a workman like manner that insures smooth surface appearance without scalping or leaving any "missed" uncut grass. b. All mowers must be adjustable and adjusted to the proper cutting height and level for the kind of grass and current condition of the turf. Mower blade height adjustment is to be measured from a level floor surface to the parallel and level plane of the mower blades. c. * All mower blades are to be sharp enough to cut, rather than to tear grass blades. d. All litter and debris is to be removed from turf before mowing to avoid shredding that will damage turf appearance, or items that may be propelled by mower blades. e. Grass clippings or debris caused by mowing or trimming will be removed from adjacent walks, drives, gutters, and curbs or surfaces on the same day as mowed or trimmed. f. Mowing will not be done when weather or conditions will result in damaged turf. g, Verti-cut shall be performed a minimum of two (2) times a year, `To be determined by the City of Delray Beach Park Superintendent, 1.2 MOWING, EDGING, LINE TRIMMING SPECIFICS: a. Bermuda sod shall be cut at V with properly adjusted sod mowers_ b. Grass shall be mowed weekly, trim (2) times per week, April through November, and one (1) time per week from December through March. ONLY Reel -type moves shall be used. c. Line Trimming every other mowing cycle, d. Edging one (1) time a month. Special Note: Mowing frequencies can be deleted or increased due to climate factors or by a City of Delray Beach designee. e. Chemical Edging: Chemical applications may be used to kill weeds in and around areas such as, areas adjacent to buildings; fence line, trees, sprinkler heads, and cement medians (concrete divider isles). Prior to application of chemicals, for this purpose, all areas shall be trimmed to proper mowing height. Chemicals shall be applied in a manner to limit drift. Contractor is responsible for replacement of all damaged sod at his cost. If not complete within one week of notification, City may replace and deductcost from monthly payment applications. 1.3 WEED CONTROL: "LANDSCAPE MAINTENANCE WEED CONTROL" a. Weeds are to be mowed, trimmed or edged from turf areas as part of turf care operations. Weeds are to be manually or mechanically removed from ground cover each mo%ring cq,/cla. Note: If, in the opinion of the Parks and Recreation Department, any area is infested with weeds, the maintenance contractor shall do an additional application of MSM to control weeds or replace sod. Bid No. 2013-16 Lamr}scape Maintenance Pompey Park Three (3) Baseball Fields 1.4 FERTILIZING ! PEST CONTROL 8-iCEDULE: January - 41h week 32-5-8 wfminors March - 3'd'week 24-5-11 FE+Milt 4t" week Aerification (plugs must be dragged in) April - 14 week 155.15 2"d week Spray application of MSM & Sencor 3`5 week Spray application of PRISM or equal 4ti' week Spray application of MSM or equal May - 1"z week 24-5-11 FE & MN ,tune - 3`d week Aerification (plugs must be dragged in) July - 2nd week 15-5-15 September - 1s1 week Aerification (plugs must be dragged in) Spray application of Pre -M 2"d week 24-5-11 FE & MN November - 4t" week 24-5-11 FE & MN December - 3`d week Aerification (plugs must be dragged in) 1.5 SAND TOP DRESSING Tali DRESS WITH LAWN SAND ONCE PER YEAR One (1) tome per year, NOTE: Insect control to be done on an as needed basis. If, in the opinion of the Parks and Recreation Department, there is damage to turf by insects or pests, Contractor must replace sod. "SPECIAL NOTE -- General Use of Cheirilca,ls: 1. All work involving the use of chemicals shalt be in compliance with all f=ederal, State and local laws and will be accomplished by or under the direction of a Florida Certified Pesticide Applicators' license. Application shall be in strict accordance with all governing regulations. 2, Chemicals shall only be applied by or under the supervision of those persons possessing a valid Florida Certified Pesticide Applicators' license, Applications shall be in strict accordance with all governing regulations. 3. Records must be kept and retained as prescribed by law for the use of pesticides of all operations stating dates, times, methods of applications, chemical formulations, applicator's names and weather conditions. 4. Chemicals shall be applied when air currents are still and using methods preventing drifting onto adjacent property and preventing any toxic exposure to persons whether or not they are in or near the project. 5, Any soil, sod or plants contaminated by misuse of chemicals on the sites will be removed and replaced at cost to the responsibie contractor. 1.6 REPLACEMENTS City shall replace any landscape:, irrigation, or structures damaged by maintenance operations or clue to neglect to perform these specifications and charge cost to maintenance contractor, (Contractor will be notified prior to replacement of repair by City designee.) Bid No. 2413-16 Landscape Maintenanee Pompey Park ThTae (3} Baseball Fields 1.7 DAMAGES Damage to landscape material due to any cause shall be immediately corrected by Contractor: This includes removal of dead or damaged material; and minor grading and replacement of sod displaced by vehicles. 1.8 REPORTS The Contractor shall provide a checklist filled out and returned to the Parks and Recreation Department after each maintenance operation. All maintenance operations and the date they were performed shall be noted, and any reports of damages shall be described. No payments will be made unless all reports are provided. 1.9 GENERAL No maintenance shall be performed on weekends or during holidays unless requested in ;writing and approved by the Delray Beach Parks and Recreation Department Director, Bid No. 2013-16 Landscape Maintenance Pompey ParrkThree ()} Baseball Melds Pompey Bark Three (3) Baseball Fields Maintenance Annual Contract -BID #2073-96 RE -ISSUED PLEASE AFFIX SIGNATURE WHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) The undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with 5A understanding of the conditions governing this bid. `Name of Bidder (Firm Name Business Address: Street Address as Registered with their State of origin) (P_O. Address is not permitted) Mailing Address: ❑ Check if Same as Business Address above Street Address Print Name and Date t Telephone Faz No. v Email Address of Authorized Signee:�� VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: TELEPHONE: EMAIL ADDRESS. l C�� :� �sf t'�l� is r.• l "� Bid No. 2013-16 Landscape Maintenance —Pompey Park Three (3) Baseball Fields Landscape Maintenance # Pompey Park Three (3) Baseball Fields Annual Contract - Bid #201346 RE -ISSUED TOTAL LUMP SUM BID PRICE FOR ONE (1) YEAR FOR LANDSCAPE MAINTENANCE OF THE THREE (3) BASEBALL FIELDS AT POMPEY PARK PER THE ATTACHED SPECIFICATIONS, TERMS, AND CONDITIONS OF THIS BID. $ J, ano X 12 months = $ Monthly Cost Total early Cost Additional Pricing, if required. (estimate) 1. Infield Repairs 2. Laser Grading of Infields 3. Lip Repair of Infields 4. Cost of Clay 5. Cost of Clay 6. Sod Replacement Chemical Applications to be applied by: (per hour) $ � G (per hour) $ ` 00 (per hour) $ OC) (per yard) $ (per Ton) $ (per sq. ft-) t GIBE Florida Certified Pesticide Applicator's License? IF YES please include with your bid package. 'YES ❑ NO C Yi Deviations from Specifications (if applicable): WILL EXTEND SANTE PRICES, TERMS AND CONDITIONS TO OTHER PALMI BEACH COUNTY GOVERNMENTAL AGENCIES: „)§, YES ❑ NO VENDOR NAME: R Federal I.D. # Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields INDENNITYIHOLD HARMLESS AGREEMENT Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and. employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorneys fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement; Contractor's Blame` � gnature I�CYIOLt& V Ltc LIGIII Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3) BasehaE Fields r Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with City employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's game Bid No. 2013-16 Landscape Maintenance —Pompey Park Uhree (3) Baseball Fields OP ID: 9C 'A � " CERTIFICATE OF LIABILITY INSURANCE 701i9/21/12 YY) 9!21 /12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 800-526-1379 Bollinger, Inc. 973-921-2876 101 JFK ParkwayA Short Hills, NJ 07078.5000 Michael Richards NAME CONTACT PHONE FAX c Na E4):I A c. No E-MA1L ADDRESS: PRODUCER ELEV8-1 CUSTOMER jr) k: INSURERS AFFORDING COVERAGE NAIC @ I 1 INSURED ELEV8 SPORTS INSTITUTE INC. INSURER A: Markel .Insurance Company 38970 490 Dotterel Road Delray Beach, FL 33444 - INSURER B: INSURER C INSURER D INSURER E: INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER-- THIS UMBER THIS IS TO CERTIFY THAT 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, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD I UBR' POUCY NUMBER i POLICY EFF 4 MM:DD;YYYY) POLICY EXP (MWDDYYYYl I LIMITS A J 1 GENERAL LIABILITY MMERCIAL GENERAL LIABILITY XC', CLAIMS -MADE D OCCUR rx� I 1 3602AH233772 i t 12/17111 I 12;17!12 EACH OCCURRENCE S 1 ;000>DD AWIIA TO j PREMISES a occurrence) 15 100,00 MED EXP (Any one person) S 5;00 I Participants PERSONAL 8 ADV INJURY S 1,000,00 GENERAL AGGREGATE S 3,001 l GEN'L AGGREGATE LIMIT APPLIES PER: ~— { j POLICY � P-ROT- 1 LOC� PRODUCTS - COMPiOP AGG S 1,000,00 I I I S i I AUTOMOBILE I LIABILITY ANY AUTO i ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS I I 1 I ! i I COMBINEDSINGLE LIMIT i (Ea accident)S BODILY INJURY (Per person) S 4 BODILY INJURY (Per accident)4 5 PROPERTY DAI,nAGE S (Per accident) S WON -OWNED AUTOS S X UMBRELLA LIAB ')( OCCUR EACH OCCURRENCE S _ AGGREGATE I S 1,000,00 j EXCESS LLAB CLAIMS-MADEI 4602AH022864 , 04,12,/12 04/12!13 DEDUCTIBLE S I S RETENTION 5 I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY FROPRIETOR/PARTNERTXECUTIVE OFFICERlMEMBER EXCLUDED? ❑ (Mandatory In NH) N /A I f WC STATU- t OTH-i E.L. EACH ACCIDENT Is E.L. DISEASE - EA EMPLOYEE'; S If yes, describe under E.L DISEASE. POLICY LIMIT I S DESCRIPTION OF OPERATIONS below l A Accident Insurance 4102AH233768 12/17,'11 12/17/12 Med Max: DDID ,Full Excess De& S500iclai DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 191, Additional Remarks Schedule; H more space is required) The certificate bolder is named as an additional insured under the liabilitg policy.,Coverage is provided under this policy only for sponsored/supervised activities of the named insured for which a premium has been paid. CTYDELR City of Delray Beach 100 NW First Avenue Delray Beach, FL 33444 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE v 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY F INFORMATION PAGE COMPANY ZENITH INSURANCE COMPANY POLICY NUMBER NCCI COMPANY NO. - 13145 Z067731608 1. INSURED AND MAILING ADDRESS PRIOR POLICY NUMBER T B C ALL STAR SPORTS, LLC Z067731607 DBA: BUCKY DENT BASEBALL SCHOOL Entity Limited Liability 407 SE 1 ST ST_ Company DELRAY BEACH. FL 33483 FEIN 20-2939222. Board File No. PHYSICAL ADDRESS Group FSMG 490 DOTTEREL RD Reference DELRAY BEACH, FL 33444 DIRECT BILL OTHER WORKPLACES NOT SHOWN ABOVE: None. 2. The policy period is from : 06/08/12 12:01 a.m. to 06/08/13 12:01 a.m. standard time at the insured's mailing address. 3. A. Workers Compensation Insurance: Part One of the policy applies to the Workers Compensation Law of the states listed here: Florida B. Employers Liability Insurance., Part Two of the policy applies to work in each state listed in item 3A. The limits of our Liability under Part Two are: Bodily Injury by Accident $ 100,000 Each Accident Bodily Injury by Disease $ 100.000 Each Employee Bodily Injury by Disease $ 500,000 Policy Limit C. Other States Insurance: Part Three of the policy applies to the states, if any, listed here: All states except states listed in item 3A and North Dakota, Ohio, Washington, Wyoming D. This policy includes these endorsements and schedules: See Extension of Information Page. 4. The premium for this policy will be determined by our Manuals of Rules, Classifications, Rates and Rating Plan. All information required below is subject to verification and change by audit. See Extension of Information Page, Total Estimated Premium $ 3.449 Deposit Premium $ 1,013 Minimum Premium $547 Interim Adjustment of Premium Shall Be Made ANNUALLY Interim Payment of Premium Shall Be Made QUARTERLY INSTALLMENTS For Policy information Call: PRODUCER WELLS FARGO1NS. SERVICES-BOCA BATON 2255 GLADES RD. -STI: 42.0A BOCA RATON FL 33431 Countersigned by: (561) 368-2777 020-060135F 100 Date: Authorized Representative SERVICING OFFICE 1390 Main Street, Sarasota, FL 34236, Ph: (800)226-2324 WC -00-00.01 A lncludes mp)Tighl ma —ud of the Natic-d C-61 on C=pc ien lns:n- = used with its permizio¢. Cop)a, Vht 1996Xational Cou cii on compoaseaon lw ranee. ZD67731508 6 of 10 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY EXTENSION OF INFORMATION PAGE ITEM31) ENDORSEMENTS AND SCHEDULES NAME AND ADDRESS OF INSURED POLICY NUMBER T B C ALL STAR SPORTS, LLC 2067731608 DBA: BUCKY DENT BASEBALL SCHOOL 490 DOTTEREL RD DELRAY BEACH_ FL 33444 Endorsement. Form Number Number Name WC-00-00-OIA 1 Policy Information Page WC -09-06-06 2. Florida Employment And Wage Information Release Endorsement WC -09-04-03A 3 Florida Terrorism Risk Insurance Program Reauthorization Act Endorsement WC -09-03-03 4 Florida Employers Liability Coverage Endorsement V4'C-00704-14 6 Notification Of Change in Ownership Endorsement WC -99-09-19 6 Florida Stipulation To Venue WC -99-04-05 7 Installment Payment Endorsement WC -00 -00 -DIA Z067731606 7 a 1U WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FORM. NUMBER f WC -09-04-03A FLORIDA TERRORISII•I RISK INSURANCE PROGRAM REAUTHORIZATION ACT ENDORSEMENT This endorsement addresses requirements of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Program Reauthorization Act of 2007. Definitions The definitions provided in this endorsement are based on and have the same meaning as the definitions in the Act. If words or phrases not defined in this endorsement are defined in the Act, the definitions in the Act will apply. I - "Act" means the Terrorism Risk Insurance Act of 2002, which took effect on November 26, 2002, and any amendments resulting from the Terrorism Risk Insurance Program Reauthorization Act of 2007 2. "Act of terrorism" means any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State, and the Attorney General of the United States as meeting all the following requirements: a. The act is an act of terrorism. b. The act is violent or dangerous to human life, property or infrastructure. c. The act resulted in damage within the United States, or outside of the United States in the case of tine premises of United States missions or certain air carriers or vessels. d. The act has been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. "Insured Loss" means any loss resulting from an act of of terrorism (including an act of war, in the case of workers compensation) that is covered by primary or excess property and casualty insurance issued by an insurer if the loss occurs in the United States or at the premises of United States missions or to certain air carriers or vessels. 4. "Insurer Deductible" means, for the period beginning on January 1.2.008, and ending on December 31, 2014, an amount equal to 20% of our direct earned premiums, over the calendar year immediately preceding the applicable Program Year. .5. "Program Year" refers to each calendar year between January 1, 2008 and December 31, 2014, as applicable. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy,) Endorsement Effective 06/08/12 Policy No. 2067731608 FSMG Insured BUCKY DENT BASEBALL SCHOOL Policy Period 06/08/12 to 06/08/13 Issued on 04/13/12 mn At Sarasota._ FL (Ed. 1-08) Z -NrTTH INSURANCE COIF VANY -13145 Countersigned by Endorsement No. 3 zae7,731606 8 or 10 Page 1 of 2 ..•s,. e +.. WORKERS COMPENSATION AND EMPLOYERS LIASILM INSURANCE POLICY FORM NUMBER I WG -09-03-03 FLORIDA EMPLOYERS LIABILITY COVERAGE ENDORSEMENT C. Exclusion 5, Section C. of Part Two of the policy, is replaced by following: This insurance does not cover 5. bodily injury intentionally caused or aggravated by you or which is the result of your engaging in conduct equivalent to an intentional tort, however defined.. or other tortious conduct, such that you lose your immunity from civil liability under the workers compensation laws. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/08/12. Policy No. 2067731608 FSMG Insured BULKY BELT BASEBALL SCHOOL Policy Period 06/08/12 to 06/08/13 Issued on 0?/13/12 mn At Sarasota, FL (Ed. 8-05) 206=731608 9 of 10 ZEN= INSURANCE COMPANtY -13145 Countersigned by Endorsement No. 4 k<!� �ti�, r.,•� ... ra;� r gyp': WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY FLORIDA STIPULATION TO VENUE I FORM NUMBER -� WC -99-09-19 In the event litigation becomes necessary in regard to the collection of premium or in regard to any other dispute that may arise under this policy, the parties stipulate that either Sarasota County; Florida or Orange County, Florida, will be the venue for the legal action. The parties further stipulate that if supplemental proceedings are required subsequent to judgement, the president and secretary of a corporate insured, or all parties of a partnership insured. or the individual in the event of an indi%iduaI insured, shall submit to the supplemental proceedings in either Sarasota County, Florida or Orange County, Florida at the sole discretion of Zenith Insurance Company. This stipulation does not apply to workers compensation claims matters filed by individual claimants for benefits which will be governed by state statute, regulation, rules and administrative procedures applicable thereto. This endorsement changes the policy to which It is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/08/12 ZENM-1 INSURANCE COMPANY - 13145 Policy No. 2067731608 FSMG Insured BUCKY DENT 13ASEB ALL SCHOOL Policy Period 06/08/12 to 06/08/13 Countersigned by Issued on 04/13/12 mn At Sarasota, FL Endorsement No. 6 (Ed. 6-01) ZD67731WB 10 of 10 ACC)J?L>Q0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDTYYY) 9/21/2012 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER DAVID HEINY ALLSTATE INSURANCE COMPANY 6338 LANTANA ROAD LAKE WORTH, FLORIDA 33463 CONTACT NAME: PHONE 561 4332880 t Ric Na:561433 1557 ADCRESS: A013445 ALLSTATE.COM INSURER(S) AFFORDING COVERAGE ^'I MAIC# INSURER A: ALLSTATE INSURANCE COMPANY INSURED ELEV8 SPORTS INSTITUTE 407 SW IST ST DELRAY BEACH, FL 33483 INSURER F; _ INSURER C: INSURER D: INSURERE: INSURER F : I MOBILE LIABILITY i ANY AUTO j ALL OWNED F77-' SCHEDt:LED AUTOS X AUTOS NON -OWNED j HIREDAUTOS AUTOS i (;UVERAGE5 CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 7HE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TRS T,, OF INSURANCE 1ADDLISUSRf LTR ! I POLICY NUMBER POLICYEFF ' POLICYEXP "MIDDY,MMIOD!YYl'Y "'"--"""-----"- LIMITS i GENERAL LIAEtI LTY COMMERCIAL GENERAL LIABILITY _! CLA;Iv15•1,dADE 7 OCCUR { I yyy i i ! E { EACH OCCURRENCE [5 _07y - T RENTED PREt.1tSES IEa =wrmcn) S lAEO EXP (Arty one person) S` PERSONAL &ADV INJURY S GENERAL AGGREGATE Is I GENL AGGREGATE LIMIT APPLIES PER ' j-1 Pro - POLICY LOC PRODUCTS - COt.1?!OP AGG 5 S A AU MOBILE LIABILITY i ANY AUTO j ALL OWNED F77-' SCHEDt:LED AUTOS X AUTOS NON -OWNED j HIREDAUTOS AUTOS i 648509947 109/27112 '09127/13 j ' FOa a xc dI DISIWGLE LU.vT $ 300 000 i _ BODILY INJURY (PerperwN j S BODILY INJURY (Per I` PROPERTY DAAiAGE j IPerac 11111 S I� UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE j DEA S RETENIONS +EACH {AGGREGATE OCCURRENCE S $ WORKERS COMPENSATION AND EMPLOYERS'LIABiL1TY +I YIN° ANY PROPRIETOR/PARTNERJEXECUT(VE ❑ . OFFICE Rad EMBER EXCLUDED IMandalory in NH) If M. tleSmbe maer I DESCRIPTION OF OPERATIONS Gefow I I N 1 A I I I } j { I ? I I WC STATU- Z iOTF+' n1�IM1AIT, c' E -L. EACH ACCIDENT S E L. DISEASE - EA EMPLOYE S E.L_ DISEASE - POLICY LIMIT ? S I II 4 I DESCRIPTION OF OPERATIONS f LOCATIONS f VEHICLES (Attach ACORD i o1, Additional Remarks SChedu{e, if more space Is required) 2008 FORD F160 4WD VEHICLE IDENTIFICATION NUMBER: 1FTPW14V58FB03917 CERTIFICATE HOLDER CANCELLATION ELEV8 SPORTS INSTITUTE 407 SE 1ST ST DELRAY BEACH, FL 33483 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ©19t)Wz'd1D ACORO CORPr1RATInN All 'i. kr� ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD FLORIDA INSURANCE IDENTIFICATION CARD (STATE) COAAPAI'!1` NUMBER COMPANY O COMMERCIAL F7 PERSONAL 19232 ALLSTATE POUCY NUIMER EFFECTNE DATE EXPIRATION DATE 648509947 09127112 09127113 Ij YEPR MAVEINIODEL 2008 FORD F150 AGENCY/COIAPAW ISSul NG CARD DAVID J HEINY ALLSTATE INSURANCE COMPANY 6338 LANTANA ROAD INSURED ELEVS SPORTS INSTITUTE 407 SE 1ST ST DELRAY BEACH, FL 33483 VEHICLE IDENTIFICATION NULL -ER IFTPW14VSBFBO3917 I 1 SEE IMPORTANT NOTICE ON REVERSE SIDE THIS CARD MUST BE KEPT JN THE INSURED i VEHICLE AND PRESENTED UPON DEMAND IN CASE OF .ACCIDENT; Report alf accidents to your Agent/Company as soon as possible. Obtain the following information: 1 _ Name and address of each driver, passenger and witness. f 2- Name of Insurance Company and policy number for each vehicle involved. ACORU 50 (2067102) @ ACORD CORPORATION 1963-2007, Alk rights reserved. u,� '.1 „� � � ' � Fes' a� 4ti: :i�x•n - Pompey Park Three (3) Baseball Fields Maintenance Annual Contract EQUIPMENT DESCRIPTION In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) MANUFACTURER: Manufacturer of equipment and model number. (d) AGE AND CONDITION: Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (e) OWNER: Owner of equipment Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields ww__ ��0.0 N �r� • 4NO 4, M, M # 6 MaN NO ai'ii �►' f woo Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields Pompey Park rhree (3) Baseball Fields Maintenance Annual Contract ISE dSSLIED If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process_ Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-fr workplace through implementation of this section. Contractor's Dame �ignature Bid No. 2013-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields WORK REFERENCES Did Pompey Park Three (3) Baseball Fields Maintenance Annual Contract RE -ISSUED *Please complete this page or attach your reference page to this sheet, A2ency/Company Q:v < , Address Y_Jbi%� .: a—n City, State, Zi Contact Person oil Telephone r. r In adlrj� c Date(s) of Service LJ r Type of Service �' L Comments: 1_X_% S. 1 , r Bill ! l,2ate • _ oil Type Df Service In adlrj� • - ff 9-0-711 AIM W4, 1_X_% S. 1 , r Contractors Name: Bid. No. 2013-16 Landscape Maintenance Pompey PaA, Three (3) Baseball Fields V Oil ! l,2ate • _ Date(s) of Service Type Df Service In adlrj� • - ff 9-0-711 AIM W4, Contractors Name: Bid. No. 2013-16 Landscape Maintenance Pompey PaA, Three (3) Baseball Fields V Oil ELEV8 SPORTS INSTITUTE INC 407 SE 1 ST ST DELRAY BEACH FL 33444 40009 RECEIPT NO 13 00051332 CONTROL NO 138138 DATEISSUED: 9/14/12 BUSINESS TAX FEE: '00 DELINQUENT FEE: .00 TRANSFER. FEE: -00 TOTAL AMOUNT PAIR: 00 � BUSINESS T.k3: RECEIPT ISSUED FOR THE PERIOD OCTOBER 12012 TO SErTEMSER at, 2013 BUSINESS TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED TO PUBLIC VIEW AT BUSINESS LOCATION Notice: 77ils business tax receipt becomes NULL and V010 if ownership, business name,or address is cheneed. APPicant must apply for Transfer. CITY OF DELRAY BEACH BUSINESS TAX RECEIPT INFORMATION DATE ISSUED: 9/14/12 BUSiNESS TAX RECEIPT ISSUED FOR THE PERIOD OCTOBER 1 2012 TO SEPTEMBER 30 2013 • Please conspicuously post this current business tax receipt so that it is able to be viewed by anyone upon entering your place of business. • This business tax receipt represents proof of payment of your business tax fee for the period October 1 to September 30_ Continuous licensure can be an important asset for certain business users-, please exercise diligence in maintaining this business tax receipt. • Once you have obtained a Delray Beach business tax receipt, you will be sent a renewal notice each year 30 to 60 days before expiration to the address indicated on the face of the receipt. Please check all business tax receipt information and if there is an error, report it to us immediately. The City may impose fines and penalties for failure to renew' this business tax receipt. If you change your business name, Cwi-ieTship or location, you »lust »lake a Oew application for the change and pay a $13.78 transfer fee. The business tax receipt must be surrendered prior to issuance of the new receipt. The back of the receipt must be signed and dated by the previous owner and indicated that all rights, interest, and title of the business is assigned to the new owner_ • If you have more than one business location, you must obtain a business tax receipt for each location. • A separate business tax receipt is issued for each I Please check with us if you. have any questions business by visiting us at 100 NW 1st A its our calling us at (561) 243-7209. 7953 Tse performed within your business. regarding the classification of your website at MyDelrayBeach, com, or Notice: The issuance of this business tax"receipt is a result of a payment of the business tax and shell not be interpreted as: permitting the business to supercede the zoning code of the City, an endorsement by the City ofa business, nor certification by the City of the competence of a business. �� =;r. f ,tier 'N Z3 =. sP i3 Box 3353. kN'est Palm $F•ac•`:. FL 33d7 -3'53 , A— - �h'h'VJ tslc=flecGli-I, ccxn Tel CC V —LOCATED AT - 4V0 DOTTEREL POAD DEL RAY BEACH, F! 33444-2032 �a stiFss �:,<_❑ i C'ZFIr n<sw= rce�1 mvAL,Saa.+r.+ aw±aA1^ e4t.V 5 •i'�,Ct r,+CFi�T=�gh.:tD a -?9r1 e+: 5 •. This &cri ment >S valid only when ;ecE+, sen by STATE CF FLORIDA PALM BEACH COUNTY 201212013 LOCAL BUSINESS TAX RECEIPT EL EVSSPORTS IN'ST1-UTE INC LBTR Number: 200600498 ELE` 8 SPORTS iNIS`FUTE INC EXPIRES: SEPTEMBER 30.2013 4C`r3E ISTsT This mc.ect dies im4 c- csttt,:Ie a fraricbis DEiRA.Y' CEACK FL 33-183 ttF tt jjI agr>_emer., Permissicat zji al.;:f�:_rit; to peri"" h -e :iEcc#4iic�+s��it11IJ11 cervi' -es or.+}r2!2i 'hp.`:: i;;^"SOtSCsc 3+'�Ii>^:rzfr- vl-+er+ a f, anch se, aLr-,=rnei ii or mhe--r Criv-1! Wrnmw..: r,r- slate :Jr feder;:�1 v,.�r:nl<-al,,n 3f at'ihor;y 5 •`irl:4E+"c*�i tv r-fx.r-ty, s13 -,w -�,i fa-; S P 0 R T S t N S T( T U T E Pesticide Applicator: David Laughlin License # CM4584 Copy of license to be submitted upon winning bid �... .n. :. c.:.:�cd+'.....a:;-.::.x.a�ce.x,:'P:'c"-y"v'•:sx? `:z.`�'.-+:.�3`-.:-::;?', F'3..: ac'+33s�s?'3r�:.aS7°'•',.`..a."'3w:...".:7;i;.:::^xS'.,"+.i',�.25`. F'^'.C'y.'r_.�"'i.,.,"; y1r:..- - TRAMNG EXCELLENCE 490 Dotterel Road, Delray Beach FL 33444 1 Phone (561) 265-0280 1 Fax (561) 865.7358 1 Pomp3 ay Pack 'Three (3) Baseball Fields iWaintenance Annual Contract -BID #2013-16 RE ISSUED PLEASE AFFIX SIGNATURE INHERE INDICATED (FAILURE TO DO SO SHALL BE CAUSE FOR REJECTION OF YOUR PROPOSAL) .ne undersigned bidder certifies that this bid package is submitted in accordance with the specification in its entirety and with ,full understanding of the conditions governing this bid. its Turf One, Inc. *Name of Bidder (Firm Name as Registered with their State of origin) Business Address: 9819 State Road 7 Street Address (P.O. Box Address is not permitted) Boynton Beach, FL 33472 _ City, State, Zip Mailing Address: RI Check if Same as Business Address above Street Address Authorized S -i niat_re (W n) William Gillan, VP Print Larne and Title of Iverson Signing this Form 10/12/2012 .1561-369-7994 661-364-1118 Date Telephone ! Fax No. Email Address of Authorized Signee: Billgp_sportsturfone.com VENDOR SERVICE REPRESENTATIVE FOR PLACEMENT OF ORDER CONTACT NAME: Scott Haverland TELEPHONE: ( 561 ) 389-7994 EMAIL ADDRESS: scotth s ortsturfone.com Bid No. 2013-16 Landscape Maintenance Pompey Park. Three (3) Baseball Fields Landscape ai tenat ce # Y ornpey Park Y iftre ' (3) , ae ebb B OWdq Annual Contract o Bid #2013-16 RE -ISSUED TOTAL LUMP SUM BID PRICE FOR ONE (1) YEAR FOR LANDSCAPE MAINTENANCE OF THE THREE (3) BASEBALL FIELDS AT POMPEY PARK PER THE ATTACHED SPECIFICATIONS, TERMS, AND CONDITIONS OF THIS BID. 4003.98 X 12 months = $ 48,047.72 (Includes Bond Cost) .Monthly Cost Total Yearly Cost Additional Pricing, if required, (estimate) 1. Infield Repairs 2. Laser Grading of Infields 3. Lip Repair of Infields 4. Cost of Clay 5. Cost of Clay 6. Sod Replacement Chernical Applications to be applied by: Andy Lemmel Pete Powell $ 208.34 (per hour) $ 237.65 (per hour) $ 232.09 (per hour) $ 41.19 (per yard) $ NIA (per Ton) $ 0.61 (per sq. ft_) Florida Certified Pesticide Applicator's License? IF YES please include with your bid package. N YES o NO Deviations froth Specifications (if applicable): COUNTY GOVERN -MENTAL AGENCIES X YES Cl NO VENDOR NAME. Sports Turf One, Inc, Federal I.D. # 59-3476934 Bid No. 2013-16 Landscape Maintenance —Pompey Park Three (3) Baseball Fields �z��tu�ria,ca�n inr 9a: �i91 G (1�613lyE3`d;�131 400E -Ml LJI'114! N.C. 1 WNTRA,0,T U-0 CU [WE414-IFS Landscape t'aflainterjance Pompey Park -Three (3) Basebaii Fields - Reissueci End. Noe 2013-16 Saptembev 20, ` 01 O ALL BIDDERS AND OTHERS -CONCERNED ia.;K2 110/21/12 LSi Fq 1--I Contractors submitting proposais for the al3ove-reteren„ed projecX shalt take note of the following changes, additions, deletions clarifications, eta;.., {o the Plar.:s and S;aerifications which in accordance with the Contract Documents shall become a part of .and have precede: icc over an.Ahing shown or described otherwise. A MANDATOKY CC'NRERENCE Has beam schedulecl `c: Ti-asday, J, 2E� 2 c '1, . fi,�l k., locat-ad at city 1' �e I�i vrr ;,rau�fe�en e c l f t ,`idU I't Avenue, Dellray Beagh FL '63444, - *TIME CHANGE ONLY: 3:00 PM Wrl:e the words "Alden uTm cin the ex e"ior cif the er:ite ai_>e it : r' iic'r} tine bids are submitted. - - NOTE: Bidders mast ackno iEedge Rece,pt of this Addentbfm �y: Sincerely Yours, Patsy Nadal, Purchasing Manager PLEASE ACKNCAILEDGE: RECEIPT CC~ ADDENDUM NO. 1 BY SIGNING PELOW AND FAXING BACK TO (561) 243-7166 OR EMAIL nat al � r� ce€r�yl��at,h.cc xt AS SOON ASS POSSIBLE. Date Addmdam #1- Bid #20',3-16 Contractor shall, in addition to any other obligation to indemnify the City of Delray Beach Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Delray Beach, its officials, and. employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting there -from, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts, disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Delray Beach to enforce this indemnification clause shall be borne by the Contractor, The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. Contractor's Name Sports Turf One, Inc. Bid No. 2013-16 Landscape Maintenance —Pompey Park Three (3) Baseball Fields v�� ,^�..', t: �• ;fid` � - s � Bidders are advised that a bidder or anyone representing the bidder cannot communicate with any City Commissioner, or any City employee, other than the City employees located in the Purchasing Department, regarding its bid, i.e., a "Cone of Silence". The "Cone of Silence" is in effect from the date/time that the bid is placed on "Demandstar" by the City. The "Cone of Silence" will terminate upon the bid opening. However, bidders may communicate with Cih, employees who are present at the mandatory pre-bid meeting during the actual pre-bid meeting. Once the pre-bid meeting is over, bidders may only communicate with employees of the Purchasing Division. Contractor's Name Sports Turf One, Inc. Signature ' Bid No. 2013-16 Landscape Mahitenance Pompey, Park Three (3) Baseball Fields OP ID: JW CERTIFICATE ®F LIABILITY INSU NCE DATE0912 /1YYYY) 09/25/12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 386-252-9601 Brown & Brown of Florida, Inc. Daytona Beach Office 386-239-5729 P.O Box 2412 Beach, FL 32115-2412 Ian B. Shinnick CONTACT NAMk: Denise D'Abata st:386-239-7281 ac N: 386-323-9121 �° No eo E-MAIL ddabato@bbdaytona.com PRODUCER @bbdaytona.com CUsroMERID;1:SPORT-7 INSURER(S) AFFORDING COVERAGE NAIC # INSURED SPORTS TURF ONE, INC. INSURER A: Westfield Iris CO 24112 HAVERLAND BLACKROCK CORP 9819 STATE ROAD 7 INSURER 8 A BOYNTON BEACH, FL 33472 INSURER C INSURER D: CMM5576071 INSURER E. 01101113-PREMISESAG INSURER F: MED EXP (Any one person)$ 10,00 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TR TYPE OF INSURANCE DL VB POLICY NUMBER MMNDY EFF Y E MM DDIYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X CMM5576071 01/01112 01101113-PREMISESAG TO 154,00 Ea occurrence $ MED EXP (Any one person)$ 10,00 PERSONAL & ADV INJURY $ 1,000,00 X XCU X CONTRACTUAL GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,00 17 POLICYX PRO- LOC $ A AUTOMOBILE X LIABILITY ANY AUTO CMM5576071 01/01112 01101/13 (COMBINED aSINGLE LIMIT $ 1,000,00 BODILY INJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) S X SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) X NON -OWNED AUTOS $ X UMBRELLALIAB X OCCUR EACH OCCURRENCE $ 10,000,00 AGGREGATE $ 10,000,00 A EXCESS LIAB CLAIMS -MADE CMM5576071 01/01112 01101113 DEDUCPSLE S X RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LUU31llTY IN YN WC STATU- 10TH TORY LIMffS ER E.L. EACH ACCIDENT $ ANY PROPRIETORIPARTNEREXECUTIVE OFFICERIMEMBER EXCLUDED? I A E.L. DISEASE - EA EMPLOYE $ (Mandatory in NH) If yas, desc ibe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A EQUI CMM5576071 01/01/12 01101/13 LIMIT 300,00 �LEASEDIRENTED DIED 1,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES Attach ACORD 101 Additional Remarks Schedule, ff more space is required) CITY OF DELRAY BEACH IS ADDITIONAL i SURED ON THE GENERAL LIABILITY AS REQUIRED BY WRITTEN CONTRACT. CERTIFICATE HOLDER CAKIrFI_I_ATInN CITYD17 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF DELRAY BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 100 NW 1 AVENUE DELRAY BEACH, FL 33444 I AUTHORIZED REPRESENTATIVE �7z ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD ACOW®�CERTIFICATE �F LIABILITY INSURANCE DATE EMrOD 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCERw CT NAME: _ Bouchard Insurance for WBS P:O.Box 609P Clearwater, FL 33758-6094 _ PHCNE (866 293-360-3 ext. 623 FAX N*): E-MAIL ADORess: INSURERS AFFORDING COVERAGE NAIC ar INSURER A: American Zurich insurance Company- 44142 DAMAGE TO R PREMISES (Ea $ MED EXP (Any ono persm S INSURED INSURER B !!)SURER C : _ Workforce Business Services, Inc. Aft. Emp: Sports Turf One Inc 1401 Manatee Ave. West Ste 604 �"� I PERSONAL & ARV INJURY S Bradenton, FL 34205-6748 INSURER D: INSURER E: INSURER F: GENERAL AGGREGATE $ r_nul=Bert=>~ CERTIFICATE NUMBER, 11FL079806999 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, NSR LTR TYPE OF INSURANCE ADMIStW POLICY NUPkBER POLICY EFF WDD POUCY EXP UM FIJMrrrS GENERAL LLMM TY COMMERCIAL GENERAL L"ILITY EACH OCCURRENCE $ DAMAGE TO R PREMISES (Ea $ MED EXP (Any ono persm S CLAIMS4AADE D OCCUR PERSONAL & ARV INJURY S GENERAL AGGREGATE $ GENT AGGREGA UMrr APPLIES PER: PRODUCTS - COMP/OP AGG S $ POLICY PLO -LOC AUTOMOEME UAIRRMY E rwid l) NGLE LIMIT BODILY INJURY {Per parson} S ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NONAUT-OWNED PROPERTY DAMAGE S PEra=deM S UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS UA$ CLAIMS -MADE DED i i RETENTION s Is WORKERS COMPENSATION X C LATU OTH- A AND EMPLOYERS• UABpJiY ANY PROPRIETORIPARTNER/EXECUTivE YIN OMCE IMEMBER ExCLUDED� (IRandatory In NH) N / A WC 90-00-818-01 12/31/2011 12/31/2012 £ i. EAGi AOGDENT S 1,444,044 E.L. DISEASE - EA EMPLOYE $ 1,000,400 E.L DISEASE - POLICY LIMIT $ 1,444,044 N describe under DESCRIPTION OF OPERATIONS below Qualifier. Kenneth W Gregory Burdell A Haverland !:1:7 Location Coverage Period: 12131/2011 12!31/2012 Client# 001239 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Renwts Schedule, if more space is required) Sports Turf One Inc Coverage is provided for 9819 SR 7 oriiy those employees leased to but not Boynton Beach, FL 33472 subcontractors of: I ATInN City of Delray Beach SHOULD ANY OF THE ABOVE OESCPJBED POLICIES BE CANCELLED BEFORE 100 NW 1st Ave THE EXPIRATION DATE THEREOF, NOTICE iAiiLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Delray Beach, FL 33444 AUTHORUZED REPRESENTATIVE 1 V-IV56-20ifi At. umu t-vmt-ums i Ium. ears iiyll s re"�'arvvu- ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD NIELSON, MOSHOLDER ASSOCIATES November 9, 2012 City of Delray Beach 100 N. W. I" Avenue Delray Beach, FL 33444 Re: Sports Turf One, Inc., Boynton Beach, Florida To Whom It May Concern: This letter is to serve as a general Statement of Bondability for Sports Turf One, Inc. Based upon normal and standard underwriting criteria at the time of the request, we should be in a position to provide Performance and Payment bonds on this account up to $2,000,000 single with a total aggregate program of $4,000,000. They are currently bonded through Developers Surety and Indemnity Company. The Surety Company has an AM Best Rating of A- VII. Sports Turf One, Inc.., is an excellent contractor and we hold them in the highest regard. Obviously, we feel extremely confident in our contractor and encourage you to offer them an opportunity to show the quality and professionalism they possess. This letter is not an assumption of liability, nor is it a bid or performance & = payment bond. It is issued only as a bonding reference requested by our respected client. If you should have any questions, please do not hesitate to give me a call. Sincerely, Developers Surpty and, Indemnity Company Laura D, Mosholder Surety Bond Specialist 4380 St. Johns Parkway Suite 110 Sanford, FL 32771 P: 407.330.3990 F: 407.330.3949 Bond No: By this gond, We as Principal, whose principal business address and phone number are , as Contractor under the contract dated , 20____ between Principal and the City of Delray Beach, whose principal address and phone number are for the construction of Project No.- __ , more particularly described as and located at (hereinafter referred to as "Contract") the terms of which Contract are, incorporated by reference in its entirety into this Bond and as Surety, whose principal business address and telephone number are the sum of (U.S. dollars) $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that Principal; 1. Performs all the work under the Contract, including but not limited to guarantees, warranties and the curing of latent defects, said Contract being made a part of this bond by reference, and in the times and in the manner prescribed in the Contract, including any and all damages for delay-, and 2. Promptly makes payments to all claimants, as defined in Section 255,45(1) Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract and 3. Pays City all losses, damages, including damages for delay, expenses, costs and attorney's fees, including appellate proceedings, that City sustains because of a default by Principal under the Contract, including but not Limited to a failure to honor all guarantees and warranties or to cure latent defects in its work or materials within 5 years after completion of the work under the Contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the tirne specified in the Contract,including all warranties and curing all latent defects within 5 years after completion of the work under the Contract; then this bond is void, otherwise it remains in full force. In the event that Principal shall fail to comply fully with, carry out and perform the terms and conditions of the Contract the Surety, following receipt of a written demand by the Obligee to correct Principal's default(s), and having failed to correct such default (s) within a reasonable time , shall be deemed to be in default fifteen days after receipt of an additional written demand by the Obligee to correct the Principal's default, and the Obligee shall be entitled to enforce any remedy against Surety available to the Obligee including, but not limited to recovery of damages for the Surety's delay. If no specific periods of warranty .are stated in the Contract for any particular item or work, rnaterial or equipment, the warranty shall be deemed to be a period of one 0) year from the date of final acceptance by the City. This Bond does not limit the City's ability to pursue suits directly with the Principal seeking damages for latent defects in materials or workmanship, such actions being subject to the limitations found in Section Florida Statutes. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05 (2), Florida Statutes. Any changes in or under the Contract Documents and compliance or noncompliance with any formalities connected with the Contract or the changes does not affect Surety`s obligation under this Bond. Bid No. 2013- 16 Lamdscape Maintenance —Pompey Park afire. (3) Baseball Fields IN WITNESS WHEREOF, the above bounden parties have caused this Bond to be executed by their appropriate officials as of the day o; 20_ CONTRACTOR (Contractor Dame) BY: (President) (Managing Partner or Joint Venturer) (SEAL) COUNTERSIGNED BY RESIDENT SURETY: FLORIDA AGENT OF SURETY: Name: (Copy of Agent's current Identification Card as issued by State of Florida Insurance Commissioner must be By: Attached) Name Attorney -in -Fact (CORPORATE SEAL) Bid No, 2013-I6 Landscape Maiuten=ce Pompey Park Three (3) Baseball Fields _....._._..___..__........................ .... .... ... _..---------._____._.__ _ 1= Pompey Park Three (3) Baseball ,Melds Maintenance Annual Contract EQUIPMENT DESCRIPTION In preparing the tabulation below, the Bidder shall insert the following information under the appropriate heading, using a separate line for each major item and an additional page, if necessary. (a) ITEM: Description of equipment. (b) USE: Description of what the equipment will be used for in the project. (c) MANUFACTURER: Manufacturer of equipment and model number. (d) ACE AND CONDITION: Original model year of equipment — if equipment has been rebuilt, year of last overhaul. (e) OWNER: Owner of equipment ITEM USE I MANUFACTURER AGE AND CONDITION OWNER l 'lbk�l" i 4 1. ....... . .. Bid Na. 2013-16 Landscape Maintenance Pompey Park Three (3) Baseball Fields Sports turf One, Inco Sports Field Construction & Maintenance ® Golf Course Construction r. A HANERI AND COMPANY 2012 OWNED EQUIPMENT LIST 1 2001 TORO RAK 0 VAC VACUUM VACUUM 2 2010 TANAKA WALK BEHIND EDGER TL600 3 2002 ANDERSON TRAILER 8X20 4 1997 ANDERSON TRAILER GOOSENECK 5 1999 ANDERSON TRAILER 7X20 6 1999 DOLMAR CHAIN SAW PS5105 7 2000 ANDERSONTRAILER 7X20 8 2004 BOBCAT SKID LOADER 5300 9 1997 CATERPILLAR FORKLIFT DP25D 10 2000 COACHMAN TRAILER CLIPPER 11 2001 EAGER BEAVER TRAILER 10 HA -PT 12 2004 EAGER BEAVER TRAILER 10 HA -PT 13 1994 FORD GRADING TRACTOR 3930 14 1995 FORD DUMP TRUCK F800 15 1996 FORD LASER TRACTOR 3930 16 2003 FORD #302 DUMP TRUCK F 750 17 2003 FORD # 303 DUMP TRUCK F 750 18 2000 FREIGHTLINER TRUCK FL70 19 1996 GMC UTILITY TRUCK W4 21 2005 GMC PICKUP TRUCK SIERRA 22 2003 HOWARD ROTOVATOR HR 20-60 23 1999 INTERNATIONAL SEMI TRACTOR 9100 24 2004 JACOBSEN SODCUTTER 18" JUNIOR 25 2009 JOHN DEERE GRADING TRACTOR 6430 26 1998 JOHN DEERE LASER TRACTOR 1070 28 2005 GREENSMASTER REEL MOWER 4025 29 2000 JOHN DEERE LASER TRACTOR 4100 30 2000 SUPER GREENSMASTER REEL MOWER 1000 31 2002 JOHN DEERE GRADING TRACTOR 4500 32 2001 JOHN DEERE FERTILIZER TRACTOR 4600 33 1999 JOHN DEERE LASER TRACTOR 5310 34 2004 JOHN DEERE INFIELD GROOMER GATOR 35 2001 KAWASKI WORK VEHICLE MULE 36 1999 KOMATSU WHEEL LOADER WA180-31- 37 2000 KUBOTA EXCAVATOR 1<X91-2SR1 38 2003 TORO RAK 0 VAC VACUUM VACUUM 39 2000 POWER WASHER HONDA 40 2000 ROL MOL SOD ROLLER 304 41 1998 ROL MOL SOD ROLLER 304 42 1995 SPECTRA PHYSICS LASER 1145-1 43 2005 TED SHED TUFFY 44 1998 TY CROP SAND SPREADER MH -400 45 1997 ANDERSON TRAILER 3 TON 46 2001 ANDERSON TRAILER 3 TON 47 2003 ANDERSON TRAILER 5 TON 48 2004 ANDERSON TRAILER EQ7183T 49 2003 ANDERSON TRAILER 5 TON 51 2004 ANDERSON TRAILER 5 TON 52 2005 ANDERSON TRAILER EQ7207T 53 1993 HACKNEY TRAILER 14 BAY 54 2007 TRAILBOSS TRAILER KW48DTA 55 2007 PACE TRAILER SHADOW 56 2006 TAYLORWAY DUMP TRAILER 40009T 57 2001 ISUZU ULITILTY TRUCK NPR 58 2003 CHEVROLET VAN EXPRESS 59 2004 GMC PICKUP TRUCK SIERRA 60 2005 GMC UTILITY TRUCK W4500 61 2006 GMC PICKUP TRUCK 250OHD 62 2006 GMC UTILITY TRUCK W4500 63 2007 GMC UTILITY TRUCK W4500 64 2008 DODGE 3500 PICKUP TURCK 3500 65 2007 GMC 2500 PICKUP TRUCK SIERRA 66 2001 ISUZU UTILITY VEHICLE NPR 67 2006 JOHN DEERE WORK VEHICLE GATOR 68 2006 JOHN DEERE WORK VEHICLE GATOR 69 2007 JOHN DEERE WORK VEHICLE GATOR 70 2004 JOHN DEERE WORK VEHICLE GATOR 71 1998 KAWASAKI WORK VEHICLE MULE 72 2004 KUBOTA WORK VEHICLE RTV900T 73 2006 KUBOTA WORK VEHICLE RTV900T 74 2007 JOHN DEERE GRADING TRACTOR 990 75 1997 JOHN DEERE REEL MOWER 3235A 76 1997 JOHN DEERE REEL MOWER 2653E 77 2004 JOHN DEERE REEL MOWER/TURF SYSTEM 11 3325C 78 2004 JOHN DEERE REEL MOWER 2653A 79 2006 JOHN DEERE REEL MOWER 3225C 80 2006 JOHN DEERE REEL MOWER 3225C 82 2006 JOHN DEERE REEL TRACTOR 5220 83 2006 JOHN DEERE REEL MOWER 2653A 84 2006 JOHN DEERE REEL MOWER 3225C 85 2004 JOHN DEERE INFIELD GROOMER 1200A 86 2006 JOHN DEERE INFIELD GROOMER 1200A 87 2003 JOHN DEERE REEL MOWER 3235A 88 2003 JOHN DEERE REEL MOWER 32258 89 2007 TAKEUCHI TRACK LOADER TL150 90 2007 WIEDENMANN DETHATCHER VACUUM SUPER 500 91 2005 ST1HL CHAIN SAW MS441 92 2005 STIHL CHAIN SAW MS441 93 1998 KUBOTA TRACTOR/SPRAYER L2900 94 2004 KOBUTA ROTARY MOWER D1105 95 2004 KUBOTA ROTARY MOWER ZD28F-72P 98 2005 KUBOTA WHEEL LOADER R520S-1 99 2007 KUBOTA WHEEL LOADER R520S-1 100 2005 KUBOTA FERTILIZE TRACTOR L3130HST 101 2004 KUBOTA FERTILIZE TRACTOR L5030GST 102 2003 EX MARK ROTARY MOWER ROTARY 103 2004 THATCHMASTER DETHATCHER TM720 104 2005 THATCHMASTER DETHATCHER TM600 105 2004 6' BUSH HOG ROTARY MOWER 306 106 2005 BANNERMAN TURF ROLLER B-TR8 107 2000 ANGLE MASTER BED KNIFE 108 2000 EXPRESS REEL GRINDER GRINDER 109 2007 GRADEMASTER PRO LASER GMPR07 110 2006 BOMAG ROLLER BW177D-3 111 2006 GOLF LIFT MACHINE GI -9 112 2006 LESCO FERTILIZER SPREADER 709157 113 2006 LESCO FERTILIZER SPREADER 709157 114 2006 GRAYCO PAINT LINE STRIPER FIELD LAZER 115 2006 CURTIS AIR COMPRESSOR 13HP 116 2007 GROUNDHOG AERWAY AERIFIER AWFHP-74 117 2004 AMMCO EQUIPMENT LIFT S297SR1 118 2006 TYCROP SAND TOPDRESSER 270 119 2006 ECHO WEEDEATER SRM 2605 120 2007 ECHO BACKPACK BLOWER PB620 121 2007 DIXIE CHOPPER ROTARY MOWER LT2000-44 122 2001 TORO MULTI PRO SPRAYER 1200 123 2005 TORO MULTI PRO SPRAYER 41164 124 2006 TORO GROUNDMASTER ROTARY MOWER 4500D 125 1973 FERR TRAILER TRAILER 127 2000 LASER ALIGNMENT INC LASER SINGLE PLANE 128 1998 KAWASAKI MULE WORK VEHICLE MULE 129 1993 LASER PLANE LASER DUAL 130 2004 KUBOTA ROTARY MOWER BZD28 131 2002 DIAMOND CONE LASER 770 132 2001 PILOT LASER PILOT 133 2009 AGATEC CONE LASER CL185 134 2010 AGATEC CONE LASER CL185 135 2004 NORTHWEST DIGITAL TRANSIT NETH2O 136 2004 LASER ALIGNMENT LASER 40800-01 137 1/21/2008 ECHO WEEDEATER SRM -265 138 1/21/2008 ECHO WEEDEATER SRM -265 139 1/21/2008 ECHO EDGER PE 265 140 1/21/2008 ECHO EDGER PE 265 141 1/21/2008 ECHO BACKPACK BLOWER PB 620 142 2009 KAWASKI EXMARK ROTARY MOWER TURF TRACER X 143 2008 KAWASAKI WORK VEHICLE 2525 144 2011 LESCO FERTILIZER/SPREADER 101186 145 1/21/2008 ECHO BACKPACK BLOWER PB-620 146 1/21/2008 ECHO HAND BLOWER PB 251 147 1/21/2008 ECHO WEEDEATER SRM 265 148 1/21/2008 ECHO WEEDEATER SRM 265 149 1/21/2008 ECHO BACKPACK BLOWER PB 620 150 1/21/2008 ECHO BACKPACK BLOWER PB 620 151 1/21/2008 ECHO EDGER PE 265 152 1/21/2008 ECHO EDGER PB 265 153 1/21/2008 ECHO HAND BLOWER PB 2S1 154 1/21/2008 STIHL HEDGETRIMMER HS 86T 155 5/22/2008 BILLY GOAT BLOWER BGEF900S 156 1/21/2008 ECHO BACKPACK BLOWER PB 620 157 1/21/2008 STIHL HAND BLOWER BG 85 158 1/21/2008 STIHL HEDGETRIMMER HS 86T 159 1/21/2008 ECHO BACKPACK BLOWER PB 620 160 1/21/2008 ECHO WEEDEATER SRM 265 161 1/21/2008 ECHO EDGER PE 265 162 10/3/2008 ECHO BLOWER PB251 163 07/03/05 ECHO WEEDEATER SRM 265 164 2010 ECHO EDGER PB 265 165 2002 JOHN DEERE REEL MOWER 2653A 166 07/01/05 JOHN DEERE WORK VEHICLE GATOR 4X2 167 2007 JOHN DEERE INFIELD GROOMER TC1200 168 2009 TORO MULTIPRO SPRAYER 1250 170 2/27/2008 2008 STIHL HEDGETRIMER 30" HS86T-30 171 2/27/2008 ECHO WEEDEATER SRM 260 172 2/28/2008 ECHO BLOWER PB620 173 2/28/2008 ECHO BLOWER PB620 174 4/14/2008 ECHO BLOWER PB620 175 4/14/2008 ECHO BLOWER PB620 176 4/14/2008 ECHO EDGER PE265 177 4/14/2008 ECHO WEEDEATER SRM265 178 4/14/2008 ECHO WEEDEATER SRM265 179 6/11/2008 GRAYCO FIELD PAINT STRIPER FIELD LAZER 180 7/21/2008 STIHL WEEDEATER FS11OR 181 7/21/2008 STIHL WEEDEATER FS100RX 182 7/21/2008 STIHL WEEDEATER FS100RX 183 9/11/2008 TORO REELMASTER REEL MOWER 55100 184 9/18/2008 TORO MULTIPRO SPRAYER 1250 185 7/11/2008 BOBCAT SKID STEER LOADER T320 186 11/20/2008 AGATEC CONE LASER CL185 197 12/30/2009 TY-CROP FERTILIZER SPREADER MH-400SH 188 4/30/2009 KORO TOP MAKER (GBK) BGC200 189 11/01/10 2011 DODGE PICKUP TRUCK 3500 190 4/10/2010 TORO REELMASTER REEL MOWER 5510D 191 12/30/2010 John Deere GRADING Tractor 6430 192 4/11/2011 ECHO BLOWER PB620ST 193 10/29/2010 Alumne Trailer 935-14K 194 11/12/2010 Echo Blower BG86 195 1/31/2011 Alumne Trailer 935-14K 196 9/15/2011 Alumne Trailer 935-12K 197 6/3/2011 Echo Weedeater SRM265 198 1/23/2012 Echo Blower PB755ST 199 3/25/2012 Echo Edger PE 266 200 04/01/08 JAVELIN LASER 745V-1601 201 9/27/2010 TORO REELMASTER REEL MOWER 5S10D 202 2006 RYAN CUSHMAN AERIFIER L28 203 2008 RYAN CUSHMAN AERIFIER L28 204 2005 BUSH HOG PULVERIZER PVS720 205 2009 BUSH HOG PULVERIZER PVS720 206 2007 SPRIG PLANTER - STO #1 STO-72 207 2007 SPRIG PLANTER - STO #2 STO-72 208 2009 MALLETTI ROTOTILLER LMC 209 2003 TY CROP SAND TOPDRESSER MH -400 210 2010 WHITE LINE CHALK LINER # 1 HEAVY HITTER 211 2010 WHITE LINE CHALK LINER # 2 HEAVY HITTER 212 2009 TORO PROCORE CORE AERIFIER 648 213 2010 VORTEX FERTILIZER SPREADER SPC 214 2008 VICON FERTILIZER SPREADER PS403 215 2006 TY CROP QUICKPASS FERTILIZER SPREADER QUICKPASS 270 216 2011 TANAKA WALK BEHIND EDGER TLE600 217 2010 TAYLOR WAY DUMP TRAILER 40008T 218 2009 LESCO FERTILIZER SPREADER 101186 219 2012 Tanaka TLE 600 Edger 220 2012 Echo Hedger Clipper HC 245 572412014294 221 2012 Echo Grass Trimmer/Brush Cutter SRM 266T T42512011724 222 2012 JD GATOR 4X2SJ 1M04X2SJLCM71624 223 2012 DIXIE CHOOPER MOWER 1.011393 224 2012 EX MARK MOWER 312628515 225 2012 TORO 5510D MOWER 313000110 226 2012 TORO 5510D MOWER 313000115 DRUG FREE WORKPLACE TIFF Pompey Pads Three (3) Baseball fields Maintenance Anamal Contract RE 15WI "10 If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid/proposal certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIOS: Preference shall be given to businesses with drug-free workplace programs_ Whenever two or more bids which are equal with respect to price, quality, and service are received by the State of by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1) This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of chapter 893 or of any controlled substance lava of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6) This firm will continue to make a good faith effort to maintain a drug-free workplace through implementation of this section. Contractor's Name Sports Turf One. Inc. ignaiura Bid Into. 2013-16 Landscape Maintenance—Paiapey Park Three (3) Baseball Fields WORK REFERENCES Bid 2013-16 Potr ipey Park Three (3) Baseball Fields Maintenance Annual Contract RE -ISSUED *(Tease complete this page or attach your reference page to this sheet. ..-AgencylCompany Lynn University Address 3601 North Military Trail City, state, Zip Boca Raton FL 33431 Contact Person Randy Kelman Telephone 561-237-7703 Date(s) of Service 08/01/2006 -Current Type of service Athletic Field Maintenance Comments: 15earxest/Hilltopper Stadium AgencylCompany Cityf Lake Worth Address 7 North Dixie Highway City, State, zip Lake Worth FL 33460 Contact Person Martin C bulski Telephone 561-586-1677 --Date(s) of Service 1 1/30/2009 -Current Type of Service Athletic Field Maintenance Comments: 15earxest/Hilltopper Stadium Agency/Company City of Delray Beach Address 100 NW 1 st Avenue City, state, zip Delray Beach FL 33444 Contact Person Tim Simmons Tele hone 561-243-7258 Dates) of service 10/2011 -Current Type of Service Athletic Field Maintenance Comments: 15earxest/Hilltopper Stadium Contractors Name: Sports Turf One, Inc. Bid No. 2013-16 Landscape Maintenance. —Pompey Park Three (3) Baseball Fields _.....__._ ...._..._.._....._.............._._...._.._............._..,......_.._._..... _............ _...... ._...._...._........ _............... ......,.._.........__.._.._........... .._.._......_,......................._..._.._ BASEBALL ATHLETIC FIELD REFERENCES Project dame: Tampa Bay Rays/charlotte Sports Parr Description of Work: Baseball Field Construction Al esto_ation Location: Port Charlotte, Florida Ov ner: Tampa Bay Rays General Contractor: Hunt Construction Group, Inc. Contract Amount: $1,500.000 year: 2008 Contact: Chris Bauer 941-629-1428 Email Address: ebarzrr✓hlinteonstructiongrou-.com Project Name: Charlotte County High School Description, of Wor1c: Baseball Foot all, & Soccer Fields ,,.onst�-ucri o.'. % i1.esto-ratlon/ 1L(`# i-nterta ice Location: Charlotte County, F lor•:dxa Owner: Charlotte County School Board General Contractor: A;av Building Corporation Contracted .Amount: $1,400,000 year: 2008 & 2009 Contact: Daniel Drier 941-915-4346 Email Address: ddreier@-,ajaxb,Uffldin-.com Prolcct Name: Baltimore Orioles Description of Work: Baseball Field Renovation Location: Sarasota, FL Owner: Balbm.ore Orioles General Contractor: Sports Turf One, Inc. Contract mount: 554.000 Year: jar!1€ary 2010 Contact: Don Kaib 954-775-1921 E -t 3030 9819 State Road 7 Boynton Beach, FL 33472 Office: 561-369-7994 Fax. 561-364-1118 ..,�,"s.ti�y4;.�$ fr�n, ;mr,;. t„cr-C '-" �: `�'"- .�� •!,-r. 7 ~'1 -�j 06%,06 .v i�E. vF=••._.:.�* �s�`ri� ie :°�.,:-.�.�-,,,, �.:.-.,a .� '�.`"3k� ^ :x... �'. Project Name: Conrad Par', Description of Work: Baseball Field Renovation Location: Deland, FL Owner: City of Deland General Contractor: Sports Turf One, Inc. Contract A-ino-i nt: $64.200 Year: 2010 Contact: Rick Hall J86-740-5706 Project Name: Boulevard Heights Com nnunity Center Description of `work: Holl,,kvood'West Sports Park Descriptio`_ of Work: Baseball Feld Constr*uetio?x Location: Hollywood, FL OlAmer: CltY of Holli wood General Contractor: Kaufman L�S�r� Inc. General Contractors Contrast Amount: $145,000 Year: September 2008 Contact: Mr. To=n Koiser — 56 1-306 1 -6700 Project Name-, Rotary Park Description of `work: Baseball Field C onstraction Location: Hollywood, Ff • Ovv ner: CCit V of Hollywoodood rchite lEng Meer: Harvard JViiv General Contractor: Kaufrnan i.ynn. Contrae, ors Contract Am aunt: $550,000 Year: December 2008 Contact: Mr. Ber. Bafifer— 5061-36I-6700 98019 State Road 7 Boynton Beach, l=L 33472 Office. 561-369-7994 Pay.: 561 3-64-11180 aL.RVCX` Ave Maria university PC J'"x ��•-^�--Y�v _�,....� Cv .�:'::: =:.`:i�:�: r,`�-„ _,:..a._iW_a :u;c_ .azaza.� nse..='•- Location.. Nap.es, Florida Owner. Ave Maria University r Project Name: Roger Dear, Stadium/Florida Marlins/St. Louis Cor:tract Amount: Cardinals Description of Mork: Baseball Field Construction/Restoratior, Location: Jupiter, Florida General Contractor: Sports T urf one, Inc_ Contracted Price: $160,000 Year: 2408 Contact :frame: Marshall Jennings 561-634-1854 Email Address: m. jennmgsnbellsouth.neL Project arise: Floyd Hall "Park Description of Vrork: Baseball Field Reno Yanon Location: Fort Lauderdale. FL Owner: City of Fort Lauderdale rchitect E gineer: Sports Turf One, lnc. General Contractor: Crowder Golf Construction Conrract Amount: $394.000 Fear: 2006 Contact Name: M-r. Jack Bowland 954-448-8327 Project iIame: Ave Maria university Description of Work: Softball. & Soccer Fields. Construction Location.. Nap.es, Florida Owner. Ave Maria University r General Contractor: Sooris Turf One, Inc. Cor:tract Amount: $107,000 Year: %006 Contact Natne: Tho=mas Nlir=ick 239-280-2523 Email Address: thomas.rninick Q ave:,naria,.edu 9819 State load 7 Boynton Beach, FL 33472 Office: 561-369-7994 Fax: 561-364-1118 fp. �`y''t i`µ1 v''"'.:U .:'�:`� ..-.. __w ,.....�_._�.�.� ..•_ _.�'�.`Z;�•;`.:.�.�.~';;v `' L.:.:L. �i:i:...,x'S`.'• �...i:�,:'�:��._.�..... -t �'- .•r�; _ ._. _. �:�..�~.'iii t,•.\„ �'1.T�?: _ Project blame: Tradition Field/Ni ew York Mets - Description of Work: Baseball Field Construction./Restoration Location: Fort St- Lucie, Florida General Contractor: Sports Turf One, Inc. Contract Anzount: $250,000 Year: 2006 Contact Name: Thomas Bowes I-5479 Email Address: boA,est@s,Liuc-i%-,co.org 9819 State Road 7 Boynton Beach, FL 33472 Office: 551-.369-7994 Fax: 561-364-1111 8 P.Q. Box 3353, West Palm Beach, FL 33402-3353 —LOCATED AT'- M.4STITUT1t7XAL T21.x. COLLECTOR. 5anitig.'aPrBra3+�f{ www.taxceilectorpbc.comTel: (561)355-2272 :. 9$70 SUNPOINTE DRIVE BOYNTON BEACH, FL 33437 TYPE OF BUSINESS OWNER 56-0030 LAWN MAINTENANCE HAVERLAND BURDELL A his document is valid only when receipted by the Tax Collector's Office - S2 -127 SPORTS TURF ONE INC SPORTS TURF ONE INC PO BOX 740056 BOYNTON BEACH, FL 33474-0056 ��II�►�Il��l��ll��zlsl��lil��ll��l�l��ll�� CERTIFICATION # RECEIPT WDATE PAID AMT PAID BILL # B12.618013-08131112 $33.00 J B40006348 STATE OF FLORIDA PALM BEACH COUNTY 2012/2013 LOCAL BUSINESS TAX RECEIPT LBTR Number: 200010958 EXPIRES: SEPTEMBER 30. 2013 This receipt does not constitute a -franchise, agreement, permission of authority to perform the services or operate the business described herein when a franchise, agreement or other county commission, state or federal,. permission of authority is required by county, state of federal law. IL V66 AFT 109 DEEPRELD 28.2019 ad W* � �Flariba 38epartlllettt of g(grituiturt anb Cansumer der ite Pesticide Certification Office Commercial AppLtcator License License # CM7436 POWEL; PETERC 3347 PER METER DX Categories GREE ACRES, EL 33467. 3 Issued: 26012 Ez ues. p. September 30, 20I6 Signahcre of Licensee ��•u• •+(�'�f` ��""j I7 a at a,r in�siiduat is liecosrd undertFADAM H. PUTNAm. COMMISSIONER Ds�cidc. P z ons oftktyter 487, F.S, b ➢wchasc andappy,ewiead i MEMORANDUM TO: Mayor and City Commissioners FROM: David T. Harden, City Manager DATE: December 3, 2012 SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 ORDINANCE NO. 41-12 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION Consider a privately -initiated rezoning request from Planned Office Center (POC) to Special Activities District (SAD) for Delray Place, located at the southeast corner of Linton Boulevard and South Federal Highway. (Quasi -Judicial Hearing) (THE APPLICANT HAS REQUESTED THIS ITEM BE POSTPONED TO THE JANUARY 3, 2012 REGULAR MEETING) MICHAEL S. WEINER JEFFREY C. LYNNE LAURIE A. THOMPSON JUSTIN M. CLAUD November 8, 2012 VIA EMAIL Mr. Ron Hoggard Principal Planner City of Delray Beach 100 N.W. 1 st Avenue Delray Beach, Florida 33444 Re: Delray Place Our File No.: CAR0003 Dear Ron: LAW O1ggCES VNEINER, LYNNE & THOMPSON, P.A. PROFESSIONAL ASSOCIATION 10 SE 1' AvENUE, SUITE C DELRAY BEACH, bl oRIDA 33444 TELEPHONE (561) 265 - 2666 FACSB II.E (561) 292 - 6831 f LYNNEQZONEI.A'W.COM wW W.ZONELAW.COM NOV2012 CITE` CLERK Based upon our mutual discussion, please accept this. letter as our formal request to reschedule the remaining public hearings on the Delray Place project to the following time certain meetings. As we discussed, this will afford both the City, the Developer, and the neighbor's newly -hired attorney additional time to review and address the comments from the City Commission and resubmit for the City's review. Based upon our conversation, our client appreciates your offer to reschedule from our prior date certain hearings to these new dates: �� __ �: :_ ---, _PRAB: t§hdul�edom"lciovember^28; 201'2�o DecemTer �; ZOI2;_andT ➢ City Commission: rescheduled from December 11, 2012 to January 3, 2013. Based upon existing business arrangements, we must be reasonably certain that the City will hold these hearings on. these rescheduled dates. If you have any questions, concerns, or doubts, please contact us immediately to discuss further, Otherwise, we very much appreciate your rescheduling these matters on the dates above -referenced and assume the City will handle all notice requirements, If you could, please confirm for us via e-mail that these are the dates on which the remaining two hearings will be rescheduled. incerely, Y .'YNNE CL. cc: Mr. Paul Dorling, Director of Planning and Zoning (via hand -delivery) Brian Shutt, Esquire, City Attorney (via hand -delivery) Ms. Chevelle Nubin, City Clerk (via hand -delivery) Ms. Jasmin Allen,. Planner (via hand -delivery) Ron Kolins, Esq. (via e-mail) Kelli Freeman; President, Tropic Isle Civic Association (via e-mail) 0:%CAR00031Letter to Ron Hoggard re Rescheduling Dates.doex MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 RESOLUTION NO. 58-12/ CONTRACT FOR SALE AND PURCHASE/ 1040 HOMEWOOD BOULEVARD #L201 ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 1040 Homewood Blvd, #L-201, Delray Beach, FL 33445 to Sebastian Bellotti for the purchase price of Forty Five Thousand Eight Hundred Dollars and 00/100 cents ($45,800.00) or appraised value. BACKGROUND The City of Delray Beach has received$1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one -hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Sebastian Bellotti for the purchase price of Forty Eight Thousand Dollars and 00/100 cents ($45,800.00) or appraised value: CONDOMINIUM APARTMENT NO L-201, OF PALM VILLAS CONDOMINIUM APARTMENTS INC. ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORD BOOK 3058, PAGE 1774, AND AS AMENDED OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. RECOMMENDATION Staff recommends City Commission approve the sale of NSP property located at 1040 Homewood Blvd, #L-201, Delray Beach, FL 33445 to Sebastian Bellotti for the purchase price of Forty Five Thousand Eight Hundred Dollars and 00/100 cents ($45,800.00) or appraised value. RESOLUTION NO. 58-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 1040 Homewood Blvd. #L201; 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 to be used for single family homeownership. 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 Sebastian Bellotti, as Buyer, for the purchase price of the lesser of Forty Five Thousand Eight Hundred Dollars and 00/100 cents ($45,800.00) or appraised value, said property being described as follows: CONDOMINIUM APARTMENT NO L-201, OF PALM VILLAS CONDOMINIUM APARTMENTS INC. ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORD BOOK 3058, PAGE 1774, AND AS AMENDED OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA 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 , 2012. ATTEST: City Clerk MAYOR Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N.W. 1St Avenue, Delray Beach, Florida 33444 and Sebastian Bellotti, ("Buyer"), of 289 Seville M, Delray Beach, FL 33446, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard (s)"), attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract")- I. DESCRIPTION: (a) CONDOMINIUM APARTMENT NO L-201, OF PALM VILLAS CONDOMINIUM APARTMENTS INC. ACCORDING TO THE DECLARATION OF CONDOMINIUM THEREOF, AS RECORDED IN OFFICIAL RECORD BOOK 3058, PAGE 1774, AND AS AMENDED OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA- PCN: LORIDA_ PCN: 12-43-46-19-27-012-2010 (b) Address: 1040 Homewood Blvd., #L201„ Delray Beach, FL 33445 11. PURCHASE PRICE ..................... . .. . . ... . . .. US $45,800 III. 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 on or before January 15, 2012, the 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. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment_ V_ CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (60) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed 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 1/2 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. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract_ X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, 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 or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here ✓ CITY OF DELRAY BEACH, FLORIDA Sebastian Bellotti By: By: Nelson S. McDuffie, Mayor Date Pr,- Name- ' c� e.' Date ATTEST: ATTEST: City Clerk Approved as to Form: City Attorney N ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Sebastian Bellotti PROPERTY ADDRESS: 1040 Homewood Blvd_, #L201, Delray Beach, FL 33445 XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. if the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non -foreign status in the manner provided in Treasury Regulations Section 1.1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445. If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the 3 number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: S• I�D- 0 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title 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. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which. is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens: Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the 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. 5 H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations; credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current year's assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F.S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as LV court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seller of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; 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. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: 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. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Lula Butler, Director, Community Improvement THROUGH: David Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 RESOLUTION NO. 61-12/ CONTRACT FOR SALE AND PURCHASE/ 135 S.W. 6TH AVENUE ITEM BEFORE COMMISSION Staff requests City Commission approval to sell Neighborhood Stabilization Program property located at 135 SW 6th Avenue, Delray Beach, FL 33444 to Vena Poussin & Jean Francois Alies for the purchase price of One Hundred Six Thousand Nine Hundred Fifty Dollars and 00/100 cents ($106,950 or appraised value). BACKGROUND The City of Delray Beach has received$1,905,005 under the Neighborhood Stabilization Program (NSP) award through the Florida Department of Community Affairs by the U. S. Department of Housing (HUD) and $400,000 from the Delray Beach Community Redevelopment Agency (CRA) as a result of the Housing and Economic Recovery Act of 2008 (H.R. 3221). The NSP funding is for the purpose of purchasing foreclosed or abandoned homes for rehabilitation, resale, or redevelopment in order to stabilize neighborhoods and stem the decline of home values. NSP funds are to benefit Low, Moderate and Middle Income Households (LMMI). LMMI households are defined as those with incomes less than one -hundred twenty percent (120%) of Area Median Income (AMI) as determined by HUD. The City of Delray Beach desires to sell the subject property to Vena Poussin & Jean Francois Alies for the purchase price of One Hundred Six Thousand- Nine Hundred Fifty Dollars and 00/100 cents ($106,950 or appraised value) said property being described as follows: TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 1/2 OF BLK 22. RECOMMENDATION Staff recommends City Commission approval to sell NSP property located at 135 SW 6th Avenue, Delray Beach, FL 33444 to Vena Poussin & Jean Francois Alies for the purchase price of One Hundred Six Thousand Nine Hundred Fifty Dollars and 00/100 cents ($106,950 or appraised value). RESOLUTION NO. 61-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY TO SELL REAL PROPERTY IN PALM BEACH COUNTY, FLORIDA, AS DESCRIBED HEREIN, HEREBY INCORPORATING AND ACCEPTING THE CONTRACT STATING THE TERMS AND CONDITIONS FOR THE SALE AND PURCHASE BETWEEN THE BUYER AND THE CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the City of Delray Beach, Florida, wishes to sell property located at 1040 Homewood Blvd. #L201; 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 to be used for single family homeownership. 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 Vena Poussin & Jean Francois Alies, as Buyer, for the purchase price of the lesser of One Hundred Six Thousand- Nine Hundred Fifty Dollars and 00/100 cents ($106,950) or appraised value, said property being described as follows: TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 1/2 OF BLK 22 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 , 2012. ATTEST: City Clerk MAYOR SECOND ADDENDUM TO CONTRACT FOR SALE AND PURCHASE Buyer: Vena Poussin & Jean Francois Alies Seller: The City of Delray Beach Property: TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 112 OF BLK 22 The Parties further agree as follows: 1. Disclosures: A. Mold: Mold is naturally occurring and may cause health risks or damage to Property. If Buyer us concerned or desires additional information regarding mold, Buyer should contact an appropriate professional. B. Lead Warning Statement: Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection f or possible lead based hazards is recommended prior to purchase. Seller's Disclosure (Initial) (a) Presence of lead-based one below): Known lead-based paint the housing unit (explain) paint and/or lead-based paint hazards (check and/or lead-based paint hazards are present in X Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing unit. (b) Records and reports available to the Seller (check below): Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing unit (list documents) X Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing unit. Purchaser's Acknowledgment (Initial) (c) Purchaser has received copies of all information above. Page 1 of 3 X (d) Purchaser has received the pamphlet Protect Your Family from Lead in your Home (e) Purchaser has (check one below): Received a 10 -day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or Waived the opportunity to conduct risk assessment or inspection for the presence of lead-based paint hazards. Agent's Acknowledgment (Initial) (f) Agent has informed Seller of the Seller's obligations under 42 U.S.C.4852 (d) and is unaware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and correct. PROPERTY TAX DISCLOSURE SUMMARY: BUYER SHOULD NOT RELY ON THE SELLER'S CURRENT PROPERTY TAXES S THE AMOUNT OF PROPERTY TAXES THAT THE BUYER MAY BE OBLIGATED TO PAY IN THE YEAR SUBSEQUENT TO PURCHASE. A CHANGE OF OWNERSHIP OR PROPERTY IMPROVEMENTS TRIGGERS THE ASSESSMENT OF THE PROPERTY THAT COULD RESULT IN HIGHER PROPERTY TAXES. IF YOU HAVE NAY QUESTIONS CONCERNING VALUATION, CONTACT THE COUNTY PROPERTY APPRAISER'S OFFICE FOR INFORMATION. 2. With respect to Standard (A), if title is found defective, Seller may, but shall have no obligation, to render title marketable. In the event Seller does not render title marketable within thirty (30) days after the date of Buyer's notice to Seller advising the Seller of the defects in title, Buyer shall have the option of either cancelling this Contract and receiving a refund of the deposits paid, or to accept title as is and close. 3. Seller has agreed to convey the Property to Buyer under the assumption that there are no liens, encumbrances, mortgages, assessments or other evidences of debt (hereinafter collectively referred to as "liens and encumbrances") which must be paid by Seller at closing. In the event Buyer determines that there are liens and encumbrances, Seller shall have the option of paying off the liens and encumbrances at closing, failing which, Buyer may pay the liens or encumbrances, Buyer may cancel this Contract and receive a refund of its deposit, or Buyer may accept title as is subject to the liens and encumbrances and close. 4. With respect to Standard (L), if the Property is damaged by fire or other casualty before closing, Seller may elect to restore the Property, failing which, Buyer shall accept the physical condition of the Property as is or Buyer may cancel this Contract and receive a refund of its deposit. 5. Standard (N) is hereby deleted and the following is stated in its place: "If Buyer fails to perform the Contract within the time specified, Seller may cancel this Contract and be relieved of all obligations under the Contract or Seller may seek specific performance. If Page 2 of 3 Seller fails to perform this Contract within the time specified, Buyer may elect to cancel this Contract and receive a return of Buyer's deposit, or Buyer may seek specific performance". 6. With respect to Paragraph (V) of the Contract, the transaction shall be closed and the deed and other closing documents delivered on or before thirty (30) days after Buyer has determined the Property condition is satisfactory to Buyer pursuant to Paragraph (XI) (B) of the Contract. 7. Buyer accepts Property AS IS in its present physical condition, subject to any violations of governmental, building, environmental and safety codes, restrictions or requirements and shall be responsible for any and all repairs and improvements required. Seller makes no representation or warranty relating to the physical condition of or title to the Property. 8. Standard (R) of the Contract is hereby deleted. 9. The terms and conditions of this Second Addendum control over any conflicting terms and conditions contained in the Contract or any the other Addendum to the Contract. Name of Purchaser BY - (_/ Y: j ,fig r• ( _/ f7�/S ccs 7f �4i s 7 _� sem. Date: City of Delray Beach, Seller BY: Date: Page 3 of 3 Exhibit A CONTRACT FOR SALE AND PURCHASE PARTIES: CITY OF DELRAY BEACH, a Florida municipal corporation, ("Seller"), of 100 N_W. 1St Avenue, Delray Beach, Florida 33444 and Vena Poussin & Jean Francois Allies ("Buyer"), of 1601 Ilene Court, Delray Beach, FL 33445, hereby agree that the Seller shall sell and Buyer shall buy the following described Real Property and Personal Property (collectively "Property") upon the following terms and conditions, which INCLUDE the Standards for Real Estate Transactions ("Standard(s)"), attached hereto and riders and any addenda to this Contract for Sale and Purchase ("Contract'): I. DESCRIPTION: (a) TOWN OF DELRAY S 50 FT OF N 150 FT OF W 135 FT OF S 1/2 OF BLK 22 PCN: 12-43-46-16-01-022-0220 (b) Address: 135 SW 6th Avenue, Delray Beach, FL 33444 11. PURCHASE PRICE ................................. US $106,950 III. 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 on or before January 15, 2012, the 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. IV. TITLE EVIDENCE: At least 7 days before closing date, Buyer shall obtain a title insurance commitment. V. CLOSING DATE: This transaction shall be closed and the deed and other closing papers delivered on or before sixty (90) days from the date of the execution of this agreement, unless extended by other provisions of this Contract. VI. RESTRICTIONS; EASEMENTS; LIMITATIONS: Buyer shall take title by Quit Claim Deed 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 '/2 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. OCCUPANCY: Seller warrants that there are no parties in occupancy other than Seller, but if Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Standard D. Seller agrees to deliver occupancy of Property at time of closing unless otherwise stated herein. If occupancy is to be delivered before closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in their existing condition as of time of taking occupancy unless otherwise stated herein or in a separate writing. VIII. TYPEWRITTEN OR HANDWRITTEN PROVISIONS: Typewritten or handwritten provisions shall control all printed provisions of Contract in conflict with them. IX. ASSIGNABILITY: Buyer may not assign Contract. X. DISCLOSURES: (a) Radon is a naturally occurring radioactive gas that, when accumulated in a building in sufficient quantities, 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 or Radon testing may be obtained from your County Public health unit. (b) Buyer may have determined the energy efficiency rating of the residential building, if any is located on the Real Property. XI. SPECIAL CLAUSES; ADDENDA: If additional terms are to be provided, they will be provided in the attached addenda. If there is an addenda, check here ✓ CITY OF DELRAY BEACH, FLORIDA Vena Poussin & Jean Francois Alies By: Nelson S. McDuffie, Mayor Date ATTEST: City Clerk Approved as to Form: City Attorney 2 By: Print Name: G „ t Date !Z 1LVj2_ By: Print Name: ATTEST: Date ADDENDUM TO CONTRACT FOR SALE AND PURCHASE SELLER: CITY OF DELRAY BEACH, FLORIDA BUYER: Vena Poussin & Jean Francois Alies PROPERTY ADDRESS: 135 SW 6th Avenue, Delray Beach, FL 33444, XI. SPECIAL CLAUSES; ADDENDA (Continued): A. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT ("FIRPTA"): The parties shall comply with the provisions of Internal Revenue Code Section 1445 and applicable Treasury Regulations issued thereunder. If the Seller is a U.S. person for Internal Revenue Code Section 1445 purposes, then on demand of the Buyer and prior to closing the Seller shall provide the Buyer with a certificate of non -foreign status in the manner provided in Treasury Regulations Section 1,1445-2. If the Seller provides the Buyer with such certificate, and if the Buyer is otherwise permitted to rely on such certificate under those Regulations, the Buyer shall not withhold under Internal Revenue Code Section 1445, If the Seller is a 'foreign person' as defined by the Internal Revenue Code, the Buyer generally is required to withhold 10% of the gross sales price from the Seller at closing and to pay the withheld amount over to the Internal Revenue Service (IRS) unless an applicable exemption from withholding or a limitation on the amount to be withheld is available. To the extent that the cash to be paid over to the Seller at closing is insufficient to cover the Buyer's withholding obligation, the Seller shall provide to the Buyer at closing cash equal to such excess for purposes of making such withholding payment. If the Seller's federal income tax on the gain is less than the applicable withholding amount, the Seller may make advance application to the IRS for reduced withholding and, if granted, the Buyer shall withhold only the authorized reduced amount. If such ruling has not been received by closing, the parties at closing shall enter into an escrow agreement reasonably satisfactory to the Buyer and Seller pending receipt of the ruling, provided that at closing the Seller shall have the obligation to provide to the escrow agent from the closing proceeds (or from the Seller's other resources if necessary) cash equal to the maximum required withholding, with any excess withholding being refundable to the Seller upon receipt of a favorable ruling from the IRS. Buyer and Seller understand that the IRS requires the Buyer and the Seller to have a U.S. federal taxpayer identification number and to supply that number on the foregoing forms. A foreign individual may acquire an International Taxpayer Identification Number for this purpose. Since it may take several weeks to receive the 3 number after application and the IRS will not process these forms without the actual number, a party lacking a TIN is advised to apply immediately. B. The Buyer shall have thirty (30) calendar days within which to conduct any and all feasibility studies and determinations relative to the suitability for the acquisition of the subject property by the Buyer and the Buyer reserves the express right to terminate this Contract at any time during said period for any reason or no reason, in Buyer's sole discretion, whereupon Buyer shall receive a full refund of all deposit monies paid hereunder. Buyer shall be granted reasonable access to the premises to conduct such feasibility studies and determinations, including environmental assays, core drilling, surveys, soil sampling and other such testing. C. This Contract is expressly contingent and conditioned upon the approval of the same by the City Commission of the City of Delray Beach. SELLERS' INITIALS: BUYER'S INITIALS: F41 STANDARDS FOR REAL ESTATE TRANSACTIONS A. Evidence of Title: A title insurance commitment issued by a Florida licensed title insurer agreeing to issue to Buyer, upon recording of the deed to Buyer, an owner's policy of title insurance in the amount of the purchase price, insuring Buyer's title to real property, subject only to liens, encumbrances, exceptions or qualification set forth in this agreement and those which shall be discharged by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this agreement and those which shall be discharged by Seller at or before closing. Marketable title shall be determined according to applicable title standards adopted by authority of The Florida Bar and in accordance with law. If title is found defective, Buyer shall notify Seller in writing specifying defect(s). If the defect(s) render title unmarket- able, Seller will have one hundred twenty (120) days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or demanding a refund of deposit(s) paid which shall immediately be returned to Buyer; thereupon Buyer and Seller shall release one another of all further obligations under the agreement. Seller will, if title is found unmarket- able, use diligent effort to correct defect(s) in title within the time provided therefor, including the bringing of necessary suits. B. Survey: Buyer, at Buyer's expense, within time allowed to deliver evidence of title 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. C. Ingress and Egress: Seller warrants and represents that there is ingress and egress to the real property sufficient for the intended use as described herein, title to which is in accordance with Standard A. D. Leases: If applicable, Seller shall, not less than fifteen (15) days before closing, furnish to Buyer copies of all written leases and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from each tenant, the same information shall be furnished by Seller to Buyer within that time period in the form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, deliver and assign all original leases to Buyer. E. Liens. Seller shall furnish to Buyer at time of closing an affidavit attesting to the absence, unless otherwise provided for herein, of any financing statements, claims of lien or potential lienors known to Seller and further attesting that there have been no improvements or repairs to property for ninety (90) days immediately preceding date of closing. If property has been improved, or repaired within that time, Seller shall deliver releases or waivers of mechanics' liens executed by all general contractors, subcontractors, suppliers, and materialmen in addition to Seller's lien affidavit setting forth the names of all such general contractors, subcontractors, suppliers and materialmen and further affirming that all charges for improvements or repairs which could serve as a basis for a mechanic's line or a claim for damages have been paid or will be paid at closing. F. Place of Closing: Closing shall be held in the county where real property is located, at the office of the 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. 5 H. Documents for Closing: Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgagee estoppel letters, and corrective instruments. Buyer shall furnish closing statement, mortgage, mortgage note, security agreement, and financial statements. I. Expenses: Documentary stamps on the warranty deed and recording corrective instruments and the warranty deed shall be paid by Buyer. J. Prorations: credits: Taxes, assessments, rent, interest, insurance and other expenses and revenue of property shall be prorated through day before closing. Buyer shall have the option to taking over any existing policies of insurance, if assumable, in which event premiums shall be prorated. Cash at closing shall be increased or decreased as may be required by prorations. Prorations will be made through day prior to occupancy if occupancy occurs before closing. Advance rent and security deposits will be credited to Buyer and escrow deposits held by mortgagee will be credited to Seller. Taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and other exemptions. If closing occurs at a date when the current year's millage is not fixed, and current years assessments is available, taxes will be prorated based upon such assessment and the prior year's millage. If current year's assessment is not available, then taxes will be prorated on the prior year's tax. If there are completed improvements on real property by January 1st of year of closing which improvements were not in existence on January 1st of the prior year then taxes shall be prorated based upon the prior year's millage and at an equitable assessment to be agreed upon between the parties, failing which, request will be made to the County Property Appraiser for an informal assessment taking into consideration available exemptions. Any tax proration based on an estimate may, at request of either Buyer or Seller, be subsequently readjusted upon receipt of tax bill on condition that a statement to that effect is in the closing statement. K. Special Assessment Liens: Certified, confirmed and ratified special assessment liens as of date of closing (and not as of Effective Date) are to be paid by Seller. Pending liens as of date of closing shall be assumed by Buyer. If the improvement has been substantially completed as of Effective Date, such pending lien shall be considered as certified, confirmed or ratified and Seller shall, at closing, be charged an amount equal to the last estimate of assessment for the improvement by the public body. L. Risk of Loss: If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed the purchase price of the property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the term so the agreement with restoration costs escrowed at closing. If the cost of the restoration exceeds three percent (3%) of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking property as is, together with either the three percent (3%) or any insurance proceeds payable by virtue of such loss or damage, or of canceling the agreement and receiving return of deposit(s). M. Escrow: Any escrow agent ("Agent") receiving funds or equivalent is authorized and agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with terms and conditions of agreement. Failure of clearance of funds shall not excuse Buyer's performance. If in doubt as to Agent's duties or liabilities under the provisions of agreement, Agent may, at Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or Agent may deposit with the clerk of the circuit court having jurisdiction of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Agent shall fully terminate, except to the extent of accounting for any items previously delivered out of escrow. If a licensed real estate broker, Agent will comply with provisions of Chapter 475, F. S. (1987), as amended. Any suit between Buyer and Seller where Agent is made a party because of acting as Agent hereunder, or in any suit wherein Agent interpleads the subject matter of the escrow, Agent shall recover reasonable attorney's fees and costs incurred with the fees and costs to be charged and assessed as 6 court costs in favor of the prevailing party. Parties agree that Agent shall not be liable to any party or person for misdelivery to Buyer or Seiler of items subject to this escrow, unless such misdelivery is due to willful breach of contract or gross negligence of Agent. N. Failure of Performance: If Buyer fails to perform this Contract within the time specified Seller shall be relieved of all obligations under Contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this Contract, the Buyer may seek specific performance or elect to receive the return of Buyer's deposit(s) without thereby waiving any action for damages resulting from Seller's breach. O. Agreement Not Recordable; 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. P. Conveyance: Seller shall convey the property by way of Quit Claim Deed subject to an easement for any utilities that may exist and lie on the property. Q. Other Agreements: 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. R. Warranties: Seller warrants that there are no facts known to Seller materially affecting the value of the real property which are not readily observable by Buyer or which have not been disclosed to Buyer. 7 MEMORANDUM TO: Mayor and City Commissioners FROM: Vincent Nolan, CEcD, Economic Development Director THROUGH: David T. Harden, City Manager DATE: December 5, 2012 SUBJECT: AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 ORDINANCE NO. 44-12 ITEM BEFORE COMMISSION Consideration of Ordinance 44-12 which would place on the March ballot a question whether to authorize the City Commission to grant property tax exemptions to new or expanding businesses.. BACKGROUND Several weeks ago, Vice -Mayor Carney called attention to an ordinance recently passed by the City of Palm Beach Gardens. That ordinance afforded their City Commission the ability to grant property tax exemptions to companies wishing to relocate to their community, or to existing companies committed to expanding their facilities in Palm Beach Gardens. Staff began researching the necessary steps to enacting a similar ordinance here in Delray Beach. Initial investigation established the fact that such tax exemptions are authorized by State Statute and, like other property tax exemptions, they require approval of the voters to grant the use of such exemptions locally. The authority to grant exemptions expires 10 years after the date such authority is approved in an election, but such authority may be renewed for subsequent 10 -year periods if each 10 -year renewal is approved in a referendum called for that purpose. The voters of Palm Beach County just reauthorized such exemptions to be used by the County during the November 2012 elections. At the most recent stakeholders meeting of the Palm Beach County Business Development Board, BDB Chief Executive Officer Kelly Smallridge encouraged all communities in Palm Beach County to consider adding this tool to their economic development tool box, in addition to other local cash incentives which they may have already enacted. As with the incentives we have already adopted, property tax exemptions are not an "as of right" benefit but must be individually approved by the City Commission for each company requesting such an exemption. The referendum is a ten year authorization, granting the power to the City Commission to use exemptions as an economic development tool. The Commission would then consider each company request on a case by case basis. In considering any application for an exemption under this ordinance, the City would take into account the following: (a) The total number of net new jobs to be created by the applicant; (b) The average wage of the new jobs; (c) The capital investment to be made by the applicant; (d) The type of business or operation and whether it qualifies as a targeted industry as may be identified from time to time by the City Commission; (e) The environmental impact of the proposed business or operation; (f) The extent to which the applicant intends to source its supplies and materials within the City; (g) Any other economic -related characteristics or criteria deemed necessary by the City Commission; (h) The total amount of revenue available to the City from ad valorem tax sources for the current fiscal year, the total amount of revenue lost to the City for the current fiscal year by virtue of economic development ad valorem tax exemptions currently in effect, and the estimated revenue loss to the City for the current fiscal year attributable to the exemption of the applicant business; (i) The period of time for which the exemption will remain in effect and the expiration date of the exemption, which may be any period of time up to 10 years; and 0) A finding that the business meets the requirements of Florida Statutes 196.012(15) or (16). Upon approval of an application for a tax exemption under this ordinance, the City Commission and the applicant may enter into a written tax exemption agreement, which may include performance criteria and must be consistent with the requirements of the Statutes or other applicable laws. The agreement must require the applicant to report at a specific times before the expiration of the exemption the actual number of new, full-time jobs created and their actual average wage. The agreement may provide the City Commission with authority to revoke, in whole or in part, the exemption if the applicant fails to meet the expectations and representations made in the application. Enacting such an ordinance in Delray Beach will give the City one more tool to use in recruiting and retaining businesses. This tool is particularly effective when the business in question is acquiring real property or expanding its physical plant. It may be used independently or in concert with other incentives offered by the City through The Delray Beach Economic Development Fund. By taking action now, the City of Delray Beach will have the opportunity to move this forward on the March 12, 2013 ballot. This will place Delray Beach among the leading communities in Palm Beach County to employ the most aggressive economic development programs for recruitment and retention of business and the creation of jobs for its residents. RECOMMENDATION Recommend approval of Ordinance No. 44-12 on First Reading. ORDINANCE NO. 44-12 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTION 196.1995, FLORIDA STATUES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 12, 2013, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY COMMISSION BE AUTHORIZED TO GRANT PROPERTY TAX EXEMPTION TO CERTAIN QUALIFIED BUSINESSES PURSUANT TO SEC. 3, ARTICLE VII OF THE STATE CONSTITUTION; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.. WHEREAS, the City Commission of the City of Delray Beach has determined that a recognized function of the City is to promote economic development within its jurisdiction by providing financial incentives that will encourage new businesses to relocate within its jurisdiction and existing businesses to expand creating employment opportunities that will benefit the entire community; and WHEREAS, the current economic climate has resulted in a high unemployment rate, which impacts the quality of life for City citizens and the sustainability of local businesses; and WHEREAS, the City Commission desires to offer an Economic Development Ad Valorem (property tax) Tax Exemption for new businesses relocating to the City of Delray Beach and to businesses already located in the City that are expanding in order to foster economic growth and increase employment as allowed by state law; and WHEREAS, the City Commission believes and desires that this issue be submitted for referendum of the City residents in order to determine if the City Commission should be authorized to grant economic ad valorem tax exemptions under Section 3, Article VII of the State Constitution. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the recitations are set forth above are incorporated herein. Section 2. The referendum question proposed by this Ordinance shall be submitted to the electors of the City of Delray Beach, Florida at the general election to be held on the 12th day of March, 2013, and shall be deemed adopted effective at 12:01 a.m. March 13, 2013, upon receiving an affirmative vote of a majority of the electors voting at the time upon the following question: CITY OF DELRAY BEACH REFERENDUM PROPOSITION NO. 2 AUTHORIZATION TO GRANT ECONOMIC PROPERTY TAX EXEMPTIONS IN ACCORDANCE WITH THE STATE CONSTITUTION SHALL THE CITY COMMISSION BE AUTHORIZED TO GRANT, PURSUANT TO S. 3, ART. VII OF THE STATE CONSTITUTION, PROPERTY TAX EXEMPTIONS TO NEW BUSINESSES AND EXPANSIONS OF EXISTING BUSINESSES THAT ARE EXPECTED TO CREATE NEW, FULL-TIME JOBS IN THE CITY OF DELRAY BEACH? YES — For the authority to grant exemptions NO — Against authority to grant exemptions Section 3. The City Clerk The City Clerk shall cause a notice of this election called for the purpose of presenting the subject Charter revision to a vote of the electorate to be published in accordance with the provisions of Section 100.342, Florida Statutes, at least twice; once in the fifth week and once in the third week prior to the week in which the referendum is to be held; provided that the first publication shall take place at least thirty (30) days before the date fixed for the referendum and shall be published in newspaper of general circulation within the City. Section 4. The City Clerk shall cause a notice of election to be published in accordance with the City's charter and ordinance requirements. Section 5. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. Section 6. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 7. This Ordinance shall become effective immediately upon adoption. The City Commission's authority to grant, at its direction, property tax exemptions as set forth in Section 2 hereinabove shall become effective as of 12:01 a.m. on March 13, 2013, if the question to be voted upon provided hereinabove receives an affirmative vote of the majority of the votes cast at the election held on March 12, 2013. PASSED AND ADOPTED in regular session on second and final reading on this the day of .2013. ATTEST City Clerk MAYOR 2 ORD NO. 44-12 First Reading Second Reading ORD NO. 44-12