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01-03-13 Regular Meeting
Regular Commission Meeting RULES FOR PUBLIC PARTICIPATION Thursday, January 3, 2013 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. Generally, remarks by an individual will limit discussion rests with the Commission. 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, The City will furnish auxiliary aids and services to afford an individual with a FL 33444 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 Phone: (561) hours prior to the event in order for the City to accommondate your request. 243-7000 Adaptive listening devices are available for meetings in the Commission Fax: (561) Chambers. 243-3774 REGULAR MEETING AGENDA ROLL CALL 1. INVOCATION 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. A.NONE AGENDA APPROVAL 4. APPROVAL OF MINUTES: 5. November 13, 2012 -Special/Workshop Meeting A. December 4, 2012 -Regular Meeting B. December 7, 2012 -Special Meeting C. PROCLAMATIONS: 6. Martin Luther King, Jr. Day January 21, 2013 A. Calling for the First Non-Partisan Election to be held on March 12, 2013 B. PRESENTATIONS: 7. RESOLUTION NO. 04-13: Approve Resolution No. 04-13 recognizing and A. commending Mr. David T. Harden for his dedicated service to the City of Delray Beach. Tribute to Mr. David T. Harden from the State of Florida Representative Bobby B. Powell, Jr.(ADDENDUM) RESOLUTION NO. 05-13: Approve Resolution No. 05-13 recognizing and C. commending Mayor Nelson S. McDuffie for his dedicated service to the City of Delray Beach. CONSENT AGENDA: 8. City Manager Recommends Approval RESOLUTION NO. 03-13: ABANDONMENT OF WATER EASEMENT: A. FRANKLIN AT DELRAY BEACH: Approve Resolution No. 03-13 to abandon a 1.3 for Franklin at Delray Beach foot by 6.3 foot portion of a 12 foot wide water easement located at 1030 S. Federal Highway. REQUEST FOR A SIDEWALK DEFERRAL/ 1240 SEASPRAY AVENUE: Approve B. an agreement to defer installing a sidewalk along Seaspray Avenue for the Barbara Residence located at 1240 Seaspray Avenue within the North Beach Overlay District. HOLD HARMLESS AGREEMENT/ 2325 SOUTH OCEAN BOULEVARD: C. Approve a Hold Harmless Agreement with Line-Tec, Inc. to install and construct utilities in the State DOT right-of-way at property located at 2325 South Ocean Boulevard. SERVICE AUTHORIZATION NO. 12-05/ MATHEWS CONSULTING, INC.: D. Approve Service Authorization No. 12-05 to Mathews Consulting, Inc. in the amount of $61,732.00 for the design, permitting and bidding services of Delray Shores Water Main Phase I. Funding is available from 442-5178-536-68.93 (W & S Renewal & Replacement Fund: Improvements Other/Delray Shores Water Mains). FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/ COMMUNITY E. REDEVELOPMENT AGENCY (CRA)/ US 1 CORRIDOR IMPROVEMENT:Approve the First Amendment to the Interlocal Agreement with the Community Redevelopment Agency (CRA) for the US 1 Beautification project th which is from just south of S.E. 10 Street to just north of George Bush Boulevard. AGREEMENT FOR CONSTRUCTION ENGINEERING AND INSPECTION F. SERVICES/ R.J. BEHAR & COMPANY, INC.:Approve an Agreement for Construction Engineering and Inspection Services with R.J. Behar & Company, Inc. in the amount of $1,203,419.25 for the Federal Highway Beautification Project. Funding is available from 334-3162-541-68.52 (General Construction Fund: Other Improvement/Federal Highway Beautification). RESOLUTION NO. 01-13: Approve Resolution No. 01-13 assessing costs for G. abatement action required to remove nuisances on 11 properties throughout the City of Delray Beach. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 310 H. SOUTHRIDGE ROAD: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Sandra Eugene for the property located at 310 Southridge Road sold for single-family homeownership. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 2216 I. RD N.E. 3 AVENUE: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Jean C. Julien for the property located at 2216 N.E. 3rdAvenue sold for single-family homeownership. LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 5175 J. TH N.W. 6STREET: Approve a Neighborhood Stabilization Program (NSP) Land Use Restriction Agreement and Deed Restrictions with Nicaisse Eloi for the property th located at 5175 N.W. 6 Street sold for single-family homeownership. PROPOSAL/SAFE TRANSPORTATION TRAINING SPECIALISTS: Approve a K. proposal from Safe Transportation Training Specialists in the amount of $28,497.00 for a six (6) day training course on Tank Truck Emergency Response for the Fire Department. Funding is available from 001-2315-526-54.30 (General Fund: Books, Publications, Subscriptions, Memberships, Training, Education Costs). INTERLOCAL AGREEMENT/ PALM BEACH COUNTY: INFORMATION L. SYSTEMS SERVICES (ISS) NETWORK SERVICES: Approve an Interlocal Agreement with Palm Beach County to provide for the joint use of the County IT assets. INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING M. PREVENTION COALITION (DPC): Approve an Interlocal Agreement with Palm Beach County for payment of swimming lesson fees not to exceed $50.00 per class for the Learn to Swim Program at Pompey Park through the Drowning Prevention Coalition of Palm Beach County. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ PBA - N. POLICE OFFICERS AND SERGEANTS: Approve ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) - Police Officers and Sergeants. RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ PBA - O. POLICE LIEUTENANTS: Approve ratification of the Collective Bargaining Agreement with the Police Benevolent Association (PBA) - Police Lieutenants. RESOLUTION NO. 02-13: Approve Resolution No. 02-13 regarding the March 12, P. 2013 First Nonpartisan and Special Election. TH Q. SPECIAL EVENT REQUEST/ 7ANNUAL ALL AMERICAN TAILGATE th PARTY:Approve a special event request for the 7 Annual All American Tailgate Party to be produced by Greater Delray Beach Chamber of Commerce and the Achievement Centers for Children and Families Foundation proposed to be held on February 2, 2013 from 2:00 p.m. to 8:00 p.m., on the grounds of Delray Center for the Arts; and to authorize staff support for security, fire inspection services, clean up and trash removal; contingent upon receipt of a Certificate of Liability Insurance, Alcohol Liability Insurance, Hold Harmless Agreement and a copy of the Temporary Liquor License by January 22, 2013. The event sponsor(s) will pay all City costs estimated at $2,250.50. REVIEW OF APPEALABLE LAND DEVELOPMENT BOARD ACTIONS: Accept R. the actions and decisions made by the Land Development Boards for the period December 10, 2012 through December 28, 2012. AWARD OF BIDS AND CONTRACTS: S. Bid award to Lawn Wizard in the amount of $17,410.00 for annual landscape 1. maintenance on George Busch Boulevard and West Atlantic Avenue. Funding is available from 119-4144-572-46.40 (Beautification Trust Fund: Repair and Maintenance Services/Beautification Maintenance). Contract award to Line-Tec, Inc. in the amount of $43,648.50 for the installation 2. of automatic line flushers associated with the Automatic Water Main Flushing Devices project. Funding is available from 442-5178-536-64.90 (Water & Sewer Renewal & Replacement Fund: Machinery/ Equipment/other Machinery/ Equipment). Purchase award to Chemical Lime Company of Alabama, Inc. (Lhoist North 3. America) at an estimated cost of $735,350.00 for the purchase and delivery of bulk quicklime. Funding is available from 441-5122-536-52.21 (Water and Sewer Fund: Operating Supplies/Supplies). Purchase award to PC Mall Gov in the amount of $36,976.00 for firewall security 4. equipment. Funding is available from 334-6111-519-66.10 (General Construction Fund: Books/ Publications/ Software). COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS FROM THE PUBLIC- 9. IMMEDIATELY FOLLOWING CONSENT AGENDA: A.City Manager's response to prior public comments and inquiries. B.From the Public. REGULAR AGENDA: 10. CONDITIONAL USE REQUEST/ DELRAY BEACH FAIRFIELD INN: Consider a A. conditional use request to allow a 95-room hotel within the West Atlantic Neighborhood to be known as Delray Beach Fairfield Inn, located on the south side of thth West Atlantic Avenue, between S.W. 9 Avenue and S.W. 10 Avenue.(Quasi- Judicial Hearing) WAIVER REQUEST / TEMPORARY USE PERMIT/ALL COUNTY PAVING B. (ACP): Consider approval of a waiver request to Land Development Regulations (LDR) Section 2.4.6(F), Temporary Use Permit, to allow the two trailers to be used for administrative offices while construction associated with approval of the pending Class III Site Plan Modification occurs for All County Paving located at 1180 S.W. 10th Street.(Quasi-Judicial Hearing) REQUEST TO WAIVE RENTAL FEES/ DELRAY BEACH PUBLIC LIBRARY: C. Consider approval of a request from the Delray Beach Public Library to waive rental fees for use of Old School Square Park from 4:00 p.m. until 9:00 p.m. for their fundraiser Picnic in the Park proposed to be held on Saturday, March 9, 2013. D. BID AWARD FOR BEACH CLEANING SERVICES: Bid award for beach cleaning, maintenance and beautification services. Funding is available from 001-4123-572- 34.90 (General Fund: Other Contractual Services). PROPOSED SIX MONTH EXTENSION OF INNOVATION CORRIDOR E. STRATEGIC MARKETING PLAN IMPLEMENTATION: Consider extending an agreement with Sperry Van Ness/David Wilk for Phase II, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor. PARKS & RECREATION POLICIES AND PROCEDURES FOR FACILITIES USE F. AND RENTAL FEES: Consider approval of the proposed Parks & Recreation Policies and Procedures for Athletic Field and Recreation Facility rental use and fee changes. EMPLOYMENT AGREEMENT/CITY MANAGER: Consider an Employment G. Agreement between the City of Delray Beach and Mr. Louie Chapman. APPOINTMENT OF AN INTERIM CITY MANAGER: Appoint an Interim City H. Manager upon the retirement of Mr. David T. Harden. APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT #1: I. Appoint a person to fill the unexpired term for Seat #1 until the March 28, 2013 Organizational Meeting. APPOINTMENTS TO THE CODE ENFORCEMENT BOARD: Appoint three (3) J. regular members and an alternate to serve three (3) year terms ending January 14, 2016 and one (1) alternate member to serve an unexpired term plus a three (3) year term ending January 14, 2016 to the Code Enforcement Board. Based upon the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3), Commissioner Gray (Seat #4), Mayor McDuffie (Seat #5) and Commissioner Carney (Seat #1). APPOINTMENT TO THE POLICE ADVISORY BOARD: Appoint one (1) student K. member to the Police Advisory Board to serve an unexpired term ending July 31, 2013. Based upon the rotation system, the appointment will be made by Commissioner Gray (Seat #4). PUBLIC HEARINGS: 11. ORDINANCE NO. 41-12 (SECOND READING/ SECOND PUBLIC HEARING): A. 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 THAT THIS ITEM BE DEFERRED) ORDINANCE NO. 42-12: Consider a privately initiated Future Land Use Map B. (FLUM) amendment (small-scale) from MD (Medium Density Residential 5-12 du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road.(Quasi-Judicial Hearing) ORDINANCE NO. 44-12: Consider an ordinance calling for a referendum to be held C. 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. FIRST READINGS: 12. A.NONE COMMENTS AND INQUIRIES ON NON-AGENDA ITEMS: 13. A.City Manager B.City Attorney C.City Commission ** Upon adjournment of the Regular City Commission Meeting, the Swearing-In Ceremony will be held for the Mayor and Commission Seat #1. MEMORANDUM TO:Mayor and City Commissioners FROM: DATE:December 28, 2012 AGENDA ITEM 5.A. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: NOVEMBER 13, 2012 SPECIAL WORKSHOP MEETING MINUTES December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. December 4, 2012 City Commission Meeting; Item 10.B. MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:December 17, 2012 AGENDA ITEM 8.A. -REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: RESOLUTION NO. 03-13: ABANDONMENT OF WATER EASEMENT: FRANKLIN AT DELRAY BEACH ITEM BEFORE COMMISSION The request involves abandoning a 1.3 foot by 6.3 foot portion of a 12 foot wide water easement, which was dedicated by the Franklin at Delray Beach plat, recorded in Plat Book 115, Pages 74 through 77 of the Public Records of Palm Beach County, Florida on April 3, 2012. BACKGROUND On April 13, 2011, the Site Plan Review and Appearance Board approved a Class V Site Plan for the Franklin at Delray Beach multi-family residential development and the property was subsequently platted to accommodate the development. The subject water easement was dedicated with the plat. The project is currently under construction, and due to minor additions to the sides of the buildings, one of the buildings now encroaches into a water easement. The applicant has requested that the area of the encroachment be abandoned. REVIEW BY OTHERS Pursuant to LDR Section 2.4.6(N)(5), a finding must be made prior to the City Commission granting an abandonment that the abandonment will not be detrimental to the provision of utility services to adjacent properties or the general area. The abandonment of a small portion of the easement will not be detrimental to the provision of utility services since water can be supplied to the building over the remaining easement. The City Engineer has reviewed the request and has no objection to the abandonment. Since the easement was dedicated only for water supply purposes, other utilities do not have an interest in this request and therefore are not required to comment. Pursuant to the above, a positive finding with respect to LDR Section 2.4.6(N)(5) can be made. RECOMMENDATION By motion, approve Resolution No. 3-13 to abandon a 1.3 foot by 6.3 foot portion of a 12 foot wide water easement, dedicated by the Franklin at Delray Beach plat, recorded in Plat Book 115, Pages 74 through 77 of the Public Records of Palm Beach County, Florida, and finding that the request and approval thereof is consistent with the Comprehensive Plan and meets criteria set forth in Section 2.4.6(N)(5), Abandonment of Public Easements, of the Land Development Regulations. 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 19, 2012 AGENDA ITEM 8.B. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: REQUEST FOR A SIDEWALK DEFERRAL /1240 SEASPRAY AVENUE ITEM BEFORE COMMISSION The item before the City Commission is the approval of a sidewalk deferral along Seaspray Avenue for the Barbara Residence located at 1240 Seaspray Avenue within the North Beach Overlay District. BACKGROUND The subject property is 0.24 acres and contains an existing two-story single family residence with a pool. Itlies 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. The owner wishes to defer construction of a five foot (5) sidewalk adjacent to the right-of-way along Seaspray Avenue. No other sidewalks exist on either side of the road. At its meeting of December 6, 2012, the DSMG supported the sidewalk deferral. Pursuant to the agreement, the owner will construct the sidewalk along Seaspray Avenue at its sole cost and expense at a later date, after being requested to do so by the City. The agreement has been reviewed by the City Attorney and has been approved as to form. RECOMMENDATION Move approval of the agreement to defer the construction of a sidewalk along Seaspray Avenue for the Barbara Residence. MEMORANDUM TO:Mayor and City Commissioners FROM:Tamara Genius, Plan Reviewer Richard C. Hasko, P.E., Environmental Services Director THROUGH:David T. Harden, City Manager DATE:December 19, 2012 AGENDA ITEM 8.C. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: HOLD HARMLESS AGREEMENT/ 2325 SOUTH OCEAN AVENUE ITEM BEFORE COMMISSION Commission approval to execute a Hold Harmless Agreement with Line-Tec (Developer) to install/construct utilities in the right-of-way of the State of Florida at property located at 2325 S. Ocean Boulevard. BACKGROUND The subject property is located south of Linton Boulevard on the west side of S. Ocean Blvd. Refer to Location Map for details. Water service is being provided via a connection to the existing water main on S. Ocean Blvd., which is in the State of Florida's jurisdiction. As a result, a permit from the Florida Department of Transportation (FDOT) is required. Since the City will be maintaining that part of the service within the FDOT right- of-way, FDOT requires that the City sign the permit application. The Hold Harmless Agreement provides the City with a one year warranty for all work completed within FDOT right-of-way by Owner. RECOMMENDATION Staff recommends approval of Hold Harmless Agreement. MEMORANDUM TO:Mayor and City Commissioners FROM:William A. Grieve, P.E., Assistant City Engineer Richard C. Hasko, P.E., Environmental Services Director THROUGH:David T. Harden, City Manager DATE:December 4, 2012 AGENDA ITEM 8.D. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: SERVICE AUTHORIZATION NO. 12-05/ MATHEWS CONSULTING INC. ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for the Mayor to execute Service Authorization (SA) No. 12-05, with Mathews Consulting Inc. for the design, permitting and bidding services of 1st Phase of Delray Shores Water Main (Official Project name: Delray Shores WM) Project No. 13-028 Cost of this SA is $61,732.00. BACKGROUND Upgrade existing 2" water mains on Cortez Lane, Dolphin Drive and Angler Drive as part of the City's water main upgrade program. This is the first phase of the Delray Shores upgrade project and is budgeted at $450,000. Attached is a copy of the Service Authorization. FUNDING SOURCE Funding is available in account #442-5178-536-68.93, Renewal & Replacement, Delray Shores Water Mains. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Randal L. Krejcarek, P.E., LEED AP, GISP, City Engineer Richard C. Hasko, PE, Environmental Services Director THROUGH:David T. Harden, City Manager DATE:December 14, 2012 AGENDA ITEM 8.E. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT/ CRA/ US 1 CORRIDOR IMPROVEMENT ITEM BEFORE COMMISSION This item is before the Commission for approval/authorization for Mayor to sign the First Amendment to the Inter-Local Agreement with the Community Redevelopment Agency (CRA) for the US 1 Beautification project which is from just south of SE 10th St to just north of George Bush Blvd. Project #2009-009. BACKGROUND On Dec 11, 2012 City Commission approved the construction contract and post design services agreement for the US 1 Beautification project. That approval was contingent upon the Community Redevelopment Agency (CRA) Board approving the attached First Amendment to the Inter-local Agreement between the City and the CRA, which identifies repayment of the amount that exceeds available funding. The unfunded balance, which will be split 50-50 between the City and CRA is $3,514,960.13. The CRA Board approved this First Amendment to the Inter-Local Agreement at their Dec 13, 2012 meeting. Attached is a copy of the agreement. RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:Timothy Tack, Project Manager ESD/CRA Richard C. Hasko, PE, Environmental Services Director THROUGH:David T. Harden, City Manager DATE:December 5, 2012 AGENDA ITEM 8.F. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: AGREEMENT FOR GENERAL CONSULTING SERVICES / R.J. BEHAR & COMPANY, INC./ FEDERAL HIGHWAY BEAUTIFICATION PROJECT ITEM BEFORE COMMISSION Request for Commission approval and authorization for the Mayor to execute an agreement with R.J. Behar & Company, Inc. for Construction Engineering and Inspection Services (CEI) for the Federal Highway Beautification Project #2009-009. The cost of this agreement is $1,203,419.25. BACKGROUND On July 1, 2012, a Request for Proposals was issued for the provision of professional Construction, Engineering and Inspection (CEI) services for the Federal Highway Beautification project from south of 10th Street to north of George Bush Boulevard. These services are required by the Florida Department of Transportation for all Local Agency Program (LAP) funded projects. On September 20, 2012, City Commission authorized City Staff to enter into contract negotiations with the top ranked firm, R.J. Behar & Company, Inc. Federal Highway is considered to be On-The-State System, as well as On the National Highway System, therefore the Federal Highway Administration (FHWA) requires that the project be constructed using full Florida Department of Transportation (FDOT) Specifications. This includes full testing and sampling, material certifications, use of FDOTs Laboratory Information Management System (LIMS), final materials acceptance by FDOT District Materials Lab, full contract compliance/EEO, mandatory 30%, 60%, 90% and 100% FDOT Construction and Administrative Compliance Audits, document scanning on LAPIT, and a full Final Estimates Closeout Package. This is all contained in the LAP Agreement, which was approved by Commission on March 20, 2012. FDOT budgets 10% to 15% for CEI Services on their full FDOT specification projects, which this is considered to be, and this service authorization is for 9.64% of the overall construction cost. FUNDING SOURCE Funding for the Project is as follows: $1,203,419.25 from #334-3162-541.68-52 RECOMMENDATION Staff Recommends Approval AGREEMENT FOR GENERAL CONSULTING SERVICES THIS AGREEMENT, made and entered into this ____ day of _________________, 20____, by and between the CITY of Delray Beach, Florida, hereinafter referred to as "CITY", and _____________________, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY has provided notice of the desired professional services and carried out the proper selection process pursuant to and in accordance with the Consultant's Competitive Negotiation Act; and, WHEREAS, the CITY represents that it is a Florida municipal corporation with the authority to engage the CONSULTANT and accept the obligation for payment for the services desired; and, WHEREAS, the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this AGREEMENT and with SERVICE AUTHORIZATIONS to be issued at the time of or subsequent to execution of this AGREEMENT; and WHEREAS, this AGREEMENT does not entitle the CONSULTANT to any fees for any particular project without first receiving a Service Authorization; and WHEREAS, the CONSULTANT desires to provide such professional services in accordance with this AGREEMENT and SERVICE AUTHORIZATIONS. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this AGREEMENT, it is mutually understood and agreed as follows: I. DEFINITIONS; GENERAL CONDITIONS A. THE SCOPE OF WORK is to be implemented in phases as set forth by this Agreement and by SERVICE AUTHORIZATIONS, which are attached hereto and made a part hereof, and as also may be added as approved by the City from time to time. B. A SERVICE AUTHORIZATION is a form to be used to authorize work, projects, and services. The form shall be executed by the CITY'S and CONSULTANT'S representatives. A CITY purchase order number shall be identified on the form. The purchase order authorization is established in the CITY Code of Ordinances with provisions for expenditure levels of approval authorizations. The projects, work, and services to be performed by the CONSULTANT, and time for completion of the particular phase of the work by CONSULTANT, shall be authorized by a SERVICE AUTHORIZATION. The SERVICE AUTHORIZATION shall include the scope of work to be performed; the budget cost, complete with an itemization of man-hours, wage rates, reimbursable expenses, and other related costs; schedule for completion and name of project manager. The SERVICE AUTHORIZATION shall be signed by the CITY and the CONSULTANT'S authorized representative. A CITY purchase order shall be issued with authorization identifying funds and amount of expenditures. The terms of this AGREEMENT supersede the terms stated on the purchase order. C. PHASES: A phased approach may be utilized. The City and the Consultant shall have the right to negotiate the terms of each phase as contained within each service authorization, and to reject any service authorization, if the parties cannot agree to the terms of the service authorization. In the event the parties cannot agree, the city may select the next ranked proposer or go out for additional proposals in order to complete the subsequent phase(s) of the project. This phased approach shall not waive the City's right to terminate the Consultant's contract during any phase of the project. II. GENERAL DUTIES OF CONSULTANT A. The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this AGREEMENT in accordance with acceptable professional practices and ethical standards. No employer/employee relationships shall be deemed to be established and the CONSULTANT, its agents, subcontractors, and employees shall be independent contractors at all times. B. Professional and Technical Services. It shall be the responsibility of the CONSULTANT to work with the CITY and apprise it of solutions to problems and the approach or technique to be used towards accomplishment of the CITY'S objectives as set forth in SERVICE AUTHORIZATIONS, which will be made a part of this AGREEMENT upon execution by both parties. C. The scope of services to be provided shall be covered in detail in SERVICE AUTHORIZATIONS. D. The CONSULTANT and its subconsultants shall have no responsibility for the discovery, presence, handling or removal or disposal of or exposure of persons to hazardous materials in any form existing prior to construction at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or any other toxic substances. E. The CONSULTANT designates _David Romano________, as its representative to act as liaison with the CITY. The representative shall manage and coordinate CITY projects and is hereby authorized to act on behalf of the CONSULTANT to negotiate and approve SERVICE AUTHORIZATIONS and act on any other related matter with respect to performance of services for the CITY in accordance with the AGREEMENT. Any change to name another person shall be requested in writing to the CITY, and shall be approved by the City. F. CONSULTANT shall attend all meetings, as specified or as defined in each SERVICE AUTHORIZATION of the City Commission or any City approval Board, where the project is discussed, unless the City's representative declares such attendance and participation is not necessary. In addition, the CONSULTANT shall attend all additional meetings as may be required to facilitate the project. III. DUTIES OF CONSULTANT: The following Duties of CONSULTANT are separated into phases of the project, which if approved via SERVICE AUTHORIZATIONS shall be performed by the CONSULTANT. The City may require SERVICE AUTHORIZATIONS, which contain additional requirements applicable to the project. The City must authorize through service authorizations, the commencement of each phase of the work. A.Phase I – Study and Report Phase. N/A B.Phase II – Preliminary Design Phase. N/A C.Phase III. Final Design Phase. N/A D. Phase IV – Bidding/Negotiation Phase. N/A E.Phase V – Construction Phase. If Contract Administration is authorized, the following requirements shall apply: 1.The CONSULTANT shall provide administration of the contract for construction as set forth herein and as contained within the general conditions of the contract for construction and as contained within Exhibit C. 2.The CONSULTANT shall be a representative of and shall advise and consult with the CITY during construction and until final payment to the contractor is due. The CONSULTANT shall have authority to act on behalf of the CITY only to the extent provided in this AGREEMENT and as provided in the contract for construction unless otherwise modified by written instrument. 3.The CONSULTANT shall visit the site at regular intervals appropriate to the stage of construction or as otherwise agreed to by the CITY and the CONSULTANT, in writing, to become generally familiar with the progress and quality of the work completed and shall determine in general if the work is being performed in a manner indicating that the work when completed will be in accordance with the contract documents. The CONSULTANT shall be required to make on-site observations to review the work. The CONSULTANT shall keep the CITY informed of the progress and quality of the work and shall provide certification to the CITY of satisfactory completion of all phases of the work in compliance with the plans, specifications thereto. 4.The CONSULTANT shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures of construction or for safety precautions and programs in connection with the work, since these are solely the CONTRACTOR’S responsibility under the contract for construction. The CONSULTANT shall make every reasonable effort to ensure that the CONTRACTOR completes the work in accordance with the current approved schedule and carries out the work in accordance with the Contract documents. 5.The CONSULTANT based on observations and evaluations of CONTRACTOR’S applications for payment shall review and certify the amounts due the CONTRACTOR. 6.The CONSULTANT’S certification for payment shall constitute a representation to the CITY, based on the CONSULTANT’S observations at the site as provided herein and on the data comprising the CONTRACTOR’S application for payment, that the work has progressed to the point indicated and that, to the best of the CONSULTANT’S knowledge, information, and belief, the quality and quantity of the work is the accordance with the contract documents. The foregoing representations are subject to an evaluation of the work for conformance with the contract documents upon substantial completion, to results of subsequent tests and inspections, to minor deviations from the contract documents, correctable prior to completion and to specific qualifications expressed by the CONSULTANT. The issuance of the certificate of payment shall further constitute a representation that the CONSULTANT has made observations to review the quality or quantity of the work. 7.The CONSULTANT shall recommend disapproval or rejection of CONTRACTOR’S work to the CITY, which does not conform to the contract documents. The CONSULTANT will have authority to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not work is fabricated, installed or completed. 8.The CONSULTANT shall review and approve or take other appropriate action upon CONTRACTOR’S submittals, such as shop drawings, product data, and samples for the purpose of checking for conformance with information given and the design concept expressed in the contract documents. The CONSULTANT shall evaluate and determine the acceptability of substitute materials and equipment proposed by CONTRACTORS. 9.The CONSULTANT shall prepare change orders and construction change directives with supporting documentation and data if deemed necessary bye the CONSULTANT, for the CITY’S approval and execution in accordance with the contract documents, and may authorized minor changes in the work not involving an adjustment in the contract time, which is consistent with the intent of the contract documents. 10.The CONSULTANT shall conduct inspections to determine the date or dates of substantial completion and the date of final completion, shall receive and forward to the CITY for the CITY’S review and records, written warranties and related documents required by the contract documents and assembled by the CONTRACTOR and shall issue a final certificate for payment upon compliance with the requirements of the contract documents. 11.The CONSULTANT shall interpret matters concerning performance of the CITY and CONTRACTOR under the requirements of the contract documents on written request of either the CITY or CONTRACTOR. The CONSULTANT’S response to such requests shall be made with reasonable promptness and within any time limits agreed upon. 12.Interpretations of the CONSULTANT shall be consistent with the intent of and reasonably inferable from the contract documents and shall be in writing or in the form of drawings. When making such interpretations, the CONSULTANT shall endeavor to secure faithful performance by both the CITY and the CONTRACTOR. 13.The CITY shall be the final arbiter on matters relating to aesthetics. 14.The CONSULTANT shall review the plans and specifications and continuously provide feedback on any potential constructability issues including solutions, ensuring the design minimizes construction and long term maintenance costs throughout the entire course of construction. 15.The CONSULTANT shall render written interpretations within a reasonable time on all internal disputes between the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 16.The CONSULTANT”S interpretations on internal disputes are not binding on the CITY and CONTRACTOR relating to the execution of the progress of the work as provided in the contract documents. 17.Upon completion of construction the CONSULTANT shall provide to the CITY, three sets of record drawings, signed and sealed, plus one set of mylars incorporating as built conditions and other data furnished by contractor(s) to CONSULTANT. 18.In company with the City, the CONSULTANT shall visit the Project to observe any apparent defects In the completed construction, assist the CITY in consultations and discussions with CONTRACTOR(S) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defection work. F.Phase VI – Resident Project Representative Services Phase If the Resident Project Representative Services Phase is authorized the following requirements shall apply: A.A Resident Project Representative will be assigned to assist CONSULTANT in carrying out his responsibilities to CITY at the site. Resident Project Representative is CONSULTANT’S agent at site, will act as directed by and under the supervision of CONSULTANT, and will confer with CONSULTANT regarding Resident Representative’s actions. Resident Representative’s dealing in matters pertaining to the on-site work shall in general be with CONSULTANT and CONTRACTOR keeping the CITY advised as necessary. Resident Project Representative’s dealings with subcontractors shall only be through or with the full knowledge and approval of CONTRACTOR. Resident Project Representative shall generally communicate with the CITY with the knowledge of and under the direction of CONSULTANT. B.Resident Project Representative shall where applicable: 1.Review the progress schedule, schedule of Shop Drawing submittals and schedule of values prepared by CONTRACTOR and consult with CONSULTANT concerning its general acceptability. 2.Attend meetings with CONTRACTOR, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. 3.Working principally through CONTRACTOR’S superintendent, assist CONSULTANT in serving as the City’s liaison with CONTRACTOR, when CONTRACTOR’S operations affect the CITY’S on- site operations. 4.Assist in obtaining from the CITY additional details or information, when required for proper execution of the Work. 5.Record date of receipt of Shop Drawings and samples. 6.Receive samples, which are furnished at the site by CONTRACTOR, and notify the CONSULTANT of availability of samples for examination. 7.Advise the CONSULTANT and CONTRACTOR of the commencement of any Work requiring a Shop Drawing, if the submittal has not been approved by the CONSULTANT. 8.Conduct on-site observations of the Work in progress to assist the CONSULTANT in determining if the Work is, in general, proceeding in accordance with the Contract Documents. 9.Report to the CONSULTANT whenever Residential Project Representative believes that any Work is unsatisfactory, faulty or defective or does not conform to the Contract Documents; or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made. Advise the CONSULTANT of Work that Resident Project Representative believes should be uncovered for observation, or requires special testing, inspection or approval. Nothing herein shall relieve the CONTRACTOR or the CONSULTANT from the duties imposed by the contract. 10.Verify that tests, equipment and systems startups, and operating and maintenance training are conducted in the presence of appropriate personnel, and that CONTRACTOR maintains adequate records thereof; and observe, record and report to the CONSULTANT appropriate details relative to the test procedures and startups. 11.Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to the CONSULTANT. 12.Report to CONSULTANT when clarifications and interpretations of the Contract Documents are needed and transmit to CONTRACTOR clarifications and interpretations as issued by the CONSULTANT. 13.Consider and evaluate CONTRACTOR’S suggestions for modifications in Drawings or Specifications and report with Resident Project Representative’s recommendations to the CONSULTANT. Transmit to CONTRACTOR decisions as issued by the CONSULTANT. 14.Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and samples, reproductions of original Contract Documents, including all Work Directive Changes, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, CONSULTANT’S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents 15.Keep a diary or log book, recording CONTRACTOR hours on the job site, weather conditions, data relative to questions of Work Directive Changes, Change Orders or changed conditions, list of job site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to the CONSULTANT. 16.Record all names, addresses and telephone numbers of the CONTRACTOR, all subcontractors and major suppliers of material and equipment. 17.Furnish the CONSULTANT periodic reports as required of progress of the Work of the CONTRACTOR’S compliance with the progress schedule and schedule of Shop Drawing and sample submittals. 18.Consult with the CONSULTANT in advance of schedule major tests, inspections or start of important phases of the Work. 19.Draft proposed Change Orders and Work Directive Changes, obtaining backup materials from CONTRACTOR and recommend to the CONSULTANT, Change Orders, Work Directive Changes, and Field Orders. 20.Report immediately to the CONSULTANT and the CITY upon the occurrence of any accident. 21.Review applications for payment with CONTRACTOR for compliance with the established procedure for their submission and forward with recommendations to the CONSULTANT noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site, but not incorporated in the Work. 22.During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by CONTRACTOR are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to the CONSULTANT for review and forwarding to CITY prior to final payment for the Work. 23.Before the CONSULTANT issues a Certificate of Substantial Completion, submit to CONTRACTOR a list of observed items requiring completion or correction. 24.Conduct final inspection in the company of the CONSULTANT, the CITY and the CONTRACTOR and prepare a final list of items to be completed or corrected. 25.Observe that all items on final list have been completed or corrected and make recommendations to the CONSULTANT concerning acceptance. C.The Resident Project Representative shall not: 1.Authorize any deviation from the Contract Documents or substitution of materials or equipment. 2.Exceed limitations of the CONSULTANT’S authority as set forth in the Contract Documents. 3.Undertake any of the responsibilities of CONTRACTOR, subcontractors, or CONTRACTOR’S superintendent. 4.Advise on, issue directions regarding or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction unless such advice or directions are specifically required by the Contract Documents. 5.Advise on, issue directions regarding or assume control over safety precautions and programs in connection with the Work. 6.Accept Shop Drawing or sample submittals, from anyone other than CONTRACTOR. 7.Authorize the CITY to occupy the Project in whole or in part. 8.Participate in specialized field or laboratory tests or inspections conducted by others except as specifically authorized by the CONSULTANT. IV. DATA AND SERVICES TO BE PROVIDED BY THE CITY The CITY shall provide the following: A. Furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary and which are under control of the CITY. B. Other data and services to be agreed upon in subsequent SERVICE AUTHORIZATIONS. C. Pay for all legal advertisements incidental to obtaining bids or proposals from contractors. D. The CITY Manager or his designee shall act as the CITY'S representative with respect to the work to be performed under this AGREEMENT. The CITY Manager or his designee shall have the authority to the extent authorized by the CITY Charter and Code of Ordinances to exercise the rights and responsibilities of the CITY provided in this contract. Said authority may include but is not limited to: transmit instructions, stop work, receive information, interpret CITY'S policies and decisions with respect to materi- als, equipment, elements, and systems pertinent to the services covered by this AGREEMENT. E. Pay all permit application filing fees. F. Provide access to CITY facilities. V. TIME OF PERFORMANCE A. The CONSULTANT will begin work promptly after issuance of a Notice to Proceed. B. The CONSULTANT'S services called for under the AGREEMENT shall be completed in accordance with the schedule contained in each SERVICE AUTHORIZATION. If the CONSULTANT'S services are unreasonably delayed by the CITY in excess of 180 days, the time of performance and compensation shall be renegotiated, provided; however, the CONSULTANT as a condition precedent to renegotiations shall notify the City within fifteen (15) calendar days at the end of the delay of CONSULTANT'S proposed additional costs incurred by reason of said delay. VI. AGREEMENT PERIOD The agreement shall be for two (2) years with the right to renew for three (3) one (1) year extensions. Each one year renewal will be at the City’s discretion. However, the agreement shall extend until all Service Authorizations are completed. Each Service Authorization shall delineate a time for completion of the services to be rendered . VII. COMPENSATION A. The CITY will compensate the CONSULTANT for the services performed on each SERVICE AUTHORIZATION in accordance with a negotiated lump sum, or a not to exceed budgeted amount based on time charges which are based upon hourly rates, plus reimbursable expenses if compensation is based on Method II and other related costs as are specified in the SERVICE AUTHORIZATION. 1. METHOD 1 - LUMP SUM Lump Sum Amount. Wherever possible, the scope of services for Services, Projects or Programs shall be thoroughly defined and outlined prior to its authorization. The CITY and CONSULTANT shall mutually agree to a lump sum amount for services to be rendered and a detailed scope of services. Should the CITY deem that a change in the scope of services is appropriate, then a decrease or increase in compensation shall be authorized in writing. In lump sum contracts, the CONSULTANT shall submit the estimated man-hours, wage rates and other actual unit costs supporting the compensation. The CONSULTANT shall submit a truth in negotiation certificate stating that all data supporting the compensation is accurate, complete and current at the time of contracting. B. Subcontractual service shall be invoiced at the actual fees paid by the CONSULTANT, plus an additional ten percent (10%) of the cost of these services to compensate CONSULTANT, for the procuring and management of the sub-consultant, and for the other financial and administrative costs. Subcontractual services shall be approved by the CITY in writing prior to performance of the subcontractual work. C. Total Compensation (including, but not limited to compensation for sub-consultants) for all services and expenses shall not exceed the budget cost listed upon each SERVICE AUTHORIZATION, without written approval. D. If the CITY determines that any price for services, however calculated provided by the CONSULTANT, including profit, negotiated in connection with this AGREEMENT or any cost reimbursable under this AGREEMENT was increased by any significant sums because the CONSULTANT or any subcontractor furnished incomplete or inaccurate costs or pricing data, then such price or cost or profit shall be reduced accordingly and the SERVICE AUTHORIZATION shall be reduced accordingly and the SERVICE AUTHORIZATION shall be modified in writing to reflect such reduction. VIII.PAYMENT The CITY agrees that it will use its best effort to pay the CONSULTANT within thirty (30) calendar days from presentation of the CONSULTANT'S itemized report and invoice and approval of the CITY'S representative, unless additional time for processing is required for payments for basic services, subcontractual services, and reimbursable expenses as defined in Section VII. The CONSULTANT shall submit monthly invoices, as required in the SERVICE AUTHORIZATION, which shall include a report of work completed during the respective invoice period. Invoices shall be in a format consistent with those shown in Exhibit B. The report shall be adequate in detail to describe work progress (% complete for each task) and written summaries of work completed. No payment request shall exceed the value of work and services performed by the CONSULTANT under the SERVICE AUTHORIZATION. Payment to the CONSULTANT will be based on the percent of construction completed. IX. MISCELLANEOUS PROVISIONS A. Copies of Documents: The CONSULTANT shall prepare sufficient copies of all documents necessary to obtain approval through the City's processes, as well as other governmental authorities.. The CITY acknowledges that data provided in connection with this Agreement which are provided by the CONSULTANT are not intended for use in connection with any project other than the project for which such materials are prepared. Any use by the CITY of such materials in connection with a project other than that for which such materials were prepared without prior written consent and adaptation by the CONSULTANT shall be at the CITY'S sole risk, and the CONSULTANT shall have no responsibility or liability therefore. B. Insurance: Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at his own expense, provide and maintain in force, until all of its services to be performed under this AGREEMENT have been completed and accepted by the CITY (or for such duration as it otherwise specified hereinafter), the following insurance coverages: 1. Worker's Compensation Insurance to apply to all of the CONSULTANT'S employees in compliance with the "Worker's Compensation Law" of the State of Florida and all applicable Federal Laws. A. Employer's Liability with limits of $100,000 per person, $500,000 per occurrence and $100,000 per each disease. 2. Comprehensive General Liability with minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements other than ISO Endorsement GL 21 06 (Engineers, Architects, or Survey- ors Professional Liability exclusion), as Filed by the Insurance Services Office and must include: a. Premises and/or Operations b. Independent Contractors c. Products and Completed Operations - CONSULTANTS shall maintain in force until at least three years after completion of all services required under this AGREEMENT, coverage for Products and Completed Operations, including Broad Form Property Damage. d. Broad Form Property Damage e. Contractual Coverage applicable to this specific AGREEMENT. f. Personal Injury Coverage with minimum limits of coverage equal to those required for Bodily Injury Liability. 3. Business Automobile Liability with minimum limits of three hundred thousand dollars ($300,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by the Insurance Services Office and must include: a. Owned Vehicles b. Hired and Non-Owned Vehicles c. Employers' Non-Ownership 4. Professional Liability Insurance with minimum limits per occurrence applicable to CITY projects as follows: Construction Cost Range Limit a. 0 - 99,000 250,000 b. 100,000 - 299,000 500,000 c. 300,000 - 499,000 750,000 d. 500,000 - Above 1,000,000 Coverage shall be afforded on a form acceptable to the CITY. CONSULTANT shall maintain such professional liability insurance until at least one year after a Certificate of Occupancy is issued. CONSULTANT shall insure that sub-consultants used for any portion of the project, maintain adequate levels of Professional Liability Insurance. 5. Prior to commencement of services, the CONSULTANT shall provide to the CITY Certificates of Insurance evidencing the insurance coverage specified in the foregoing Paragraphs C1, C2, C3, C4. All policies covered within subparagraphs C1, C2, C3, C4, shall be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. The CITY shall be named as an additional insured as to CONSULTANT'S liability on policies referenced in subparagraphs C2. The required Certificates of Insurance shall not only name the types of policies provided, but also shall refer specifi- cally to this AGREEMENT and section and to the above paragraphs in accordance with which insurance is being furnished, and shall state that such insurance is as required by such paragraphs of this AGREEMENT. The CONSULTANT shall also make available to the CITY a certified copy of the professional liability insurance policy required by paragraph 4 above for the City's review. Upon request, the CONSULTANT shall provide copies of all other insurance policies. 6. If the initial insurance policies required by this AGREEMENT expire prior to the completion of the services, renewal Certificates of Insurance of policies shall be furnished thirty (30) days prior to the date of their expiration.For Notice of Cancellation and/or Restriction; the policies must be endorsed to provide the CITY with thirty (30) days notice of cancellation and/or restriction. 7. The CONSULTANT'S insurance, including that applicable to the CITY as an Additional Insured, shall apply on a primary basis. D. Litigation Services: It is understood and agreed that CONSULTANT'S services include reasonable participation in litigation or dispute resolution arising from this AGREEMENT. CONSULTANTS participation shall include up to 30 hours of services related to litigation or dispute resolution. Any such services in excess of 30 hours shall be an extra service. E. Authority to Contract: The CITY represents that it is a Florida Municipal Corporation with the authority to engage the CONSULTANT for professional services described in the SERVICE AUTHORIZATIONS and to accept the obligation for payment for the services described in the SERVICE AUTHOR- IZATIONS. F. Assignment: The CITY and the CONSULTANT each binds itself and its successors, legal representatives, and assigns to the other party to this AGREEMENT and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this AGREEMENT subject to budget considerations and requirements of law; and, neither the CITY nor the CONSULTANT will assign or transfer their interest in this AGREEMENT without the written consent of the other. G. Confidential Information: During all times that the CONSULTANT is employed on behalf of the CITY and at all times subsequent to the date of this contract, all discussions between the CITY and the CONSULTANT and all information developed or work products produced by the CONSULTANT during its employment and all matters relevant to the business of the CITY not otherwise being a matter of public record shall be deemed to be confidential. All such information and work product shall be protected by the CONSULTANT and shall not be revealed to other persons without the express written permission of the CITY, unless mandated by order of the court. H. Non-Exclusive Contract: The CITY reserves the right to award projects to other firms pursuant to the Florida Statutes Consultant's Competitive Negotiations Act during the period of service of the CONSULTANT. The CONSULTANT agrees to cooperate with the CITY and other firms in accomplishing work that may require joint efforts to accomplish the CITY'S goals. This cooperation, when requested by the CITY, will include but not be limited to: 1. Sharing technical information developed under contract with the CITY. 2. Joint meetings for project coordination. 3. Establish lines of communication. I. Subconsultants: In the event the CONSULTANT, during the course of the work under this AGREEMENT requires the services of any subcontractors or other professional associates in connection with services covered by this AGREEMENT, CONSULTANT must secure the prior written approval of the CITY. J. Notices: Whenever either party desires to give notice unto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the place last written, as the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places of giving of notice to wit: CITY of Delray Beach CITY MANAGER City of Delray Beach, Florida 100 NW 1st Avenue Delray Beach, Florida 33444 CONSULTANT David Romano Director of Construction Management Services th 6861 SW 196 Avenue, Suite 307 Pembroke Pines, FL 33332 K. Attachments: Request for Proposals is hereby incorporated within and made an integral part of this AGREEMENT. L. Truth-In-Negotiation Certificate: Signature of this AGREEMENT by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of this AGREEMENT are accurate, complete, and current. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the CITY determines the contract price was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. M. Records: Records of all expenses relative to each SERVICE AUTHORIZATION shall be kept on a generally recognized accounting basis and shall be available to the CITY or its authorized representative at mutually convenient times. N. Personnel: The CONSULTANT represents that it has or will secure, at its own expense, qualified personnel required in performing the services under this AGREEMENT. All work shall be performed under the direction of a professional, registered under the State of Florida in the field for which he is responsible for performing such services. The project manager shall be approved by the CITY under each SERVICE AUTHORIZATION. Key project personnel will be identified for each project and expected to perform the work assignment as can reasonably be expected. O. Equal Opportunity Employment: CONSULTANT agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race, color, religion, sex, age or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment advertising; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth this non-discrimination clause. This provision applies to all CONSULTANT'S subcontractors and it is the responsibility of CONSULTANT to ensure subcontractor's compliance. P. Prohibition Against Contingent Fees: The CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this AGREEMENT, and that he has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this AGREEMENT. Q. Termination: This AGREEMENT may be terminated by either party by seven (7) calendar days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. The CITY shall have the right to terminate this AGREEMENT for convenience at any time by thirty (30) calendar days written notice to the consultant. In the event the project described in any SERVICE AUTHORIZATION, or the services of the CONSULTANT called for under any SERVICE AUTHORIZATION, is or are suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five days prior written notice of such action and shall be compensated for the professional services provided and reimbursable expenses incurred up to the date of suspension, cancellation or abandonment. The CONSULTANT agrees to provide all documents to the CITY (specifically those referenced in paragraph IX.A. Further, prior to the CONSULTANT'S destruction of any of the above referenced documents, the CITY shall be notified and allowed a reasonable period to gain access to and make copies of any such documents. Upon any termination of this AGREEMENT, the CONSULTANT agrees that it shall use its best efforts to work harmoniously with any successor who enters an AGREEMENT to provide services for the CITY in order to provide for a smooth transition period. R. Indemnification: In consideration of ten dollars ($10.00) and other valuable consideration, the CONSULTANT will at all times indemnify, save and hold harmless and defend the CITY, its officers, agents (the term agents shall not include the contractor(s), any subcontractors, any materialmen or others who have been retained by the City or Contractor, or materialmen to supply goods or services to the project) and employees, from and against all liability, any claim, demand, damage, loss, expense or cause of action and costs (including attorney's fees at trial or appellate levels) arising out of error, omission, or negligent act of CONSULTANT, its agents, servants or employees in the performance of services under this agreement. The CONSULTANT further agrees to indemnify, hold harmless and defend the City,its officers, agents and employees from and against any claim, demand or cause of action arising out of any negligence or misconduct of CONSULTANT for which the City, its agents, servants or employees are alleged to be liable. The indemnification’s contained herein shall survive the expiration or earlier termination of this Agreement. Nothing in this AGREEMENT shall be deemed to affect the rights, privileges and immunities of the CITY as set forth in Florida Statutes 768.28. S. Interest of the Consultant: The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, in any Project to which this AGREEMENT pertains or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this AGREEMENT, no person having such interest shall be employed. T. Compliance with Laws: a. The CONSULTANT shall comply with the applicable requirements of State and applicable County laws and all Codes and Ordinances of the CITY OF DELRAY BEACH as amended from time to time, and that exist at the time of building permit issuance. b. For SERVICE AUTHORIZATIONS involving work under Federal or State Grantors or Approving Agencies, the CITY and the CONSULTANT shall review and approve the applicable required provisions or any other supplemental provisions as may be included in each SERVICE AUTHORIZATIONS. U. Jurisdiction; Venue: The CONSULTANT hereby covenants, consents and yields to the jurisdiction of the State Civil Courts of Palm Beach County, Florida. Any dispute between CONSULTANT and the CITY shall be governed by the laws of Florida with venue in Palm Beach County. V. Internal Dispute Between Owner and Consultant: The City Manager shall be the final decision maker regarding internal disputes between CITY and CONSULTANT. W. Extent of Agreement: This AGREEMENT represents the entire integrated AGREEMENT between the CITY and the CONSULTANT and supersedes all prior negotiations, representations or AGREEMENTS, written or oral. This AGREEMENT does not entitle the CONSULTANT to receive any fee unless first being issued a Service Authorization. This AGREEMENT does not provide that a CONSULTANT is entitled to receive any Service Authorization. This AGREEMENT may not be amended, changed, modified, or otherwise altered in any way, at any time after the execution hereof, except by approval of the CITY Commission. IN WITNESS WHEREOF, the CITY has caused these presents to be executed in its name by its Mayor, and attested and its official Seal to be hereunto affixed by its CITY Clerk, and the CONSULTANT has hereunto set its hand and Seal the day and year first written above. CITY OF DELRAY BEACH, FLORIDA By: MAYOR ATTEST: City Clerk Approved as to Form: CITY Attorney CONSULTANT By: Witness Title: Name Printed (Seal) Witness Name Printed ACKNOWLEDGEMENT IF CORPORATION State of Florida County of Palm Beach BEFORE ME, the foregoing instrument, this _____ day of ____________________, 200_, was acknowledged by _________ ________________________________, on behalf of the Corporation and said person executed the same freely and voluntarily for the purpose therein expressed. WITNESS my hand and seal in the County and State aforesaid this _____ day of ____________________, 200_. ____________________________ Notary Public (SEAL) My Commission Expires: ACKNOWLEDGEMENT IF AN INDIVIDUAL State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared _____________________ _______________________, known to me to be the person in and who executed the foregoing instrument, and acknowledged before me that he/she executed the same. SWORN TO AND SUBSCRIBED before me this __________ day of _____________________, 200_. ____________________________ Notary Public My Commission Expires: ACKNOWLEDGEMENT IF A PARTNERSHIP State of Florida County of Palm Beach I HEREBY CERTIFY that on this date before me, an officer duly authorized in the state and county named above to take acknowledgments, personally appeared _____________________ _______________________, known to me to be the person in and who executed the foregoing instrument as a partner of _______________________________, a partnership. He/She acknowledged before that he/she executed the same as the act and deed of said partnership for the uses and purposes therein mentioned. SWORN TO AND SUBSCRIBED before me this __________ day of _____________________, 200_. ____________________________ Notary Public My Commission Expires: EXHIBIT B SAMPLE INVOICE City of Delray Beach Project No. Date Purchase Order No. Client Ref. No. Task Order No. Invoice No. Description of services under Task Order # ________________. Period ending: _____________________. LABOR Class Employee Name Rate Hours Amount Subtotal Labor $ SUBCONSULTANTS EXPENSES Computer Word Processing Auto Rental Postage/Freight Air Transportation Print/Reprographics Supplies Subtotal Expenses TOTAL AMOUNT DUE THIS INVOICE $ EXHIBIT B (page 2) SAMPLE -- COST NOT TO EXCEED FORMAT INVOICE COST SUMMARY Phase X Contract Amount $ Amount Earned This Period $ Amount Previously Earned Amount Remaining $ EXHIBIT "C" CONSTRUCTION ENGINEERING AND INSPECTION SCOPE OF SERVICES FOR Project Description: Federal Highway Beautification from South of 10th Street to North of George Bush Boulevard Financial Project ID(s): 420412-1-58-01 & 420412-2-58-01 TABLE OF CONTENTS 1.0PURPOSE .................................................................................................................................... A-1 2.0SCOPE ......................................................................................................................................... A-1 3.0LENGTH OF SERVICE ............................................................................................................. A-1 4.0DEFINITIONS ............................................................................................................................ A-2 5.0ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT ...................................... A-3 6.0ITEMS FURNISHED BY THE CONSULTANT ..................................................................... A-3 6.1CD ..................................................................................................................... A-3 ITY OCUMENTS 6.2FO ............................................................................................................................. A-3 IELD FFICE 6.3V .................................................................................................................................. A-3 EHICLES 6.4FE ..................................................................................................................... A-4 IELD QUIPMENT 6.5LEO ................................................................................. A-4 ICENSING FOR QUIPMENT PERATIONS 7.0LIAISON ...................................................................................................................................... A-4 8.0PERFORMANCE OF THE CONSULTANT ........................................................................... A-4 9.0 REQUIREMENTS ...................................................................................................................... A-5 9.1G ................................................................................................................................... A-5 ENERAL 9.2SC ..................................................................................................................... A-6 URVEYONTROL 9.3O-I .................................................................................................................. A-6 NSITENSPECTION 9.4ST............................................................................................................ A-6 AMPLING AND ESTING 9.5ES ............................................................................................................ A-7 NGINEERING ERVICES 9.6UC ............................................................................................................ A-9 TILITY OORDINATION PERSONNEL ............................................................................................................................ A-10 10.0 10.1GR ....................................................................................................... A-10 ENERAL EQUIREMENTS 10.2PQ .................................................................................................. A-10 ERSONNEL UALIFICATIONS 10.3S ................................................................................................................................. A-16 TAFFING QUALITY ASSURANCE PROGRAM ................................................................................... A-17 11.0 11.1QR .................................................................................................................. A-17 UALITY EVIEWS 11.2QAP ................................................................................................................................. A-17 LAN 11.3QR .................................................................................................................. A-18 UALITY ECORDS 12.0CERTIFICATION OF FINAL ESTIMATES ........................................................................ A-18 12.1FEA-BPS ............................................................... A-18 INALSTIMATE AND SUILT LANS UBMITTAL 12.2C ........................................................................................................................ A-18 ERTIFICATION 12.2OFP ...................................................................................................... A-18 FFER OF INAL AYMENT 13.0AGREEMENT MANAGEMENT ............................................................................................ A-19 13.1G ................................................................................................................................. A-19 ENERAL 13.2II ....................................................................................................... A-19 NVOICING NSTRUCTIONS 14.0SUBCONSULTANT SERVICES ............................................................................................. A-20 15.0OTHER SERVICES .................................................................................................................. A-20 16.0POST CONSTRUCTION CLAIMS REVIEW ....................................................................... A-20 17.0CONTRADICTIONS ................................................................................................................ A-21 18.0THIRD PARTY BENEFICIARY ............................................................................................ A-21 19.0CITY AUTHORITY ................................................................................................................. A-21 Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 SCOPE OF SERVICES CONSTRUCTION ENGINEERING AND INSPECTION 1.0PURPOSE: This scope of services describes and defines the Construction Engineering and Inspection (CEI) services which are required for contract administration, inspection, and materials sampling and testing for the construction project listed below. 2.0SCOPE: The Consultant shall be responsible for providing services as defined in this Scope of Services, the referenced FDOT manuals, and procedures. The projects for which the services are required are: Financial Project IDs: 420412-1-58-01 & 420412-2-58-01 Descriptions: Federal Highway Beautification from South of 10th Street to North of George Bush Boulevard County: Palm Beach The Consultant shall exercise their independent professional judgment in performing their obligations and responsibilities under this Agreement. Pursuant to Section 4.1.4 of the Construction Project Administration Manual (CPAM), the authority of the Consultant’s lead person, such as the Senior Project Engineer, and the Consultant’s Project Administrator shall be identical to the FDOT’s Resident Engineer and Project Administrator respectively and shall be interpreted as such. Services provided by the Consultant shall comply with FDOT manuals, procedures, and memorandums in effect as of the date of execution of the Agreement unless otherwise directed in writing by the City. Such FDOT manuals, procedures, and memorandums are found at the State Construction Office’s website. On a single Construction Contract, it is a conflict of interest for a professional firm to receive compensation from both the City and the Contractor either directly or indirectly. 3.0LENGTH OF SERVICE: The Consultant’s services for each Construction Contract shall begin upon written notification to proceed by the City. The Consultant Senior Project Engineer will track the execution of the Construction Contract such that the Consultant is given timely authorization to begin work. While no personnel shall be assigned until written notification by the City has been issued, the Consultant shall be ready to assign personnel within two weeks of notification. For the duration of the project, the Consultant shall coordinate closely with the City and Contractor to minimize rescheduling of Consultant activities due to construction delays or changes in scheduling of Contractor activities. Stage I, II or III A-1 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 The anticipated letting schedules and co-2nstruction times for the projects are tabulated below: Construction Contract Estimate Financial Letting DateStart Date Duration Project ID (Mo/Day/Yr)(Mo/Day/Yr)(Days) 420412-1-58- 5-20-2012 TBD 790 01 &420412-2- 58-01 4.0DEFINITIONS: A.District Construction Engineer: The administrative head of the District’s Construction Offices. B.District Contract Compliance Manager: The administrative head of the District Contract Compliance Office. C.Resident Engineer: The Engineer assigned to a particular County or area to administer Construction Contracts for the Department. D.Construction Project Manager: The City employee assigned to manage the Construction Engineering and Inspection Contract and represent the City during the performance of the services covered under this Agreement. E.Engineer of Record: The Engineer noted on the Construction plans as the responsible person for the design and preparation of the plans. F.Consultant: The Consulting firm under contract to the City for administration of Construction Engineering and Inspection services. G.Agreement: The Professional Services Agreement between the City and the Consultant setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of services, and the basis of payment. H.Consultant Senior Project Engineer: The Engineer assigned by the Consultant to be in charge of providing Construction Contract administration for one or more Construction Projects. This person may supervise other Consultant employees and act as the lead Engineer for the Consultant. I.Consultant Project Administrator: The employee assigned by the Consultant to be in charge of providing Construction Contract administration services for one or more Construction Projects. J.Resident Compliance Specialist: The employee assigned by the Consultant to oversee project specific compliance functions. Stage I, II or III A-2 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 K.Contractor: The individual, firm, or company contracting with the City for performance of work or furnishing of materials. L.Construction Contract: The written agreement between the City and the Contrac- tor setting forth the obligations of the parties thereto, including but not limited to the performance of the work, furnishing of labor and materials, and the basis of payment. 5.0ITEMS TO BE FURNISHED BY THE CITY TO CONSULTANT: A.The City, on as needed basis, will furnish the following Construction Contract documents for each project. These documents may be provided in either paper or electronic format. 1.Construction Plans, 2.Special Provisions, 3.Copy of the Executed Construction Contract, and 4.Utility Agency’s Approved Material List (if applicable). 6.0ITEMS FURNISHED BY THE CONSULTANT: 6.1City Documents: FDOT All applicable documents referenced herein shall be a condition of this Agreement. All FDOT documents, directives, procedures, and standard forms are available through the FDOT’s Internet website. Most items can be purchased through the following address. All others can be acquired through the District Office or on-line at FDOT’s website. Florida Department of Transportation Maps and Publication Sales 605 Suwannee Street, MS 12 Tallahassee, Florida 32399-0450 Telephone No. (850) 488-9220 6.2Field Office: The Consultant shall provide a field office with sufficient room and furnishings to effectively carry out their responsibilities under this Scope of Services. Routine expenses for operation of the office, such as stamps, postage costs, custodial fees, telephone service, etc., will be the responsibility of the Consultant and will not be compensated by the City. 6.3Vehicles: Vehicles will be equipped with appropriate safety equipment and must be able to effectively carry out requirements of this Agreement. Vehicles shall have the Stage I, II or III A-3 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 name and phone number of the consulting firm visibly displayed on both sides of the vehicle. 6.4Field Equipment: The Consultant shall supply survey, inspection and testing equipment, essential in order to carry out the work under this Agreement. Such equipment includes those non-consumable and non-expendable items, which are normally needed for a CEI project and are essential in order to carry out the work under this Agreement. Hard hats shall have the name of the consulting firm visibly displayed. Equipment described herein and expendable materials under this Agreement will remain the property of the Consultant and shall be removed at completion of the work. The Consultant’s handling of nuclear density gauges shall be in compliance with their license. The Consultant shall retain responsibility for risk of loss or damage to said equipment during performance of this Agreement. Field office equipment shall be maintained and in operational condition at all times. 6.5Licensing for Equipment Operations: The Consultant will be responsible for obtaining proper licenses for equipment and personnel operating equipment when licenses are required. The Consultant shall make the license and supporting documents available to the City for verification, upon request. Radioactive Materials License for use of Surface Moisture Density Gauges shall be obtained through the State of Florida Department of Health. 7.0LIAISON: The Consultant shall keep the Construction Project Manager informed of all significant activities, decisions, correspondence, reports, and other communications related to its responsibilities under this Agreement, and seek input from the Construction Project Manager in order for the Construction Project Manager to oversee the Consultant’s performance. Agreement administrative duties relating to Invoice Approval Requests, Personnel Approval Requests, User ID Requests, Time Extension Requests, and Supplemental Amendment Requests shall be reviewed and approved by the Construction Project Manager. 8.0PERFORMANCE OF THE CONSULTANT: During the term of this Agreement and all supplements thereof, the City will review various phases of Consultant operations, such as construction inspection, materials Stage I, II or III A-4 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 sampling and testing, and administrative activities, to determine compliance with this Agreement. The Consultant shall cooperate and assist City representatives in conducting the reviews. If deficiencies are indicated, the Consultant shall implement remedial action immediately upon the approval of the Construction Project Manager. City recommendations and Consultant responses/actions are to be properly documented by the Senior Project Engineer. No additional compensation shall be allowed for remedial action taken by the Consultant to correct deficiencies. Remedial actions and required response times may include but are not necessarily limited to the following: A. Further subdivide assigned inspection responsibilities, reassign inspection personnel, or assign additional inspection personnel, within one week of notification. B. Replace personnel whose performance has been determined by the City to be inadequate. Personnel whose performance has been determined to be unsatisfactory shall be removed immediately. C. Immediately increase the frequency of monitoring and inspection activities in phases of work that are the Consultant's responsibility. D. Increase the scope and frequency of training of the Consultant personnel. 9.0REQUIREMENTS: 9.1General: It shall be the responsibility of the Consultant to administer, monitor, and inspect the Construction Contract such that the project is constructed in reasonable conformity with the plans, specifications, and special provisions for the Construction Contract. The Consultant shall observe the Contractor’s work to determine the progress and quality of work, identify discrepancies, report significant discrepancies to the City, and direct the Contractor to correct such observed discrepancies. All Supplemental Agreements must be determined to be in accordance with Florida law by the City prior to approval by the Consultant. For any Supplemental Agreement, which exceeds the thresholds, the Consultant shall prepare the Supplemental Agreement as a recommendation to the City, which the City may accept, modify or reject upon review. The Consultant shall consult with the Construction Project Manager, as it deems necessary and shall direct all issues, which exceed its delegated authority to the Construction Project Manager for City action or direction. Stage I, II or III A-5 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 The Consultant shall advise the Construction Project Manager of any significant omissions, substitutions, defects, and deficiencies noted in the work of the Contractor and the corrective action that has been directed to be performed by the Contractor. Work provided by the Consultant shall not relieve the Contractor of responsibility for the satisfactory performance of the Construction Contract. 9.2Survey Control: 9.3The Consultant shall check or establish the survey control baseline(s) along with sufficient baseline control points and bench marks at appropriate intervals along the project in order to: (1) make and record such measurements as are necessary to calculate and document quantities for pay items, (2) make and record pre-construction and final cross section surveys of the project site in those areas where earthwork (i.e., embankment, excavation, subsoil excavation, etc.) is part of the construction project, and (3) perform incidental engineering surveys. On-site Inspection: The Consultant shall monitor the Contractor's on-site construction activities and inspect materials entering into the work in accordance with the plans, specifications, and special provisions for the Construction Contract to determine that the projects are constructed in reasonable conformity with such documents. The City will monitor all off-site activities and fabrication. The Consultant shall keep detailed accurate records of the Contractor's daily operations and of significant events that affect the work. Consultant shall be responsible for monitoring and inspection of Contractor’s Work Zone Traffic Control Plan and review of modifications to the Work Zone Traffic Control Plan, including Alternate Work Zone Traffic Control Plan, in accordance with the FDOT’s procedures. Consultant employees performing such services shall be qualified in accordance with the FDOT’s procedure. 9.4Sampling and Testing: The Consultant shall perform sampling and testing of component materials and completed work in accordance with the Construction Contract documents. The minimum sampling frequencies set out in the FDOT's Materials Sampling, Testing and Reporting Guide shall be met. In complying with the aforementioned guide, the Consultant shall provide daily surveillance of the Contractor's Quality Control activities at the project site and perform the sampling and testing of materials and completed work items that are normally done in the vicinity of the project for verification and acceptance. The City will perform inspection and sampling of materials and components at locations remote from the vicinity of the project and the City will perform testing of materials normally done in a laboratory remote from the project site. The Consultant shall be specifically responsible for job control samples determining the acceptability of all materials and completed work items on the basis of either test results or verification of a certification, certified mill analysis, DOT label, DOT stamp, etc. Stage I, II or III A-6 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 The City will monitor the effectiveness of the Consultant's testing procedures through surveillance and obtaining and testing independent assurance samples. Sampling, testing and laboratory methods shall be as required by the FDOT's Standard Specifications, Supplemental Specifications or as modified by the Special Provisions of the Construction Contract. Documentation reports on sampling and testing performed by the Consultant shall be submitted to responsible parties during the same week that the construction work is done. 9.5Engineering Services: The Consultant shall coordinate the Construction Contract administration activities of all parties other than the Contractor involved in completing the construction project. Notwithstanding the above, the Consultant is not liable to the City for failure of such parties to follow written direction issued by the Consultant. Services include maintaining the required level of surveillance of Contractor activities, interpreting plans, specifications, and special provisions for the Construction Contract, maintaining complete, accurate records of all activities and events relating to the project, and properly documenting all significant project changes. The Consultant shall perform the following services: (1)Schedule and attend, within ten (10) days after the Notice to Proceed, a pre-service conference for the project in accordance with City’s procedure. The Consultant shall provide appropriate staff to attend and participate in the pre-service meeting. The Consultant shall record a complete and concise record of the proceedings of the pre-service meeting and distribute copies of this summary to the participants and other interested parties within seven (7) days. The Consultant shall submit Action Request packages for Personnel Approval for immediate staff needs and a copy/computer file of the final negotiated staffing to the Construction Project Manager, either at this meeting or within seven (7) days. (2)Verify that the Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures associated with the project. For each project that requires the use of the NPDES General Permit, provide at least one inspector who has successfully completed the "Florida Storm water, Erosion, and Sedimentation Control Training and Certification Program for Inspectors and Contractors”. The Consultant’s inspector will be familiar with the requirements set forth in the FEDERAL REGISTER, Vol. 57, No. 187, Friday, September 5, 1992, pages 4412 to 4435 "Final NPDES General Permits for Storm water Discharges from Construction Sites" and guidelines developed by FDOT. Stage I, II or III A-7 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 (3)Analyze problems that arise on a project and proposals submitted by the Contractor, work to resolve such issues, and process the necessary paperwork. (4)Monitor, inspect and document utility construction for conformance with Utility Agency’s Water and Sewer Standards and the Utility Agency’s Approved Materials List. Facilitate coordination and communication between Utility Agency’s representatives, City’s staff and contractors in execution of the work. Identify potential utility conflicts and assist in the resolution of utility issues. (5)Produce reports, verify quantity calculations and field measure for payment purposes as needed to prevent delays in Contractor operations and to facilitate prompt processing of such information in order for the City to make timely payment to the Contractor. (6)Monitor each Contractor and subcontractor’s compliance with specifications and special provisions of the Construction Contract in regard to payment of predetermined wage rates in accordance with FDOT procedures. (7)Provide a Resident Compliance Specialist for surveillance of the Contractor’s compliance with Construction Contract requirements. The Resident Compliance Specialist is responsible for reviewing, monitoring, evaluating and acting upon documentation required for Construction Contract compliance, and maintaining the appropriate files thereof. Typical areas of compliance responsibility include EEO Affirmative Actions for the prime contractor and subcontractor, DBE Affirmative Action, Contractor Formal Training, Payroll, and Subcontracts. The Resident Compliance Specialist must keep all related documents and correspondence accurate and up to date; attend all compliance reviews and furnish the complete project files for review; and assist the District Contract Compliance Manager as requested. (8)The City will provide Public Information Services. (9)Prepare and submit to the Construction Project Manager monthly, a Construction Status Reporting System (CSRS) report, in a format to be provided by the City. (10)Video tape the pre-construction conditions throughout the project limits. Provide a digital photo log or video of project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy. (11)The Consultant shall have a digital camera for photographic documentation of pre-construction state and of noteworthy incidents or events during construction. Stage I, II or III A-8 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 These photographs will be filed and maintained on the Consultant’s computer using the LYNX Digital Photo Management system or equivalent. Copies of photographs will be electronically transferred to the CPM at an interval determined by the Senior Project Engineer and the Construction Project Manager. The taking of the photographs shall begin the day prior to the start of construction and continue regularly throughout this project. Photographs shall be taken the days of Conditional, Partial and Final Acceptance. 9.6Utility Coordination : It shall be the responsibility of the Consultant to monitor utility coordination such that it is in reasonable conformance to Plans and City and FDOT standards, policies, procedures, and design criteria. The Department’s Standards, policies, procedures, and design criteria are contained in the current adopted Design Standards, Standard Specifications for Road and Bridge Construction, Rule 14- 46.001 (Utility Accommodation Manual), Utility User’s Guide, and any Supplemental Specification, Provision, or Agreement. The Consultant may employ more than one individual or utility engineering consultant to provide utility coordination. However, the Consultant shall employ and identify a single full time dedicated person responsible for managing all utility coordination. This person shall be contractually referred to as the Utility Coordinator and shall be identified in the Consultant’s proposal. The Utility Coordinator shall be responsible for, but not limited to, the following: 1.Making sure Utility Coordination is conducted in accordance to the City and FDOT standards, policies, procedures, and design criteria. 2.Scheduling utility meetings, keeping and distribution of minutes of all utility meetings, and ensuring expedient follow-up on all unresolved issues. 3.Distributing all plans, conflict matrixes and changes to affected utility owners and making sure this information is properly coordinated. 4.Identifying and coordinating the completion of any Department or utility owner agreement that is required for reimbursement, or accommodation of the utility facilities associated with the construction project. 5.Assisting the Engineer of Record and the Contractor with resolving utility conflicts. 6.Reviewing of all Utility Work Schedules. 7.Handling reimbursable issues inclusive of betterment and salvage determination. Stage I, II or III A-9 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 10.0PERSONNEL: 10.1General Requirements: The Consultant shall staff the project with the qualified personnel necessary to efficiently and effectively carry out its responsibilities under this Agreement. Method of compensation for personnel assigned to this project is outlined in Exhibit “B.” Unless otherwise agreed by the City, the City will not compensate straight overtime or premium overtime for the positions of Senior Project Engineer, Project Administrator, Contract Support Specialist, and Associate Contract Support Specialist. 10.2Personnel Qualifications: The Consultant shall utilize only competent personnel, qualified by experience, and education. The Consultant shall submit in writing to the Construction Project Manager the names of personnel proposed for assignment to the project, including a detailed resume for each containing at a minimum salary, education, and experience. The Consultant Action Request form for personnel approval shall be submitted to the Construction Project Manager at least two weeks prior to the date an individual is to report to work. Personnel identified in the Consultant technical proposal are to be assigned as proposed and are committed to performing services under this Agreement. Personnel changes will require written approval from City. Staff that has been removed shall be replaced by the Consultant within one week of City notification. Before the project begins, all project staff shall have a working knowledge of the current CPAM and must possess all the necessary qualifications/certifications for obtaining the duties of the position they hold. Cross training of the Consultant’s project staff is highly recommended to achieve a knowledgeable and versatile project inspection team but shall not be at any additional cost to the City and should occur as workload permits. Visit the training page on the State Construction Office website for training dates. Minimum qualifications for the Consultant personnel are set forth as follows. Exceptions to these minimum qualifications will be considered on an individual basis. However, a Project Administrator working under the supervision and direction of a Senior Project Engineer or an Inspector working under the supervision and direction of a Senior Inspector shall have six months from the date of hire to obtain the necessary qualifications/certifications provided, all other requirements for such positions are met and the Consultant submits a training plan detailing when such qualifications/certifications will be obtained and other training to familiarize with FDOT’s procedures, Specifications and Design Standards. The District Construction Engineer or designee will have the final approval authority on such exceptions. Stage I, II or III A-10 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 SENIOR PROJECT ENGINEER - A Civil Engineer degree and be registered in the State of Florida as a Professional Engineer (or if registered in another state, the ability to obtain registration in the State of Florida within six months) and six (6) years of engineering experience [(two (2) years of which are in major road or bridge construction)] or [(five (5) of which are in major bridge construction) - for Complex Bridge Projects], or for non-degreed personnel the aforementioned registration and ten (10) years of engineering experience (two (2) years of which are in major road or bridge construction). Qualifications include the ability to communicate effectively in English (verbally and in writing); direct highly complex and specialized construction engineering administration and inspection program; plans and organizes the work of subordinate and staff members; develops and/or reviews policies, methods, practices, and procedures; and reviews programs for conformance with FDOT standards. Also must have the following: Qualification: FDOT Advanced MOT Pass the CTQP examination covering the training video “Grouting of Bridge Post-tensioning Tendons” (If applicable) Attend the CTQP Quality Control Manager course and pass the examination. Certifications: None A Master's Degree in Engineering may be substituted for one (1) year engineering experience. A Civil Engineering degree plus two (2) years PROJECT ADMINISTRATOR - of engineering experience in construction of major road or bridge structures, or for non-degreed personnel eight (8) years of responsible and related engineering experience, two (2) years of which involved construction of major road or bridge structures with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, be a registered professional engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida within six (6) months) and have a Civil Engineering degree plus five (5) years, or be non-registered with eight (8) years, of general bridge construction experience of which two (2) years for registered project administrators, or four (4) years for non-registered project administrators, must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of twelve (12) months of experience as the Project Administrator in primary control of the type of CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Project Administrator must have supervised two or more inspectors as well as two or more support staff (Office Manager, Compliance Officer, and Secretary) and must have been directly responsible for all CEI services assigned. CPTS years of experience must have included a minimum of twelve (12) months experience in each of the following areas: (1) casting yard operations Stage I, II or III A-11 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 and related surveying; (2) segment erection and related surveying, post- tensioning (PT) of tendons and grouting of prestressing steel. CPTCB years of experience must include monitoring of the following: girder erection, safe use of girder erection cranes, stabilization of girders after erection, false work for temporary girder support, and PT and grouting operations. MB years of experience must have been in MB mechanical and/or electrical construction. Receives general instructions regarding assignments and is expected to exercise initiative and independent judgment in the solution of work problems. Directs and assigns specific tasks to inspectors and assists in all phases of the construction project. Will be responsible for the progress and final estimates throughout the construction project duration. Must have the following: Qualifications: FDOT Intermediate MOT Pass the CTQP examination covering the training video “Grouting of Bridge Post-tensioning Tendons” (If applicable) CTQP Final Estimates Level II Certifications: SSPC course: C-3 Supervisor/Competent Person Training for Deleading of Industrial Structures (If applicable) Other: Attend CTQP Quality Control Manager Course and pass the examination. A Master's Degree in Engineering may be substituted for one (1) year of engineering experience CONTRACT SUPPORT SPECIALIST - A High School diploma or equivalent and four (4) years of road & bridge construction engineering inspection (CEI) experience having performed/assisted in project related duties (i.e., CQR/LIMS, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.) or a Civil Engineering. Should exercise independent judgment in planning work details and making technical decisions related to the office aspects of the project. Should be familiar with the FDOT’s Procedures covering the project related duties as stated above and be proficient in the computer programs necessary to perform these duties. Shall become proficient in Multi-Line and Engineering Menu. Qualifications: CTQP Final Estimates Level II ASSOCIATE CONTRACT SUPPORT SPECIALIST - High school graduate or equivalent plus three (3) years of secretarial and/or clerical experience including two (2) years experience in construction office management having performed project related duties (i.e., CQR, progress and final estimates, EEO compliance, processing Construction Contract changes, etc.). Ability to type at a Stage I, II or III A-12 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 rate of 35 correct, words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Assists the Project Administrator in office related duties (i.e., CQR, progress, and final estimates, EEO compliance, Processing Construction Contract changes, etc.) Project specific. Work under the general supervision of the Senior Project Engineer and staff. Note: This position will not be used if a Contract Support Specialist is utilized. RESIDENT COMPLIANCE SPECIALIST - Graduation from an accredited high school or equivalent with one (1) year of experience as a resident compliance officer on a construction project or two (2) years of assisting the compliance officer in monitoring the project. Should have prior experience in both State funded and Federal Aid funded construction projects with FDOT and knowledge of EEO/AA laws and FDOT’s DBE and OJT programs. Ability to analyze, collect, evaluates data, and take appropriate action when necessary. Must attend all training workshops or meetings for Resident Compliance Specialists as determined necessary. High school graduate or SENIOR INSPECTOR/SENIOR ENGINEER INTERN – equivalent plus four (4) years of experience in construction inspection, two (2) years of which shall have been in bridge and/or roadway construction inspection with the exception of Complex Category 2 (CC2) bridge structures. For CC2 bridge structures, be a high school graduate or equivalent and have five (5) years of general bridge construction experience of which two (2) years must have been with the type of CC2 bridge construction project for which CEI services are being provided by this scope. Additionally, a minimum of twelve (12) months of experience as the Senior Inspector in primary control of the type CC2 construction project for which CEI services are being provided by this scope. To be in primary control, a Senior Inspector must have supervised two or more inspectors and must have been directly responsible for all inspection requirements related to the construction operations assigned. CPTS years of experience must have included a minimum of twelve (12) months of inspection experience in one or both of the following depending on which area the inspector is being approved for: (1) casting yard inspection; (2) erection inspection. In addition, two (2) years of geometry- control surveying experience is required for inspectors that perform or monitor geometry control surveying in a casting yard. CPTCB years of experience must include monitoring and inspection of the following: girder erection, safe use of girder erection cranes, girder stabilization after erection, false work for temporary girder support, and PT and grouting operations. MB years of experience must have included the inspection of MB mechanical components for machinery inspectors and MB electrical components/systems for electrical inspectors. Must have the following: Qualifications: Stage I, II or III A-13 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 CTQP Concrete Field Inspector Level I CTQP Concrete Transportation Construction Inspector (CTCI) Level II (all bridges) CTQP Asphalt Roadway Level I (If applicable) CTQP Asphalt Roadway Level II (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Earthwork Construction Inspection Level II CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable – required for inspection of all drilled shafts including miscellaneous structures such as Sign structures, Lighting structures, and Traffic Signal structures) CTQP Grouting Technician Level I (If applicable) CTQP Post-Tensioning Technician Level I (If applicable) FDOT Intermediate MOT CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety SSPC course: C-3 Supervisor/Competent Person Training for Deleading of Industrial Structures (If applicable) or a Civil Engineering degree and one (1) year of road & bridge CEI experience with the ability to earn additional required qualifications within one year. (Note: Senior Engineer Intern classification requires one (1) year experience as an Engineer Intern.) Responsible for performing highly complex technical assignments in field surveying and construction layout, making, and checking engineering computations, inspecting construction work, and conducting field tests and is responsible for coordinating and managing the lower level inspectors. Work is performed under the general supervision of the Project Administrator. INSPECTOR/ENGINEER INTERN - High school graduate or equivalent plus two (2) years experience in construction inspection, one (1) year of which shall have been in bridge and/or roadway construction inspection, plus the following: Qualifications: CTQP Concrete Field Inspector Level I CTQP Asphalt Roadway Level I (If applicable) CTQP Earthwork Construction Inspection Level I CTQP Pile Driving Inspection (If applicable) CTQP Drilled Shaft Inspection (If applicable– required for inspection of all drilled shafts including miscellaneous structures such as Sign structures, Lighting structures, and Traffic Signal structures) CTQP Final Estimates Level I Certifications: Nuclear Radiation Safety Stage I, II or III A-14 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 Or a Civil Engineering degree with the ability to earn additional required qualifications within one year. (Note: Engineer Intern classification requires E.I.T. certificate.) Responsible for performing assignments in assisting Senior Inspector in the performance of their duties. Receive general supervision from the Senior Inspector who reviews work while in progress. Civil Engineering graduates must obtain certifications within the first year of working as an inspector or Engineer Intern. Exceptions will be permitted on a case-by-case basis so long as qualifications and certifications are appropriate for specific inspection duties. ASPHALT PLANT INSPECTOR - High School graduate or equivalent plus one (1) year experience in the surveillance and inspection of hot mix asphalt plant operations and the following: Qualifications: CTQP Asphalt Plant Level I CTQP Asphalt Plant Level II CTQP Final Estimates Level I Certifications: None INSPECTORS AIDE - High School graduate or equivalent and able to perform basic mathematical calculation and follow simple technical instructions. Duties are to assist higher-level inspectors. SURVEY PARTY CHIEF - High School graduate plus four years of experience in construction surveying (including two (2) years as Party Chief). Experienced in field engineering and construction layout, making and checking survey computations and supervising a survey party. Work is performed under general supervision of Project Administrator. INSTRUMENT-MAN - High school graduate plus three (3) years of experience in construction surveying one (1) year of which shall have been as instrument-man. Responsible for performing assignments in assisting Party Chief in the performance of their duties. Receives general supervision from Party Chief who reviews work while in progress. ROD-MAN/CHAIN-MAN - High school graduate with some survey experience or training preferred. Receives supervision from and assists Party Chief who reviews work while in progress. SECRETARY/CLERK TYPIST - High school graduate or equivalent plus two (2) years of secretarial and/or clerical experience. Ability to type at a rate of 35 correct words per minute. Experienced in the use of standard word processing software. Should exercise independent initiative to help relieve the supervisor of clerical detail. Work under general supervision of the Senior Project Engineer and their staff. Stage I, II or III A-15 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 ENVIRONMENTAL SPECIALIST - A bachelors degree with a major in one of the physical or natural sciences or engineering and two (2) years of professional experience in environmental protection, regulation or health; one of the physical or natural sciences; or engineering; or a Masters degree in one of the physical or natural sciences or engineering and one (1) year of professional experience described above; or a Doctorate degree in one of the physical of natural sciences or engineering or one (1) year of experience as an Environmental Specialist I with the State Of Florida. Receives general instruction regarding assignments and is expected to exercise initiative, and independent judgment in the solution of work problems. Must have knowledge of the terminology, principles, data collection, and analytical techniques and procedures of the physical or natural sciences. Also must have ability to collect, evaluate, analyze, and interpret scientific or technical data. CASTING YARD ENGINEER/MANAGER - CONCRETE POST- TENSIONED SEGMENTAL BOX GIRDER BRIDGES (CPTS) - Be a registered Professional Engineer in the State of Florida (or if registered in another state, have the ability to obtain registration in Florida within 6 months) with a minimum of one (1) year, or non-registered with a minimum of three (3) years, of experience with the use of geometry control computer programs and with the performance of surveying procedures required for the production of precast concrete box segments at a casting yard. UTILITY COORDINATOR - High school graduate or equivalent and be knowledgeable of FDOT’s Standards, policies, procedures, and agreements and shall have a minimum of 4 years of experience performing utility coordination in accordance with FDOT’s Standards, policies, procedures, and agreements. 10.3Staffing: Once authorized, the Consultant shall establish and maintain an appropriate staff through the duration of construction and completion of the final estimate. Responsible personnel, thoroughly familiar with all aspects of construction and final measurements of the various pay items, shall be available to resolve disputed final pay quantities until the appropriate Construction Contract has been paid off. Construction engineering and inspection forces will be required of the Consultant at all times while the Contractor is working. If Contractor operations are substantially reduced or suspended, the Consultant will reduce its staff appropriately. In the event that the suspension of Contractor operations requires the removal of Consultant forces from the project, the Consultant will be allowed ten (10) days maximum to demobilize, relocate, or terminate such forces. Stage I, II or III A-16 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 11.0QUALITY ASSURANCE (QA) PROGRAM: 11.1Quality Reviews: The CCEI shall perform an initial QA review within the first two (2) months of the start of construction. On asphalt projects, the CCEI shall perform an initial QA review on its asphalt inspection staff after the Contractor has completed ten (10) full work days of mainline asphalt paving operations, or 25% of the asphalt pay item amount (whichever is less) to validate that all sampling, testing, inspection, and documentation are occurring as required of the CCEI staff. 11.2QA Plan: Within thirty (30) days after receiving award of an Agreement, the Consultant shall furnish a QA Plan to the Construction Project Manager. The QA Plan shall detail the procedures, evaluation criteria, and instructions of the Consultant’s organization for providing services pursuant to this Agreement. Unless specifically waived, no payment shall be made until the City approves the Consultant QA Plan. Significant changes to the work requirements may require the Consultant to revise the QA Plan. It shall be the responsibility of the Consultant to keep the plan current with the work requirements. The Plan shall include, but not be limited to, the following areas: A.Organization: A description is required of the Consultant QA Organization and its functional relationship to the part of the organization performing the work under the Agreement. The authority, responsibilities and autonomy of the QA organization shall be detailed as well as the names and qualifications of personnel in the quality control organization. B.Quality Reviews: The Consultant QA shall detail the methods used to monitor and achieve organization compliance with Agreement requirements for services and products. C.Quality Records: The Consultant will outline the types of records, which will be generated and maintained during the execution of his QA program. D.Control of Sub-consultants and Vendors: The Consultant will detail the methods used to control sub-consultants and vendor quality. Stage I, II or III A-17 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 E.Quality Assurance Certification: An officer of the Consultant firm shall certify that the inspection and documentation was done in accordance with FDOT specifications, plans, standard indexes, and FDOT procedures. 11.3Quality Records: The Consultant shall maintain adequate records of the quality assurance actions performed by his organization (including subcontractors and vendors) in providing services and products under this Agreement. All records shall indicate the nature and number of observations made, the number and type of deficiencies found, and the corrective actions taken. These records shall be available to the City, upon request, during the Agreement term. All records shall be kept at the primary job site and shall be subject to audit review. 12.0CERTIFICATION OF FINAL ESTIMATES: 12.1Final Estimate and As-Built Plans Submittal: Prepare documentation and records in compliance with the Agreement, Statewide Quality Control (QC) Plan, or Consultant’s approved QC Plan and the FDOT’s Procedures. Submit the Final Estimate(s) and one (1) set of final “as-built plans” documenting Contractor’s work (one record set with two copies) as follows: (a)Within thirty (30) calendar days of final acceptance; or (b)Where all items of work are complete and conditional/partial acceptance is utilized (Lighting, Plant establishment, etc.) for a period exceeding thirty (30) calendar days, the final estimate(s) th will be due on the thirtieth (30) day after conditional/partial acceptance. The Consultant shall be responsible for making any revisions to the Certified Final Estimate at no additional cost to the City. 12.2Certification: Consultant personnel preparing the Certified Final Estimate Package shall be CTQP Final Estimates Level II. Duly authorized representative of the Consultant firm will provide a notarized certification on a form pursuant to FDOT procedures. 12.3Offer of Final Payment: The Consultant shall prepare the Offer of Final Payment package as outlined in Chapter 14 of the Review and Administration Manual. The package shall accompany the Certified Final Estimates Package submitted to the DFEO. The Stage I, II or III A-18 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 Consultant shall be responsible for forwarding the Offer of Final Payment Package to the Contractor. 13.0AGREEMENT MANAGEMENT: 13.1General: (1)With each monthly invoice submittal, the Consultant Senior Project Engineer will provide a reviewed and approved Status Report for the Agreement. This report will provide the Consultant Senior Project Engineer's accounting of the additional Agreement calendar days allowed to date, an estimate of the additional Agreement calendar days anticipated to be added to the original Agreement schedule time, an esti- mate of the Agreement completion date, and an estimate of the Consultant funds expiration date per Agreement schedule for the prime Consultant and for each sub-consultant. (2)When the Consultant identifies a condition that will require an Amendment Request (AR) to the Agreement, the Consultant Project Principal or Consultant Senior Project Engineer will communicate the need to the Construction Project Manager for an approval in concept. Once received, the Consultant shall prepare and submit the AR, and all accompanying documentation to the Construction Project Manager for approval and further processing. The Consultant shall submit ARs to allow the City 12 weeks to process, approve, and execute the AR. The content and format of the AR and accompanying documentation shall be in accordance with the instructions and format to be provided by the City. (3)When the Consultant identifies a condition that will require a Supple- mental Amendment Request (SAR) to the Agreement, the Consultant Project Principal or Consultant Senior Project Engineer will communicate this condition/need to the Construction Project Manager and request approval in concept. Once received, the Consultant shall prepare and submit the SAR, and all accompanying documentation to the Construction Project Manager for approval and further processing. The Consultant shall submit SARs to allow the City 12 weeks to process, approve, and execute the SAR. The content and format of the SAR and accompanying documentation shall be in accordance with the instructions and format to be provided by the City. (4)The Consultant Project Principal or Consultant Senior Project Engineer for the project shall be responsible for performing follow-up activities to determine the status of each AR and SAR submitted to the City. 13.2Invoicing Instructions: Monthly invoices shall be submitted to the City in a format and distribution schedule defined by the City, no later than the 20th day of the following month. Stage I, II or III A-19 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 If the Consultant cannot submit their monthly invoice on time, the Consultant shall notify the City, prior to the due date the reason for the delay and the planned submittal date. Once submitted, the Consultant Project Principal or Senior Project Engineer shall notify the Construction Project Manager via e-mail of the total delay in calendar days and the reason(s) for the delay(s). All invoices shall be submitted to the City in electronic and hard copy formats in accordance with District Construction and Consultant Invoice Transmittal System (CITS) procedures. The Construction Project Manager must receive hard copy documentation within three (3) workdays of electronic submittal or the electronic submittal will be rejected. (Saturday, Sunday, and City holidays are not considered workdays). th day following A Final Invoice will be submitted to the City no later than the 30 Final Acceptance of the individual project or as requested by the City. 14.0SUBCONSULTANT SERVICES Upon written approval by the Construction Project Manager and the City, and prior to performance of work, the Consultant may subcontract for engineering surveys, materials . testing, or specialized professional services 15.0OTHER SERVICES: Upon written authorization by the City or designee, the Consultant will perform additional services in connection with the project not otherwise identified in this Agreement. The following items are not included as part of this Agreement, but may be required by the City to supplement the Consultant services under this Agreement. A. Assist in preparing for arbitration hearings or litigation that occurs during the Agreement time in connection with the construction project covered by this Agreement. B. Provide qualified engineering witnesses and exhibits for any litigation or hearings in connection with the Agreement. C. Provide on- and off-site inspection services in addition to those provided for in this Agreement. 16.0POST CONSTRUCTION CLAIMS REVIEW: In the event the Contractor submits a claim for additional compensation and/or time after the Consultant has completed this Agreement, the Consultant shall, upon execution by the City and the Consultant of an Amendment to this Agreement providing for compensation for such services, analyze the claim, engage in negotiations leading to settlement of the claim, and prepare and process the required documentation to close out the claim. Compensation for such services will be negotiated and effected through a Supplement to this Agreement. Stage I, II or III A-20 Date Financial Project ID (s): 420412-1-58-01 & 420412-2-58-01 17.0CONTRADICTIONS: In the event of a contradiction between the provisions of this Scope of Services and the Consultant’s proposal as made a part of their Agreement, the provisions of the Scope of Services shall apply. 18.0THIRD PARTY BENEFICIARY It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary hereunder, or to authorize anyone not a party to this Agreement to maintain a claim, cause of action, lien or any other damages or any relief of any kind pursuant to the terms or provisions of this Agreement. 19.0CITY AUTHORITY The City shall be the final authority in considering contract modification of the Contractor for time, money or any other consideration except matters agreed to by the Contractor through contract changes negotiated by the Consultant, as authorized in Section 9.1 herein Stage I, II or III A-21 Date MEMORANDUM TO:Mayor and City Commissioners FROM:David. T. Harden, City Manager DATE:December 20, 2012 AGENDA ITEM 8.G. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: RESOLUTION NO. 01-13 ITEM BEFORE COMMISSION This is a resolution assessing costs for abatement action required to remove nuisances on 11 properties throughout the City. BACKGROUND The resolution sets forth the actual costs incurred and provides the mechanisim to attach liens against the properties if the assessments remain unpaid. RECOMMENDATION Recommend approval of Resolution No. 01-13. COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCE PROPERTY DESCRIPTIONOWNERASSESSMENT 238 SE 4TH AVENUE LINNS ADD TO OSCEOLA PARK DELRAY LOTS 22 & 23 BLOCK 95Frederick Hoffman PCN 12 43 46 16 04 095 0220388 Driftwood Terrace CASE NO. NA12-29809Boca Raton, FL 33431 $ Invoice No. 3809595.00 $ Admin Fee55.00 $150.00 602 SE 3RD AVENUEDurone B. Loute OSCEOLA PARK LOT 19 BLOCK 7Feigens Loute PCN 12 43 46 21 01 007 0190602 SE 3rd Avenue CASE NO. NA12-30507Delray Beach, FL 33483 $ Invoice No. 38096125.00 $ Admin Fee55.00 $180.00 1314 SW 22ND AVENUE DELRAY BEACH HIGHLANDS SEC 3 LOT 8 BLOCK 8Jorge Vidaure PCN 12 43 46 19 04 008 00801314 SW 22nd Avenue CASE NO. NA12-29808Delray Beach, FL 33445 $ Invoice No. 3809875.00 $ Admin Fee55.00 $130.00 805 SW 7TH AVENUE COLONIAL HEIGHTS LOT 6 BLOCK 21811 Meadows Group LLC PCN 12 43 46 20 03 002 0060308 SW 27th Terrace CASE NO. NA12-29472Delray Beach, FL 33445 $ Invoice No. 38099175.00 $ Admin Fee55.00 $230.00 520 SW 9TH STREET DELRAY MANOR ADD TO DELRAYStacey Sanders E 40 FT OF LOT 86 & W 20 FT OF LOT 87Cassandra Sanders PCN 12 43 46 20 12 000 0861826 SW 4th Avenue CASE NO. NA12-29912Delray Beach, FL 33444 $ Invoice No. 38102150.00 $ Admin Fee55.00 $205.00 VIOLATIONIS:SECTION100.01[!b5TOBEKEPTFREEOFDEBRIS, VEGETATION,ANDMATTERCONSTITUTESHAZARDS;DECLAREDNUISANCE RES NO. 01-13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTIONOWNERASSESSMENT 380 SE 5TH AVENUE OSCEOLA PARK LOT 10 /LESS E 10 FT RDHare, Hare, Hare Inc. R/W/ BLOCK 104c/o Robert L. Hornung, R/A PCN 12 43 46 21 01 104 0100366 SE 5th Avenue CASE NO. NA12-29766Delray Beach, FL 33483 $ Invoice No. 38103100.00 $ Admin Fee55.00 $155.00 2422 SUNDAY AVENUE SOUTHRIDGE LOT 10 BLOCK 7Bank of New York Mellow TR PCN 12 43 46 20 13 007 01002900 N. Madera Road CASE NO. NA12-30108Simi Valley, CA 93065 $ Invoice No. 38104125.00 $ Admin Fee55.00 $180.00 2919 DOLPHIN DRIVE DELRAY SHORES 1ST ADDITION LOT 14 BLOCK 13Willie Hicks, Jr. PCN 12 43 46 07 02 013 01402919 Dolphin Drive CASE NO. RN12-30983Delray Beach, FL 33445 $ Invoice No. 3810775.00 $ Admin Fee55.00 $130.00 2320 GREENBRIER DRIVEDonald Tabor WOODVUE LOT 11Melissa Tabor PCN 12 43 46 30 05 000 01102320 Greenbrier Drive CASE NO. NA12-28503Delray Beach, FL 33445 $ Invoice No. 38108200.00 $ Admin Fee55.00 $255.00 319 SW 11TH AVENUE BELLEHAVEN UNIT B LOT 17Elberta Crawford PCN 12 43 46 17 39 000 0170319 SW 11th Avenue CASE NO. NA12-28582Delray Beach, FL 33444 $ Invoice No. 3810975.00 $ Admin Fee55.00 $130.00 VIOLATIONIS:SECTION100.01[!b5TOBEKEPTFREEOFDEBRIS, VEGETATION,ANDMATTERCONSTITUTESHAZARDS;DECLARED NUISANCE 2RES NO. 01-13.xls COST OF ABATING NUISANCES UNDER CHAPTER 100 OF THE CODE OF ORDINANCES PROPERTY DESCRIPTIONOWNERASSESSMENT Poyner & Cort 1119 N VISTA DEL MAR DRIVEAlan Lederfeind Tr Title Holder DELRAY BEACH ESPLANADE LT 4, E 1/2 OF 23108 Post Gardens Way #213 LT 5 & S 10 FT ABND LAING ST LYG N OF & ADJ Boca Raton, FL 33433 TO PCN 12 43 46 16 18 000 00401119 Vista Del Mar CASE NO. NA12-29705Delray Beach, FL 33483 $ Invoice No. 38110100.00 $ Admin Fee55.00 $155.00 VIOLATIONIS:SECTION100.01[!b5TOBEKEPTFREEOFDEBRIS, VEGETATION,ANDMATTERCONSTITUTESHAZARDS;DECLARED NUISANCE 3RES NO. 01-13.xls MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:December 28, 2012 AGENDA ITEM 8.H. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: LAND USE RESTRICTION AGREEMENT: 310 SOUTHRIDGE ROAD ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions for 310 Southridge Road, Delray Beach, Florida 33444. BACKGROUND The following homeowner is the beneficiary of a Neighborhood Stabilization Program property, 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 the following property: Sandra Eugene, 310 Southridge Road, Delray Beach, Florida 33444 The Land Use Restriction Agreement establishes that the homeowner(s) shall comply with certain use restrictions as a beneficiary of the purchase. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement and Deed Restrictions for 310 Southridge Road, Delray Beach, Florida 33444. MEMORANDUM TO:Mayor and City Commissioners FROM:Lula Butler, Director, Community Improvement THROUGH:David Harden, City Manager DATE:December 28, 2012 AGENDA ITEM 8.I. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 2216 N.E. 3RD AVENUE ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction rd Agreement and Deed Restrictions for 2216 NE 3 Avenue, Delray Beach, Florida 33444. BACKGROUND The following homeowner is the beneficiary of a Neighborhood Stabilization Program property 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 the following property: rd Jean C. Julien, 2216 NE 3 Avenue, Delray Beach, Florida 33444 The Land Use Restriction Agreement establishes that the homeowner(s) shall comply with certain use restrictions as a beneficiary of the purchase. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement rd and Deed Restrictions for 2216 NE 3 Avenue, Delray Beach, Florida 33444. This instrument prepared by and return to: City of Delray Beach Neighborhood Services Division st 100 NW 1 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 C. Julien (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 2216 NE 3rd 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 st 100 NW 1 Avenue Delray Beach, Florida 33444 With copies by U.S. mail to: City of Delray Beach Neighborhhood Service Administrator Neighborhood Services Division st 100 NW 1 Avenue Delray Beach, Florida 33444 Director Community Improvement Department st 100 NW 1 Avenue Delray Beach, Florida 33444 For the Owner: Jean C. Julien 2216 NE 3rd 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 OWNER _______________________________ By:_____________________________ _______________________________ Print Name:______________________ Title:____________________________ By:_____________________________ Print Name:______________________ Phone Number:___________________ Date:___________________________ ATTEST: CITY Office of City Clerk CITY OF DELRAY BEACH, FLORIDA by and through its City Commission By: __________________________ By:____________________________ Mayor Date of Execution: _______________ 3 Attachment A Real property located at 2216 NE 3rd Avenue, Florida 33444 generally described as: Seacrest Park Lot 2, Block 7, according to the map or plat thereof as recorded in Plat Book 24154, Page 1309, 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 28, 2012 AGENDA ITEM 8.J. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: LAND USE RESTRICTION AGREEMENT AND DEED RESTRICTIONS: 5175 N.W. 6TH STREET ITEM BEFORE COMMISSION Request is for City Commission approval of Neighborhood Stabilization Program Land Use Restriction th Agreement and Deed Restrictions for 5175 NW 6 Street, Delray Beach, Florida 33444. BACKGROUND The following homeowner is the beneficiary of a Neighborhood Stabilization Program property 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 the following property: th Nicaisse Eloi, 5175 NW 6 Street, Delray Beach, Florida 33444 The Land Use Restriction Agreement establishes that the homeowner(s) shall comply with certain use restrictions as a beneficiary of the purchase. RECOMMENDATION Staff recommends approval of Neighborhood Stabilization Program Land Use Restriction Agreement th and Deed Restrictions for 5175 NW 6 Street, Delray Beach, Florida 33444. MEMORANDUM TO:Mayor and City Commissioners FROM:Danielle Connor, Fire Chief THROUGH:David T. Harden, City Manager DATE:December 17, 2012 AGENDA ITEM 8.K. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: PROPOSAL / SAFE TRANSPORTATION TRAINING SPECIALISTS ITEM BEFORE COMMISSION This item is before the Commission for approval to fund a six (6) day Hazardous Materials Training Course. BACKGROUND The Fire-Rescue Department has a need to purchase a six (6) day training course on Tank Truck Emergency Response from Safe Transportation Training Specialist for our Hazardous Materials technicians. This training course is broken into (3) 2 day classes covering the different construction features, safety features and operational procedures for low pressure, high pressure and specialized cargo transportation vehicles. These classes feature valuable hands on training combined with multi-media classroom sessions and training props that display the valves, piping and safety features of cargo vessels that we respond to for emergency incidents. Funding is found in the Operations budget. The cost is $28,497.00 and is reimbursable through the State Homeland Security Grant Program. FUNDING SOURCE 001-2315-526-54.30 RECOMMENDATION Staff recommends approval. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:December 19, 2012 AGENDA ITEM 8.L. -REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: INTERLOCAL AGREEMENT/ PALM BEACH COUNTY: ISS SERVICES ITEM BEFORE COMMISSION Interlocal Agreement with Palm Beach County and the City of Delray Beach regarding Palm Beach County ISS Services. BACKGROUND The City of Delray Beach and Palm Beach County desire to enter into an Interlocal Agreement which provides for the joint use of County IT assets. The Citys Internet is connected through Palm Beach County to the high-speed Floridas network that is connected to the very high-speed national network infrastructure. This high-speed capacity connection is called the LambdaRail. It is a non-profit organization for government and university use only. We have an interlocal agreement with Palm Beach County to utilize this connection for only $8,400 per year. The County wishes to replace that interlocal agreement with the attached interlocal agreement. This Interlocal Agreement also provides for the placement, by the County, of wifi antenna on certain FPL poles for the Digital Divide Program. Under the terms of the Interlocal Agreement the City will reimburse the County for the annual electric cost as well as the annual FPL pole attachment fee, which equates to an annual cost per pole of approximately $179.00. There are currently 48 poles designated to receive the wifi antenna. This results in an annual cost of $8592.00. RECOMMENDATION Staff recommends approval of the agreement. MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:December 26, 2012 AGENDA ITEM 8.M. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: INTERLOCAL AGREEMENT/PALM BEACH COUNTY DROWNING PREVENTION COALITION ITEM BEFORE COMMISSION Request approval to renew the Interlocal Agreement with Palm Beach County Drowning Prevention Coalition ("DPC") for payment of swimming lesson classes to individuals who present vouchers issued by the DPC Learn to Swim Program. BACKGROUND The County through its Drowning Prevention Coalition's Learn to Swim Program, distributes vouchers to the public which may be redeemed for swimming lessons at Pompey Park Pool. The County reimburses the City up to $50.00 per voucher. This is the seventh year the City of Delray Beach has entered into an agreement with Palm Beach County to provide swimming lessons. RECOMMENDATION Staff recommends approval of the Interlocal Agreement with Drowning Prevention Coalition's Learn to Swim Program for payment of swimming lesson fees not to exceed $50.00 per voucher. Aqquatics Diivision To:Drowni Prevention oalition of PalmBeach Count nngCCy From GerardA. Smith :: quatis Operations Spervisor Accuu 1101NW 2nd Streeet Deelray Beach Date:Decemer 15, 2012 bb Florida Detais: 2013 Group Swim Lesons; Fees; Courses; Descriptions; Instructor / tudent Ratio llssSS 33444 Locations: Delraeach AquaticsDivision yBB Pomp Park Poolat1101 NW 2nd treet Delra Bech, FL33444 eeySSyaa Phone Fees: $30.00for Delra Beach Residents yc (5611) 243 - 7358 $40.00for Non-DelraBeach Residens yBtt Swimlessons Instructedd:Springswim lessons held during thee month of Marrch, April, & Maay Fax (5611) 243 - 7346 Session I (3/07/13-3/330/13) W/F (3//06/13-29/13) TT/TH, (3/03/13--4/21/13) S Session II (4/10/13-5//03/13) T/TH, ((4/11/13-5/04/113) W/F, (4/28/13-6/16/13) S E-Mail Session III (5/15/13-66/07/13) T/TH, (5/16/13-6/08/ 13) W/F smithg@mmydelraybeach.coom Summeer lessons heldd in the monthss of June, July,, & August Session I (6/19/13 - 77/12/13) T/TH, (6/20/13-7/13/13) W/F, (6/23//13-8/11/13) S OOn the Web Session II (7/24/13 –08/16/13) T/THH, (7/25/13-8/17/13) W/F www.myydelraybeach.comm Paren & Child Aqutics 11am-1:30am 3-3:0pm ttaa1133 Coursee: Develooped for childreen 6 months-5 yyrs. of age, Ammerican Red Crross standards Parent& Child Aquattics builds swimmming readinesss by emphasizzing fun in the watter. Parents and children participate in sseveral guided practice sessioons that help chhildren learn eleementary skillss, including watter entry, bubble blowing, front kicking, back flooating, underwaater explorationn and more. Once cchildren can peerform basic skkills without parrental assistancce, they may beegin Learn-to-SSwim courses. Coursee length / fee and EightCClass course; WWednesday & FFriday/Saturday (only) 1/2 hour classes instruuction; Numbeer Enrolled: O ne insstructor/10 Students. Level II 10-10:30am 4-4:30pmm /5-5:30pm Coursee:(55yrs +) Introduuction to Water rSkills: helps sttudents feel coomfortable in thhe water and to enjoy the wateer safely. Coursee length / fee and Two weeek course; Tuuesday & Thurssday/Saturday (only) 1/2 hourr classes Numbeer Enrolled: One Instructor with WWSI Aid /10 Stuudents Level III 10-10:30amm 4-4:30pmm /5-5:30pm Coursee: (55yrs +) Fundammental Aquaticc Skills: gives sstudents successs with fundammental skil ls Coursee length / fee and Two weeek course; Tuuesday & Thurssday/Saturday(only) 1/2 hourr classes Numbeer Enrolled: One Instructor with WWSI Aid /10 Stuudents. Level IIII 10-10:30amm 4-4:30pmm/5-5:30pm Coursee: (55 yrs +) StrokeDevelopment: builds on the sskills in Level II by providing aadditional guided practice. Coursee length / fee and Two weeek course; Tuuesday & Thurssday for 1/2 hoour classes Numbeer Enrolled: One Instructor/10 Stuudents. Swimm lesson dates aand times may change due to complicationss with the weatther or staffingg. Gerad A. Smith rr uaics Oerationsuervisor AqttpSSp MEMORANDUM TO:Mayor and City Commissioners FROM:Bruce Koeser, Human Resources Director THROUGH:David Harden, City Manager DATE:December 20, 2012 AGENDA ITEM 8.N. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ PBA - POLICE OFFICERS AND SERGEANTS ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with the Police Benevolent Association - Police Officers and Sergeants. BACKGROUND The City of Delray Beach and the Police Benevolent Association (PBA), have agreed to amend the provisions to Article 12 - Pension Plan Matters and Article 13 - Holidays (attached). The articles were ratified by PBA on December 21, 2012. The articles provide major changes in the following areas: Pension Employees hired after the ratification date, who terminate their employment with the City with more than 10 but less than 20 years of service will receive a multiplier of 2.5% for all years of service. Employees who terminate their employment with the City with 20 or more years of service will receive a multiplier of 3.0% for all years of service. Holidays Employees will receive an additional paid holiday (Labor Day). RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with PBA - Officers and Sergeants. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 ARTICLE 12 PENSION PLAN MATTERS The PBA and the employees hereby recognize and agree that during the life of this agreement, the agreement concerning pension matters executed by the parties in October and November, 1993 and as amended in August, 1999 and as amended in April 2004, shall be continued in full force and effect. Employees hired after the Ratification date of this re- opener who leaves City employment with more than 10 but less than 20 years of service would receive a multiplier of 2.5% and employees who leave City employment with 20 or more years of service would receive a multiplier of 3.0% for all years of service. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 ARTICLE 13 HOLIDAYS Section 1 The following days shall be holidays for all regular full- time employees: New Year's Day Independence Day Martin Luther King, Jr.'s Birthday Thanksgiving Day Memorial Day (last Monday in May) Thanksgiving Friday Personal Holiday Christmas Eve (1 per fiscal year) Christmas Day Labor Day and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief and City Manager. For employees who have completed the probationary period set forth in Article 22 of this Agreement, employees shall have nine (10) holidays (80 hours), the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his/her authorized designee, on any regular scheduled work day during the contract period, subject to Section 2 below, provided that no more than three (3) such holidays shall be permitted per calendar month, and the CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2010-2013 selection by the employee must be made no later than twenty-four (24) hours prior to the date(s) selected. Effective October 1, 2012, employees will be granted one additional holiday (Labor Day) which must be pre-approved by the Police Chief or his/her authorized designee and at the time of approval, such request must not cause overtime for the Department. Section 2 Employees who have successfully completed probationary status will receive 80 hours of Holidays per fiscal year. A maximum of 36 hours can be used for pay out of holiday options, and a minimum of 44 hours must be used for time off. AMENDMENT NO. 1 to the COLLECTIVE BARGAINING AGREEMENT between the CITY OF DELRAY BEACH and the POLICE BENEVOLENT ASSOCIATION POLICE OFFICERS AND SERGEANTS WHEREAS, the City of Delray Beach (City) and the Police Benevolent Association (PBA), have agreed to amend the provisions of the collective bargaining agreement effective October 1, 2010 through September 30, 2013; WHEREAS , the City and the PBA have agreed to amend the provisions of Article 12 and Article 13; and WHEREAS, the City and the PBA have agreed to immediately implement the attached modifications to each of the articles specified above; IT IS THEREFORE AGREED that the 2010-2013 collective bargaining agreement shall be amended in accordance with the attached, executed versions of Article 12 and Article 13 and that such amendments shall be effective upon ratification by both the City and the PBA for the duration of the agreement. For the City: For the PBA: _______________________________ ______________________________ David T. Harden, City Manager John Kazanjian, President Date: __________________________ Date: _________________________ MEMORANDUM TO:Mayor and City Commissioners FROM:Bruce Koeser, Human Resources Director THROUGH:David Harden, City Manager DATE:December 20, 2012 AGENDA ITEM 8.O. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: RATIFICATION OF COLLECTIVE BARGAINING AGREEMENT/ PBA - POLICE LIEUTENANTS ITEM BEFORE COMMISSION The item before the Commission is ratification of the Collective Bargaining Agreement with the Police Benevolent Association - Police Lieutenants. BACKGROUND The City of Delray Beach and the Police Benevolent Association (PBA), have agreed to amend the provisions of Article 11 - Holidays and Article 42 - Pension Plan Matters (articles attached). The articles were ratified by PBA on December 21, 2012. The articles provide major changes in the following areas: Holidays Employees will receive an additional paid holiday (Labor Day). Pension Plan Matters Employees hired after the ratification date, who terminate their employment with the City with more than 10 but less than 20 years of service will receive a multiplier of 2.5% for all years of service. Employees who terminate their employment with the City with 20 or more years of service will receive a multiplier of 3.0% for all years of service. This is a reduction from the current 3.5% multiplier. RECOMMENDATION Staff recommends ratification of the Collective Bargaining Agreement with PBA - Police Lieutenants. AMENDMENT NO. 1 to the COLLECTIVE BARGAINING AGREEMENT between the CITY OF DELRAY BEACH and the POLICE BENEVOLENT ASSOCIATION POLICE LIEUTENANTS WHEREAS, the City of Delray Beach (City) and the Police Benevolent Association (PBA), have agreed to amend the provisions of the collective bargaining agreement effective October 1, 2011 through September 30, 2014; WHEREAS , the City and the PBA have agreed to amend the provisions of Article 11 and Article 42; and WHEREAS, the City and the PBA have agreed to immediately implement the attached modifications to each of the articles specified above; IT IS THEREFORE AGREED that the 2011-2014 collective bargaining agreement shall be amended in accordance with the attached, executed versions of Article 11 and Article 42 and that such amendments shall be effective upon ratification by both the City and the PBA for the duration of the agreement. For the City: For the PBA: _______________________________ ______________________________ David T. Harden, City Manager John Kazanjian, President Date: __________________________ Date: _________________________ CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 ARTICLE 11 HOLIDAYS Section 1 The following days shall be holidays for all regular full- time employees: New Year's Day Independence Day Martin Luther King, Jr.'s Birthday Thanksgiving Day Memorial Day (last Monday in May) Thanksgiving Friday Personal Holiday Christmas Eve (1 per fiscal year) Christmas Day Labor Day and any other day declared by the City Commission to be a legal holiday. The Personal Holiday will be granted on a date selected by the employee, provided the employee has six (6) consecutive months of regular full-time service with the City. The date selected must be approved by the Police Chief. Effective October 1, 2012, shift Lieutenants shall have ten (10) holidays (80 hours) per fiscal year, the dates for which may be selected in advance by the employee, subject to the approval of the Police Chief or his/her authorized designee, on any regular scheduled work day during the contract period, provided that no more than three (3) such holidays shall be permitted per calendar month, and the selection by the employee must be made no later than twenty-four (24) hours prior to the date(s) selected. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 Effective October 1, 2012, employees will be granted one additional holiday (Labor Day) which must be pre-approved by the Police Chief or his/her authorized designee and at the time of approval, such request must not cause overtime for the Department. Section 2 Shift Lieutenants, a maximum of 36 hours can be used for pay out of holiday options, and a minimum of 44 hours must be used for time off. CITY OF DELRAY BEACH & POLICE BENEVOLENT ASSOCIATION CONTRACT 2011-2014 ARTICLE 42 PENSION PLAN MATTERS Section 1 The Union and the Employees agree that the City and/or the Police and Firefighters Pension Board of Trustees may during this Contract period adopt amendments to Chapter 33 of the Code of Ordinances in order to add provisions specifying that the Pension Board may utilize the services of an outside agency or business (experienced in insurance claims review, disabilities claims, or other related areas) to provide solely advisory opinions to the Board of Trustees with regard to the granting or not granting of any disability retirement requests pending or submitted during the term of this Agreement. Section 2 The Union and the Employees agree that Chapter 33 of the Code of Ordinances for the City of Delray Beach shall be amended so that the employee contribution to the Delray Beach Police and Fire Retirement System is increased by three percent (3%). Employees hired after the Ratification date of this re-opener who leave City employment with more than 10 but less than 20 years of service would receive a multiplier of 2.5% and employees who leave City employment with 20 or more years of service would receive a multiplier of 3.0% for all years of service. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 27, 2012 AGENDA ITEM 8.P. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: RESOLUTION NO. 02-13 ITEM BEFORE COMMISSION This is before the City Commission to approve Resolution No. 02-13 regarding the First Nonpartisan and Special Election to be held on March 12, 2013. BACKGROUND On December 11, 2012, Commission approved the Vote Processing Equipment Use and Elections Services Agreement with Ms. Susan Bucher, Palm Beach County Supervisor of Elections, for conducting municipal elections. Resolution No. 02-13 provides the process for conducting the municpal and special election (referendum) to be held on March 12, 2013. RECOMMENDATION Recommend approval of Resolution No. 02-13 regarding the March 12, 2013, First Non-Partisan and Special Election. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:December 19, 2012 AGENDA ITEM 8.Q. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: SPECIAL EVENT REQUEST/ 7TH ANNUAL ALL AMERICAN TAILGATE PARTY ITEM BEFORE COMMISSION th City Commission is requested to approve a special event permit for the 7 Annual All American Tailgate Party produced by the Greater Delray Beach Chamber of Commerce and the Achievement Centers for Children and Families Foundation. The event is proposed to be held on the grounds of Delray Center for the Arts on Saturday, February 2, 2013 from 2:00 p.m. to 8:00 p.m. Staff support is being requested for security, fire inspection, clean up and trash removal. BACKGROUND Attached is a special event permit, budgets, site plan and Economic Prosperity Calculator. This is a fundraising event for the Achievement Centers for Children and Families Foundation. This will be a gated event with ticket prices of $25 for an adult and $10 for youth ages 13-20. The event will include entertainment, youth activities and sale of alcoholic beverages. The estimated staff overtime is $2,060, the 5% administrative fee is $103 and trash boxes are $87.50 for a total estimated cost of $2,250.50. Per Special Event Policies and Procedures, the event producer is required to pay 100% of all City costs. RECOMMENDATION Staff recommends approval of the special event permit and staff support as requested for this event contingent on receipt of the following: 1.Certificate of Event Liability Insurance by January 22, 2013. 2.Certificate of Alcohol Liability Insurance by January 22, 2013. 3.A signed and notarized Hold Harmless Agreement by January 22, 2013. 4.A copy of the Temporary Liquor License by January 22, 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:Jasmin Allen, Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH: City Manager DATE:December 27, 2012 AGENDA ITEM 8.R. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: 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 10, 2012 through December 28, 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 agenda of the Commission as an appealed item. REVIEW BY OTHERS Planning and Zoning Board Meeting of December 17, 2012 No appealable items were considered by the Planning and Zoning Board. The following item which was considered by the Board will be forwarded to the City Commission for action: A.Recommended approval (5 to 0, Jan Hansen, arrived late and Gerry Franciosa absent), of a conditional use request to allow a 95 room hotel within the West Atlantic Neighborhood to be known as Delray Beach Fairfield Inn, located on the south side of West Atlantic Avenue, between thth SW 9 Avenue and SW 10 Avenue. Site Plan Review and Appearance Board meeting of December 12, 2012 Harbor Plaza 1.Approved (6 to 0, Jim Knight absent), an amendment to the master sign program for , located at the northeast corner of South Federal Highway and Linton Boulevard. 2.Approved (6 to 0), a Class I site plan modification associated with the installation of a walkway Premiere Eye Care canopy for , located at the northeast corner of West Atlantic Avenue and Villa D Este Drive (4025 West Atlantic Avenue). 3.Denied (5 to 0, Mark Gregory stepped down), a Class V site plan and landscape plan associated with the construction of a 137,799 sq. ft. shopping center consisting of multiple commercial Delray Place buildings, parking and landscaping for , located at the southeast corner of Linton Boulevard and South Federal Highway. The architectural elevation plan was denied on a 4 to 1 vote. The Boards actions of the following waivers are noted below: i. Recommend denial (5 to 0), to the City Commission of a waiver to reduce the 25% open space required by LDR Section 4.3.4(K) to 17.5%. ii.a. Recommend approval (5 to 0), to the City Commission of awaiver to LDR Section 4.4.25(D) (1), for pavement encroachment into the required 15 perimeter setback for the SAD zoning district, for the driveway/parking aisle along Linton Boulevard opposite the 1000 to 1100 buildings and the sidewalk/outdoor dining area along the south side of the 400 building. ii.b. Recommend denial (5 to 0), to the City Commission of awaiver to LDR Section 4.4.25(D)(1), for pavement encroachment into the required 15 perimeter setback for the SAD zoning district, for the sidewalk surrounding the north and west sides of the 100 building (bank configuration). iii. Recommenddenial (5 to 0), to the City Commission of a waiver to LDR Section 4.3.4(H)(6)(b) (1), to reduce the required 25 foot special landscape buffer along South Federal Highway to 15 feet, with the condition that the power lines for the street lights along South Federal Highway be place underground. iv. Recommend denial (5 to 0), to the City Commission of awaiver to LDR Section 4.3.4(H)(6)(b) (4), to reduce the required special landscape buffer along Linton Boulevard from the required 15.5 and 30 feet to 8 feet. v. Recommendapproval (3 to 2, Jose Aguila and Alice Finst dissenting), to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, to reduce the required 50 foot stacking distance between a right-of-way and the first parking space or aisle way in a parking lot to twenty-six (26) feet for the two entrances on Linton Boulevard and thirty-two (32) feet for the entrance on Eve Street. vi. Denied (5 to 0), a waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces orfifteen (15) compact parking spaces. vii. Denied (5 to 0), a waiverto LDR Section 1.6.16(H)(3)(k), requiring a 5 landscape strip with a two foot hedge to be placed between abutting parking tiers, to allow sidewalks to be placed in two required landscape strips, with the condition that two landscape islands be located on either side of the northern sidewalk connection and three landscape islands be placed on either side of the southern walkway connection. Site Plan Review and Appearance Board meeting of December 19, 2012 3.Approved with conditions (6 to 0, Mark Gregory stepped down), a request to reconsider the denial Delray Place of the Class V site plan, landscape plan, architectural elevation plan and waivers for , located at the southeast corner of South Federal Highway and Linton Boulevard. The revised site plan, landscape plan and architectural elevations will be brought back before SPRAB no later than its first meeting in March, scheduled for March 13, 2013. Artists Alley 4.Approved with conditions (7 to 0), color changes for several buildings along , located rdrdth east of NE 3 Avenue, between NE 3 Street and NE 4 Street. 5.Approved with conditions (7 to 0), a Class III site plan modification and architectural elevation plan ndrd associated with a 2 and 3 level addition and the conversion of 930 sq. ft. from retail to restaurant ndst Beluga Wine Bar and Restaurant for , located at the northeast corner of SE 2 Avenue and SE 1 Street. Concurrently, the Board recommended approval (7 to 0) to the City Commission of the following waivers: i.A waiver to LDR Section 4.4.13(F)(4)(c)(1) Lower Levels-Ground floor to 25, to allow a nd reduction in that portion of the building (i.e. a building length of 15 10 along the SE 2 Avenue frontage) that is required to be setback a minimum of 15 from the property line to have a minimum setback of 14 2. ii.A waiver to LDR Section 4.4.13(F)(4)(c)(1), Lower Levels-Ground floor to 25,to reduce the st building frontage set back at 10 for a height of 0 to 25 along SE 1 Street from the required 84 to the proposed 53. iii.A waiver to LDR Section 4.4.13(F)(4)(c)(2), Upper Levels-Above 25 to 48, to reduce the st building frontage set back at 10 for a height of 25 to 48 along SE 1 Street from the required 84 to the proposed 66. 6.Approved with conditions (7 to 0), a Class III site plan modification associated with the interior conversion of an existing 10,800 sq. ft. retail building to a 3,550 sq. ft. restaurant and bar with a Downtown Bowling 7,250 sq. ft. bowling alley containing 8 lanes for , located on the east side of ndst NE 2 Avenue, between East Atlantic Avenue and NE 1 Street. The architectural elevation plan was tabled on a 7 to 0 vote. Also, the Board recommended approval (7 to 0) of the following waiver: i.A waiver request to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the minimum transparency or glass surface area on the ground floor along NE 2nd Avenue to less than the required minimum of 75%. 7.Approved with conditions (6 to 0, Mark Gregory stepped down), a Class V site plan, landscape plan and architectural elevation plan to allow the construction of 117-unit multi-family residential rdst Sofa Building #1 development for , located on the east side of SE 3 Avenue, between SE 1 Street nd and SE 2 Street. The Board recommended approval to the City Commission (6 to 0, Mark Gregory stepped down), on the following waiver requests: i.A waiver to LDR Section 4.4.13 (F)(4)(c)(2), to allow a decrease in the required building frontage setback at 15 minimum for 70% of the building frontage to allow only 50.39%of the frontage setback at 15. ii.A waiver to LDR Section 4.6.9 (D)(3)(c)(1), to reduce the required stacking distance for the two (2) east alley access driveways from the required 50 to allow only 20. iii.A waiver to LDR Section 6.1.3 (B)(1)(f), to reduce the required width of the sidewalk on the rdstnd Central Business District along SE 3 Avenue, SE 1 Street and SE 2 Street from 8'-0" to 5-0 wide. iv.A waiver to LDR Section 4.6.18 (B)(14)(iv)(2), to reduce the minimum transparency or glass stndrd surface area on the ground floor along SE 1 Street, SE 2 Street and SE 3 Avenue from the rdst minimum requirement of 75% to allow only 22% along SE 3 Avenue and 13.6% along SE 1 nd Street and SE 2 Street. v.A waiver to LDR Section 4.6.16 (H)(3)(d), to allow a reduction in the required five foot (5) landscape buffer to allow only 39 located between the rear property line and the vehicular use area. vi.A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b), to allow a reduction to 0% instead of the minimum 50% of the ground floor perimeter of the garage or the garage portion of the building adjacent to street rights-of-way to be devoted to window displays for floor area associated with active uses such as retail stores, personal and business service establishments, entertainment, offices, etc. 8.Approved with conditions (6 to 0, Mark Gregory stepped down), a Class V site plan, landscape plan and architectural elevation plan to allow the construction of 55-unit multi-family residential ndst Sofa Building #2, development for located on the west side of SE 2 Avenue, between SE 1 nd Street and SE 2 Street. Concurrently, the Board recommended approval (6 to 0, Mark Gregory stepped down) to the City Commission of the following waivers: i.A waiver to LDR Section 4.4.13(F)(4)(c)(2), to allow a decrease in the required building frontage setback at 15 minimum from the required 191 to the proposed 152-8 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. ii.A waiver to LDR Section 4.6.9(D)(3)(c)(1), to reduce the required stacking distance for the two west alley access driveways from the required 50 to the proposed 20-4. iii.A waiver to LDR Section 4.6.18(B)(14)(iv)(2), to reduce the minimum transparency or glass nd surface on the ground floor elevation along SE 2 Avenue from the required 75% to the proposed 11%. iv.A waiver to LDR Section 4.6.18(B)(14)(vi)(4)(b) to reduce the ground level portion of the building to be dedicated for retail, office, entertainment, advertising or other non-residential use from the required 50% to the proposed 0%. v.A waiver to LDR Section 4.6.16(H)(3)(d) to reduce the width of the landscape buffer that separates the south property line from the west alley vehicular area from the required 5 to the proposed 3-8. Historic Preservation Board Meeting of December 19, 2012 9.Continued (5 to 0, Ronald Brito and Reginal Cox absent), a request for a Certificate of Appropriateness associated with the construction of a single-family residence on a vacant property th 11 NE 7 Street located at , within the Del-Ida Park Historic District. Concurrently, the Board approved a waiver to permit the second story encroachment into the Building Height Plane at a width of 188, where no encroachment is permitted. 10. Denied (3 to 2), a request for a Certificate of Appropriateness for the change of roof material from 40 South Swinton Avenue asphalt shingle to standing seam metal for , within the Old School Square Historic Arts District. 11. Approved (5 to 0), a request for a Certificate of Appropriateness to construct a one-story rear 220 Dixie Boulevard addition on a contributing structure located at . Concurrently the Board approved a variance request on a 3 to 2 vote, to reduce the side interior setback from 7.5 to 5. RECOMMENDATION By motion, receive and file this report. Attachment: Location Map 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 26, 2012 AGENDA ITEM 8.S.1 - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: BID AWARD/ LAWN WIZARD ITEM BEFORE COMMISSION City Commission is requested to award Bid No. 2013-15, Annual Landscape Maintenance Contract on George Bush Blvd and W. Atlantic Ave., to Lawn Wizard the lowest bidder in the amount of $17,410.00. BACKGROUND Parks and Recreation recommends award of Landscape Mainenance Bid No. 2013-15 to the lowest bid, Lawn Wizard, in the amount of $17,410.00. Other bids included; LV Superior Landscaping Inc. in the amount of $19,896.80; Complete Property Service of South Florida $23,895.00; and Superior Landscaping & Lawn Service, Inc. at $27,407.94. FUNDING SOURCE Funding is from Beautification Fund account #119-4144-572-46.40. RECOMMENDATION Parks and Recreation recommends Commission award Bid No. 2013-15 to Lawn Wizard in the amount of $17,410.00. 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:December 14, 2012 AGENDA ITEM 8.S.2 - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: CONTRACT AWARD/ LINE-TEC, INC. ITEM BEFORE COMMISSION Request to approve a contract award to Line-Tec, Inc. in the amount of $43,648.50 for the installation automatic line flushers. This is the installation cost associated with 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 automatic water line flushing devices for consideration to receive supplemental funding under their WaterSIP grant. At the Districts September 2012 meeting, the Citys project was approved for supplemental funding (as reimbursement) not to exceed $35,945. On December 11, 2012, City Commission approved the material purchase of the flushing devices to HD Supply Water Works in the amount of $55,233.00, leaving a balance of $44,767 for installation costs. This request is to approve a contract award for the installation of the flushing devices. The terms and conditions are based on the current competitively bid contract with the City of Boynton Beach for Supply and Installation of Water Service Connections and Restoration, Bid #033-2821-10/JA, valid through June 2013. Line-Tec has provided a proposal using line item unit costs under the contract at $2,078.50 for installation of each flushing unit. At this unit cost, it is estimated that 21 units can be installed for a total of $43,648.50. Therefore, staff is requesting an award to Line-Tec in the amount of $43,648.50 for providing services related to the Automatic Water Main Flushing Devices project (P/N 2013-26) utilizing contract pricing under an active City of Boynton Beach contract. Upon approval by City Commission, Line-Tec, Inc. will execute a Standard Form of Agreement between the City and Contractor. 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 an award to Line-Tec, Inc. in the amount of $43,648.50 utilizing contract pricing under an active City of Boynton Beach contract, expiring June 2013, for providing installation services related to the Automatic Water Line Flushing Devices project (P/N 2013-26). MEMORANDUM TO:Mayor and City Commissioners FROM:David Boyd, Finance Director Patsy Nadal, Purchasing Manager THROUGH:David Harden, City Manager DATE:December 14, 2012 AGENDA ITEM 8.S.3 - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: PURCHASE AWARD/ CHEMICAL LIME COMPANY OF ALABAMA, INC. (LHOIST NORTH AMERICA) ITEM BEFORE COMMISSION City Commission is requested to approve the award for the purchase of bulk quicklime from Chemical Lime Company of Alabama, Inc. (Lhoist North America) Boynton Beach Co-op Bid #009- 2821139/JMA at an estimated cost of $735,350. January 2013 through September 30, 2013. BACKGROUND Quicklime is needed to adjust the pH of the raw water, preparing the water for treatment and to remove hardness which in turn, prevents scaling in the pipelines. The City of Boynton Beach is the lead agency for this cooperative bid. On December 04, 2012 the City of Boynton Beach Commission approved award of Bid #009-2821-13/JMA to Chemical Lime Company of Alabama, Inc. The term of the initial contract is for a period of two (2) years with an option to renew for three (3) additional one (1) periods providing that all parties agree to the renewal and renewal terms. FUNDING SOURCE 441-5122.536.52.21 Water and Sewer Fund: Operating Supplies/Chemicals RECOMMENDATION Staff recommends award to Chemical Lime Company of Alabama, Inc. for the purchase and delivery of bulk quicklime via the City of Boynton Beach Bid No. #009-2821-13/JMA, at an estimated cost of $735,350.00 from January 2013 through September 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:Guy Buzzelli, CIO THROUGH:David T. Harden, City Manager DATE:December 20, 2012 AGENDA ITEM 8.S.4 - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: PURCHASE AWARD/ PC MALL GOV ITEM BEFORE COMMISSION This item is brought before the Commission to approve replacing old PIX Firewalls that are at their end of life and are inadequate to protect the network properly. The cost for the ASA Firewall is $36,976 with PC Mall Gov. BACKGROUND This is a very critical project that needs to be done to protect the computer network. It is the Firewall security that keeps out intrusions and other threats that could bring down the network from an outside attack. PC Mall Gov provided the lowest quote and their pricing is off their GSA contract. FUNDING SOURCE 334-6111-519-66.10 RECOMMENDATION The staff recommends that the Commission authorize the purchase of the Firewall security equipment from PC Mall Gov. MEMORANDUM TO:Mayor and City Commissioners FROM:Estelio Breto, Senior Planner Paul Dorling, AICP, Director of Planning and Zoning THROUGH:City Manager DATE:December 26, 2012 AGENDA ITEM 10.A. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: CONDITIONAL USE REQUEST/ DELRAY BEACH FAIRFIELD INN ITEM BEFORE COMMISSION Consideration of a conditional use request to establish a hotel within the West Atlantic Neighborhood Delray Beach Fairfield pursuant to LDR Section 4.4.13(D)(16). The request is in conjunction with the Inn , a proposed 95-room hotel development to be located on the south side of West Atlantic Avenue, thth between SW 10 Avenue and SW 9 Avenue. BACKGROUND A conditional use application has been submitted to build the Delray Beach Fairfield Inn Hotel with 95- room within the CBD (Central Business District) located on the south side of West Atlantic Avenue, thth between SW 9 and 10Avenues. This conditional use application is now before the City Commission for consideration. The development proposal incorporates the following: a) Construction of a four-story, 95-room hotel building with a 92-space parking lot located towards the th rear of the building; installation of 13 parallel parking spaces; two (2) spaces along SW 10 Avenue, th six (6) spaces along West Atlantic Avenue and five (5) spaces along SW 9 Avenue; b) Installation of amenities such as a lobby area, an out-door pool and pool deck, a fitness room, printing and computer facility area, guest breakfast area, guest laundry room area, and a meeting room, all located on the ground floor of the building; c) Installation of sidewalks with decorative paver blocks, and a bicycle parking facility; d) Installation of a dumpster and associated landscaping. Based on the review of the preliminary site plan submitted, the development proposal also includes several waivers related to the Downtown Design Guidelines. These waivers will be considered during the related site development approval process. REVIEW BY OTHERS At its meeting of December 17, 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 in support of the project. The Board had discussions regarding the appropriateness of the conditional use request to allow a hotel within the West Atlantic Neighborhood pursuant to LDR Section 4.4.13(D)(16). After their deliberations, the Board made a recommendation of approval for the conditional use request 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 original Planning and Zoning Board staff report, dated December 17, 2012. RECOMMENDATION Delray Beach Fairfield Inn Hotel Move approval of the of the conditional use request to allow the within the Central Business District (CBD) and the West Atlantic Neighborhood, 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(D) (16), and Chapter 3 of the Land Development Regulations, subject to the conditions listed in the December 17, 2012, Planning and Zoning Board Staff Report. 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 26, 2012 AGENDA ITEM 10.B. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: WAIVER REQUEST/TEMPORARY USE PERMIT/ ALL-COUNTY PAVING ITEM BEFORE COMMISSION The action requested of the City Commission is consideration of a waiver request associated with the approval of temporary trailers for All County Paving (ACP). The waiver is to allow the two trailers to be used for administrative offices, while construction associated with approval of the pending Class III Site Plan Modification occurs. BACKGROUND All County Paving (ACP) has made application to construct an addition to the north face of the existing industrial/warehouse building (formerly known as the Aero Dri site), which is located adjacent and immediately east of the open field where the trailers are desired. The business is currently located in Lantana and staff was informed that their current lease will expire at the end of December, 2012. Since the site plan for the addition and site improvements at the existing building will not be completed by the end of their current lease, ACP has requested approval to place two-1,440 sq. ft. temporary trailers on the site immediately west of the building to house their administrative offices until their permanent home is completed. 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 waiver request is to LDR Section 2.4.6(F), Temporary Use Permit, to allow the use of two modular trailers to house the administrative offices during approval and construction of the proposed addition and site improvements for the parcel located to the immediately east. Since the specific use of offices (temporary or permanent) is not listed as an allowed use under this temporary use section, approval can only be granted through a waiver by the City Commission. Photographs have been submitted showing modular trailers elevated slightly above grade (see attachment). The two trailers each measure 1,440 sq. ft., for a total of 2,880 sq. ft. They are both located near each other and are accessed via a ramp running between the two. A parking lot accessed from SW 10th Street provides 12 spaces. The applicants narrative notes that between 20 and 25 office employees will work in these temporary trailers. The attached site plan shows the trailer locations and associated site improvements. This amount of employees raises concerns over adequacy of parking; therefore, a condition limiting vehicle occupancy is recommended. Approval should be subject to no more than 12 vehicles being allowed on the western parcel at any one time. All vehicle storage and overflow parking is to be accommodated on the primary site (east parcel) in approved parking areas. Further, a temporary pedestrian connection is to be provided from the primary site to the temporary site. The requested period of use is eight to nine (8 to 9) months after the pending Class 3 site plan approval. It is recommended this approval be valid for no more than one year at which time the trailers and other improvements (parking lot, etc.) are to be removed and the site restored to its pristine condition. Since the trailers are to house the administrative offices during construction of the permanent offices for ACP to the immediate east, and will be removed when construction is completed, there will be no impact on the provision of public facilities, provided utility connections into the Citys sanitary sewer system are made and capped appropriately after use. It is noted that waivers to this section have been granted under similar circumstances. Most recently, the same waiver was granted for Del Aire Country Club when they received approval to temporarily locate their pro-shop and exercise facilities during the recent renovation of their clubhouse. Based on the above, approval of the waiver will not adversely affect the neighboring area, diminish the provision of public facilities, create an unsafe situation or result in the grant of a special privilege. Accordingly, positive findings can be made with respect to LDR Section 2.4.7(B)(5), Waiver Findings, provided the conditions of approval are satisfied. REVIEW BY OTHERS The waiver to LDR Section 2.4.6(F), Temporary Use Permit, to allow the use of the two trailers for administrative offices does not require a recommendation from any other Board or Agency. RECOMMENDATION Approve a Temporary Use Permit, along with a waiver to LDR Section 2.4.6(F) to allow a use not listed (administrative offices) for the placement of two temporary trailers at 1180 SW 10th Street, based on positive findings with respect to LDR Section 2.4.7(B)(5), subject to the following conditions: 1. Approval is subject to no more than 12 vehicles being allowed on the western parcel at any one time. 2. All vehicle storage and overflow parking is to be accommodated on the primary site in approved parking areas. 3. A temporary pedestrian connection is to be provided from the primary site to the temporary site. 4. That the temporary trailers, parking lot area, concrete pads, landscaping, etc. all be removed from the property and the area restored concurrent with the issuance of a Certificate of Occupancy for the permanent office, but in no event shall the Temporary Use Permit be valid for more than one year from the issuance of same. 5. The siting of these temporary trailers must meet all applicable building permit requirements including, but not limited to, connection with appropriate utility services and provision of mens and womens toilet facilities connected to appropriate city water and sewer facilities. 6. A Class II site plan modification must be processed and certified prior to placing the trailers on the site. 7. That parking of vehicles and equipment is limited to the parking lot(s) shown on the plan. No areas are to be used for outdoor storage of materials. The balance of the site, including the extensive area south of the dashed area shown for these immediate improvements, shall not be used for storage of vehicles, trucks, materials, paving machinery and/or equipment, etc. MEMORANDUM TO:Mayor and City Commissioners FROM:Robert A. Barcinski, Assistant City Manager THROUGH:David T. Harden, City Manager DATE:December 19, 2012 AGENDA ITEM 10.C. -REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: REQUEST TO WAIVE RENTAL FEES/ DELRAY BEACH PUBLIC LIBRARY ITEM BEFORE COMMISSION Commission is requested to consider approval of a request from the Delray Beach Public Library to waive rental fees for the use of Old School Square Park on Saturday, March 9, 2013 for their fundraiser. BACKGROUND Attached is a request to waive Old School Square Park rental fees received from Kimberly Trombly- Burmeister on behalf of the Delray Beach Public Library. The library is seeking use of the park for their fundraiser Picnic in the Park proposed to be held on March 9, 2013 from 6:00 p.m. until 9:00 p.m., with set up beginning at 4:00 p.m. Based on the times of their fundraiser, park rental fees for a nonprofit at the four (4) hour rate would be $330. Staff has a concern of a precedent being set with a waiver of fees since we charge all other users RECOMMENDATION Staff recommends Commission consideration of approval of the request from the Delray Beach Public Library to waive park rental fees for their fundraiser being held on March 9, 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:James Scala, Ocean Rescue Superintendent Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:December 21, 2012 AGENDA ITEM 10.D. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: BID AWARD/ BEACH CLEANING SERVICES ITEM BEFORE COMMISSION City Commission is requested to consider approval of a bid award for beach cleaning, maintenance and beautification services. BACKGROUND Three bids were submitted for the provision of beach cleaning services. Universal Beach Service is the current contract holder and has been providing reliable service for about 30 years. Beach Raker submitted a bid of $57,000 for 12 months of service. The next lowest bid was submitted by Universal for $94,000. A third bid was submitted by The Beach Groomer for $450,000. We currently pay $79,000 for service three days per week, and the new contract will increase the service to five days per week. Parks and Recreation staff has recommended that the bid be awarded to The Beach Raker Company because they submitted the lowest bid and they utilize equipment that would bring different methods of cleaning and beautification to our beach. This includes a Barber Surf Rake and Cherrington Sand Sifter that are capable of cleansing the sand of small debris like bottle caps and cigarette butts. The company would also utilize a piece of machinery called the "Barber Sandman" which is a new versatile tool to be used for cleaning the sand on our walkways once a month. Universal Beach Services filed a bid protest concerning this proposed award, a copy of which is attached. After reviewing the protest I believe it has merit. The staff recommendation is based in part on a different method of beach cleaning from what Delray Beach has employed in the past. Some other cities which Beach Raker services have in their bid specification a requirement that the beach be raked periodically with equipment designed to remove small trash such as bottle caps and cigarette butts. The problem with using such equipment is that it also removes all sea shells and other naturally occurring small items from the sand. Parks and Recreation staff witnessed a demonstration of this equipment several years ago and decided that they would not recommend using it on our beaches. To the extent that the proposed use of this equipment influenced the staff recommendation, I believe that action by the City placed Universal at an unfair disadvantage because they were not given the opportunity of submitting a bid using this equipment. Universal has stated that they would clean our beach using this equipment if that is the wish of the City. Questions have also been raised about how low Beach Raker bid. In an effort to arrive at an apples to apples comparison we have compared the contact specifications and the amount Beach Raker is charging to Pompano Beach, Dania Beach and Lauderdale-by-the-Sea. Then we have calculated a price per lineal foot of beach cleaned. The cleaning specifications for these three cities and Delray Beach are attached for your information. While a comparison is difficult due to the differences in specifications, it appears that we require more of our contractor than the other cities, and that Beach Raker's bid for cleaning our beach is at least 40% less than what they are charging the other municipal clients they gave as references. We have had bad experience in the past with contractors who underbid a contract and either gave poor quality service or ultimately walked away from the contract altogether. FUNDING SOURCE Funding is from Ocean Rescue account #001-4123-572-34.90 Other Contractual Service. RECOMMENDATION I see four alternative courses of action: 1. The Commission could reject the Beach Raker bid as non-responsive because they bid a beach cleaning method which is not what we want for our award winning beach, and award the bid to Universal. 2. The Commission could reject the Beach Raker bid as not in the best interest of the City because it is unreasonably low, and award the bid to Universal. We do this routinely for housing rehabilitation bids submitted to Community Improvement. 3. The Commission could determine that we wish to incorporate sand sifting in our beach cleaning contract. If so, I recommend that we incorporate that in the bid specifications and rebid the contract. 4. The Commission could accept the initial staff recommendation from the Parks and Recreation Department and award the contract to Beach Raker. An additional consideration would be the location of the main office and equipment yard of the contractor. While Beach Raker states in their bid that they will store the equipment for maintaining our beach here in Delray, their main office is in Pompano Beach. Universal's main office is here in Delray. In those circumstance where there is a major cleanup needed, Universal's equipment is all here whereas Beach Raker would have to bring additional equipment up from Pompano beach,which would likely result in a slower response. Which alternative you choose to select is at the discretion of the Commission. January 3, 2013 Mr. David Harden City Manager City of Delray Beach st 100 NW 1 Avenue Delray Beach Florida 33444 Re Bid#2013-12 Beach Cleaning Services Dear Mr. Harden, We have received a copy of your response to Universal Beach Services protest dated January 2, 2013, which includes your proposed recommendations for the City of Delray Beach Cleaning Services. However, we would like to respond to each of the four items that you recommended in your letter, as follows: 1.The Commission could reject the Beach Raker bid as non-responsive because they bid a beach cleaning method which is not what we want for our award winning beach, and award the bid to Universal. Beach Raker proposes to use the same cleaning method as Universal Beach Services to clean the Citys beach. However, we were instructed in the RFP to list all the equipment our company utilizes and owns, to perform beach cleaning services. We provided the City with a complete list of all of the equipment we own. We were also asked to provide any additional information that would benefit the City. Consequently we also provided the City with the option, in addition to providing the same service that Universal Beach Services provides, to use our Barber Surf Rake to sanitize the City beach once per month, at no cost to the City, as a trial to demonstrate this service. To clarify, this is in addition to raking the beach using the same method that Universal Beach Services uses today. If the City does not desire to take advantage of this additional service, we will only perform the beach raking service as outlined in the City's specifications using the same method as Universal Beach Services. 2.The Commission could reject the Beach Raker bid as not in the best interest of the City because it is unreasonably low, and award the bid to Universal. We do this routinely for housing rehabilitation bids submitted to Community Improvement. We do not bid on contracts to lose money. We reviewed the bid specifications and the additional cost we would incur to provide those services. We then added a reasonable margin for providing the service to come up with our bid price. We are able to provide th 220 NE 13 Street Pompano Beach, FL 33060 Office: 954.560-3906 Fax: 954.301-0620 www.beachraker.net the City with the monthly rate in our bid because we already service accounts in Highland Beach, and Boca Raton, and consequently, we do not have to purchase any additional equipment to fulfill this contract as we have done for other contracts. We will honor the monthly rate outlined in our RFP response, and meet or exceed the City and bid specifications. We are also prepared to post a performance bond or letter of credit to support our bid. 3.The Commission could determine that we wish to incorporate sand sifting in our beach cleaning contract. If so, I recommend that we incorporate that in the bid specifications and rebid the contract. All bidders had the opportunity to list their equipment and provide the City with additional services and solutions, over and above the initial scope of work, that would further enhance the City's beach. Based on the equipment lists submitted by each contractor in response to the City of Delray Beach Cleaning RFP, it appears that the other contractors do not own or have any experience using Barber Surf Rakes, or any other beach sanitizing or sifting equipment. This equipment is readily available and used by all of the following city beach cleaning operations; the City of Deerfield Beach, the City of Ft Lauderdale, the City of Hollywood Beach and Miami-Dade County. We feel it would be grossly unfair to rebid the RFP after the City has made public the rates and methods proposed by each bidder. 4.The Commission could accept the initial staff recommendation from the Parks and Recreation Department and award the contract to Beach Raker. We believe this is the fairest course of action. The Parks and Recreation Department recommended Beach Raker for the award of contract after thoroughly reviewing our bid and the extensive additional information that they requested. The City conducted a competitive bid process to insure that the City receive the best possible service at the lowest possible cost. We believe the City achieved its objective. Mr. Harden, we request that a copy of this letter be provided to the Commission members before their final decision on this matter. Sincerely, Beach Raker Timothy Greener President th 220 NE 13 Street Pompano Beach, FL 33060 Office: 954.560-3906 Fax: 954.301-0620 www.beachraker.net MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 27, 2012 AGENDA ITEM 10.E. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: PROPOSED SIX MONTH EXTENSION OF INNOVATION CORRIDOR STRATEGIC MARKETING PLAN IMPLEMENTATION ITEM BEFORE COMMISSION Consideration of a proposal to extend for an additional six months Phase II, Implementation of the Real Estate Strategic Marketing Plan for the Delray Beach Innovation Corridor (Congress Avenue). BACKGROUND Our consultant from Sperry Van Ness, Mr. David Wilk, has submitted the attached proposal entitled "Phase II Continuation - Implementation of the Real Estate Strategic Market Plan - Delray Beach Innovation Corridor", to continue assisting the City in kick starting redevelopment of the Congress Avenue Corridor, and the IWA (formerly Office Depot) property in particular. Also attached is a report outlining work which has been done to date and the status of current efforts. Continued assistance is especially critical at this time as offers have been made for residential development of the IWA property, which is not in keeping with the City's vision for this area. Also attached are examples of the marketing materials and publicity generated over the second half of 2012. Mr. Wilk brings a national perspective on the real estate market along with the contacts and reputation which have enabled him to interest some major developers and companies in the Innovation Corridor. While we have not yet been able to close a deal, Mr. Wilk has brought to the table people with the ability and access to resources required for a major development. In keeping with the anticipated work required, the proposed fee is $2,500 per month plus expenses through June of 2013. REVIEW BY OTHERS Vin Nolan, our Economic Development Director, has reviewed this proposal and recommends that we continue to retain Mr. Wilk's services. FUNDING SOURCE Funding will be available in account number 001-1211-512-34.90 following budget transfer. RECOMMENDATION I strongly recommend approval of the proposed agreement, subject to a provision being added which will allow the City to terminate the agreement at its discretion. Phase II (Continued) Implementation of the Real Estate Strategic Marketing Plan Presented To: Mr. David Harden, City Manager, Delray Beach, Florida December, 2012 December 10, 2012 Mr. David Harden City of Delray Beach City Hall Delray Beach, FL 33444 RE: Phase II Continuation - Implementation of Strategic Marketing Plan - Delray Beach Innovation Corridor Dear Mr. Harden: Following up on our meeting last Tuesday, I am providing this engagement letter for the continuation of my real estate advisory and consulting services on the newly designated Delray Beach Innovation Corridor and Park. The purpose of this continuation of Phase II work is to continue the progress we have made in Phase II from May through December, 2012 in creating the Delray Beach Innovation Corridor and Park branding strategies for the IWA property. Based on our efforts during the initial Phase II work, we have created additional demand and momentum for IWA and other underutilized land parcels along Congress Avenue in Delray Beach. Now is the time to finalize the ability of the City of Delray Beach to help control the IWA property and move the entire brand The following points set forth our proposed efforts and next steps for our continuation of Phase II real estate and advisory services: Continuing in our role on Phase II will involve working closely with City leadership, and Vin Nolan in particular, to engage with key stakeholders on the Delray Beach Innovation Corridor strategy and vision (IWA owners, neighboring property owners, state and local politicians, community groups, gov, real estate brokers and investors) in order to generate great publicity, market reaction and real estate demandmomentum. Our continuing involvement in Phase II implementation will focus on advancing the repositioning and rebranding strategy for from concept to reality through the process already underway for a new development plan and private investors will reinvent the IWA site into The specific steps will include, but not be limited to: 1)Continuing to push the owners of IWA to accommodate the Citys interest in making this property the key element for DBIC. 2)Working with the potential investors and partners we have identified to redevelop the IWA property into the Delray Beach Innovation Park. One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302-540-5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corpor 3)Finalizing a lease or sale agreement with the IWA owners which w for the first catalyst project on the property, and solidify the remaining unique mix of uses to become the main destination draw for the DBIC. 4)Continue working closely with Vin, the CRA, BDB, and real estate community to develop the necessary financing structure, planning, infrastructure, and economic development programming to insure that DBIC captures new demand from local, regional, and national users. 5)Through successful achievement of the redevelopment of the IWA property (into the Delray Beach Innovation Park) we will work collaboratively to create a jacent parcels along Congress Avenue between Atlantic and the Boca border. 6)Introducing sustainable energy (with solar and renewable fuel cells) to powe the redevelopment of the DBIC. 7)Continue to spend time working creatively with nearby property owners (Harddrives, Arbors, vacant land owners, and Delray Corp Ctr) to include them as a key part of the positive momentum to be created for DBIC. Phase II began by targeting specific users who will be ideal fits for the DBIC and Park. These targeting efforts led to a potential new economic development catalyst on the IWA property through facilitating negotiations with Avison Young and AEGON. The next step in the continuation of the Phase II process will be to close (or put under contract) an initial transaction on the IWA property. This result will build credibility and new energy for the DBIC and will feed on itself in growing additional demand in the short term for Delray Beach. The primary goal of the Phase II continuation will be to build towards a major PR event (in the form of a press conference) launching the new medical university concept at IWA. David J. Wilk, CRE, MAI will manage Phase II of the project and work closely with Vin Nolan in continuing to move Phase II forward in the most expeditious and successful way. We anticipate that the continuation of Phase II activities will span from the acceptance of this engagement letter through June, 2013, when we will be in a better position to address next steps and goals for the process. We will provide regular updates on our activities in terms of deal flow, opportunity areas, new property activity, pending market transactions, and targeting efforts for new users. All of these activities will be completed in concert with the continued elevation of the DBIC brand and driving maximum benefits, new residents, and jobs to the Delray Beach economy. One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302-540-5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corpor The continuation of our Phase II advisory fees will be structured to focus on getting buy-in from the IWA property owners to participate in the DBIC initiative, packaging the financial incentives for BDB, and creating initial new user deals and development interest in the DBIC. We suggest a fee structure for the continuation of Phase II activities of $2,500 per month plus out- of-pocket expenses for travel. Thank you for the confidence you have shown in allowing us the opportunity to continue our work with you on this wonderful project. I look forward to delivering significant additional value and benefits to the City of Delray Beach for Phase II in transforming Congress Avenue into the Delray Beach Innovation Corridor and Park. Very truly yours, David J. Wilk, CRE, MAI National Director, Corporate Real Estate & Advisory Services Agreed: Phase II Continuation of Services By: ____________________________________ One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302-540-5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corpor David J. Wilk, CRE, MAI equity firms, developers/investors, and institutions (universiti focusing on real estate strategies that generate new earnings, c Within these types of value propositions, Mr. Wilk also provides valuat development strategies for municipalities through repositioning strategies that optimize challenging real estate assets. Mr. Wilk was formerly National Managing Director of Duff & Phelp from 2008 through 2009 after they acquired Greystone Realty Advi in 1997. From 1995 to 1997 Mr. Wilk was Regional Director of Corporate Real Estate Services for Er Young LLP in the Middle Atlantic. From 1993 to 1995, Mr. Wilk w Valuation Group for Arthur Andersen in Philadelphia after Anders Associates, Inc., a real estate consulting company founded in 1987. From 1977 to 1987, Mr. Wilk he positions with Valuation Research Corporation, Arthur D. Little, Services for Kenneth Leventhal & Co in California. Mr. Wilk has been an Adjunct Professor at the University of Delaware Lerner Business School from 1989 to 2012 teaching Real Estate Finance (FINC 417), Real Estate Development & Invest467), and Delaware and is currently an Executive in Residence at Johns Hopkins University Carey Business School focusing on Corporate Real Estate Studies and Place-Making Economic Development Strategies. Mr. Wilk is a Counselor of Real Estate (CRE) and a Member of the Appraisal is a Licensed Real Estate Broker and Certified General Appraiser qualified as an expert witness in numerous State and Federal court jurisdictions on a national level. Mr. Wilk has 35 years of real estate experience on commercial, i governmental, and institutional real estate projects including h Canada, Mexico, Europe, South America, the Caribbean, Asia, and the Fortune 500 clients served have included; Johnson & Johnson, Che Technologies, MBNA America Bank, Hercules (Ashland), DuPont, Com&T, Exelon Energy, Bristol Myers Squibb, PNC Financial, Bank of America, AstraZeneca, Sun C Century Fox Film Studios, Irvine Ranch, Madison Square Garden, Santa Anita Racetrack, Dover D tels in South Beach, Pennsylvania Convention Center and Philadelphia Marriott Atoll in Micronesia (South Pacific) University of Pennsylvania P One Riverwalk Centre, 110 S. Poplar Street, Wilmington, DE 19801 P: 302-540-5959 All Sperry Van Ness® offices independently owned and operated. ©2008, 2010 Sperry Van Ness International Corporation. All Rights Reserved. SVN, SPERRY VAN NESS, and the SPERRY VAN NESS COMMERCIAL REAL ESTATE ADVISORS Logo are registered service marks of Sperry Van Ness International Corpor Update Phase II Real Estate Consulting Delray Beach Innovation Corridor Phase II built on the Phase I plan which created the Delray Beach Innovation Corridor and Park branding strategies. The following bullet points highlight the efforts and progress so far on Phase II implementation: Phase II involved working closely with Vin Nolan and City leadership to engage with key stakeholders on the new strategy and vision for the DBIC (Office Depot owners politicians and stakeholders, community groups, financing tools, (BDB, EF), real estate brokers and investors) to generate publicity, market reaction and demand momentum. Phase II advanced from initial news articles (attached) which appeared in May through July and brought private investors interested in Ph and market story (attached) which furthered the branding and mar, attracted new investors, and built community consensus with local/regional stakeholders. Our efforts in this regard also included, but were not limited to: 1)Phone calls and multiple meetings with CBRE and the owners of the IWA property (former Office Depot) to discuss an exit strategy and pricing parameters for this key element of the DBIC. 2)Introducing potential investors and partners to IWA starting in June and July who were interested in redeveloping the property into the Delray Beach Innovation Park. 3)Working with Vin, BDB, and the community to develop financing st -nomic development programming for DBIC to capture new demand and stimulate new private investment. 4)Sought gler (now Avison Young) and have been working with his group since July to move an offer on the IWA property and gain site control. This effort is still ongoing. 5)Continuously refining the concept for redevelopment of the IWA property (into the Delray Beach Innovation Park) in a way that will jacent parcels along Congress Avenue between Linton and the Boca border. 6)Investigating sustainable energy (with solar and renewable fuel cells) to powe redevelopment of the DBIC. 7)Working and sharing ideas with nearby property owners (Harddrives, Arbors, vacant land being offered for sale, and Delray Corp Ctr) to further the positive momentum being created for the DBIC. Phase II launched (in the form of the attached news articles) the DBIC brand and concept, along with the new Economic Development and Financial Incentive Program recently passed by the City Commission. In the process of getting IWA to enter into a definitive agreement with the Project Karma group through targeted specific users who are ideal fits for the Innovation Park. These targeting efforts led to the potential for 900 new jobs and associated economic development. Working in tandem with BDB, City manager, real estate partners, are expanding the Med-u-Tech brand and initiative to envelop the Delray Beach and Boca business communities. Building on the new PR with an ideal user for the IWA property (who has recently emerged), which would create the optimal result for AEGON/IWA and the City of Delray Beach. Our initial Phase II efforts under our contract which will end in December are at the point where we are in the middle of creating a confidential initial catalyst transaction on the IWA property. Continuation of Phase II efforts will not only allow us to spend the early months of 2013 finalizing a deal on the IWA property, but will be the ideal next step in building on the Citys vision for the entire Corridor. Congress Ave. at I-95 City of Delray Beach Palm Beach County, Florida VISION Transform the Congress Avenue Corridor in Delray Beach into the Delray Beach Innovation Corridor Create a catalyst project on the 42 ± acre IWA property that attracts users seeking technology, innovation, co-working space, and lifestyle connectivity. -95 access and visibility to generate new demand for its real estate. Connect Delray Beach with Boca - the area into a nexus of medical, educational and technological innovation. Congress Ave. at I-95 City of Delray Beach Palm Beach County, Florida IMPLEMENTATION PLAN A new strategic marketing and branding plan will reposition the 42 ± acre IWA property into The conceptual plan for the IWA property (on right) includes a unique mixture of innovative uses. A competitive financial incentive and economic development package is being formulated. Aesthetic and infrastructure improvements, CRA District formation and accelerated entitlements are being planned. being explored between Congress Ave. Tri-Rail, and downtown Delray Beach. Solar power and renewable/sustainable energy components will be incorporated to differentiate the DBIC. David J. Wilk |CRE, MAI Vincent P. Nolan Jr., CEcD Sperry Van Ness Economic Development Director National Director, Corp. RE & Advisory Services City of Delray Beach & Delray Beach Community One Riverwalk Centre Redevelopment Agency 110 Poplar St., Suite 103 | Wilmington, DE 19801 20 N. Swinton Avenue |Delray Beach, FL 33444 302.540.5959 |david.wilk@svn.com (561) 276.8640 www.valuecreaterealestate.com nolanv@mydelraybeach.com MEMORANDUM TO:Mayor and City Commissioners FROM:Linda Karch, Director of Parks and Recreation THROUGH:David T. Harden, City Manager DATE:December 21, 2012 AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: PARKS AND RECREATION POLICIES AND PROCEDURES FOR FACILITIES USE AND RENTAL FEES ITEM BEFORE COMMISSION Request Commission approval of Parks and Recreation Policies and Procedures for Athletic Field and Recreation Facility rental use and fee changes. BACKGROUND Attached for City Commission review are the Policies and Procedures for Athletic Field and Recreation Facility rental use. Incorporated in the policies and procedures are the following segments: 1. Definitions 2. General Policies 3. Athletic Field/Recreation Facility/Park/Pavilion/Pool Use Rules 4. Fees including For Profit, Not-for Profit and Community Groups 5. Frequent Athletic Field/Recreation Facility User Groups 6. Cancellations/refunds 7. Temporary Permit for Noise 8. Denial of Permits 9. Acceptance Parks and Recreation has instituted a new For-Profit fee category for facility and field rentals. Long- term agreements are also addressed in the rate structure. A comparison fee table is attached showing previously adopted rental fees and new recommended fees. A comparison of surrounding cities rental fees is attached for your review. On several occasions the Commission has expressed concern about long term rental agreements for Parks and Recreation facilities. In order to address the underlying concerns about particular groups monopolizing these facilities, the Commission may wish to have all agreements extending beyond a certain length of time, such as three months, come to the Commission for individual approval. RECOMMENDATION Staff recommends City Commission approval of the proposed Parks and Recreation Policies and Procedures and fee changes as well as direction on Long-Term rental agreements. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:December 21, 2012 AGENDA ITEM 10.G. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: EMPLOYMENT AGREEMENT/ CITY MANAGER ITEM BEFORE COMMISSION Approval of an employment contract with Mr. Chapman. BACKGROUND The Commission, at its December 18, 2012 gave direction to staff regarding certain terms of the proposed employment agreement between the City and Mr. Chapman. Those terms were incorporated into the proposed employment agreement and Mr. Chapman has accepted the terms of the proposed agreement. The essential terms of the Agreement are as follows: -the start date is April 1, 2013 -$160,000.00 beginning salary -Mr. Chapman may join the general employees pension plan or receive a 9.5% contribution to a 457 plan in lieu of joining the pension plan -vacation and sick leave shall start to accrue at the highest annual accrual and he shall be allowed advance use of up to 10 days of vacation and 10 days of sick leave as credit against his actual accrual of such leave -$400.00 net per month auto allowance -moving and packing expenses from Bloomfield, CT to Delray Beach -assistance with temporary living quarters not to exceed $1,500.00 per month and not to exceed 6 months -severance pay shall be pay equal to 20 weeks of compensation if terminated by the Commission for any reason other than just cause RECOMMENDATION City Commission discretion. MEMORANDUM TO:Mayor and City Commissioners FROM:R. Brian Shutt, City Attorney DATE:December 18, 2012 AGENDA ITEM 10.H. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: APPOINTMENT OF AN INTERIM CITY MANAGER ITEM BEFORE COMMISSION Appointment of an Interim City Manager. BACKGROUND Pursuant to Section 4.02(C) of the City Charter the Commission shall appoint an Interim City Manager upon the retirement of Mr. Harden. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 28, 2012 AGENDA ITEM 10.I. -REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: APPOINTMENT OF PERSON TO FILL UNEXPIRED TERM FOR SEAT #1 ITEM BEFORE COMMISSION Appointment of a person to fill the unexpired term of Commissioner Carney. BACKGROUND Pursuant to Section 3.08 of the City Charter if a vacancy occurs in the Office of Commissioner sixty or more days preceding the date of the next regular City election, the remaining Commissioners including the Mayor shall appoint, by a majority vote, a person to fill the vacancy. The person so appointed shall serve until the last Thursday in March 2013, which is the expiration date for Commissioner Carneys seat. In the event the Commission does not agree on a selection by the end of the second regular meeting, the charter provides that a special election would need to be called within sixty days to fill the vacancy. Attached is a list of the applicants who submitted their names, and qualify as electors, to be considered for appointment to the open commission seat. A procedure that may be used for selecting the new Commissioner is also attached. RECOMMENDATION Commission discretion. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 26, 2012 AGENDA ITEM 10.J. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: APPOINTMENTS TO THE CODE ENFORCEMENT BOARD ITEM BEFORE COMMISSION This item is before the City Commission for appointments to the Code Enforcement Board. BACKGROUND The terms for regular members Mr. Jason Dollard, Mr. Stanley Brodka, Mr. Ronald Gilinsky and alternate member Mr. Jason Whiteman will expire on January 14, 2013. Mr. Dollard, Mr. Gilinksy and Mr. Whiteman will have served unexpired terms, are eligible and would like to be considered for reappointment. Mr. Brodka will have served two (2) full terms and is not eligible for reappointment. Please be advised that Mr. Whiteman would like to be considered for regular membership. Secondly, there is a vacancy for an alternate member due to the resignation of Mr. Robert Wells. The term is unexpired ending January 14, 2013. Per Ordinance No. 15-12, the appointed member shall be allowed to serve the following full regular term without reappointment because the unexpired term is for a period of time less than six months. Appointment is needed for three (3) regular members and two (2) alternate members. All members of the Code Enforcement Board must be residents of the City. Appointments to both regular and alternate member positions shall be on the basis of experience or interest in the fields of whenever zoning and building control. The regular and alternate membership of the Board shall, possible , include an architect, a business person, an engineer, a general contractor, a subcontractor and a realtor. The following individuals have submitted applications and would like to be considered for appointment: NameBackground Mark Behar Entrepreneur-Local Business/Property Investor (currently serving on the Neighborhood Advisory Council) Incumbent Jason Dollard Attorney Incumbent Ronald Gilinksy Sales/Marketing Kevin Homer Insurance Consultant Robert Marks Chief Construction Inspector Iris McDonald Real Estate Development and Brokerage (currently serving on the Historic Preservation Board) Deanna Longo Registered Nurse (currently serving on the Police Advisory Board) Incumbent Jason Whiteman Attorney Based on the rotation system, the appointments will be made by Commissioner Jacquet (Seat #2), Commissioner Frankel (Seat #3) and Commissioner Gray (Seat #4) for three (3) regular members to serve three (3) year terms ending January 14, 2016. Mayor McDuffie (Seat #5) will appoint one (1) alternate member to serve a three (3) year term ending January 14, 2016. Commissioner Carney (Seat #1) will appoint one (1) alternate member to serve an unexpired term plus one (1) three year term ending January 14, 2016. RECOMMENDATION Recommend appointment of three (3) regular members to serve three (3) year terms ending January 14, 2016. One (1) alternate member to serve a three (3) year term ending January 14, 2016 and one (1) alternate member to serve an unexpired term plus one (1) three year term ending January 14, 2016. MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 26, 2012 AGENDA ITEM 10.K. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: APPOINTMENT TO THE POLICE ADVISORY BOARD ITEM BEFORE COMMISSION This item is before the City Commission for an appointment to the Police Advisory Board. BACKGROUND There is one (1) vacancy on the Police Advisory Board for a student member. The term is unexpired ending July 31, 2013. Appointment is needed for one (1) student member. In order to qualify for appointment, a person shall be either a resident of, own property, own a business or be an officer, director or manager of a business located within the City of Delray Beach. Membership shall include a diverse cross section of the community; business owners, religious and faith based organizations, youth, school officials and local organizations, where feasible. The following individuals have submitted applications and would like to be considered for appointment: Student Stherline Joseph Student Ryan Longo A check for code violations and/or municipal liens was conducted. None were found. Stherline Joseph is a student and is not eligible to vote. Ryan Longo is a student and registered voter. Based on the rotation system, the appointment will be made by Commissioner Gray (Seat #4) for one (1) student member to serve an unexpired term ending July 31, 2013. RECOMMENDATION Recommend appointment of one (1) student member to serve an unexpired term ending July 31, 2013. MEMORANDUM TO:Mayor and City Commissioners FROM:Ronald Hoggard, AICP, Principal Planner Paul Dorling, AICP, Director Planning and Zoning THROUGH:City Manager DATE:December 20, 2012 AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: ORDINANCE NO. 41-12 (SECOND READING/SECOND PUBLIC HEARING) ITEM BEFORE COMMISSION Consideration of a privately-initiated rezoning from POC (Planned Office Center) to SAD (Special Activities District) for Delray Place, located at the southeast corner of Linton Boulevard and South (THE APPLICANT HAS THAT THIS Federal Highway (1801 and 1845 South Federal Highway). ITEM DEFERRED) BACKGROUND The City Commission passed Ordinance No. 41-12 on First Reading on November 6, 2012. The SAD rezoning process requires that a site plan be included with an SAD rezoning ordinance and that SPRABs review occur between first and second reading of the ordinance. The current site plan for Delray Place (attached) was reviewed by SPRAB on December 12, 2012 and received denials on the Class V Site Plan, Landscape Plan, Architectural Elevations and six of the associated waivers. On December 14, 2012, the applicant submitted an appeal of the SPRAB decisions to the City Commission. This appeal was to be scheduled for January 3, 2013, in conjunction with the second reading of the SAD rezoning ordinance. On December 17, 2012, the applicant submitted a letter requesting that SPRAB reconsider its denial of the Delray Place Site Plan, which included denials of a Class V Site Plan, Landscape Plan, Architectural Elevations and associated Waivers; and agree to review revised plans at a later date on the conditions that the appeal to the City Commission be withdrawn; and that the revised Site Plan, Landscape Plan and Architectural Elevations be brought back before SPRAB no later than March 13, 2013. At its meeting of December 19, 2012, SPRAB moved to reconsider denial of the project subject to the two conditions. On December 20, 2012, the applicant submitted a letter requesting that the appeal be withdrawn and that the second reading of the ordinance be deferred. RECOMMENDATION Move to continue the public hearing on the second reading of Ordinance No. 41-12, the Delray Place SAD Rezoning Ordinance. SITE PLAN REVIEW AND APPEARANCE BOARD MEMORANDUM STAFF REPORT Project Agent: Weiner, Lynne, & Thompson, P.A. Project Name: Delray Place Project Address: 1801-1845 South Federal Highway ITEM BEFORE THE BOARD At its meeting of December 12, 2012, the Site Plan Review and Ap Class V Site Plan, Landscape Plan, Architectural Elevations and Place, a proposed shopping center located at the southeast corneth Federal Highway and Linton Boulevard. The applicant has requested a reconsideration of the denial. The be considered by SPRAB only deals with the reconsideration, if granted, the revised site plan will be brought before SPRAB at a later date. STAFF RECOMMENDATION Move to reconsider the denial of the Delray Place Site Plan, which ind denials of a Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers, subject to the following conditions: 1. That the appeal to the City Commission of the December 12, 2012 Site Plan Review and associated with the project be withdrawn; and 2. That the revised Site Plan, Landscape Plan and Architectural Elebe brought back before SPRAB no later than its first meeting in March, scheduled for March 13, 2013. Attachments: SITE PLAN REVIEW AND APPEARANCE BOARD CITY OF DELRAY BEACH ---STAFF REPORT--- December 12, 2012 MEETING DATE: Delray Place: Class V Site Plan, Landscape Plan and Architectural Elevations ITEM: IV. A. associated with construction of a 137,799 sq. ft. shopping cente commercial buildings, parking and landscaping on a 9.95 acre sit southeast corner side of Linton Boulevard and South Federal Highway. (1801 and 1845 South Federal Highway). GENERAL DATA: Agent................ Weiner, Lynne & Thompson, P.A. Location.................................. Southeast corner of Linton Boulevard and Federal Highway (1801 and 1845 South Federal Highway) Property Size.......................... 9.95 acres Existing FLUM......................... TRN (Transitional) Current Zoning........................ POC (Planned Office Center) Proposed Zoning..................... SAD (Special Activities District) Adjacent Zoning............North: PC (Planned Commercial) and RM (Multiple Family Residential - Medium Density) East: R-1-AA-B (Single Family Residential) And CD (Conservation District) South: PC (Planned Commercial); RM (Multiple Family Residential-Medium Density); R-1-AA-B (Single Family Residential. West: PC (Planned Commercial) Existing Land Use................... Old Harbor Office and Bank Facility Proposed Land Use................ Multiple building commercial shopping center development Available via connection to a water main located on the east side on the south side of Linton Boulevard. Available sewer main located on Eve Street. ITEM BEFORE THE BOARD The item before the Board is the approval of the following aspects of a Class V site plan request Delray Place for, pursuant to Land Development Regulations (LDR) Section 2.4.5(F): Site Plan; Landscape Plan; Architectural Elevations; and Waivers The subject parcels are located at the southeast corner of Linton Boulevard and South Federal Highway (1801 and 1845 South Federal Highway). BACKGROUND ANALYSIS The 9.95 acre property was originally annexed into the City of Delray Beach in the early 1980's. The existing development on the property, which was constructed in 1983, is known as the Old Harbor Office and Bank Facility, and consists of 96,702 square feet of office use in three buildings. In 1991, the City of Delray Beach adopted new Land Development Regulations and the property was assigned the new zoning designation of POC (Planned Office Center), which was consistent with the existing office development. A policy requiring that a redevelopment plan be prepared for South Federal Highway was added to the Comprehensive Plan in Amendment 2008-1, adopted on December 9, 2008. In March of 2011, staff attended two public workshops with property owners, residents and business owners in the area to discuss existing conditions, identify problems and listen to what the attendees had to say about how the area should be redeveloped. After the initial workshops, staff prepared a series of recommendations for the redevelopment area and held a second set of two workshops in June of 2011 to discuss the recommendations and get feedback from the attendees. Staff presented two alternatives for the redevelopment of the subject property at these workshops. One alternative was to rezone the property to PC (Planned Commercial) to allow development of a commercial shopping center. The second alternative was to rezone the property to AC (Automotive Commercial) to allow development of an automobile dealership. Staff’s recommendation was for the Planned Commercial alternative and the response from residents was generally favorable, although some residents felt that the area was better suited for automobile sales, which they also felt would be less impacting to the adjacent neighborhood. The property was acquired by the current owner in September, 2011, and an application to initiate a Future Land Use Map amendment and a zoning change to PC (Planned Commercial) was submitted on January 6, 2012. Since the proposal was in keeping with staff’s recommendation, the application was supported by staff. However, residents were concerned that the redevelopment of the property would not have to comply with buffering and setback provisions which had been previously presented for inclusion in the redevelopment plan, and felt that action on the proposal should be delayed until the Redevelopment Plan was completed. Ultimately, the application was continued for a period of up to six months at the public hearing on the ordinance by the City Commission on April 3, 2012. This continuance was to give the applicant time to address the concerns of the residents of the adjacent neighborhood to the east. Since the residents’ concerns were mostly site development issues related to building size, setbacks, location of service areas, and buffering, an alternative rezoning to SAD (Special Activities District) was also discussed. This zoning district requires that a site plan be included as part of the rezoning action and would provide a higher level of comfort to the adjacent residents. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 2 The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. The Plan recommended that the subject property retain its original POC zoning with the option for a privately-initiated rezoning by the property owners to SAD. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property is not required to comply with the Redevelopment Plan per se. However, it is noted that the underlying issue of compatibility with the adjacent residential neighborhood, discussed in the Redevelopment Plan, must still be addressed during consideration of the project proposal. If the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. On August 21, 2012, the City Commission approved the applicant’s request for up to an additional 6 months (in addition to the 6 months previously granted) to submit a privately sponsored rezoning from POC (Planned Office Center) to SAD (Special Activities District) for the subject property. The applicant amended the rezoning application on September 7, 2012 to request SAD zoning. The SAD rezoning process is shown below: 1. Planning and Zoning Board review of the SAD and a recommendation made to the City Commission; 2. First reading of the SAD Rezoning Ordinance by the City Commission; 3. Review of the site plan by the Site Plan Review and Appearance Board; and 4. Second and final reading of the SAD Rezoning Ordinance, which will include the approved site plan, by the City Commission. Now before the Board for consideration is a Class V Site Plan proposal for the project which includes construction of a 136,170 sq. ft. (137,799 sq. ft. with alternative layout) shopping center consisting of twelve buildings, parking and landscaping on the subject property. This is Step 3 in the SAD rezoning process. The Planning and Zoning Board recommended approval of the SAD rezoning on October 15, 2012 and the City Commission passed the SAD Rezoning st Ordinance on 1 Reading on November 6, 2012. Second and Final reading of the Ordinance is scheduled for January 3, 2013. It is noted that both the P&Z Board recommendation and City Commission approval did not endorse the related site development plan. It was anticipated that modifications of the site plan would be made to ensure compatibility with adjacent properties. Actions on the site plan as it relates to this compatibility were deferred to SPRAB. PROJECT DESCRIPTION The development proposal consists of the following elements: Building “100”: 3,967 sq. ft. bank with drive-thru lanes; or alternative plan with 5,596 sq. ft. of retail/restaurant use. Building “200”: 5,599 sq. ft. of retail/restaurant use with outdoor dining area. Building “300”: 5,694 sq. ft. of retail/restaurant use with outdoor dining area. Building “400”: 7,782 sq. ft. of retail/restaurant use with outdoor dining area. Building “500 - 504”: 30,535 sq. ft. of retail use with enclosed truck wells, loading area and trash compactor. Building “506 - 510”: 44,151 sq. ft. of retail use and enclosed truck wells, loading area and trash compactor. Building “600”: 5,000 sq. ft. of retail/restaurant use with outdoor dining area. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 3 Building “700”: 5,000 sq. ft. of retail/restaurant use with outdoor dining area. Building “800”: 5,000 sq. ft. of retail/restaurant use with outdoor dining area. Building “900”: 5,475 sq. ft. of retail/restaurant use with outdoor dining area. Building “1000”: 5,475 sq. ft. of retail/restaurant use with outdoor dining area. Building “1100”: 5,475 sq. ft. of retail/restaurant use with outdoor dining area. Construction of a 446 space parking lot (453 with alternative Building 100 layout) Installation of associated landscaping and design elements, including trellises, benches and trash compactor enclosures. The following requests for relief are associated with this Class V application: 1. A waiver to the 25% open space required by LDR Section 4.3.4(K) (17.5% provided). Final approval of this waiver is by the City Commission. 2. A waiver for pavement encroachment into the required 15’ perimeter setback for the SAD district. Pursuant to LDR Section 4.4.25(D)(1), “Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street.” Final approval of this waiver is by the City Commission. 3. A waiver to LDR Section 4.3.4(H)(6)(b)(1), requiring a 25 foot landscape buffer along South Federal Highway. Final approval of this waiver is by the City Commission. 4. A waiver to LDR Section 4.3.4(H)(6)(b)(4), requiring a special landscape buffer at the smaller distance of either 30' or 10% of the average depth of the property along Linton Boulevard. Final approval of this waiver is by the City Commission. 5. A waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, requiring a stacking distance of 50 feet between a right-of-way and the first parking space or aisle way in a parking lot. Final approval of this waiver is by the City Commission. 6. A waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less fifteen (15) than one landscaped island for every thirteen (13) standard parking spaces or compact parking spaces. Final approval of this waiver is by SPRAB. 7. A waiver to LDR Section 4.6.16(H)(3)(k), requiring a 5’ landscape strip with a two foot hedge to be placed between abutting parking tiers. Final approval of this waiver is by SPRAB. Note: The relief being sought with Waivers 1, 3 and 4 above would normally require variances granted by the Board of Adjustment. Since these variances would be required prior to action on the Site Plan by SPRAB, the applicant is seeking an alternative method of relief whereby the City Commission may grant waivers to these sections of the code. Under LDR Section 2.4.7(B)(1)(b), “Special Power to the City Commission”, the City Commission may grant a waiver to any provision of these regulations where there is no other avenue for relief available in these regulations. Since relief to the applicable sections is available through the variance process, the applicant is also seeking a waiver to LDR Section 2.2.4(D)(4)(a), which gives the Board of Adjustment authority to grant variances to the General Development Standards set forth in Section 4.3. This waiver is being sought subject to Code of Ordinances Section 30.15, “Waivers of City Ordinances”, which has specific public notice requirements. With approval of this waiver, no avenue of relief would then be available to the applicable LDR SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 4 Sections, and thus the City Commission could utilize its special powers under 2.4.7(B)(1)(b) to waive the requirements. Although staff does not agree with this round-about procedure being utilized for these waivers, this is a procedural issue that will be argued before the City Commission. At this time, SPRAB should base its recommendation to the City Commission on the merits of the relief as it relates to site plan approval. SITE PLAN ANALYSIS COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. SAD Rezoning Ordinance: The applicant submitted a revised SAD Rezoning Ordinance (attached). Staff has a number of concerns with the following sections of the Ordinance which have an impact on the site plan: Section 4. Permitted Uses and Maximum Intensity. That the development of the Subject Property described in Section 2, above, is approved for all uses set forth in LDR Section 4.4.9, General Commercial (GC) to include but not be limited to commercial, retail, office, business, medical, service, restaurant, and other commercial related uses. The Permitted Uses are authorized for implementation anywhere within the Subject Property except as follows: up to and no more than 50% Restaurant use and up to and no more than 15% Medical Office use, except as may be further modified pursuant to Section 7 of this ordinance. The maximum approved square footage for development on the Subject Property is set forth on the approved site plan attached hereto as Exhibit “B” and as further limited by Palm Beach County traffic concurrency approval. For purposes of this ordinance, the term “Restaurant” shall not include food service establishments for which countertop sales generally occur prior to consumption, or payment is generally made prior to consumption, or where dining facilities have no table ordering service by wait staff, with such food service establishment uses being deemed Retail uses. Under this section of the ordinance, the total amount of restaurant use could be up to 65,441 square feet. This is clearly too much restaurant space for the project, which would put too heavy a demand on the provided parking. The proposed parking is 71 spaces deficient of the currently accepted shopping center standard and is discussed in the Parking section of this report. Secondly, the ordinance states that food service establishments which have sales prior to consumption are not to be classified as restaurants. This definition does not agree with current practices in the City, whereby establishments may only be classified as retail if they do not provide seating or the only seating is a sidewalk café and no wait staff is utilized to serve patrons seated at the sidewalk café. Fast food restaurants like McDonalds, Burger King, Subway, etc., which take payment prior to consumption but still have seating, are clearly restaurants. The ordinance should be amended to reflect current practices in this regard. Section 5. Uses Adjacent to Linton Boulevard. Restaurants which are located within the structures adjacent to Linton Boulevard identified on the approved site plan as Buildings 600, 700, 800, 900, 1000 and 1100, shall have the following additional restrictions: (i) No outdoor entertainment shall be permitted; (ii) Restaurant uses shall be limited to no more than 35% of the gross combined square footage of the Buildings 600, 700, 800, 900, 1000 and 1100; and (iii) Outdoor table ordering service shall not be permitted after 10 pm Sunday through Thursday and after 11 pm on Friday, Saturdays and Holidays. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 5 Under this section of the ordinance, restaurants may occupy up to 35% of the floor area of Buildings 600-1100. This equates to 10,998 square feet of the total 31,475 square feet in this area. This is clearly too much restaurant space in an area of the site which only provides a total of 134 parking spaces. This is discussed in the parking section of this report. Section 8. Incorporation of Additional Lands for Parking or Open Space Use. That any future requested modification to the approved site plan which seeks to incorporate adjacent property into the Subject Property for use as drive aisles, parking, landscaping, open space, and/or other site work items for the benefit of the Subject Property shall be processed as a site plan modification, reviewed either administratively or by the Site Plan Review and Appearance Board, in the sole discretion of the City. Any such modification shall not be considered an amendment to this ordinance such as would otherwise require compliance with public notice and hearing procedures for rezoning ordinances and said site plan modification, once certified by the City, shall control in all instances to the extent of any inconsistency with any other approval granted by the City. The purpose of this section of the ordinance is unclear. The only surrounding property zoned for commercial use is the Tropic Square Shopping Center to the south, which lies across Eve Street. The rest of the surrounding property is zoned residential, except the property to the east, along Linton Boulevard, which is zoned Conservation District. Use of any of these properties would also require a Future Land Use Map amendment. Any such modifications of the boundaries of the project would require a modification of the SAD through the rezoning process. This section should be stricken from the ordinance. Section 9. Restrictions on Delivery Truck Routing. That all loading, unloading, and deliveries utilizing commercial delivery trucks with a US DOT Federal Highway Administration (FHWA) Vehicle Inventory and Use Survey (VIUS) standards classification of 8 Heavy Duty, having a gross vehicle weight rating (GVWR) of 33,000 pounds or more that are 75 lineal feet or longer, shall not be allowed to perform any southbound Federal Highway “U-Turn” movements at the Tropic Boulevard intersection to access the Subject Property and shall only access the Subject Property via northbound Federal Highway and/or via eastbound Linton Boulevard. While staff applauds the applicant’s attempt to regulate this issue, it is not clear how this provision will be enforced. The possibility that these turning movements will occur regardless of this restriction should be considered with approval of the site plan. Section 10. Restrictions on Loading Hours. That any loading/unloading/delivery of goods to the Subject Property shall not occur before 6am or after 9pm daily with the exception that any loading/unloading/delivery of goods for any grocery/supermarket/food store use on the Subject Property shall not occur earlier than 5am or after 10pm. The early morning hours are a concern for the 500 buildings adjacent to the residential community to the east. Additional provisions should be included to require the overhead doors for all enclosed truck well and loading areas to remain closed at all times that delivery vehicles occupy these spaces. The applicant has suggested that the trucks (tractor trailers) making deliveries to the rear of the anchor tenants do not utilize a beeping device for backing up. If this proves not to be the case, these delivery times will have to be adjusted. Therefore the ordinance should be modified to state that trucks which have backup beepers are prohibited before 7:00 am or after 7:00 pm. Section 11. Restrictions on Trash Collection Hours. That trash pickup from the Subject Property shall not occur before 7am or after 6pm daily. This provision is appropriate. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 6 Section 4.4.25 Special Activities District (SAD) Regulations Perimeter Setback Landscape Requirements: Pursuant to Section 4.4.25(D)(1), “A minimum setback of fifteen feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street.” This requirement has not been met (see waiver analysis below). Waiver to Perimeter Setback Landscape Requirements: A waiver has been requested to allow pavement to encroach into the required landscape areas of the perimeter setback at three areas along Linton Boulevard, South Federal Highway and Eve Street. 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 justification statement regarding the waiver request: A. Approval of the waiver will not adversely affect the neighboring area. The proposed redevelopment of the property is to create a landmark corner of complimentary retail uses amenities and designed with the intention of creating a sense of place in the community. The site is physically predetermined by its history of use as well the existing surrounding community. Things like access points and parcel depth are set by the established development pattern. The redesign is also intended to provide pedestrian amenities and additional ingress/egress to the interior of retail uses for pedestrians accessing the property from the surrounding residential neighborhoods. To the extent the property must comply with the perimeter landscape requirements of LDR Section 4.4.25(D)(1), the only possible location of the various areas of the pavement and sidewalk as indicated on the site plan is within the perimeter landscape buffer. Other pinched points reflect the reality of redevelopment. LDR Section 4.4.25(D)(1)(d) provides: A minimum setback of fifteen feet shall be established around the perimeter of any property developed under the SAD designation. Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street. (Emphasis added). SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 7 The various areas of the pavement and sidewalk as indicated on the site plan within the landscape buffer provide ingress and egress for vehicular and pedestrian traffic. The landscape buffer generally meets the width requirements of the LDR. However, the LDR expresses an aspiration (though not a requirement) that such uses be “generally” perpendicular to the landscape buffer. In this instance, the owner is requesting the pavement and sidewalk be parallel, rather than perpendicular to the buffer as depicted on the site plan. Consistent with efforts to create more active streetscapes, particularly in such redevelopment corridors, buildings not just pedestrian features have been designed along the perimeter roadway. In addition to the items listed above, some of these areas are also intended to be potential locations for future Sidewalk Cafés (subject to additional approval and permitting requirements) and to otherwise mitigate the otherwise likely trampling of the landscaping from those who elect to access the property through the plaza by foot (as one of the goals of the project is the make the South Federal Highway area more livable and walkable). The owner anticipates pedestrians will walk through the landscaping and therefore the purpose of the path/sidewalk is to also protect the required landscaping as well as the patrons to the site from otherwise unforeseen trip hazards. For these reasons, and if approved, this Waiver will not adversely affect the neighboring area. Therefore, a positive finding as to this element can be made. B. Approval of the waiver will not significantly diminish the provision of public facilities. Approval of the Waiver would significantly add to the provision of public facilities. Therefore, a positive finding as to this element can be made as well. C. Approval of the waiver will not create an unsafe situation. Allowing vehicle and pedestrian connections between the plaza and the parking lot as depicted on the site plan will create a safer situation since patrons will be able to access the property via a sidewalk and paving areas rather than walking through the landscaping which may be a tripping hazard. Therefore, a positive finding as to this element can also be made. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. The approval of waivers of such site amenities is the reason the concept of a “waiver” has been incorporated into the LDRs. Other projects have been granted similar waivers such as the Alta Congress project and the Delray Community Pharmacy project, all in order to improve the use and functionality of the site for which the LDR could not have otherwise contemplated. Sidewalk Cafés are approved on public rights-of-way throughout the City. Staff Review of Waiver: The first encroachment involves the driveway/parking aisle along Linton Boulevard opposite the 1000 to 1100 buildings. The site is extremely narrow at this location due to increased right-of- way for Linton Boulevard to accommodate the approach to the bridge. This right-of-way area is open space that will not be developed. The landscape plan shows the extension of the project’s landscaping into this area. Under these circumstances, a waiver to the requirement at this location is appropriate. The second encroachment involves the sidewalk surrounding the north and west sides of the 100 building (bank configuration). The proposed site plan is already deficient in open space; and additional waivers have been requested to reduce the special landscape setbacks along Linton SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 8 Boulevard and South Federal Highway. The sidewalk’s further intrusion into the 15’ landscape area in this area is unwarranted. The waiver should be denied in this area and the site plan modified accordingly. The third encroachment involves a sidewalk and outdoor dining area along the south side of the 400 building. The outdoor dining adjacent to this building is an extension of the perimeter sidewalk on Eve Street and will be utilized for a sidewalk café. Under these circumstances, a waiver to the requirement at this location is appropriate. Parking: Pursuant to LDR Section 4.4.25(E)(1), “Parking and loading requirements (number of spaces) shall be as set forth on the site and development plan.” The parking requirement for shopping centers of this size is typically 4 spaces per 1,000 square feet in the City [LDR Section 4.6.9(C)(3)(e).] This would result in a requirement of 517 spaces for the 129,253 square foot shopping center. The proposed site plan shows 446 spaces, a reduction (13.7%) from this requirement with a deficit of 71 spaces. The alternative plan for the 100 building would require 524 spaces for the 130,882 square foot shopping center, while 453 have been provided (a deficit of 71 spaces or 13.5%) In addition, the SAD Rezoning Ordinance states that up to 50% of the floor area of the shopping center may be restaurants. On a square footage basis, restaurants are one of the highest parking demand generators within shopping centers. Since, all of the uses of the shopping center are accessed at the same rate, a high percentage of uses that have a higher demand on parking could result in a parking problem in this area. A reduction in the total percentage of restaurants in the development should be considered. Adequate parking is being provided for the buildings along Linton Boulevard to meet the shopping center parking requirement of 4 spaces per 1,000 square feet. However, the SAD Rezoning Ordinance states that up to 35% of the floor area of the buildings in this area may be restaurants. Since, this area is separated from the major parking field for the shopping center (less opportunity for sharing) and no off-site public parking is available, staff has a concern that this percentage is too high, especially given the potential for an extensive sidewalk café system adjacent to these buildings. Given the limited parking, a reduction in the percentage of restaurants should be considered. While a waiver is not required for the SAD zoning District, the number of spaces must be adequate to support the proposed development. Although a parking study has been provided by TrafTech to support this reduction, staff has a number of concerns. The overall parking ratio for the project as designed is 3.46 per 1,000 square feet of commercial space. The Parking Needs Analysis in the Study, which is based on information published by the Institute of Transportation th Engineers (ITE) in their Parking Generation (4 Edition) manual, sets the maximum parking required for the center at 385 spaces. Staff reviewed the ITE report and notes that the figure presented represents the “average peak period parking demand” of 2.94 vehicles per 1,000 sq. ft. The proposed shopping center at this location is a highway-oriented development. While some bike and pedestrian traffic can be expected from the surrounding communities, the majority of the patrons visiting the site will drive and park on site. There are no public parking lots available in the immediate area and crossover visits from people parking on adjacent properties is not expected. Given this situation, staff believes that it would be prudent to utilize a higher demand figure than the average -- that is it would be better to over-park than under-park in this shopping center. The range given for the shopping centers surveyed in the ITE study is given as 1.32 to th 4.66 vehicles per 1,000 square feet and the 85 percentile is given as 3.90. For comparative purposes, the Urban Land Institute’s “The Dimensions of Parking (Fifth Edition)” gives a recommended parking ratio of 4 spaces per 1,000 square feet for shopping centers having no SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 9 more that 10% of gross leasable area in nonretail sales. With the high potential for restaurant space in this center, as requested by the applicant, even the 4.0 figure may be too low. Staff recommends that the project comply with the City’s standard shopping center parking requirement and provide 4.0 spaces per 1,000 sq. ft. As noted above, the redevelopment proposal is 71 parking spaces short of this minimum requirement. As noted elsewhere in this report, the major issue with the site plan is the level of intensity. Since there is a direct relationship and balance between building area, open space, and parking, when one component is out of balance, the other components are compromised. This is what is happening with the proposed site plan. The property is just not large enough to accommodate the proposed building area without sacrificing these other components. The result is a project that staff feels is not compatible with the surrounding area. This one issue also has a direct impact on many of the other deficiencies identified by staff, such as a 7.5% deficiency in open space, 18.2% deficiency in parking, lack of landscape islands in the parking lot, missing landscape strips in the parking lot, failure to meet special landscape setbacks, and inadequate buffering of adjacent residential development. By reducing the building area and putting that area in open space, the open space requirement could then be met. Obviously a balancing act is required and the economic impacts are a major concern for the developer. LDR Section 4.3.4(K) Development Standards Matrix – Nonresidential Zoning Districts: The following address the Development Standards of LDR Section 4.3.4(K) as it pertains to the Special Activities (SAD) zoning district: Building Height: The maximum height in the SAD zoning district is 48 feet. Although all the proposed buildings are 1-story with the top of roof at 18 feet, they appear much higher from the front and sides adjacent to the parking areas with decorative parapets, towers, and entry features projecting up to 40 feet in some instances. It is noted, however, that these elements do not occur in the rear of the buildings, adjacent to the residential area to the east where parapets are generally 22 to 23 feet in height. Building Setbacks: The required perimeter building setback in the SAD zoning district is 15 feet, and all of the proposed buildings meet this requirement. The front and side street setbacks vary throughout the site with the four outbuildings creating an urban edge along South Federal Highway. Three of these building are set back 20 feet and one (the bank) is set back 15 feet. The larger 500 buildings are positioned to the rear of the parcel at the rear 15 foot setback line to maximize the available parking area. The 600 to 1100 buildings facing Linton Boulevard are also positioned at the rear 15 foot setback line in order to provide adequate area in the front for parking and pedestrian connectivity along this narrower section of the property. Open Space: The required open space in the SAD zoning district is 25%, while only 17.5% (alternative layout) has been provided. (see waiver discussion below) Waiver to 25% Open Space Requirement: A waiver has been requested to reduce the open space from the 25% required pursuant to LDR Section 4.3.4(K) to 17.5%. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 10 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 justification statement regarding the waiver request: A. Approval of the waiver will not adversely affect the neighboring area. The policy of the requirement of site-specific open space is not specifically explained in the City’s Code of Ordinances; Land Development Regulations; or Comprehensive Plan. It is simply a defined term in Appendix “A” of the City’s Land Development Regulations as generally being an area of natural plant communities or areas replanted with vegetation after construction. This permits for sod and buffers areas to count but provides not consideration for pedestrians and gathering areas. In many jurisdictions, open space has a broader designer meaning as the need for useable open space and hardscape amenities also works to create a sense of place for the community. This is particularly for more urban settings where redevelopment is being promoted like this corridor. One can surmise that open space requirements are intended to prevent the over-development of a property through requiring green space in relation to a specific project. However, open space requirements must be balanced incentivizing, redirecting and encouraging land development projects in existing infill urban redevelopment. Stated otherwise, and as recognized by the U.S. Green Building Council, the element of “Site Selection” by redevelopment of existing development land is as “green” as building on formerly undeveloped virgin land. This is also more economical for cities as it puts development where facilities are underutilized. As a general premise, the open space requirement of 25% of properties zoned SAD (Special Activities District) appears from current zoning trends across municipalities to be more appropriately applied to projects in the western suburban communities. This is consistent with comparable communities throughout Palm Beach County for urban commercial projects which require no more than 15% open space, such as Palm Beach Gardens. Here the open space definition includes hardscape, pedestrian amenities and water features as well. The applicant is seeking to reduce allowable open space from 25% to approximately 17% but in exchange it is providing infill redevelopment in a corridor with existing facilities and where development is being encouraged. This is not a vacant property but is redevelopment of a property that has been configured over the years to be in the form and configuration it is now. Thus it is not a blank slate but has baggage that needs to be part of the considerations as the waiver provision can provide. The proposed development is providing other considerations for useable open space from outdoor gathering areas, to improved perimeter pedestrian treatments and pedestrian connections. This does not adversely affect the neighboring area. The extensive landscape plan submitted concurrent with the site plan mitigates any perceived adverse effect caused by the requested approximate 8% reduction in open space. Therefore, the applicant believes approval of this waiver will not adversely affect the neighboring area. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 11 B. Approval of the waiver will not significantly diminish the provision of public facilities. While open space itself is not an aspect of public facilities such as water, sewer and drainage, granting this waiver will allow existing utilities to be utilized more efficiently and effectively, which is the intent behind urban infill redevelopment. Though the City’s Open Space Element of its Comprehensive Plan does address parks and other publicly-owned open space, those requirements are not applicable to a non-residential project such as Delray Place. However, the project’s desire to provide more people oriented open space is in keeping with encouraging public amenities. C. Approval of the waiver will not create an unsafe situation. Reduced landscaped pervious space does not create an unsafe situation. Therefore, this criteria is also inapplicable to the analysis. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. (1) Waiver vs. Variance Procedure The City’s Planning Staff has questioned whether the City’s waiver process is available to open space requirements. We are not aware of whether requests for reduction in open space have been processed by the City as variances before the Board of Adjustment or as waivers before the City Commission. However, the plain language of the City’s Land Development Regulations clearly provides that otherwise required open space is subject to waiver as set forth in LDR Section 2.4.7(B). More specifically, LDR 2.4.7(B)(1)(a) provides: A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development application. Open space requirements are “substantive” items within the Land Development Regulations. Therefore, such an item is subject to waiver by the City Commission. The City’s Planning Staff questions whether open space reductions are to be addressed by a variance before the Board of Adjustment. Assuming, for purposes of this request, that the City’s is correct, LDR 2.4.7(B)(1)(a) nonetheless authorizes the City Commission to waive a procedural provision of the Land Development Regulations. The City Commission is authorized (and there is existing prior precedent) to grant relief from general developments requirements as waivers heard and approved by the City Commission, rather than as requests for variances heard by the Board of Adjustment. The history and intent of the SAD zoning regulations support this interpretation. (2) Legislative Intent of SAD Zoning LDR Section 4.4.25, governing SAD-zoned properties, and by its own language, provides that the zoning is meant for “large scale and mixed projects for which conventional zoning is not applicable.” The uses and design of each SAD project are established by ordinance, adopted by SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 12 the City Commission, as a rezoning and as set forth on the site-specific development plan, per LDR 4.4.25(C). LDR 4.4.25(D) sets forth the development standards for SAD projects and provides that the standards “as set forth in Section 4.3.4 shall apply” except for perimeter and interior setbacks. LDR Section 4.3.4(K), which is the City’s “Development Standards Matrix” for nonresidential zoning districts redirects the City back to LDR 4.4.25 with regard to the applicable development regulations. This circular regulatory framework, though confusing, can lead to only one conclusion – the City Commission, through the site planning process, is to have “final say” over the use and design of SAD projects. Therefore, notwithstanding the wording used, the “final say” as to open space in the Delray Place SAD project is within the exclusive province of the City Commission. LDR Section 2.4.7(B) thereby affords the City Commission the right and authority to waive any conflicting substantive or procedural provisions to the contrary. (3) Consistency with South Federal Highway Redevelopment Plan The assertions reached in this waiver request are further supported by the recently adopted “South Federal Highway Redevelopment Plan” which recognized this corner as being “a catalyst for economic development in the City.” Likewise, the City readily acknowledged the reality that “[t]he private sector will be the driving force behind the revitalization of the Redevelopment Area.” More specifically, the Plan itself states: It is the intent of this [P]lan to make South Federal Highway a unique place that will encourage the development of commercial, office and residential uses in an urban setting. It is our hope that it will also serve as a catalyst to increase property values and increase the City’s employment. The private sector will be the driving force behind the revitalization of the Redevelopment Area. This Plan will give property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by the Plan. The Plan continues: This section of the Plan provides all the recommendations for the redevelopment area, including Future Land Use Map amendments, rezoning and amendments to the Land Development Regulations. The Applicant is seeking to implement proven designs for retail centers for which anticipated amendments to the City’s Land Development Regulations for properties within the Plan area have yet to be developed. Notwithstanding, the design as proposed is directly in-line with the vision for the corridor and the overlay itself. (4) Retail Development is Unique The principals and development team for Delray Place have a collective 100 years of significant retail site planning along with code and design experience. The developer has successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the Applicant is dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, the Applicant believes site planning elements for this particular project SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 13 should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, the Applicant has taken a close look to court the right mix of tenants by beginning to “put the pieces of the puzzle together” in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, the Applicant has worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant the Applicant seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill. Such design requires needed relief from the otherwise rigid Land Development Regulations. The Applicant remains committed to the continued collaboration with the leadership of the Tropic Isle, Tropic Bay, and the other neighborhood associations to develop a project that is financially feasible and economically sustainable for such an important corner of our City. 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 not already granted to similarly situated parcels and projects. Staff Review of Waiver: Staff does not support this waiver. As stated earlier, this site is too small for the amount of commercial spaces proposed. The required open space can be provided by reducing the building area, and balancing the parking. Relief to this section of the code would normally require a variance granted by the Board of Adjustment. Since a variance would be required prior to action on the Site Plan by SPRAB, the applicant is seeking an alternative method of relief whereby the City Commission may grant a waiver to this section of the code. Under LDR Section 2.4.7(B)(1)(b), “Special Power to the City Commission”, the City Commission may grant a waiver to any provision of these regulations where there is no other avenue for relief available in these regulations. Since relief to this section of the code is available through the variance process, the applicant is also seeking a waiver to LDR Section 2.2.4(D)(4)(a), which gives the Board of Adjustment authority to grant variances to the General Development Standards set forth in Section 4.3. This waiver is being sought subject to Code of Ordinances Section 30.15, “Waivers of City Ordinances”, which has specific public notice requirements. With SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 14 approval of this waiver, no avenue of relief would then be available to the applicable LDR Sections, and thus the City Commission could utilize its special powers under 2.4.7(B)(1)(b) to waive the requirements. Although staff does not agree with this round-about procedure being utilized for these waivers, this is a procedural issue that will be argued before the City Commission. At this time, SPRAB should base its recommendation to the City Commission on the merits of the relief as it relates to site plan approval. This procedure to obtain relief is unique. Since relief to this section would ordinarily require a variance, the following Findings required to support a variance should be examined to be certain that utilizing the waiver process in this way is not granting a special privilege to the applicant. (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Since staff does not believe that the variance (nor waiver) could be supported by positive findings in this instance, it is unlikely that this relief by either variance or waiver would be granted under similar circumstances on other property for another applicant or owner. Based on this premise, granting of the waiver would result in the grant of a special privilege. Since this is contrary to one of the findings required for the waiver, positive findings cannot be made in the reduction of open space to 17.5% with respect to LDR Section 2.4.7(B)(5). LDR Article 4.6 – Supplemental District Regulations: Bicycle Parking: LDR Section 4.6.9(C)(1)(c) and Transportation Element Policy D-2.2 of the Comprehensive Plan recommend that a bicycle parking facility be provided. Although two (2) bike racks, each with 4 spaces, are proposed for the project, thereby meeting the minimum number of spaces required, it is noted that this project contains a number of buildings which are separated by expanses of parking lot. With this arrangement, the proposed bike racks are not conveniently located for users of many of the buildings. Since, this project does not meet the City’s standard minimum automotive parking requirements for shopping centers, the use of bikes as an alternative transportation method, especially for employees at the shopping center should be encouraged as much as possible. Therefore, one bike rack should be provided for each building in the project, except for the 600-1100 buildings fronting on Linton Boulevard where 3 racks for the 6 buildings will suffice. This has been added as a condition of approval. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 15 Handicap Accessible Parking: Pursuant to LDR Section 4.6.9(C)(1)(b), special parking spaces designed for use by the handicapped shall be provided pursuant to the provisions of Florida Accessibility Code for Building Construction. Pursuant to the Florida Accessibility Code for Building Construction, the nine (9) of the parking spaces serving the development must be handicap accessible. A total of fifteen (15) handicap accessible parking spaces are proposed.Thus, this LDR requirement has been met. Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(1), provisions must be made for stacking and transitioning of incoming traffic from a public street, such that traffic may not backup into the public street system. The minimum stacking distance between a right-of-way and the first parking space or aisle way in a parking lot that contains 51 or more spaces is fifty feet (50’). This distance has not been provided at the driveway connections to Eve Street and Linton Boulevard. (see waiver discussion below): Waiver to Stacking Distance Requirement: A waiver has been requested to reduce the stacking distance from the fifty feet (50’) for parking lots with fifty-one (51) or more spaces required pursuant to LDR Section 4.6.9(D)(3)(c)(1) to twenty-six (26) feet for the two entrances on Linton Boulevard and to thirty-two (32) feet for the entrance on Eve Street. 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 justification statement regarding the waiver request: A. Approval of the waiver will not adversely affect the neighboring area. The driveways as proposed on Linton Boulevard are existing and are functioning adequately as they exist. The depth of the property would prohibit any meaningful building configuration if strict application of the code section was applied. The current and proposed stacking distance is approximately 26 feet as indicated on the site plan. The Eve Street curb cut effectively affords a real stacking length of approximately 216 feet to the property line on Federal Highway since there is no through traffic on this street. B. Approval of the waiver will not significantly diminish the provision of public facilities. As referenced above, though the request is to reduce the stacking distance measured from the property line, the actual effect of this waiver will cause the stacking distance to only be reduced slightly less along Linton Boulevard (approximately 31’) and greater than required (approximately 56’) along Eve Street when measured respectively from the edge of pavement SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 16 as indicated on the site plan. Therefore, approval of this waiver will not significantly diminish the provision of public facilities. C. Approval of the waiver will not create an unsafe situation. For the same reasons set forth above, approval of this waiver will not create an unsafe condition. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. 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 not already granted to similarly situated parcels and projects.” Staff Review of Waiver: Based upon the provision of four (4) access points to the site, including the primary access on South Federal Highway, which has adequate stacking, the requested waiver is supportable.The stacking provided will not negatively affect the neighboring areas or create an unsafe situation. Granting of the requested waiver will not diminish the provision of public facilities or result in the grant of a special privilege as similar waivers have been granted to other projects on similar basis. Consequently, positive findings can be made for the reduction of the stacking distance requirement at the entrances on Linton Boulevard and Eve Street with respect to LDR Section 2.4.7(B)(5). Bank Drive-thru Stacking Distance: Pursuant to LDR Section 4.6.9(D)(3)(c)(2), provisions must be made to provide for one hundred feet (100') of clear stacking from the first point of transaction for each lane of a drive-thru facility. The development proposal consists of a two (2) lane drive-thru facility in which each lane provides the minimum 100’ of stacking. Thus, this standard has been met. Site Visibility Triangles: Although site visibility triangles have been indicated on the site and landscape plans for the driveway entrances at Linton Boulevard and South Federal Highway, they have not been depicted for the driveway entrance at Eve Street on the site plan; and while they are shown for the entrance at Eve Street on the landscape plan a 25 foot triangle is depicted, where only a 10 foot triangle is required. Additionally, pursuant to Section 4.6.14(B)(5), “Sight visibility measurements at the intersection of a right-of-way, access way, or driveway and a right-of-way under County, State or Federal jurisdiction are subject to sight visibility requirements from those authorities.” The sight visibility triangle for the intersection of South Federal Highway and Linton Boulevard is not shown on any plans. Provide verification that the site visibility triangles shown on the plans for the driveway connections and roadway intersections involving Linton Boulevard and South Federal Highway meet the requirements of Palm Beach County or Florida DOT, as applicable. Add sight visibility triangles where missing and modify the Site, Landscape and Engineering plans as required to depict the correct site visibility triangles. This has been added as a condition of approval. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 17 Refuse Enclosures: Pursuant to LDR Section 4.6.6(C)(1), dumpster, recycling containers and similar service areas must be enclosed on three sides and have vision obscuring gates on the fourth side, unless such areas are not visible from any adjacent public right-of-way. 11 foot high free-standing trash compactor enclosures with roll up doors have been proposed for the 100 to 400 buildings. The enclosures have design elements to match the architectural features and colors of the adjacent buildings. Enclosed trash compactors have been integrated into the 500-504, 506-510, 800 and 900 buildings. Therefore, this LDR requirement has been met. Lighting: A photometric plan and details of the light pole and wall mounted light fixtures have been submitted. Proposed light pole luminaires, wall mounted, under overhangs, and under canopy light fixtures will be LED units (light-emitting-diode fixtures). Site lighting, limited to a maximum height of 25’ must be provided on-site and be consistent with the illumination level requirements included in Section 4.6.8. Based upon the photometric plan included with the submittal, the proposed lighting fixtures in the parking lot will meet the 25’ maximum height. However, the proposed parking lot areas and internal driveways illumination levels include a maximum of 5.1 FC (Foot Candle) and a minimum of 0.0 FC while the LDR requires a maximum of 12.0 FC and a minimum of 1.0 FC. With large areas of paved parking where pedestrians will be leaving their vehicles and walking to the buildings, the parking lot areas could be potential areas for vandalism and/or theft. Pedestrians will also have to walk through these parking areas to get from building to building. A higher level of illumination may be a deterrent to criminal behavior while helping the police department in the surveillance and protection of private property tasks. Thus, a condition of approval is attached that the photometric plan be revised to comply with the LDR requirement of 1.0 FC minimum and increase the maximum illumination level from the proposed maximum of 5.0 FC to at least 10.0 FC. Based on the CPTED review, it is also recommended that the minimum lighting levels in the parking area at the far northeastern corner of the property be increased to 2 FC. This has also been added as a condition of approval. The submitted photometric plan includes a summary table which depicts the illumination levels for the driveway areas, 506-510 building perimeter, and property lines. Data for the parking lot areas is not included in the table and some of the required figures for the drive are listed as N.A. The figures for the property line are not required and can be eliminated. The table must be revised to show all of the required data, and this has been added as a condition of approval. Since minimum lighting standards are also required for building entrances and under overhangs and canopies, the photometric plan must be revised to show lighting levels in these areas and that it complies with City’s illumination standard. This has been included as a condition of approval. Also note that Florida Statutes include certain requirements with regard to the lighting of automated teller machines (ATM). These requirements are as follows: F.S. 655.962(1)(a): There shall be a minimum ten (10) footcandle power where at the face of the automated teller machine and extending in an unobstructed direction outward five feet (5’). F.S. 655.962(1)(b): There shall be a minimum of two (2) footcandle power within 50’ in all unobstructed directions from the face of the ATM. F.S. 655.962(1)(c): There shall be a minimum of two (2) footcandle power in that portion of the defined parking area within 60’ of the ATM. If the bank is to have an exterior ATM, the photometric plan must be consistent with the above Florida Statutes, as well as meet the requirements of LDR Section 4.6.8. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 18 Signs: The signs depicted on the site plan are not included with this site plan approval. OTHER ISSUES Special Landscape Setbacks: Pursuant to LDR Section 4.3.4(H)(6)(b), “Within the following special landscape setbacks, no structures shall be erected, altered, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks leading to structures on the premises. Such driveways and walkways shall be generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways.” Linton Boulevard: Pursuant to LDR Section 4.3.4(H)(6)(b)(4), a special landscape area shall be provided along Linton Boulevard, from A-1-A to the western City limits. This landscape area shall be the smaller distance of either 30' or 10% of the average depth of the property; however, in no case shall the landscape area be less than ten feet (10’). Therefore, a 15.5 foot buffer is required along the narrow portion of the property along Linton Boulevard; and a 30 foot buffer is required along the deeper portion of the property to the west. This requirement has not been met (see waiver discussion below) Waiver to Special Landscape Setback Requirement for Linton Boulevard : A waiver has been requested to reduce the special landscape setback required pursuant to LDR Section 4.3.4(H)(6)(b)(4) from 15.5 feet for the narrow portion of the property and 30 feet for the Note: deeper portion of the property to eight (8) feet. This is shown as 10 feet on the site plan, but is actually only 8 feet since the car overhang cannot be included as part of the requirement. 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 submitted the following justification in support of the waiver: A. Approval of the waiver will not adversely affect the neighboring area. The South Federal Highway Redevelopment Plan provides, in part, that: “Parking areas must be distributed around large buildings and shopping centers in an attempt to balance the parking and shorten the distance to all buildings, public sidewalks, and transit stops. Parking located at unrealistic distances from the buildings that it services should be prohibited.” While not a part of the “urban edge” design of the project for South Federal Highway, the parcels along Linton Boulevard are a natural continuation of the sidewalk and other parking areas within the interior of the site. The uses along Linton are designed to “address” the street as well as be compatible to the neighboring residents. Requiring the special landscape setback SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 19 would be inconsistent with the intent, therefore, of the Plan as articulated above, by off-setting the natural flow of the uses. It is also recognized as a redevelopment site that there are inherit constraints to parcels within the area. The depth of the parcel along Linton is such the case. The extremely narrow and odd- shaped parcel adjacent to Linton Boulevard suggests that such a special landscape setback to be inconsistent with the desire for “a more urban feel at the street front” and to be consistent with “principles of new urbanism.” As such, it will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. While the special landscape setback itself is not an aspect of public facilities such as water, sewer and drainage, granting this waiver will allow existing utilities to be utilized more efficiently and effectively, which is the intent behind urban infill redevelopment. C. Approval of the waiver will not create an unsafe situation. Elimination of the special landscape waiver does not create an unsafe situation. Therefore, this criteria is also inapplicable to the analysis. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. Consistent with the newly adopted South Federal Highway Redevelopment Plan, and the plain language of LDR Section 4.4.25(F), we do not believe this setback requirement is applicable to this project. Notwithstanding, 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 not already granted to similarly situated parcels and projects. Staff Review of Waiver: The majority of the existing parking lot adjacent to Linton Boulevard is located 10 feet from the property line with 2 feet of this area for car overhang. This leaves 8 feet which qualifies for the special landscape setback; and as the site narrows to the east, the parking lot encroaches to within approximately 1 foot of the property line. The applicant’s proposal is to maintain these existing conditions as much as possible; and utilize most of the existing parking lot tier in its existing location with redevelopment of the site. Some modification is proposed, especially adjacent to the 1000 and 1100 buildings where some of the boundary is getting additional landscape area and some is getting less. At one point, the parking lot will touch the property line with the proposed modifications. As depicted in the applicant’s statement, the request for this waiver is not to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways, for which a waiver is permissible under the section’s language. Therefore, under these circumstances, a waiver is not permitted and relief from this section of the code requires a variance by the Board of Adjustment. Since a variance would be required prior to action on the Site Plan by SPRAB, the applicant is seeking an alternative method of relief whereby the City Commission may grant a waiver to this section of the code. Under LDR Section 2.4.7(B)(1)(b), “Special Power to the City Commission”, the City Commission may grant a waiver to any provision of these regulations where there is no other avenue for relief available in these regulations. Since relief to this section of the code is available through the SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 20 variance process, the applicant is also seeking a waiver to LDR Section 2.2.4(D)(4)(a), which gives the Board of Adjustment authority to grant variances to the General Development Standards set forth in Section 4.3. This waiver is being sought subject to Code of Ordinances Section 30.15, “Waivers of City Ordinances”, which has specific public notice requirements. With approval of this waiver, no avenue of relief would then be available to the applicable LDR Sections, and thus the City Commission could utilize its special powers under 2.4.7(B)(1)(b) to waive the requirements. Although staff does not agree with this round-about procedure being utilized for these waivers, this is a procedural issue that will be argued before the City Commission. At this time, SPRAB should base its recommendation to the City Commission on the merits of the relief as it relates to site plan approval. This procedure to obtain relief is unique. Since relief to this section would ordinarily require a variance, the following Findings required to support a variance should be examined to be certain that utilizing the waiver process in this way is not granting a special privilege to the applicant. (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Staff does not support this waiver. Allowing a reduced buffer for Delray Place, especially along the deeper portion of the site might be considered a special privilege due to the fact that the site is being completely redeveloped and the wider landscape strip would allow for increased aesthetic value and consistency with new and existing developments along the Linton Boulevard streetscape.It is noted that the New Century Commons shopping center on the south side of Linton Boulevard recently provided the required thirty foot (30’) strip. Staff suggests that the applicant redesign the parking lot to accommodate the required landscape strip and support the intent of the Code. Since staff does not believe that the variance (nor waiver) could be supported by positive findings in this instance, it is unlikely that this relief by either variance or waiver would be granted under similar circumstances on other property for another applicant or owner and granting of the waiver would result in the grant of a special privilege. Since this is contrary to one of the findings required for the waiver, positive findings cannot be made for reduction of the special landscape setback with respect to LDR Section 2.4.7(B)(5). SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 21 South Federal Highway: Pursuant to LDR Section 4.3.4(H)(6)(b)(1), a 25’ special landscape area must be provided along Federal Highway (U.S. Highway 1), including the one way pairs (5th and 6th Avenues), extending from the south City limits to S.E. 10th Street. This requirement has not been met (see waiver discussion below). Waiver to Special Landscape Setback Requirement for South Federal Highway: A waiver has been requested to reduce the special landscape setback required pursuant to LDR Section 4.3.4(H)(6)(b)(1) from 25 feet to 15 feet. 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 submitted the following justification in support of the waiver: A. Approval of the waiver will not adversely affect the neighboring area. The reduction of the Special Landscape Setback along South Federal Highway is to enhance and reinforce the idea of bringing the urban edge and character of the Project closer to Federal Highway, consistent with the South Federal Highway Redevelopment Plan. This is also consistent with Ordinance 17-99 which eliminated the special setback for the North Federal Highway corridor “to hasten the revitalization of the area.” More specifically, the staff report to Ordinance 17-99 justified the elimination of the special landscape setback as follows: The typical strip center development scenario with parking up front and buildings set towards the back of the lot is designed for the automobile. This arrangement is destination-oriented and does not promote pedestrian movement between businesses along the corridor. Future development of this type is discouraged in the North Federal Highway area. Instead a neo-traditional approach consisting of buildings located closer to the roadway’s edge with wide, shade-covered sidewalks, and pedestrian scaled lighting and other street furniture is recommended. Although on-street parking will be located in the front of business for convenience, the bulk of the required parking will be located in the rear. This arrangement will promote rather than inhibit pedestrian flow between adjacent businesses. The current regulations require that a special landscape setback be provided along the entire Federal Highway frontage. This requirement makes it impossible to move storefronts close to the roadway’s edge. In order to implement the Redevelopment Plan, this setback must be eliminated except where off-street parking directly abuts the roadway. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 22 Therefore, approval of this waiver is actually encouraged for this area so as to “provide a more urban feel at the street front” and to be consistent with “principles of new urbanism.” As such, it will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. While the special landscape setback itself is not an aspect of public facilities such as water, sewer and drainage, granting this waiver will allow existing utilities to be utilized more efficiently and effectively, which is the intent behind urban infill redevelopment. C. Approval of the waiver will not create an unsafe situation. Elimination of the special landscape waiver does not create an unsafe situation. Therefore, this criteria is also inapplicable to the analysis. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. Consistent with the newly adopted South Federal Highway Redevelopment Plan, and the plain language of LDR Section 4.4.25(F), we do not believe this setback requirement is applicable to this project. Notwithstanding, 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 not already granted to similarly situated parcels and projects. (1) Waiver Procedure The City’s Planning Staff has recently questioned whether the City’s waiver process is available to the special landscape setback requirement if not intended to “accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways.” More specifically, LDR Section 4.3.4(H)(6)(b) provides: Special Landscape Setbacks: Within the following special landscape setbacks, no structures shall be altered, erected, or reconstructed; nor shall any paving be allowed except for driveways and sidewalks which lead to structures on, or provide access to, the site and then only when generally perpendicular to the frontage. However, waivers may be granted to these restrictions at the time of site plan review in order to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways. However, LDR Section 2.4.7(B)(1)(a) provides: A waiver may be granted to the procedural and substantive provisions of these regulations. A waiver may be granted only for those substantive items within these regulations for which such provision is made. A waiver to substantive provisions may be granted only by the Board or body which has the authority to approve or deny the related development SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 23 LDR Section 2.4.7(B)(1) continues: (b)Special Power to the City Commission: Notwithstanding, the City Commission may grant a waiver to any provision of these regulations when there is no other avenue for relief available in these regulations. However, waivers shall not be considered with respect to: (i) Matters which pertain to the use of land or structures; (ii) A requirement for a public hearing or providing notice that an item will be considered by a development board; (iii) A regulation for which it is stated that there shall be no waiver and/or variance provided. As such, both LDR 2.4.7(B)(1)(a) and (b) authorize the City Commission to waive a substantive provision of the Land Development Regulations. The City Commission is authorized (and there is existing prior precedent) to grant relief from such substantive provisions. The history and intent of the SAD zoning regulations, when read in conjunction with the expressed intention of the South Federal Highway Redevelopment Plan overwhelmingly support this interpretation. (2) Legislative Intent of SAD Zoning LDR Section 4.4.25, governing SAD-zoned properties, and by its own language, provides that the zoning is meant for “large scale and mixed projects for which conventional zoning is not applicable.” The uses and design of each SAD project are established by ordinance, adopted by the City Commission, as a rezoning and as set forth on the site-specific development plan, per LDR 4.4.25(C). LDR 4.4.25(D) sets forth the development standards for SAD projects and provides that the standards “as set forth in Section 4.3.4 shall apply” except as stated above. This circular regulatory framework, though confusing, can lead to only one conclusion – the City Commission, through the site planning process, is to have “final say” over the use and design of SAD projects. Therefore, notwithstanding the wording used, the “final say” as to the setback along South Federal Highway in the Delray Place SAD project is within the exclusive province of the City Commission. LDR Section 2.4.7(B) affords the City Commission the right and authority to waive any conflicting substantive or procedural provisions to the contrary. (3) Consistency with South Federal Highway Redevelopment Plan The assertions reached in this waiver request are further supported by the recently adopted “South Federal Highway Redevelopment Plan” which recognized this corner as being “a catalyst for economic development in the City.” Likewise, the City readily acknowledged the reality that “[t]he private sector will be the driving force behind the revitalization of the Redevelopment Area.” More specifically, the Plan itself states: It is the intent of this [P]lan to make South Federal Highway a unique place that will encourage the development of commercial, office and residential uses in an urban setting. It is our hope that it will also serve as a catalyst to increase property values and increase the City’s employment. The private sector will be the driving force behind the revitalization of the Redevelopment Area. This Plan will give property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by the Plan. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 24 The Plan continues: This section of the Plan provides all the recommendations for the redevelopment area, including Future Land Use Map amendments, rezoning and amendments to the Land Development Regulations. The Applicant is seeking to implement proven designs for retail centers for which anticipated amendments to the City’s Land Development Regulations for properties within the Plan area have yet to be developed. Notwithstanding, the design as proposed is directly in-line with the vision for the corridor and the overlay itself. (4) Retail Development is Unique The principals and development team for Delray Place have a collective 100 years of significant retail site planning experience and have successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the Applicant is dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, the Applicant believes site planning elements for this particular project should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, the Applicant has taken a close look to court the right mix of tenants by beginning to “put the pieces of the puzzle together” in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, the Applicant has worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant the Applicant seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill. Such design requires needed relief from the otherwise rigid Land Development Regulations. The Applicant remains committed to the continued collaboration with the leadership of the Tropic Isle, Tropic Bay, and the other neighborhood associations to develop a project that is financially feasible and economically sustainable for such an important corner of our City. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 25 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 not already granted to similarly situated parcels and projects. Staff Review of Waiver: As described in the applicant’s justification statement, the reduced landscape setback is to allow four outbuildings to be located closer to South Federal Highway. The parking areas between these buildings will maintain the required 25’ deep special landscape setback. As with the reduction requested for Linton Boulevard, this waiver is not to accommodate landscape features, decorative walls, meandering sidewalks, and other decorative pedestrian ways, for which a waiver is permissible under the section’s language. Therefore, under these circumstances, a waiver is not permitted and relief from this section of the code requires a variance by the Board of Adjustment. Since a variance would be required prior to action on the Site Plan by SPRAB, the applicant is seeking an alternative method of relief whereby the City Commission may grant a waiver to this section of the code. This type of reduction of the special landscape setback was specifically recommended in the recently adopted South Federal Highway Redevelopment Plan. Although the provisions of the Plan have not yet been coded into the Land Development Regulations, processing of the text amendment is scheduled for early next year. Although relief to this section of the code is required at this time, it is only required due to a matter of timing. Since the City Commission fully adopted the Plan, no issues with the text amendment are expected. Although staff does not agree that relief can be granted to this section of the code by waiver, staff does supports the relief with one condition. Since the landscape area will be reduced, the trees will be pushed closer toward the roadway, where overhead power lines supply power for street lights along the roadway. To accommodate the closer tree canopies, these power lines should be placed underground. This has been added as a condition of approval of the waiver. As discussed with the previous waiver for relief to the special landscape setback for Linton Boulevard, this procedure to obtain relief is unique. Since relief to this section would ordinarily require a variance, the following Findings required to support a variance should be examined to be certain that utilizing the waiver process in this way is not granting a special privilege to the applicant. (a) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or buildings subject to the same zoning (The matter of economic hardship shall not constitute a basis for the granting of a variance); (b) That literal interpretation of the regulations would deprive the applicant of rights commonly enjoyed by other properties subject to the same zoning; (c) That the special conditions and circumstances have not resulted from actions of the applicant; (d) That granting the variance will not confer onto the applicant any special privilege that is denied to other lands, structures, and buildings under the same zoning. Neither the permitted, nor nonconforming use, of neighborhood lands, structures, or buildings under the same zoning shall be considered grounds for the issuance of a variance; (e) That the reasons set forth in the variance petition justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure; and SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 26 (f) That the granting of the variance will be in harmony with the general purpose and intent of existing regulations, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Under the circumstances described above, staff believes that a variance for the requested landscape setback reduction could be supported. It is likely that the same relief would be granted under similar circumstances on other property for another applicant or owner and granting of the relief would not result in the grant of a special privilege. Therefore, if the City Commission agrees to this procedure to grant relief and waives the section that requires a variance, it is noted that positive findings can be made for reduction of the special landscape setback with respect to LDR Section 2.4.7(B)(5). Undergrounding of Utilities: Pursuant to LDR Section 6.1.8, utility facilities serving the development shall be located underground throughout the development. Therefore, it is attached as a condition of approval that all existing and proposed utilities associated with the development must be located underground and that a note be provided on the site plan to this effect. Right-of-way Dedication: Pursuant to Table T-1 of the Transportation Element of the Comprehensive Plan, the required right-of-way for Linton Boulevard is 120 feet where only 106 feet exists on the north side of the subject property. Pursuant to LDR Section 5.3.1(D)(5), a reduction in the required right-of-way width of existing streets may be granted by the City Engineer upon favorable recommendation from the Development Services Management Group (DSMG). On October 4, 2012, the City Engineer and DSMG considered and approved the reduction of right-of-way for Linton Boulevard to the existing width. No additional dedications are required. Bus Shelters: As noted in the Findings section of this report, pursuant to Transportation Element A-1.5 of the Comprehensive Plan, a City approved bus shelter and Mass Transit easement may be required. Work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop a contribution of approximately one-half the cost of a bus shelter must be paid in-lieu of providing the bus shelter on site. This has been added as a condition of approval and must be addressed prior to site plan certification. Plat: As the development proposal necessitates the dedication of utility easements, the property must be replatted. The recordation of a plat prior to the issuance of a building permit is attached as a condition of approval. Sidewalk Cafés: Many paved outdoor areas surrounding the various buildings in the project have been designated as sidewalk cafes on the plans. Pursuant to LDR Section 6.3.3, Sidewalk Café, “A sidewalk cafe is a group of tables with chairs and associated articles approved by the City situated and maintained outside whether on public or private property (excluding interior courtyard seating which is subject to parking requirements) and used for the consumption of food and beverages sold to the public from an adjoining business. All tables and chairs and associated articles must be located within the sidewalk café permit area. Sidewalk cafes allowed only when in compliance with this Section.” While additional parking is not required for SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 27 areas designated as sidewalk cafés, an annual permit fee is required. The permit fee is currently $4.75 per square foot of approved sidewalk café space. Preliminary Engineering Technical Items: While revised plans have accommodated most of staff’s concerns, the items attached in Appendix “C” remain outstanding and will need to be addressed prior to site plan certification. CPTED REVIEW The following review was provided by Officer G. Wesner of the Delray Beach Police department: Overview: The site is situated at the busy S. Federal Hwy and E. Linton Blvd intersection, and extends all the way to the Intracoastal Waterway [ICW]. On the adjacent North side of E. Linton is a successful strip mall containing a popular Carrabas Restaurant, and several retail businesses. Diagonally across S. Federal Hwy the “Plaza at Delray” contains several restaurants and retail businesses including an (18) screen Regal theatre. Upscale homes along McCleary and Eve Streets in the “Tropic Isles” neighborhood will sit less than 100 feet from the rear of the “500 and “506 buildings once completed. Currently, the site contains two four story office buildings facing S. Federal Hwy with a third building to the East along E. Linton Blvd. Most recently, one of the four story buildings had been home to a regional banking center; both four story buildings have been largely empty for several years. Delray Place will be completed in several phases; eventually with existing buildings being demolished to make room for new construction. The project will also get a reconfigured parking lot. It will accumulatively encompass (12) separate one-story buildings; over 106,000 square feet of restaurant and retail space. For the most part, the site will be a “medium high risk location for patrons and employees because (11) of the buildings will be suited for a restaurant; they will likely serve alcohol. The 100 building will be high risk location once it is occupied as a bank. This CPTED review was provided using following resources: Several visits to the location during daytime lighting conditions; Delray Beach Police Department Records (available upon request); site plans containing a comprehensive Photometric Study [PS] and certified by Mark Saltz on 11/19/12; and accepted Crime Prevention Thru Environmental Design [CPTED] standards. Natural Surveillance: Natural Surveillance [NS] for each building will be greatly enhanced by the large floor to ceiling windows for each building. overall NS will also be enhanced by the broad stroke of sidewalk cafes areas, and trellis covered benches located throughout the project. Security and CCTV: Historically, crime trends for the site have been at acceptable levels. However, a project such as this will see patronage at levels far higher than those previously seen at the site. Additionally, restaurants will bring higher numbers in the evening hours than those seen during the sites previous uses. Therefore, there should be management onsite during normal business hours. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 28 Each vender should make use of the latest digital CCTV technology. Building entrances and all “points of purchase” should have facial recognition cameras as well as “anti-shoplifting” alarm devices. Retail users should make use of a cash-control system; have signs indicating that cashiers have limited cash on hand. Additional CCTV systems at the management office(s) will provide coverage at parking lot entrances, as well as store front areas. These should be able to record images of approaching vehicles and their license plates. Lighting and Landscaping: The PS indicates that most of the outdoor spaces will receive between 1 and 8 Foot candles [Fc]. Overall Fc levels are acceptable; however, Fc levels should be increased to a minimum of 2 Fc along the East end of the property. This secluded area of the parking lot sits next to the ICW; has an ongoing history for homeless activity. “Shoe-box type fixtures mounted on 15 and 25 foot poles will have L.E.D. fixtures. These L.E.D. fixtures will deter glare, and provide the best visual quality of color available. Furthermore, their high initial cost will be offset in a matter of months by the formidable energy savings that are common with their use. Much of the existing landscaping will be relocated or completely replaced; an important point made readily obvious by the poor condition of the current landscaping. The landscape plan indicates that appropriate trees, shrubs, and ground cover will be used. Proper maintenance will ensure that new landscaping will not inhibit natural surveillance; create ambush points in the parking lot. Natural Access Control [NAC]: Egress from the parking lot has always been a concern at this site. The main entrance-exit will continue to be at S. Federal Hwy; it only provides right turn egress from the lot. Furthermore, the entrance along E. Linton Blvd has always been a difficult place to turn left for those wishing to exit West bound; towards I-95. Those who chose to exit on Eve St. will only be able to turn right once they are at S. Federal Hwy. Once inside the parking lot, renovations will enhance NAC for all users, and improve safety for pedestrians moving to and from parking areas. Fencing and walls along the southern perimeters will make quick access on foot difficult for abnormal users. The “enclosed truck wells” to the rear of the 500 and 506 buildings will be accessed from the main entrance. Once delivery trucks negotiate customer vehicles, they will be able to easily access loading areas. However, they will also be less than 100 feet from the exclusive “Tropic Isles”. Therefore, truck engine noise will be a chronic issue for nearby residents if large trucks are left running in the truck wells. Even covered truck wells project noise several blocks away. CPTED Technical Items: Based on the above CPTED review, the following items need to be addressed prior to site plan certification. 1. CCTV technology should be incorporated into the project. The applicant shall work with the police department to ensure compliance. 2. Lighting levels should be increased to a minimum of 2 Fc along the northeast corner of the property. This secluded area of the parking lot sits next to the ICW and has an ongoing history for homeless activity. 3. The overhead doors for all enclosed truck well and loading areas to remain closed at all times that delivery vehicles occupy these spaces. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 29 LANDSCAPE PLAN ANALYSIS Pursuant to LDR section 4.6.16(C)(1)(a), prior to the issuance of a building permit for a structure or a paving permit, compliance with the requirements of Section 4.6.16 shall be assured through the review and approval of a landscape plan submitted pursuant to Section 2.4.3(C). A landscape plan has been submitted and evaluated by the City’s Senior Landscape Planner. The plan provides for building foundation, site perimeter, and parking area landscaping to address the landscaping needs for the proposed commercial development. The total landscape area required for the proposed project is 19,304 sq. ft. and 20,441 sq. ft. are being provided. The proposed development requires a total of 154 interior shade trees and 155 interior shade trees are being provided. The total number of perimeter trees required for the project is 160 trees and the applicant is providing 251 perimeter trees. It is noted that the project will provide a total of 406 trees. All proposed trees along the r-o-w meet “The Right Tree – Right Place as defined by the Florida Power Light company. It is important to mention that the applicant has made an effort to save a total of 20 existing Southern Live Oak trees that will be relocated on site. The landscape material proposed for the project appears to be abundant and diverse. It is noted that a total of 332 trees which include 22 Gumbo Limbo trees, 52 Pitch Apple, 32 Japanese Fern Trees, 10 Jatropha trees, 55 Japanese Privet, 61 High-rise Live Oak, 19 Southern Live Oak, 42 Golden Cassia, and 35 Pink Tabebuia will be planted. Regarding Palm trees the landscape material for the project includes 19 Wild Date Palm, 36 Christmas Palm trees, and 19 Montgomery Palm trees. A variety of large accents, shrubs, and groundcover materials are employed to enhance the proposed development. They include Red Ti Plant. Mammey, Croton, Bird of Paradise, Confederate Jasmin, Bleeding Heart Vine, Red Tip Cocoplum, Muhly Grass, Podocarpus, Wild Coffe and Viburnum. The proposed under plantings include Foxtail Fern, Bromeliads, Jamaican Caper, Dwarf Fire Bush, and Wart Fern. The City’s Senior Landscape Planner has evaluated the landscape plan and found that the plan partially complies with the LDR Section 4.6.16. There are still a number of landscape technical items that the applicant needs to address. These items have been listed below and will be attached as conditions of approval. Thus, once these technical items are addressed, the Landscape Plan will be in compliance with LDR Section 4.6.16. Landscape Technical Items: The following Landscape Plan item remains outstanding, and will need to be addressed prior to certification of the site plan. 1.A Special Landscape Setback is established for this property along Federal Highway and Linton Boulevard. The Special Landscape Setback along Federal Highway is twenty-five (25’) feet. The Special Landscape Setback along Linton Boulevard is fifteen and four/tenths (15.4’) feet for the narrow portion (eastern-half) of the site and thirty (30’) feet for the wider portion (western-half). The City would support building frontage along Federal Highway, however, the Overhead Lines that power the street lights along Federal Highway and Linton Boulevard would have to be buried underground. This will allow for more growing space to plant larger canopy trees within the landscape buffer. The required landscape setbacks have not been met. I will not support a waiver so long as the applicant is not willing to bury the overhead lines. The long-term benefits far outweigh the initial cost of this improvement. Note: Waivers to the special Landscape Setback requirements for Linton Boulevard and South Federal Highway are discussed on the “Site Plan Analysis” section of this report. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 30 2. An Existing Tree Survey was submitted. However, the landscape plans fail to show how the mitigation of the existing trees have been met. The Existing Tree Survey shows a total mitigation of 1,484 caliper inches. Document how these have been provided for on-site. If the site cannot accommodate the mitigation trees, the developer may opt to donate trees to the City or pay a fee into the Tree Trust Fund equal to $100 per caliper inch for each inch that is not met. 3. Document on plans where the temporary holding area for all relocated trees will be. Show temporary watering source. Provide a note detailing proper root pruning procedures. This comment has not been met. Show on a separate sheet the location of the holding area and a layout for the temporary irrigation, including tie-in point. 4. There are a few instances where the Engineer has placed fire hydrants in landscape islands. Coordinate with Engineer on alternate locations that will not pose a conflict for required canopy trees. All islands are required to contain one (1) canopy tree with specifications of sixteen (16') feet in height with a seven (7') foot spread. This comment has not been addressed. There are still a few landscape islands that do not contain a tree due to the proposed placement of the fire hydrant. These hydrants can easily be moved into the adjacent landscape strip so that the required trees, shrubs and groundcovers can be placed in the islands. 5. All landscape islands are required to contain a canopy tree with the above specifications. Canopy trees are defined as a tree that will attain a minimum spread of twenty (20') feet. Green Buttonwoods, East Palatka Hollies and Sabal Palms are NOT considered canopy trees. Switch to larger growing trees such as Live Oak (many varieties are available), Gumbo Limbo, etc. 'Highrise' and 'Cathedral' Oaks are popular choices because they grow more vertically before branching out allowing better storefront visibility. This comment has not been addressed. See comment #4. 6. Several required landscape islands are missing. Pay particular attention to the parking rows in front of Buildings 600 thru 1000, between Buildings 100 and 200 and along the north side of Eve Street. Parking rows are allowed thirteen (13) standard parking spaces between islands. Parking rows are also required to begin and terminate with a landscape island. All islands are to be curbed and have minimum dimensions of nine (9') in width, exclusive of curbing. Each island shall have a minimum planting area of one hundred and thirty-five square feet (135 SF) and contain seventy-five square feet (75 SF) of shrubs and groundcovers and one (1) canopy tree that is sixteen (16') feet in height with a seven (7') foot spread. Make sure all islands are of proper dimensions and contain the required plant material. This comment has not been addressed. The proposed parking will have a detrimental effect in creating the required shade in the parking lots. The applicant's proposed alternative is not suitable for this application and therefore will be required to adhere to our code. Note: A waiver to this requirement has been submitted. 7. Several of the required landscape islands do not meet the required minimum width of nine feet (9’), exclusive of curbing. Thus, they do not meet the minimum planting area of one hundred and thirty-five square feet (135 SF). Revise all plans and adjust planting plan as needed. This comment has not been addressed. Again, there are numerous islands that do not meet the required minimum width of nine feet (9’) for islands that have thirteen (13) standard parking spaces between them or eleven feet (11’) for islands that have fifteen (15) parking spaces between them. 8. All landscape islands are required to contain a minimum of seventy-five (75 SF) square feet of shrubs and groundcovers. Shrubs shall be placed at the back of the island with low groundcovers in the nose to eliminate sight visibility issues. This comment has not been SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 31 addressed. See comment #4. Fire hydrants must be moved out of islands to accommodate this requirement. 9. All landscape areas adjacent to vehicular use areas are required to be curbed with Type ‘D’ curb or better. Show on all plans. This comment has not been addressed. Curbing is still not shown anywhere in the plans. It must be properly shown and noted on the Site Plans, Landscaping, Engineering and Paving plans. 10. Per LDR 4.6.16(H)(4), all buildings shall have foundation trees spaced so that their canopies will be touching at maturity. Size specifications are to adhere to the chart listed within this regulation. This requirement has not been met for Buildings 600, 700, 800, 900, 1000, 500-504 and 506-510. No Foundation trees have been proposed. Revise planting plans and chart tabulations. This comment has not been addressed. Foundation trees have been added, but it is still not sufficient to address this requirement. The size and quantity of the trees have to be dramatically increased in order to satisfy this requirement. 11. All existing soil within landscape areas adjacent to vehicular use areas is required to be removed (to 30” below grade), inspected and then replaced with a sixty to forty (60/40) mix of sand to topsoil, native soil that has been screened of rock or another mixture suggested by the Landscape Architect. Provide note on plans. Include in plans the illustration found in LDR 4.6.16(H)(3)(n). This comment has not been addressed. Show note (as a typical) on planting plans. The following comments have been generated during this last review and shall be addressed: 12. There are numerous symbol/labeling errors on the planting plans. For example, the label “VE-2/1” points to three symbols but only accounts for one tree. There are duplicate labels for shrub beds. Perform better quality control. These plans must be looked through from top to bottom and resolve any issues. Update the plant legend with any changes to quantities. 13. Due to site constraints, the only oak that will be allowed in the southern and eastern landscape buffers adjacent to Tropic Isles will be the ‘Highrise’ Oak. This oak will grow more vertically and have less canopy overhang than the traditional Southern Oak. Change plans. 14. Two required landscape strips between parking tiers are missing. The applicant has chosen to install a sidewalk and trellises. While this can be a nice decorative feature, our code requires this landscape strip along with interior shade trees and hedges. The proposed feature will not offer any shade benefits to the customers or the surrounding parking lot. Therefore, the plans must be changed to address this code requirement. Note: A waiver to this requirement has been submitted. Based upon the aforementioned landscaping comments, a positive finding of compliance with the requirements of LDR section 4.6.16 can be made when all outstanding Landscape Technical items are addressed. Landscape Waivers: Waivers have been requested by the applicant to address two of the above Landscape Technical items. Both of these involve requirements for parking lots. The first is for landscape islands and the second is for the required landscape strip between adjacent parking tiers. The following analysis addresses these waivers: SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 32 Parking Lot Islands: Pursuant to LDR Section 4.6.16(H)(3)(i), “Landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, shall be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces. One shade tree shall be planted in every island with a minimum of seventy-five (75) square feet of shrubs and groundcovers. Tree specifications shall adhere to those listed in Section 4.6.16(E)(5) and 4.6.16(E)(6). Where approval for the use of compact parking has been approved, islands may be placed at intervals of no less than one (1) island for every fifteen (15) compact parking spaces.” (see waiver discussion below): Waiver to Parking Lot Island Requirement: A waiver has been requested to eliminate the requirement that many of the internal parking lot islands be provided as depicted on the site plan. 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 justification statement regarding the waiver request: A. Approval of the waiver will not adversely affect the neighboring area. The current design while it eliminates, in part, various parking islands it also provides for multiple, consistent, tree-shaded parking areas and interconnected pedestrian walkways for all patrons. This site design emphasizes not just standard landscape requirements but works to create a more pedestrian friendly open space experience. Trellises, benches, wall planters for seating, landscape cut out plazas and open plaza for added gathering create a more inviting, thus active experience for the community. Landscape islands in themselves do not provide for a people friendly experience. Having a more secure pedestrian walk with added interest provides a much preferred design element over a standard landscape island design. Therefore, the current design is not only preferred but strongly suggested by other design professionals as a more optimal parking lot design. This request is also consistent with the stated intent of the South Federal Highway Redevelopment Plan which provides, in part, that: “Parking areas must be distributed around large buildings and shopping centers in an attempt to balance the parking and shorten the distance to all buildings, public sidewalks, and transit stops. Parking located at unrealistic distances from the buildings that it services should be prohibited.” Therefore, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 33 The alternative landscape design including spacing of parking islands is not an aspect of public facilities such as water, sewer and drainage and therefore is inapplicable to the analysis. Though it should be recognized that that providing improved pedestrian circulation should be considered an important public facility to expand and maintain in a city. C. Approval of the waiver will not create an unsafe situation. As stated above, the proposed alternative design to standard code provisions actual improves the safety of pedestrians by creating consideration for how people not just vehicles circulate through the site and what type of experience people have while on the property. Rather than creating a more inviting environment, standards requirements like landscape islands often break up the parking field requiring patrons to walk longer distances or behind and among the cars. Therefore, the current design actually makes for a safer situation than that which is otherwise required by code. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. (1) Legislative Intent of SAD Zoning LDR Section 4.4.25, governing SAD-zoned properties, and by its own language, provides that the zoning is meant for “large scale and mixed projects for which conventional zoning is not applicable.” The uses and design of each SAD project are established by ordinance, adopted by the City Commission, as a rezoning and as set forth on the site-specific development plan, per LDR 4.4.25(C). LDR 4.4.25(D) sets forth the development standards for SAD projects and provides that the standards “as set forth in Section 4.3.4 shall apply” except as stated above. This circular regulatory framework, though confusing, can lead to only one conclusion – the City Commission, through the site planning process, is to have “final say” over the use and design of SAD projects. Therefore, notwithstanding the wording used, the “final say” as to the landscape design of the Delray Place SAD project is within the exclusive province of the City Commission. LDR Section 2.4.7(B) affords the City Commission the right and authority to waive any conflicting substantive or procedural provisions to the contrary. (2) Consistency with South Federal Highway Redevelopment Plan The assertions reached in this waiver request are further supported by the recently adopted “South Federal Highway Redevelopment Plan” which recognized this corner as being “a catalyst for economic development in the City.” Likewise, the City readily acknowledged the reality that “[t]he private sector will be the driving force behind the revitalization of the Redevelopment Area.” More specifically, the Plan itself states: It is the intent of this [P]lan to make South Federal Highway a unique place that will encourage the development of commercial, office and residential uses in an urban setting. It is our hope that it will also serve as a catalyst to increase property values and increase the City’s employment. The private sector will be the driving force behind the revitalization of the Redevelopment Area. This Plan will give property owners and developers a clear understanding of what the future could hold if they develop in the prescribed manner as suggested by the Plan. The Plan continues: SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 34 This section of the Plan provides all the recommendations for the redevelopment area, including Future Land Use Map amendments, rezoning and amendments to the Land Development Regulations. The Applicant is seeking to implement proven designs for retail centers for which anticipated amendments to the City’s Land Development Regulations for properties within the Plan area have yet to be developed. Notwithstanding, the design as proposed is directly in-line with the vision for the corridor and the overlay itself. (3) Retail Development is Unique The principals and development team for Delray Place have a collective 100 years of significant retail site planning experience and have successfully built, own, and continue to manage and operate a portfolio of seven Florida significant retail properties totaling approximately 1.25 million square feet of retail space. Using this successful business experience, coupled with being local residents themselves, the Applicant is dedicated to bringing this prominent gateway of the City of Delay Beach back to prominence with a project of quality in every aspect, from exceptional architecture to an exceptional tenant mix. In such regard, and utilizing the intent of the Special Activities District zoning paradigm as suggested by the City Commission, the Applicant believes site planning elements for this particular project should be judged based upon form and the utilitarian aspect, rather than a zoning paradigm which the SAD construct seeks to avoid. All modern economic development surveys point to the rather long and uncertain land development process as the primary inhibitor to sustainable economic development, particularly in the retail sector. In shopping and dining projects, this long approval process often causes quality tenants to hesitate about coming into new markets when adjacent municipalities may be more inviting or when the immediate surrounding business environment (i.e., South Federal Highway) does not have a proven track record of success. However, working directly in concert with the greater Tropic Isle neighborhood to create a consensus site plan, quality tenants are beginning to feel more confident that they can commit to the South Federal Highway corridor and the Delray Place project. For the residents of the Tropic Isle Civic Association, the Applicant has taken a close look to court the right mix of tenants by beginning to “put the pieces of the puzzle together” in identifying quality retailers, quality dining options, and neighborhood services and amenities that best meet the present and future needs of the greater South Federal Highway community. This framework was then utilized to design a neighborhood retail center that could accommodate all of these needs and remain economically feasible for years to come. As a result of these discussions, the Applicant has worked very hard to design an optimized site plan that intended to meet both the needs and desires of the City, the adjacent community, as well as the reasonable requirements of the types of quality retail and dining tenant the Applicant seeks to place, who themselves seek to protect and promote their own business models, trade dress, and goodwill. Such design requires needed relief from the otherwise rigid Land Development Regulations. The Applicant remains committed to the continued collaboration with the leadership of the Tropic Isle, Tropic Bay, and the other neighborhood associations to develop a project that is financially feasible and economically sustainable for such an important corner of our City. 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 SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 35 this specific waiver request will not grant the developer or the Project a special privilege not already granted to similarly situated parcels and projects. Staff Review of Waiver: Staff does not support this waiver. Shade trees are an important component to make parking areas more comfortable. This is South Florida -- we should be trying to put in more trees, not less. Shaded parking spaces are premium spaces, which becomes quite evident upon entering almost any parking lot. The applicant continues to describe this development as a high-end center. The site design needs to reflect that high-end status. As stated throughout this report, the site is being overdeveloped. All of the site plan deficiencies in this project come back to that one conclusion. The excessive building area has reduced the area available for open space and parking and then due to the parking deficiency, the applicant is resistant to eliminate any spaces I to provide the required islands. This domino effect needs to be stopped at the source.t is unlikely that this waiver would be granted under similar circumstances on other property for another applicant or owner. Therefore, granting of the waiver would result in the grant of a special privilege and positive findings cannot be made with respect to LDR Section 2.4.7(B)(5). Landscape Strips Between Parking Tiers: Pursuant to LDR Section 4.6.16(H)(3)(k), “Whenever parking tiers abut, they shall be separated by a minimum five (5) foot wide landscape strip. This strip shall be in addition to the parking stall and be free of any vehicular encroachment, including car overhang. In addition, a two foot (2’) hedge shall be installed within this landscape strip and run the entire length of the strip. Pedestrian walkways are permitted to allow passage through the hedge. Nonmountable curbs are not required for these landscaping strips, providing carstops are provided.” (see waiver discussion below): Waiver to Landscape Strip Requirement: A waiver has been requested to eliminate the requirement that landscape strips be provided in two areas where they are required between abutting parking tiers. 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 justification statement regarding the waiver request: A. Approval of the waiver will not adversely affect the neighboring area. The proposed site design provides interconnected pedestrian walkways for all patrons at the location where the otherwise required landscaping strip and hedges would be placed. However, this does not mean the site will be barren at these locations; trellises, benches, wall planters for seating, landscape cut-out plazas and open plazas for added gathering spaces are included to create a more inviting and active experience for the community. The required landscaping came SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 36 at the expense of proving a safer experience for the patrons throughout the entire site. In fact, the proposed site design is nothing new; it is consistent with national trends as the new optimal design for parking lots. This request is also consistent with the stated intent of the South Federal Highway Redevelopment Plan which provides, in part, that: “Parking areas must be distributed around large buildings and shopping centers in an attempt to balance the parking and shorten the distance to all buildings, public sidewalks, and transit stops. Parking located at unrealistic distances from the buildings that it services should be prohibited.” Therefore, approval of this waiver will not adversely affect the neighboring area. B. Approval of the waiver will not significantly diminish the provision of public facilities. The landscaping in question is not a public facility however, to the extent parking lots are intended for the public, this optimized and safer pedestrian experience should be considered an important public facility which is not significantly diminished but rather substantially expanded where otherwise not required. C. Approval of the waiver will not create an unsafe situation. As stated above, the proposed alternative design to standard code provisions actual improves the safety of pedestrians by creating consideration for how people not just vehicles circulate through the site and what type of experience people have while on the property. Rather than creating a more inviting environment, standards requirements like landscape islands often break up the parking field requiring patrons to walk longer distances or behind and among the cars. Therefore, the current design actually makes for a safer situation than that which is otherwise required by code. D. Approval of the waiver will not result in the grant of a special privilege in that the same waiver has been granted under similar circumstances on other property for other applicants or owners. The project endeavors to reach beyond quantities of landscaping to instead provide the preferred aesthetically inviting and safer pedestrian experience for customers at the shopping center. As stated above, additional hardscape and amenities have been added to provide thoughtful pedestrian circulation and added aesthetic to the center. Unlike a standard strip center, the design provides a destination for people and the creation of an improved sense of place. The Land Development Regulations acknowledge the ability to provide for simple pedestrian crossing but not for the level of interconnected pedestrian circulation that is provided by this design. Moreover, the SAD zoning code contemplates unique, site-specific site design to meet such contemporary and progressive developments. By its own creation, the SAD zoning process allows for waivers which are unique to a specific project based upon an overall policy decision that a certain project, as designed, merits such attention. 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 not already granted to similarly situated parcels and projects. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 37 Staff Review of Waiver: As stated in the previous landscape waiver, shade trees are an important component to make parking areas more comfortable. Staff agrees that the two pedestrian connections provided between parking tiers are important. A strong pedestrian connection is needed to connect the major anchors in the rear of the site to the outbuildings in the front. This connection is so important that staff agrees that if space only permits one or the other to be provided, the pedestrian connection should trump the landscape strips. However, this does not mean that shade should be sacrificed. Shade can be provided by the inclusion of additional islands on either side of the walkways. Again, this is South Florida -- we should be trying to put in more trees, not less. Staff recommends approval of the landscape waiver with the condition that two landscape islands be located on either side of the northern sidewalk connection and three landscape islands be placed on either side of the southern walkway connection. This would result in a loss of 7 parking spaces. Positive findings with respect LDR Section 2.4.7(B)(5) can be made. ARCHITECTURAL ELEVATIONS ANALYSIS LDR Section 4.6.18(E) – Criteria for Board Action: The following criteria shall be considered, by the Site Plan Review and Appearance Board (SPRAB), in the review of plans for building permits. If the following criteria are not met, the application shall be disapproved: 1. The plan or the proposed structure is in conformity with good taste, good design, and in general contributes to the image of the City as a place of beauty, spaciousness, harmony, taste, fitness, broad vistas, and high quality. 2. The proposed structure, or project, is in its exterior design and appearance of quality such as not to cause the nature of the local environment or evolving environment to materially depreciate in appearance and value. 3. The proposed structure, or project, is in harmony with the proposed developments in the general area, with the Comprehensive Plan, and with the supplemental criteria which may be set forth for the Board from time to time. The architectural design style utilized in the design of the proposed commercial development is an eclectic representation of a modern contemporary style with architectural design elements typically featured in the southeast Florida area. Four outbuildings have been located close to the South Federal Highway frontage with parking areas shielded behind the buildings. Two major anchor tenants for the development are located to the rear, opposite the main parking area. Six buildings are located towards the rear property line with the parking lot area facing Linton Boulevard. The concept of an eclectic style of architecture can be defined as the borrowing of various architectural styles to create a functional and cohesive look through color, texture, physical volumes and shapes. The style of Architecture of the proposed commercial development building is an eclectic cotemporary combination of the Caribbean style and colors with a renovated Old Florida Vernacular style of architecture. The architectural elevations include many features and design elements, such as: white translucent laminated glass with aluminum finish mullions, standing seam metal roof, manufactured stone, stucco texture, cantilever wire suspended overhangs, decorative medallions, arched wire suspended awnings, metal roofs, decorative wall mounted light fixtures, SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 38 score lines, stucco texture finishes, smooth stucco banding around the windows, cornice finished flat roofs, various shapes of roofs including flat, arched, and asymmetric roof shapes, decorative brackets to support the roof of some portions of the buildings. Eight different colors are incorporated into the buildings of the commercial development including white, light yellow moonraker, light green, artichoke green, threshold taupe, light brown, robust orange, light blue scandal and van dyke dark brown. The proposed colors will help distinguish among different retail bays and portions of the proposed buildings. The proposed colors combined with different roof shapes and roof lines will create a visually attractive streetscape both along South Federal Highway and Linton Boulevard. The proposed commercial development is a high quality design product and will improve the aesthetics of this important double frontage site and will be in harmony with developments in the area; thus, positive findings can be made with respect to LDR Section 4.6.18 (E). REQUIRED FINDINGS REQUIRED FINDINGS (Chapter 3): Pursuant to LDR Section 3.1.1 (Required Findings), prior to the approval of development applications, certain findings must be made in a form which is part of the official record. This may be achieved through information on the application, the staff report, or minutes. Findings shall be made by the body, which has the authority to approve or deny the development application. These findings relate to the following four areas. Future Land Use Map: Pursuant to Section 3.1.1(A), 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 (FLUM) designation of TRN (Transitional) and the proposed zoning designation is SAD (Special Activities District). Pursuant to the Land Use Designation/Zoning Matrix (Table L-7, Future Land Use Element), SAD Zoning is consistent with any land use designation on the Future Land Use Map. Pursuant to LDR Section 4.4.25(A) “Purpose and Intent” for the SAD zoning district, “While SAD zoning is deemed consistent with any land use designation on the Future Land Use Map, the uses allowed within a specific SAD shall be consistent with the land use category shown on the Future Land Use Map. The uses, activities, and characteristics of a SAD are to be consistent with the Comprehensive Plan, suitable and compatible with surrounding existing developments, and with the proposed character of the area.” Pursuant to LDR Section 4.4.25(B)(1),Allowed Uses and Structures”, all uses which are to be “ allowed in a particular SAD shall be established at the time of establishment of the SAD zoning designation through inclusion in the rezoning ordinance. Additional uses may be allowed after review and recommendation by the Planning and Zoning Board and approval by ordinance of the City Commission. The proposed SAD rezoning ordinance, prepared by the applicant, was amended to incorporate a list of the uses allowed within the SAD and the maximum intensity (square footage) of each use. It is noted that staff has a concern with the percentage of restaurants being proposed for this development. Based upon the above, it is appropriate to make a positive finding with respect to consistency with the Future Land Use Map designation. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 39 CONCURRENCY: Pursuant to Section 3.1.1(B), facilities which are provided by, or through, the City shall be provided to new development concurrent with issuance of a Certificate of Occupancy. These facilities shall be provided pursuant to levels of service established within the Comprehensive Plan. As described in Appendix “A”, a positive finding of concurrency can be made as it relates to water and sewer, streets and traffic, drainage, parks and recreation, open space, and solid waste. CONSISTENCY: Compliance with performance standards set forth in Article 3.2 and required findings in appropriate sections of LDR Section 2.4.5 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. As described in Appendix “B”, a positive finding of Consistency can be made as it relates to Standards for Site Plan Actions. A review of the objectives and policies of the adopted Comprehensive Plan was conducted and the following applicable objective and policy 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 in terms of soil, topographic and other applicable physical considerations, is complimentary to adjacent land uses and fulfills remaining land use needs. Since the subject property is already developed, soil, topographic and other applicable physical considerations do not have an impact on the appropriate development intensity. Ensuring that the proposed development will be complimentary to adjacent land uses and fulfill remaining land use needs is discussed below. Due to its close proximity to Interstate 95 and the Linton Boulevard Interchange, the Federal Highway / Linton Boulevard intersection is a prime location for destination shopping for goods and services. Commercial activity in Delray Beach has greatly expanded and this intersection has become a robust commercial hub. There are major developments on all four corners of the intersection: the Plaza at Delray Shopping Center at the northwest corner; the Old Harbour Plaza at the northeast corner; the Linton Tower and SunTrust Bank development at the southwest corner; and the Old Harbor Office and Bank Facility on the subject property at the southeast corner. While the subject property is zoned POC (Planned Office Center), all three of the other corners are zoned PC (Planned Commercial). Staff continues to support the property owner’s proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development’s compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The POC zoning designation currently assigned to the property may have been adequate in the past, but office use at this location now represents an economically infeasible use of the property and current market trends indicate that a zoning designation which permits commercial development is more appropriate. Much of the office space in this project is currently vacant and the demand for office space has been marginal in this area. The City is currently promoting office development in the downtown area and in the “Innovation Corridor” along Congress Avenue in the MROC (Mixed Residential, Office and Commercial) zoning district. It would be better if this site did not compete with those initiatives. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 40 The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single-family residential development to the east must be assured at the time of rezoning. It is not unusual for commercially zoned property to directly about single-family residential development. Properly designed shopping centers can and do exist adjacent to residential development throughout the City. Residential and general commercial uses can be compatible and complimentary in that the commercial uses provide necessary goods and services for residential neighborhoods and the residents provide the market base to support the commercial uses. Key issues that need to be addressed to ensure compatibility include the mix of uses, the level of intensity and appropriate buffering. Unfortunately, as discussed below, the currently proposed site plan for Delray Place does not adequately address these issues. Due to the excessive amount of building area, the proposed site plan does not meet the minimum open space requirements or provide adequate parking for the proposed uses. Nor is there room to provide adequate buffering in some areas. These issues, which have been identified in this report, have been discussed with the applicant over a more than 6 month period. The applicant’s response to these concerns is that the overall building area cannot be reduced without rendering the entirety of the project economically infeasible, and that relief will be sought. As stated earlier, a commercial shopping center is the best use of this property, but not at the level of intensity proposed. For comparison purposes, the intensity of other Delray Beach commercial shopping centers on South Federal Highway and Linton Boulevard were reviewed. As shown in the table below, the level of intensity proposed for Delray Place significantly exceeds that of these other centers. At a more consistent FAR of 0.24, the total building area of Delray Place would be reduced to approximately 104,000 square feet (not including the enclosed service areas). The least open space provided in the alternative scenarios included on the site plan is 17.5%, while 25% is required. If a reduction of 27,000 of building floor area was moved to open space, the total open space would be increased to 23.7% and the total parking requirement reduced to 416 spaces, as opposed to the 524 spaces required with the current plan (453 spaces provided). A subsequent reduction in parking from 453 to 416 spaces would increase open space to the required 25%. Commercial Development Intensity Comparison Total Building Area Floor Area Ratio Project Name (Square Feet) (Total Building Area/Total Land Area) Delray Place 137,799 0.32 1801-1845 South Federal Highway Plaza at Delray 293,327 0.19 1400 South Federal Highway Harbor Plaza 52,679 0.21 1725 South Federal Highway South Delray Shopping Center 91,402 0.24 3001 South Federal Highway Linton Center (Target) 206,008 0.24 1200 Linton Boulevard New Century Commons 89,164 0.23 500 Linton Boulevard Lavers International 88,376 0.24 660 Linton Boulevard A reduction in building intensity and subsequent increase in open space would also allow buffering to be better addressed. As noted in the technical comments, the proposed site plan has a much greater impact on the adjacent residential neighborhood to the east than the current office development, especially as it relates to the adjacent single family lots on McCleary Street. The extreme length of the proposed buildings with limited buffering in this area is a concern. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 41 Except for the lower connections between buildings, the (6) interconnected 600 to 1100 buildings present a continuous 700+ feet long, 22 feet high wall located 15 feet from the rear property line of the single family houses. Architecturally, the rear of these buildings has been considerably improved with a system of multi-colored rectangular areas to visually break up the buildings, but added relief along the back edge of the buildings to provide room for additional landscaping would improve the situation. Staff is concerned that the 15’ setback is not large enough to adequately buffer the back of these buildings. The elimination of the doors in the rear of the building for loading functions and enclosing the outdoor dining areas between the buildings has addressed staffs previous concern that the noise would impact the adjacent homes. This analysis has been provided to show what the intensity of the project would have to be to comply with open space and parking requirements with little or no relief. This is not to say that the development cannot be ultimately approved above an intensity of 0.24 FAR. Maintaining economic feasibility is a concern and some relief may still be needed. Staff is concerned that the current proposal pushes the envelope too far to make a finding of compatibility with the neighborhood. Future Land Use Element Policy C-1.12: The following pertains to the South Federal Highway area, south of Linton Boulevard. In Fiscal Year 2010/11, the City’s Planning & Zoning Department shall review existing land uses in this area and shall create a redevelopment plan, overlay district or other development tool to promote and guide future redevelopment of the area. The South Federal Highway Redevelopment Plan was adopted by the City Commission on September 20, 2012. Since the original rezoning application was submitted prior to adoption of the Redevelopment Plan, the current proposal for redevelopment of the subject property will not be required to comply with the Redevelopment Plan per se. However, if the current rezoning action does not go forward, any future redevelopment of the subject property will be required to comply with the Redevelopment Plan. It is noted that the Redevelopment Plan supports redevelopment of the subject property with a commercial shopping center development, subject to the site plan adequately addressing the development’s compatibility with adjacent residential development, and recommends the option for a privately-initiated rezoning by the property owners to SAD. While the PC zoning district would have allowed the proposed uses, the SAD zoning district, with its required site plan, provides the mechanism to ensure compatibility at the time of rezoning. 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. Work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop a contribution of approximately one-half the cost of a bus shelter must be paid in-lieu of providing the bus shelter on site. This has been added as a condition of approval and must be addressed prior to site plan certification. Subject to it being addressed at that time, the development will comply with Transportation Element Policy A-1.5. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 42 COMPLIANCE WITH THE LAND DEVELOPMENT REGULATIONS: Items identified in the Land Development Regulations shall specifically be addressed by the body taking final action on the site and development application/request. As described under the Site Plan Analysis of this report, a positive finding of compliance with the LDRs can only be made when all outstanding items attached as conditions of approval are addressed and the requested waivers are either approved or the plans are modified to eliminate the need for said waivers. Pursuant to LDR Section 2.4.5(F)(5), In additions to provisions of Chapter Three, 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 PC (Planned Commercial) and RM Old Harbor Shopping Plaza and Harbors Edge (Multiple Family Residential) Multiple family Residential Development West PC (Planned Commercial) SunTrust Bank and Burger King East R-1-AA-B (Single Family Residential) and Tropic Isles Single Family Residential CD (Conservation District) Development South PC (Planned Commercial) & R-1-AA-B Tropic Square Shopping Center and Tropic Isles (Single Family Residential) Residential Development Since a rezoning to SAD is linked to a site plan at the time of rezoning, the specific uses are known and compatibility with adjacent and nearby land uses can be assured at that time. This is a unique situation which only occurs with this zoning district. Staff supports SAD zoning at this location, because of this uniqueness. The SAD can be tailored to the situation, allowing both appropriate and compatible commercial development. With this in mind, the compatibility of SAD zoning is entirely dependent on the SAD rezoning ordinance and the associated site plan. As stated earlier in this report, staff does not feel that the proposed site plan for this project is completely compatible with the surrounding area. The intensity is just too high to allow adequate open space and buffering. The applicant’s response is that a reduction in intensity will make the project economically infeasible; relief will be sought to address LDR compliance; and in some cases, the applicant maintains that no relief is required for the SAD district. Since this response does not address the underlying concern with respect to the development intensity depicted on the proposed site plan, a positive finding with respect to Section 2.4.5(F)(5) cannot be made. REVIEW BY OTHERS The development proposal is not within a geographical area requiring review by the DDA (Downtown Development Authority) or CRA (Community Redevelopment Agency). Courtesy Notices: A special courtesy notice was provided to the following homeowners and/or civic organizations: Neighborhood Advisory Council Linton Woods Delray Citizen’s Coalition Pelican Pointe Tropic Isle Civic Association Pelican Harbor SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 43 Banyan Tree Village Spanish Trail Condo Domain Delray Tropic Bay Harbour’s Edge Tropic Harbor Harbourside Public Notices: Formal public notice has been provided to property owners within a 500' radius of the subject property. A substantial number of emails and letters have been received and are attached to this staff report. Other letters of objection and/or support, if any, will be presented at the Site Plan Review and Appearance Board (SPRAB) meeting. ASSESSMENT AND CONCLUSION Staff continues to support the property owner’s proposal to redevelop the site as a high end shopping center, subject to the site plan adequately addressing the development’s compatibility with adjacent residential development, and feels that a major retail center at this corner will anchor the South Federal Highway Redevelopment Area and encourage additional redevelopment. The proposed SAD zoning designation will allow development of a major commercial shopping center at this location. Since the site plan for the project will be included in the rezoning ordinance, compatibility with the adjacent Tropic Isles single-family residential development to the east can be assured at the time of rezoning. Key issues that need to be addressed to ensure compatibility include the mix of uses, the level of intensity and appropriate buffering. Unfortunately, the currently proposed site plan for Delray Place does not adequately address these issues. Due to the excessive amount of building area, the proposed site plan does not meet the minimum open space requirements or provide adequate parking for the proposed uses. Nor is there room to provide adequate buffering in some areas. These issues, which have been identified in this report, have been discussed with the applicant over a more than 6 month period. The applicant’s response to these concerns is that the overall building area cannot be reduced without rendering the entirety of the project economically infeasible, and that relief will be sought. Overall, seven waivers are now needed for the project. These include the following: 1. A waiver to the 25% open space required (17.5% provided) required by LDR Section 4.3.4(K). 2. A waiver for pavement encroachment into the required 15’ perimeter setback for the SAD district. Pursuant to LDR Section 4.4.25(D), “Within the front and any street side setback, the fifteen foot (15') setback area shall be a landscape area and no pavement shall be allowed therein except for pedestrian ways and driveways (or streets) which provide access to the property and which are generally perpendicular to the abutting street.” 3. A waiver to LDR Section 4.3.4(H)(6)(b)(1), Special Landscape Setbacks, requiring a 25 foot landscape buffer along South Federal Highway. 4. A waiver to LDR Section 4.3.4(H)(6)(b), Special Landscape Setbacks, requiring a special landscape area at the smaller distance of either 30' or 10% of the average depth of the property along Linton Boulevard. 5. A waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, requiring a stacking distance of 50 feet between a right-of-way and the first parking space or aisle way in a parking lot. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 44 6. A waiver to LDR Section 4.6.16(H)(3)(i), requiring, landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces or fifteen (15) compact parking spaces. 7. A waiver to LDR Section 1.6.16(H)(3)(k), requiring a 5’ landscape strip with a two foot hedge to be placed between abutting parking tiers. The required positive findings cannot be made for several of these waivers and while they can be made on others, staff believes that the relief should not be granted. As discussed in this report, relief to three of the above items would normally require a variance granted by the Board of Adjustment. The applicant is seeking an alternative method of relief whereby the City Commission may grant waivers to these sections of the code. Although staff does not agree with this approach, it remains to be seen whether or not the City Commission will agree. As stated earlier, a commercial shopping center is the best use of this property, but not at the level of intensity proposed. At a more reasonable level of intensity, the development could be approved with only limited relief. There are still a number of outstanding issues that will be addressed as conditions of approval, including a considerable number of Landscape items. ALTERNATIVE ACTIONS postponement A. Move of the waivers, Class V site plan, landscape plan and architectural elevations for Delray Place, by electing to continue with direction. approval B. Move of the waivers, Class V site plan, landscape plan and architectural elevations for Delray Place, 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 2.4.5(F)(5), 2.4.7(B)(5) and Chapter Three of the Land Development Regulations, subject to the attached conditions of approval. denial C. Move of the waivers, Class V site plan, landscape plan and architectural elevations for Delray Place, 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 the criteria set forth in Sections 2.4.5(F)(5), 2.4.7(B)(5) and Chapter Three of the Land Development Regulations. [Motion to be stated in the affirmative] STAFF RECOMMENDATION By Separate Motions: Waivers: denial 1. Recommend to the City Commission of a waiver to reduce the 25% open space required by LDR Section 4.3.4(K) to 17.5%, based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). (Motion to be stated in the affirmative) approval 2a. Recommend to the City Commission of a waiver to LDR Section 4.4.25(D)(1), for pavement encroachment into the required 15’ perimeter setback for the SAD zoning district, for the driveway/parking aisle along Linton Boulevard opposite the 1000 to 1100 buildings and the sidewalk/outdoor dining area along the south side of the 400 building, based on positive findings with respect to LDR Section 2.4.7(B)(5). SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 45 denial 2b. Recommend to the City Commission of a waiver to LDR Section 4.4.25(D)(1), for pavement encroachment into the required 15’ perimeter setback for the SAD zoning district, for the sidewalk surrounding the north and west sides of the 100 building (bank configuration),based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5) (Motion to be stated in the affirmative) approval 3. Recommend to the City Commission of a waiver to LDR Section 4.3.4(H)(6)(b)(1), to reduce the required 25 foot special landscape buffer along South Federal Highway to 15 feet, based on positive findings with respect to LDR Section 2.4.7(B)(5), with the condition that the power lines for the street lights along South Federal Highway be place underground. denial 4. Recommend to the City Commission of a waiver to LDR Section 4.3.4(H)(6)(b)(4), to reduce the required special landscape buffer along Linton Boulevard from the required 15.5 and 30 feet to 8 feet, based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). (Motion to be stated in the affirmative). approval 5. Recommend to the City Commission of a waiver to LDR Section 4.6.9(D)(3)(c), Stacking Distance, to reduce the required 50 foot stacking distance between a right-of-way and the first parking space or aisle way in a parking lot to twenty-six (26) feet for the two entrances on Linton Boulevard and thirty-two (32) feet for the entrance on Eve Street, based on positive findings with respect to LDR Section 2.4.7(B)(5). denial 6. Move of a waiver to LDR Section 4.6.16(H)(3)(i), requiring landscape islands which contain a minimum of one hundred thirty-five (135) square feet of planting area, with a minimum dimension of nine (9) feet, exclusive of the required curb, to be placed at intervals of no less than one landscaped island for every thirteen (13) standard parking spaces orfifteen (15) compact parking spaces, based on a failure to make positive findings with respect to LDR Section 2.4.7(B)(5). (Motion to be stated in the affirmative) 7. Move approval of a waiver to LDR Section 1.6.16(H)(3)(k), requiring a 5’ landscape strip with a two foot hedge to be placed between abutting parking tiers, to allow sidewalks to be placed in two required landscape strips, based on positive findings with respect to LDR Section 2.4.7(B)(5), with the condition that two landscape islands be located on either side of the northern sidewalk connection and three landscape islands be placed on either side of the southern walkway connection. Site Plan: Delray Place Move denial of the Class V site plan for , 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 the criteria set forth in Section 2.4.5(F)(5) and Chapter Three of the Land Development Regulations. (Motion to be stated in the affirmative) If the Board elects to approve the site plan, the following conditions of approval should be attached to the motion: 1. One bike rack should be provided for each building in the project, except for the 600- 1100 buildings fronting on Linton Boulevard where 3 racks for the 6 buildings will suffice. 2. Add sight visibility triangles where missing and modify the Site, Landscape and Engineering plans as required to depict the correct site visibility triangles. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 46 3. Revise the photometric plan to comply with the LDR requirement of 1.0 FC minimum and increase the maximum illumination level from the proposed maximum of 5.0 FC to at least 10.0 FC; increase the minimum lighting levels in the parking area at the far northeastern corner of the property to 2 FC; show lighting levels for building entrances and under overhangs and canopies; and revise the table on the photometric plan to show all of the required data. 4. A note shall be placed on the site plan that all existing and proposed utilities associated with the development must be located underground. 5. That the applicant shall work with the Engineering Department to determine if a mass transmit easement should be provided along South Federal Highway. If so, this must be depicted on the site plan, landscape plan, and civil engineering plans. If the project is not adjacent to a bus stop a contribution of approximately one-half the cost of a bus shelter must be paid in-lieu of providing the bus shelter on site. 6. The property must be replatted and the plat must be recorded prior to the issuance of a building permit. 7. Satisfy the Preliminary Engineering Technical Items identified in “Appendix C” of the staff report prior to site plan certification. 8. CCTV technology should be incorporated into the project. The applicant shall work with the police department to ensure compliance. 9. The overhead doors for all enclosed truck well and loading areas are to remain closed at all times that delivery vehicles occupy these spaces and trucks which have backup beepers are not permitted in these areas between 7:00 pm and 7:00 am. 10. The signs depicted on the site plan are not included with this site plan approval. Landscape Plan: Delray Place Move denial of the landscape plan for , by adopting the findings of fact and law contained in the staff report, and finding that the request is inconsistent with Section 4.6.16 of the Land Development Regulations. (Motion to be stated in the affirmative) If the Board elects to approve the Landscape Plan, the following condition of approval should be attached to the motion: 1. That all Landscape Plan Technical Items be addressed prior to certification of the site plan. Architectural Elevations: Delray Place Move approval of the architectural elevations for , by adopting the findings of fact and law contained in the staff report, and finding that the request meets the criteria set forth in Section 4.6.18(E) of the Land Development Regulations. Attachments: Appendix “A” Appendix “B” Appendix “C” Location Map Aerial Reduced Plans Parking Study SAD Rezoning Ordinance No. 41-12 SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 47 APPENDIX “A” CONCURRENCY FINDINGS Pursuant to Section 3.1.1(B), 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. Water and Sewer: The site is already served by water and sewer service. Municipal water service is available via connection to a 12” water main located the east side of S. Federal Hwy., a 10” water main on Eve Street, and a 6” water main on the south side of Linton Boulevard. Fire protection is provided by two fire hydrants located on the south side of Linton Boulevard and one along the north side of Eve Street. Additional fire hydrants may be required and this was noted in the Fire Department’s technical comments. Sewer service is available to the site via connection to an existing 8” sewer main which is located along on Eve Street. On site sewer main improvements will be considered as part of the site development approval process. Pursuant to the Comprehensive Plan, treatment capacity is available at the South Central County Waste Water Treatment Plant for the City at build-out. The Comprehensive Plan also states that adequate water and sewer treatment capacity exists to meet the adopted LOS at the City’s build-out population based on the current Future Land Use Map. Thus, a positive finding with respect to this level of service standard can be made. Streets and Traffic: A traffic analysis report for the proposed development was prepared by TrafTech Engineering. The traffic report determined that the proposed redevelopment will generate a net increase of 4,817 Average Daily Trips (ADT), with a net reduction of 225 A.M. peak hour trips, and a net increase of 398 new P.M. peak hour trips. The report concluded that the adjacent street network has adequate available capacity to accommodate the project traffic associated with the Delray Place Project and that the project is not anticipated to negatively affect the roadway network located within the project study area. The applicant transmitted the traffic study to the Palm Beach County Traffic Division for review. A letter from Palm Beach County indicating that the project meets the Traffic Performance Standards of Palm Beach County is required prior to certification of the site plan. Drainage: Engineering has requested that the applicant provide a signed and sealed drainage report indicating the proposed system’s ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3(D)(7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr. / 24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. The applicant has indicated that the drainage calculations will be provided at final engineering and show that the parking lot is designed to be protected from the 10 yr. / 24 hr. storm event while maintaining the existing discharge from the site. Thus, a positive finding with respect to this level of service standard can be made. Parks and Open Space: Park dedication requirements do not apply for non-residential uses. Thus, the proposed development will not have an impact with respect to this level of service standard. 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. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 48 Solid Waste: As shown on the following table, the proposed redevelopment of the property will result in a net increase of 905.6 tons per year in solid waste generation. In its annual capacity letter, dated January 6, 2012, the Solid Waste Authority indicates that it has sufficient capacity for concurrency management and comprehensive planning purposes. As stated in the letter, “Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5-005(4).” Based on population projections, waste generation rate projections, waste reduction, and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2047. Thus, a positive finding with respect to this level of service standard can be made. Solid Waste Generation Delray Place Existing Development Proposed Development 56,515 SF General Office @ 5.4 lbs/sf = 152.6 tons/year 65,441 SF Retail @10.2 lbs/sf = 333.7 tons/year 29,366 SF Medical Office @ 4.6 lbs/sf = 67.5 65,441 SF Potential Restaurants @ 24.9 lbs/sf = tons/year 814.7 tons/year 4,459 SF Retail @ 10.2 lbs/sf = 22.7 tons/year Total: 242.8 tons/year Total: 1,148.4 tons/year SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 49 APPENDIX “B” STANDARDS FOR SITE PLAN 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 X Meets intent of standard Does not meet intent ___________________________________________________ B. Separation of different forms of transportation shall be encouraged. This includes pedestrians, bicyclists and vehicles in a manner consistent with policies found under Objectives D-1 and D-2 of the Transportation Element. Not applicable 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. X Not applicable 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. X Not applicable 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. X Not applicable Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 50 F. Property shall be developed or redeveloped 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 – The intensity of the proposed development is too high and will not be complementary to adjacent land uses 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. X Not applicable 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 - The intensity of the proposed development is too high and may have an impact on the stability of the residential neighborhood to the east. 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 X Meets intent of standard 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. X Not applicable Meets intent of standard Does not meet intent SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 51 APPENDIX “C” PRELIMINARY ENGINEERING TECHNICAL ITEMS Provide a response letter with a detailed description of how each of these comments 1. has been addressed and reference plans sheet number for accurate review. 2. Provide copy of certified boundary and topographic survey meeting requirements of LDR Section 2.4.3 (A), (B) and (D). Existing grades should be taken at least 10-feet outside all subject property lines for all adjacent properties per LDR Section 2.4.3 (B) (20). Survey shall provide sufficient information to determine historical drainage pattern. Survey shall include all existing easements. 3. The Survey, Site, Landscaping and Civil Plans need to be at the same scale. All plans needs to be drawn on 24” x 36” sheets and at a scale of 1” = 10’, 1” = 20’ or 1” = 30’ per LDR Section 2.4.3 (B) (1) and (D) (1). 4. Provide Civil Plans with existing and proposed spot elevations showing changes of elevations of not more than 2-feet, throughout the site and at a minimum distance of 10-feet into all adjacent properties per LDR Section 2.4.3 (B) (20) and (D) (2). Provide sufficient elevations to ensure proposed improvements will not have a negative impact on surrounding drainage and to establish historical storm water flow. 5. Provide existing elevations on existing roadway including edge of pavement and center line. 6. Clearly indicate limits of right-of-way and center line of the right-of-way of any adjacent streets with the basis of the center line clearly stated; the center line of the existing pavement; the width of the street pavement; the location and width of any adjacent sidewalk; and the identification of any improvements located between the property and any adjacent street per LDR Section 2.4.3 (B) (5). 7. Please coordinate location of all existing and proposed easements on Site, Civil, Landscape and Composite Utility Plans. Existing and proposed easement locations and labeling needs to be consistent on all plans. 8. Indicate sight distances at all ingress/egress points and all intersections. Sight triangles must be indicated on Landscape and Engineering plans per LDR Section 4.6.14. All visual obstructions within the site visibility shall provide unobstructed cross-visibility at a level between 3-feet and 6-feet, this includes tree trunks. Sight triangles are to be measured from the edge of pavement for driveways and from the ultimate right-of-way line for alleys and streets. 9. Indicate sight visibility triangles in accordance with the FDOT Design Standard Index 546, Sight Distance at applicable FDOT intersections. 10. Provide a minimum 10-foot General Utility Easement (GUE) through the property for all other utilities. This GUE is not allowed in public right-of-way. Water, sewer or drainage system(s) cannot occupy or share this GUE. 11. Indicate location of required FPL easements. 12. If project phasing is proposed, such phases need to be clearly shown on the plans and a narrative describing the phasing program provided per LDR Section 2.4.3 (B) (22). Please SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 52 indicate phasing plan on Civil Plans and clearly indicate how this would affect proposed specifically water and sewer improvements improvements; . 13. Please take into consideration constructability, health department releases, road closures, re-paving, inconvenience to local residence, etc. when developing a civil phasing plan. 14. Palm Beach County Health Department permits required for this project. Permits will have to be phased in accordance with construction phasing so Health Department releases do not hold-up Certificate of Occupancy issuance by the Building Permit Department. 15. Palm Beach County permit(s) or permit modification through the Traffic Division required for this project per LDR Section 2.4.2 (C) (2) (d). Provide documentation indicating applicant has met with Palm Beach County regarding proposed project. 16. Florida Department of Transportation (FDOT) permit(s) required for this project per LDR Section 2.4.2 (C) (2) (c). Submit copy of FDOT pre-application letter. 17. South Florida Water Management District (SFWMD) permit, permit modification or Letter of “No Notice” required for this project in accordance with LDR Section 2.4.6(J). Provide Letter of “No Notice” from SFWMD or pre-application correspondence with SFWMD regarding proposed project. If project qualifies for a “No Notice General Permit for Activities in Uplands,” submit specific criteria in accordance with Section 40E-400.315 and Section 40E- 400.316 of the Florida Administrative Code to City of Delray Beach Engineering Division for consideration; otherwise, submit to SFWMD for determination. 18. Provide Demolition Plans at a scale to match Civil Plans. Include any underground utilities to be removed or abandoned in place. Provide notes that state the disposition of all existing facilities including service lines and cleanouts. 19. Clearly dimension driveway width on Civil Plans. 20. Indicate handicap spaces are to be provided in accordance with LDR Section 4.6.9 (D)(8)(d); City of Delray Beach Construction Standard Detail RT 4.2; and the Florida Building Code, Chapter 11, Accessibility Code for Building Construction. Handicapped parking spaces need to be paved, properly marked, and ramp and curb cuts provided if required. 21. Provide ADA compliant access from the parking space to the building. 22. Provide note that parking layout and striping needs to follow City of Delray Beach current standards. Provide latest Parking Lot Detail RT 4.1 and Typical Parking Space Details RT 4.2 A thru C, as applicable on Civil Plans. On plan view, indicate double striping at parking spaces. 23. Provide finished floor elevation. In accordance with LDR Section 7.1.3 (B) (2), if finished floor elevation is less than 18-inches above centerline of adjacent road, but above the 100- year storm or National Flood Insurance minimum elevations, then a letter is required from a professional registered engineer certifying that the drainage conditions have been investigated and the proposed floor elevation is above the flooding level. It must be shown that the property will have adequate drainage to ensure that flooding will not occur in a 100- year, 3-day storm event. 24. Provide finish floor elevations for nearest adjacent structures / buildings abutting all property boundaries. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 53 25. Provide signed and sealed drainage report indicating the proposed system’s ability to meet storm water quality and quantity requirements in accordance with the South Florida Water Management District regulations per LDR Section 2.4.3 (D) (7). In addition, the surface water management system needs to be designed in accordance with LDR Section 6.1.9 for a minimum of a 10 yr./24 hr. storm event. The system needs to provide for positive drainage of lots, streets, roads, and other public areas as well as handling any run-off from adjacent areas that historically flowed into the subject area. Include drainage calculations confirming that there will be no negative post development impacts on adjacent homes, structures or properties. 26. Show nearest existing drainage structures per LDR Section 2.4.3 (D) (3). 27. Provide note indicating that no landscaping shall be planted over any exfiltration trenches on Civil Plans. 28. Provide drainage easements for all proposed private drainage systems in accordance with LDR Section 5.3.4. 29. Provide a separate tap for irrigation, domestic water and fire lines. 30. Provide separate tap from water main for single or double water service connections per City standard detail PW 9.2, revise accordingly. 31. Provide a second valve at fire hydrant for runs that exceed 20-feet, per City Standard detail PW 5.1 (see note #7). 32. Provide double valves at connection points for new mains to existing mains, not at service lines. 33. Indicate typical configuration and location of proposed sewer services with cleanouts. A cleanout will be required on the existing sewer service at a maximum distance of 18-inches from the right-of-way line and/or easement line per City of Delray Beach Standard Detail WW 4.1. At locations where this cannot be obtained, an exclusive sewer easement will be required up to the first clean-out. 34. Provide on the detail sheet City of Delray Beach Standard Detail WW 4.1, WW 5.1 or 5.2 (as applicable). 35. Indicate grease trap(s) will be installed in accordance with City of Delray Beach Minimum Construction Standards and Specifications. 36. Provide 12-foot exclusive water and 12-foot exclusive sewer easement over water and sewer mains, respectively. Water and sanitary sewer lines cannot share a 12-foot easement. 37. Provide the following note on both the Engineering Plans and the Landscape Plans that, “any trees or shrubs placed within water, sewer or drainage easements shall conform to the City of Delray Beach Standard Details; LD 1.1 & LD 1.2.” These Details are to be shown on the Landscape Plans. 38. Provide a minimum horizontal distance of 10-feet between water mains and storm or sanitary sewers; refer to City Standard Detail PW 2.1 for other City design criteria. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 54 39. Provide note indicating, “No proposed improvements, buildings or any kind of construction can be placed on or within any water, sewer or drainage easements, unless approved by the City of Delray Beach City Engineer.” 40. Provide note indicating, “No proposed structures shall be installed within a horizontal distance of 10-feet from any existing or proposed water, sewer or drainage facilities, unless approved by the City of Delray Beach City Engineer.” 41. Provide a minimum horizontal distance of 6-feet between water main / connection and right- of-way and/or easement line. 42. Provide a minimum horizontal distance of 6-feet between sanitary sewer main / connection and right-of-way and/or easement line. 43. Provide details for all water, sewer and drainage conflicts. Provide both bottom and top elevations at all conflict locations on profile sheets. This will be checked during the Building Permit review process. 44. Provide signed and sealed calculations indicating current and proposed estimated flows into existing or proposed lift station and force main. Written approval from the Deputy Director of Public Utilities stating that the City’s system has sufficient capacity to treat proposed flows is required. 45. Provide a Composite Utility Plan signed by a representative of each utility provider attesting to the fact that services (water, sewer, drainage, gas, power, telephone and cable) can be accommodated as shown on the Composite Utility Plan. The Composite Utility Plan needs to address the responsibility for relocation of existing services and installation of new services in accordance with LDR Section 2.4.3 (F) (4). Composite Utility Plan is also used to ensure physical features do not conflict with each other and existing or proposed utility services. 46. The Composite Utility Plan (or Composite Overlay Plan) needs to include all existing and proposed overhead and underground utilities; all existing and proposed light poles; all existing and proposed easements; all existing and proposed improvements to hardscape and landscape. The Composite Utility Plan is also used to ensure physical features and existing or proposed utilities do not conflict with each other. 47. Indicate City approved bus shelter and mass transit easement will be provided per City of Delray Beach Comprehensive Plan, Policy A-1.5. New residential projects with over 25 units and nonresidential projects over 10,000 square feet which are adjacent to existing or future Palm Tran bus stops are required to provide an easement and install a City approved bus shelter on site. If project is not adjacent to a bus stop, or bus shelter already exist, a contribution made to the City in-lieu of providing the bus shelter on site is required. 48. If bus shelter required, please indicate on plans a City approved bus shelter will be installed in accordance with Palm Tran and ADA requirements (e.g. 5’ x 8’ landing area, 30’ from intersection, direct access to site, etc.). Submit revised plans and any required documentation for Preliminary Engineering 49. review with next submittal. Please ensure a complete set is provided for the City of Delray Beach Engineering Division and indicate which documents are for the Engineering Division. 50. Additional comments may follow after review of revised plans. SPRAB Staff Report: Meeting of 12/12/12 Delray Place – Class V Site Plan, Landscape Plan, Architectural Elevations and Waivers Page 55 51. Final Engineering comments will also be generated after submittal of Final Engineering Plans for the Building Permit. Planning & Zoning Department M E M O R A N D U M TO: Site Plan Review and Appearance Board FROM: Ronald Hoggard DATE: December 11, 2012 RE: Addendum to Delray Place Staff Report Board Members, The purpose of this memo is to correct an omission in the staff Place Project. If the Board elects to approve the site plan, staff recomme following three conditions of approval be added to the ten condi to 46 in the staff report: 11. If any of the uses in the Delray Place project requires an auxiliary power generator pursuant to the Specific Requirements for Specific Use Section 4.3.3, the generator(s) shall not be located outside the rear of the development adjacent to the residential neighborhood, unless located on the roof and appropriately screened. 12. The exhaust ports for any restaurant ventilation hood system in buildings must be located on the roof and not in the rear wall f residential neighborhood. 13. If the proposed redesign of the Tropic Square shopping center, which includes a new driveway connection to Eve Street, has not been constructed prior to the C/O for any buildings in the Delray Place project, the driveway on Eve Street for Delray Place shall be angled and signed to restrict exiting traffic to right-turn only. S.0 21'25"W. PLAT S.0 23'38"W. SURVEY 110.82' PLAT 111.43' SURVEY 10' 24'16' 50' 60' 24' 15' 17' 50' 30'20' 16' 25' 10'40' 16'24'18' 10' 50' 30'20' 50' 15' TYP 18' 50' 89' 10' LIART HSINAPS 316.26' PLAT S.2 58"03"E. SURVEY 316.40' S.0 11'4"E. PLAT S.0 09'35"E. SURVEY 50' 140.00' 25' 186' 20' 15' 22' 54' 150' 15' 23' 89' 10' 18' 74' 275' 63' 18'5'18'25'18' 10' 24'18'5'18'24'18'5'18' 2' 18'24'18'5'18'24'18'5'18'5'18'24'18'5'18'29'18'5' 15' 53'-2" 82.9' 14'30'10' 18'30'18' 15' 15' 30' MEMORANDUM TO:Mayor and City Commissioners FROM:David T. Harden, City Manager DATE:December 26, 2012 AGENDA ITEM 11.B. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: ORDINANCE NO. 42-12 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading and quasi-judicial hearing to considera privately initiated Future Land Use Map (FLUM) amendment (small-scale) from MD (Medium Density Residential 5-12du/ac) to LD (Low Density Residential 0-5 du/ac) and rezoning from RM (Medium Density Residential) to R-1-A (Single Family Residential) for the properties located on the north and south sides of Bermuda Gardens Road. BACKGROUND At the first reading on December 4, 2012 the Commission passed Ordinance No. 42-12. RECOMMENDATION Recommend approval of Ordinance No. 42-12 on second and final reading. CoversheetPage 1of 2 MEMORANDUM TO:Mayor and City Commissioners FROM:Scott Pape, AICP, FCP, Senior Planner Mark McDonnell, AICP, Assistant Director of Planning and Zoning THROUGH:City Manager DATE:November 29, 2012 AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF DECEMBER 4, 2012 SUBJECT: ORDINANCE NO. 42-12 ITEM BEFORE COMMISSION Consideration of a privately-initiated small-scale Comprehensive Plan amendment and rezoning for the neighborhood. The small-scale Comprehensive Plan amendment consists of a Future Bermuda Gardens Land Use Map change from MD (Medium Density Residential 6-12 du/ac) to LD (Low Density Residential 0-5 du/ac) and an associated rezoning from RM (Medium Density Residential – Medium Density) to R-1-A (Single Family Residential). BACKGROUND The neighborhood consists of nine residential lots with a total of 2.40 acres and is located on the west side of Ocean Boulevard along Bermuda Gardens Road. A portion of the lots have been created by two plats. The Bermuda Gardens Plat No. 1 contains two lots and the Bermuda Garden Estates Plat contains two lots. The remaining five lots were created by metes and bounds description. The neighborhood consists of eight single family residences (one house occupies two lots). At its meeting of September 28, 2005, the Site Plan Review and Appearance Board approved a Class V site plan application to construct three townhouses at the southwest corner of Bermuda Gardens Road and Ocean Boulevard. This prior approval for a multiple family use at the entrance to their single family neighborhood raised concerns for the remaining property owners. The neighborhood is now collectively seeking the change in land use and zoning which would not allow multiple family uses. The site plan approval was extended to September 28, 2009, but the site plan was never certified and approval ended on the expiration date. The proposed changes are not associated with any redevelopment proposal. All of the property owners have applied together to change the FLUM and Zoning Map designations to be consistent with the existing single family uses in the neighborhood. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=6245&MeetingID=39612/26/2012 CoversheetPage 2of 2 REVIEW BY OTHERS At its meeting of November 19, 2012, the Planning and Zoning Board held a public hearing associated with the LD (Low Density Residential 0-5 du/ac) Future Land Use Map amendment, and R-1-A (Single Family) rezoning request. They had no concerns with the requested Future Land Use and Zoning designations. After a brief discussion, the Board recommended approval of the proposed FLUM and Rezoning on a 5-0 vote. RECOMMENDATION Approve on first reading Ordinance 42-12 for a Future Land Use Map amendment from MD (Medium Density Residential 6-12 du/ac) to LD (Low Density Residential 0-5 du/ac) and Rezoning from RM (Multiple Family Residential - Medium Density) to R-1-A (Single Family Residential), by adopting the findings of fact and law contained in the staff report, and finding that the request and approval thereof is consistent with the Comprehensive Plan and does meet the criteria set forth in LDR Sections 3.1.1 (Required Findings), 3.2.2 (Standards for Rezoning Actions), 2.4.5(D)(5)(Rezoning Findings). http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=6245&MeetingID=39612/26/2012 MEMORANDUM TO:Mayor and City Commissioners FROM:Vincent Nolan, CEcD, Economic Development Director THROUGH:David T. Harden, City Manager DATE:December 26, 2012 AGENDA ITEM 11.C. - REGULAR COMMISSION MEETING OF JANUARY 3, 2013 SUBJECT: ORDINANCE NO. 44-12 ITEM BEFORE COMMISSION This item is before Commission for a second reading to approve Ordinance No. 44-12. BACKGROUND On December 11, 2012, the City Commission approved at first reading an ordinance which would ultimately authorize the City Commission to grant property tax exemptions to companies wishing to relocate to Delray Beach, or to existing companies committed to expanding their facilities in Delray Beach. This would mirror a similar ordinance recently passed by the voters of Palm Beach Gardens, as well as the existing tax exemption ability renewed by the voters of Palm Beach County. As previously presented, such tax exemptions are authorized by State Statute and like all other property tax exemptions, they require approval of the voters to grant the use of such exemptions locally. If approved, 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. We have been encouraged by the Palm Beach County Business Development Board to adopt such an ordinance, as they are encouraging all communities in Palm Beach County to do so. BDB Chief Executive Officer Kelly Smallridge believes that this is an important tool in every communitys economic development tool box, in addition to other local cash incentives which they may have already enacted. Once approved for use by the voters, each individual company exemption is not the subject of a referendum. The City Commission would consider each applicant request on a case by case basis and authorize such exemption by vote of the Commission. In considering any application for an exemption under this ordinance, the City would take into account a variety of factors, including: number of new jobs, the average wage of the new jobs, capital investment, type of business, environmental impact of the business, impact on other local businesses, availability of funds, and any other economic-related characteristics or criteria deemed necessary by the City Commission. There must also be a finding that the business meets the requirements of State Statute s. 196.012(15) or (16). Upon approval of an application for a tax exemption under this ordinance, the City Commission and the applicant will 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 time 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 particular 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 Second Reading and refer the matter to the voters by public referendum on March 12, 2013. CoversheetPage 1of 3 MEMORANDUM TO:Mayor and City Commissioners FROM:Vincent Nolan, CEcD, Economic Development Director THROUGH:David T. Harden, City Manager DATE:December 5, 2012 AGENDA ITEM 12.A. - REGULAR COMMISSION MEETING OF DECEMBER 11, 2012 SUBJECT: 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. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=6272&MeetingID=39712/26/2012 CoversheetPage 2of 3 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 (j)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 http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=6272&MeetingID=39712/26/2012 CoversheetPage 3of 3 and the creation of jobs for its residents. RECOMMENDATION Recommend approval of Ordinance No. 44-12 on First Reading. http://itwebapp/AgendaIntranet/Bluesheet.aspx?ItemID=6272&MeetingID=39712/26/2012